City of Orlando

Council Minutes


On Monday, December 2, 1996, 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 Glenda E. Hood

Commissioner Don Ammerman, District 1

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

Robert L. Hamilton, City Attorney

Police Officer Isaiah White, Sergeant-at-Arms

MINUTES

1. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley, and vote carried that the reading of the minutes be waived for the November 18th Staff and Regular City Council meetings with minutes approved as written.

RECOGNITION

2. Mayor Hood announced the newly implemented Public Works Stormwater Utility "No Dumping-Drains To Lake" public awareness campaign.

OUTSTANDING EMPLOYEES OF THE YEAR

3. Accompanied by Mr. Dennis McNamara, contributor of funds for the Annual McNamara Outstanding Employees of the Year Award, Special Services Administrator William Van Reich reviewed the Program criteria and called forward the employees who received Honorable Mention: Planning and Development/John Bergner and Richard Unger; Environmental Services/Rufus Howard; Community & Youth Services/James Arlen Harrelson and Earl West; Orlando Police Department/Nevin Lantry and Frank Scalia; Human Resources/Peter Morales and Suzanne Vendena. Donald Palmer, Rob Spindler, Cecil Hawley and Michael Steiber, the winners who were nominated for this prestigious award and received the highest number of points from the Selection Committee, were acknowledged, respectively, by Police Chief William Kennedy, Planning and Development Director Richard Bernhardt, Harry P. Leu Gardens Executive Director Robert Bowden and Office of Management and Budget Director Rebecca Ares, who outlined some of the specific qualities resulting in this recognition. Mayor Hood presented each with a framed Certificate and $750 check (less deductions).

SUGGESTION AWARD WINNERS

4. After Mr. Van Reich reviewed the Employee Suggestion Program, Public Works Director David L. Metzker and Environmental Services Director Thomas L. Lothrop detailed suggestions, respectively, from Parking Analyst Ernestine Rinks to create signs in-house at the Parking Bureau (estimated annual $2,000 savings) and Mechanic Ernesto Hernandez to switch the check valve from the discharge side to the suction side of pumps 1703 & 1704 to prevent the loss of pumps' primer (estimated annual $2,563.02 savings). Mayor Hood presented them with Certificates of Award, Thinker Pins and checks representing their $200 and $250 awards.

CONSENT AGENDA

5. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that the Consent Agenda be approved as follows:

A] November 13 Firefighters Pension Board minutes, filed Documentary #29808;

B] October 31 McNamara Employee of the Year Committee minutes, filed Documentary #29809;

C] October 31 Employee Suggestion Program Committee minutes, filed Documentary #29810;

D] October 30 Orlando Utilities Commission minutes, filed Documentary #29811;

E] November 18 Light Rail Workshop minutes, filed Documentary #29812;

F] November 14 Transportation Permit Board minutes, filed Documentary #29813;

G] November 12 Long Term Disability Review Committee minutes, filed Documentary #29814;

H] November 14 Certification Appeal Board minutes and November 20 Certification Board minutes, filed Documentary #29815 and #29816;

I] November 13 NTC/CRA Advisory Board and November 18 NTC/CRA minutes, filed Documentary #29817 and #29818;

J] November 13 Orange County Civic Facilities Authority minutes, filed Documentary #29819;

K] Extending Regional Engineers, Planners & Surveyors, Inc., Land Surveying Services Agreement for Naval Training Center to 12-31-97, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #28129D;

L] Selection Committee negotiating with: 1) IMDC, Inc., 2) Associated Consulting Engineers, Inc., 3) Ralph Hahn and Associates, Inc., and 4) Matern Professional Engineering, for Mechanical Electrical, Plumbing and Fire Protection Engineering Services, and subsequent submission to Council;

M] Agreements with Camp Dresser & McKee, Inc., Environmental Research and Design, Inc., and Dyer, Riddle, Mills & Precourt, Inc., for continuing Stormwater/Environmental Engineering Services on an as-needed basis, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29820/22;

N] November 15 Consultant Qualification Board minutes, filed Documentary #29823;

O] November 19 Mayor's Senior Citizen Advisory Committee minutes, filed Documentary #29824;

P] Amendment #2 to Real Estate Research Consultants Contract extending Training Center Business Plan Contract to 12-31-97, authorizing execution by the Mayor and City Clerk following appropriate staff review (see #8 J], 5-1-95 minutes);

