TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

July 18,2011

 

GREG ANDERSON, 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, July 18,2011. The meeting was called to order at 2:00 P.M. by Committee Chair Greg Anderson.  The meeting adjourned at 2:25 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                   CM Greg Anderson, Chair                                         Juliette Williams, Legislative Aide

                   CM Richard Clark, Vice Chair                                                           Heather Norsworthy, Asst. Auditor

                      CM Kimberly Daniels                                                        Steve Rohan, General Counsel

                      CM Johnny Gaffney                                                     John Jackson, Chief of Research

                      CM Jim Love                                                                                 Jessica Deal, Administration

                      CM Robin Lumb                                                                

                      CM Don Redman                                                                                                                                             

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

 

 

1.    2011-239   AN ORDINANCE CLOSING AND ABANDONING HERITAGE RIVER ROAD LOCATED IN COUNCIL DISTRICT 11 AT THE REQUEST OF RIVERFRONT ASSOCIATES, LLC, UPON THE DEDICATION BY PLAT TO THE CITY OF A TWO LANE ACCESS ROAD LOCATED BETWEEN STATE ROAD NO. 105 - HECKSCHER DRIVE AND SISTERS CREEK JOE CARLUCCI BOAT RAMP AND PARK IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 654, CITY ORDINANCE CODE; PROVIDING FOR THE DURATION OF THE ORDINANCE; WAIVING THE PROVISIONS OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE; PROVIDING FOR AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: May 16, 2011

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: May 16, 2011

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON JAX WATERWAYS: June 15, 2011

 

Recommend to DENY.

 

The Chair declared the File DENIED.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 18, 2011

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Anderson, Clark, Daniels, Gaffney, Love, Lumb, Redman, ( 7 )

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2.    2011-327   AN ORDINANCE APPROVING THE CITY OF JACKSONVILLE'S PURCHASE OF EASEMENT #800, A PERMANENT DRAINAGE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT #700, BOTH LYING BETWEEN LAKESHORE BOULEVARD AND THE ORTEGA RIVER IN COUNCIL DISTRICT 14, IN ACCORDANCE WITH THE TERMS OF THE CITY OF JACKSONVILLE REAL ESTATE DIVISION OPTION TO PURCHASE EXECUTED BY DOWNING NIGHTINGALE, JR. ON BEHALF OF LAMBS YACHT CENTER, INC. (SELLER), FOR THE COMPLETION OF THE HAMILTON/JERSEY DRAINAGE PROJECT; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; 6/6/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 07, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 18, 2011

 

Recommend to APPROVE.

 

AYES - Anderson, Clark, Daniels, Gaffney, Love, Lumb, Redman, ( 7 )

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3.    2011-374   AN ORDINANCE APPROPRIATING $27,230 IN GRANT FUNDING FROM THE MADDIE'S FUND PET RESCUE FOUNDATION FOR THE PURCHASE OF HIGH QUALITY SCANNERS TO CHECK FOR MICROCHIPS ON LOST ANIMALS AND THUS INCREASE THE RETURN OF SUCH ANIMALS TO THEIR OWNERS, AS INITIATED BY B.T. 11-094; PROVIDING AN EFFECTIVE DATE.; 6/20/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 21, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: July 18, 2011

 

Recommend to APPROVE.

 

AYES - Anderson, Clark, Daniels, Gaffney, Love, Lumb, Redman, ( 7 )

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2ND READINGS

 

4.    2011-408   AN ORDINANCE CONCERNING NUISANCE AND EMERGENCY ABATEMENT ALTERNATIVES FOR HISTORIC PROPERTIES; AMENDING CHAPTER 76 (HISTORIC PRESERVATION COMMISSION), SECTION 76.103 (POWERS AND DUTIES) TO CREATE A RULEMAKING PROCESS; AMENDING CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), SECTION 307.102 (DEFINITIONS) TO CREATE A NEW DEFINITION FOR "MOTHBALLING"; AMENDING SECTION 307.106 (APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITIONS AND FOR MOTHBALLING (INCLUDING CRITERIA FOR REVIEWING SUCH APPLICATIONS) AND TO REQUIRE THE LEAST INTRUSIVE METHOD OF ABATING NUISANCE AND EMERGENCY CONDITIONS AS AN ALTERNATIVE TO DEMOLITION; AMENDING SECTION 307.110 (MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO ADD CHAPTER 307 TO CITATION ENFORCEMENT AUTHORITY; AMENDING SECTION 307.113 (CONSTRUCTION WITH OTHER LAWS AND SEVERABILITY) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS BEFORE UNDERTAKING NON-EMERGENCY NUISANCE ABATEMENT OF HISTORIC STRUCTURES; CREATING A NEW SECTION 307.114 (SEVERABILITY) TO INCORPORATE THE EXISTING SUBSECTION (B) OF SECTION 307.113; RENUMBERING THE EXISTING SECTION 307.114; CREATING A NEW 307, PART 3 (ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518) TO AUTHORIZE THE USE OF MOTHBALLING TO PRESERVE HISTORIC BUILDINGS FROM CONTINUED DECAY WHILE ELIMINATING AN OPEN AND UNSAFE BLIGHTING NUISANCE, AND TO AUTHORIZE THE CREATION OF AN ADMINISTRATIVE RULE TO DETAIL APPROPRIATE MOTHBALLING PROCEDURES; AMENDING SECTION 518.205 (BOARDING OF VACANT BUILDINGS OR DWELLINGS) TO AUTHORIZE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; AMENDING  SECTION 518.304 (ABATEMENT BY CITY) TO CORRECT THE REFERENCE TO SUBSECTIONS OF SECTION 518.111; AMENDING 518.403 (COMPLIANCE STANDARDS/ PERMITTING REPAIRS) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE FOR HISTORIC PROPERTIES AND HOLDING ENFORCMENT IN ABEYANCE UNTIL AN APPLICATION FOR MOTHBALLING FOR A PARTICULAR PROPERTY IS RESOLVED; AMENDING SECTION 518.404 (VACANT SUBSTANDARD PROPERTY) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; PROVIDING AN EFFECTIVE DATE.

