Council Minutes

 On Monday, May 10, 1999, at 2:00 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 Grace A. Chewning announced there was a quorum.

Present: Mayor-Commissioner Glenda E. Hood

Commissioner Don Ammerman, District 1

Commissioner Betty T. Wyman, District 2

Commissioner C. Bruce Gordy, District 3

Commissioner Bill Bagley, District 4

Commissioner Daisy W. Lynum, District 5

Commissioner Ernest Page, District 6

Grace A. Chewning, City Clerk

Fay W. Craig, Deputy City Clerk

W. Scott Gabrielson, City Attorney

Police Officer Tia McGriff, Sergeant-at-Arms

MINUTES

1. It was moved by Commissioner Page, seconded by Commissioner Wyman and vote carried that the reading of the minutes be waived for the April 26^th Staff and regular City Council meeting with minutes approved as written.

AWARDS/PRESENTATIONS

2. Fleet/Facilities Management Bureau Chief James E. Vick accompanied Joseph M. Corcione on the occasion of his retirement after 25 years' service. Mayor Hood presented Mr. Corcione with a Certificate of Appreciaiton, Proclamation, service pin and gift from Council.

CONSENT AGENDA

3. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that the Consent Agenda be approved as follows, with Commissioner Ammerman filing a Conflict of Interest form as to Y], Documentary #32046:

A] May 6 Operations Committee minutes, filed Documentary #32047;

B] Employment Agreements with: 1) City Attorney II Martha Lee Lombardy, 6-7-99/6-6-2001,at $48,131.20 annually; and 2) Commissioner's Aide Hyo Sun Heo, 5-1-99/4-30-2000, at $26,312 annually, authorizing execution by the Mayor and City Clerk following appropriate staff review,

C] Confirming Mayor's Hood appointment and reappointments to Nominating Board of Helena T. Ryan [TE 5/31/00], Timothy Johnson [TE 5/31/00], John Lord, Lou Pendas, James Schott and Rana Tiwari [TE 5/31/01]; and accepting with regret resignations from Rodolfo Barrio/Orlando Loch Haven Park Board and Catalina Delgado Trunk/Mennello Museum of American Folk Art;

D] Accepting for filing Recorded Temporary Construction Easement (OR Bk 5728 Pg 2312) from Sunpoint Investors, Ltd, at 5501 Conroy Road, filed Documentary #32048;

E] Accepting City Services Easement from TRS @ Magnolia, Inc., on property at 83 E Colonial Dr., filed Documentary #32049;

F] Accepting April 21 Certification Board minutes, filed Documentary #32050;

G] April 20 Community and Youth Services Board minutes, filed Documentary #32051;

H] Accepting April 8 Certification Appeal Board minutes, filed Documentary #32052;

I] April 27 Budget Review Committee minutes, except Item 5-A, filed Documentary #32053;

J] April 21 Mayor's Senior Citizen Advisory Committee minutes, filed Documentary#32054;

K] 1 year renewal of Consulate Lease with Kahakasia Republic, Krasnoyarsk Kray, Orenburg Region of the Russian Federation, for space on the 9^th floor of City Hall at $200 per month maintenance fee in lieu of rent, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #28904;;

L] Accepting Item #26 of the November 19, 1996, Municipal Planning Board minutes, approving Case #96-266 concerning construction of a balcony on a historic structure at 27-29 W. Church St., wherein that the quality of the balcony must conform with the architectural integrity of the building;

M] License Agreement between Orlando Utilities Commission and Greater Orlando Aviation Authority to install and maintain National Car Rental System facilities, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32055;

N] Grant of Right of Use Agreement with Orlando Utilities Commission for Chilled Water Lines, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32056 (See Doc. 30883-1);

O] Deferred to May 24 on motion of Commissioner Gordy, seconded by Commissioner Bagley and carried;

P] Accepting for filing City of Orlando Compliance Reports, Supplementary Financial Report for the Year Ended 9-30-98, filed Documentary #32056;

