JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

 

TRANSPORTATION, ENERGY & UTILITIES COMMITTEE MINUTES-amended

 

April 17, 2017

2:00 P.M

CITY COUNCIL CHAMBER

 

 

In Attendance:  Council Members Al Ferraro (Chair), Doyle Carter (Vice Chair),  John Crescimbeni, Greg Anderson, Reggie Brown, Reggie Gaffney; Anna Lopez Brosche was excused;  Assistant General Counsel Paige Johnston; Kim Taylor, Council Auditor’s Office; Jordan Elsbury, Administration; Laurie Santana, Planning & Development Department; Samantha Lane, Legislative Assistant, John J. Jackson, Council Research Division.

 

The meeting was convened at 2:02 P.M.

Item/File No.

Title/History

 

 

1.  2016-359

 

 

ORD Amend Chapt 122 (Public Propty), Creating New Sec 122.110 (Skateboarding on Public Propty), to Prohibit Skateboarding on City Sidewalks in Certain Areas, Public Parking Garages & Public Access Ramps & Certain other Public Propty; Recognizing Exercise of County Powers. (Johnston) (Introduced by CM Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/14/16

 

1. 5/24/2016 CO  Introduced: TEU,RCDPHS,R

 

    6/6/2016 TEU Read 2nd & Rerefer

 

    6/7/2016 R Read 2nd & Rerefer;    6/7/2016 PHS Read 2nd & Rerefer

 

2. 6/14/2016 CO PH Read 2nd & Rereferred; TEU, R, RCDPHS (PHS 7/1/16)

 

 

 

 

Bill Summary             

 

DEFER (At Request of CM Gulliford)

 

 

2.  2016-534

 

 

 

 

 

 

 

ORD Renaming Robinson Ave to "Harry Frisch Way"; Waive var Subsecs of 745.105 (Changing Names of Public Sts by Ord; Honorary St Designations by Ord): (e)(2) re Persons who Honorary St Designation may be named after; (e)(5) re Requiremt that 90% of all Propty Owners on that Segment Consent to Renaming; (e)(3) Requiremt that the Person Reside within 5 miles of the St Name Change for at least 10 Yrs; (b) Requiremt that Historic Preservation Comm review the Request & make a Recommendation. (Dist 9-Dennis) (Diebenow) (Introduced by CM Schellenberg & Co-sponsored by CM's  Dennis, Wilson, Morgan, Hazouri, Anderson, Gulliford, Bowman, Carter, R. Gaffney, Ferraro & Newby)

TEU PH Pursuant to Chapt 745 Ord Code - 9/6/16, 9/19/16, 10/3/16, 10/17/16, 10/31/16, 11/14/16, 12/5/16, 1/3/17, 1/17/17, 2/6/17, 2/21/17, 3/7/17, 3/20/17, 4/3/17, 4/17/17

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/23/16

 

1. 8/9/2016 CO  Introduced: TEU,R

 

    8/15/2016 TEU Read 2nd & Rerefer

 

    8/16/2016 R Read 2nd & Rerefer

 

2. 8/23/2016 CO PH Read 2nd & Rereferred; TEU, R

 

 

Bill Summary   

       

 

DEFER – Open/Cont. PH 5/1/17

(At Request of CM Dennis)

 

 

 

3.  2017-14

 

 

 

ORD Closing & Abandoning &/or Disclaiming 3 All Utilities Easemts within RE# 080840-0010 previously rsvd by Ords 90-1210-541 (LaRue St) & 93-944-384 (Belmont Ave & Lisbon St), at Req of Southern Baptist Hospital of Florida, Inc, Subject to Reservation unto JEA of an Easemt Over the closed Easemts for Ingress & Egress & for All Utilities. (Dist 5-Boyer) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/24/17

 

1. 1/10/2017 CO  Introduced: TEU

 

    1/17/2017 TEU Read 2nd & Rerefer

 

2. 1/24/2017 CO PH Read 2nd & Rereferred; TEU

 

 

Bill Summary         Fact Sheet    

 

DEFER (At Request of CP Boyer)

 

 

 

 

 

4.  2017-88

 

 

 

 

 