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5.    2011-410   AN ORDINANCE AMENDING CHAPTER 740 (SIDEWALKS, CURBS AND GUTTERS), SECTION 740.104 (PETITION OF PROPERTY OWNERS FOR LAYING OF CURBS, GUTTERS OR SIDEWALKS), ORDINANCE CODE, TO BRING A PROPERTY OWNER'S COST FOR CURBS, GUTTERS AND SIDEWALKS IN LINE WITH THE ACTUAL COST OF SUCH A PROJECTS AND TO REQUIRE A PROPERTY OWNER TO PAY FOR THE CONSTRUCTION BY THE CITY OF A CONCRETE DRIVEWAY ON HIS/HER PROPERTY SO AS TO AVOID BENEFITTING ONE PROPERTY OWNER OVER ANOTHER; PROVIDING AN EFFECTIVE DATE.

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6.    2011-412   AN ORDINANCE APPROPRIATING $1,300,000 IN INVESTMENT POOL EARNINGS TO PROVIDE FUNDING FOR PHASE I IMPROVEMENTS TO THE WATER STREET GARAGE, AS INITIATED BY B.T. 11-101; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "WATER STREET GARAGE UPDATE" AND TO REDUCE THE BUDGET FOR THE PROJECT ENTITLED "FACILITIES CAPITAL MTNCE - GOV'T"; PROVIDING FOR OVERSIGHT BY THE PUBLIC BUILDINGS DIVISION OF THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE.

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7.    2011-413   AN ORDINANCE APPROPRIATING $3,400,000 BY MOVING FUNDS, ERRONEOUSLY POSTED TO THE MCCOY'S CREEK POND D PROJECT NUMBER, FROM THE MCCOY'S CREEK POND D PROJECT NUMBER TO THE MCCOY'S CREEK POND C PROJECT NUMBER, AS INITIATED BY B.T. 11-102; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; PROVIDING FOR AN EFFECTIVE DATE.

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8.    2011-418   AN ORDINANCE APPROPRIATING $200,000 FROM THE GENERAL CAPITAL PROJECTS ACCOUNT TO ESTABLISH SUBOBJECT 06102 IN FUND PWCP327RD549 IN ORDER TO PROVIDE A BUDGET FOR THE 11TH STREET, 12TH STREET AND VENUS STREET CONNECTOR RIGHT-OF-WAY EXPENSES AND OTHER RIGHT-OF-WAY EXPENSES, AS INITIATED BY B.T. 11-106; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO PROVIDE A BUDGET FOR RIGHT-OF-WAY EXPENSES FOR THE PROJECT ENTITLED "11TH ST. & 12TH ST. CONNECTOR (VENUS TO BOULEVARD)"; PROVIDING AN EFFECTIVE DATE.

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9.    2011-420   AN ORDINANCE APPROVING THE SETTLEMENT OF A DISPUTE BETWEEN THE CITY OF JACKSONVILLE AND LARRY AND BRENDALIN HARDEN, WITH RESPECT TO THE EMERGENCY DEMOLITION OF IMPROVEMENTS AT 6113 AND 6115 NORWOOD AVENUE, JACKSONVILLE, FLORIDA; APPROVING AN EXPENDITURE FOR THE SETTLEMENT IN THE AMOUNT OF $150,000.00 FROM NUISANCE ABATEMENT LIEN FUNDS, UPON SPECIFIED CONDITIONS; APPROVING THE EXECUTION OF THE SETTLEMENT AND RELEASE AGREEMENT; AUTHORIZING THE EXECUTION OF ANY OTHER SETTLEMENT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.

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10.    2011-422   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND PROPERTY MANAGEMENT SUPPORT, INC., AS TRUSTEE OF THE ATLANTIC LAND TRUST, FOR 6,618 SQUARE FEET OF OFFICE SPACE IN THE PREMISES AT 12220-0103 ATLANTIC BOULEVARD, AT THE CURRENT BASE RATE OF $18.76 PER SQUARE FOOT, WITH AN ADDITIONAL $0.75 PER SQUARE FOOT FOR CAM EXPENSES, FOR A MONTHLY RENT OF $10,759.76, OR $129,117.12 ANNUALLY, AND WITH A NEW EXPIRATION DATE OF SEPTEMBER 30, 2012, TO HOUSE THE TAX COLLECTOR'S KERNAN BOULEVARD BRANCH OFFICE; PROVIDING AN EFFECTIVE DATE.

