JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

TRANSPORTATION, ENERGY & UTILITIES COMMITTEE MINUTES

 

March 3, 2014

2:00 P.M

CITY COUNCIL CHAMBER

 

 

 

In attendance:  Council Members Jim Love (Chair), John Crescimbeni, Kimberly Daniels, Stephen Joost, Reggie Brown, Matt Schellenberg, Greg Anderson; Council Member Stephen Joost was excused; Paige Johnston, Office of General Counsel;  Kyle Billy, Council Auditor’s Office; Margo Klosterman, Mayor’s Office; Juliette Williams, Legislative Services; John Jackson, Council Research Division.

 

The Chair called the meeting to order at 2:02 P.M.

 

John Pappas, Engineer Manager, Public Works Department, gave a PowerPoint presentation entitled Stormwater Utility Overview and Septic Tank Phase-Out Program.  At a previous Committee meeting, Council Member Reggie Brown had inquired about stormwater fees and how those funds were allocated.

The Public Works Department indicated that someone would be at the next Committee meeting to explain.

 

Mr. Pappas addressed stormwater utility background, stormwater utility components and the septic tank phase-out program.  Ordinance 2007-836-E established and defined the intent and scope of the utility.  The stormwater funding source was for operations & maintenance and capital improvements.  Focus of the program was on flood control and surface water quality.

 

Ordinance 2008-129-E established utility criteria and rates: established and defined rates, established fee credits opportunities and established and defined fee exemption opportunities.

 

Mr. Pappas explained the financial background that included revenue generated and allocations made for operation & maintenance and capital improvement projects.

 

One of the components of stormwater utility was compliance with Jacksonville’s Florida Department of Environmental Protection’s MS4 Permit.  Mr. Pappas described capital improvement projects and the amounts allocated for the projects; and, septic tank phase-out projects.  The purpose of the septic tank phase-out program is to remove those septic tanks which adversely impact surface waters.  The City has a close working relationship with JEA on the septic tank phase-out program.

 

 

 

 

 

 

Item/File No.

 

 

 

 

 

 

itle/History

 

 

1.  2013-669

ORD-MC Declaring Surplus Propty consisting of City owned propty & bldgs, to the Police and Fire Pension Fund (PFPF), conveying the Propty to PFPF  in exchange for a reduction in Unfunded Actuarial Accrued Liability of the PFPF; in accordance with a purchase and sale agreemt to be entered into btwn City and PFPF; authorize Mayor & Corp Sec to execute any and all documents necessary to accomplish the foregoing transactions; Waive conflicting provisions of Chapts 122 & 500, Ord Code, amend Sec 121.101 (Control and Administration of Police & Fire Pension Fund), Ord Code, to add a New Subsection (F), authorizing diversification of investment as authorized by applicable provisions of Article 22, Charter; Req Emerg Apv upon Introduction. (Keane) (Introduced by C/M Schellenberg)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/8/13

 

1. 9/24/2013 CO  Introduced: R,TEU,F

 

    9/30/2013 TEU Read 2nd & Rerefer;    9/30/2013 R Read 2nd & Rerefer

 

    10/1/2013 F Read 2nd & Rerefer

 

2. 10/8/2013 CO PH Read 2nd & Rereferred; R, TEU, F

 

    1/6/2014 R Sub/Amend/Approve

 

 

 

 

Bill Summary         R: Sub/Amend/Approve01/06/14

 

DEFER

 

 

2.  2013-761

ORD-MC Amend Chapt 655 (Concurrency & Mobility Mgmt System), Part 5 (Mobility Fee), Secs 655.507 (Transp Improvemt Projs Constructed by a Landowner or Developer) & 655.508 (Mobility Fee Contract), to allow a Landowner or Developer to Construct & Dedicate an entire Transp Improvemt Proj not Identified in the 2030 Mobility Plan as a Prioritized Transp Improvemt that will improve Existing Mobility Efficiencies for the Affected Mobility Zone(s). (Gabriel) (Introduced by CM Bishop) (PD Am/Apv)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/10/13

