September 13, 1999
September 13, 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
1. It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the reading of the minutes be waived for the August 30th Staff and regular City Council meetings with minutes approved as written.
2. Mayor's Special Assistant Debra Braga recognized representatives from the Russian Leadership Program: The Honorable Valeriy Fedorovich Mamontov, Mayor of Kostomuksha, Republic of Karelia; Irina Viktorovna Chaynikova, Chief Specialist, Relations with Territories Department, State Service Committee Novgorod Region; and Rimma Ryafagastovna Nastrtdinova, Deputy Director, Department of Economics, Government of Askinskiy District.
3. Mayor Hood accompanied Historic Preservation Officer Jodi Rubin in presenting 2000 Historic Preservation Board "Orlando - Through the Years" Calendar Photographs Competition Awards to: Nancy Granger/$200, Julia Petrillo/$200.00, Reba Wilson/$200.00, Bob Welch/$200.00 (not attending - Paula S. Ritchie/$100.00, Susan K. Welch/$100.00, Gayle M. Jones/$100, Marianne Smokay/$100.00, and Gordy Schwamberger/$100.00).
4. Community and Youth Services Director Herbert L. Washington called forward Turkey lake Park Service Worker Peter Smith for recognition of his 26 years' service. Mayor Hood presented Mr. Smith with a Retirement Proclamation and gift from Council.
5. It was moved by Commissioner Lynum, seconded by Commissioner Wyman and vote carried that the Consent Agenda be approved as follows, with Commissioner Gordy voting "No" only as to X]:
A] August 31 minutes of meeting between Commissioners Bagley & Lynum, filed Documentary #32306;
B] Accepting with gratitude a Baby Grand Piano valued at $25,000 for the Harry P. Leu Gardens House donated by Dr. & Mrs. Sigmar Hoffmann;
C] 18A Permit Application from LYNX for Jazz Festival on Church Street on October 8-10 from 6 p.m. to 1 p.m.;
D] Contract with Under Pressure Company at $43,571.68 for Conserv II Primary Clarifiers Coating, authorizing execution by the Mayor and City Clerk following appropriate staff review, and authorize the Public Works Director to execute Change Orders up to 10% of the contract amount, filed Documentary #32307;
E] Confirming, subject to approval by the Orange County Commission, the appointment of Paul Halyard to the Orlando-Orange County Airport Zoning Board (filling the balance of Jeff Fuqua's term expiring 12/31/00) and reappointments of Frank Drane and Ross Alan Wolf to the Vehicle for Hire Appeal Board [TE 11-30-01];
F] August 26 minutes of Public Hearing held by Vehicle for Hire Administrator, filed Documentary #32308;
G] August 20 Public Art Advisory Board minutes, filed Documentary #32309;
H] August 25 & September 1 Consultants' Qualifications Board minutes, filed Documentary #32310;
I] August 9 Mennello Museum Board of Trustees minutes, filed Documentary #32311;
J] August 25 Harry P. Leu Gardens Board of Trustees minutes, filed Documentary #32312;
K] Accepting August 25 Civil Service Board minutes, filed Documentary #32313;
L] August 31 Budget Review Committee minutes with Resolution, filed Documentary #32314 & #31548;
M] August 19 and 30 Community Redevelopment Agency Advisory Board and Community Redevelopment Agency minutes, filed Documentary #32315;
N] August 19 Downtown Development Board minutes, filed Documentary #32316;
O] Accepting for filing, Septic Tank Covenant with OUC on property between the Greeneway and Narcoossee Road, filed Documentary #32317;
P] Accepting for filing, Micro-Loan Release and Satisfaction at $25,000 from Jerry G. and Aida R. Martin, d/b/a Lemon Chasers Auto Specialist and Midtown Realty, filed as Documentary #32318 (See Item 3/E, C/C 7-25-94);
Q] August 25 Orlando Certification Board minutes, filed Documentary #32319;
R] Authorizing initiation of Growth Management Plan Amendments to prohibit adult entertainment and other uses in the Parramore Heritage Renovation area;
