JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

TRANSPORTATION, ENERGY & UTILITIES COMMITTEE MINUTES

 

November 4, 2013

2:00 P.M

CITY COUNCIL CHAMBER

 

 

 

In attendance:  Council Members Jim Love (Chair), Reggie Brown (Vice Chair), Greg Anderson, John Crescimbeni, Stephen Joost, Kimberly Daniels, Matt Schellenberg; Council Member Doyle Carter was in attendance;  Paige Johnston, Office of General Counsel; Kyle Billy, Council Auditor’s Office; Margo Klosterman, Mayor’s Office; Juliette Williams, Legislative Services; John Jackson, Council Research Division.

 

The Chair called the meeting to order at 2:03 P.M.

 

The Chair brought to the Committee’s attention  a couple of articles that were in recent editions of the

Florida Times-Union regarding energy and utilities issues.  One of the articles reported that an energy company affiliated with T. Boone Pickens is planning on building a  liquid natural gas plant on the Northside.  The other article noted that Jacksonville is in the forefront as one of the leaders as an exporter of natural gas.

 

Item/File No.

Title/History

 

 

1.  2013-226

ORD-MC Repealing Part 2 (Entertainmt Dist), Chapt 191 (Spec Events & Entertainmt Dist), Ord Code; Amend Sec 368.105 (Exceptions), Part 1 (Gen Provisions), Chapt 368 (Noise Control), to Remove the Exception for Chapt 191. (Sidman) (Introduced by CM Schellenberg & Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/23/13

 

1. 4/9/2013 CO  Introduced: R,TEU,RCD

 

    4/15/2013 TEU Read 2nd & Rerefer;    4/15/2013 R Read 2nd & Rerefer

 

    4/16/2013 RCD Read 2nd & Rerefer

 

2. 4/23/2013 CO PH Read 2nd & Rereferred; R, TEU, RCD

 

 

 

Bill Summary                          R: Defer

 

 

DEFER

 

 

 

2.  2013-384

ORD Auth License Agreemt with Sons of Confederate Veterans, Kirby Smith Camp 1209, Inc to Restore & Manage the Natl Guard Armory at 851 N. Market St for 10 Yrs, with two 5-Yr Renewal Options for a License Fee of $1/Yr & Making Immediate, Necessary Repairs, Restore & Maintain Facility, Mowing, & Insuring Property. (Johnston) (Introduced by CM Daniels)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/25/13

 

1. 6/11/2013 CO  Introduced: TEU,F

 

    6/17/2013 TEU Read 2nd & Rerefer

 

    6/18/2013 F Read 2nd & Rerefer

 

2. 6/25/2013 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary

 

DEFER

 

After Assistant General Counsel Lawsikia Hodges explained the bill’s amendments and the attached License Agreement in a 2-page bullet summary that she had provided the Committee, a lengthy discussion ensued on components of the proposed legislation.  Ms. Hodges indicated that in crafting the bill, she had meetings with Council Member Daniels, representatives of the Sons of Confederate Veterans, the City’s Public Buildings staff, Risk Management, Public Works, the Council Auditors Office and others to reach an accord.  Risk Management has reviewed the License Agreement and is satisfied. 

 

Bill Joyce of Public Works and Luis Flores of Public Buildings fielded a host of questions on the condition and status of the armory and whether the tenant or City would be responsible for maintenance.  Council Member Matt Schellenberg proposed an amendment to put the money that the City is currently spending for maintenance of the armory into a special Council contingency fund.  Council Member Stephen Joost, in opposing the amendment, suggested that the Council should not be micromanaging the Administration, that managing money is an executive function. Council Member Crescimbeni suggested that the amendment be withdrawn and a floor amendment can be offered at Tuesday’s Council meeting.  Council Member Schellenberg withdrew his amendment.

 

Calvin Hart, representing the Sons of Confederate Veterans, commented on the proposed bill and License Agreement and fielded questions.  Mr. Hart indicated that he had reviewed the License Agreement and had had his attorneys review it, as well.  

 

There were a number of issues that Mr. Crescimbeni wanted clarified that include insurance and specific maintenance responsibilities. 

 

Ms. Daniels reiterated that the City will still be the owner of the armory; she wants the City to continue the arrangement that it has with a contractor for roof work; the SCV would be responsible for all other repairs and maintenance work.