Q] April 20 Municipal Planning Board minutes, with #11 approved to the extent that it is consistent with Z] hereinbelow, filed Documentary #32057;

R] Deleted;

S] Binding Lot Agreements for: 1) Dr. Hang Ju Chon at 640 and 646 W. South St.; and 2) Trinity Land Company of Orlando at 4355 Dardanelle Dr., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32058/59;

T] Chapter 18A Permit for Juneteenth Festival 1999 at Lake Lorna Doone Park on 6-19 from 10 a.m. to 6 p.m.;

U] Amendment to Security Services Proposal at the Naval Training Center increasing the hours of security at an additional reimbursement from the Navy at $24,888, authorizing Assistant NCT?CRA Director to execute following appropriate staff review;

V] Interim Lease Termination for Recruit Training Command Area and Lease and Sublease for Building 102 at the Naval Training Center Main Base, authorizing execution by the Mayor and City Clerk following appropriate staff review;

W] Awarding Censtate Constructors Contract at $1,273,751 for Conserv II-Universal Reclaimed Water Line, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32060;

X] Selection Committee's ranking/negotiating for threshold inspection services with: 1) Deatrick Engineering Associates, Inc.; 2) Nodarse and Associates, Inc.; 3) Universal Engineering and Sciences; and 4) PEICO, for subsequent submission to Council;

Y] Application to Florida Community Trust at $l,950,000 for purchase and management of L. B. McLeod, Jr., and Ley H. Smith Trust property located south of Lake Fran between Mission Road right-of-way and Shingle Creek canal, for subsequent submission to Council;

Z] Appointment of Dickson Azalea Park Design Selection Committee: John Perrone (Chairman)/Assistant Parks Bureau Chief, Jodi Rubin/Historic Preservation Officer; Jose Baerga-Cordero/Project Manager; Scott Werley/Construction Manager; Kevin Walsh/Assistant Purchasing Director/MBE Officer, Ann Tiepel/Neighborhood Representative and Terence Delahunty, Jr./Neighborhood Representative;

AA] Employment Agreements with Project-Construction Management Bureau Construction Inspector II Hector Sanchez and Stephen Moit at $12.65 per hour, authorizing execution by the Mayor and City Clerk following appropriate staff review;

BB] April 28 Harry P. Leu Gardens Board of Trustees minutes, filed Documentary #32061;

CC] Specific approval of following items in April 21 Greater Orlando Aviation Authority minutes: #4-B/Unbudgeted expenditure @ $15,000 Addendum to Professional Services Agreement with Transportation Solutions/Support Services in Implementation of OEA Overlay Zoning; #4-E/Sublease with EAC & ATA; #4-P/Disposal of surplus property;

DD] Adopting "Resolution by the City Council of the City of Orlando, Florida, determining the necessity of acquiring certain real property located along the east side of Narcoossee Road, for the purpose of constructing the Lee Vista Boulevard Extension, and directing Condemnation of the necessary property," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32062;

EE] CDBG funds for very low and low income homeowners in the Richmond Heights Subsidence area wherein the investment on a single property may exceed $35,000 and the liens on improved properties will be for 10 or 15 years, depending on the total amount of investment in the property, with funding available to very low income and low income resident (under 80% of the median income);

FF] Tri-Party Agreement with Orange County and Grace United Methodist Church for space at 4845 Silver Star Rd. for 1999 Summer Day Camp, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32063;

GG] Purchasing Contracts & Agreements: 1) Selection Committee's ranking/negotiating for Automatic Vehicle Location System with a) Trimble Navigation, Limited and b) Lockheed Martin; 2) extending New Roofing & Roof Repairs; 3) 4 Life Pack 12 Defibrillators/Monitor Units; 4) Occupational Medical Services;

