HomeMy WebLinkAbout1999 04 26 Public Hearings Item C
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
April 26. 1999
Meeting
REQUEST: The Community Development Department requests the Commission hold a
public hearing and adopt the proposed Interlocal Agreement between the City and
the County addressing the design, maintenance and construction for the
relocated Cross Seminole Trail segments located within the new Town Center
scheduled for second reading and adoption on April 26, 1999.
PURPOSE: The purpose of this agenda item is to execute an Interlocal Agreement between
the City and the County for the design, construction and maintenance of the
realigned sections of the Cross Seminole Trail (paved and unpaved) located
within the Town Center, as depicted in Exhibit "A" of the Interlocal Agreement.
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
APRIL 26, 1999
REGULAR AGENDA ITEM D
Page 2
of this state, is authorized to spend public funds for such purpose and to accept gifts and grants of
funds, property, or property rights from public or private sources to be used for such purposes."
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 ihas 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 surplused).
· On October 9, 1998, the City provided the required sketches and listing oflandowners 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 S-tE-ff was
reviewing the material submitted. The transmittal letter included revisions to the proposed
Interlocal Agreement.
· The City Staff reviewed the revised Interlocal Agreement and suggested minor changes in
a meeting with County Staff of November 25, 1998.
· County Staff presented an Interlocal Agreement to the County Commission for their
review and approval on December 8, 1998.
· The City Commission tabled consideration of the Interlocal Agreement on December 14,
1998, January II, 1999, January 24, 1999, February 8, 1999 and on February 22, 1999.
APRIL 26, 1999
REGULAR AGENDA ITEM D
Page 3
· The Department of Environmental Protection, Office of Greenways and Trails conditioned
the Town Center Green~pace and Trails $4,800,000 acquisition project on the formal
approval by the Governor and Cabinet of the realigned Trail.
· The InterJocal 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 InterJocal Agr~ement is approved by both parties, the application to relocate the
Trail will be submitted t9 the State Office of Greenways and Trails. After review by
affected state agencies, ~he surplus/exchange of land for the relocated Trails will be placed
on the agenda for final aption by the Governor and Cabinet.
· The City Commission on March 8, 1999, tabled consideration of the InterJocal Agreement
and rescheduled the age?da item for public hearing on April 26, 1999.
FUNDING:
The City plans to apply for State and Federal grants to assist in the construction of the relocated
trail. It is anticipated that main(enance funds will be obtained from a special maintenance
assessment district.
STAFF RECOMMENDATION:
Staff recommends that the City Commission approve the "InterJocal 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.
A TT ACHMENTS:
· Interlocal Agreement between the City of Winter Springs and Seminole County for the design,
construction and maintenan~e of certain sections of the Cross Seminole Trail within the City
of Winter Springs Town Cehter.
· Letter dated October 9, 1998, to David Schmidt and John Moore from Charles C. Carrington,
AICP.
· Letter dated October 13, 1998 from the Office of Greenways and Trails.
· Letter dated October 19, 1998 to Charles C. Carrington, AICP from Frances Chandler.
APRIL 26, 1999
REGULAR AGENDA ITEM D
Page 4
· Memo from Office of Greenways and Trails dated September 23, 1998 outlining procedure to
relocate Trail.
COMMISSION ACTION:
INTERLOCAI., AGIU:E/VIENT BETWEEN THE CITY OF WINTER SPHINGS AND
SEMINOLE COUNTY FOH THE DESIGN, CONSTI~UCTION AND MAINTENANCE OF
CERTAIN SECTIONS OF THE CROSS SEMINOLE TI~AIL WITHIN THE CITY OF
WINTER SPRINGS TOWN CENTER
Tl-ns INTERLOCAL AGREEMENT, HEREINAFTER 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 Trail/Cross 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
I cd't1
\VII EI~E;\S, the lItili/.alion or the pilot trial section constructed within the City of" Ovicdo
and the City has demonstrated a nccd ror parking and trial hcad L1cilitics in addition to those
currently provided for in the COUNTY grant applications in order to emciently 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. ACQUISITION 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. CONSTRUCTION/DEVELOPMENT 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
Seminolc County Cross Seminole Trail typical design standards indicated in Exhibit
"8" and will conform with the design guidelines indicated in Exhibit "D".
(b) In recognition of the long term mutual financial bencfits which shall accrue to the
CITY alld the COUNTY through the developmcnt or- the Winter Springs Town
)ol"t!
