City Council Regular Meeting

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Regular Meeting – March 19, 2025 – 8:32 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; and 2) experts who testified during quasi-judicial hearings were accepted as qualified to do so in their respective fields of expertise. 1) CALL TO ORDER AND ROLL CALL City Council Members Present Teresa Heitmann, Mayor Terry Hutchison, Vice Mayor Staff Present: Patricia Rambosk, City Clerk Andrew Dickman, Assistant City Attorney Charlotte Loewel, Human Resources Director Russell Thomas, Employee and Labor Relations Mgr. Chad Merritt, Parks, Recreation and Facilities Dir. Alison Bickett, Deputy City Engineer Ciro Dominguez, Police Chief Others Present: Chief Carl Williams Sergeant Alexander Leoni Dennis Sanders Jill Palmer Anne Foster Laura Patterson Keith Choff Berne Barton Ray Christman Bill Kramer Linda Penniman Beth Petrunoff Gary Young City Manager Matthew McConnell, City Attorney Robert Middleton, Public Works Dir. Erica Martin, Planning Director Eddie Bliss, Project Manager Dan Ohrenstein, City Engineer Jessica Hernandez, Deputy City Clerk Ali Duran, Executive Assistant Dr. Steve Aguzzi Joe Migliara James Whitaker Clay Brooker David Corbin James Carr Norman Trebilcock Reverend Kirt Anderson 2) PLEDGE OF ALLEGIANCE Dr. Steve Aguzzi, Reverend at Moorings Presbyterian Church, gave an invocation. Chief Carl Williams and Sergeant Alexander Leoni subsequently led the Pledge of Allegiance. 3) SET AGENDA City Manager Gary Young asked to add an item in Section 4) Announcements and Presentations, specifically, a proclamation presentation to Chief Carl Williams and a leadership change ceremony for the Collier County Veterans Council. He asked that the additional item be heard first, thus renumbering the items in Announcements and Presentations. 4) ANNOUNCEMENTS AND PRESENTATIONS 4.A) Proclamation Presentation to Chief Carl Williams and Change of Leadership Ceremony (Added Item)

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 2 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Mayor Heitmann acknowledged Chief Carl Williams for his 10 years of service and dedication to the Collier County Veterans Council and designated March 20, 2025, as Chief Carl Williams Day. Chief Williams donated artwork titled Honoring the Troops, a bronze bust of himself, to be indefinitely on loan to the City and to be displayed at the City’s discretion. He then passed the gavel to Sergeant Alexander Leoni, representing the change of leadership of the Collier County Veterans Council. 4.B) American Red Cross Month Proclamation. Mayor Heitmann read a proclamation recognizing March 2025 as American Red Cross Month, which was accepted by Jill Palmer, Executive Director of the American Red Cross Florida’s Southern Gulf Chapter, and Dennis Sanders, Community Volunteer Leader. Ms. Palmer thanked the City for recognizing American Red Cross Month, stating that it is an opportunity to celebrate humanitarian efforts for those who volunteer and help respond during emergency disasters. 4.C) Sam Noe Award Presentation. City Clerk Patricia Rambosk provided a brief history of the award, explaining that each year, board and committee members may nominate a current or past member of an appointed board or committee to honor exemplary service aligned with the board or committee’s mission. City Clerk Rambosk announced that following a discussion at its March 5, 2025 Regular Meeting, the City Council selected Anne Foster as the recipient of the 2025 Sam Noe Award. City Clerk Rambosk recognized Ms. Foster for her service as a Member, Vice Chair, and Chair of the Community Services Advisory Board (CSAB) from 2015 to 2024. She then recognized past Sam Noe Award recipients James Rideoutte, Gary Price, Lodge McKee, Linda Black, James Krall, Bruce Selfon, Thomas McCann, Stephen Hruby, Renee Zepeda, and Sharda Spahr who were in attendance that day. Mayor Heitmann read Resolution 2025-15566 recognizing Anne Foster as the 2025 recipient of the Sam Noe Award and presented the award. Ms. Foster recognized JoAnne Jeffreys and Kathy Swingley for their assistance during her tenure with the Community Services Advisory Board. She thanked City Council for the honor of the award and the privilege to serve on the Board. 5) PUBLIC COMMENTS Keith Choff expressed concern regarding increased overcrowding and traffic congestion should City Council purchase and redevelop 1400 5th Avenue North (Stillwater Cove Apartments). He acknowledged City Council’s efforts to increase workforce housing but expressed the view that this property was not the proper location. Joe Migliara expressed concern that during the 2024 election Political Action Committees (PACs) distorted campaigns and dispersed misinformation attempting to confuse and silence residents. He said that five of the six PACs were from outside the City and represented special interests and developers. He urged the City Council to take steps to discourage PACs and suggested that candidates voluntarily decline direct and indirect financial support from them. James Whittaker voiced his opposition to the City purchasing the Stillwater Cove Apartments, emphasizing that the River Park East neighborhood is already overcrowded, and residents do not support additional housing units. Regarding Political Action Committees (PACs), he stated that they seek to fill boards and committees with members who share similar viewpoints. He also expressed concern that the PACs will encourage overdevelopment, thus threatening the City's unique identity. APPROVAL OF CONSENT AGENDA MOTION by Penniman to APPROVE THE CONSENT AGENDA; seconded by Barton and unanimously carried, all Members present and voting (Barton- yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff- yes, Heitmann-yes). 6) MINUTES 6.A) Approval of the February 18, 2025 Workshop Meeting Minutes and the February 20, 2025 Regular Meeting Minutes. Title of the Item not read. Agenda Memorandum February 18, 2025 Workshop Meeting Minutes February 20, 2025 Regular Meeting Minutes 7) RESOLUTIONS

