City Clerk
City Council Meeting Minutes -
February 25, 2002 Draft
On Monday, February 25, 2002 at 2:09 p.m. the City Council met in regular session in the City Council Chambers, City Hall, 400 South Orange Avenue, Orlando, Florida. Mayor Glenda E. Hood called the meeting to order. City Clerk Candice Crawford announced there was a quorum.
Present:
Mayor Commissioner Glenda E. Hood
Commissioner Don Ammerman, District 1
Commissioner Vicki Vargo, District 3
Commissioner Patty Sheehan, District 4
Commissioner Daisy W. Lynum, District 5
Commissioner Ernest Page, District 6
Candice Crawford, City Clerk
Carmen S. Iannelli, Deputy City Clerk
Scott Gabrielson, City Attorney
Police Officer Dave McKinnon, Sergeant-at-Arms
Police Officer George Montgomery, Sergeant–at-Arms
Invocation by: Reverend Rollie Murray, Jr., Pastor, Bethel Missionary Baptist Church
MINUTES
It was moved by Commissioner Lynum seconded by Commissioner Sheehan and the vote carried that the reading of the minutes be waived for the February 11, 2002 Workshop, Agenda Review and Regular City Council meetings, with minutes approved with one change to page 6, Hearing
Ordinance 1st Reading #2. Change “amend Ordinance” to “approve Ordinance with conditions as described”.
AWARDS/PRESENTATIONS/RECOGNITIONS
Mayor Hood joined Billy Enfinger, V.P. of Veterans Affair as he introduced the many individuals and groups who worked tirelessly to make the Veterans Day Parade a success. In the award ceremony for recognitions, Maryalicia Johnson announced this year’s parade date is November 9,
2002 at 11:00 a.m.
Mayor Hood joined OFD Fire Chief Charlie Walker to receive a check for the Orlando Fire Department from Belz Factory Outlet World, presented by Jeff and Cathy Bedingfield for the amount of $8,866.07. This money will be used to
supplement funding for our community outreach programs.
Mayor Hood and City Council welcomed the new Director of the Orange County Library System, Maryann Hodell, who was introduced by Corb Sarchet, Chair, Library Board.
CONSENT AGENDA
It was moved by Commissioner Lynum seconded by Commissioner Ammerman and vote carried, that the Consent Agenda be approved noting that item E-7 was moved to New Business, the remainder of the items were approved as follows.
A] MAYOR/EXECUTIVE OFFICES
1] Meeting Minutes - Agenda Review Meeting, Workshop and City Council Meeting minutes for February 11, 2002 meetings, filed and documentary #020225A01;
2] Master Custody, Performance Measurement and related services for the City of Orlando
Pension Fund and Operating/Trust Portfolios Northern Trust proposed no change in fees of $16,500 related to the City's general assets in the Operating and Trust Portfolios and $84,000 budgeted annually which is the proportionate cost of
the total fees shared between the three Pension Funds, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A02;
3] Proposed Settlement Agreement with AT&T Wireless Services of Florida, Inc., settling Case No. 6:00-CV 610-Orl-19JGG, U. S. District Court, Middle District of Florida, Orlando Division. The City will return to AT&T the $30,000
in rent AT&T has paid the City for the Hankins Park site, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A03;
4] Settlement/City of Orlando vs. Cristi Vihlen. The parties have agreed to a settlement of $14,950.00. The property owner is also statutorily entitled to an attorney's fee not to exceed $3000.00 and payment of an engineer's fee in the
amount of $1,389.07. The owner's appraisal fee and land-planner fee remain unresolved and will either be negotiated to settlement or taken to hearing for the court's determination. As part of the settlement, the City will also repair a portion of Ms. Vihlen's fence damaged by the City's contractor during construction of the intersection improvements, filed and documentary #020225A04;
5] Perpetual Easement/Resolution - The Florida Department of Transportation has requested that the City grant a stormwater easement along Gatlin Avenue, which crosses over Commander Drive, so that Florida Department of Transportation can connect to a stormwater retention area, to
accommodate improvements to State Road 436, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A05;
6] Appointments/Resignations
Mayor Glenda Hood made the following appointments:
Nominating Board: Mary Porta**, TE 5/31/04
Helen Kirst has resigned from the Harry P. Leu Gardens Board of Trustees, TE 1/31/0, filed and documentary #020225A06;
7] Lease with Florida Citrus Sports Events, Inc. - Florida Citrus Sports Events, Inc.(FCSE) is leasing additional office space in the Citrus Bowl Centre facility located at the Florida Citrus Bowl. FCSE shall pay $1345.76 per month for the 1200 square feet of additional space.
