TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

February 14,2011

 

BILL BISHOP, 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, February 14,2011. The meeting was called to order at 2:01 P.M. by Committee Chair Bill Bishop.  The meeting adjourned at 2:30 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Bill Bishop, Chair                                                         Philip Zamarron, Legislative Aide

                     CM Michael Corrigan, Vice Chair                                         Phillip Peterson, Asst. Auditor

                      Stephen Joost                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde - Excused                                                 John Jackson, Chief of Research

                      CM John Crescimbeni                                                       Sherry Hall, Administration

                      CM Richard Clark                                                              Heather Norsworthy, Asst. Auditor

                                                                                                             Laurie Kattreh, Planning Dept.

                                                       Stephen Smith, Planning Dept.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Joey Duncan, Dir. of PW (11-26)

Bob Williams, Chief of Real Estate (11-44)

Lin White

Twane Duckworth, Asst Gen Counsel (11-46)

Fred Forbes, Chief, Solid Waste

Kelly Boree, Dir. of Rec & Community Svcs

Nancy Kilgo, JEA

Wyman Duggan

 

 

 

1.    2011-26   AN ORDINANCE REGARDING THE DUVAL COUNTY COURTHOUSE FACILITIES PROJECT ("COURTHOUSE"); PROVIDING FOR THE LOCATION OF THE PUBLIC DEFENDER'S OFFICES IN THE JAKE GODBOLD BUILDING INSTEAD OF THE ED BALL BUILDING AS PREVIOUSLY PROVIDED IN ORDINANCE 2007-401-E; APPROPRIATING $629,000 FROM THE ART IN PUBLIC PLACES ACCOUNT TO PROVIDE ART FOR THE COURTHOUSE, AS INITIATED BY B.T. 11-043; AND PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Joost, ( 5 )

 

NAYS - Crescimbeni, ( 1 )

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2.    2011-34   AN ORDINANCE PROVIDING $300,000 IN ADDITIONAL FUNDING FOR THE NEW KINGS ROAD RAILROAD OVERPASS PROJECT BY REDUCING APPROVED FUNDING FOR, AND TRANSFERRING SUCH FUNDING FROM, THE MONCRIEF ROAD (SOUTEL TO US 1)  PROJECT CONTAINED IN THE BETTER JACKSONVILLE PLAN TO THE NEW KINGS ROAD RAILROAD OVERPASS PROJECT, AS INITIATED BY B.T. 11-036; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "NEW KINGS ROAD RAILROAD OVERPASS" AND TO REDUCE THE BUDGETS FOR THE PROJECT ENTITLED "MONCRIEF ROAD/SOUTEL TO US 1"; PROVIDING FOR AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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3.    2011-42   AN ORDINANCE SETTING UP A NEW SUBOBJECT 06102 IN FUND PWCP462SD IN ORDER TO ESTABLISH A BUDGET FOR RIGHT-OF-WAY EXPENSES, APPROPRIATING $50,000 TO NEW SUBOBJECT 06102, AND ESTABLISHING A BUDGET FOR PAUL AVENUE RIGHT-OF-WAY EXPENSES, AS INITIATED BY B.T. 11-040; 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 FOR THE PROJECT ENTITLED "PAUL AVENUE DRAINAGE IMPROVEMENT"; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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4.    2011-43   AN ORDINANCE APPROPRIATING $1,000,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO PROVIDE ADDITIONAL FUNDING FOR THE TIMUCUAN NATIONAL PRESERVE BICYCLE TOURING ROUTE, AS INITIATED BY B.T. 11-041; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, LOCAL AGENCY PROGRAM ("LAP") SUPPLEMENTAL AGREEMENT NO. 7 BETWEEN THE CITY AND FDOT; AMENDING THE 2011-2015 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E FOR THE PROJECT ENTITLED "TIMUCUAN NATIONAL PRESERVE BICYCLE ROUTE;" PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Corrigan, Crescimbeni, ( 4 )

 

NAYS - Joost, ( 1 )

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5.    2011-44   AN ORDINANCE AUTHORIZING THE REAL ESTATE OFFICER TO ACCEPT, FOR AND ON BEHALF OF THE CITY, THE DONATION FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THAT CERTAIN PARCEL OF REAL PROPERTY, RE #001210-0010, FOR THE MAXVILLE PARK EXPANSION; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Corrigan, Crescimbeni, Joost, ( 5 )

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6.    2011-46   AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S DAMAGES IN A TOTAL AMOUNT OF $150,000.00 AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $29,700.00, FOR A TOTAL MONETARY SETTLEMENT OF $179,700.00, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $119,800.00, ALL RESULTING FROM THE CONDEMNATION OF PARCELS 700, 1743, 810.1 & 810.2, IN RELATION TO THE CRYSTAL SPRINGS ROAD PROJECT IN COUNCIL DISTRICT 12, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. EDWARD S. ELIAS, ET AL., CASE NO. 2007-CA-009812; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Corrigan, Crescimbeni, Joost, ( 5 )

