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OFFICE OF
CITY COUNCIL COUNCIL AGENDA OF JUNE 27, 2017 |
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BRIEF
SUMMARIES OF AMENDMENTS and SUBSTITUTES |
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Compiled by: Research Division |
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Full text of amendments and substitutes
available via Legislative Bill Search system at http://cityclts.coj.net/coj/cojBillSearchNew.asp?type=PL |
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16-805 |
Amendment |
(Rezoning 2629 Loretto Rd.
- RR-Acre to PUD) LUZ: Per OGC, approves the
rezoning subject to conditions: (1) The 30 foot wide access to Loretto Road shall be
eliminated; site plan shall be amended prior to Council approval to reflect
this change. (2) A Phase I Environmental Impact Study shall be prepared by
the owner, applicant or developer and submitted to the Planning and Development
Department at the time of Verification of Substantial Compliance. (3) A traffic study subject to the review and approval of the
Transportation Planning Division shall be conducted by a professional traffic
engineer. A methodology meeting shall be held with the City Traffic Engineer
prior to the commencement of the study. (4) The existing 16 foot pavement of County Dock Road from
Loretto Road to Mandarin Road, shall be converted to a one way access in a
northerly direction, from Loretto Road to Mandarin Road. The developer/applicant shall provide the
signage and striping on the roadway for one way travel. Such requirements shall be stated in the
private governance documents for the development. The pavement shall be striped so that there
is vehicular traffic and a bike lane on the pavement, with approximately a 10
foot width for the vehicles, and a 5 foot width bike lane, with a double
stripe to separate and denote a bike path.
This condition is subject to the review and approval of the City
Traffic Engineer, and shall be reflected in the Revised Written Description
prior to City Council approval. (5) All trees of 24 inches diameter breast height (24” d.b.h.)
shall remain. If such a described tree
must be removed, it shall be replaced inch for inch (1:1) with a Live Oak
(Quercus virginiana) on the Property.
Additionally, if any tree noted to remain dies within 2 years, that
tree shall also be replaced on a 1:1 basis with a Live Oak. (6) Prior to requesting a final building inspection or
occupying the facility in any manner, the owner, applicant or developer shall
submit to the Planning Department separate certification letters confirming
that all horizontal and vertical components of the development have been
substantially completed, and all conditions to the development order have
been satisfied. This condition shall apply to both phased and non-phased
developments. Attaches Revised Exhibit 3
(revised written description); attaches Revised Exhibit 4 (revised site
plan). |
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16-810 |
Amendment |
(Approving Waiver of
Minimum Road Frontage at 3514 Rosemary St.):
Per OGC, approves division of one lot into two and approves a frontage
waiver on lot 1 down to 10 feet; lot 2 must remain with 87 feet of frontage. The
waiver is conditioned on the site plan attached as Exhibit 2 and on the
waiver being recorded in the public record; attaches Exhibit 2 (site plan). |
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17-227 |
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(Rezoning Property on west
side of Fouraker Rd and south of Lenox Ave - PUD to PUD): Per OGC, approves the rezoning subject to
conditions: LUZ: (1) At the time of PUD
verification of Substantial Compliance, the Applicant shall submit a traffic
signage and striping plan for the project access at Fouraker Road to the
Department of Public Works for review and approval by the Department. (2) A minimum of 27 lots
within the PUD will have homes with brick or stone accents on at least the
front of the house. At least 10 homes
among lots 1 through 6, and 95 through 105 will have this feature. These will count toward the 27 requirement.
Furthermore, no homes will be allowed to be constructed with vinyl siding on
any sides of the home. (3) Along Fouraker Road, a
buffer will be constructed consisting of brick columns, a 2-foot high brick
knee wall, and fencing as shown on the rendering and elevation attached as
Exhibit 5. Furthermore, vinyl or wood
fencing will be located along other portions of the project perimeter as
shown on the site plan and the PVC material cut sheet attached as Exhibit 6. Attaches Revised Exhibit 3
(revised written description); attaches Revised Exhibit 4 (revised site plan);
attaches Exhibit 5 (drawing of fence on Fouraker Rd); attaches Exhibit 6
(site plan showing the location of the 3 fencing types and the fencing
materials). Floor (Carter): adds a
condition that the fence along a portion of the north property line shall be
8 feet in height as shown on the Second Revised Site Plan; adds a condition
that homes on lots 99 – 102 are limited
to one story in height and a restriction to this effect must be added to the
Declaration of Covenants and Restrictions for the development; attaches
Second Revised Exhibit 3 (second revised written description); attaches Second
Revised Exhibit 4 (second revised site plan); deletes the Effective Date
section and provides that the effective date is delayed until the Second
Revised Site Plan and Second Revised Written Description are received by the
Office of General Counsel and determined to be consistent with these
conditions, after which the legislation may be signed by the Council
President and Council Secretary. |
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17-245 |
Amendment |
(Amending Zoning Code
regarding requirements for off-street parking of bicycles): Revises select
categories (private clubs; full-service restaurants; fast food restaurants;
bowling alleys and billiard parlors; stadiums and arenas; community centers,
meeting rooms and auditoriums; public, private and commercial parks,
campgrounds, recreational areas/facilities and fitness centers) to base bike
parking requirements on percentage of building occupancy rather than maximum
expected attendance. |
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17-351 |
Amendment |
(Approving comprehensive
settlement of denial of road frontage waiver request – Dixie Landing Drive):
changes bill sponsor to Council President at the request of the Mayor; corrects
scrivener’s error in Florida Statutes reference
in bill; attaches revised Exhibit 1 (revised agreement) to correct F. S.
