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HomeMy WebLinkAbout06072006 Special HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING MINUTES JUNE 7, 2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio City Engineer, Dave Fisher Deputy City Clerk, Jeanette Williams 4. SPECIAL MEETING ITEMS: (City Manager Memo 7/1/06, CATF 5/31/06 Draft Minutes) Mayor McCollum requested addition of an item to approve Council attendance at the Florida League of Cities conference and the item was added on a voice vote of 5-0. He stated that this is an opportunity for the Clerks office to expedite registration and hotel paperwork for the August conference if any members of Council wish to attend. On MOTION by Ms Coy and SECOND by Mr. Neglia City Council approved attendance at the August Florida League of Cities Conference in Jacksonville by any member of Council who wishes to attend on a roll call of 5-0. Special City Council Meeting June 7, 2006 Page Two A. Collier Creek Update The City Manager gave a brief background on the Collier Creek Canal Project and provided a memo dated June 7, 2006 with new information about funding issues (see attached). He reported that in discussions with St. Johns River Water Management District (SJRWMD) in the last few days, it had been brought to the attention of staff that SJRWMD staff will not allow the City to use the maintenance option which might have saved money, and rather would view the dredging project as a capital project, however, it had also been found that there are other ways to dredge which will reduce costs and there are local contractors who may be interested in the project and utilization of the dredged spoils. He recommended Council stay the course, allow staff to proceed with the permitting process, and assured them the project may now stay with the $3.5 M cost estimate, and if this is the case, it may not have an impact on funding of other projects. The City Manager said the Easy Street Community Development Block Grant (CDBG) is not a done deal and if we are not successful with the grant, more money may open up for the Collier Creek project. He did warn, however, that we are going to peak ourselves out with all the projects on the table, so recommended again to stay the course on Collier Creek and start other projects slowly as actual costs are determined. He asked Council to provide direction on the long-term citywide curb and gutter policy established by a previous Council, which if followed would cost in the area of $50M. He said if Council moves forward with curb and gutter it goes against SJRWMD and all other projects will need to be held. Mickey Groeppler, Sebastian. asked if anyone had looked into gate gabions as a method to repair the seawalls, and what material goes behind the rip rap. The City Manager explained again that to fix the creek there were two options, maintenance and capital and that the City cannot get through the maintenance door and if attempted it would probably result in a litigious process. He said SJRWMD would say this is not maintenance because the City has not done maintenance on a regular basis, so we will go into capital project status and we have to go by SJRWMD regulations which is retention and detention, and in addition wading bird mitigation will need to be addressed. He said that SJRWMD prefers rip-rap. Eugene Wolff, Wimbrow Drive, Sebastian, asked the City Manager how deep a dredge this will be, and the City Manager said in 1970 the canal bottom was 9 feet above mean sea level and now shows at 11 feet MSL and that SJRWMD proposes 11 to 5 MSL. He said because of wading bird habitat there is a new cross section planned and there will be some spots where we won't dredge at all and will leave the habitat. He said the short answer is that we are trying to get to 6 MSL but it will depend on SJRWMD, and SJRWMD said if we are going to improve the canal we have to deep dredge in those areas that don't have to be mitigated for wading birds. 2 Special City Council Meeting June 7, 2006 Page Three Mr. Wolff said it is a pity because maintenance would allow so many other projects and it may be worth at least trying to negotiate with SJRWMD; and that it would be prudent to review it by section because essentially we don't need the canal repair today. The City Manager said staff is trying to get a permit for the whole length of the canal and then if necessary do the project in sections. Mr. Wolff asked if there were any discussions on asbestos abatement. AI Manzi, Holden Avenue, Sebastian, asked if CR 512 to Main Street was the primary focus, and the City Manager responded it was. Mr. Manzi said certain parts of the canal are very narrow and homes are very close to it and recommended the City be mindful of how deep dredging will affect them. The City Manager responded we are not going to go outside of where the walls are now and in fact some areas of the canal may end up being narrower. Mr. Manzi recommended some type of encapsulation of seawalls and said he was not in favor of rip-rap due to accessibility to canal. Mary Ingui, 626 Layport Drive asked what happens with sheets of asbestos. Bob Audette, 755 Wimbrow Drive, asked the City Manager if they had asked SJRWMD if rocks were eliminated, would it eliminate the mitigation requirement. The City Manager responded that the walls are not relevant to the wading birds, that wading