City Council

121 SW Port St. Lucie City of Port St.Lucie Blvd. Port St. Lucie, Florida 34984 City Council Meeting Minutes - Final Gregory J. Oravec, Mayor Stephanie Morgan, Councilwoman, District I John Carvelli, Councilman, District II Shannon Martin, Vice Mayor, District III Jolien Caraballo, Councilwoman, District IV Monday, October 28, 2019 6:30 PM Council Chambers, City Hall 1. Meeting Called to Order A Regular Meeting of the CITY COUNCIL of the City of Port St. Lucie was called to order by Mayor Oravec on October 28, 2019, at 6:35 p.m., at Port St. Lucie City Hall, 121 SW Port St. Lucie Boulevard, Port St. Lucie, Florida. 2. Roll Call Mayor Gregory J. Oravec Vice Mayor Shannon Martin Councilwoman Jolien Caraballo Councilman John Carvelli Councilwoman Stephanie Morgan 3. Invocation & Pledge of Allegiance The City Clerk gave the Invocation, and Mayor Oravec led the assembly in the Pledge of Allegiance. 4. Proclamations and Special Presentations Councilwoman Caraballo moved to have a Resolution prepared in the future, honoring Dr. Massey. Councilman Carvelli seconded the motion, which passed unanimously by voice vote. 4.a Proclamation for Disability Employment Awareness Month 2019-980 Mayor Oravec read the Proclamation aloud and presented it to Alyssa Figur, who explained the Student Perks Program to the City Council. 4.b Recognition: City of Port St. Lucie Parks & Recreation 2019-931 Department - 2019 National Recreation & Parks Association Innovation in Health and Best in Innovation Awards. Patricia Roberts, Parks and Recreation Deputy Director, gave a Page 1 of 29 City Council Meeting Minutes - Final October 28, 2019 presentation recognizing the Parks and Recreation Department for winning two awards. She explained the Rock Steady Boxing Program, which was designed for individuals with Parkinson’s Disease. (Clerk’s Note: At this time, a video was shown.) 4.c Port St. Lucie Police Department Reaccredited by the 2019-945 Commission of Florida Law Enforcement Accreditation (C.F.A.) as an Excelsior Agency Chief Bolduc gave the presentation and explained how important it was to be reaccredited as an Excelsior Agency. (Clerk’s Note: At this time, Mayor Oravec presented a plaque to Chief Bolduc.) 4.d Introduction and presentation of the first Neighborhood 2019-952 Improvement & Community Engagement (N.I.C.E.) Community Involvement Awards Alessandra Tasca, Community Programs Administrator, gave the presentation and presented the N.I.C.E. Community Involvement Award to Christ Fellowship, Calvary Port St. Lucie, and the Bridge Effect Foundation, Inc. 5. Public to be Heard Willie Ricks spoke regarding City-wide towing and inquired when it would be on the agenda, to which the City Manager responded that the item would be placed on the November 12th agenda. 6. Additions or Deletions to Agenda and Approval of Agenda Vice Mayor Martin moved to approve the Agenda with Item 10 d) and Item 10 e) removed from the Agenda, at the request of the applicant. Councilman Carvelli seconded the motion, which passed unanimously by voice vote. 7. Approval of Consent Agenda Councilwoman Caraballo moved to approve the Consent Agenda, with Items 7 b) and 7 f) removed, for separate discussion. Vice Mayor Martin seconded the motion, which passed unanimously by voice vote. 7.a September 23, 2019 Special Council and September 23, 2019 2019-951 Regular Council Meeting Minutes 7.b Award Contracts #20190095, 20190106, 20190107, 2019-899 20190119, 20190120 & 20190121 to Construct Affordable Housing on six City-Owned Lots to Black Street Enterprises, Page 2 of 29 City Council Meeting Minutes - Final October 28, 2019 LLC. Mayor Oravec stated that he remembered a conversation regarding going out to bid, but that he wanted to have a discussion on the architecture and floor plans of the homes. Carmen Capezzuto, Neighborhood Services Director, stated that they talked about affordability, as a starter home. He explained that they bid on square footage versus upgrades. Mayor Oravec inquired as to who bid on the project, to which Mr. Capezzuto responded that the bidders were Black Street Enterprises, LLC., and All Saint Construction. Mayor Oravec inquired as to if Habitat for Humanity bid on the project, to which Mr. Capezzuto responded that they did not bid the second time around. Mayor Oravec stated that he would like to have a discussion regarding architecture when future homes were built by the Neighborhood Services Department and he also requested that future similar items be placed under New Business, not on the Consent Agenda. Councilwoman Caraballo moved to approve the Item 7 b). Councilman Carvelli seconded the motion, which passed unanimously by voice vote. 7.c Major Site Plan for Go Team Industrial Park Unit 3, Lot 2 2019-917 (P19-108) 7.d Approve Purchase and Installation of a Public Art Sculpture 2019-926 at the Botanical Gardens (Temporarily) 7.e Approve Shortlisted Firms and Begin Negotiations of RFQu 2019-940 #20190074 for Continuing Geotechnical Services. 7.f Major Site Plan Amendment for Sunlight Community Church 2019-938 (P19-097) Mayor Oravec inquired as to if there was a Queuing Plan available, to which Teresa Lamar-Sarno, Assistant to the City Manager for Land Development Services, responded that traffic circulation was addressed by vehicular counts and parking was allotted, but she was unsure if a Queuing Analysis was submitted. Daniel Robinson, Planner, stated that a Queuing Analysis was submitted, but that it was not part of the packet. Colt Schwerdt, Deputy Director, Public Works, stated that a Queuing Analysis was submitted and approved. He explained that they had a standard Queuing Analysis, a contingency, and licensed crossing guards. Mr. Schwerdt stated that all the stacking, even in their Page 3 of 29 City Council Meeting Minutes - Final October 28, 2019 contingency, would stay on site. Mayor Oravec asked how many cars, to which Jayson Harrison, EDC, responded that the rolling que was 63. Mayor Oravec clarified that the cars would be on private property and not on Cashmere, to which Mr. Schwerdt responded in the affirmative. Councilman Carvelli clarified that there wouldn’t be any intrusion on the roadway, to which Mr. Schwerdt responded in the affirmative. Councilman Carvelli inquired as to the number of students enrolled at build-out, to which Mr. Schwerdt responded the total number enrolled at build-out would be 240 students. Sarah Wilson Hyde, Head of School at Sunlight Christian Academy, stated that they were a preschool, but also went up to 4th grade. She explained that they would only be adding 4 more classrooms and 80 more students. Mayor Oravec inquired as to if they staged in the road, to which Ms. Wilson Hyde responded in the negative and stated that they had a large car loop area, along with staggered pickup times. Councilwoman Morgan stated that she attended the church numerous times, and that she did not see an issue with the traffic backing out onto Cashmere Boulevard. Mayor Oravec requested that Queuing Reports be part of the packet in the future. Vice Mayor Martin moved to approve the Item 7 f). Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. 7.g Site Plan for Discovery Plaza and Hotel (P19-052) 2019-956 7.h Approve Florida Inland Navigation District Project Agreement 2019-964 No. SL-PSL-66 7.i Approve the Annual Expenditure for Contract #9531218 for 2019-962 Crime Laboratory Services at Indian River State College. 7.j Approve Site Plan for Oculus Surgical Inc. (P18-175) 2019-979 8. Second Reading, Public Hearing of Ordinances 8.a Ordinance 19-70, Public Hearing, Approve an Ordinance 2019-957 Amending Section 64.09, Interceptors, of the City’s Code of Ordinances The City Clerk read Ordinance 19-70 aloud by title only. Mayor Oravec opened the Public Hearing. The City Manager stated that the item resulted in the City’s ability to identify when grease traps or interceptors are needed. Mayor Oravec closed the Public Hearing. Page 4 of 29 City Council Meeting Minutes - Final October 28, 2019 Vice Mayor Martin moved to approve Ordinance 19-70. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-70. The motion passed unanimously by roll call vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 8.b Ordinance 19-71, Public Hearing, Authorizing the Execution 2019-958 of an Interlocal Agreement with St. Lucie County for Right-of-Way Improvements Relating to the Widening of Midway Road from Selvitz Road West to Glades Cut-Off Road and Authorizing the Conveyance of Fee Simple Title to Real Property and Authorizing the Conveyance of a Temporary Construction Easement, a Permanent Construction/Maintenance Easement, and a Permanent Drainage Easement to St. Lucie County. The City Clerk read Ordinance 19-71 aloud by title only. Mayor Oravec opened the Public Hearing. The City Manager stated the Ordinance conveyed easements to St. Lucie County and provided temporary drainage, as the County was widening Midway Road. He stated that it was a joint project, as the City was helping the County with the Midway Road Project. Mayor Oravec explained that Midway was the County’s Project and that the City had no direct control over expediting the existing portion of Midway or the construction. Mayor Oravec asked if anyone wanted to speak on Ordinance 19-71, to which there was no response. Mayor Oravec closed the Public Hearing. Councilwoman Morgan moved to approve Ordinance 19-71. Councilman Carvelli seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-71. The motion passed unanimously by roll call vote. 8.c Ordinance 19-72, Public Hearing, Motion to Adopt Ordinance 2019-959 Abandoning a Portion of a Twenty (20) foot Utility and Drainage Easement Affecting Lot 49, Block 1750, Port St. Lucie Section Thirty-One, recorded in Plat Book 14, Page(s) 22, 22A through 22G, of the Public Records of St. Lucie County, Florida. The City Clerk read Ordinance 19-72 aloud by title only. Mayor Oravec opened the Public Hearing and asked if anyone wanted to speak on Page 5 of 29 City Council Meeting Minutes - Final October 28, 2019 Ordinance 19-72, to which there was no response. Mayor Oravec closed the Public Hearing. Councilman Carvelli moved to approve Ordinance 19-72. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-72. The motion passed unanimously by roll call vote. 8.d Ordinance 19-73, Public Hearing, An Ordinance of the City of 2019-960 Port St. Lucie, Florida, Establishing the Salary of the Mayor and Councilmembers; Providing for Repeal of Previous Ordinances; Providing for Conflict; Providing for Severability; Providing an Effective Date. The City Clerk read Ordinance 19-73 aloud by title only. Mayor Oravec opened the Public Hearing and asked for a presentation. Kate Parmelee, Metrics and Strategic Plan Coordinator, stated that according to Article III, Section 3.04 of the City Charter: “The City Council may determine the annual base salary of Councilmembers and the Mayor by ordinance and may further provide for annual automatic adjustments to the base salary so determined. No ordinance increasing the annual base salary shall become effective until the date of commencement of the terms of the Councilmembers elected at the next regular election, at which time the base salary increase shall become effective as to all the Councilmembers and the Mayor, provided that such election follows the adoption of such ordinance by at least six (6) months.” Ms. Parmelee stated that the compensation of the Mayor and City Council varied among all Florida cities. She explained that for comparison purposes, the salaries of the following Top 20 Florida Municipalities by population were provided and include both Council-Strong Mayor and Council-Manager forms of government. Ms. Parmelee stated that the average salary for a Mayor position was $116,721 and the average salary for a Councilmember was $41,166. She explained that municipal salaries were not set by State law. Ms. Parmelee stated that the fiscal impact of the proposed change was approximately $81,755.70. Vice Mayor Martin stated that the number was compared to an Operating Budget of over $100 million. (Clerk’s Note: At this time, Mayor Oravec requested that the previous minutes be entered into the record for Item 8 d.) Page 6 of 29 City Council Meeting Minutes - Final October 28, 2019 Michael Bernard, spoke in favor of Ordinance 19-73. Robert A. Danderson, spoke against Ordinance 19-73. Alice Cribbs, spoke against Ordinance 19-73. Bob Polaklow, spoke in favor of Ordinance 19-73. Debbie Beutel, spoke against Ordinance 19-73. Charlie D’Agata, spoke in favor of Ordinance 19-73. Heidi Harris, spoke against Ordinance 19-73. Darrell Hayes, spoke against Ordinance 19-73. Michael Harrison, spoke against Ordinance 19-73. Janette Copeland, spoke against Ordinance 19-73. Ray Pezzi, spoke in favor of Ordinance 19-73. Linda Baughman, spoke in favor of Ordinance 19-73. Jack Jennings, spoke in favor of Ordinance 19-73. Councilwoman Morgan suggested that the Councilmember’s salary be 60% of the Mayor’s salary to simplify the calculation. Councilman Carvelli stated that he had a job and was planning to donate the salary to a children's organization. Mayor Oravec stated that he liked the idea of the salary being prorated to the population of the County and the City’s placement in the County, to which Vice Mayor Martin agreed. Vice Mayor Martin explained that the Charter made it difficult by making the Council set their salaries. Vice Mayor Martin moved to approve Ordinance 19-73. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-73. The motion passed by roll call vote, with Councilwoman Morgan, Vice Mayor Martin, Mayor Oravec and Councilman Carvelli voting in favor, and Councilwoman Caraballo voting against. Page 7 of 29 City Council Meeting Minutes - Final October 28, 2019 9. Other Public Hearings There was nothing scheduled for this item. 10. First Reading of Ordinances 10.a Ordinance 19-69, Public Hearing, An Ordinance Approving a 2019-937 Comprehensive Plan Text Amendment Regarding Residential Densities in the NCD Future Land Use Sub-categories and Adding Uses to the Regional Business Centers Sub-category (P19-116) The City Clerk read Ordinance 19-69 aloud by title only. Mayor Oravec opened the public hearing. Patti Tobin, Long Range Planning Administrator, gave a brief presentation and stated that the idea was to make all of the acreages the same, instead of having differences. She explained that they would also change net acres to gross acres and that they added the following uses to the Regional Business Center: Industrial Uses; Warehouse/Distribution; and Manufacturing. Ms. Tobin stated that the Planning and Zoning Board unanimously recommended approval of the text amendments to the Comprehensive Plan. Mayor Oravec asked if any member of the public wished to provide testimony. There being no response, he closed the Public Hearing. Vice Mayor Martin moved to approve Ordinance 19-69. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Ordinance 19-69. The motion passed unanimously by roll call vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 10.b Ordinance 19-74, An Ordinance Rezoning 366.124 Acres of 2019-857 Property Located South of the Discovery Way (E/W 1) Right-Of-Way and West of Community Boulevard, from SLC AG-5 (St. Lucie County Agricultural-5)To MPUD (Master Planned Unit Development) for a Project Known as Riverland/Kennedy DRI Parcel C (Project No. P19-110). The City Clerk read Ordinance 19-74 aloud by title only. There being no discussion, Councilwoman Caraballo moved to approve Ordinance 19-74. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. Page 8 of 29 City Council Meeting Minutes - Final October 28, 2019 (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 10.c Ordinance 19-75, An Ordinance of the City of Port St. Lucie, 2019-939 Florida, Amending Sec. 111.64, “Veterans” of Ch. 111, “Business Tax Receipts” to Provide Certain Business Tax Exemptions in Compliance with Section 205.055, Florida Statutes; Providing for Codification; Providing for Conflict; Providing for Severability; Providing an Effective Date. The City Clerk read Ordinance 19-75 aloud by title only. Mayor Oravec inquired as to if the Business Tax employees were informing customers that the City offered Veterans exemptions, to which the City Manager responded that all discounts were applied. Mayor Oravec stated that the exemption was new and asked the City Manager to address the question at the Second Reading. There being no further discussion, Vice Mayor Martin moved to approve Ordinance 19-75. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 10.d REQUESTED REMOVED FROM AGENDA BY THE APPLICANT - 2019-836 WITHDRAWN - Ordinance 19-76, An Ordinance Adopting a Small-scale Comprehensive Plan Amendment for Lennar Homes, LLC and LCS Communications, LLC (P19-147) (Clerk’s Note: Item 10 d) removed from the Agenda, at the request of the applicant.) 10.e REQUESTED REMOVED FROM THE AGENDA BY THE 2019-935 APPLICANT - WITHDRAWN - Ordinance 19-77, Adopt Ordinance Amending Section 158.213 of the Zoning Code to Modify the Provisions for Wireless Communication Antennas and Towers (Clerk’s Note: Item 10 e) removed from the Agenda, at the request of the applicant.) 10.f Ordinance 19-78, An Ordinance Adopting a Small-scale 2019-947 Page 9 of 29 City Council Meeting Minutes - Final October 28, 2019 Comprehensive Plan Amendment for VF II, LLC (P19-103) The City Clerk read Ordinance 19-78 aloud by title only. There being no discussion, Vice Mayor Martin moved to approve Ordinance 19-78. Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 10.g Ordinance 19-79, An Ordinance Providing for the Third 2019-949 Amendment of the St. Lucie Lands Planned Unit Development; Specifically, the Conceptual Development Plan (P19-104) Located on the South Side of Becker Road, Between the Florida’s Turnpike and SE Waterfall Lane. The City Clerk read Ordinance 19-79 aloud by title only. There being no discussion, Councilwoman Morgan moved to approve Ordinance 19-79. Vice Mayor Martin seconded the motion, which passed unanimously by voice vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 10.h Ordinance 19-80, Motion to Adopt Ordinance Authorizing 2019-882 the Lease and Grant of Purchase Option Agreement with Cleveland Clinic Florida for the Florida Center for Bio-Sciences. The City Clerk read Ordinance 19-80 aloud by title only. The City Manager gave a brief presentation on the Lease and Grant of Purchase Option Agreement with Cleveland of Florida for the Florida Center for Bio-Sciences and the history of the transaction. Councilman Carvelli clarified that 100 jobs would be part of the guarantee, along with 125% of the median-wage in St. Lucie County, and that the City would defer $1.5 million per year in operating costs, to which the City Manager responded in the affirmative. Councilwoman Caraballo stated that VGTI was a highly specialized building and that the City was very fortunate to have Cleveland Clinic at the table. She explained that there were additional individuals that came to the table and asked if the individuals produced any verification of finances of any kind, to which the City Manager responded that RAR Investments was not able to make the transaction work, as they Page 10 of 29 City Council Meeting Minutes - Final October 28, 2019 thought they could lease out the space. The City Manager stated that they also had an entity that submitted a late LOI, which was a marijuana researcher, who provided a lot of information, except how they would pay for the building or the operating cost. He explained that Cleveland Clinic agreed to pay the operating cost, and that they had the ability. Robert L. Lord, Jr., President of Cleveland Clinic stated that the center would be a focal point for cancer, neuroscience, infectious diseases, and allergies. He stated that the idea was to get the research from the bench to the bedside. Mr. Lord stated that he had a meeting with 3 remarkable research scientists, who were interested in relocating to the beautiful City of Port Saint Lucie. Mayor Oravec inquired as to if the Cleveland Clinic signage was up yet, to which Mr. Lord responded that he had firm dates on the installation. Pete Tesch, President of the Economic Development Council, stated that he would like to recognize Rob Lord, Dr. Ed Massey, Chris Fogel, Lee Dobbins, Azlina Siegel, and Richard Tambone for their outstanding work. Mayor Oravec asked Mr. Tesch for the economic impact for 200 jobs, to which Mr. Tesch responded that it would be 150 jobs, and the total output would be $44.1 million with a payroll of $13.3 million. Councilwoman Caraballo moved to approve Ordinance 19-80. Councilman Carvelli seconded the motion, which passed unanimously by voice vote. 11. Resolutions 11.a Resolution 19-R92, Quasi-Judicial, Public Hearing, A 2019-927 Resolution Approving a Special Exception Use for a Retail Convenience Store with Fuel Pumps for Publix Super Markets (7-Eleven) @ Verano (P19-098) The City Attorney read the Quasi-Judicial Procedures into the record and stated that they applied to Items 11 a), 11 b), and 11 c). The City Clerk administered the Oath of Testimony to staff and other interested parties and read Resolution 19-R92 aloud by title only. Mayor Oravec opened the Public Hearing and asked if there were any ex-parte communications to disclose, to which Councilman Carvelli responded that he responded to emails with a generic response and that he drove by the site. Councilwoman Morgan stated that she met with the applicant and their attorney. She attended the neighborhood meeting and spoke with numerous residents. Councilwoman Morgan stated that Page 11 of 29 City Council Meeting Minutes - Final October 28, 2019 she also received emails and drove by the site to take pictures. Vice Mayor Martin stated that she drove by the site and received emails, to which she responded to a few of them. Councilwoman Caraballo stated that she met with some residents, the applicant and the representative from 7/11. She received multiple emails, spoke with individuals in the audience and visited the site. Mayor Oravec stated that he did not have any ex parte communications to disclose. John Finizio, Planner stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting to enter into the record and explained that the request was to allow a retail convenience store with fuel pumps in the Verano Planned Unit Development (PUD) Zoning District per Exhibit 6 (1)(B) of the PUD document and Section 158.124 (C)(11) of the Zoning Code. The concept plan includes a one story 3,109 square foot convenience store with 16 fueling stations. He stated that the applicant was Kimley-Horn & Associates and that the property was located on the northeast corner of Crosstown Parkway and Commerce Center Drive. This site currently has a total of two (2) access points; one (1) on Crosstown Parkway, and one (1) on Commerce Centre Drive. As shown on the attached Concept Plan (Exhibit A), the development of the convenience store would provide another access point on Commerce Centre Drive, which will give the site a total of (4) access points and three (3) ingress and egress points. Mr. Finizio stated that the Planning and Zoning Board required that a dedicated U-turn lane be constructed on westbound Crosstown Parkway. Mr. Finizio stated that the minimum required parking for a project this size is 16 parking spaces. The site is providing a total of 34 parking spaces. A bicycle rack is also being provided on the site. Mr. Finizio explained that the proposed Special Exception Use (retail convenience store with fuel pumps) is permitted by the Verano PUD 1 document and is defined by §158.126 (C)(11) General Commercial Zoning District and should conform to all provisions of the City’s Land Development Regulations. Mr. Finizio stated that the project was reviewed