On Monday, March 31,1997, at 2:05 p.m., the City Council met in regular session in the City Hall Council Chambers, 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 Wyman, District 2
Commissioner C. Bruce Gordy, District 3
Commissioner Bill Bagley, District 4
Commissioner Nap Ford, 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 Roger New, 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 March 24th Staff and Regular City Council meetings with minutes approved as written.
PRESENTATION
2. Fire Chief Donald W. Harkins, Jr., and Assistant Fire Chief Randy Tuten introduced Orange County Sheriff's Deputies Mike Davis and Tom Harris for recognition of their March 6th actions in performing CPR on an auto accident victim. Mayor Hood and Under Sheriff Rick Staley joined in presentation of a Letter of Commendation from OFD to Deputies Davis and Harrison, accompanied by special guest, James Clifton, the patient, now recovered from a massive heart attack thanks to the Deputies.
RECOGNITION
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Mayor Hood recognized the Boone High
School Law Magnet Program students observing local government in action.
CONSENT AGENDA
4. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that the Consent Agenda be approved as follows (Commissioner Ammerman filed Conflict of Interest Form on A], Documentary #30143):
A] Adoption of: "A Resolution by the City council of Orlando, Florida, finding that the Oracle Corporation be approved as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $25,000 as local participation in the Qualified Target Industry Tax Refunds Program for Fiscal Years 1998-2001; and providing for an Effective Date," and "A Resolution by the City Council of Orlando, Florida, finding that Banco Popular be approved as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $120,000 as local participation in the Qualified Target Industry Tax Refunds Program for Fiscal Years 1998-2001; and providing for an Effective Date," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30144 and #31045;
B] Landscaping Architecture and Land Planning Services Agreements with Glatting Jackson Kercher Anglin Lopez Rinehart and Herbert Halback for 2 years plus a 1-year extension option, with maximum upset figures to be determined for each individual project, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30146 and #30147;
C] Holiday House Renovation Architectural Services Agreement with Perez & Perez/Martin, Inc., not exceeding $9,265, authorizing execution by the Mayor and City Clerk following appropriate staff review, authorizing Public Works Director to approve additional services up to 10% of the contract amount, filed Documentary #29966-1;
D] St. Johns River Water Management District Agreement not exceeding $121,397 for constructing the Wadeview Park Periphyton Water Garden, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30148;
E] Purchasing Contracts and Agreements with: 1) Hughes Supply, Inc., and Ferguson Enterprises for plumbing supplies not exceeding $70,000 annually; 2) Bob's Barricades for rental of traffic control devices not exceeding $58,575.80; and 3) Century Rain Aid and Florida Irrigation Supply, Inc., for irrigation and sprinkler supplies not exceeding $93,000 annually, authorizing execution by the Purchasing and Materials Management Director;
F] Micro Loans to: 1) Bryan Claverie, owner of Abcool Air Conditioning and Heating, Inc., for $40,000 to be repaid over 5-years at 8% interest, with a 3-month deferral of both principal and interest, disbursing the loan at $15,000 immediately for current working capital and $25,000 after a substantial contract has been secured or there are sufficient receivables to assure repayment; and 2) Homer Ureste, owner of Homfab Mgmt. Corp., at $10,000 to be repaid over 3-years at 8% interest, with a 3-month deferral of both principal and interest, authorizing the Project Director to execute the loan commitment letter and the Mayor to execute loan closing documents following appropriate staff review, field Documentary #30149 and #30150;
G] Interlocal Agreement with Orange County and Community Redevelopment Agency setting forth the representations and agreements with respect to the cost of the Interstate 4/Conroy Road Interchange, the amount of Special Assessment Bonds to be issued, the use of Tax Increment Revenues and Transportation Impact Fees, the conditions for issuance of tax increment refunding bonds and certain other matters related to the construction and financing the interchange, approving "Pre-Agreement" Capital Costs (Exhibit C) subject to such changes as may be approved by the Mayor as evidenced by execution of the Interlocal Agreement, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30151;
