A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD September 14, 2020
AT 5:30 PM  Commission Chambers & ZOOM
121 SW FLAGLER AVE.
STUART, FLORIDA 34994

CITY COMMISSION

 

Mayor Michael J. Meier
Vice Mayor Eula R. Clarke
Commissioner Becky Bruner
Commissioner Merritt Matheson
Commissioner Troy McDonald

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.

 

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: By Device - https://us02web.zoom.us/j/86978373725

 

If you wish to speak during public comment, click raise hand at bottom of window. Your microphone will be unmuted when you are called to speak. Your microphone will be deactivated once you have completed your comment.

 

By Telephone - Meeting ID: 869 7837 3725
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
1.

ARTS MOMENT - ACCORDION PLAYER, DALE BOZONE WITH WIFE AND ASSISTANT BETSY BOZONE.

 

PROCLAMATIONS
2.

HUNGER ACTION MONTH - SEPTEMBER 2020

 

3.

SUICIDE AWARENESS MONTH - SEPTEMBER 2020

 

4.

GRANDPARENTS DAY - SEPTEMBER 13, 2020

 

PRESENTATIONS
5.

IN HONOR OF CONSTITUTION DAY, THE EAST STUART YOUTH INITIATIVE AFTER SCHOOL PROGRAM WILL PRESENT TO THE CITY COMMISSION AN ARTISTIC RENDERING OF THE U.S. CONSITITUTION THEY CREATED AS A PART OF THEIR CURRICULUM.

 

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.
6.

APPROVAL OF 08/24/2020 CCM MINUTES (RC)

 

7.

APPENDIX A FEES, RATES, AND CHARGES (RC):

 

RESOLUTION No. 92-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING APPENDIX “A” BY ADOPTING NEW FEES FOR MOORE’S CEMETERY, AMENDING CHAPTER 2, CHAPTER 20, CHAPTER 22, CHAPTER, 34, CHAPTER 36, AND CHAPTER 42 OF THE CITY’S CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE.

 

8.

AWARD OF WORK ORDER# 5 FOR STYPMANN BLVD AND GUY DAVIS FORCE MAIN REPAIRS (RC):

 

RESOLUTION No. 108-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE THE AWARD OF WORK ORDER NO. 2019-300-W05, STYPMANN BOULEVARD FORCE MAIN IN-SITU REPLACEMENT/GUY DAVIS FORCE MAIN REPAIRS TO THE LOWEST, MOST RESPONSIVE RESPONSIBLE BIDDER, JOHNSON-DAVIS, IN THE AMOUNT OF $404,800.00 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

9.

AMENDMENT OF RESOLUTION No. 34-2020 CHILDREN'S SERVICES COUNCIL GRANT (RC):

 

RESOLUTION No. 109-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AMENDING RESOLUTION NUMBER 34-2020 AUTHORIZING THE COMMUNITY SERVICES DEPARTMENT TO APPLY AS THE LEAD AGENCY WITH THE CHILDREN’S SERVICES COUNCIL OF MARTIN COUNTY FOR THE EAST STUART YOUTH INITIATIVE GRANT; IF APPROVED, AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE CHILDREN SERVICES COUNCIL GRANT, AND EMERGENCY FUNDING; AUTHORIZING THE EXECUTION OF CONTRACTS BETWEEN THE CITY OF STUART AND CHILDREN SERVICES COUNCIL OF MARTIN COUNTY FOR GRANT ADMINISTRATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

10.

AWARD OF RFP# 2020-105: PER-ENGINEERED DESIGN AND INSTALATION OF 10TH STREET BASKETBALL SHADE STRUCTURE (RC): 

 

RESOLUTION No. 110-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE THE AWARD OF RFP #2020-105, PRE-ENGINEERED DESIGN AND INSTALLATION OF 10TH STREET REC CENTER BASKETBALL SHADE STRUCTURE TO THE TOP RANKED FIRM, MJD CONSTRUCTION, INC., PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
11.

