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HomeMy WebLinkAbout1998 01 12 Other Item 2 Date: 01121998 The following Minutes for Special Meeting 12241997 were approved during the 01/12/1998 Regular City Commission Meeting for this date. SPECIAL MEETING CITY COMMISSION DECEMBER 24, 1997 The Special Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 12: 1 0 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bruce Blackwell, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present AGENDA City Manager A. Requesting Commission to accept conveyance of the proposed Mikes donation of sixty nine (69) acres of the Tuscawilla PUD to the City and grant authorization to the Manager to sign all documentation associated with this donation. PURPOSE: for the Commission to accept conveyance of the proposed Mikes donation of sixty nine (69) acres of the Tuscawilla PUD to the City and grant authorization to the Manager to sign all documentation associated with this donation. This property is located to the east of Greenbriar Lane and bounded on the outward perimeter by the 11 th through the 16th holes of The Tuscawilla Country Club Golf Course: Manager McLemore gave his presentation and stated that this item has been in discussion for some time with the City and involves an area which is basically, for the most part unbuildable. It could be used for a park lands; there is an existing conservation easement over a portion of the land, there is an incumbence in the deed that says it will forever be maintained as park land or for conservation area. Manager McLemore stated that Mr. Mikes has been trying to resolve this matter with the City for some time and stated that the City's Attorneys have had substantial review of this, in terms of what it means or could mean to us (City) relative to any other litigation and stated that he feels the City has cleared that. Manager McLemore said that according to Mr. Mikes accountants, this has to be done within this calender year or Mr. Mikes looses the ability to take the tax benefit for the tax donation and that is the reason for this Special Meeting. Manager McLemore said we are just in receipt of the title work and we have discovered there are some additional issues relative to the land and said that he doesn't think they create a problem. Attorney Blackwell said there appears to be, over the past several years, a number of law suits involving Mr. Mikes' company/companies and there has been some "lis pendens" (notice of on- going litigation that has been filed against the property), Mr. Bernie Martin (who does real estate work for the City) has indicated that there are a number ofthose there that he has not yet had the time to investigate to see if they are still valid, whether they have expired because the law suits are over, but that is something we hope he will be able to do before the end of the year. Attorney Blackwell said generally, we are getting something by quick claim deed, so we are getting whatever the owner Special Meetine: City Commission December 24. 1997 97 -98-06 Pae:e 2 has. Attorney Blackwell stated that this has been on-going for a long period of time and said a prior City Commission had generally agreed to accept this land subject to not having a bad environmental audit. There has been an environmental audit done and it was good, so whatever we are getting is whatever he has and may be incumbered by lis pendens, we simply want to make certain that there is no monetary damage against the City. Attorney Blackwell said what the City is getting is a donation and it is mostly wetlands, it has very little utilitarian use right now, but as most wetlands it may be a significant interest to the City in years to come. Attorney Blackwell stated that subject to us checking further on the lis pendens, he doesn't see a problem with that from a legal standpoint and said he didn't think the City would have monetary damage claims brought against the City. Mayor Partyka asked for clarification, and asked if this means that the Commission needs to make a final decision based on the lis pendens. Manager McLemore said his recommendation to the Commission is that the Commission authorize the acceptance of this donation based upon our acceptance review of the lis pendens and the determination that there is nothing there that creates a liability for the City. Manager McLemore said in order for him to execute any documents on the Commission's behalf, we have to clear that first. Discussion. Herb Darvin, 1391 Ayerswood Ct., asked about delinquent taxes and also asked about some of the property not being designated recreational and asked is the City is sure that there is no toxic waste sites on this land. Manager McLemore stated that as of yesterday (12-23-97) there were taxes due, the City has warrants from Mr. Mikes that all taxes will be paid by him as a condition of this acceptance and Manager McLemore stated that they probably were paid this morning; this acceptance will not be finalized until all taxes are paid. Manager McLemore said the deed encumbers this land as forever conservation. Manager McLemore said in terms of the toxic waste, we have reviewed the . environmental audit extensively (several different people) and there are no indication of any of those kinds liabilities on this property, the property appears to be very pristine wetlands and free of those kind of problems. Elizabeth Light, 858 Bentley Green Circle, asked if this is intended as a barter or trade for Mr. Mikes to build more houses. Attorney Blackwell said in looking at the letter from Mr. Mikes, it is clear from his letter as it is clear from the statements from the City Manager, that there are no quick pro quos for this donation. This . is not a donation that was offered in the last few days or weeks; this is a donation request which goes back a period of years. At the time of the first donation request, the City officials were very concerned about issues of environmental damage; the City's idea at the time was if it came through Special Meetine: City Commission December 24.1997 97-98-06 Pae:e 3 with a clean environmental audit, the City was interested in the 69 acres. The environmental audit was completed and there are no problems, therefore that issue is not a problem; as to the issue whether Mr. Mikes (the corporations in which he has an interest) as to whether he plans to build additional houses or whatever, Mr. Blackwell stated that with the exclusion of approximately 12 to 15 lots, at the present time, neither Mr. Mikes or any of the corporations of which Mr. Mikes has an interest, owns any further property within the Tuscawilla PUD. Dan Dyche, 846 Bentley Green Circle, asked about lis pendens. Attorney Blackwell explained lis pendens. Commissioner McLeod mentioned access to the property, and said that there is a street beside the property and asked ifthere are any easement stoppage from that street over, so there is good access to the property. Commissioner McLeod said he thinks that should be looked at, and said this needs to be part ofthe motion that acceptance of this property, we must have access to the property. Commissioner McLeod asked if there would be problems in the deed restrictions if the City developed the property as a nature path or a park. Manager McLemore said the City could not build ball fields but the City could put a nature path, walking area and those kind of things, only passive recreational activity. Commissioner McLeod mentioned that couldn't a park be built if there is some high and dry area in the property. Manager McLemore explained that only passive recreation in conservation areas. Commissioner Gennell said she wants to make sure that in the deed there is nothing that precludes good recreational uses in the form of normally perceived conservation areas such as board walks, over-sights and things like that, maybe a small picnic area. Manager McLemore said that is the type of uses, team sports are not. Commissioner Blake asked what would be need to be done to redue the deed if the City decides to have an active recreation area. Discussion. Motion was made by Commissioner Blake that the City accepts the 69 acres so designated in this Board Item, subject to the City Manager and legal staff being able to renegotiate the special warranty deed to enable the City at some time in the future to utilize certain portions of the 69 acres as an active recreational area and the lis pendens issue and the right-of-way issue. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion fails. Motion was made by Commissioner Miller to accept Mr. Mikes offer as is and include the special conditions - lis pendens and the right of way issue. Seconded by Commissioner Special Meetine: City Commission December 24.1997 97 -98-06 Pae:e 4 Gennell. Discussion. V ote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Manager McLemore stated to the Commission that a work shop is needed to discuss the Tuscawilla Beautification Project. Discussion. It was determined that there will be a Workshop on the Tuscawilla Beautification Project on January 12, 1998, at 4:30 p.m. - prior to the Regular Scheduled Meeting. The meeting adjourned at 1 :00 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: PAUL P. PARTYKA, MAYOR