This lease will be retroactive from November 1 and will run until September 30, 2002, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A07;
8] Renewal of Lease - Champ's French Bakery of Orlando, Inc. - 333 W. Church Street - Church Street Parking Garage - City will receive $1,364.12 per month ($16,369.44 year) subject to a 5% yearly increase. Total payments for the three
year term = $51,620.60, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A08;
9] Minutes of Meeting - Commissioners Sheehan and Page Minutes for February 6, 2002 meeting, filed and documentary #020225A09;
10] Agreement Between the City of Orlando and the African American Chamber of Commerce The City of Orlando will contract with the African American Chamber of Commerce to sponsor a Small Business Roundtable. The goal of this roundtable
is to educate businesses located within the City's Limits, of available services, financial opportunities and incentive programs, filed and documentary #020225A10;
11] Meeting Minutes - Mayor Glenda E. Hood, Commissioner Vicki Vargo, Octavio Visiedo and Wade Dyke minutes for February 4, 2002 meeting, filed and documentary #020225A11;
12] Minor Subdivision Plat - Taft US Army Reserve Center - 2606 Dowden Road acceptance of the Minor Subdivision Plat, subject to staff and Office of Legal Affairs review and authorizing signature by the Director of Planning, City Engineer, City Surveyor, authorizing execution by
the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A12;
13] Minor plat - 7001 Metrowest Boulevard - Metrowest Place. Approval of the minor plat, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225A13;
14] Satisfaction of Sewer Benefit Lien - Maurice Lavergne, 4513 Ring Neck Road. City received payment in the amount of Two Thousand Seven Hundred Two Dollars and Forty Cents ($2,702.40), plus 8% interest over 8 years, filed and
documentary #020225A14;
15] Meeting Minutes - Human Relations Board minutes for January 17, 2002 meeting, filed and documentary #
020225A15;
B] ADMINISTRATIVE SERVICES
1] Meeting Minutes - Budget Review Committee (BRC )minutes for February 19, 2002 meeting, filed and documentary #020225B01;
2] Meeting Minutes - Certification Appeal Board minutes for February 7, 2002 meeting, filed and documentary #020225B02;
3] Resolution to Amend - FY 2001/2002 Budget. A resolution amending that certain resolution entitled "A Resolution Adopting the Annual Budget of the City of Orlando, Florida, for fiscal year beginning October 1, 2001 and ending
September 30, 2002, appropriating funds for operating expenses, supplies, and personnel for the efficient and effective operation of the government of the City of Orlando and all its departments for the fiscal year ending September 30, 2002," adopted September 24, 2001; and appropriating
additional funds for anticipated capital outlay, operating expenses, and expenditures for materials, labor, equipment and supplies for the fiscal year ending September 30, 2002. Such additions to be budgeted from anticipated revenue and the excess of surplus funds above the amount required to be
held by the City in surplus, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary
020225B03;
4] Sign and Signal Building Roof Replacement. Director of Purchasing to make and award to Architectural Sheet Metal, Inc., of Orlando, Florida, in the amount of $53,900 plus a 10% contingency fee for extra work (SB02-033), filed and
documentary #020225B04;
5] Extension of ESSX Telephone Services with BellSouth Extend the MSA for 60 months at a rate of $38,000.00 per month with an upgrade to CENTREX. The City would be provided full control of service moves, additions and changes and
feature management of all 2,000 stations. (Agreement Number BI94-963), filed and documentary #020225B05;
6] Purchase of Television Broadcast Equipment Director of Purchasing to make an award to B & H Photo Video of New York, NY; Media Products of Clearwater, Florida; Encore Broadcast of Winter Springs, Florida; Digital Video Systems of Orlando, Florida; and Professional
Communication Systems of Orlando, Florida, (SB02-041), filed and documentary #020225B06;
7] Amendment of Agreement for Frame Relay Services with BellSouth and Upgrade of Data Network (Agreement Number BI96-1104) execute the amendments to the Master Services Agreement with BellSouth Business Systems, Inc., of Orlando, Florida. The
first year expenses for using DSL in place of frame relay services will be $258,050.00, filed and documentary
020225B07;
8] Provision, Installation, and Training of a Complete Photo Processing System for the Orlando Police Department, award to Colex Imaging, Inc., Paramus, NJ, in the amount of $152,012.39. (SB02-059), filed and documentary #020225B08;
9] Meeting Minutes - Citizen's Police Review Board minutes for February 6, 2002 meeting, filed and documentary #020225B09;
10] Item Deleted;
C] COMMUNITY & YOUTH SERVICES
No Agenda Items.
