HomeMy WebLinkAbout04-19-88 WS
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MINUTES OF THE CITY COMMISSION WORKSHOP OF APRIL 19, 1988
The workshop was called to order at 6:35 p.m. by Mayor Ison.
PRESENT: Mayor Ison, Commissioners Johnson (arrived at 7:45
p.m.) Dabbs, Bateman and Hager, City Attorneys Rosenthal and
Woodson, City Manager Ryan, City Planner Wagner and City
C I el'~k Cat rOY'I.
ABSENT: NCIl"le
DISCUSSION ON PROPOSED TRANSPORTATION IMPACT FEE ORDINANCE
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Attorney Woodson explained that they were working from the
same draft that had been presented to them at the last
meeting and dated March 29, 1988. He was waiting for their
comments along with the comments from the Homebuilders
Association (HBA) and representatives of the ZOM property.
He asked for direction and stated that the main issues to be
addressed were: the amount of the fee, vested rights,
credits, handling implementation and exemptions. The fee was
based on the existing Orange County Fee. On Vested Rights,
what provision do they want to make for people who had
already signed Development Agreements and to what extent do
they want to do grandfathering. On Credits, they need to
establish a cut off date for credits against contributions,
he recommended 2 years, but the HBA wanted 5 years. Handling
the implementation always became an issue and they
recommended it become effective at the time of Certificate of
Occupancy. On the issue of exemptions, government structures
had been added. City Manager Ryan explained that smaller
units of government did not usually charge a larger units of
government. Commissioner Dabbs stated that he was employed
by the School Board, but was not necessarily in favor of
exempting them. COMmissioner Bateman stated that he did not
have a problem with exempting the schools. In answer to
COMmissioner Dabbs' question regarding the grandfathering,
Planner Wagner explained that they did not grandfather
completely but had provided for credits as there were
existing Development Agreements. Mayor Ison stated that he
hoped there were no Development Agreements that were silent
on the transportation impact fee. Planner Wagner stated that
he would be surprised if it was not in all of the agreements
except where there would be no off site improvements. Mayor
Ison asked that an inventory be done of - all of the
Development Agreements and the language contained therein,
and a list of the plats that had been recorded and where the
builders were pulling building permits. On page 6 (ii), the
Mayor suggested leaving at 2 years until the inventory was
completed and that he had nothing against the City Manager,
but he felt the matters should go before the City Commission
and not the City Manager. Commissioner Dabbs stated that he
felt the responsibility should not go to one person. Mayor
Ison suggested the DRC, and the general consensus of
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City Commission Workshop
Apri I 19, 1988
the Commission was to give the authority to the DRC.
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Commissioner Dabbs stated that the issue of the percentage of
the fee was a policy matter and would entertain a fee of more
than 52~. City Manager Ryan stated that he was in favor of
100~ fee. Commissioner Bateman concurred with the 100~ fee
and asked if we could make a provision in the agreement to
t~equire that attorney's fees would have to be paid if someone
wanted to arbitrate/challenge the ordinance. Attorney
Rosenthal stated that given the existing law, they would not
be able to charge an arbitrater/challenger for the attorney~s
fess. Commissioner Dabbs stated that he did not share
Commissioner Bateman's view and Attorney Rosenthal stated
that provisions had been made in the law for "frivalous
lawsuits". Attorney W,:.odson stated that irr cc,rrversatiorl with
Mr. Campbell, P. E. C., Mr. Campbell felt the fee would come
in at about 10~ above or below the estimated fee. Mayor
Ison suggested using the issuing of building permits as the
determination on whether or not the proposed ordinance would
be levied against a development. Commissioner Bateman
questioned on Page 9, 13.0, regarding funds "with interest"
being returned and who decided what interest. He suggested
it be spelled .:::out by sayirlg "earrred intet~est" Ot~ whatevet~ was
legal. Commissioner Dabbs stated that he did not have a
problem with a couple of Mrs. Fitzgerald's comments and hoped
they would be incorporated in the next draft. Mayor Ison
asked that the attorneys have the next draft ready by early
next week (Tuesday) so the Commission would have time to
review the document prior to the next workshop and meeting.
Miranda Fitzgerald, representing ZOM Properties, asked to
speak to the Commission regarding the proposed Interim
Transportation Impact Fee ordinance. She addressed the
following concerns: Credits - she questioned what would be
done with Development Agreements that had a specific time
frame; Grandfathering - she felt the language should be
clarified; and Fee Level - she felt the fee level should be
consistent with Orange County.
NOTE: Commissioner Johnson arrived at 7:45 p.m..
Lynn Zegelbone, representing the HBA for Mr. Howell, asked
the Commission to consider using the application for a
building permit as the cut off point because the permit could
get held up through no fault of the developer. She asked
that the criteria under Vested Rights be looked at further as
she questioned whether it was valid or legal.
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City Commission Workshop
Arp ill 9, 1988
Don Tooley, representing Westlake Development, asked the
Commission for some consideration on his project which had
been approved on September 1, 1987; but, due to the purchase
of Prima Vista Utilities and other factors, no building
permits had been issued as of this time.
The meeting adjourned at 7:57 p.m.,
the regular meeting would begin.
and after a short recess
-=rU ~
MAYOR
ATTEST:
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CITY CLERK
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