Reg Buxton (left 5:02 p.m.) Doug Finlay Michelle McLeod Sam Saad III Ellen Seigel

Colin Fyke John Noman Michael Harper Matthew Kragh John Passidomo Christian Andrea Wynn Phillips Barbara Walker Alan Ryker John Browning Steve Hilfiker Steve Thompson Media:

John Sorey Tara Norman Burt Saunders Lise Sundrla Kevin Woods Jim Boula Charles Thomas Willie Anthony Curtis Williams Kim Norberg James Bailey Elaine Reed

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GuLF ipz1

Book 124. Page

City Council Chamber 735 Eighth Street South

Naples, Florida 34102

City Council Regular Meeting — June 15, 2016— 8:30 a.m.

• 1. ROLL CALL Present: Bill Barnett, Mayor Linda Penniman, Vice Mayor (left 5:01 p.m.)

Also Present: William Moss, City Manager Robert Pritt, City Attorney Vicki Smith, Deputy City Clerk Roger Jacobsen, Code & Harbor Manager Roger Reinke, Assistant City Manager Gregg Strakaluse, Streets & Stormwater Director Michael Leslie, Community Svcs. Deputy Director Robin Singer, Planning Director Alison Bickett, Traffic Engineer Margaret Perry, Planner Joan Tobin Vin DePasquale John English Michael Fernandez Harry Zea Norman Trebilcock Alberto Varetto Fernando Zabala Sue Cartolano Joseph Cranney, Naples Daily News It is noted for the record that all documentation electronically appended hereto is also contained in the file for this meeting in the City Clerk's Office. It is also noted that all experts who testified during quasi-judicial hearings were accepted as qualified to do so in their respective fields of expertise.

2. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Michael Harper, Naples Community Hospital. 3. ANNOUNCEMENT: Proclamation recognizing Vin DePasquale and 40 years of the

Great Dock Canoe Race Mayor Barnett read and presented the proclamation. 4. SET AGENDA (add or remove items)

MOTION by Penniman to SET THE AGENDA adding Item 18 (ethics discussion) and Item 19 (discussion of City-owned property south of proposed 7-Eleven); seconded by Buxton and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

Book 124. Page City Council Regular Meeting — June 15, 2016 8:30 am

5. Public Comment John Browning urged enforcement of traffic laws with citations issued to bicyclists similar to that of vehicular violations. Tara Norman expressed her concern with the City's unfunded pension liability, reading into the record her statement reflected below.

T. Norman Submittal (Handout - Added Attachment) CONSENT AGENDA

MOTION by Buxton to APPROVE CONSENT AGENDA as submitted; seconded by Penniman and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

6-a. Approval of the May 16, 2016 Workshop and May 18, 2016 Regular meeting minutes

Agenda Memorandum 5/16/16 Workshop 5/18/16 Regular

6-b. Approval of Special Events:

1. 6th Annual Halloween Spooktacular - Fifth Avenue South Business Improvement District (FASBID) - 5th Avenue South and a portion of all side streets from the alleyway to 5th Avenue South (north and south sides) and Sugden Plaza - 10/31/16

2. Evening on Fifth & Sidewalk Sale - Fifth Avenue South Business Improvement District (FASBID) - 5th Avenue South sidewalks and Park Street - 11/10/16

3. Fifth Avenue South Business Improvement District (FASBID) Holiday Decorations - FASBID - 5th Avenue South and Sugden Plaza - 11/15/16 through 1/15/17

4. Grape Escape Food, Wine and Craft Beer Festival - Fifth Avenue South Business Improvement District (FASBID) and the Rotary Club of Naples - 5th Avenue South, a portion of all side streets from the alleyway to 5th Avenue South (north and south sides) and Sugden Plaza - 11/19/16

5. 42nd Annual Christmas Walk and Tree Lighting - Fifth Avenue South Business Improvement District (FASBID) - 5th Avenue South, a portion of all side streets from the alleyway to 5th Avenue South (north and south sides) and Sugden Plaza - 12/01/16

6. Tuba Christmas - Fifth Avenue South Business Improvement District (FASBID) - Sugden Plaza - 12/15/16

7. Gulf Coast Big Band Concerts - Gulf Coast Big Band - Cambier Park Bandshell - 11/06/16, 12/11/16, 01/22/17, 02/26/17, 03/19/17 and 04/09/17

