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City of Orlando

Council Minutes

District 4

Bill Bagley

District 5

Daisy Lynum

District 1

Don Ammerman

Mayor

Glenda E. Hood

District 2

Betty T. Wyman

District 6

Ernest Page

District 3

C. Bruce Gordy


On Monday, October 5, 1998, at 2:00 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 quorum.

Present: Mayor-Commissioner 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 Daisy W. Lynum, District 5

Commissioner Ernest Page, District 6

Grace A. Chewning, City Clerk

Fay W. Craig, Deputy City Clerk

  1. Scott Gabrielson, City Attorney

Police Officer Danny Vereen, Sergeant-at-Arms

MINUTES

1. It was moved by Commissioner Bagley, seconded by Commissioner Wyman and vote carried that the reading of the minutes be waived for the September 28th Staff and regular City Council meetings with minutes approved as written.

PROCLAMATION

2. Mayor Hood called forward Gerald Hilbrich, accompanied by Karen Plunkett and Orlando Shakespeare Festival, Orlando Museum of Art and Southern Ballet Theatre members, to receive her Proclamation declaring October as "National Arts and Humanities Month."

PROCLAMATION

3. Fire Chief Donald Harkins accompanied Public Education Officers Maryalicia Johnson and Vicki Robles to receive Mayor Hood's Proclamation declaring October 5th - 11th as "Fire Prevention Week."

CONSENT AGENDA

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

A] September 22 Orlando Loch Haven Park Board minutes, filed Documentary #31560;

B] September 23 Harry P. Leu Gardens Board of Trustees minutes, filed Documentary #31561;

C] September 23 Mayor's Senior Citizens Advisory Committee minutes, filed Documentary #31562;

D] Accepting August 13 Orange County Library System Board of Trustees minutes, filed Documentary #31563;

E] September 16 minutes of Joint Workshop/DDB, CRA & Development Review Committee, filed Documentary #31564;

F] Accepting September 23 Civil Service Board minutes, filed Documentary #31565;

G] Micro Loans for: Delsada Edwards McLaren (d/b/a Royal Cash Express) not exceeding $30,000 to be repaid over a 5-year period at 8% interest with a 3-month deferral of principal an interest; and Robinson & Associates not exceeding $30,000 to be repaid over a 7-year period at 8% interest with a 3-month deferral of principal an interest, filed Documentary #31566/31567;

H] Parking Garage Construction-Proceeds Escrow Agreement with CNL Plaza, Ltd., at $8,670,740 for development of parking garage at SWC of Garland Ave. and South St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #30565-3;

I] 1-year Employment Agreements with: Applications Developer III Michael S. Churchman at $33,467.20 annually, 10-26-98 thru 10-30-99; Applications Developer I Carmen Iannelli at $26,619.20 annually, 10-4-98 thru 10-2-99, authorizing execution by the Mayor and City Clerk following appropriate staff review;

J] Chapter 18A Permit for Disney's "Celebration in the Park" in Lake Eola Park, October 17 & 18, noon-7:30 p.m.;

K] Vote Processing Equipment Use Agreement and Election Contract with Orange County Supervisor of Elections for the December 1st Mail Referendum on Hidden Beach Annexation, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #31568;

L] Amendment #7 at $332,349 with HNTB for construction testing services on proposed I-4 and Conroy Road interchange, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #26411-5 (See Doc. #31405);

M] Change Order at $27,000 with Universal Construction Services, Inc., for Iron Bridge Plant 3P-Model Buildings, authorizing the Public Works Director to execute this and additional change orders up 10% of the contract amount following appropriate staff review, filed as Documentary #30230;

N] Annexation Petition from Lake Nona Land Company, Inc., for 1,001+ acres west of Narcoossee Road, north and south of the Central Florida Greeneway;

O] Reclaimed Water Agreements with: 1) Grand Reserve at Kirkman Parke, Ltd, on 21.48 acres at 3315 S. Kirkman Rd.; 2) RTO Joint Venture and RTO Orlando Franchise, L.P. on 1.3 acres (Lot 7) of Kirkman Corners (SEC of Kirkman & L. B. McLeod Rds.; 3) Cypress Restaurant, Inc., on 1.4 acres (Lot 8) of Kirkman Corners (SEC of Kirkman & L. B. McLeod Rds.), authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #17700-117/119;

P] Service Authorization for Professional Services not exceeding $1,795.25 with Universal Engineering for soil and ground water testing at 626 W. Robinson St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #28174;

