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TRANSPORTATION, ENERGY & UTILITIES COMMITTEE
MINUTES OF THE REGULAR MEETING
May 19,2009
BILL BISHOP, CHAIR
CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR
MINUTES
OF THE REGULAR MEETING of the Council of the City of
Members in Attendance: Staff Attendance:
CM Bill Bishop, Chair Sharonda Pender, Legislative Aide
CM Art Shad, Vice Chair - Excused Phillip Peterson, Asst. Auditor
CM Reggie Brown
Steve Rohan, General Counsel
CM Johnny Gaffney John Jackson, Research
CM Glorious Johnson
Lisa Rinaman, Administration
CM Richard Clark Stephen Smith, Planning Dept.
CM Don Redman
Laurie Kattreh, Planning Dept.
Others in Attendance:
Vince Siebold (2009-359 and 360)
Leslie Davidson (2009-342)
1.
2009-342 AN ORDINANCE
APPROPRIATING $750,000 BY REALLOCATING FUNDS FROM THE DEAN ROAD PROJECT TO
PROVIDE ADDITIONAL FUNDING FOR CONSTRUCTION CHANGE ORDER WORK FOR THE HODGES
BOULEVARD PROJECT, AS INITIATED BY B.T. 09-103; PROVIDING A CARRYOVER OF FUNDS
TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT
ENTITLED "HODGES BLVD. - ATLANTIC BLVD. - BEACH BLVD." AND TO REDUCE
THE BUDGET FOR THE PROJECT ENTITLED "
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to AMEND and APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to AMEND and APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
2.
2009-353 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE AND DELIVER TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), A
MORTGAGE SUBORDINATION AGREEMENT AND A PARTIAL RELEASE OF MORTGAGE(S) SO AS TO
ALLOW FDOT TO ACQUIRE A FEE INTEREST AND AN EASEMENT IN PARCELS ALONG SOUTEL
DRIVE BETWEEN SIBBALD ROAD AND ARCHERY AVENUE, IN COUNCIL DISTRICT 10, OWNED BY
HOLZENDORF PROPERTIES, LLP AND PORTIONS OF WHICH ARE ENCUMBERED BY A SECOND
MORTGAGE AND SECURITY AGREEMENT, A COLLATERAL ASSIGNMENT OF RENTS AND LEASES,
AND A STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT, ALL HELD BY
THE CITY OF JACKSONVILLE, FOR THE CONSTRUCTION OF A TRANSIT SHELTER AND ROADWAY
IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE.; 5/5/2009 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
3.
2009-354 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A
CONSERVATION EASEMENT GRANTING A CONSERVATION EASEMENT OVER 5.506 ACRES OF THE
17.53 ACRE POND SITE OF THE RAMPART ROAD IMPROVEMENTS PROJECT, A BETTER
JACKSONVILLE PLAN II PROJECT (THE "PROPERTY"), IN COUNCIL DISTRICT
14, TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") AS A
CONDITION OF PERMIT #4-031-17232-15 FOR THE ARGYLE FOREST BLVD. WIDENING
PROJECT ("PROJECT"), ISSUED TO THE CITY BY SJRWMD TO OFFSET ADVERSE
IMPACTS TO NATURAL RESOURCES, FISH AND WILDLIFE, AND WETLAND FUNCTIONS
RESULTING FROM THE PROJECT, COMPLETED BY THE JACKSONVILLE TRANSPORTATION
AUTHORITY, AND TO PREVENT ANY USE OF THE PROPERTY THAT WILL IMPAIR OR INTERFERE
WITH THE ENVIRONMENTAL VALUE OF THE PROPERTY; PROVIDING AN EFFECTIVE DATE.; 5/5/2009 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
4.
2009-356 AN ORDINANCE APPROVING
THE PURCHASE OF TWO PARCELS OF REAL PROPERTY IN COUNCIL DISTRICT 8, PARCEL 110,
CONSISTING OF 0.367 ACRES, FROM BETTY JEAN BROWN FOR $196,250, AND PARCEL 113,
CONSISTING OF 0.242 ACRES, FROM ALLEN B. KEITON AND VANESSA E. KEITON FOR
$200,000, FOR THE CONSTRUCTION OF A RETENTION POND TO ACCOMMODATE STORM WATER
DRAINAGE FOR THE LINCOLN VILLAS STORM WATER IMPROVEMENTS PHASE II PROJECT, BOTH
PURCHASES BEING WHOLE TAKINGS; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE
CORPORATION SECRETARY TO EXECUTE ALL CLOSING DOCUMENTS AND OTHERWISE TAKE ALL
NECESSARY ACTION TO EFFECTUATE THE PURCHASES OF THE REAL PROPERTY; PROVIDING AN
EFFECTIVE DATE.; 5/5/2009
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
5.
