Placement: New Business
Action Requested: Motion / Vote
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Authorize Staff and the City Attorney's Office to Take All Actions Necessary to Preserve the City's Rights and Interests In Its Property Being Affected by Mike’s Organic Topsoil and/or Marburger Ranch, LLC, Including Taking Legal Action and Communicating with St. Lucie County On Pending Applications
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Submitted By: Carly A. Fabien, Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City’s Mission to enhance our community’s safety.
Executive Summary (General Business): The City owns property adjacent to Mike’s Organic Topsoil, a vegetative debris recycling business, that has been operating in violation of St. Lucie County Code since 2022. The business is located on property owned by Marburger Ranch, LLC (“Marburger.”) The Marburger property is located at south of Glades Cutoff Road, West of Range Line Road, and North of the C-23 Canal (the “Property.”) There is a 1968 access easement in favor of the Property (the “1968” Easement). The 1968 Easement is located on property owned by the City of Port St. Lucie and adjacent to McCarty Ranch Extension (“Water Preserve”) - a water quality restoration facility. City staff believes that use of the Marburger Property as a vegetative debris recycling business causes the easement over the City property to be overburdened and is also incompatible with the adjacent Water Preserve.
Presentation Information: There is no formal presentation, but staff is available for questions.
Staff Recommendation: Move that the Council authorize staff and the City Attorney’s Office to take all actions necessary to preserve the City’s rights and interests with respect to impacts to the City caused by Mike’s Organic Topsoil and/or Marburger.
Alternate Recommendations:
1. Move that the Council amend the recommendation and authorize staff and the City Attorney’s Office to take all actions necessary to preserve the City’s rights and interests with respect to impacts to the City caused by Mike’s Organic Topsoil and/or Marburger.
2. Move that the Council not authorize staff and the City Attorney’s Office and provide direction.
Background: N/A
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: This item is time sensitive as the conditional use permit application, rezoning request, and Road Paving Waiver are currently pending with St. Lucie County, which if granted, would rectify Marburger Ranch, LLC’s and/or Mike Organic Topsoil’s, current code violations.
Location of Project: South of Glades Cutoff Road, West of Range Line Road, and North of the C-23 Canal
Business Impact Statement: N/A
Attachments:
1. 2022 Correspondence to Property Owner and Access Easement
2. Aerial Survey of Property
3. 2023 Correspondence to Property Owner
4. Mike’s Organic Topsoil Variance City of PSL Memo
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9645
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.