TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 03,2008

 

BILL BISHOP, 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, September 03,2008. The meeting was called to order at 10:06 A.M. by Committee Chair Bill Bishop. The meeting adjourned at 10:51 A.M.

 

 

Members in Attendance: Staff Attendance:

CM Bill Bishop, Chair Sharonda Pender, Legislative Aide

CM Art Shad, Vice Chair Carmen Martin, Asst. Auditor

CM Richard Clark - Excused Peggy Sidman, General Counsel

CM Johnny Gaffney Jeff Clements, Chief of Research

CM Glorious Johnson Arrived 10:17 Lisa Rinaman, Administration

CM Stephen Joost - Excused

CM Don Redman

 

 

 

Others in Attendance:

 

Shannon Eller, General Counsel (2008-683)

Brad Thoburn, Planning Dept.

Kyle Billy, Asst. Auditor (2008-538)

Dylan Reingold, General Counsel (2008-679 & 2008-680)

Cindy Laquidara, General Counsel (2008-677)

Randall Gallup, Concurrency Management (2008-648, 2008-649, 2008-681)

Steve Smith, Planning

 

 

 

PRESENTATION on Landfill Contract Highlights by Chris Pearson, Solid Waste Division

 

PRESENTATION on the Transportation Concurrency Review Process by Laurie Kattreh, Planning Dept

 

 

 

 

1. 2008-538 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE AMENDED AND RESTATED LANDFILL OPERATION AND CONSTRUCTION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE AND TRAIL RIDGE LANDFILL, INC. ("CONTRACTOR"), A SUBSIDIARY OF WASTE MANAGEMENT, INC. OF FLORIDA; EXEMPTING THE AGREEMENT FROM, OR WAIVING, THE PROVISIONS OF PART 2 (SUPPLIES, CONTRACTUAL SERVICES AND CAPITAL IMPROVEMENTS) AND PART 3 (PROFESSIONAL SERVICES CONTRACTS) OF CHAPTER 126, (PROCUREMENT CODE), ORDINANCE CODE, SO AS TO ALLOW EXECUTION OF THE AGREEMENT WITHOUT THE NECESSITY OF FOLLOWING CERTAIN OF THE COMPETITIVE BIDDING AND/OR PROPOSAL PROCEDURES OF THE PROCUREMENT CODE DUE TO (I) THE COUNCIL'S APPROVAL OF THE AGREEMENT IN THIS ORDINANCE, (II) CONTRACTOR'S KNOWLEDGE AND EXPERIENCE IN THE OPERATION AND CONSTRUCTION OF THE EXISTING LANDFILL FACILITY AND (III) THE REQUIRMENT FOR THE CONTRACTOR OR CITY TO COMPETITIVELY BID THE CONSTRUCTION OF THE NEW LANDFILL FACILITY AT SUCH TIME AS THE APPROPRIATE LANDFILL PERMITS ARE OBTAINED AND THE PERMIT REQUIREMENTS AND SPECIFICATIONS ARE KNOWN; PROVIDING AN EFFECTIVE DATE; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 02, 2008

 

Recommend to SUBSTITUTE and REREFER.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to SUBSTITUTE and REREFER.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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2. 2008-630 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN OPTION TO PURCHASE BETWEEN THE CITY OF JACKSONVILLE, AS BUYER, AND ICI VILLAGES, LLC, AS SELLER; APPROPRIATING $10,500,000 FROM THE LANDFILL CLOSURE ACCOUNT FOR THE CITY'S PURCHASE, PERMITTING AND DEVELOPMENT OF AN APPROXIMATELY 500 ACRE SITE ADJACENT TO THE TRAIL RIDGE LANDFILL FOR USE AS A BORROW PIT TO FURNISH FILL MATERIAL FOR LANDFILL OPERATIONS, AS INITIATED BY B.T. 08-___; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2008-2009; AMENDING THE 2007-2012 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2007-814-E FOR THE PROJECT ENTITLED "TRAIL RIDGE BORROW PIT"; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ACQUISITION OF THE LAND; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 02, 2008