Agenda Memorandum ,-t----- END OF CONSENT AGENDA

7. RESOLUTION 16-13815 - A RESOLUTION DETERMINING CONDITIONAL USE PETITION 16-CU5, PURSUANT TO SECTION 58-904(20) OF THE CODE OF ORDINANCES, CITY OF NAPLES, TO ALLOW STORAGE, CLEANING AND MAINTENANCE OF RENTAL VEHICLES IN A FULLY ENCLOSED FACILITY WITH VEHICLE ACCESS FACING AWAY FROM ADJACENT RESIDENTIAL AREAS IN THE D-DOWNTOWN DISTRICT, FOR PROPERTY OWNED BY MARKIT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LOCATED AT 944 7TH AVENUE NORTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

2 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

City Council Regular Meeting - June 15, 2016- 8:30 a.m. Book 124. Page

Title read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made ex parte disclosures to the effect that all had visited the site and received email; and McLeod/no contact; Finlay, Barnett and Penniman/spoke with the petitioner's agent; Seigel and Buxton/were members of the Planning Advisory Board (PAB) when this conditional use was previously considered (both voted for approval); and Saad/spoke with the petitioner's agent and project architect. Attorney John Passidomo, agent for the petitioner, utilized an electronic presentation to review the request, explaining that it involves the demolition of the existing structure and the construction of two new buildings. A restaurant with outdoor dining is planned for one while the other is intended to house a vehicular rental facility with indoor storage and an office; all storage, cleaning and maintenance of the rental vehicles is to occur within this building, he added. Project Architect Matthew Kragh continued the presentation providing details of the two structures and Landscape Architect Christian Andrea reviewed the landscaping for the site. Planner Margaret Perry then presented the staff report, noting that approval had been recommended. Owner of the vehicular rental business Kevin Woods (sworn separately) confirmed knowledge of code enforcement issues with the prior operator of that business and assured Council that he would indeed follow regulations.

Discussion followed regarding concern relative to the adjacent residential property to the east of the subject site and the motion below was proffered in response; Mr. Passidomo indicated the petitioner's agreement with the amendments. Public Comment: None.

MOTION by Saad to APPROVE RESOLUTION 16-13815 amended as follows; Section 2-1: "A 6-foot wall shall be constructed beginning at the southeast corner of the vehicle building, south to the end of the adjacent parking space."; 2-2: "The petitioner shall increase the size of the Clusea to be planted along the eastern side of the property from 7.5 gallons to 10 gallons."; and 2-3: "The Landscape Plan dated March 28, 2016, updated to reflect increased size of clusea hedge plants, is hereby accepted." This motion was seconded by Buxton and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

Agenda Memorandum, Resolution- Staff Report , Code Enforcement Memo , -- Application, Plans-

AeriaI PAB Minutes , DRB Minutes Public Notice Mailing Labels , — Resumes , C. Andrea Resume (Handout - Added Attachment) M Kraqh PowerPoint (Handout - Added Attachment) Passidomo PowerPoint (Handout - Added Attachment) It is noted for the record that Items 8-a and 8-b were read and considered concurrently.

8-a. RESOLUTION 16-13816 - A RESOLUTION DETERMINING CONDITIONAL USE PETITION 16-CU6, PURSUANT TO SECTION 58-623(8) OF THE CODE OF ORDINANCES, CITY OF NAPLES, TO ALLOW ON-SITE LAUNDRY AND DRY CLEANING SERVICES ON PROPERTY IN THE C2-A WATERFRONT COMMERCIAL DISTRICT, FOR PROPERTY OWNED BY EEP-WRS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LOCATED AT 1074 5TH AVENUE SOUTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

8-b. RESOLUTION 16-13817 - A RESOLUTION DETERMINING NONCONFORMITY PETITION 16-N3 FOR THE CHANGE AND EXPANSION OF A NONCONFORMITY TO ALLOW FOR THE RENOVATION OF AN EXISTING STRUCTURE DAMAGED BY FIRE THAT IS NONCONFORMING AS TO SETBACKS, COVERAGE AND PARKING FOR PROPERTY OWNED BY EEP-WRS, LLC, A FLORIDA LIMITED LIABILITY

3 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page City Council Regular Meeting - June 15 2016 -8:30 am

COMPANY AND LOCATED IN THE C-2A WATERFRONT COMMERCIAL DISTRICT AT 1074 5TH AVENUE SOUTH; AND PROVIDING AN EFFECTIVE DATE.

