On Monday, September 8, 1997, at 2:00 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.

MINUTES

1. It was moved by Commissioner Ford, seconded by Commissioner Ammerman and vote carried that the reading of the minutes be waived for the August 25th Staff and regular City Council meetings with minutes approved (noting a "scrivener's" omission has been inserted in Item 10).

SERVICE/RETIREMENT

2. Stormwater Utility Bureau Chief William G. Chamberlin escorted Construction Inspector III Gene Tucker for recognition of 27 years' service. Mayor Hood presented Mr. Tucker with Certificate of Appreciation, service pin, Retirement Proclamation and personal gift from the Council.

CONSENT AGENDA

3. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that the Consent Agenda be approved as follows: (Commissioner Bagley filed Conflict of Interest Form on Item J], filed Documentary #30539):

A] June 24 and July 22 Affordable Housing Advisory Committee minutes, filed Documentary #30540/41;

B] Confirming Mayor Hood's appointments: Central Florida Emergency Services Institute Board of Trustees - Maitland Fire Department Operations Assistant Chief Kenneth Neuhard, replacing Fire Chief Dan Hardester (TE 9/30/98), Mid Florida Tech Director Robert J. Clark (TE 9/30/99); and accepting with regret resignations from Victor A. Diaz/Nominating Board and Robert Koch/Loch Haven Park Board;

C] August 26 Budget Review Committee minutes, filed Documentary #30542;

D] August 25 Naval Training Center Community Redevelopment Agency minutes, filed Documentary #30543;

E] 1-year Parking Lease with Seven One Seven Parking Services, Inc., to store vehicles in Lot #2 (113 N. Magnolia Ave.), Lot 6 (61 W. Washington St.) and Central Boulevard Garage (55 W. Central Blvd) from 7 p.m.-2 a.m., seven days a week at $2 per vehicle, authorizing execution by the Mayor and City Clerk following appropriate staff review;

F] Addendum to 1996 Agreement with U. S. Drug Enforcement Administration and OPD increasing funds for overtime pay, authorizing execution by the Police Chief following appropriate staff review;

G] 2-year Employment Agreements with Hydraulic Cleaning Specialists Raymond L. Leonhard at $8.86 per hour and Joel M. Albertson at $10.36 per hour, 10-1-97 through 9-30-99, authorizing execution by the Mayor and City Clerk following appropriate staff review;

H] August 14 Orlando Housing Authority minutes, filed Documentary #30544;

I] August 19 Risk Management Committee minutes, filed Documentary #30545;

J] August 21Vehicle for Hire Administrator minutes, filed Documentary #30546;

K] July 10 Orange County Library System Board of Trustees minutes, filed Documentary #30547;

L] August 13 NTC/CRA Advisory Board minutes, filed Documentary #30548;

M] August 19 Community & Youth Services Board minutes, filed Documentary #30549;

N] August 12 minutes of meeting between Mayor Hood and OUC Commissioner Fletcher, filed Documentary #30550;

O] August 22 Nominating Board minutes, filed Documentary #30551;

P] August 26Downtown Development Board minutes, filed Documentary #30552;

Q] August 26 Community Redevelopment Agency Advisory Board minutes, filed Documentary #30553;

R] Micro Loan Settlement Agreement with Lillian B. and Enoch L. Seays (Guarantors) and LBS Publications, Inc., (Borrower) at $36,249.39 (monthly payments: 12/$200, 112/$300 and $249.39 final payment), authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #27966-1;

S] Sidewalk Cafe License Agreement with Aladin Food & Beverage, L.L.C. (d/b/a Carlos 'n Charlies) at 25 W. Church St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30554;

T] September 4 City Operations Committee minutes, filed Documentary #30555;

U] Contract with Conklin, Porter & Holmes, Inc., at $20,990 for developing OSHA process safety management program, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30556;

V] Amendment to Lease for New Communication Tower with Florida Department of Management Services memorializing the location of communication equipment on, and the load capacity of a 350' communication tower at Iron Bridge Wastewater Treatment Plant, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29832-1;

W] Renewal of Employment Agreements with Computer Operator II Jim Morinelli at $10.66 per hour, Computer Operator II Noel Oakes at $l0.66 per hour and Computer Operator I Angel Colon at $9.06 per hour through 9/30/98 with appropriate increase per Policies and Procedures 808.9, authorizing execution by the Mayor and City Clerk following appropriate staff review;

X] Specific Authorization with Conklin, Porter & Holmes Engineers, Inc., at $10,281.42 for field survey and final design of Green Acres and College Court Areas, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29866-2;