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 3 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. 7.A) RESOLUTION 2025-15567 - A Resolution Increasing the Total Insurable Values on City Structures and Contents Based on a Required Comprehensive Property Appraisal from $167,711,263 To $195,413,719; Approving the Payment of the Pro- Rated Additional Insurance Premium of $105,000 for the Period of March 19, 2025 through September 30, 2025; Authorizing the City Manager to Execute a Change Order to Risk Management Associates, Inc.; and Providing an Effective Date. Title of the Resolution not read. Agenda Memorandum Resolution Recommended Appraised Values Naples Bldg Detail Report 9-2-24 Naples Bldg Summary Report 9-2-24 7.B) RESOLUTION 2025-15568 - A Resolution Approving a Piggyback Agreement between the City of Naples and Fire-Tec 1, Inc. in the Amount of $115,523.80 for the Purchase of 70 Regulators Approved in CIP 25E06, Utilizing the Town of Davie Contract ITB- JA-20-28 for the Pricing of Fire Equipment and Supplies; Authorizing the City Manager to Execute the Piggyback Agreement; and Providing an Effective Date. Title of the Resolution not read. Agenda Memorandum Resolution 2025-00023 Fire-Tec1, Inc. Estimate From Fire-Tec 1, Inc. 7.C) RESOLUTION 2025-15569 - A Resolution Approving a Contractor’s Services Agreement Between the City of Naples and Infinite Construction LLC. To Improve Accessibility for Individuals with Disabilities by Improving the Parking Area, Providing Additional Access to the Beach, and Additional Amenities for the Public Beach Access at Vedado Way in the Amount of $120,070.16; Approving a City- Controlled Contingency in the Amount of $5,000; Approving a Supplemental Appropriation from the Unappropriated Fund Balance of the 350 One Cent Fund for ADA Improvements in the Amount of $125,070.16; Authorizing the City Manager to Execute the Contractor’s Services Agreement; and Providing an Effective Date Title of the Resolution not read. Agenda Memorandum Resolution Contractor’s Services Agreement (Unsigned) Recommendation of Award by Grady Minor (EOR) Vedado Way ADA Project - Final Plans 7.D) RESOLUTION 2025-15570 - A Resolution Accepting a Permanent Non-Exclusive Utility Easement from Gulfshore Playhouse, Inc, Lying in Section 3, Township 50 South, Range 25 East, Collier County, Florida, Containing Approximately 375 Square Feet, More or Less, Being a Portion of Tract C-1 of the Naples Square Commercial North Plat, Recorded in Plat Book 63, Pages 16 and 17, of the Public Records of Collier County, Florida, and located at 100 Goodlette-Frank Road South, for the Purpose of Accessing and Maintaining the Potable Water Utilities System that was Constructed as part of the Gulfshore Playhouse Project; Directing the City Clerk to Record the Easement; and Providing an Effective Date. Title of the Resolution not read. Agenda Memorandum Resolution Permanent Non-Exclusive Utility Easement - Execution Copy Naples Square Commercial North Plat - Plat Book 63, Pages 16 and 17 7.E) RESOLUTION 2025-15566 - A Resolution of the Naples City Council Honoring Anne Foster as the 2025 Recipient of the Sam Noe Award; and Providing an Effective Date. Title of the Resolution not read. Agenda Memorandum Resolution 8) OTHER 8.A) Acknowledge the Selection of Dan Radford on the Board of Trustees of the General Retirement System. Title of the Item not read.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 4 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Agenda Memorandum Dan Radford Application Code Sec. 29-81(a)(7) END OF CONSENT AGENDA 9) PUBLIC HEARINGS None. REGULAR AGENDA 10) BOARDS AND COMMITTEES None. 11) ITEMS PULLED FROM CONSENT AGENDA None. 12) LAND USE MATTERS 12.A) RESOLUTION 2025-15571 - A Resolution for the Purpose of Determining Conditional Use Petition 25-CU2 Pursuant to Section 46-34 and Section 58-593 of the Code Of Ordinances, City of Naples, Amending Resolution 2010-12626 which Granted a Conditional Use Approval Allowing a Church to Operate in the C2 General Commercial Zoning District on Property Located at 849 7th Avenue South, More Fully Described Herein; and Providing an Effective Date; and Pursuant to Section 50-107 And Section 50-102(b) of The Code Of Ordinances, City of Naples, to Approve an Associated Parking Needs Analysis and an Arrangement for Off-Site Parking on Property Located at 950 6th Avenue South, More Fully Described Herein; Providing for Conditions, if any; Providing a Disclaimer; Directing Recordation; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. This being a quasi-judicial proceeding, Notary Public Ali Duran administered an oath to all those intending to offer testimony; all responded in the affirmative. Council Members then made the following ex-parte disclosures: Penniman / had met with principals from the church; Barton / was familiar with the site and had communications with