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HomeMy WebLinkAbout06-04-88 WS e MINUTES OF THE CITY COMMISSION WORKSHOP HELD JUNE 4, 1988 The workshop was called to order at 4:30 p.m. by Mayor Ison. PRESENT. Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, Attorneys Rosenthal and Small, Consulting Engineer Kelley and Hamstra, City Manager Ryan, City Engineer Finch, and City Clerk Catron. ABSENT. None DISCUSSION ON SOUTH CENTRAL DRAINAGE BASIN City Engineer Finch stated that they had looked alternatives in considering the drainage for the Central Drainage Basin which covered approximately 160 and explained those alternatives to the Commission. alternatives were as follows: at 4 South acres The 4 Alternative 1 - This alternative included an open conveyance ditch within the railroad right-of-way north of Geneva, and a detention pond and ditched outfall within the railroad right- of-way south of Geneva. The estimated cost for this alternative was $1,318,640.60. The cost estimate also included a storm sewer system along Geneva Street from Maguire Road to the conveyance ditch. e Alternative 2 - This alternative included an open conveyance ditch within the railroad right-of-way north of Geneva and a detention pond and piped outfall within the railroad right- of-way south of Geneva. The estimated cost of this alternative was $1,396,467.20. The cost estimated included a storm sewer system along Geneva Street from Maguire Road to the conveyance ditch. Alternative 3 - This alternative included a storm sewer system within the public right-of-way north of Geneva and a detention pond and ditched outfall within the railroad right- of-way south of Geneva. The estimated cost for this alternative was $1,527,475.30. Alternative 4 - This alternative included a storm sewer system within the public right-of-way north of Geneva and a detention pond and piped outfall within the railroad right- of-way south of Geneva. The estimated cost for this alternative was $1,605,301.90. Note: All of those estimated costs included other direct costs such as land, legal fees, engineering fees and construction administration costs. e City Manager Ryan stated that staff's position, and the most economical, was to acquire the property south of Geneva, use ditching and then deal with the property north of Geneva in 1 e Page 2 City Commission Workshop June 4, 1988 several different ways. When asked by Mayor alternatives were the best from an engineering Engineer Finch recommended alternative 1 or 2. Ison which standpoint, Commissioner Bateman asked if either one of those alternatives would help the drainage problem east of Bluford. Consulting Engineer Kelley stated that it would not as it was part of the Lake Lotta Basin and they were addressing a sub- basin. Commissioner Dabbs reminded them to be cognizant of the Bowness Road intersection improvements as they planned for the drainage improvements. e Mayor Ison asked Attorney Small to explain his memorandum to them dated June 2, 1988 regarding the suit filed by Ronald Stucki and Discount Deals, Inc. against the City of Ocoee. Attorney Small stated that the principal allegations of the complaint were that the City constructed or caused to be constructed drainage structures providing for the drainage of water from other properties onto Mr. Stucki's property, and he recommended defending the lawsuit. He explained that Stucki would have to establish that the City deprived him of all use of his land. Mr. Small said that his recommendation was that if the City decided to acquire the land that they should do so and not let the suit dictate but rather go ahead with their planning. If they decided to acquire the land they would have to adopt a resolution authorizing the initiation of eminent domain proceedings, would have to comply with the provisions of Florida Statutes requiring pre- litigation notice to the owners of the fee simple interest in the property to be acquired advising them of their rights to have the City pay reasonable attorneys' fees, court costs, appraisals' fees and, if applicable, accountants' fees; and if the city wanted to acquire title to the property prior to final Judgment, it would have to have updated appraisals, title work and surveys. Attorney Rosenthal explained that they were not in a position to file today but once the Commission gave them direction, they would proceed. Mayor Ison stated that Mr. Stucki had included 5 acres of land and some property on Highway 50 in the suit that was not a part of the drainage problem and asked them to be cautious that they were dealing with drainage and not rezoning. Attorney Rosenthal stated that they would begin by denying the claim and then see what Mr. Stucki's next move would be. e Mayor Ison asked if the retention ponds were going to be "ugly holes in the ground" or if they could be made to be aesthetically pleasing. Mayor Ison asked if there were any further questions of the 2 e Page 3 City COMMi.sion Workshop June 4, 1988 attorney or engineer. He asked the Commission to give the attorney some direction on what alternative they were considering. City Manager Ryan stated that whatever alternative they selected, surveying work would have to be done. Attorney Small also said that they could not condemn until the surveys were completed. Attorney Rosenthal reported that the City did not have sufficient surveys to file condemnation. Mayor Ison questioned the funding and if it could be phased with the upcoming budget year. Since the attorneys wanted to leave prior to the workshop on the City Attorney position, they asked that the Special Session for the South Central Drainage Basin be held immediately following the workshop. The Commission agreed to do so. The workshop adJourned at 5:55 p.m. to go into Special Session. e The workshop was called back to order at 6:45 p.m.. with all members of the City Commission, City Manager Ryan and City Clerk Catron present. DISCUSSION REGARDING APPOINTMENT OF CITY ATTORNEY e Mayor Ison stated that Commissioner Johnson had to leave and asked him for his recommendation concerning the position of City Attorney. Commissioner Johnson stated that he did not have a problem with whatever the maJority of the Commission wanted. He stated that he thought they were going to select 2 or 3 and then schedule another meeting. His recommendations were Foley, Lardner, van den Berg, Gay, Burke, Wilson and Arkin and Lefkowitz, Miner & Cool (Camenker). Commission.r Johnson l.ft at 6:50 p.... Commissioner Dabbs stated that he came prepared for a 1, 2 or 3 choice. He stated that he had nothing personal against the interim firm, but was concerned with the conflict due to their representation of the Heller family. He also expressed interest for an in-house counsel and/or look at phasing one in. His recommendations for the attorney position were: Fowler, Williams & Airth; Lefkowtiz, Minor & Cool (Camenker); and Shutts & Bowen (Vose). Commissioner Bateman stated that he was satisfied with the present attorney and said he supported Commissioner Dabbs suggestion of an in-house attorney, but did not feel the City could support one at this time. Commissioner Bateman's recommendations were Foley, Lardner, van den Berg, Gay, Burke, Wilson and Arkin; and Lefkowtitz, Miner & Cool (Camenker). Commissioner Bateman stated that we had to "quit Kidding ourselves" about a 3 e Page 4 City COMmission Workshop June 4, 1988 COYlfl ict wi th attorneys because anyone "worth salt" would have a conflict down the road. Commissioner Hager's recommendations were as follows: Foley, Lardner, van den Berg, Gay, Burke, Wilson & Arkin; Fowler, Williams & Airth; and Lefkowitz, Miner & Cool (Camenker). The Commissioners asked Mayor Ison for his recommendations. Mayor Ison recommended the following: Fowler, Williams & Airth; Lefkowitz, Minor & Cool (Camenker); Foley, Lardner, van den Berg, Gay, Burke, Wilson & Arkin. The workshop was adJourned at 7:00 p.m.. ~llL___ MAYOR ISON ATTEST: CITY CLERK CATRON e e 4