This Final Action Agenda/Minutes is supplemented by electronic recordings of the meeting, which may be reviewed upon request to the Village Clerk. Village Council meetings from June 8, 2016 forward can be viewed online at htp:lestero-l-govlcounci/watch-meetings-on'ine. Staff reports, resolutions, ordinances, and other documents related to this meeting are available at https:llestero-  fl.govlagendas at the corresponding agenda date.  ADOPTED BY COUNCIL JANUARY 6, 2019  FINAL ACTION AGENDAMINUTES VILLAGE COUNCIL MEETING Village of Estero Council Chambers 9401 Corkscrew Palms Circle Estero, FL: 33928 October 17,2018 9:30 a.m.  1.  OPENING EXERCISES: (Includes call to order, roll call, pledge ofa allegiance, announcements, Call to Order: 9:30a.m. (Meeting called to order followed by a break until 9:44 a.m.  proclamations, and ceremonial presentations)  due to technical issues with the audio/video system) Pledge of Allegiance: Led by Mayor Boesch.  Invocation: Rabbi Greenberg from Chabad of Bonita Springs & Estero.  Roll Call: Present: Mayor Jim Boesch - District 5, Vice Mayor Bill Ribble - District 1, Councilmember Howard Levitan - District 2, Councilmember Jon McLain - District: 3, Councilmember Katy Errington -] District 4, Councimember Nick Batos - District 6, and Also present: Village Manager Steve Sarkozy, Village Attorney Burt Saunders, Assistant to Village Manager Kyle Coleman, Public Works Director David Willems, Finance Director Lisa Roberson, Community Development Director Mary Gibbs, and Village  Councilmember Jim Wilson District 7.  Clerk Kathy Hall.  2.  APPROVAL OF AGENDA, ADDITIONS, AND DELETIONS:  Motion: Move toj postpone Agenda Item 5 (a) Resolution No. 2018-18until the October  24, 2018 Zoning Hearing agenda. Motion by: Councimember Levitan Seconded by: Vice Mayor Ribble  Questions or Comments: Councilmember Levitan referred to the Purchase and Sale Agreement with respect to. Agenda Item 5 (a), a copy of which was provided with the Council desk packet. Due toj just receiving the updated copy, he suggested that discussion bej postponed until next week during the Zoning Hearing agenda, to provide an  Village Councill Meeting Final Action Agenda/Minutes- - October 17,2018  Page 1 of10    opportunity for public review. Discussion ensued regarding the effect, ifany, on the Action: Postponed Agenda Item 5 (a) Resolution No. 2018-18 until the October  transaction closing date.  24,2018. Zoning Hearing agenda.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  Motion: Move to approve the agenda as amended. Motion by: Councilmember Levitan Seconded by: Councilmember McLain Action: Approved the agenda as amended. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  3.  PUBLIC COMMENT ON NON-AGENDA ITEMS:  Barbara Saxton, representing Friends ofRiver Oaks Preserve, provided an update on the  River Oaks Preserve property. CONSENT AGENDA: (a) Lien Reduction Request  4.  Councilmember Levitan requested that the Lien Reduction Request bej pulled from the Village Manager Sarkozy provided an explanation regarding the lien process and noted that there were similar liens in the Village. Community Development Director Gibbs provided a detailed explanation regarding the lien on the property, noted that the property owner corrected the violation upon becoming aware oft the violation, and the Special Magistrate recommended going forward with the lien reduction request. Questions or Comments: Councilmembers Batos, Levitan, Errington and Mayor Boesch. Discussion included an understanding of the concept; the amount oft the fine; the notice/certified mail procedure; and an inquiryregarding what would happen ift the lien Motion: Move to approve the lien reduction; thel lien would be removed subject to the  Consent Agenda.  reduction was approved and was never paid.  property owner paying the prosecution costs in the amount of $306, plus any  additional hard costs to release the lien. Seconded by: Councilmember Errington  Motion by:  Councilmember Wilson  Village Council Meeting Final Action. Agenda/Minutes: October 17, 2018  Page 2 of10    Questions or Comments: Concern was raised regarding setting aj precedent. Village Attorney Saunders addressed options available to the Council and suggested continuing Councilmember Wilson withdrew the motion and Councilmember Errington concurred. Motion: Move to continue the agenda item until the property owner is available to be  the agenda item.  present or represented at a Council meeting. Motion by: Councilmember McLain Seconded by: Councilmember Levitan  Action: Continued the agenda item until the property owner is available tol be  present or represented at a Council meeting.  