TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

May 02,2011

 

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, May 02,2011. The meeting was called to order at 2:03 P.M. by Committee Chair Bill Bishop.  The meeting adjourned at 2:42 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                  

                    CM Bill Bishop, Chair                                              Philip Zamarron, Legislative Aide

                    CM Michael Corrigan, Vice Chair - Excused               Phillip Peterson, Asst. Auditor

                      CM Stephen Joost                                                           Steve Rohan, General Counsel

                      CM Kevin Hyde                                                                         John Jackson, Chief of Research

                      CM John Crescimbeni                                                            Sherry Hall, Administration

                      CM Richard Clark                                                             Heather Norsworthy, Asst. Auditor

                                                                                                            Laurie Kattreh, Planning Dept.

                                                 Stephen Smith, Planning Dept.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

Ron Barton, JEDC (11-164)                     Chris Flagg (11-164)                   Ellen Fales, Planning

Paul Crawford, JEDC (11-164)                 Michelle Baldwin (11-166)           William Killingsworth, Planning

Stephen Tocknell (11-164)                      Alan Fetner (11-191)                   Tony Bates

Jonathan Garza, DDRB (11-164)  Connie Benham (11-237)            Hastings Williams, JFR

Timothy Miller, DDRB (11-164)                Bob Williams, Real Estate

John Fischer, DDRB (11-164)                  Nancy Kilgo, JEA

Monty Selim, DDRB (11-164)                  Cherry Shaw, GC (11-191)

Andy Sikes, DDRB (11-164)                    Kristina Nelson, GC (11-230)

1.    2011-173   AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S DAMAGES IN A TOTAL AMOUNT OF $50,000.00 AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $15,532.00 AND RECOVERABLE COSTS IN THE AMOUNT OF $20,920.00, FOR A TOTAL MONETARY SETTLEMENT OF $86,452.00, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $83,518.00, ALL RESULTING FROM THE CONDEMNATION OF PARCELS 110 AND 788, IN RELATION TO THE RICKER ROAD PROJECT IN COUNCIL DISTRICT 12, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. RICHARD G. OLDHAM, ET AL., CASE NO. 2008-CA-10359; PROVIDING AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 05, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 02, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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2.    2011-176   AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, OR HIS DESIGNEE, TO EXECUTE ALL FUTURE BILLS OF SALE DONATING INFRASTRUCTURE IN THE RIGHT-OF-WAY TO JEA ONLY AS TO CERTAIN WATER/SEWER IMPROVEMENTS RELATED TO CITY PROPERTY; PROVIDING AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 05, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 02, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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3.    2011-202   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A DRAINAGE AND UTILITIES EASEMENT LOCATED AT 1633 BERWICK ROAD, IN COUNCIL DISTRICT 5, ESTABLISHED VIA PLAT BOOK 15, PAGES 94 AND 94A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THOMAS REITER, OWNER OF THE PROPERTY IN WHICH THE EASEMENT LIES, SO AS TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO HIS GARAGE, SUCH EASEMENT CONTAINING NO INFRASTRUCTURE AND NO FUTURE NEED OF SUCH EASEMENT BEING ANTICIPATED; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 02, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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4.    2011-203   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (LESSOR) AND IL C. KIM (LESSEE), SAID LEASE BEING FOR FIVE (5) YEARS, WITH ONE (1) OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS, FOR 1,875 SQUARE FEET ON THE FIRST FLOOR OF THE ED BALL BUILDING AT 214 N. HOGAN STREET, AT AN INITIAL MONTHLY RATE OF $2,890.63, WITH A THREE PERCENT (3%) ANNUAL ESCALATION; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 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: May 02, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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5.    2011-204   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND REPUBLIC SERVICES OF FLORIDA, LP, A DELAWARE LIMITED PARTNERSHIP, FOR A PROJECT TO BE KNOWN AS "SOUTHLAND RECYCLING SERVICES" (CCAS/CRC NO. 76974), CONSISTING OF 120,000 SQUARE FEET OF GENERAL HEAVY INDUSTRIAL USES ON APPROXIMATELY 80.0  ACRES OF PROPERTY LOCATED ON IMESON ROAD BETWEEN MONCRIEF ROAD WEST AND GARDEN STREET, AS DESCRIBED THEREIN (COUNCIL DISTRICT 8), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $303,037 IN FAIR SHARE FUND SECTOR 5.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 02, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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6.    2011-230   AN ORDINANCE REGARDING ORDINANCE 2007-832-E AND CHAPTER 320 (CONSTRUCTION REGULATIONS AND BUILDING CODES), PART 4 (PERMITS), AMENDING SECTION 320.403(D)(9) (APPROVAL OF OTHER AUTHORITIES), ORDINANCE CODE; AND AMENDING CHAPTER 654 (CODE OF SUBDIVISION REGULATIONS), BY CREATING A NEW SECTION 654.123 (DESIGN STANDARDS: ASH MANAGEMENT PLAN FOR BROWN'S DUMP AND JACKSONVILLE ASH SITES), TO CODIFY THE ASH MANAGEMENT PLAN; RENUMBERING THE REMAINING SECTIONS IN CHAPTER 654; UPDATING THE LAND DEVELOPMENT PROCEDURES MANUAL; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: April 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: May 02, 2011

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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2ND READINGS

 

