City of Orlando

Council Minutes


On Monday, April 21,1997, 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 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 Ammerman and vote carried that the reading of the minutes be waived for the March 31st Staff and Regular City Council meetings with minutes approved as written.

RECOGNITION
2. Mayor Hood recognized City Clerks attending the Florida Association of City Clerks Conference who are present to observe the Orlando City Council in action.

PRESENTATION
3. Police Chief William E. Kennedy, Jr., presented a Good Citizenship Award to Orlando Regional Medical System recognizing its donation of the TRAK (Technology to Recover Abducted Kids) computer system. Mayor Hood joined Chief Kennedy in making the award to ORMS representative Kathy Swanson.

RECOGNITION
4. Community and Youth Services Director Herbert L. Washington called forward BJ Guyer and George Wuster of Creatus Entertainment and Tracey Garner of MicheLee Puppets to recognize their volunteer efforts in working with Stonewall Jackson Middle School/Daybreakers Puppet Troupe (a before-School recreation program) and at the Beardall Senior Center/Festival of Puppets - Bugs, Drugs and Thugs show (contributing 160 hours in performance development and working with students in puppet design/construction). Mayor Hood joined Mr. Washington in presenting each with a plaque and Tracy Garner with an $1,000 donation raised during the March 22nd Annual Ultimate Scavenger Hunt. Mr. Washington introduced Elizabeth Lorenza-Miranda, Community and Youth Services' Cultural Arts Coordinator.

