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HomeMy WebLinkAbout1990 01 22 City Commission Regular Minutes l' , 89-90-8 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, JANUARY 22, 1990 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Leanne M. Grove at 7:30 p. m. Roll Call: Mayor Leanne M. Grove, present Deputy Mayor Cindy Kaehler, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Arthur Hoffmann, present Philip A. Kulbes, present William A. Jacobs, present Paul P. Partyka, present For the invocation Deputy Mayor Cindy Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Arthur Hoffmann. Motion was made by Commissioner Kulbes to approve the minutes of January 8, 1990. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. There was no public input. . General Agenda Audit Report 1988-89 Fiscal Year: Barbara Rennard and Joan Schlottman of Kane and Associates were present and discussed the audit report. The major change this year was the issuance of the nine million dollar Revenue Refunding Improvement Bond in May of this year. This increased the City's total debt service requirement by $1,491,694.00. During the audit they did not note any material budget variances and the revenues and expenditures were in line with prior years except for the effect of the refunding revenue bonds. Their recommendations and Management Letter were discussed. Mrs. Rennard thanked Harry Martin and the City Manager for their assistance. Commissioner Partyka asked how does Winter Springs compare to other cities in terms of the way its run, the way we operate our finances, how we keep the records. Mrs. Rennard said she would rate the City excellent. Manager Rozansky said he would put this on the Agenda for acceptance for the next meeting. He will provide copies of his response to the Management Letter to the Commission. He thanked Kane & Associates for the good job they have done. First Reading of Ord. No. 480, providing for imposition of Impact Fees, etc.: Motion was made by Commissioner Hoffmann to read Ord. No. 480 by title only on first reading. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. . Attorney Kruppenbacher read Ord. No. 480 by title only. This ordinance will be scheduled for public hearing for Feb. 26, 1990. \ . Regular Meeting, City Commission, January 22, 1990 Page 2 89-90-8 City Manager Richard Rozansky: Discussion of User Fee Charges: Manager Rozansky reported that meetings were held on January 11th and January 19th with various people who had capacity and the Staff. He said all their questions were answered and they were given the information they asked for. Manager Rozansky said they met in good faith and we still feel it is our obligation to make these improvements, provide service, and look after the whole service area rather than just a small portion. Terry Zaudtke, the City's consulting engineer with Conklin, Porter & Holmes, explained that at the last meeting where this was discussed he was asked to come back and represent what items would have to be taken out of the budget if the fee was not charged. Mr. Zaudtke said he would like to start with the exhibit on definitions. He explained service availability charge as written in the ordinance means a charge made by the City to defray a portion of the capital cost of the water treatment plant or sewer treatment plant owned by the City, synonymous words are connection fees/charges, impact fee/plant capacity. A user is defined as a customer who is physically connected to the facility. Reservation charge is a charge assessed for reserving capacity of .35 per gallon annually, based on the principal and interest of the bonds divided by 1.5 mgd capacity of the sewer plant. . Mr. Zaudtke explained the service availability charge is a charge for capital improvements related to new development. If you build a new sewer treatment plant and you already have 500,000 gallons of capacity, that is your existing flow rate, but you have provided for another million gallons of capacity. That portion of the million gallons is allocated for future growth; then you are allowed to take that and divided by the gallons provided and come up with the connection fee, impact fee, service availability charge. It is to defray capital costs. The reservation charge as used within the City of Winter Springs is to hold the developer's place in line but does not guarantee capacity. Commissioner Jacobs stated he didn't feel the Commission was properly informed as to what the intent of the ordinance was at the time. Mr. Zaudtke explained when the master wastewater plan was presented, an exhibit was attached within the plan which was a cash flow diagram. Commissioner Jacobs stated his problem was the fact that this Commission was asked to pass an ordinance, and then three or six months later there was a determination to send out letters to increase the fees on the individuals who had the reservations. This was never brought up at the time the ordinance was passed. And he said, if it was, why didn't the letters go out at the time, why didn't we say we were going to send a letter to all the ones that had reservations for capacity and that we were going to increase it and raise a million dollars. He said that was never discussed at the time the ordinance was passed. Mr. Zaudtke said he felt he had presented the technical information. Manager Rozansky said we still hold the position that we did what the law required us to do. . Attorney David Brown, representing Bel-Aire Homes, spoke to the Commission. , . Regular Meeting, City Commission, January 22, 1990 Page 3 89-90-8 Motion was made by Commissioner Hoffmann to place this item on the agenda for action. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Kaehler that the City Commission determine that the ordinance does enable the city staff to do what it has attempted to do and that the attorneys be directed to take such steps as are necessary to implement that intent. Motion was amended by Commissioner Kaefiler, seconded by Commissioner Hoffman~ that we consider the proposal of Commissioner Partyka that those who have paid connection fees who wish to revoke that fee and have it returned could do so at such time as we find other users who would have capacity equal to what they had, let's say, made connection fees payment for. Discussion. Amendment was withdrawn by Commissioner Kaehler and motion was seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, no; Commissioner Jacobs, no; Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion failed. Attorney Kruppenbacher said the best way to approach this is to let us bring back to you the different ways other governmental entities have approached this. . Mayor Grove called a recess at 9:45 p. m. and called the meeting back to order at 10:00 p.m. Attorney Kruppenbacher said he had a 7:15 meeting tomorrow morning with the mediator in regard to the Tuscawilla case. As soon as he finds out the exact date and time he will notify the Commission. He also said he would be attending the Code Enforcement Board meetings to advise the Board. Report of Proposal Opening: Manager Rozansky reported he opened the proposals for the senior center and the recreational area on January 15th at 5:00 p.m. Three were received for the senior center and 29 for the recreational area. For the recreational area Manager Rozansky assigned the Building Official, the Engineer, the Recreational Director, City Planner and the Land Development Coordinator to review the proposals and grade them. Then at the next meeting Manager Rozansky will have a report. On the senior center Manager Rozansky reported the Staff will be reviewing the proposals from Jan. 16th to the 22nd; On Jan. 24th the three applicants will be interviewed and then a Workshop could be called for Feb. 5th for presentations before the Commission. Mayor Grove called a Workshop Meeting for Feb. 5th to interview the three firms who submitted proposals for the Senior Center. . Disposition of Smith & Wesson .357 Revolvers: Motion was made by Commissioner Jacobs to allow the City Manager to dispose of the weapons in accordance with the law. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . . . Regular Meeting, City Commission, January 22, 1990 Page 4 89-90-8 Monthly reports for November and December have been distributed. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka nominated John Horan, 1612 Wood Duck Drive for appointment to the Planning & Zoning Board. Motion was made by Commissioner Jacobs to ratify Commissioner Partyka's nomination. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Partyka to place the nomination of the B.O.W.S. Board vacancy on the agenda. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Commissioner Partyka nominated Richard Allen for appointment to the B.O.W.S. Board. Motion was made by Commissioner Jacobs to ratify the recommendation of Commissioner Partyka. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Motion was made by Commissioner Partyka to get some kind of time deadline for these Commission Meetings on the agenda. Motion failed for lack of a second. Commission Seat I - Cindy Kaehler: No report. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked if the Mayor had received a letter from the Post Office in regard to the name of "Casselberry" and he asked about the drainage pipe from the post office. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said he was glad to see the B.O.W.S. Board is asking to be included in the planning process for the new park, and asked that they select one member to meet with the City Staff during those discussions. Commissioner Kulbes said he has received some complaints about the Orange Shopper being thrown out. Commissioner Kaehler asked that the item of littering be put on the agenda for the next meeting. Mayor's Office: Mayor Grove nominated Steve Seed, 1192 Irwin Court to the Citizen's Advisory Board for the Seminole County Impact Fees. Motion was made by Commissioner Jacobs to ratify the Mayor's appointment to the Impact Fee Citizens Advisory Board. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . Regular Meeting, City Commission January 22, 1990 Page 5 89-90-8 Resolution No. 631, urging Florida citizens to support the Constitutional amendment #3 limiting unfunded state mandates, etc.: Mayor Grove read Resolution No. 631 by title only. Motion was made by Commissioner Kulbes to adopt Resolution No. 631. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Mayor Grove spoke about the letter from Dudley Bates, Mayor of Altamonte Springs, in regard to the Central Florida Commuter Rail Authority, asking for a contribution. No action was taken. Meeting was adjourned 10:45 p. m. Respectfully submitted, Approved: ~r:~ Mary T. Norton, City Clerk .~Yh. LEANNE M. GROVE .