D] FIRE
1] State of Florida Dept. of Community Affairs Grant for Domestic Preparedness - The State of Florida has awarded $125,000 worth of local domestic preparedness equipment for terrorism response to the City of Orlando Fire Department. This equipment includes: high level detecting
equipment and decontamination systems and is consistent with standards for State of Florida regional response teams, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225D01.
E] PLANNING & DEVELOPMENT
1] Hold Harmless Agreement - 2695 Dardanelle Drive - Staff recommends a Hold Harmless Agreement to permit Deshetler Associates to begin construction of the proposed project at 2695 Dardanelle Drive while the City processes a subdivision
waiver and/or plat for the property. The Hold Harmless Agreement states that if for any reason the property owner does not subdivide the property they will have to landscape the entire property per the requirements of the LDC, filed and documentary
#020225E01;
2] Meeting Minutes - Historic Preservation Board minutes for February 6, 2002 meeting, filed and documentary #020225E02;
3] Meeting Minutes - Board of Zoning Adjustment minutes for February 5, 2002 meeting, filed and documentary #020225E03 ;
4] Meeting Minutes - Special Meeting of the Historic Preservation Board minutes for February 20, 2002 meeting, filed and documentary #020225E04;
5] Approval of Local Agency Program Agreement for the Design of Dinky Line Trail Phase I and Phase II, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225E05;
6] Cross Access/Joint Use Driveway Easement Agreement - Francis and Celeste Bonugli and William M. Powell - 923 and 919 Garden Plaza Cross Access/Joint Use Driveway Agreement is required between both parties for legal parking behind the front yard setbacks on both properties,
authorizing execution by the Mayor and City Clerk following appropriate staff review, filed and documentary #020225E06;
7] Moved to New Business.
F] POLICE
1] 18A PERMITS
Approval of the following 18A Permit Applications:
02-48 - Rock the Block - Wall Street Plaza - March 1, 2002
02-40 - Kate O'Brien's St. Patricks Day Street Party - Central Boulevard - March 16, 2002
02-39 - Festival Pueblo Latino - Lee Vista Boulevard - March 3, 2002
02-41 - St. Patricks Parade & Street Party - Downtown Orlando - March 16, 2002
02-47 - St. Patty's Day Street Party - Wall Street Party - March 16,2002, filed and documentary #020225F01.
G] PUBLIC WORKS
1] Amended / Revised License Agreement with Universal Engineering Sciences for Access to Festival Park, filed and documentary #020225G01;
2] Agreement for the Delivery and Use of Reclaimed Water with the Walgreen Company, filed and documentary #020225G02;
3] Meeting Minutes - Loch Haven Park Board minutes for January 22, 2002 meeting, filed and documentary #020225G03;
4] Item Deleted.
5] Specific Authorization for DRMP - Flood Insurance Study for Lake Notasulga, Texas Basin and Rock Lake, execute the above specific authorization for professional services with DRMP in the lump sum amount of $24,996.00, filed and documentary #020225G05;
6] Agreement Extension of the continuing Stormwater/Environmental Engineering Services Contracts with the current consultants, filed and documentary #020225G06;
7] Parks Initiative - Amendment to CM at Risk Contract with T&G Constructors at Turkey Lake Park, filed and documentary #020225G07;
8] Parks Initiative - Amendment Four to Professional Services Agreement with WBQ Design & Engineering, Inc., filed and documentary #020225G08;
9] Waiver of Selling in Public Park, Section 43.44 of City Code, filed and documentary #020225G09;
H] OTHER
1] Meeting Minutes-Greater Orlando Aviation Authority (GOAA) minutes for December 5, 2001 and January 9, 2002, meeting, filed and documentary #
020225H01;
2] Meeting Minutes - Orange County Library System Board of Trustees minutes for January 10, 2002, meeting, filed and documentary #020225H02;
3] Easement - Release of Easement - Orlando Utilities Commission - Lockheed Martin Corporation, filed and documentary #020225H03;
NEW BUSINESS
1] Petition, Michigan Street De-annexation On January 29, 2001, the City of Orlando adopted an ordinance annexing approximately 42 acres located north and south of E. Michigan Street, between Emma Street on the west and Homeland Street on the east.
