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HomeMy WebLinkAbout1998 09 14 Consent Item F COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular September 14. 1998 Regular Meeting Mgr. / Dept. Authorization F. Approval of Minutes of August 3.1998. SPECIAL MEETING CITY COMMISSION AUGUST 3, 1998 The Special Meeting of the City Commission was called to order by Deputy Mayor Cindy Gennell at 6:33 p.m. ROLL CALL: Mayor Paul P. Partyka, present (6:40 p.m.) Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present (6:38 p.m.) Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Commissioner Gennell mentioned that there is a gentleman that does boat tours on Lake Jesup and the St. John's and said that this man has graciously offered to take the entire Commission and whatever Staff members the Commission wants, on a free tour on Lake Jesup, on a week day. Commissioner Gennell suggested a day in October as the weather is cooler. The Commission was in agreement; Commissioner Gennell said she would get with this person and come back to the Commission with dates. Commissioner McLeod gave the Commission a copy of something that was handed out to the Commission at the last meeting, regarding a $600.00 bill from the Law offices of Frank Kruppenbacher, which was for Air-Pak, Commissioner McLeod's business. Commissioner McLeod explained the bill. Commissioner Miller congratulated the City Manager for convincing Barnett Bank to stay in Winter Springs for an indefinite period of time. Manager McLemore stated that he is working on an appropriate announcement with the Bank and will get back to the Commission with more information. Discussion of Annexation Boundary Lines: Manager McLemore stated he and Staff have been doing a lot of "line drawing" on maps trying to come up with some proposals, including the existing proposal as it is. In reviewing this in terms of how to operationalize it; we have a couple alternatives and those are: I) develop our own proposal and give it to the County and say "they" have one in front of you and we have one in front of you, which one are you going to take. 2) if we could, on the continued efforts to try to get some dialog between Oviedo, and us which we would wind up going to the County with some kind of agreed boundaries between the two Cities. Manager McLemore said in checking with the City of Oviedo (today) they denied that anything has been formally stated and that they were unwilling to talk to us. Manager McLemore said a third option is to test the legally of what the County is trying to do and said he has asked Attorney Guthrie to look into that on the basis of the Compo Plan concurrency issues or others, where we can take the entire concept that the County is trying to deal with in terms an agreement between them and another City without an effected City being involved in the agreement. Special Meetinl! City Commission AUl!ust 3.1998 97-98-38 Pal!e 2 Manager McLemore said a fourth strategy is to go in and ask the County Commission to delay actions on this proposal (that is going before them on the 25th) in order to allow the County Staff and our Staff to interact in relative to areas that we could agree on, that the County Staff could go back with some change in this proposal with Oviedo that would be satisfactory to us; secondly, we need time to layout our proposal if we are going to give the County our proposal on the 25th, we need additional time to put something together that would be advantageous to us. Manager McLemore said in the meeting that he had (this past week) with the County, they said they wanted to bring into any discussion relative to our Joint Planning Area, what is going to be our posture relative to the County utility system, which really gets at the "guts" of this whole issue. The County is basically saying that before they will accept any Joint Planning Area from us (Winter Springs) they want an agreement on utilities. Discussion. Manager McLemore said we need to prevail upon the County Commission to delay this process and allow us to work with their Staff and with some direction from the County to work with Oviedo, to see if we can come up with a negotiated agreement. Manager McLemore said if they refuse that time, then he suggests the other alternatives and that is show up on the 25th with our plan or litigate. Manager McLemore said another alternative is to do nothing. Manager McLemore said he feels that we should ask the County to delay this action to try to give all of our Staffs time to work together and said we may be able to come up with a proposal to amend (to some degree) that agreement to the point where it is satisfactory to us. Manager McLemore said he needs to get a "feel" as to where the Commission wants to go with this. Mayor Partyka stated that he and the City Manager have both talked to Gene Williford and said from his stand point, he has a strong feeling that Mr. Williford and Bob Dallari (Oviedo Council Chairman) do want to talk to us, except Mr. Dallari is extremely busy and said he (Mayor Partyka) emphasized to Mr. Williford that whatever can be done to expedite these initial discussions (even with his schedule) would be good for both of us and Mr. Williford agreed with that. Mayor Partyka said he believes that he and Manager McLemore both have the feeling that at least from Mr. Williford's standpoint that we want to do those initial discussion. Manager McLemore said he did have a call into Mr. Williford, but stated that Mr. Williford has not returned the call but said he expects to get the call from him first thing in the morning. Manager McLemore said if we had a declaration from the City of Oviedo that they support us sitting down and talking, maybe that gives the political opening for Commissioner Morris to "slow down". Discussion. Special Meetinl! City Commission AUl!ust 3. 