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TRANSPORTATION, ENERGY & UTILITIES COMMITTEE
MINUTES OF THE REGULAR MEETING
February 17,2010
RONNIE FUSSELL, 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 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 – Excused 10:25 Lisa Rinaman, Administration
CM Warren Jones – Arrived 10:04
Stephen Smith, Planning & Dev.
CM Glorious Johnson- Excused Laurie
Kattreh, Planning & Dev.
Others in Attendance:
1.
2009-926 AN ORDINANCE REGARDING
CHARGES FOR WRECKER SERVICES PERFORMED BY WRECKER FIRMS AT THE REQUEST OF THE
SHERIFF; AMENDING CHAPTER 804 (
REPORT OF THE COMMITTEE ON
RULES: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to WITHDRAW.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to WITHDRAW.
AYES - Bishop, Fussell,
Graham, Hyde, ( 4 )
_____________________
2.
2010-39 AN ORDINANCE APPROVING A
FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE
AND HARMONY FARMS OF JACKSONVILLE, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
FOR A PROJECT TO BE KNOWN AS "HARMONY FARMS" ("CONTRACT")
(CCAS/CRC NO. 50205), CONSISTING OF 285,000 SQUARE FEET OF SHOPPING CENTER USES
ON APPROXIMATELY 40.088 ACRES OF
PROPERTY LOCATED SOUTH OF COLLINS ROAD, BETWEEN I-295 AND RAMPART ROAD, AS
DESCRIBED THEREIN (COUNCIL DISTRICT 14), WITH A TERM OF TEN (10) YEARS AND A
FAIR SHARE ASSESSMENT AMOUNT OF $3,021,719.00 IN FAIR SHARE FUND SECTOR 4.1,
PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND
CHAPTER 655, ORDINANCE CODE; APPROPRIATING $375,000 FROM COLLINS ROAD
IMPROVEMENTS (RAMPART TO BLANDING) FOR FUNDING FOR THE EXTENSION OF PARRAMORE
ROAD AS SET FORTH IN THE CONTRACT; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM APPROVED BY ORDINANCE 2009-513-E TO REALLOCATE FUNDS FOR THE PROJECT
ENTITLED "PARRAMORE ROAD EXTENSION"; PROVIDING FOR CITY OVERSIGHT BY
THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 1/20/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and
REREFER to the Committee(s) of reference.
AYES - Bishop, Fussell,
Graham, Hyde, ( 4 )
_____________________
3.
2010-40 AN ORDINANCE APPROVING A
FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE
AND OLSEN FARMS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE
KNOWN AS "OLSEN FARMS" (CCAS/CRC NO. 50206), CONSISTING OF 150,000
SQUARE FEET OF SHOPPING CENTER USES ON APPROXIMATELY 13.11 ACRES OF PROPERTY LOCATED NORTH OF COLLINS
ROAD BETWEEN I-295 AND RAMPART ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT
12), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF
$1,318,756.00 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO SECTIONS 163.3180(11)
& 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE;
PROVIDING AN EFFECTIVE DATE; 1/20/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and
REREFER to the Committee(s) of reference.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
4.
2010-66 AN ORDINANCE AMENDING
CHAPTER 73 (ENVIRONMENTAL PROTECTION BOARD), SECTION 73.101 (CREATED; TERMS OF
OFFICE; APPOINTMENT AND REMOVAL), ORDINANCE CODE, TO DELETE TWO DISCREET
CITIZENS APPOINTMENTS TO THE ENVIRONMENTAL PROTECTION BOARD; PROVIDING AN
EFFECTIVE DATE; 2/2/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
5.
2010-67 AN ORDINANCE AMENDING
CHAPTER 342 (CONSTRUCTION TRADES REGULATIONS), SECTION 342.110 (TRADES, CRAFTS,
CONTRACTORS AND SUBCONTRACTORS), ORDINANCE CODE, SO AS TO CREATE A NEW
CONTRACTOR CATEGORY OF LOW VOLTAGE CONTRACTOR; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
6.
