City Council Workshop Meeting

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Workshop Meeting – February 18, 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) added attachments are referenced in red as “ADDED ATTACHMENT”. 1) CALL TO ORDER AND ROLL CALL City Council Members Present: Teresa Lee Heitmann, Mayor Berne Barton Terry Hutchison, Vice Mayor Ray Christman Bill Kramer Linda Penniman Beth Petrunoff Staff Present: Gary Young, City Manager Matthew McConnell, City Attorney Stephen Beckman, Director of Building Services Erica Martin, Planning Director Jessica Rosenberg, Deputy City Clerk Phil Pennington, Fire Chief Others Present: Keith Choff Liset Zelaya Irma Sefa Pearl Strumminger Lauren Batlle Ken Cruickshank Mike Faucett John Hennessy Matt Noltall John Wilkinson Ken Prichard 2) PLEDGE OF ALLEGIANCE Mayor Heitmann led in the Pledge of Allegiance. 3) SET AGENDA (ADD OR REMOVE ITEMS) MOTION by Hutchison to SET AGENDA; seconded by Petrunoff and unanimously carried, all members present and voting (Barton-yes, Christman-yes, Hutchison-yes, Kramer-yes, Penniman-yes, Petrunoff-yes, Heitmann-yes). 4) ANNOUNCEMENTS AND PRESENTATIONS None. 5) PUBLIC COMMENTS Pearl Strumminger, a resident of River Park East, expressed concern that the City’s purchase of the Stillwater Cove Apartments was being considered without addressing the needs of the residents in the neighborhood. 6) BOARDS AND COMMITTEES 6.A) INTERVIEW TWO APPLICANTS FOR THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD AND ONE APPLICANT FOR THE DESIGN REVIEW BOARD. Deputy City Clerk Jessica Rosenberg reviewed the agenda memorandum and introduced Liset Zelaya who was interviewed by City Council for appointment to the Community Redevelopment

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 2 Agency Advisory Board (CRAAB). Keith Choff was also interviewed for the CRAAB later in the day. Irma Sefa was interviewed by City Council for appointment to the Design Review Board. After the conclusion of the interviews, Mayor Heitmann stated that appointments were scheduled for February 20, 2025 during the Regular City Council meeting. Agenda Memorandum CRAAB - Keith Choff Application CRAAB - Liset Zelaya Application CRAAB Code Design Review Board - Irma Sefa Application DRB Code 7) DISCUSSION ITEMS 7.A) PRESENTATION ON FLOOD MITIGATION METHODS FOR EXISTING RESIDENTIAL STRUCTURES. City Manager Gary Young briefly reviewed the agenda memorandum before introducing Director of Building Services, Stephen Beckman, who used an electronic presentation to provide information on flood mitigation methods for existing residential buildings, and the possible use of flood panels. Director Beckman noted that on January 2, 2025, the Florida Department of Emergency Management (FDEM) alerted staff that a residential building had been dry floodproofed in violation of the Florida Building Code (FBC) and National Flood Insurance Program (NFIP). Staff then did their own investigation and analysis on the viability of the flood panels, and held discussions with FDEM officials, which eventually resulted in FDEM agreeing that flood panels could be used in some cases following strict guidelines. Director Beckman stated that after conducting public outreach and staff meetings, it was determined that the existing building in question had not installed flood panels for flood code compliance but rather as a means to mitigate flood events. He emphasized that this distinction was critical, as the FBC, the Federal Emergency Management Agency (FEMA), and the NFIP do not prohibit additional protective measures for buildings, provided they are not used to achieve compliance. Director Beckman confirmed that the City’s position had been validated by the Deputy State Floodplain Manager, allowing the use of dry floodproofing panels as a mitigation method under certain conditions. He said that these conditions include: 1) the proposed work, combined with any other work undertaken at the same time, is determined to not be substantial improvement of the existing building and is not proposed if a building is determined to have incurred substantial damage; 2) the proposed work is determined feasible and will not make the building unsafe, which should be based on an engineering evaluation of the structural integrity of the building with respect to resisting flood loads based on site-specific conditions and the proposed design; 3) the proposed work does not make a nonconforming building more nonconforming; 4) the proposed work does not violate any terms of the original permit that authorized construction in a flood hazard area; and 5) the proposed work is authorized by a permit. Director Beckman then reviewed guidance for residential homeowners, outlining permitting requirements and mitigation options for new construction, legal non-conforming construction, and existing structures. He provided a list of approved flood mitigation equipment and discussed the risks and benefits of dry floodproofing. To conclude his presentation, Director Beckman described the City’s role in shaping the future of dry floodproofing, emphasizing the need for clear regulations, enforcement measures, and ongoing collaboration with state and federal agencies. Council Member Petrunoff asked about the turnaround time for permits for flood panels. In response, Director Beckman stated that permits for single-family homes can typically be completed within one day, while permits for multi-family buildings generally take between one to three days. He added that the City must follow Federal and State requirements and that local requirements cannot be less restrictive than those established at the Federal and State levels.

