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Minutes for City Commission Regular Meeting - 6:00 pm

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 P.M. ON MONDAY, FEBRUARY 7, 2022.
 
1.
CALL TO ORDER
Mayor Linda Hudson called the February 07, 2022 Regular Meeting of the City Commission to order at 6:00 P.M.
 
 
2.
OPENING PRAYER - Chaplain Deanna Smith with Wings of Deliverance Ministries
 
3.
PLEDGE OF ALLEGIANCE
 
4.
ROLL CALL
Present:
Commissioner Arnold Gaines; Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Mayor Linda Hudson
Staff Present:
  • City Clerk Linda Cox
  • City Manager Nicholas Mimms
  • City Attorney Tanya Earley
 
5.
APPROVAL OF MINUTES
 
a.
Approval of Minutes from January 18, 2022 Regular Meeting
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve the January 18, 2022 Regular Meeting.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
6.
PROCLAMATIONS
 
a.
National Heart Health Month Proclamation
 
7.
LETTERS TO COMMISSION
 
a.
Complimentary email from Jerry Britt expressing his appreciation for the Public Works Department's maintenance and cleaning of the island's parks.
 
b.
Phone call from Ross Crittenden for the Mayor and Commissioners commending Raymond Adinolfi, Public Works Sanitation Driver, for being an exemplary employee.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the Agenda as set.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
9.
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.
No public comments.
 
 
10.
MISCELLANEOUS REPORTS
 
11.
CONSENT AGENDA
 
a.
Approval of Agreement for Professional Consulting Services Piggyback Contract with NUE Urban Concepts, LLC for the development of a Mobility Plan in the amount of $99,750.
 
b.
Approve request to reduce Code Enforcement lien in the amount of $1,098,290.00, against 1810 S 8th Street, Fort Pierce, FL 34950 - Parcel ID Number 2415-702-0010-000/8, owned by Lajeunne Beausejour to $2,000.00, to be paid within twelve (12) months.
 
c.
Approve staff recommendation in response to request to reduce demolition fees in the amount of $9,553.30 against a vacant lot located on the 500 block of Dundas Court, Fort Pierce, FL, Parcel ID# 2410-601-0065-000/3 owned by Valeria A Thompson, by waiving the interest, penalties and a portion of the administrative costs in the amount of $4,605.50, leaving a balance due of $4,948.00 payable in 60 days. The applicant is asking to waive all costs and fees in the amount of $9,553.50 leaving a balance due of $0.00, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.
 
d.
Approve staff recommendation in response to request to reduce lot clearing fees in the amount of $8,968.00 against  a vacant lot located in the 500 block of Dundas Court, Fort Pierce, FL, Parcel ID# 2410-601-0065-000/3 owned by Valeria A Thompson, by waiving the interest, penalties and a portion of the administrative costs in the amount of $4,328.00, leaving a balance due of $4,640.00 payable in 60 days. The applicant is asking to waive all costs and fees in the amount of $8,968.00 leaving a balance due of $0.00, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.
 
e.
Approve staff recommendation in response to request to reduce lot clearing fees in the amount of $6,174.00 against a vacant lot located in the 500 block of Dundas Court, Fort Pierce, FL, Parcel ID# 2410-601-0066-000/0 owned by Valeria A Thompson, by waiving the interest, penalties and a portion of the administrative costs in the amount of $3,005.00, leaving a balance due of $3,169.00 payable in 60 days. The applicant is asking to waive all costs and fees in the amount of $6,174.00 leaving a balance due of $0.00, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.
 
f.
Approve staff recommendation in response to request to reduce lot clearing fees in the amount of $10,589.18 against 439 Means Court, Fort Pierce, FL, Parcel ID# 2409-501-0290-000/8 owned by Sheenum Dhiman, by waiving the interest, penalties and a portion of the administrative costs in the amount of $7,841.25, leaving a balance due of 2,747.93 payable in 60 days. The applicant is asking to waive all interest, penalties, administration fees and a portion of the lot clearing fees in the amount of $10,189.18 leaving a balance due of $400.00 payable in 60 days, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.
 