City staff; Christman, Kramer, and Petrunoff / were familiar with the site and had discussed the project with City staff but had not had any other contact; Hutchison / was familiar with the site, had visited businesses over the past years at the location, had received emails regarding the item, had spoken with City staff, had discussions with the public, and had kept an open mind about the item; and Heitmann / had spoken with staff, had spoken with members of the congregation, had received correspondences, and met with residents. Petitioner’s agent, Clay Brooker, Attorney at Cheffy Passidomo, P.A., utilized an electronic presentation to outline the key aspects of the Conditional Use Petition, noting that the Naples Community Church, located at 849 7th Avenue South, has been in operation for 15 years. He stated that the proposed renovated sanctuary will feature 316 seats, requiring 79 parking spaces. Since the church currently provides only 35 spaces, he said plan was to utilize its off-site parking lot at 960 6th Avenue South to add 29 spaces. In addition, he noted that the nearby City parking lot, located one block south of the church at the southeast corner of 8th Street South and 8th Avenue South, will be utilized to fulfill the remaining required spaces. Attorney Brooker announced that the church had reached a parking agreement with the City, permitting public use of its 29 off-site parking spaces located on 6th Avenue South, when not needed by the church. David Corbin, Principal Architect at David Corbin Designs, continued the electronic presentation with an overview of the existing building. He noted that the western portion, currently housing a restaurant and other commercial uses, was built before 1973 and is non-conforming. He noted that the eastern portion of the building, where the church sanctuary is located, was constructed in 2000, and lacks adequate restroom facilities, meeting or fellowship space, and does not comply with current Federal Emergency Management Agency (FEMA) elevation requirements. Architect Corbin stated that the petitioner aimed to construct a building that more closely resembled a traditional church while also increasing seating capacity. He explained that the plans include ground-level parking beneath the church and converting the existing front parking lot into green space, aligning with the petitioner’s desire to enhance the church’s connection to nature. This plan would raise the church above the required FEMA elevation, he added.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 5 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Architect Corbin then presented floor plans outlining the ground-floor parking, elevators leading to the second-floor sanctuary, an adjoining fellowship hall and kitchen, office spaces and an outdoor fellowship courtyard. He noted that the plans feature a free-standing steeple, separate from the main structure, matching the church's height and positioned in the southeast corner of the property. To ensure church services can continue on-site during construction, the western portion of the existing building will be demolished first, he noted. Architect Corbin added that once that section is completed, services will temporarily relocate there while work progresses on the remainder of the project. James Carr, Professional Engineer at LJA Engineering, utilized an electronic presentation to outline the project’s stormwater management plan. Norman Trebilcock, President and Professional Engineer at Trebilcock Consulting Solutions, presented key findings from the Traffic Impact Statement and the Parking Needs Analysis. Laura Patterson, Landscape Architect at DWY Landscape Architects, provided an overview of the project's landscape plan. Reverend Kirt Anderson then gave a brief history of Naples Community Church and emphasized the importance of constructing a new church to better serve the congregation and community. Vice Mayor Hutchison cautioned that church traffic could potentially conflict with Cambier Park traffic, particularly during events held at the park. Additionally, he expressed concern about a potential issue if the 15 City parking lot spaces become unavailable in the future. He suggested implementing a requirement for the petitioner to replace those spaces if needed. Planner Jeff Brammer reviewed the staff report and the conditions contained therein, noting that the Planning Advisory Board (PAB) had recommended approval of the Resolution to City Council, subject to nine conditions, which he enumerated. Planning Director Erica Martin added a condition, stating that if the 15 City parking lot spaces become unavailable in the future, the petitioner will be required to address the parking deficiency at that time. In response to Council Member Penniman, Planning Director Martin clarified that the off-site parking lot is a Permitted Use. However, if the petitioner intends to construct a parking garage on the property, a Conditional Use Permit would be required. In response to Vice Mayor Hutchison, Engineer Carr outlined the temporary parking plan that the petitioner intends to implement during construction. Vice Mayor Hutchison proposed allowing the petitioner to secure parking spaces at the nearby City-owned parking garage on the corner of 6th Avenue South and 8th Street South. In response, Planning Director Martin stated that while anyone can use the public parking garage, allocating specific spaces within it for the church would not be