Y] 1-year Employment Agreement with City Prosecutor Zahra Umansky at $39,603.20 annually, 9/30/97 through 9/29/98, authorizing execution by the Mayor and City Clerk following appropriate staff review;

Z] Extending temporary partial "1-Way" traffic test in south College Park neighborhood (Cordova Dr., Hayden Ln., Putnam Ave., Seminole Ave. and Ellswood Ave.) until 3/8/98 to allow the neighborhood to work on expanding Crime Watch Program and building consensus for permanent implementation, authorizing the Transportation Engineer to modify the test as needed to address operational or safety problems;

AA] Selection Team's ranking and negotiating for City Hall Air Conditioning Consultant contract not exceeding $10,000 with 1) Sims Wilkerson Engineering, Inc.; 2) Independent Mechanical Designers and Consultants; and 3) Associated Consulting Engineers, Inc., and subsequent submission to Council;

BB] Final Change Order at $7,989.89 with Gomez Contracting Company for College Park Bathhouse, authorizing execution by the Public Works Director following appropriate staff review, filed Documentary #29751-1;

CC] August 19 Orlando Utilities Commission minutes, filed Documentary #30557;

DD] August 27 Orlando Civil Service Board minutes, filed Documentary #30558;

EE] Agreement with Orange County School Board for 17 School Resource Officers to teach classes and perform general liaison functions and D.A.R.E. program workbooks, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #27747-3;

FF] Code Chapter 18A Permits: Closing Central Blvd. from Rosalind Ave. to Lake Ave., 10:30 a.m.-9 p.m., September 14^th, for II Fiesta Mexicana; Church St. between Garland and Orange Aves., 1 p.m.-3 p.m., October 11^th, for Pet Masquerade Parade;

GG] August 19 Municipal Planning Board minutes, except #8 and #19, filed Documentary #30559;

HH] September 3 Finance Committee minutes, filed Documentary #30560;

II] Adopting "A Resolution of the City of Orlando, Florida, authorizing the continued execution and delivery of International Swap Dealers Association Master Agreements with qualified interest rate hedge providers; delegating authority to the Director of Finance to distribute a notice of bid and to award and enter into one or more interest rate transaction(s), under the terms of the executed Master Agreement(s), for the purpose of hedging or exchanging all or a portion of the interest rate risk associated with the City's variable rate debt, subject to certain criteria set forth therein; authorizing the use of covenant revenues as security for the City's obligations under the transaction(s), subject to such limitations set forth herein; making certain findings in relations thereto; providing certain other details with respect thereto; and providing an effective date," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #25329-9;

JJ] August 22 Harry P. Leu Gardens Board of Trustees minutes, filed Documentary #30561;

KK] Hold Harmless Agreement with Naval Air Warfare Center Training Systems Division for use of Weapons Team Engagement Trainer for training police officers, authorizing execution by the Police Chief following appropriate staff review, copy filed Documentary #30562;

LL] Developer's Agreement with Whitemark Homes for developing 105 single family lots known as The Meadows II on 18.7 acres being annexed into the City with an initial zoning of R-3A, south of 4^th St., east of 11^th Ave., west of Boggy Creek Rd. and north of Rayburn St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30563;

MM] Hold Harmless Agreement with Paula and Peyton Hodges on property at 743 Lake Davis Dr., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30564;

NN] Employment Agreement with NTC-CRA Administrative Specialist Tanya A. Dong at $13.92 per hour, effective 9-15-97, authorizing execution by the Mayor and City Clerk following appropriate staff review;

OO] Extending Employment Agreement with NTC-CRA Federal Liaison Director Herbert E. Smetheram from 10-1-97 to 12-13-97

PP] Memorandum of Understanding between the City and CNL Properties, Inc., regarding the exchange of a development pad for 345,000+ square foot office building (CNL National Corporate Headquarters) on the SEC of the City Hall site and interest in a 1,800+ space parking garage on the west side of Boone Ave. for land on the blocks south of South St., north of Anderson St., east of Orange Ave. and west of Rosalind Ave., and providing impact fee credits at 50% of the impact fees for the office tower, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30565;

QQ] Rejecting bids for Dubsdread Drainage Improvements and authorizing the Public Works Director to proceed with obtaining labor and materials necessary to complete the project;

