TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 05,2008

 

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 05,2008. The meeting was called to order at 10:03 A.M. by Committee Chair Bill Bishop.  The meeting adjourned at 10:30 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Bill Bishop, Chair                                                         Sharonda Pender, Legislative Aide

                     CM Art Shad, Vice Chair - Excused                                       Philip Peterson, Asst. Auditor

                      CM Richard Clark - Excused                                             Peggy Sidman, General Counsel

                      CM Johnny Gaffney                                                             John Jackson, Chief of Research

                      CM Glorious Johnson                                                            Sherry Hall, Administration

                      CM Stephen Joost  

                      CM Art Shad                                                               

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

Dylan Reingold, General Counsel

Shannon Eller, General Counsel

Justin Hart  2008-524, 532, 534

W. Randall Gallup, Concurrency Mgmt Consultant  2008-533

Mike Templton, EPB  2008-537

 

 

 

 

1.    2008-484   AN ORDINANCE APPROPRIATING $1,800,000 FROM THE GENERAL FUND/FUND BALANCE TO THE BUILDING INSPECTION FUND SO AS TO MAKE WHOLE THE BUILDING INSPECTION FUND FOR SHORTFALLS IN THE DEVELOPMENT MANAGEMENT SERVICES ACTIVITY FROM ITS INCEPTION TO SEPTEMBER 30, 2008, AS INITIATED BY B.T. 08-145; PROVIDING AN EFFECTIVE DATE.; 6/17/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 04, 2008

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to AMEND and  APPROVE.

 

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

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2.    2008-524   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY CREATED BY PLAT OF JACKSONVILLE HEIGHTS, RECORDED IN PLAT BOOK 5, PAGE 93, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, OFF 103RD STREET, IN COUNCIL DISTRICT 12, AT THE REQUEST OF LINKS AT BENT CREEK, TO PREVENT FUTURE ACCESS FROM 103RD STREET TO BENT CREEK GOLF COURSE AND TO ALLOW FOR DEVELOPMENT OF SURROUNDING PROPERTY; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to APPROVE.

 

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

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3.    2008-531   A RESOLUTION URGING THE NORTHEAST FLORIDA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REMOVE EXISTING RESTRICTIONS AND ENCOURAGE NEW DOMESTIC EXPLORATION FOR AND PRODUCTION OF OIL IN AN ENVIRONMENTALLY RESPONSIBLE MANNER TO MEET AMERICA'S ENERGY NEEDS; URGING OTHER FLORIDA CITIES AND COUNTIES TO ADOPT SIMILAR RESOLUTIONS PETITIONING THE CONGRESS TO ACT; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: August 04, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to APPROVE.

 

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

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4.    2008-532   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND MIKE REED, AN INDIVIDUAL, FOR A PROJECT TO BE KNOWN AS "OLD KINGS ROAD INDUSTRIAL" (CCAS/CRC NO. 70571), CONSISTING OF A MAXIMUM OF 100,000 SQUARE FEET OF WAREHOUSE USES ON APPROXIMATELY 8.236  ACRES OF PROPERTY LOCATED ON THE NORTH CORNER OF THE INTERSECTION OF PICKETTVILLE ROAD AND OLD KINGS ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 10), WITH A TERM OF FIVE (5) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $354,775 IN FAIR SHARE FUND SECTOR 5.2, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to APPROVE.

 

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

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5.    2008-533   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND JOHNNY L. DUDLEY, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "PHILIPS/9A MULTI-FAMILY" (CCAS/CRC NO. 50128), CONSISTING OF A MAXIMUM OF 480 APARTMENT UNITS ON APPROXIMATELY 30.0  ACRES OF PROPERTY LOCATED AT 11476, 11478, 11480 AND 11484 PINE STREET, AS DESCRIBED THEREIN (COUNCIL DISTRICT 5), WITH A TERM OF SIX (6) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $535,484 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; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to AMEND and  APPROVE.

 

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

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6.    2008-534   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND LINKS AT BENT CREEK, LLLP, A FLORIDA LIMITED PARTNERSHIP, FOR A PROJECT TO BE KNOWN AS "TARA COVE" (CCAS/CRC NO. 70186), CONSISTING OF A MAXIMUM OF 44 APARTMENTS ON APPROXIMATELY 14.48  ACRES OF PROPERTY LOCATED ON 103RD STREET BETWEEN CONNIE JEAN ROAD AND PIPER GLEN BOULEVARD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 12), WITH A TERM OF FIVE (5) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $237,649 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.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to APPROVE.

 

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

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7.    2008-537   AN ORDINANCE IN CONFORMANCE WITH SECTION 108.505, ORDINANCE CODE, AND RESOLUTION 2008-181-A; APPROVING THE EMPLOYMENT OF SPECIAL COUNSEL TO THE CITY'S CLAIMS AGAINST SEMINOLE COUNTY AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT REGARDING THE REMOVAL OF WATER FROM THE ST. JOHNS RIVER; PROVIDING FOR RATES, MAXIMUM EXPENDITURES, AND FOR CARRYOVER TO SUBSEQUENT FISCAL YEARS; APPROPRIATING $400,000 FROM THE ENVIRONMENTAL TRUST FUND ESTABLISHED IN SECTION 111.755, ORDINANCE CODE; WAIVING SECTION 111.755 TO ALLOW FOR THE USE OF THE FUNDS OF THE ENVIRONMENTAL TRUST FUND FOR THE PROSECUTION OF THE CITY'S CLAIMS; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: August 04, 2008

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: August 04, 2008

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 05, 2008

 

Recommend to AMEND and  APPROVE.

 

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

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8.    2008-587   AN ORDINANCE PERMITTING SIX(6) PERPENDICULAR PARKING SPACES ON THE EAST SIDE OF PALM AVENUE (ADJACENT TO 1449 PALM AVENUE), BETWEEN PHILLIPS STREET AND CEDAR STREET IN COUNCIL DISTRICT 5;  PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and Read 2nd & Rerefer.

 

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

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2ND READINGS

 

9.    2008-556   AN ORDINANCE ADOPTING THE FIVE-YEAR PROGRAM FOR USE OF SECOND GAS TAX FUNDS FOR ROADS FOR THE CITY FOR THE 2008-2009 FISCAL PERIOD, AS PROVIDED FOR IN CHAPTER 748, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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10.    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

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11.    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

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12.    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

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13.    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

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14.    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

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15.    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

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16.    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

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17.    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

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18.    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

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19.    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

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