S] 1999/2000 Budget for Water Conserv II Joint Facilities Contract Operations by Woodard & Curran for the Wastewater Bureau at $4,863,625 (City's estimated portion is $2,431,800), authorizing the Environmental Services Director to execute necessary documents following appropriate staff review;
T] Employment Agreements with: 1) Project Manager James Hunt at $61,921.60 annually commencing 10/1/99 thru 9/30/2000; 2) Civil Engineer II Silke Smith at $32,052.80 annually commencing 10/1/99 thru 9/30/2000; and 3) Construction Inspector II Michael Simmons at $12.65 per hour commencing 9/14/99 thru 9/13/2001, authorizing execution by the Mayor and City Clerk following appropriate staff review;
U] Change Order with Southland Construction at $376,565 for Narcoossee Road Project Reclaimed Waterline Extension Improvements authorizing execution by the Public Works Director following appropriate staff review(See Doc. #31071);
V] September 8 Nominating Board minutes, filed Documentary #32320;
W] Annual Review/Adjustment by the City Accounting Bureau, reviewed/approved by the Environmental Services Department of Wastewater Wholesale Rates and Industrial Surcharge Rates calculated at wholesale per thousand gallons, resulting in all rates remaining the same except Conserv II flows for Orange County, which is reduced from $2.27 to $2.13, effective October 1, 1999;
X] Adopting "An Initial Assessment Resolution of the City Council of the City of Orlando, Florida, authorizing and adopting a non-Ad valorem Assessment within the area of the City described herein for the purpose of funding the Capital cost and other project costs related to construction of a Streetscape, Chilled Water Compartment and Public Arts Display Project; paying other financing, collection and administrative costs related to such project and the non-Ad valorem Assessment; finding and determining that certain real property will be specially benefited by the project; making certain other findings in relation thereto; specifying the number of years said assessment is to be levied; establishing the method of assessing and collecting the Capital cost and other project costs of the Streetscape, Chilled Water Compartment and Public Arts Display Project against the real property specially benefited thereby; specifying the total estimated Capital cost of the project and the total amount to be levied against the specially benefited real property; specifying the unit of measurement for, and the estimated maximum annual amount of, said assessment to be levied against the specially benefited real property; allowing for the prepayment of the Special Assessment; providing for adjustments to the amount of the assessment; providing for the reallocation of the assessment in the event of the subdivision of any real property specially benefited by the project; directing the preparation of a tentative assessment roll based upon the methodology set forth herein; providing for the optional or mandatory prepayment of the assessment; establishing a public hearing to consider imposition of the proposed assessments and the method of their collection; authorizing and directing the publication and mailing of notices in connection therewith; providing for certain other authorizations and delegations of authority in relation thereto; providing for severability; and providing an effective date," authorizing execution by the Mayor and City Clerk following appropriate staff review filed Documentary #32321;
Y] Contract with A.P.E.C., Inc., at $88,203.25 for Neighborhood Traffic Management-Dover Estates, authorizing execution by the Mayor and City Clerk following appropriate staff review, authorizing the Public Works Director to approve Changer Orders up to 10% of the contract amount, filed Documentary #32322;
Z] Concurrency Management Semi-Annual Capacity Availability Report as approved by Municipal Planning Board on 8/17/99;
