July 26, 1999
|On Monday, July 26, 1999, at
2:10 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.
1. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the reading of the minutes be waived for the July 19th Staff and regular City Council and the July 21st Special City Council meetings with minutes approved, except #2-U in the July 19th minutes. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried to rescind action in 2-U which approved a 50-year Lease with Orlando UCF-Shakespeare Festival on the Orlando Science Center Building in Orlando Loch Haven Park from 7-1-99 to 6-30-49. It then was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that the terms of said Lease be reduced to 30 years [6-30-2029], authorizing execution by the Mayor and City Clerk after satisfactory staff review, filed Documentary #32193.
2. Mayor Hood joined Commissioners Page and Lynum in presenting a Proclamation proclaiming July 26, 1999, as "David 'Panama' Francis Day" and "Key to the City" to Jazz Musician "Panama" Francis.
3. Mayor Hood called forward Special Services Administrator William F. Van Reich who introduced Florida Korean War Veterans Association Chapter 173 President Tom Roberts and Secretary Robert Johnson. Mayor Hood presented to them her Proclamation proclaiming July 27th as "Korean War Veterans Armistice Day."
4. March of Dimes WalkAmerica Team Captain Mary Gibson introduced March of Dimes Executive Director Chris Buholtz who highlighted the March of Dimes effort and presented Mayor Hood with the "Battered Boot" Award for excellence in City employee Walk America participation, giving special recognition to Katie Lakey/Finance, Linda Lampman/Streets & Drainage, Sylvia Johnson/Permitting Services, Linda Larkin/Planning & Development, Walter Hawkins/Special Assistant to the Mayor and Barbara Saunders/OPD Communications who helped raise more than $2,000 during the Walk.
PRESENTATION/1997 JUNIOR ACHIEVEMENT CITY VOLUNTEERS
5. Mr. Van Reich, joined by Mayor Hood and Junior Achievement Executive Director Larry Walker, acknowledged the following employees who volunteered to participate in the 1999 Spring Semester of the Junior Achievement program and presented them with Certificates: Lynda Dennis/Finance; Mike Carroll/Solid Waste Management; Douglas Thompson/Technology Management; Joe Sandley and Kimley Dunlap-Slaughter/Housing & Community Development; Allen Oyler and David Sloan/Wastewater; Sheila Williams, Alfaye Miller, Tia McGriff, Torrie Sims and Nevin Lantry/Police; Mary Gibson/Internal Audit; Mary Bolton/Neighborhood Services; Sarah V. Butler/CAO;Steve Clelland, Chris Condon, Rudolph Johnson, Kathy Miller, Chuck Pearson, Kevin Riley, Vicki Robles Annette Rodgers, Deonda Scott and Laura Kinnear/Fire; Keith Grayson and Clarence Wilson/Permitting Services; Sherry Gutch/Planning and Development; Patricia Hardy/Stormwater Utility; Carmen Lane/Greenwood Cemetery; and Debbie Wheeler/Community & Youth Services.
6. It was moved by Commissioner Bagley, seconded by Commissioner Lynum, and vote carried that the Consent Agenda be approved as follows:
A] June 22 Orlando Loch Haven Park Board minutes, filed Documentary #32221;
B] Agreement for Impact Fee Assistance at $3,174.33 with Seniors First, Inc., at 5395 L. B. McLeod Road, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31147-1;
C] Accepting for filing recorded Warranty Deeds on properties purchased from: 1) Frankie Snider Colman and L. Danner Hiers (OR Bk 5761, Pg 972) at 704 and 710 Piedmont St. and 2) Paul Kuck (OR Bk 5769, Pg 2119) at 733 Judge Rd., filed Documentary #31984A & 31946A;
D] Accepting with regret NTC/CRA Advisory Board member Jack Prevost's resignation;
E] July 14 NTC/CRA Advisory Board minutes, filed Documentary #32222;
F] Code Chapter 18A Permit Application from Florida Citrus Sports for Super Holiday Parade on Dec. 30, 11 a.m.-1 p.m.;
G] June 1999 Orlando Utilities Commission Comparative Financial Statements & Statistics, filed Documentary #32223;
H] Specific approvals from July 21 Greater Orlando Aviation Authority meeting: NB-E/Approve the Continued implementation of the new 9,000 foot Runway 17L/35R at OIA and NB-A/Shopping Center Lease Agreement with Kane Furniture Corporation at OEA in excess of 10 years;
I] July 20 Budget Review Committee minutes with Resolution, with the understanding that approval of Item 8 is for one year only for an evaluation, it being stipulated that future funding will not be approved until a plan is presented testifying to the organization's self sufficiency after three years, filed Documentary #32224 and #31548;
J] Service Authorization not exceeding $20,567.76 with Inwood Consulting Engineers for construction phase services related to Orange Ave.-Michigan St. Improvements, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #30106-1;