Cellter, the COUNTY agrees to become ,Ill affirmative partller with the CITY in Ihe
coordination and acquisitioll of sources of funds 10 construct the relocated trail
segments, the Central Winds Park and Magnolia Square Trail I-leads 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 TRAIL OVERPASS. Design, construction and
maintenance of the trail overpass over State Road 434 shall be the responsibility of the
.; (\":1
Florida I)cP;lflll1Clll orTra/lSpOrlalioll a/ld/or [he COUNTY as dclCrllli/led ill ~Iceorcla/lcc wilh
Stale Law
SECTION 6. INTEGRATION/ENTIRE AGREEMENT. This Agreemcnt shall
constitute the entirc 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 tcnns 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 WfNTER SPRINGS
MARGO M. PIERCE, CLERK
By:
PAUL P. PARTYKA, Mayor
Date:
BOARD OF COUNTY COMMISSIONERS
SEMlNOLE COUNTY, FLORlDA
Dy~4
CARLTON HENLEY, Chairman
Date: / 2/ ;2; /9[(
( I
For the use and reliance
of Seminole County only.
Approved as to form and
ega lfficiency
As authorized for execution by
the Board of County Commissioners at
their De.. c.,:i , 19 <,' 'Y regular
meeting.
t1 or 4
CITY OF WINTER SPRINGS, FLORIDA
COMMUNITY DEVELOPMENT
DIRECTOR
1 126 EAST STA TE ROAD 11311
WINTER SPRINGS, FLORIOA 327013
Telephone (1107) 327-1800
October 9, 1998
Mr. David Schmidt, Planner
Seminole County Services Building
Planning Department
1101 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 (OOT) 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 OOT
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 interlocaI 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 wlo allaeh
Colleen Rotella, Principal Planner wlo allach
Frances Chandler, Director Planning and Development w/a attach
Ron McLemore, City Manager wlo attach
Thomas Grilllllls. /\ICP wlo ;lltach
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Department of
Environmental Protection
Laww/l Chiles
Governor
Marjory SlOnell1~1l Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Virginia B. Wetherell
Secretary
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October 13, 1998
CffY OF WiNH:j{ ~~~~HiB.~
~mm~~t.Y O(W_atopme:O~
Charles C. ~arrington
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
RE: Winter Springs Town Center - Greenways & Trails Land 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
o 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 InternaUmprovement-
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 or; GI~EENWA YS AND TRAILS
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Charles C. Carrington
October I J. 1998
Page 2
POST ACQUISITION
o 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<l.gency, 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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/'LANNING ANI) D[VUOPM[NT OEl'AHTMENT
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: ROil McLClllort.;
Gary Kaiser
IIOIl:1\'.,lllll~1 \11"1.1 S,\,'.:IOIU)i"1 :I'U71.I.H,1l TUI'I'IIONl:(.I07l:UI-11:W rXTI:NSION7:!'J7 FAX:1LIl.'L57(,
CIl<J(lcs C;lrrinqlOn.
Rick Hnlvorsen TAL 904/41313-3701(SMTP:HALVORSEN_R@dep.stnte.f1.usl
Weclnesdny, September 23, 19913 2:52 PM
Pnul Hawker TAL
Louie Wainwright TAL; Jack Maynard TAL; Robin White TAL; Marsha Messersmith TAL;
Samanlha Browne TAL; Tracy Peters TAL; dschmidt; crotella; carringt@digital.net
Winter Springs Swap
. . JIll:
Sent:
To:
Cc:
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
:n the County via a letter from the County stating that the County
'- , equesting 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 thaI: To proceed
with the exchange we need to receive, at a minimum, sketches depicting
the proposed exchange parcels, a list of landowners within 500 feel of
the state parcel. and a memo from OGT. as the applicant in this
agency-initiated exchange, explaining what is proposed and why it
(OGT) supports the exchange.
Before OGT can take any action, we need a letter (rom (he County,
transmitting a complete, stand alone proposal to OGT review.
As I recall. we IlaVC 1I0t seen tile following in Mr. Carrington's
correspondence:
1) A cover letter from Semillole County
2) Skctcll(:s (Jcpiclinq Il1e p(OpOS(:<1 excll:1I1qe p:l(eel:; (we I,:IV(:;I
IOCllioll 111:1f> IllllllI;Jve llot :;e(:n ;1 :;ketell of Il1e :lelll;11 p;lIe(:I:;
\}o:;e<l fo( Ille :;W:lp)
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3) A list Of landowners willlin 500 feet of 1I1e slale owned fJarcel
(i.e., the parcels to be surfJlussed). Tile list should corne from and
contain tile information in tile 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 Hthe County's proposal to OGT for review.H
A scheduled conference call is an option if you think further
coordination is necessary. The conference call could jncl~de 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.: .
,-.P
.,
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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