TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 19,2008

 

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, August 19,2008. The meeting was called to order at 10:02 A.M. by Committee Chair Bill Bishop.  The meeting adjourned at 10:50 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                                                             Peggy Sidman, General Counsel

                      CM Johnny Gaffney                                                             Jeff Clements, Chief of Research

                      CM Glorious Johnson                                                            Lisa Rinaman, Administration

                      CM Stephen Joost                                                           Planning Dept, Stephen Smith

                      CM Art Shad                                                                                            Laurie Kattreh

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

PRESENTATION by Michael Miller, JTA regarding proposed transportation issues and projects.

 

 

Emily Pierce, Rogers Towers (2008-560)

Dylan Reingold, General Counsel (2008-560)

Ken Pinnex, Housing (2008-632)

Deborah Walters (2008-632)

 

 

1.    2008-560   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND D. R. HORTON, INC. - JACKSONVILLE, A DELAWARE CORPORATION, FOR A PROJECT TO BE KNOWN AS "GREAT MEADOWS" (CCAS/CRC NO. 43789), CONSISTING OF A MAXIMUM OF 189 SINGLE-FAMILY DETACHED DWELLING UNIT LOTS AND 692 TOWNHOUSE/CONDOMINIUM DWELLING UNITS ON APPROXIMATELY 231.20  ACRES OF PROPERTY LOCATED EAST OF CHAFFEE ROAD, BETWEEN OLD GAINESVILLE ROAD AND PANTHER CREEK PARKWAY, AS DESCRIBED THEREIN (COUNCIL DISTRICT 12), WITH A TERM OF SEVEN (7) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $2,608,526 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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2.    2008-561   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND MANDARIN ACRES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "GOLFSIDE CONDOMINIUMS" (CCAS/CRC NO. 39421), CONSISTING OF A MAXIMUM OF 1500 TOWNHOUSE/CONDOMINIUM UNITS ON APPROXIMATELY 72.72  ACRES OF PROPERTY LOCATED ON THE SOUTH END OF SHELLIE ROAD, BETWEEN HOOD ROAD AND CRAVEN ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 5), WITH A TERM OF EIGHT (8) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $581,309 IN FAIR SHARE FUND SECTOR 3.3, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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3.    2008-576   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF JACKSONVILLE, A GRANT OF EASEMENT GRANTING TO AT&T, AT NO COST, A UTILITY EASEMENT ON AND OVER PROPERTY OFF MARBLEHEAD ROAD, IN COUNCIL DISTRICT 7, SO AS TO ALLOW FOR THE RELOCATION OF TELEPHONE POLES CURRENTLY ON A SITE WHICH WILL BE USED IN THE FUTURE AS A DRAINAGE POND IN THE HART'S ROAD RECONSTRUCTION PROJECT (R.E. PROJECT #2004-89); PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 18, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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4.    2008-577   AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A CITY DEED CONVEYING LAND AIR LIMITED ACCESS RIGHTS, ACQUIRED BY THE CITY OF JACKSONVILLE IN SEPTEMBER OF 2002 BY CONSENT ORDER OF TAKING, OVER PARCEL 800.1, CITY OF JACKSONVILLE PROPERTY ALONG OLD ST. AUGUSTINE ROAD NEAR ITS INTERSECTION WITH I-95, IN COUNCIL DISTRICTS 5 AND 6, FROM THE CITY OF JACKSONVILLE TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, WHICH HAS AN INTEREST IN SECURING THE LIMITED ACCESS RIGHTS AND PRESERVING THE LIMITED ACCESS LINE FOR REASONS OF MEETING CURRENT STANDARDS AND SAFETY; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 18, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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5.    2008-578   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 013500-0000) LOCATED NEAR THE INTERSECTION OF 103RD STREET AND OLD MIDDLEBURG ROAD, IN COUNCIL DISTRICT 12, TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.422(C)(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE MARKETING AND DISPOSITION OF THE SUBJECT PARCEL BY AUCTION, DIRECT SALE OR LISTING WITH A LICENSED REAL ESTATE BROKER; WAIVING THE PROVISIONS OF SECTION 122.429 (USE OF PROCEEDS FROM SURPLUS LAND SALES) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE NET PROCEEDS FROM THE SALE OF THE SUBJECT PARCEL TO BE DEPOSITED INTO THE 5-YEAR ROAD PROJECTS ACCOUNT# PWGM141FYRP-06102-PW0014-01; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: August 18, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: August 18, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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6.    2008-579   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A 40 FOOT DRAINAGE EASEMENT LYING NEAR THE INTERSECTION OF JONES ROAD AND PRITCHARD ROAD, IN COUNCIL DISTRICT 8, CREATED BY GRANT OF EASEMENT DATED MARCH 21, 2003, AND RECORDED IN OFFICIAL RECORDS BOOK 10998, PAGES 242-253 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF PROLOGIS, TO ALLOW FOR COMMERCIAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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7.    2008-587   AN ORDINANCE PERMITTING SIX(6) PERPENDICULAR PARKING SPACES ON THE EAST SIDE OF PALM AVENUE (BETWEEN PHILLIPS STREET AND CEDAR STREET AND TWO(2) PERPENDICULAR PARKING SPACES ON THE SOUTH SIDE OF PHILLIPS STREET, BETWEEN PALM AVENUE AND SAN MARCO BOULEVARD (ADJACENT TO 1449 PALM AVENUE) IN COUNCIL DISTRICT 5;  PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Amend/Read 2nd & Rerefer 5-0