7.    2011-274   AN ORDINANCE REGARDING CHAPTER 360 (ENVIRONMENTAL PROTECTION), ORDINANCE CODE, AND THE ENVIRONMENTAL PROTECTION FUND; AMENDING SECTION 360.602 (USE OF FUNDS), TO INCLUDE EDUCATION AND OUTREACH ACTIVITIES AS PERMISSIVE FUND EXPENDITURES; PROVIDING AN EFFECTIVE DATE

 

Recommend to SUBSTITUTE and READ 2ND & REREFER

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, Joost, ( 6 )

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8.    2011-239   AN ORDINANCE CLOSING AND ABANDONING HERITAGE RIVER ROAD LOCATED IN COUNCIL DISTRICT 11 AT THE REQUEST OF RIVERFRONT ASSOCIATES, LLC, UPON THE DEDICATION BY PLAT TO THE CITY OF A TWO LANE ACCESS ROAD LOCATED BETWEEN STATE ROAD NO. 105 - HECKSCHER DRIVE AND SISTERS CREEK JOE CARLUCCI BOAT RAMP AND PARK IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 654, CITY ORDINANCE CODE; PROVIDING FOR THE DURATION OF THE ORDINANCE; WAIVING THE PROVISIONS OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE; PROVIDING FOR AN EFFECTIVE DATE

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9.    2011-277   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE EASTERLY 30 FEET OF BURKHOLDER ROAD, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN BURKRETE SUBDIVISION 2, IN COUNCIL DISTRICT 4, ESTABLISHED BY PLAT BOOK 20, PAGE 100 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF STEVEN SCOTT HOOD TO INCREASE THE SIZE OF HIS BACK AND SIDE YARDS, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE

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10.    2011-278   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF OAK STREET RIGHT-OF-WAY IN COUNCIL DISTRICT 9 (THE "SUBJECT PROPERTY"), TRANSFERRED TO THE CITY BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AFTER THE COMPLETION OF WORK ON FOREST STREET, AT THE REQUEST OF DR. MICHAEL D. SPENCER ("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO CONVEY THE SUBJECT PROPERTY TO APPLICANT, THE LONE, ABUTTING PROPERTY OWNER TO THE RIGHT-OF-WAY, FOR THE APPRAISED VALUE OF $2,400 SO AS TO ALLOW APPLICANT TO DEVELOP ADJACENT PROPERTY; PROVIDING AN EFFECTIVE DATE

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11.    2011-292   AN ORDINANCE WAIVING SECTION 382.308, ORDINANCE CODE, AND PROVIDING FOR A THREE YEAR EXTENSION TO THE EXISTING AGREEMENT WITH ADVANCED DISPOSAL SERVICES JACKSONVILLE LLC; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT  WITH ADVANCE DISPOSAL SERVICES, JACKSONVILLE, LLC, TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH ADVANCE DISPOSAL SERVICES, JACKSONVILLE, LLC, FOR IMPROPER USE OF CITY CONTRACT ASSETS; PROVIDING AN EFFECTIVE DATE

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12.    2011-293   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH WASTE PRO OF FLORIDA, INC., TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH WASTE PRO OF FLORIDA, INC., FOR IMPROPER USE OF CITY CONTRACT ASSETS; PROVIDING AN EFFECTIVE DATE

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13.    2011-294   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT  WITH REPUBLIC SERVICES OF FLORIDA LIMITED PARTNERSHIP, D/B/A SOUTHLAND WASTE SYSTEMS OF JACKSONVILLE ("SOUTHLAND"), TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; AND WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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14.    2011-295   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE A LAND SWAP AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND AFI ASSOCIATES, INC. ("AFI"), AND TO EXECUTE ALL DEEDS AND CLOSING DOCUMENTS, AND OTHERWISE TAKE ALL NECESSARY ACTION TO EFFECTUATE THE LAND SWAP AGREEMENT, AN EXCHANGE OF TWO PARCELS OF REAL PROPERTY IN COUNCIL DISTRICTS 11 AND 14, SUCH REAL PROPERTY APPROXIMATELY 11.6 ACRES IN SIZE BEING (1) PARCEL 31 OF THE VILLAGES OF ARGYLE FOREST DRI ("DRI"), AND (2) TWO ADJOINING ACRES IN THE DRI OWNED BY THE CITY AND LOCATED AT THE INTERSECTION OF OLD MIDDLEBURG ROAD AND ARGYLE FOREST BOULEVARD LOCATED IN COUNCIL DISTRICT 14, AND SUCH REAL PROPERTY APPROXIMATELY 57.82 ACRES IN SIZE BEING ADJACENT TO PARCEL 50 OF THE DRI OWNED BY AFI AND LOCATED ON OAKLEAF PLANTATION PARKWAY AND WEST OF BRANNAN CHAFFEE ROAD LOCATED IN COUNCIL DISTRICT 11, AND AFI CONVEYING 22.06 ACRES OF PARCEL 50 TO THE CITY CONSISTENT WITH THE DRI, AT NO COST TO THE CITY; THE PURPOSE OF THE LAND SWAP AGREEMENT IS TO PROVIDE THE CITY WITH PROPERTY FOR A REGIONAL PARK AND AFI PROPERTY FOR POTENTIAL COMMERCIAL USES;  WAIVING THE PROVISIONS OF SECTION 122.422 (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 LAND EXCHANGE; WAIVING THE PROVISIONS OF SECTION 122.424 (APPRAISAL/ASSESSED VALUE OVER $25,000) CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL OF REAL PROPERTY TO AFI WITHOUT UTILIZING THE ADMINISTRATIVE PROCESSES; PROVIDING AN EFFECTIVE DATE

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