MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 6:00 P.M. ON MONDAY, MARCH 1, 2021.
1.
CALL TO ORDER
Mayor Hudson called the meeting to order at 6:00 p.m.
2.
OPENING PRAYER - Rev. John S. Liebler, St. Simon the Cyrenian Episcopal Church
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Mayor Linda Hudson
- Absent:
- Commissioner Rufus Alexander
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to excuse Commissioner Rufus Alexander from the March 1, 2021 Regular Meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
5.
APPROVAL OF MINUTES
a.
Approval of minutes from the February 16, 2021 regular meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve minutes of the February 16, 2021 meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Flood Awareness Week Proclamation
7.
LETTERS TO COMMISSION
a.
Email from Ian Kerner complimenting the following Public Works Department staff for the clean up improvements to Moore's Creek: Ramon Perez, Equipment Operator IV, Bob Hennis, Equipment Operator III, Jeff Pederson Equipment Operator III and Jerome Scott, Equipment Operator III.
b.
Phone call from Gary Clinton expressing his gratitude to Chad Dawson, Code Enforcement Officer, for his professionalism, courtesy and politeness when he responded to a code complaint.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
NONE
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
City Manager Nick Mimms requested that item 11 a be pulled.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve and set the Agenda as amended.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
10.
MISCELLANEOUS REPORTS
NONE
11.
CONSENT AGENDA
a.
*PULLED AT THE REQUEST OF STAFF* Approval of Memorandum of Understanding between the City and the Khalil Mack Foundation for a public private partnership for site improvements at Ilous Ellis Park.
b.
Approval to award Bid No. 2021-012 for Sale of Surplus Property on Cortez Boulevard (2421-500-0060-000-2) to highest ranked responder, Miguel Aguilar.
c.
Approval to award Bid No. 2021-013 for Sale of Surplus Property at 1207 Avenue L to highest ranked respondent, Team Facey Real Estate, LLC.
d.
Approval to award Bid No. 2021-014 for Sale of Surplus Property on South 11th Street (2409-826-0005-000-2) to highest ranked respondent, KIB Construction Corp.
e.
Approval of the Certification of 2017-2018 SHIP Annual Report.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Consent Agenda items 11 b, c, d and e.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
12.
PUBLIC HEARINGS
Any Public Comment on these Public Hearing items, if not being offered in person, should be submitted by noon on the day of the meeting using the Sworn Public Comment Form which is available on the city's website at: http://www.cityoffortpierce.com/DocumentCenter/View/8741/Sworn-Public-Comment-for-Public-Hearings
Any Public Comment on these Public Hearing items, if not being offered in person, should be submitted by noon on the day of the meeting using the Sworn Public Comment Form which is available on the city's website at: http://www.cityoffortpierce.com/DocumentCenter/View/8741/Sworn-Public-Comment-for-Public-Hearings
a.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction submitted by Property Owner, Mardi Executive Center LLC, and Representative, James Alouidor, to operate a Nursing School (College)at 1905 South 25th Street, #103 in Fort Pierce, FL. The property is zoned Office Commercial (C-1). Parcel ID: 2417-441-0001-000-8
City Clerk Linda Cox introduced a request for review and approval of an application for Conditional Use with No New Construction submitted by Property Owner, Mardi Executive Center LLC, and Representative, James Alouidor, to operate a Nursing School (College)at 1905 South 25 Street, #103 in Fort Pierce, FL.
Mayor Linda Hudson asked all present to listen carefully to what City Attorney Peter Sweeney would read regarding Quasi-Judicial Hearings as they apply to all subsequent Quasi-Judicial Hearings tonight.
Before commencing this Quasi-Judicial Hearing, Peter Sweeney, City Attorney, reminded the City Commission that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the commission engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the commission applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal commission meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and decisions must be made based on competent substantial evidence. Therefore, Commissioners have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the commission has established the uniform procedures for quasi-judicial hearings that will be followed this evening.
Mayor Linda Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked the City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview and the site plan of the property located at the southwest corner of S. 25th Street and Rhode Island Avenue. Staff recommends approval.
Commission questions for Staff: none
Applicant questions for Staff : Applicant was not present
Public comment: None
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Mayor Linda Hudson asked all present to listen carefully to what City Attorney Peter Sweeney would read regarding Quasi-Judicial Hearings as they apply to all subsequent Quasi-Judicial Hearings tonight.
