City Council Regular Meeting

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Regular Meeting – October 16, 2024 – 8:33 a.m. It is noted for the record that all: 1) documentation electronically appended hereto is also contained in the file for this meeting with the City Clerk’s Office; 2) experts who testified during quasi-judicial hearings were accepted as qualified to do so in their respective fields of expertise; 3) added items are referenced in red as “ADDED ITEM”; and 4) added attachments are referenced in red as “ADDED ATTACHMENT”. 1) CALL TO ORDER AND ROLL CALL City Council Members Present Teresa Heitmann, Mayor Terry Hutchison, Vice Mayor Staff Present: Jay Boodheshwar, City Manager Matthew McConnell, City Attorney Erica Martin, Planning Director Leslee Dulmer, Deputy Planning Director Alison Bickett, Deputy City Engineer Ed Bliss, Plans Review Engineer Bill Quincy, Code Compliance Manager Others Present: Judith Hushon Chris Rozansky Harry Zea Bob Pekah Clay Brooker Zach Lombardo Berne Barton Ray Christman Bill Kramer Linda Penniman Beth Petrunoff Elizabeth Willis, Senior Accountant Tarin Nagel, Records Fiscal Manager Ali Duran, Executive Assistant Jeffrey Brammer, Planner II Nate Jones, Senior Planner Jeff Wasko Mark McLean Christian Andrea David Driapsa Eric Franzoi Ledia Metaj David Corbin 2) INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Kramer gave an invocation. Mayor Heitmann led in the Pledge of Allegiance. 3) SET AGENDA City Manager Jay Boodheshwar noted supplemental material for Items 7.B and 11.A. With respect to Item 7.B, he pointed out that the anticipated spending for the vendor Southern Sewer Equipment Sales should state $500,000 and that staff would correct the Resolution accordingly. Mayor Heitmann stated that City Council had asked staff to evaluate current Level of Service (LOS) and concurrency requirements. She said that in 2014, City Council had decided not to comply with concurrency requirements, with her being the only Council Member dissenting on the matter, but that the Concurrency Management Program and Monitoring Requirements had not been formally removed from the City’s Code. She explained that she had taken an oath to follow state and local laws and could not move forward with approving or processing development orders until the issue is resolved. She said the Code states that the Mayor can direct the City Manager to not accept or process petitions.

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 2 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. City Attorney Matthew McConnell explained that there is a distinction between concurrency and the annual report for LOS of City-owned facilities. He said if the Council wished to pause development orders, he would need to take steps to ensure that the process is appropriate for the public. Vice Mayor Hutchison pointed out that there were land use matters on the agenda and inquired about the appropriate time to discuss the matter to determine whether any petitions would be heard that day. In response, City Attorney McConnell suggested adding the discussion to the agenda and discussing it after the approval of the Consent Agenda. The following motion was proffered. MOTION by Christman to SET AGENDA subject to ADDING an Item to Discuss Level of Service and Concurrency; seconded by Kramer and carried 6-1, all members present and voting (Barton-yes, Christman-yes, Hutchison- yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-no). 4) ANNOUNCEMENTS AND PRESENTATIONS Council Member Petrunoff announced a City-wide food-drive challenge to provide relief to hurricane victims. She said the City’s C.O.N.C.E.R.N. Program will be collecting non-perishable food items at City Hall until November 11, 2024, which will then be provided to the Harry Chapin Food Bank. In addition, she said a resident who initiated the challenge has offered to match every dollar donated up to $10,000 to the Harry Chapin Food Bank. Council Member Petrunoff provided a brief biography about Harry Chapin and encouraged residents and employees to donate to the cause. City Manager Jay Boodheshwar provided a history of the C.O.N.C.E.R.N. Program, highlighting that since 1990, employees have supported the community by providing Thanksgiving food items for families in need, participating in St. Matthew’s House and St. Agnes Catholic Church’s Adopt- a-Family Program during Christmas, organizing annual drives for school and pet supplies, and providing financial aid for children to attend the River Park Community Summer Camp. He noted that the program also creates morale-boosting events for employees throughout each year. City Manager Boodheshwar recognized Records Fiscal Manager Tarin Nagel and Senior Accountant Elizabeth Willis for their roles on the C.O.N.C.E.R.N. Committee in organizing these events. He announced the upcoming FRIGHT Night in the City event which will be held October 26, 2024 from 6:00 p.m. until 9:00 p.m. at Fleischmann Park, with proceeds going to the C.O.N.C.E.R.N Program. Records Fiscal Manager Nagel and Senior Accountant Willis provided details about the event, noting that the event will consist of a haunted house, food trucks, bounce house, and a boo bash for younger kids. C.O.N.C.E.R.N. Food Drive Flyer (Staff/Added Attachment) 5) PUBLIC COMMENTS Judith Hushon said that a group of conservative citizens advocating for the removal of Sodium Fluoride from drinking water provided old information from non-peer reviewed scientific journals. She said the City should rely on the EPA’s scientific judgement regarding Sodium Fluoride and urged City Council to refrain from removing it. Chris Rozansky, Executive Director at the Naples Airport Authority, referencing Item 11.A regarding the Subdivision Replat at 900 and 935 5 th Avenue South, said the NAA has concern in regard to the impact of airport traffic on noise to future residents since the property is located one mile away from the airport. He said the NAA has worked very hard to mitigate noise and improve the quality of life for residents. Executive Director Rozansky stated that the NAA met with the developer to discuss overflight of aircraft which may be expected by future residents. In addition, he said the NAA suggested including noise disclosures in sales contracts and condominium documents. He noted that he had not had the opportunity to meet with the developer or the agent again to further discuss the NAA’s request. Executive Director Rozansky requested that the following language be included in City Council’s approval of the item: “The developer will provide notice and notifications of airport proximity to all owners, lessees and residents as part of the condominium covenants, conditions and restrictions documents.” He then responded to questions from City Council regarding the matter. Harry Zea said one of his developments that he purchased had suffered major storm damage and repairs