for compliance with the Verano Development of Regional Impact (DRI) Development Order, to ensure the provision of adequate public facilities and services are available with the development impacts. He stated that staff reviewed the application for concurrency as this project is found to be in compliance. Councilman Carvelli inquired as to if there was a petition, to which Mr. Finizio responded in the affirmative and stated that there were 569 signatures. Page 12 of 29 City Council Meeting Minutes - Final October 28, 2019 Councilwoman Caraballo stated that she would like to change ‘Special Exception Use’ to ‘Conditional Use’, as it sounds like they were providing a favor, which was not the case. She asked the City Attorney to explain the legality of denying or the ability to deny what the City qualified as a Special Exception Use, to which the City Attorney responded that when a property was zoned, the zoning had certain permitted uses that did not require anyone’s permission. He explained that the property owner had the right for other uses, but only upon showing that they met certain conditions. Mayor Oravec stated that traffic, buffering, safety and crime were included in the Special Exception Criteria and asked Mr. Finizio how the traffic concerns were being addressed, to which Mr. Finizio responded that he was not a traffic engineer. Mayor Oravec stated that one of his concerns were the number of trips generated and vehicles crossing three lanes to get to a U-turn at the base of a bridge. He asked how they were going to address traffic concerns, as part of the application, to which Mr. Schwerdt responded that they reviewed the traffic circulation and it met the Code requirements, as far as spacing from intersections for ingress and egress, as well as full median openings, which there was only one existing median opening. Mayor Oravec asked what modeling was completed to understand how many trips would attempt to cross Crosstown Parkway to make a U-turn, to which Mr. Schwerdt responded that the exact number was not provided in the report available. He stated that there was a total of 841 daily trips that would be going into the site. Mayor Oravec stated that he was asking for the actual number based on rational traffic behavior and how many of those trips would utilize the U-turn movement. Mr. Schwerdt explained that they did not have the numbers, and that he would need to ask the applicant’s engineer. Councilman Carvelli inquired as to if Mr. Schwerdt completed a model on the traffic counts for a future development increase, to which Mr. Schwerdt responded in the affirmative, and explained that the modeling was completed in the past. Councilwoman Caraballo inquired as to if the U-turn was staff’s decision or if it was examined after the residents attended the Planning and Zoning meeting, to which Mr. Schwerdt responded that it was a little of both, but mainly resident driven. Vice Mayor Martin stated that the other permitted uses would have a higher trip count. Page 13 of 29 City Council Meeting Minutes - Final October 28, 2019 Mayor Oravec inquired as to if there was a model showing the stacking on southbound movements at Commerce Center Drive and Crosstown Parkway, to which Mr. Schwerdt responded in the negative. Mayor Oravec asked if the stacking would back up into the circle, to which Mr. Schwerdt responded that he could not testify to that. Mayor Oravec inquired how additional buffering and screening would be required to protect and provide compatibility with the joining properties, to which Mr. Finizio responded that the site was over 350 feet away from the nearest residential property and explained that there was a well landscaped berm and water management tract. Mayor Oravec inquired as to if it was Mr. Finizio’s professional opinion that the applicant provided adequate buffering, to which Mr. Finizio responded in the affirmative. Mayor Oravec inquired as to if Mr. Finizio could expound upon staff’s analysis regarding crime and safety, to which Mr. Finizio responded in the negative and stated that the applicant was available to discuss the safety issue. Mayor Oravec stated that there was an analysis completed and he did not feel that the City could rely on the testimony of the applicant, as he wanted the professional analysis of the City. Mr. Finizio explained that the Police Department had a seat on the Site Plan Review Committee and that the Police Department had access to the project. Councilwoman Caraballo stated that the Police Department fulfilled a public record request to examine crime within a ½ mile radius of a gas station. She inquired as to if there was anyone available to present the information, to which the City Manager responded that Chief Bolduc reviewed the report prior to it going out. The City Clerk administered the oath of testimony to Chief Bolduc, who stated that he was out when the request came through, but the Assistant Chief briefed him on the request. Chief Bolduc stated that looking at the analysis the crime was attributed to the businesses within the ½ mile radius, not the gas station. Mayor Oravec inquired as to if Chief Bolduc had any concerns regarding safety on the proposed use, to which Chief Bolduc responded in the negative. Vice Mayor Martin clarified that the residents were properly notified, to which Ms. Lamar-Sarno responded in the affirmative. Brian Seymour, Gunster Law Firm, stated that the criteria for a Special Exception was technically based. Mr. Seymour stated that they met all the criteria and that they would offer expert testimony. He explained the efforts that 7/11 was taking to prevent crime in their locations and stated that crimes were reduced by 70%. Page 14 of 29 City Council Meeting Minutes - Final October 28, 2019 Josh Long, Gunster Law Firm, gave a brief presentation. (Clerk’s Note: At this time, a PowerPoint presentation was shown.) Mr. Long stated that 7/11 embarked on a nation-wide campaign to completely change their business model. Mr. Long stated that the building would coordinate with the adjacent Publix. He stated that they held 2 neighborhood meetings. Mr. Long stated that the commercial tract was designed to accommodate the commercial needs of the area, before any houses were built in Verano. He explained that there were no homes directly adjacent to the proposed site and that there were two major roadways. Mr. Long stated that they were providing an additional right-in and right-out, which would take some burden off the shopping center’s existing exits and distribute the traffic. Mr. Long explained that there was a 50-foot landscape buffer, which included multiple layers of landscaping. He explained that they were installing the U-turn, which was not required, but the issue was brought up during the public review process. Mr. Long explained that they were utilizing four types of buffers for the project. Mayor Oravec asked if the Council had any additional questions for the applicant, to which there was no response. Mayor Oravec explained the public to be heard procedure and asked the residents to provide factual information. Bonnie Pomerantz, 10658 SW Capraia Way, spoke against Resolution 19-R92. Bonnie Nicotra, 9580 SW Nuova Way, spoke against Resolution 19-R92. Joyce Kennedy, 9516 SW Nuova Way, spoke against Resolution 19-R92. Michael Carr, 9521 SW Nuova Way, spoke against Resolution 19-R92. Carolyn Chaplik, 17015 SW Sapri Way, spoke against Resolution 19-R92. John Chaplik, 17015 SW Sapri Way, spoke against Resolution 19-R92. Edward Epstein, 21026 SW Modena Way, spoke against Resolution 19-R92. Page 15 of 29 City Council Meeting Minutes - Final October 28, 2019 Bruce Sakala, 9401 SW Nuova Way, spoke against Resolution 19-R92. Monica Weis, 10366 Visconti Way, spoke against Resolution 19-R92. Joseph Librizzi, 20042 SW Caserta Way, spoke against Resolution 19-R92. Luis Gonzalez, 9581 SW Nuova Way, spoke against Resolution 19-R92. Darrylyn Lombardi, 9533 SW