A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD October 14, 2019
AT 5:30 PM  Commission Chambers
121 SW FLAGLER AVE.
STUART, FLORIDA 34994

CITY COMMISSION

 

Mayor Rebecca S. Bruner
Vice Mayor Eula R. Clarke
Commissioner Kelli Glass Leighton
Commissioner Merritt Matheson
Commissioner Mike Meier

ADMINISTRATIVE

 

City Manager, David Dyess
City Attorney, Michael J. Mortell
City Clerk, Mary R. Kindel


Agenda items are available on our website at http://www.cityofstuart.us

Phone: (772) 288-5306 . Fax: (772) 288-5305 . E-mail: mkindel@ci.stuart.fl.us

 

In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation to attend this meeting should contact the City's ADA coordinator at 772-288-5306 at least 48 hours in advance of the meeting, excluding Saturday and Sunday.

 

If a person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he will need a record of the proceeding, and that for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

(RC) next to an item denotes there is a City Code requirement for a Roll Call vote.
(QJ) next to an item denotes that it is a quasi-judicial matter or public hearing.

WHAT IS CIVILITY? Civility is caring about one's identity, needs and beliefs without degrading someone else's in the process. Civility is more than merely being polite. Civility requires staying "present" even with those persons with whom we have deep-rooted and perhaps strong disagreements. It is about constantly being open to hear, learn, teach and change. It seeks common ground as a beginning point for dialogue. It is patience, grace, and strength of character. Civility is practiced in our City Hall.
ROLL CALL
PLEDGE OF ALLEGIANCE
1.

ARTS MOMENT -  SONG BY SAMARA LEWIS 

 

PROCLAMATIONS
2.

FLORIDA CITY GOVERNMENT WEEK - OCTOBER 21-27, 2019

 

3.

DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER 2019

 

PRESENTATIONS
4.

'REACH UP' EAST STUART YOUTH INITAITIVE ANTI-GANG/BULLYING CAMPAIGN, BY COMMUNITY SERVICES STAFF.

COMMENTS BY CITY COMMISSIONERS
COMMENTS BY CITY MANAGER
APPROVAL OF AGENDA
COMMENTS FROM THE PUBLIC (5 min. max)
PUBLIC COMMENT:   If a member of the public wishes to comment upon ANY subject matter, including quasi-judicial matters, please submit a Request to Speak form. These forms are available in the back of the Commission Chambers, and should be given to the City Clerk prior to introduction of the item number you would like to address.
CONSENT CALENDAR
CONSENT CALENDAR:   Those matters included under the Consent Calendar are self-explanatory, non-controversial, and are not expected to require review or discussion. All items will be enacted by one motion. If discussion on an item is desired by any City Commissioner that item may be removed by a City Commissioner from the Consent Calendar and considered separately. If an item is quasi-judicial it may be removed by a Commissioner or any member of the public from the Consent Calendar and considered separately.
5.

APPROVAL OF 09/23/2019 SCM PLASTICS WORKSHOP #3, 09/23/2019 SCM FINAL BUDGET, AND 09/23/2019 CCM MINUTES. (RC)

 

6.

ABANDONMENT OF TEMPORARY EASEMENT AT MARTIN LUTHER KING BLVD AND PALM BEACH RD. (RC):

 

RESOLUTION No. 93-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO TERMINATE AND ABANDON AN EXISTING TEMPORARY LANDSCAPE EASEMENT DEED ENTERED INTO WITH CLYDE COUTANT, TRUSTEE ON OR ABOUT APRIL 23, 2008; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

7.

AUTHORIZATION FOR SALE OF 2375 S. KANNER HIGHWAY (RC):

 

RESOLUTION No. 97-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES AGREEMENT WITH 16 KANNER, LLC FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF STUART LOCATED AT 2375 S. KANNER HIGHWAY, STUART, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

8.

AWARD BID FOR AQUIFER TEST WELL (RC):

 

RESOLUTION No. 95-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE THE AWARD OF ITB #2019-108, FLORIDAN AQUIFER TEST PRODUCTION WELL FA-1 TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER TOTAL UNIT PRICE OF $1,082,000,00 TO ALL WEBBS ENTERPRISES, INC OF JUPITER, FLORIDA PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

9.