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 3 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. were necessary. He said the Planning Department notified him that the building had an excess in commercial square footage and that an alternate path was necessary to obtain a Certificate of Occupancy. He said he believed the City Manager and City Attorney may have a path to allow for an appeal process and urged City Council to get involved and support it. Bob Pekah provided copies of his two recent water bills and said he had questions regarding the Septic to Sewer Conversion Project pertaining to costs and whether there was an option to opt out. Correspondence (C. Rozansky/Added Attachment) APPROVAL OF CONSENT AGENDA 6) MINUTES None. 7) RESOLUTIONS 7.A) RESOLUTION 2024-15472 - Resolution Amending the FY 2024-25 Budget Adopted Pursuant to Resolution 2024-15463 to Appropriate Funds from the State Confiscation Trust Fund (Florida Contraband Forfeiture Act) and the Federal Confiscation Trust Fund (Federal Equitable Sharing Program) for Law Enforcement Related Items; Authorizing the City Manager to Manage the Accounting for These Funds; and Providing an Effective Date. Title of Resolution not read. Agenda Memorandum Resolution 2024-15463 Resolution - FY24-25 Adopted Budget 7.B) RESOLUTION 2024-15473 - A Resolution Waiving the Competitive Bidding Process for the Purchase of Goods and Services During Fiscal Year 2024-25 as Provided in Section 2-663(d) of the Code of Ordinances, City of Naples and Approving a List of Vendors that are Entities Regularly Receiving Bids for County, State or City Official Use; Waiving the Competitive Bidding Process for the Purchase of Goods and Services as Provided in Section 2-666(9) of the Code of Ordinances, City of Naples, and Approving a List of Vendors that Have Been Determined to be Sole Source Providers; Authorizing the City Manager to Enter into Agreements with the Approved Lists of Vendors During Fiscal Year 2025 in the Total Not-To-Exceed Amounts as Set Forth Herein; Authorizing the City Manager to Execute Purchase Orders Therefor; and Providing an Effective Date. Agenda Memorandum Resolution Updated Agenda Memorandum (SUPPLEMENT 1/ADDED ATTACHMENT) Revised Resolution (SUPPLEMENT 1/ADDED ATTACHMENT) 8) OTHER 8.A) Approval of the Installation and Donation of the Park Shore Fund Public Art and Hardscape, Designed by Herb Babcock and Chad Jensen, to be Located in the Median at the 4400 Block of Gulf Shore Boulevard North. Agenda Memorandum Public Art Proposal Information Artist Information and Site Location Letter of Support - GSAC Letter of Support - Park Shore Association END OF CONSENT AGENDA Level of Service and Concurrency Discussion (ADDED ITEM) Mayor Heitmann introduced the item. Council Member Kramer inquired about whether the Mayor had authority to place a moratorium on development when City Council is in-session. In response, City Attorney Matthew McConnell advised that a moratorium requires direction from City Council.

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 4 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Vice Mayor Hutchison requested a description of the issues related to concurrency and Level of Service (LOS). City Attorney McConnell explained that, since the item was added to the agenda, he could provide a brief overview but would need more time to prepare for a comprehensive discussion. In response, Vice Mayor Hutchison recalled the Mayor’s earlier comments about elected officials taking an oath to uphold the laws and stated that if additional time is necessary to fully explain the issue, he needs to ensure he is acting lawfully while considering land use items in the meantime. City Attorney McConnell provided examples of LOS standards found in the Concurrency Management System Element of the Comprehensive Plan, which included standards for sanitary sewer, potable water, solid waste, and roadways. He provided a history regarding state concurrency requirements that were implemented in 2011 to regulate the urban sprawl that had been occurring in some areas throughout the State. He explained that prior to 2011, some cities created their own Codes to develop LOS standards to prevent urban sprawl from occurring within its own boundaries. He said in 2014, City Council provided direction to staff to review concurrency requirements and to determine whether Code changes were necessary, based on the State’s legislative changes that occurred in 2011. City Attorney McConnell said it was recently brought to staff’s attention that the review had not been done and said that he and the City Manager are committed to conducting a thorough review on the matter but asserted that the LOS Annual Report is intended to be an internal audit of the City’s infrastructure, and is separate from LOS standards by which projects are reviewed against. In response to Vice Mayor Hutchison, City Attorney McConnell stated that the LOS Annual Report should not be confused with the adopted LOS standards in the Comprehensive Plan. He also confirmed that Policy 2-6 of the Concurrency Management System Element states, “Deny issuance of development orders as defined in F.S. § 163.3164, for any project for which it is determined that the LOS standard in the plan has not been met or for which it is determined that the impacts of the project would result in lowering any LOS standard.”, and