possible since the church and public parking garage are not located within the same zoning district. Attorney Brooker explained that the petitioner will use movable “reserved for church parking” signage on Sunday mornings and during other times when the lot is needed for church functions Public Comments: None. MOTION by Kramer to APPROVE RESOLUTION 2025-15571 subject to: 1) adding Condition 10 under Section 3, indicating that if the 15 City parking lot spaces become unavailable in the future, the petitioner will be required to address the parking deficiency at that time; and 2) including the Off-Site Parking Agreement as Exhibit C; seconded by Petrunoff and unanimously carried, all Council Members present and voting (Christman-yes, Petrunoff- yes, Barton-yes, Kramer-yes, Hutchison-yes, Penniman-yes, Heitmann-yes). Agenda Memorandum Resolution 25-CU2 Staff Report Application Disclosure of Interest - Property Owner Warranty Deed - Church Parcel Warranty Deed - Parking Lot Parcel

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 6 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Survey - Church Parcel Survey - Parking Lot Parcel Aerial Architectural Plans Civil Plans Landscape Plans Lighting Plans 1 Lighting Plans 2 Traffic Impact Study Engineering Report Parking Needs Analysis Resolution 2010-12626 - Existing CUP Approval Resolution 15-13643 - ROW City Lot Urban Stormwater Management Program - NCC Parking Agreement -- Naples Community Church 3-11-25 (final) Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting Correspondence Petitioner Presentation Recess from 10:43 a.m. to 11:00 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. 12.B) CONTINUED - A Resolution Relating to Fence and Wall Waiver Petition 25-FWW1, Pursuant to Section 56-37(g) of the Code of Ordinances, City of Naples, to Allow a Landscape Retaining Wall to Exceed 30-Inches Above the Average Crown of Road Elevation by Approximately Three Feet, Pursuant to Section 56-54(a)(7) of the Code of Ordinances, City of Naples, on Property Owned by Dickson D. and Luann C. Jensen, and Located at 1911 Alamanda Drive, More Fully Described Herein; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. Planning Director Erica Martin informed City Council that staff and the petitioner asked that this item be continued to a date certain to allow the petitioner more time to gather additional information to better prepare the presentation. MOTION by Kramer to CONTINUE Fence and Wall Waiver Petition 25-FWW1 until the April 16, 2025 City Council Regular Meeting; seconded by Hutchison and carried 6-1, all Council Members present and voting (Penniman-yes, Hutchison-yes, Petrunoff-no, Barton-yes, Christman-yes, Kramer-yes, Heitmann-yes). Agenda Memorandum Resolution Application Disclosure of Interest - Property Owner Warranty Deed Survey - 1911 Alamanda Drive Landscape Plan Civil Plans Wall Location Survey - 721 Springline Drive (Neighboring Property) Credentials - Petitioner Credentials -Staff Public Notice Mailing Addresses Affidavit of sign posting Correspondence 13) OLD BUSINESS 13.A) RESOLUTION 2025-15573 - A Resolution Approving a Revised Valet Plan for the Gulfshore Playhouse on Property Located at 100 Goodlette-Frank Road, More Fully Described Herein, in Accordance with Condition 18 Set Forth in Resolution 2024- 15500, Which Requires that a Revised Valet Operation Plan be Submitted and Considered a Pilot Test And Placed on an Agenda for a City Council Meeting in March 2025; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. Planning Director Erica Martin provided a brief overview of actions taken by the City Council regarding the parking related to the Gulf Shore Playhouse. She stated that the petition was continued at the November 20, 2024 City Council Meeting to provide the petitioner time to revise the valet plan in a manner that is amenable to both the petitioner and staff. The petitioner and staff worked together and determined that the recommendations provided by Council Member Barton were the best option and named the proposed parking plan the “Barton Plan”. City Manager Gary Young assured Council Members that all parties will report back with a status update on the Barton Plan Pilot Project.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 7 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Vice Mayor Hutchison emphasized the importance of ensuring public access to the parking garage and requested that the language regarding valet parking be clear and uphold the public’s right to park. Public Comment: None. MOTION by Penniman to APPROVE RESOLUTION 2025-15573, seconded by Barton and unanimously carried, all Council Members present and voting (Petrunoff-yes, Hutchison-yes, Christman-yes, Barton-yes, Kramer-yes, Penniman-yes, Heitmann-yes). Before closing the item, Council Members made the following ex parte disclosures: Penniman / had not had contact; Barton / had communicated with staff; Christman / had communicated with staff, but had no other contact since November 20, 2024; Kramer and Petrunoff / no contact; Hutchison / had visited the site, had communicated with the staff and the public, had received emails, and stated that none of the ex parte disclosures influenced his decision in any way until he was able to hear the merits of the petition; and Heitmann / had communicated with the petitioner, City Manager, and staff. Gulfshore Playhouse Valet Plan with Barricade 20241205 REV08 SHEET Resolution 2024-15500 Public Notice Mailing Addresses