Before commencing this Quasi-Judicial Hearing, Peter Sweeney, City Attorney, reminded the City Commission that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the commission engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the commission applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal commission meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and decisions must be made based on competent substantial evidence. Therefore, Commissioners have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the commission has established the uniform procedures for quasi-judicial hearings that will be followed this evening.
Mayor Linda Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked the City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview and the site plan of the property located at the southwest corner of S. 25th Street and Rhode Island Avenue. Staff recommends approval.
Commission questions for Staff: none
Applicant questions for Staff : Applicant was not present
Public comment: None
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve item 12 a.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Quasi-Judicial Hearing - Application for Conditional Use with No Construction submitted by Property Owner, Morris/Satnick FP Assoc LLC, and Representative Tod Mowery, to operate a 31 machine arcade amusement center at 2051 South US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial (C-3). Parcel ID: 2415-313-0005-010-9.
City Clerk Linda Cox introduced the application for Conditional Use with No Construction submitted by Property Owner, Morris/Satnick FP Assoc LLC, and Representative Tod Mowery, to operate a 31 machine arcade amusement center at 2051 South US Highway 1 in Fort Pierce, FL.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr.–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the
truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such a time as they were asked to come forward to testify.
Staff presentation: Planner Brandon Creagan, sworn, provided an overview of the Conditional Use with No New Construction at 2051 South US Highway 1 to operate an amusement arcade. Mr. Creagan indicated the correct number of machines is 33 and not 31. Staff recommends approval subject to the following two (2) conditions:
1. Submit a Lighting Plan or Photometric Survey to the Building Department in accordance with City Code 125-325 (2)(h) that demonstrates compliance with the City’s Lighting Code 125-315(j). This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(h).
2. Submit a Landscape Plan in accordance with City Code 125-325 (2)(i) that demonstrates compliance with the City’s Landscape Code 123-37. This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(i).
Commission questions for Staff: Commissioner Thomas Perona inquired if the applicant was responsible for the entire lot. Commissioner Curtis Johnson Jr. inquired about the tenants in units six and eight of the plaza.
Planner Brandon Creagan explained updated lighting and landscaping as well as unit six in the plaza is a mens rag store and unit eight is vacant.
Applicant questions for Staff : None
Applicant presentation: Todd Mowery of Red Tail, provided an overview of the updates to the entire property including traffic light update, landscaping, roof lighting and facade refresh.
Commission questions for Applicant: Commissioner Jeremiah Johnson inquired if parking remains the same or change to 90 degrees as seen
in the rendering. Secondly, how will delivery vehicles move safely across US 1.
Public comment:
Roslyn Bradshaw representing Key Colony is opposed to an arcade because of concerns about theft and signage.
Peter Feldman, owner of the plaza, informed the Commission of the survey completed on the fencing behind the plaza that was referenced, which concluded that the fencing is not part of the plaza property. He also reaffirmed there will be no excessive signage. The owner is cooperating with the City to address landscaping and code enforcement issues that are identified.
Kelly Wise - Addressed security concerns. Options being discussed are hired security and/or police patrol.
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr.–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the
truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such a time as they were asked to come forward to testify.
Staff presentation: Planner Brandon Creagan, sworn, provided an overview of the Conditional Use with No New Construction at 2051 South US Highway 1 to operate an amusement arcade. Mr. Creagan indicated the correct number of machines is 33 and not 31. Staff recommends approval subject to the following two (2) conditions:
1. Submit a Lighting Plan or Photometric Survey to the Building Department in accordance with City Code 125-325 (2)(h) that demonstrates compliance with the City’s Lighting Code 125-315(j). This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(h).
2. Submit a Landscape Plan in accordance with City Code 125-325 (2)(i) that demonstrates compliance with the City’s Landscape Code 123-37. This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(i).
Commission questions for Staff: Commissioner Thomas Perona inquired if the applicant was responsible for the entire lot. Commissioner Curtis Johnson Jr. inquired about the tenants in units six and eight of the plaza.
Planner Brandon Creagan explained updated lighting and landscaping as well as unit six in the plaza is a mens rag store and unit eight is vacant.
Applicant questions for Staff : None
Applicant presentation: Todd Mowery of Red Tail, provided an overview of the updates to the entire property including traffic light update, landscaping, roof lighting and facade refresh.
