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HomeMy WebLinkAboutItem V (B) Approval of Settlement Agreement Documents Case No. CI93-245 with Orange County AGENDA 2-1-94 Item V B FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLNDO. FLORIDA 32801 T LEPHONE 14071 423-7656 fi FACSIMILE 14071 648-1743 , TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. /City AttorneyPIL DATE: January 27, 1994 RE: Orange County (Plaintiff) vs. City of Ocoee (Defendant) ; Case No. CI-93-245/ Proposed Settlement Agreement On January 13, 1993 Orange County filed suit against the City challenging the validity of certain annexation and zoning ordinances adopted by the City Commission in December 1992 and January 1993 . On March 4, 1993 , the County filed an Amended Complaint in connection with this lawsuit. Pursuant to Chapter 164, Florida Statutes, the Orange County Commission and Ocoee City Commission held a joint meeting on February 22, 1993 in order to discuss the litigation and attempt to settle the controversy. While the City and County did not resolve the dispute at the joint meeting, the City agreed to consider a request by Chairman Chapin that the City and County staffs meet in an effort to pursue a settlement. The City Commission agreed to consider that request after a meeting with the affected property owners. On March 2, 1993 , the City Commission met to discuss the litigation with the affected property owners. In an effort to meet the concerns of both the City and the affected property owners, the City Commission approved a proposed response to Orange County (copy attached) . On March 24, 1993 , the Orange County Commission accepted the framework for settlement discussions proposed by the City and directed its staff to meet with the City staff and the affected property owners. These actions set the framework for the settlement negotiations between the City and County staffs. The litigation has been abated during the course of these settlement negotiations. Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 2 The City negotiating team designated by Mr. Shapiro consisted of Ellis Shapiro, Paul Rosenthal, Montye Beamer, Bruce Behrens, Jim Shira, and Ken Hooper. Mr. Behrens was later replaced by Russ Wagner on the negotiating team. We are pleased to report that a proposed settlement has been reached with Orange County which is consistent with the direction set by the City Commission. In accordance with the provisions of Chapter 164, Florida Statutes, the Orange County Commission held a Public Hearing on January 25, 1994 to consider the proposed settlement. At that hearing, the Orange County Commission unanimously voted to approve the proposed settlement with the City. In accordance with Chapter 164, Florida Statutes, a similar Public Hearing has been scheduled before the City Commission at your meeting of February 1, 1994. For your consideration, please find enclosed the following settlement documents as approved by Orange County: (1) Settlement Agreement between Orange County and the City of Ocoee, which includes as exhibits thereto a proposed Joint Planning Area Agreement, Joint Motion and Stipulated Partial Final Judgment. (2) Joint Planning Area Agreement between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties. (3) Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. , Inc. , and S.C. Battaglia, Trustee. (4) First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) by and between Orange County and the City of Ocoee. (5) First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) by and between Orange County and the City of Ocoee. The above-referenced documents are collectively referred to as the "Settlement Documents". The Settlement Documents will result in a dismissal in the Lawsuit with respect to all of the challenged ordinances except for those relating to the Baker, Blayer and Guess annexations and Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 3 zoning in the area of Gotha. A new Joint Planning Area Agreement ("the JPAA") is the centerpiece of the proposed settlement. Highlights of the proposed Joint Planning Area Agreement are as follows: (1) A Joint Planning Area ("JPA") is defined. The City is prohibited from annexing lands outside of the Joint Planning Area during the ten year term of the JPAA. (2) Future land uses are established for that portion of the JPA currently located within unincorporated Orange County. Future land uses for the lands annexed in December 1992 are not subject to joint planning with Orange County. (3) Stringent provisions are provided for the preservation of the Clarcona and Gotha Rural Settlements. (4) Both the City and County are required to amend their respective comprehensive plans in order to incorporate the provisions of the JPAA. (5) Assurances are provided by the County for the provision of sewer and water service to those lands located within the corporate limits of the