Affidavit of Sign Posting 14) NEW BUSINESS 14.A) RESOLUTION 2025-15574 - A Resolution Approving, Ratifying, and Confirming the Labor Contract Between the City of Naples and the Fraternal Order of Police, Collier County Lodge 38, Officer’s Bargaining Unit; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. City Manager Gary Young stated that competitive salaries attract police officers to Naples, while comprehensive employee benefits and compensation packages play a crucial role in officer retention. He praised the police officers for their willingness to increase their pension contributions, which will enhance their financial security in retirement. Human Resources Director Charlotte Loewel reviewed the agenda memorandum. She announced that, upon approval, the collective bargaining agreement would be retroactive to October 1, 2024, and be in effect through September 30, 2027. She noted that less than two years prior, the turnover rate in the Naples Police Department was over 20 percent. Russell Thomas, Employee and Labor Relations Manager, utilized an electronic presentation that highlighted the cost of the agreement and its impact to funding and prospective Pension Plan improvements. Public Comments: None. Noting that the City of Naples is already ranked as one of the safest cities in the United States, Council Member Petrunoff expressed hope that the new agreement would help preserve that distinction. She also advocated for the adoption of an automatic trigger to ensure the collective bargaining process is not unnecessarily prolonged. Council Member Kramer stated that ensuring fair compensation for first responders was a central focus of his campaign and voiced his support for the collective bargaining agreement. He pledged to continue advocating for equitable compensation for first responders in the future. Council Members extended their congratulations to both staff and police representatives for successfully reaching an agreement. City Manager Young explained that prior City Councils were reluctant to increase salaries after the City experienced a 20 percent reduction in tax receipts following the 2008 recession. He noted that, in the years that followed, succeeding City Councils were cautious about offering pay increases, fearing the potential impact of another recession. MOTION by Hutchison to APPROVE RESOLUTION 2025-15574, seconded by Petrunoff and unanimously carried, all Council Members present and voting (Barton-yes, Penniman-yes, Christman-yes, Petrunoff-yes, Kramer-yes, Hutchison-yes, Heitmann-yes).

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 8 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Agenda Memorandum Resolution Tentative Agreement 14.B) RESOLUTION 2025-15575 - A Resolution Approving, Ratifying, and Confirming the Labor Contract Between the City of Naples and the Fraternal Order of Police, Collier County Lodge 38, Supervisor’s Bargaining Unit; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Resolution. Russell Thomas, Employee and Labor Relations Manager, reviewed the cost of the agreement and its impact on funding. He noted that the year one base pay for police officers will increase 16 percent from $59,929 to $72,231 in 2026-27, which will be the highest in Southwest Florida, but not the highest in the State. MOTION by Petrunoff to APPROVE RESOLUTION 2025-15575, seconded by Hutchison and unanimously carried, all Council Members present and voting (Hutchison-yes, Penniman-yes, Christman-yes, Barton-yes, Kramer-yes, Petrunoff-yes, Heitmann-yes). Agenda Memorandum Resolution Tentative Agreement 14.C) Announcement of Executive Session regarding Keller, Rachel v. City of Naples, Case No. 23-CA-002955, 20th Judicial Circuit, in and for Collier County, Florida. City Attorney Matthew McConnell read the public notice of a request to schedule an Executive Session on April 2, 2025 at 1:30 p.m. to discuss settlement negotiations and strategy related to litigation expenditures regarding Keller, Rachel v. City of Naples, Case No. 23-CA-002955, 20th Judicial Circuit in and for Collier County, Florida. Agenda Memorandum Public Notice 14.D) Announcement of Executive Session regarding Compagnone, Richard v. City of Naples, Case No. 23-CA-003045, 20th Judicial Circuit, in and for Collier County, Florida. City Attorney Matthew McConnell read the public notice of a request to schedule an Executive Session on April 2, 2025 at 12:30 p.m. to discuss settlement negotiations and strategy related to litigation expenditures regarding Compagnone, Richard v. City of Naples, Case No. 23-CA- 003045, 20th Judicial Circuit in and for Collier County, Florida. Agenda Memorandum Public Notice ORDINANCES 15) FIRST READING ORDINANCES Recess from 12:56 p.m. to 1:24 p.m., during consideration of item 15.A; however, it appears below in its entirety. It is noted for the record that the same Council Members were present when the meeting reconvened. 