A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD May 26, 2020
AT 5:30 PM  Commission Chambers & ZOOM Telecommunications
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

THIS MEETING WILL BE A HYBRID IN PERSON/REMOTE MEETING.

 

In Person: City Hall can accommodate a small number of citizen participants. Overflow citizens will be directed to Flagler Place (201 Flagler Ave., Stuart) where larger rooms can accommodate social distancing. Public comment will be taken live via audio/video conference with commissioners.

 

Teleconference: Citizens can attend from the comfort of their home via telephone, computer, laptop, tablet or smartphone. Click the below link or call the below phone number to attend.

 

The city reserves the right to revoke anyone’s virtual attendance for cause, just as the sergeant at arms would at an in person meeting.

JOIN MEETING:

https://us02web.zoom.us/j/87030485104

 

If you wish to speak during public comment, click participants then click raise hand at bottom of window. Your microphone will be unmuted when you are called to speak and you will be invited to activate your camera if you wish. Both will be deactivated once you have completed your comment.

 

Meeting ID: 870 3048 5104
Dial In numbers:
        +1 312 626 6799 US 
        +1 646 558 8656 US 
        +1 253 215 8782 US
        +1 301 715 8592 US

If you wish to speak during public comment press *9 to raise your hand. You will be called by your partially displayed phone number so please listen for that number. The host will lower your hand and mute your line after speaking.    

 

PLEDGE OF ALLEGIANCE
PROCLAMATIONS
PRESENTATIONS
1.

SERVICE AWARDS - MAY 2020 

 

2.

EMPLOYEE OF THE MONTH - MAY 2020

 

3.

LOSOM UPDATE BY BEN HOGARTH

 

COMMENTS BY CITY COMMISSIONERS
COMMENTS BY CITY MANAGER
APPROVAL OF AGENDA
COMMENTS FROM THE PUBLIC (5 Minutes 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.
4.

APPROVAL OF 4/27/2020 CCM, 5/4/2020 SCM, AND 5/11/2020 CCM MINUTES (RC)

 

5.

EVOQUA WATER TECHNOLOGIES (RC):

 

RESOLUTION No. 56-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING A SINGLE SOURCE PROCUREMENT FOR THE REMOVAL OF RESIN AND GRANULAR ACTIVATED CARBON FROM THE WATER TREATMENT FACILITY EXCHANGE PRE-TREATMENT SYSTEM, DISPOSAL VIA INCINERATION, AND  THE INSTALLATION OF A HYBRID DOWEX PSR2 PLUS CI ION-EXCHANGE RESIN AND A COAL BASED ULTRACARB 1240LCD FROM EVOQUA WATER TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $265,961.00. PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

6.

AUTHORIZATION TO APPLY FOR A COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT (RC):

 

RESOLUTION No. 62-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY FOR COMMUNITY PLANNING TECHNICAL GRANTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
7.

SHOPPES ON COLORADO ANNEX MUCCU (RC):

 

RESOLUTION No. 55-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, CONSIDERING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO ALLOW THE DEVIATION OF REQUIREMENTS REGARDING THE PRINCIPAL BUILDING PLACEMENT, FRONT STREET FAÇADE WIDTH, PARKING LOCATION, AND CERTAIN ARCHITECTURAL REQUIREMENTS WITHIN THE URBAN CENTER ZONING DISTRICT; APPROVING PLANS FOR DEVELOPMENT TO ALLOW THE CONSTRUCTION OF 11,929 SQUARE FEET OF COMMERCIAL OFFICE, RETAIL, AND RESTAURANT WITHIN TWO BUILDINGS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; AND FOR OTHER PURPOSES.

 

8.

AUTHORIZATION TO HIRE EISENSTEIN MALANCHUK LLP (RC):

 

RESOLUTION No. 63-2020;  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE EXECUTION OF A LEGAL SERVICES AGREEMENT WITH EISENSTEIN MALANCHUK LLP, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

ORDINANCE FIRST READING
9.

TECO GAS FRANCHISE AGREMENT (RC):

 

ORDINANCE No. 2441-2020;  AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF STUART, MARTIN COUNTY, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

10.

MINOR AMENDMENT TO AVONLEA PUD (QUASI-JUDICIAL)(RC):

 

ORDINANCE No. 2438-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVING A MINOR AMENDMENT TO “THE NEW AVONLEA” PLANNED UNIT DEVELOPMENT (PUD); THEREBY AMENDING EXHIBIT NUMBER 11 OF THE NEW AVONLEA PUD, ENTITLED THE OFF-SITE INFRASTRUCTURE PLAN BY HJA DESIGN STUDIO; AMENDING THE CONDITION NUMBER 25 ACCORDINGLY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

11.

STUART OCEAN RPUD - FIRST READING (QUASI-JUDICIAL)(RC):

 

ORDINANCE No. 2435-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, TO APPPROVE A REZONING FROM R-3 MULTIFAMILY/OFFICE TO RESIDENTIAL PLANNED UNIT DEVELOPMENT “RPUD” ON THE CITY’S OFFICIAL ZONING MAP; FOR AN 11.04 ACRES PARCEL, OWNED BY SERRAGUI GROUP INVESTMENTS LLC, LOCATED ON THE SOUTH SIDE OF SE OCEAN BLVD BETWEEN THE POINTE ASSISTED LIVING FACILTY AND KINGSWOOD CONDO ASSOCIATION, SAID LAND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; ESTABLISHING STUART OCEAN TOWNHOMES RPUD CONSISTING OF EIGHTY (80) ATTACHED HOMES; APPROVING A MASTER SITE PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS AND A TIMETABLE FOR DEVELOPMENT, DECLARING THE PLAN TO BE CONSISTENT WITH THE CITY’S COMPREHENSIVE PLAN; PROVIDING DIRECTIONS TO THE CITY CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

ORDINANCE SECOND READING
12.

AMENDMENT TO CITY CODE OF ORDINANCES RELATING TO BUILDING REGULATIONS (RC):

 

ORDINANCE No. 2440-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, AMENDING THE EXISTING CHAPTER 10 OF THE CITY OF STUART CODE OF ORDINANCES ENTITLED “BUILDINGS AND BUILDING REGULATIONS” TO ALIGN WITH STATE CODE; TO ENABLE ENFORCEMENT OF CONTRACTOR LICENSING AND TO ESTABLISH SAFETY PROVISIONS FOR STORM SHUTTERS; 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