HH] Interlocal Agreement with Orange County on approximately 115 acres along Vineland Road, east of Orange Ave., known as Airport Industrial Park at Orlando, Addition #10 Plat, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32064;

II] Quit-Claim Conveyance of .155 acres or 6,784 sq. ft. in the area of Rosalind Avenue, East/West Expressway and South Street to Lincoln Company for development of a Downtown Orlando Residential Project, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32065;

JJ] Vista East Properties Annexation and Developers’ Agreement Amendment #5, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #29646-10;

KK] Petula Associates' request for a 90-day extension (expiring 7-25-99) to complete construction of noise wall on Lot 20 for Center of Commerce project adjacent to Rosemont residential neighborhood (See Doc. #28052);

LL] Accepting April 28 Civil Service Board minutes, filed Documentary #32066; and

MM] Hold Harmless and Use Agreement with Steve Holland and Holland Properties, Inc., (T. M. Ranch) on use of property at 15600 T. M. Ranch Road for SWAT training activities, authorizing execution by the Police Chief following appropriate staff review.

HEARING/ORDINANCE/2^nd READING/CHAPTER 16

4. Mrs. Grace A. Chewning, City Clerk, presented an Ordinance amending City Code Chapter 16 by amending Section 16.01, "Definitions"; by amending Section 16.05, "Duties of Bureau Chief and Supervisor of Greenwood Cemetery"; by amending Section 16.06, "Liability Disclaimer"; by amending Section 16.08, "Hours of Operation"; by amending Section 16.10, "Spaces, Sale to Permanent Residents; Exceptions"; by amending Section 16.13, "Sales to Nonfamily Members; City's Right of First Refusal"; by amending Section 16.15, "Rights Upon Interment"; by amending Section 16.17, "Interments in General"; by amending Section 16.18, "Changing of Spaces; Protests; Liability"; by amending Section 16.19, "Notice to City; Days Interments are Prohibited; Overtime Charges"; by amending Section 16.21 "Interment Permit"; by amending Section 16.24, "Grave Decorations"; by amending Section 16.26, "Markers"; by amending Section 16.29, "Children; Pets; Firearms; Food"; by amending Section 16.30, "Commercial Uses; Photographs; Signs"; by amending Section 16.31, "Plantings"; by amending Section 16.32, "Interference with Funerals, etc"; by amending Section 16.33, "Temporary Modification of Provisions"; by amending Section 16.34, "Penalty"; by amending Section 16.35, "Double Vault to be Purchased and Installed prior to Interment"; by amending Section 16.36, "Double Interment Permitted"; by amending Section 16.37, "Markers; Plantings." No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #32067.

HEARING/ORDINANCE/2^nd READING/CHAPTER 58

5. Mrs. Chewning submitted an Ordinance amending Code Chapter 58, Part 4O (Communication Towers) by amending Section 58.841 to increase the maximum separation distance between towers in excess of 300 feet and off-site residential uses/zoning; by amending Section 58.844 to include additional zoning districts within the minimum separation distances between towers and off-site uses/zoning and to add fencing and landscaping requirements for ground mounted communication towers; by amending Section 58.846 to allow existing towers reconstructed to accommodate co-location and camouflaging techniques to be relocated up to 100 feet and to require removal of the existing tower within six (6) months from the building permit date; and by amending Section 58.847 to require City Council approval of waivers from the minimum separation distance requirements. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #32068 (See Ord. Doc. #29362 & Resolution #29015).

ORDINANCE/2^nd READING/CHAPTER 58

6. Mrs. Chewning submitted an Ordinance amending Code Chapter 58 (Zoning Districts and Uses) by amending Figure 2B (Table of Allowable Uses in Zoning Districts Inside the Traditional City) to allow Auto Service Stations as a permitted use in the I-P (Industrial Park) Zoning Distict; by amending Figure 2D (Table of Allowable Uses in Zoning Districts outside the Traditional City) to allow Auto Service Stations as a permitted use in the I-P (Industrial Park) Zoning District; by amending the footnotes to add Footnote 30 to allow Light Retail as an Accessory Use to Auto Service Stations in the I-P (Industrial Park) and I-G (General Industrial) Zoning Districts; providing for severability and an effective date. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that Ordinance be adopted, filed Documentary #32069.

