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HomeMy WebLinkAbout1998 07 27 Regular Item D COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X July 27. 1998 Meeting MGR ~ DEPT Authorization REQUEST: Commission requesting County Commission Chairman Randy Morris to update the City Commission on annexation and other matters of interest between the City and County. PURPOSE: The purpose of this agenda item is to have County Chairman Randy Morris to update the City Commission on annexation discussions with Oviedo and to have a dialogue on other issues of mutual interest to the City and County. CONSIDERATION: This item is needed to update the City on County actions related to annexations and other matters of mutual interest to the City and the County. I. Annexation Agreement with Oviedo As we understand, Chairman Randy Morris is discussing annexation boundaries between Oviedo and Winter Springs with officials of Oviedo which the intent of bringing the Oviedo J.P.A. to the County Commission on August 25, 1998 for approval. Recently Winter Springs staff learned of a proposal developed by County staff. Notwithstanding the fact that this proposal may be nothing more than a proposal intended to start discussion, in the City staffs opinion, the proposal as currently developed is so severely detrimental to the interests of the City of Winter Springs and so disproportionately balanced in favor of the City of Oviedo that it would be a mistake for this proposal to be presented for discussion. We would agree that a third party could be constructive in facilitating an annexation agreement. Although we appreciate Chairman Morris' attempts to mediate this difficult issue policy makers may want to consider the benefits of an alternate strategy that may have more opportunity for success. This strategy would involve the engagement of a highly competent consultant with extensive governmental planning experience mutually engaged and funded by the three parties. This consultant would serve as a fact finder and mediator with a mediation committee composed of Ovideo, Winter Springs and County Officials. This alternative would have the benefit of quantifying the benefits of proposals resulting in a less emotional and more informed decision making process. Key Points · The most favorable boundary between Oviedo and Winter Springs was the Greeneway. · Unfortunately, Oviedo crossed this boundary in their quest for the Oviedo Regional Mall not withstanding the fact that they are unable to serve the area with water and sewer. · Not withstanding the fact of the enormity of economic benefit of the Mall to the City of Oviedo, as compared to that available to Winter Springs, the County plan we reviewed envisions additional Oviedo annexation of prime commercial property on the western side of the Greeneway with Winter Springs receiving a comparative small area of residential area for annexation. · Not withstanding the fact that the County plan demonstrates Oviedo having expansive areas to annex east and south of the Greeneway, the plan provides only a small area of residential annexation for Winter Springs south to Red Bug Road. . In August 1995, the City of Winter Springs forwarded its Joint Planning Area Proposal to the County spelling out its long-range annexation plan. This plan was never acted upon by the County. . Neither Casselberry nor Oviedo forwarded Joint Planning Area Agreements to the County for consideration. . The current County staff proposal fails to appropriately recognize the plan submitted to the County some four years ago. . In our opinion any plan with an opportunity for acceptance by the City of Winter Springs should accomplish satisfactory resolutions of the following issues: a. Articulating the Greeneway as the natural border between the City of Winter Springs and Oviedo from Lake Jesup south to the County line except in the Oviedo Mall area. b. Developing an acceptable way of leveling the over whelming economic benefit gained in Oviedo's penetration of the Greeneway by the annexation of the Mall property. c. Bringing all of the Tuscawilla PUD into the City of Winter Springs. d. Recognizing that the unincorporated area lying east of the Greeneway and south of Winter Springs and Casselberry will have to be divided between the City of Winter Springs and Casselberry exclusively. e. Oviedo and Winter Springs removing annexation of the Black Hammock area from their Comprehensive Plan and acknowledging it as a conservation area. REQUEST: The Commission should consider requesting Chairman Morris to determine why the City's J.P.A. submitted in august 1995 was never acted upon by the County. Secondly the Commission