 

1. 11/26/2013 CO  Introduced: TEU,LUZ

 

    12/2/2013 TEU Read 2nd & Rerefer

 

    12/3/2013 LUZ Read 2nd & Rerefer

 

2. 12/10/2013 CO PH Read 2nd & Rereferred; TEU,LUZ

 

    1/21/2014 TEU Sub/Rerefer 4-0

 

    1/22/2014 LUZ Sub/Rerefer 7-0

 

3. 1/28/2014 CO SUBSTITUTE/ Rerefer; TEU, LUZ

 

 

Bill Summary

 

DEFER

 

Stephen Tocknell, representing the Florida Bicycle Association, commented on the proposed ordinance and indicated that he is opposed to the provisions of the ordinance as they are currently crafted.

 

 

3.  2013-820

ORD-MC Amend Sec 799.101 (Tax Imposed; Limitation), Chapt 799 (Local Option Gas Tax), Ord Code, to Reissue the Local Option Gas Tax for 20 Yr Period of 9/1/16 - 8/31/2036. (Sidman) (Introduced by CP Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/14/14

 

1. 12/10/2013 CO Introduction: R, TEU, F

 

    1/6/2014 TEU Read 2nd & Rerefer;    1/6/2014 R Read 2nd & Rerefer

 

    1/7/2014 F Read 2nd & Rerefer

 

2. 1/14/2014 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

Bill Summary                 R: Defer

 

DEFER

 

4.  2014-15

ORD Auth a Transfer & Maint Agreemt with FDOT; Auth to Accept a Transfer of Roadway to the City by FDOT by Means of a FDOT R/W Map which Transfers to the City Responsibility for the Road R/W & Operation, Maint & Repair for Portions of New State Rd 23 from Clay County Line to I-10; Provide for Recording of Existing R/W Maps. (Dists 11 & 12-Holt & Carter) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/28/14

 

1. 1/14/2014 CO  Introduced: TEU,F

 

    1/21/2014 TEU Read 2nd & Rerefer

 

    1/22/2014 F Read 2nd & Rerefer

 

2. 1/28/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary                          Fact Sheet

 

DEFER

 

 

 

5.  2014-64

ORD Auth Lease Agreemt with Teach for America, Inc for 5,394 Sq Ft on 6th Floor of Ed Ball Bldg for Initial Term of 5 Yrs with 1 5-Yr Renewal Option at Initial Rate of $10/Sq Ft + Addnl $1.75/Sq Ft for Tenant's Share of Common Area Costs & Expenses, & Annual 3% Rent Increase. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/11/14

 

1. 1/28/2014 CO  Introduced: TEU,F

 

    2/3/2014 TEU Read 2nd & Rerefer

 

    2/4/2014 F Read 2nd & Rerefer

 

2. 2/11/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary           Fact Sheet

 

DEFER

 

 

Sandra Stockwell, Office of General Counsel, explained the bill and reported that she had spoken to the City’s outside bond counsel and the Treasurer regarding the tax exemption status.  The bond counsel has no problem with the legislation.  Council Member John Crescimbeni voiced his concern that the bond counsel’s opinion was rendered in a telephone conversation rather than in writing.  Kyle Billy, Council Auditor’s Office, noted that the CAO had hoped and expressed the wish that any opinion on the tax status would be a written opinion.  Council Member Crescimbeni also raised questions about the square footage rental rate that the City would be charging Teach for  America, suggesting that the proposed $10 per square foot rate was not fair to the tax payers or the other tenants in Ed Ball who are paying $20-21 per square foot; the latter is the current market rate.  He further noted that the Administration’s reorganization plans would create even more square footage of space in Ed Ball for potential rental.  Council Member Greg Anderson indicated that he, too, was uncomfortable in supporting the proposed ordinance unless the bond counsel’s opinion on the tax status was in writing.  John Jones, Public Works/Real Estate felt that a deferral would not be a problem.  Council Member Reggie Brown noted that he was willing to support moving the bill if the only thing holding up passage was the lack of a written opinion from the outside bond counsel.