AA] Purchase of property at 2112 N. Orange Ave. from James Roberts and City Services Easement (estimated total expense - $91,030; $22,880 payable to Mr. Roberts), authorizing execution of instruments thereon by the Mayor and City Clerk following appropriate staff review, filed Documentary #32323;
BB] Agreement for Satellite Learning Center with the Orange County School Board, Lake Nona Land Company and Central Florida YMCA for space at North Lake Park Community School, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #30899-3;
CC] Change Order with Prime Construction at $41,689.86 for Hankins Park Phase I, authorizing execution by the Mayor and City Clerk following appropriate staff review (See Doc. 31900);
DD] Change Order with Universal Construction at $294,943 for Harry P. Leu Gardens Ravine Walk, authorizing execution by the Mayor and City Clerk following appropriate staff review;
EE] Awarding $135,000 in FY 98-99 SHIP Funds to McFall Redevelopment Corporation for acquisition/construction of two single family units, authorizing execution of the corresponding Agreement by the Mayor and City Clerk after appropriate staff review, filed Documentary #32324;
FF] Selection Committee's ranking for interviewing and negotiations on the Vision Plan for Orlando Park Development: 1) Kha Le-Huu & Partners, P. A.; 2) Herbert Halback, Inc., and 3) Glatting, Jackson, Kercher, Lopez, Rinehart, Inc., for subsequent submission to Council;
GG] Accepting for processing an Annexation Petition from Dolores Eatmon and William Meldrum on 2.6+ acres at SWC of Ivey Lane and Old Winter Garden Rd.;
HH] Termination of Road Agreement with Petula Associates, Ltd., as stipulated in Center of Commerce at Orlando DRI Shader Road Agreement, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #25088A (see #28052);
II] Annexation Agreement with ABC Liquors on properties at 4780 W. Colonial Dr., 2726 S. Orange Ave., 5040 Edgewater Dr., 2320 S. Semoran Blvd., 1855 E. Winter Park Rd., 3097 Curry Ford Rd., 9001 S. Orange Ave. and 8989 S. Orange Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32325;
JJ] Specific approval of items in Greater Orlando Aviation Authority minutes: July 21 - 4-D/Unbudgeted item of $764,222.71 to the Orange County Property Appraiser for 1993 ad valorem taxes related to the Hyatt Hotel at OIA; 4-G/Disposal of Surplus property; August 18 - C/A G/Disposal of Surplus Property and H/Change Order 250-02, 250-04 and 281-03;
KK] Contracts & Agreements: 1) Metro Sewer Services, Inc., Sun Coast Environmental International, Inc., Miller Pipeline Corporation at total estimated $350,000 for Storm Sewer Service Line & Manhole Rehabilitation, Cleaning and Line Video Recording; 2) extending Park Chemical Company 1-year Agreement at $53,640 for Ferric Chloride Solution; 3) extending Norrell Enterprises Corporation 1-year Agreement not exceeding $400,000 for Parking Services/Centroplex Facilities; 4) Ultra Vision/$10,000, Metro Sewer/$420,000, Griner's Pipeline/$100,000, Madsen-Barr/$95,000, Sun Coast/$20,000, for Sanitary Sewer Lining & Manhole Rehabilitation; 5) World Moving & Restoration, Inc., at $54,750, plus 10% contingency fee for extra work, to relocate building at 2112 N. Orange Avenue; 6) Comark at $254,200 for Panasonic Laptop PCs and Docking Stations for OPD; 7) Industrial Coatings, Inc., not exceeding $80,000 for Refuse Container Lining System; and 8) extending Host-Orlando Joint Venture Concession and Catering Services Agreement thru December 5, 1999 at an estimated $70,000, authorizing execution by the Purchasing Director;
LL] Extending Sidewalk Café boundaries along W. Church St., Orange Ave.-Church Street Market, 9-17/12-30-99;
MM] Developer's Agreement by Lincoln Property Company Southwest, Inc., on property south of E. South St. and Delaney Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #32326; and
NN] Placing 29 Millennium Banners (2' x 4-l/2 ') in the International Drive Resort Area for 10 months commencing 10-1-99.