Q] November 14 Police Pension Board minutes, filed Documentary #29825;

R] November 19 Municipal Planning Board minutes, except Items 12, 21 & 26, filed Documentary #29826;

S] Sidewalk Agreement with Wayne J. Tosko for new single family residence at 616 Bourne Place, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29827;

T] Agreement with Pecht-Evans Engineering at $2,924 plus reimbursable not exceeding $300 for professional services related to main pool and water activity at Jackson Center pools, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #28872-3;

U] Selection Committee negotiating with: 1) Bellon Taylor Architects, 2) Perez & Perez/Martin, 3) Ray Johnson Associates, 4) Moody Nolan Ltd., and 5) CH-MS Architects for architectural services, and subsequent submission to Council;

V] Selection Committee negotiating with: 1) Gee & Jensen, 2) Boyle Engineering, and 3) GAI for structural engineering services, and subsequent submission to Council;

W] Staff bidding at 12-10-96 sale for Tax Deeds on vacant parcels at 809 W. Jefferson St. and 206 N. Lee Ave. not exceeding $6,500;

X] Purchasing Agreements: 1) With Ground Effects at $29,200 for Grounds Maintenance of Rosalind and East Lake Lucerne Streetscape areas; 2) Negotiating with Champs French Bakery, Inc., for a 1-year City Hall Cafeteria Concession Agreement; 3) Negotiating with Orlando Neighborhood Improvement Corp., for Reuse of Naval Housing at NTC McCoy, authorizing execution by the Purchasing Director following appropriate staff review;

Y] Contract award to Tampa Armature Works, Inc., at $247,957 for provision, installation inspection, operational training and testing of Iron Bridge Wastewater Treatment Plant Variable Frequency Drive Unit, authorizing execution by the Purchasing Director following appropriate staff review;

Z] November 19 Community & Youth Services Board minutes, filed Documentary #29828;

AA] November 26 Budget Review Committee minutes, with Resolution, filed Documentary #29829 and #29659;

BB] 10-year Interlocal Agreement with Winter Park for funding reconstruction at $300,000 (½ to replace air filters; ½ not exceeding $1,000 for maintenance) and use of the Winter Park Gun Range at 3110 Temple Trail, Winter Park, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29830;

CC] Delivery of a Quit-Claim Deed to EASACO, Inc., on Parcel 903 (acquired by Eminent Domain) at NEC of South Street and Orange Avenue for LYMMO project, copy filed Documentary #29831;

DD] 20-year Lease with State of Florida for new 350' Communication Towers at Iron Bridge Wastewater Treatment Plant, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29832;

EE] Street Right-of-Way Encroachment Agreement with Pulte Home Corporation for encroachment of trash compactor in Crestview Condominiums at NWC of S. Hiawassee Rd. and Yacht Basin Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29833;

FF] Deleted;

GG] October 9 and November 21 Special Assessment Committee minutes, filed Documentary #29834 and #29835;

HH] Service Authorization Project Cost Amendment for Professional Services and Ardaman & Associates, Inc., not exceeding $3,829.93 for groundwater sampling and testing at the NTC Annex Capehart Housing, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #28173-4;

II] Accepting with regret Irving Dominy's resignation from the Citizens Police Review Board and confirming Mayor Hood's appointment of Assistant to the Mayor Gloria D. Turner at $41,000 annually, effective November 25, 1996;

JJ] Extending Permits for 10 Horse Drawn Vehicles until 4-30-97; and

KK] November 21 Vehicle for Hire Administrator Public Hearing minutes, filed Documentary #29836.

COMMISSIONER FORD LEFT THE MEETING.

HBO PROJECT INCENTIVE

6. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried to approve a $50,000 contribution toward the production of "From the Earth to the Moon," based on economic impact to the community, authorizing the Mayor and City Clerk to execute the Contract following appropriate staff review and subsequent submission to Council.