Commission questions for Applicant: Commissioner Jeremiah Johnson inquired if parking remains the same or change to 90 degrees as seen
in the rendering. Secondly, how will delivery vehicles move safely across US 1.
Public comment:
Roslyn Bradshaw representing Key Colony is opposed to an arcade because of concerns about theft and signage.
Peter Feldman, owner of the plaza, informed the Commission of the survey completed on the fencing behind the plaza that was referenced, which concluded that the fencing is not part of the plaza property. He also reaffirmed there will be no excessive signage. The owner is cooperating with the City to address landscaping and code enforcement issues that are identified.
Kelly Wise - Addressed security concerns. Options being discussed are hired security and/or police patrol.
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 b with the two (2) staff conditions and 33 machines.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Quasi-Judicial Hearing - Review and approval of an application for Waiver of Distance submitted by Property Owner, Levyco LLC, and Representative Mohammad Sohid, to operate a 30-machine arcade amusement center at 2061 South US Highway 1 within 1,250 feet of an arcade located at 2051 South US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial (C-3). Parcel ID: 2415-341-0020-000-4.
City Clerk Linda Cox introduced the application for a Waiver of Distance submitted by Property Owner, Levyco LLC, and Representative Mohammad Sohid, to operate a 30-machine arcade amusement center at 2061 South US Highway 1 within 1,250 feet of an arcade located at 2051 South US Highway 1 in Fort Pierce, FL.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the Waiver of Distance application for 2061 South US Highway 1. The approximately 0.7 acres property is located just north of Virginia Avenue and west of S. US Highway 1. The subject site is surrounded by commercial uses to the north, south, east, and west. The subject site is considered an outparcel of the Gateway Retail Shopping Plaza. The building where the proposed use will be located was formerly a Payless Shoe Store. If the waiver of distance is approved, staff will proceed with the Conditional Use application which is next on the agenda. Staff recommends approval.
Commission questions for Staff: None
Applicant presentation: Attorney Reginald Sessions and Project Manager Zyad Qasem Applicant, sworn, for Triple Royal Inc. were available to answer any questions.
Commission questions for Applicant: None
Public comment: None
Mayor Hudson closed the public hearing.
Comments by the City Commission : None
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the Waiver of Distance application for 2061 South US Highway 1. The approximately 0.7 acres property is located just north of Virginia Avenue and west of S. US Highway 1. The subject site is surrounded by commercial uses to the north, south, east, and west. The subject site is considered an outparcel of the Gateway Retail Shopping Plaza. The building where the proposed use will be located was formerly a Payless Shoe Store. If the waiver of distance is approved, staff will proceed with the Conditional Use application which is next on the agenda. Staff recommends approval.
Commission questions for Staff: None
Applicant presentation: Attorney Reginald Sessions and Project Manager Zyad Qasem Applicant, sworn, for Triple Royal Inc. were available to answer any questions.
Commission questions for Applicant: None
Public comment: None
Mayor Hudson closed the public hearing.
Comments by the City Commission : None
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona To approve item 12 c.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction submitted by Property Owner, Levyco LLC, and Representative Mohammad Sohid, to operate a 30-machine arcade amusement center at 2061 South US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial (C-3). Parcel ID: 2415-341-0020-000-4.
Linda Cox, City Clerk, introduced the application for Conditional Use with No New Construction submitted by Property Owner, Levyco LLC, and Representative Mohammad Sohid, to operate a 30-machine arcade amusement center at 2061 South US Highway 1 in Fort Pierce, FL.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the application for Conditional Use with No New Construction at 2061 South US Highway 1. Staff recommends approval with (7) conditions:
1. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(f): Amusement arcades or arcade amusement centers shall provide bicycle racks within enough stalls to accommodate one bicycle for each five game machines located within the premises. Bicycle racks shall be located as close as practical to the entrance of the facility and shall not be located in a manner that obstructs any entrances, exits, sidewalks, driveways, or parking areas. Install a bicycle rack with a minimum of 6 bicycle stalls.
2. Per City Code Section 125 . 325. – Amusement Arcades and Arcade Amusement (1)(f): Alcohol sales or consumption shall be prohibited in amusement arcades and arcade amusement centers.