CONSENT AGENDA
5. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that the Consent Agenda be approved as follows (Commissioner Bagley filed Conflict of Interest Form on N], Documentary #30177):
A] April 4th Employee Suggestion Program Committee minutes, filed Documentary #30178;
B] Contract Award to Brown and Caldwell at $23,918 for Conserv I Effluent Disposal Expansion Study, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29862-1
C] Confirming Mayor Hood's appointments to: Downtown Development Board - Derek C. Burke (TE 6/30/2000); Certification Board - Ronaa Ali, Reinaldo Ledesma and Sara Mobley (TE 5/31/99); accepting with regret Valerie W Mundy's resignation from the Affordable Housing Advisory Committee and Director of Purchasing Richard H. Nagel's letter of retirement;
D] March 31st minutes of meeting between Commissioners Ammerman and Gordy, filed Documentary #30179;
E] March 26th Certification Board minutes, filed Documentary #30180;
F] April 1st and 15th Budget Review Committee minutes, filed Documentary #30181 and #30182;
G] March 25th Orlando Loch Haven Park Board minutes, filed Documentary #30183;
H] March 13th Building and Fire Codes Board of Appeals minutes, filed Documentary #30184;
I] March 26th Civil Service Board minutes, filed Documentary #30185;
J] March 27th Human Relations Board minutes, filed Documentary #30186;
K] March 26th Mayor's Senior Citizens Advisory Committee minutes, filed Documentary #30187;
L] March 26th Downtown Development Board minutes, filed Documentary #30188;
M] March 26th and 31st Community Redevelopment Agency Advisory Board minutes, filed Documentary #30189 and #30190;
N] April 1st Vehicles for Hire Administrator's Public Hearing minutes, filed Documentary #30191;
O] April 2nd Historic Preservation Board minutes, filed Documentary #30192;
P] April 9th Orange County Civic Facilities Authority minutes, filed Documentary #30193;
Q] April 14th Election Workshop minutes, filed Documentary #30194;
R] Conceptual Vendor Way Leases for small businesses at $150.00 per month for a single (266 sq. ft.) space or $275 per month for a larger (532 sq. ft.) space, authorizing execution by the Chief Administrative of Deputy Chief Administrative following appropriate staff review;
S] Interim Lease for Recruit Training Command Area with Go Flight, Inc., on property bounded by General Rees Road, Grace Hopper Avenue, Corrine Drive and Lakemont, excluding Building 102), authorizing execution by the Mayor and City Clerk following appropriate staff review (see CC 1-27-97, Item 8/P);
T] Adopting " A Resolution of the City Council of the City of Orlando, Florida, authorizing payment for and transfer of ten (10) vehicles and a compressed Natural Gas Facility for the LYMMO Project to the Central Florida Regional Transportation Authority (CFRTA) dba LYNX for Operation and Use in the LYMMO Project," and authorizing $2,947,960 in payment to New Flyer Industries or to CFRTA and payment not exceeding $200,000 to CNG contractor (Peoples Gas) or CFRTA, filed Documentary #30195;
U] Relocation Agreement with WorldCom Network Services, Inc., not exceeding $2,500 for construction of communications conduit crossing railroad right-of-way at Livingston Street as part of the LYMMO Project, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29880-1 (See C/C 12-16-96, Item 10)
V] Petition for Annexation and Initial Zoning from George Beach on 1.27 + acres at 2601, 2605 and 2615 S. Hiawassee Road;
W] Partial Release and Release of Developer's Agreement for Glenborough Properties, L. P., on property known as Lake Point I, II and III, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #16262 and #19717;
X] March 11th Central Florida Emergency Service Institute Board of Trustees minutes, filed Documentary #30196;
Y] April 2nd Citizens Police Review Board minutes, filed Documentary #30197;
Z] April 9th NTC/CRA Advisory Board minutes, filed Documentary #30198;
AA] Acceptance for filing Orlando Utilities Commissioner Short Term Storage Lease for property at Bennett Road North, of and adjacent to the Bridge Club site for 1 year at $1.00 (See C/C 3-31-97, Item 4/X)
BB] April 1st Board of Zoning Adjustment minutes, filed Documentary #30199;
CC] Release Orlando Neighborhood Improvement Corporation of obligation to repay loan at $3,900 due to failure to negotiate a sales price for apartment building at the Carter Street and Woods Avenue(see CC 5-1-95, Item 8/C);
DD] March 11th Affordable Housing Advisory Committee minutes, filed Documentary #30200;
EE] Changing location of June 23rd Council meeting to Edgewater High School/District 3, 7 p.m., and September 22nd Council meeting to Dover Shores Community Center/District 2, 7 p.m.; also, indicating that the December 15th Council meeting will be held at Boone High School/District 1, 7 p.m.;
FF] Assignment to the Florida Department of Revenue (FDOR) the right to refund to Expo Hotel Associates, Ltd., certain sales tax ($16,525) collected by Centroplex, authorizing the Centroplex Director to execute the Letter of Assignment, following appropriate staff review;
GG] OUC March 1997 Comparative Financial Statements and Statistics, filed Documentary #30201;
HH] Revisions to the Down Payment Assistance Program, deleting the requirement for loan repayment and including the requirement for a restrictive covenant requiring that the property be occupied by persons meeting the City's eligibility guidelines for 5 years or a prorated share of the loan be repaid; and approving the Down payment Assistance Program Policies and Procedures as submitted by the Planning and Development Director following appropriate staff review; (See C/C 11-18-96, Item 6JJJ)
II] April 7th Micro Loan Program Staff Review Meeting minutes, filed Documentary #30202;
JJ] 1-year Employment Contract (Part Time) with Planner II Jerry Schwinghammer at $15.31 per hour, effective 5-1-97, authorizing execution by the Mayor and City Clerk following appropriate staff review;
KK] Short Form Plats for: 1)Walker Subdivision at 3210 Clay Ave. (replatting platted lots for commercial development); 2) Avista Plex (A Replat)/Hollis Engineering, Inc., at 5201 Conroy Rd. (replatting portion of Lot 2 into one lot to develop an office building); 3) Jasbir Kalsi Subdivision at 1315 E. Robinson St. (replatting existing platted lot for office development);
LL] Revision to Sewer Service Policy Section V "Allocation Factors and Limitations" Restaurants to: Outdoor Uncovered Seating - 10 GPD/seat and Outdoor Covered Seating - 20 GPD/Seat, effective immediately;
MM] Right-of-Way Encroachment Agreement with Scott A. Feldmann and Lisa Yee at 620 E. Marks St. for stairs to access parkway at SWC of E. Marks St. and Eola Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30203;
NN] April 9th Nominating Board minutes, filed Documentary #30204;
OO] Micro Loan Program Commitment Letter to George and Gwenever Surry, owners of The Leak Doctor, Inc., for $50,000 loan to be repaid over 7 years at 8% interest and 3-month deferral of both principal and interest, authorizing the Project Director to execute the Commitment Letter and authorizing the Mayor and City Clerk to execute loan closing documents following appropriate staff review, filed Documentary #30205;
PP] Greater Orlando Aviation Authority April 16th action in approve Fixed to Floating Interest Rate Swap on Not to Exceed $88,840,000 of Airport Revenue Bonds;
QQ] Amendment to Orlando Soccer, Inc., Office Lease for an additional 844.78 sq. ft. on the second floor of the Citrus Bowl Conference Facility at $8 per square foot, authorizing execution by the Mayor and City Clerk following appropriate staff review (see CC 9-23-96, Item 3Y);
RR] April 10th Police Pension Board minutes, filed Documentary #30206;
SS] Petition for Annexation and Initial Zoning from Virgil and Doris Betche and James L. and Patricia E. Peltier (Crestview Office) at NEC of Hiawassee Road and Yacht Basin Avenue;
TT] CDBG 1995-96 Public Facility Contract Agreement with The Coalition for the Homeless, Inc., at $24,000 for Women's Residential and Counseling Center, Inc., at 107 E. Hillcrest St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30207;
UU] April 9th Firefighters Pension Board minutes, filed Documentary #30208;
VV] April 2nd and 3Rd minutes of Joint Special Large CAP Value meeting with Pension Advisory Committee, Police & Firefighters Pension Boards, filed Documentary #30209 and #30210;
WW] March 17th minutes of meeting between Mayor Hood and Commissioner Wyman, filed Documentary #30211;
XX] March 27th minutes of Joint Quarterly meeting with Pension Advisory Committee, Police & Firefighters Pension Boards, filed Documentary #30212;
YY] Engagement Letter to King & Blackwell to handle the Complete Interiors court case at a fee exceeding $50,000, authorizing execution by the Mayor and City Clerk following appropriate staff review;
ZZ] Employment Contract with Field Representative Julio A. Ortiz at $11.98 per hour, 4-28/9-30-97, authorizing execution by the Mayor and City Clerk following appropriate staff review;
AAA] Purchasing Contracts & Agreements with: 1) Florida Rock Industries, Inc., increasing the contract from $59,920 to $100,000 for ready mix concrete, dry sand/cement mix and ready mix flowable fill and fibrous concrete; 2) Dick Farmer's Harley Davidson at $397,495 for 35 Police Department '98 Harley-Davidson Motorcycles; 3) Revels Chrysler Plymouth Dodge Jeep Eagle, Inc., at $58,932 for 3 Jeep Cherokee Trucks; 4) Florida Mack, Inc., increasing contract from $417, 950.95 to $421,272.60 for 5 Rear Loading Trucks; 5) Future Horizons, Inc., at $200,000 for aquashade and algaecide; 6) ISS Landscape Management Services at $395,993 for mowing and grounds maintenance; 7) Applied Spectrometry Associates, Inc., at $149,150 for 2 Nitrogen Series Analyzers; and 8) T & L Contractors and Lynch Construction and Associations at $300,00 annually for roofing and roof repairs, authorizing execution by the Purchasing Director; and
BBB] 2-year Employment Contract with Micro Loan Coordinator Pauline Davis at $32,157, effective 5-13-97, authorizing execution by the Mayor and City Clerk following appropriate staff review.