Titles read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony: all responded in the affirmative. City Council Members then made the following ex parte disclosures: Saad, Barnett, Penniman and McLeod/visited the site but no contact; Finlay/visited the site and spoke with the petitioner's agent: Seigel/visited the site but no contact; Buxton/visited the site and spoke with the petitioner's agent; and both Seigel and Buxton were members of the Planning Advisory Board (PAB) when safety of dry cleaning establishments had been considered. Attorney John Passidomo, agent for the petitioner, utilized an electronic presentation to review the requests, explaining that the existing structure, which had recently been damaged by fire, is to be mostly demolished although the structural columns of the eastern wall of the building are to remain for aesthetic purposes. The building will house a dry cleaning establishment and provide additional commercial space for rental. Consultant Steve Hilfiker then reviewed his environmental risk analysis of the dry cleaning process, Architect Matthew Kragh reviewed the structural details and Landscape Architect Christian Andrea detailed the landscaping plan. In response to Council Member McLeod, Mr. Kragh indicated that the Tide signage can be made smaller on the north facade and eliminated entirely on the west facade; signage must undergo review by the Design Review Board (DRB) also, he added.

Planning Director Robin Singer presented the staff report noting that no drive thru access to the dry cleaner is planned. She also stated that the proposed parking, although limited, had been supported by staff as pedestrian traffic is anticipated with the upcoming redevelopment of the area surrounding the site. Council Member Saad expressed concern that employees would utilize the site's parking spaces and condition 1 under Section 2 of the resolution was amended to reflect that the petitioner would provide an operational policy to show where employees will be parking prior to the issuance of a building permit; the petitioner agreed. Public Comment: Colin Fyke (sworn separately), owner of Jerry's Cleaners, received confirmation from Ms. Singer that his establishment, located at 842 6 th Avenue South, does in fact lie within a different zoning district than the subject site and therefore the single service district language contained within the conditional use application (see page 6, (10) of application below) is not applicable with regard to his location.

The motions below was then proffered. MOTION by Saad to APPROVE RESOLUTION 16-13816 amended as follows: Section 2-1: "the petitioner ... will be parking prior to issuance of a building permit."; and 2-4: "The Tide sign on the north elevation shall not exceed 45 square feet in size." This motion was seconded by Buxton and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

MOTION by Saad to APPROVE RESOLUTION 16-13817 amended as follows: Section 2-1: "the petitioner ... will be parking prior to issuance of a building permit"; and 2-4: "The Tide sign on the north elevation shall not exceed 45 square feet in size." This motion was seconded by Buxton and unanimously carried, all members present and voting (Buxton-yes, Finlay- yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

— (a) Resolution (b) Resolution _ -

Application -- Staff Report — -

Public Notice Mailing Resumes, -

C. Andrea Resume (Handout - Added Attachment)

J. English Resume (Handout - Added Attachment)

S. Hilfiker Resume (Handout - Added Attachment)

M. Kragh PowerPoint (Handout - Added Attachment)

- - PAB Minutes --

Agenda Memorandum

4 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page City Council Regular Meeting — June 15, 2016— 8:30 a.m.

Passidomo PowerPoint (Handout - Added Attachment) Recess: 10:34 a.m. to 10:48 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened.

9. RESOLUTION 16-13818 - A RESOLUTION DETERMINING CONDITIONAL USE PETITION 16-CU4, PURSUANT TO SECTION 58-293 (3), CONDITIONAL USES, OF THE CODE OF ORDINANCES, CITY OF NAPLES, TO ALLOW A NON- COMMERCIAL PARKING LOT WITH NO METERS OR ON-SITE PARKING FEE COLLECTION IN THE R3-12 MULTIFAMILY DISTRICT, FOR PROPERTY OWNED BY JAMES E. BLACK, TRUSTEE, DEBORAH S. BLACK, TRUSTEE AND A. THOMAS ELLIS, TRUSTEE AND LOCATED AT 537-547 2ND AVENUE SOUTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

Title read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made ex parte disclosures to the effect that all had visited the site but had not had any contact. Architect Michael Fernandez briefly reviewed the petition, explaining that the subject parcel is to be sold to the First Presbyterian Church for parking should the petition be approved. The additional parking is necessary for the church to meet its parking needs as it had previously sold a portion of an existing parking area for redevelopment. Planner Margaret Perry reviewed the staff report, noting that it and the Planning Advisory Board (PAB) had recommended approval. A brief discussion of the area's parking, including the local library lot, followed and the motion below was then proffered. Public Comment: None.

MOTION by Penniman to APPROVE RESOLUTION 16-13818 amended as follows: Section 2: (bullet point) "The landscaping will be rejuvenated and maintained on church." This motion was seconded by Buxton and unanimously carried, all members present and voting (Buxton-yes, Finlay- yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes). ... -

Agenda Memorandum - Resolution- Staff Report --

Application Property Ownership Survey Aerial

Public Notice Mailing Labels , --- Resumes- -- 10. RESOLUTION 16-13819 - A RESOLUTION DETERMINING A FENCE AND WALL

WAIVER REQUEST TO ALLOW THE INSTALLATION OF A FOUR-FOOT HIGH ALUMINUM FENCE IN THE FRONT YARD WHERE CODE PERMITS A THREE-FOOT HIGH FENCE ON PROPERTY OWNED BY COMAX PARTNERS, LP AND LOCATED AT 240 BAY ROAD, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

