Council Minutes

 On Monday, November 9, 1998, at 2:07 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 Daisey 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

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 2^nd Staff and regular City Council meetings with minutes approved as written.

PROCLAMATION

2. Mayor Hood called forward Deputy Chief Administrative Officer Brenda C. Robinson, President of the Board of Directors for the Orlando Opera, who introduced General Manager Robert Swedberg. Mayor Hood, in recognition of the Opera's 40^th Anniversary Season, presented her Proclamation declaring November 9^th as "Orlando Opera Day."

INTRODUCTION

3] Mayor Hood welcomed United States Representative John Mica (District 7) who commended the City's action to move forward with a Light Rail System and offered his continued support at the Federal level.

CONSENT AGENDA

4] It was moved by Commissioner Bagley, seconded by Commissioner Ammerman and vote carried that the Consent Agenda be approved. Commissioner Page voted "No " as to Item G] ONLY. Commissioner Ammerman filed Conflict of Interest Form on K], Documentary #31650;

A] Accepting October 8 Orlando Housing Authority minutes, filed Documentary #31651;

B] Accepting October 28 Civil Service Board minutes, filed Documentary #31652;

C] November 3 Budget Review Committee minutes and Resolution, filed Documentary #31653 and #31548;

D] October 28 Mayor’s Senior Citizen Advisory Committee minutes, filed Documentary #31654;

E] First Amendment to Schedule A between GOAA and Lake Nona Property Holdings, Inc., Right of First Refusal Agreement with Lake Nona Land Company and the City, and First Amendment to Exchange Agreement between Lake Nona Land Company, GOAA and the City on property west of Narcoossee Road and south of Lake Nona, adjacent tot he Osceola County Line (known as Poitras), authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31372-1;

F] Cooperative Agreement with Central Florida Regional Transportation Authority (LYNX) for Design and Construction of Light Rail), amended to include the Chief Administrative Officer, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31655;

G] Adopting "A Resolution of the City Council of the City of Orlando, Florida, supporting Light Rail Transit, approving the Light Rail Transit Financing Plan and authorizing the Mayor and City Staff to move forward with the preparation on the necessary Agreements for the Financing and Development of the Minimum Operable segment of Light Rail Transit from Central Florida Parkway to Livingston Street to Downtown Orlando, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31656;

H] Contract with Gomez Construction Company at $287,357 for Cherry Tree Park Renovation, 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 #31657;

I] Accepting with gratitude $3,000 donation from Lockheed-Martin for Orlando Fire Department Elder Links activities;

J] Second Amendment to Lake Nona Utility Agreement with Lake Nona Property Holdings, Inc., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #27238A-2 (see Item 5-MMM, CC 6-29-98);

K] Withdrawal of ZOM [Residential Tower/The Waverly/Master Plan] appeal of Municipal Board Case #97-222 and approve Item 6 in the December, 16, 1997 Municipal Planning Board minutes;

L] Letter of Agreement with OUC regarding the Lake Fran Bike Trail - Phase II, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31658;

M] October 27 Orlando Loch Haven Park Board minutes, filed Documentary #31659;

N] October 28 DDB, October 28 CRA Advisory Board and November 2 CRA minutes, filed Documentary #31660/62;

O] Loan and Gift Agreement with Michael A. and Marilyn Logsdon Mennello for a collection of American folk art (including pieces by Earl Cunningham, Paul Marco & John Gerdes) appraised at $3 million, to be donated over a 13-year period, housed in the Howard Phillips House in Loch Haven Park and known as The Mennello Museum of American Folk Art, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31649;

P] Acquisition of property at 745 Weaver Court at $17,000 for stabilization of Parramore Heritage Neighborhood, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31663;

Q] Adopting "A Resolution of the City of Orlando, Florida, supplementing Resolutions of the City bearing Documentary Numbers 31281 and 31281-l authorizing, respectively, the issuance of the City of Orlando, Florida Special Assessment Revenue Bonds (Conroy Road Interchange Project), Series 1998 A in the aggregate principal amount of not exceeding $32,000,000 and the City of Orlando, Florida Special Assessment Revenue Bonds (Conroy Road Interchange Project), Series 1998B in the Aggregate Principal amount of not exceeding $6,000,000; making a determination that a negotiated sale of the bonds is in the best interests of the City; approving the date, interest rates, interest payment dates, provisions for redemption, denominations and maturity schedules of such bonds as set forth in the indenture and/or limited offering memorandum; awarding the sale of said bonds to the underwriters described herein on a negotiated basis and approving the conditions and criteria of such sale; approving the form of and authorizing the execution and delivery of the Bond Purchase Agreement; approving the form of and authorizing the execution and delivery of the Continuing Disclosure Agreement; approving the form of and authorizing the execution and delivery of the Indenture of Trust; appointing a Trustee; providing for severabilty; providing an effective date; and providing certain other details with respect thereto," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31281-2;