15.A) An Ordinance for the Purpose of Adopting the 2024 Level of Service Report; Providing for Conflicts; Severability; Correction of Scrivener's Error; Construction; Publication; And an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. Planning Director Erica Martin presented the 2024 Level of Service (LOS) Report, noting that it is a requirement under Section 48-7 of the City’s Land Development Code. She explained that LOS Reports were prepared for Recreation, Facilities and Parklands, Solid Waste, Potable Water, Sewer Service and Drainage, Traffic Circulation, Transportation and Public-School Facilities. City Attorney McConnell detailed the procedural guidelines necessary to implement recommendations from LOS Reports, noting that the Planning Advisory Board (PAB) will review the reports each February, followed by two City Council readings to consider adopting the LOS. Planning Director Martin recommended updating Section 48 of the Land Development Code, pointing out that it was originally written in 1989 in response to a Growth Management Act that is no longer in effect. Public Works Director Robert Middleton provided an overview of the Potable Water System LOS Report and announced that the City’s Potable Water System met the LOS requirements. He outlined the history of the City's potable water system expansion and credited the installation of the Reclaimed Water System, used for irrigation, for keeping the City’s water usage well below the permitted maximum. Public Works Director Middleton noted that the 2022 Integrated Water

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 9 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. Resources Plan (IWRP) projects a 2.5 percent annual population increase through 2040 and includes County residents connected to the City’s water system. In response to Council Member Penniman, Public Works Director Middleton confirmed that the City’s Wellfield Management Plan has successfully limited saltwater intrusion in its secondary wells. He also noted that requests have been made to replace leaking pipe casings at the primary wellfield in Golden Gate to further mitigate the risk of saltwater intrusion. Next, Public Works Director Middleton presented an overview of the Wastewater Treatment LOS Report and announced that the City’s Water Treatment Plant met the LOS requirements. Public Works Director Middleton then provided an overview of the Solid Waste LOS Report and announced that the City’s Solid Waste program met the LOS requirements. Lastly, Public Works Director Middleton overviewed the Drainage LOS Report and noted that most roads in the City were built before the LOS requirements were established in 1989. He asserted that recent stormwater standard updates have resulted in better water quality and water quantity. Project Manager Eddie Bliss explained that staff and consultants have been assessing stormwater sub-basins in the area and will rank them in priority for infrastructure improvements, which will be presented to City Council as part of the Basin Assessment in June, 2025. Council Member Christman emphasized the need for more rigorous stormwater system inspections. He also provided an update on the Resiliency Forum he attended the previous day. In response to Mayor Heitmann, City Engineer Dan Ohrenstein explained the stormwater inspection permitting process for property owners. In response to Vice Mayor Hutchison, City Engineer Ohrenstein noted that road flooding may still occur, depending on the scale of the storm, even when stormwater standards are met. He also stated that rising sea levels are being factored into future Multi-Basin Plans. Deputy Traffic Engineer Alison Bickett provided an overview of the Transportation LOS Report, noting that all City streets met the LOS requirement with a ‘C’ rating, except for the segment of 5th Avenue South between Gulf Shore Boulevard South and 9th Street South, which was defined as a “constrained facility,” and accordingly is exempted from level of service requirements. She explained that County roads within the City limits, including Goodlette-Frank Road and Golden Gate Parkway, adhere to the County’s LOS requirements, while the 9th Street corridor/U.S. 41/Tamiami Trail, a State road within the City limits, follows the State’s LOS policies. Deputy Traffic Engineer Bickett stated that volume-to-capacity calculations indicate the City’s street system is operating at or above the LOS C rating, with all streets showing surplus capacity. She noted that within the City street system, Park Shore Drive is the only street functioning at the lower range of LOS ‘C.’ requirement. Deputy Traffic Engineer Bickett stated that no major road projects are planned within the City’s upcoming five-year plans. However, future projects by the Metropolitan Planning Organization (MPO), Florida Power and Light (FPL), and the Florida Department of Transportation (FDOT) are in development, and primarily focus on improvements such as sidewalks, street lighting, signal systems, and intersection improvements. She added that the City is considering purchasing enhanced data collection capabilities at several locations, which should provide greater insight into traffic conditions and peak volumes. Deputy Traffic Engineer Bickett stated that the City maintains 55 miles of sidewalks, four miles of pathways, and 25.89 miles of bike lanes. She confirmed that these combined facilities meet the established LOS requirements.