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7.    2011-47   AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT IN THE PROCEEDINGS STYLED SAN MARCO PRESERVATION SOCIETY, INC., ET AL. V. CITY OF JACKSONVILLE, CASE NOS. 2008-CA-15010 AND 2008-CA-15011; AMENDING CHAPTER 656 (ZONING CODE); PART 3 (SCHEDULE OF DISTRICT REGULATIONS), SUBPART F (PLANNED UNIT DEVELOPMENT), SECTION 656.341 (PROCEDURES), ORDINANCE CODE REQUIRING A WRITTEN GOOD CAUSE DETERMINATION FOR WAIVER OF PUD APPLICATION REQUIREMENT CONSISTENT WITH THE SETTLEMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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8.    2011-48   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN EASEMENT PURCHASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND JEA CONVEYING TO JEA FOR THE SUM OF $20,000 AN EXCLUSIVE GRANT OF EASEMENT FOR THE CONSTRUCTION OF A SEWER LIFT STATION IN NORTHSHORE PARK FOR THE KENYON STREET LIFT STATION PROJECT #1013096, WITH THE PROCEEDS OF SUCH SALE TO BE DEPOSITED INTO THE SPECIAL RECREATION LAND ACCOUNT PURSUANT TO SECTION 122.429, ORDINANCE CODE, TO BE USED FOR AMENITIES IN NORTHSHORE PARK; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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9.    2011-49   AN ORDINANCE DECLARING THOSE PROPERTIES DETERMINED TO MEET THE CRITERIA OF REMEDIATION COMPLETION BY THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT (THE "CONVEYABLE PROPERTIES") TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE REAL ESTATE DIVISION OF THE PUBLIC WORKS DEPARTMENT TO MARKET AND DISPOSE OF THE CONVEYABLE PROPERTIES; 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 MARKETING AND DISPOSITION OF THE CONVEYABLE PROPERTIES BY AUCTION OR DIRECT SALE; WAIVING THE PROVISIONS OF SECTION 122.429 (USES OF PROCEEDS FROM SURPLUS LAND SALES) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW THE NET PROCEEDS FROM THE SALE OF THE  CONVEYABLE PROPERTIES TO BE DEPOSITED INTO THE CONTAMINATION ASSESSMENT FUND (442) FOR FUTURE APPROPRIATION TO OFFSET THE COSTS OF THE REMEDIATION EFFORTS; WAIVING THE PROVISIONS OF RULE 3.102(g) (PREPARATION OF BILLS) SO AS TO ELIMINATE THE REQUIREMENTS THAT A COPY OF THE CERTIFICATE FROM THE CHIEF OF REAL ESTATE FOR THE SURPLUS OF REAL PROPERTY BE ATTACHED HERETO AND THAT AN ESTIMATION OF THE VALUE OF THE PROPERTY AND A STATEMENT AS TO WHETHER THE VALUE IS SUPPORTED BY AN APPRAISAL BE CONTAINED HEREIN; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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10.    2011-52   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN JACKSONVILLE HEIGHTS, IN COUNCIL DISTRICT 11, ESTABLISHED VIA PLAT BOOK 5, PAGE 90 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF DAWSON'S CREEK, LLC, TO INCREASE AVAILABLE PROPERTY FOR RESIDENTIAL DEVELOPMENT AND TO FACILITATE THE GRANTING OF A CONSERVATION EASEMENT TO THE SAINT JOHNS RIVER WATER MANAGEMENT DISTRICT BY DAWSON'S CREEK, LLC; PROVIDING AN EFFECTIVE DATE; 1/31/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: February 01, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 14, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Joost, ( 6 )

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2ND READINGS

 

11.    2011-84   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE CITY OF JACKSONVILLE, AND THE CITY OF JACKSONVILLE BEACH FOR THE PROPERTY PREVIOUSLY KNOWN AS THE JACKSONVILLE BEACH MOSQUITO CONTROL FACILITY IN ORDER TO ALLOW THE CITY TO PLACE RESTRICTIONS ON THE PROPERTY DUE TO CONTAMINATION THAT REMAINS IN THE GROUNDWATER; PROVIDING AN EFFECTIVE DATE

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12.    2011-85   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ALLOWING FDOT TO UNDERTAKE IMPROVEMENTS TO CAHOON AVENUE FROM DEVOE STREET TO CANNON STREET; PROVIDING AN EFFECTIVE DATE

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