6. As to Consent Agenda Item KK] #8 - Selection Committee's recommended ranking and negotiating for Arena, Bob Carr Performing Arts Centre, and Florida Citrus Bowl Concession and Catering Services with: 1) Ogden Entertainment, Goodings Hospitality Services & Malik Ali; 2) Orlando Foodservice Partners; and 3) Volume Services, All Net Enterprises & Saavy Services, Committee Chairman and Deputy Chief Administrative Officer Kevin J. Edmonds framed the issue, outlining RFP procedures and the Selection Committee's recommendation. Ryan Kelly, Sylvia Young, Jack Swope, Russell Doerk, Art Woodley, Barbara Young and Malik Ali appeared supporting Staff's recommendation. Lee, Wesley & Associates representative Arthur Lee offered argument supporting the proposal by Levy Associates. It was moved by Commissioner Lynum, seconded by Mayor Hood to reject Staff's recommendation and continue with the current service provider, Host-Orlando Joint Venture Concession and Catering Services. Discussion ensued. Upon call for the question, Mayor Hood and Commissioner Lynum voted "YEA"; Commissioners Ammerman, Wyman, Gordy, Bagely and Page voted "NO." Motion failed. It was moved by Commissioner Gordy, seconded by Commissioner Bagley and vote carried to approve Staff's recommendation, authorizing the Purchasing Director to negotiate an Annual Agreement accordingly, subject to satisfactory legal review, and authorizing extension of existing Agreement with Host-Orlando Joint Venture of Orlando for the period of September 30 through December 5, 1999, in the estimated amount of $70,000. Commissioner Lynum voted "NO."
7. City Clerk Grace A. Chewning submitted an Ordinance amending City Code Section 33.03, hours of service or sale or consumption. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #32327.
ORDINANCE/1st READING/GMP/PARK LAKE PRESBYTERIAN CHURCH
8. Mrs. Chewning presented an Ordinance amending the City of Orlando Growth Management Plan by amending Official Future Land Use Map 8 to Change the Future Land Use designation for property located @ 309 E. Colonial Drive & 725 Highland Ave. from Residential Low Intensity to Public, Recreational, Institutional, as requested by the property owner. No one appeared in opposition. It was moved by Commissioner Gordy, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.
ORDINANCE/1st READING/GMP/THORNTON PARK
9. Mrs. Chewning submitted an Ordinance amending the Growth Management Plan by amending Official Future Land Use Map 8 to change the Future Land Use designation for property located @ the northwest corner of E. Central Blvd & N. Summerlin Ave. from Office Low Intensity to Neighborhood Activity Center, as requested by the property owner. 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.
10. Mrs. Chewning submitted an Ordinance vacating, closing and abandoning portions of public rights-of-way of Delaney Ave. and Anderson Ct., a 10 wide alley adjacent to Delaney Ave. and a utility easement, on property between South St., Rosalind Ave. and East-West Expressway, as requested by the property owner. 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.
11. Mrs. Chewning presented an Ordinance changing Zoning Classifications from C District to AC-3 and C Districts (Area 1), from H District to I-P District (Area 2), and from H District to ASD-2 District (Area 3) on property located between the Central Florida Greeneway, Bee Line Expressway (a/k/a Sand Lake Rd.) and the Airport existing terminal North complex, Tradeport and Boggy Creek Rds., and Narcoossee Rd. and Lake Nona, as requested by the Greater Orlando Aviation Authority. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Gordy and vote carried that Ordinance be approved on first reading.
12. Brother George Adams appeared offering ideas regarding the Parramore area and community participation in its revitalization.
Mayor Hood declared a recess from 3:25 p.m. to 5:04 p.m. Commissioner Page was absent upon reconvening.
