A G E N D A

REGULAR MEETING OF THE STUART CITY COMMISSION
TO BE HELD April 12, 2021
AT 4:00 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.

THIS MEETING WILL BE AVAILABLE LIVE VIA ZOOM:

Zoom links and ID information can be found at www.cityofstuart.us/meetings

ROLL CALL
PLEDGE OF ALLEGIANCE
1.

ARTS MOMENT - DUETTE BY CHRIS MAZZELLE AND KIM BROWN MOEBUS FROM UPCOMING BARN THEATER PRODUCTION "JOURNEY AROUND THE WORLD OF SONG AND DANCE"

 

PROCLAMATIONS
2.

CRIME VICTIMS' RIGHTS WEEK - APRIL 18-24, 2021

 

3.

WATER CONSERVATION MONTH - APRIL 2021

 

4.

DONATE LIFE MONTH - APRIL 2021

 

5.

SEXUAL ASSAULT AWARENESS MONTH - APRIL 2021

 

PRESENTATIONS
6.

EMPLOYEE SPOTLIGHT - APRIL 2021

 

7.

MID-YEAR BUDGET REVIEW FISCAL YEAR 2021

 

COMMENTS BY CITY COMMISSIONERS
COMMENTS BY CITY MANAGER
APPROVAL OF AGENDA
COMMENTS FROM THE PUBLIC (3 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.
8.

APPROVAL OF 3_13_21 TCRPC WALKING TOUR WORKSHOP AND 3_22_21 CCM MINUTES (RC)

 

9.

APPOINTMENT OF BOARD OF ADJUSTMENT (BOA) BOARD MEMBER. (RC)

 

10.

STUART HOUSING AUTHORITY BOARD OF COMMISSIONERS APPOINTMENT RATIFICATION OF PEARLIE CLARK FOR 4-YEAR TERM FROM 2021 THROUGH 2025. (RC)

 

11.

ADOPT A CDBG PROCUREMENT POLICY (RC):

 

RESOLUTION No. 11-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT PROCUREMENT POLICY; PROVIDING FOR CONFLICTS; SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

12.

ADOPT AFFIRMATIVE ACTION/EEO POLICY (RC):

 

RESOLUTION No. 12-2021; A RESOLUTION OF THE CITY OF STUART CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF SMALL, WOMEN OWNED AND MINORITY BUSINESSES FOR USE IN ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS; ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF MINORITIES BY THE CITY OF STUART; PROVIDING DEFINITIONS; DEFINING AN ACTION PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

13.

ADOPT CDBG ANTI-DISPLACEMENT AND RELOCATION POLICY (RC):

 

RESOLUTION No. 13-2021; A RESOLUTION OF THE CITY OF STUART CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ANTI-DISPLACEMENT POLICY; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

14.

ADOPT CITIZEN PARTICIPATION PLAN AND GRIEVANCE POLICY (RC):

 

RESOLUTION No. 14-2021; A RESOLUTION OF THE CITY OF STUART CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

15.

ADOPT PROHIBITION ON USE OF EXCESSIVE FORCE POLICY (RC):

 

RESOLUTION No. 15-2021; A RESOLUTION OF THE CITY OF STUART, FLORIDA, ADOPTING A POLICY FOR THE PROTECTION OF INDIVIDUALS ENGAGING IN NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

16.

RENEWAL LEASE AGREEMENT FOR 171 SW FLAGLER AVE (CRARY HOUSE) WITH CONGRESSMAN BRIAN MAST (RC):

 

RESOLUTION No. 21-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO AUTHORIZE EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY OF STUART AND CONGRESSMAN BRIAN MAST FOR THE CRARY HOUSE LOCATED AT 171 SW FLAGLER AVENUE, STUART; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

17.

