TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

March 05,2012

 

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, March 05,2012. The meeting was called to order at 2:05 P.M. by Committee Chair Greg Anderson.  The meeting adjourned at 3:16 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Greg Anderson, Chair                                                   Juliette Williams, Legislative Aide

                     CM Richard Clark, Vice Chair                                               Heather Reber, 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.    2012-32   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND N. G. WADE INVESTMENT COMPANY, A FLORIDA CORPORATION, FOR A PROJECT TO BE KNOWN AS "PICKETT PARK LIGHT INDUSTRIAL: TRACT IV" (CCAS/CRC NO. 78747), CONSISTING OF 715,000 SQUARE FEET OF GENERAL LIGHT INDUSTRIAL USES ON APPROXIMATELY 62.01  ACRES OF PROPERTY LOCATED ON PICKETTVILLE ROAD BETWEEN COMMONWEALTH AVENUE AND 12TH STREET WEST, AS DESCRIBED THEREIN (COUNCIL DISTRICT 10), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $4,697 IN FAIR SHARE FUND SECTOR 5.1, PURSUANT TO SECTION 163.3180, FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 1/17/2012 - Read 2nd & Rerefer; 2/6/2012 - PH/ Approve 6-0

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

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

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2.    2012-89   AN ORDINANCE APPROPRIATING $540,000 IN GRANT FUNDS UNDER THE 2008 DISASTER RECOVERY PROGRAM TO THE CITY OF JACKSONVILLE TO THE MCCOYS CREEK POND D PROJECT, SUCH FUNDS HAVING BEEN APPROPRIATED IN ERROR TO THE MCCOY'S CREEK POND C PROJECT UNDER ORDINANCE 2010-438-E, AND CORRECTING THE PROJECT NAME WITHIN THE FORMER APPROPRIATION UNDER ORDINANCE 2010-438-E, AS INITIATED BY B.T. 12-037; PROVIDING 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 APPROPRIATE TO THE PROJECT ENTITLED "MCCOY'S CREEK POND D" THE FUNDS APPROPRIATED IN ERROR TO THE PROJECT ENTITLED "MCCOY'S CREEK POND C"; PROVIDING FOR AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

Recommend to AMEND and  APPROVE.

 

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

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3.    2012-91   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE, ALL DOCUMENTS RELATED TO THAT CERTAIN GOODBY'S CREEK PARK BOAT RAMP AND ACCESSORY DOCK SUBMERGED LAND LEASE, AND SUBSTANTIALLY SIMILAR RENEWALS THEREOF, BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, SUCH BEING A RENEWAL OF THAT AGREEMENT APPROVED IN RESOLUTION 2002-599-A AND RENEWED IN ORDINANCE 2007-0099-E, AND PROVIDING FOR A FIVE (5) YEAR TERM COMMENCING NOVEMBER 27, 2011; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

Recommend to APPROVE.

 

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

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4.    2012-92   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE CONSTRUCTION & MAINTENANCE AGREEMENT FOR THE PROJECT ENTITLED "IMPROVEMENTS ALONG CLAIRE LANE FROM SR 13 TO THE EAST END OF WALMART PROPERTY"; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

Recommend to APPROVE.

 

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

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5.    2012-93   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF SALTZMAN TERRACE, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN COUNCIL DISTRICT 2, CREATED BY DEDICATION TO DUVAL COUNTY, FLORIDA ON THE PLAT OF SALTZMAN TERRACE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19, PAGE 68 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF AVI AVNI SO AS TO ALLOW HIM TO EXPAND AND CLEAR THE TITLE TO THE RESIDENTIAL PROPERTY, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

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 - Anderson, Clark, Daniels, Gaffney, Love, Redman, ( 6 )

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6.    2012-94   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, LAWRENCE AVENUE, FOSTER AVENUE AND DRAKE AVENUE, UNOPENED AND UNIMPROVED RIGHTS-OF-WAY LOCATED NEAR THE INTERSECTION OF 1ST STREET AND MCDUFF AVENUE IN COUNCIL DISTRICT 9, ESTABLISHED VIA PLAT BOOK 11, PAGE 27 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF JACKSONVILLE ALLIANCE FOR KIPP SCHOOLS, INC. SO AS TO ALLOW FOR THE EXPANSION OF CHARTER SCHOOL FACILITIES; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

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

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7.    2012-96   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 NEW KINGS RAILROAD OVERPASS POND SITE LOCATED ON NEW KINGS ROAD, RE# 084140-0010, SO AS TO PLACE ENVIRONMENTAL RESTRICTIONS ON THE SITE; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

Recommend to APPROVE.

