- Present:
- Mayor Linda Hudson; Commissioner Jeremiah Johnson; Commissioner Thomas Perona
- Absent:
- Commissioner Rufus Alexander; Commissioner Reginald Sessions
- Staff Present:
-
- City Attorney James Messer
- City Clerk Linda Cox
- City Manager Nicholas Mimms
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve the agenda as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve items 11 a through 11 q. Commissioner Johnson noted he and Chief Hobley-Burney had discussed item 11 o and he was encouraged by part of this being funded by the Law Enforcement Trust Fund. Commissioner Johnson will be focusing on school resource officers. He believes this could be a player in that. Regarding item 11 p, Commissioner Perona inquired if the FPUA had looked into this before resurfacing commenced. Jack Andrews, City Engineer assured him they were involved.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
ORDINANCE NO. 18-009 - AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY LOCATED AT 102 AVENUE A (MARINA WAY), FROM PUR, PLANNED UNIT REDEVELOPMENT, TO C-4, CENTRAL COMMERCIAL ZONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 a.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
Vennis Gilmore, Planner, indicated the 0.138 acre site is located on the north east corner of North 2nd Street and Marina Way. The subject building will be between two existing buildings and the architecture to match the 2nd Street Station will be organic throughout. There will be an elevated patio in the front of the building. All affected departments have reviewed the proposed Site Plan with regards to requirements of the City Code. Findings from the review by corresponding departments and any associated responses by the applicant are provided for viewing by the City Commission. The Planning Board at their March 13th meeting voted unanimously to recommend approval. The proposed Site Plan meets the criteria specified in Section 22-32 and 22-59 of the City Code and promotes and protects the public health, safety and general welfare; therefore, Staff recommends that the City Commission approve the proposed Site Plan with the following conditions:
1) The applicant obtains a Right of Way permit with the Engineering Department for re-construction of the adjacent sidewalk and construction of an elevated patio.
2) Please provide a color board (11"x17" maximum) containing actual color samples of all exterior finishes, keyed to the elevations, and indicating the manufacturer's name and color designation. Provide an accurate color rendering of proposed signs showing dimensions, type of lettering, materials and actual color samples that demonstrates cohesiveness with the project design.
3) Please provide a final landscape plan that meets the requirements of Article XII, Landscaping and Trees.
4) Per City Code Section 22-59 and Chapter 23; the design features must be reasonably consistent with the historic character of the predominant architectural style within the historic district (Downtown). Please seek approval by the Historic Preservation Board for compliance with terms and conditions of applicable certificates of appropriateness, prior to issuance of any building permit.
Mayor Hudson opened the Public Hearing.
John Blum, applicant, presented himself to answer any questions.
Mike Menard mentioned the only deviation from the look of the subject site will be glass impact overhead doors.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve itm 12 b with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
ORDINANCE NO. 18-010 - AN ORDINANCE AMENDING THE 2016-17 BUDGET OF THE CITY OF FORT PIERCE, FLORIDA BY INSERTING THEREIN A SCHEDULE ATTACHED HERETO AND DESIGNATED AS THE 2016-17 FINAL BUDGET AMENDMENT. THE SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 c.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
ORDINANCE NO. 18-011 - AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT 3798 SELVITZ ROAD, FROM IH, INDUSTRIAL HEAVY (ST. LUCIE COUNTY ZONING), TO I-3, HEAVY INDUSTRIAL (CITY OF FORT PIERCE); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, James Messer, City Attorney, reminded the Commission when acting as a Quasi-Judicial Body they apply the laws and policies established and are held to stricter procedural requirements, following basic standards established and are held to stricter procedural requirements, following basic standards of notice and due process based on substantial evidence. As such, they conduct these proceedings as judges instead of legislators.
Mr. Messer additionally confirmed that there are no party interveners in this matter, other than the applicant and City staff. That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
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; Commissioner Johnson met with the owner’s representative; Commissioner Perona met with the owner’s representative and neighboring properties; Commissioner Sessions spoke with owner’s representative. Mayor Hudson did not have any ex-parte communications.
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.
Vennis Gilmore, Planner, indicated the proposed rezoning site is approximately 39.71 acres. The applicant is looking to rezone from I-3 Heavy Industrial to I-1 Light Industrial.
The following standards must be satisfied per Section 22-131 of the City Code prior to the approval of the requested amendment:
(1) The amendment is consistent with the comprehensive plan;
(2) The amendment will not have an adverse effect on the ability of the city to:
a. Satisfy land and water use needs; and
b. Meet transportation demands and provide community facilities and services; and
(3) The amendment will promote and protect the public health, safety and general welfare.
All affected departments have reviewed the proposed Zoning Atlas Amendment with regards requirements of the City Code. Findings from the review by corresponding departments and any associated responses by the applicant are provided for viewing by the City Commission.
