TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

October 14,2013

 

JIM LOVE, 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, October 14,2013. The meeting was called to order at 2:03 P.M. by Committee Chair Jim Love.  The meeting adjourned at 3:35 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                  

                      CM Jim Love, Chair                                                            Juliette Williams, Legislative Aide

                      CM Reggie Brown, Vice Chair                                             Kyle Billy, Asst. Auditor

                      CM Greg Anderson                                                           Paige Johnston, General Counsel

                      CM John Crescimbeni                                                        Jeff Clements, Chief of Research

                      CM Kimberly Daniels - Excused                                         Margo Klosterman, Administration

                      CM Stephen Joost

                      CM Matt Schellenberg                                                       

                                                                                                                                                        

 

 

 

 

Others in Attendance:

 

Janet Whitmill (13-608)

Lauren Scheible (13-608)

 

 

 

 

 

 

 

 

 

 

 

1.    2013-602   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, AN AGREEMENT WITH THE JACKSONVILLE TRANSPORTATION AUTHORITY REGARDING DOWNTOWN BUS RAPID TRANSIT PUBLIC IMPROVEMENTS; TO REQUEST AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT AND THE OFFICE OF GENERAL COUNSEL TO TAKE ALL NECESSARY ACTION IN CONNECTION WITH THIS LEGISLATION TO CREATE, AMEND AND/OR MODIFY THE APPLICABLE PERMIT(S) TO BE ISSUED AND APPROVED BY THE PUBLIC WORKS DEPARTMENT AND PROVIDING OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 9/16/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 17, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Joost, Love, Schellenberg, ( 6 )

_____________________

 

2.    2013-558   AN ORDINANCE APPROPRIATING $53,000 FROM THE ENVIRONMENTAL PROTECTION FUND TO PROVIDE FUNDING FOR THE EDUCATIONAL AND OUTREACH ACTIVITIES OF THE ENVIRONMENTAL PROTECTION BOARD (THE "EPB") AND TO ALLOW EPB TO PAY TRAINING COSTS, MEMBERSHIP FEES, AND CATERING CHARGES INCURRED AT THE ANNUAL EPB SYMPOSIUM LUNCHEON, AS INITIATED BY B.T. 13-087; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2015-2016; WAIVING CONFLICTING PROVISIONS OF SECTIONS 106.203(B) (EXPENDITURE OF PUBLIC FUNDS) AND 360.602 (USES OF FUND), ORDINANCE CODE; PROVIDING FOR OVERSIGHT BY THE NEIGHBORHOODS DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 04, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Love, ( 4 )

 

NAYS - Joost, Schellenberg, ( 2 )

_____________________

 

3.    2013-563   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; RENAMING A SEGMENT OF FLAG STREET LOCATED NORTH OF KINGS ROAD IN COUNCIL DISTRICT 9 TO  "KINGS PARK DRIVE"; DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

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, Brown, Crescimbeni, Joost, Love, Schellenberg, ( 6 )

_____________________

 

4.    2013-605   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF US ROOF RECYCLE, LLC FOR AN INITIAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) FOR THE US ROOF RECYCLE, LLC ASPHALT SHINGLE RECYCLING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBITS; PROVIDING AN EFFECTIVE DATE; 9/16/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

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, Brown, Crescimbeni, Joost, Love, Schellenberg, ( 6 )

_____________________

 

5.    2013-608   AN ORDINANCE CLOSING AND ABANDONING AND/OR DISCLAIMING A PORTION OF PHYLLIS STREET, A PLATTED, OPENED, AND IMPROVED RIGHT-OF-WAY IN RIVERSIDE GARDENS AS RECORDED AND ESTABLISHED IN PLAT BOOK 3, PAGE 67, DATED MARCH 23, 1910, IN THE PUBLIC RECORDS OF DUVAL COUNTY, IN COUNCIL DISTRICT 9, AT THE REQUEST OF TOM NEHL TRUCK COMPANY (THE "APPLICANT") TO EXPAND ITS LIGHT INDUSTRIAL PROPERTY FOR A SITE IMPROVEMENT PROJECT TO PROVIDE SECURE ACCESS TO ADJOINING PARCELS, SUBJECT TO RESERVATION UNTO THE CITY OF JACKSONVILLE AND JEA OF EASEMENTS OVER THE RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE; 9/16/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