references, scrivener’s error and strike water and sewer from essential
services. |
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17-352 |
Amendment |
(Amending Ordinance Code to
Create New Parks, Rec & Community Services Trust Fund and to Create a New
Parks Partnership Program) NCIS: makes technical
amendments; requires that an assistant general counsel or higher approve
contracts before execution; removes prohibition against single park
enhancements exceeding $100,000; clarifies that Council must approve CIP
amendments for improvements exceeding $100,000; requires quarterly memo from
Parks Department to City Council listing program donations in excess of
$10,000; attaches Revised Exhibit 2 (revised policies). Floor (Boyer): provides
that contacts with outside entities shall be reviewed and approved by the
Office of General Counsel (strikes “assistant general counsel in”); provides
that no single enhancement shall exceed $100,000 without Council approval;
corrects scrivener’s errors; adds a requirement for the Department of Parks,
Recreation and Community Services to submit a quarterly memorandum to the
Council listing any program-related donations received in excess of $100,000;
attaches Second Revised Exhibit 2 (second revised policies). |
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17-355 |
Amendment |
(Rezoning 14443 San Pablo
Dr - PUD to PUD): Per OGC, attaches Revised Exhibit 3 (revised written
description); attaches Revised Exhibit 4 (revised site plan). |
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17-370 |
Amendment |
(Amending Medical Examiner’s
fee schedule): Clarifies that approval of fees is pursuant to Code Sec. 124.103; reduces increased revenue
amount by $2000; attaches Revised Exhibit 1 (current and proposed fee
schedules). |
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17-371 |
Amendment |
(Appropriating $2,062,000
to the Betz - Tiger Point - Phase I Master
Plan Project and to replenish funding taken from the 9A Baymeadows Park Project):
reduces amount appropriated from completed capital projects by $351,774.25
and provides for allocation of $58,809.94 from investment pool earnings and a
transfer of $292,964.31 from General Fund/GSD fund balance; attaches Revised
Exhibit 1 (revised BT); attaches Revised Exhibit 2 (revised CIP sheets). |
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17-373 |
Amendment |
(Transferring $453,871 in
FY 2017 Recapture Amounts for Hanna Park & Huguenot Park to the Capital
Projects Subfund): corrects fiscal years in bill; attaches Revised Exhibit 1 (revised
BT) to correct accounts. |
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17-374 |
Amendment |
(Appropriating $35,000 to
fund a Swimming Lessons Initiative): Attaches an Exhibit 2 (signed award letter
for reimbursement grant). |
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17-375 |
Amendment |
(Authorizing execution of a
new facilities management contract with SMG): 1. Adds a section in the bill to invoke the competitive
solicitation exception of Section 126.107(g) to directly contract with SMG. 2. Places a Revised Agreement On File to: a. Clarify in Section 2.9 that each facility will be
accounted for separately instead of having a separate depository for each
facility b. Clarify in Section 2.18 that Operating Expenses
excludes the Fixed Fee, Incentive Fee and Concession Services Fee c. In Section 11.2, clarify that CPI adjustment will be
retroactive to April 1, 2017 for the first year d. Include the not to exceed reduction amount of 20%
for the Incentive Fee in Section 11.5(a) and remove the last paragraph of
Section 11.5(f) e. In Sections 11.6(a) and 11.6(c) clarify that deficit
is the budgeted deficit f. Update the Revenue Procedure references throughout
the agreement g. Correct the Maximum Indebtedness amount to only
include the Fixed Fee, Incentive Fee and Concession Services Fee (The
operating budget and capital maintenance budget are approved by Council each
year.) h. Remove Fixed Fee, Incentive Fee and Concession
Services Fee as part of the Operating Expenses (Section 12.2(w)) and add
Fixed Fee to Exclusions to Operating Expenses (Section 12.3) i.
