TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

June 03,2013

 

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, June 03,2013. The meeting was called to order at 2:05 P.M. by Committee Chair Greg Anderson.  The meeting adjourned at 3:33 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                      CM Greg Anderson, Chair                                                   Philip Zamarron, Legislative Aide

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

                      CM Reggie Brown            - Arrived at 2:22                         Paige Johnston, General Counsel

                      CM Ray Holt                                                                       John Jackson, Chief of Research

                      CM Robin Lumb                                                                  Michelle Barthl, Administration

                      CM Matt Schellenberg                                                       

                                                                                                                                                        

 

 

 

 

Others in Attendance:

 

Usha Mohan, Chief of ITD (13-303)

Jeff Foster, PW, Solid Waste (13-294, 302 & 311)

Steve Long, PW (13-249)

Wayne Wood (13-249)

Marquise Hardrick (13-296)

Janet Whitmall (13-300)

Christal Fish (13-301)

Karen Nasrallah, OED (13-288)

John Jones, Real Estate (13-296)

 

 

 

 

1.    2013-303   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE AGREEMENT REGARDING THE INTEROPERABLE P25 RADIO SYSTEM BETWEEN JEA AND THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to APPROVE.

 

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

_____________________

 

2.    2013-249   AN ORDINANCE APPROPRIATING $2,000,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND REAPPROPRIATING $2,280,194.14 IN EXISTING FUNDS FROM THE NORTHBANK RIVERWALK RENOVATIONS PROJECT SO AS TO PROVIDE FUNDING IN THE AMOUNT OF $4,870,194.14 FOR THE NEW ARTIST WALK EXTENSION PROJECT, AS INITIATED BY B.T. 13-052; PROVIDING FOR A CARRYOVER OF FUNDS TO SUBSEQUENT FISCAL YEARS; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY (1)THE REIMBURSEMENT AGREEMENT AND (2) THE AGREEMENT FOR CONSTRUCTION & MAINTENANCE OF IMPROVEMENTS, BOTH BETWEEN THE CITY  OF JACKSONVILLE AND FDOT; AMENDING THE 2012-2017 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2012-434-E TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECT ENTITLED "NBRW - ARTIST WALK EXT." AND REDUCING FUNDING FOR THE PROJECT ENTITLED "NORTHBANK RIVERWALK RENOVATIONS"; PROVIDING AN EFFECTIVE DATE; 5/6/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 07, 2013

 

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

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: May 07, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to AMEND and  APPROVE.

 

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

 

NAYS - Schellenberg, ( 1 )

_____________________

 