he advised that the policy does not provide failure of doing an LOS Annual Report as a reason to deny a project. In response to Mayor Heitmann, City Attorney McConnell reviewed Policy 2-5. City Attorney McConnell confirmed that staff should determine whether each project has met LOS standards, and if not, staff should ensure that a developer pays for all necessary upgrades to meet the LOS standards. City Attorney McConnell stated that although the LOS Annual Report may no longer be required by the State, he believes it is good policy to publish an annual report for internal checks and balances. He suggested modifying the Code to reflect this practice. He explained that staff was diligently working on the report so that it could be presented to the Planning Advisory Board (PAB) in January and subsequently presented to City Council for adoption on February 5, 2025. Council Member Penniman expressed disagreement in discussing the matter without advertising it to the public. Council Members Christman, Barton, Penniman, and Petrunoff expressed opposition to placing a moratorium on development orders and instead direct staff to continue the current process of preparing the LOS Annual Report and recommendations for Code changes. Vice Mayor Hutchison suggested that City Council direct the City Attorney to prepare written guidance to City Council as it specifically relates to how City Council can effectively and lawfully fulfill its duties as to land use matters and concurrency matters as prescribed in the Code and Comprehensive Plan. Public Comment: Clay Brooker, Attorney at Cheffy Passidomo, P.A., stated that concurrency requires that infrastructure be in place before any development impacts it. He expressed the view that reviewing LOS standards is a good process but emphasized that it would be illegal to halt

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 5 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. development for something the City was supposed to manage itself. He pointed out that the City has been collecting impact fees, which are designated for capital improvements. If the Council wishes to establish a moratorium, he urged that it follow the law rather than implementing it ad hoc. Regarding Item 11.A, he noted that a settlement agreement between the petitioner and the City requires the item to be placed on the soonest agenda after administrative approval of the site plan. Mayor Heitmann stated that it was clear that City Council had reached a consensus to continue hearing land use matters. City Attorney McConnell assured the Council that staff will continue its work on updating the LOS Annual Report to meet the Code’s deadline and suggested that the Council could have a further discussion on potential changes after the report is complete. Council Member Petrunoff noted that the City would soon begin the process of updating the Comprehensive Plan and said that it would be an opportune time to update the LOS requirements. Recess: 10:02 a.m. to 10:14 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. 9) PUBLIC HEARINGS None. REGULAR AGENDA 10) ITEMS PULLED FROM CONSENT AGENDA None. 11) LAND USE MATTERS 11.A) RESOLUTION 2024-15474 - A Resolution Relating to a Subdivision Replat; Approving and Accepting the Preliminary and Final (Record) Plat for 900 Block 5th Avenue Replat, a Replat Pursuant to Article II, Plats, of Chapter 54, Subdivision Standards, of the Code of Ordinances, City of Naples, of Property Located at 900 and 936 5th Avenue South and 975 6th Avenue South, Containing Approximately 2.472 Acres and Owned by 5th Avenue South Holdings, LP, and NECO 900 5th Avenue South, LLC, a Delaware Limited Liability Company, More Fully Described Herein; Requiring Recording; Approving Subdivision Petition 24-SD1; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman, Barton, Kramer, and Petrunoff / familiar with the site but had not had contact; Christman / familiar with the site and had a conversation with Planning Director Erica Martin and City Attorney McConnell; Hutchison / familiar with the site, had conversations with staff, and said he had kept an open mind; and Heitmann / met with the petitioner, met with City Attorney McConnell and staff, and met with residents. Clay Brooker, Attorney at Cheffy Passidomo, P.A., said he represented 5th Avenue South Holdings, LP, and NECO 900 5th Avenue South, LLC, in a request for a subdivision replat of properties located at 900 and 936 5th Avenue South and 975 6th Avenue South. He explained that the replat is required by the Settlement Agreement between 5th Avenue South Holdings, LP and the City of Naples, which was approved by City Council under Resolution 2024-15412. He thereby utilized an electronic presentation to provide a map of the 900 Block, an overview of the terms and conditions of the Settlement Agreement, a copy of the 900 Block original plat from 1928, and a history of alley vacations and grants that occurred in 1949, 1958, and 2017. Attorney Brooker then reviewed the proposed 900 Block Replat, explaining that the existing alleys would be retained and that the existing lots would be replaced with three larger tracts to accommodate the conceptual redevelopment site plans approved by the Settlement Agreement. Attorney Brooker noted a scrivener’s error in General Note No. Six of the proposed Replat and said that it should read as follows: “Tract A is subject to the requirements of the current zoning classification of C2 General Commercial District pursuant to Chapter 58, Article II, Division 20 of the City of Naples Code of Ordinances. Tracts B and C are subject to the requirements of the current zoning