FIRE TRUCK LOAN AGREEMENT (RC):

 

RESOLUTION No. 36-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA SUPPLEMENTING RESOLUTION NO. 22-2014, AS AMENDED, AUTHORIZING THE ISSUANCE OF THE FIRE PROTECTION ASSESSMENT REVENUE NOTE, SERIES 2021 OF THE CITY IN THE PRINCIPAL AMOUNT $622,000 TO FINANCE THE ACQUISITION OF A FIRE TRUCK; MAKING SUCH DETERMINATIONS AS ARE REQUIRED TO AFFORD SUCH SERIES 2021 NOTE "BANK QUALIFIED" STATUS; PROVIDING DETAILS OF THE SERIES 2021 NOTE; PROVIDING FOR APPLICATION OF THE PROCEEDS OF THE SERIES 2021 NOTE; AWARDING THE SALE OF THE SERIES 2021 NOTE TO SEACOAST NATIONAL BANK; APPOINTING A REGISTRAR AND PAYING AGENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; AND PROVIDING AN EFFECTIVE DATE.

 

18.

EXTENSION #12 TO THE DECLARATION OF STATE OF EMERGENCY FOR COVID-19 (RC):

 

RESOLUTION No. 38-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, EXTENDING THE DECLARATION OF A STATE OF LOCAL EMERGENCY PERTAINING TO COVID-19; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

19.

ADOPT FOUR FACTOR ANALYSIS/LANGUAGE ACCESS PLAN (LAP) FOR LIMITED ENGLISH PROFICIENCY (LEP) PERSONS (RC):

 

RESOLUTION No. 40-2021; A RESOLUTION OF THE CITY OF STUART, FLORIDA, TO ADOPT THE FOUR-FACTOR ANALYSIS AND LANGUAGE ACCESS PLAN FOR THE IMPLEMENTATION OF THE CDBG GRANT PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

20.

MULLIGANS LEASE ASSIGNMENT (RC):

 

RESOLUTION No. 43-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE ASSIGNMENT OF THE AMENDED LEASE AGREEMENT PREVIOUSLY ENTERED INTO BETWEEN THE CITY OF STUART AND MULLIGANS STUART ACQUISITION, LLC FOR LEASE OF THE PROPERTY AT 131 SW FLAGLER AVENUE TO S & C RESTAURANT GROUP, LLC FOR THE BALANCE OF THE LEASE TERM WHICH IS SET TO EXPIRE ON APRIL 30, 2038;  PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

21.

LIME SLAKERS REFURBISHMENT PROJECT (RC):

 

RESOLUTION No. 44-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVES THE AWARD OF ITB #2021-105, LIME SLAKERS REFURBISHMENT PROJECT TO THE SECOND LOWEST, RESPONSIVE, AND RESPONSIBLE BIDDER WITH A TOTAL UNIT PRICE OF $212,870.00 TO TLC DIVERSIFIED, INC. OF PALMETTO, FLORIDA PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

END OF CONSENT CALENDAR

COMMISSION ACTION
ORDINANCE SECOND READING
22.

CENTRAL PARKWAY LOFTS - MAJOR AMENDMENT TO RPUD (QUASI-JUDICIAL) (RC):

 

ORDINANCE No. 2461-2021; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING A 6.65 ACRE PROPERTY CONSISTING OF TWO PARCELS OPPOSITE ONE ANOTHER ON S.E. CENTRAL PARKWAY APPROXIMATELY MIDWAY BETWEEN ITS INTERSECTIONS WITH S. KANNER HIGHWAY TO THE WEST AND U.S. HIGHWAY ONE TO THE EAST TO APPROVE A MAJOR AMENDMENT TO THE “CENTRAL PARK LOFTS (NORTH)” AND THE CENTRAL PARK LOFTS (SOUTH) RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) CONSISTING OF ONE HUNDRED SEVENTY TWO (172) MULTI-FAMILY UNITS WITHIN FOUR (4) INDIVIDUAL FOUR-STORY APARTMENT BUILDINGS; WITH SAID LANDS BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; 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.

 

ORDINANCE FIRST READING
23.

VARIANCE TO REDUCE THE UPLAND BUFFER DISTANCE TO SIGNIFICANT WETLAND RESOURCES AND FRONT YARD SETBACK (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, REDUCED CONSTRUCTION SETBACK FROM WETLANDS, AND FROM SECTION 2.04.01, REDUCED FRONT SETBACK FOR A LOT ON INDIAN GROVE IN ORDER TO ACCOMMODATE A DUPLEX.

 

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
24.

HOUSING PIPELINE, DENSITY AND POLICY OBJECTIVES: DISCUSSION WORKSHOP

 

ADJOURNMENT