g.
Approve staff recommendation in response to request to reduce lot clearing fees in the amount of $811.65 against 439 Means Court, Fort Pierce, FL, Parcel ID# 2409-501-0290-000/8 owned by Sheenum Dhiman, by waiving the interest, penalties and a portion of the administrative costs in the amount of $411.65, leaving a balance due of $400.00 payable in 60 days.
 
h.
Approval to execute a Certificate of Acceptance for a Justice Assistance Grant Award (JAG: 2021-JAGC-STLU-1-3B-156) for $26,627.00 (no match required) for Law Enforcement Technology.
 
i.
Approval of travel for Commissioner Curtis Johnson Jr. to attend Florida Black Caucus of Local Elected Officials in Kissimmee, Florida from March 16, 2022 to March 18, 2022 in the amount of  $741.96
 
j.
Approval of participation agreement on behalf of the City of Fort Pierce as required under Resolution 21-R44 and as part of the potential settlement of Opioid Litigation. 
Commissioner Tom Perona pulled item 11 b.
 
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Arnold Gaines to approve items 11 a, 11 c, 11 d, 11 e, 11 f , 11 g , 11 h , 11 i, and 11 j.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

As to 11 b
Commissioner Perona inquired as to the accumulation and process of the lien.

Code Compliance Manager, Peggy Arraiz, gave a summary of the background of the Code Enforcement lien at 1810 S 8th street.

Commissioner Curtis Johnson inquired if there are currently processes in place to prevent this moving forward, if there is the ability to flag accounts that remain non-compliant, and if language barriers are considered. Mrs. Arraiz explained that if there is justification this can happen again, and she is unaware if that was the case at the time. Currently, translation services are available.

Commissioner Gaines inquired if there are conditions to account for the elderly. Mrs. Arraiz explained that there is assistance on a need basis if it is communicated.
 
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Arnold Gaines to approve item 11 b.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
12.
PUBLIC HEARINGS
 
a.
Legislative Hearing - Ordinance No. 22-001, Amending and Restating Ordinance No. 20-025 to include Phase 1A Site Plan and adopt Planned Development (PD) Guidelines for property generally located at or near 10050 West Midway Road - Willow Lakes.   Second Reading.
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
 
ORDINANCE NO. 22-001
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING AND RESTATING ORDINANCE NO. 20-025 TO INCLUDE PHASE 1A SITE PLAN AND ADOPT PLANNED DEVELOPMENT GUIDELINES FOR PROPERTY GENERALLY LOCATED AT OR NEAR 10050 WEST MIDWAY ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Ordinance No. 22-001.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
b.
Legislative Hearing - Ordinance No. 22-003, Amending and Restating Ordinance No. 20-012 to replace the previously approved conceptual master plan with a site plan for the property generally located at or near 322 North 2nd Street - Kings Landing.  Second Reading.
City Clerk Linda Cox introduced the Ordinance, read by the title only, into the record.
 
ORDINANCE NO. 22-003
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING AND RESTATING ORDINANCE NO. 20-012 TO REPLACE THE PREVIOUSLY APPROVED CONCEPTUAL MASTER PLAN WITH A SITE PLAN FOR PROPERTY GENERALLY LOCATED AT OR NEAR 322 NORTH 2ND STREET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
 
Mayor Hudson opened the public hearing.

Tim Gunther- For
Beryl Muise – For
Jeanne Arias- Against
Holly Theuns- For
Becky Demanuel -For
Mayor Hudson closed the public hearing.

Commissioner Jeremiah Johnson commented on the history of the property and thanked everyone who played a part whether for or against.

Commissioner Curtis Johnson commented that the decision for change is not taken lightly by the Commission and expressed his excitement for the project.

Commissioner Perona commented that this decision has been discussed for twelve years and that this is probably the biggest move in Fort Pierce. This is a new Fort Pierce.

Commissioner Gaines commented that this project provides opportunity for the citizens of Fort Pierce.
 