ROAD CLOSURE FOR STUART BOAT SHOW:

 

RESOLUTION No. 68-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING A ROAD CLOSURE FOR THE 47TH ANNUAL STUART BOAT SHOW FROM TUESDAY, JANUARY 12TH THOUGH MONDAY, JANUARY 18TH 2021, ALONG NW DIXIE HIGHWAY (FORMERLY SR 707) FROM ALBANY AVENUE SOUTH OF THE OLD ROOSEVELT BRIDGE TO FERN STREET AT THE FEC RR CROSSING, NORTH OF THE ST. LUCIE RIVER DRAW BRIDGE, SUBJECT TO FLORIDA DEPARTMENT OF TRANSPORTATION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

12.

313-315 OSCEOLA STREET - WATERVIEW CONDOMINIUMS - MAJOR URBAN CODE CONDITIONAL USE (QUASI-JUDICIAL) (RC):

 

RESOLUTION No. 96-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO THE PROPERTIES LOCATED AT 313-315 S.W. OSCEOLA STREET, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTIONS; GRANTING APPROVAL FOR A MULTI-FAMILY DEVELOPMENT CONSISTING OF FOURTEEN (14) RESIDENTIAL UNITS ON A 0.58 ACRE SITE; TO ALLOW A DENSITY OF TWENTY-FOUR (24) UNITS PER ACRE; FOR PARKING WITHIN THE BUILDING ENVELOPE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.

 

13.

MAJOR URBAN CODE CONDITIONAL USE APPROVAL  - WALTON BUILDING RELOCATION (RC):

 

RESOLUTION No. 97-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO 111 REAL ESTATE HOLDINGS, LLC OWNER OF THE PROPERTY LOCATED IN THE CITY OF STUART, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTION; GRANTING APPROVAL FOR THE RELOCATION OF THE HISTORIC WALTON BUILDING (33 DEGREES) FROM CITY RIGHT-OF-WAY AT DECKER AVENUE TO THE NORTH SIDE OF PARKING LOT LOCATED AT 209 S ALBANY AVENUE; ALLOWING THE FRONT BUILDING FAÇADE TO BE SETBACK FROM THE FRONT PROPERTY LINE, FOR THE FAÇADE WIDTH OF THE RELOCATED BUILDING TO BE LESS THAN 80% OF THE LOT WIDTH AND FOREGO THE REQUIREMENT FOR THE MINIMUM BUILDING HEIGHT OF TWO STORIES, FOR ARCADES OR GLAZED OPENINGS AND BALCONIES ALONG THE STREET FACADE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF RELOCATION; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.

 

ORDINANCE FIRST READING
14.

CHARTER AMENDMENTS (RC):

 

ORDINANCE No. 2451-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA AMENDING THE STUART CITY CHARTER, PART 1, ARTICLE VII, TO AMEND SECTION 7.03, QUALIFICATION FOR OFFICE; SECTION 7.05, SCHEDULE; AND CHAPTER 14, ELECTIONS, ARTICLE II, CANDIDATES, AMENDING SECTION 14-25, COMMENCEMENT OF TERMS OF OFFICE OF ELECTED CANDIDATES  OF THE CODE OF ORDINANCES;  PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

15.

AMENDMENTS TO CITY CODE CHAPTER 2, ADMINISTRATION (RC): 

 

ORDINANCE No. 2450-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA AMENDING THE STUART CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE I, IN GENERAL, TO CREATE SECTION 2-2, ADMINISTRATIVE LIEN SEARCH AND REPORT FEE, AMENDING ARTICLE II THROUGH ARTICLE IV; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE SECOND READING
16.

