TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 04,2012

 

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, September 04,2012. The meeting was called to order at 2:02 P.M. by Committee Chair Greg Anderson.  The meeting adjourned at 3:20 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                      CM Greg Anderson, Chair                                                 Juliette Williams, Legislative Aide

                      CM Jim Love, Vice Chair                                                   Heather Norsworthy, Asst. Auditor

                      CM Reggie Brown                                                            Steve Rohan, General Counsel

                      CM Ray Holt – Arrived 4:06                                             John Jackson, Chief of Research

                      CM Robin Lumb                                                               Tiffani Dailey, Administration

                      CM Matt Schellenberg                                                       

                                                                                                                                                        

 

 

Others in Attendance:

 

Vince Seibold (12-439)

Jim Robinson, Dir. of PW (12-493)

T.R. Hainline (12-492)

Paul Harden (12-492)

Sarah Boren (12-497)

Tera Meeks, Parks & Rec (12-498)

Matt Schellhorn (12-498)

Paige Johnston (12-522)

Karen Chastain, OGC (12-522)

John Jones

Lin White

Marietta LeBlanc (12-439)

Scott Wilson

Leann Summerford

Steve Patterson, TU

David Bauerlein, TU

 

1.    2012-439   AN ORDINANCE APPROPRIATING $5,000 FROM THE ENVIRONMENTAL PROTECTION FUND TO PROVIDE SCHOLARSHIPS TO CITIZENS UNABLE TO AFFORD TO ATTEND THE FLORIDA COASTAL SCHOOL OF LAW/JACKSONVILLE UNIVERSITY 2012 NORTHEAST FLORIDA ENVIRONMENTAL SUMMIT, AS INITIATED BY B.T. 12-084; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2012-2013; PROVIDING AN EFFECTIVE DATE; 8/6/2012 - Read 2nd & Rerefer; 8/20/2012 - Approve 4-1 (Lumb)

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend  to WITHDRAW.

 

AYES - Anderson, Love, Lumb, Schellenberg, ( 4 )

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2.    2012-492   AN ORDINANCE APPROPRIATING $10,000,000, FROM THE JIA/CRA TAX INCREMENT DISTRICT (I) DUVAL ROAD EXPANSION ($375,000) AND (II) FOR THE FUTURE NORTH ACCESS ROAD ($9,625,000); PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2012-2013; APPROVING A THIRD AMENDMENT TO THE FAIR SHARE ASSESSMENT CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND SIGNATURE LAND, INC., ASSIGNED TO SIGNATURE PARKWAY, LLP, CONCERNING THE IMPROVEMENT OF DUVAL ROAD BETWEEN MAIN STREET AND AIRPORT CENTER DRIVE, LOCATED IN COUNCIL DISTRICT 11; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BKJ DEVELOPMENT PARTNERS, LLC TO CONTRIBUTE TO THE NORTH ACCESS ROAD; AMENDING THE 2012-2016 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2011-406-E TO AUTHORIZE THE PROJECT ENTITLED "DUVAL ROAD IMPROVEMENTS"; PROVIDING AN EFFECTIVE DATE; 8/6/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 07, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to SUBSTITUTE and REREFER. 