K] Authorization #1 not exceeding $13,150 with Nodarse and Associates for Threshold Inspection Services related to Dover Shores Community Center Gymnasium addition, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #32197;
L] Service Authorization not exceeding $85,219.26 with Transportation Consulting for Colonial OTTED Grant Roadway Modifications for proposed Sunterra Development, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #29875A;
M] Adopting a Resolution Supporting Cultural Facilities Program Grant Application, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #28345-3 (see Item 4-S, C/C 7-27-98);
N] Agreement for Grant Coordination Services with Walter Kovshik & Associates, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32225;
O] 1-year Employment Agreement for Dover Shores S.P.A.R.K. Program with Recreation Program Coordinator Shawn Rudloff at $29,036.80 annually, 8-1-99 thru 7-31-2000, authorizing execution by the Mayor and City Clerk following appropriate staff review;
P] Petition for Annexation from SR 15, Inc., Southern Connector, Ltd., on approximately 101.92+ acres south of Central Florida Greeneway and west of Narcoossee Road;
Q] Contract Award to Prime Construction Group, Inc., for Lake Silver Treatment Structure at $477,200, authorizing execution by the Mayor and City Clerk following appropriate staff review, authorizing Public Works Director to execute Change Orders up to 10% of the contract amount, filed Documentary #32226;
R] Specific Authorization not exceeding $4,000 to Kimley Horn and Associates, Inc., for Florida Hospital Development neighborhood traffic impact study, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #29876A;
S] Staff's recommended plan to retain consultants for the evaluation/design of the Southeast Area Wastewater Service Plan;
T] Amendment to Annexation, Planning and Development Agreement with The Randall-Johnson Trust and Orlando Utilities Commission on property south of the BeeLine Expressway, north of Moss Park Road, east of Narcoossee Road and west of the Central Florida Greeneway (SR 417), within the Southeast Orlando Sector Plan area, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #27644-2;
U] National Center for Simulation Economic Development Grant at $10,000 to match a $160,000 Enterprise Florida Base Closure/Alignment Grant under the 1998-1999 Florida Defense Grant Program, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30778;
U] Revised July 20 Community & Youth Services Board minutes, filed Documentary #32227;
W] Water Conserv II Reclaimed Water Agreements with: 1) Clawson and Marguerite Peacock on 9 acres adjacent to Conserv II reclaimed water distribution center; 2) Reedy Creek Improvement District; and 3) McCoy Federal Credit Union on Lot 4 of Kirkman Corners at southeast corner of Kirkman Road and L. B. McLeod Road, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #17700-125/127;
X] Service Authorization not exceeding $1,500.66 with Universal Engineering for Monitoring Well Replacement at 3915 Lake Orlando Parkway, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #28174-A;
Y] Purchasing Awards: 1) BellSouth Mobility at an estimated $50,000 for Cellular Mobile Telephone Equipment and Service; 2) StageRight Corporation not exceeding $98,500 for Ice Floor Cover System at the Arena; 3) Amend Agreement with New World Systems Corporation at $342,408, plus 5% contingency for extra work, for OPD Operations software; 4) Advisory Committee's Ranking and Purchasing Director negotiating for Consulting Services to Prepare N. Orange Ave., Virginia Dr. Corridor and Brookhaven Dr. Urban Design Plan; 5) Amendment to Contract with Johnson Wrecker Services to provide towing services for the Southwest Zone; and 6) Extending Agreement with Host-Orlando Joint Venture at $70,000 for Orlando Arena Concession Contract, authorizing execution by the Purchasing Director;
Z] Amendment at $3,487,967.09 to Contract with Vista East Improvement Corporation for Reclaimed Water System Additions, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #29646-2;
AA] First Amendments to: 1) Goldenrod Extension Development Agreement; 2) Orlando/Orange County Expressway Authority Central Florida Greeneway/LeeVista Boulevard Extension Interchange Construction and Funding Agreement; 3) Goldenrod Road Extension Right-of-Way Dedication Agreement-LeeVista Development of Regional Impact, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31830-3/5; and
HEARING/ORDINANCES/1st READING/ROLL OFF FRANCHISE/BILMAR EXPRESS
7. City Clerk Grace A. Chewning submitted an Ordinance of the City of Orlando granting Bilmar Express Inc. a non-exclusive franchise to provide "Roll-Off" container collection and disposal of waste within the City of Orlando, outlining franchisee's duties, and providing the terms and conditions under which such franchise shall operate. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.
