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TRANSPORTATION, ENERGY & UTILITIES COMMITTEE
MINUTES OF THE REGULAR MEETING
June 06,2011
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 Philip Zamarron, Legislative Aide
CM Michael Corrigan, Vice Chair - Excused Phillip Peterson, Asst. Auditor
CMStephen Joost
Steve Rohan, General Counsel
CM Kevin Hyde - Excused John
Jackson, Chief of Research
CM John Crescimbeni
Sherry Hall, Administration
CM Richard Clark - Excused Heather Norsworthy, Asst. Auditor
Laurie Kattreh, Planning Dept.
Stephen Smith, Planning Dept.
Others in Attendance:
1.
2011-166 AN ORDINANCE RELATING
TO NUISANCE ABATEMENT OF COMMERCIAL FISHING OPERATIONS; AMENDING CHAPTER 518
(JACKSONVILLE PUBLIC SAFETY AND MAINTENANCE CODE) ORDINANCE CODE, AMENDING
SECTION 518.111 (DEFINITIONS) TO PROVIDE A NEW DEFINITION FOR "COMMERCIAL
FISHING OPERATION"; AMENDING SECTION 518.202 (CONDITIONS PROHIBITED AND
DECLARED PUBLIC NUISANCES; PENALTY) TO ADD A NEW SUBSECTION ADDRESSING
REGULATION OF COMMERCIAL FISHING OPERATIONS AS PUBLIC NUISANCES; AMENDING PART 4 (PROPERTY STANDARDS),
SUBPART B (MINIMUM CONDITIONS) TO CREATE A NEW SUBSECTION 518.424 (COMMERCIAL
FISHING OPERATIONS); PROVIDING AN EFFECTIVE DATE; 3/14/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
2.
2011-184 AN ORDINANCE
APPROPRIATING $495,112.88 BY MOVING FUNDS FROM THE MONCRIEF CREEK FLOOD CONTROL
PROJECT, THE RIVERVIEW DRAINAGE IMPROVEMENTS PROJECT, AND THE VC JOHNSON
DRAINAGE IMPROVEMENTS PROJECT TO THE LINCOLN VILLAS DRAINAGE IMPROVEMENT
PROJECT IN ORDER TO ENSURE THAT ADEQUATE FUNDING IS IN PLACE FOR CONSTRUCTION
OF PHASE 2 OF THE LINCOLN VILLAS DRAINAGE IMPROVEMENT PROJECT, AS INITIATED BY
B.T. 11-063; PROVIDING FOR 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 FUNDING FOR THE PROJECT ENTITLED "LINCOLN
VILLAS DRAINAGE" AND TO REDUCE FUNDING FOR THE PROJECTS ENTITLED
"MONCRIEF CREEK FLOOD CONTROL", RIVERVIEW DRAINAGE IMPROVEMENTS"
AND "VC JOHNSON DRAINAGE IMP"; PROVIDING FOR AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: April 05, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to WITHDRAW.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
3.
2011-237 AN ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM OF DEVELOPMENT AGREEMENT ANNUAL FEES AND
FAIR SHARE CONTRACT ASSESSMENT PAYMENTS PER CHAPTER 655, ORDINANCE CODE (CONCURRENCT
MANAGEMENT SYSTEM); PROVIDING FINDINGS AND INTENT; IMPOSING A TEMPORARY
MORATORIUM ON THE COLLECTION OF ANNUAL FEES UNDER DEVELOPMENT AGREEMENTS
PURSUANT TO PART 2 (JACKSONVILLE DEVELOPMENT AGREEMENT REGULATIONS), CHAPTER
655 (CONCURRENCY MANAGEMENT SYSTEM), PART 2, ORDINANCE CODE; PROVIDING FOR A
DURATION OF THE TEMPORARY MORATORIUM ON DEVELOPMENT AGREEMENT ANNUAL FEES;
IMPOSING A TEMPORARY MORATORIUM ON THE COLLECTION OF FAIR SHARE ASSESSMENTS
UNDER FAIR SHARE ASSESSMENT CONTRACTS PURSUANT TO PART 3 (FAIR SHARE ASSESSMENT
PROCEDURES), CHAPTER 655 (CONCURRENCY MANAGEMENT SYSTEM), ORDINANCE CODE;
PROVIDING FOR AN EFFECTIVE DATE FOR THE TEMPORARY MORTATORIUM ON THE COLLECTION
OF FAIR SHARE ASSESSMENTS UPON THE FUNDING OF ROADWAY IMPROVEMENTS AFFECTED BY
TEMPORARY MORATORIUM; PROVIDING FOR A DURATION OF THE TEMPORARY MORATORIUM ON
FAIR SHARE ASSESSMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE; 4/18/2011 - Read 2nd &
Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: April 19, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to WITHDRAW.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
4.