RR] Micro Loan Program (CDBG Loan #024) funding not exceeding $45,000 to Desmond .C. and Marjorie P. Brown (Guarantors) and Paradise Island Café, Inc., (Borrower) at 377 W. Church St., to be repaid over a 7-year period at 8% interest and a 3-month deferral of both principal and interest, authorizing the Mayor and City Clerk to execute closing documents following appropriate staff review, filed Documentary #30527A;

SS] Renewing 1-year Callahan Neighborhood Center Head Start Program Annual Lease Agreement with Orange County for continuing the Head Start Program, 9/8/97 through 9/10/98, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #23316-2;

TT] August 26 Orlando Loch Haven Park Board minutes, filed Documentary #30566;

UU] Specifically approving items approved on August 20 by Greater Orlando Aviation Authority: 5E/Change Orders 206-12, 206-13, 206-14; 5H/Accept and execute any year-end grant offers or amendments to grants from the FAA that may be forthcoming prior to 10/1/97 for OIA and OEA; 5O/Addendum to Professional Services Agreement with Leigh Fisher for Benefit-Cost Analysis of North Crossfield Taxiway at OIA; 5P/Addendum to General Consulting Agreement with ZHA, Inc., for Evaluation of Extending Runway 07-25 at OEA; 5Q/Amend Lease with Robert O. Schlytter, Trustee of Colonial Plaza Trust ("Trust") at OEA; 5R/Provision of Right First Refusal with Respect to Land to be leased to Avis Rent A Car Systems, Inc.; 9/Amendment #5 to Addendum #1 to Professional Services Agreement with the Greiner PB Team; and 10/Award Bid Package 258, East Airfield Development , Site Preparation - Phase II;

VV] 1-year Affiliation Agreement with UCF and Columbia Park Medical Center for utilization of John H. Jackson Community Center for nursing students clinical experience program, 9 a.m.-3 p.m., Thursday and Friday, commencing 9-11-97, authorizing execution by the Community and Youth Services Director following appropriate staff review;

WW] Purchasing agreements and contracts with: 1] Biscayne Electric and Hardware/$43,406, Sears/$969, Action Bolt and Tool/$12,322, Scotty's/$2,207, and Mine and Mill Supply/$4,902 for tools and related materials; 2] Cherry Lake Farms, Inc.,/$5,984.90, Concepts in Greenery, Inc./$44,700 and Marian Gardens Tree Farm/$100,350 for 15, 30 & 65 gallon size trees; 3] Bottomline Technologies, Inc., contract not exceeding $54,000 for Disbursement System; 4] Safety Equipment Company Agreement at $247,108 for OMEGA basic firefighter turnout gear with a 50% discount off list price for all other items; 5] Sun Ray Paving and Construction Company not exceeding $91,000 for Thermoplastic pavement markings to City streets; 6] SunTrust Bank, Central Florida, N. A. at $144,000 for General Banking Services; 7] Bennett Fire Products at $60,636 for firefighter boots; 8] Purchasing Director to negotiate and execute a contract with Arthur Anderson, The Network Address, Barry Strock Consulting Associates, or Coopers & Lybrand for Information Systems Strategic Plan & Financial Software Selection Consultants; 9] Increase award to Dell Computer Corp to $l,450,000; and 10] Purchasing Director to negotiate and execute a contract for Armed & Unarmed Security Guard Services with Central Security Services or Argenbrights Security, Inc., authorizing execution by the Purchasing Director;

XX] Sidewalk Agreement with Bradley Chase (Vineland Self Storage) at 4508-4526 Vineland Rd., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30567;

YY] Deleted; and

ZZ] Deleted.

HEARING/ORDINANCE/2^ND READING/CHAPTER 21

4. City Clerk Grace A. Chewning presented an Ordinance amending City Code Sections 21.02 (Time of Holding) and 21.05 (Elimination and Run-Off Elections), changing the General Election date to the second Tuesday in March and the Run-off Election date to the second Tuesday in April; Section 21.07-1 (Alternative Method of Qualifying) to increase the time for filing the Undue Burden Oath; and Section 21.18 (Absentee Voting) to make the absentee voting provisions consistent with Florida Law. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #30568.

HEARING/ORDINANCE/2^ndREADING/CHAPTER 2

5. Mrs. Chewning submitted an Ordinance amending City Code Section 2.18 (Acting City Prosecutor) to allow interns certified by the Supreme Court of Florida to act on behalf of the City in the prosecution of City Code violations. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #30569.

