HomeMy WebLinkAbout1998 12 14 Regular Item B
,
COMMISSION AGENDA
ITEM
B
REGULAR X
CONSENT
INFORMATIONAL
December 14. 1998
Meeting
MGR.V ~
Authoriz
REQUEST: The purpose of this Board Item is to request the Commission consider approving
an lnterlocal Agreement between the City and the County for the design,
construction and maintenance of the realigned sections of the requested Cross
Seminole Trail (paved and unpaved) located within the Town Center, as depicted
in Exhibit "A" of the lnterlocal Agreement.
PURPOSE:
The Community Development Department - Planning Division requests the Commission
consider approving an Interlocal Agreement between the City and the County which
addresses the design, maintenance and construction responsibilities for the requested
Cross Seminole Trail segments located within the new Town Center.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of260.012(5) F.S. which states "It is the intent of the Legislature to
officially recognize the Florida National Scenic Trail as Florida's official statewide trail
from the Florida Panhandle to the Everglades. It is also the intent of the Legislature to
encourage all state, regional and local agencies who acquire lands to include in their land-
buying efforts the acquisition of sufficient legal interest in the lands over' which the trail
passes to ensure its continued existence in a permanent location."
The provisions of260.012(3) F.S. which state "The planning, development, operation,
and maintenance of the Florida Greenways and Trails System authorized by 250.011 -
260.018 is declared to be a public purpose, and the Department of Environmental
Protection, together with other governments and agencies of the state and all counties,
municipalities, and special districts of this state, is authorized to spend public funds for
such purposes and to accept gifts and grants of funds, property, or property rights from
public or private sources to be used for such purposes."
DECEMBER 14, 1998
REGULAR AGENDA ITEM B
Page 2
CONSIDERA TIONS:
\
*
The Cross Seminole Trail which will traverse the City of Winter Springs and its
Town Center is part of the Florida National Scenic Trail.
*
Dover, Kohl & Partners has recommended that the existing alignment of the trail in
the northeast quadrant of State Road 434 and Tuskawilla Road be relocated to
enhance the economic development potential and design of the Town Center.
*
The City staff has held discussions with Schrimsher Properties, and Michael
Schrimsher has provided a letter dated June 8, 1998 agreeing to provide the land
area necessary to meet state requirements for a 2 for 1 exchange.
.
The City, on April 2, 1998, submitted a Trail Realignment application to the Office
of Greenways and Trails (OGT) of the Florida Department of Environmental
Protection.
.
On September 23, 1998, OGT notified the City that the State requires a letter from
the county transmitting a complete stand-alone realignment application. In
addition to the cover letter from Seminole County, the application must include
sketches depicting the proposed exchange parcels and a list oflandowners within
500 feet of the State owned parcel (the parcel to be surplussed).
.
On October 9, 1998, the City provided the required sketches and listing of
landowners to the county. Also included was a draft Interlocal Agreement which
addressed maintenance and construction responsibilities.
.
On October 21, 1998, the City received a letter from the county stating that staff
was reviewing the material submitted. The transmittal letter included revisions to
the proposed Interlocal Agreement.
.
City staff has reviewed the revised Interlocal Agreement and suggested minor
changes in a meeting with county staff on November 25, 1998.
.
County staff will present the Interlocal Agreement to the County commission for
their review and approval on December 8, 1998.
.
The Department of Environmental Protection Office of Greenways and Trails
conditioned the Town Center Greenspace and Trails $ 4,8000,000 acquisition
project on the formal approval by the Governor and Cabinet of the realigned Trail.
DECEMBER 14, 1998
REGULAR AGENDA ITEM B
Page 3
. The Interlocal Agreement, if approved, obligates the City, in perpetuity, to design,
build and maintain the relocated portions of the Trail within the Town Center.
· Once the Interlocal Agreement is approved by both parties, the application to
relocate the Trail will be submitted to the State Office of Greenways and Trails.
After review and approval by affected state agencies, the surplus/exchange ofland
for the relocated Trails will be placed on the agenda for final action by the
Governor and Cabinet.
FUNDING:
The City plans to apply for state and federal grants to assist in the construction of the
relocated trail. It is anticipated that maintenance funds will be obtained from a special
maintenance assessment district.
RECOMMENDATION:
Staff recommends that the City Commission approve the "lnterlocal Agreement" between
the City of Winter Springs and Seminole County for the design, construction and
maintenance of the relocated sections of the Cross Seminole Trail within the City of
Winter Springs Town Center.
ATTACHMENTS:
· lnterlocal Agreement Between the City of Winter Springs and Seminole County
for the Design, Construction and Maintenance of Certain Sections of the cross
Seminole Trail Within the City of Winter Springs Town Center.
. Letter, dated October 9, 1998, to David Schmidt and John Moore from
Charles Carrington, AICP.