Title read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made the following ex parte disclosures: Buxton, McLeod and Barnett/familiar with the site but no contact; Saad, Seigel and Finlay/visited the site but no contact; and Penniman/not familiar with the site and no contact. James Bailey, Collier Fence & Wire, agent for the petitioner, indicated that the taller fence is necessary for meeting pool safety requirements which is the petitioner's intent; the proposed fence is to be unclimbable. Planner Margaret Perry agreed, adding that the intent is to keep boaters in the adjacent waterway from accessing the property; staff recommended approval, she added. Public Comment: None.

MOTION by Penniman to APPROVE RESOLUTION 16-13819 as submitted; seconded by Saad and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

- Agenda Memorandum Resolut i on , :-7•-• ' Staff Memorandum ,----= Application.

- Diagrams , Resumes

Site Plan. — - PAB Minutes-

5 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Agenda Memorandum

Application Plans — - --

Public Notice Mailing Labels

Staff Report

PAB Minutes – _ - Resumes

Resolution

Book 124. Page City Council Regular Meeting — June 15, 2016 — 8:30 am

Letter in response to mailing. Public Notice Mailing Labels 11. RESOLUTION 16-13820 - A RESOLUTION DETERMINING A FENCE AND WALL

WAIVER REQUEST TO ALLOW THE INSTALLATION OF A FOUR-FOOT HIGH ALUMINUM FENCE IN THE FRONT YARD WHERE CODE PERMITS A THREE-FOOT HIGH FENCE ON PROPERTY OWNED BY KEEWAYDIN ISLE COMMUNITY ASSOCIATION, INC., AND LOCATED AT 260 BAY ROAD, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

Title read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made the following ex parte disclosures: Buxton, McLeod and Barnett/familiar with the site but no contact; Finlay, Seigel and Saad/visited the site but no contact: and Penniman/no contact. James Bailey, Collier Fence & Wire and agent for the petitioner. explained that the request is similar to that of Item 10 and Planner Margaret Perry noted that the same fence is involved although a different location and property owner; approval had been recommended, she added. Public Comment: None.

MOTION by Saad to APPROVE RESOLUTION 16-13820 as submitted; seconded by Penniman and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

Agenda Memorandum Resolution Staff Memorandum

Application Survey

Diagrams

Public Notice Mailing Labels

Resumes

13. RESOLUTION withdrawn by petitioner) - A RESOLUTION DETERMINING VARIANCE PETITION 16-V5 TO ALLOW FOR A WALL SIGN EXCEEDING THE MAXIMUM SIGN AREA PROVIDED IN SECTION 50-35(c)(1), NEIGHBORHOOD SHOPPING CENTERS AND COMMUNITY SHOPPING CENTERS, OF THE CODE OF ORDINANCES, CITY OF NAPLES, FOR BURLINGTON COAT FACTORY LOCATED WITHIN PARK SHORE PLAZA ON PROPERTY OWNED BY BRIXMOR PARK SHORE SC, LLC, LOCATED AT 4383 9TH STREET NORTH; AND PROVIDING AN EFFECTIVE DATE. WITHDRAWN by petitioner (see June 13 workshop minutes, Item 7).

_ -

11:09 a.m. It is noted for the record that while Item 14, followed by Item 15 (and 16), were called at this time, Mayor Barnett then continued them to later in the meeting to allow time for the petitioner(s) to arrive; these items are reflected in their entirety on Page 7 and 9, respectively. Items 17-a, 17-b and 17-c were then called; they were read and considered concurrently.

17-a. RESOLUTION 16-13825 - A RESOLUTION DETERMINING VACATION PETITION 16- 1070 TO VACATE LOT 22, BLOCK 5, OCEAN VIEW ADDITION, LOCATED ADJACENT TO 3235 GORDON DRIVE MEASURING APPROXIMATELY 3,375 SQUARE FEET IN AREA; AND PROVIDING AN EFFECTIVE DATE.

17-b. RESOLUTION 16-13826 - A RESOLUTION ACCEPTING A UTILITY EASEMENT FOR ACCESS AND MAINTENANCE OF CITY OF NAPLES UTILITIES AND ACCEPTING A BICYCLE AND PATHWAYS EASEMENT ON PROPERTY OWNED BY NAPLES MIRACLE ONE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LOCATED AT 3235 GORDON DRIVE, MORE FULLY DESCRIBED HEREIN; DIRECTING THE CITY CLERK TO RECORD BOTH THE UTILITY EASEMENT AND THE BICYCLE AND PATHWAYS EASEMENT; AND PROVIDING AN EFFECTIVE DATE.