HEARING/ORDINANCE/1ST READING/REZONING/WAREHOUSE ROAD
6. City Clerk Grace A. Chewning submitted an Ordinance changing the zoning classification from MXD-2 to I-P at 850-898 Warehouse Road 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 approved on first reading.

HEARING/ORDINANCE/1ST READING/ZONING/ARDSLEY MANOR
7. Mrs. Chewning presented an Ordinance establishing zoning classification as R-1At, R-1AA, R-1Aat, O-2, C, Pt, R-3A, AC-2, AC-N and I-G, north of Bryn Mawr Street, south of Maury Road, and east of Rio Grande Avenue, West of Westmoreland Drive, known as Ardsley Manor Expansion Area and south of Wilson Avenue, north of Stetson Street, east of North Orange Blossom Trail, and west of Rio Grande Avenue, as requested by the City of Orlando. No one appeared in opposition. It was moved by Commissioner Gordy, seconded by Commissioner Wyman and vote carried that Ordinance be approved on first reading.

HEARING/ORDINANCE/1ST READING/ZONING/SOUTHEAST OF I-4
8. Mrs. Chewning submitted an Ordinance establishing zoning classification as I-G, I-G/RP southeast of Interstate 4 and north of Holden Avenue, as requested by the property owner. 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.

HEARING/ORDINANCE/1ST READING/ZONING/LAKE UNDERHILL ROAD
9. Mrs. Chewning presented an Ordinance changing zoning classification from P to I-P north of East-West Expressway and Lake Underhill Road, south of Colonial Drive, east of the Orlando Executive Airport, west of Andes Avenue, as requested by the property owner. No one appeared in opposition. It was moved by Commissioner Wyman, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.

HEARING/ORDINANCE/2ND READING/NTC MAIN BASE GMP
10. 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 adopted, filed Documentary #30213.