2009-359 AN ORDINANCE REPEALING
CHAPTER 204, ORDINANCE CODE, IN ITS ENTIRETY; AMENDING CHAPTER 360 (ENVIRONMENTAL
REGULATION), ORDINANCE CODE, TO AMEND 360.106 DEFINITION OF PERSON, TO AMEND
360.407 TO AUTHORIZE THE RECOVERY OF ATTORNEYS FEES AND COSTS IN A JUDICIAL
ACTION, TO AMEND SECTION 360.111 TO AUTHORIZE ENFORCEMENT BEFORE A VARIANCE
REQUEST IS FINALIZED AND TO AMEND SECTION 360.701 TICKETING AUTHORITY; AMENDING
CHAPTER 368 (NOISE CONTROL), ORDINANCE CODE, TO AMEND SECTION 368.104,
DEFINITIONS, TO AMEND SECTION 368.105, EXCEPTIONS, TO AMEND SECTION 368.107,
ADOPTION OF STANDARDS; TO AMEND CHAPTER 368 PART 2, TO CLARIFY NOISE
DISTURBANCES AND MAXIMUM PERMISSIBLE NOISE LIMITS; TO STRIKE CHAPTER 368 PART
3, ENFORCEMENT AND AMEND AND RENUMBER CHAPTER 368 PART 4, VIOLATIONS AND CIVIL
PENALTIES TO NOW BE CHAPTER 368 PART 3 ENFORCEMENT, TO AMEND AND RENUMBER SECTION
368.401, VIOLATIONS AND CRIMINAL PENALTIES, TO AMEND AND RENUMBER 368.402,
VIOLATIONS AND CIVIL PENALTIES, TO RENUMBER SECTION 360.403, TO CREATE NEW
SECTION 368.304, VARIANCES, TO CREATE NEW SECTION 368.305, APPEALS; AMENDING
CHAPTER 123 (PUBLIC FEES), ORDINANCE CODE TO UPDATE THE NAME OF THE
ENVIRONMENTAL RESOURCE MANAGEMENT DEPARTMENT AND TO AUTHORIZE FEES FOR
VARIANCES APPLICATIONS PURSUANT TO CHAPTERS 360 AND 368, ORDINANCE CODE;
PLACING STRICKEN LANGUAGE ON FILE; DIRECTING TRANSMITTAL TO THE MUNICPAL CODE
CORPORATION FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.; 5/5/2009 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
6.
2009-360 AN ORDINANCE AMENDING
CHAPTER 366 (GROUNDWATER RESOURCE MANAGEMENT), ORDINANCE CODE, AND CHAPTER 752
(JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM), ORDINANCE CODE, TO CORRECT AND
CLARIFY JURISDICTIONAL APPLICABILITY; MAKING SUCH CORRECTIONS RETROACTIVE AND
FINDING THAT SUCH CORRECTIONS DO NOT ADVERSELY AFFECT ANY PROCEDURAL OR
SUBSTANTIVE DUE PROCESS RIGHTS OF ANY AFFECTED PARTY; TO CODIFY TICKETING
AUTHORITY PURSUANT TO 2008-28-E, AND 2008-346-E; TO AMEND WATERING SCHEDULE TO
INCREASE AMOUNT OF WATER THAT MAY BE APPLIED TO ZONE DURING DAYLIGHT SAVINGS
TIME AND TO AMEND WATERING SCHEDULE TO ONE DAY PER WEEK DURING EASTERN STANDARD
TIME TO REFLECT RECENT WATER MANAGEMENT DISTRICT RULE CHANGES; TO AMEND
EXCEPTION TO WATERING SCHEDULE TO PROVIDE THAT IRRIGATION SYSTEMS MAY BE
OPERATED FOR 20 MINUTES FOR MAINTENANCE AND REPAIR PURPOSES; AND PROVIDING AN
EFFECTIVE DATE.; 5/5/2009
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 18, 2009
Recommend to AMEND and APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: May 19, 2009
Recommend to AMEND and APPROVE.
AYES - Bishop, Brown, Clark,
Gaffney, Johnson, Redman, ( 6 )
_____________________
2ND
7.
2009-386 AN ORDINANCE CLOSING
AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF SUPERIOR STREET, AN UNOPENED
AND UNIMPROVED RIGHT-OF-WAY SOUTH OF THE INTERSECTION OF SUPERIOR STREET AND
BEAVER STREET, IN COUNCIL DISTRICT 9, ESTABLISHED AND RECORDED IN PLAT BOOK 5,
PAGE 27 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST
OF LESLIE WASHINGTON TO CONSOLIDATE THE PROPERTY; PROVIDING AN EFFECTIVE DATE.
_____________________
8.
2009-387 AN ORDINANCE CONFIRMING
AND RATIFYING THE CLOSURE, ABANDONMENT AND/OR DISCLAIMER OF PORTIONS OF MCKENNA
DRIVE (A 100-FOOT RIGHT-OF-WAY LYING IN SECTION 25, TOWNSHIP 1 SOUTH, RANGE 28
EAST, DUVAL COUNTY, FLORIDA), BEING THE SAME PORTIONS THEREOF PREVIOUSLY
CLOSED, ABANDONED AND/OR DISCLAIMED BY CITY ORDINANCES 78-269-104, 83-807-424
AND 89-1137-560, AT THE REQUEST OF FGI PROPERTY HOLDING COMPANY, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF CLEARING THE TITLE TO
THE PORTIONS THEREOF CLOSED AND ABANDONED BY SAID ORDINANCES, WHICH, AT THE
TIMES OF THE PRIOR CLOSURES AND ABANDONMENT, WERE RIGHTS-OF-WAY OWNED BY THE
STATE OF FLORIDA AND NOT THE CITY; RESERVING A 50-FOOT EASEMENT FOR UTILITIES; PROVIDING
AN EFFECTIVE DATE.
_____________________
9.
2009-388 A RESOLUTION CONSENTING
TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION'S CONSTRUCTION OF A NEW
INTERCHANGE AT THE MARIETTA AND INTERSTATE 10 (I-10) EXIT; PROVIDING AN
EFFECTIVE DATE.
_____________________
10.
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.
_____________________