Nuova Way, spoke against Resolution 19-R92. Peter Porten, 10283 SW Visconti Way, spoke against Resolution 19-R92. Rick Dyas, 11147 SW Visconti Way, spoke against Resolution 19-R92. Nelson Sonza, Verano Resident, spoke against Resolution 19-R92. Matt Lofgren, 21936 SW Tivolo, spoke against Resolution 19-R92. Carolyn Schoellnast, 10546 SW Capraia Way, Spoke against Resolution 19-R92 Mayor Oravec inquired as to if staff had any closing comments, to which Ms. Lamar-Sarno responded in the negative. Mr. Seymour stated that there were many concerns, but not facts. He stated that 7/11 had a security plan in place for crime and that there was significant buffering at the site. Mr. Seymour stated that the trucks would not turn into traffic, as the truck movements were safe and designed by a civil engineer. He stated that the environmental regulations were in place and that there was no evidence to support the resident’s concerns on environmental safety. Mr. Seymour stated that the traffic study was seasonally adjusted and that it did accommodate at peak season. Mr. Seymour requested that the Council follow the law and follow the Code of Ordinances by looking at the actual evidence. Mayor Oravec inquired as to if a Turning Study was completed, to which James Taylor, Traffic Engineer responded that the stacking capability on the southbound approach was 14 and explained that 28 Page 16 of 29 City Council Meeting Minutes - Final October 28, 2019 could stack in that the que, at build out. Mayor Oravec inquired as to if they studied the turning radius of the circle, to which Mr. Taylor responded that a Capacity Analysis showed that a dual lane roundabout could take 40,000 cars per day. Mayor Oravec confirmed that Mr. Taylor completed a turning radius study. He asked if everything could get through the roundabout and turn properly, to which Mr. Taylor responded in the negative and stated that they did not anticipate any trucks entering the roundabout. Mr. Taylor explained that the trucks would take the first right in right out on Crosstown Parkway and exit on Commerce Center. Mayor Oravec inquired as to how many tanker trucks there would be per day based on the projected business, to which Mr. Taylor responded that there would be 3 per week. Mayor Oravec asked if someone could factually answer the questions as to whom the circle was dedicated, to which Mr. Schwerdt responded that the roadway was dedicated to the City per the recorded plat. Councilman Carvelli said, “Thank you everyone for staying this late. I know this issue is important to all of you. I hope you realize my stand was to respond to you with an email saying that I would listen to all parties and being a Quasi-Judicial matter, not create any bias towards 7/11 or the residents. In the event there is a legal challenge on this, having been through a number of these over the years, I will go straight to the point. I have a problem . . . .I personally, drove the site on Sunday and two other times, mid-day on Sunday. My problem goes through the criteria. . . . I know we are dealing with hypotheticals and trips counts and models and surveys. The reality is the shape of the site is like a triangle, which is constricted on one side. There is 315 feet or so for the approach off Crosstown and if you take the 650-feet from the intersection, I have a deep concern as traffic increases over the years and the new units are built-out that we won’t have slowdowns coming through there that would allow for crossing three lanes to get to the U-turn. This reminds me of Walton Road and US-1 in the 80’s at the Mobile station and it caused so many accidents. It also reminds me of the Mobile in St. Lucie West, because people get in and out . . . .I am going to take it to the extreme, if there were a hurricane and people need gas, we are going to have severe back-ups. At this point, I am going to cite A, of the requirement of Section 158.260, adequate ingress and egress must be obtained to and from the property with reference to automotive and pedestrian safety and convenience. I am citing ‘A’, as a reason I am not voting for it. I am going to cite ‘K’, to intensive and intrusive upon a new area, as a reason. I am making a judicial statement of my own and I am speaking for myself. I was Page 17 of 29 City Council Meeting Minutes - Final October 28, 2019 looking towards “I”, the hours of operation, but I am citing ‘A’ and ‘K’. Mr. Stokes, I asked you, previously, if I should cite the areas in the Special Exception for the reason, I was voting against it. I will not support it, thank you.” Mayor Oravec said, “Dr. Carvelli, thank you for your comments. I am also going to join you in opposition to this application for the following reasons, it's not the lighting. You can control glare. You could have as much glare form this, as you could from an office building, restaurant, or any other of the permitted uses by right. You really could and that could be taken care of. It was not the architecture, because the proposal had a nice, decent looking building. In fact, the canopy had a standing-seam metal roof, which was very nice. We should have those on Gatlin, and we don’t. They were making a high-quality proposal. For me, what it boils down to is . . . . My concerns are over ‘A’, but also ‘H’, an establishment and operation for the proposed use upon a particular property involved will not impair the health, safety, welfare, convenience to residents and workers in the City. I believe that even though we must apply the facts, I believe that the terms like, ‘Health, Safety, Welfare, or Convenience of Residents and Workers in the City’, has been generously construed. For me, this is important, and it helps overcome any rebuttals of ‘A’. For me, once upon a time, the Publix on Port St. Lucie Boulevard had an opening across a six-lane road, and a Traffic Engineer said it was an acceptable opening, but there were so many bad accidents that the opening was closed. Similarly, if you look at Port St. Lucie Boulevard and Gatlin Boulevard around that grocery store, we have had problems with access management. I really feel like traffic, every two minutes at the base of a bridge, is going to be problematic. My greatest concern is the City of Port St. Lucie with its partners just invested $300 million over more than a decade on a very special road called Crosstown Parkway. There is not commercial along the whole thing, as the job of the parkway was to connect the whole City and connect US-1 to I-95. We should not lose sight of connecting I-95 to Range Line and Range Line to US-1. What makes it special is being a parkway with limited access and being a linear park. Here at the gateway to the City, we have a proposal for a 24/hour convenience use and I don’t think it serves Crosstown well, in fact I think it diminishes it. Based on ‘A’ and ‘H’, and this project’s impact and lack of compatibility with the Crosstown Parkway, I will not be able to support it this evening.” Vice Mayor Martin said, “Unfortunately, I have to disagree. There are Page 18 of 29 City Council Meeting Minutes - Final October 28, 2019 uses by right that can go into the property and have more intensive use. To make decisions on things that are not there yet, when it was cited, ‘Oh, it could be a Circle-K' that could be, but it would have to come before us separately. It has nothing to do with this application here before us, and I can only decide based on the facts and the evidence in front of me right now. The issue regarding traffic, that issue has been solved about the turning lane and again, like I said, there is more intensive use that can go in there by right, which could generate a lot more trips. If we are going to make the entire stretch a linear parkway, which Crosstown is beautiful, we have the component at the opposite end, and there has been no other planning for that, other than what could come through by property rights through our Planning and