 

Council Member Crescimbeni proposed that a noticed meeting be scheduled to clarify issues and responsibilities; Council Member Daniels, the bill’s sponsor, concurred.

 

 

3.  2013-668

ORD Closing & Abandoning and/or Disclaiming easemt for Drainage, Utilities, and Sewers on Lot 42, Goodby's Creek Unit 2, recorded and established in Plat Book 36, Page 2A, dtd 7/15/77, at the request of Paul G. Abdullah, III, to construct a garage and workshop building. (Dist 6-Schellenberg) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/8/13

 

1. 9/24/2013 CO  Introduced: TEU,F

 

    9/30/2013 TEU Read 2nd & Rerefer

 

    10/1/2013 F Read 2nd & Rerefer

 

2. 10/8/2013 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary                          Fact Sheet

 

 

DEFER

 

 

4.  2013-669

ORD-MC Declaring Surplus Propty consisting of City owned propty & bldgs, to the Police and Fire Pension Fund (PFPF), conveying the Propty to PFPF  in exchange for a reduction in Unfunded Actuarial Accrued Liability of the PFPF; in accordance with a purchase and sale agreemt to be entered into btwn City and PFPF; authorize Mayor & Corp Sec to execute any and all documents necessary to accomplish the foregoing transactions; Waive conflicting provisions of Chapts 122 & 500, Ord Code, amend Sec 121.101 (Control and Administration of Police & Fire Pension Fund), Ord Code, to add a New Subsection (F), authorizing diversification of investment as authorized by applicable provisions of Article 22, Charter; Req Emerg Apv upon Introduction. (Keane) (Introduced by C/M Schellenberg)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/8/13

 

1. 9/24/2013 CO  Introduced: R,TEU,F

 

    9/30/2013 TEU Read 2nd & Rerefer;    9/30/2013 R Read 2nd & Rerefer

 

    10/1/2013 F Read 2nd & Rerefer

 

2. 10/8/2013 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

Bill Summary                                      R: Defer

 

DEFER

 

5.  2013-673

ORD Auth 1st Amend to  Agreemt apvd by Ord 2013-15-E bet City & TBE Group Inc., D/B/A Cardno TBE to Extend Agreemt until 9/30/14 to pursue grants related to Brownfields Property; Req Emerg Passage upon Introduction.(Sidman) (Introduced by C/M Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/8/13

 

1. 9/24/2013 CO  Introduced: R,F,TEU

 

    9/30/2013 TEU Read 2nd & Rerefer;    9/30/2013 R Read 2nd & Rerefer

 

    10/1/2013 F Read 2nd & Rerefer

 

2. 10/8/2013 CO PH Read 2nd & Rereferred; R, F, TEU

 

 

Bill Summary                     R:Defer

 

 

 

DEFER

 

6.  2013-683

ORD-MC Amend Chapt 32 (Public Works Dept), to Remove Landscape Maint & Mowing from the Right of Way Div & Create a new Part 8 (Mowing & Maint Div) to Consolidate Responsibility for said Activities within 1 Division; Provide for Transition. (Laquidara) (Introduced by CM Lee)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13, 11/12/13

 

1. 10/8/2013 CO  Introduced: R,TEU,PHS,F,RCD

 

    10/14/2013 PHS Read 2nd & Rerefer;    10/14/2013 TEU Read 2nd & Rerefer;    10/14/2013 R Read 2nd & Rerefer

 

    10/15/2013 RCD Read 2nd & Rerefer;    10/15/2013 F Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Contd 11/12/13 / Read 2nd & Rereferred; R, TEU, PHS, F, RCD

 

 

Bill Summary            R: Defer

 

 

DEFER

 

At request of sponsor

 

7.  2013-686

ORD Designating the Jacksonville Golf & Country Club Subdivision as a Golf Cart Community; Designating by Name the Streets within as Appropriate for use by Golf Carts, Subject to Conditions; Directing Posting of Signs re Golf Cart Operation is Permitted. (Johnston) (Introduced by CM Clark)

TEU PH Pursuant to Sec 316.212, F.S. - 11/4/13

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: TEU,PHS,RCD

 

    10/14/2013 PHS Read 2nd & Rerefer;    10/14/2013 TEU Read 2nd & Rerefer

 

    10/15/2013 RCD Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; TEU, PHS, RCD

 

 

Bill Summary

 

PH-APPROVE 5 – 0

 

Staci Lewis of the Gunster Law Firm, explained the provisions and purpose of the proposed legislation and fielded questions.