Q] Amendment #3to Memo of Understanding with Florida Department of Environmental Protection for North Downtown Clean-up Project, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #28808-4;

R] Sale and Purchase Agreement with Southland Corporation for property at SWC of Robinson St. and Primrose Ave. at the appraised value of $900, approving attorney's fees not exceeding $3,000, authorizing the Mayor and City Clerk to execute documents related thereto following appropriate staff review;

S] Authorizing the City Attorney to execute engagement letters for attorneys and expert witnesses, with concurrence of the Chief Administrative Officer, when cost of services does not exceed $25,000;

T] Agreement with Seminole County Sheriff's Office for the use of vehicles by Orlando Police Officers assigned to the Central Florida-high Intensity Drug Tracking Area (HIDTA) Task Force, authorizing execution by the Police Chief following appropriate staff review;

U] Quasi-Judicial Settlement Agreement in Board of Zoning Adjustment Case #988-050 whereby property owners at 1215 Spring Lake Dr. will modify construction plans by converting the garage space closest to the street to living (exercise) area and a garage door to a window, adding a window on eastern wall of exercise area and reducing concrete driveway to serve only 2 garage bays, authorizing execution thereof by the Planning & Development Director after final staff review;

V] Accepting Recorded Quit Claim Deed (OR Bk 5558/Pg 2041) from A T & T Corporation for parcel on eastern side of Narcoossee Road north of Moss Park Road, filed Documentary #31414;

W] Escrow Agreement with Southwest Partners at $15,000,000 for on-site infrastructure improvements to the Millenia DRI (Conroy Road Interchange Project), authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #31569;

X] 3-year Agreement with American Express for American Express Card acceptance at the Parking Bureau, Revenue Collection, Harry P. Leu Gardens, "Cop Shop" and "Fire Shop" and Orlando Centroplex, authorizing execution by the Mayor and City Clerk following appropriate staff review;

Y] Expenditure not exceeding $5,000 to offset attorney fees on appeal to be incurred by the Sebring Airport Authority and to assist the Florida League of Cities and the City of St. Petersburg in filing an Amicus Brief with the State Supreme Court;

Z] Release and Satisfaction of Liens at $12,134.24 (demolition/$8,807.47; lot cleaning/$3,326.24) to Guardian Care on property at 740 Jernigan Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31570;

AA] Second Amendment to the Affordable Housing Certification process, requiring that certified affordable projects follow the design criteria described in City Code Chapter 67, requiring that affordable multifamily housing development be mixed income with affordable units disbursed through a project, limiting certification of affordable housing projects in the Rosemont Neighborhood to moderate income projects only, adopting a Resolution thereon for execution by the Mayor and City Clerk following satisfactory staff review, filed as Documentary #25367-1E (See Item 7-PPP, C/C 10-2-96, Item 4-XX; C/C 12-15-97, Doc. #31420);

BB] Amending FY 996-97 SHIP Loan Agreement with Orlando Neighborhood Improvement Corporation by extending project completion to 3-30-99 and ensuring satisfactory imposition of lien rights and restrictive covenants on Lots 1, 2 & 3 at 1202 Conley St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed as Documentary #30431;

CC] Extending Lease with Callahan Neighborhood Center Head Start Program to 9-30-99, authorizing execution, filed Documentary #23316-3;

DD] Contract with C. David Coffey, Esquire, at $125 per hour, plus direct expenses not exceeding $20,000, for legal assistance in the drafting of the optional Land Development Code (Traditional Neighborhood Design) to provide an alternative system to the current regulatory process, authorizing execution by the Mayor and City Clerk following appropriate staff review (See Item 2KK (8), C/C 9-14-98);

EE] Purchasing Awards: 1) Increasing Meridian Management Corporation City Hall Operation and Maintenance Agreement by $165,000 for extra work in remodeling the Permitting Services Office; 2) Amending the Oracle Corporation Agreement by $56,330 for additional database licenses and support services; 3) Tidemark Computer Systems, Inc. and M-Track Software, Inc., Agreements not exceeding $1,419,000 for a new permitting and field inspection system, authorizing the Purchasing Director to execute foregoing following appropriate staff review;

FF] September 29 Budget Review Committee minutes, filed Documentary #31571;

GG] September 28 City Council Luncheon minutes, filed Documentary #31572;

HH] 1-year Employment Agreements with Computer Operators Jim Morinelli and Noel Oakes at $11.06 per hour and Angel Colon at $9.80 per hour, 10-1-98 thru 9-30-99, authorizing execution by the Mayor and City Clerk following appropriate staff review;