Zoning. Something is going to go there, regardless, at some point. Something is going to go on all those parcels by property right, at one point, unless this Council decides to do a complete moratorium on any parcels that are down there and say that there is going to be absolutely no development, unless we decide to do some type of overlay. I think we are shooting ourselves in the foot, because if a retail establishment decides to go in there, other than the 7/11, the trips generated are going to be a lot more and there could be more potential traffic issues than what was stated, which isn’t factual. The crime, I can’t make the decision based on fear of what could be. I am not going to make a decision based on the national crime rates of 7/11’s across the country, as every single city, municipality, township, and village is different in their makeup. To decide based on crime that has nothing to do with our City is not factually accurate. In my opinion and based on the facts and evidence I listened to all night and I do respect every single person who has come up, as it is very important to exercise your right to speak. But based on what I must go by in this section of our Code for Special Exceptions, there is no factual-based evidence for me to deny the Special Exception Use.” Mayor Oravec said, “I did not have a prepared statement, as I took all evidence in. I just want to add that I do have concerns regarding the hours of operations, and I would like to add ‘I’ as an area of concern. For me, it is not a matter of the City, if this was put on the Tradition-Gatlin Corridor or on the St. Lucie West Corridor . . . . these are already 24/7 corridors, but Crosstown to me is not, as it has a different character. Its job is to move traffic. I do not want to have midnight, 2 a.m., 4 a.m. uses there on Crosstown Parkway. That is not what I see as the purpose of the road.” Page 19 of 29 City Council Meeting Minutes - Final October 28, 2019 Councilman Carvelli said, “I originally had ‘I’ on hours and operations. I would like to add ‘I’, ‘A’, and ‘K’ for the record.” Mayor Oravec said, “Also, Vice Mayor you brought up Becker Road and future development. For me, if you would like to prepare a proposal that the City look at acquiring this piece for preserve and storm water, as a gateway into the community, as an entry feature, I am all for it. There is more than one way to solve a land use problem, as illustrated with Lake Harvey in St. Lucie West.” Councilwoman Caraballo asked, “If I can ask a clarifying question on that because it’s a PUD and it's not own by the City, are you able to fix that?” Mayor Oravec responded, “No, we would have to make an offer for it.” Councilwoman Caraballo asked, “Are we saying we are willing to do that?” Mayor Oravec responded, “It is not subject to this application.” Vice Mayor Martin said, “That is a whole other discussion.” Councilwoman Morgan said, “This is a tough position to be in. Hearing the facts and how it was presented . . . . I think the biggest thing that gets me when I read that it passed through Planning and Zoning with recommendation. When I hear that Staff has reviewed the application for concurrency and this project is found to be in compliance, it is very difficult for me to go against what is complying with the section of requirements for approval. I have to weigh both sides and what I heard from the residents was not factual. It is an opinion, I get it and I understand. I feel for you. I was at the community meeting and I got the emails. By looking at this and the recommendation that it was found to be in compliance I would be voting for it.” Councilwoman Caraballo said, “There was a statement earlier that I want to clarify and it's important because this is a judicial discussion. More importantly, the statement was made about us being elected officials. I appreciate the Mayor’s comments in regard to the Oath of Office we took. The Oath of Office we took is clear, as we are to abide by the Constitution of the United States, and as well as your Charter. These are your laws. This is your Charter. This is your Legislative Process. It would be completely irresponsible to do anything different than what is in our laws. I cannot favor my own personal beliefs and I am not going to state my own personal beliefs. I have to follow what the laws of the City are and the property rights of all, not just the property of residential individuals, but also the property rights of people who have businesses. I have made a sworn commitment to you, the citizens, that I serve to follow the constitutions and laws. While I see everyone Page 20 of 29 City Council Meeting Minutes - Final October 28, 2019 shaking their heads, because they are unhappy with me, my apologies go out to that sentiment. It was made in regards to whether or not . . . . I believe it was a taxation situation or an ask by Council. I’ll speak for myself, when we ask these things for support, we ask for them to serve you. To provide sidewalks for you and these are things we are doing because we care about our community. We want to see the best and only the best for our community.” (Clerk’s Note: Inaudible conversations ensued.) Councilwoman Caraballo said, “I would appreciate the same respect I give to you when you are speaking. I have lived in the City since I was 11 years old. I have lived in the City for more than 25 years. I love my City. I am raising two children in my City. I have been a lifelong resident and I bleed for this City. To make the assumption that my decision would be based on anything other than that is wrong. I am doing the best . . . . I think we are all doing the best we can with the decisions we have to make up here. First and foremost, I have to make the legal decision. It is not that I don’t love my citizens. It is not that I don’t love my City. It is not that I don’t want to defend your position. I must defend the position of the law and for that, I have to support this. Thank you.” Councilwoman Caraballo moved to approve Resolution 19-R92. Vice Mayor Martin seconded the motion. Mayor Oravec said, “Under discussion, I just find it highly ironic that the City Council has invested a lot of political capital into a limited conflict at Floresta and Crosstown, which I don’t understand. Now, we are going to install a U-turn that will cause almost limitless conflict at Crosstown and Commerce Center. I don’t understand the Council’s approach, but I’m not going to support the application.” Vice Mayor Martin said, “Mayor, when you are talking about the same intersection and the permitted uses by right that can already go in there, if they come forward and they most likely will or would if this doesn’t go through. We are going to have a bigger concern with more potential traffic issues. I cannot decide based on that, I must decide based on the facts that are in front of me. This use is a lot less intensive than what could go in there by right and that is a main issue. Everything else is not factual. The crime issue is not factual. The buffer issue is not factual. When I am weighing the evidence and looking at what could go there verses what is in front of me. . . . this is a less intense use.” Mayor Oravec said, “A convenience use . . . .you’re scattering these trips out and the use out over time, whereas if you had an office you would have two peak times per day. If there were a restaurant it would be busy during a lunch and evening rush. It would Page 21 of 29 City Council Meeting Minutes - Final October 28, 2019 be offset with rush hour. We are looking at the same facts, but we are coming to different conclusions. The idea that a Special Exception is never denied, I would really like the Council to look into that, as Special Exceptions are denied in jurisdictions all the time.” Vice Mayor Martin said, “I never said they were not denied. That never came out of my mouth.” Councilman Carvelli asked, “Mr. Stokes, ultimately, this is