3.    2013-288   AN ORDINANCE PERTAINING TO THE POPE AND LAND ENTERPRISES, INC. ("P&L") PROJECT AS DESCRIBED IN ORDINANCE 2012-703-E; AUTHORIZING THE CITY'S PURCHASE OF R.E. #089068-0000 (THE "FDOT PARCEL"), A PARCEL OF LAND LOCATED AT THE CORNER OF JACKSON STREET AND MAY STREET IN THE BROOKLYN AREA IN COUNCIL DISTRICT 9, FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE FDOT-APPRAISED VALUE OF $165,400 ("PURCHASE PRICE") PLUS CLOSING COSTS, WHICH PROPERTY IS LOCATED ADJACENT TO THE PROPOSED P&L RETAIL DEVELOPMENT PROJECT AND IS NECSSARY FOR THE DEVELOPMENT OF SUCH PROJECT, AND AUTHORIZING THE SUBSEQUENT CONVEYANCE OF THE FDOT PARCEL BY THE CITY TO P&L JAX RIVERSIDE, L.P. ("DEVELOPER"), A SUBSIDIARY OF P&L, FOR THE CITY'S PURCHASE PRICE PLUS THE REIMBURSEMENT OF ALL CITY PURCHASE AND SALE COSTS; APPROPRIATING $180,000 FROM ACCOUNT JXSF181-04939 FOR THE PURCHASE AND RE-SALE OF THE FDOT PARCEL INCLUDING CLOSING COSTS; PROVIDING FOR THE REVERSION OF ANY UNSPENT FUNDS TO THE ACCOUNT OF ORIGIN AND PLACEMENT OF THE FDOT PARCEL SALES PROCEEDS IN THE ACCOUNT OF ORIGIN; DECLARING CITY-OWNED PARCEL R.E. #089020-0000 LOCATED ON MAGNOLIA STREET BETWEEN STONEWALL STREET AND LEILA STREET, IN COUNCIL DISTRICT 9 ("SURPLUS PARCEL"), AS SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE SALE OF THE SURPLUS PROPERTY TO DEVELOPER AT ITS APPRAISED VALUE PLUS ALL CITY CLOSING COSTS, FOR USE BY THE DEVELOPER IN CONNECTION WITH THE PROJECT; RESERVING UNTO THE CITY AND JEA AN ALL UTILITIES EASEMENT OVER THE SURPLUS PROPERTY; CLOSING AND ABANDONING AND/OR DISCLAIMING A PORTION OF MAY STREET BETWEEN STONEWALL AND LEILA STREETS ("CLOSURE PARCEL") AT THE REQUEST OF DEVELOPER, TO BE USED IN CONNECTION WITH THE PROJECT, AND RESERVING AN ALL UTILITIES EASEMENT OVER THE CLOSURE PARCEL; STATING THE PURPOSE OF THE ROAD CLOSURE; PROVIDING THAT THE PROPOSED CONVEYANCES TO DEVELOPER ARE SUBJECT TO COMPLIANCE WITH THE REQUEST FOR PROPOSAL PROCEDURES UNDER SECTION 163.380, FLORIDA STATUTES, WHERE APPLICABLE; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS AND TECHNICAL AMENDMENTS; AMENDING THE 2012-2017 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2012-434-E TO PROVIDE FUNDING FOR THE PROJECT ENTITLED "POPE & LAND - LAND SALE"; PROVIDING A CARRYOVER OF FUNDS INTO SUBSEQUENT FISCAL YEARS; PROVIDING A DEADLINE FOR EXECUTION OF AGREEMENTS BY THIRD PARTIES; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 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, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

4.    2013-294   AN ORDINANCE IN CONFORMANCE WITH SECTION 108.505, ORDINANCE CODE, AND ORDINANCE 2012-604-E; APPROVING AN AMENDMENT TO THE ENGAGEMENT AGREEMENT WITH FINGER & NELSON, PLLC, SPECIAL COUNSEL TO THE CITY REGARDING CITY ENVIRONMENTAL ISSUES IN COMPLIANCE WITH THE STATE AND FEDERAL CONSENT ORDERS IE. ASH AND FORMERLY CLOSED LANDFILLS; APPROPRIATING $50,000 FROM PUBLIC WORKS ACCOUNT PWSW442CA TO PUBLIC WORKS PROFESSIONAL SERVICE ACCOUNT PWSW442CA-03109 FOR THE CONTINUED ENGAGEMENT; PROVIDING FOR A REVERTER OF FUNDS; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

5.    2013-295   AN ORDINANCE APPROPRIATING $27,410 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND TO PLANT 108 TREES AROUND TWO RETENTION PONDS LOCATED AT 8023 AND 8136 SHRIKE AVENUE JACKSONVILLE, FLORIDA 32210, IN COUNCIL DISTRICTS 10; PROCUREMENT DIRECTIVE UTILIZING THE CONTINUING CONTRACT OF DAVEY TREE SERVICE; PROVIDING FOR THE PUBLIC WORKS DEPARTMENT TO OVERSEE THE PROJECT; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

