TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

June 16,2009

 

BILL BISHOP, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, June 16,2009. The meeting was called to order at 10:05 A.M. by Committee Chair Bill Bishop.  The meeting adjourned at 10:11 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Bill Bishop, Chair - Excused                                         Sharonda Pender, Legislative Aide

                     CM Art Shad, Vice Chair                                                      Phillip Peterson, Asst. Auditor

                      CM Reggie Brown                                                                        Steve Rohan, General Counsel

                      CM Johnny Gaffney - Gaffney                                               John Jackson, Chief of Research

                      CM Glorious Johnson                                                            Lisa Rinaman, Administration

                      CM Richard Clark - Excused                                             Laurie Kattreh, Planning Dept.

                      CM Don Redman                                                                  Stephen Smith, Planning Dept.

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Paige Johnston, Rogers Towers  (2009-395)


 

1.    2009-395   AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE FAIR SHARE ASSESSMENT CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND PECAN PARK ROAD INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY (CCAS# 47890) FOR A PROJECT TO BE KNOWN AS "PECAN PARK ROAD TOWNHOMES & RETAIL", CONSISTING OF A MAXIMUM OF 322 TOWNHOMES AND 93,000 SQUARE FEET OF RETAIL USES ON APPROXIMATELY 115.00  ACRES LOCATED AT 671 PECAN PARK ROAD, BETWEEN I-95 AND TISON ROAD, WITH A TERM OF 5 YEAR(S) AND A FAIR SHARE ASSESSMENT AMOUNT OF $3,158,661 IN FAIR SHARE FUND SECTOR 6.2, WHICH CONSOLIDATES RESERVED CAPACITY WITH THE DEVELOPMENT AGREEMENT WITH PECAN PARK ROAD INVESTMENTS, LLC (CCAS# 22759, 22763, 22764 AND 22765), CONVERTS THE USES; EXTENDS THE DURATION AND ESTABLISHES A HOLDING FEE FOR RESRERVED CAPACITY FOR PROPERTY LOCATED IN COUNCIL DISTRICT 11, PURSUANT TO PART 3, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 5/19/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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2.    2009-428   AN ORDINANCE AMENDING CHAPTER 35 (ENVIRONMENTAL AND COMPLIANCE DEPARTMENT), PART 4 (ANIMAL CARE AND CONTROL DIVISION), ORDINANCE CODE, TO RENAME THE DIVISION THE ANIMAL CARE AND PROTECTIVE SERVICES DIVISION;  AUTHORIZING THE MUNICIPAL CODE CORPORATION ("MUNICODE") TO MAKE ADDITIONAL NAME CHANGES THROUGHOUT THE MUNICIPAL CODE; DIRECTING THE CHIEF OF LEGISLATIVE SERVICES TO SEND A COPY OF THIS LEGISLATION TO MUNICODE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 15, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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3.    2009-437   AN ORDINANCE APPROPRIATING $573,378.70 ($499,113.68 GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND $74,265.02 FROM FUND BALANCE) TO PROVIDE FUNDING FOR THE GAS STORAGE TANK INSPECTION PROGRAM ADMINISTERED BY THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT FOR THE GRANT PERIOD FROM JULY 1, 2009 TO JUNE 30, 2010, AS INITIATED B.T. 09-124; PROVIDING FOR A CARRYOVER TO FISCAL YEAR 2009-2010; REAUTHORIZING POSITIONS IN THE GAS STORAGE TANK INSPECTION PROGRAM FOR THE GRANT PERIOD, AS INITIATED BY R.C. 09-365; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY, PURSUANT TO SECTION 117.104, ORDINANCE CODE, TO EXECUTE AND DELIVER GRANT DOCUMENTS TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 15, 2009

 

Recommend to AMEND and  APPROVE.

 REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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4.    2009-438   AN ORDINANCE APPROPRIATING $1,220,879.51 (A $1,176,567.34 GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND $44,312.17 FROM FUND BALANCE) TO FUND THE GAS STORAGE TANK CLEANUP PROGRAM ADMINISTERED BY THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT FOR THE GRANT PERIOD FROM JULY 1, 2009, TO JUNE 30, 2010, AS INITIATED BY B.T. 09-125; PROVIDING FOR A CARRYOVER TO FISCAL YEAR 2009-2010; REAUTHORIZING POSITIONS IN THE GAS STORAGE TANK CLEANUP PROGRAM FOR THE GRANT PERIOD, AS INITIATED BY R.C. 09-366; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY, PURSUANT TO SECTION 117.104, ORDINANCE CODE, TO EXECUTE AND DELIVER GRANT DOCUMENTS TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 15, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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5.    2009-439   AN ORDINANCE APPROPRIATING A $283,427 GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY TO PROVIDE FUNDING TO THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT TO CONDUCT AIR MONITORING STUDIES IN DUVAL COUNTY FOR THE GRANT PERIOD FROM JULY 1, 2009, TO JUNE 30, 2010, AS INITIATED BY B.T. 09-126; REAUTHORIZING POSITIONS FOR THE MONITORING DEMONSTRATION STUDY, AS INITIATED BY R.C. 09-367; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY, PURSUANT TO SECTION 117.104, ORDINANCE CODE, TO EXECUTE AND DELIVER GRANT DOCUMENTS TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 15, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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6.    2009-440   AN ORDINANCE APPROPRIATING A $172,246 GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PROVIDE FUNDING TO THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT FOR AMBIENT AIR MONITORING TO MEASURE AND RECORD CONCENTRATIONS OF CARBON MONOXIDE, SULFUR DIOXIDE, NITROGEN DIOXIDE, OZONE AND PARTICULATE MATTER IN THE ATMOSPHERE IN DUVAL COUNTY FOR THE GRANT PERIOD FROM JULY 1, 2009 TO JUNE 30, 2010, AS INITIATED BY B.T. 09-127; REAUTHORIZING POSITIONS FOR THE AMBIENT AIR MONITORING PROGRAM, AS INITIATED BY R.C. 09-368; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY, PURSUANT TO SECTION 117.104, ORDINANCE CODE, TO EXECUTE AND DELIVER GRANT DOCUMENTS TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 15, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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7.    2009-441   AN ORDINANCE APPROPRIATING A $571,313 GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PROVIDE FUNDING TO THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT TO PERFORM AIR POLLUTION PERMITTING AND COMPLIANCE-RELATED ACTIVITIES FOR MAJOR SOURCES OF AIR POLLUTION IN DUVAL COUNTY FOR THE GRANT PERIOD FROM JULY 1, 2009, TO JUNE 30, 2010, AS PART OF THE AIR POLLUTION TITLE V PERMITS PROGRAM, AS INITIATED BY B.T. 09-128; REAUTHORIZING POSITIONS IN THE AIR POLLUTION TITLE V PERMITS PROGRAM, AS INITIATED BY R.C. 09-369; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY, PURSUANT TO SECTION 117.104, ORDINANCE CODE, TO EXECUTE AND DELIVER GRANT DOCUMENTS TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.; 6/2/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 15, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

Recommend to APPROVE.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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8.    2009-471   A RESOLUTION CONCERNING THE VACATION OF A PORTION OF THE PLAT OF JACKSONVILLE HEIGHTS, RECORDED IN PLAT BOOK 5, PAGE 93, PURSUANT TO SECTION 177.101(3), FLORIDA STATUTES; AUTHORIZING THE REPLAT OF SAID LANDS INTO THE MAGNOLIA GLYNN SUBDIVISION; MAKING FINDINGS; ABANDONING CERTAIN UNOPENED ROADS WITHIN THE BOUNDARIES OF THE PLAT OF JACKSONVILLE HEIGHTS WHICH HAVE NOT BEEN OPENED AND HAVE NOT BECOME ROADS SUITABLE AND NECESSARY FOR THE TRAVELING PUBLIC AND ENSURING LEGAL ACCESS TO ABUTTING PROPERTIES; EMERGENCY PASSAGE REQUESTED; PROVIDING AN EFFECTIVE DATE. 

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Brown, Johnson, Redman, Shad, ( 4 )

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2ND READINGS

 

 

9.    2009-454   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 127852-0000) LOCATED ON DE KALB AVENUE AT ITS INTERSECTION WITH ENGLEWOOD AVENUE, IN COUNCIL DISTRICT 4, TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.422(C)(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE MARKETING AND DISPOSITION OF THE SUBJECT PARCEL BY AUCTION, DIRECT SALE OR LISTING WITH A LICENSED REAL ESTATE BROKER; PROVIDING AN EFFECTIVE DATE.

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10.    2009-457   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A PERPETUAL EASEMENT GRANTING A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL MAST ARM ASSEMBLY ON SOUTEL DRIVE AT THE ENTRANCE TO BOB HAYES PARK IN COUNCIL DISTRICT 10; PROVIDING AN EFFECTIVE DATE.

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11.    2009-458   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A TEMPORARY EASEMENT GRANTING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PERIOD OF 48 MONTHS, A TEMPORARY EASEMENT OVER PARCEL 700.1 IN COUNCIL DISTRICT 7 TO ALLOW FOR THE REMOVAL OF THE IMPERVIOUS SURFACE OF AN EXISTING ACCESS ROAD, STORM WATER DRAINAGE IMPROVEMENTS, AND THE TYING IN AND HARMONIZING OF DRIVEWAYS AND WALKWAYS WITH THE CONSTRUCTION TO BE UNDERTAKEN BY FDOT, AS PART OF THE 44TH STREET EXTENSION PROJECT; PROVIDING AN EFFECTIVE DATE.

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12.    2009-464   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND INSTALLATION OF A ROADWAY  MARKER ON RAINES VIKING WAY IN COUNCIL DISTRICT 10; HONORING AND RECOGNIZING THE ACHIEVEMENTS OF COACH JAMES DAY; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; APPROPRIATING $200.00 FROM THE SPECIAL COUNCIL CONTINGENCY ACCOUNT TO FUND THE INSTALLATION OF THE MARKER; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS WHO HONORARY STREET DESIGNATION MAY BE NAMED AFTER; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE.

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13.    2009-476   AN ORDINANCE APPROPRIATING $15,202 FROM TREE PROTECTION AND RELATED EXPENSES TRUST FUND  FOR LANDSCAPING OF THE BAYMEADOWS ROAD GATEWAY CONCEPT; PROVIDING FOR THE DEPARTMENT OF PUBLIC WORKS TO OVERSEE THE PROJECT; RECOGNIZING THE AUTHORIZED USE UNDER THE PROCUREMENT CODE OF THE CONTINUING CONTRACT WITH R-A-M PROFESSIONAL GROUP INC.; PROVIDING AN EFFECTIVE DATE

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