The annexation included property owned by Orange County Public Schools, as well as 77 privately owned parcels.
On October 1, 2001, the City received a de-annexation petition from Dr. Gregory D. Reddish, and signed by 14 other property owners (of the 48 private property owners involved in the Michigan Street Annexation), for a total of 15 valid property owner signatures. In addition to
these 15 valid signatures, the applicant submitted two (2) property owner signatures that were not valid, because they did not represent the owner of record for the parcel.
Mayor Hood called on Jean Roush-Burnett, Chief Assistant City Attorney and Tanya Gerhartz, Director of Economic Development, to explain how they determined that the de-annexation petition and application, as submitted, were not valid and cannot be processed. They both
explained how the City cannot process the application because the proposal fails to meet statutory criteria for de-annexation of municipal boundaries as set forth in Chapter 171 of the Florida Statutes. No one appeared in opposition. It was moved by Commissioner Lynum seconded, by Commissioner Page and the vote carried that the motion to deny de-annexation be approved.
The following appeared before Council:
Doug Guetzloe – Proponent of de-annexation
Mathew Hays - Proponent of de-annexation
Greg Reddish - Proponent of de-annexation
Fred Oneal - Proponent of de-annexation
Tom Levine - Decline
Ezell Harris - Proponent of de-annexation
Don Martin - Proponent of de-annexation
Filed and documentary #020225401;
HEARINGS
No Agenda Items
HEARINGS/ORDINANCES/1ST READ
Hearings/Ordinances/1st Read/Annexation
1] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Lake Wade Court, and more particularly described therein, to the corporate limits of the
City Of Orlando; providing for a referendum for approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition. It was moved by Commissioner Vargo,
seconded by Commissioner Lynum and the vote carried that Ordinance be approved on 1st reading.
The following appeared before Council:
Don Martin - Needed additional information of the benefits of annexation.
Hearings/Ordinances/1st Read/Annexation
2] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Delaney Highlands, and more particularly described herein, to the corporate limits of the City Of Orlando; providing for a referendum
for approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition. It was moved by Commissioner Page
seconded by Commissioner Sheehan and the vote carried that Ordinance be approved on 1st reading.
Hearings/Ordinances/1st Read/Annexation
3] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Albert Shores, and more particularly described herein, to the corporate limits of the
City Of Orlando; providing for a referendum for approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition.
It was moved by Commissioner Lynum, seconded by Commissioner Sheehan and the vote carried that Ordinance be approved on 1st reading.
Hearings/Ordinances/1st Read/Annexation
4] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Fairview Shores, and more particularly described herein, to the corporate limits of the City Of Orlando; providing for a referendum
for approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition. it was moved by Commissioner Vargo,
seconded by Commissioner Lynum and the vote carried that Ordinance be approved on 1st reading.
Hearings/Ordinances/1st Read/Annexation
5] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Dubsdread, and more particularly described herein, to the corporate limits of the City Of Orlando; providing for a referendum for
approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition. It was moved by Commissioner Ammerman
seconded by Commissioner Vargo and the vote carried that Ordinance be approved on 1st reading.
The following appeared before Council:
Jim Pruett - Proponent of annexation
Kathleen Gierok - Proponent of annexation
Belinda George - Proponent of annexation
Hearings/Ordinances/1st Read/Annexation
6] City Clerk Candice Crawford presented an Ordinance of the City Of Orlando, Florida, annexing certain unincorporated property generally known as Colony Cove, and more particularly described herein, to the corporate limits of the City Of Orlando; providing for a referendum for
approval by the registered electors of the area proposed to be annexed; providing for severability; providing for an effective date. No one appeared in opposition. It was moved by Commissioner
Lynum, seconded by Commissioner Page and the vote carried that Ordinance be approved on 1st reading.