1998 97-98-38 Pal!e 3 Commissioner Martinez stated that based upon what he has seen and learned since he has become Commissioner, he believes that we in the City of Winter Springs and the City Manager has a clear picture of what it is that we want to do in Winter Springs and said he would think that the City Manager's first option would be the most viable one, whereby the Manager will prepare a map and present it to the County stating our position on what it is we want. Commissioner Martinez said option 2 is litigation and said he doesn't think it would do any good, it would set us apart and create friction between the City and the County and it wouldn't be in the best interest of all concerned. Option 3, continue dealing with the City of Oviedo, said he would not discard that option but he would say that it would be best to proceed with option 1 while the Manager continues to deal with Oviedo because in the past we have not be successful and while we have been waiting for a date to be set for discussions; they (Oviedo) has already submitted (according to what Commissioner Morris said at our meeting) their own map to the County, with a line that is drawn to the east. Commissioner Martinez said in view of what has transpired up to date, in order to benefit the City of Winter Springs and its people, he feels that option I, would be the best course of action to follow. Commissioner Blake stated that he feels the City should do all options with the exception of the fourth, which is do nothing. Commissioner Blake said he feels we should do all of the options in order, the first being asking for a delay and if not have our map ready for the County and on the County's agenda to be taken up at the same time as the map that Oviedo is preparing. Commissioner Blake said in the event that our map is not reviewed or given fair hearing, and said that he feels that the City should go forward towards litigation, and said this is a subject that is too impo'rtant for the sustainability of the City of Winter Springs and said we cannot sit back and do nothing. Manager McLemore said it is clear not that it is not just a map. We have looked at the agreement between the County and Oviedo and said the interlocal agreement is not just to set a boundary, there is a set of other conditions that are being laid out and that is what makes it difficult in terms of trying to get to the County on the 25th with an interlocal agreement. Commissioner Blake said if the County does not want to give us sufficient time to work out some of the other questions, such as infrastructure, then said he thinks we have to go forward as we would if we were a single sovereign entity that didn't have boundaries of that sort. Manager McLemore said there is a CALNO interlocal governmental mediation agreement. agreement. provlSlon of a required mediation, the Commissioner Gennell explained the Commissioner Gennell said that the agreement binds the entities to sit and talk, there is no mediator, and said the decision is not binding. Discussion. Commissioner Gennell asked if the County acted on the City of Winter Springs' proposed lines. Special Meetinl! City Commission AUl!ust 3.1998 97-98-38 Pal!e 4 Manager McLemore stated we do not have an answer on that as of yet. Tom Grimms, Planning Division Coordinator, stated that he believes that the County Commissioners did not bring that up and did not take any action on it. Mr. Grimms said it is his recollection that the City dealt with the County Staff and we told the County Staff that the Winter Springs Commission had voted by consensus to adopt that as the J.P.A. and said the County Staff was informed and stated after there was a meeting with Larry Sellers, (the then) Public Works Director and the Comprehensive Planning Staff and said they all agreed that before we take this to the County Commission, we need to wait on a County sewer and water study to be done. Mr. Grimms stated that the City of Winter Springs' J.P.A. did not formally go before the County Commission and to the best of his understanding, the County Commission never acted upon it. Commissioner Blake stated that the City needs to get the records that show that the County has dealt with this and asked that this information be back to the Commission by next Monday's meeting. Much discussion on this subject. Mayor Partyka summarized the discussion. We need to get the definitive decision from the County to make sure we know what they did or didn't do; depending on how that goes, that actually maybe our current plan up there and said therefore we should get full consideration and said like all negotiations, it is always good to negotiate from a strength. Mayor Partyka said the Commission agrees that we need to follow through with our plan, to get our maps on the table with all data and be ready to present that on August 25th at the County Commission meeting. Concurrently, we need to continue talking (if possible) with the City of Oviedo, if that is what the City of Oviedo wants to do. Mayor Partyka then stated that the final option is litigation, but prior to litigation - there is always the use ofCALNO and invoke the mediation clauses ofCALNO. Manager McLemore said what needs to be thought through, is the sequence of all these issues. Manager McLemore said the point is where do you "play" the mediation; do you allow them to take action on the 25th? Manager McLemore said he doesn't think so, and said the Commission has to be ready, based upon the agreement, we would invoke this at this point in time. Manager McLemore said he feels we need a definitive answer from Oviedo in writing. The Commission was in agreement that the City Manager knows what the Commission wants and to go forward with what needs to be done. Manager McLemore said he will request that the County delay their decision at the County's meeting next Tuesday, the 11 tho Special Meetinl! City Commission AUl!ust 3. 