In Sections
12.5 and 12.7 change Effective Date to Execution Date j.
Attach Exhibits
B (JSEB Reporting Requirements),Exhibit C (Amendment 10 of JJL Lease, Exhibit
D1 (MOU) and Exhibit D2 (SMG Procurement Policies) k. Include Technical Amendments |
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17-376 |
Amendment |
(Accepting a Perpetual
Access & Use Easement from Nemours Foundation to allow Construction of a
Shared Use Path): attaches Revised Exhibit 2 (revised perpetual access and
easement agreement) to include insurance requirements. |
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17-377 |
Amendment |
(Authorizing a Purchase
& Sale Agreement for 1850 N. Main Street): corrects date of appraisal to
2011. |
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17-378 |
Substitute and re-refer |
(Authorizing referendum to
repeal 2-term limits on City Council, Mayor and constitutional officers):
provides for 3-term limit rather than complete repeal of term limits. |
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17-385 |
Amendment |
(Amending Ordinance Code
Chapter 60 - Human Rights Commission - to Reduce Number of Commission Members
from 20 to 11): inserts language regarding staggered appointments; attaches an
Exhibit 1 (chart showing the filled and vacant seats and the staggering of
terms to be reflective of the reduction of members). |
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17-387 |
Amendment |
(Appropriating $99,000 from
Old Kings Rd Landfill Mitigation Fund to Thomas Jefferson Park Amenities
Construction) NCIS: authorizes Mayor to
execute an amendment to license agreement, subject to OGC approval, with
Marietta Athletic Association for the project to invoke procurement exception
for direct contracting and insert maximum indebtedness amount; corrects
scrivener’s error. Finance: NCIS amendment,
plus corrects the name of the athletic association (adds Bullsbay) |
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17-393 |
Amendment |
(Appropriating $60,000 from
Spec Council Contingency to Jax Children's Commission to fund I'm a Star Program
at Certain Middle & High Schools at Beaches & Westside Areas):
changes funding source to Council Operating Reserve; adds fiscal year
carry-over language. |
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17-394 |
Amendment |
(Authorizing Lease Agreement
with Cecil Field POW/MIA Memorial, Inc.) NCIS: corrects date of
memorial dedication to 1974. PHS: NCIS amendment, plus
places revised agreement On-File. |
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17-400 |
Amendment |
(Appropriating an FDOT
grant to construction of Fire Station 73 at Cecil Airport): attaches Revised
Exhibit 2 (revised interlocal agreement); attaches Revised Exhibit 3 (revised
Fire Station 56 lease agreement); attaches Revised Exhibit 4 (revised Fire
Station 73 lease agreement); attaches Revised Exhibit 5 (revised CIP project
information sheets); clarifies that technical
amendments made administratively shall not extend beyond October 30, 2020. |
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17-401 |
Amendment |
(Authorizing Issuance of
Health Care Facilities Revenue Refunding Bonds on behalf of Baptist Health): replaces
On File documents with Revised On File documents. |
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17-402 |
Amendment |
(Authorizing Issuance of
Health Care Facilities Revenue & Refunding Bonds on behalf of Florida
Proton Therapy Institute): replaces On File documents with Revised On File
documents. |
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17-403 |
Amendment |
(Barnett Bank
Building/Laura Street Trio renovations incentives) NCIS: see attachment below Finance: adds all Finance
Committee members as co-sponsors |
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17-424 |
Amendment |
(Amending Part 8 (Public Service
Grants) of Chapter 118 - City Grants - to Prohibit Certain Communications
during Grant Application Period): Adds to title of bill the deletion of
application restriction for organizations that provide priority population
recommendations; clarifies that “other pertinent City employees” means any
other City employees processing the grant applications; on Pg. 2, line 19 add
“year” after “fiscal”. |
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17-426 |
Amendment |
(Appropriating $1,467,289
from General Fund/General Services District Fund Balance to fund a 6-month
Opioid Epidemic Pilot Program) PHS: Changes funding source
to Collective Bargaining Contingency in General Fund/GSD; includes Gateway
Community Services, UF Health and a designated emergency department to be
selected under 126.107(g) competitive procurement exemption invocation;
attaches Revised Exhibit 1 (revised BT); attaches
Revised Exhibit 2 (revised Scope of Services). Floor (Gulliford): deletes
reference to coordination with Duval County Health Department on
identification of participants. |
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17-433 |
Amendment |
(Authorizing Grant of Easement
with Southbank Apartment Ventures, LLC to Expand Existing Southbank Riverwalk):