Vote: Nay: Abstentions: ACTION ITEMS:  Aye: Unanimous (Roll Call vote)  5.  (a) Resolution No. 2018-18 A Resolution oft the Village Council oft the Village of Estero, Florida, Authorizing the Purchase of 62.05t Acres Adjacent to the Estero River; Determining that it is in the Best Interest and Welfare oft the Village and its Residents; and Providing an Effective Date (Exhibit A: Purchase and Sale  Agreement with' The Trust for Public Land)  This agenda item was postponed until the October 24, 2018. Zoning Hearing agenda.  6.  FIRST READING OF ORDINANCES: (a) Miromar Outlet Hotel  (1) Zoning Ordinance No. 2018-24. An Ordinance oft the Village Council of the Village of Estero, Florida, Approving with Conditions a Zoning Amendment with Deviations to Permit a Proposed 135-Room Hotel for Property Located in the Miromar Outlet Mall Parking Lot, North of Corkscrew Road in the Village of] Estero, Florida, and Comprising Approximately 2.3. Acres ini the Commercial Planned Development; Providing for Conflicts; Providing for Severability; and Providing an  Effective Date  (2) Resolution No. 2018-17 A Resolution ofthe Village Council ofthe Village of Estero, Adopting a Codified Development Order for the Timberland and Tiburon Development ofl Regional Impact (DRI)(11th Amendment to DRIDO State #7-8384-46); and Providing an Effective  Date  Village Council Meeting Final Action Agenda/Minutes - October 17,2018  Page 3 of10    Mayor Boesch introduced the ordinance and stated that the second reading and public hearing would take place on October 24, 2018, at which time public comments would be permitted. The title of Ordinance No. 2018-24 was read by Village Clerk Hall. Community Development Director Gibbs provided a briefp presentation and addressed key Questions or Comments: Councilmembers Wilson, Levitan, and McLain. Discussion included outdoor garden for alcoholic beverages; regional parking aspect and overflow parking ofthe development and the previous allocation by the County for the arena; how this proposal would work under the transitional Comprehensive Plan and the Village's new Comprehensive Plan; precedents set for height; connectivity and use of parking during arena events; stormwater management and the impact of this structure. Motion: Move to approve first reading of Ordinance No. 2018-24.  points.  Motion by: Councilmember Levitan Seconded by: Councilmember McLain  Action: Approved first reading of Ordinance No. 2018-24.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  (b) Ordinance No. 2018-25 An Ordinance of the Village Council oft the Village of Estero, Florida, Providing for Retail Gas Pump Security Measures; Establishing Security Measure Requirements for Owners and Operators of] Retail Gas Pumps; Providing for Severability, Codification and an Effective Date  Mayor Boesch introduced the ordinance and stated that the second reading and public hearing would take place on November 7, 2018, at which time public comments would be permitted. The title of Ordinance No. 2018-25 wasi read by Village Clerk Hall. Village Attorney Saunders provided an overview of the ordinance and noted a change in Questions or Comments: Councilmembers Errington, Batos, and Mayor Boesch. Discussion included the Village Code Enforcement Officer providing notice to the station  effective date of. January 1,2019.  owners.  Motion: Move to approve first reading ofOrdinance! No. 2018-25.  Motion by: Councilmember Batos Seconded by: Councilmember Wilson  Village Councill Meeting Final Action. Agenda/Minutes: = October 17,2018  Page 4 of10    Action: Approved first reading of Ordinance No. 2018-24.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  7.  SECOND READING OF ORDINANCES:  (a) Ordinances Repealing Inapplicable Lee County-only Regulations  Mayor Boesch provided al briefintroduction and the titleofOrdinance' No. 2018-12 was (1) Ordinance No. 2018-12. An Ordinance oft the Village Council ofthe Village of Estero, Florida, Repealing Personnel Provisions ofthel Lee County Code Previously Adopted by Reference; and Providing an Effectivel Date Village Attorney Saunders provided an explanation oft the ordinance.  read by Village Clerk Hall.  