birds are an effect of our neglect to maintain the canals over the years, that they are not native to the canal but because of our neglect we created the habitat conditions and we will have to build islands for these non-native birds to wade. Mr. Audette suggested if there was a sodded bank the birds would just stay there, and the City Manager responded SJRWMD still wants to see ledges whether they are attached to rocks or sod. Dave Derda, 585 Wimbrow Drive, asked where the rip-rap goes. Eric Groetke, Camp, Dresser & McKee, Inc., the City's engineering consultant on the project, responded to all questions, stating they did look into gab ions but there were higher costs involved because of concrete costs; that fabric will be under the rip rap rock for stabilization; that curb and gutter was one of the drivers in this project and further explained that pollutant loading requirements which were provided in 2003 and intended to be law by 2004 were a driving factor. He said the original idea for this project was to partner with SJRWMD and have a funding agreement, thus the need for a stormwater master plan. He said the City has been successful with stormwater projects such as Stonecrop, the Twin Ditches and Periwinkle projects, and have also been successful with EPA funding. 3 Special City Council Meeting June 7, 2006 Page Four Mr. Groetke said the Florida Dept. of Environmental Protection (DEP) is happy that something like this is being handled to address the asbestos problem and the City will work within their guidelines for the encapsulation as much as possible, and that the only concern is for material becoming airborne. He stated that encapsulation is the preferred method. Mr. Groetke said SJRWMD prefers rip-rap over sod, because of potential of pesticides and erosion with sodded slopes. He said our target will be right-of-way lines wherever possible, however we may have to go into backyards to avoid mitigation aspect and there may be less water surface area in certain locations. In response to Mr. Wolff, Mr. Groetke said we can move asbestos sheets over and entomb them. In response to Ms. Groeppler, Mr. Groetke said as part of the permitting process we have to identify what we are doing and do have turbidity areas and can put in temporary dams and pump water from one side to another to protect wildlife species. He further said Lake Hardee is not part of the dredging area so wildlife can go there and SJRWMD is happy with that. In response to Mr. Derda, Mr. Groetke said it was the City's original intent to pump to a SJRWMD disposal area north of St. Sebastian River in conjunction with an on-going dredging project in the St. Sebastian River and Indian River Lagoon, however, as the City Manager pointed out, it was recently discovered that this would have driven the cost up to approximately $6M because we could not ride on their project but would have to do it on our own at an additional cost of $2M. Mr. Groetke said we have talked with local contractors and the clamshell approach, which is done with barges and taking the sludge material away by truck to other areas where it can be spread out, is less expensive. In response to Mr. Derda, Mr. Groetke said there appear to be three sections where equipment has to get in and that they have identified three properties which we could possibly lease. In response to Mr. Wolff, Mr. Groetke said there is no set length requirements, only depth requirements for dredging. In response to Mr. Manzi, Mr. Groetke said there would ultimately be a 3 to 1 slope, that filter fabric helps with erosion coming out and the slopes' ability to hold the wall. He said rock stabilizes the fabric and fabric stabilizes the slope. He further stated we currently have a five-day detention and we are looking at 10 to 15 days. In response to Mr. Manzi, Mr. Groetke said we are dredging and deepening the water, which gives more opportunity for treatment and that water is currently going out in five days with little or no treatment. 4 Special City Council Meeting June 7, 2006 Page Five Mr. Manzi recommended we should limit the amount of hardscapes in residential construction and use cisterns and silt fences. Mr. Paternoster advocated the use of silt fences. In response to Mr. Paternoster, the City Attorney said the City is not going into people's yards, but that actually some seawalls were built beyond their actual yard citing one area where the seawall is built 26 feet into City right-of-way. Mr. Neglia read from a SJRWMD paper regarding use of fabric and stated that rip-rap is better than sodded slope. In response to Mr. Neglia, the City Manager said clamshell dredging could greatly reduce costs; that we are currently in staff review and then if staff approves. we move to the SJRWMD board. The City Manager gave the proposed schedule as follows: Four to six weeks staff working to meet regulations, then get on SJRWMD board agenda, then a minimum wait of 60 days, if approved get a permit in October, then go out to bid, then review bids in December and bring it to Council - Council awards a construction bid, then issue notice to proceed, which he thinks can happen in January 2007. Mr. Neglia recommended a new policy statement by this Council that curb and gutter citywide is not the way to go. Mayor McCollum agreed with eliminating curb and gutter as an overall policy; and asked why negotiation