HEARINGS/CITY MILLAGE RATE & BUDGET
13. Mayor Hood announced this as the time for the first of two public hearings on adopting the tentative millage rate and tentative budget of the City of Orlando for Fiscal Year 1999-2000. Chief Administrative Officer Richard L. Levey made a presentation on proposed reorganization of the governmental structure, noting revised Fire Department staffing changes in Summary of Personnel Changes. Mayor Hood announced that the proposed FY 1999-00 millage rate for the City is 6.0666 mills and 4.13% higher than the rolled-back rate of 5.8260 mills. Management and Budget Director Rebecca A. Ares advised that the 2% increase is due to added costs in 1999 for inflation and the cost of offering services to a population that has grown 1% and a City boundary that has increased over 2 square miles through annexations. There was no public comment. Mrs. 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 1999." It was moved by Commissioner Gordy, seconded by Commissioner Ammerman and vote carried 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, 1999, and ending September 30, 2000." It was moved by Commissioner Bagley, seconded by Commissioner Wyman , that Resolution tentatively be adopted. Mrs. Ares announced the total City Budget is $522,409,049 (General Fund is $206,100,000). [Commissioner Page arrived.] Mr. George Jackson addressed alternatives to the proposed ad valorem tax rate. As to Ben White Raceway, Assistant CAO Kevin J. Edmonds reviewed previous actions leading to the recommendation to discontinue funding and services at Ben White Raceway. Chief Administrative Officer Richard L. Levey responded to various safety, maintenance and cost factors related to Commissioner Gordy's proposal to allow horsemen to remain at Ben White through the public review process and to the end of the training season. Speaking in support of funding for Ben White Raceway and various opportunities to market the facility were Margaret MacLennan, Carole Hawkins, John Simpson, Vicki Vargo, Greg Coon, Tom Levine, Robin Crusie, Judy Leonard, Christina White and Nancy White. Following further discussion, it was moved by Commissioner Bagley, seconded by Commissioner Gordy and carried unanimously to amend the Budget by an increase of $175,000 to be placed into an operating account for Ben White Raceway, it being understood that $87,500 in deposits must be received from the horsemen by the second Budget Hearing at 7 p.m., September 27, 1999. The main motion to tentatively adopt the Annual Budget Resolution carried unanimously, as amended. Mayor Hood noted that the final Budget hearings will be held at the Northwest Neighborhood Center, 3955 Country Club Drive.
HEARING/DDB MILLAGE RATE & BUDGET
14. Mayor Hood announced the proposed FY 1999-00 millage rate for the Downtown Development Board is 1.0 mills [1.94% higher than the rolled back rate of 0.9810]. Mrs. Ares related 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 1999." 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, 1999 and ending September 30, 2000." Mrs. Ares directed attention to Budget Summary. There was no public comment. It was moved by Commissioner Lynum, seconded by Commissioner Wyman and vote carried to tentatively approve same. Mayor Hood announced final hearings on the foregoing will be held September 27, 1999, 7 p.m., at Northwest Neighborhood Center, 3955 Country Club Drive.
15. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 7:25 p.m.
Mayor-Commissioner Glenda E. Hood
City Clerk Grace A. Chewning
On Monday, September 13, 1999, at 1:05 p.m., the Orlando City Council met in the Agenda Conference Room, City Hall, Orlando, Florida.
Mayor Hood referred to current weather reports and evacuations along the East Coast. Fire Chief Donald W. Harkins, Jr., provided an update, as of 11 a.m., on Hurricane Floyd, activation of the Citys Emergency Operations Center at Orlando Police HQs, Employee Emergency Information phone lines and announced an Emergency Support Function meeting scheduled for today at 4:15 p.m.
During review of the Council Agenda, Mayor Hood noted: deletion of A/P #1 and #3; FF] is part of Parks Initiative; kudos go to Chief Assistant City Attorney Jean Roush Burnett and Strategic Planning Manager Tanja Goff in bringing forward II]; #8 under KK] is being moved to New Business based on public interest and added a new #8 extending the current concession Agreement until December 5; and addition of NN] for Millennium Banners on International Drive, explained by Mayor's Chief of Staff Fred Kittinger.
Chief Administrative Officer Richard L. Levey responded to Commissioner Lynum's questions regarding Z] on pre-planning, operating tactics, and management theories utilized in providing services to proposed and newly annexed areas.
Commissioner Gordy conveyed his positive comments on P]. He indicated he intended to vote against X] stating that although he supports the incentive package concept, he questions the public benefit that allows private developers City money to develop private property. Finance Director G. Michael Miller commented on funding of special assessments from the City's Internal Banking Fund, defined benefited property and explained the payback process.
Commissioner Wyman indicated her pleasure with Contract under Y].
Based on Commissioner Page's query about GG], Chief Planner Rich Unger commented as to potential annexation of two additional parcels, proposed development and zoning changes.
Meeting concluded at 1:33 p.m.
Grace A. Chewning, City Clerk