 

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

_____________________

 

8.    2012-102   AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE FAIR SHARE ASSESSMENT CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND LEM TURNER ROAD DEVELOPERS, LLC, A FLORIDA LIMITED LIABILITY COMPANY (CCAS# 34051) FOR A PROJECT KNOWN AS "THOMAS CREEK", CONSISTING OF 1087.6  ACRES LOCATED ON THE SOUTHWEST CORNER OF LEM TURNER ROAD AND PACE ROAD LOCATED IN DISTRICT 8, EXTENDING THE DURATION FIVE YEAR(S) AND MODIFYING THE USES PERMITTED UNDER THE CONTRACT CONSISTENT WITH THOSE SET FORTH IN THE THOMAS CREEK REGIONAL ACTIVITY CENTER, PURSUANT TO PART 3, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

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

_____________________

 

9.    2012-129   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE A PURCHASE AND LAND SWAP AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND JEA REGARDING REAL PROPERTY LOCATED IN CECIL COMMERCE CENTER, AND TO EXECUTE ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION BETWEEN THE CITY OF JACKSONVILLE AND JEA DESCRIBED THEREIN; RECOGNIZING THE EXEMPTION IN SECTIONS 122.421(B) AND 122.421(G), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 2/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 22, 2012

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 05, 2012

 

Recommend to AMEND and  APPROVE.

 

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

_____________________

 

 

2ND READINGS

 

10.    2012-147   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A RIGHT-OF-WAY FOR DRAINAGE ON HOOD ROAD JUST WEST OF ILAH ROAD, IN COUNCIL DISTRICT 5, ESTABLISHED BY PLAT OF LOURCEY'S FARMS, PLAT BOOK 24, PAGE 57 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CURTIS L. HART ON BEHALF OF COLLINS BUILDERS, LLC ("APPLICANT"), SUBJECT TO RESERVATION OF A DRAINAGE EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR DRAINAGE, SO AS TO ALLOW APPLICANT AND OTHER ADJACENT PROPERTY OWNERS TO EXTEND THEIR RESPECTIVE RESIDENTIAL PROPERTIES AND MAINTAIN THE DRAINAGE EASEMENT; PROVIDING AN EFFECTIVE DATE

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11.    2012-148   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF FLOSS AVENUE BETWEEN WILKIE LANE AND GRAYSON STREET, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN COUNCIL DISTRICT 12, ESTABLISHED VIA PLAT BOOK 5, PAGE 71 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF A. B. PONDER IN ORDER TO ALLOW HIM TO EXTEND HIS RESIDENTIAL PROPERTY; PROVIDING AN EFFECTIVE DATE

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12.    2012-152   AN ORDINANCE ACCEPTING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF, FOUR PARCELS OF PROPERTY (PARCEL 81 AT 12125 SAN JOSE BOULEVARD IN COUNCIL DISTRICT 6, PARCELS 112 AND 113 ON CABEZA ROAD IN COUNCIL DISTRICT 5, AND PARCEL 142 AT 6827 PHILLIPS PARKWAY DRIVE SOUTH IN COUNCIL DISTRICT 13) (COLLECTIVELY THE "PROPERTIES"), SURPLUS TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (THE "GRANTOR") AND OFFERED TO THE CITY WITH FIRST RIGHT OF REFUSAL, TO BE CONVEYED BY GRANTOR TO THE CITY OF JACKSONVILLE AT NO COST; PROVIDING AN EFFECTIVE DATE

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13.    2012-153   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF MULLINIKS RECYCLING, INC. FOR RENEWAL AND MODIFICATION OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A CONSTRUCTION AND DEMOLITION DEBRIS PROCESSING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE

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14.    2012-154   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF AACTION RECYCLING CORPORATION FOR RENEWAL AND MODIFICATION OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE

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