ORD Closing & Abandoning &/or Disclaiming R/W of Parramore Rd, an Opened & Improved R/W containing Infrastructure, near Intersec of Collins Rd & I-295, in Accordance with Dev Agreemt apvd by 2014-118-E, at Request of Harmony Farms of Jacksonville, LLC, Subject to Reservation unto City & JEA of Easemt over R/W for Ingress & Egress & for All Utilities. (Dist 14-Love) (McCain) (Introduced by CM Love)

TEU PH Pursuant to Sec 336.10, F.S. - 2/21/17

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/14/17

 

1. 1/24/2017 CO  Introduced: TEU, F (Added per C/P 2/28/17)

 

    2/6/2017 TEU Read 2nd & Rerefer

 

2. 2/14/2017 CO PH Read 2nd & Rereferred; TEU

 

    2/21/2017 TEU PH Amend/Approve 7-0

 

3. 2/28/2017 CO REREFERRED; TEU, F

 

 

 

 

 

 

 

 

 

Bill Summary             

 

 

DEFER (At Request of Applicant)

 

 

* Developer wishes to discuss proposed changes

 

 

 

5.  2017-104

 

 

 

ORD Apv City's Acquisition of a Single Lot near Intersec of San Marco Blvd & Lasalle St, 50 x 100, for $150,000 to Locate a Pump Station in the San Marco Area. (Dist 5-Boyer) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/28/17

 

1. 2/14/2017 CO  Introduced: TEU,F

 

    2/21/2017 TEU Read 2nd & Rerefer

 

    2/23/2017 F Read 2nd & Rerefer

 

2. 2/28/2017 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary         Fact Sheet    

 

 

DEFER (At Request of the Administration)

 

 

 

 

6.  2017-163

 

 

 

RESO-Q re Appeal by William Bransford of a Decision of the 911 Emerg Addressing Adv Comm to Re-Assign an Out of Sequence Address Number Currently at 4565 Lakeside Dr & Assigning new Number of 4590. (Dist 14-Love) (Pollock) (TEU)

TEU Public Hearing - 4/17/17 (Appeal Hearing)

 

1. 2/28/2017 CO  Introduced: TEU

 

    3/6/2017 TEU Read 2nd & Rerefer

 

2. 3/14/2017 CO Read 2nd & Rereferred; TEU

 

    3/20/2017 TEU Approve - Sufficiency Determination 6-0             Cherry Pollock/Ellen Fales

 

 

Bill Summary        

 

PH AMEND (TO REMAND)/APPROVE 4-1 (CM Carter)

 

(Remand the matter back to the 911 Advisory Committee to consider keeping the address of the subject property the same but to consider having the property owner execute a Release/Hold Harmless Agreement pertaining to potential emergency delay response to the property as a result of the out of sequence address.)

 

*Appeal hearing to be held on April 17, 2017

 

There was a lengthy discussion on the resolution on the 911 Emergency Addressing Advisory Committee’s decision to re-assign an out of sequence address.

 

Assistant General Counsel Paige Johnston said that the Appeal Hearing was a quasi-judicial process.  She distributed the procedures of the hearing, order of speaking, rebuttal, Staff Attorney’s response, appellant presentation, committee standard of review and the deliberation and vote. She also distributed an excerpt of Section 745.232(g), Ordinance Code that stipulated the standard of review that provided that the Council’s review being limited to whether the 911 Emergency Advisory Committee applied the criteria outlined in Section 745.223 correctly.  The Committee had to vote to Affirm the decision of the 911 Emergency Addressing Advisory Committee or vote to remand back to the 911 Emergency Addressing Advisory Committee.

 

Ellen Fales made the staff presentation.  She explained how the 911 Emergency Addressing Advisory Committee arrived at its decision and fielded questions.

 

William Bransford made the appellant presentation.  He explained that his family has been in business since 1961 and at the current address 4565 for the past 30 years.  He contended that changing the address would have a considerable financial hardship for him and his customers nationwide and abroad.  He said that emergency responders had never had problems locating his business.

 

Assistant General Counsel Cherry Pollock gave the Staff Attorney Response.  Counsel to the 911 Advisory Committee, Ms. Pollock remarked on the process and explained that in her  review of caselaw, the courts generally came down on the side of the cities having the right to re-assign addresses if public health and safety were issues.  She fielded numerous questions.