6.    2013-296   AN ORDINANCE DECLARING PART OF R.E.# 029911-0000, A PARCEL ACQUIRED BY THE CITY IN 1998 AS PART OF THE S LINE RAILS-TO-TRAILS LINEAR PARK PROJECT, IN COUNCIL DISTRICT 7, TO BE SURPLUS TO THE NEEDS OF THE CITY; RECOGNIZING DISPOSITION OF THE SUBJECT PARCEL BY DIRECT SALE TO CENTRAL METROPOLITAN CHRISTIAN METHODIST CHURCH FOR THE APPRAISED VALUE OF $5,900 PURSUANT TO SECTION 122.423 (APPRAISAL AT OR BELOW $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

7.    2013-300   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING A 200 FOOT LONG PORTION OF A 60 FOOT WIDE PLATTED RIGHT-OF-WAY (ROSSELLE STREET)  IN RIVERSIDE GARDENS, ESTABLISHED VIA PLAT BOOK 3, PAGE 67, DATED MARCH 23, 1910, IN THE PUBLIC RECORDS OF DUVAL COUNTY, IN COUNCIL DISTRICT 9, AT THE REQUEST OF 440 EDGEWOOD, LLC (THE "APPLICANT") TO ENHANCE THE SECURITY OF APPLICANT'S PROPERTY, SUBJECT TO RESERVATION UNTO 1) CITY AND JEA OF AN ALL UTILITIES EASEMENT AND 2) FLORIDA DEPARTMENT OF TRANSPORTATION, JACKSONVILLE TRANSPORTATION AUTHORITY, AND CLEAR CHANNEL OUTDOOR, INC. OF AN INGRESS AND EGRESS EASEMENT; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 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, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

8.    2013-301   AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY AN INGRESS AND EGRESS EASEMENT GRANTING TO ZERO GRANT ROAD, LLC, A LANDLOCKED PROPERTY OWNER, THE RIGHT OF INGRESS AND EGRESS OVER AND THROUGH A PORTION OF PINE FOREST PARK IN COUNCIL DISTRICT 9; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: May 21, 2013

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

9.    2013-302   AN ORDINANCE CONCERNING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY GRANTED TO BAYARD ONE, LLC BY ORDINANCE 2012-643-E; AMENDING ORDINANCE 2012-643-E BY AMENDING THE OPERATING HOURS PROVISION OF SPECIFIC CONDITION 12 IN EXHIBIT 1 THEREOF; MAKING NO OTHER CHANGES TO ORDINANCE 2012-643-E; PROVIDING AN EFFECTIVE DATE; 5/20/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 03, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

10.    2013-354   AN ORDINANCE APPROPRIATING $1,826,684.91 IN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME TO 1) NORTHWEST JACKSONVILLE COMMUNITY DEVELOPMENT CORPORATION (NORTH POINTE PROJECT BUILD-OUT) ($400,000), 2) LIMITED REPAIR PROGRAM ($225,684.91), 3) UTILITY TAP-IN PROGRAM ($110,000), 4) EMERGENCY SERVICES HOMELESS COALITION (JACKSONVILLE DAY RESOURCE CENTER PROJECT) ($120,000), AND 5) CLARA WHITE MISSION, INC. (BEAVER STREET VILLAS PHASE II) ($971,000) AS INITIATED BY B.T. 13-069; PROVIDING FOR THE APPROPRIATION OF PROGRAM INCOME IN ACCORDANCE WITH 24 CFR 570.504; PROVIDING FOR PURPOSE; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE ORIGINATING STATE OR FEDERAL PROGRAM GRANT; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER DOCUMENTS AND TO TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSES OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE

 

Recommend to WITHDRAW.