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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3. 2008-648 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND NEWCOM DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "GREENLAND ROAD COMMERCIAL PARK - MAGELLAN ACADEMY" (CCAS/CRC NO. 70331), CONSISTING OF A 13,000 SQUARE FOOT DAYCARE CENTER ON APPROXIMATELY 17.647 ACRES OF PROPERTY LOCATED ON GREENLAND ROAD BETWEEN GREENLAND CHASE BOULEVARD AND GRENADA DRIVE, AS DESCRIBED THEREIN (COUNCIL DISTRICT 5), WITH A TERM OF THREE (3) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $196,473 IN FAIR SHARE FUND SECTOR 3.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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4. 2008-649 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND MARK B. MACLEAN, AN INDIVIDUAL, FOR A PROJECT TO BE KNOWN AS "MACLEAN ESTATES" (CCAS/CRC NO. 50831), CONSISTING OF A MAXIMUM OF 30 SINGLE FAMILY DWELLING UNITS ON APPROXIMATELY 5.27 ACRES OF PROPERTY LOCATED ON PARENTAL HOME ROAD BETWEEN IBACH ROAD AND EBERSOL ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 4), WITH A TERM OF FIVE (5) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $249,517 IN FAIR SHARE FUND SECTOR 3.4, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to APPROVE.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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5. 2008-677 AN ORDINANCE REGARDING THE RETENTION OF SPECIAL COUNSEL PURSUANT TO SECTION 108.505(C), ORDINANCE CODE; APPROVING THE ENGAGEMENT OF TANNER BISHOP, ATTORNEYS, AS SPECIAL COUNSEL ON BEHALF OF THE CITY OF JACKSONVILLE REGARDING AN ATTORNEYS FEE DISPUTE AND INSURANCE COVERAGE CLAIMS IN THE TOXIC TORT ASH SITE LITIGATION; APPROPRIATING $250,000 FROM OFFICE OF GENERAL COUNSEL RETAINED EARNINGS; PROVIDING FOR A CARRYOVER; AND PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 02, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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6. 2008-681 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND FIRST COAST BAPTIST CHURCH, FOR A PROJECT TO BE KNOWN AS "FIRST COAST BAPTIST CHURCH CLASSROOM BUILDING" (CCAS/CRC NO. 70615), CONSISTING OF A PRIVATE SCHOOL WITH A MAXIMUM OF 47,000 SQUARE FEET ON APPROXIMATELY 8.881 ACRES OF PROPERTY LOCATED AT 7587 BLANDING BOULEVARD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 14), WITH A TERM OF TWO (2) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $209,937 IN FAIR SHARE FUND SECTOR 4.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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7. 2008-683 AN ORDINANCE PERMITTING PERPENDICULAR PARKING SPACES ON THE EAST SIDE OF ARCO DRIVE AND THE SOUTH SIDE OF LOS SANTOS WAY (ADJACENT TO 900 UNIVERSITY BOULEVARD NORTH) IN COUNCIL DISTRICT 7; PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to APPROVE.

 

AYES - Clark, Gaffney, Redman, Shad, ( 4 )

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8. 2008-679 AN ORDINANCE AMENDING CHAPTER 655 (CONCURRENCY MANAGEMENT SYSTEM); PART 3 (FAIR SHARE ASSESSMENT PROCEDURES), ORDINANCE CODE, TO ESTABLISH A NEW SECTION 655.309 (EXTENSION OF FAIR SHARE ASSESSMENT CONTRACTS); PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 02, 2008

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Gaffney, Johnson, Redman, Shad, ( 5 )

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9. 2008-680 AN ORDINANCE AMENDING CHAPTER 655 (CONCURRENCY MANAGEMENT SYSTEM); PART 3 (FAIR SHARE ASSESSMENT PROCEDURES), ORDINANCE CODE, TO AMEND SECTION 655.304 (EXTENSION OF FAIR SHARE ASSESSMENT ADMINISTRATIVE PROCEDURES; ADMINISTRATIVE APPROVAL PROCESS FOR FAIR SHARE ASSESSMENT CONTRACTS WITH ASSESSMENTS LESS THAN $100,000) REGARDING PROCEDURES FOR ADDRESSING ERRORS IN ASSESSMENT CALCULATIONS; PROVIDING AN EFFECTIVE DATE; 8/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 02, 2008

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Gaffney, Johnson, Redman, Shad, ( 5 )

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2ND READINGS

 

 