Motion: Move to adopt Ordinance No. 2018-12. Motion by: Councimember McLain Seconded by: Councilmember Batos Action: Adopted Ordinance No. 2018-12. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (2) Ordinance No. 2018-13 An Ordinance ofthe Village Council oft the Village of Estero, Florida, Repealing Purchasing and Finance Provisions ofthe Lee County Code Previously Adopted by) Reference; and Providing an Effective Date The title ofOrdinance No. 2018-13 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation oft the ordinance. Motion: Move to adopt Ordinancel No. 2018-13. Motion by: Councilmember Errington Seconded by: Councilmember McLain Action: Adopted Ordinance No. 2018-13. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  Village Council Meeting Final Action. Agenda/Minutes October 17,2018  Page 5of10    (3) Ordinance No. 2018-14 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Telecommunications Network Ordinance Provisions of the Lee County Code Previously Adopted by Reference; and Providing an  Effective Date  The title ofOrdinance No. 2018-14 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation ofthe ordinance. Motion: Move to adopt Ordinance No. 2018-14. Motion by: Councilmember Wilson Seconded by: Councilmember Batos Action: Adopted Ordinance No. 2018-14. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (4) Ordinance No. 2018-15 An Ordinance ofthe Village Council oft the Village of Estero, Florida, Repealing Airports and Aircraft Provisions ofthe Lee County Code Previously Adopted by Reference; and Providing an Effective Date The title ofOrdinance No. 2018-15 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation ofOrdinance! No. 2018-15. Motion: Move to adopt Ordinance No. 2018-15. Motion by: Councilmember Batos Seconded by: Vicel Mayor Ribble Action: Adopted Ordinance No. 2018-15. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (5) Ordinance No. 2018-16 An Ordinance oft the Village Council oft the Village of Estero, Florida, Repealing Ambulance and Rescue Services Provisions oft the Lee County Code Previously Adopted by Reference; and Providing an Effective Date The title ofOrdinance No. 2018-16 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation oft the ordinance. Motion: Move to adopt Ordinance No. 2018-16. Motion by: Councimember McLain Seconded by: Vice Mayor Ribble  Village Council Meeting Final Action Agenda/Minutes- October 17, 2018  Page 6of10    Action: Adopted Ordinance No. 2018-16. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (6) Ordinance No. 2018-17 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Building and Land Use Regulations Provisions oft the Lee County Code Previously Adopted by) Reference; and Providing an Effective  Date  The title ofOrdinance! No. 2018-17 was read by Village Clerk Hall. Village Attorney Saunders provided an explanation oft the ordinance. Community Development Director Gibbs added supplemental information regarding registering for al building permit.  Motion: Move to adopt Ordinance No. 2018-17. Motion by: Councilmember Errington Seconded by: Vice Mayor Ribble Action: Adopted Ordinance No. 2018-17. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (7) Ordinance No. 2018-18 An Ordinance of the Village Council oft the Village of Estero, Florida, Repealing Courts Provisions ofthe Lee County Codel Previously  Adopted by Reference; and Providing an Effective Date  The title of Ordinance No. 2018-18 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation oft the ordinance. Motion: Move to adopt Ordinance No. 2018-18. Motion by: Councimember Wilson Seconded by: Councimember McLain Action: Adopted Ordinance No. 2018-18. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (8) Ordinance No. 2018-19. An Ordinance oft the Village Council oft the Village of Estero, Florida, Repealing Discrimination Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date The title ofOrdinance No. 2018-19 was read by Village Clerk Hall. Village Attorney  Saunders provided an explanation oft the ordinance. Village Council Meeting Final Action Agenda/Minutes- - October 17,2018  Page 7of10    Motion: Move to adopt Ordinance No. 2018-19. Motion by: Councilmember Errington Seconded by: Councilmember Levitan Action: Adopted Ordinance No. 2018-19. Aye: Unanimous (Roll Call vote)  Vote: Nay: Abstentions:  (9) Ordinance No. 2018-20 An Ordinance of the Village Council ofthe Village of Estero, Florida, Repealing Development District Provisions of the Lee County Code Previously Adopted by Reference; and Providing an Effective Date The title ofOrdinance No. 2018-20 was read by Village Clerk Hall. Village Attorney Saunders provided an explanation oft the ordinance. Discussion followed related to the Village Attorney reaching out to area legal counsels for the various Community  Development Districts.  