TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

June 02,2010

 

RONNIE FUSSELL, 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 10:02 A.M. by Committee Chair Ronnie Fussell. The meeting adjourned at 10:42 A.M.

 

 

Members in Attendance: Staff Attendance:

CM Ronnie Fussell, Chair Juliette Williams, Legislative Aide

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

CM Bill Bishop Steve Rohan, General Counsel

CM Kevin Hyde John Jackson, Chief of Research

CM Johnny Gaffney Sherry Hall, Administration

CM Warren Jones Arrived 10:25 Stephen Smith, Planning & Dev.

CM Glorious Johnson Laurie Kattreh, Planning & Dev.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

 


 

1. 2010-320 AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND INSTALLATION OF A ROADWAY MARKER ON MONCRIEF ROAD WEST AND RAINES AVENUE IN COUNCIL DISTRICT 10; HONORING AND RECOGNIZING THE ACHIEVEMENTS OF JIMMIE JOHNSON; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS AFTER WHOM HONORARY STREET DESIGNATION MAY BE NAMED; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 5/4/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: May 17, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 02, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Johnson, ( 6 )

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2. 2010-333 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND NORTH JAX INVESTMENT GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "LTI INDUSTRIAL PARK - HIGH CUBE WAREHOUSE" (CCAS/CRC NO. 73389), CONSISTING OF 4,800,000 SQUARE FEET OF HIGH-CUBE WAREHOUSE USES ON APPROXIMATELY 317.54 ACRES OF PROPERTY LOCATED ON NEWCOMB ROAD BETWEEN INTERSTATE 295 AND LEM TURNER ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 8), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $1,844,981 IN FAIR SHARE FUND SECTOR 6.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 02, 2010

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Johnson, ( 6 )

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3. 2010-361 A RESOLUTION REGARDING THE NORTH FLORIDA TRANSPORTATION PLANNING ORGANIZATION (TPO); RECOMMENDING THE EXPANSION OF THE BOUNDARIES OF THE TPO TO INCLUDE ALL OF DUVAL, CLAY NASSAU AND ST. JOHNS COUNTY; PROVIDING AN EFFECTIVE DATE; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 02, 2010

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Johnson, ( 6 )

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4. 2010-364 A RESOLUTION REGARDING THE ROGERO TOWN CENTER PROJECT ADDRESSED IN ORDINANCE 2007-668-E; EXPRESSING THE COUNCIL'S SUPPORT FOR ELIMINATING CONSIDERATION FOR FUNDING OF THE DESIGN AND CONSTRUCTION OF THE ROGERO/ARLINGTON ROAD ROUNDABOUT, AS PART OF THE ROGERO TOWN CENTER PLAN; PROVIDING NOTICE TO AFFECTED CITY DEPARTMENTS; PROVIDING AN EFFECTIVE DATE; 5/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 02, 2010

 

Recommend to SUBSTITUTE and APPROVE. The motion FAILED.

AYES - Fussell, Graham, ( 2 )

 

NAYS - Bishop, Gaffney, Hyde, Johnson, Jones, ( 5 )

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2ND READINGS

 

 

5. 2010-403 AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AREY STREET, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY, ESTABLISHED IN PLAT BOOK 1, PAGE 99, OF THE FORMER PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BETWEEN TROYAN STREET AND A. PHILIP RANDOLPH BOULEVARD, IN COUNCIL DISTRICT 7, AT THE REQUEST OF THE JACKSONVILLE CHILDREN'S COMMISSION ("APPLICANT"), SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES, TO ALLOW FOR APPLICANT'S USE OF THE CLOSED RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE

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6. 2010-423 AN ORDINANCE APPROVING THE SETTLEMENT OF A DISPUTE BETWEEN CITY OF JACKSONVILLE AND AECOM TECHNICAL SERVICES, INC., F/K/A EARTH TECH, INC. D/B/A EARTH TECH CONSULTING, INC. WITH RESPECT TO AN IMPROVEMENT TO OLD MIDDLEBURG ROAD; APPROVING THE EXPENDITURE OF PREVIOUSLY APPROPRIATED FUNDS FOR THE SETTLEMENT; AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE; PROVIDING AN EFFECTIVE DATE

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7. 2010-425 AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF DAMAGES, RECOVERABLE COSTS, AND STATUTORY ATTORNEY'S FEES IN A GROSS AMOUNT OF $141,158.50, WITH A NET PAYOUT OVER THE DEPOSIT OF $138,708.50, ALL RESULTING FROM THE CONDEMNATION OF PARCEL 805, OWNED BY EDWARD AND ELMA HAND, IN RELATION TO THE BROWARD ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. PHOENIX PRODUCTS REAL ESTATE HOLDINGS, ET AL., CASE NO. 2008-CA-002604; PROVIDING AN EFFECTIVE DATE

