The URL can be used to link to this page

Home My WebLink AboutVII (H) Discussion re City's Roll in Opening 7th Avenue Agenda 8-06-2002 e Center of Good I ry Item VII H _ Mayor .fib «.—.;, fdB Commissioners S. Scott Vandergrift �„ ..., _ Danny Howell, District 1 Scott Anderson, District 2 City Manager Rust•Johnson, Dish ict 3 Jim Gleason _ ' Nancy J. Parker District 4 MEMORANDUM TO: The Honorable Mayor and City Commissioners FROM: Jean Grafton, City Clerk DATE: July 31, 2002 RE: City's Roll in Opening 7'h Avenue Attached are the quick responses from City Attorney Rosenthal, Assistant City Attorney Doty and Planning Director Wagner regarding this item. The City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ococe. l.us Page 1 of 1 Grafton, Jean From: Rosenthal, Paul E. [PRosenthal@foleylaw.com] Sent: Wednesday, July 31, 2002 4.07 PM To: 'Jim Gleason'; Grafton, Jean, Russ Wager Cc: Doty, Mary A.; 'Gleason, Jim (City Manager)' Subject: RE: Agenda-8/6/02!!!! Jim: Remember this is a County road, not a City road. The plan was that the County would do the improvement and then turn the road over to the City AFTER it was improved. An appropriate question might be, will the County do a quick take and then have the City participate in the improvements as originally agreed? This may be significant based on Gordon statement that he intends to challenge the taking. Also, if there is a quick take, it seems to me that the County would need to participate. As we have learned, the ultimate cost is uncertain when there is a quick take. By copy of this e-mail to Mary Doty, I am asking her to respond and advise regarding the probable time line (including timeline impacts if the taking is challenged) and steps to acquire the property by quick take. Paul E. Rosenthal Foley &Lardner-Orlando Office prosenthal(dfoleylaw.com Phone: 407-244-3248 www.foleylardner.com Original Message From: Jim Gleason [mailto:glea8981@bellsouth.net] Sent: Wednesday, July 31, 2002 3:21 PM To: Grafton, Jean; Russ Wager Cc: Paul rosenthal Subject: Agenda-8/6/02!!!! Importance: High Comm. Jacobs and Frank K-OCPS attorney asked if the City would consider a"Quick Take"on the Nutt property for a sidewalk and road. I told them I would add it as an agenda item for discussion 8/6 if possible but I would be interested in a cost share on this action. It looks like there are problems with sidewalk on east side of Maguire due to wetlands. This might be the only way to ensure the road opening either short or long term?? Time is of the essence! What is the procedure to discuss this! Jim 7/31/2002 Page I of 2 Grafton, Jean From: Doty, Mary A. [MDoty@foleylaw.com] Sent: Wednesday, July 31, 2002 4:28 PM To: Rosenthal, Paul E.; 'Jim Gleason`, 'Grafton, Jean'; 'Russ Wager' Cc: Gleason, Jim (City Manager)' Subject: RE. Agenda-8/6/021!!! Before we could proceed to a quick take proceeding we would have to have the property appraised and surveyed. This would take approximately 30 days. Then an offer based on the appraisal must be made to the property owner. Florida law requires that you give the property owner 30 days to respond to the offer before you can file a suit. Once suit is filed you need to plan on at least 60 days before you can hold the OT hearing. Conservatively, you should plan that the hearing will be held at least 90 days after suit is filed. At this point 120-150 days have elapsed. If the OT is contested and the property owner is successful in getting the OT denied you can add 6-12 months to your schedule. Please call me if you have any questions. Mary Original Message From: Rosenthal, Paul E. Sent: Wednesday, July 31, 2002 9:07 PM To: 'Jim Gleason'; Grafton, Jean; Russ Wager Cc: Doty, Mary A.; 'Gleason, Jim (City Manager)' Subject: RE: Agenda-8/6/02!!!! Jim: Remember this is a County road, not a City road. The plan was that the County would do the improvement and then turn the road over to the City AFTER it was improved. An appropriate question might be, will the County do a quick take and then have the City participate in the improvements as originally agreed? This may be significant based on Gordon statement that he intends to challenge the taking. Also, if there is a quick take, it seems to me that the County would need to participate. As we have learned, the ultimate cost is uncertain when there is a quick take. By copy of this e-mail to Mary Doty, 1 am asking her to respond and advise regarding the probable time line (including timeline impacts if the taking is challenged) and steps to acquire the property by quick take. Paul E. Rosenthal Foley & Lardner-Orlando Office prosenthal Qfoleylaw.com Phone: 407-244-3248 www.foleylardner.com Original Message From: Jim Gleason [mailto:glea8981@bellsouth.net] Sent: Wednesday, July 31, 2002 3:21 PM To: Grafton, Jean; Russ Wager Cc: Paul rosenthal Subject: Agenda-8/6/02!!!! Importance: High 7/31/2002 Page I of 1 Grafton, Jean From: Wagner, Russ Sent: Wednesday, July 31, 2002 4:12 PM To: 'Jim Gleason' Cc: Grafton, Jean Subject: RE: Agenda-8/6/0211!! Paul needs to advise on the quick take . I thought he told us at the last Paul day that a quick take still took a couple of months. I definitely agree that the County should help pay the cost, it historically was their road and serves many County subdivisions.Perhaps Paul can at least advise how this should be placed on the agenda, and then get the back-up info ready in time for the actual meeting. The sidewalk on Maguire may need to be installed right up next to the road to miss the wetlands. Perhaps they could put in an asphalt path until a permanent sidewalk is installed by the Nutts. I have mentioned the need for this sidewalk numerous times, but no design has ever been done to my knowledge. This is definitely an Engineering/Public Works issue in order to get this installed. I know it is not part of the Maguire Road project, although I think Road Impact Fees could be used for its construction. I assume that the City Commission would also need to authorize this construction since it probably is in no one's budget. I think this could just be under Other Business on the agenda as an action item, although you probably need to get a quick estimate of the cost. Original Message From: Jim Gleason [mailto:glea8981@bellsouth.net] Sent: Wednesday, July 31, 2002 3:21 PM To: Grafton, Jean; Russ Wager Cc: Paul rosenthal Subject: Agenda-8/6/02!H I Importance: High Comm. Jacobs and Frank K-OCPS attorney asked if the City would consider a"Quick Take"on the Nutt property for a sidewalk and road. I told them I would add it as an agenda item for discussion 8/6 if possible but I would be interested in a cost share on this action. It looks like there are problems with sidewalk on east side of Maguire due to wetlands. This might be the only way to ensure the road opening either short or long term?? Time is of the essence! What is the procedure to discuss this! Jim 7/31/2002