 

 

 

8.  2013-688

ORD Closing & Abandoning &/or Disclaiming an Easemt for Ingress & Egress in Davis Creek Business Park at Req of William E Powell to return Propty (Zoned LI) to Private Use. (Dist 13-Gulliford) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: TEU

 

    10/14/2013 TEU Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; TEU

 

 

Bill Summary                  Fact Sheet

 

APPROVE 5 - 0

 

 

 

9.  2013-689

ORD Estab Honorary Street Designation on Odessa St from Intersec of A. Philip Randolph Blvd to Intersec of Bridier St for Bishop Nick Sheffield Hightower, Sr; Provide for Honorary Roadway Marker; Honoring his Life & Legacy & Recognizing his Achievemts. (Dist 7-Gaffney) (Shaw) (Introduced by CM Gaffney)

TEU PH Pursuant to Sec 745.105(h), Ord Code - 11/4/13

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: TEU

 

    10/14/2013 TEU Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; TEU

 

 

Bill Summary

 

PH-AMEND/APPROVE 5 - 0

 

Amend to attach map.

 

10.  2013-690

ORD Renaming Commerce St from Rogero Rd to Westdale Dr to "Lions Club Way"; Waive Sec 745.105(g), Ord Code, re Requiremt to rename Entire Length of the Street. (Dist 7-Gaffney) (Shaw) (Introduced by CM Gaffney)

TEU PH Pursuant to Sec 745.105(h), Ord Code - 11/4/13

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: R,TEU,PHS

 

    10/14/2013 PHS Read 2nd & Rerefer;    10/14/2013 TEU Read 2nd & Rerefer;    10/14/2013 R Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; R, TEU, PHS

 

 

Bill Summary         R: Defer

 

 

PH-DEFER

 

11.  2013-692

ORD Approp $600,000 from Old Kings Rd Landfill Mitigation Acct for "U.S. 1 Water Sewer Improvemts" Proj, re R/W of New Kings Rd bet Trout River Blvd & Borden St; Amend Ord 2013-465 (CIP) to add said Proj; Auth Funds Carryover to FY 2014-2015; Designate Oversight by Public Works Dept. (Johnston) (Introduced by CM Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: TEU,F

 

    10/14/2013 TEU Read 2nd & Rerefer

 

    10/15/2013 F Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary

AMEND/APPROVE 7 - 0

1.     Correct name of Project in bill

2.     Attach CIP form

 

 

Council Member Matt Schellenberg wanted to know what did the Council Member Clark-CIP Committee have to say about this bill.  Council Member Reggie Brown, the bill’s sponsor, explained why the bill was drafted.  Council Member Greg Anderson observed that enactment of the bill as an emergency in Council will require a 2/3ds vote.  Jeff Foster, Chief, Solid Waste Division, Public Works, explained the nature of the emergency requested and fielded numerous questions.

 

12.  2013-693

ORD Auth Easemt Agreemts by which Var Upland Propty Owners Grant to the City Easemts for Constrn & Maint of Portions of the Southbank Riverwalk & for Acess in, over, under, upon & thru Propty of the Upland Owners; Designate Parks & Rec Dept as Contract Monitor. (Rowland) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: TEU,F,RCD

 

    10/14/2013 TEU Read 2nd & Rerefer

 

    10/15/2013 RCD Read 2nd & Rerefer;    10/15/2013 F Read 2nd & Rerefer

 

2. 10/22/2013 CO PH Read 2nd & Rereferred; TEU, F, RCD

 

 

Bill Summary

DEFER

 

13.  2013-694

ORD Auth Amend #12 to Lease with the Jacksonville Jaguars, LLC, Providing for the North End Zone (NEZ) & Video Board Improvemts; Auth Borrowing & Approp of $43,109,000 from City's Commercial Paper Facility to fund Proj; Waive Chapt 656 (Zoning Code), Part 13 (Sign Regs), Subpt B (Downtown Sign Overlay Zone); Waive Chapt 126 re NEZ & Video Board Improvemts, with Exception of JSEB Prog & allow City to Directly Purchase Certain Items; Waive Sec 122.811(a), Ord Code, to allow JJL to Dispose of & Sell Surplus Tangible Propty as it Constructs the Proj; Estab Requiremts for Items to be Purchased; Waive Certain Provisions of Sec 320.409 for Constrn Related Permitting Fees; Designate Oversight by OED. (Sawyer) (Req of Mayor) (*CM Anderson)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/22/13

