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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
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 -
_____________________
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 -
_____________________
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 -
_____________________
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 -
_____________________
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 -
_____________________
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 -
_____________________
7.
2008-683 AN ORDINANCE PERMITTING
PERPENDICULAR PARKING SPACES ON THE EAST SIDE OF
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: September 03, 2008
Recommend to APPROVE.
AYES -
_____________________
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 -
_____________________
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 -
_____________________
2ND
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
_____________________
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.
_____________________
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
_____________________
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
_____________________
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
_____________________
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
_____________________
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
_____________________