R] Adopting "A Resolution of the City Council of the City of Orlando, Florida, amending the Final Assessment Resolution bearing Documentary Number 31202A, adopted by the City Council on June 8, 1998 (Pertaining to the Interstate 4/Conroy Road Special Assessment Area ) to delete any provision for "Incremental Debt Service' and to eliminate the "Multi-Family Residential" Land Use Category; allowing for the Debt Service Component for designated property and the Series A Debt Service Component for undersignated property each to be calculated based on the succeeding assessment period, affirming the Final Assessment Resolution; acknowledging the property owner's waiver of notice; providing for severability; and providing an effective date," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31202-B;

S] 2-year Employment Agreement with Applications Developer V Gary L. Wade, 10/26/98 thru l0/27/2000 at $52,000 per year, authorizing execution by the Mayor and City Clerk following appropriate staff review;

T] Amendment to Contract for Sale & Purchase with Merle and Henry Long, Jr., at 626 W. Robinson St., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31403-1;

U] Affordable Housing Multifamily Rehabilitation Strategy as submitted by the Planning and Development Director;

V] 1-year Employment Agreement with CDBG Part-time Planner II Mary Stewart-Droege, 11-16-98 thru 9-30-99 at $14.70 per hour; authorizing execution by the Mayor and City Clerk following appropriate staff review;

W] Adopting "A Resolution of the City of Orlando, Florida, amending the Local Housing Assistance Plan for Fiscal Years 1996-1997, 1997-1998, and 1998-1999, and establishing an effective date," authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #29262-4 (See Doc. #29262-3);

X] Local Agency Program Agreement with FDOT for Enhancement Funds for Phase II of the Lake Fran to Dr. Smith Center Bicycle Trail, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31664 (See Doc. #29652);

Y] Staff processing request for refunds (without interest and subject to an administration fee) for Concurrency Management Refunds in advance of City Code Chapter 59 revisions;

Z] CDBG Agreement with Orlando Housing Authority at $131,947 for 6' high security fence at Ivey Lane Homes Complex at 24 Fanfair Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31665A & B (see Item 6-J, CC 8-11-97);

AA] Micro Loan not exceeding $40,000, to be paid over a 7 year period at 8% interest with a 3-month deferral of principal and interest, with Albert Lewis Jr., d/b/a International Car Wash, at 500 N. Parramore Ave., authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31666;

BB] Purchasing awards: 1)Prestige Ford, Inc., at $46,714 for 2/’99 Ford mid-size utility vehicles; 2) Extend Annual Agreement with Argenbright Security to 11-16-99 at $1,700,000 for Armed/Unarmed Guard Services; 3) Sole source Purchase from Cemen Tech, Inc., at $251.471 of alkaline stabilization unit for cake sludge processing at Iron Bridge, authorizing execution by the Purchasing Director following appropriate staff review;

CC] July 22 and August 5 Finance Committee minutes, filed Documentary #31667/68;

DD] Mayor’s Educational Partnership Grants Agreements with: 1) Orange Center Elementary /Lake Sunset - Luola Terrace HOA @ $10,000; 2) Grand Avenue Elementary/Carter Street NA @ $10,000; 3) Washington Shores Elementary/Washington Shore NA @ $10,000; 4) Rock Lake Elementary/Spring Lake Manor NA @ $5,000; 5) Richmond Heights Elementary/Crossroads Apartment RA @ $5,000; 6) Colonial High School Ninth Grade/Dover Estates NA @ $5,000; 7) Tri-L Christian Academy/Lake Mann Estates/Demetree HOA @ $5,000; 8) Cultural Arts Research Ensemble/Ivey Lane Estates - Royal Ivey HOA @ $5,000; 9) Broadway United Methodist Church/Lake Eola Heights Historic NA @ $5,000, authorizing execution by the Mayor and City Clerk following appropriate staff review, filed Documentary #31669/77;

EE] Confirming Mayor Hood's appointment of Fire Chief Donald Harkins as the City's representative to the Central Florida Emergency Services Institute Board of Trustees;

FF] Selection Committee ranking and negotiating with Beers/SL, Ruby Builders or Metric Constructors for a pre-construction phase services Contract on the Dover Shores Neighborhood Center Phase IIA, authorizing execution by the Mayor and City Clerk following appropriate staff review and subsequent submission to Council; and

GG] Changing the 1999 Council Calendar by canceling the January 4^th Meeting.

ORDINANCE/2^nd READING/CHAPTER 18A

5. City Clerk Grace A. Chewning submitted an Ordinance amending City Code Section 18A.02 to add Michael McCoy Park. No one appeared in opposition. It was moved by Commissioner Ammerman, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #31678.

ORDINANCE/2^nd READING/CODE SECTIONS 2.150 - .152

6. Mrs. Chewning presented an Ordinance amending Code Chapter 2 to reflect the recent reorganization of the Parks Bureau from Community and Youth Services to Public Works, amending Section 2.150 by reducing the number of members on the Community and Youth Services Board and amending Section 2.152 to delete references regarding parks responsibilities. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #31679.

ORDINANCE/2^nd READING/CHAPTER 33

7. Mrs. Chewning submitted an Ordinance amending City Code Sections 33.02 and 33.03, relating to definitions and the hours of service or sale or consumption of alcoholic beverages in commercial establishments licensed to dispense alcoholic beverages for consumption on premises, removing distinctions based upon seating capacity, removing the prohibition against Sunday alcoholic beverage sales for commercial establishments that are not restaurants or private clubs, and by renumbering certain subsections of cited Sections. Michael Levine, Esquire, spoke in support. Reverend John Book appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be adopted, filed Documentary #31680.

ORDINANCE/1^st READING/FLORIDA DIGITAL NETWORK

8. Mrs. Chewning presented an Ordinance granting to Florida Digital Network, Inc., its successors and assigns, a non-exclusive franchise to use the public rights-of-way of the City of Orlando for the construction, maintenance and operation of a communication system in the City of Orlando for the provision of alternative local exchange service and local private line communications service and prescribing the terms and conditions under which said non-exclusive rights, privileges and franchises may be exercised; and providing for severability and an effective date. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagley and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/PD ORLANDO REGIONAL HEALTH CARE SYSTEM

9. Mrs. Chewning submitted an Ordinance amending the Planned Development (PD) of property known as Orlando Regional Health Care System (ORHS) by repealing in their entirety the previously adopted PD Ordinance and amendments thereto; by adopting a new PD Ordinance changing the Zoning Classification from PDt, 0-2t, AC-2t, AC-2t and MU-1t to PDt, Planned Development District Traditional City on the west side of Orange Ave., south of Gore St. and north of Kaley St.; as requested by property owner. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/HISTORIC LANDMARK/WELL'SBUILT HOTEL

10. Mrs. Chewning presented an Ordinance of the City of Orlando designating as an Historic Landmark the Well'sBuilt Hotel at 511 W. South St. No one appeared in opposition. It was moved by Commissioner Page, seconded by Commissioner Bagely and vote carried that Ordinance be approved on first reading.

ORDINANCE/1^st READING/ZONING/511 W SOUTH ST

11. Mrs. Chewning submitted an Ordinance changing the zoning from R-3B/T to PD/T, Planned Development Traditional City Overlay District, on property at 511 W. South St., on the north side of W. South St., west of Division Ave., as requested by the property owners. No one appeared in opposition. It was moved by Commissioner Lynum, seconded by Commissioner Ammerman and vote carried that Ordinance be approved on first reading.

GENERAL APPEARANCE

12. Reverend John Book, Ax the Tax representative Doug Guetzloe and Miriam Lancaster appeared voicing opposition to the proposed Light Rail Transit System.

GENERAL APPEARANCE

13. Yachtta Stanley and Rekita Jackson, representing Sistah, Sistah, Inc., appeared requesting permission to sell t-shirts outside the Citrus Bowl during the '98 Florida Classic. City Attorney W. Scott Gabrielson cited applicable City Code provisions and operating policies governing such sales. No action was taken.

ADJOURNMENT

14. There being no further business to come before Council, Mayor Hood declared the meeting adjourned at 2:54 p.m.

Mayor-Commissioner Glenda E. Hood