 

Council Member John Crescimbeni said that he was troubled that Mr. Bransford had met all of the City’s requirements in acquiring a permit for his business at its current address, an address that the City had given him.  He asked Ms. Fales if the 911 Emergency Addressing Committee was familiar with the sequence of addresses of the utility poles in the area of if the Committee had ever actually listened to 911 telephone exchanges?

 

Mr. Crescimbeni motioned to remand the 911 Emergency Addressing Advisory Committee’s recommendation back to the Committee.

 

Council Member Greg Anderson offered a substitute motion that would remand the appeal back to the Advisory Committee with the stipulation that Mr. Bransford agrees to sign a waiver of liability..

 

In the interest of time, the resolution was tabled to enable the Committee to take up the other items on the Committee’s agenda.  At the end of the agenda items, the Committee would resume deliberations on this item.

 

The Committee took the item from the table when the end of agenda items was reached.

 

The appellant had met with staff during the remainder of the meeting and agreed to sign a waiver of liability if the TEU Committee would remand the appeal to the 911 Addressing Committee and if that committee would agree to leave the current address with the waiver.  Council Member Crescimbeni requested clarification on when and how the waiver of liability would apply (to the land? To the business?  What happens if the business changes hands?)  Paige Johnston explained the process of remanding the appeal to the 911 Committee and stated that if the committee and appellant worked out a mutually acceptable agreement, the matter would be resolved and would not come back to the City Council.  The Committee voted to remand the appeal to the 911 Addressing Committee with the recommendation that it consider allowing the current address to remain unchanged with a signed liability waiver.

 

 

 

7.  2017-178

ORD Adopt 2016B Series Text Amend to the FLUE & Transp Element of 2030 Comp Plan for Incorporation of Policies regarding Compatibility of Lands Adjacent to Public Use/Civilian Airports. The Amend also adds the Definition of "Civilian Influence Zone" and Updates Map L-22 to include Civilian Influence Zone. (Reed) (LUZ)

LUZ PH - 4/18/17

Public Hearing Pursuant to Sec 163.3187(2), F.S. & Chapt 650, Pt 4, Ord Code - 4/11/17 & 4/25/17

 

1. 3/14/2017 CO  Introduced: TEU, LUZ

 

    3/20/2017 TEU Read 2nd & Rerefer

 

    3/21/2017 LUZ Read 2nd & Rerefer

 

2. 3/28/2017 CO Read 2nd & Rereferred; TEU, LUZ

 

3. 4/11/2017 CO PH Addnl 4/25/17                                                                                  

 

 

Bill Summary         

 

 

APPROVE 5-0

 

Kristen Reed, Planning & Development Department, explained the compatibility development requirements.

 

 

 

8.  2017-179

 

 

 

 

 

ORD-Q Amend Reso 74-690-243, as Amended by var Resos & Ords, Amending Dev Order pursuant to NOPC apvd DRI filed Cypress Plaza Properties, Inc & XL Soccer World Jax, LLC, dtd 1/20/17 & as Amended by Ltr from Applicant dtd 3/6/17, which Changes are Generally Described as a Conversion of Existing Ofc Sq Footage to Commercial Sq Footage; Finding that changes do not Constitute a Substantial Deviation from Original DRI, as Amended; Directing Distribution of Legislation. (Reed) (LUZ)

LUZ PH-4/18/17

Public Hearing Pursuant to Chapt 166, & Sec 380.06(19)(f), F.S. & CR 3.601 - 4/11/17, 4/25/17

 

1. 3/14/2017 CO  Introduced: TEU, LUZ

 

    3/20/2017 TEU Read 2nd & Rerefer

 

    3/21/2017 LUZ Read 2nd & Rerefer

 

2. 3/28/2017 CO Read 2nd & Rereferred; TEU, LUZ

 

3. 4/11/2017 CO PH Contd 4/25/17                                                                                  Kristen Reed

 

 

Bill Summary             

 

AMEND/APPROVE 5-0

 

1. Add reference to 2003-1533-E

2. Correct first whereas clause

3. Correct notification language

 

 

9.  2017-222

 

 

ORD Adopting Modification to the 2030 Comp Plan to Update the Capital Improvemts Element Schedule by Establishing the FY's 2017-2021 Capital Improvemts Element Schedule in the Capital Improvemts Element. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/11/17

 

1. 3/28/2017 CO  Introduced: NCIS,TEU,F

 

