A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD January 13, 2020
AT 5:30 PM  Commission Chambers
121 SW FLAGLER AVE.
STUART, FLORIDA 34994

CITY COMMISSION

 

Mayor Michael J. Meier
Vice Mayor Eula R. Clarke
Commissioner Becky Bruner
Commissioner Kelli Glass Leighton
Commissioner Merritt Matheson

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 PERFORMANCE BY SHAVON DELEON

 

PROCLAMATIONS
2.

ST. LUCIE RIVER POWER SQUADRON 50 YEARS OF SERVICE TO STUART'S BOATING COMMUNITY

 

3.

HUMAN TRAFFICKING AWARENESS DAY - JANUARY 11, 2020

 

4.

ARBOR DAY - JANUARY 18, 2020

 

5.

REVEREND MARTIN LUTHER KING, JR. CELEBRATION - JANUARY 20, 2020

 

6.

CLIMATE ACTION IN THE CITY OF STUART

 

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.
7.

APPROVAL OF 12/09/2019 CCM MINUTES (RC)

 

8.

AUTHORIZATION TO APPLY FOR A FDOT TRANSPORTATION ALTERNATIVE PROGRAM (TAP) APPLICATION. (RC):

 

RESOLUTION No. 02-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TRANSPORTATION ALTERNATIVES PROGRAM (TAP) APPLICATION FOR RIVERSIDE PARK NEIGHBORHOOD IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

9.

INTENTION TO ABANDON A PORTION OF COCONUT AVENUE RIGHT-OF-WAY (RC):

 

RESOLUTION  No. 04-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA DECLARING PURSUANT TO CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF STUART, FLORIDA THE INTENTION OF THE CITY COMMISSION TO ABANDON AND TO SET PUBLIC HEARINGS ON JANUARY 27, 2020, AND FEBRUARY 10, 2020, AT 5:30 P.M. IN THE CITY COMMISSION CHAMBERS TO CONSIDER THE ABANDONMENT OF CERTAIN PUBLIC RIGHT-OF-WAY WITHIN THE CITY, BEING THT PORTION OF S.E. COCONUT AVENUE, MORE CLEARLY DESCRIBED IN EXHIBIT “A” ATTACHED; AND FOR OTHER PURPOSES.

 

10.

FACSIMILE SIGNATURE BANK (RC):

 

RESOLUTION No. 05-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE USE OF FACSIMILE SIGNATURES ON CHECKS ISSUED BY THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

11.

ASSIGNMENT OF PELICAN CAFE LEASE (RC):

 

RESOLUTION No. 06-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE ASSIGNMENT OF THE PELICAN LEASE AGREEMENT LOCATED AT 351 SW FLAGLER AVENUE TO HUDSON'S PLACE LLC, WHICH IS THE  ENTITY PLANNING TO OPERATE THE RESTAURANT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

12.

REVISED WATER FACILITIES PLAN (RC):

 

RESOLUTION No. 07-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE CITY’S PUBLIC WORKS DIRECTOR TO INCORPORATE THE MONTEREY ROAD SUBDIVISION WATERMAIN IMPROVEMENTS PROJECT INTO THE CITY OF STUART’S WATER FACILITIES PLAN AND TO SUBMIT THE REVISED WATER FACILITIES PLAN TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES.

 

13.

PUBLIC TRANSIT SERVICE DEVELOPMENT GRANT AGREEMENT (RC):

 

RESOLUTION No. 08-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A THREE (3) YEAR 50% MATCHING PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ACTIVE TRAM MARKETING; PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
14.

CHARTER ADVISORY BOARD APPOINTMENTS (RC)

 

15.

CONDITIONAL USE APPROVAL FOR COFFEE ROASTING, RETAIL AND COFFEE BAR (RC):

 

RESOLUTION No. 01-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, CONSIDERING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO ROBERT LEVY (CONTRACT PURCHASER) FOR THE PROPERTY LOCATED AT 600 S COLORADO AVE, TO ALLOW REDUCTION OF REQUIRED PARKING TO 5 STALLS AT 600 S COLORADO AVE, TO ALLOW A USE OF COFFEE RETAIL SALES, ROASTING OF COFFEE AND COFFEE BAR; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.

 

16.

CHANGE OF USE TO ALLOW THE CONVERSION TO RESIDENTIAL APARTMENTS AT SOUTHWIND MOTEL, 603 SW FEDERAL HIGHWAY. (QUASI-JUDICIAL)(RC):

 

RESOLUTION No. 03-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, CONSIDERING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO IOANNA LAS LLC, (CONTRACT PURCHASER) FOR THE PROPERTY LOCATED AT 603 SW FEDERAL HWY, TO ALLOW A DENSITY OF 24 UNITS PER ACRE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.

 

ORDINANCE FIRST READING
17.

(TO BE CONTINUED TO DATE CERTAIN OF JANUARY 27, 2020) AMENDMENT TO EXISTING PUD TO URBAN DESIGNATION AND TO RE-ESTABLISH DEVELOPMENT TIMELINES (RC):

 

ORDINANCE No. 2421-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, REFRESHING THE NOW DEFUNCT ORDINANCE 2275-2014, AMENDEDING ORDINANCE NUMBER 2095-07, FORMERLY THE “HARBOUR WALK PRESERVE COMMERCIAL PLANNED UNIT DEVELOPMENT” (CPUD) PROJECT; PROVIDING FOR DEVELOPMENT APPROVAL ON A 1.97 ACRE COMMERCIAL PORTION OF THE SITE, TO BE KNOWN AS THE “HANEY CREEK TRUST COMMERCIAL PROPERTY” URBAN PLANNED UNIT DEVELOPMENT (UPUD); PROVIDING FOR CERTAIN DESIGN CONDITIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.


18.

AMENDMENT TO THE LAND DEVELOPMENT CODE UPUD DENSITY AND PARKING (RC):

 

ORDINANCE No. 2423-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING SECTION 2.07.00.I OF CHAPTER II ENTITLED “URBAN PLANNED UNIT DEVELOPMENT (UPUD) DISTRICTS” TO ADD A METHODOLOGY FOR RESIDENTIAL DENSITY CALCULATION AND ADD MINIMUM RESIDENTIAL CAR PARKING REQUIREMENTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

19.

AMENDMENT TO THE LAND DEVELOPMENT CODE REVIEW PROCEDURES FOR PUD APPLICATIONS (RC):

ORDINANCE No. 2424-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING SECTION 11.01.00 OF CHAPTER XI ENTITLED “PROCESSING OF PLAN APPLICATIONS” TO AMEND THE REVIEW BOARD PROCEDURES FOR PROPOSALS THAT INVOLVE URBAN PLANNED UNIT DEVELOPMENT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

20.

TRANSFER OF IMPACT FEE CREDITS (RC):

 

ORDINANCE No. 2426-2020; AN ORDINANCE OF THE CITY OF STUART, AMENDING ARTICLE III, SECTION 32-68 ALLOWING FOR THE TRANSFER OF IMPACT FEE CREDITS; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICT CLAUSE; 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
21.

DISCUSSION AND DELIBERATION ON RESPONSIVE ACTION TO THE U.S. ARMY CORPS OF ENGINEERS' PROPOSED 2020 LAKE OKEECHOBEE DRY SEASON MANAGEMENT PLAN.

 

ADJOURNMENT