2011-305 AN ORDINANCE PERMITTING
127 PERPENDICULAR PARKING SPACES ON BOTH SIDES OF IONIC AVENUE BETWEEN BALTIC
STREET AND ORTEGA BOULEVARD AND ON THE EAST SIDE OF ORTEGA BOULEVARD BETWEEN
OXFORD AVENUE AND CORINTHIAN AVENUE, ADJACENT TO 4129 ORTEGA BOULEVARD IN
COUNCIL DISTRICT 14; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
5.
2011-292 AN ORDINANCE WAIVING
SECTION 382.308, ORDINANCE CODE, AND PROVIDING FOR A THREE YEAR EXTENSION TO
THE EXISTING AGREEMENT WITH ADVANCED DISPOSAL SERVICES JACKSONVILLE LLC;
APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY
TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH ADVANCE DISPOSAL SERVICES, JACKSONVILLE,
LLC, TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010;
JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13,
AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL
CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF
ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE
CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH
ADVANCE DISPOSAL SERVICES, JACKSONVILLE, LLC, FOR IMPROPER USE OF CITY CONTRACT
ASSETS; PROVIDING AN EFFECTIVE DATE; 5/2/2011
- Read 2nd & Rerefer; 5/16/2011 - Approve 4-1 (Crescimbeni)
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
6.
2011-293 AN ORDINANCE APPROVING
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH WASTE PRO OF FLORIDA,
INC., TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010;
JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13,
AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL
CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF
ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE
CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH
WASTE PRO OF FLORIDA, INC., FOR IMPROPER USE OF CITY CONTRACT ASSETS; PROVIDING
AN EFFECTIVE DATE; 5/2/2011
- Read 2nd & Rerefer; 5/16/2011 - Approve 4-1 (Crescimbeni)
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
7.
2011-294 AN ORDINANCE APPROVING
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH REPUBLIC SERVICES OF FLORIDA LIMITED
PARTNERSHIP, D/B/A SOUTHLAND WASTE SYSTEMS OF JACKSONVILLE
("SOUTHLAND"), TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO
DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS
2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY
AND ESTABLISHING FUEL CONTROLS; AND WAIVING CONFLICTING PORTIONS OF SECTION
382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT
COMPENSATION), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer; 5/16/2011 -
Approve 4-1 (Crescimbeni)
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
8.
2011-301 AN ORDINANCE GRANTING
THE APPLICATION OF STERICYCLE, INC. FOR RENEWAL OF ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (CON) TO OPERATE A MEDICAL WASTE STERILIZER AND
TRANSFER FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING
EXHIBIT; PROVIDING AN EFFECTIVE DATE; 5/16/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
9.
2011-302 AN ORDINANCE REGARDING
HONORARY STREET NAMING DESIGNATION AND ASSOCIATED ROADWAY MARKER; ESTABLISHING
AN HONORARY STREET DESIGNATION ON THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST
AND REED STREET FOR REVEREND DR. LANDON L. WILLIAMS SR.; PROVIDING FOR THE INSTALLATION
OF ONE HONORARY ROADWAY MARKER AT THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST
AND REED STREET IN COUNCIL DISTRICT 8; PROVIDING FOR CONFORMANCE WITH PART I
(GENERAL PROVISIONS) OF CHAPTER 745, ORDINANCE CODE (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 THE
ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE
DATE; 5/16/2011 - Read 2nd &
Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
10. 2011-304
AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE NORTHERLY
500.31 FEET OF FISH ROAD WEST, AN OPENED AND IMPROVED RIGHT-OF-WAY IN COUNCIL
DISTRICT 8 (THE "SUBJECT PROPERTY"), DEEDED TO THE CITY AS RECORDED
IN DEED BOOK 1627, PAGES 468 AND 470, OF THE OFFICIAL PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA, AT THE REQUEST OF JONES ROAD LANDFILL AND RECYCLING, LTD.
("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE
NEEDS OF THE CITY; WAIVING SECTION 122.423, ORDINANCE CODE, TO AUTHORIZE THE
MAYOR TO CONVEY THE SUBJECT PROPERTY TO APPLICANT FOR THE APPRAISED VALUE OF
$4,000 IN ORDER FOR APPLICANT TO BE IN COMPLIANCE WITH ZONING EXCEPTION
E-07-40; RESERVING AN ALL UTILITIES EASEMENT OVER THE SUBJECT PROPERTY IN THE
NAME OF THE CITY AND JEA; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to AMEND and APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
11.