 

AYES - Anderson, Brown, Holt, Love, Lumb, Schellenberg, ( 6 )

_____________________

 

 

2ND READINGS

 

11.    2013-353   AN ORDINANCE APPROPRIATING $2,163,180 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PURSUANT TO SUPPLEMENTAL AGREEMENT NO. 1 TO THE COUNTY INCENTIVE GRANT PROGRAM BETWEEN FDOT AND THE CITY FOR ROADWAY IMPROVEMENTS TO HAMMOND BOULEVARD BETWEEN CRYSTAL SPRINGS ROAD AND RAMONA BOULEVARD, AS INITIATED BY B.T. 13-051; PROVIDING FOR A CARRYOVER OF FUNDS TO SUBSEQUENT FISCAL YEARS UNTIL COMPLETION OF THE PROJECT; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY SUPPLEMENTAL AGREEMENT NO. 1 TO THE COUNTY INCENTIVE GRANT PROGRAM AGREEMENT BETWEEN FDOT AND THE CITY; AMENDING THE 2012-2016 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2012-434-E TO INCREASE FUNDING FOR THE PROJECT ENTITLED "HAMMOND BLVD-CRYSTL SPGS TO RAMONA"; PROVIDING AN EFFECTIVE DATE

_____________________

 

12.    2013-355   AN ORDINANCE APPROVING, IN ACCORDANCE WITH SECTION 122.421, ORDINANCE CODE, THE CONVEYANCE TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) OF A PERPETUAL DRAINAGE EASEMENT IN AN EXISTING DRAINAGE SYSTEM WHICH CARRIES STORM WATER THROUGH THE AREA OF HAMILTON STREET AND JERSEY STREET IN THE VICINITY OF FREMONT STREET IN COUNCIL DISTRICT 9 BEFORE FLOWING UNDER ROOSEVELT BOULEVARD AND INTO THE ORTEGA RIVER; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A PERPETUAL DRAINAGE EASEMENT AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY THE PERPETUAL DRAINAGE EASEMENT TO FDOT; PROVIDING AN EFFECTIVE DATE

_____________________

 

13.    2013-356   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH SECTION 122.421, ORDINANCE CODE, TWO (2) TEMPORARY EASEMENTS AND EIGHT (8) PERPETUAL EASEMENTS IN, OVER, AND UNDER CITY OF JACKSONVILLE PARCELS ALONG DUNN AVENUE AND BUSCH DRIVE IN COUNCIL DISTRICTS 7 AND 8 FOR THE CONSTRUCTION AND MAINTAINENANCE OF TRAFFIC SIGNAL LOOPS, PEDESTRIAN POLES, AND SIGNAL EQUIPMENT  AND THE HARMONIZATION OF DRIVEWAYS AND WALKWAYS; PROVIDING AN EFFECTIVE DATE

_____________________

 

14.    2013-357   AN ORDINANCE AUTHORIZING THE MAYOR OR DESIGNEE AND CORPORATION SECRETARY TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF ATLANTIC BEACH PROVIDING FOR THE RESPONSIBILITIES OF EACH JURISDICTION WITH RESPECT TO THE SELVA RESIDENTIAL DEVELOPMENT AND GOLF COURSE; WAIVING THE PROVISIONS OF CHAPTER 320, 654, 655 AND 656, ORDINANCE CODE, AS CITY OF ATLANTIC BEACH WILL BE RESPONSIBLE FOR PLATTING, CONCURRENCY AND MOBILITY FEES, AND BUILDING PERMITTING AND ZONING CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE

_____________________

 

15.    2013-358   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION AND ASSOCIATED ROADWAY MARKERS; ESTABLISHING AN HONORARY STREET DESIGNATION ON A SEGMENT OF 5TH STREET EAST EXTENDING FROM THE INTERSECTION OF LIBERTY STREET TO THE INTERSECTION OF WALNUT STREET IN JACKSONVILLE FOR CARLON FREELOVE ROBINSON PROVIDING FOR THE INSTALLATION OF TWO HONORARY ROADWAY MARKERS TO BE LOCATED IN APPROPRIATE LOCATIONS ON THE DESIGNATED ROADWAY IN COUNCIL DISTRICT 7; HONORING THE LIFE AND LEGACY OF CARLON FREELOVE ROBINSON, AND RECOGNIZING THE ACHIEVEMENTS OF CARLON FREELOVE ROBINSON; 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

_____________________