 

 

6.  2014-69

ORD Apv 1st Amend to Fair Share Assessmt Contract with Greenland Road Investments, LLC, Successor to Greenland Crossing, LLC (CCAS# 48930) for "Shoppes at Greenland Crossing" Proj, 9.83± Acres at 6466 Greenland Rd, to extend Duration 5 Yrs. (Dist 5-Boyer) (Johnston) (TEU)

TEU PH - 2/18/14

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/11/14

 

1. 1/28/2014 CO  Introduced: TEU,F

 

    2/3/2014 TEU Read 2nd & Rerefer

 

    2/4/2014 F Read 2nd & Rerefer

 

2. 2/11/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary

 

DEFER

 

 

7.  2014-92

ORD Approp $101,840 From & To Accts to be Determined to Repair 4th & 5th Floor of Fla Theatre Bldg to Rent to a 3rd Party; Designating Standard Lease Agreemts for such Ofc Space & Auth Future Use of said Agreemts with no further Council Action; Create New Sec 111.550 (Fla Theatre Maint Trust Fund), Part 5 (Public Works, Utilities & Infrastructure), Chapt 111 (Spec Rev & Trust Accts), Ord Code. (Sidman) (Introduced by CP Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/11/14

 

1. 1/28/2014 CO  Introduced: R,TEU,F

 

    2/3/2014 TEU Read 2nd & Rerefer;    2/3/2014 R Read 2nd & Rerefer

 

    2/4/2014 F Read 2nd & Rerefer

 

2. 2/11/2014 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

Bill Summary             R:Amend/Approve

 

DEFER

 

Tom Goldsbury, Public Works, explained what the proposed legislation entailed.  By way of explanation, Mr. Goldsbury indicated that this was neither his nor his department’s legislation; the sponsor of the proposed legislation is Council President Gulliford.  Kyle Billy, Council Auditor’s Office, directed the Committee to Page 7 of the CAO’s marked agenda that explained the amendment.  A discussion ensued as to whether or not renovations should proceed without first identifying and acquiring a tenant for the renovated floors of the building.

 

 

8.  2014-96

ORD Apv Conveyance of a Perpetual Easemt to FDOT to Construct & Maintain a Storm Water Drainage System for State Rd 9B. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary               Fact Sheet

 

APPROVE 5 - 0

 

9.  2014-97

ORD Auth a Constrn & Maint Agreemt with FDOT so FDOT will undertake a Bridge Replacemt on Dillon Road/Tributary to Brandy Branch Bridge #724049 Proj; City will Own, Operate, Maintain & Repair Improvemt after Completion. (Dist 11-Holt)(McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary                Fact Sheet

 

 

APPROVE 5 - 0

 

 

10.  2014-105

ORD Apv Fair Share Assessmt with N.G. Wade Investment Co for "Suemac Rd Warehouse: Tract V- Light Industrial" Proj (CCAS/CRC No. 78756) 515,000 Sq Ft General Light Industrial Uses on 30.78± Acres on Suemac Rd bet Clayton Rd & I-295 with 10-Yr Term & Assessmt of $24,734 in Sec 5.2, Pursuant to Sec 163.3180, F.S. & Chapt 655, Ord Code. (Dist 10-Brown) (Johnston) (TEU)

TEU Public Hearing Pursuant to Chapt 655 Ord Code - 3/3/14

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F,LUZ

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 LUZ Read 2nd & Rerefer;    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F, LUZ

 

 

Bill Summary  

 

PH- DEFER

 

Fred Atwill asked the Committee to support the proposed legislation.  He saw no problem in deferring the measure for one cycle so long as it is ultimately approved.