    4/3/2017 TEU Read 2nd & Rerefer;    4/3/2017 NCIS Read 2nd & Rerefer

 

    4/5/2017 F Read 2nd & Rerefer

 

2. 4/11/2017 CO PH Read 2nd & Rereferred; NCIS, TEU, F                                      Helena Parola

 

 

Bill Summary         Fact Sheet            NCIS: Amend/App

 

AMEND/APPROVE 5-0

 

(Place revised CIE Schedule On File)

 

 

 

10.  2017-245

 

 

 

 

ORD-MC Amend Chapt 656 (Zoning Code), Ord Code, Part 6 (Off-Street Parking & Loading Regs), Subpart B (Off-Street Parking for Bicycles), Sec 656.608 (Off-Street Parking of Bicycles). (Ingles) (Req of Mayor)

LUZ PH - 5/2/17

Public Hearing Pursuant to Sec 166.041(3)(c)(2), F.S. & CR 3.601 - 4/25/17 & 5/9/17

 

1. 3/28/2017 CO  Introduced: TEU,LUZ

 

    4/3/2017 TEU Read 2nd & Rerefer

 

    4/4/2017 LUZ Read 2nd & Rerefer

 

2. 4/11/2017 CO Read 2nd & Rereferred; TEU, LUZ

 

 

Bill Summary         Fact Sheet    

 

DEFER ( At Request of the Planning Department)

 

 

 

 

11.  2017-264

 

 

 

ORD Approp $493,000 from "Countywide Intersec Imp/BRGE-Bridges" Rehab Proj to the "Lakeside Dr Bridge Replacemt" Proj; Amend Ord 2016-505-E (CIP) to Reflect Funding Changes to said Projs. (BT 17-084) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary         Fact Sheet    

 

READ 2ND AND REREFER

 

 

 

 

12.  2017-265

 

 

 

ORD Approp $869,881.45 in Capital Proj Rev Bond Funds to the R/W Acquisition Line Item within the Newtown Drainage (Myrtle & Beaver Proj from (1) the "Pinedale Area" Drainage Proj & (2) the Mitigation Line Item within the Newtown Drainage (Myrtle & Beaver) Proj to fund 1st Phase of the "Newtown Drainage (Myrtle & Beaver)" Proj; Amend Ord 2016-505 to Reflect Funding Changes to said Projs. (BT 17-085) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary         Fact Sheet    

 

 

READ 2ND AND REREFER

 

 

 

13.  2017-267

 

 

 

 

ORD Approp $168,785.68 from Bldg Inspection Cash Carryover Acct to fund (1) Salaries & Benefits for 4 New Constrn Trades Inspectors - Building for 3 Months (July - Sept) for 2016-2017 FY; (2) Cell Phones, MIFI Svc, Laptops & Licenses & (3) 4 New Pickup Trucks (Ford F-150) with Associated Funding for Repairs, Parts, Oil & Gas to Support New Inspectors; Auth Increase of 4 Positions in Employee Cap of Bldg Insp Div. (BT 17-087) (RC 17-145) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary         Fact Sheet    

 

 

READ 2ND AND REREFER

 

 

 

 

14.  2017-269

 

 

 

 

ORD Auth Transfer & Maint Agreemt with FDOT to Identify & Provide a Means by which any Transfers of Propty or Improvemts can Occur under the Prev Apvd Constrn & Maint Agreemt for "Bridge Replacemt on Howell Dr/Ribault River, Bridge #724147" Proj; Designate Oversight by Engineering & Constrn Mgmt Div of Public Works Dept. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary         Fact Sheet    

 

 

READ 2ND AND REREFER

 

 

15.  2017-271

 

 

 

 

ORD Waiving Secs 260.201 (License), 260.206 (Temp Storage of Waste Tires), & 260.208 (Hours of Operation) of Part 2 (Licensing & Transporting Requiremts; Revocation of License) of Chapt 260 (Disposal of Waste Tires), Ord Code, 4/22/17 thru 5/6/17, in Support of 4th Annual Waste Tire & Snipe Sign Buyback Event to allow Duval County Residents to (1) Transport more than 8 Waste Tires; (2) allow for Temp Storage of Tires; (3) Suspend Requiremt that Individual be Licensed to haul more than 8 Waste Tires; & (4) allow for Transp of Waste Tires outside of Monday thru Saturday 7 AM - 6 PM; Designate Oversight by Solid Waste Div of Public Works Dept; Request 1-Cycle Emerg Apv. (McCain) (Req of Mayor)

