RECREATION & COMMUNITY DEVELOPMENT COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

June 02,2010

 

JOHNNY GAFFNEY, 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 02,2010. The meeting was called to order at 2:04 P.M. by Committee Chair Johnny Gaffney. The meeting adjourned at 3:56 P.M.

 

 

Members in Attendance: Staff Attendance:

 

CM Johnny Gaffney, Chair Marilyn Allen, Legislative Aide

CM Reggie Brown, Vice Chair Arrived 2:10 Janice Billy, Asst. Council Auditor

CM Ronnie Fussell Peggy Sidman, General Counsel

CM Daniel Davis John Jackson, Research Asst.

CM Art Shad Sherry Hall, Administration

CM Glorious Johnson

CM Art Graham

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Ron Barton, Exec Dir., JEDC (10-352)

John Germany, GC (10-352)

Brenna Durden (10-352)

 

 

 

 

 

 

1. 2010-182 AN ORDINANCE APPROPRIATING $100,000 FROM THE RECREATION AND COMMUNITY SERVICES CAPITAL PROJECTS ACCOUNT TO PROVIDE FUNDING TO SECOND CHANCE HELP CENTER, INC. ("SECOND CHANCE") FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS TO THE JOE JAMES COMMUNITY CENTER (THE "CENTER") AT 1631 HURST PLACE, AS INITIATED BY B.T. 10-091; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A LICENSE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND SECOND CHANCE UNDER WHICH SECOND CHANCE WILL ASSUME MANAGEMENT AND OPERATION OF THE CENTER FOR THE PURPOSES OF PROVIDING EDUCATIONAL PROGRAMMING AND RECREATIONAL ACTIVITIES TO THE NEIGHBORHOOD COMMUNITY AND MAINTAINING ACCESS TO THE CENTER BY THE GENERAL PUBLIC, SAID LICENSE AGREEMENT BEING FOR A TERM OF 10 YEARS WITH THREE (3) THREE (3) YEAR RENEWAL OPTIONS, AT $1.00 PER YEAR; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A FUNDING ASSISTANCE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND SECOND CHANCE; AMENDING THE 2009-2014 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E TO PROVIDE FUNDING FOR CAPITAL IMPROVEMENTS TO THE PROJECT ENTITLED "JOE JAMES COMMUNITY CENTER"; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF RECREATION AND COMMUNITY SERVICES; PROVIDING AN EFFECTIVE DATE; 3/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 01, 2010

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 02, 2010

 

Recommend to AMEND and APPROVE.

 

AYES - Davis, Fussell, Gaffney, Graham, Johnson, Shad, ( 6 )

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2. 2010-330 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR TO EXECUTE (I) THE SEVENTH AMENDMENT TO DISPOSITION, DEVELOPMENT AND LEASE AGREEMENT ("SEVENTH AMENDMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY"), JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC") AND JACKSONVILLE LANDING INVESTMENTS, LLC ("JLI") AND (II) A RESTRICTIVE COVENANT INCLUDING THE TERMS OF THE RESTRICTED DEVELOPMENT OF THE HOGAN LOT AND EAST PARCEL LOT UNTIL THE CLAW-BACK PAYMENT IS PAID TO THE CITY OR THE SUBSTITUTE PARKING REQUIREMENT HAS BEEN MET; ALL TO AMEND THE CITY'S LEASE WITH JLI FOR THE LAND UNDERLYING THE JACKSONVILLE LANDING BUILDINGS AND TO PROVIDE FOR A GRANT OF $3,500,000 TO JLI ("JLI GRANT") TO ENABLE JLI TO PURCHASE A 300 SPACE SURFACE PARKING LOT LOCATED AT THE SOUTHWEST CORNER OF HOGAN AND BAY STREETS ("HOGAN LOT"); AUTHORIZE A CURB CUT ON HOGAN STREET TO FACILITATE ACCESS TO THE HOGAN LOT FOR PARKING FOR JACKSONVILLE LANDING PARTRONS WITH A REQUIREMENT FOR JLI TO EITHER REPAY THE GRANT OR OBTAIN ALTERNATIVE PARKING ON NEARBY DOWNTOWN PROPERTY WITH AT LEAST AS MANY PUBLIC PARKING SPACES AVAILABLE FOR PARKING BY LANDING PARTRONS AS THE PUBLIC PARKING SPACES LOST IF AT ANY TIME ANY OF THE FOREGOING PARKING SPACES IN THE HOGAN LOT OR THE LANDING EAST PARCEL PARKING LOT ("EAST PARCEL LOT") ARE NOT AVAILABLE FOR PARKING BY LANDING PATRONS; REQUIRING JLI TO AGREE TO RESTRICT THE HOGAN LOT AND THE EAST PARCEL LOT TO PREVENT VERTICAL DEVELOPMENT UNLESS JLI PROVIDES ALTERNATIVE PARKING WITHIN THE DOWNTOWN AREA TO REPLACE SPACES LOST TO THE DEVELOPMENT OR REPAYS THE JLI GRANT; APPROPRIATING $3,500,000 FROM DOWNTOWN HISTORIC PRESERVATION & REVITALIZATION TO PROVIDE FUNDING FOR THE JLI GRANT; PROVIDING FOR A CARRYOVER INTO FISCAL YEAR 2010-2011; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE; 5/4/2010 - Read 2nd & Rerefer; 5/18/2010 - Amend/Approve 7-0

