On Monday, September 29, 1997, at 7 p.m., the City Council met in regular session in the City Hall Council Chambers, 400 S. 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 Ammerman, seconded by Commissioner Bagley and vote carried that the reading of the minutes be waived for the September 22^nd Staff and regular City Council meetings with minutes approved as written.

PRESENTATION/RETIREMENT

2. Mayor Hood called forward Chief of Staff Randall L. James for appropriate recognition in connection with his retirement from the City after 23 years' service, presenting him with a Proclamation and service pin. She then read a proposed Resolution designating him with the honorarium of "Chief of Staff Emeritus." It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried to adopt the Resolution.

CONSENT AGENDA

3. It was moved by Commissioner Page, seconded by Commissioner Wyman and vote carried that the Consent Agenda be approved as follows (Commissioner Bagley filed Conflict of Interest Form on Item Q], Documentary #30607. Commissioner Ammerman voted "NO" only as to NN]):

A] Master Option and License Agreement between Orlando Utilities and SprintCom and a Non-Exclusive License Agreement with American Portable Telecom for space on radio tower and water tank, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30608 & #30609;

B] September 16 Community and Youth Services Board minutes, filed Documentary #30610;

C] Release of Developer's Agreement in favor of 5750 Associates Limited Partnership at 5750 Major Boulevard, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #8032;

D] September 10 NTC/CRA Advisory Board minutes, filed Documentary #30611;

E] Acceptance for filing Recorded (OR Bk 5322 Pg 4700) Sidewalk and Public Utilities Easement from Gerald and Ruth Ann Balz, Living Trust, for constructing a handicap ramp and future traffic signals at SEC of Summerlin Ave. and Washington St., filed Documentary #30612;

F] Developer's Agreement with Martin R. and Holly E. Keller for Country Club Villas Phase II at 1600 N. Orange Blossom Tr., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #30613;

G] August 26 Affordable Housing Advisory Committee minutes, filed Documentary #30614;

H] September 3 Citizens Police Review Board minutes, filed Documentary #30615;

I] Termination of Lease with Ann Brown Harris for space in Library Parking Garage Unit 4 at 116 E. Central Blvd., effective 9-30-97;

J] 3-year Casual Use Lease with Vasant Patel for space in Library Parking Garage Unit 4 at 116 E. Central Blvd., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30616;

K] September 16 Municipal Planning Board minutes except Items 15 and 16, filed Documentary #30617;

L] Renewal of Employment Agreements and annual merit increases (based on 1997 General Salary Schedule effective October 5, 1997) for Project/Construction Management Bureau Inspector II: James Bell/$17.90 per hour; Michael Dennis/$18.16 per hour; Richard Jackson/$17.98; Roy Schlegel/$18.33; Calvin Sterling/$17.90 and Assistant Construction Manager James Salter/$19.42 per hour, authorizing execution by the Mayor and City Clerk following satisfactory staff review;

M] Conservation Easement to Florida Department of Environmental Protection to retain and maintain natural vegetative and hydrologic conditions in the Turkey lake Road-Peregrine Avenue area as identified under Permit #48-140408-4, authorizing execution by the Mayor and City Clerk following appropriate staff review, copy filed Documentary #30618;

N] Agreement with Camp, Dresser, & McKee at $426,181 for IB Pollution Control Facility Master Pump Station Rehabilitation and Screens Structure, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #30619-1;

O] Contract award to Martin K. Eby Construction, Inc., at $5,758,141 for Conserv I/South of OIA Sewer Improvements, authorizing execution by the Mayor and City Clerk following appropriate staff review authorizing Public Works Director to execute change orders up to 10% of the contract amount, filed Documentary #30620;

P] Specific Authorization with Gee & Jenson not exceeding $2,100 for designing a sidewalk on the west side of Lake Lawsona, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29967-1 (see expired #27023A1);

Q] September 18 Vehicles for Hire Administrator Hearing minutes, filed Documentary #30621;

R] 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 paying the cost of the Ivanhoe Boulevard/Poinsettia Avenue Rebricking Project; paying other project, financing and collection costs related to the Rebricking Project and the Non-Ad Valorem Asessment; making certain findings and determinations of special benefit and the logical relationship between the Rebricking Project and the benefit received; specifying the total estimated Capital cost of the Rebricking Project and the total amount to be levied against each subject parcel; specifying the Unit of Measurement for, and the estimated maximum annual amount of said assessment to be levied against each parcel within the described area; specifying the number of units contained within each parcel; specifying the number of years said assessment is to be levied; allowing for the prepayment of the special assessment; providing for annual adjustments to the amount of the assessment; providing for certain other authorizations and delegations of authority in relation thereto; and providing an effective date," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30622;

S] 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 increased from $1.97 to $2.05;