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 10 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. In response to Council Member Petrunoff, City Attorney McConnell stated that the City does not have the authority to impose a more stringent LOS on State and County roads beyond what is already established. Deputy Traffic Engineer Bickett noted that the LOS in urbanized areas is typically rated at D or E. She added that while the County will not expand its roads beyond six lanes, the City has identified constrained areas and has requested that the County address these concerns. Assistant City Attorney Andrew Dickman pointed out that the Intergovernmental Coordination Element in the Comprehensive Plan mandates collaboration between the City, County, and State to address traffic issues. City Manager Young clarified that while the City can request traffic improvements from the County and State, it does not have the authority to mandate them. Council Member Christman observed that traffic counts on City roads have remained stable over the past decade and attributed most local traffic issues to growth in usage of County and State roads. Public Comment: none. Chad Merritt, Parks, Recreation, and Facilities Director, provided an overview of the Parks, Recreation, and Facilities Department LOS Report and announced that there were no deficiencies pursuant to the criteria set forth in the Comprehensive Plan. Council Member Petrunoff noted that the City has a higher percentage of older residents compared to most other communities and suggested developing tailored amenities to better accommodate their needs, such as pickleball courts or hiking trails. In response, Mayor Heitmann suggested that the Community Services Advisory Board (CSAB) conduct a survey to gather public input on desired amenities. Director Merritt announced that according to National Recreation and Parks Association (NRPA) standards, the City is deficient in City-owned park acreage. Council Member Kramer added that if Naples aims to become a more youthful community, it must plan and develop amenities that cater to younger residents. Council Member Petrunoff questioned whether it would be more prudent to develop amenities tailored to the City’s older population or to the younger demographic, which primarily consists of County residents. City Manager Young advocated for a balanced approach that would accommodate the needs of both groups. Mayor Heitmann expressed concern regarding the loss of the beach volleyball court and paddleboard area that were closed by order of the Department of Environmental Protection Agency (DEP). Noting damage from recent storms, Vice Mayor Hutchison, questioned whether there are truly 40 accessible beach ends in the City, as stated in the LOS Report. He also commented that some parks listed in the report should not be counted, as they are currently unusable. Director Merritt noted that the tennis courts at Cambier Park are highly sought after and regularly operate at full capacity. In response to Council Member Penniman, Director Merritt said letters of interest regarding the Master Plan update have been sent to City residents. He added that the possibility of adding tennis facilities in the City would depend on community feedback. Council Member Christman noted that many attractions enjoyed by City residents are located in the County and advocated for a more inclusive approach when determining City amenities. In response to Mayor Heitmann, Director Merritt offered an update on the Cambier Park Playground renovations. City Attorney McConnell reviewed the First Reading of the Ordinance and outlined the remaining work required before Second Reading. To achieve short-term compliance and assist communities in adhering to the Comprehensive Plan, he suggested segmenting the LOS by specific neighborhoods. He offered three options to address instances when the current LOS does not

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 11 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. meet the City’s adopted LOS. He proposed that City Council must adopt measures that either: 1) fund the necessary improvements to reestablish the adopted LOS within a two-year transition period; 2) adopt a lower LOS which would be consistent with the current LOS; or 3) cease issuing development orders which negatively impact the LOS until the adopted LOS is reestablished. Council Member Christman affirmed that stormwater solutions cannot be achieved within a two- year time frame and emphasized that the 1989 stormwater standards are outdated. Vice Mayor Hutchison agreed and expressed apprehension supporting the Ordinance at First Reading. In response, Planning Director Martin explained that the LOS Report serves as a tool for change, as it can be utilized to amend the Comprehensive Plan. Council Member Christman voiced concern about City Council being restricted to the three options outlined by City Attorney McConnell. He noted that forthcoming information from the Basin Assessments, Capital Improvement Plan (CIP) budget, and Climate Adaptation Plan will provide Council Members with a more comprehensive basis for decision-making. City Attorney McConnell asserted that the First Reading is only for information gathering, while measures can be adopted at Second Reading. He stated that new development must not negatively impact the LOS and that City Council cannot approve projects that would result in a reduction of LOS standards. Council Member Christman stated that he was prepared to approve the Ordinance at First Reading but emphasized that LOS measures must be incorporated to meet the Code in the Second Reading for him to offer his support. He expressed concern that LOS measures could potentially place constraints on individual home sales. In response, Council Member Kramer stated that while redevelopment of a property must include onsite water retention, homebuyers are not required to update their property to meet current stormwater standards. Planning Director Martin clarified that the Report simply assesses whether the City