Approval of Minutes from the February 17, 2015 regular meeting.

Approval of the Minutes from the open portion of Special Meeting on February 19, 2015.

Mayor Hudson issued a Proclamation recognizing Eugene "Gene" Sereg for his work promoting the City of Fort Pierce and St. Lucie County though his work with Main Street Fort Pierce.  It was received by Eugene Sereg.
 

Mayor Hudson issued a Proclamation recognizing the Phi Beta Sigma Fraternity 2015 Florida State Conference.  It was received by Clifton Wilson.

Presentation of the Islander Award by Carole Mushier, President of the South Beach Association, to Public Works Manager, Mike Reals.

Resolution of Appreciation for Treasure Coast First Responders issued by the District Board of Trustees of Indian River State College in recognition of the outstanding bravery, dedication and service provided to residents of Florida's Treasure Coast by the Fort Pierce Police Department.

Commendation letter from Michael Yurocko, Vice President of SLC Commercial, Inc., recognizing Kori Benton, Historic Preservation Officer.

Request to reduce Code Enforcement Lien in the amount of $21,240.00 against 1219 Avenue L owned by Ossie & Sheila Robinson, 1219 Avenue L, Ft. Pierce, FL 34981 to $1,240.00 payable in 60 days and contingent on paying the lot clearing lien and the administrative repair lien against property.

Waive interest, penalties, administrative fees in the amount of $624.24 for Lot Clearing Lien totaling $1,250.87 against 2610 Sunrise Boulevard, Ft. Pierce, FL, owned by Carr Investment Properties, Inc. (trustee)  contingent upon payment of $626.63 within 60 days.

Request to reduce Code Enforcement Lien in the amount of $35,040.00 against 2610 Sunrise Boulevard.  The property was previously owned by Jorge & Juanna Palacios, 2610 Sunrise Boulevard, Ft. Pierce, FL and is currently owned by Jayson Oneschuk, Carr Investment Property, Inc., 521 S Andrew Avenue #7, Ft. Lauderdale, FL 33301 to $3,504.00 payable in 6 months.

Approval of Travel for Mayor Hudson to attend the Florida League of Cities Legislative Action Days in Tallahassee, FL on March 17-18, 2015 in the amount of $736.09.

Approval of Communitywide Council Recommendations for 2014-2015 Commercial Facade Grant Awards

Approval of request by FPTA Storage FT. Pierce LLC to install an above ground LP tank at 4888 Okeechobee Rd.

Approval of request by Buteau Morestant to install an above ground LP tank at 2211 Avenue E.

Approve Timothy Rose Contracting, Inc. as the lowest responsive bidder for an amount not to exceed $387,593.73 for South 21st Street and Havana Avenue Sidewalk Improvements.

Approval of Change Order No. 1 to Bellingham Marine in the amount of $11,832.60  to change the Marina electrical pedestal breakers from standard breakers to a 30 milliampere instantaneous trip breaker pending approval by the City Attorney.  

Approval of Change Order No.2 to Bellingham Marine in the amount of $31,366.50 for the replacement of 6 wood navigational markers with steel marker poles in the deeper water of the City Marina entrance channel pending approval by City Attorney.   

(1)  Public Hearing for State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2015-2016, 2016-2017 and 2017-2018.

(2)  Adopt Resolution No. 15-R10 - Approving the Local Housing Assistance Plan as required by SHIP.

Libby Woodruff, Grants Administrator appeared and was available for any questions.

Mayor Hudson opened the Public Hearing.

Seeing no one, Mayor Hudson closed the Public Hearing.

Approval with conditions of application for a Conditional Use with New Construction and Site Plan submitted by Diocese of Palm Beach, Inc. to construct an off-site parking lot located at San Juan Diego Catholic Church, 2912 Delaware Avenue, Fort Pierce, FL.  Property is zoned R-3, Single Family Moderate Density. 

This agenda item was taken out of order and discussed before Public Hearing item 10a.

Approval with conditions of application for Conditional Use with no new construction submitted by Treasure Coast Bible Assembly to locate at 4146 Edwards Road, Fort Pierce, FL.  Property is zoned E-3, Residential Single-Family - 3 units per acre. 
 