Attaches Exhibit 1 (DIA Board Resolution). |
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17-435 |
Amendment |
(Correcting Legal
Description & Amending Total Acreage for Rezoning Ord 2017-219-E on Duval
Rd between Armsdale Rd & Dunn Ave): Per OGC, attaches Revised Exhibit 1
(revised legal description dated June 19, 2017); strikes “effective upon
Mayor’s signature” language and provides for effective date upon signature by
the Council President and Council Secretary as a quasi-judicial action. |
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17-439 |
Amendment |
(Amending Ordinance Code to
allow Duval County Election Canvassing Board to canvass City of Atlantic
Beach municipal elections): adds emergency enactment language. |
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17-442 |
Amendment |
(Appropriating $200,000 from
General Fund/General Services District Fund Balance for Additional Swim
Lessons) Rules: changes funding source to Collective
Bargaining Contingency in General Fund/GSD, attaches Revised Exhibit1 (revised
BT); adds fiscal year carry-over language. |
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SEE AMENDMENTS FOR 2017-403 BELOW
2017-403 Barnett Bank Building/Laura Street Trio
Project
NCIS Amendments
On the bill:
- Include reference to Code Section 111.910 which is the Downtown
Historic Preservation and Revitalization Trust Fund
- Add in the title of the bill the $660,000 per year paid to the
developer for parking and include a whereas clause on the parking lease
terms
- Remove duplicate language of “and appropriating” on page 1, line
31 and page 2, line 1.
- On page 3 correct whereas clause to include purchase of Garage
Parcel by Barnett Developer in the amount of $943,403
- On page 4, line 27 capitalize BID
- Correct spelling of Barnett on page 6, line 13
- On page 9, line 1 correct ordinance number should be 2002-395-E
- Correct reference on page 10
- Add a waiver of Section 91.113(a) to waive the Policy referenced
within the section, which will increase the term to bring the property in
compliance from 2 years to 5 years and allow for an increase in the
upfront payment amount from $4,000 to $10,000
Exhibit 1:
- Attach Revised Exhibit 1 (DIA Board Resolution) to include Exhibit
A (Term Sheet)
Exhibit 2:
- Attach Executed and Revised BT to correct account information and
project numbers
Redevelopment Agreement:
Place Revised Development
Agreement On File for the following:
- Technical Amendments to correct section referencing and scriveners
- In Section 2.13 include a provision that Barnett Developer can
increase the number of spaces by an additional 28 spaces but anything
above that will require prior consent of the DIA Board
- In Section 4.1 remove the required commencement date from Barnett
Project Performance Schedule. Developer will still have to notify DIA when
construction commences and still has to complete construction within 24
months of Effective Date
- Clarify in Section 5.1 that Barnett Developer will now purchase
the Garage Parcel for $943,403, instead of the property being conveyed to
the developer for $1
- Include in part of the Conditions to Closing (Section 5.2) that
Barnett Developer and DIA will work together to determine the “minimum
operating standards” for the parking garage
- Remove reverter language for Garage Parcel and include a parking
use restrictive covenant in Section 5.3(e)(i) and revise Exhibit G to also
include the restrictive covenant
- Clarify in Sections 6.1 and 7.1 that the Developers may apply for
the Historic Preservation Section for a grant instead of insinuating that
they have already applied
- Include Final Year of REV grant to be 2043 in Section 8.1
- In Section 9.1 require a disclosure document showing all persons
having a beneficial interest in real property
- Include a revised Exhibit D to remove total acre site of 1.03 for
the Garage Project
- Include revised Parking Garage Lease Agreement (Exhibit K) to
include technical amendments, a purchase option, memorandum of lease and
purchase option, require a letter of credit in the amount of $900,000 for
3 years and a guaranty
- Include revised Sublease Parking Agreement (Exhibit L) which
increases parking fee for the 150 spaces to $200,000 from $180,000 per
year, adds a provision that does not allow the developer to charge a rate
below the City’s current standard rate, includes the rules and regulations
and makes technical amendments
- Since there is currently a lien on the Trio property a new Exhibit
O (Settlement Agreement) will need to be attached to the agreement. The
lien is a result of fines imposed by the Municipal Code Enforcement
Board/Special Magistrate.
- The Settlement Agreement will provide the developer 5 years to bring
the property into compliance
- At time of execution of the Settlement Agreement the property
owner will pay an upfront amount of $10,000
- Once improvements are substantially completed the City will
deliver to the property owner a release or satisfaction of the Municipal
Code Enforcement Board order recorded against the property
Contact: Jeff Clements, Chief of Research
(904) 630-1405 or jeffc@coj.net