T] Micro Loan at $50,000 to Accents Elite, Inc., (Borrower) at 4605 McLeod Road, Suite H, James Lutrell and Janice Medlock (Guarantors), to be repaid over 7-years at 8% interest, with 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 #30623;

U] Sidewalk Agreements (based on provisions in City Code Section 61.263, deferring installation at the property owners' cost until such time as the City deems same necessary in the public interest) with: 1) Carroll Fulmer Group, Inc., at 5395 L. B. McLeod Rd.; 2) Raleigh and Linda Seay on Monterey Avenue; 3) River Oaks Development at 1101 Latta Lane, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30624-30626;

V] Five-year Parking Lease with Orange County for 500 spaces at $30 each per month (pursuant to 1994 Interlocal Agreement) in Centroplex Garage I/400 W. Amelia St. and Garage II/355 Alexander Pl., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #27315B-2;

W] Selection Team ranking and negotiating with: 1) Bellon & Taylor; 2) C. T. Hsu; 3) M/N Ltd.; and 4) Marcet Ribar Ikegami on Dover Shores Community Center Expansion Architectural Services, for subsequent submission to Council for filing and documentary number;

X] Contract with Masci Construction, Inc., at $297,761 for Dubsdread Drainage Improvements, authorizing execution by the Mayor and City Clerk following appropriate staff review and authorizing Public Works Director to execute Change Orders up to 10% of the contract amount, filed Documentary #30627;

Y] Short Form Plat from Debra, Inc., to Replat Lot 16 (Metro West Unit 4, Lot 16 Replat) into two lots for development, authorizing execution by the Mayor and City Clerk following appropriate staff review;

Z] Employment Contracts for Central Permitting Office Construction Inspector II: Marc Goodman and Julio Ortiz at $12.28 per hour; and Downtown CRA Hydraulic Cleaning Specialist Brian Scoggins, Jr./$7.62 per hour, 10-1-97/9-30-99, authorizing execution by the Mayor and City Clerk following appropriate staff review;

AA] Extending Employment Agreement with Civil Engineer I Silke Boast at $29,681, 10-1-97/9-30-98, authorizing execution by the Mayor and City Clerk following appropriate staff review;

BB] Amendment to Florida Power Agreement for Iron Bridge Wastewater Treatment Plant Electric Service and Energy, reducing equipment/rental charge from $316.37 to $152.24 per month, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #16916-1;

CC] 1997/98 Annual Budget for Water Conserv II Joint Facilities Contract Operations with Woodard & Curran for Wastewater Bureau at $3,329,625 (City/Orange County's estimated portion: $l.7 million each), authorizing execution by the Environmental Services Director following appropriate staff review;

DD] Employment Agreement with Planner II Holly Price at $29,681.60 annually, 10-5-97/9-30-98, authorizing execution by the Mayor and City Clerk following appropriate staff review;

EE] Orlando Utilities Commission Easement Agreement with Cresthill, Inc., for a tee box on OUC's Southwest Water Plant Site north of Wallace Road and west of Turkey Lake Road, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30628;

FF] Conserv I Effluent Disposal Expansion Study Phase II Contract with Hartman and Associates at $24,070, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29864-3;

GG] Annexation, Planning and Development Agreement between the City, Orlando Utilities Commission and John Brunetti on 542.6+ acres south of the Beeline and east of Narcoossee Road, part of the Southeast Development Area, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30629;

HH] Amending FISH ORLANDO Program Agreement with Florida Game and Fresh Water Fish Commission to add Lakes Beauty, Cherokee, Clear, Estelle, Turkey and Underhill to the Fish Management Area, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #25260-1;

II] Street Right-of-Way Encroachment Agreement with Mark Wade for a fence at 1401 Silverstone Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30630;

JJ] Engagement Contract with The Commodores for IACP Conference Annual Banquet Entertainment at $35,000 plus food and lodging expenses (donated by Ericsson Corporation), authorizing execution by the Mayor and City Clerk following appropriate staff review;

KK] September 23 Budget Review Committee minutes with Resolution, filed Documentary #30631 and #30602;

LL] Annexation, Planning and Development Agreement between the City, Orlando Utilities Commission and Capital Gaines Group, Ltd., on 19.5+ acres at the SEC of Narcoossee Road and S. R. 528, part of the Southeast Development Area, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30632;