3. Please adhere to City Code Section 125 – 325. – Amusement Arcades and Arcade Amusement.
4 . Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
5. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(i): Landscaping must comply with requirements of the city's landscaping ordinance prior to the issuance of a business tax receipt.
6. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(h): Lighting for parking lots must satisfy lighting requirements of section 125-315(g)(1) prior to the issuance of a business tax receipt. Commercial uses require a minimum average of two footcandles for parking areas.
7. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(1)(c): No arcade amusement center shall be located within 1,250 feet of another arcade amusement center. Such distance shall be measured from closest property line to closest property line. Approval of a
Waiver of Distance Application from the Gateway Plaza Arcade, which is located at 2051 S. US Highway 1, must be approved prior to Conditional Use Approval.
Mr. Gilmore indicated that the condition 7 has now been met based upon the Commission's approval of the waiver of distance.
Commission questions for Staff:
Commissioner Jeremiah Johnson inquired if there are active easements on the site, and if the signage is to scale based on the rendering and also inquired about turning and possible driveway concerns which may affect traffic flow. Commissioner Curtis Johnson inquired about safety concerns.
Applicant questions for Staff : None
Applicant Presentation : Attorney Reginald Sessions and Project Manager Zyad Qasem Applicant Representative, sworn, for Triple Royal Inc. agrees with conditions of approval. They also addressed any security concerns voiced by the Commission.
Public comment: Tod Mowery clarified the traffic flow concerns.
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Perona - No
Mayor Hudson – No.
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the application for Conditional Use with No New Construction at 2061 South US Highway 1. Staff recommends approval with (7) conditions:
1. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(f): Amusement arcades or arcade amusement centers shall provide bicycle racks within enough stalls to accommodate one bicycle for each five game machines located within the premises. Bicycle racks shall be located as close as practical to the entrance of the facility and shall not be located in a manner that obstructs any entrances, exits, sidewalks, driveways, or parking areas. Install a bicycle rack with a minimum of 6 bicycle stalls.
2. Per City Code Section 125 . 325. – Amusement Arcades and Arcade Amusement (1)(f): Alcohol sales or consumption shall be prohibited in amusement arcades and arcade amusement centers.
3. Please adhere to City Code Section 125 – 325. – Amusement Arcades and Arcade Amusement.
4 . Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
5. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(i): Landscaping must comply with requirements of the city's landscaping ordinance prior to the issuance of a business tax receipt.
6. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(h): Lighting for parking lots must satisfy lighting requirements of section 125-315(g)(1) prior to the issuance of a business tax receipt. Commercial uses require a minimum average of two footcandles for parking areas.
7. Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(1)(c): No arcade amusement center shall be located within 1,250 feet of another arcade amusement center. Such distance shall be measured from closest property line to closest property line. Approval of a
Waiver of Distance Application from the Gateway Plaza Arcade, which is located at 2051 S. US Highway 1, must be approved prior to Conditional Use Approval.
Mr. Gilmore indicated that the condition 7 has now been met based upon the Commission's approval of the waiver of distance.
Commission questions for Staff:
Commissioner Jeremiah Johnson inquired if there are active easements on the site, and if the signage is to scale based on the rendering and also inquired about turning and possible driveway concerns which may affect traffic flow. Commissioner Curtis Johnson inquired about safety concerns.
Applicant questions for Staff : None
Applicant Presentation : Attorney Reginald Sessions and Project Manager Zyad Qasem Applicant Representative, sworn, for Triple Royal Inc. agrees with conditions of approval. They also addressed any security concerns voiced by the Commission.
Public comment: Tod Mowery clarified the traffic flow concerns.
Mayor Hudson closed the public hearing.
Comments by the City Commission: None
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. To approve item 12 d with staff conditions.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction submitted by Property Owner, NAG Properties LLC, and Representative, Fred P. Mussari, to operate a Recycling Facility (Waste-Related Use) at 1121 Digiorgio Road in Fort Pierce, FL. The property is zoned Light Industrial (I-1). Parcel ID: 2428-421-0002-000-7.
Linda Cox, City Clerk introduced the application for Conditional Use with No New Construction submitted by Property Owner, NAG Properties LLC, and Representative, Fred P. Mussari, to operate a Recycling Facility (Waste-Related Use) at 1121 Digiorgio Road in Fort Pierce, FL.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the project. The proposed use offers a type of recycling center (waste related) representing a limited industrial use that is compatible with the surrounding neighborhood and is generally consistent with the City’s Comprehensive Plan and Land Development Code with appropriate restrictions.