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No 22-003.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
c.
Legislative Hearing - Ordinance No. 22-005 Rezoning the property generally located at or near the southeastern interchange of Seaway Drive and North U.S. Highway 1 from Marine Commercial Zone (C-6) to General Commercial Zone (C-3). Second Reading
City Clerk Linda Cox introduced the Ordinance, read by the title only, into the record.

ORDINANCE NO. 22-005
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR THE SOUTHEASTERN INTERCHANGE OF SEAWAY DRIVE AND NORTH U.S. HIGHWAY 1 FROM MARINE COMMERCIAL ZONE (C-6) TO GENERAL COMMERCIAL ZONE (C-3); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Ordinance No. 22-005.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
d.
Legislative Hearing - Ordinance 22-006 - An ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel (parcel 5) at or near 4145 S US Highway 1 in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by the title only, into the record.

ORDINANCE NO. 22-006
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL (PARCEL 5) AT OR NEAR 4145 S US HIGHWAY 1 IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2023; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
 
Vennis Gilmore, Senior Planner, presented the applications for voluntary annexation for two parcels at 4145 S US Highway 1 to correct an issue with the original property annexation in 2007. Staff recommends approval of the proposed annexation.

Mayor Hudson opened the public hearing.

Rebecca Grohall, MBV Engineering, thanked Staff on their diligence to move the project along in a timely manner.

Mayor Hudson closed the public hearing.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-006.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
e.
Legislative Hearing - Ordinance 22-007 - An ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel (Parcel 6) at or near 4145 S US Highway 1 in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by the title only, into the record.

ORDINANCE NO. 22-007
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL (PARCEL 6) AT OR NEAR 4145 S US HIGHWAY 1 IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2023; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Ordinance No. 22-007.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
f.
Legislative Hearing - Ordinance 22-008 - An ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near 2602 McNeil Road in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by the title only, into the record.

ORDINANCE NO. 22-008
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 2602 MCNEIL ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2023; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Vennis Gilmore, Senior Planner, presented the application for voluntary annexation for one parcel near 2602 McNeil Road. Staff recommends approval of the proposed annexation.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve Ordinance No. 22-008.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
g.
Quasi-Judicial Hearing - Application for Site Plan (Development and Design Review) submitted by property owner, Jill Simpkins, OkeeJen LLC and applicant, Todd Howder, Vice President– MBV Engineering, Inc., for Fort Pierce Commercial located at 5553 and 5555 Okeechobee Road to construct a 241,190 square foot commercial development with retail and a restaurant on Parcel 1, Aldi grocery store on Parcel 2 and future commercial development on Parcel 3. The property is zoned General Commercial (C-3). Parcel ID(s): 2419-321-0001-000-5 and 2419-322-0003-000-2.
City Clerk Linda Cox introduced the Application for Site Plan

Mayor Linda Hudson asked all present to listen carefully to what City Attorney Tanya Earley would read regarding Quasi-Judicial Hearings as they apply to subsequent Quasi-Judicial Hearings tonight. Tanya Earley, City Attorney, reviewed the Quasi-Judicia hearing rules and procedures.
Mayor Linda Hudson called the proceeding to order.

City Clerk Linda Cox confirmed the City complied with the advertisement and notice requirements.

Mayor Linda Hudson inquired with the Commission regarding ex-parte communication and asked City Clerk to call the roll:
Commissioner Arnold Gaines- No
Commissioner Curtis Johnson Jr. – No
Commissioner Jeremiah Johnson- Yes
Commissioner Thomas Perona – No
Mayor Hudson- No

City Clerk Linda Cox swore in those wanting to speak during the Quasi-Judicial hearing.

Staff Presentation-
Vennis Gilmore, Senior Planner, sworn, presented the Site Plan Application for 5553 and 5555 Okeechobee Road. Staff recommends approval with (3) Conditions:
1.Per City Code Chapter 121 Subdivisions, a Preliminary and Final Plat are required.
2.A completion certification by a landscape architect, cost estimate and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.
3.Prior to the issuance of any site clearing permits, the applicant shall provide a Tree Mitigation Survey and coordinate with the City of Ft. Pierce Arborist for the required mitigation of the City regulated trees proposed to be removed as a result of this site’s development/construction activity.