should consider an explanation of the logic in bringing Oviedo's J.P.A. proposal to the County Commission for approval in August when no consideration has been given to the four-year-old Winter Springs submittal. Thirdly, the Commission should consider some explanation from Chairman Morris as to the intent and process by which the County plans to mediate the difference between the Oviedo J.P.A. and the Winter Springs J.P.A. Finally, the Commission should consider some comment from Chairman Morris relative to the mediation proposal suggested herein. II. Sun Shadow Utility Agreement On March 12, 1998, the City of Winter Springs submitted a proposal to provide bulk water services to the Sun Shadow Apartments. Based upon information provided by Casselberry, the City's proposal was substantially less costly. However, according to Casselberry the Staff is recommending that the agreement be awarded to Casselberry. County Utility Staff has been totally unresponsive to repeated efforts by City Staff to find out any information relative t the proposals. We are concerned about the fairness of the process. If Winter Springs' proposal was less costly why would the County Staff be recommending the Casselberry proposal? If Casselberry was allowed to amend their proposal, why was Winter Springs not afforded the same opportunity? Why has the County Utility Department been totally unresponsive to inquiries by the City? REQUEST: The Commission should consider requesting Chairman Morris to look into this matter in order to get answers to these questions and to determine if the City has been fairly treated in this matter. III. SHIP Funds Mitigating the deteriorating condition of 160 units of four-plex rental units located in the older western section of the City is a top priority, second only to the development of the City's Town Center. GAP funding will be needed to accomplish the City's goal of converting these units to ownership units. City Staff talked with County Officials regarding the possibility of acquiring SHIP funds for the project and were told that there was no chance. The City of Winter Spring accounts for a substantial amount of the SHIP funds generated in the County. The City has no SHIP supported projects. In consideration of the SHIP funds the City generates and the priority of this project, it appears the County should be more involved in forming a partnership with the City to get this project accomplished. REQUEST: The Commission should consider requesting Chairman Morris to chair a meeting with County Staff for a discussion on this project. FUNDING: None Required. RECOMMENDATION: It is recommended that the City Commission receive an updated report on annexation from the County Commission Chairman Randy Morris relative to annexation and consider providing direction it deems appropriate relative to future discussion with Oviedo, and discuss any other issues the Commission deems appropriate. ATTACHMENT: C. Carrington memo of July 10, 1998 Winter Springs Joint Planning Area Map Commission Minutes of August 14,1995 McLemore letter to G. Kaiser of July 22,1998 w/attachments COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development lVIEMORANDUM TO: Ron McLemore, City Manager THRU: Charles Carrington, AICP Community Development Director /2 Thomas Grimms, AIC~~ Comprehensive PlanninglZoni g C:ordinator FROM: DATE: July 10, 1998 SUBJECT: Preparation of a Joint Planning Areal Agreement Between the County and the City of Oviedo, On June 241\ Charles and I met with Tony Mathews, Senior Planner at Seminole County Planning Department - Comprehensive Planning Division, to discuss the draft text of a "Joint Planning Int,erlocal Agreement", Tony showed us a draft ofa map the county prepared after discussions with the City of Oviedo on its Joint Planning lnterlocal Agreement with the county. We were surprised and concerned that the outline of the boundaries of Oviedo's JPA would include areas west of the beltway (S,R, 417, the GreeneWay) to include prime lands around the Oviedo Mall and Red Bug Lake Road that have the potential for additional commercial development or for an office or light industrial park, We registered our disagreement and I pointed out that our City Commission had already adopted its JP A map on August 15, 1995 after discussions between the City staff and county staff Tony mentioned that he wasn't aware of the map. I told him that it was the JP A map that that county staff prepared as a result of the discussions. (see first attachment) This Winter Springs JP A Map was indicated in a memo to the County Commissioners from Frances Chandler. It may be noted that the most recent map prepared by the