HEARING/ORDINANCE/2^ND READING/SPRING 1997 GMP

6. Mrs. Chewning presented an Ordinance to amend the City of Orlando Growth Management Plan by amending Official Future Land Use Map 8 to create new Subarea Policy Boundary S.18.4; amending Future Land Use Element to Add Subarea Policy S.18.4; amending Official Future Land Use Map 11 to Change Future Land Use Designation from Residential Medium Intensity to Community Activity Center, to revise the boundary of Subarea Policy S.24.1, and to create new Subarea Policy Boundary S.24.3; amending Future Land Use Element to add Subarea Policy S.24.3; amending Official Future Land Use Map 3 to revise the Boundary of Subarea Policy S.15.3 and to create new Subarea Policy Boundary S.15.4; amending Future Land Use Element to add Subarea Policy S.15.4; amending Official Future Land Use Map 9 to change the Future Land Use designation from Community Activity Center to Public/Recreational/Institutional; amending Official Future Land Use Map 12 to include property as Industrial and Resource Protection to reflect annexation of property; amending Official Future Land Use Map 8 to change Future Land Use designation from Residential Low Intensity to Office Low Intensity, to revise the boundary of Future Land Use Element Subarea Policy S.6.1, and to revise the boundary of Downtown Element Policy 2.3.7; amending the Urban Design Element, by deleting Figure UD-44, and adopting New Figure UD-44; amending Future Land Use Element, by deleting Figure LU-1 and adopting New Figure LU-1; amending the Wastewater Element, Policies 1.1.1, 1.1.2, and 1.13; amending the Capital Improvements Element, Policy 1.2.4; authorize the City Clerk and City Planning Official to amend and correct the Official Future Land Use Maps. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #30570.

ORDINANCE/1^st READING/ROLL-OFF FRANCHISE/WILLIAMS CONTRACTING

7. Mrs. Chewning submitted an Ordinance granting Williams Contracting, 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. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried to approve Ordinance on first reading.

ORDINANCE/2^nd READING/ANNEXATION/ BOGGY CREEK ROAD

8. Mrs. Chewning presented an Ordinance annexing property south of 4^th St., east of 11^th Ave., west of Boggy Creek Rd. and north of Rayburn St., 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 adopted, filed Documentary #30571.

ORDINANCE/2^ND READING/CHAPTER 33

9. Mrs. Chewning submitted an Ordinance amending City Code Section 33.01 to conform with State Law, Section 33.02/Classifications and Definitions and Section 33.03/hours of service or sale or consumption. Assistant to the Mayor/Rave Task Force Coordinator Joe Robinson reviewed findings of the Task Force and proposed Ordinance. Police Chief William Kennedy and Fire Chief Donald Harkins presented statistical data related to public safety issues in the downtown area. City Attorney W. Scott Gabrielson offered background on proposed Ordinance, reviewed his written opinion addressing allegation of voting conflict regarding "Hood Tents" that no conflict exists and, therefore, State Law would not permit Mayor Hood abstaining from voting. Prior to public input, Commissioners Wyman and Ford cited telephone calls they received concerning their votes on the proposed Ordinance that they interpreted to be of a threatening nature. State Representative John Morron, Christina L. Dettore, Marsha Montesi, Arthur B. Cole, Florida Division of Alcoholic Beverage and Tobacco Agent Bruce Ashley, Raymond Stines, Dail Pribil, Sandra Monroe spoke in support. David Wasserman, Legal Counsel for The Club Firestone, offered argument on behalf of his client and presented copy of petition opposing the proposed Ordinance. Also speaking in opposition were Rob Highfill, Fernando Schultz, Michael Hiratzka, Bryan Stamper, Douglas L. Welch, Mark Snyder, Shawn Hunt, Scott Spar, Brent Graber, Donald Johnson, Kevin R. Parr, Corey James, Ronald Randall, Thomas Babilon, David Siminou, Charles Pennant, Virginia Conover, Rebecca Franklin, Sean Fenn, and Jason Brown. Discussion ensued. Mr. Gabrielson opined that the Ordinance shall take effect upon its passage and as provided by law to mean 10 days from adoption. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman, that the Ordinance be adopted, as amended, filed Documentary #30572. Commissioners Ammerman, Wyman, Ford, Bagley and Mayor Hood voted "YEA'; Commissioners Gordy and Page voted "NO." Motion carried.

GENERAL APPEARANCE

10. Gary Magarian, representing his mother Mrs. Agnes C. Magarian who owns the property at 619 W. Colonial Dr., Sara Manthey/807 W. Concord St. and Thomas R. Castano/545 Charles Ct. appeared voicing their opposition to Consent Agenda Z. Stan Whittington/901 Alba Drive expressed his support. Commissioner Gordy elaborated on the rationale for extending same. No action was taken.