Questions of Staff-
Commissioner Jeremiah Johnson inquired if there would be two separate bonds, two separate entryways, and if moving the access point was considered for aesthetic purposes. Mr. Gilmore responded that there would be two bonds, two entryways and that the applicant had considered moving access points, but the applicant could better explain that decision.

Commissioner Curtis Johnson inquired of the access from Okeechobee Road. Mr. Gilmore explained the traffic pattern and shared access. Jennifer Hofmeister- Drew, Planning Director, sworn, explained that there is the option to leave using the light at Jenkins Rd and that there is shared access because there is not enough space for an additional driveway due to a drainage canal.

Mayor Hudson opened the public hearing.

Questions of Applicant-
Todd Howder, MBV Engineering, sworn, had no questions of staff, but addressed the parcel dynamics and footprint presented on the proposed Site Plan.

Commissioner Jeremiah Johnson inquired to the buffering for the residential area, and has there been discussion with Staff, Saint Lucie County, FDOT, and TPO. Mr. Howder responded that there is a two-pond system, wet surrounded by dry, and that a conversation was had with all agencies mentioned.

Commissioner Curtis Johnson inquired of landscaping, signage, and parking. Mrs. Hofmeister- Drew explained that the sign program comes during building permit but anticipate a master sign program and crosswalks may address parking concerns. Mr. Howder confirmed that there will be one sign in accordance with building requirement and appropriate landscaping.

Commissioner Gaines inquired to the future development of the property. Mr. Howder responded that he did not know about the future development.
 
Mayor Hudson closed the public hearing.

Commissioner Jeremiah Johnson commented that he is excited about the project but wants to ensure that all elements of the project have been considered.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the application for Site Plan with three staff conditions.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
h.
Quasi-Judicial Hearing - Application for Site Plan (Development and Design Review) submitted by property owner, Scavello Management LLC, and applicant MBV Engineering, Inc., for Scavello Taylor Creek Commercial Development generally located at North US Highway 1, adjacent to the Taylor Creek Publix Shopping Center to construct 33,603 square feet of commercial development, consisting of 23,600 square feet of retail, 2,103 square feet of fast casual restaurant space, and 7,900 square feet of fine dining. The property is zoned General Commercial (C-3). Parcel ID: 1433-431-0001-000-4.
City Clerk Linda Cox introduced the Application for Site Plan

City Clerk Linda Cox confirmed the City complied with the advertisement and notice requirements.

Mayor Linda Hudson inquired with the Commission regarding ex-parte communication and asked City Clerk to call the roll:
Commissioner Arnold Gaines- No
Commissioner Curtis Johnson Jr. – No
Commissioner Jeremiah Johnson- Yes
Commissioner Thomas Perona – No
Mayor Hudson- No

City Clerk Linda Cox swore in those wanting to speak during the Quasi-Judicial hearing.

Staff Presentation-
Jennifer Hofmeister- Drew, Planning Director, sworn, presented the Site Plan Application for North US Highway 1 adjacent to the Taylor Creek Publix Shopping Center. Staff recommends approval with the following conditions:
1. Pursuant to City Code Section 123-66.(d) -Tree protection and mitigation, a final Tree Mitigation Plan shall be approved by staff prior to the issuance of a Building Permit.
2. A certified letter of completion by a landscape architect and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site. 
3. Re-stripe, and/or provide pavement alternatives, to the access drive into the Taylor Creek Plaza from North US Highway 1 to differentiate the access easement more adequately into the subject property from the Taylor Creek Plaza surrounding parking area.

Questions of Staff-
Commissioner Perona inquired as to how access to the site from US 1 is achieved to which Mrs. Hofmeister-Drew indicated that there is access via the light at US 1.

Commissioner Curtis Johnson inquired of the access point from Juanita Avenue using Sandridge Road and would there be only one access point. Mrs. Hofmeister- Drew responded that the access point at Sandridge Road will be abandoned since it is not developed to County standards;  the traffic study conducted considered one access point and there is potential for access from 13th street in the future.