still a judgement call individually, because it is a Special Exception. We are not bound by rights and laws. We have a right to make a judgment call and I want to be clear, because we just talked today.” The City Attorney responded, “Absolutely. Individual judgment on whether the criteria was met or not.” Councilman Carvelli stated, “My big concern went right back to the U-turn at Floresta and putting another U-turn on Crosstown where people have to cross multiple lanes in a very short distance. I am going to be proudly not voting for this item. I can tell you that when this is built-out and we see semi-trucks trying to cross into the lane and we see trucks making a U-turn on a narrow turn . . . .I went there yesterday and looked at it. I went up the street and made the U-turn and went back down the street. I am not bound to vote for this due to any law, as this is a judgement call on my behalf.” Mayor Oravec said, “I do not see how a convenience use at this location is not going to impair the welfare and convenience of the residents.” Councilwoman Caraballo said, “I do not have a problem taking out the U-turn. The U-turn was discussed because the residents wanted the U-turn. If the question is that we do not want the U-turn, then we can request to remove the U-turn.” Mayor Oravec said, “The Council clearly has the ability to impose additional conditions and safeguards, including hours of operation and that was not reflected in the motion. There is clearly a right for that, regardless how you feel, and no one took that one.” Councilwoman Caraballo inquired, “Can we discuss that then?” Mayor Oravec responded, “Sure, there is a motion on the floor.” Councilwoman Caraballo asked, “Can the applicant respond to that in regard to the 24-hour. . . .” Mayor Oravec interjected, “No, we do not have to ask the applicant for permission. Is there any additional discussion on the motion.” Councilwoman Caraballo said, “I am still considering whether we should restrict the hours. Can we call a recess?” Vice Mayor Martin said, “Just call the vote.” Councilwoman Caraballo said, “Or we can call the vote.” Mayor Oravec said, “Call the vote. Madam Clerk, please state the motion and call for a vote.” The City Clerk restated the motion as follows: for approval of Resolution 19-R92. The motion passed by roll call vote, with Page 22 of 29 City Council Meeting Minutes - Final October 28, 2019 Councilwoman Morgan, Vice Mayor Martin, Councilwoman Caraballo voting in favor, and Mayor Oravec and Councilman Carvelli voting against. Vice Mayor Martin moved to continue the meeting past 11:30 p.m. per the Council Rules. Councilwoman Caraballo seconded the motion, which passed unanimously by voice vote. 11.b Resolution 19-R93, Quasi-Judicial, Public Hearing, A 2019-669 Resolution Approving a Special Exception Use for a Wireless Communications Tower for CGI St. Lucie, LLC (P19-030) The City Clerk read Resolution 19-R93 aloud by title only. Mayor Oravec opened the Public Hearing and asked if there were any ex-parte communications to disclose, to which Councilwoman Caraballo responded that she spoke with the representative of the applicant. Councilman Carvelli responded that he spoke with Ms. Russell. Councilwoman Morgan responded that she spoke with the representative from RG Towers and a resident. Mayor Oravec asked if there was a presentation. Bridget Keen, Senior Planner stated that she had been sworn in, and that the file was given to the City Clerk’s Office to enter into the record. She stated that the request was to allow a wireless communications tower with a maximum height of 150 feet in the General Use Zoning District (GU). Ms. Keen stated that the request was pursuant to Section 158.060(C)(11) of the Zoning Code, which lists wireless communications antennas and towers as a Special Exception Use in the GU Zoning District. She explained that Section 158.213 (F)(1) of the Zoning Code established a maximum height of 300 feet for a wireless communications tower in GU zoning. Ms. Keen explained that the proposal was to lease 2,000 square feet along the eastern property line of the maintenance facility for the St. Lucie Trail Golf Club. Ms. Keen stated that the Site Plan Review Committee reviewed the Concept Plan on June 26, 2019 and recommended approval with conditions. She stated that the Planning and Zoning Board also reviewed the application for a Special Exception Use on October 1, 2019 and recommended approval with the following conditions: The maximum height of the wireless communications tower shall be 150 feet; Any obsolete or unused tower shall be removed after twelve (12) months of non-use; A removal bond or irrevocable letter of credit equal to Fifteen thousand dollars ($15,000.00) shall be required prior to Page 23 of 29 City Council Meeting Minutes - Final October 28, 2019 obtaining final site development permits; A revised Landscape Plan shall be provided to restore the perimeter landscaping for the maintenance facility; A twenty (20) foot wide stabilized gravel driveway shall be provided from SW Utility Drive to the paved entrance into the maintenance facility as depicted on the concept plan. Holly Valdez, Vice President of Operations and Leasing for RG Towers, gave a brief presentation and explained that they were proposing additional landscaping. She explained the need for cellular service in the area and that the closet tower was located at the post office on Peacock Boulevard. Mayor Oravec inquired as to why the wires were external and not inside the monopole, to which Ms. Valdez responded that there was limited space inside the pole. Gary Monaghan, spoke against Resolution 19-R93. Mary Ann Russell, spoke against Resolution 19-R93. Randy DeFrehn, spoke against Resolution 19-R93. Councilwoman Caraballo stated that there could be potential issues, as far as the aesthetics, of the monopole. She asked what could be done to improve the aesthetics for the community, to which Mr. Richards responded that there were multiple types of towers, but the stealth towers were not adjustable. He stated that they were allowed 300 feet, but decided to reduce the height to 150 feet. Mayor Oravec stated that the tower wasn’t compatible with the Special Exception Criteria and addressed Items ‘D’, ‘J’, and ‘K’, to which Vice Mayor Martin and Councilman Carvelli agreed. Vice Mayor Martin moved to deny Resolution 19-R93. Councilman Carvelli seconded the motion. The City Clerk restated the motion as follows: for denial of Resolution 19-R93. The motion passed unanimously by roll call vote. 11.c Resolution 19-R97, Quasi-Judicial, Public Hearing, A 2019-970 Resolution to Grant a Landscape Modification for Sunlight Community Church (P19-150) The City Clerk read Resolution 19-R97 aloud by title only. Mayor Oravec opened the Public Hearing and asked if there were any ex-parte communications to disclose, to which Councilwoman Morgan Page 24 of 29 City Council Meeting Minutes - Final October 28, 2019 responded that she spoke with Pastor Scott and Pastor Jayson. Councilman Carvelli stated that he received emails and that he had casual conversations. Councilwoman Caraballo responded that she received emails, which was part of the record. Mayor Oravec asked if there was a presentation. Daniel Robinson, Planner stated that he had been sworn in, and that the file was given to the City Clerk’s Office to enter into the record. He stated that the request was to be exempt from the requirement of an architectural wall in the landscape buffer strips along the sides (north, northeast and south) of the property per Section 154.03(c) of the City of Port St. Lucie Landscape and Land Clearing Code. Mr. Robinson stated that the property was granted a Landscape Modification to substitute landscaping for an architectural wall along the rear (east) property line abutting the Medium Density Residential (RM) land use by City Council on November 26, 2012. The side property lines (north, northeast and south) also abut RM land use and Open Space Conservation (OSC) land use and are required to include a landscape buffer and architectural wall. These property lines were not included in the 2012 application. Mr. Robinson stated that there was currently twenty-one 25-foot oak trees on the north and northeast property line and are lined with a full cocoplum hedge. He stated that the section of the northeast property line, without the oak trees, had a 10-foot buffer that included cocoplum hedging and cabbage palms. Mr. Robinson stated that the southern property line consisted of a thick landscape buffer comprised of eight 10-foot thick cocoplum hedging and fourteen 16-foot oaks typically 20-foot on center. Mr. Robinson stated that the Planning and Zoning Department staff found the request to be consistent with the direction and intent of the City’s Land Development Regulations and policies of the Comprehensive Plan and recommended approval. Mayor Oravec inquired as to where the existing wall was located, to which Mr. Robinson responded that there was no existing wall. Mayor Oravec inquired as to where the new K-5 portion would be located, to which Mr. Robinson responded that it would be located on the NW corner, next to the existing octagon building. Jayson Harrison, EDC, stated that they thought they handled the current issue in the past and that there was an established buffer. The City Clerk administered the Oath of Testimony to Greg Boggs, Page 25 of 29 City Council Meeting Minutes - Final October 28, 2019 Landscape Architect, who explained what was included in the existing buffer located on the northern edge of the property. Councilwoman Morgan moved to approve Resolution 19-R97. Councilman Carvelli seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R97. The motion passed unanimously by roll call vote. 11.d Resolution 19-R102, Motion to Approve Resolution 2019-946 Authorizing the Acceptance of a Drainage Easement from Tropical Dream Homes, LLC, a Florida Limited Liability Company. The City Clerk read Resolution 19-R102 aloud by title only. Vice Mayor Martin moved to approve Resolution 19-R102. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R102. The motion passed unanimously by roll call vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 11.e Resolution 19-R103, Motion to Approve Resolution 2019-963 Authorizing the Acquisition of Real Property located at 1040 SE Floresta Drive in Port St. Lucie for the Floresta Drive Improvement Project. The City Clerk read Resolution 19-R103 aloud by title only. Mayor Oravec asked the City Manager if there was a presentation, to which the City Manager gave a brief overview of the parcel. Councilwoman Caraballo moved to approve Resolution 19-R103. Vice Mayor Martin seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R103. The motion passed unanimously by roll call vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 11.f Resolution 19-R104, Payoff of Southern Grove Community 2019-953 Development District Assessment Infrastructure Debt for the VGTI Property and Torrey Pines Property. Page 26 of 29 City Council Meeting Minutes - Final October 28, 2019 The City Clerk read Resolution 19-R104 aloud by title only. Dan Harrell, on behalf of the Southern Grove Community Development District, stated that there was infrastructure debt being refinanced and one of the components was a realignment of the assessments. He stated that if the City saw fit to prepay the assessments for VGTI and the Torrey Pine Parcels, it would eliminate future infrastructure debt on the two parcels and it would eliminate a discloser issue, which would arise with the refinancing. Mayor Oravec clarified that they were paying off debt on City-owned parcels, to which Mr. Harrell responded in the affirmative. The City Manager stated that Cleveland Clinic would reimburse the City for the CDD payout, as well as proposing the same provision to Florida International University as they acquire the Torrey Pines building. Councilwoman Caraballo moved to approve Resolution 19-R104. Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Resolution 19-R104. The motion passed unanimously by roll call vote. 12. Unfinished Business There was nothing scheduled for this item. 13. New Business 13.a Minor Site Plan Amendment for 7-Eleven at Verano 2019-933 (P19-099) Mr. Finizio stated that the Site Plan Amendment was being reviewed concurrently with the Special Exception Use, which was previously heard. He requested to enter the presentation for P19-98 into the record. Councilwoman Caraballo moved to approve Item 13 a). Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Item 13 a). The motion passed unanimously by roll call vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 13.b Speed Limit Along Morningside Blvd. 2019-966 There being no discussion, Councilwoman Caraballo moved to approve Item 13 b). Councilwoman Morgan seconded the motion. The City Page 27 of 29 City Council Meeting Minutes - Final October 28, 2019 Clerk restated the motion as follows: for approval of Item 13 b). The motion passed unanimously by voice vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 13.c Award Contract #20190087 for Fleet Vehicle / Equipment 2019-852 Maintenance and Management Services to First Vehicle Services, Inc. Roger Jacob, Facilities Director stated that the Budget Advisory Committee was tasked to review the Fleet Services Contract and that the current contract was extended to November, to allow time to negotiate. He stated that the Budget Advisory Committee helped with the selection and hiring of the Fleet Manager for the City, which was accomplished in July 2019. Mr. Jacob stated that some changes included updated inventory, revised language for preventative maintenance, vehicle prep work and outfitting, and maintaining the software system. He stated that they held a proposal conference, which 5 vendors attended, and 3 vendors submitted proposals. Mr. Jacob recommended awarding the contract to First Vehicle Services, as they were the highest ranked proposer and they were the current vendor. Vice Mayor Martin inquired as to if First Vehicle Services had more employees, and stated that in the past, they had vehicles sitting for a long period of time, to which Mr. Jacob responded in the affirmative and stated that they were adding 100 more employees, which was listed in the proposal. He explained that they changed the language in the contract stating that they had to outfit 5 vehicles within a week. Vice Mayor Martin inquired as to if the Fleet Manager would be tracking the time, to which Mr. Jacob responded in the affirmative. Vice Mayor Martin asked if an update could be provided at the retreat, to which Mr. Jacob responded in the affirmative. Mayor Oravec inquired as to if the proposed contract was more or less than the current contract, to which Mr. Jacob responded that the proposed contract was less, which was tailored to the City’s needs. Vice Mayor Martin moved to approve Item 13 c). Councilwoman Morgan seconded the motion. The City Clerk restated the motion as follows: for approval of Item 13 c). The motion passed unanimously by voice vote. Page 28 of 29 City Council Meeting Minutes - Final October 28, 2019 (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 13.d Site Plan Amendment for CGI St. Lucie Tower (P19-031) 2019-932 Vice Mayor Martin moved to strike Item 13 d). Councilwoman Morgan seconded the motion, which passed unanimously by voice vote. (Clerk’s Note: Councilman Carvelli was not present for the vote, as he left at 1:15 a.m.) 14. City Manager's Report 15. Councilmembers Report on Committee Assignments 16. Public to be Heard - (if necessary as determined by City Council at conclusion of public to be heard) 17. Adjourn There being no further business, the meeting was adjourned at 1:40 a.m. ______________________ _______________________ Karen A. Phillips, City Clerk Calleigh N. Myers, Deputy City Clerk Page 29 of 29