· Letter dated October 13, 1998 from the office of Greenways and Trails.
· Letter, dated October 19, 1998, to Charles Carrington, AICP from Frances
Chandler.
DECEMBER 14, 1998
REGULAR AGENDA ITEM B
Page 4
. Memo from Office of Greenways and Trails dated September 23, 1998 outlining
procedure to relocate Trail.
COMMISSION ACTION:
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF
CERTAIN SECTIONS OF THE CROSS SEMINOLE TRAIL WITHlN THE CITY OF
WINTER SPRINGS TOWN CENTER
THIS INTERLOCAL AGREEMENT, HEREINAFfER REFERRED TO AS THE
'"Agreement," is made and entered into this
day of
, 1998, by the between
SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida 32771, herienafter referred to as
the "COUNTY", and the CITY OF WINTER SPRINGS, a municipal corporation whose address
is 1126 East State Road 434, Winter springs, Florida 32708, hereinafter referred to as the "CITY".
WHEREAS, the Florida National Scenic TraiIJCross Seminole Trail ('"FNST/CST') segment
is currently aligned through the heart of the Winter Springs Town Center ("TOWN CENTER") and
does not enhance the economic development potential and fundamental design of the TOWN
CENTER; and
WHEREAS, the CITY has requested that the FNST/CST be realigned to a new location
more beneficial to the community, the local and regional multi-use trail users, and the development
potential and design of the TOWN CENTER; and
WHEREAS, the CITY on April 2, 1998, submitted a trail realignment application to the
State Office of Greenways and Trails has certain rules and regulations governing the conditions
under which a property owner may request the realignment of the trial, to which the property owner
has agreed; and
WHEREAS, the State Office of Greenways and Trails has certain rules and regulations
governing the conditions under which the proposed realigned section of the trail must be acquired,
constructed and maintained thereby requiring an interlocal agreement between the CITY and the
COUNTY related to the acquisition, construction and maintenance of the proposed realigned section
of trail; and
10f4
WHEREAS, the utilization of the pilot trial section constructed within the City of Oviedo
and the City has demonstrated a need for parking and trial head facilities in addition to those
currently provided for in the COUNTY grant applications in order to efficiently and safely
accommodate trail users; and
WHEREAS, the CITY and the COUNTY desire to enter into an interlocal agreement
consistent with the rules and regulations of the Office of Greenways and Trails of the Florida
Department of Environmental Protection to facilitate the proposed realignment;
NOW, THEREFORE, in consideration of the promises, mutual convenants, and
agreements and promises contained herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by the parties, the parties do hereby covenant and
agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and form a material
part of this Agreement upon which the parties have relied.
SECTION 2. ACQUISmON OF LAND. The CITY agrees, in conformity with the rules of
the Office of Greenways and Trails of the Florida Department of Environmental Protection, to
acquire, at no cost or expense to the COUNTY, the lands and rights necessary to accommodate the
trail realignment located within the TOWN CENTER as depicted in the attached Exhibit "A".
SECTION 3. CONSTRUCTIONIDEVELOPMENT PARTNERSHIP
(a) The CITY agrees to entirely fund the design and construction of the realigned section
of the Cross Seminole Trail (paved and unpaved) lying within the TOWN CENTER
as depicted in Exhibit "A". Said construction shall be consistent with or exceed the
Seminole County Cross Seminole Trail typical design standards indicated in Exhibit
"B" and will conform with the design guidelines indicated in Exhibit "D".
(b) In recognition of the long term mutual financial benefits which shall accrue to the
CITY and the COUNTY through the development of the Winter Springs Town
20f4
Center, the COUNTY agrees to become an affinnative partner with the CITY in the
coordination and acquisition of sources of funds to construct the relocated trail
segments, the Central Winds Park and Magnolia Square Trail Heads further defined
in Exhibit "A" and located within the Winter Springs Town Center. This partnership
shall include, but not be limited to, the COUNTY continuing its programmatic efforts
pertaining to a system of trails throughout Seminole County and prioritization of such
efforts, the COUNTY submitting applications for grant resources, the COUNTY
participating in joint CITY/COUNTY applications for grant resources, the COUNTY
providing written support of CITY applications for grant resources, and joint
CITY/COUNTY/ developer participation from CITY/COUNTY/developer funds, all
being consistent with the COUNTY'S and CITY'S budgetary process and the
COUNTY'S development and implementation of a Countywide trail system and the
appointment of resources relating thereto.
SECTION 4. MAINTENANCE.
(a) Upon approval of the Trail Realignment Plan, the CITY shall pay for all
maintenance of the trail and trail heads as depicted in Exhibit "A", consistent
with current COUNTY policy relative to maintenance of trails throughout the
COUNTY as depicted in Exhibit "C".