with SJRWMD is necessary and don't they have specific regulations they work from. The City Manager again explained that negotiation would have to take place if staff wanted to proceed from a maintenance standpoint, and because the City did not have a regular maintenance program on the canals SJRWMD says it is not exempt from the permitting process. He said if City staff wanted to pursue the maintenance option we would have to negotiate. He said the rule book for capital speaks to detention time. Mr. Groetke further stated that negotiation comes into play mainly on the mitigation side where we are disturbing existing habitat. Mayor McCollum said this is a perfect example of taxation without representation, and asked if there is an expiration for permits. Mr. Groetke said permits are five years and extendable for another five years. Mayor McCollum said he would be agreeable with doing the project in pieces, but would feel more comfortable doing the permitting for the entire project at once. Mr. Groetke said DEP so far is ok with the City's plans for asbestos. 5 Special City Council Meeting June 7, 2006 Page Six Mayor McCollum requested that before we do our first dredging operation, we get approval in writing from DEP; and that he agrees with staying the course but it would have been nice to have been able to do it as a maintenance project. The City Attorney pointed out that after doing this work we can do regular maintenance. Mayor McCollum said he would attend the SJRWMD board meeting with the City Manager. Vice Mayor Burkeen said he was not in favor of permitting in sections. Ms. Coy said there could be access for recreation at Hardee Park and there may be grants available for this; and discussed use of silt fences. The City Engineer said we can require silt fences, but at this time they are directed to major projects and can come up with our own internal guidelines. The City Attorney said we have discussed putting them around residential but did not go forward, however, we are within our authority to do this when work is being done along a canal. The City Engineer said he would discuss this with staff and report to the City Manager. Ms. Coy said she remembered we were going to get voluntary compliance where needed; and agreed with Council on a new curb and gutter policy. On MOTION by Mr. Neglia and SECOND by Ms. Coy, the City Manager was direct not to go forward with curb and gutter on a roll call vote of 5-0. The City Manager said his approach would be not to address citywide but that it can approached on an individual basis. Mayor McCollum called recess from 7:40 p.m. to 7:52 p.m. All members were present. B. Sidewalk Improvements Discussion took place on the list of sidewalks provided by the Mayor at a previous meeting and added to by staff. The City Manager recommended, in his opinion, that Council consider quarter round or drainage needs prior to installation of sidewalks. Scott Simpson, SRMS teacher, asked when and if sidewalk from the library to the new Publix will be installed. 6 Special City Council Meeting June 7, 2006 Page Seven Mayor McCollum, as a member of IRC MPO, suggested Mr. Stinson write him or Vice Mayor Burkeen a letter of request. The City Attorney pointed out that there is a sidewalk planned for the north side of CR512 in the expansion project at least out to the middle school. The City Manager said staff will provide specs to Council, then we can get public input on where we will put sidewalks, and then move forward with the bid process Mr. Wolff suggested the sidewalks not undulate as they do on Barber Street. Mayor McCollum said he had received several calls cheering their plan to install sidewalks, particularly people on Laconia, Periwinkle, and Barber Street; that public safety is something he is always concerned about; and suggested doing $500,000 worth of sidewalks now and then when Collier Creek figures come in do another $500,000 if it is available Vice Mayor Burkeen said this is a significant life safety issue. he has received phone calls and e-mails, and said he would like to see the project done in its entirety - all streets listed. Ms. Coy agreed with spending $500,000, and then when we get a better handle we can move forward; and said she was prepared to put off the community center and garage to a later date. The City Manager said the sidewalk project would be a competitive bid process; and recapped revenue sources as set out in the backup. Mr. Paternoster said public safety is fine but he didn't want to put drainage aside; and in response to his questions. the City Manager said a good rule of thumb is the west side of Fleming is a good example of what we are going to be doing, and reminded Council that sidewalks are really curb and gutter projects as well. Mr. Paternoster agreed with the half million. Mr. Neglia said he got an e-mail about need for a sidewalk on Main Street near Wimbrow. The City Manager said we construct sidewalks across empty lots but they do not get a certificate of occupancy until contractors repair damages to the sidewalk. Mr. Neglia asked if we don't build garage could we allocate $1 M just to get more work done now. The City Manager said we have some ground contamination problems at garage, and it is now on the desk of DEP and they will tell us how to remediate; that as long as it is public property. mitigation will probably be