county didn't include the area that the county and City staffs agreed upon back in June and July, 1995. In fact, it didn't even reflect what the county staff produced in April, 1995, I am concerned about the discrepancy in the maps and also about the legal significance of a Joint Planning Interlocal Agreement executed between the county and Oviedo prior to one that would be executed between the county and Winter Springs. A Joint Planning Interlocal Agreement describing potential areas for future annexation would prompt a large scale comprehensive plan amendment in terms of map change(s) and text changes to Oviedo's Comprehensive Plan, If Oviedo received approval from the ' Department of Community Affairs for such a plan amendment, would DCA deny Winter Springs a similar plan amendment later if the City's map overlappped the same area that Oviedo has in its annexation area? ,. I believe the above prompts a renewed focus on the issue of what the City of Winter Springs is interested in its area of annexation, and that while much focus has been on the development of the Town Center, we may need to give more attention very soon to our area of potential annexation and preparation of an aggressive annexation program involving an incentive package, Attachment: County ~repared JP A Map for Oviedo and Winter Springs (received at the June 2411 meeting between City staff and Tony Mathews,) Memo from Frances Chandler to Board of County Commissioners dated November 15, 1995, Memo to Mayor and Commission from John Govoruhk dated August I, 1995, which includes: · Memo to John Govoruhk from John Ketteringham dated July 26, 1995; · Memo to John Govoruhk from Thomas Grimms dated July 25, 1995. Memo to Frances Chandler to Don LeBlanc dated April 12, 1995, and c: JP A File Read File . ------ I \ ~ } ~rlr' /"-- --!~/ L_, '" '., '-.... ~... {~ " 'i \ " ( \ ~t -) 8 ill ~ o <r. 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'--0 u '^ o o "'- v .' h 7' ,.II Regular Meeting City Commission August 14, 1995 94-95-27 Page 15 Mayor Bush said for the members of the public present, this would be the form to fill out if you wish to speak. Mayor Bush asked the Clerk to make the form available to the public so they can make any comments also. Commissioner Gennell suggested that it be put on the agenda that if the public wishes to speak they will need to fill out the form. Mayor Bush asked the Clerk to prepare a statement for the Commission's review at the next meeting. Commissioner McLeod suggested a sign be made which states to fill out the form if you wish to speak. Commissioner McLeod also suggested to have a check off box for public input. Manager Govoruhk stated that he has checked with D.O.T. on the speed limit on S.R. 434 and the reason they do that is they have one speed when they start construction until they finish, this way people get use to one speed and it is not changed throughout the whole construction time. 6 Manager Govoruhk said he had given the Mayor and Commission a memo on August 1, 1995, stating that J. Ketteringham and T. Grimms went to the County in regards to our annexing area. What we would like to do is have the Commission agree on the boundaries that we are putting in, that the City is now aggressively looking at annexing the whole area that is depicted on the map that was given out. The County had objections to certain areas because they have pledged water and sewer areas. The County has asked for a meeting between the Mayor and Commission, we don't have to have a meeting, but we would like to have your input, Discussion. Manager Govoruhk said the area the City has in mind is from Five Points down 17/92 to S.R. 436, which Casselberry has down to the Orange County line; Red Bug to the Orange County line. Discussion. Commissioner Gennell said she woul~ like to see this as an agenda item on our next agenda. Mayor Bush said he believes the Manager is asking that the Commission meet with the County. Manager Govoruhk said the County Staff would like to meet with the County Commission and the Winter Springs Commission. Commissioner Gennell asked'ifwe could have a workshop first before meeting with the County. Discussion, Manager Govoruhk asked if the Commission agrees with the boundaries set up and would the Commission like to meet with our Staffand the Coun,ty Commission and the County Staff in regards to that subject. It was the consensus of the Commission that they agree on both - the boundaries and meeting with the County Commission etc. ;' Manager Govoruhk said the Commission has the memo from August 8, 1995, regarding the design standards on the S.R. 434 corridor and asked if the Commission has any question on