H] Agreement with The Sailing Club, Inc. (not-for-profit corporation), for basic sailing courses at various facilities in exchange for free sailing instruction to youth enrolled in the O.A.S.I.S. and summer program, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30152;
I] March 18th Municipal Planning Board minutes, except Items B, 7 and 8, filed Documentary #30153;
J] Authorize Planning staff to prepare amendments to the small scale master plan review, platting and variance processes for a Municipal Planning Board public hearing, with the intent that amendment be adopted as a special, uncodified ordinance for a defined period to allow a test of the changes;
K] Request from the Orlando Museum of Art to fly banners promoting the Imperial Tombs of China on utility poles along Mills Avenue from Nottingham Street, south to Colonial Drive; Princeton Street from Mills to Orange Avenue; Rollins Avenue from Mills to Orange Avenue; Orange Avenue from Princeton Street to Lake Highland, and along Lake Highland in front of the designated parking area, from March 31st through September 15th;
L] March 17th Community Redevelopment Agency minutes, filed Documentary #30154;
M] March 20th Orange County Civic Facilities Authority minutes, filed Documentary #30155;
N] February 27th Safety and Health Committee minutes, filed Documentary #30156;
O] March 18th Community and Youth Services Board minutes, filed Documentary #30157;
P] March 11th Long Term Disability Review Committee minutes, filed Documentary #30158;
Q] March 20th Police Pension Board minutes, filed Documentary #30159;
R] March 11th Orlando Utilities Commission minutes, filed Documentary #30160;
S] March 13th Orlando Housing Authority minutes, filed Documentary #30161;
T] Acceptance for filing Orange County Emergency Medical Services Certificate of Public Convenience and Necessity which authorizes the Orlando Fire Department to provide advanced life support transport service, filed Documentary #30162;
U] Agreement with Central Florida Fair, Inc., in settlement of 1991-1996 stormwater utility fees disputed on two parcels within the City Limits, wherein the Fair will pay 1996 fees at $7,172.02 and subsequent years as due and payable, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30163;
V] Service Authorization with Glatting Jackson not exceeding $16,000 for a sign and graphic design consultant (Shaughnessy Hart & Associates) for developing directional signage at I-4 and Princeton Street exit, authorizing execution by the Mayor and City Clerk following appropriate staff review, authorizing Public Works Director to issue amendments for additional work up to $4,000, filed Documentary #30145-1;
W] 2-year Agreements with: 1) Ardaman and Associates, Inc., 2) PSI, and 3) Universal Engineering Sciences, Inc., for continuing soils and materials testing services with maximum upset figures to be determined for each individual project, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary # 30164/66;
X] Short Term Storage Lease to OUC for property on Bennett Road (S/Bypass Station; N/Bridge Club) as construction staging area for Telecom Utility Contractors, authorizing execution by the Mayor and City Clerk following appropriate staff review;
Y] Space Use Agreements for storing Orlando Fire Department's explosive materials in Building #379, Orlando International Airport, at $660 per year for 6 cubicles from 3-1-96 to 2-28-98;
Z] Interlocal Agreement with Orange County resolving disagreement over interpretation of Florida Statutes and procedures for establishing new Community Redevelopment Areas within the existing Community Redevelopment Agency, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30167;
AA] Consent to Assignment of Long-Term Parking Lease with TRST Orlando, Inc., assigning 100 parking spaces in Centroplex Parking Garage #1 to USI-GAEDEKE Associates, L. P., under terms and conditions of the existing lease, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #28010-1;
BB] Adopting "A Resolution of the City of Orlando, Florida, amending a Resolution of the City bearing Documentary #17940, adopted March 24, 1997 pertaining to the issuance of its Waste Water System Revenue Bonds; modifying the criteria that must be satisfied prior to the issuance thereof; designating additional qualified independent consultant; providing an effective date for this Resolution; and providing certain other details with respect thereto," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #17940;