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 6 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. classification of D-Downtown District per Chapter 58, Article II, Division 30 of the City of Naples Code of Ordinances.” In response to Mayor Heitmann, Planning Director Martin confirmed that the petitioner had not proposed any zoning changes, and that the scrivener’s error had omitted the zoning district of Tract A. Planning Director Martin subsequently reviewed the staff report. She explained that the Settlement Agreement had outlined a process whereby the project would follow, noting that the Agreement required that a Subdivision Replat be submitted for City Council to approve following administrative site plan approvals of Tracts B and C. She noted that the existing building located on Tract A and the existing alley separating Tracts A and B would remain unchanged. Planning Director Martin noted that staff reviewed the request and had found that the standards for approval had been met, pursuant to Section 54-4(b) of the Land Development Code. Planning Director Martin noted the Supplement Resolution, which included minor revisions to the proposed language. City Attorney McConnell added that the Supplement material also included a signed copy of the opinion letter from the petitioner’s attorney, which is required by State Statute. In response to City Attorney McConnell, Planning Director Martin confirmed that even if the settlement did not stipulate, the standard process of approval of a subdivision replat application had been followed. She also confirmed that notice requirements were met, with a total of 1,255 letters mailed to all property owners within 1,000 feet of the subject property. In response to Vice Mayor Hutchison, Planning Director Martin confirmed that multiple lots were never officially divided when the existing building was constructed on proposed Tract A. In response to Council Member Barton, Planning Director Martin explained that the alley above proposed Tract C differs from existing conditions due to the presence of driveways and passageways that extend beyond the plotted area. Planning Director Martin confirmed that the site plan applications for proposed Tracts B and C were found sufficient during staff’s review and upon approval of the replat, both applications would need to obtain final design approval by the Design Review Board (DRB) in order to obtain a building permit. Council Member Petrunoff noted that the Naples Airport Authority (NAA) had brought forth concern regarding the impacts of airport noise to the residential units that will be included in the properties’ mixed-use development and had recommended requiring noise disclosures to be made during the sale of condominium units. Planning Director Marin stated that the subject property is located outside of the noise contour area. She advised that although the petitioner could voluntarily enter into an avigation easement, there is nothing in the Code that could allow the City to require it. In response, Attorney Brooker stated that the petitioner is willing to disclose the proximity of the airport in the documents that will be provided to all potential buyers. City Attorney McConnell advised the Council would need to add NAA Executive Director Chris Rozansky’s public comment to the record for this item but noted that he was not under oath when he spoke under Item 5. Attorney Brooker stated that he had no objection to Mr. Rozansky’s comments being included although he had not been sworn. Consensus reached to ADD NAA Executive Director Chris Rozansky’s public comment to the record for Item 11.A. Planning Director Martin read proposed language provided by NAA Executive Director Chris Rozansky by email, after which Attorney Brooker affirmed. Ensuing discussion, the following motion was proffered. MOTION by Kramer to APPROVE RESOLUTION 2024-15474 subject to the following changes: 1) correcting General Note # of the Proposed Plat to read as follows: “Tract A is subject to the requirements of the current zoning

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 7 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. classification of C2 General Commercial District pursuant to Chapter 58, Article II, Division 20 of the City of Naples Code of Ordinances. Tracts B and C are subject to the requirements of the current zoning classification of D Downtown District pursuant to Chapter 58, Article II, Division 30 of the City of Naples Code of Ordinances.”; 2) adding the following condition: The developer will provide notice and notifications of airport proximity to all owners, lessees and residents as part of the condominium covenants, conditions and restrictions documents; and 2) amending the fourth WHEREAS clause as follows: " the existing east-west alleys…". Motion seconded by Hutchison and unanimously carried, all members present and voting (Hutchison-yes, Penniman-yes, Christman-yes, Barton-yes, Kramer- yes, Petrunoff-yes, Heitmann-yes). Agenda Memorandum Resolution Application - 900 Block Exhibit A to Subdivision Application Exhibit B to Subdivision Application Disclosures of Interest Deed Survey Existing Plat - 900 Block Proposed Plat - 900 Block Opinion of Title - Subdivision Replat - 900 Block Settlement Agreement Resolution 2017-14005 Petitioner’s Credentials Planning Department Credentials Public Notice Mailing Addresses Sign Posting Affidavit - 900 Block Replat - 10-16-2024 mtg Petitioner’s Presentation Revised Resolution (SUPPLEMENT 1/ADDED ATTACHMENT) Signed Opinion of Title - Subdivision Replat - 900 Block (SUPPLEMENT 1/ADDED ATTACHMENT) Correspondence (C. Rozansky/Added Attachment) 11.B) RESOLUTION 2024-15475 - A Resolution for the Purpose of Determining Amendment No.1 to Site Plan Petition 20-SP14 to Depict the Building Footprint of Commercial Pad "C", Which Site Plan was Previously Approved by Resolution 2021-14639, on Property Owned by WSR Naples Square Commercial, LLC., a Florida Limited Liability Company, and Located at 325 12th Street South in the Downtown District of the Naples Square Planned Development, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman, Kramer, and Petrunoff / familiar with the site but had not had contact; Barton / familiar with the site and had contact with the petitioner; Christman / familiar with the site and had communication with Planning staff and the City Attorney; Hutchison / familiar with and had been to the site, had corresponded with residents, and said he would keep an open mind; and Heitmann / familiar with and visited the site and received communication from a resident of Naples Square. Clay Brooker, Attorney at Cheffy Passidomo, P.A., said he represented WSR Naples Square Commercial, LLC, in a request to amend the site plan for the tract identified as Tract C-1 of the Naples Square Planned Development and located at 325 12th Street South. He said the proposed amendment represents a reduction in the maximum development potential from 5,291