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11.    2011-423   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A NON-ACCESS EASEMENT LOCATED IN ALADDIN ACRES IN COUNCIL DISTRICT 6, ESTABLISHED VIA PLAT BOOK 40, PAGE 92 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF KAREN M. MEENAN (THE "APPLICANT") SO AS TO PROVIDE APPLICANT ACCESS TO HER PROPERTY, SUCH ACCESS CURRENTLY BEING PROHIBITED BY THE NON-ACCESS EASEMENT; PROVIDING AN EFFECTIVE DATE.

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12.    2011-424   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A DRAINAGE EASEMENT NEAR GATE PARKWAY IN COUNCIL DISTRICT 13 (THE "SUBJECT PROPERTY"), DEDICATED TO THE CITY IN OFFICIAL RECORDS BOOK 11223, PAGE 2252 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF NGP V JACKSONVILLE FL LLC (THE "APPLICANT") SO AS TO ALLOW APPLICANT TO CLEAR ISSUES ON TITLE TO THE SUBJECT PROPERTY; PROVIDING AN EFFECTIVE DATE.

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13.    2011-425   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN ALL UTILITIES EASEMENT LOCATED IN FAIRFAX MANOR IN COUNCIL DISTRICT 14, ESTABLISHED VIA PLAT BOOK 16, PAGES 50 AND 51 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF JOHN VALENTINO (THE "APPLICANT"), OWNER OF PARCELS ON EITHER SIDE OF THE EASEMENT, SO AS TO ALLOW APPLICANT TO MAKE BETTER USE OF THE SUCH PARCELS; PROVIDING AN EFFECTIVE DATE.

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14.    2011-426   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A STORM DRAINAGE EASEMENT AT THE END OF WINDMOOR DRIVE IN COUNCIL DISTRICT 5 (THE "SUBJECT PROPERTY"), ESTABLISHED IN OFFICIAL RECORDS BOOK 6896, PAGE 940, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF SUPARNA GULANI (THE "APPLICANT") SO AS TO ALLOW APPLICANT TO CONSTRUCT A DWELLING ON THE SUBJECT PROPERTY; PROVIDING AN EFFECTIVE DATE.

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15.    2011-427   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, ALL OF A RIGHT-OF-WAY FOR DRAINAGE ON CISCO ROAD IN COUNCIL DISTRICT 11, ESTABLISHED AND DEDICATED VIA DEED RECORDED IN OFFICIAL RECORDS BOOK 566, PAGE 99 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, (THE "SUBJECT PROPERTY") AT THE REQUEST OF JAMES SPENCER (THE "APPLICANT") SO AS TO SATISFY CONCERNS APPLICANT'S MORTGAGE COMPANY HAS REGARDING ADEQUATE ACCESS TO AND FROM CISCO ROAD; DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEY BY QUIT CLAIM DEED AT NO COST THE SUBJECT PROPERTY JOINTLY TO JAMES SPENCER AND KEVIN ALLEN COPE, ADJACENT PROPERTY OWNERS; WAIVING THE PROVISIONS OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF THE SUBJECT PROPERTY TO JAMES SPENCER AND KEVIN ALLEN COPE AT NO COST; PROVIDING AN EFFECTIVE DATE.

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16.    2011-428   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, AN OPENED AND IMPROVED PORTION OF RIVERVIEW DRIVE IN COUNCIL DISTRICT 3, ESTABLISHED IN THE ATLANTIC HIGHLANDS PLAT RECORDED IN PLAT BOOK 9, PAGE 37 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CRESCENT RESOURCES, LLC (THE "APPLICANT") TO ALLOW APPLICANT TO EXPAND THE PARKING CAPACITY FOR ITS HARBORTOWN MARINA DEVELOPMENT, SUBJECT TO (1) RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF RIVERVIEW DRIVE FOR INGRESS AND EGRESS AND FOR ALL UTILITIES, AND, (2) UNLESS OTHERWISE APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT, APPLICANT'S ADHERENCE TO THE TERMS OF PUD ORDINANCE 2002-931-E ADDRESSING APPLICANT'S ADJACENT DEVELOPMENT, NAMELY THAT A SIX FOOT ALUMINUM FENCE WITH MASONRY COLUMNS BE MAINTAINED BETWEEN RIVERVIEW DRIVE AND THE APPLICANT'S PROPERTY, AND THAT THE TEN FOOT BUILDING RESTRICTION LINE FROM THE ORIGINALLY PLATTED RIGHT-OF-WAY LINE REMAIN IN EFFECT; PROVIDING AN EFFECTIVE DATE.

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17.    2011-430   AN ORDINANCE SUPERSEDING ORDINANCE 2009-302-E; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A NEW STANDARD AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON FDOT RIGHTS-OF-WAY; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE.

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