2011-315 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE AND DELIVER, A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF
JACKSONVILLE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND
ANY OTHER DOCUMENTS NECESSARY TO EFFECUTATE THE PURPOSES OF THE RESTRICTIVE
COVENANT, FOR PROPERTY KNOWN AS THE MARINE ONE FIRE STATION PROPERTY LOCATED AT
469 TROUT RIVER DRIVE, SO AS TO PLACE ENVIRONMENTAL RESTRICTIONS ON THE SITE;
PROVIDING AN EFFECTIVE DATE; 5/16/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 17, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
PUBLIC HEALTH & SAFETY: May 17, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: June 06, 2011
Recommend to APPROVE.
AYES - Brown, Corrigan,
Crescimbeni, Joost, ( 4 )
_____________________
2ND
12.
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
_____________________
13.
2011-329 AN ORDINANCE APPROVING
THE CITY OF JACKSONVILLE'S ACQUISITION OF THAT CERTAIN PARCEL OF PROPERTY
IDENTIFIED AS PARCEL 111, REAL ESTATE NUMBER 052861-0000, BETWEEN DAVIS STREET
AND BOULEVARD STREET IN COUNCIL DISTRICT 7, IN ACCORDANCE WITH THE TERMS OF THE
CITY OF JACKSONVILLE REAL ESTATE DIVISION OPTION TO PURCHASE EXECUTED BY L. J.
SPATES ON BEHALF OF HELP CENTER, INC. (SELLER), FOR $196,300 FOR THE PURPOSE OF
ACQUIRING ADDITIONAL RIGHT-OF-WAY IN ORDER TO CONSTRUCT DRAINAGE AND
RIGHT-OF-WAY IMPROVEMENTS AROUND SHANDS HOSPITAL BETWEEN DAVIS STREET AND
BOULEVARD STREET AS PART OF THE 11TH & 12TH STREET R/W DRAINAGE PROJECT;
AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE ALL NECESSARY
DOCUMENTS; PROVIDING AN EFFECTIVE DATE
_____________________
14.
2011-331 AN ORDINANCE APPROVING
INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR OR DESIGNEE AND CORPORATION
SECRETARY, TO EXECUTE AN INTERLOCAL WITH THE CITY OF ATLANTIC BEACH FOR
BUILDING INSPECTION SERVICES; PROVIDING AN EFFECTIVE DATE
_____________________
15.
2011-332 AN ORDINANCE MAKING
FINDINGS; AUTHORIZING THE DIRECTOR OF RECREATION AND COMMUNITY SERVICES OR HER
DESIGNEE TO EXECUTE AN ACCESS AGREEMENT ON THE CITY'S BEHALF WITH THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) TO PERFORM SAMPLING AT RAYMOND E. DAVIS
PARK; AUTHORIZING THE DIRECTOR OF THE APPROPRIATE DEPARTMENT ASSIGNED TO MANAGE
A PARTICULAR PROPERTY NEEDED FOR ACCESS, OR HIS OR HER DESIGNEE, TO EXECUTE
FUTURE ACCESS AGREEMENTS ON THE CITY'S BEHALF TO PERFORM ASSESSMENTS AT OTHER
CITY OWNED PROPERTIES; PROVIDING AN EFFECTIVE DATE
_____________________
16.
2011-349 AN ORDINANCE APPROVING
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE AN AMENDED AND RESTATED AGREEMENT
WITH REPUBLIC SERVICES OF FLORIDA LIMITED PARTNERSHIP, D/B/A SOUTHLAND
WASTE SYSTEMS OF JACKSONVILLE ("SOUTHLAND WASTE"), TO PROVIDE FOR
AUTOMATED SERVICES AND TO EXTEND THE TERM FOR FIVE YEARS; TO EXECUTE A FIRST
AMENDMENT TO THE EXISTING RECYCLING CONTRACT WITH REPUBLIC SERVICES OF FLORIDA,
D/B/A SOUTHLAND RECYCLING SERVICES ("SOUTHLAND RECYCLING") TO EXTEND
THE TERM FOR SIX YEARS; TO AMEND THE CITY ORDINANCE CODE TO PROVIDE FOR CHANGES
RELATED TO AUTOMATED SERVICES, AS SET FORTH ON EXHIBIT 3; WAIVING CONFLICTING
PORTIONS OF SECTION 126.202 (COMPETITIVE SEALED BID), ORDINANCE CODE; AND
WAIVING CONFLICTING PORTIONS OF SECTION 382.308 (PROCUREMENT OF WASTE
SERVICES), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE
_____________________
17.