AWARD BID TO PAVE ALLEYWAY (RC):

 

RESOLUTION No. 96-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVES THE AWARD OF ITB #2019-106, FRAZIER ADDITION ALLEYWAY IMPROVEMENTS TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER TOTAL UNIT PRICE OF $387,961.60 TO SUNSHINE LAND DESIGN OF STUART, FLORIDA PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

10.

AMENDING LEASE WITH DUFFIELD MARINE (RC):

 

RESOLUTION No. 98-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE  EXECUTION OF A SECOND AMENDMENT TO THE  LEASE AGREEMENT BETWEEN THE CITY OF STUART AND DUFFIELD MARINE, INC. FOR THAT CERTAIN PROPERTY KNOWN AS THE SHEPARD PARK BUILDING (FORMER CHAMBER OF COMMERCE BUILDING); PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

11.

SRF LOAN ADJUSTMENT (RC):

 

RESOLUTION No. 99-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING AMENDMENT 1 TO THE STATE OF FLORIDA DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT DW430420. PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
12.

THE PELICAN CAFE LEASE, 351 SW FLAGLER AVENUE (RC):

 

RESOLUTION No. 71-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF STUART AND THE PELICAN CAFÉ, LLC FOR THE PROPERTY LOCATED AT 351 SW FLAGLER AVENUE, STUART; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

ORDINANCE FIRST READING
13.

ANNEXATION OF PROPERTY NORTH-WEST KANNER HIGHWAY AND INDIAN STREET (QUASI-JUDICIAL)(RC):

 

ORDINANCE No. 2415-2019; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, ANNEXING A PARCEL OF LAND ON THE NORTHWEST CORNER OF STATE ROAD 76 (AKA KANNER HIGHWAY) AND SW MARTIN HIGHWAY, CONSISTING OF 15.88 ACRES, SAID PARCELS BEING MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING DIRECTIONS TO THE CITY CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

14.

SINGLE-USE PLASTICS AND POLYSTYRENE PRODUCTS (RC):

 

ORDINANCE No. 2413-2019; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, CREATING A NEW ARTICLE IX IN CHAPTER 20  OF THE  CITY CODE ENTITLED “EXPANDED POLYSTYRENE AND PLASTICS REGULATION”; PROVIDING FINDINGS, INTENT AND DEFINITIONS; CREATING DIVISION (A) RELATED TO REGULATIONS FOR THE DISTRIBUTION OF EXPANDED POLYSTYRENE AND SINGLE-USE PLASTICS ON CITY-OWNED PROPERTY AND RIGHTS-OF-WAY; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICT CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

15.

PROHIBITION OF PLASTIC STRAWS WITHIN CITY LIMITS (RC):

 

ORDINANCE No. 2416-2019; AN ORDINANCE OF THE CITY OF STUART, CREATING DIVISION B IN ARTICLE IX, CHAPTER 20 OF THE CITY CODE RELATED TO REGULATIONS FOR THE DISTRIBUTION OF SINGLE-USE PLASTIC STRAWS BY FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICT CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

16.

ZONING TEXT CHANGE TO ESTABLISH REGULATIONS ON FRONT YARD FENCES IN THE R-2 ZONING DISTRICT (RC):

 

ORDINANCE No. 2406-2019; AN ORDINANCE OF THE CITY OF STUART, FLORIDA AMENDING CHAPTER 6, SECTION 6.09.05, "FENCES, WALLS, HEDGES AND ENCLOSURES" OF THE CITY'S LAND DEVELOPMENT CODE; PROVIDING FOR REGULATIONS THAT SHALL LIMIT THE HEIGHT, TYPE AND LOCATION OF FENCES IN THE FRONT YARD OF RESIDENTIAL SINGLE FAMLY/DUPLEX (R-2) DISTRICT PROPERTY; PROVIDING FOR A SEVERABILITY CLAUSE, A CONFLICT CLAUSE AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

ORDINANCE SECOND READING
QUASI-JUDICIAL HEARINGS:   Some of the matters on the Agenda may be "quasi-judicial" in nature. City Commissioners will disclose all ex-parte communications, and may be subject to voir dire by any interested party regarding those communications. All witnesses testifying will be "sworn" prior to their testimony. However, the public is permitted to comment without being sworn. Unsworn testimony will be given appropriate weight and credibility by the City Commission.
DISCUSSION AND DELIBERATION
ADJOURNMENT