HEARING/ORDINANCE/1st READING/LDC/CHAPTERS 58 & 66
8. Mrs Chewning presented an Ordinance amending Chapter 58 (Zoning Districts and Uses) of the Code of the City of Orlando, by amending Figure 2b (Table of Allowable Uses in Zoning Districts Inside the Traditional City) to delete "Auto Service Station"; to change "Services-Vehicle Major Repair" to "Services-Major Vehicle"; and to add "Services-Automotive" as a new Commercial Land Use; to allow "Major Vehicle Service" as a permitted use in the I-G (Genera Industrial) Zoning District and as a Conditional Use in the AC-3 (Metropolitan Activity Center) Zoning District; to allow "Automotive Services" as a permitted use in the AC-N, AC-1, AC-2, AC-3 (Neighborhood, Community, Urban, and Metropolitan Activity Center), I-P (Industrial Park), I-G (General Industrial), and MU-2 (High Intensity Mixed Use) Zoning Districts, as a Conditional Use in the AC-3a (Downtown Metropolitan Activity Center) Zoning District, and as a Discouraged Use in the MU-1 (Mixed Use) Zoning District; by amending Footnote 30 to reference standards for automotive services included in Section 58.754; by amending Part 4f to change the title to Automotive Services; by creating Section 58.754 to establish Standards for Automotive Services; by amending Chapter 66, Part 2 (definitions) to delete the definition for "Automobile Service Station", to amend the definition for "Service, Vehicle Major Repair", and to add new definitions for "Service, Automotive" and "Towing Service, Accessory"; by amending Chapter 58, Part 2R to change the title to "An Aircraft Noise Overlay District", by amending Sections 58.370 through 58.373 and Sections 58.380 through 58.384 to implement the findings/recommendations of the Orlando International Airport far Part 150 Noise Study; by amending Chapter 66, Part 2, to add, delete, and/or revise definitions related to aircraft noise, to implement the findings/recommendations of the Orlando International Airport far Part 150 noise study; by deleting the existing an-airport noise overlay zone boundary lines from the official zoning map. 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. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that the second reading of the Ordinance be held at 2 p.m., August 23.
ORDINANCE/1st READING/CHAPTER 55
9. Mrs. Chewning submitted an Ordinance amending City Code Section 55.04(3) "Vehicle-For-Hire Board meeting requirements" to change quorum requirement. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Page and vote carried that Ordinance be approved on first reading.
ORDINANCE/1st READING/CHAPTER 51
10. Mrs. Chewning presented an Ordinance repealing subsections (a) and (d) of City Code Section 51.06-1(3) (Aggressive Solicitation - Violation) and renumbering. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be approved on first reading.
ORDINANCE/1st READING/CHAPTER 43
11. Mrs. Chewning submitted an Ordinance repealing subsections (a) and (c) of City Code Section 43.86(3) (Manner of Panhandling Violation) and renumbering. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.
ORDINANCE/1st READING/CHAPTER 45
12. Mrs. Chewning presented an Ordinance repealing subsections (1)(g) and (1)(h) of City Code Section 45.02 (Prohibitions) and renumbering. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.
ORDINANCE/2nd READING/ZONING/9 S. HYER AVE.