GENERAL APPEARANCE

11. Oswald Boston appeared citing his objections to requirements in Code Chapter 55 (Vehicles for Hire) on color schemes and the hardship same imposes. No action was taken.

GENERAL APPEARANCE

12. Henry S. Betts appeared outlining City staff actions relative to plat, permits, and conditions to developer's agreement involving property at Raleigh St. and Lenox Blvd. Commissioner Page commented on efforts to protect the neighborhood's integrity and attendant public health/safety/welfare issues. No action was taken.

GENERAL APPEARANCE

13. Reverend Floyd Irwin appeared.

MAYOR HOOD DECLARED A RECESS - 6:05-6:15 P.M.

HEARINGS/CITY & DDB MILLAGE RATES & BUDGETS

14. Mayor Hood announced this as the time for the first of two public hearings on adopting the tentative millage rates and tentative budgets for the City of Orlando and the Downtown Development Board for Fiscal Year 1997-98. She announced that the proposed FY 1997-98 millage rate for the City is 6.0666 mills and 5.95% higher than the rolled-back rate of 5.7258 mills. Management and Budget Director Rebecca A. Ares advised that the monies will be applied toward increase in overall City operation costs. There was no public comment. City Clerk Grace A. Chewning submitted "A Resolution of the City of Orlando, Florida, establishing the Ad Valorem Tax Levy upon the assessed real and business personal property tax rolls of the year 1997." It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried with Commissioner Gordy voting "NO," that Resolution tentatively be adopted. Mrs. Chewning presented "A Resolution of the City of Orlando, Florida adopting the Annual Budget of the City of Orlando, Florida for the Fiscal Year beginning October 1, 1997, and ending September 30, 1998." Mrs. Ares announced the total City Budget is $466,485,220 (General Fund is $192,995,000) and provided a summary of Budget Highlights. There was no public comment. It was moved by Commissioner Ford, seconded by Commissioner Ammerman and vote carried to tentatively approve the Annual Budget of the City of Orlando. Mayor Hood announced the proposed FY 1997-98 millage rate for the Downtown Development Board is 1.0 mills [16.92% higher than the rolled back rate of 0.8553]. Mrs. Ares advised of reason for the tax rate. There was no public comment. Mrs. Chewning submitted "A Resolution of the City of Orlando, Florida, establishing for the Downtown Development Board the Ad Valorem Tax Levy upon the assessed real property roll of the year 1997." It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that Resolution tentatively be adopted. Mrs. Chewning presented "A Resolution of the City of Orlando, Florida adopting the Annual Budget for the Downtown Development Board of the Fiscal year beginning October 1, 1997 and ending September 30, 1998." Mrs. Ares directed attention to Budget Summary. There was no public comment. It was moved by Commissioner Wyman, seconded by Commissioner Ford and vote carried to tentatively approve same. Mayor Hood announced final hearings on the foregoing will be held September 22, 1997, 7 p.m., at Dover Shores Neighborhood Center, 1400 Gaston Foster Road.

ADJOURNMENT

15. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 6:20 p.m.

MAYOR-COMMISSIONER GLENDA E. HOOD

___________________________________

CITY CLERK GRACE A. CHEWNING

On Monday, September 8, 1997, at 1:03 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

W. Scott Gabrielson, City Attorney

Police Officer Roger New, Sergeant-at-Arms

Mayor Hood indicated deletion of Consent Agenda Items YY] for consideration by the Municipal Planning Board and ZZ] to be formulated into Policies and Procedures. She noted that Commissioner Bagley will file Conflict of Interest Form on Consent Agenda J] and that it is #19 in GG] rather than #11.

Mayor Hood advised that the Memorandum of Understanding in PP] relates to CNL locating its national corporate headquarters in Orlando.

As to OO], Commissioner Bagley commended Mr. Smetheram for his outstanding performance and dedication to the NTC Base Reuse project.

Commissioner Gordy stated he was encouraged by the type of program authorized in VV] and extended accolades to all involved in bringing same forward.

In reviewing General Appearances, Mayor Hood asked Finance Director G. M. Miller to respond on #1; Consent Agenda Item Z] is basis for #2; #3 is a deliberative process; and Henry Betts has filed an Appearance Request form concerning Raleigh Street realignment.

Mayor Hood adjourned the meeting at 1:06 p.m.

Grace A. Chewning

City Clerk