Kori Benton, Historic Preservation Officer, appeared with a presentation and staff recommendation the City Commission approve with conditions.  There were two conditions listed, the first condition has been addressed by the applicant’s landscape architect, updating their landscape plan.  The remaining staff recommendation is for the plan to provide for the integration of the facility to existing FPUA sewer service pursuant to City Code Sections 20-40(3) and (4), prior to any future expansion.
 
Mayor Hudson opened the Public Hearing.
 
Mr. David Cleveland appeared on behalf of the Church.  He stated it is a small church with currently under 25 members and they are in hopes of establishing their home base, enabling the church to grow and allow for future expansion.
 
Seeing no one further, Mayor Hudson closed the Public Hearing.

Mr. Benton added there was no information noted on the disapproval that was returned to the Planning Department.  The returned approval noted improvement to location.  He stated the entire site is included in the conditional use and clarified there is no proprsed construction for the portion of the site that extends east behind the neighboring parcel.

Approval with conditions of application for Site Plan Approval submitted by The Hutton Company to construct a Family Dollar Retail Store located approximately at 1210 S 25th Street, Fort Piece, FL.  Property is zoned C-2, Neighborhood Commercial. 
 
Kori Benton, Historic Preservation Officer appeared with a presentation and staff recommendation the Commission approves the site plan with the following conditions:

1)  The applicant shall record and provide a recorded copy of the Unity of Title combining the subject parcels prior to issuance of a building permit
2)  The applicant shall provide an Owner and Encumbrances title search for each of the right of way dedications presented prior to issuance of a building permit
3)  The applicant shall record and provide a recorded copy of said R.O.W. dedications and/or right of way easements prior to the issuance of a Certificate of Occupancy

Mr. Benton further added this is a new location on a vacant commercial parcel based upon the market and demand in the area.

Mayor Hudson opened the Public Hearing.
 
Seeing no one, Mayor Hudson closed the Public Hearing.

Approval of application for Waiver of Distance submitted by Bunwin, Inc. (owner) and Robert Smith (applicant), operating as Celebrity Peacock Jazz and Blues Club, for a 4COP Alcoholic Beverage License, located at 510 Orange Avenue. Property is zoned C-3, General Commercial. 
 
Kori Benton, Historic Preservation Officer, appeared with a presentation and staff recommendation that the City Commission consider approval of the Waiver of Distance for a 4COP Alcoholic Beverage License for the proposed establishment in accordance with the proposed site improvements and parking plan, with the following conditions.

1) The applicant meets the City parking requirements through the securing shared parking agreements with neighboring property owners, insuring hours of operation do not overlap, and further providing satisfactory legal evidence to the City Commission to confirm authorization of use prior to the release of Zoning Approval of the Alcoholic Beverage License or a Business Tax License
2) The applicant certifies that the parking lot lighting requirement (3 foot candle average) is met for the parking lot areas to be utilized in connection with the establishment, prior to the release of Zoning Approval for the Alcoholic Beverage License.

Mr. Benton noted timing of the conditions is unique, the building requires extensive renovations and the applicant has opted to present to the Commission for approval the proposed application for Waiver of Distance to obtain guidance for the specific use of this location before proceeding with the expected costs of renovations and acquisition of required licensing and lease agreements. Adding for clarification that even though pursuant to the guidelines of the state the 4COP does permit for retail sales of alcohol for off premise consumption, the applicant has no intention to open a package store at this location and the Commission has the authority to add this as a condition of approval.
 
Commissioner Becht requested constructive comments from the citizens waiting to speak to the Commission on this item.

Mayor Hudson opened the Public Hearing.