13. Mrs. Chewning presented an Ordinance changing zoning from R-2A/T/HP to PD/T/HP Planned Development/Traditional City/Historic Preservation District, on property known as the Buddy Ebsen Complex, located at 9 S. Hyer Ave. and E. Pine St., as requested by the property owner. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that Ordinance be adopted, filed Documentary #32228;
QUASI-JUDICIAL HEARING/RECOMMENDED ORDER
14. Acting Planning and Development Director Jean Roush-Burnett framed the Sandy Frederick, Case #99-02 (HP1-6-99 #2C) and Gary Davis, Case #99-04 (MPB 98-278) at 203, 207 & 215 E. Livingston Street and 411 & 413 Ruth Lane, wherein the Hearing Officer recommended that the City approve the Certificate of Appropriateness for redevelopment of the subject property into a mixed use residential/commercial development based on the proposed meeting requirements of Chapter 62 of the City Code for demolition, new construction and alteration of existing structures; and approve proposed rezoning at it meets the requirements of Sections 58.360 et seq. and 65.360 et seq. It was moved by Commissioner Bagley, seconded by Commissioner Page, to accept the Recommended Order subject to: 1) the residential portion being no more than 7 units and no less than 6 units; 2) of average size no greater than 2,416 sq. ft., but no less than 1,680 sq. ft.; 3) with no single unit larger than 2,818 sq. ft.; 4) that the placement of the units within the development be left at the discretion of the developer; 5) that the office component be no larger than 9,664 sq. ft.; 6) that reduction of residential units have no effect on the allowable office area; 7) that the structure located at 413 Ruth Lane is allowed to be moved to 433 Ruth Lane; 8) that an historic structure from the 1920s is allowed to be moved to the Livingston Street site; 9) that approvals are subject to applicable conditions in the staff reports, which will be set out in the PD Ordinance; and 10) at least four residential units must receive Certification of Occupancy simultaneous with issuing Certificates of Occupancy for any offices. Discussion ensued. Upon call for the question, Commissioners Ammerman, Wyman, Bagley, Lynum and Mayor Hood voted "YEA"; Commisisoner Page voted "NO." Motion carried.
Mayor Hood declared a recess - from 3:52 to 4:00 p.m.
15. Livingston Development of Orlando, Inc, representative Michael Halpin and Legal Counsel Russell W. Devine spoke in support of the Hearing Officer's findings and requested reconsideration of the foregoing Council action to allow 8 residential units. Sandy Fredrick, Lee Pharr, Raymond Cox, Jeffrey Thompson, James Benson, Gary Magarian, Daniel Witucki, Penny Woodruff and Sue MacNamara, who presented a petition, offered arguments against proposed redevelopment of the Livingston Street and Ruth Lane property. No further action was taken.
16. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 5:05 p.m.
Mayor-Commissioner Glenda E. Hood
City Clerk Grace A. Chewning
On Monday, July 26, 1999, at 1:05 p.m., the Orlando City Council met in the Agenda Conference Room, City Hall, Orlando, Florida.
Mayor Hood recognized Joseph Sanders who presented the City with a framed drawing as a token of appreciation for generous support and sponsorship of the 1999 African American Men's Health Summit, noting one-third of the attendees accepted the offer of a free examination to screen for prostate cancer.
Strategic Planner Sherry Gutch introduced National Center for Simulation Executive Director Rels Chrissy, who provided an up-date on the grant accomplishments, key activities, educational outreach, new publication, quarterly meetings and military/medical simulations.
Mayor Hood noted that subsequent information obtained reference Item 2-U in last weeks minutes calls for an amendment to change the Lease period from 50 to 30 years with any extensions requiring specific Council approval. Mary Ann Dean, Executive Director UCF-Shakespeare Festival, explained the terms of grant applications and proposed plans for the building. City Attorney W. Scott Gabrielson stated that Robert's Rules of Order dictate a motion to approve the minutes except for Item 2-U, then a motion to rescind action approving 2-U, followed by a motion to approve a 30-year Lease.
In reviewing the Council Agenda, Mayor Hood noted deletion of BB]; modification to I] whereby funding is for one year only (check to be written through the United Arts) and no future funding considered until the Council receives a plan showing that the Orlando Science Center will be self sufficient after three years; revised V]; procedure and options involved in consideration of Quasi-Judicial Hearing #1; and General Appearances 2] and 3].
Commissioner Bagley extended accolades to Environmental Services Director Tom Lothrop and Wastewater Engineering/Maintenance Bureau Chief Alan Oyler on their successful efforts in bringing forth the Southeast Area Wastewater Service Plan in S].
As to AA], Commissioner Ammerman commented on the tremendous growth and development underway in the area.
Meeting concluded at 1:45 p.m
Grace A. Chewning, City Clerk