 

 

11.  2014-106

ORD Apv Fair Share Assessmt with N.G. Wade Investment Co for "Bulls Bay Industrial Park: Multi Phased" Proj (CCAS/CRC No. 78755) 2,200,000 Sq Ft General Light Industrial Uses on 195.90± Acres on bet Die Hard Ln & Pritchard Rd with 10-Yr Term & Assessmt of $218,936 in Sec 5.1, Pursuant to Sec 163.3180, F.S. & Chapt 655, Ord Code. (Dist 10-Brown) (Johnston) (TEU)

TEU Public Hearing Pursuant to Chapt 655 Ord Code - 3/3/14

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F,LUZ

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 LUZ Read 2nd & Rerefer;    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F, LUZ

 

 

Bill Summary 

 

PH- DEFER

 

 

 

12.  2014-109

ORD Estab a Festival Overlay Zone & Activity Period; Waiving Chapt 368 (Noise Control), Environmental Protection Bd Rule 4 (Noise Pollution Control) & Sec 154.108 (Consumption on Vendor's Premises), Ord Code, to allow Outdoor Musical Entertainmt & allow Open Containers in the Designated Zone. (Sidman) (Introduced by CM Bishop & Co-sponsored by CM Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: R,TEU,PHS

 

    2/18/2014 PHS Read 2nd & Rerefer;    2/18/2014 TEU Read 2nd & Rerefer;    2/18/2014 R Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; R, TEU, PHS

 

 

Bill Summary                                 R: Amend/Approve

 

AMEND/(R)APPROVE 5 - 0

 

 

13.  2014-118

ORD Apv Fair Share Assessmt with Harmony Farms of Jacksonville, LLC, for "Harmony Farms" Proj (Amended Contract) (CCAS/CRC No. 50205) 285,000 Sq Ft Shopping Ctr Uses on 40.088± Acres S of Collins Rd bet I-295 & Rampart Rd with 10-Yr Term & & Setting Forth Requiremt to Refund $325,000 Prev Paid for Collins Rd Improvemts for funding Extension of Parramore Rd; Waive Provision of Sec 655.301, Ord Code; Designate Oversight by Public Works Dept. (Dist 14-Love) (Diebenow) (CM Love)

TEU Public Hearing Pursuant to Chapt 655 Ord Code - 3/3/14

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary               

 

PH- DEFER

 

Attorney Steve Diebenow spoke in favor of this and 2014-119.  He was fine with a one-cycle deferral but noted that the project is time-sensitive.  He expects to meet with Council Member Jim Love and others this week to narrow whatever differences that remain.  Mr. Diebenow added that he is working with others on amendments to the bills that are technical in nature.

 

 

14.  2014-119

ORD Apv Fair Share Assessmt with Olsen Farms of Jacksonville, LLC, for "Olsen Farms" Proj (Amended Contract) (CCAS/CRC No. 50206) 150,000 Sq Ft Shopping Ctr Uses on 43.73± Acres N of Collins Rd bet I-295 & Rampart Rd with 10-Yr Term; Waive Provision of Sec 655.301, Ord Code. (Dist 12-Carter) (Diebenow) (CM Love)

TEU Public Hearing Pursuant to Chapt 655 Ord Code - 3/3/14

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/25/14

 

1. 2/11/2014 CO  Introduced: TEU,F

 

    2/18/2014 TEU Read 2nd & Rerefer

 

    2/19/2014 F Read 2nd & Rerefer

 

2. 2/25/2014 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary

 

PH- DEFER

 

 

15.  2014-152

ORD Declaring Propty Surplus at 3542 Bowden Cir E; Auth Sale. (Dist 4-Redman) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/11/14

 

1. 2/25/2014 CO  Introduced: TEU,RCD

 

 

Bill Summary                                Fact Sheet

 

READ 2ND & REREFER

 

16.  2014-154

ORD Auth Amend #2 to Chilled Water Agreemt with JEA (COJ Contract No 7670-6). (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/11/14

 

1. 2/25/2014 CO  Introduced: TEU,F

 

                              Bill Summary                   Fact Sheet

 

 

                              READ 2ND & REREFER

 

 

 

There being no further business, the meeting was adjourned at 3:34 P.M.

 

 

03.06.14

Posted: 12:00 P.M.