Timothy May, Pastor at First United Methodist Church stated he is concerned about setting a precedent. When he was first approached, the site was to be Peacock Restaurant but things began to change and it became a club and lounge.  The hours of operation are listed as 11:00 a.m. to 2 a.m., the church’s preschool is until 12:00 p.m. and they also have church services in the evenings.  He stated the church has been at this location for almost 100 years and when speaking of historical value, the church has been contributing for more than 125 years in Fort Pierce with plans to continue.  The church was fine with a restaurant or even a jazz club; they are not comfortable with the alcohol factor.  He suggested a YMCA, museum, jokingly stating to donate the building to the church and turning it into a school; there are a lot of options.  A major concern is that by approving this waiver it will set a precedent for the vacant building surrounding the church; those owners could then apply with an expectation for approval of the same exceptions.
 
Susan Bishop stated there is frequently parking issues for the church’s 100 to 150 followers and cannot imagine there will be adequate parking for both establishments when the lot for the church is currently inadequate.  She welcomes new businesses and wants to see Fort Pierce grow, but feels if the Commission approves this waiver, the parking will become a nightmare.  She also has concerns with the noise that will be created by the music and how it will affect the church’s activities and functions. 
 
Bob Snowden stated he has been going to United Methodist Church for several years and in the past the church had a similar problem with a restaurant across the street that wanted to sell liquor and alcohol.  He feels the members of the church do not need to hear the music during services and that there is no need for a nightclub with late night hours.
 
Tom Kindred feels the point has been made tonight they are all concerned about the City of Fort Pierce and how it is going to grow.  The Orange Avenue corridor has been an underdeveloped area for several years.  He stated the church looked at that building to purchase several years ago, but did not because it would have cost too much to bring it up to code.  Whatever happens in this area is going to be beneficial to the City and he does not think what is being proposed will be beneficial.

Roy Childs informed the Commission that the Avenue D Boys Choir meets at United Methodist Church; this church does a lot for the community and wants to make a difference for the citizens of Fort Pierce.  The church uses the on street parking and they don’t just meet on Sundays; parking is an issue for them also.  He was an attendee at a meeting with the applicant where he presented something other than what is being proposed before the Commission, it has changed completely.  He does not feel a club environment is what is wanted alongside a preschool and daycare facility, the children do not need to see this.  He states he would love to see this area developed but is concerned about what it will turn out to be.  
 
Steve Taar stated he President of Bunwin Inc, the owner of the property.  He is trying to build a district downtown and Mr. Smith’s project is just the beginning.  He has met with the church and under a previous pastor made a proposal and reached an agreement for a new parking lot with 60 spaces and a whole new secured playground behind a concrete wall.  When he met with the new pastor it was decided that was something the church did not wish to pursue.  He clarified he never met with them about this specific proposal, all of his conversations were in general terms. The type of project Mr. Smith is attempting to do is a catalyst with the ultimate goal to increase jobs and taxes for the City.  Mr. Taar stated his intent has always been to enhance downtown and mentioned that many buildings have remained vacant for too long.  When he was approached by Mr. Smith he felt it was a good opportunity to tie the community together.  He is amenable to include in the lease that there will be no package store permitted and he will require that arts are to be incorporated into the business, some kind of art gallery.  He commented that he wants Mr. Smith’s project to do well further noting that Mr. Smith is paying for everything himself, if it fails he loses it all.  In closing, he said that in his opinion this waiver is not about Mr. Smith, it is about the block and the Peacock District that he envisions with the increase in jobs and tax assessments; with increased assessments and getting people to come to Fort Pierce and improving the area, then the surrounding areas will begin to fill in accordingly.
 
Robert Smith feels a lot of people have misunderstood this project clarifying this is not a club it is a jazz and blues restaurant with the downstairs area featuring entertainment.  He stated the events will be after hours so as not to conflict with the church’s scheduled activities, reiterating there will be no entertainment during the church hours.  He is anticipating hiring 50 to 80 people to work both upstairs and down.  He feels he is being stereotyped and that this project is bad and he is offended.  He is asking for an opportunity to be in the area that he feels needs a place for folks to come.  Mr. Smith addressed the Commission and stated he is not the kind of person to open up a business that will be hazardous to people, he is bringing tradition to Fort Pierce.  He has contacted the City and has an application with the Police Department that he will be paying them to help to direct safe passage across U.S. Highway 1 to the parking garage along with street legal golf cart transport.
 