 

REPORT OF THE COMMITTEE ON FINANCE: June 01, 2010

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 02, 2010

 

Recommend to AMEND and APPROVE.

AYES - Brown, Davis, Fussell, Gaffney, Graham, Johnson, Shad, ( 7 )

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3. 2010-349 AN ORDINANCE MAKING CERTAIN FINDINGS AND AUTHORIZING (1) A SECOND AMENDMENT TO A REDEVELOPMENT AGREEMENT PREVIOUSLY APPROVED BY ORDINANCE 2003-582-E AMONG THE CITY OF JACKSONVILLE (THE "CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION (THE "JEDC") AND FIDELITY NATIONAL FINANCIAL, INC. ("FNF")(THE "SECOND AMENDMENT"); (2) A FIRST AMENDMENT TO A REDEVELOPMENT AGREEMENT PREVIOUSLY APPROVED BY ORDINANCE 2005-857-E AMONG THE CITY, THE JEDC AND FIDELITY NATIONAL INFORMATION SERVICES, INC. ("FNIS") (THE "FIRST AMENDMENT"); AND (3) AN ASSIGNMENT OF AN ECONOMIC DEVELOPMENT AGREEMENT PREVIOUSLY APPROVED BY ORDINANCE 2008-288-E (THE "ASSIGNMENT") AMONG THE CITY, THE JEDC, AND FNIS TO LENDER PROCESSING SERVICES, INC. ("LPS"); ALL FOR THE PURPOSE OF REFLECTING THE CURRENT DISTRIBUTION OF JOBS CREATED UNDER THE AGREEMENTS, INCREASING TRANSPARENCY AND AIDING IN COMPLIANCE MONITORING; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, THE CORPORATION SECRETARY, AND THE EXECUTIVE DIRECTOR OF THE JEDC TO EXECUTE THE SECOND AMENDMENT, THE FIRST AMENDMENT AND THE ASSIGNMENT; AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE JEDC; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; PROVIDING A TIMELINE FOR EXECUTION OF AGREEMENTS BY FNF, FNIS AND LPS; PROVIDING AN EFFECTIVE DATE

; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 01, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 02, 2010

 

Recommend to APPROVE.

 

AYES - Brown, Davis, Fussell, Gaffney, Graham, Johnson, Shad, ( 7 )