ORDINANCE/1^st READING/CHAPTER 13

7. Mrs. Chewning presented an Ordinance amending City Code Chapter 13 (Building Code) by amending Section 13.01 to adopt the Standard Building Code, 1997 Edition, to replace the 1994 Edition; by amending Section 13.15 to correct a scrivener’s error; and by amending Section 13.17 to adopt the Florida Energy Efficiency Code for Building Construction, 1997 Edition, to replace the 1993 Edition. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/CHAPTER 29

8. Mrs. Chewning submitted an Ordinance amending City Code Chapter 29 (Gas Code) by amending Section 29.01 to adopt the Standard Gas Code, 1997 Edition, to replace the 1994 Edition. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/CHAPTER 47A

9. Mrs. Chewning presented an Ordinance amending City Code Chapter 47A (Air Conditioning, Refrigeration, Heating, and Ventilation Code) by amending Section 47A.13 to adopt the Standard Mechanical Code, 1997 Edition, to replace the 1994 Edition. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Ordinance be approved on first reading.

ORDINANCE/2^nd READING/ANNEXATION/NWC B-LINE & NARCOOSSEE

10. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried to continue second reading of an Ordinance annexing property at the NWC of the Bee Line Expressway and Narcoossee Rd. intersection, South of McCoy Rd., as petitioned by the property owners, to May 24.