Commissioner Jeremiah Johnson inquired as to why Sandridge Road is being abandoned by the County and what parts are being abandoned.  He inquired as to who made the recommendation to remove the  additional driveway access connecting a private road and was there merit to the change.   If the right-of-way was closed off, would it be acceptable to staff to reopen the original proposed north end connection. Mrs. Hofmeister-Drew explained that there is a safety concern with Sandridge Road and it will be abandoned near the location of the the old cul-de-sac.  Staff recommended closing the additional northern driveway access when the abandonment was determined. 

Mr. Mimms inquired who is responsible for blocking and removing the pavement from the existing road when it is abandoned.  Mrs. Hofmeister-Drew indicated that a barrier will be present but does not know at what point and who is responsible for removing the pavement.

Questions of Applicant-
Rebecca Grohall, MBV Engineering, and Paul Scavello, applicant, sworn, have no questions of Staff. Mrs. Grohall addressed the discussion on Sandridge Rd and safe pedestrian walkways. Mr. Scavello expressed his excitement for the project which will provide economic opportunities for the City.

Commission Questions of Applicants-
Commissioner Curtis Johnson inquired of the possible tenant for the quick service component. Mr. Scavello stated he does not have a tenant at this time but has had some inquiries.

Commissioner Gaines inquired if consideration had been made for the barricade to prevent car access but permit pedestrian access. Mrs. Grohall responded that she had pitched that idea to the County. Mrs. Hofmeister- Drew responded that discussion would need to be had with the County regarding abandonment as someone has to be responsible for the maintenance of the portion open to the public.

Commissioner Jeremiah Johnson inquired if the one driveway access is the preferred design, and if right-hand turnout was available would they be willing to improve that section of roadway. Mrs. Grohall said that a secondary point, right-out only would be ideal. Mr Scavello agreed to improve the roadway if the turnout was available.

Mr. Mimms suggested as a point a clarification that Commissioner Jeremiah Johnson noted he would like the access area improved. Commissioner Jeremiah Johnson referenced the conditions which were accepted by the applicant, that if a driveway was added there would be connection points to both driveways.

Mayor Hudson closed the public hearing.

Comments from the Commission-

Mayor Hudson commented that this project will be transformational for the City.

Commissioner Curtis Johnson commented that this creates appeal for the City but has concern with traffic flow and pedestrian access.

Commissioner Gaines commented that he is excited about the project and would like considerations for a pedestrian area.

Commissioner Perona commented that with continued development additional signals may be required but is excited about the project.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the application for Site Plan with the following conditions:
1. Pursuant to City Code Section 123-66.(d) -Tree Protection and Mitigation, a final Tree Mitigation Plan shall be approved by staff prior to the issuance of a building permit.
2. A Certified Letter of Completion by a landscape architect and landscape bond pursuant to City Code 123-6 shall be required before the final Certificate of Occupancy is approved for the site.
3. Restripe the access drive and make asphalt improvements, and/or provide pavement alternatives, into the Taylor Creek Plaza from North US Highway 1 to differentiate the access easement more adequately into the subject property from the Taylor Creek Plaza surrounding parking area.
4. Establish a northern right only exit in the location previously reviewed by staff as discussed at Commission meeting.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

Commissioner Perona inquired if the additional condition is possible or could be an issue for the developer.  Mr. Mimms commented that he does not foresee any issue, but the developer must agree.
 
i.
Quasi-Judicial Hearing - Application for Site Plan (Development and Design Review) submitted by property owner, JBL Fort Pierce Industrial, and applicant Engineering Design & Construction, Inc., for Crossroads Parkway Warehouse generally located on the east side of Crossroads Parkway and west of I-95 to construct a 207,458 square foot office/warehouse building. The property is zoned Commercial Parkway (CP-1). Parcel ID(s): 2324-710-0018-000-0, 2324-710-0019-000-7, 2324-710-0020-000-7, 2324-710-0021-000-4, and 2324-710-0022-000-1.
City Clerk Linda Cox introduced the Application for Site Plan

City Clerk Linda Cox confirmed the City complied with the advertisement and notice requirements.