City, but outside of the City sewer and water service territories. (6) A Planning Advisory Committee ("PAC") will be formed consisting of two members appointed by the City, two members appointed by the County and a fifth member appointed by the members of the PAC. This committee is purely advisory. (7) The East Central Florida Regional Planning Council is designated as a forum for informal non-binding mediation. Both the City and the County agree to such mediation. (8) The County has agreed to consider in good faith any request from the City for improvements, at the City's expense, to County roads within the Joint Planning Area. The County has specifically authorized the City to make improvements to Maguire Road in accordance with the County's permitting procedures. Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 4 (9) The JPAA does not affect development of lands within the JPA which are located in unincorporated Orange County and do not annex into the corporate limits of the City. (10) The JPAA supersedes the current Interlocal Agreement dated January 20, 1987. The above is a highlight of the provisions of the JPAA and is not intended to be a comprehensive presentation of all matters addressed therein. The City negotiating team unanimously recommends that the City Commission approve the Settlement Documents as approved by Orange County at its public hearing. RECOMMENDATION: It respectfully is recommended that the City Commission (1) approve the Settlement Agreement between Orange County and the City of Ocoee, (2) approve the Joint Planning Area Agreement Between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties, (3) approve the Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. , Inc. and S.C. Battaglia, Trustee, (4) approve the First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) between Orange County and the City of Ocoee, (5) approve the First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-88) between Orange County and the City of Ocoee, and (6) authorize execution of the foregoing Settlement Documents by the Mayor and City Clerk. CAWS!DOCSwcoEMEMOSTERnai01.27I I I/27/9410248 I PFxh "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COM,WSSIONER Ocoee S.SCOTT VANDERGR1Fr Q� � ., r/i ti�° CITY OF OCOEE RUSTY JOHCOMMISSIONSON O - J 150 N.LAKESHORE DRIVE PAUL W.FOSTER v O OCOEE,FLORIDA 34761 VERN COMBS y `�v (407)656-2322 SAM WOODSON l�4 �F G00��`J ELL SHAPI O March 5, 1993 D p rrr : "•" ,, OA The Honorable Linda W. Chapin Orange County Chairman FCLZ1' itif lAbgElik 201 S . Rosalind Avenue - 5th Floor Orlando, FL 32801 RE: ANNEXATION AND ZONING DISPUTE BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY Dear Chairman Chapin: The City of Ocoee appreciated the opportunity to meet last week with you and the Orange County Commission. We then advised you that the City would meet with the affected property owners before taking any actions . At the Ocoee City Commission meeting this past Tuesday many of the affected property owners appeared to present their views on the dispute . After hearing public and staff comments, the Ocoee City Commission agreed to accept your request that the City and County staff meet in an effort to pursue a settlement. For your consideration, attached is a copy of the actions taken by the Ocoee City Commission. We believe these actions are consistent with statements made by you and other members of the County Commission. Ocoee' s proposal involves two key elements . First, triparty settlement discussions involving the City, County and each affected property owner in those instances where requested to do so by the property owners . All of the property owners have indicated a desire to meet with the County. These discussions should address short term issues . Second, the immediate pursuit of a new Joint Planning Area Agreement . Such an agreement would address the long term issues in order to avoid future litigation between the City and the County. The City of Ocoee has been and remains committed to joint planning with Orange County regarding the future of those areas of unincorporated Orange County adjacent to the City limits . Any such joint planning must address land use, sewer and water issues . The resolution of conflicts between the City and County Future Land Use Maps should also be a key goal . The City Commission also envisions a mutual recognition of responsibly sized rural settlement areas for Clarcona and Gotha. I think we both can agree that it is finally time for Ocoee and Orange County to meet to discuss the future growth of West Orange County. Chairman Linda Chapin Page Two March 5, 1993 At last Tuesday' s meeting the Ocoee City Commission and the affected property owners decided to request that the County defer for 90 days all legal proceedings in connection with the annexation and zoning challenges. This would allow us to focus on the settlement discussions without