HEARING/RESOLUTION/UNIFORM METHOD FOR COLLECTION/I-4 & CONROY ROAD

7. City Clerk Grace A. Chewning announced this as time set to consider the adoption of "A Resolution of the City Council of the City of Orlando, Florida expressing its intent to use the Uniform Method for Collection of Non-Ad Valorem Special Assessments; stating the need for the levy of such Non-Ad Valorem Special Assessment; providing a legal description of the boundaries of the real property subject to the levy; and providing for the mailing of this Resolution by the Statutory deadline." No one appeared regarding same. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that the Resolution be adopted, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29837.

HEARING/CENTER OF COMMERCE DRI/AMENDMENT #3

8. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried to continue to January 13, 1997, the public hearing on application from Petula Associates, LTD, for Notice of Proposed Change to a previously approved Development of Regional Impact pursuant to FS Section 380.06, at The Center of Commerce at Orlando DRI between Seaboard Road, Coast Line Drive and South Lake Orlando Parkway.

HEARING/ORDINANCE/1ST READING/REZONING

9. Mrs. Chewning presented an Ordinance changing the zoning classification from O-2 to I-P at NWC of Bennett Road and the Cady Way Bike Trail, as requested by the City. 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/REZONING

10. Mrs. Chewning submitted an Ordinance changing the zoning classification from R-2At to R-1At south of McCamy Street and west of Reppard 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/ABANDONMENT

11. Mrs. Chewning presented an Ordinance abandoning an unimproved right-of-way of west Gore Street, located south of Orange Center Boulevard, east of Goldwyn Avenue, north of Piedmont Street and west of west Dale Avenue, as requested by the City of Orlando. 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/ABANDONMENT

12. Mrs. Chewning submitted an Ordinance abandoning rights-of-way on portions of Lively Street, Daisy Street and Manlie Street, located west of Turkey Lake Road, north of the existing Wallace Road, and south of the proposed realignment of Wallace Road, as requested by the property owner. 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/CHAPTER 5

13. Mrs. Chewning presented an Ordinance amending City Code Section 5.19 to provide for issuance of citations for excessive false alarms and for installation of alarm systems without a permit. Troy Deal, representing Counterforce and Central Florida Alarm, appeared offering comments as to permitting requirements. It was moved by Commissioner Ammerman, seconded by Commissioner Page and vote carried that Ordinance be approved on first reading.

HEARING/ORDINANCE/1ST READING/CHAPTER 41

14. Mrs. Chewning submitted an Ordinance adopting a new City Code Chapter 41 to be entitled "False Alarms," regulating the number of false alarms permitted at an alarm site, establishing service fees for excessive false alarms, providing exceptions for circumstances beyond property owner's control, and providing for issuance of citations. 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/PD ZONING/VENTURA RESERVE

15. Mrs. Chewning presented an Ordinance amending the requirements of the Planned Development of Ventura Reserve, located north of Country Woods Boulevard and east of Woodgate Boulevard in the Ventura PD located south of Curry Ford Road, east of Semoran Boulevard and west of Goldenrod 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/PD ZONING/VENTURA COVE

16. Mrs. Chewning submitted an Ordinance amending the requirements of the Planned Development of Ventura Cove, located south of Country Woods Boulevard and east of Woodgate Boulevard in the Ventura PD located south of Curry Ford Road, east of Semoran Boulevard and west of Goldenrod Road, 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/ABANDONMENT

17. Mrs. Chewning presented an Ordinance abandoning a right-of-way and easements within a portion of Wallace Road east of Spring Song Drive to a point approximately 380' west of Turkey Lake Road, as requested by the property owner. 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/ABANDONMENT

18. Mrs. Chewning submitted an Ordinance abandoning a portion of utility easement on property located east of Mercy Drive within the Parkview Subdivision, 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/CHAPTER 30

19. Mrs. Chewning submitted an Ordinance amending City Code Sections 30.12 and 30.17 to change the standard rates for sewer services by reducing the capacity charge and the flat rate per unit for applicable classifications and to modify the water pollution control charge to provide for a City rate and an unincorporated area rate and to provide for the inclusion of these rates in the calculation of the water pollution control charge. No one appeared in opposition. Commissioner Bagley noted that proposed reductions off-set the recent stormwater fee increase. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.

HEARING/ORDINANCE/1ST READING/CHAPTER 56

20. Mrs. Chewning submitted an Ordinance amending City Code Sections 56.04 (definitions), 56.06 (determination of Road Impact Fees), 56.07 (Road Impact Fee Rate Schedule), 56.08 (Independent Impact Fee Calculation), 56.15 (Exemptions), 56.16 (Establishment of Transportation Benefit Areas). No one appeared in opposition. Commissioner Bagley noted that the proposed fee rate schedule represents $500,000 net revenue to the City. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.