Commissioner Becht asked Mr. Smith to convince him this is a restaurant since Phase I is the downstairs location and the kitchen is upstairs and part of Phase II.  Mr. Smith responded the plan was to go from the ground up but if needed, they will begin with the upstairs first.   He clarified they would be doing the whole building and the anticipation of a month before the next phase is to begin.  In response, Mr. Smith committed to this project as one phase, both upstairs and downstairs, eliminating the wording of Phase II. 
 
It was the consensus of the Commission that they needed additional information and clearer definition of what the project actually entails.   It was further requested that Mr. Smith reach out to the church and create a line of communication and provide an accurate explanation to the church that eliminates any misinformation that appears to be out there.
 
Timothy May responded the church intends to stay downtown with no thought to relocating to larger facility and still have concerns with additional services they have that will conflict with the proposed times of operation of the business.  The churches are trying to do their part for the community. 
 
Greg Rosslow wanted to make a point that has not been made; he stated the Sunrise Theatre also uses the parking garage.  He is sorry Mr. Smith feels like he is being stereotyped.
 
Seeing no one further, Mayor Hudson closed the Public Hearing.
 
Mr. Schwerer recommended the Commission postpone to a date certain, if the Commission wishes to do this he recommends to have a consensus of what they expect when the matter is returned back before them as well as what you are requesting of staff or the parties involved including the applicant and the church.
 
Commissioner Sessions made a motion to postpone to be revisited in 30 days with staff direction.
 
Mr. Benton made a recommendation for the second meeting in April, which would be April 20, 2015.
 
Commissioner Sessions withdrew his motion.

Ordinance No. 15-005  Amending Section 2-29 and Section 2-35 relating to procedure for making public comment at meetings and placement on the agenda.   SECOND READING

City Clerk Linda Cox introduced the ordinance, read by title only, into the record.

Mayor Hudson opened the Public Hearing.

Seeing no one, Mayor Hudson closed the Public Hearing.

Melody Lane Fishing Pier Update

Tracy Telle appeared and stated the pier is currently being advertised for bids that will be open on March 23rd.  Construction is anticipated to begin in May with a final completion in October.

The issue of accessible restrooms for the people that will be using the pier was discussed.  It was suggested adding restrooms to the small park that St. Andrews is installing there at the pier location since the agreement with St. Andrews is still being discussed.

Bellingham Marine Floating Dock Construction Update. The project is currently on schedule to be completed the beginning of May.
 
Ed Seissiger, Project Coordinator, appeared with a brief presentation on updated construction.  The project is on queue to finish on time with approximately 70% complete at this time.  The remainder of the project is anticipated to be complete by the first week of May.

City Marina Update including dock revenue projections by Dean Kubitschek, City Marina Manager.
 
Dean Kubitschek, City Marina Manager, appeared with a presentation that defines "public marina" and outlines rate structures.  The City Marina is a public marina and is one of the most active facilities that allow access to the public on the waterfront.  The rates are comparable and this marina design gives the City the ability to accommodate larger vessels as well as multiple smaller ones.   Since the 17 slips on the Northside became operational on December 19, 2014, the City has had vessels registered for overnight stays that have ranged from 27 feet to 70 feet and collected $14,616.30 in dockage fees alone.  The new fuel tank that was installed last November is doing very well and based on the market fuel sales, is anticipated to be very good.  The office receives continuous calls questioning when the docks will be available and requests for the rates; there is currently a wait list that will be contacted as the additional docks open up. There are many that attend the numerous activities and festivals that are hosted at the marina and have shared their experiences creating a great word of mouth network.  Mr. Kubitschek stated his goal is to get the marina up to 80% by the year 2016.  In closing, he responded to the Commission this was a team effort and that all staff was to be commended, not just his staff.  The City and St. Lucie County will have a facility they can be proud of for many years to come.
 
When asked by Commissioner Perona, he responded areas of improvement would be in parking and restroom facilities.  If he loses one long term boat tenant due to parking, the potential loss is approximately $8,000 to $12,000 for just that one boater.  The City needs to find a way to deal with these two very important issues.

Resolution No. 15-R09 appointing members to the Construction Board of Adjustments and Appeals.