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4. 2010-352 AN ORDINANCE APPROVING JACKSONVILLE/CECIL COMMERCE CENTER LLC, A PEROT COMPANY, AS THE MASTER DEVELOPER OF CECIL COMMERCE CENTER PURSUANT TO A MASTER DISPOSITION AND DEVELOPMENT AGREEMENT ("AGREEMENT") GRANTING TO DEVELOPER THE EXCLUSIVE RIGHT, BUT NOT THE OBLIGATION, TO DEVELOP AND THEN SELL OR LEASE THE MAJORITY OF THE CITY'S PROPERTY AT CECIL COMMERCE CENTER CONSISTING OF APPROXIMATELY 4,499 ACRES, WITH AN INITIAL TERM OF TEN YEARS AND A POTENTIAL TERM OF UP TO TWENTY-FIVE YEARS IF DEVELOPER ACHIEVES VARIOUS PERFORMANCE BENCHMARKS; AUTHORIZING AND APPROVING THE AGREEMENT AND RELATED DOCUMENTS, TOGETHER WITH SUCH TECHNICAL CHANGES AS MAY BE REQUIRED BY THE GENERAL COUNSEL, OR HIS DESIGNEE, AND THE EXECUTIVE DIRECTOR OF THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION PROVIDED THAT THE CITY'S COSTS OR LIABILITY ARE NOT INCREASED; CONFIRMING THAT NO FURTHER COUNCIL ACTION IS NECESSARY FOR FUTURE CITY PROPERTY DISPOSITIONS UNDER THE TERMS OF THE AGREEMENT; ACTING IN THE CITY'S CAPACITY AS CONSOLIDATED CITY/COUNTY EXERCISING HOME RULE POWERS; PROVIDING FOR CITY OVERSIGHT BY THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION; PROVIDING AN EFFECTIVE DATE; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 01, 2010

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 02, 2010

 

Recommend to AMEND and APPROVE.

AYES - Brown, Davis, Fussell, Gaffney, Graham, Johnson, Shad, ( 7 )

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5. 2010-356 AN ORDINANCE REGARDING RECOVERY ZONES; AMENDING THE TITLE TO ORDINANCE 2009-711-E, IN ORDER TO CLARIFY THE SCOPE OF THE ORDINANCE; PROVIDING AN EFFECTIVE DATE; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 01, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 02, 2010

 

Recommend to APPROVE.

 

AYES - Brown, Davis, Fussell, Gaffney, Graham, Johnson, Shad, ( 7 )

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2ND READINGS

 

6. 2010-367 AN ORDINANCE APPROPRIATING $492,265 FROM THE NORTHWEST JACKSONVILLE ECONOMIC DEVELOPMENT TRUST FUND (NWJEDF)(A $392,265 NWJEDF LOAN AND A $100,000 NWJEDF GRANT) TO FRESH MINISTRIES/BEAVER STREET ENTERPRISE CENTER FOR THE RENOVATION OF A 7,000 SQUARE FOOT WAREHOUSE FACILITY IN COUNCIL DISTRICT 9, AS INITIATED BY B.T. 10-120; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER THE REDEVELOPMENT AGREEMENT BETWEEN THE CITY AND FRESH MINISTRIES/BEAVER STREET ENTERPRISE CENTER, AND OTHER DOCUMENTS AND TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE

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7. 2010-368 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE DUVAL COUNTY SCHOOL BOARD CONVEYING TO THE CITY A ROADWAY PARCEL WHICH WILL PROVIDE ACCESS TO WILLIAM SHEFFIELD REGIONAL PARK AND ADDITIONAL PARKING FOR NEW BERLIN ELEMENTARY SCHOOL; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF RECREATION AND COMMUNITY SERVICES; PROVIDING AN EFFECTIVE DATE

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8. 2010-404 A RESOLUTION MAKING FINDINGS REGARDING INTERLOCAL AGREEMENTS BETWEEN THE CITY OF JACKSONVILLE AND THE TOWN OF BALDWIN, AND THE CITIES OF JACKSONVILLE BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH, AS APPROVED IN RESOLUTION 81-1072-403, RESOLUTION 96-481-132, RESOLUTION 95-944-256, AND RESOLUTION 97-1143-A; DIRECTING THE COUNCIL AUDITOR, IN COORDINATION WITH THE OFFICE OF GENERAL COUNSEL AND THE COUNCIL RESEARCH DIVISION, AND WITH ANY ASSISTANCE THAT CAN BE MADE AVAILABLE BY THE EXECUTIVE BRANCH, TO RESEARCH, ANALYZE AND MAKE A REPORT AND RECOMMENDATION ON ALL FACTS AND CIRCUMSTANCES RELATING TO THE RELATIVE TAXING OF AND THE PROVISION OF SERVICES TO CITIZENS LIVING IN THE TOWN OF BALDWIN AND THE CITIES OF JACKSONVILLE BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH; DIRECTING THE CHIEF OF LEGISLATIVE SERVICES TO PROVIDE A COPY OF THIS RESOLUTION TO THE MAYORS OF THE TOWN OF BALDWIN AND THE CITIES OF JACKSONVILLE BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH; PROVIDING AN EFFECTIVE DATE