CC] November 20th, December 4th and January 17th Greater Orlando Aviation Authority minutes; and specifically approving March 19th meeting Items: 5-F/Addendum to Consulting Engineering Services Agreement with Blout Sikes and Associates for $37,119.30 from OEA Discretionary Fund; 5-I/Reallocate Discretionary Funds for Marketing for $92,900.93; 5-J/Approve Expenditure of Funds from the Renewal and Replacement Fund, OIA, for $11,250; 5-Q/Addendum to General Noise Consulting Agreement with Transportation Solutions, Inc., for updating the OIA FAR Part 150 Study; 5-V/Amendment of Addendum to General Consulting Agreement with ZHA, Inc., OAR Fees, Rehabilitation of Runway 18L/36R and Associated Taxiways, OIA; 10/Approve Agreement and Addendum No. 1 with Greiner/PB Team Joint Venture for Program Management Support Services; 11/Addendum to the Agreement for Professional Services with the Authority's General Consultant ZHA, Inc., to Commence Program Management Services on the Near-Term Improvement Program.; 12/Professional Services with WBQ Design and Engineering, Inc., Employee Parking Facility; 13/Modification to the Professional Services Agreement with URS-Greiner, Inc.; and, 14/Bear Sterns Option on Debt Service Reserve Forward Sale Agreement and Contingent Payment Agreement with Contract Terms in excess of ten years, minutes filed Documentary #30168/70;
DD] Adopting a Resolution authorizing the Harry P. Leu Gardens' Grant Coordinator to submit an application to the Florida Department of State, Division of Cultural Affairs, requesting $500,000 financial assistance under the Cultural Facilities Program, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30171;
EE] Acceptance for filing City of Orlando Compliance Reports and Supplementary Financial Report for the year ended 9-30-96, filed Documentary #30172A & B;
FF] Short-Form Plat from Orlando West Replat Three at NEC of Silver Star Road and Coastline Drive (replatting a portion of existing platted lot for new commercial development); and
GG] March 24th Naval Training Center Community Redevelopment Agency minutes, filed Documentary #30173.
APPEAL/HEARING
5. Planning and Development Director Richard C. Bernhardt reviewed the recommendation by the Municipal Planning Board in Item 3, January 21minutes on a proposed Third Amendment to a previously approved Development of Regional Impact for Center of Commerce at Orlando, approximately 257.4 acres east of Coast Line Drive and north of Seaboard Road, to incorporate the results of a modeling and monitoring study, include traffic mitigation commitments; and change the phasing of the project and buildout dates. Rosemont Homeowners Association representative Allen Aksell and Leroy Bickley spoke in opposition thereto. Miranda Fitzgerald, Esq., offered arguments on behalf of Petula Asssociates, Ltd., supporting the application. It was moved by Commissioner Gordy, seconded by Commissioner Wyman, that cited Municipal Planning Board action be disapproved. Commissioners Wyman, Gordy, Bagley, Ford and Page voted "YEA." Commissioner Ammerman and Mayor Hood voted "NO." Motion carried.
HEARING/ORDINANCE/1ST READING/NTC MAIN BASE GMP
6. Mrs. Chewning submitted an Ordinance amending the City of Orlando Growth Management Plan by amending Official Future Land Use Maps 3 and 4 to change the Future Land Use Designation from Public/Recreational/Institutional to Residential Low Intensity, Residential Medium Intensity, Office Low Intensity, Office Medium Intensity, Community Activity Center, and Industrial, and to create new Subarea Policy Boundaries 16.4, 16.5 and 16.6; amend Future Land Use Element to add Subarea Policies S.16.4, S.16.5, and S.16.6; amend Traffic Circulation Element by deleting Figures TC-1 and TC-3, and adopting new Figures TC-1 and TC-3; and adopting new Figures TC-1 and TC-3; amend Traffic Circulation Element by deleting Figures TC-4 (Parts A and B) and adopting new Figures TC-4 (Parts A and B); amend Traffic Circulation Element to renumber Policies 1.7.4 and 1.7.5 and to add a new Policy 1.7.4; amend Capital Improvements Element by deleting Figures CI-1, CI-3 and CI-13, and adopting new Figures CI-1, CI-3 and CI-13; amend Recreation, Open Space and Cultural Element b y deleting Figure R-1 and adopting Figure R-1; amend Recreation, Open Space and Cultural Element to add Policy 1.1.13; amend Urban Design Element to add Policy 2.1.6; authorize the City Clerk and City Planning Official to amend and correct the Official Future Land Use Maps; provide for severability; and provide for an effective date. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.