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 8 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. square feet, which was approved by Resolution 2024-14639, to 3,500 square feet for a single- story restaurant building with an approximately 500 square foot outdoor dining patio area. He thereby utilized an electronic presentation to review the approved site plan, the proposed site plan, three dimensional renderings, staff’s sufficiency letter, and standards of approval set forth in Section 46-33(g) of the City of Naples Code of Ordinances. Mark McLean, Architect at MHK Architecture, continued to review the proposed plans which included an overall Site Plan of the Naples Square PD, parking, traffic flow, the proposed floor plan, roof plans, elevations, and three-dimensional renderings. He noted that there are no changes to the parking lot configuration, utilities, and vehicular circulation previously approved by Resolution 2021-14639. Jeff Wasko, Engineer at Barraco and Associates, reviewed the proposed Stormwater Management Plan. In response to Vice Mayor Hutchison, Engineer Wasko explained that most of the excess stormwater will be captured by the perimeter berm and the remaining stormwater will either be directed to the parking lot or yard drains that surround the building and connect to the overall stormwater system for Naples Square. He also confirmed that the lowest elevation on the property is located at the yard drains at five feet. Christian Andrea, Landscape Architect at Architectural Land Design, Inc., reviewed the proposed landscape plan. In response to Vice Mayor Hutchison, Landscape Architect Andrea confirmed that the landscape plan includes deciduous trees but noted that they are not expected to produce excessive leaf litter. He explained that although alternative species could be considered, current industry standards favor canopy trees for parking lots, with oak trees being more favorable than other deciduous options. Vice Mayor Hutchison expressed the importance of properly maintaining leaf litter. Council Member Penniman expressed concern about the proximity of the mechanical equipment to Building C. In response, Architect McLean stated that the equipment will be centrally located on the rooftop and fully screened from ground view, though it may still be visible from Naples Square Building Four. Deputy Planning Director Leslee Dulmer provided an overview of the PD and Site Plan 20-SP14, approved by Resolution 2021-14639 adopting a site plan for both Commercial North and Commercial South properties. She explained that the proposed amendment would establish an actual building footprint of the proposed restaurant use, noting that the approved Site Plan only indicated a maximum development potential. She then reviewed the proposed changes, noting that staff found the petition to be sufficient pursuant to Section 46-33(e) of the City of Naples and Section IX of the Naples Square Planned Development (Ordinance 2021-14658). Deputy Planning Director Dulmer provided a history of the Planning Advisory Boards (PAB) consideration, noting two continuances. She stated that the PAB ultimately recommended approval by a vote of four to three, subject to conditions. Deputy Planning Director Dulmer noted that the main concerns of the PAB were related to stormwater. Regarding the PAB’s Conditions Four and Five, she explained that the petitioner met with the Naples Square Property Owners’ Association after the PAB meeting and reached verbal agreements on the stormwater maintenance plans, although no formal documents had yet been submitted to staff. Deputy Planning Director Dulmer explained that because the parking is integrated with the Encore project, a certificate of occupancy will not be issued for the proposed restaurant until Encore’s parking is constructed, as outlined in Condition Two. In response to Council Member Christman, Plans Review Engineer Ed Bliss explained that although the stormwater must pass inspections, routine maintenance is also an essential element. He said he would like for a maintenance plan to be required to ensure the system is properly maintained. He also confirmed that it is common practice for staff to receive a stormwater maintenance plan to review. Deputy Planning Director Dulmer suggested removing Conditions

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 9 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Four and Five and replacing them with a condition requiring the petitioner to submit a stormwater maintenance plan prior to the issuance of a building permit. Council Member Petrunoff expressed concern regarding the project’s lack of green space and inquired about how the Community Services Department determines that a project meets its standards of review against the City’s Urban Forest Plan. In response to Council Member Petrunoff, Deputy Planning Director Dulmer stated that the City Arborist was not present that day to respond but noted that while most of the green space within the Planned Development is provided by the linear park easement, there is also a portion buffering the intersection of 3rd Avenue South and Goodlette-Frank Road. In response to Vice Mayor Hutchison, Deputy Planning Director Dulmer provided additional information regarding parking requirements and the integrated parking plan. In response to Mayor Heitmann, Deputy City Engineer Alison Bickett explained that a Level of Service (LOS) build-out analysis was prepared for the Gulfshore Playhouse project and that it included all projects within the PD maximum development potential. Deputy Planning Director Dulmer confirmed that the 1st Avenue South Parking Garage is not included in the project’s parking calculations. Attorney Brooker added that the agenda material referencing the 1st Avenue South Parking Garage is included