A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD March 25, 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
PROCLAMATIONS
1.

IN MEMORY OF BETTY C. SMITH

 

2.

POWERTALK21® DAY - APRIL 21, 2019

PRESENTATIONS
3.

MARCH SERVICE AWARDS

 

4.

EMPLOYEE OF THE MONTH, MARCH 2019

 

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 03/11/2019 CCM MINUTES (RC)

 

6.

AUTHORIZATION FOR ILA WITH MARTIN COUNTY FOR USE OF SHIP FUNDS FOR UTILITIES (RC):

 

RESOLUTION No. 27-2019;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY OF STUART TO ENTER INTO AN INTERLOCAL AGREEMENT (ILA) WITH MARTIN COUNTY, FLORIDA TO BE ABLE TO PROVIDE UTILITIES TO STATE HOUSING INITIATIVES PARTNERSHIPS (SHIP) APPLICANTS; AUTHORIZING THE MAYOR TO EXECUTE THE ILA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

7.

AMENDING ICMA-RC CITY MANAGER PLAN (RC):

 

RESOLUTION No. 34-2019;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, OF MARTIN COUNTY, FLORIDA, AMENDING ICMA-RC ACCOUNT 106343, “CITY MANAGER PLAN”; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

8.

ESTABLISH CITY ATTORNEY ICMA-RC PLAN (RC):

 

RESOULUTION No. 35-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE ADOPTION AND EXECUTION OF A 401(a) MONEY PURCHASE PLAN BETWEEN ICMA-RC ACCOUNT NUMBER 100025 AND THE CITY OF STUART; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

9.

AMENDMENT TO APPENDIX A OF THE CITY'S CODE OF ORDINANCES (RC):

 

RESOLUTION No. 37-2019;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING APPENDIX “A” BY AMENDING CHAPTER 10, CHAPTER 32 AND CHAPTER 36 OF THE CITY”S CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE.

 

10.

SUPPORT FOR HOUSE BILL 1369 RELATING TO THE FLORIDA CLIMATE AND RESILIENCY RESEARCH PROGRAM (RC):

 

RESOLUTION No. 38-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, SUPPORTING HOUSE BILL 1369 RELATING TO THE FLORIDA CLIMATE AND RESILIENCY RESEARCH PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. 

 

11.

PLAT OF TOWNHOUSES AT FRAZIER CREEK (RC):

 

RESOLUTION No. 39-2019: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE A PLAT TITLED “TOWNHOUSES AT FRAZIER CREEK, A REPLAT OF LOTS 8, 9, 10, AND 11”, PREPARED BY STEPHEN J. BROWN, INC., A FLORIDA REGISTERED LAND SURVEYOR AND MAPPER NO. 4049, PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. No. R39-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE A PLAT TITLED “CERTUS STU OWNER PLAT", LOTS 1 AND 2”, PREPARED BY RICHARD E. BARNES, A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO. 5173 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

12.

AUTHORIZATION TO APPLY FOR FIND GRANT FOR POLICE BOAT (RC): 

 

RESOULTION No: 40-2019; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY OF STUART POLICE DEPARTMENT TO APPLY FOR AND, IF SUCCESSFUL DESIGNATE THE POLICE CHIEF AS THE AUTHORIZED REPRESENTATIVE TO EXECUTE THE GRANT, AND SUBSEQUENTLY APPROVE THE EXPENDITURE OF THE GRANT FUNDS FROM THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, TO FUND THE STUART POLICE DEPARTMENT MARINE PATROL WATERWAY SAFETY PROJECT; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

13.

CD-HRA LLC. (HARBOR CHASE ALF) UTILITY SERVICE AGREEMENT (RC):

 

RESOLUTION No 41-2019; RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY SERVICE AGREEMENT BETWEEN THE CITY OF STUART AND CD-HRA (STUART) LLC., TO PROVIDE WATER AND SEWER SERVICE TO A 152 BED ASSISTED LIVING FACILITY AT 650 NW FORK ROAD AS MORE FULLY DESCRIBED ON EXHIBIT “A” OF THE UTILITY SERVICE AGREEMENT, PROVIDING FOR EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

14.

MID-YEAR BUDGET ADJUSTMENT FOR FISCAL YEAR 2019 (RC):

 

RESOLUTION No. 42-2019;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING BUDGET AMENDMENT NO. #7, A “MID-YEAR” ADJUSTMENT TO THE OPERATING BUDGET TO REFLECT VARIOUS UNANTICIPATED CHANGES IN REVENUES AND APPROPRIATIONS.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
15.

NORTHPOINT CONTINUATION OF ITEM:

 

STAFF RECOMMENDS THE ITEM BE CONTINUED TO A DATE CERTAIN (EITHER APRIL 8TH OR 22ND) IN ORDER FOR STAFF AND THE APPLICANT TO CONTINUE TO WORK ON THE ISSUES RAISED AT THE FEBRUARY 25TH CITY COMMISSION HEARING. STAFF WILL REQUEST THE SPECIFIC DATE AT THE MARCH 25TH HEARING BASED ON THE PROGRESS MADE WITH THE APPLICANT IN WEEK PRECEDING THE HEARING.

 

NORTHPOINT MAJOR URBAN CONDITIONAL USE - NORTH STUART ACQUISITION AND DEVELOPMENT (RC):

RESOLUTION No. 16-2019;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A CONDITIONAL USE APPROVAL TO NORTH STUART ACQUISITION AND DEVELOPMENT, LLC, OWNER OF PROPERTY LOCATED BETWEEN OLD DIXIE HIGHWAY AND THE FEC RAILROAD, NORTH OF THE ST. LUCIE RIVER, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTION; GRANTING APPROVAL FOR MIXED USE DEVELOPMENT OF A 27,000 SQUARE FOOT OFFICE BUILDING WITH 2,000 SQUARE FEET OF RETAIL SPACE, A 200 SEAT RESTAURANT AND A 27-SPACE PARKING GARAGE ON A 2.73-ACRE SITE; TO ALLOW FOR PARKING WITHIN THE BUILDING ENVELOPE, FOR A CONTINUOUS BUILDING FAÇADE OF MORE THAN 100 FEET IN WIDTH WITHOUT PROVIDING AN ADDITIONAL VISTA, FOR REDUCTION IN LANDSCAPE BUFFERS AND A REDUCTION OF SETBACKS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.

 

ORDINANCE FIRST READING
16.

AMENDMENT TO LAND DEVELOPMENT CODE TO CREATE URBAN PUD AND EAST STUART PUD ZONING DESIGNATIONS (RC):

 

ORDINANCE No. 2401-2019; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING SECTION OF CHAPTER II ENTITLED “ZONING DISTRCTS USES ALLOWED, DENSITY, INTENSITY” AND CREATING ADDITIONAL ZONING DISTRICT DESIGNATIONS OF URBAN PLANNED UNIT DEVELOPMENT AND EAST STUART PLANNED UNIT DEVELOPMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

ORDINANCE SECOND READING
17.

ESTABLISH BICYCLE PARKING AND DESIGN STANDARDS (RC):

 

ORDINANCE No. 2396-2019;  AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING SECTION OF CHAPTER VI ENTITLED “6.01.05 BICYLE AND PEDESTRIAN ACCESS FOR LARGE COMMERCIAL DEVELOPMENTS” AND CREATING A SECTION OF CHAPTER VI ENTITLED “6.01.20.  BICYCLE PARKING” THEREBY ESTABLISHING BICYCLE PARKING AND BICYCLE RACKS DESIGN STANDARDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.  

 

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