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HomeMy WebLinkAbout12-20-88 WS , . . . MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS WORKSHOP HELD DECEMBER 20, 1988 The workshop was called to order by Mayor Ison in the commission chambers at 6:03 p.m. PRESENT: Mayor Ison, Commissioners Combs, Dabbs, Hager, and Johnson. Also present were City Manager Bateman, City Engineer Finch, City Attorney Rosenthal, Attorney Jay Small, (representing the City of Ocoee in the Stucki case), Consulting Engineer Kelley, Planning Director Behrens, and City Clerk Grafton. ABSENT: None Mayor Ison announced that he would take the item number III = Bowness Road out of order and deal with that item first. Mayor Ison corrected the naming of the item, saying it should be more appropriately called South Central Drainaae Basin and Stucki instead of Bowness Road. He then turned the meeting over to Attorney Rosenthal and Attorney Small. Attorney Rosenthal gave the background for this meeting, saying that in May of this year Discount Deals and Mr. Stucki filed an inverse condemnation action against the City alleging that the City had diverted drainage from other properties onto his property sometime in the 1980's, and also that the City had undertaken some activity of constructing and enlarging ditches and improvements on his property sometime between 1985 and 1987. The City, in June, filed some answers and affirmative defenses in response to the complaint, among them that the City had prescriptive easement, that there is a failure to join proper parties, and a failure to state cause of action. Mr. Rosenthal said that, in order to keep legal fees low, his firm has not been aggressively pursuing a defense of this lawsuit and it had been somewhat dormant until October when Mr. Stucki's attorneys filed some requests for production of some documents. The document production is scheduled for January. Mr. Stucki's attorneys have also filed some interrogatories which they have responded to. There have also been some settlement discussions after the suit was filed. In June, in concept, the City Commission indicated that there was an alternative on the South Central Drainage Project that they wished to go forward with and the estimated cost was $1.3 million. They were looking at the option of buying all of Mr. Stucki's triangular parcel south of Bluford Avenue based on appraisal data on hand at that time. Since that June meeting not much has happened in terms of moving forward with the project. In theory the City was going to undertake the project, acquiring the right- of-way/easements from Mr. Stucki, file an inverse condemnation against Mr. Stucki, get him to dismiss the litigation, and handle it through a settlement of the City's condemnation action. In order to accomplish this, updated appraisals were needed as well as a survey. The appraisals are in, reflecting higher values than originally anticipated, and are under review at this time. The survey has not yet been done, nor has it been authorized to be . . . Page 2 Ocoee City Commission Workshop December 20, 1988 done. Until that has been accomplished nothing can go forward by way of settlement. Mr. Rosenthal said that the survey should be high on the priority list so that some specific land acreage figures can be available for them to use. Mr. Rosenthal said further that his firm can no longer be passive, that they must do investigation and discovery in order to advise Commission regarding the City's position in this litigation. He said that the issue to be determined was mainly what direction Commission intends to go with the South Central Drainage Basin as that decision will dictate largely what direction to take with the litigation. Mr. Rosenthal recommended that Commission redirect the attorneys to come up with some sort of settlement approach or tell them to do some more work in terms of the litigation. He felt that the prudent thing to do was the latter so that they would be better prepared to advise Commission regarding their position as to success or failure in the litigation. Attorney Small spoke briefly to reinforce Mr. Rosenthal's remarks. Mr. Rosenthal said that, given the financial concerns of the City, it will be a problem either way. City Manager Bateman said that now is the time to put together all the information and Commission must decide between now and the designated time which way to go with the drainage basin, and either way will be costly. Mr. Rosenthal pointed out that so far in every attempted negotiation with Mr. Stucki, Mr. Stucki has included the payment of his attorney fees by the City as part of the settlement. Commissioner Dabbs said he finds it difficult to make any decision with no facts and he thinks the first of the year is plenty of time, after more information is available. Mayor Ison said that the drainage basin development was brought forth when they were working on a drainage impact fee, that an ordinance was put in place and then withdrawn before the ink was dry on it. He said further that he felt that Mr. Stucki believed that the City would be going through with the drainage project and therefore would be buying the land, based on engineering recommendations that using the old railroad right-of- way would be the most economical way to go vs. using the street right-of-way. Mayor Ison said that he prefers the use of street right-of-way and that if there is to be a drainage basin project it will need to be a joint