HEARINGS/ORDINANCES/2ND READ
1] Item Deleted
Hearings/Ordinances 2nd Read/Annexation
2] City Clerk Candice Crawford presented an Ordinance annexing to the corporate limits of the City Of Orlando, Florida, property located at 2529 Norfolk Road; as petitioned by the property owner; providing for severability and an
effective date. No one appeared in opposition. It was moved by Commissioner Sheehan, seconded by Commissioner Vargo, and the vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225702.
Hearings/Ordinances 2nd Read/Annexation
3] City Clerk Candice Crawford presented an Ordinance annexing to the corporate limits of the City Of Orlando, Florida, property located on the Southwest corner of North John Young Parkway and Country Club Boulevard at 998 North John Young Parkway; as petitioned by the property
owner; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Sheehan, seconded by Commissioner Ammerman and the vote carried that the Ordinance be
continue for consideration on March 4, 2002 Council.
Hearings/Ordinances/2nd Read/Zoning
4] City Clerk Candice Crawford presented an Ordinance establishing the zoning classification as AC-2 on property located on the west side of North Orange Blossom Trail, North and South of Ellman Street; as requested by the property owner; authorizing amendment of official zoning
map; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Vargo and the vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225704.
Hearings/Ordinances/2nd Read/Scrivener’s Error
5] City Clerk Candice Crawford presented an Ordinance correcting Scrivener’s Error and establishing the zoning classification as P and C on property located at 7517 Conway Road and establishing the zoning classification as C at 7601 Conway Road; as requested by the property
owner; authorizing amendment of official zoning map; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Vargo and the
vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225705.
Hearings/Ordinances/2nd Read/Zoning
6] City Clerk Candice Crawford presented an Ordinance establishing the zoning classification as R-3B on property located at 33 South Cottage Hill Road; as requested by the property owner; authorizing amendment of official zoning map; providing for severability and an effective
date. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Sheehan and the vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225706.
Hearings/Ordinances/2nd Read/Zoning
7] City Clerk Candice Crawford presented an Ordinance establishing the zoning classification as PD, AC-2, I-G, MU-1 and R-2 on property generally located east and west of South Orange Avenue, South of Michigan Street and North of Kelsey Street; as requested by the property owner;
authorizing amendment of official zoning map; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Ammerman and the vote
carried that Ordinance be approved on 2nd reading, filed and documentary #020225707.
Hearings/Ordinances/2nd Read/Zoning
8] City Clerk Candice Crawford presented an changing the zoning classification from R-3B District to O-1, C and R-3B Districts on property at 3627 Conroy Road, as requested by the property owner; authorizing amendment of official zoning map; providing for severability and an
effective date No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Sheehan and the vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225708.
Hearings/Ordinances/2nd Read/Zoning
9] City Clerk Candice Crawford presented an Ordinance establishing the zoning classification as AC-2, R-1A, and C, on property located on the Southwest corner of North John Young Parkway and Country Club Boulevard at 998 North John Young Parkway; as requested by the property
owner; authorizing amendment of official zoning map; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Sheehan, seconded by Commissioner Ammerman and
vote carried that the Ordinance be continue for consideration on March 4, 2002 Council.
Hearings/Ordinances/2nd Read/Zoning
10] City Clerk Candice Crawford presented an Ordinance establishing the zoning classification as R-1AA/t on property located at 2529 Norfolk Road; as requested by the property owner; authorizing amendment of official zoning map; providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Vargo, seconded by Commissioner Sheehan and the vote carried that Ordinance be approved on 2nd reading, filed and documentary #020225710.
ORDINANCES/1ST READ
No Agenda Items
ORDINANCES/2ND READ
No Agenda Items
QUASI-JUDICIAL HEARINGS
No Agenda Items
APPEALS
No Agenda Items
UNFINISHED BUSINESS
No Agenda Items
GENERAL APPEARANCES
The following appeared before Council:
Rita Husmann – Representing Brandy Harbors Association Petition for Services.
Ezell Harris - Homeless Issue.
PENDING
No Items
ADJOURNMENT
There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 4:05 p.m.
____________________________________
Mayor-Commissioner Glenda E. Hood
__________________________________
City Clerk Candice J. Crawford
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