TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 06,2011

 

GREG ANDERSON, 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 06,2011. The meeting was called to order at 2:08 P.M. by Committee Chair Greg Anderson.  The meeting adjourned at 2:28 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Greg Anderson, Chair                                       Juliette Williams, Legislative Aide

                     CM Richard Clark, Vice Chair - Excused                             Heather Norsworthy, Asst. Auditor

                        CM Kimberly Daniels                                          Steve Rohan, General Counsel

                        CM Johnny Gaffney                                                   John Jackson, Chief of Research

                        CM Jim Love                                                                   Jessica Deal, Administration

                        CM Robin Lumb                                                              

                        CM Don Redman                                                                                                                                                       

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

 

 

 

 

 

 

 

1.    2010-609   AN ORDINANCE GRANTING THE APPLICATION OF AACTION RECYCLING CORPORATION FOR RENEWAL OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A CONSTRUCTION AND DEMOLITION MATERIALS RECOVERY FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

2.    2011-366   AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE (I} THE ECONOMIC DEVELOPMENT AGREEMENT ("PARADOR AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND DEVELOPER PARADOR PARTNERS, LLC ("PARADOR"), AND (II) THE RESTRICTIVE COVENANTS AND PARKING RIGHTS AGREEMENT, OPTION AGREEMENT AND RELATED DOCUMENTS DESCRIBED IN THE PARADOR AGREEMENT, FOR THE PURPOSE OF STRENGTHENING THE URBAN CORE BY PROVIDING ADDITIONAL DOWNTOWN PARKING FOR OFFICE, RETAIL AND VISITATION USES, INCLUDING BY RESERVING SHORT TERM PARKING SPACES FOR THE BENEFIT OF LANDING RETAIL ESTABLISHMENT PATRONS AND OTHER MEMBERS OF THE GENERAL PUBLIC IN A NEW APPROXIMATELY 500-SPACE PARKING GARAGE ("PARADOR GARAGE") TO SERVE THE ADJACENT SUNTRUST BUILDING AND PROVIDE PUBLIC PARKING FOR AREA RETAIL ESTABLISHMENTS INCLUDING THE LANDING, WHICH GARAGE WILL BE CONSTRUCTED BY PARADOR ON THE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS IN DOWNTOWN JACKSONVILLE; AUTHORIZING THE APPROPRIATION OF $3.5 MILLION FOR A CITY GRANT TO PARADOR UPON THE OPENING OF THE PARADOR GARAGE; AUTHORIZING A PARKING VALIDATION PROGRAM GRANT ("PARKING VALIDATION PROGRAM") TO ENABLE PARADOR TO PROVIDE PARKING DISCOUNTS TO LANDING RETAIL ESTABLISHMENT PATRONS WHO PARK IN THE PARADOR GARAGE, WITH THE CITY CONTRIBUTING UP TO $132,250 PER YEAR BEGINNING IN THE SIXTH YEAR AFTER THE OPENING OF THE PARADOR GARAGE AND CONTINUING UNTIL MARCH 13, 2031, FOR A TOTAL AGGREGATE MAXIMUM CITY GRANT OF $1,587,000 FOR THE PARKING VALIDATION PROGRAM, PROVIDED HOWEVER THAT THE PARKING VALIDATION PROGRAM IS CONTINGENT UPON (A) THE APPROVAL OF THE PARADOR AGREEMENT BY JACKSONVILLE LANDING INVESTMENTS, LLC ("JLI"), THE CURRENT TENANT