1998 97-98-38 Pal!e 5 Discussion on whether the Commission should attend the County meeting on the 11th. Manager McLemore said the Mayor will be the spokesperson for the Commission and it would be advantageous for any Commissioner to attend. Commissioner Blake suggested the Commission hear item B before item A. B. Discussion on Communi tv Pool Brook Seal, Parks and Recreation Director, gave his presentation. Mr. Seal stated that there are three parts for the Parks Capital Improvement program over the next couple years. It is important that they know in what direction the Commission wants to go. The first of the three parts, the Commission has already begun and that is hiring an architect to do the engineering design to improve the outside parks. Mr. Seal stated that there are no funds available or identified to do it, but the planning is in process and asked when and how will the funds become available. Mr. Seal stated that the design will be finished by the first of October. Mr. Seal said part two is the swimming pool. Mr. Seal stated that the Commission received the proposal in their packet. Mr. Seal said the third part is things the Parks Department would like to get done in concert with the swimming pool. Mr. Seal said this is a large package and said it does not include land acquisition and does not include another Little League Complex. Mr. Seal said with regards to the swimming pool, the idea would be, that the swimming pool would go on (what is now) the amphitheater land and it would be build in concert with using that also as an amphitheater. Mr. Seal said it will not destroy the amphitheater at all, that it would enhance it. Much discussion on the pool. Manager McLemore stated building a pool is an integrated decision process, because there is not a simple answer for every type of alternative. Manager McLemore said there are basic questions that has to be satisfied then you can decide what you want: is the pool to be self-supporting or not? If the pool is to be self supporting then you have to build what was shown (a water park); Do you want it to be a neighborhood pool or a community pool? If it is a neighborhood pool, it will loose money - a community pool tends to make money; How do you desire the pool to be used? Is it going to be a type of pool that will support traditional swimmers or a pool to support swimmers and small children, or will it be a pool that would accommodate small children, traditional swimmers and competition and programming. If you are going to go to that complex, more community oriented pool, then you are back to be with a self supporting, community wide and complex. Discussion. Special Meetine: City Commission Aue:ust 3, 1998 97-98-38 Pae:e 6 Manager McLemore stated the real question is priority. Manager McLemore said in terms of priority in which he considers to be number one in this community is the rehabbing and dealing with the housing area in the community; Manager McLemore said there is 160 units which generates almost 40% of the crime in the City and said that will cost between 1 and 2 million dollars to deal with it successful. The second priority (to the Manager) is matching State Grants that we will have to match for the Town Center, regardless if we get a master developer, if we get the Grant it will mean probably a million to 250 thousand dollar match from the City, we could build the core of the Town Center. If the Town Center happens in more ofa compact time, with a master developer, the infrastructure of that is estimated to be about 20 million dollars, of which a portion we will be asked to build in order to attract a major developer. Manager McLemore said we have all stated that we think the neighborhood parks are very important, in terms of priority and said we see (roughly) a million and a half dollar price for that. Manager McLemore stated that successful organization pick from one to five goals (and no more) and "zero" in on those goals and get them done. Manager McLemore stated he doesn't know where a pool fits into all of that. Discussion. Motion was made by Commissioner Martinez to table this indefinitely until such time as the Manager can come up with list of priorities and until such time that we have gotten rid of the number one or the number two priority that we need to, on this Commission and at such time we may have more information from Mr. Seal, from the Manager, we may have better figures and we maybe better equipped to deal with a pool issue that at this time. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. Mayor Partyka called a recess at 9:25 p.m. Mayor Partyka reconvened the meeting at 9:40 p.m. Discussion of the Evaluation and Appraisal Report (EAR): Tom Grimms, Community Development Planning Division, gave his presentation. Mr. Grimms stated that this is required by Florida Growth Management Program as indicated in Chapter 163, Florida Statutes and said the turn-around has generally been a five year turn-around and said that has been extended to seven years. This basically is an evaluation and appraisal report of the City's Comprehensive Plan. It gives an assessment, basically of what we are suppose to do, wanted to do, and what we have done over that period of time, since the adoption of the Comprehensive Plan (in April 1992). The Commission in September, should consider adopting the EAR with any addition or changes, and said we have one year from that time to adopted EAR based amendments Special Meetine: City Commission 'Aue:ust 3. 1998 97-98-38 Pae:e 7 and said if we don't the penalty is that cannot adopt any small or large scale Comprehensive Plan amendments to the Compo Plan until these are done. Attorney Guthrie stated that basically if the City does not have an affected EAR in place, either by not submitting one or submitting one that is found to have deficiencies that aren't corrected, there is a sanction of not being able to submit plan amendments and said that is an important consideration. Attorney Guthrie said what we commit to in the EAR is one thing, and said it doesn't preclude us from making other plan amendments as we had power throughout the comprehensive planning process; and said even if the Commission recognizes changes that they might desire to make over and above what is in the EAR and what has been commented upon, the Commission does not necessarily have to commit to that in the EAR, the Commission can do that at their own tempo, but said if it is committed to be done in the EAR, then you have to meet the time frame of one year. Attorney Guthrie said with the EAR document in place, there certainly can be changes but the changes we make we have to "live" with in terms of being willing to consider and make the changes within the one year process or we face the sanction that was outlined by Mr. Grimms and that is in State Law. Attorney Guthrie reminded the Commission that what is in the EAR has to be done, and over and above that we can make additional changes to the Compo Plan just as we would if we weren't in the EAR process. Mr. Grimms mentioned that the Planning and Zoning Board, as the Local Planning Agency, spent quite a bit of time going over the drafts and they have made a number of changes, which was forwarded to the consultant, and said the changes are included in the document. Mr. Grimms said the EAR was sent to Tallahassee on June 3rd, meeting the 9J-33 deadline for Seminole County and said this workshop is to explain the EAR to the Commission. Fred Goodrow, consultant, reviewed the Evaluation and Appraisal Report with the Commission. Mr. Goodrow said this is an audit of the Comprehensive Plan and said it requires that certain recommendations are made based on the analysis that is done. Mr. Goodrow said one of the things that he always has done in doing EAR's is start out very generalized in the recommendations that he presents. That is generalized in terms of anything that is not a statutory requirement, if there is something that is missing or if there is a problem because of a specific statutory requirement, then the recommendation has to be fairly specific, but for the most part, these are general recommendations about the kind of things you ought to do and how you ought to do them. It would be up to the Commission (as the Attorney said) to determine that maybe the Commission would want to say something more specific. Mr. Goodrow said he recommends against that and said he advises the Commission to be as general as possible. Special Meetinl! City Commission AUl!ust 3, 1998 97-98-38 Pal!e 8 Mr. Goodrow reviewed the different section of the EAR with the Commission. Tom Brown, 717 Adidas Rd., member of the Planning and Zoning Board, stated that Mr. Grimms and Mr. Goodrow have done a good job on the EAR. Mr. Brown mentioned that he attended a seminar regarding the EAR. Mayor Partyka stated that he and the Commission than the Planning and Zoning Board for their efforts. Manager McLemore asked about annexation. Mr. Goodrow stated that annexation is talked about in the Inter-governmental Coordination element. Discussion. Motion was made by Commissioner Martinez to direct Staff to move the EAR to Public Hearing at an appropriate Commission meeting. Seconded by Commissioner Blake. Discussion. Commissioner McLeod stated that the EAR should address annexation issues. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Discussion on holding a workshop on the EAR. It was the consensus of the Commission to not have a workshop on that issue. Commissioner Gennell stated that the V.F.W. had their sign removed and said it has been there for 20-30 years and asked the City Manager if we can arrange to have a sign for them (like the Grove Counseling Center). Manager McLemore said if it is consistent with the City's sign ordinance, yes. Commissioner Gennell said there are two locations, one on S.R. 434 and the other on S.R. 419. Commissioner Gennell said the Commerce & Industry Board has a meeting coming up and suggested (based on the conversation during the budgeting process) that the Commission invites the Commerce & Industry Board to come and sit with the Commission to discuss the future of the Commerce & Industry Board. Manager McLemore mentioned that a Public Meeting will be held on Thursday, August 6, 1998, at Indian Trails Middle School, at 7:00 p.m. to talk about the Lighting and Beautification District for Tuscawilla. The meeting adjourned at 10:58 p.m. APPROVED: Respectfully Submitted, PAUL P. PARTYKA, MAYOR Margo M. Hopkins, City Clerk Special Meetinl! City Commission AUl!ust 3.1998 97-98-38 Pal!e 9 Adjournment. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department ADA Coordinator, 48 hours in advance of the meeting (407) 327-1800. Persons are advised that if they decide to appeal any decision made at these meetingslhearings they will need a record of the proceedings and for such purpose, they may need to insure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based per Section 286.0105 F.S.