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8. 2010-426 AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF DAMAGES, RECOVERABLE COSTS, AND STATUTORY ATTORNEY'S FEES IN A GROSS AMOUNT OF $179,675.73, BUT WITH A NET PAYOUT OVER THE INITIAL DEPOSIT OF $136,280.73, ALL RESULTING FROM THE CONDEMNATION OF PARCELS 704, 704A, 704B IN RELATION TO THE ST. AUGUSTINE ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. SCOTT PERRY, ET AL., CASE NO. 2006-CA-003443, REGARDING THE PROPERTY OWNED BY FIRST CONSERVATIVE BAPTIST CHURCH; PROVIDING AN EFFECTIVE DATE

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9. 2010-427 AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S DAMAGES IN A TOTAL AMOUNT OF $94,500.00, PLUS RECOVERABLE COSTS IN THE AMOUNT OF $13,856.00 AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $16,368.00, FOR A TOTAL MONETARY SETTLEMENT OF $124,724.00, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $79,824.00, ALL RESULTING FROM THE CONDEMNATION OF PARCEL 101, IN RELATION TO THE TOUCHTON ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. JAMES ROTTI, ET AL., CASE NO. 2008-CA-12272; PROVIDING AN EFFECTIVE DATE

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10. 2010-428 AN ORDINANCE APPROVING AN EMINENT DOMAIN SETTLEMENT OF DAMAGES, RECOVERABLE COSTS, AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $205,806.25, LESS FUNDS ON DEPOSIT, FOR A NET PAYMENT OF $176,206.25, RESULTING FROM THE CONDEMNATION OF PARCELS 101/701 IN RELATION TO THE RAMPART ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. MINI ISABEL ORTIZ, ET AL., CASE NO. 2007-CA-001922; PROVIDING AN EFFECTIVE DAT

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11. 2010-429 AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A RELEASE OF COVENANTS RELEASING CERTAIN COVENANTS CONTAINED IN THE INSTRUMENTS RECORDED IN OFFICIAL RECORDS VOLUME 6578, PAGES 1927-1928; OFFICIAL RECORDS VOLUME 6776, PAGES 1627-1628; OFFICIAL RECORDS VOLUME 10597, PAGES 2465-2466; AND OFFICIAL RECORDS VOLUME 6318, PAGES 2022-2027 ALL OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE

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12. 2010-436 AN ORDINANCE AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY OF THE CITY OF JACKSONVILLE, A FLORIDA MUNICIPAL CORPORATION (THE "CITY") TO ACCEPT ALL EXISTING FEE OR EASEMENT INTERESTS IN CERTAIN REAL PROPERTY (THE "PROPERTY") AS DESCRIBED HEREIN HELD BY THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (THE "DEPARTMENT") AND TO EXECUTE ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF THE PROPERTY AND THE ASSUMPTION OF ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE PROPERTY; THE PROPERTY INCLUDES THE DEPARTMENT'S EASEMENT INTEREST IN THAT CERTAIN REAL PROPERTY ADJACENT TO RIVERSIDE AVENUE (THE "DEPARTMENT EASEMENT"), THE EXISTING FEE AND EASEMENT INTEREST IN THAT CERTAIN REAL PROPERTY INCLUDING FOREST STREET, RIVERSIDE AVENUE, TWO STORMWATER RETENTION PONDS, AND THE CUL-DE-SACS ADJACENT TO FOREST STREET (THE "FOREST RIVERSIDE PROPERTY") AND THE SERVICE ROADS, ACCESS ROADS AND OTHER PARCELS OF REAL PROPERTY ARISING FROM THE STATE ROAD 9A CONSTRUCTION FROM INTERSTATE 95 ON THE NORTH TO INTERSTATE 95 ON THE SOUTH (THE "DEPARTMENT PROPERTY"); THE PROPERTY IS TO BE CONVEYED BY THE DEPARTMENT TO THE CITY AND THE PROPERTY IS ACCEPTED BY THE CITY AND WITHOUT LIMITATION THE CITY ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR THE PROPERTY AND THE CITY ASSUMES ALL OPERATION, MAINTENANCE AND REPAIR RESPONSIBILITY FOR THE PROPERTY; PROVIDING AN EFFECTIVE DATE

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