MM] Agreements and Contracts with: 1) Wesco Distribution not exceeding $88,882 for Lighting Equipment (T/8 Lighting Retrofit); 2) Standard Precast, Inc./$5,585, Ferguson Underground/$2,774, Advanced Drainage Systems/$73,005.75, Flordia Concrete Pipe/$2,892.25, TaylorPrecast/$31,350, and Hughes Supply/$5,564 for Dubsdread Drainage Improvements pipes and structures; 3) IBM at $162,016 to Lease Purchase 42 OPD Disk Drives for AS/400 computer; 4) extending Agreements with Shore Acres Nursery, Inc., Dutch Mill Nursery, Inc., and Bloom Masters for plants not exceeding $95,432; 5) extending Agreement with Cherry Lake Tree Farms, Concepts in Greenery, Inc., Marian Gardens Tree Farm and McMullen Wholesale Nursery for Trees not exceeding $111,000; 6) Selection Team's ranking/negotiations with Orrick, Herrington & Sutcliffe LLP and Foley & Lardner for services as Arbitrage Rebate Compliance Service Provider, authorizing execution by the Purchasing Director;

NN] The Civic Theatres' request for a 11'x 16' banner with fixed lighting to hang on the north side of its main building facing Mills Ave. in Orlando Loch Haven Park until 6-30-99;

OO] Right-of-Way Agreement with Carter Trust for improvements (widening, utilities and drainage) along the western side of Narcoossee Road, north of the Greeneway, part of the Southeast Development Plan, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30633;

PP] City Services Easement from Busch Properties and Addendum to Permanent Easement on western side of Narcoossee Road, between the Bee Line Expressway and the Greeneway, part of the Southeast Development Plan, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30634-35;

QQ] Special Warranty Deed, Temporary Construction Easement and City Services Easement with Gary T. Randall, as Trustee, eastern side of Narcoossee Road, north of Moss Park Road, part of the Southeast Development Plan, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30636 A, B & C;

RR] Special Warranty Deed, Temporary Construction Easement and City Services Easement with Private Trust Corporation along eastern side of Narcoossee Road, between Bee Line Expressway and the Greeneway, part of the Southeast Development Plan, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30637 A, B & C;

SS] Collective Bargaining Agreement with Laborers' International Union of North America, Local 678, AFL-CIO, effective 10-1-97 until 9-30-2000, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #27944 ('97);

TT] Memorandum of Understanding with Naval Training Center and Orlando Police Department for services on NTC property, authorizing execution by the Police Chief of his designee following appropriate staff review;

UU] September 22 City Council Luncheon minutes, filed Documentary #30638;

VV] Confirming appointments to: Orlando-Orange County Airport Zoning Board (TE 12/31/99) - Victor McLane Thompson as Chairman; Central Florida Emergency Services Institute Board of Trustees - Orlando District Chief Stephen P. "Skip" Kerkhof (TE/9/30/99);

WW] School Facility Use Agreement with The School Board of Orange County, Florida, to utilize the track, basketball courts, open filed areas and parking at Howard Middle School for Community and Youth Services Department recreation activities after school, weekends and holidays, for an initial period of 5 years with automatic renewals for up to 5 additional 1-year terms, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30639;

XX] Variance from City Code Section 42.06(2) permitting Open Homes Fellowship, Inc., to use outdoor loudspeaker at 720 N. Orange Ave. until midnight on October 4 subject to filing permit application specifying that the activity will not interfere with any governmental function or with any events previously permitted pursuant to City Code Chapter 18A or those scheduled through the Community & Youth Services Dept., is not a fixed location within 1,000' of an activity previously permitted under this Section for the same date and time, and is not an activity and/or location which has previously received noise complaints for similar type event;

YY] September 25 City Operations Committee minutes, filed Documentary #30640;

ZZ] Agreement Regarding Narcoossee Road Improvements, Stormwater Improvements and Wastewater Lift Station with Lake Nona Land and Estates on westerly side of Narcoossee Road, between the Bee Line Expressway and the Greeneway as a part of the Southeast Development Plan, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30641;

AAA] September 8 Code Enforcement Board minutes, filed Documentary #30642;

BBB] Request by College Park Merchants & Professional Association changing date of Charity Bazaar and Festival event from 10/4 to 11/8;

CCC] 5 year SubLease between the Downtown Development Board and the City on certain improvements from Metcalf Limited Partnership on the 7th Floor of 100 S. Orange Ave., for the Naval Training Center Reuse Office at $21,968.05 annually, authorizing execution by the Mayor and City Clerk following appropriate staff review;

DDD] Church Street Station's request to close Church Street for: Halloween, 10/31 at 5:30 p.m. and New Year's Eve and the Boola Bowl, 12/31-1/2/98, from 5:30 p.m. to 5: a.m.;

EEE] Agreement for Sale and Purchase, Easement Agreement, Temporary Construction and Stockpile Easements with Carter Trust (12.67 acres) and Private Trust Corporation (4.58 acres) for Southeast Orlando Development Plan Area Stormwater Ponds, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30643;

FFF] Fourth Amendment to 1982 Intergovernmental Agreement with Apopka, Ocoee, Winter Garden, Orlando and Greater Orlando Aviation Authority regarding disposition of lands previously acquired for general aviation reliever airport in West Orange County, extending the Aviation Authority's time to use the net proceeds for purchasing a site for the reliever airport until 9/30/98, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #17301D ('82) (see 9/27/82, #23; 10/17/94, #4E); and

GGG] Salary increase at 3% pursuant to Employment Agreement provisions for Special Assistant to the Mayor Anna Garrigo O'Loane, retroactive to 6-21-97.