HEARING/ORDINANCE/2ND READING/GMP

21. Mrs. Chewning presented an Ordinance amending the Growth Management Plan by repealing CI-13 and replacing it with a new Figure CI-13. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Page and vote carried that the Ordinance be adopted, filed Documentary #29838.

HEARING/ORDINANCE/2ND READING/BRITTANY OF ROSEMONT DEVELOPMENT

22. Mrs. Chewning submitted an Ordinance amending the Growth Management Plan by amending Official Future Land Use Map 1 to change the Future Land Use designation for property in the Brittany of Rosemont Development on the west side of North Orange blossom Trial, North of Rosamond Drive from residential medium intensity to Community Activity Center. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the Ordinance be adopted, filed Documentary #29839.

HEARING/ORDINANCE/2ND READING/CHAPTER 45

23. Mrs. Chewning presented an Ordinance repealing the current Code Section 45.02 and adopting a new Section 45.02, pertaining to prohibitions on Solicitor's Permits-Commercial. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Page and vote carried that the Ordinance be adopted, filed Documentary #29840.

HEARING/ORDINANCE/2ND READING/CHAPTER 51

24. Mrs. Chewning presented an Ordinance adopting a new Code Section 51.06-1 (Registration of Solicitors and Requests of City Funds) pertaining to prohibitions. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Ammerman and vote carried that the Ordinance be adopted, filed Documentary #29841.

HEARING/ORDINANCE/2ND READING/ZONING/ELLWOOD AVENUE

25. Mrs. Chewning submitted an Ordinance changing the Zoning district from R-1AAt and R-2At to PDt, Planned Development Traditional Overlay District, at the NEC of Atkins Place and Ellwood Avenue, at 827 and 837 Ellwood Avenue, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the Ordinance be adopted, filed Documentary #29842.

HEARING/ORDINANCE/2ND READING/ZONING/KIRKMAN ROAD

26. Mrs. Chewning presented an Ordinance changing the Zoning Classification from R-3B to AC-1 (Exhibit "A"), AC-1 and O-2 to C (Exhibit "B"), R-3B to C (Exhibit "C") districts on property on the east side of Kirkman Road, north of L. B. McLeod Road, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the Ordinance be adopted, filed Documentary #29843.

QUASI-JUDICIAL HEARINGS/RECOMMENDED ORDER

27. Planning and Development Director Richard Bernhardt recounted the Hearing Officer's Recommended Order in the matter of Mark Heatherington (NWC N. Orange Blossom Trail and Woodruff Street) Case No. 96-010 (MPB Case 96-065) to reaffirm the Municipal Planning Board's recommendation to deny Mr. Heatherington's appeal of the small scale master plan.

It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried to adopt the Hearing Officer's Recommended Order.

GENERAL APPEARANCE

28. Rev. Floyd Irwin appeared.

ADJOURNMENT

29. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 3:13 p.m.

MAYOR-COMMISSIONER GLENDA E. HOOD

CITY CLERK GRACE A. CHEWNING

On Monday, December 2, 1996, 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 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

Robert L. Hamilton, City Attorney

Police Officer Isaiah White, Sergeant-at-Arms

Mayor Hood recognized Public Works Director David L. Metzker who called on Stormwater Bureau Chief William G. Chamberlin to detail the "No Dumping - Drains To Lake" public awareness campaign about materials going into storm drains.

Mr. Metzker responded to Commissioner Ford's question about Consent Agenda L] and V] advising that work will be awarded on a rotating basis. At Commissioner Ford's request, it was agreed that FF] be deferred to December 16 so he may confer with Fire Chief Donald W. Harkins, Jr., on the promotional process and additional criteria related thereto.

Mayor Hood noted: economic benefits associated with New Business Item 1; justification for Hearings 1st reading #5, #6; and the opportunity to reduce impact fees under #11 and #12.

As to Quasi-Judicial Hearing #1, Council concurred in following the established procedure.

Mayor Hood adjourned the meeting at 1:23 p.m.

Grace A. Chewning

City Clerk