Mayor Linda Hudson inquired with the Commission regarding ex-parte communication and asked City Clerk to call the roll:
Commissioner Arnold Gaines- No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson- No
Commissioner Thomas Perona – No
Mayor Hudson- No

City Clerk Linda Cox swore in those wanting to speak during the Quasi-Judicial hearing.

Staff Presentation-
Jennifer Hofmeister-Drew, Planning Director, sworn, presented the Site Plan Application for Crossroads Parkway Warehouse. Staff recommends approval with the following conditions:
1. Pursuant to City Code Section 123-66.(d) -Tree protection and mitigation, a final Tree Mitigation Plan shall be approved by staff prior to the issuance of a Building Permit.  
2. A certified letter of completion by a landscape architect and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site. 
3. Prior to the issuance of a Building Permit, a parking in lieu fee for the eight (8) parking spaces not provided on site shall be paid. 
 4. A Unity of Title with the St. Lucie County Clerk of Courts and a Parcel Combination with the St. Lucie County Property Appraiser shall be conducted before the issuance of a Building Permit. 
 
Questions of Staff-
Commissioner Perona inquired to the cost of the in-lieu fee. Mrs. Hofmeister-Drew responded that it is six thousand dollars.

Questions of Applicant-
Brad Currie, EDC Inc, sworn, had no staff questions but explained that the proposed area will not be a single tenant space.
 
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the application for Site Plan with four conditions.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
j.
Quasi-Judicial Hearing - Review and approval of an application for Final Plat, submitted by Representative, Dennis Murphy, Principle Planner of Culpepper & Terpening, Inc. and Property Owner, Isle Shores Development, LLC, to subdivide, into five (5) parcels, approximately 0.68 acres of land for the Isle Shores Development located at 1403 Desota Street, Fort Pierce, FL. The Developer/Applicant is required to enter into an agreement with the City of Fort Pierce and post the appropriate bond regarding the completion of the outstanding site work. The property is zoned Hutchinson Island Residential (R-4A) 2401-501-0259-000-5.
 
City Clerk Linda Cox introduced the Application for Final Plat

City Clerk Lind Cox confirmed the City complied with the advertisement and notice requirements.

Mayor Linda Hudson inquired with the Commission regarding ex-parte communication and asked City Clerk to call the roll:
Commissioner Arnold Gaines- No
Commissioner Curtis Johnson Jr. – No
Commissioner Jeremiah Johnson- No
Commissioner Thomas Perona – No
Mayor Hudson-No

City Clerk Linda Cox swore in those wanting to speak during the Quasi-Judicial hearing.

Staff Presentation –
Vennis Gilmore, Senior Planner, sworn, presented the application for Final Plat located at 1403 Desota Street. Staff recommends approval with the following condition:
The applicant will supply two (2) Mylars for appropriate signatures and then the plat is recorded with St. Lucie County Clerk of Courts in accordance with Florida State Statute 177.111. 
The plat is consistent with Chapter 221 of the City Code, the Comprehensive Plan, and the approved Planned Development Plan.
It does not adversely affect the public health, safety, convenience, and general welfare.

Questions of Staff-
Commissioner Jeremiah Johnson inquired as to the designation of the plat currently. Mrs. Hofmeister-Drew responded that this property was previously approved seven months ago.

Questions of Applicant-
Dennis Murphy, Culpepper & Terpening, and Phil Thompson, property owner, sworn, had no questions of Staff.

Commission Questions of Applicant- None
 
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve the application for Final Plat with one condition.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
13.
CITY COMMISSION
 
a.
Resolution No. 22-R04 appointing Ipyana Abayomi as Commissioner Curtis Johnson, Jr.'s appointee to the Arts & Culture Advisory Board.
City Clerk Linda Cox introduced the Resolution, read by the title only, into the record.

RESOLUTION NO. 22-R04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT AND
REAPPOINTMENT OF MEMBERS TO THE ARTS AND CULTURE ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Resolution No. 22-R04.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
b.
Resolution No. 22-R05 appointing KeAndrea Davis as Commissioner Gaines' appointee to the Board of Adjustment.
City Clerk Linda Cox introduced the Resolution, read by the title only, into the record.