groundwater monitoring, but if we sell or change use we may have some remediation issues which will affect our plans to relocate the garage in the 7 Special City Council Meeting June 7, 2006 Page Eight short term. He recommended holding off on the garage until we get a clear report from DEP and we could apply that $300,000 to sidewalks or roll it back into DST. Mayor McCollum said he would like to go with his list of streets with the $650,000. The City Manager requested authority to prepare bid specs, have them allocate $650,000, then go to public hearing to determine what roads need to be done and then bid out and by fall we are building sidewalks. On MOTION by Mayor McCollum and SECOND by Mr. Paternoster, Council allocated $650,000 from a combination of fuel tax and DST funds for sidewalks and gave the City Manager time to draw up specs and provide information back to Council on a roll call of 5-0. Mayor McCollum said he is not abandoning the other projects such as community center or garage but a site must be selected and there is interest to move the garage but it does not need to be done immediately. C. Recommendation for Community Development Block Grant Project The City Manager said the Citizens Advisory Task Force (CATF) recommended the City move forward on the Easy Street project. Members expressed appreciation to CA TF for their work on this project and stated if not eligible for a CDBG Easy Street will still need to be done in some capacity. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, City Council accepted the recommendation of the Citizen Advisory Task Force to submit Easy Street as a CDBG project on a roll call vote of 5-0. 5. Being no further business, Mayor McCollum adjourned the Special Meeting at 8:37 p.m. lar City Council Meeting. t/J'J '- 8 MEMO Date: To: From: RE: 7 June 2006 AI Minner, City Manager Dave Fisher, City Engineer Collier Creek Dredging Project Further to my "worse case scenario" email to you on 22 May 06 and your own memo to City Council dated 1 June 06, this is to advise we have met with SJRWMD staff and, accordingly, further reviewed and evaluated alternatives for going forward with the Collier Creek Dredging Project. This most recent activity and the resulting current information now on hand leads us to expect: (1) the project can be satisfactorily permitted with relatively minor design changes to comply with SJRWMD requirements; (2) the project can be out to bid to qualified contractors by September / October 2006; and (3) the project can be accomplished within a $3.5 million budget. As you know, the Collier Creek Dredging Project is currently in the permitting stage. We have met with SJRWMD staff on numerous occasions and most recently regarding their request for additional information. The additional information now required mainly involves (1) the proposed method for dredging and for handling the dredged material and (2) some design / construction measures for mitigation of wading bird habitat in the canal area. We currently expect SJRWMD staff approval by August (about two months out) and final SJRWMD Board approval in October (about 4 months out). We currently anticipate going out to bid for the project in September / October (about 3 to 4 months out) with bid responses in hand by end November (about 5 months out). Notice to Proceed with construction on the project is currently expected by January 2007. The current projected total budget for the project is approximately $3.5 million. We currently expect to meet that budget requirement. This expectation is based on latest information regarding dredging methodology, the utilization and market value of dredged material, and now more certainty regarding likely mitigation requirements. Some further aspects of the project planning are also noted here: . The previously favored alternative calling for pumping of dredged material to the South Prong of the St. Sebastian River and thence northward to a SJRWMD containment area is no longer considered viable due to a recent change in the schedule for SJRWMD's own project that would in turn delay such pumping for at least three years. . The possibility of changing the scope of the project to treat it as a "maintenance" project is no longer being considered. The reason for discarding this alternative is that the City would not be able to obtain a "maintenance project permit exemption" from SJRWMD because of the previous lack of regular maintenance of the canal. . The Collier Creek Dredging Project now envisioned going forward would meet the previously stated goals and objectives related to the City possibly converting swales to curb and gutter sometime in the future. It should be noted, however, the City may well want to revisit / readdress the currently stated goal of swale conversion because of possible effects on existing septic tank / drain field systems and its current impact on the planning and decision-making process related to other capital improvement projects, including road improvements and possible expansion of a sanitary sewer system. Based on the current outlook outlined above and the SJRWMD dredging requirements for wet detention, I recommend the City continue going forward with the permitting and subsequent bid solicitation for the Collier Creek Dredging Project. ~~v 1 ~'"""'\c. . 0<... Memo: Collier Creek Dredging Project Update 7 June 06/ Pg 1 of 1 DWF