6 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page City Council Regular Meeting - June 15, 2016 - 8:30 a.m.

17-c. RESOLUTION 16-13827 - A RESOLUTION GRANTING A QUIT CLAIM DEED TO NAPLES MIRACLE ONE, LLC, A FLORIDA LIMITED LIABILITY COMPANY FOR PROPERTY LOCATED AT 3235 GORDON DRIVE, MORE FULLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

Titles read by City Attorney Robert Pritt. Streets & Stormwater Director Gregg Strakaluse reviewed the history of the subject vacant lot, noting that the items under consideration are to clear any cloud upon the deed as a pending sale of the property is awaiting the outcome of that day's consideration; this cloud concerns a 1950 City ordinance (247) which addressed a relocation of Gordon Drive and stated its width to be 80' thereby necessitating numerous grants of property by abutting owners. In 1978 the ordinance was amended by removing lot 23 (in Block 5) from the right-of-way of Gordon Drive although a utility easement was granted to the City in return. The subject lot 22, Block 5, immediately north of lot 23, appears to never have been granted to the City although he reiterated that the subject actions would clear title and grant the City the necessary utility easement similar to lot 23. In response to Council Member Saad, he explained that the bicycle and pathways easement is being requested for potential future use should that neighborhood wish to have same installed. Attorney John Passidomo, representing the property owner, utilized an electronic presentation to additionally review the comments of Mr. Strakaluse. Public Comment: None.

MOTION by Finlay to APPROVE RESOLUTION 16-13825 as submitted; seconded by Seigel and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

MOTION by Finlay to APPROVE RESOLUTION 16-13826 as submitted; seconded by Seigel and carried 6-1, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-no, Seigel-yes, Barnett-yes).

MOTION by Finlay to APPROVE RESOLUTION 16-13827 as submitted; seconded by Penniman and unanimously carried, all members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

. -

Agenda Memorandum- (a) Resolution - (b) Resolution

(c) Resolutions Staff Report — Application- —

Utility Easements- -

Bicycle and Pathways Easement --

Petitioner's PowerPoint (Handout - Added Attachment) It is noted for the record that while consideration of Item 14 began prior in the meeting, it is reflected in its entirety below. 14. RESOLUTION 16-13822 - A RESOLUTION DETERMINING AN APPEAL FROM A

DECISION OF THE DESIGN REVIEW BOARD FOR OUTDOOR DINING ON PUBLIC PROPERTY IN CONFORMANCE WITH SECTION 2-477 OF THE CODE OF ORDINANCES, CITY OF NAPLES FOR ALBERTO'S ON FIFTH LOCATED AT 868 5TH AVENUE SOUTH,; AND PROVIDING AN EFFECTIVE DATE.

Title read by City Attorney Robert Pritt. This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made the following ex parte disclosures: Saad, Seigel, Barnett, McLeod and Buxton/visited the site and met with the petitioner and petitioner's agent; Penniman/visited the site and met with the petitioner; and Finlay/visited the site and reviewed the Design Review Board (DRB) January 27, 2016 consideration of the request. Architect Fernando Zabala, agent for the petitioner, began the presentation although upon notice that he is a current member of the DRB, Alberto Varetto, owner of the establishment, completed the

7 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page City Council Regular meetino — June 15 20 1 6 - 830 a.m

review. He explained that the requested sunshade base will not extend into the adjacent landscaping, will not have any advertising on it and drop curtains will not be utilized. Planner Margaret Perry reviewed the staff report noting that upholding of the DRB decision to deny had been recommended. Should Council decide otherwise, she added that the sunshade should not be opened at night and that no outdoor heaters are allowed pursuant to the fire department review. Following a brief discussion, the motion below was proffered. Public Comment: None.

MOTION by Saad to MODIFY DESIGN REVIEW BOARD (DRB) DETERMINATION as follows: Approve Resolution 16-13822, amended as follows: Section 2-5: "The sunshade shall not be affixed; shall not encroach into the landscaping area; shall not have drop curtains attached; and shall not reflect graphics." This motion was seconded by Buxton and carried 6-1, all members present and voting (Finlay-no, Seigel-yes, McLeod-yes, Penniman-yes, Buxton-yes, Saad-yes, Barnett-yes).

- -

Agenda Memorandum • Resolution

DRB Minutes — Resumes --

Petitioner's Exhibit A Handout - Added Attachment Recess: 12:21 p.m. to 1:00 p.m. It is noted for the record that the same Council Members were present when the meeting reconvened.