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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3.    2012-493   AN ORDINANCE APPROPRIATING $326,804.13 FROM THE BANKING FUND - DEBT PROCEEDS ACCOUNT TO PROVIDE FUNDING FOR THE HALDUMAR TERRACE ROAD RECONSTRUCTION PROJECT (THE "PROJECT"), WHICH WILL REPROFILE THE ROAD AND INSTALL NEW CURBING SO AS TO REDUCE STORMWATER RUNOFF AND THE FLOODING OF ADJACENT PROPERTIES, AS INITIATED BY B.T. 12-072; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2012-2013; AMENDING THE 2012-2016 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2011-406-E TO PROVIDE FUNDING FOR A NEW PROJECT ENTITLED "HALDUMAR TERRACE" AND REDUCE FUNDING FOR THE PROJECT ENTITLED "INTERSECTION IMPROVEMENTS, BRIDGES, MISCELLANEOUS CONSTRUCTION"; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 8/20/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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4.    2012-496   AN ORDINANCE DECLARING THE PUBLIC NECESSITY FOR ACQUIRING FEE SIMPLE TITLE THROUGH CONDEMNATION BY RIGHT OF EMINENT DOMAIN IN THAT CERAIN PARCEL OF REAL PROPERTY IN COUNCIL DISTRICT 8, SUCH PARCEL BEING R.E.# 054821-0000, CONSISTING OF APPROXIMATELY 1,791 SQUARE FEET, APPRAISED AT $5,400, AS REQUIRED FOR THE 11TH AND 12TH STREET CONNECTOR PROJECT; AUTHORIZING AND DIRECTING THE OFFICE OF GENERAL COUNSEL TO INSTITUTE APPROPRIATE CONDEMNATION PROCEEDINGS; PROVIDING AN EFFECTIVE DATE; 8/20/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to APPROVE.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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5.    2012-497   AN ORDINANCE AMENDING ORDINANCE 2011-494-E BY MOVING THE LEASE COMMENCEMENT DATE APPROVED IN SAID ORDINANCE BACK TO JUNE OF 2013 IN ORDER TO GIVE TENANT, U. S. GREEN BUILDING COUNCIL - NORTH FLORIDA CHAPTER, INC., TIME TO ACCUMULATE NECESSARY FUNDING; MAKING NO OTHER CHANGES TO ORDINANCE 2011-494-E; PROVIDING AN EFFECTIVE DATE; 8/20/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to APPROVE.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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6.    2012-498   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, ON BEHALF OF THE CITY, (1) A RESTRICTIVE EASEMENT AGREEMENT GRANTING A RESTRICTIVE EASEMENT OVER CITY PROPERTY (R.E. #001412-0000) NEAR OUTLYING LANDING FIELD WHITEHOUSE ("OLF WHITEHOUSE") TO THE U. S. DEPARTMENT OF THE NAVY ("NAVY"), (2) A DONATION AGREEMENT DONATING TO THE NAVY THE APPRAISED VALUE OF THE RESTRICTIVE EASEMENT SO AS TO LIMIT DEVELOPMENT THAT IS INCOMPATIBLE WITH THE MISSION AND OPERATIONS OF OLF WHITEHOUSE, (3) ANY AND ALL OTHER SUCH DOCUMENTS NECESSARY OR APPROPRIATE TO EFFECTUATE THE TRANSACTION, AND (4) ANY AND ALL DOCUMENTS, INCLUDING, WITHOUT LIMITATION, AGREEMENTS, EASEMENTS, DONATION AGREEMENTS, AND CLOSING STATEMENTS, NECESSARY OR APPROPRIATE TO EFFECTUATE FUTURE ACQUISITIONS MADE BY THE CITY AND THE NAVY OF PROPERTIES DESIGNATED AS PART OF THE MILITARY NOTICE ZONE IN THE CITY OF JACKSONVILLE COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE; 8/20/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to APPROVE.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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7.    2012-522   AN ORDINANCE AMENDING CHAPTER 93 (ST. JOHNS RIVER [MAYPORT] FERRY COMMISSION), SECTION 93.105 (DUTIES), ORDINANCE CODE; ACCEPTING TITLE TO REAL PROPERTY FROM THE JACKSONVILLE PORT AUTHORITY ("JAXPORT") FOR THE OPERATION OF THE ST. JOHNS RIVER FERRY AS FOLLOWS: R.E. NUMBERS 168964-0000, 168965-0000, 168967-0000, 168242-0000, 169052-0000, 168309-0000, 169309-0100, 169038-0000, 169070-0000, 168308-1000, 168214-0010 IN COUNCIL DISTRICT 11, AND ACCEPTING TITLE TO THE VESSEL NAMED "JEAN RIBAULT" AND SUCH OTHER PERSONAL PROPERTY RELATING TO THE ST. JOHNS RIVER FERRY OPERATIONS; AUTHORIZING THE EXECUTION OF THE ASSIGNMENT AND ASSUMPTION OF THE OPERATING CONTRACT FOR THE ST. JOHNS RIVER FERRY AND THE EXECUTION OF THE CONSENT AND AMENDMENT TO THE CONTRACT; WAIVING ANY CONTRARY PROVISIONS OF CHAPTER 126 (PROCUREMENT CODE), PART 3 (PROFESSIONAL SERVICES CONTRACT), ORDINANCE CODE, FOR THE CONSENT AND AMENDMENT TO CONTRACT;  AUTHORIZING THE EXECUTION OF A POST-CLOSING AND FURTHER ASSURANCES AGREEMENT; AUTHORIZING THE COMMISSION CHAIRMAN TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSFER OF THE ST. JOHNS RIVER FERRY ASSETS AND OPERATIONS, AND AUTHORIZING PAYMENT OF CLOSING COSTS TO EFFECTUATE THE TRANSFER; REQUESTING EMERGENCY PASSAGE; PROVIDING FOR JAXPORT BOARD OF DIRECTORS APPROVAL; AND PROVIDING AN EFFECTIVE DATE; 8/20/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 04, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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8.    2012-544   AN ORDINANCE REGARDING HONORARY STREET DESIGNATIONS AND ASSOCIATED ROADWAY MARKERS; ESTABLISHING AN HONORARY STREET DESIGNATION IN FRONT OF THE RIVER REGION HUMAN SERVICES FACILITY LOCATED AT 2981 PARENTAL HOME ROAD FOR DERYA ENGLISH WILLIAMS; PROVIDING FOR THE INSTALLATION OF TWO HONORARY ROADWAY MARKERS AT EITHER END OF THE DESIGNATED ROADWAY IN COUNCIL DISTRICT 4; HONORING THE LIFE AND LEGACY OF DERYA ENGLISH WILLIAMS, AND RECOGNIZING THE ACHIEVEMENTS OF DERYA ENGLISH WILLIAMS; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, ORDINANCE CODE (ADDRESSING AND STREET NAMING REGULATIONS); WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS WHO HONORARY STREET DESIGNATION MAY BE NAMED AFTER; DIRECTING LEGISLATIVE SERVICES TO FORWARD THE ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Anderson, Holt, Love, Lumb, Schellenberg, ( 5 )