ORDINANCE/2^nd READING/CHAPTERS 58 & 65

11. Mrs. Chewning presented an Ordinance amending City Code Chapter 58 (Zoning Districts and Uses) by amending Section 58.100, "Title"; by adding a new Part 2AA. ASD-1 and ASD-2 Airport Support Districts, and a new Section 58.460 "Relationship To The Growth Management Plan"; by adding a new Section 58.461 "Purpose Of The District"; by adding a new Section 58.462" Rezones and Zoning Map Applications"; by adding a new Section 58.463 "Additional District Requirements"; by adding a new Part 2AB. TC/UTC Town Center/Urban Transit Center District, and new Section 58.470 "Relationship To The Growth Management Plan"; by adding a new Section 58.471 "Purpose Of The District"; by adding a new Section 58.472 "Rezones and Zoning Map Applications"; by adding a new Section 58.473 "Additional District Requirements"; by adding a new Part 2AC. VC/UTC Village Center/Urban Transit Center District, and a new Section 58.480 "Relationship To The Growth Management Plan"; by adding a new Section 58.481 "Purpose Of The District"; by adding a new Section 58.482 "Rezones and Zoning Map Applications"; by adding a new Section 58.483 "Additional District Requirements"; by adding a new Part 2AD. VC Village Center District, and a new Section 58.490 "Relationship To The Growth Management Plan"; by adding a new Section 58.491 "Purpose Of The District"; by adding a new Section 58.492 "Rezones and Zoning Map Applications"; by adding a new Section 58.493 "Additional District Requirements"; by adding a new Part 2AE. NC Neighborhood Center District, and a new Section 58.494 "Relationship To The growth Management Plan"; by adding a new Section 58.495 "Purpose Of The District"; by adding a new Section 58.496 "Rezones and Zoning Map Applications"; by adding a new Section 58.497 "Additional District Requirements"; by adding a new Part 2AF. RN Residential Neighborhood District, and a new Section 58.498 "Relationship To The Growth Management Plan"; by adding a new Section 58.499 "Purpose Of The District"; by adding a new Section 58.499.1 "Rezones and Zoning Map Applications"; and by adding a new Section 58.499.2 "Additional District Requirements"; by amending Chapter 65 of the Code of the City of Orlando (Officers, Boards and Procedures) by amending Part 2E. Development Plan Review For Planned Development, Section 65.290 "Purpose Of Development Plan Review"; Section 65.294 "Amendments To Approved Development Plans"; Part 2H. Site Plan Review, Master Plan, Section 65.331 "Purpose Of Master Plan Review"; and Section 65.334 "The Review Process"; by adding a new Chapter 68, Southeast Orlando Sector Plan Development Guidelines And Standards, Part 1: Introduction and Purpose, Section 68.100 "Title"; Section 68.101 "Relationship To The Growth Management Plan"; Section 68.102 "Purpose"; Section 68.103 "Where These Standards Apply"; Section 68.104 "Planning Principles"; Section 68.105 "The Southeast Orlando Sector Plan - Master Plan Map"; Section 68.106 "How To Use These Guidelines And Standards"; by adding Part 2: Land Use Guidelines And Standards, Section 68.200 "Land Use Categories"; Section 68.201 "Mixed Use Center Guidelines And Standards"; Section 68.202 "Town Center Guidelines"; Section 68.203 "Village Center Guidelines"; Section 68.204 "Neighborhood And Residential Center Guidelines"; Section 68.205 "Residential Neighborhood Guidelines"; Section 68.206 "Estate Residential Land Use Guidelines And Standards"; Section 68.207 "Airport Support District Guidelines and Standards"; Section 68.208 "ASD-1 Guidelines And Standards"; Part 3: Building Guidelines and Standards, Section 68.300 "Where Residential Building Standards Apply"; Section 68.301 "Mix Of Housing Types"; Section 68.302 "Housing Model Variety"; Section 68.303 "Relation Of Buildings To Streets And Parking"; Section 68.304 "Front Setbacks"; Section 68.305 "Other Setbacks"; Section 68.306 "Building Heights"; Section 68.307 "Facades And Roof Form"; Section 68.308 "Visual Character"; Section 68.309 "Materials"; Section 68.310 "Residential Fire Sprinklers"; Section 68.311 "Pedestrian Access Ways and Bicycle Circulation"; Section 68.312 "Additional Standards By Residential Building Type"; Section 68.313 "Where Mixed Use And Commercial Building Guidelines And Standards Apply"; Section 68.314 "Relationship Of Buildings to Streets And Parking"; Section 68.315 "Front Setbacks"; Section 68.316 "Projections And Recesses"; Section 68.317 "Building Heights"; Section 68.318 "Facades And Roof Form"; Section 68.319 "Visual Character"; Section 68.320 "Massing"; Section 68.321 "Materials"; Section 68.322 "Parking"; Section 68.323 "Connecting Walkways"; Section 68.324 "Landscaping And Street Furnishings"; Section 68.325 "Additional Standards By Non-Residential Building Type"; Section 68.326 "Where Civic Uses And Public Facilities Standards Apply"; Section 68.327 "Site Planning And Building Guidelines"; Section 68.328 "Schools"; Section 68.329 "Storm Drainage"; Section 68.330 "Library"; Section 68.331 "Police And Fire Services"; Section 68.332 "Transit Shelters"; Part 4: Circulation Guidelines And Standards, Section 68.400 "Purpose"; Section 68.401 "Street Sections"; Section 68.402 "Bicycle Accommodation"; Section 68.403 "Transit Accommodation"; Section 68.404 "Connectivity Index"; Section 68.405 "Traffic Calming"; Section 68.406 "Parking Standards And Design"; Part 5: Open Space Guidelines And Standards, Section 68.500 "Recreational Open Space"; Section 68.501 "Street Landscaping Standards"; Section 68.502 "General Landscaping Standards"; Section 68.503 "Residential Landscaping"; Section 68.504 "Non-Residential Landscaping"; Section 68.505 "Primary Conservation Network And Ecological Systems"; Part 6: Plan Incentives And Administrative Review Procedures, Section 68.600 "Development Incentives"; Section 68.601 "Where Administrative Review Procedures Apply"; Section 68.602 "Application of Regulations"; Section 68.603 "Development Parcel Master Plan Review and Design Guidelines Approval"; Section 68.604 "Southeast Town Design Review Committee"; Section 68.605 "Regulatory Authority Of The Specific Parcel Master Plan"; Section 68.606 "Subdivision Plats"; Section 68.607 "Individual Sites: Site Design and Building Review Process"; Section 68.608 "Fees And Benefits"; Section 68.609 "PD Amendment Process"; Section 68.610 "Preliminary Plat Review Process"; Section 68.611 "Final Plat Process"; and Section 68.612 "Minor Subdivision Plat Process." No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #32070 (See Doc. 29655).