 

1. 10/8/2013 CO  Introduced: R,TEU,F,RCD,LUZ

 

    10/14/2013 TEU Amend/Read 2nd & Rerefer 4-0;    10/14/2013 R Amend/Read 2nd & Rerefer 5-0

 

    10/15/2013 LUZ Amend/Read 2nd & Rerefer 6-0;    10/15/2013 RCD Read 2nd & Rerefer;    10/15/2013 RCD Amend/Read 2nd & Rerefer 6-0;    10/15/2013 F Amend/Read 2nd & Rerefer 7-0-1 (Anderson)

 

2. 10/22/2013 CO PH AMENDED/Read 2nd & Rereferred; R, TEU, F, RCD, LUZ

 

 

Bill Summary      Fact Sheet         R: Defer

 

DEFER

 

Special meeting to be held on November 7th @9:00 A.M.

 

14.  2013-696

ORD Transfer $2,219,443.89 from var Solid Waste Constrn Projs to fund Engineering Design, Permitting & Wetlands Mitigation Credit Purchases for the "Trail Ridge Landfill Phase VI & VII" & "Trail Ridge Landfill Gas Mgmt System"; Amend Ord 2013-465-E (CIP) to Auth said Projs & Reduce Funding in "Picketville Road Landfill - I", Picketville Road Landfill - III" & "North Landfill Closure - IV"; Req Emerg Apv upon Introduction. (BT 13-082) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/12/13

 

1. 10/22/2013 CO  Introduced: R,TEU,F (added to PHS per C/P 10/22/13)

 

 

Fact Sheet               R: Read 2nd & Rerefer

 

EMERG/AMEND/APPROVE 6 – 1 (SCHELLENBERG)

1.     Attach revised CIP Exh.  2.   Correct amount on bill. 3. Correct budget year

4.     Correct project name in bill.

 

 

Jeff Foster, Chief, Solid Waste Division, Public Works, explained the nature of the emergency passage being requested.  Council Member Greg Anderson wanted to know why this matter was not raised during the budget deliberations over the summer.  Mr. Foster explained that the funding in the bill was coming from public works projects that had been completed; these were residual funds.  Council Member Matt Schellenberg spoke against moving the item as an emergency. 

 

 

15.  2013-697

ORD Closing & Abandoning & or Disclaiming an Easemt (RE# 006658-0000) for Drainage, Sewerage, Utilities & Fire Dept Emerg Access in White City at Req of Propty Owner Allen West; Waive Sec 123.102 (c)(1)(ii), Ord Code, to Waive the $500 Appl Fee; Req 1-Cycle Emerg Apv. (Dist 12-Carter) (Sidman) (Introduced by CM Carter)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/12/13

 

1. 10/22/2013 CO  Introduced: R,TEU,PHS,F

 

 

R:READ 2ND & REREFER

 

EMERG/AMEND/APPROVE 7 - 0

1.     Correct plat book to book 5, page 71

2.     Correct enactment date of Ord 84-816-426 to August 14, 1084

3.     Delete Section 3 waiver of $500 fee

 

 

Council Member Doyle Carter provided a history of the bill and explained the nature of the request for emergency passage.  He indicated that the applicant for the easement closure was paying the $500.00 application/processing fee..

 

 

 

16.  2013-698

ORD Closing & Abandoning &/or Disclaiming Portion of Oak & Leila Sts, Platted, Opened & Improved R/W at Req of Economic Dev Ofc for Redev of the Brooklyn Area, Subject to Reservation to City & JEA of Easemts over Closed Portion of R/W for Ingress & Egress & for All Utilities. (Dist 7-Gaffney) (McCain) (Req of Mayor)

TEU PH Pursuant to Sec 336.10, F.S. - 11/18/13

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/12/13

 

1. 10/22/2013 CO  Introduced: TEU,F,RCD

 

                               Fact Sheet

 

 

                             READ 2ND & REREFER

 

 

 

 

                 There being no further business, the meeting was adjourned at 4:20 P.M.

 

 

 

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

 

11.05.13

Posted: 4:00 P.M.