RESOLUTION NO. 22-R05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE BOARD OF ADJUSTMENT, PROVIDING FOR AN EFFECTIVE DATE.
 
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve Resolution No. 22-R05.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
c.
Resolution No. 22-R06 appointing Alexander Edwards as Commissioner Gaines' appointee to the Planning Board.
City Clerk Linda Cox introduced the Resolution, read by the title only, into the record.
 
RESOLUTION NO. 22-R06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A MEMBER TO THE CITY PLANNING BOARD; PROVIDING FOR AN EFFECTIVE DATE.
 
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 22-R06.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
d.
Resolution No. 22-R07 determining that the structure located at 505 N 13th Street is unsafe and has been condemned in accordance with the International Property Maintenance Code as adopted by the City Commission. In accordance with the International Property Maintenance Code, the Building Official declared the structure an imminent danger and ordered its immediate demolition. Per the rules of Procedure for Condemnation and Demolition, when such an action is taken, the procedures for demolition shall commence as soon as reasonable possible after the fact. A hearing to determine this matter is scheduled before the City Commission on 2/22/2022.
City Clerk Linda Cox introduced the Resolution, read by the title only, into the record.

RESOLUTION NO. 22-R07
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 505 N 13TH ST IN FORT PIERCE, FLORIDA, 34950 IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT ALL PARTIES OF INTEREST MUST SHOW CAUSE WHY THE STRUCTURE SHOULD NOT HAVE BEEN DEMOLISHED IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF FORT PIERCE; AND NOTIFYING ALL PARTIES OF ACTION BY THE CITY OF FORT PIERCE FOR FAILURE TO ACT; AND THAT A PUBLIC HEARING BE HELD AT THE REGULARLY SCHEDULED CITY COMMISSION MEETING ON FEBRUARY 22, 2022 AT 4:30 PM, IN THE CITY COMMISSION CHAMBERS LOCATED AT 100 NORTH US HIGHWAY 1, FORT PIERCE, FLORIDA; AND PROVIDING FOR NOTICE TO ALL PARTIES.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Resolution No. 22-R07.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
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.
 No public comments
 
 
15.
COMMENTS FROM THE CITY MANAGER
City Manager Nick Mimms highlighted the upcoming FPRA meeting on February 8, Conference Agenda meeting February 14 where the Superintendent of Schools is expected to attend, an update from the Sunrise Theatre Advisory Board with information from the Director of the Sunrise Theatre, and the unveiling of the Melody Lane Canon 11:30 near St Andrew’s Episcopal Academy.
 
City Clerk Linda Cox – No comments
 
City Attorney Tanya Earley- No comments
 
 
a.
Reports
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Gaines commented on his appointees to Boards, that Lincoln Park Mainstreet is hosting the Historical Blacks in Wax at Main Street February 10th through the 14th, and solicited Commission's assistance with Senate Bill 620.
 
Commissioner Jeremiah Johnson commented that Mainstreet Fort Pierce will be hosting the Reverse Raffle February 19th at 500 Orange Ave, and Friday Fest was great.
 
Commissioner Curtis Johnson thanked staff for their hard work and commented on the importance of communicating with the City about upcoming events.
 
Commissioner Perona commented that the Surfside Private Beach Association will be celebrating their 50th anniversary February 19th at Jaycee Park, inquired about the property at 301 Seaway and Porpoise Park, and updated that the Children’s Service Council will be sponsoring Jaycee Park Design. FPUA is trying to obtain a grant through Deed for solar shading that will power the water feature in the park. Mr. Mimms explained the demolition is taking place at 301 Seaway as well as work being done at Porpoise Park on the dune to complete the natural cross over.
 
Mayor Hudson commented on bills supported by the League of Cities, specifically smoking in public parks, capping the cost for short term rental registration, tree cutting, and sovereign immunity. The State of the City will again be done by video giving each Commissioner the opportunity to speak on a particular section.
 
 
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.
Mayor Linda Hudson Adjourned the meeting at 8 :44 P.M.
 
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER