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HomeMy WebLinkAbout_1998 11 16 City Commission Special Minutes SPECIAL MEETING CITY COMMISSION NOVEMBER 16,1998 The Special Meeting of the City Commission was called to order by Mayor Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, absent City Manager Ronald W. McLemore, absent Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka mentioned that he would be leaving to go to the City of Oviedo to present the Mayor's Cup to the winning City, between the City of Winter Springs and City of Oviedo, by the Pop Warner Football League and said he has challenged the City that we will "beat" them next year. Mayor Partyka also mentioned that he talked to Commissioner Haygood, Chairman of the Oviedo City Council and said that Chairman Haygood suggested that he would like to see some kind of a Joint Planning Agreement meeting between our two City Commissions. Mayor Partyka said he has a letter to give to the City of Oviedo stating that the Mayor and Commission of the City of Winter Springs agrees to a meeting and that we (Winter Springs) offers to host for this at an agreeable time, with a dinner at about 6:00 p.m., followed by discussion at about 7:00 p.m. Mayor Partyka said the Commission will get a copy of the letter. Commissioner Blake said for the record, the City of Winter Springs initiated this and not the City of Oviedo. Motion was made by Commissioner Blake authorizing the Mayor to deliver to the City of Oviedo Council this evening. Seconded by Commissioner Martinez. Discussion. V ote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Mayor Partyka read the letter (he will be presenting to the Oviedo Council) to the Commission. Mayor Partyka said his intend, depending on the length of the discussion, is to start with the Executive Session with the Commission and said he will leave about 6:45 p.m. and said he will be returning right after he presents the Mayor's Cup. Attorney Guthrie said he received from the County Attorney's Office, a copy of the proposed Adult Entertainment Ordinance, . and said copies will be provided to the Commission. Special Meeting City Commission November 16. 1998 97-98-50 Page 2 Attorney Guthrie said the City received a letter from Mr. Lindhart, who has asked to make comments to the Commission before the Closed Executive Session and said that is the Commission's discretion. It was the consensus of the Commission to hear Mr. Lindhart. Mr. Lindhart thanked the Mayor and Commission for the opportunity to talk to them before the Executive Session. Mr. Lindhart thanked the Commission for their previous actions that has gotten them to this point. Mr. Lindhart said the City has gone through the process of amending it's Comprehensive Plan, annexing the property into the City. Mr. Lindhart said D.C.A. came back with an in compliance finding and said at this point we are in a situation of the following: the Department of Community Affairs, the City and property owner are on the same side of the issue and stated that there were challenges filed by Oviedo, the County and a Homeowners Group; after going back and forth on the wording on a proposed settlement, it appears that tonight we are very close. Mr. Lindhart said that he spoke (this afternoon) to the City Attorney for Oviedo and said Mr. Guthrie has also spoke with Oviedo's Attorney and they (Guthrie and Lindhart) both spoke with the County's Attorney and said at this point it appears that the parties are very close to the final comments for the County and stated that the County is prepared to go forward (tomorrow) and adopt this settlement stipulation and settle this case. Mr. Lindhart said the "fine tuning" the County Attorney did between the last time this came forward and tonight has also been approved and recommended by the of Oviedo's Attorney. Mr. Lindhart said they are pleased and said they are anxious to go forward if this matter is settled by all the parties, and said they would have a situation to go forward and complete the transaction with the sale of the property to U.S. Homes and precede with the development in accordance with the stipulations and said that they will be back before the City for all reviews and compliance with all the City's subdivision requirements and so forth and then the disposition of the balance of that land to the Water Management District, or whichever program that the City directs them to give it to, would bring this to a close. Mr. Lindhart said there are other global issues, and said perhaps what has been accomplished is a recognition that there would be the ability in the future for inter- governmental relations between the two Cities to be conducted. Commissioner Blake asked if the copy that the Commission just received differs from the most recent copy that he has which was November 13, 1998 and said that number 7 has some changes and asked if that was the only change. Mr. Undhart said that is correct and asked if Mr. Guthrie had briefed the Commission on the new change. Mr. Guthrie said he has not gone over that with the Commission as yet. Mr. Lindhart said there was a memorandum from the County Attorney that went out to the various parties today and said this agreement incorporates those modifications and said that is what the County is prepared to act on tomorrow and what Oviedo is prepared to act on tonight. Special Meeting City Commission November 16.1998 97-98-50 Page 3 Attorney Guthrie said what the County Attorney was responding to was the November 13, 1998 draft and said that reflected Oviedo's most recent change. Attorney Guthrie said at the last Executive Session the Commission held, the Commission proposed some changes (November 2, 1998) and said a revised agreement came out on November 9, 1998 and then that in turn was changed again and those changes are reflected in the November 13, 1998 draft, which is this draft with the changes that the County says they support. What the County supports is what is in the