(b) The CITY reserves the right to create a special maintenance assessment
district, consistent with State Law, to provide enhanced maintenance over and
beyond that established by general COUNTY policy relative to the
maintenance trails.
SECTION 5. STATE ROAD 434 TRAll.. OVERPASS. Design, construction and
maintenance of the trail overpass over State Road 434 shall be the responsibility of the
~ of4
Florida Department of Transportation and/or the COUNTY as determined in accordance with
State Law.
SECTION 6. INTEGRATION/ENTIRE AGREEl\tIENT. This Agreement shall
constitute the entire agreement between the parties on this subject. The parties agree that
there may be additional subsequent agreements on the issues set forth herein.
SECTION 7. SEVERABILITY. If any section or portion of this Agreement is
determined to be unlawful by a competent court of law, such determination shall not affect
the remaining terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day,
month and year below written.
ATTEST:
CITY OF WINTER SPRINGS
By:
PAUL P. PARTYKA. Mayor
MARGO M PIERCE, CLERK
Date:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
l3y:
, Chairman
MARY ANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance
of Sminole County only.
Approved as to form and
Legal sufficiency
As authorized for execution by
the Board of County Commissioners at
their , 19 _ regular
meeting.
County Attorney
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
COMMUNITY DEVELOPMENT
DIRECTOR
October 9, 1998
'... ~ .
Mr. David Schmidt, Planner
Seminole County Services Building
Planning Department
11 01 East First Street
Sanford, Florida 32771
Mr. John Moore, Jr., P.E.
Seminole County-Engineering Div.
520 West Lake Mary Blvd., Ste. 200
Sanford, Florida 32773
Dear Mr. Schmidt and Mr. Moore:
On September 23, 1998, the City of Winter Springs was advised by the Office of Greenways and
Trails (DOT) that the trail relocation application needs to include a transmittal letter from the
County, a sketch depicting the proposed exchange and a listing of landowners within 500 feet of
the State owned parcel (the parcel to be surplussed.) Enclosed is a copy of the DOT
correspondence.
Attached is a copy of the sketch depicting the proposed change and a listing of property owners
within 500 feet of the parcel to be surplussed. It is our hope that this matter can proceed quickly
so that the current governor and cabinet can consider the exchange before the end of the year.
Also enclosed is the proposed interlocal agreement, which addresses maintenance and
construction. Please review the material and telephone Shirley A. Frankhouser at (407) 327-5968
to arrange a meeting to finalize the application.
ar es . Carrington, AICP,
Community Development Director
CCC/saf
Enclosures
cc: Gary Kaiser, County Manager w/o attach
Colleen Rotella, Principal Planner w/o attach
Frances Chandler, Director Planning and Development w/o attach
Ron McLemore, City Manager w/o attach
Thomas Grimms, AlCP w/o attach
ccc\hrs\DavidSchmidlPllIIllIcr.IO-19-9X
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Department of
Environmental Protection
~~
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Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Virginia B. Wetherell
Secretary
f?~~~ ..~.~'~.' ~ ';', .
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OCT 1 919,-~.~.
October 13, 1998
~~~16~~~~~~l
Charles C. Carrington
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
RE: Winter Springs Town Center - Greenways & Trails Umd Acquisition Project
Dear Mr. Carrington:
Thank you for a most impressive presentation during the recent Florida Recreational Trails
Council meeting held in Orlando. As you may know, Winter Springs Town Center ranked
6 out of 18 projects. To help you understand the process, we are providing the following
key information:
PRE ACQUISITION
· Project files have been forwarded to the Division of State Lands (Division), to begin
the mapping and appraisal process. Upon completion of this process, negotiations
with the owner(s) will begin. Please understand these steps can take a year or more
depending upon project ranking and individual acquisition circumstances.
· Once the Division has entered into a contract with the property owner(s), the
acquisition must be approved by the Board of Trustees of the Internal Improvement
Trust Fund (Trustees).
· No federal development monies should be applied for prior to closing, as this will
complicate the process and may increase the cost of acquisition.
OFFICE OF GREENW A YS AND TRAILS
2600 Blair Stonc Road, DEP MS 795
Tallahasscc, FL 32:19Y-2400
(R50) 4RR-370 I
"Protect. Conserve and Manage Florida's Environment and Nawrot Resources"
Primed on recycled paper.
. .. '... ~
Charles C. Carrington
October 13, 1998
Page 2
POST ACQUISITION
. Following closing, the managing entity will enter into a lease agreement with the
Trustees.
. A management plan must be approved by the Trustees within twelve months of
execution of the lease. Refer to Chapter 259.032(9), Florida Statutes.
. The management plan must be developed with input from an advisory group made up
of, at a minimum, representatives of the lead land managing agency, co-managing
entities, local private property owners, the appropriate soil and water management
district, a local conservation organization, and a local elected official. The advisory
group must hold at least one public hearing. Refer to Chapter 259.032(10), Florida
Statutes.