The proposed amendment meets the criteria specified in Section 22-131 of the City Code and promotes and protects the public health, safety and general welfare; therefore Staff recommends that the City Commission, approve the proposed amendment.
Mayor Hudson opened the Public Hearing.
Dennis Murphy with Culpepper & Terpening, Inc. presented himself to answer any questions.
Bud Wild feels the old classification allows for the potential of environmental damage which has already occurred at the site. He feels Light Industrial is a better fit.
Katherine Barberi was concerned about the environmental risks and storm water.
Dennis Murphy stated they will meet with adjacent property owners to address any questions or concerns.
After City Commission comments, Dennis Murphy stepped up again to speak of the photographs presented.
City Engineer, Jack Andrews, was sworn in and spoke of the impact of changing the zoning designation.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 d.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
ORDINANCE NO. 18-012 - AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE 2605, 2607, & 2609 ROLYAT STREET 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, 2018; 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.
Brandon Creagan, Planning Analyst, indicated the total of all three parcels equates to approximately 0.73 acres. All three parcels are within St. Lucie County’s jurisdiction and, if this annexation is approved, all three sites will be given a zoning designation of C-3, General Commercial and a Future Land Use of GC, General Commercial. As proposed, the annexation meets the above standards of the City’s Comprehensive Plan, specifically Policy Section 1.11 regarding annexations. Planning Staff recommends that the City Commission approve Ordinance 18-012 for the proposed annexation along with designating the zoning as C-3, General Commercial and designating the Future Land Use as GC, General Commercial.
Mayor Hudson opened the Public Hearing.
Emily O’Mahoney presented herself to answer any questions.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 e.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
RESOLUTION NO. 18-R21 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING OR STRUCTURE LOCATED AT 1700 N 16TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED IN ACCORDANCE WITH THE CHARTER OF THE CITY OF FORT PIERCE; AND THAT A PUBLIC HEARING BE HELD AT THE REGULARLY SCHEDULED CITY COMMISSION MEETING ON JUNE 4, 2018 AT 6:30 PM, IN THE CITY COMMISSION CHAMBERS LOCATED AT 100 N US HWY 1, FORT PIERCE, FLORIDA; AND PROVIDING FOR NOTICE TO ALL PARTIES OF INTEREST.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 13 a.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
RESOLUTION NO. 18-R22 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AUTHORIZING THE EXECUTION OF A DEED IN FAVOR OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION A PARCEL OF LAND FOR TRANSPORTATION PURPOSES AND IMPROVEMENTS TO STATE ROAD NO. 5 (US 1) AT STATE ROUTE 70 (VIRGINIA AVENUE) AND AUTHORIZING THE MAYOR, CITY CLERK, AND CITY ATTORNEY TO EXECUTE SAID AGREEMENT ON THE PART OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
City Engineer, Jack Andrews, stated this is a small piece of property the city maintains at the intersection of US 1 and Virginia Avenue. It was the consensus that the city would transfer this parcel to DOT for construction of a right turn lane. This is the formal request of what was already discussed during a Conference Agenda Meeting a few months ago.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 13 b.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
Dr. Ron & Kip Lyman
Nancy Archer
Sandi Hellstrom Leonard
Sherry Strong
James Messer, City Attorney, indicated Caroline Valentin, Assistant City Attorney, will be making a formal presentation at the Florida League of Cities Annual Conference.
Commissioner Sessions spoke of the highlights of the TCERDA Workshop he attended and was proud to learn our local Farmer’s Market is listed as number one in the state of Florida and number three in the Nation. Regarding the Sunrise Theatre, he mentioned the City of Fort Pierce has made a great sacrifice in spending so much money on the theatre when our streets are dilapidated. He urged the public to be part of the solutions to keep the Sunrise Theatre up and running. Additionally, Commissioner Sessions requested he be given an update of the Police Advisory Board.
Commissioner Johnson spoke about flooding at 25th Street & Bell Avenue and his concerns. There will be a Treasure Coast Council of Local Governments meeting in July, as well as, a great networking opportunity for the City Commission to meet other people from other agencies in the form of a BBQ in Okeechobee on July 18th. He congratulated Main Street of Fort Pierce on their 30th Year Anniversary. There have been some issues with South 29th Street. The Hope Planning Board is running smoothly.
Mayor Hudson mentioned the TIFF funds were used for the Sunrise Theatre and now that those funds are exhausted the theatre is using local funds which was never the intention. The funds TIFF is now generating are to pay off debt. On May 17th at St. Bernadette’s Church there will be an appreciation event put on for Law Enforcement. There will be another on May 20th at St. Paul African Methodist Episcopal Church.
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CITY CLERK
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MAYOR COMMISSIONER
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