Loading...
HomeMy WebLinkAbout1991 07 22 City Commission Regular Minutes . . . 90-91-21 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JULY 22, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p. m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor Paul P. Partyka, present City Manager Richard Rozansky, present City Attorney Tom Lang, present Commissioners: Cindy Kaehler, present Don Jonas, absent John Langellotti, present Terri Donnelly, present For the invocation Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Langellotti. There were no additions or corrections to the minutes; the minutes of July 8, 1991 stand approved as submitted. . Public Comment: Kathleen DeGrenia, Executive Director of the Highlands, spoke about a problem with interpreting the City's ordinance in regard to nuisances, Article I(c) and (d). She said the Homeowners Association of Greenspointe has requested the undeveloped lots that are remaining in Greenspointe be mowed because of the overgrowth. She said she was advised to come before the Commission to request a definition of what the Ordinance says. Attorney Lang said under the City Code, if its a lot, tract or parcel of land, whether or not there is a residence on it, it is subject to this Code provision. Jim Dasher, Galloway Court, spoke about the budget. General Agenda Public Hearing for Ord. No. 506, amending Sec. 20-43l(1)a and f, etc. Second Reading: Motion was made by Commissioner Kaehler to continue the hearing until the next meeting. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Request of Highlands Homeowners Association for reconsideration of sidewalk: Attorney Lang said he was told to see if Mr. Kozlov has found any misrepresentations that were made by the developer, and if so, what the misrepresentations were to determine whether there is a basis for going back against the developer. Otherwise the City is going to have to put in the sidewalk themselves. Discussion followed on the sidewalk on Jeffery Court, and the Commonwealth Engineer's letter. Motion was made by Commissioner Partyka to reconsider the waiver to grant this motion and put it on the next agenda and allow everyone including the developer to respond to this. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Langellotti, aye; motion carried. . Regular Meeting, City Commission, July 22, 1991 Page 2 90-91-21 Designation of Voting Places and compensation for pollworkers for the November 5, 1991 Municipal Election: Motion was made by Commissioner Kaehler to approve the recommendations of the City Clerk, letter dated July 15th for election precincts and compensation for pollworkers. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Appointments to Board of Trustees- Resolution No. 661: Motion was made by Commissioner Kaehler to table Resolution No. 661 to the next meeting. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. City Manager Richard Rozansky: Fiscal Year 1991-1992 Budget; Commission Sets: Rate and Day, Time and Place of Public Hearing 1991, 7:30 p.m.): Proposed Millage Rate, Rolled Back for Tentative Budget (Monday, Sept. 9, Manager Rozansky explained the first item is for the Commission to set the proposed millage rate, rolled back rate and day, time and place of the public hearing for the Tentative Budget which will be Monday, Sept. 9, 1991 at 7:30 p.m. We are required to furnish this information to the Property Appraiser and Tax Collector and notices are then sent out notifying property owners of the proposed millage rate and time of the public hearing. . Manager Rozansky said his proposed budget called for 3.7029 mills; that is 8.76% over the rolled back rate. The present millage rate is 3.6153 and that is 6.19% over the rolled back rate. The rolled back rate is 3.4045. At the last Workshop Meeting Commission asked fora proposed millage rate of 3.6153 mills and rolled back rate of 3.4045. Manager Rozansky recommended the tentative millage of 3.7029. Motion was made by Commissioner Kaehler to set the proposed millage rate at 3.6153; rolled back rate 3.4045 and day, time and place of the public hearing as Monday, September 9, 1991 at 7:30 p.m., Winter Springs City Hall, 1126 East S. R. 434, Winter Springs, FL 32708. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commisisoner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; motion carried. Fray Municipal Securities: Manager Rozansky said he would like to have Mr. Jim Lentz as the City's Financial Advisor to assist in all major issues and investments, and look at various ways of saving money. Mr. Lentz' retainer is $500.00 per month, $6,000 per year. For a bond issue the fee would be $15,000. Manager Rozansky said on the last bond issue Mr. Lentz saved the City $37,500. Mr. Lentz was present and spoke to the Commission. Motion was made by Commissioner Langellotti that we approve Mr. Lentz as our Financial Advisor. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Langellotti, aye; motion carried. . . Regular Meeting, City Commission, July 22, 1991 Page 3 90-91-21 Budget Revision Fiscal Year 1990/l99l-0rd. No. 507, First reading, amending the 1990/ 1991 Budget, etc. Attorney Lang read Ord. No. 507 by title only on first reading. Reports: Monthly reports have been distributed. Manager Rozansky reported that we are eligible for another grant on the park, and he instructed Mr. Barth to start working on it. Manager Rozansky reported we had a problem at Dayron Ponds; one of the ponds failed. We have a soils engineer there and we will have to do a scope of work. Manager Rozansky said he gave the Commission a report this past week on the Tuscawilla Drum removal for their review; he said we are still working with Rose, Sundstrom & Bentley because we are still in need of some easements, and the Commission was given a copy of the Department of Public Works of Seminole County construction permit for the sidewalk the City will be constructing on Shepard Road. The County charged the City $50.00 to put their sidewalk in. Manager Rozansky said he will be writing the County Manager a letter about that. . The Manager's last report was in regard to the new middle school. The School Board is considering the $275,000 connection fee as an impact fee, and Manager Rozansky's position is that it is not an impact fee. Our attorneys are discussing this matter with Mr. Julian. The city Manager stated the City paid 12.3 million dollars for a utility that had a capacity of x number of gallons. Now someone wants to take $275,000 of that capacity. This amounts to customers of the utility paying twice- once with School Board assessed ad valorem and again with their utility bills which pay the debt service for the capacity. The Commission agreed with the City Manager's position. Attorney Lang said they are taking the legal position that they are exempted from all impact fees and that obviously the connection fee is a form of impact fee because it is a capital cost of connecting them into the system, and to date the legal position of most jurisdictions in the state of Florida is you do not have to pay impact fees from one governmental unit to another. Attorney Lang said he has written them back and said we do not consider that to be an impact fee, we consider it to be a user fee; therefore at this point we want you to pay it until you can prove it to us that it is not a user fee. Attorney Lang said he has not received an answer back. Attorney Lang said the question becomes whether it is going to be a user fee and that is going to be the issue. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka commended the Fire Department for obtaining the $8,700 grant. He also commended Steve Alford who works at Winter Springs Water & Sewer West for taking the leadership position in Sanford in setting up the fire works display. . Motion was made by Commissioner Partyka that Grace A. Glavin be appointed to the Planning & Zoning Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Commission Seat I - Cindy Kaehler: No report. . . . Regular Meeting, City Commission, July 22, 1991 Page 4 90-91-21 Commission Seat III - John Langellotti: Commissioner Langellotti spoke about the letter from the Dept. of Transportation regarding traffic control. He asked when the groundbreaking will be for the superpark. Manager Rozansky said the contracts were signed today and there is a question with Florida Power. He is going to recommend we give them a blanket easement for utilities subject to Commission's approval. Manager Rozansky said we would have the groundbreaking as soon as we can. Mayor's Office: Mayor Kulbes spoke about the letter from an Oak Forest Homeowner in Unit 8. Attorney Lang spoke about the conflict in the City Code regarding m1n1mum street widths. He said the way the Code is written now, all that is required in R-T zoned areas is a minimum 30 ft. right of way. The example shows 50 ft. but the 15 feet on each side do not total 50, so there is an inconsistency there. The concensus of the Commission was to change the Code to require all roads to be 50 foot minimum width. Meeting was adjourned 8:50 p.m. Respectfully submitted, ~~r:~ Mary T. Norton, City Clerk ,MAYOR