is meeting LOS requirements and does not indicate whether the City Council is satisfied with the current LOS. Public Comments: None. MOTION by Christman to APPROVE ITEM 15.A AT FIRST READING; seconded by Barton and carried 5-2, all Council Members present and voting (Penniman-yes, Kramer-yes, Hutchison-no, Christman-yes, Barton-yes, Petrunoff-yes, Heitmann-no). City Attorney McConnell announced that Second Reading of the Ordinance would be scheduled during the Regular City Council meeting on either May 7, 2025 or May 21, 2025. Agenda Memorandum Ordinance 2024 LOS Ordinance with Report Solid Waste Potable Water Sewer Service & Drainage Level of Service Report 3.11.25 Traffic Level of Service Report Public Schools Concurrency Report Staff Memo - Parklands and Recreation Facilities Level of Service Report Recreation Facilities and Parklands - LOS Report 2024 PAB Staff Memo - Level of Service Report Recess from 3:58 a.m. to 4:07 p.m. It is noted for the record that the same Council Members were present when the meeting reconvened. 16) SECOND READING ORDINANCES 16.A) RESOLUTION 2025-15576 - An Ordinance Amending Chapter 2, Administration, Chapter 16, Construction, Rehabilitation and Property Maintenance, Chapter 46, Administration, Chapter 52, Resource Protection Standards, Chapter 54, Subdivision Standards, Chapter 56, Supplemental Standards, and Chapter 58, Zoning of Appendix "A"- Fees and Charges Schedule of the Code of Ordinances, City of Naples, Florida for the Purpose of Increasing Building Permit, Plan Review, Plan Revision, Inspection Fees and Planning and Zoning Petition Fees; Providing for Codification; Conflicts; Severability; Correction of Scrivener's Error; Construction; Publication; and an Effective Date.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 12 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. City Attorney Matthew McConnell read the title of the Ordinance. City Manager Gary Young reviewed the Ordinance, noting that building and planning fees will be increased, with the last adjustments made in 2018 for building fees and 2019 for planning fees. Planning Director Erica Martin stated that there are no new fees; however, the proposed fee increases are in line with those of other municipalities. In response to Council Member Petrunoff, City Attorney McConnell asserted that the proposed fee increases do not conflict with Senate Bill 250 (SB 250). Public Comments: None. MOTION by Petrunoff to ADOPT ORDINANCE 2025-15576; seconded by Kramer and unanimously carried, all Council Members present and voting (Petrunoff-yes, Kramer-yes, Hutchison-yes, Penniman-yes, Christman-yes, Barton-yes, Heitmann-yes). Agenda Memorandum Ordinance Building Department Fee Increase Projection Planning Budget Fee and Revenue Projection 17) PUBLIC COMMENTS None. 18) COMMUNICATIONS FROM MAYOR, CITY COUNCIL, AND STAFF Council Member Penniman proposed scheduling a discussion at a future Workshop to consider requiring all new commercial and residential parking lots to be pervious. In response, Vice Mayor Hutchison recommended assessing the City's existing priorities before introducing a new one. With upcoming meeting agendas already featuring resiliency topics, he suggested incorporating a discussion on pervious parking surfaces at that time. Council Member Kramer provided an update on the latest Tourist Development Council (TDC) meeting, reporting that tourism numbers have declined slightly this season, with projections indicating a continued downturn. Council Member Kramer acknowledged the historical contributions of the Imaurri family to softball in Collier County and suggested naming the softball facility in Cambier Park in their honor. Council Member Petrunoff requested clarification on whether the new rooftop dining restaurant above Ocean Prime, approved as a pilot program for future approvals, would yield accurate results if it is indeed operating as a private club, as rumored. In response, City Attorney Matthew McConnell said the restaurant could not legally operate as a private facility. Council Member Petrunoff sought clarification on the possibility of individual units being sold at the Old Naples Hotel. In response, City Manager Gary Young noted that a discussion regarding the intersection at the hotel is scheduled for the April 2, 2025 City Council meeting and questioned whether the prohibition of such sales should be included as a condition for approval. Council Member Petrunoff requested a City Council discussion on public art. In response, City Manager Young suggested that the discussion take place after the summer recess once the State finalizes its agreement on public art funding for municipalities. In response to Council Member Petrunoff, City Manager Young stated that an update on the City’s lobbying efforts in Tallahassee was upcoming. Vice Mayor Hutchison expressed the opinion that the Level of Service standards for public infrastructure must be reestablished in order to properly protect the community.

City Council Regular Meeting – March 19, 2025 – 8:32 a.m. 13 Roll call votes by Council Members are recorded in random order, pursuant to City Council policy. 19) ADJOURNMENT 4:37 p.m. ____________________________ Teresa Lee Heitmann, Mayor ______________________________ Patricia L. Rambosk, City Clerk Meeting clerked by: ________________________________ Ali Duran, Executive Assistant Minutes prepared by: Ali Duran, Executive Assistant David Horton, Executive Assistant Minutes Approved: 4-16-2025.