Application

12. CONSIDERATION OF WAYFINDING SIGNAGE PALETTE TO PROVIDE A CONSISTENT, COMPREHENSIVE, AND COMPLEMENTARY WAYFINDING SIGNAGE SYSTEM TO CONNECT KEY ATTRACTIONS AND DESTINATIONS TO VISITORS, AND TO PROVIDE DIRECTION REGARDING IMPLEMENTATION AND INSTALLATION OF THE WAYFINDING SIGNAGE

Assistant City Manager Roger Reinke introduced the item by reviewing the history of the project and reminding Council that the intent is to aid visitors and seasonal residents in finding and traveling to key attractions and/or districts within the City. Kim Norberg and Susie Cartolano, AECOM consultants, utilized an electronic presentation in presenting the proposed design palette (see presentation below), noting that it represents preferences voiced by residents that had attended the public outreach meetings. These included aluminum or steel, no wood; and stone, but no brick, thereby creating a clean and simple sign system which is reflected in the palette presented. Discussion followed involving alternate routes to destinations, additional destinations such as Baker and Fleischmann Parks and Mr. Reinke noted that with approval of the palette, staff would return to Council with an implementation plan and budget. Public Comment: Elaine Reed, representing the Naples Historical Society, expressed its support of the proposed signage thus far although observing that the Historic District and the Third Street South Shopping District share a common border and this should perhaps be addressed with signage; the Fishing Pier should also have signage. She then requested a printed copy of the presentation regarding the pedestrian signage. Lise Sundrla, representing the Fifth Avenue South Business Improvement District (FASBID), noted its support of the proposal also adding that parking is a destination and should be treated as such, and that the beach access at the end of 5 th Avenue South should be promoted. The FASBID will be providing a recommendation for its sign design and urges that a visitor master plan be developed.

Citing recent case law, City Attorney Robert Pritt cautioned that he is seeking other law applicable to rendering wayfinding signage constitutional under the City's sign ordinance; he will continue to research the matter over the summer hiatus, he added. Council Member Finlay suggested beginning with the signage within the central core and then phasing in other areas; Council agreed to consider this. Discussion ensued wherein it was noted that removal or relocation of some current signage is to be recommended and Ms. Norbert indicated that a spreadsheet containing same would be provided. The motion below was then proffered.

MOTION by Saad to APPROVE PALETTE FOR SIGN TYPE A THROUGH H2 as submitted; seconded by Penniman and unanimously carried, all

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City Council Regular Meeting — June 15, 2016— 8:30 a.m. Book 124. Page

members present and voting (Buxton-yes, Finlay-yes, McLeod-yes, Penniman-yes, Saad-yes, Seigel-yes, Barnett-yes).

Agenda Memorandum — Presentation - Wayfinding Update

Resumes- — Sign Locations and Messages

Pedestrian Sign Locations Messages Budget Estimate, ------- It is noted for the record that while Item 15 was called earlier in the meeting, it is reflected in its entirety below with Item 16. It is further noted that their titles were read and considered concurrently.

I& RESOLUTION 16-13824 - A RESOLUTION DETERMINING ON-STREET PARKING CREDITS IN C2-A DISTRICT, PETITION 16-PC2A1, PURSUANT TO SECTION 58- 629(2) OF THE CODE OF ORDINANCES, CITY OF NAPLES, FOR THE ALLOCATION OF FOUR ON-STREET PARKING SPACES ALONG THE EAST SIDE OF 8TH AVENUE SOUTH TO THE OLD COVE CONDOMINIUM PROPERTY LOCATED AT 801 12TH AVENUE SOUTH AND 1165-1189 8TH STREET SOUTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.

Agenda Memorandum Resolution Application -----

Parking Needs Analysis Streets and Stormwater Department Memorandum

Memo from Trebilcock Consulting SolutionsCc Resumes

N. Trebilcock Resume (Handout - Added Attachment) -----

Neapolitan Enterprises Submittal (Handout - Added Attachment) 15. RESOLUTION 16-13823 - A RESOLUTION DETERMINING NONCONFORMITY

PETITION 16-N4 TO AMEND RESOLUTIONS 92-6658 AND 02-9893 PERTAINING TO THE OLD COVE CONDOMINIUM PARCEL WITHIN THE C2-A, WATERFRONT COMMERCIAL DISTRICT TO ALLOW FOR THE REDEVELOPMENT AND RENOVATION OF TWO EXISTING STRUCTURES, FOR PROPERTY OWNED BY THE BAY CLUB OF NAPLES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, LOCATED AT 801 12TH AVENUE SOUTH AND 1165-1189 8TH STREET SOUTH,; AND PROVIDING AN EFFECTIVE DATE.