that and if they would like to meet with Staff. Discussion. Commissioner McLeod said we were asked to hold off until those people had an opportunity, one of the first things now is that we must hurry up and approve it, I disagree with that. I think we now have to have out input, that is only their input, I think it laid out nicely, rm not sure I agree with everything, those are the people that do own the property, those are the developers but I do not believe that because they own the property that it is necessarily II CITY OF WINTER SPRINGS, FLORIDA Ronald W. McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 July 22, 1998 Gary Kaiser, County Manager Seminole County 1101 East First Street Sanford, FL 32771 Dear Gary: As you know, the City of Winter Springs submitted a proposal to the County on March 12,1998 to supply water to the Sun Shadow P.U.D. Based upon the information that we have received, the City's proposal was substantially less costly than that submitted by the City of Casselberry. However, we have been told by Casselberry that the County Utility Department is recommending the agreement be given to Casselberry. We have been unable to communicate with the Utility Department on this matter. As noted in the attached memorandum of July 20, 1998 from Winter Springs Utility Director Kip Lockcuff, the County Utility Department has been unresponsive to eight different phone calls made to find out the status of our submittal. Additionally, I would like to reiterate that the Sun Shadow P.U.D. is contiguous with the City of Winter Springs but not contiguous with Casselberry. As a result any future annexation will more than likely be into the City of Winter Springs. Also, I would like to reiterate that our submittal was endorsed by the owner of Sun Shadow Apartments, by far the largest water user in the P.U.D. today and in the future. I have attached Winter Springs Utility Director, Kip Lockcuffs memorandum relative to the cost differential and David Watkin's letter of support. , would appreciate you updating me as to the status of our submittal and any additional information your staff may need relative to our proposal. I would especially like to know if Casselberry was allowed to change their proposal, and if so,' why Winter Springs was not afforded the same courtesy. Additionally, I would like copies of any and all staff reports proposed on this matter for our review and the date on which this matter is to be scheduled before the County Commission. s~ Ronald W. McLemore City Manager RWM/jp cc: Utility Director Attachment RWM/io WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407)327-0942 ~ ~~JD) JUl 2 0 1998 July 20, 1998 CITY OF WINTER SPRINGS City Manager TO: Ron McLemore, City Manager Kipton Lockcuff, Public Works/Utility Director/~ FROM: RE: Bulk Water Service to Sunshadow PUD We have still not received any response to the bulk water service proposal to the Sunshadow PUD given to Mr. Warren Wagner on March 12, 1998. Over the last 60 days I have called Mr. Wagner on at least 80ccasions and left messages requesting he return my calls. The last three messages have been left with his secretary "Tracy" who advised me that there was previously a problem with the voice mail system. [have previously spoken with Mr. Briggs ofthe'County Finance Department who advised me that ML Wagner was reviewing the proposal. Today I also left a message with Hugh Sipes, Seminole County Utility Engineer. The tast information I received from Casselberry was that they had approved a new interlocal and were waiting for County action. File WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 June 4,1998 TO: FROM: Ron McLemore, City Manager Kipton Lockcuff, P :E., Public Works/Utility Director /~ RE: Sunshadow PUD Water Service Per your request, I have checked into the status of the water service to the Sunshadow PUD. According to the City Engineer for Casselberry, their Commission has approved a new wholesale water agreement with Seminole County for water service to the Sunshadow PUD. It has been forwarded to the County for their approval. The cost in the new agreement is $0.88/1,000 gallons. The bulk water rate developed by PRMG for the City of Winter Springs was $0.56/1,000 gallons with no interconnection costs to the City or $0.78/1 ,000 with the City paying the $50,000 estimated interconneciton costs. This information was provided to Mr. Wagner on March 12th. I been unable to confirm the agreement status with Mr. Wagner this week due to his being out of town. Casselberry Water Service Agreement Winter Springs (County interconnects) Winter Springs City Interconnects Water per 1,000 gals. $0.88 $0.56 $0.78 File