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9. 2010-422 AN ORDINANCE CONCERNING SURPLUS PERSONAL PROPERTY OF THE CITY; DECLARING THAT CERTAIN 1997 E1 PUMPER (VIN 4ENBAAA80T1006038, PROPERTY NO. 4973-20) VALUED AT $4,550, AND THAT CERTAIN 2003 RESCUE (VIN 1FVABPCS93HK51663, PROPERTY NO. 8651-10) VALUED AT $4,000, TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TRANSFER TITLE OF SAID PROPERTY TO DUVAL COUNTY SCHOOL BOARD FOR USE AT A. PHILIP RANDOLPH ACADEMIES OF TECHNOLOGY AT NO COST; WAIVING SECTION 122.812(C), ORDINANCE CODE, TO ALLOW DISPOSITION OF SAID PROPERTY FOR OTHER THAN FAIR MARKET VALUE; DESIGNATING THE FLEET MANAGEMENT DIVISION OF THE CENTRAL OPERATIONS DEPARTMENT MONITOR OF ACTUAL USE OF SAID PROPERTY; PROVIDING FOR A REVERTER; PROVIDING AN EFFECTIVE DATE

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10. 2010-424 AN ORDINANCE TRANSFERRING $130,806 TO APPROPRIATE SUBOBJECTS TO COVER YEAR-TO-DATE AND ANTICIPATED EXPENDITURES FOR THE BALANCE OF FISCAL YEAR 2009-2010 FOR THE JACKSONVILLE JOURNEY SCHOOL RECREATION LEAGUES, AS INITIATED BY B.T. 10-123; PROVIDING AN EFFECTIVE DAT

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11. 2010-430 AN ORDINANCE CONCERNING THE "JACKSONVILLE SHIPYARDS PROPERTY", AS DEFINED BY PREVIOUS LEGISLATION OF THE CITY INCLUDING ORDINANCES 2001-450-E, 2005-101-E, AND 2005-390-E; APPROVING AND AUTHORIZING AN ASSIGNMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, LANDMAR GROUP, LLC AND NORTH BANK DEVELOPERS, LLC ("AGREEMENT") FOR THE ASSIGNMENT OF CERTAIN CONTRACTS TO THE CITY IN CONNECTION WITH THE CITY OBTAINING TITLE TO THE SHIPYARDS PROPERTY IN A FORECLOSURE OR VIA A DEED-IN-LIEU OF FORECLOSURE; AUTHORIZING THE EXECUTION OF SAID AGREEMENT AND RELATED AGREEMENTS BY THE MAYOR OR HIS DESIGNEE AND THE CORPORATION SECRETARY; PROVIDING FOR CITY OVERSIGHT BY THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION; PROVIDING AN EFFECTIVE DATE

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12. 2010-431 AN ORDINANCE APPROVING THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS (BROOKS HEALTH SYSTEM PROJECT) BY THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $65,000,000 TO PROVIDE ALL OR A PART OF THE FUNDS TO FINANCE OR REFINANCE THE COSTS OF A CAPITAL PROJECT TO BE OWNED AND/OR OPERATED BY GENESIS HEALTH, INC., DOING BUSINESS AS BROOKS HEALTH SYSTEM, AND/OR ITS AFFILIATES; APPROVING THE FORM OF AND THE EXECUTION BY THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF ST. AUGUSTINE, FLORIDA; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; PROVIDING AN EFFECTIVE DATE

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13. 2010-435 AN ORDINANCE WAIVING THE PROVISIONS OF PART 3 (PROFESSIONAL SERVICES CONTRACTS), CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE, TO ALLOW THE CITY OF JACKSONVILLE, THROUGH THE TOURIST DEVELOPMENT COUNCIL, TO EXTEND ITS CURRENT CONTRACT AGREEMENT WITH VISIT JACKSONVILLE FOR A PERIOD OF TWENTY-FOUR MONTHS AFTER THE EXPIRATION DATE OF SUCH CONTRACT AGREEMENT ON SEPTEMBER 30, 2010; PROVIDING AN EFFECTIVE DATE

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