Motion: Move to continue second reading ofOrdinance No. 2018-20 until November  28,2018.  Motion by: Councilmember Levitan Seconded by: Councilmember Wilson  Action: Continued second reading of Ordinance No. 2018-20 until November  28,2018.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  (10) Ordinance No. 2018-21 An Ordinance ofthe Village Council oft the Village of Estero, Florida, Repealing Drainage and Water Control Provisions ofthel Lee County Code Previously. Adopted by Reference; and  Providing an Effective Date  The title of Ordinance No. 2018-21 wasi read by Village Clerk Hall. Village Attorney Saunders provided an explanation oft the ordinance. Briefdiscussion ensued regarding Motion: Move to continue second reading ofOrdinance No. 2018-21 until November  water shortage.  28, 2018.  Motion by: Councimember Levitan Seconded by: Councimember McLain  Village Council Meeting Final Action Agenda/Minutes- - October 17,2018  Page 8 of10    Action: Continued second reading of Ordinance No. 2018-21 until November  28,2018.  Vote: Nay: Abstentions:  Aye: Unanimous (Roll Call vote)  8. 9.  PUBLIC COMMENT ON NON-AGENDA, ITEMS: None. COUNCIL COMMUNICATIONS/FUTURE AGENDA ITEMS:  Vice Mayor Ribble: 1) Reported that he would be attending tonight's celebration for Dr. Kauanui's1 business school student program at] FGCU. 2). Announced that hel has been appointed to the Federal Action Strike Team in Washington, D.C., for the Florida League Councilmember Levitan: 1)Noted that the Council was receiving emails from an applicant regarding an upcoming zoning hearing. Hei requested that staff contact them. Community Development Director Gibbs responded that shel had already made contact. Councilmember Errington: 1)Addressed her request for a workshop to be scheduled with Lee County Utilities and Bonita Springs Utilities to present water quality  ofCities.  information.  8. 9.  VILLAGE ATTORNEY'S REPORT: None. VILLAGE MANAGER'S REPORT: None.  The meeting went into recess at 10:50 a.m. and reconvened at 11:00 a.m. Adjourn Regular Session and Convene Workshop  10. WORKSHOP ITEMS:  (a) Land Development Code  Craig Richardson, Clarion Associates, provided a Land Development Code. Assessment PowerPoint Presentation addressing: Project Status and Background; Assessment: Laura DeJohn, Johnson Engineering, spoke regarding the organization oft the Land Development Code: related to landscaping and buffers; irrigation standards; tree protection standards; open space set-aside standards; and architecture.  Structure and Themes; and Annotated Outline.  Questions or Comments: Councilmembers Levitan, Batos, Wilson, and Mayor Boesch. Discussion included Council handling policy decisions in workshops; concern regarding understanding the changes made; whether there would be an opportunity to say that Council wanted higher standards; inquiry regarding agriculture district; and emphasizing  the environment, saving energy, and visionary thinking. Village Council Meeting Final Action Agenda/Minutes- October 17,2018  Page 9of10    Community Development Director Gibbs spoke briefly about al brochure prepared by  staff.  (b) Estero Parkway Access Management Plan  Ted' Tryka, Agnoli Barber and Brundage, presented information regarding: US41 showing existing conditions and proposed improvements; Estero Ridge at Walmart; Osprey Cove; Belle Lago; Belle Lago and' The Reserve; The Reserve and Cascades; Rookery Pointe; Tuscany Park and Heatherstone; and Three Oaks Parkway. Councilmember questions and comments ensued. Public Works Director Willems stated that he had a discussion with the manager at Walmart as well as residents from Estero Ridge. He also noted that hel had a conversation with Department ofTransportation representatives and indicated that there should be an upcoming meeting with them.  Ai motion to adjourn was made and duly passed. 11. ADJOURNMENT: 12:31 p.m.  ATTEST:  VILLAGE OF ESTERO, FLORIDA  By: HL Kathy Hall, MMC, Village Clerk  By:  Paya  BBs  Village Council Meeting Final Action Agenda/Minutes: - October 17, 2018  Page 10 of10