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2ND READINGS

 

9.    2012-524   AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND AMERICAN HERITAGE LIFE INSURANCE COMPANY TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT TO JANUARY 6, 2018, FOR THE DEVELOPMENT (CCAS NO. 19766) KNOWN AS "AMERICAN HERITAGE LIFE", CONSISTING OF APPROXIMATELY 22.00  ACRES LOCATED IN COUNCIL DISTRICT 13 AT 4920 SAN PABLO ROAD (R.E. NO. 167766-0500), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR AN OFFICE USE DEVELOPMENT WITH APPROXIMATELY 63,740 SQUARE FEET REMAINING, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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10.    2012-529   AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION AND CASTO SOUTHEAST, INC. AND SUCCESSOR CHRISTIECO, INC. TO EXTEND THE DATE ON WHICH THE CITY CAN DRAW ON THE LETTER OF CREDIT TO JANUARY 1, 2017; PROVIDING AN EFFECTIVE DATE

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11.    2012-542   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN ALLEY LYING BETWEEN KING STREET, COLLEGE STREET, ACOSTA STREET AND POST STREET, AN OPENED AND IMPROVED RIGHT-OF-WAY, ESTABLISHED BY PLAT OF NEW RIVERSIDE, AS RECORDED IN PLAT BOOK 3, PAGE 54 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN COUNCIL DISTRICT 14, AT THE REQUEST OF 901 KING STREET, LLC ("APPLICANT"), TO ENABLE APPLICANT TO CREATE A PARKING LOT TO SERVE THE BUSINESS ON KING STREET, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF THE ALLEY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; ACCEPTING A SPECIAL WARRANTY DEED FROM APPLICANT FOR THE RE-ALIGNMENT OF THAT PORTION OF THE ALLEY;  WAIVING THE REQUIREMENTS OF SECTION 744.104, ORDINANCE CODE, REGARDING OBTAINING FAVORABLE AGENCY REPLIES PRIOR TO INTRODUCTION OF LEGISLATION; PROVIDING AN EFFECTIVE DATE

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