ORDINANCE/2^nd READING/ZONING/2610 N. RIO GRANDE AVE.

12. Mrs. Chewning presented an Ordinance establishing the zoning classification as R-2A District on property at 2610 N. Rio Grande Ave., as requested by the property owner. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Lynum and vote carried that Ordinance be adopted, filed Documentary #32071.

ORDINANCE/2^nd READING/ANNEXATION/JUDGE ROAD

13. Mrs. Chewning presented an Ordinance annexing property north and south of Judge Road, as petitioned by the City. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that Ordinance be adopted, filed Documentary #32072.

GENERAL APPEARANCE

14. After proposing that parking meters in the area of City Hall be removed based on current parking conditions, Steve Shard used visuals in reviewing Code Compliance Complaint at 1301 W. Concord St. and noted violations on other properties in the area. Code Enforcement Bureau Chief S. M. Rhodes concurred in Mr. Shard's position, offered public apology and explanation of actions to rectify Code Enforcement Notice issued. Mayor Hood requested Mr. Rhodes investigate the matters reported by Mr. Shard for report to Council within two weeks.

GENERAL APPEARANCE

15. Lockheed Martin IBS representative Roy Tanner appeared in support of his company's response to RFP for Automatic Vehicle Location System (Consent Agenda GG]-1). Management & Budget Director Rebecca A. Ares reviewed the Selection Committee's process and rationale on the rankings. Fire Chief Donald W. Harkins, Jr., elaborated on technical aspects of the proposed system. No action was taken.

GENERAL APPEARANCE

16. Sue MacNamara presented a petition of 60 signatures and offered comments opposing proposed construction of a concrete sidewalk on the eastern upper level along Rosearden Drive in Dickson Azalea Park area. Donna Barron also spoke in opposition. Parks and Special Facilities Bureau Chief Dennis W. Scott responded to questions regarding plans for the proposed area and citizen involvement in the design of same. No action was taken.

GENERAL APPEARANCE

17. Linda Noe appeared objecting to the proposed development of property at 9 S. Hyer Ave. per #13, April 20 Municipal Planning Board minutes. City Attorney W. Scott Gabrielson recounted results of past litigation regarding use of the property. Mayor Hood asked Chief Administrative Officer Richard L. Levey and/or Acting Planning and Development Director Jean Roush-Burnett to meet with Ms. Noe for further discussion.

PENDING

18. It was moved by Commisisoner Gordy, seconded by Commissioner Ammerman and vote carried to withdraw zoning Ordinance under Pending (regarding property north and south of Judge Road) for reprocessing through Municipal Planning Board.

INFORMATION

19. Commissioner Page noted that Eatonville Commissioner Mike Johnson was planning to appear at today's meeting regarding Item 8-VV] in April 26 Council minutes and the project proposed by the Wayne Densch Center in Eatonville. Commissioner Page advised that the Central Florida Black Caucus of Local Elected Officials has adopted a Resolution that will be forthcoming supporting participation by surrounding communities in addressing the homeless situation.

ADJOURNMENT

20. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 3:50 p.m.

Mayor-Commissioner Glenda E. Hood