HEARING/ORDINANCE/1^st READING/SCRIVENER'S ERROR

4. City Clerk Grace A. Chewing presented an Ordinance to correct a Scrivener's Error in the legal description of the Ordinance vacating, closing and abandoning as a right-of-way property within the boundaries of Orlando Executive Airport, south of Colonial Drive, north of the East-West Expressway, east of Maguire Boulevard, adopted by City Council on September 9, 1991, Documentary #25063. 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/1^st READING/GMP AMENDMENT/GLEN EAGLES WAY

5. Mrs. Chewning submitted an Ordinance amending the City of Orlando Growth Management Plan by amending Official Future Land Use Map 2 to change the Future Land Use Designation for property west of North Orange Blossom Trail on the north and south sides of Glen Eagles Way, from Industrial to Residential Low Intensity, as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Gordy, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/ANNEXING SEC REPUBLIC DR. & SAND LAKE RD.

6. Mrs. Chewning presented an Ordinance annexing property at the SEC of Republic Drive and Sand Lake Road, as petitioned by the property owner. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Wyman and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/ZONING SEC REPUBLIC DR. & SAND LAKE RD.

7. Mrs. Chewning submitted an Ordinance establishing AC-3/SP zoning at SEC of Republic Drive and Sand Lake Road. 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.

ORDINANCE/1^st READING/ANNEXING HIAWASSEE RD.

8. Mrs. Chewning presented an Ordinance annexing 2601, 2605 and 2615 S. Hiawassee Road. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Page and vote carried that Ordinance be approved on first reading.

ORDINANCE/2^ND READING/ROLL-OFF FRANCHISE

10. Mrs. Chewning presented an Ordinance granting County Environmental Services, 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 Wyman and vote carried that Ordinance be adopted, filed Documentary #30644.

ADJOURNMENT

11. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 2:20 p.m.

MAYOR-COMMISSIONER GLENDA E. HOOD

___________________________________

CITY CLERK GRACE A. CHEWNING

On Monday, September 29, 1997, at 1:05 p.m., the Orlando City Council met in the Agenda Conference Room, City Hall, Orlando, Florida.

Present: Mayor Glenda E. Hood

Commissioner Don Ammerman, District 1

Commissioner Betty T. Wyman, District 2

Commissioner C. Bruce Gordy, District 3

Commissioner Bill Bagley, District 4

Commissioner Nap Ford, District 5

Commissioner Ernest Page, District 6

Grace A. Chewning, City Clerk

W. Scott Gabrielson, City Attorney

Police Officer Roger New, Sergeant-at-Arms

Mayor Hood announced that the NTC Deed transfer will occur on Thursday, October 9^th , and the first of 20 scheduled 1-cent sales tax informational meetings is scheduled for 7 p.m. tonight at Edgewater High School.

Mayor Hood noted that Commissioner Bagley will file Conflict of Interest Form on Consent Agenda Q]; Employment Contract for Brian Scoggins is added to Z]; variance request under XX] should be until midnight; and Ordinance/1st Reading #4 is deleted (same as #2 under Hearings/Ordinances/1st Reading).

Commissioner Ammerman stated he intends to vote "No" on NN] based on the private sector being disenfranchised from using similar media to announce new services, grand openings, etc., and expressed his concerns thereon.

Responding to Commissioner Page's question on YY], Planning and Development Director Richard C. Bernhardt noted changes to Sections 904.1:4B, 904.3:4A and 906.4:4A from "The City will not require…" to "The City may not require…"

At Mayor Hood's request regarding X] and #2 in MM], Public Works Director David L. Metzker outlined the Dubsdread Drainage Improvements project, bidding process, review of bids and basis for withdrawing same, past practices, and means of accomplishing the project. Commissioner Gordy urged that the project be accomplished at or below budget.

Commissioner Gordy expressed his commendation on positive recreational aspects of the program in HH].

Mayor's Chief of Staff Randall L. James requested the addition of Item GGG] to the Consent Agenda providing a 3% salary increase retroactive to June 21 for Mayor's Special Assistant Anna Garrigo O'Loane as provided in her Employment Agreement.

Mayor Hood called forward Budget Officer Rebecca Ares to receive a plaque from The Crisis Nursery to the City in appreciation for "helping make the dream come true."

Mayor Hood adjourned the meeting at 1:19 p.m.

Grace A. Chewning

City Clerk