A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD June 28, 2021
AT 5:30 PM  Commission Chambers
121 SW FLAGLER AVE.
STUART, FLORIDA 34994

CITY COMMISSION

 

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

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:   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.

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.
ROLL CALL
PLEDGE OF ALLEGIANCE
COMMENTS BY CITY COMMISSIONERS
COMMENTS BY CITY MANAGER
APPROVAL OF AGENDA
COMMENTS FROM THE PUBLIC (3 Minutes Max.)
CONSENT CALENDAR
1.

APPROVAL OF 6/14/2021 CCM MINUTES (RC):

 

2.

KANNER HWY WATERMAIN REPLACEMENT - FDOT AGREEMENT (RC):

 

RESOLUTION No. 61-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) FOR CONSTRUCTION OF THE KANNER HIGHWAY WATERMAIN REPLACEMENT PROJECT; DESIGNATING AUTHORIZED REPRESENTATIVE; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

 

3.

AWARD OF ITB# 2021-112: RIVERWALK HANDRAIL REPLACEMENT PROJECT (RC):

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVES THE AWARD OF ITB #2021-112, RIVERWALK HANDRAIL REPLACEMENT PROJECT TO THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER TO "A GREAT FENCE OF PORT ST. LUCIE, FLORIDA" PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

4.

CHILDREN'S SERVICE COUNCIL OF MARTIN COUNTY GRANT FOR COMMUNITY SERVICES DEPT. AFTER SCHOOL PROGRAM (RC):

 

RESOLUTION No. 63-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA 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.

 

5.

KIWANIS PARK PLAYGROUND EQUIPMENT (RC):

  

RESOLUTION No. 64-2021 / BA No. 08-2021; A  RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING BUDGET AMENDMENT NO. 08 2021 TO ACCEPT, APPROPRIATE AND EXPEND A DONATION FROM KIWANIS CLUB OF STUART IN THE AMOUNT OF $127,000; A DONATION FROM STUART BENEVOLENT FIRE FIGHTERS, INC. IN THE AMOUNT OF $7,500; APPROPRIATING ALL DONATED MONIES, AND $20,314 DONATED FROM THE COMMUNITY SERVICES ADVISORY BOARD (R21-2018) TO ACCOUNT 1220-563 INFRASTRUCTURE; APPROPRIATING $72,293.00 OF RECREATION IMPACT FEES TO ACCOUNT 1220-563 INFRASTRUCTURE TO EXPEND ALL FUNDS FOR PLAYGROUND EQUIPMENT FOR KIWANIS PARK PLAYGROUND EQUIPMENT PHASE 2.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
6.

APPOINT VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES (RC)

 

7.

URGING THE U.S. DEPARTMENT OF INTERIOR TO RESTORE THE 'ENDANGERED' STATUS FOR THE WEST INDIAN MANATEE (RC):

 

RESOLUTION No. 65-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, URGING THE UNITED STATES DEPARTMENT OF THE INTERIOR AND THE FISH AND WILDLIFE SERVICE TO RESTORE THE ‘ENDANGERED’ PROTECTION STATUS OF THE WEST INDIAN MANATEE UNDER THE ENDANGERED SPECIES ACT; FURTHER REQUESTING A RULE REVISION TO THE CRITICAL HABITAT FOR THE FLORIDA MANATEE TO INCLUDE THE SAINT LUCIE RIVER AND ESTUARY; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

ORDINANCE SECOND READING
ORDINANCE FIRST READING
8.

AMENDING QUASI-JUDICIAL PROCEEDINGS (RC):

 

ORDINANCE No. 2467-2021; AN ORDINANCE OF THE CITY OF STUART AMENDING ARTICLE XI; SECTION 11.03.00 - QUASI-JUDICIAL PROCEEDINGS; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICTS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

9.

VARIANCE TO REDUCE THE UPLAND BUFFER DISTANCE TO SIGNIFICANT WETLAND RESOURCES (RC):

 

REQUEST FOR A VARIANCE TO THE CITY'S LAND DEVELOPMENT CODE, SECTION 5.03.02.C.1 AND 4, FOR A REDUCED MINIMUM UPLAND BUFFER DISTANCE FROM OUTSTANDING WETLAND RESOURCES, REDUCED AVERAGE UPLAND BUFFER AND REDUCED CONSTRUCTION SETBACK FROM WETLANDS, FOR LOT 5/6 INDIAN GROVES DRIVE.

 

DISCUSSION AND DELIBERATION
ADJOURNMENT