2011-356 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO
EXECUTE AN EASEMENT AGREEMENT BY WHICH THE AMERICAN NATIONAL RED CROSS
("RED CROSS") GRANTS TO THE CITY OF JACKSONVILLE ("CITY") A
PERPETUAL EASEMENT FOR THE CONSTRUCTION, MAINTENANCE AND ACCESS IN, OVER,
UNDER, UPON AND THROUGH PROPERTY OWNED BY RED CROSS AND LOCATED IN COUNCIL
DISTRICT 9; AUTHORIZING THE EXECUTIVE DIRECTOR OF JEDC TO MAKE TECHNICAL
CHANGES TO THE EASEMENT; PROVIDING AN EFFECTIVE DATE
_____________________
18.
2011-357 AN ORDINANCE REGARDING
AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND
INSTALLATION OF A ROADWAY MARKERS ON SOUTEL DRIVE FROM US1 TO SIBBALD ROAD,
ALONG THE SOUTHEAST SIDE OF SOUTEL DRIVE IN COUNCIL DISTRICT 8; HONORING AND
RECOGNIZING THE ACHIEVEMENTS OF RONALD C. ELPS; 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
_____________________
19.
2011-358 AN ORDINANCE
APPROPRIATING $449,470 FROM SOUTEL/MONCRIEF CRA TID FOR DESIGN AND ENGINEERING
FOR UTILITY, SEWER AND DRAINAGE EXPANSION ON US-1 FROM I-295 TO 14TH STREET AND
IN THE LONNIE MILLER PARK AREA, LOCATED AT 7689 PRICE LANE, JACKSONVILLE,
FLORIDA, IN COUNCIL DISTRCIT 10; PROVIDING AN EFFECTIVE DATE
_____________________
20.
2011-359 AN ORDINANCE
APPROPRIATING $35,000 FROM THE ENVIRONMENTAL PROTECTION BOARD TRUST FUND TO
ALLOW THE ENVIRONMENTAL PROTECTION BOARD ("EPB") TO SPONSOR AND
CONTRIBUTE $35,000 TO THE TREE HILL NATURE CENTER ENERGY EFFICIENCY
DEMONSTRATION PROJECTS, PART 1 GEOTHERMAL HEATING AND COOLING PROJECT, AS
INITIATED BY B.T. 11-098; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012;
PROVIDING FOR INSTALLMENT PAYMENTS TO TREE HILL NATURE CENTER FOR WORK
PERFORMED; PROVIDING FOR OVERSIGHT OF THE PROJECT; PROVIDING AN EFFECTIVE DATE
_____________________
21.
2011-361 AN ORDINANCE DECLARING
CITY OF JACKSONVILLE FEE SIMPLE PARCELS IDENTIFIED AS REAL ESTATE NUMBERS
074828-0000, 074829-0000, 074830-0000, 074832-0000; 074834-0000, 074836-0000,
074837-0000, 074838-0000, 074839-0000, 074840-0000, 074843-0000, 074844-0000,
074846-0000, AND 074859-0000, LOCATED IN COUNCIL DISTRICT 9, TO BE SURPLUS TO
THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION
SECRETARY TO EXECUTE A LAND CONVEYANCE AGREEMENT ALL RELATED CLOSING DOCUMENTS
CONVEYING FEE SIMPLE TITLE TO SUCH PARCELS FROM THE CITY OF JACKSONVILLE TO THE
JACKSONVILLE TRANSPORTATION AUTHORITY (JTA) FOR USE IN THE REGIONAL
TRANSPORTATION CENTER (RTC) AT NO COST IN LIEU OF A $5 MILLION CASH
CONTRIBUTION FROM THE CITY OF JACKSONVILLE TO THE RTC PROJECT; WAIVING THE
PROVISIONS OF SECTION 122.424 (APPRAISAL/ASSESSED VALUE OVER $25,000),
ORDINANCE CODE, TO ALLOW CONVEYANCE OF SAID PARCELS OF REAL PROPERTY TO JTA AT
NO COST; AMENDING THE 2011-2015 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED
BY ORDINANCE 2010-558-E TO DELETE THE PROJECT ENTITLED "JRTC (JACKSONVILLE
REGIONAL TRANSPORTATION CENTER) BUS"; PROVIDING AN EFFECTIVE DATE
_____________________
22.