BRIDGEVIEW RESIDENTIAL PLANNED UNIT DEVELOPMENT (QUASI-JUDICIAL) (RC):

 

ORDINANCE No. 2437-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY’S COMPREHENSIVE PLAN THEREBY CHANGING THE FUTURE LAND USE DESIGNATION FROM “COMMERCIAL OFFICE RESIDENTIAL” TO “MULTI-FAMILY DENSITY RESIDENTIAL” FOR A 15.88 ACRE PARCEL ANNEXED BY ORDINANCE NO. 2415-2019, OWNED BY ATLANTIC REALTY PARTNERS, INC., AND LOCATED ON THE NORTHWEST CORNER OF STATE ROAD 76 (SW KANNER HIGHWAY) AND SW MARTIN HIGHWAY, SAID LAND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; AND FURTHER PROVIDING THAT SAID LANDS SHALL CONCURRENTLY ESTABLISH THE BRIDGEVIEW RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) CONSISTING OF TWO HUNDRED TWELVE (212) MULTI-FAMILY UNITS WITHIN TWO FOUR-STORY APARTMENT BUILDINGS; APPROVING A DEVELOPMENT 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. 

 

17.

LONE PALM RESIDENTIAL - INFILL HOUSING (QUASI JUDICIAL) (RC):

 

ORDINANCE No. 2439-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING THE CITY OF STUART’S COMPREHENSIVE PLAN VIA A SMALL-SCALE COMPREHENSIVE MAP AMENDMENT FROM RESIDENTIAL LOW TO EAST STUART; REZONING FROM RESIDENTIAL, SINGLE-FAMILY (R-1) TO SINGLE-FAMILY AND DUPLEX SUBDISTRICT (SFD) ON THE CITY’S OFFICIAL ZONING MAP; AND APPROVING A MAJOR URBAN CODE CONDITIONAL USE FOR PROPERTY TOTALING 0.72 ACRES, OWNED BY LONE PALM PROPERTY INVESTMENTS, LLC, LOCATED BETWEEN MARTIN LUTHER KING JR. BOULEVARD AND SE 6th STREET, WEST OF PALM BEACH ROAD; BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED TO ALLOW THE DEVELOPMENT OF TWO DUPLEX LOTS AND THREE SINGLE FAMILY LOTS; DECLARING THE PROJECT 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, PROVIDING FOR ACCEPTANCE BY THE APPLICANT AND FOR OTHER PURPOSES. 

 

18.

SAILFISH COVE UPUD (QUASI-JUDICIAL) (RC):

 

ORDINANCE No. 2449-2020; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING A REZONING FROM URBAN WATERFRONT TO URBAN PLANNED UNIT DEVELOPMENT FOR A 0.925 ACRE PROPERTY LOCATED AT 37 & 41 S.W. SEMINOLE STREET, SAID LAND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; ESTABLISHING THE SAILFISH COVE UPUD CONSISTING OF THIRTY (30) MULTI-FAMILY RESIDENTIAL UNITS AND 5,768 SQUARE FEET OF OFFICE/COMMERCIAL USE IN ACCORDANCE WITH THE SECTION 2.07.00 STUART LAND DEVELOPMENT CODE; ALLOWING A DENSITY OF 26.75 DWELLING UNITS PER ACRE ON A .925 ACRE SITE; APPROVING A FINAL SITE PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS INCLUDING A TIMETABLE FOR DEVELOPMENT, DECLARING THE PLAN TO BE CONSISTANT 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.

 

19.

REQUEST TO CONTINUE TO DATE CERTAIN OF 09/28/2020:  AMENDMENT TO THE LAND DEVELOPMENT CODE - PUD AMENITY CRITERIA (RC):

 

ORDINANCE No. 2446-2020; AN ORDINANCE OF THE CITY OF STUART, FLORIDA, ADDING A NEW SECTION 2.07.00.J. ENTITLED "PLANNED UNIT DEVELOPMENT (PUD) AMENITY CRITERIA" TO CHAPTER II ENTITLED “ZONING DISTRICTS USES ALLOWED, DENSITY, INTENSITY” TO ADD A METHODOLOGY FOR ATTRIBUTING QUALIFYING AMENITY CRITERIA IN RESPECT OF CONSIDERATION OF APPLICATIONS FOR 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.

 

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