November 13, 1998 version, plus these changes; number 7, is in an effort to graphically show what the eastern area is, where no one will annex, in other words we'll use a map than have the debate about contiguous to and exactly what is meant to be covered. The change on 9-B, is to make paragraphs 8 and 9 (dealing with the amendment respective to the Comprehensive Plans of the City of Winter Springs and Oviedo) to make those mirror images, and said both of us agree to change the plan to do the same things. Attorney Guthrie said the memorandum also attempts to answer a question that was raised by the City Manager and himself to Mr. Lindhart and Mr. Clount regarding a particular sentence, and that was to put an interpretation on that with regard to the nature to the prohibition about not going beyond your urban rural boundary and what was exactly meant by that. Commissioner Blake said number lOin the newest copy, is changed also and said it appears that is probably an error. Attorney Guthrie said he thinks that is a change from the November 13th version, there was a typo, 9-B and 9-C, and said it has to be 9-C now because they inserted a new 9-B. Attorney said what was incorrect on the 13th was the reference was to 9-B and should have been to 9-C. Discussion. Discussion on paragraph 11. Commissioner Blake asked if there is someplace in the Statutes where it defines what an urban service is. Attorney Guthrie said he thinks there is, and said the most obvious place he would look is the items that are outlined as the services that relate to concurrency - water, sewer, transportation, solid waste, parks and said those are considered urban services. Commissioner Blake said according to this agreement, if we were to accept this particular provision, then it would prohibit anyone from providing water or sewer services to the people in that area. Attorney Guthrie said he thinks that without a Comprehensive Plan amendment, he thinks it would. Commissioner Blake said it is his understanding that Ovideo already provides water and asked if they would be required to stop doing that. Attorney Guthrie said he does not know the answer to that, and said if they are, then he wouldn't say they would be required to stop, but that may be an issue that needs further investigation. Discussion. Commissioner Blake asked if number 13 remains as stands with the last sentence being struck. Mr. Lindhart said from the County's feed back, yes. Special Meeting City Commission November 16. 1998 97-98-50 Page 4 Commissioner Blake said he had some concern with number 14, and said that this is the one that would require no wall or fences or tree removal in the last 10 feet, and asked if Mr. Lindhart knows how deep those residential lots would be along that line. Mr. Lindhart said no, but basically the City is in control of those issues, and said they have to comply with the development agreement and comply with the zoning code; the way the agreement is now written, as was approved, that 10 foot area is actually a separate lot to be platted and given to the Homeowners Association to own as a common amenity and is to be left as a natural preserve and buffer between the back of their lots. Commissioner Blake asked if the 10-foot conservation easement does not go along the rear, including the rear property lines of those individual homes. Mr. Lindhart said it does not, there is a platted lot and then that abuts the 10-foot and then the 10-foot is behind that. Commissioner Blake asked if that causes any difficulties with the fact that it can't be fenced or have a wall. Mr. Lindhart, said none, that is fine. Commissioner Blake asked where is exhibit C. Attorney Guthrie said that has been forwarded to the City and he has it in the other room. Attorney Guthrie said the only thing that may be unclear is the area due north of Battleridge on Lake Jesup and whether that could be included (east of the bridge and north of Battle ridge and south of the lake). Mayor Partyka stated that he has to leave the meeting at this time and turned the gavel over to Commissioner Blake at 6:50 p.m. There was discussion on a day for the "get- together). Mayor Partyka said he will ask Ovid eo when will it be a good time for them. Attorney Guthrie read the notice of Executive Session. Commissioner Blake recessed the Special Meeting at 6:54 p. m. to go into Executive Session. Mayor Partyka reconvened the Special Meeting at 8:35 p.m. III. Discussion of Bulk Water Agreement with Seminole County: Manager McLemore said the Commission had previously given him the authority to submit a proposal to the County to provide bulk water services to the Sunshadow PUD. Manager McLemore said we submitted the proposal and said the County Commission was ready (that their last meeting) to act on a proposal that Casselberry had sent forward to them. Manager McLemore said that the County Commission was not aware of the fee proposal that we submitted several months ago and said he is asking for the authority to do is to actually send this agreement to the County and said what was sent before was a fee proposal and said this is an actual agreement that they asked the County to allow us (City Wtr. Springs) to allow us to comment relative to the Casselberry proposal and said we had also asked to delay this to the next meeting if possible; they delayed this to the next meeting and said he would like to officially submit these actual agreements to the County, which the reason for this being that this language mirrors identically the language that Casselberry submitted except our fee proposal is lower. Discussion. Special Meeting City Commission November 16. 