in the agenda material to address questions relating to traffic but assured the Council that the parking requirements are met through the integrated parking plan with Encore. Public Comment: None. MOTION by Christman to APPROVE RESOLUTION 2024-15475 subject to removing Conditions Four and Five and replacing them with the following condition: a Stormwater maintenance plan for Tract C-1, in cooperation with the Naples Square Property Owner’s Association will be provided at the time of building permit to satisfy stormwater maintenance requirements; seconded by Hutchison and carried 6-1 (Christman-yes, Petrunoff-yes, Barton-yes, Kramer-yes, Hutchison-yes, Penniman-yes, Heitmann-no). Agenda Memorandum Resolution Staff Memorandum Staff Report Petitioner Request for New Hearing Date Application Disclosure of Interest Deed Survey 20-SP14 Amendment No. 1 Sufficiency Letter Naples Square Commercial South Tract C-1 Petitioner Response Letter Naples Square South Building ‘C’ Architectural Plans Naples Square South Building ‘C’ Landscape Plans Naples Square Commercial South Pad ‘C’ Site Development Plans Naples Square Commercial South Pad ‘C’ Sheet C4.0 Updated Parking Calculations December 13, 2022 Planning Advisory Board Meeting Minutes Resolution 2021-14639 Naples Square Commercial South Plat Credentials - Petitioner Credentials - Planning Department Public Notice Mailing Addresses - 2024 Re-notice Affidavit of Sign Posting - PAB 6.12.24 Affidavit of Sign Posting - PAB 9.11.24 Affidavit of Sign Posting - Council 10.16.24 Correspondence Petitioner Presentation - 1 of 3 Petitioner Presentation - 2 of 3

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 10 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Petitioner Presentation - 3 of 3 11.C) RESOLUTION 2024-15476 - A Resolution for the Purpose of Determining Site Plan Petition 24-SP3 Pursuant to Section 46-33 for a Landscaping Project Exceeding 10,000 Gross Square Feet on the Property Located at 4251 Gulf Shore Boulevard North. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Ali Duran administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman, Petrunoff, and Heitmann / familiar with the site but had not had contact; Barton / had a brief communication with staff; Christman / visited the site and had communication with staff; Kramer / familiar with the site, was contacted by a resident, and reviewed the agenda material; and Hutchison / familiar with the site, had communication with residents and the petitioner, and said he had kept an open mind. Eric Franzoi, President at WJ Johnson Engineering, LLC, introduced himself and David Driapsa, Landscape Architect at David J Driapsa Historical Landscape Architecture, utilized an electronic presentation to review a request to renovate ±33,000 square feet of landscaping surrounding Park Shore Tower, which included a location map, an aerial of the project site, a survey, renderings of existing conditions, a demolition plan, and proposed plans. He explained that the project would consist of removing the existing water features, walkways, bridges, irrigation, and lighting and replace the existing grounds with new landscaping, including a central lawn area and waterfall feature. Landscape Architect Driapsa noted that the roof would be re-waterproofed and a new green roof system atop the single-story parking garages would be installed. He added that the project includes new site grading, a new stormwater management plan, lighting, and signage, as well as six additional parking spaces. Landscape Architect Driapsa responded to questions regarding permeable pavers, the stormwater management plan, and the green roof system. Planner II Jeffrey Brammer reviewed the staff report, noting that the Planning Advisory Board voted to recommend approval subject to the petitioner providing sufficient plans to respond to comments provided by Building Official Stephen Beckman in the “Floodplain” section and Plans Review Engineer Ed Bliss in the “Stormwater” section of the Staff Report. He stated that the petitioner submitted the appropriate documentation, which was later reviewed and approved by staff. Planner Brammer said that staff recommended the following conditions be set forth in the proposed Resolution: all signage will be required to comply with the signage regulations in Section 50-35 of the Code of Ordinances; and the landscape architect will provide certification that the landscaping installed is consistent with the plans as approved by City Council prior to final Planning inspection. Public Comment: None. MOTION by Petrunoff to APPROVE RESOLUTION 2024-15476; seconded by Hutchison and unanimously carried, all members present and voting (Penniman-yes, Hutchison-yes, Petrunoff-yes, Barton-yes, Christman-yes, Kramer-yes, Heitmann-yes). Agenda Memorandum Resolution Staff Report Application Disclosure of Interest - Owner Survey Landscaping Plans Lighting Plan Stormwater Plan Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 11 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Affidavit of Sign Posting Affidavit of Sign Posting City Council Per PAB - Supplemental Plans Recess: 12:06 p.m. to 12:36 p.m. It is noted for the record that Mayor Heitmann did not return, and Vice Mayor Hutchison presided for the remainder of the meeting. 