2011-370 AN ORDINANCE GRANTING
THE APPLICATION OF OTIS ROAD LANDFILL, LLC FOR AN INITIAL CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY (CON) TO OPERATE THE OTIS ROAD DISASTER RECOVERY DEBRIS MANAGEMENT
AND RECYCLING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE;
INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE.
_____________________
23. 2011-365 AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A SETTLEMENT AGREEMENT ("SETTLEMENT AGREEMENT") BETWEEN THE
CITY OF JACKSONVILLE ("CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT
COMMISSION ("JEDC"), AND PROJECT RIVERWATCH, LLC
("RIVERWATCH") TO PROVIDE FOR (I) THE RELEASE OF THE PARTIES' MUTUAL
OBLIGATIONS UNDER A 2007 DEVELOPMENT AGREEMENT BETWEEN THE CITY AND RIVERWATCH
REQUIRING RIVERWATCH TO CONSTRUCT A PARKING GARAGE AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF BAY AND HOGAN STREETS AND REQUIRING THE CITY TO PROVIDE
$3.5 MILLION IN INCENTIVES UPON THE COMPLETION OF SUCH GARAGE AND OVER $2
MILLION IN ADDITIONAL INCENTIVES THEREAFTER FOR A PARKING VALIDATION PROGRAM TO
BENEFIT JACKSONVILLE LANDING PATRONS, (II) RIVERWATCH'S CONVEYANCE TO THE CITY,
AT NO COST TO THE CITY, OF THE "SISTER CITIES PARCEL" THAT THE CITY
PREVIOUSLY CONVEYED TO RIVERWATCH'S PREDECESSOR HUMANA MEDICAL PLAN, INC. IN
2002, AND (III) THE CITY'S DISMISSAL WITH PREJUDICE OF ITS PENDING DUVAL COUNTY
CIRCUIT COURT CASE AGAINST RIVERWATCH FOR FAILING TO CONSTRUCT THE PARKING
GARAGE, IN CONSIDERATION FOR THE FOREGOING MUTUAL RELEASES AND PROPERTY
CONVEYANCE TO THE CITY, AND IN LIGHT OF THE DEFENDANT RIVERWATCH'S RECEIVERSHIP
IN MINNESOTA FEDERAL COURT WITH NUMEROUS COMPETING CREDITORS' CLAIMS AND THE
MINNESOTAL FEDERAL COURT'S STAY OF THE CITY'S UNSECURED CLAIM PENDING
RESOLUTION OF THE COMPETING CREDITORS' CLAIMS; AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS RELATING TO THE ABOVE SETTLEMENT AGREEMENT AND TRANSACTION, AND
AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS
CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.
_____________________
24.
2011-366 AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE (I} THE ECONOMIC DEVELOPMENT AGREEMENT
("PARADOR AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE
("CITY") AND DEVELOPER PARADOR PARTNERS, LLC ("PARADOR"),
AND (II) THE RESTRICTIVE COVENANTS AND PARKING RIGHTS AGREEMENT, OPTION
AGREEMENT AND RELATED DOCUMENTS DESCRIBED IN THE PARADOR AGREEMENT, FOR THE PURPOSE
OF STRENGTHENING THE URBAN CORE BY PROVIDING ADDITIONAL DOWNTOWN PARKING FOR
OFFICE, RETAIL AND VISITATION USES, INCLUDING BY RESERVING SHORT TERM PARKING
SPACES FOR THE BENEFIT OF LANDING RETAIL ESTABLISHMENT PATRONS AND OTHER
MEMBERS OF THE GENERAL PUBLIC IN A NEW APPROXIMATELY 500-SPACE PARKING GARAGE
("PARADOR GARAGE") TO SERVE THE ADJACENT SUNTRUST BUILDING AND
PROVIDE PUBLIC PARKING FOR AREA RETAIL ESTABLISHMENTS INCLUDING THE LANDING,
WHICH GARAGE WILL BE CONSTRUCTED BY PARADOR ON THE PARCEL OF LAND LOCATED AT
THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS IN DOWNTOWN