II] Short Form Plat for Townsend at Metrowest II, replatting an existing lot on east side of Park Center Dr. north of MetroWest Blvd., east of Hiawassee Rd., into two lots to construct an office building on Lot 1 with future construction of a parking lot on Lot 2;

JJ] U.S. Fire Administration Arson Prevention Grant at $30,000 to fund a new Juvenile FireSetter Program, authorizing execution by the Mayor and City Clerk following appropriate staff review;

KK] Release of Reservation of Right-of-Way to Universal City Development Partners on Turkey Lake Road (north of Sand Lake Road, west of I-4), authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31573; and

LL] September 23 Downtown Development Board and CRA Advisory Board minutes, filed Documentary #31574 & #31575.

HEARING/OIA 4TH RUNWAY DRI

5. Mrs. Chewning announced this as time set for Public Hearing to consider Notice of Proposed Change to Amend the Fourth Runway DRI, Development Order, wherein Amendment #3 provides for: 1) Completion of the 4th runway and associated facilities on or before 9-13-2002; 2) The City not initiating site rezoning petition which would prohibit construction of the 4th runway and associated facilities prior to 9-13-200; 3) Developer having commenced physical development of the OIA Fourth Runway Development on or about April 1991; Developer and City estimating that the development will be completed by 9-13-2002; and the Development Order shall therefore expire on 9-13-2002. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that the Amendment be approved, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #24211.

HEARING/ORDINANCE/2nd READING/ANNEXATION/2953 EUNICE AVENUE

6. Mrs. Chewning presented an Ordinance annexing property at 2953 Eunice Ave., as petitioned by the property owner. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #31576.

ORDINANCE/1st READING/PD/PORCHES OF ATKINS PLACE

7. Mrs. Chewning submitted an Ordinance amending PD requirements of The Porches of Atkins Place at the NEC of Atkins Place and Ellwood Avenue as requested by the property owner. 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/1st READING/GMP MAP 19

8. Mrs. Chewning submitted an Ordinance amending Orlando Growth Management Plan by amending Official Future Land Use Map 19 to change the Future Land Use Designation for property east of Boggy Creek Road and north of Dowden Road, from Office low intensity to industrial, 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 approved on first reading.

ORDINANCE/2nd READING/GMP MAP 9

9. Mrs. Chewning submitted an Ordinance amending Orlando Growth Management Plan by amending Official Future Land Use Map 9 to change the Future Land Use Designation for property on the west side of N. Bumby Ave., south of E. Livingston St. and north of E. Robinson St. from Residential Medium Intensity to Mixed Use Corridor Medium Intensity and to move Subarea Policy Boundary 15.1, 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 adopted, filed Documentary #31577.

ORDINANCE/2nd READING/ABANDONMENT/EASEMENTS

10. Mrs. Chewning presented an Ordinance vacating, closing and abandoning two drainage easements on property at the NWC of International Dr. and Grand National Dr., as requested by the property owner. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31578.

ORDINANCE/2ND READING/ANNEXATION/2895 MERCY DRIVE

11. Mrs. Chewning submitted an Ordinance annexing property at 2895 Mercy Dr. between Silver Star and Shader Rds, as petitioned by the property owner. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31579.

ORDINANCE/2nd READING/ANNEXATION/WILSON AVENUE

12. Mrs. Chewning presented an Ordinance annexing property at 1601 and 1609 Wilson Ave., as petitioned by the property owners. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31580.

ORDINANCE/2nd READING/ANNEXATION/2600 N. RIO GRANDE AVE.

13. Mrs. Chewning submitted an Ordinance annexing property at 2600 N. Rio Grande Ave., as petitioned by the property owners. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31581.

ORDINANCE/2nd READING/ANNEXATION/2610 N. RIO GRANDE AVE.

14. Mrs. Chewning presented an Ordinance annexing property at 2610 N. Rio Grande Ave., as petitioned by the property owners. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31582.

ORDINANCE/ZONING/2895 MERCY DR.

15. Mrs. Chewning submitted an Ordinance establishing the Zoning Classification as I-P District on property at 2895 Mercy Drive, 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 adopted, filed Documentary #31588.

ORDINANCE/ZONING/1601 & 1609 WILSON AVE.

16. Mrs. Chewning presented an Ordinance establishing the Zoning Classification as R-2A District on property at 1601 and 1609 Wilson Ave., as petitioned by the property owners. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Lynum and vote carried that Ordinance be adopted, filed Documentary #31583.