 

1. 4/11/2017 CO  Introduced: TEU,R,F                                            Jeff Foster / Will Williams

 

 

Bill Summary         Fact Sheet    

 

 

EMERGENCY/AMEND/APPROVE 4-0

 

(Correct start date of waiver period)

 

 

16.  2017-272

 

 

 

 

 

ORD Amend Ord 2015-835-E, as Amended by var Ords, to Extend the Temp Moratorium (180 Days) on Medallion Renewals & Late Fees for Medallion Renewals on Vehicles for Hire Pursuant to Sec 220.217, Ord Code, for Addnl 180 Days; Moratorium to be in Effect from Enactmt until 9/27/17; Provide Notification to JIA & Exec Dir of Jax Aviation Authority & the Beaches Police Chiefs; Provide Retroactive Applicability. (Sidman) (Introduced by CM Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary        

 

 

READ 2ND AND REREFER

 

 

17.  2017-277

 

 

 

 

ORD Closing & Abandoning &/or Disclaiming Portions of 5 R/W, all Located bet Buckman St & Talleyrand Ave, S of 21st St E at Req of Jax Port Authority, Subject to Reservation unto City & JEA of All-Utilities Easemts over the closed R/W for Ingress & Egress & for All Utilities. (Dist 7-Gaffney) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

TEU Public Hearing - 5/1/17

 

1. 4/11/2017 CO  Introduced: TEU,LUZ

 

 

Bill Summary         Fact Sheet    

 

 

READ 2ND AND REREFER

 

 

 

18.  2017-282

 

 

 

ORD Auth Increase in Employee Cap of Ofc of Gen Counsel from 68 to 69 to allow Addn of 1 Employee, an Attorney; Approp $51,961 from Ofc of Gen Counsel - Jaxport to Ofc of Gen Counsel Salaries & Benefits Accts to fund a Partial Yr for an Atty to support Legal Needs of Jax Port Authority. (BT 17-092) (RC 17-161) (Sidman) (Gen Counsel)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/25/17

 

1. 4/11/2017 CO  Introduced: TEU,F

 

 

Bill Summary         Fact Sheet    

 

 

READ 2ND AND REREFER

 

 

 

19.  2017-283

 

 

 

 

ORD Apv Transmittal of Proposed 2017B Series Text Amend to Transportation Element & Capital Improvemts Element of 2030 Comp Plan relating to Updating to & Addn of Policies to the Transportation & Capital Improvemts Elements re Modifications that add more Flexibility to the use of Collected Mobility Fees. (Grandin) (Req of Mayor)

LUZ PH - 5/16/17

Public Hearing Pursuant to Sec 163.3184, F.S. & Chapt 650, Pt 4 Ord Code - 5/9/17 & 5/23/17

\

 

 

 

 

 

 

 

 

1.     4/11/2017 CO  Introduced: LUZ,TEU

 

Bill Summary         Fact Sheet    

 

READ 2ND AND REREFER

 

 

At the conclusion of the agenda items, Steve Diebenow, representing the developer of a Costco wholesale store near I-295 and Collins Road, distributed and explained a package of information regarding the ongoing effort of the developer to reach an agreement with the City, JEA, the Florida Department of Transportation and an adjacent property on the relocation and extension of Parramore Road needed to facilitate the construction of the store.  He explained the relocation of certain utility easements and the land swaps involved in the transaction, and said that there are two basic questions to be solved: 1) how to accomplish the closing of the existing Parramore Road (while protecting the City’s rights) before the new road is constructed; and 2) how does FDOT’s 70 foot easement get relocated to clear the way for the project.  In response to a question from Council Member Crescimbeni about why the City seems to be assuming responsibility for maintaining a much larger easement area and the FDOT much less, Mr. Diebenow said it results from a long series of negotiations between the City, the FDOT and the developer that began in 2008.

 

 

There being no further business, the meeting was adjourned at 4:12 P.M.

 

 

John J. Jackson, Council Research Division  (904) 630-1729

 

04.21.17

Posted: 4:00 P.M.

 

 

 

 

                                   

 

 

 

 

 

 

 

 

 

 

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