10. 2008-702 AN ORDINANCE AMENDING CHAPTER 320 (GENERAL PROVISIONS), PART 4 (PERMITS), SECTIONS 320.402 (APPLICATION FOR PERMIT), 320.408 (PERMITS), 320.409 (SCHEDULE OF PERMIT FEES), 320.410 (CONDITIONS OF PERMIT) AND 320.411 (REVOCATION OF PERMIT), ORDINANCE CODE, TO PROVIDE FOR SUSPENSION AND REACTIVATION OF PERMITS, REQUIRE REPAIRS, RENOVATIONS AND ALTERATIONS OF EXISTING POOLS AND SPAS TO BE CONTRACTED BY A STATE CERTIFIED CONTRACTOR AND PERMITTED BY THE BUILDING INSPECTION DIVISION, UPDATE THE PERMIT FEE SCHEDULE, EXEMPT FROM INSPECTION ROOFING REPAIRS OR REROOFING NOT EXCEEDING $2,500 IN TOTAL COST AND REPAIRS, RENOVATIONS AND ALTERATIONS OF EXISTING RESIDENTIAL POOLS AND SPAS, REMOVE REDUNDANT LANGUAGE AND SUBSTITUTE CONSISTENT LANGUAGE; PROVIDING AN EFFECTIVE DATE

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11. 2008-710 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND WESTLAND RESIDENTIAL DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "WILLOW LAKES - WESTLAND VILLAGE" (CCAS/CRC NO. 49507), CONSISTING OF A MAXIMUM OF 98,550 SQUARE FEET OF RETAIL USES ON APPROXIMATELY 28.355 ACRES OF PROPERTY LOCATED ON COLLINS ROAD BETWEEN I-295 AND GRAYFIELD DRIVE, AS DESCRIBED THEREIN (COUNCIL DISTRICT 14), WITH A TERM OF THREE (3) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $2,995,136 IN FAIR SHARE FUND SECTOR 4.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.

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12. 2008-711 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND WESTLAND RESIDENTIAL DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "WILLOW LAKES - WESTLAND VILLAGE" (CCAS/CRC NO. 49507), CONSISTING OF A MAXIMUM OF 98,550 SQUARE FEET OF RETAIL USES ON APPROXIMATELY 28.355 ACRES OF PROPERTY LOCATED ON COLLINS ROAD BETWEEN I-295 AND GRAYFIELD DRIVE, AS DESCRIBED THEREIN (COUNCIL DISTRICT 14), WITH A TERM OF THREE (3) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $2,995,136 IN FAIR SHARE FUND SECTOR 4.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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13. 2008-725 AN ORDINANCE APPROPRIATING $157,460.13 FROM THE RESERVE FOR FEDERAL PROGRAMS TO CLOSE OUT THE MAYPORT FERRY SUB-FUND, AS INITIATED BY B.T. 08-172; PROVIDING AN EFFECTIVE DATE

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14. 2008-726 AN ORDINANCE TRANSFERRING $15,780,950 BETTER JACKSONVILLE PLAN ("BJP") TRANSPORTATION PAY-GO FUNDING TO SUBSIDIES AND CONTRIBUTIONS TO OTHER GOVERNMENT (SUB-OBJECT 8101) IN ORDER TO REFLECT ACCOUNTING CHANGES REQUIRED BY THE SECOND AMENDMENT TO THE BJP INTERLOCAL AGREEMENT WITH JTA, AS INITIATED BY B.T. 08-173; PROVIDING AN EFFECTIVE DATE

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15. 2008-727 AN ORDINANCE APPROPRIATING $58,500 FROM TREE MITIGATION FUND FOR TREE PLANTING AND LANDSCAPING FOR BOOTE BOULEVARD TREE PLANTING PROJECT; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE

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16. 2008-744 A RESOLUTION REGARDING THE GEORGIA-PACIFIC CORPORATION AND THE POLLUTION OF THE ST. JOHNS RIVER; REQUESTING AND AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO PURSUE ALL LEGAL AND ADMINISTRATIVE AVENUES TO PREVENT A 4-MILE POLLUTING PIPELINE FROM A PAPER MILL TO THE ST. JOHNS RIVER IN PUTNAM COUNTY, WHICH WILL DAMAGE THE ST. JOHNS RIVER WATER RESOURCES OR ECOLOGY; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL IF NECESSARY; PROVIDING AN EFFECTIVE DATE

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