HEARING/ORDINANCE/2ND READING/PD/TIMBERLEAF
11. 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 Bagley, seconded by Commissioner Wyman and vote carried to adopt the Ordinance, field Documentary #30214.

HEARING/ORDINANCE/2ND READING/PD/COLUMBIA PARK MEDICAL CENTER
12.. 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 Ammerman and vote carried that Ordinance be adopted, filed Documentary #30215.

HEARING/ORDINANCE/2nd READING/CHAPTER 59/CONCURRENCY MANAGEMENT
13. Mrs. Chewning 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 Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #30216.

ORDINANCE/1ST READING/ROLL-OFF FRANCHISE
14. Mrs. Chewning presented an Ordinance granting H. B. Walker, 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 Bagley, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.

UNFINISHED BUSINESS
15. City Attorney W. Scott Gabrielson outlined requirements necessitating clarification of reasons for denying the Amendment to the Development Order and indicating how the proposed Amendment could be changed to make same approvable. for Center of Commerce at Orlando, approximately 257.4 acres east of Coast Line Drive and north of Seaboard Road. It was moved by Commissioner Gordy, seconded by Commissioner Wyman, to modify the Order Denying Development Order to reflect the denial of the portion of the Development Order amendment dealing with the extension of the phasing, down zoning and build-out dates and the approval of the other portions of the Development Order amendment, and that the Order further incorporate the following reasons for denial of extension; that the extension would allow a much longer period for the project to build out. Development of the project will actually help to buffer the noise. Thus, the neighboring property owners at Rosemont will have to put up with the noise problems for a longer period of time if the extension is granted. And that the Order incorporate the following actions that can be taken to make the extension approvable - develop noise buffering requirements at the time the master plan is amended to incorporate the Army Corps of Engineers permit for wetlands mitigation, excluding buildings # 907 and 910 on the southside, with a condition loading docks be oriented away from residential uses. And the a noise buffering issues will be dealt with on a case by case basis until that time, through the master plans of the individual parcels until such time as the Development Order or master plan is amended to deal with noise buffering. Discussion ensued. Miranda Fitzgerald, Counsel for Petula Associates, Ltd., and Frank Sullivan, representing Principal Financial Group, offered arguments supporting a request for extending build out schedule for Phase II of the proposed project and . Rosemont Homeowners' Association representative Allan Aksell indicated concurrence in the motion. Upon call for the question, all Council members present voted "YEA." Motion carried.

GENERAL APPEARANCE
16. Tom Kelly, 625 S. Mills Avenue, appeared regarding correspondence from the Public Works Department on future resurfacing for a portion of Mills Avenue and his concern about additional cost that would be incurred for brick restoration. Public Works Director and Mayor Hood explained that the procedure on brick restoration would require a majority vote from abutting property owners.

ADJOURNMENT
17. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 3:30 p.m.



MAYOR-COMMISSIONER GLENDA E. HOOD



CITY CLERK GRACE A. CHEWNING

On Monday, April 21, 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 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 various Community activities held over the week-end, such as: Boone High School Battle of the Bands, Neighborhood events, Shakespeare Festival, Art Festival, and the Orlando Science Center.

Mayor Hood briefly described Orlando's newest Sister City Orenburg, Russia, an area rich in oil and gas and noted Boone High School has an exchange student from Orenburg.

In her update on NTC transfer of property, Mayor Hood announced a series of scheduled meetings with U. S. Senator Bob Graham, U. S. Representative Bill McCollum, Secretary of Navy John H. Dalton and others to discuss various issues and situations relating to NTC transfer, appraisal, evaluation criteria and personnel to proceed with process, emphasizing that Orlando will "stay the course."

During review of Council Agenda, Mayor Hood recognized Purchasing and Materials Management Director Richard H. Nagel who has submitted his request for retirement under C] and noted LL] provides continued support for small business by reducing up-front costs.

City Attorney W. Scott Gabrielson reviewed YY] wherein a jury trial is anticipated based on a law suit to be filed May 6th, and sizeable fees by outside counsel expected based on complexities of the issue.

Commissioner Bagley advised that he will file a Conflict of Interest on N].

Responding to Commissioner Gordy's questions on AAA], 8), Mr. Nagel explained the procedure utilized in recommending contract award.

Referring to Unfinished Business #1, Mr. Gabrielson detailed options on March 31st action. Mayor Hood affirmed procedure of restating the intent of March 31st motion, outlining proposed options and accepting public input.

Mayor Hood adjourned the meeting at 1:26 p.m.




Grace A. Chewning
City Clerk