JACKSONVILLE; AUTHORIZING THE APPROPRIATION OF $3.5 MILLION FOR A CITY GRANT TO
PARADOR UPON THE OPENING OF THE PARADOR GARAGE; AUTHORIZING A PARKING VALIDATION
PROGRAM GRANT ("PARKING VALIDATION PROGRAM") TO ENABLE PARADOR TO
PROVIDE PARKING DISCOUNTS TO LANDING RETAIL ESTABLISHMENT PATRONS WHO PARK IN
THE PARADOR GARAGE, WITH THE CITY CONTRIBUTING UP TO $132,250 PER YEAR
BEGINNING IN THE SIXTH YEAR AFTER THE OPENING OF THE PARADOR GARAGE AND
CONTINUING UNTIL MARCH 13, 2031, FOR A TOTAL AGGREGATE MAXIMUM CITY GRANT OF
$1,587,000 FOR THE PARKING VALIDATION PROGRAM, PROVIDED HOWEVER THAT THE
PARKING VALIDATION PROGRAM IS CONTINGENT UPON (A) THE APPROVAL OF THE PARADOR
AGREEMENT BY JACKSONVILLE LANDING INVESTMENTS, LLC ("JLI"), THE
CURRENT TENANT UNDER THE DISPOSITION, DEVELOPMENT AND LEASE AGREEMENT DATED
OCTOBER 3, 1985 BETWEEN THE CITY AND JLI'S PREDECESSOR, AS AMENDED, FOR THE
LEASE OF THE LANDING UNDERLYING AND SURROUNDING THE LANDING BUILDINGS
("LANDING LEASE"), AND (B) JLI'S RELEASE OF ITS PRESENT RIGHT TO
CONSTRUCT ITS OWN PARKING GARAGE IN A DEFINED AREA OF DOWNTOWN AND RECEIVE
SIMILAR CITY INCENTIVES PURSUANT TO THE TERMS OF THE SIXTH AMENDMENT TO THE
LANDING LEASE DATED FEBRUARY 8, 2007; AUTHORIZING THE CITY TO GRANT PARADOR A
FIVE-YEAR OPTION TO PURCHASE THE "SISTER CITIES PARCEL" LOCATED AT
THE NORTHEAST CORNER OF THE INTERSECTION OF BAY AND WATER STREETS, PURSUANT TO
THE TERMS OF THE OPTION AGREEMENT ("OPTION AGREEMENT") ATTACHED TO
THE PARADOR AGREEMENT, CONTINGENT UPON THE CITY OBTAINING TITLE TO THE SISTER
CITIES PARCEL FROM THE CURRENT OWNER, PROJECT RIVERWATCH, LLC, PURSUANT TO A
PROPOSED SETTLEMENT AGREEMENT BETWEEN THE CITY AND PROJECT RIVERWATCH, LLC, TO
BE AUTHORIZED IN SEPARATE LEGISLATION BEING FILED CONTEMPORANEOUSLY HEREWITH;
WAIVING SECTIONS 122.431 THROUGH 122.434, ORDINANCE CODE, REQUIRING ONE OR MORE
APPRAISALS BEFORE SELLING ANY CITY PROPERTY LOCATED IN A COMMUNITY
REDEVELOPMENT AREA, INCLUDING THE DOWNTOWN AREA, AND FURTHER REQUIRING NOTICE
TO THE CITY COUNCIL PRIOR TO ADVERTISING FOR ANY PROPOSALS AND SEPARATE NOTICE
TO CITY COUNCIL NOT LESS THAN 30 DAYS PRIOR TO ACCEPTANCE OF ANY SUCH
PROPOSALS; PROVIDING THAT THE REASON FOR THE FOREGOING WAIVER IS THAT (A) THE
SALE OF THE SISTER CITIES PARCEL IS PURSUANT TO THE OPTION AGREEMENT APPROVED
BY THIS ORDINANCE, (B) THE SALE WILL BE ADMINISTERED BY THE JEDC, (C) THE SALE
IS CONTINGENT UPON PARADOR'S READINESS TO DEVELOP AT LEAST A TWO-STORY STRUCTURE
ON THE PARCEL AND ADJACENT LAND, AND (D) THE COMMUNITY REDEVELOPMENT AREA
PROPERTY DISPOSITION REQUIREMENTS IN §163.380, FLORIDA STATUTES, WILL BE
FOLLOWED, INCLUDING THE NOTICE AND ADVERTISEMENT FOR PROPOSALS REQUIREMENTS
CONTAINED THEREIN; PROVIDING FOR THE CARRYOVER OF FUNDS TO FUTURE FISCAL YEARS;
AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY
ORDINANCE 2010-558-E TO DE-AUTHORIZE PRIORITY 1 STATUS FOR THE PROJECT
"MET PARK REDEVELOPMENT"; 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.
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