Staff recommends approval with (3) conditions:
1. Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
2. All truck traffic must only utilize Digiorgio Road and Oleander Avenue.
3. All storage must be under a covered structure.
Commission questions for Staff:
Commissioner Jeremiah Johnson asked staff to define storage in the presentation. Secondly, is there a planned buffer zone as this property abuts neighborhood.
Applicant questions for Staff : None
Applicant Presentation; Fred Mussari, Applicant, sworn, agrees with conditions of approval. He discussed several points pertaining to the day-to-day operations of the facility and explained the type of waste being recycled.
Commission questions for applicant:
Commissioner Jeremiah Johnson inquired on the noise impact, containment of product, and outside storage. Commissioner Thomas Perona requested more information on how the product is contained. Commissioner Curtis Johnson Jr. asked that the applicant interject on what the livable wage will look like.
Public comment: Krishna Karst, sworn, is opposed as a resident due to possible inadequate notice to new homeowners, noise and containment concerns.
Applicant Fred Mussari clarified his projected hours of operation and reiterated that the waste being recycled is simply expired food and similar type items that cannot be sold and therefore are recycled to provide animal feed or disposed of properly.
Mayor Hudson closed the public hearing.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Staff presentation: Planner Vennis Gilmore, sworn, provided an overview of the project. The proposed use offers a type of recycling center (waste related) representing a limited industrial use that is compatible with the surrounding neighborhood and is generally consistent with the City’s Comprehensive Plan and Land Development Code with appropriate restrictions.
Staff recommends approval with (3) conditions:
1. Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
2. All truck traffic must only utilize Digiorgio Road and Oleander Avenue.
3. All storage must be under a covered structure.
Commission questions for Staff:
Commissioner Jeremiah Johnson asked staff to define storage in the presentation. Secondly, is there a planned buffer zone as this property abuts neighborhood.
Applicant questions for Staff : None
Applicant Presentation; Fred Mussari, Applicant, sworn, agrees with conditions of approval. He discussed several points pertaining to the day-to-day operations of the facility and explained the type of waste being recycled.
Commission questions for applicant:
Commissioner Jeremiah Johnson inquired on the noise impact, containment of product, and outside storage. Commissioner Thomas Perona requested more information on how the product is contained. Commissioner Curtis Johnson Jr. asked that the applicant interject on what the livable wage will look like.
Public comment: Krishna Karst, sworn, is opposed as a resident due to possible inadequate notice to new homeowners, noise and containment concerns.
Applicant Fred Mussari clarified his projected hours of operation and reiterated that the waste being recycled is simply expired food and similar type items that cannot be sold and therefore are recycled to provide animal feed or disposed of properly.
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona To approve item 12 e with staff conditions.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Resolution 21-R15 appointing a Fort Pierce Business Owner to serve on the Keep Fort Pierce Beautiful Board.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R15 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE KEEP FORT PIERCE BEAUTIFUL ADVISORY BOARD; PROVIDING FOR AN
EFFECTIVE DATE.
The City Clerk distributed ballots for the Mayor and Commission.
Commissioner Jeremiah Johnson voted for Tishunda J. Tullis
Commissioner Thomas Perona voted for Bradley Brown
Commissioner Curtis Johnson Jr. voted for Tishunda J. Tullis
Mayor Hudson voted for Tishunda J. Tullis
RESOLUTION NO. 21-R15 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE KEEP FORT PIERCE BEAUTIFUL ADVISORY BOARD; PROVIDING FOR AN
EFFECTIVE DATE.
The City Clerk distributed ballots for the Mayor and Commission.
Commissioner Jeremiah Johnson voted for Tishunda J. Tullis
Commissioner Thomas Perona voted for Bradley Brown
Commissioner Curtis Johnson Jr. voted for Tishunda J. Tullis
Mayor Hudson voted for Tishunda J. Tullis
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Resolution 21-R15 appointing Tishunda Tullis to the Keep Fort Pierce Beautiful Committee.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Resolution 21-R16 Supporting the 2021 Legislative Priorities of the Florida League of Cities and Treasure Coast Regional League of Cities.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION 21-R16 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE 2021
LEGISLATIVE PRIORITIES OF THE FLORIDA LEAGUE OF CITIES AND THE TREASURE COAST REGIONAL LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Hudson indicated that this resolution was prepared at her request to show the City's support of the Florida League of Cities legislative efforts.