2010-68 AN ORDINANCE AMENDING
CHAPTER 360, PART 7, ORDINANCE CODE, TO AMEND SECTION 360.701 (ENVIRONMENTAL
PROTECTION BOARD TICKETING AUTHORITY; MINOR VIOLATIONS; PENALTIES), TO AMEND
AND CLARIFY CITATION REFERENCES FOR CHAPTER 365 AND BOARD RULE 7 VIOLATIONS,
AND TO AMEND SECTION 360.704 TO CLARIFY PENALTY AMOUNT ON CITATION FORM TO BE
$250; AMENDING SECTION 365.100 (PURPOSE AND INTENT), ORDINANCE CODE, TO CLARIFY
CITATIONS; AMENDING SECTION 365.102 (DEFINITIONS), ORDINANCE CODE TO AMEND AND
CLARIFY DEFINITIONS AND DELETING TABLES OF REGULATED SUBSTANCES TO BE
ESTABLISHED IN BOARD RULE 7; AMENDING SECTION 365.103 (GENERAL AUTHORITY OF THE
ENVIRONMENTAL PROTECTION BOARD), ORDINANCE CODE, TO INCLUDE ADOPTION OF CHAPTER
360; AMENDING SECTION 365.104 (GENERAL AUTHORITY OF THE DEPARTMENT), ORDINANCE
CODE TO CLARIFY CITATIONS; MOVING
ADOPTION OF CHAPTER 360 PROVISIONS TO NEW SECTION 365.105, ORDINANCE CODE, AND
RENUMBERING SECTIONS FOR VARIANCES AND APPEALS; DELETING AND MOVING SECTIONS
365.107 THROUGH 365.110 (DEALING WITH VIOLATIONS, PENALTIES AND ENFORCEMENT),
ORDINANCE CODE, TO ENFORCEMENT PART 4; RENUMBERING SECTION 365.111 (WATER
SUPPLY WELLS), ORDINANCE CODE, AND AMENDING TO ADOPT NEW REQUIREMENTS OF BOARD
RULE 8; RENUMBERING AND AMENDING SECTION 365.112 (JEMP), ORDINANCE CODE, TO REQUIRE
A COPY OF THE JEMP BE MAINTAINED ON SITE; AMENDING CHAPTER 365, PART 2 (PCBS),
ORDINANCE CODE, TO CLARIFY CITATIONS; DELETING CHAPTER 365, PART 3 (HAZARDOUS
WASTE CONTROL), ORDINANCE CODE); RENUMBERING AND AMENDING CHAPTER 365, PART 4
(EMERGENCY RESPONSE), ORDINANCE CODE, TO CLARIFY REGULATIONS TO BE ESTALISHED
IN BOARD RULE 7; DELETING CHAPTER 365, PART 5 (HAZARDOUS REGULATED SUBSTANCES
AT TRANSPORTATION FACILITIES), ORDINANCE CODE; DELETING CHAPTER 365, PART 6
(HAZARDOUS WASTE TRANSFER STATIONS), ORDINANCE CODE; CREATING NEW CHAPTER 365,
PART 4 (ENFORCEMENT), ORDINANCE CODE, PROVIDING ENFORCEMENT PROCEDURES,
VIOLATIONS AND CIVIL AND CRIMINAL PENALTIES; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to SUBSTITUTE and
APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to SUBSTITUTE and
APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
7.
2010-69 AN ORDINANCE
APPROPRIATING A $13,513.51 REIMBURSEMENT GRANT FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION, TO BE MATCHED BY A $13,513.51 IN-KIND CONTRIBUTION FROM THE
ENVIRONMENTAL AND COMPLIANCE DEPARTMENT CLEAN IT UP, GREEN IT UP STAFF
SALARIES, TO PROVIDE FUNDING TO KEEP AMERICA BEAUTIFUL AFFILIATES FOR THE
DEVELOPMENT AND IMPLEMENTATION OF LITTER PREVENTION AND EDUCATION PROGRAMS FOR
THE GRANT PERIOD OCTOBER 1, 2009 TO SEPTEMBER 30, 2010, AS INITIATED BY B.T.
10-052; PROVIDING AN EFFECTIVE DATE; 2/2/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
8.
2010-92 AN ORDINANCE
APPROPRIATING $50,000 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND
TO COVER TEN PERCENT (10%) OF THE AMOUNT BUDGETED FOR TREE MAINTENANCE
ACTIVITIES BY THE RIGHT OF WAY AND GROUNDS MAINTENANCE DIVISION OF THE
DEPARTMENT OF PUBLIC WORKS PURSUANT TO SECTION 111.760, ORDINANCE CODE, AS
INITIATED BY B.T. 10-065; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
9.
2010-93 AN ORDINANCE CONCERNING
A CONTINUATION GRANT; APPROPRIATING $250,000 FROM THE HOUSING SERVICES LIMITED
REPAIR PROGRAM TO THE UTILITY TAP-IN PROGRAM IN ACCORDANCE WITH THE FEDERAL
ACTION PLAN SUBMITTED FOR 2009-2010, AS INITIATED BY B.T. 10-066; PROVIDING A CARRYOVER
OF FUNDS TO FISCAL YEAR 2010-2011; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND
CORPORATION SECRETARY TO EXECUTE AND DELIVER DOCUMENTS AND TAKE FURTHER ACTION
TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Graham, Hyde, Jones, ( 5 )
_____________________
10.