unnecessary distractions and legal maneuvering. While the City hopes that the County will agree, the City' s settlement proposal is not contingent upon any such agreement . The City is prepared to meet with the County in order to pursue short terms goals -- settlement discussions regarding the recent annexations and zonings and long term goals -- a new Joint Planning Area Agreement -- even if the County decides that it needs to continue to pursue litigation against the City. The first step would be for the County Attorney and the City Attorney to agree that settlement discussions between the City and County staffs are inadmissable in any proceeding. This would allow such discussions to take place in an open and frank atmosphere . We look forward to your response and to working with you and your staff to finally develop a common plan for the future of West Orange County. Sincerely, i l Ellij:piro City ager ES : fdg cc: Mayor S . Scott Vandergrift City Commission Paul Rosenthal, City Attorney James W. Shira, City Engineer/Utilities Director Montye Beamer, Director of Administrative Services Orange County Commission Thomas J. Wilkes, Jr. , County Attorney Ocoee Planning & Zoning Commission Property Owners Affected by Orange County Annexation/Zoning Challenges Cecilia Bernier, Town Manager, Windermere Robert J. Pleus, Mayor, Windermere Ray Creech, City Manager, Winter Garden Jack L. Quesinberry, Mayor, Winter Garden John H. Land, Mayor, Apopka • "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT rtN ' CITY OF OCOEERUSTY JOHNSON a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER 0 OCOEE,FLORIDA 34761 VERN COMBS (407)6561322 SAM WOODSON E4, `� OF G 000 CITY MANAGER CITY OF OCOEE RESPONSE TO COUNTY ELLIS SHAPIRO ANNEXATION/ZONING CHALLENGES AT ITS MEETING OF MARCH 2, 1993, THE OCOEE CITY COMMISSION APPROVED THE FOLLOWING: 1 . That the City staff meet with the County to discuss settlement options in all cases where requested to do so by the property owner; provided that all such discussions are settlement negotiations which are inadmissible in any proceeding. 2 . That the County Commission be requested to direct its staff to pursue settlement discussions with the City and that the County Commission review with its staff each annexation and zoning on an individual basis before pursuing further legal challenges . 3 . That the City Commission direct the City staff to immediately pursue a new Joint Planning Area Agreement between the City and County which would address the following subjects : a. The recognition of responsibly sized rural settlement areas for Clarcona and Gotha. b. The identification of new joint planning areas, consistent with the CAMP Agreement, within which the City and County will joint plan and mutually agree upon future land uses . The goal would be to promptly resolve inconsistencies between the City and County Future Land Use Maps as to those lands currently within unincorporated Orange County. c . The identification of new sewer and water service areas which recognize the current City limits, the boundaries of any new joint planning area and the capital investments previously made by the County. It is envisioned that this aspect of a new Joint Planning Area Agreement would include new sewer and water territorial agreements which could address the wholesaling of the County' s excess sewer capacity. d. That any such new Joint Planning Area Agreement recognize the December 1992/January 1993 annexations and zonings approved by the City except in those cases where the City, the affected property owner and the County have mutually agreed upon alternative future land uses as part of a settlement of the current dispute. % 4 . That the City staff be directed to meet with the County staff in order to agree, by March 23rd, on a time frame for concluding a new Joint Planning Area Agreement and that a time deadline be established for the accomplishment of identifiable tasks and that the County Commission be requested to direct its staff to immediately meet with the City staff for this purpose. 5 . That the County Commission be requested to direct its staff to pursue a settlement of the current annexation/zoning dispute by working toward a comprehensive approach to land use, sewer and water issues impacting the City and those portions of unincorporated Orange County adjacent to the City. 6 . That the City staff be directed to continue to attend all meetings scheduled by the County to address planning issues affecting local governments in Orange County, provided that the meetings do not specifically concern or address the challenged annexations and zonings . 7 . That the County be requested to defer for ninety (90) days all legal proceedings in connection with the County' s annexation and zoning challenges in order to allow the proposed settlement discussions to be pursued without unnecessary distractions and legal maneuvering.