Titles read by City Attorney Robert Pritt. He noted that the petitioner had submitted a revised resolution for Item 15 (see below). This being a quasi-judicial proceeding, Notary Public Vicki Smith administered an oath to those intending to offer testimony; all responded in the affirmative. City Council Members then made the following ex parte disclosures: Saad/visited the site, met with the petitioner, petitioner's agent and Neapolitan Enterprises' attorney, Stephen Thompson, and spoke with staff and members of the public; Seigel/visited the site, met with the petitioner, petitioner's agent and Charles Thomas (Neapolitan Enterprises consultant), and was a member of the Planning Advisory Board (PAB) when the project was considered; Finlay/visited the site and met with the petitioner's agent and Mr. Thomas; Barnett/familiar with the site and spoke with the petitioner's agent; Penniman, McLeod and Buxton/visited the site and met with the petitioner and petitioner's agent; Mr. Buxton was also a PAB member during the project PAB consideration. Attorney Burt Saunders, agent for the petitioner, explained that the above referenced revised resolution for Item 15 had been in response to concerns raised by Neapolitan Enterprise (see correspondence below), a nearby property owner. Due to revisions in the project, no deviations exist and no variance is needed. He continued by utilizing an electronic presentation to review the two items, providing a brief overview of the proposed renovations to the westernmost structures as well as overall improvements to the site; 238 onsite parking spaces will still exist, he stressed. The petitioner's traffic engineer, Norman Trebilcock, then reviewed the parking needs analysis also using electronic renderings during which he pointed out a certified surveyor had identified 245 spaces, 8 of which are along 8th Street South and lie partially within the right-of-way. Prior legislation mandated 244 parking spaces and 245 are to be provided with the renovations, 238 onsite and 7 to be constructed in the rights-of-way of 8 th and 9th Street South; additionally, parking credits for a bicycle rack and three patron boat slips were also requested.

9 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page

City Council Repu!ar Meeting — June 15. 2016— 8:30 a.m.

Planner Erica Martin presented the staff report and added that with the revised resolution for Item 15 and the above presentation, she would recommend that the resolution for Item 16 be amended to reflect that the allocation of 4 on-street parking spaces along the east side of 8th Avenue South be deleted from its title; the four conditions contained therein were then noted. Additionally, she stated that the parking plan recommended for approval by the Streets & Stormwater Department reflects 3 parking spaces along 8 th Street South and 4 along 9 th Street South. Discussion of the revised resolution for Item 15 followed wherein it was noted that the 3 rd and 4 th condition under Section 2 of the original resolution had been deleted and City Attorney Pritt recommended that it remain although the Planning Advisory Board (PAB) had recommended that it be deleted. Mr. Pritt explained that the reasoning for the clause had been to avoid all changes within the complex, such as two units being combined into one, coming to Council for approval; Ms. Martin agreed. Attorney Stephen Thompson, representing Neapolitan Enterprises, explained that it did not want those clauses to remain so as to provide notice to nearby property owners of any changes within the complex and that Council authority should not be delegated to staff.

With regard to the parking credit for the patron boat slips, Council Member Finlay received confirmation that a condition could be added that should the credit be granted, no charge may be levied for the use of those slips. Discussion ensued regarding onsite parking signage and Ms. Martin noted that the 238 spaces ARE to serve all uses throughout the site although the 24 spaces located under the Bay Club could be restricted for its patron's use. Developer of the project, Harry Zea (sworn separately), explained that the onsite parking is for the entire Cove Inn site and that 24 additional parking spaces are being constructed under the Bay Club building and are to be restricted for its use as these spaces are not figured into the overall parking calculations. Mr. Zea confirmed that anyone could use the aforementioned patron boat slips and at no charge. Recess: 3:24 p.m. to 3:36 p.m. It is noted for the record that the same Council Members were present when the meeting reconvened. Following the above recess, additional ex parte disclosures were as follows: Seigel, Penniman, McLeod and Buxton/no contact regarding the item; Saad/spoke with City staff: Finlay/spoke with Harry Zea and Joan Tobin (nearby property owner); and Barnett/spoke with Ms. Tobin. Referencing the above discussion, Attorney Saunders indicated that all existing restrictive parking signage would be removed except for the 24 spaces for the Bay Club. Public Comment: Attorney Stephen Thompson, representing Neapolitan Enterprises, expressed its support of the project as presented and the revised Item 15 resolution, reiterating that decision-making should remain with Council.

Following a brief discussion, the motions below were proffered. MOTION by Saad to APPROVE RESOLUTION 16-13824 amended as follows: Title and throughout resolution: "8 th Street Averum South"; seconded by Buxton and carried 6-1, all members present and voting (Saad-yes, McLeod-yes, Penniman-yes, Buxton-yes, Seigel-no, Finlay-yes, Barnett-yes).