RESOLUTION 21-R16 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE 2021
LEGISLATIVE PRIORITIES OF THE FLORIDA LEAGUE OF CITIES AND THE TREASURE COAST REGIONAL LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Hudson indicated that this resolution was prepared at her request to show the City's support of the Florida League of Cities legislative efforts.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution 21-R16.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Submittal of applications to serve on the Communitywide Council.
The Board has two available seats. Qualified individuals must live within the targeted CRA boundaries and be a city resident. The Commission will continue to seek applications.
14.
COMMENTS FROM THE PUBLIC
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Geneira Lovette
Will Vaughn
Barbara Moore
Will Vaughn
Barbara Moore
15.
COMMENTS FROM THE CITY MANAGER
City Manger Nick Mimms provided an update on the See Click Fix Report which now separates District 1 and and 2 data. St. Lucie County was featured in an article in "Florida Trend" magazine. He discussed the meeting schedule for the Commission for the following week to include Conference Agenda.
City Attorney Peter Sweeney notified the Commission that the State of Emergency had been extended to April 27, 2021. Additionally, he announced that he requires a closed session to seek advice and direction concerning the following litigation matter pursuant to section 286.011(8), Florida Statutes: River Palms of St. Lucie, LLC v. City of Fort Pierce , St. Lucie Circuit Court Case No. 2020-CA-001941. The meeting should take approximately 30 minutes to discuss. Attendees will be the Mayor and City Commission, City Manager Nick Mimms, Assistant City Attorney
Tanya Earley, a court reporter and myself. The date has been set for March 2, 2021, starting at 2:30 p.m
City Clerk Linda Cox has no comments.
City Attorney Peter Sweeney notified the Commission that the State of Emergency had been extended to April 27, 2021. Additionally, he announced that he requires a closed session to seek advice and direction concerning the following litigation matter pursuant to section 286.011(8), Florida Statutes: River Palms of St. Lucie, LLC v. City of Fort Pierce , St. Lucie Circuit Court Case No. 2020-CA-001941. The meeting should take approximately 30 minutes to discuss. Attendees will be the Mayor and City Commission, City Manager Nick Mimms, Assistant City Attorney
Tanya Earley, a court reporter and myself. The date has been set for March 2, 2021, starting at 2:30 p.m
City Clerk Linda Cox has no comments.
a.
Reports
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona offered accolades to the Fort Pierce Police Department for their handling of the recent increase in crime. In addition, he voiced is support of getting a handle of the increase in chickens in the city and the opportunity for disc golf.
Commissioner Jeremiah Johnson also commented on his support of introducing disc golf to the city. He is looking forward to the good things happening in the city. He participated in the ribbon cutting at the St. Lucie County Fair along with Commissioner Curtis Johnson.
Commissioner Curtis Johnson praised the See, Click, Fix app. He reminded everyone about the Keep Fort Pierce Beautiful event on March 13 and encourages everyone to participate. He also announced the Community Cultural Arts and Sounds groundbreaking. Vaccines are on the rise in the city with the second round being offered on march 13th in Lincoln Park.
Mayor Hudosn provided a reminder of the Great American Cleanup on March 13. She voiced concerns about the recent accidents near Chuck's Seafood and asked that options be investigated to help reduce the number of accidents.
Commissioner Jeremiah Johnson also commented on his support of introducing disc golf to the city. He is looking forward to the good things happening in the city. He participated in the ribbon cutting at the St. Lucie County Fair along with Commissioner Curtis Johnson.
Commissioner Curtis Johnson praised the See, Click, Fix app. He reminded everyone about the Keep Fort Pierce Beautiful event on March 13 and encourages everyone to participate. He also announced the Community Cultural Arts and Sounds groundbreaking. Vaccines are on the rise in the city with the second round being offered on march 13th in Lincoln Park.
Mayor Hudosn provided a reminder of the Great American Cleanup on March 13. She voiced concerns about the recent accidents near Chuck's Seafood and asked that options be investigated to help reduce the number of accidents.
17.
ADJOURNMENT
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Mayor Hudson adjourned the meeting at 9:30 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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