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HomeMy WebLinkAbout1996 06 24 Regular Item B ? COMMISSION AGENDA ITEM B ADD ON REGULAR X CONSENT INFORMATIONAL June 24, 1996 Meeting MGR ~ wI1 IDEPT Authorization REQUEST: City Manager requesting the City Commission to provide direction regarding the City's role in providing emergency storm drainage services to the residents of Wedgewood Golf Villas in Tuscawilla and advising all parties of the imminent potential for property damage resulting from flooding, PURPOSE: The purpose of this Agenda Item is for the Commission to provide the City Manager with Direction regarding the use of Public Funds to provide emergency storm drainage services to the residents of Wedgewood Golf Villa's, and to advise all parties of the imminent threat of property damage from storm water. CONSIDERA nONS: On June 20 and 21, 1996 residents of Wedge wood Golf Villa's in Tuscawilla contacted the City regarding potential flooding of houses located in the development adjacent to the Tuscawilla Golf Course. In response to this complaint, the Staff talked to Jim Mikes to determine what if anything he proposed to do to resolve this problem. Mr. Mikes reiterated that he had presented a plan to the Property Owner's Association that would resolve the situation but that the Property Owner's Association would not go along with his proposal. Mr. Mikes pointed out that this was the same plan he had previously presented to the City for review. Staff spoke with Mr. Correll, President of the Home Owner's Association who stated that Mr. Mikes had not provided the Association with a plan. Page 1 -l ISSUE ANALYSIS: ISSUE I: Imminent Property Damage Hazard We are currently in an unusually wet climatic cycle in ~hich the ground water table is unusually high. Rainfall events common to this area during the summer month's could result in the houses located at the lowest point in the problem area being inundated by storm water. This situation necessitates action on the part of the parties to take immediate actions to mitigate the potential for property damage. However, at this time such action does not appear to be likely due to the current posturing of the developer and the Property Owner's Association. ISSUE II: The City's Role Due to inaction on the part of the developer and the Property Owner's Association, during threatening conditions, the owner's of the re.sidences in danger of flooding contact the City for help. The City has responded with pumps to keep water from rising into thier houses, The problem area is located exclusively on private property. As such, the City has no obligation and possibly no right to expend tax payers funds to assist the threatened property owner's. Continuing actions on the part of the City to intervane in the situation probably adds to the inaction of the Property Owner's Association and the developer. ALTERNATIVES The Commission has at least the following alternatives. 1) Direct the City Manager to continue providing assistance to the property owner's in danger of flooding. This action will result in the City being continuously called to the scene during the summer rain season to pump water levels down, and probably facilitate the continuing stand off between the Property Owner's Association and the developer. This could also result in the City getting involved in litigation between the parties or being sued for damages resulting from our efforts to assist. Finally this action is creating a potential dangerous reliance between the City and the property owner's. Page 2 2) Direct the City Manager to immediately cease providing assistance to the property owner's in danger of flooding. This could result in the property owner's being flooded since past and current actions have created a feeling of reliance on the City, .. 3) Give Constructive Notice to the parties that the City will cease all assistance at a time certain in the near future. This alternative would give the property owner's in danger of flooding time to seek legal remedy, and to provide for their own means of pumping excess storm water from their property, and/or other appropriate actions. RECOMMENDATION: It is recommended that the City Commission give Constructive Notice to effected parties that the City will cease providing emergency public storm water management services on the private property of Wedge wood Golf Villa's on June 30, 1996 thereby giving the effected parties time to take whatever appropriated action they deem necessary to protect their interest, and ceasing the expenditures of public funds on private property, It also is recommended that this Constructive Notice warn the parties of the imminent potential for property damage resulting from current climatic and ground water conditions. IMPLEMENTA TION SCHEDULE: ATTACHMENTS: COMMISSION ACTION: Page 3