2010-97 AN ORDINANCE DECLARING
THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 068776-0100) LOCATED ON WILLS
BRANCH NEAR HYDE PARK CIRCLE, IN COUNCIL DISTRICT 9, 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 SALE OF THE
PROPERTY TO NIKKI JACOBSEN LEMEN AND IRENE JACOBSON HOWARD FOR THE APPRAISED
VALUE OF $3,800, SUBJECT TO THE RESERVATION OF A CHANNEL IMPROVEMENT EASEMENT;
PROVIDING AN EFFECTIVE DATE; 2/2/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
11.
2010-98 AN ORDINANCE REPEALING
ORDINANCE 2009-454-E PERTAINING TO THE SURPLUS OF CERTAIN REAL PROPERTY;
DECLARING LOT 18, A PORTION OF CERTAIN 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 SECTION 122.422
(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL
ACTION), ORDINANCE CODE, TO AUTHORIZE THE SALE OF LOT 18 TO FIRST COAST MISSIONARY
BAPTIST CHURCH, INC.; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
12.
2010-99 APPROVING, AND
AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE
AND DELIVER, THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE
('CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT")
ALLOWING FDOT TO UNDERTAKE THE MAIN STREET FROM TROUT RIVER BOULEVARD TO TROUT
RIVER PROJECT; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
13.
2010-100 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A
MAINTENANCE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE CITY'S MAINTENANCE OF THE KERNAN BRIDGE
OVERPASS AT BEACH BOULEVARD; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
14.
2010-102 AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER THAT CERTAIN SECOND
AMENDMENT TO THE SECOND LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF
JACKSONVILLE AND SPHINX MANAGEMENT, INC. ("LEASE") FOR LEASE OF THE
SOUTH MULCH SITE LOCATED AT 11771 PHILIPS HIGHWAY SO AS TO INCREASE THE MAXIMUM
INDEBTEDNESS FOR THE LEASE BY $396,000, AND TAKE SUCH ACTION AS NECESSARY TO
EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DAT; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to AMEND and APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
15.
2010-103 AN ORDINANCE
APPROPRIATING $1,000,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), WITH THE CITY'S REQUIRED MATCHING FUNDS BEING MET BY EXISTING
BETTER JACKSONVILLE PLAN FUNDS, TO PROVIDE FOR FDOT'S PARTICIPATION IN THE
RECONSTRUCTION OF HAMMOND BOULEVARD FROM CRYSTAL SPRINGS ROAD TO RAMONA
BOULEVARD, AS INITIATED BY B.T. 10-083; PROVIDING FOR A CARRYOVER OF FUNDS TO
FISCAL YEAR 2010-2011; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION
SECRETARY TO EXECUTE AND DELIVER, A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT
BETWEEN THE CITY AND FDOT; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM APPROVED BY ORDINANCE 2009-513-E TO PROVIDE ADDITIONAL FUNDING FOR THE
PROJECT ENTITLED "CRYSTAL SPRINGS - CHAFFEE - CALHOUN - HAMMOND BLVD -
CRYSTAL SPRINGS TO RAMONA"; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
16.
2010-104 AN ORDINANCE APPROVING
THE SETTLEMENT OF A CLAIM AGAINST LIBERTY MUTUAL INSURANCE COMPANY, IN THE CASE
OF CITY OF JACKSONVILLE V. ARCADIS U.S., INC., ET AL, CASE NO:
16-2008-CA-001744; APPROVING THE FORM OF A FINAL SETTLEMENT AGREEMENT;
AUTHORIZING COUNSEL FOR THE CITY TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT
SUCH SETTLEMENT; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: February 16, 2010
Recommend to AMEND and APPROVE.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010
Recommend to AMEND and APPROVE.
AYES - Bishop, Fussell,
Gaffney, Graham, Hyde, Jones, ( 6 )
_____________________
2ND
17.
2010-125 AN ORDINANCE
APPROPRIATING $96,958 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND
FOR LANDSCAPE IMPROVEMENTS ALONG AVENUE B BETWEEN THE RAILROAD TRACKS AND
MONCRIEF ROAD, MONCRIEF ROAD BETWEEN US1 AND AVENUE B AND 45TH STREET BETWEEN
US1 AND AVENUE B; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR CITY
OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE
_____________________