ORDINANCE/2nd READING/ZONING/135 E. COLONIAL DR.

17. Mrs. Chewning submitted an Ordinance changing the Zoning district from O-3/T and MXD-2/T to Planned Development Traditional City District (PD/T), on property at 135 E. Colonial Dr., 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 #31584.

ORDINANCE/2nd READING/ZONING/2600 N. RIO GRANDE AVE.

18. Mrs. Chewning presented an Ordinance establishing the zoning classification as R-2A District on property at 2600 N. Rio Grande Ave., as petitioned by the property owners. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Wyman and vote carried that Ordinance be adopted, filed Documentary #31585.

ORDINANCE/ZONING/PD/HAMPTON PARK/300 E. ROBINSON ST.

19. Mrs. Chewning submitted an Ordinance establishing the requirements of the Planned Development of Hampton Park (formerly known as Orange Villas) at 300 E. Robinson St., [between E. Robinson St., E. Livingston St., N. Hampton Ave., N. Bumby Ave.], 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 #31587.

ORDINANCE/ORDINANCE/2nd READING/ZONING/2953 EUNICE AVE.

20. Mrs. Chewning presented an Ordinance establishing I-G zoning at 2953 Eunice Ave., as petitioned by the property owner. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #31586.

QUASI-JUDICIAL HEARING/RECOMMENDED ORDER

21. Planning and Development Director Richard C. Bernhardt reviewed Municipal Planning Board action approving a request by Festival Bay, Thackeray Corp. for Master Plan to permit phased development within the AC-3A/SP zoning at SEC of N. International Dr. and Oak Ridge Rd., followed by LID Associates' appeal which was heard July 28, 1998, by a Hearing Officer who affirmed the Master Plan as approved by the Municipal Planning Board. Jim Shepard, Legal Counsel for LID Associates, offered argument supporting his client's appeal. Jim Willard, Legal Counsel for Thackeray, spoke in behalf of his client. Assistant City Attorney Scott A. Glass responded to questions regarding pertinent current and future zoning issues. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried to adopt the Recommended Order.

APPEARANCE

22. Lawana Gelzer appeared regarding an incident she experienced as result of response by and contact with the Orlando Police Department. Matter was referred to Police Chief William E. Kennedy, Jr.

ADJOURNMENT

23. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 2:41 p.m.

MAYOR-COMMISSIONER GLENDA E. HOOD

CITY CLERK GRACE A. CHEWNING

On Monday, October 5, 1998, at 1:05 p.m., the Orlando City Council met in the Agenda Conference Room, City Hall, Orlando, Florida.

Present: Mayor-Commissioner 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 Daisy W. Lynum, District 5

Commissioner Ernest Page, District 6

Grace A. Chewning, City Clerk

Fay W. Craig, Deputy City Clerk

W. Scott Gabrielson, City Attorney

Police Officer Danny Vereen, Sergeant-at-Arms

Mayor Hood extended accolades to staff who contributed to the success of Youth Week; recognized Orlando Centroplex Director William L. Becker and extended congratulations on the week-end events at the Orlando Arena; thanked Commissioner Bagley for attending the Lynx Retreat and congratulated him on his graduation from the OPD Citizens Observer Program.

Mayor Hood recognized Ernesto Gonzalez, who served on the Customer Review Team, and called on Permitting Services Director Frank Billingsley who outlined proposed redesign and physical layout of Permitting Services [Consent Agenda EE 1 & 3].

In reviewing the Agenda, Mayor Hood indicated that: Awards/Presentations #2 will be rescheduled for October 19 and Consent Agenda N] represents the annexation of 1,000+ acres in the southeast area.

Mr. Gabrielson responded to Commissioner Lynum's query on S] regarding WBE/MBE compliance practices and to Commissioner Page's inquiry on Y].

Commissioner Page's question on AA] was addressed by Planning & Development Director Richard C. Bernhardt.

On AA], Commissioner Gordy gave credit for the raised values therein; complimented Technology Management Director Frank R. Hagy and Permitting Services Frank Billingsley for the detailed study involved in EE] #3; and voiced caution about the surrounding development at MetroWest paralleling the negative experience by Rosemont.

Mr. Bernhardt responded to Commissioner Ammerman's question on Hearing #11, stating that "…April 1991…" on page 2, paragraph 3, is correct.

Meeting adjourned at 1:25 p.m.

Grace A. Chewning, City Clerk