venture with Orange County as that area on Bluford Avenue drains a lot of land that is not inside City limits and goes all the way through to Lake Lotta. Mayor Ison stated further that he feels that a decision on this is out of the question for the first half of the year, and also that the City has done nothing to the land that had not already been done to the land when the railroad company owned it. The railroad bridge was designed with culverts about six feet deep and an investigation would probably show that the drainage ditch was there before the railroad was and perhaps it is the City that is damaged by the railroad structure being there. He feels that the land is of no use to the City and the City has no reason to buy it. As there is no recent survey Mr. Stucki may have problems with a lot of 1 J . . . Page 3 Ocoee City Commission Workshop December 20, 1988 people. It appears that one of Florida Rock's buildings sits on his land and someone else is accessing their wooden house by corning across his land and Mayor Ison said it is not the City's place to clean up Mr. Stucki's problems by buying land not needed for the City's purposes. He said further that Mr. Stucki's statements made in public meetings that the City should buy his land at his price or he would sue the City and run the attorney's fees up constitute blackmail and it is time now to tell Mr. Stucki that we are not interested in his land, that we have zoning and code enforcement that he must abide by, and it is not called harrassment when government simply enforces its laws and rules in a reasonable manner. Commissioner Johnson agreed with Mayor Ison and said that we need to not sit back and wait. Attorney Rosenthal said that what they wanted to avoid was spending a lot of money aggressively defending an inverse condemnation action, prevail in that action, and then have Commission tell them that they are doing a project and to go condemn what they have spent two years saying the City did not have. Mayor Ison said that the developers coming along Bluford can do the roadside development that needs to be done and the existing businesses along Bluford can be special assessed for the necessary improvements to the drainage to move the water. Mayor Ison said that the place to start is at the Orange County Services Building and work with the County on making a roadside drainage system through that whole area. Further that Bluford is a state road and the state can work with the City on that drainage, so the City does not need anything from Mr. Stucki, who is in a bad situation as there is nothing that can be done with a lot of that property due to set-back restrictions and road right-of-way - but it is his problem. City Engineer Finch said that he had looked at the property for alternative routes and the City will not need that property; the water that is going there now has always gone there and the City can get around dumping any more water there by going down and around Maguire Road. Consulting Engineer Kelley said that he recalled a project that required a drainage easement over that railroad and he looked at the drawings and that is reflected in the drawings. He was sure that they would not have taken a chance on dumping on that area. Mayor Ison said there had been a lot of erroneous and misleading statements made. He said that the City will have to work with Orange County on the drainage basin and that a method of financing will have to be set up before any surveying or assessing can be done. Decisions concerning the litigation can be scheduled for January. Mayor Ison said that in the regular meeting following this workshop is an item to consider dividing the town into sectors for engineering purposes and, as there will probably be another consulting engineer for that area, it would be appropriate to hold off on decisions regarding the drainage basin project until after that appointment. Attorney Rosenthal asked for direction regarding the litigation and Mayor Ison said that he would like to see him file for a motion of dismissal at the earliest convenience on the . . . Page 4 Ocoee City Commission Workshop December 20, 1988 ground that the drainage basin was there before the railroads. At torney Rosenthal said that is an affirmative defense which they have already alleged, and that his understanding of the direction he was being given was to proceed on the premise that the City does not need to acquire Mr. Stucki's property and that we would not be filing a condemnation action in order to proceed with the drainage basin project that the Commission indicated was their preference last year. Mayor 1son said he would not buy a piece of that property until all the appeals in the world came and said we had to buy it. Attorney Rosenthal said that gives his firm enough direction to work on. Mayor Ison said to be prepared to solve the drainage quadrant by way of a special levy when developers come up to develop those pieces of land. Attorney Rosenthal cautioned Commission that they should not be approving any projects which rely upon water flow and drainage through the area, and it is the responsibility of the developer to figure out the route and solve the problem. Mayor 1son said the first one in is going to have to use our policy of 100 year storm-no outfall. This ended the discussion on this item. Commissioner Dabbs left the meeting at 6:30 p.m. to attend another meeting. Hilton Property Contract Attorney Rosenthal reported that he had prepared and submitted a contract to the Miltons. The Miltons had rejected the version. This contract called for a purchase money mortgage on real property which the City cannot do. If the Commission wants to purchase the property on a cash basis, and this is enforceable by specific performance, for a water plant, this could be done. Mr. Finch outlined the procedures necessary. Mayor 1son suggested that the Commission submi t a contract to the Miltons making it subject to Public Hearings, site borings, and consumptive use permits, make a down payment and proceed. The initial Public Hearing will be on January 3, a second Public Hearing may be necessary. The Times will be primary and Sentinel secondary for the land use advertising. Mr. Freeman asked for data to make a reasonable counter offer to Mr. Milton. Attorney Rosenthal recommended that he communicate the sense of this meeting with Mr. Milton. Closing was tentatively set for April 28. Attorney Rosenthal recommended a later date. The mayor requested flyers to announce the Public Hearing. Attorney Rosenthal asked if the City intended to acquire this property without an appraisal. Attorney Rosenthal indicated changes: Make this a cash transaction. Change title date to February 1. Closing on May 15. Provisions to be added refer to City obtaining all necessary approvals for the proposed water plant. At the City Commission Meeting a motion will be necessary to include all these changes. Charter Briefing Attorney Rosenthal presented a memorandum giving a brief summary of the Charter changes. Attorney Rosenthal has presented specific points to be changed in the Charter. Some new restrictions on sale of properties, including the provision for purchasing properties of over one million dollars value that would require a Public Hearing. If the City disposes of property, a Public Hearing is required if the value is over $100,000.00. City cannot approve the sale or other disposi tion of property for less than its fair market value. There is an emergency provision for the preceding conditions. Franchises still require Public Hearing, 30 days notice. City has authority to regulate lakes, ponds and . . . Page 5 Ocoee City Commission Workshop December 20, 1988 rivers. Provisions for Special Taxing Districts are provided. Condemnation of buildings is provided. Liens may be imposed on private properties for non- conformance with codes. Under powers of the City, the city can enter into certain joint cooperative agreements with other cities. Lake front properties can be specifically taxed to improve and protect the waterways. In Article 3, the Mayor is a member of the City Commission. Provisions for a Mayor pro tem are included. Throughout the Charter there are references to certain issues that require votes of all the City Commission. When it states all members, it means members present. If any Commissioner is charged with any grounds constituting forfeiture of office, the Charter revision allows for a Public Hearing. After the term of office of any Commissioner terminates, that person is prohibited from any compensatory position with the City for one year. No member of the City Commission can deal with or dictate the removal of any city employees under the supervision of the City Manager. No member of City Commission can influence the vote of another Commissioner by promising anything of value. Section 5, specifies meetings and procedures therefore. City Commissioners can direct the city Manager to place any item on the Agenda. Agendas must be prepared 24 hours before the meeting. Only Agenda items and/emergency items can be acted upon by the Commission at a given meeting. Any Commissioner can call a meeting on 24 hours notice. Provisions for voting on specific issues and the numbers necessary for passage. Commissioners absent more than four times are off the Commission. Salaries of Commissioners are set by ordinance. Audi tors and provisions for auditing are definitely set up. Referendum and initiative procedures are spelled out. Emergency powers are clearly set up. Mayor will make a State of the City address in January. The City Manager is appointed by an affirmative vote of all the Commissioners for a minimum term of one year. The Charter provides for an annual evaluation and review of the City Manager. New procedures are established for interim city managers, special reports, financial reporting and to make recommendations on finances. A Personnel Board is established and its composi tion is stated. Board functions and authori ties are spelled out. Proposed budget and message must be presented to Commission by the City Manager by August 1 each year. Budget details are recited. Budget hearings must be advertised seven days in advance. The calendar preparation and maintenance was referred to the City Clerk. Deficit problems will be called to the attention of the Commission and action is within its jurisdiction. Commission and Mayor terms are now staggered. In 1999, another Charter Commission will be appointed. The new Charter calls for single member districts. A Districting Commission will be appointed. First meeting of the month will be citizen items only, the second meeting of the month will be for developers and citizens. Allow time from 7:30 to 7:45 for citizen matters. Scheduled timing for each presentation will now be required. The meeting was adjourned at 7:30 p.m. ATTEST:C~ Hh=. c' y Clerk Thomas R. Ison, Mayor A.PPkt>"~1) U-\C\-,\ \