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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8.    2008-590   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO CLOSE AND EXECUTE ALL NECESSARY CONTRACTS, DEEDS AND CLOSING DOCUMENTS, INCLUDING A DRAINAGE EASEMENT AGREEMENT, AND TO OTHERWISE TAKE ALL NECESSARY ACTION REQUIRED, TO EFFECTUATE THE CITY OF JACKSONVILLE'S ACQUISITION, FROM COASTAL BAPTIST CHURCH, INC. ("SELLER"), AT ITS APPRAISED VALUE OF $510,000, OF THAT CERTAIN PARCEL OF PROPERTY, 1.95 ACRES IDENTIFIED AS PARCEL 100-2, R. E. NUMBER 162200-0040, LOCATED AT THE INTERSECTION OF ASHLEY MELISSE BOULEVARD AND ARKENSTONE DRIVE, IN COUNCIL DISTRICT 2, IN ACCORDANCE WITH THE TERMS OF THE CITY OF JACKSONVILLE REAL ESTATE DIVISION REAL ESTATE PURCHASE AND SALE AGREEMENT, FOR CONSTRUCTION OF A RETENTION POND TO ACCOMMODATE STORM WATER DRAINAGE FOR THE GIRVIN ROAD IMPROVEMENT PROJECT (PROJECT 2007-97); PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 18, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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9.    2008-591   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A DRAINAGE EASEMENT LYING NEAR THE INTERSECTION OF SCOTT MILL ROAD AND CHRISTY LANE, IN COUNCIL DISTRICT 6, CREATED BY PLAT OF AZALEA AT SCOTT MILL PHASE I AND RECORDED IN PB 63, PAGES 177-178 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF SCOTT MILL PARTNERSHIP, LLC, TO ALLOW FOR RESIDENTIAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

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10.    2008-632   A RESOLUTION DESIGNATING PROPERTY LOCATED AT 7407 SALISBURY ROAD, JACKSONVILLE, FLORIDA 32256, AS A BROWNFIELD AREA FOR ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE; 8/5/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Joost, Redman, Shad, ( 7 )

_____________________

 

 

 

2ND READINGS

 

 

11.    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

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12.    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

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13.    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

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14.    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

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15.    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

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16.    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

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17.    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

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