1998 97-98-50 Page 5 Commissioner Blake asked what is the payback on the connect. Manager McLemore said ifhe remembers correctly it is 15 years. Commissioner Blake asked how long would the agreement be for if they were to sign up. Manager McLemore said 10 plus 5. Commissioner Blake said if they go 10 and don't renew the five and we pay the connect, then we could find ourselves with a capital cost we haven't recovered. Manager McLemore said a small amount; Manager McLemore left the Chambers to double-check the numbers. Attorney Guthrie said going back to the Executive Session; the Executive Session is concluded and he will report to the various parties the following issues with regard to this matter said that Katie Reichman (Attorney for Oviedo) asked that Attorney Guthrie stop at Oviedo and let her know how this went and said the Commission needs to decide if they want him to do that or not. Attorney Guthrie said basically we are looking at the version of this agreement that is dated November 16, 1998 and that includes a new definition of the eastern area, referencing a map; looking at changes to paragraphs 8-C and 9-C, that inserts the consent of all local governments will be required before a development in the eastern area is considered; looking at a change to paragraph 11 that talks about adding the provision for the interpretation of the Comprehensive Plan that says that none of the local governments, including the County and the two Cities will be extending urban services into the eastern area and that the County will not move the urban service line without the consent of the three local governments that are parties to this agreement; and we are looking at re-inserting a proposal into the agreement that requires that we have intergovernmental discussion, that we ask for an interlocal agreement - either incorporate into this agreement the language we had in our prior agreement that says that for a defined period of time, commencing within 120 days and not going beyond one year, the City of Oviedo and the City of Winter Springs will enter into discussion relating to annexation issues where we could have common boundaries, in order to resolve those issues, primarily in the area south and east of the current City boundaries. In the alternative to that we will put a reference in that the two Cities agree to enter into an interlocal agreement and that interlocal agreement will be separate from this one between the two Cities and that would provide that we would have those intergovernmental discussions relating to annexation issues in the area just referenced. Attorney Guthrie said those are the items that he would report to the other parties to this agreement and said he could review with Oviedo's City Attorney. Attorney Guthrie said if it is the Commission desire he would report that to Oviedo's Attorney (during a break in their meeting tonight) ifit is the Commission's wishes. Commissioner Blake asked that when Mayor Partyka went to Oviedo's meeting earlier this evening, and read the proposal of the two Cities getting together, did Ovideo give any sort of indication as to how they might have accepted the invitation. Mayor Partyka said his impression was taken as positive and said it was his impression that the invitation would be accepted. Commissioner Blake asked if Attorney Guthrie was attempting to talk to Attorney Reichman prior to their meeting being finished. Attorney Guthrie said he was going to attempt to do that yes. Commissioner Blake said he is concerned with delivering that information prior to Ovideo ending their meeting is what affect that might have on whether or not they will decide to meet with us. Discussion. Special Meeting City Commission November 16. 1998 97-98-50 Page 6 Attorney Guthrie said if we are going to settle this, he was going to lay it out and said he assumed it was our position and said he was inclined to take it to them. Attorney Guthrie said while there is litigation going on, they (Oviedo) may change their mind about talking, until the litigation is concluded. Discussion. It was the consensus of the Commission to have Attorney Guthrie talk to Attorney Reichman after this meeting. Discussion continued on bulk water agreement with Seminole County. Manager McLemore stated the cost was developed based on a 15 year amortization and said it is not that important in terms of the benefits that are potentially out there; one is it is important to have the same styling of this agreement that Casselberry has and said the item of long term important to us is annexation in that area and said if we were the water and sewer provider, it gives us a leading edge on that. Manager McLemore said one year's taxes would more than pay in what you would loose in the 1/3 amortization, if anything is lost. Manager McLemore said there is a potential down side and said we might loose a small amount, and said he thinks it is worth the risk in terms of what we are really trying to do and that is accomplish the annexation. Discussion. Motion was made by Commissioner Blake to have the City Manager present both alternatives of the Winter Springs water service agreement for bulk delivery service to the County. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye Commissioner Miller: aye. Motion passes. Commissioner Blake said he has an item that he would like to bring up and asked the Commission to add on the agenda the discussion of enacting a Resolution regarding Commissioners meeting individually with land developers. Motion was made by Commissioner Blake to place on the agenda the discussion of enacting a Resolution regarding Commissioners meeting individually with land developers. Seconded by Commissioner Miller. Discussnon. Mayor Partyka stated that there are two Commissioners absent, would this discussion be more appropriate with the five Commissioners present. Commissioner Blake said he has considered that and said this is something that is of a timely nature that he thinks the discussion tonight would be to craft and put the Resolution on the agenda at the next regular meeting where all Commissioners are expected to attend. Vote: Commissioner Martinez: nay; Commissioner Blake: aye; Commissioner Miller: aye. Motion dies. The meeting adjourned at 9:00 p.m. ~e ectfully Sub.m~d, 7h-Y~ argo . Pierce, CMC City Clerk