11.D) DENIED - A Resolution Determining Petition 24-AA2, Relating to an Appeal of an Administrative Decision Pursuant to Section 2-84 of the Code of Ordinances, City of Naples, to Reverse an Administrative Determination Denying the Building Permit for the Installation of One Guide Piling for Property Owned by William Wicka, as Trustee of the William B. Wicka Revocable Trust, and Located at 300 Bow Line Drive, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman / visited the site and met with Attorney Lombardo; Barton / visited the site, met with Attorney Lombardo and communicated with staff; Christman / visited the site, met with the petitioner and the petitioner’s agent, and discussed the matter with staff; Kramer / visited the site, met with attorneys of both parties, and discussed the matter with staff; Petrunoff / had not had contact; and Hutchison / familiar with the site but had not had contact. Zach Lombardo, Attorney at Woodward Pires & Lombardo, P.A., said he represented William Wicka as trustee of the William B. Wicka Revocable Trust in an appeal of an administrative decision denying a permit application for the addition of a mooring piling to an existing residential dock located at 300 Bow Line Drive. He utilized an electronic presentation to review the nature of the appeal, the dock’s permit history, various aerials from 2005, 2011, and 2012, a 2012 memo issued by former Planning Director Robin Signer, a previous opinion issued by former City Attorney Robert Pritt and his legal analysis, and letters of no objection emailed to staff. He provided a legal analysis supporting the appeal and suggested stipulating a condition to require that the boat lift not be moved from its current location, if granted. Planning Director Erica Martin reviewed the staff report, which included the permit history from 2012 to date, noting that the most recent approved permit was for the removal of the piling and relocation of the boat lift. She said the piling was removed and the boat lift was relocated that same year, but recently, staff was notified that the piling and stringer had been installed, resulting in a Code Enforcement violation against the property owner. She said although a permit had later been submitted, staff denied the permit based on a previous opinion issued by former City Attorney Pritt regarding the placement of piling in the same location and a memo issued by former Planning Director Singer, which had also included comments from former Code and Harbor Manager Roger Jacobson. Planning Director Martin noted that the Planning Advisory Board (PAB) considered the appeal at its September 11, 2024 meeting and recommend denial by a five to two vote. Public Comment: Clay Brooker, Attorney at Cheffy Passidomo, P.A, said he represents property owners Anthony and Jeane Freeman, who own the property located at 286 Bow Line Drive. He provided a signed affidavit from Mr. and Mrs. Freeman and outlined the Freemans’ objections to the appeal. Attorney Lombardo stated that the owner is aware that a permit is required. He argued that the hearing was to determine whether the re-installed piling would inhibit the use or function of the adjacent dock, boat lift, and jet ski slips at 286 Bow Line Drive, but no evidence of such had been presented. He claimed that staff’s memo had determined that the boat lift needed to be relocated but not the piling. Planning Director Martin added that while Attorney Lombardo shared an excerpt from a letter by former Planning Director Singer that did not address the piling, she pointed out that Director Singers memo dated May 22, 2012, specifically addressed the piling and boat lift.

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 12 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Planning Director Martin said staff did not review a survey for 286 Bow Line Drive but cautioned the Council against relying on aerials to determine property boundary lines. She responded to questions regarding former staff’s analysis, evidence that former staff had relied on to make a determination, permit history, setback requirements for docks, and standards of approval set forth in Section 56-93(b)(8) of the City of Naples Code of Ordinances, In response to Council Member Christman, Attorney Lombardo stated that the two property owners could not reach an agreement on the matter and ultimately, City Council would need to make the determination. Ensuing a brief discussion regarding the proposed Resolution, the following motion was proffered. MOTION by Barton to DENY RESOLUTION 2024-15477 based on Former Staffs Opinion in reference to inhibiting the neighbor’s dock; seconded by Petrunoff and carried 6-0 (Petrunoff-yes, Hutchison-yes, Christman-yes, Barton-yes, Kramer-yes, Penniman-yes, Heitmann-absent). Agenda Memorandum Staff Report Resolution 2012 Legal Opinion - Robert Pritt 2012 Marine Permit - 300 Bow Line Drive Credentials - Petitioner 2012 Building Official Letter to Wicka 2012 Singer Letter to Wicka Marine Permit 12-1979 - Removal of Piling and Relocation of Lift to Original Location Application and Exhibits Deed Credentials - Staff Public Notice Mailing Addresess Correspondence Sign Posting Affidavit Correspondence CC Presentation Signed Affidavit of Anthony and Jeane Freeman (C. Brooker/Added Attachment) 11.E) RESOLUTION 2024-15478 - A Resolution Determining Outdoor Dining Petition 24- OD8 to Establish Outdoor Dining on Private Property Including a Total of Nine (9) Tables and Thirty-Six (36) Seats for the Restaurant to be Known as Ottimo on 5th Cucina & Bar on Property Owned by NECO 401 5th Avenue South, LLC and Located at 409 5th Avenue South, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Jessica Hernandez administered an oath to those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex parte disclosures: Penniman and Petrunoff / familiar with the site but had not had contact; Barton and Kramer / familiar with the site and had a brief communication with staff; Christman / familiar with the site and had email communication with representatives of the Fifth Avenue South Business Improvement District (FASBID) and staff; and Hutchison / familiar with the site, had been by the site, had communication with residents, and said he would keep an open mind. David Corbin, Architect at David Corbin Architect, PLLC, stated that the owner of Roma Italian Bistro and Pizzeria intends to relocate and rebrand their dining concept to Ottimo on 5th Cucina and Bar at 409 5th Avenue South. He corrected an error in the application regarding lighting, assuring that the illumination standards in the City of Naples Code of Ordinances, which require lighting not to exceed 0.5 footcandles at the property line, will be met. He also corrected the total number of chairs stating that there would be 34 chairs instead of 36 and confirmed that there will