MOTION by Saad to APPROVE REVISED RESOLUTION 16-13823 amended as follows: Section 2 -4: "Any sign restrictions are restrictions to the entire property only."; 2-5: "The petitioner shall remove any signage that does not apply to the entire property only."; 2-6: "The 24 parking spaces located under the buildings are the only spaces allowed to be restricted." and 2-7: "The petitioner shall not charge for the use of patron boat slips." This motion was seconded by Buxton and carried 6-1, all members present and voting (Buxton -yes, Finlay-yes, Penniman -yes, Saad-yes, Seigel-no, McLeod-yes, Barnett-yes).

Agenda Memorandum Resolution Staff Report

Application

Survey and Site Plans Parking Needs Analysis

10 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124- Page

City Council Regular Meeting - June 15, 2016- 8:30 a.m.

PAB Minutes , DRB Minutes-

4/7/16 Letter from Neapolitan Enterprises ,

5/9/16 Letter from Neapolitan Enterprisess-`;/

Public Notice Mailing Labels- ---

Revised Resolution (Handout - Added Attachment) —

N. Trebilcock Resume (Handout - Added Attachment) —

Neapolitan Enterprises Submittal (Handout - Added Attachment)

Petitioner's Submittal A (Handout - Added Attachment)

Petitioner's Submittal B (Handout - Added Attachment)

Petitioner's PowerPoint (Handout - Added Attachment)

19. (Added Item) DISCUSSION OF VACANT LAND SOUTH OF PROPOSED 7-ELEVEN AT 5TH AVENUE NORTH AND GOODLETTE-FRANK ROAD.

City Attorney Robert Pritt explained that the subject parcel is owned by the City and has no deed restrictions reflected on the deed. City Manager William Moss confirmed that the area directly south of the site of a proposed 7-Eleven (southeast corner of Goodlette-Frank Road and 5th Avenue north intersection) is currently utilized as a stormwater retention area and numerous utilities lie within it. Discussion followed wherein suggestions were made including: selling or granting of an easement of that area to 7-Eleven to construct an ingress/egress onto Riverside Circle; or granting an easement for a deceleration lane for traffic into the site from Goodlette-Frank Road. Council Member McLeod pointed out that Collier County must review the project also. Public Comment: Curtis Williams and Willie Anthony, River Park residents, stressed the safety hazard to pedestrians of the ingress/egress from 5 th Avenue North which is the only via of accessing that neighborhood. Their concerns centered on the children who must travel the roadway to go to school and/or visit the neighborhood community center which lie on the west side of Goodlette-Frank Road. They asked that Council listen to the neighborhood especially with regard to attempting to channel pedestrian traffic to the north side of 5 th Avenue North; the children will not use the north side, they concluded.

A brief discussion followed during which the consensus below was reached. Consensus to direct staff to review additional options for ingress/egress to the site and should any exist, contact 7-Eleven to ascertain interest in same.

PUBLIC COMMENT None. 18. (Added Item) ETHICS DISCUSSION BY CITY ATTORNEY PRITT. City Attorney Robert Pritt began his presentation by explaining that a person seated on any City board or committee is not allowed to present before that entity or any other City board or committee (see Item 14 above); Council may amend this should it wish to do so, he added. In response to Council Member Finlay, he confirmed that no City employee, including Council, may accept any sort of gift. Mr. Finlay suggested that the City adopt the state's ethics ordinance. Mr. Pritt indicated that this could be done. He however said since recodification of the City's Code of Ordinances is to occur over the summer, the ethics ordinance could be reviewed for amendment and submitted to Council in the fall. It is noted for the record that Vice Mayor Penniman and Council Member Buxton left at 5:01 p.m. and 5:02 p.m., respectively. Public Comment: None.

Consensus that City Attorney review ethics ordinance for possible amendment.

CORRESPONDENCE AND COMMUNICATIONS Council Member Finlay received confirmation that salary classifications are to be included in the FY2016-17 budget document and that the Naples Airport Authority (NAA) is to be approached to fund a portion of the fiber-optic installation from the City's Solid Waste building to Fire Station #3

11 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.

Book 124. Page City Council Regular Meeting — June 15, 2016 — 8:30 am ,

(both facilities recent Orchid need of repair. ADJOURN 5:05 p.m.

are located on the municipal airport property). Additionally, he observed that the Drive overlay had been unnecessary especially with other roadways in greater The Mayor and Council expressed wishes for a safe and happy summer recess.

Bill Barnett, Mayor

/7 _ Patricia L. Rambosk, City Clerk

Minutes prepared by:

Vicki L. Smith, Deputy City Clerk

Minutes Approved:

t:310,

12 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy.