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HomeMy WebLinkAbout02-22-93 SS "CENTER OF GOOD LWING - PRIDE OF WEST ORANGE" MA YOR.COMMISSIONER S. SCOrf VANDERGRIFf 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761 (407) 656-2322 COMMISSIONERS RUSTY JOHNSON PAUL W. FOSTER VERN COMBS SAM WOODSON CITY OF OCOEE aTYMANAGER ELLIS SHAPIRO XEKORANDUK TO: The Honorable Members of the Ocoee City Commission FROM: Mayor s. Scott Vandergrift February 19, 1993 DATE: RE: speeia1 Keetina - Chanqe in Xeetina Time ~ Pursuant to the provisions of the Ocoee city Code, please ba advised that I have soheduled a special Heet.ing of the Ocoee city commission tor Kon4ay, February 22; 1993 at 6:00 p.m. at the Oeoee community center. This Special Meeting is scheduled as a joint meeting wi th the Orange County Commission in response to their Noti.ce of January 28, 1993. The purpose of the meeting is to discuss Orange County's Notice of Intent to File Suit with regard to certain zoning ordinances adopted by the city of Ocoee. Further, in accordance with the provisions of Chapter 163, Florida Statutes, the purpose of the meeting is to meet with the Orange county Commission to discuss the proposed litigation in an effort to amicably settle the controversy. The meetinq time has been ehanqed to &:00 p.m. in order to accommodate the schedule of Chairman Chapin who advised that she could not be present at 5: 15 p. m. I have invi ted the County Commission to arrive for refreshments before the meeting at 5:30 p.n>. S$4 ~~ S. Scott vandergrift Mayor cc: Mr. Ellis Shapiro, City Manager Mrs. Jean Grafton, city Clerk ~ MINUTES OF THE JOINT SPECIAL SESSION OF THE OCOEE CITY COMMISSION '-" WITH ORANGE COUNTY COMMISSION HELD ON FEBRUARY 22, 1993 WELCOME AND INTRODUCTIONS Mayor Vandergrift called the Joint Special Session with Orange County Commission to order at 6:16 p.m. in the Ocoee Community Center located at 125 N. Lakeshore Drive. Commissioner Foster offered the prayer and Orange County Commissioner Mable Butler led the pledge of allegiance. CALL TO ORDER AND DETERMINATION OF A QUORUM ORANGE COUNTY - Chairman Chapin called the roll and declared a quorum present. CITY OF OCOEE - Mayor Vandergrift called the roll and declared a quorum present. PRESENT: Orange County: Chairman Chapin, Commissioners Freeman, Pignone, Donegan and Butler. Also present were County Attorney Applegate, Planning Manager Bruce McClendon, Assistant County Attorney Alison Yurko, County Administrator Jean Bennett, County Attorney Tom Wilkes and Deputy County Administrator Byron Brooks, Clerk to the Board Garrison and Recording Secretary Wells. City of Ocoee: Mayor Vandergrift, Commissioners Woodson, Foster, Combs and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Attorney Horan, City '-' Manager Shapiro, Planning Director Behrens and City Clerk Grafton. Discussion re: Orange County's Notice of Intent to File Suit with Respect to Certain Zoning Ordinances Adopted in December and January. Attorney Rosenthal stated that the meeting related to the following ordinances: 92-33, 92-35, 92-37,92-39,92-43,92-45,92-47,92-51,92-55, 92-57, 92-61, 92-71, 92-73, 92-92-75 and 92- 77. He addressed the agreements and restrictions regarding the meeting. Orange County Attorney Applegate concurred with one exception, that is, issues relating to Chapter 164 of the Florida Statutes regarding the holding of a public meeting after notice of a suit and he read the position, intent and purpose of attendance at the meeting of the County. Chairman Chapin summarized Mr. Applegate's statement and asked Mr. Rosenthal his opinion. Mr. Rosenthal stated the City was not willing to stipulate to a stay that would preclude the processing of any development orders. On the issue of attorney fees, the City had not made any decisions. Mr. Applegate stated that no response had been received from the City to the request to stipulate that Chapter 164 did not apply to this meeting. ~ Mayor Vandergrift asked if the suits brought on the annexations were based on 164, and Mr. Applegate replied that they were brought under Chapter 171. He verified that the stay of the litigation notice discussed at the last meeting had nothing to do with the statement he read regarding Chapter 164. Mr. Rosenthal stated at the end of that statement Mr. Applegate commented on staying the litigation. Mr. Applegate stated that was in the County's spirit of cooperation in trying to hold off litigation while the staff tried to negotiate a settlement. JOINT SPECIAL SESSION - OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION '--' FEBRUARY 22,1993 Mr. Rosenthal stated that in the entire proceeding, Ocoee had filed no response of pleadings other than a response to the purported verified complaint filed by the County, which was denied by the City. The City had not raised any issues with respect to attorney's fees in any proceedings, and the City simply had not filed response of pleadings. The City had been saying that to stipulate to a stay or to stipulate to the issues of the applicability of one statute or another before they know what the final issues are being presented to the City is something the attorneys are not ready to recommend to their client, the City. It has nothing to do with whether the staffs meet. In fact, pursuant to the direction of the City Manager, the Planning Director did attend, notwithstanding the lack of any stipulation, a meeting called by the Orange County Planning Department and was prepared to continue to attend those meetings to discuss a broad variety of planning issues that had been proposed by the County. The discussions were continuing, and he did not view the purpose of the meeting to discuss what essentially were technical issues between lawyers as to the applicability of one statute or another. He believed the issues were (1) because the meeting was required under Chapter 164, in the opinion of the City, to protect the City against potential claims and (2) to put before the two bodies the substantive issues related to the rezonings to give the Commission an opportunity to consider the proposal forwarded to Mayor Vandergrift by Chairman Chapin as opposed to resolving what they would all acknowledge as complex legal issues as to the applicability of three different chapters of Florida statutes. Mr. Applegate agreed but stated he thought they understood why the County needed to make the '-" statement. Mr. Rosenthal stated the City did not dispute the County's statement and fully understood the County's position. Mr. Rosenthal stated the subject of the meeting was to discuss the initial zonings adopted by the City in connection with the various annexations that were discussed in the meeting of January 25, 1993, between the two Commissions, and he advised the City's position. The week before, the City met with all the property owners whose lands were impacted by this dispute between the City and the County as to zonings. The City believed, and the Commission had expressed a belief, that the rights of the property owners were fundamental to what the City did or did not do. All the property owners were told that they were free to meet with representatives of the County and the City and suggest to the City any way they might want to revise or change the zonings granted by the City in order to attempt to get some of them out of their entanglement in this litigation. None of the property owners to date had come to the City to express a request that the City take back or in some way reach an agreement with the County which would impact or in any way change the zonings granted by the City. Commissioner Foster stated he studied the correspondence from the Orange County staff and found it threatening and intimidating. He stated it did not suggest a peaceful solution without concessions from the City and was an imposition of the will of the County on the property owners. He stated he believed competent legal counsel had been received and that the staff at all ....... 2 JOINT SPECIAL SESSION - OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION '-" FEBRUARY 22, 1993 levels had developed the annexation agreements and zoning ordinances in strict compliance with the comprehensive plan, and he supported the actions ofthe City. Chairman Chapin said she thought perhaps something would be different at this meeting from the last meeting. Mayor Vandergrift replied the meeting was held to comply with the law and advised he would wait for the County to make a unilateral decision to turn it back to the City or turn it back to the attorneys and keep going. Assistant County Attorney Yurko stated the County could not unilaterally start talking to the planners because they had been instructed by City attorneys not to talk to them about the annexed areas, and she restated the County's position regarding the annexations. Commissioner Woodson stated the City had a comprehensive plan before Orange County's was approved. He stated those rules have been followed, and he could not understand how they could say the comprehensive plan was not legal. Chairman Chapin stated the County acknowledged the City's comprehensive plan as it applied to the City. She said they would never dispute the City's ability to determine the future land uses in the City. The disagreement was that the City had taken land outside the City that was in the Orange County comprehensive plan with different future land use designation, saying it now fit ~ the City's comprehensive plan. She said it did not, that the DCA said it did not and that was the way it was. Mayor Vandergrift stated he would like the position of the DCA to be stated in writing. He said the posing of the question determines the answer. Mr. Rosenthal stated he was aware of the position of the DCA that a municipality cannot exercise extra-territorial powers, and he believed there was a draft letter that went to Orange County that day that said the City cannot exercise extra-territorial powers. The position of the City is that it has never asserted that its comprehensive plan can have any jurisdiction that affects property owners outside the corporate limits of the City but rather when lands are annexed, they become subject to the City's jurisdiction. He said he thought Florida law was clear regarding that issue. Mayor Vandergrift stated he believed the City was required by the State to present a comprehensive plan, which was submitted to and approved by the state. The County presented another plan. The City called for reasonable use of the land, and the County called for one house every ten acres, which is Kissimmee, St. Cloud and Okeechobee planning. Attorney Yurko stated this is an argument that a judge would hear. She said the County, as well as DCA, had a concern that this issue is much bigger than the City. If this kind of thing can be "-- 3 JOINT SPECIAL SESSION - OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION ~ FEBRUARY 22,1993 done by the City, it could be looked at by other municipalities. To call this something that is limited expressly to the City would undermine the importance of it. Orange County Planning Manager Bruce McClendon stated that he understood that two to three years ago a request was made for joint planning, but the County planning staff did not have the time to be able to respond to the City. He said there is now time to meet and work out the problems. He felt a resolution to everyone's satisfaction could be accomplished in 90 days. Mayor Vandergrift stated he felt Mr. McClendon grasped the long-range problem that has had Ocoee, Winter Garden and Apopka as the step-children of Orange County. He said Ocoee was going to be the second largest city in the County by the turn of the century without the annexations. He said the City was willing to work with the County. Mr. Rosenthal stated there was a suggestion in the middle of this that the City was opposed to or unwilling to meet with the County on joint planning issues. As far as joint planning issues are concerned, the Planning Department has been thrilled and excited to hear the County is scheduling meetings and is enthusiastically attending them and participating in them. Chairman Chapin asked her staff if there were further comments before she called on Commissioner Freeman. ~ Mayor Vandergrift felt the responsibility was with the County to reach a solution. Chairman Chapin said the County had asked for 90 days to discuss the issues, to meet with the property owners, to revisit this issue and perhaps, if necessary, seek mediation before the Regional Planning Council. She said she thought all that was wanted from the City was an agreement that the City would stay any development orders during that time period. Commissioner Freeman. seconded bv Chairman Chapin. moved that the liti~ation be abated for 90 days in order to incorporate ioint Dlanning of the annexed areas into an overall joint Dlannine: scheme on behalf of the City and the County. Motion carried 5-0. City Attorney Horan stated there were differences in what Chairman Chapin and Commissioner Freeman said. Chairman Chapin said the City should agree not to consider any development orders or anything relative to the pieces of property the City and County do not own during a 90- day period. Commissioner Freeman stated to abate the litigation for 90 days. If the motion just involved abatement of the litigation it was possibly something the City would want to consider with the property owners, but he thought it would have to be considered in the March meeting. ~ 4 JOINT SPECIAL SESSION - OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION '-" FEBRUARY 22, 1993 Chairman Chapin stated she was confused about why it was all being said again if nothing had changed. Mr. Rosenthal said there were two sets of ordinances, annexations and zonings, and the original notice from Chairman Chapin only listed the annexation ordinances, and subsequent to that, the City received another letter from the County Legal Department which listed different ordinances, which was the reason for this meeting. Mr. Applegate clarified the County's lack of choice under Florida statutes to exercise its rights to protect the public interest and the difference between a public meeting and public hearing. County Attorney Tom Wilkes stated the County offered not to have to bring everyone to the meeting. They offered just to say that 164 did not apply to all this foolishness. It is all technicalities, and that was why they were at the meeting that night. Commissioner Freeman said he felt the County did not have a strong position about abating any development orders for 90 days. He felt any development would be "at their own risk" in light of the litigation. '-" Upon a request to restate his motion, Commissioner. Freeman stated he asked that the litigation be abated for 90 days in order to incorporate joint planning of the annexed areas into an overall joint planning scheme between Orange County and the City of Ocoee. Chairman Chapin asked if the landowners understood that they proceeded at their own risk if they wished to pursue development orders. Commissioner Pignone asked if it would be appropriate if there were land owners present to find out if they would be willing to wait 90 days. Mr. Rosenthal addressed the City Commission indicating he thought prior to their taking any action on this, given the commitment expressed to the property owners, they should go back to talk to some of the property owners and put the County proposal on the agenda for consideration at the first Commission meeting in March, which would give them an opportunity to see the reaction of the property owners. The County raised the point of the uncertainty of the property owners due to the proceeding, and a 90-day delay for some property owners might leave them in a continued state of uncertainty. Commissioner Freeman asked how long the lawsuit would take compared to the uncertainty of 90 days. Commissioner Butler said even though the City had annexed the property, it really was not in the City but was in limbo. Regardless of whether it was in the City, it was still in the County. Both entities serve the same people so why could not the property owners be asked that night. '-'" 5 JOINT SPECIAL SESSION - OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION '-' FEBRUARY 22, 1993 Mayor Vandergrift stated he understood the motion by the County was to stay the litigation for 90 days, and the City Commission might act upon what the attorney said and confer with the owners of the property between that night and the March 2 meeting, which was a week away, and go back to confirm what the County said or disagree completely. Chairman Chapin suggested the meeting be adjourned and give the City a week to talk to their property owners and that there was a risk if they proceeded. Mr. Wilkes stated for the record "Lawyers cannot assure the County Commission that they can make that risk stick. If development orders are issued and they go forward with their developments that if the County ends up prevailing and wants the property restored to its original condition, we cannot assure you that the County could do that." Commissioner Freeman stated he was disappointed that they could not make a decision. Commissioner Foster stated he agreed with the motion that there be a joint planning session. He believed the joint planning sessions should have taken place years before when the City requested it several times. The City had made commitments to the property owners that he could not back down from unless they requested it. He suggested to the County that they drop the charges against the City and agree to future joint planning sessions to resolve issues that might come before them in the future. '-' Chairman Chapin stated she regretted the fact that they were back at a stalemate. She understood his position and hoped he understood the position of the County. Chairman Chapin. seconded by one of the County Commissioners. moved to rescind the previous motion. Motion carried 4-1. with Commissioner Pil!none votinl! no. Commissioner Rusty Johnson stated nothing was being solved and that he would like to have a representative from the state next time. Adjournment The meeting adjourned at 7:15 p.m. Attest: APPROVED City of Ocoee S S:_~V~J1f S. Scott Vandergrift, Mayor ' '-'" 6