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 13 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. be a total of eight four-top tables and one two-top table. He then utilized an electronic presentation to review the proposed life safety plan, decorative railing, and sample images of awning material. Senior Planner Nate Jones, reviewed the agenda memorandum and noted that staff found that the standards of approval had been met and recommended the following conditions: the petitioner shall demonstrate compliance with Section 56-89 by submitting lighting plans or schematics to the Planning Department for review and approval prior to issuance of a Certificate of Occupancy for the site; and 2) the petitioner shall only install the newly proposed aluminum railing on private property. Council Member Christman noted that Roma Italian Bistro and Pizzeria is currently located in the 700 block of 5th Avenue South, an area with known code violations. He contacted FASBID and learned that most violations were linked to another restaurant. Council Member Christman added that FASBID’s Executive Director described Roma Italian Bistro as a valuable asset to the Avenue. Code Compliance Manager Bill Quincy confirmed that the restaurant had three code violations this year, one of which occurred during the Cars on Fifth event. He expressed hope that no code violations would arise at the new location if approved. In response, Ledia Metaj, Owner of Roma Italian Bistro and Pizzeria, explained that during Easter weekend and the Cars on Fifth event, tables were placed at the neighboring restaurant, but assured the Council that the new location would have adequate seating to prevent a recurrence. In response to Council Member Christman, Deputy Planning Director Leslee Dulmer confirmed that the hours of operation for outdoor dining will align with indoor dining, set from 11:00 a.m. to 11:00 p.m. daily. Ms. Metaj added that when the restaurant is not busy, the hours may vary, with outdoor dining always being the first to close. Public Comment: None. MOTION by Christman to APPROVE RESOLUTION 2024-15478 subject to changing the total number of approved chairs to 34; seconded by Petrunoff and carried 6-0 (Barton-yes, Penniman-yes, Christman-yes, Petrunoff-yes, Kramer-yes, Hutchison-yes, Heitmann-absent). Agenda Memorandum Resolution Application Disclosure of Interest - Property Owner Disclosure of Interest - Business Owner Deed Survey Site Plan Life Safety Plan Outdoor Dining Details Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting Petitioner’s Presentation 12) OLD BUSINESS None. 13) NEW BUSINESS 13.A) CLERK TRACKING 2024-00119 AND 2024-00120 - Consider Appointing One Trustee to the Board of Trustees of the Police Officers’ Retirement Trust Fund and Recommending One Member for Appointment to the Collier County Contractors’ Licensing Board. Deputy City Clerk Jessica Hernandez noted that City Council interviewed current Trustee Jerome Fons at its October 14, 2024 Workshop Meeting. The following motion was then proffered.

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 14 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. MOTION by Christman to APPOINT Jerome Fons to the Board of Trustees of the Police Officers’ Retirement Trust Fund for a two-year term commencing November 2, 2024 and expiring November 1, 2026; seconded by Petrunoff and carried 6-0 (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-absent). Deputy City Clerk Hernandez noted that City Council interviewed new applicant Jennifer Cassidy at its October 14, 2024 Workshop Meeting. The following motion was then proffered. MOTION by Christman to RECOMMEND APPOINTING Jennifer Cassidy to the Collier County Contractors’ Licensing Board for a three-year term expiring June 30, 2027; seconded by Petrunoff and carried 6-0 (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-absent). Agenda Memorandum Police Pension - Jerome Fons application Police Pension code Contractors’ Licensing - Jennifer Cassidy application Contractors’ Licensing Board Section 22-265 ORDINANCES 14) FIRST READING ORDINANCES None. 15) SECOND READING ORDINANCES None. 16) PUBLIC COMMENTS None. 17) COMMUNICATIONS FROM MAYOR, CITY COUNCIL, AND STAFF Council Member Penniman stated that the Natural Resources Department is working hard to put forward a resiliency plan to present to City Council in January 2025. She applauded staff for their efforts. Council Member Christman congratulated staff for organizing a successful groundbreaking event for the Beach Outfalls Project. Vice Mayor Hutchison also expressed appreciation to staff as well as Senator Kathleen Passidomo for attending and advocating for State funding. City Manager Jay Boodheshwar thanked residents who participated in the event. Council Member Kramer said he took umbrage to statements made earlier under Item 5 by an individual who urged to keep Sodium Fluoride in the City’s drinking water. He advised that individuals could disagree on the topic but still have good information to support their views. City Manager Boodheshwar noted the upcoming November 4, 2024 Community Redevelopment Agency (CRA) Meeting. City Attorney Matthew McConnell asked City Council whether it desired Attorney Andrew Barr to attend the upcoming November 7, 2024 City Council / Naples Airport Authority Workshop Meeting. City Council expressed support for Attorney Barr to attend but discussed concerns relating to Attorney Barr’s hourly rate. Ensuing discussion, the following consensus was reached. Consensus reached to authorize Attorney Andrew Barr to attend the upcoming City Council / Naples Airport Authority Meeting but for staff to develop an organized agenda to minimize expenses. In response to Council Member Kramer, City Manager Boodheshwar confirmed that the Mayor authorized two groups of citizens to each make a presentation during the November 7, 2024 City Council / Naples Airport Authority Workshop Meeting.

City Council Regular Meeting – October 16, 2024 – 8:33 a.m. 15 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. 18) ADJOURNMENT 2:22 p.m. ____________________________ Teresa Lee Heitmann, Mayor ______________________________ Patricia L. Rambosk, City Clerk Minutes prepared by: ______________________________ Jessica Hernandez, Deputy City Clerk Minutes Approved: 11-6-2024.