HEARING/ORDINANCE/1ST READING/PD/TIMBERLEAF
7. Mrs. Chewning presented an Ordinance amending the requirements of the Planned Development of Timberleaf, located north of Raleigh Street and east of Kirkman Road, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried to approve the Ordinance on first reading.
HEARING/ORDINANCE/1ST READING/PD/COLUMBIA PARK MEDICAL CENTER
8. Mrs. Chewning submitted an Ordinance amending the requirement of the Planned Development of Columbia Park Medical Center, f/k/a Humana Hospital, located between Gore Street, Orange Avenue, Lucerne Terrace, Ernestine Street and Lucerne Circle, as requested by the property owner. 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.
HEARING/ORDINANCE/2ND READING/HISTORIC LANDMARK SIGN/PLAZA THEATRE
9. Mrs. Chewning presented an Ordinance designating as an Historic Landmark Sign the Plaza Theatre sign at 425 N. Bumby Ave. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #30174.
HEARING/ORDINANCE/2ND READING/ABANDONMENT
10. Mrs. Chewning submitted an Ordinance abandoning a right-of-way along West Washington Street between Westmoreland Drive and Lee Avenue, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Page and vote carried that Ordinance be adopted, filed Documentary #30175.
HEARING/ORDINANCE/2ND READING/ZONING
11. Mrs. Chewning presented an Ordinance changing the zoning from R-1t to PDt on property East of Delaney Avenue, South of Delaney Park Drive and North of Briercliff Drive, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #30176.
ORDINANCE/1ST READING/CHAPTER 59/CONCURRENCY MANAGEMENT
12. Mrs. Chewing submitted an Ordinance amending City Code Section 59.308 pertaining to concurrency evaluation for roads; and amending Part 10 by adding the Definition of "Transportation Primary Impact Area." No one appeared in opposition. It was moved by Commissioner Ford, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.
QUASI-JUDICIAL HEARING/RECOMMENDED ORDER
13. Mr. Bernhardt outlined the Hearing Officer's Recommended Order (Case #96-063) in the matter of appeal filed by Wallace and Karen Bogart, wherein application for a variance to minimum required rear yard setback to permit a screened porch with solid roof at 7297 Mardell Court was denied. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried to approve and adopt the Recommended Order affirming the November 8, 1996, Board of Zoning Adjustment recommendation to deny the variance request.
ADJOURNMENT
14. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 3:26 p.m.
MAYOR-COMMISSIONER GLENDA E. HOOD
CITY CLERK GRACE A. CHEWNING
On Monday, March 31, 1997, at 1:05 p.m., the Orlando City Council met in the Agenda Conference Room, City Hall, Orlando, Florida.
Present: Mayor 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 Nap Ford, 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 Roger New, Sergeant-at-Arms
Mayor Hood noted that 24 Boone High School Law Magnet Students will be observing today's meeting.
Commissioner Ammerman advised that he will file a Conflict of Interest on A] and extended accolades to the Mayor and Staff for bringing forth Item J] - Chapter 65 - LDC Amendments streamlining the Master Plan, Platting and Variance Processes.
As to Item F], Commissioner Gordy commented on the expected positive aspects of the guidelines being put in place for the Micro Loan Program.
Mayor Hood reviewed the procedure established by Council on Quasi-Judicial Hearings.
Mayor Hood referred to General Appearance #1 and her meeting with Jim Murphy last Thursday, explaining changes in the International Olympic Committee criteria for hosting Olympic events; costs for such an event exceeding $1.7 billion; the City's financial commitments/guarantees required by IOC; and the community's expressed priority concerns on education, transportation, crime prevention and environmental needs.
Mayor Hood adjourned the meeting at 1:16 p.m.
Grace A. Chewning
City Clerk