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, Brown, Crescimbeni, Joost, Love, Schellenberg, ( 6 )

_____________________

 

6.    2013-674   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION AND ASSOCIATED ROADWAY MARKERS; ESTABLISHING AN HONORARY STREET DESIGNATION ON A SEGMENT OF HAMILTON CIRCLE EXTENDING FROM CLEVELAND ROAD TO VERNON ROAD IN JACKSONVILLE FOR VAN D. JENKINS; PROVIDING FOR THE INSTALLATION OF TWO HONORARY ROADWAY MARKERS TO BE LOCATED IN APPROPRIATE LOCATIONS ON THE DESIGNATED ROADWAY IN COUNCIL DISTRICT 10; HONORING THE LIFE AND LEGACY OF VAN D. JENKINS AND RECOGNIZING THE ACHIEVEMENTS OF VAN D. JENKINS; 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; PROVIDING AN EFFECTIVE DATE; 9/30/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

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 - Crescimbeni, Joost, Love, Schellenberg, ( 4 )

_____________________

 

7.    2013-554   AN ORDINANCE AMENDING SECTION 220.102 (DEFINITIONS), PART 1 (GENERAL PROVISIONS), CHAPTER 220 (VEHICLES FOR HIRE), ORDINANCE CODE, TO MODIFY THE DEFINITIONS OF "LIMOUSINE" AND "PRE-ARRANGED CONTRACTUAL CARRIER"; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 14, 2013

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Anderson, Brown, Joost, Love, Schellenberg, ( 5 )

 

NAYS - Crescimbeni, ( 1 )

_____________________

 

 

2ND READINGS

 

8.    2013-683   AN ORDINANCE REFORMING THE CITY OF JACKSONVILLE GOVERNMENT RELATING TO THE MAINTENANCE OF RIGHT OF WAY, CITY OWNED LANDSCAPING AND MOWING; CONSOLIDATING RESPONSIBILITY FOR SUCH ACTIVITIES WITHIN ONE DIVISION CREATING A NEW DIVISION WITHIN PUBLIC WORKS, THE DIVISION OF MOWING AND MAINTENANCE, AND AMENDING VARIOUS PROVISIONS OF THE ORDINANCE CODE PURSUANT TO CHAPTER 21 (EXECUTIVE BRANCH, GENERALLY), PART 2 (EXECUTIVE REORGANIZATION), ORDINANCE CODE; AMENDING CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE, TO REMOVE LANDSCAPE MAINTENANCE AND MOWING FROM THE RIGHT OF WAY DIVISION; CREATING A NEW PART 8 (MOWING AND MAINTENANCE DIVISION), CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE, TO PERFORM SUCH DUTIES EXCLUSIVELY; PROVIDING FOR TRANSITION; PROVIDING FOR CODIFICATION; AUTHORIZING THE COUNCIL AUDITOR'S AND GENERAL COUNSEL'S OFFICE TO MAKE TECHNICAL AMENDMENTS; PROVIDING AN EFFECTIVE DATE

_____________________

 

9.    2013-686   AN ORDINANCE DESIGNATING THE JACKSONVILLE GOLF AND COUNTRY CLUB SUBDIVISION AS A GOLF CART COMMUNITY PURSUANT TO SECTION 316.212, FLORIDA STATUTES; DESIGNATING BIGGIN CHURCH ROAD S., BIGGIN CHURCH ROAD W., BRAMPTON ISLAND COURT N., BRAMPTON ISLAND COURT S., CAMDEN ISLAND COURT, CATTAIL POND CIRCLE S., CATTAIL POND CIRCLE N., CATTAIL POND CIRCLE W., CATTAIL POND DRIVE, CHARTER HOUSE DRIVE, CHICORA WOOD PLACE, COOPERS LAKE ROAD, CRICKET COVE ROAD, CRICKET COVE ROAD E., DRAYTON MILL COURT, EASON ISLAND COURT, FENWICK ISLAND COURT, FENWICK ISLAND DRIVE, FIDDLERS CREEK ROAD, FIDDLERS CREEK ROAD W., HUNT CLUB ROAD, HUNT CLUB ROAD N., HUNTLEY MANOR DRIVE, JEBB ISLAND CIRCLE E., JEBB ISLAND CIRCLE S., JEBB ISLAND CIRCLE W., JOHNS ISLAND COURT, LITTLETON BEND COURT, LITTLETON BEND ROAD, MALLARD POND COURT, MICHAELS LANDING CIRCLE N., MICHAELS LANDING CIRCLE E., NIGHT HERON COURT, PAWLEY ISLAND COURT, PINCKNEY ISLAND COURT, PLANTERS CREEK CIRCLE E., PLANTERS CREEK CIRCLE S., PLANTERS CREEK CIRCLE W., QUAILBROOK DRIVE, QUINBY ISLAND COURT, SALTMEADOW COURT, SANDWEDGE COURT, SUMMIT CREEK ROAD, VICKERS LAKE COURT, VICKERS LAKE DRIVE, WEXFORD HOLLOW N., WEXFORD HOLLOW W., WEXFORD HOLLOW E., AND WICKLOW MANOR AS APPROPRIATE FOR USE BY GOLF CARTS, SUBJECT TO CONDITIONS HEREIN;  FINDING THAT GOLF CARTS MAY SAFELY TRAVEL ON OR ACROSS THE PRIVATE RIGHTS-OF-WAY NAMED HEREIN; DIRECTING POSTING OF SIGNS INDICATING THAT GOLF CART OPERATION IS PERMITTED ON THE PRIVATE RIGHTS-OF-WAY NAMED HEREIN, SUBJECT TO PAYMENT BY THE JGCC PROPERTY OWNERS ASSOCIATION, INC.; PROVIDING AN EFFECTIVE DATE

_____________________

 

10.    2013-688   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING AN EASEMENT FOR INGRESS AND EGRESS (THE "EASEMENT") IN DAVIS CREEK BUSINESS PARK AS RECORDED AND ESTABLISHED IN PLAT BOOK 48, PAGE 47B, DATED DECEMBER 22, 1993, IN THE PUBLIC RECORDS OF DUVAL COUNTY, IN COUNCIL DISTRICT 13, AT THE REQUEST OF WILLIAM E. POWELL (THE "APPLICANT") IN ORDER TO RETURN THE APPLICANT'S PROPERTY, WHICH IS ZONED LIGHT INDUSTRIAL, TO PRIVATE USE; PROVIDING AN EFFECTIVE DATE

_____________________

 

11.    2013-689   AN ORDINANCE REGARDING HONORARY STREET DESIGNATIONS AND ASSOCIATED ROADWAY MARKERS; ESTABLISHING AN HONORARY STREET DESIGNATION BEGINNING AT THE INTERSECTION OF ODESSA STREET AND A. PHILIP RANDOLPH BOULEVARD EXTENDING TO THE INTERSECTION OF ODESSA STREET AND BRIDIER STREET IN JACKSONVILLE FOR BISHOP NICK SHEFFIELD HIGHTOWER, SR.; PROVIDING FOR THE INSTALLATION OF AN HONORARY ROADWAY MARKER TO BE LOCATED IN AN APPROPRIATE LOCATION ON THE DESIGNATED ROADWAY IN COUNCIL DISTRICT 7; HONORING THE LIFE AND LEGACY OF BISHOP NICK SHEFFIELD HIGHTOWER, SR., AND RECOGNIZING THE ACHIEVEMENTS OF BISHOP NICK SHEFFIELD HIGHTOWER, SR.; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, ORDINANCE CODE (ADDRESSING AND STREET NAMING REGULATIONS); DIRECTING LEGISLATIVE SERVICES TO FORWARD THE ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE

_____________________

 

12.    2013-690   AN ORDINANCE RENAMING COMMERCE STREET EXTENDING FROM ROGERO ROAD TO WESTDALE DRIVE TO "LIONS CLUB WAY", IN COUNCIL DISTRICT 7; WAIVING THE REQUIREMENTS OF SECTION 745.105 (g), ORDINANCE CODE, REGARDING THE REQUIREMENT THAT ALL STREET NAME CHANGES SHALL BE FOR THE ENTIRE LENGTH OF THE STREET NAME; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE

_____________________

 

13.    2013-692   AN ORDINANCE APPROPRIATING $600,000.00 FROM THE OLD KINGS ROAD LANDFILL MITIGATION ACCOUNT TO FUND U.S. 1 WATER SEWER IMPROVEMENTS WITHIN THE RIGHT OF WAY OF NEW KINGS ROAD, U.S. 1 BETWEEN TROUT RIVER BOULEVARD ON THE NORTH AND BORDEN STREET ON THE SOUTH; AMENDING THE 2013-2017 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2013-465-E TO ADD THE PROJECT ENTITLED "U.S. 1 WATER SEWER IMPROVEMENTS" TO THE 2013/2014 FISCAL YEAR; PROVIDING FOR OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2014-2015; PROVIDING AN EFFECTIVE DATE

_____________________

 

14.    2013-693   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE EASEMENT AGREEMENTS BY WHICH VARIOUS UPLAND PROPERTY OWNERS (THE "UPLAND OWNERS") GRANT TO THE CITY OF JACKSONVILLE ("CITY") EASEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF PORTIONS OF THE SOUTHBANK RIVERWALK AND FOR AND ACCESS IN, OVER, UNDER, UPON AND THROUGH PROPERTY OWNED BY THE UPLAND OWNERS AND LOCATED IN COUNCIL DISTRICT 4; AUTHORIZING THE MAYOR TO MAKE TECHNICAL CHANGES TO THE EASEMENTS; DESIGNATING THE DEPARTMENT OF PARKS AND RECREATION AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE

_____________________

 

15.    2013-694   AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER AMENDMENT NUMBER 12 TO THE LEASE BETWEEN THE CITY OF JACKSONVILLE AND THE JACKSONVILLE JAGUARS, LLC., (AMENDMENT No. 12)WHICH AMENDMENT NO. 12 PROVIDES FOR THE DESIGN, CONSTRUCTION, OWNERSHIP, USE, MANAGEMENT, OPERATIONS, COSTS, AND FINANCING OF THE NORTH END ZONE ("NEZ") AND VIDEO BOARD IMPROVEMENTS, AS DEFINED IN AMENDMENT NO. 12 AT EVERBANK STADIUM (THE "PROJECT"); AUTHORIZING THE BORROWING AND APPROPRIATION OF $43,109,000.00 IN FUNDING FROM THE CITY'S COMMERCIAL PAPER FACILITY IN ORDER TO PROVIDE FUNDING FOR THE PROJECT; WAIVING CHAPTER 656 (ZONING CODE) PART 13 (SIGN REGULATIONS), SUBPART B (DOWNTOWN SIGN OVERLAY ZONE), ORDINANCE CODE; WAIVING PROVISIONS OF CHAPTER 126, ORDINANCE CODE, WITH RESPECT TO THE NEZ AND VIDEO BOARD IMPROVEMENTS, WITH THE EXCEPTION OF THE JSEB PROGRAM, AND TO ALLOW THE CITY TO DIRECTLY PURCHASE CERTAIN ITEMS SPECIFIED IN AMENDMENT NO. 12 TO LEASE; WAIVING SECTION 122.811(A), ORDINANCE CODE, SO AS TO ALLOW JJL TO DISPOSE OF AND SELL SURPLUS TANGIBLE PROPERTY AS IT CONSTRUCTS THE PROJECT; ESTABLISHING REQUIREMENTS FOR ITEMS TO BE PURCHASED; WAIVING CERTAIN PROVISIONS OF SECTION 320.409, ORDINANCE CODE, FOR CONSTRUCTION RELATED PERMITTING FEES;PROVIDING ORDINANCE TO CONSTRUED IN ACCORDANCE WITH ORDINANCE 2010-493-E; PROVIDING FOR OVERSIGHT BY THE OFFICE OF ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and REREFER to the Committee(s).

 

AYES - Crescimbeni, Joost, Love, Schellenberg, ( 4 )

_____________________