. No development can occur on the property prior to approval of the management plan.
All native flora and fauna must be protected.
The Office of Greenways and Trails (OGT) is available to guide you in the planning and
development of your project. Please do not hesitate to contact OGT's technical
assistance staff at (850) 488-3701 should you need assistance.
Sincerely,
Robin Young, Acting Director
Office of Greenways and Trails
RY:mm
cc: John Browne, Division of State Lands
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~ ,tf1l OFFICE OF GREEN WAYS AND TRAILS ~
2600 Blair Stone Road, DEP MS 795 V
Tallahassee, FL 32399-2400
(850) 488-370 r
ADMINISTRA nON
PLANNING AND DEVELOPMENT DEPARTMENT
October 19, 1998
Mr. Charles C. Carrington, AICP
Community Development Director
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
Dear Mr. Carrington:
We are in receipt of your recent submittal of information regarding the proposed trail re-
alignment and the information provided based upon your correspondence with the Office
of Greenways and Trails. My staff is reviewing the information provided. This
information should be reviewed in short order, at which time I will contact you to finalize
the package to be submitted to the State OGT for review.
Based upon my recent discussions with Commissioner Cindy Gennell (who is also the
Chairman of our Trails Task Force), I am forwarding to you revisions to the draft
interlocal agreement you forwarded, regarding maintenance and construction of the
portion of the trail proposed for re-alignment. Please advise me so that I can schedule the
item for a future County Commission agenda.
Should you have questions please contact me at 321-1139, extension 7397.
Sincerely,
~f~
Frances Chandler
Planning and Development Director
cc: Ron McLemore
Gary Kaiser
1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 321-1130 EXTENSION 7397 FAX 328-2576
----.-
Charles Carrington
From:
Sent:
To:
Cc:
Rick Halvorsen TAL 904/488-3701 [SMTP:HAL VORSEN_R@dep.state.fl.us]
Wednesday, September 23, 1998 2:52 PM
Paul Hawker TAL
Louie Wainwright TAL; Jack Maynard TAL; Robin White TAL; Marsha Messersmith TAL;
Samantha Browne TAL; Tracy Peters TAL; dschmidt; crotella; carringt@digital.net
Winter Springs Swap
Subject:
Paul,
As you requested I have reviewed the package sent from Winter Springs
concerning the proposal for a surplus/swap to realign the Cross
Seminole Trail to accommodate the proposed Winter Springs Town Center.
The info provided by Mr. Carrington, dated September 3,1998, appeared
to be an update of what Winter Springs has accomplished to date.
Except for the items listed below, it looks like the City is ready to
submit the proposal to Seminole County for review.
There is required data that we still have not seen. including a letter
from Seminole County. I suggest that you request that OGT be provided
with one, stand alone, completed package that is brief, yet thorough,
and contains all of the required information, under one cover letter
from Seminole County.
The City can compile the data but the completed package must be sent
from the County via a letter from the County stating that the County
is requesting the swap. This way we will know that the County is not
only supportive of the concept but is recommending that OGT take
action on the realignment locations contained within the proposal.
David Schmidt is our County contact but as I understand from David,
Colleen Rotella is the lead County staff for the Winter Springs swap.
/
Concerning the final items needed in the proposal, on 3/16/98, the DSL
Bureau of Public Land Administration informed us that: To proceed
with the exchange we need to receive, at a minimum, sketches depicting
the proposed exchange parcels, a list of landowners within 500 feet of
the state parcel, and a memo from OGT, as the applicant in this
agency-initiated exchange, explaining what is proposed and why it
(OGl) supports the exchange.
Before OGT can take any action, we need a lelter from the County,
transmitting a complete, stand alone proposal to OGT review.
As I recall, we have not seen the following in Mr. Carrington's
correspondence:
1) A cover letter from Seminole County
2) Sketctles depicting ttle proposed exchange parcels (we have a
location map bull have not seen a sketch of lhe actual parcels
proposed for ttle swap).
Page 1
/
/
/
/
3) A list of landowners within 500 feet of the state owned parcel
(i.e.. the parcels to be surplussed). The list should come from and
contain the information in the tax roles.
Again, the City of Winter Springs should provide the completed
proposal to the County for review; and then the County needs to
forward it as "the County's proposal to OGT for review."
A scheduled conference call is an option if you think further
coordination is necessary. The conference call could include the City
(Charles Carrington), the County (David and/or Colleen) and OGT (you
and me) and possibly someone from DSL.
In summary,
The first step is for the City to provide the completed proposal to
the County for review and approval.
The second step is for the County to forward the proposal to OGT for
review as the County's proposal.
The third step is for OGT to submit the proposal to DSL as OGT's
proposal.
- Rick
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