UNDER THE DISPOSITION, DEVELOPMENT AND LEASE AGREEMENT DATED OCTOBER 3, 1985 BETWEEN THE CITY AND JLI'S PREDECESSOR, AS AMENDED, FOR THE LEASE OF THE LANDING UNDERLYING AND SURROUNDING THE LANDING BUILDINGS ("LANDING LEASE"), AND (B) JLI'S RELEASE OF ITS PRESENT RIGHT TO CONSTRUCT ITS OWN PARKING GARAGE IN A DEFINED AREA OF DOWNTOWN AND RECEIVE SIMILAR CITY INCENTIVES PURSUANT TO THE TERMS OF THE SIXTH AMENDMENT TO THE LANDING LEASE DATED FEBRUARY 8, 2007; AUTHORIZING THE CITY TO GRANT PARADOR A FIVE-YEAR OPTION TO PURCHASE THE "SISTER CITIES PARCEL" LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BAY AND WATER STREETS, PURSUANT TO THE TERMS OF THE OPTION AGREEMENT ("OPTION AGREEMENT") ATTACHED TO THE PARADOR AGREEMENT, CONTINGENT UPON THE CITY OBTAINING TITLE TO THE SISTER CITIES PARCEL FROM THE CURRENT OWNER, PROJECT RIVERWATCH, LLC, PURSUANT TO A PROPOSED SETTLEMENT AGREEMENT BETWEEN THE CITY AND PROJECT RIVERWATCH, LLC, TO BE AUTHORIZED IN SEPARATE LEGISLATION BEING FILED CONTEMPORANEOUSLY HEREWITH; WAIVING SECTIONS 122.431 THROUGH 122.434, ORDINANCE CODE, REQUIRING ONE OR MORE APPRAISALS BEFORE SELLING ANY CITY PROPERTY LOCATED IN A COMMUNITY REDEVELOPMENT AREA, INCLUDING THE DOWNTOWN AREA, AND FURTHER REQUIRING NOTICE TO THE CITY COUNCIL PRIOR TO ADVERTISING FOR ANY PROPOSALS AND SEPARATE NOTICE TO CITY COUNCIL NOT LESS THAN 30 DAYS PRIOR TO ACCEPTANCE OF ANY SUCH PROPOSALS; PROVIDING THAT THE REASON FOR THE FOREGOING WAIVER IS THAT (A) THE SALE OF THE SISTER CITIES PARCEL IS PURSUANT TO THE OPTION AGREEMENT APPROVED BY THIS ORDINANCE, (B) THE SALE WILL BE ADMINISTERED BY THE JEDC, (C) THE SALE IS CONTINGENT UPON PARADOR'S READINESS TO DEVELOP AT LEAST A TWO-STORY STRUCTURE ON THE PARCEL AND ADJACENT LAND, AND (D) THE COMMUNITY REDEVELOPMENT AREA PROPERTY DISPOSITION REQUIREMENTS IN §163.380, FLORIDA STATUTES, WILL BE FOLLOWED, INCLUDING THE NOTICE AND ADVERTISEMENT FOR PROPOSALS REQUIREMENTS CONTAINED THEREIN; PROVIDING FOR THE CARRYOVER OF FUNDS TO FUTURE FISCAL YEARS; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO DE-AUTHORIZE PRIORITY 1 STATUS FOR THE PROJECT "MET PARK REDEVELOPMENT"; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.

 

; 6/6/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 07, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: June 20, 2011

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: June 21, 2011

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: June 20, 2011

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Daniels, Gaffney, Love, Lumb, Redman, ( 5 )

 

NAYS - Anderson, ( 1 )

_____________________

 

3.    2011-412   AN ORDINANCE APPROPRIATING $1,300,000 IN INVESTMENT POOL EARNINGS TO PROVIDE FUNDING FOR PHASE I IMPROVEMENTS TO THE WATER STREET GARAGE, AS INITIATED BY B.T. 11-101; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "WATER STREET GARAGE UPDATE" AND TO REDUCE THE BUDGET FOR THE PROJECT ENTITLED "FACILITIES CAPITAL MTNCE - GOV'T"; PROVIDING FOR OVERSIGHT BY THE PUBLIC BUILDINGS DIVISION OF THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE.; 7/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: July 19, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 


REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

4.    2011-457   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF JONES ROAD LANDFILL & RECYCLING, LTD. FOR RENEWAL AND MODIFICATION OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE.; 8/1/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

5.    2011-458   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF INTERNATIONAL WASTE CONTROL, INC. FOR RENEWAL AND MODIFICATION OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A BIOMEDICAL WASTE AND REGULATED GARBAGE STERILIZER FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE.; 8/1/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

6.    2011-494   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, AS LANDLORD, AND U.S. GREEN BUILDING COUNCIL-NORTH FLORIDA CHAPTER, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AS TENANT; SAID LEASE BEING FOR FIVE (5) YEARS, FOR 4,940 SQUARE FEET ON THE FIRST FLOOR OF THE MAIN LIBRARY PARKING GARAGE LOCATED AT 33 WEST DUVAL STREET, AT NO RENTAL OR UTILITY COST TO TENANT; PROVIDING AN EFFECTIVE DATE.; 8/1/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 02, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

7.    2011-513   A RESOLUTION CALLING TO ACTION ALL CITIZENS OF NORTHEAST FLORIDA TO JOIN THE "SUPPORT OUR PORT" BRING THE NOISE COMMUNITY CAMPAIGN BY RAISING AWARENESS THROUGH EDUCATION, ACTIVISM AND LETTER WRITING; MOBILIZING NORTHEAST FLORIDA'S COMPETITIVE SPIRIT TO DRIVE PORT PROGRESS, A STRONGER ECONOMY AND A BETTER QUALITY OF LIFE; PROVIDING AN EFFECTIVE DATE.; 8/15/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

8.    2011-536   AN ORDINANCE AMENDING CHAPTER 655 (CONCURRENCY AND MOBILITY MANAGEMENT SYSTEM), PART 1 (GENERAL PROVISIONS), PART 2 (JACKSONVILLE DEVELOPMENT AGREEMENT REGULATIONS) AND PART 3 (FAIR SHARE ASSESSMENT PROCEDURES); AND STRIKING PART 5 (INDUSTRIAL USES) AND ESTABLISHING A NEW PART 5 (MOBILITY FEE), ORDINANCE CODE, TO CREATE A MOBILITY SYSTEM TO REPLACE THE TRANSPORTATION CONCURRENCY AND FAIR SHARE ASSESSMENT CONTRACT SYSTEM, CONSISTENT WITH THE CITY OF JACKSONVILLE 2030 MOBILITY PLAN AND THE STATE OF FLORIDA CONCURRENCY STATUTE, SECTION 163.3180, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.; 8/15/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 16, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________

 

9.    2011-537   AN ORDINANCE APPROVING THE SETTLEMENT OF A DISPUTE BETWEEN THE CITY OF JACKSONVILLE AND LARRY AND BRENDALIN HARDEN, WITH RESPECT TO THE EMERGENCY DEMOLITION OF IMPROVEMENTS AT 6113 AND 6115 NORWOOD AVENUE, JACKSONVILLE, FLORIDA; APPROVING AN EXPENDITURE FOR THE SETTLEMENT IN THE AMOUNT OF $150,000.00 FROM JUDGMENT, CLAIMS AND LOSSES FUNDS, UPON SPECIFIED CONDITIONS; APPROVING THE EXECUTION OF THE SETTLEMENT AND RELEASE AGREEMENT; AUTHORIZING THE EXECUTION OF ANY OTHER SETTLEMENT DOCUMENTS; APPROPRIATING $150,000 FROM JUVENILE JUSTICE TO JUDGMENT, CLAIMS AND LOSSES TO FUND THE SETTLEMENT BETWEEN THE CITY OF JACKSONVILLE AND LARRY AND BRENDALIN HARDEN; AND PROVIDING AN EFFECTIVE DATE; 8/15/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 06, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Daniels, Gaffney, Love, Lumb, Redman, ( 6 )

_____________________