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 3 In response to Council Member Barton, Director Beckman explained that any apparatus that does not attach to a single-family home does not require a permit. He noted that only three permit applications had been submitted to date. Council Member Petrunoff said she had been compiling a list of design professionals qualified to perform flood panel-related tasks. Citing concerns about the City appearing to endorse private businesses, City Manager Young advised against posting the list on the City’s website. Instead, he suggested informing citizens who inquire that such a list is available. Council Member Barton warned that noncompliance with State and Federal Building Codes could lead to a downgrade in the City’s NFIP rating, potentially resulting in higher flood insurance rates for the entire community. In response to Vice Mayor Hutchison, Director Beckman explained that permits were required only for the installation of flood panels, not for their use during flood events. Council Member Penniman expressed the need for the City to take a more active role in keeping residents informed about the dry floodproofing approval process and connecting citizens with design professionals. In response to Council Member Christman, Director Beckman expressed confidence that the current dry floodproofing approval process would be sufficient moving forward. However, he noted that, based on new information, the process would be revised accordingly. He said the changes would make the approval process as efficient as possible and assured that he would keep the public informed about any updates to ensure transparency. Public Comment: General Contractor Ken Prichard stated that he has collaborated with numerous homeowners in Southwest Florida to evaluate whether their structures are suitable for flood panel installation. He noted that feedback from homeowners could provide valuable insights for the City and offered to work with City staff to share his findings. Lauren Battle spoke about flooding that occurred in two of her dwellings through the concrete slab and pipes. She expressed hope that City officials would explore alternative solutions beyond flood panels to protect homes like hers from future flooding. In addition, she expressed the opinion that the City should address infrastructure issues in the River Park East neighborhood before considering the purchase of the Stillwater Cove property. Mike Faucett, President of the Olde Naples Seaport Condo Association and the North Naples Bay Association and a member of the City’s Code Enforcement Board, questioned the apparent inconsistency in the City’s consideration of temporary and permanent flood panels, noting that both types obstruct egress. John Hennesey suggested creating carve- outs in the flood panel permit process to allow for the protection of specific areas, such as electrical rooms and elevators, without requiring permits. John Wilkinson, from Sunmaster Naples, said his company has installed flood panels at many non-residential buildings on 3rd Street South and 5th Avenue South. He stated that he has been awaiting direction from the City before applying for flood panel approvals. Now that the approval process has been released, he said many applications will be filed. He urged the City to engage in efforts to educate the public on the available options for protecting their homes during flood events. Engineer and Licensed Contractor, Matt Noltall noted that homeowners' interest in flood panels has risen following recent hurricanes and related flooding. He stated that while flood panels can help mitigate flooding for existing structures, they are not as effective as dry floodproofing, which is required for new construction. He emphasized that although calculations are essential, the true strength of flood panels can only be tested during an actual storm event. Recess: 11:05 a.m. to 11:17 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. In response to public comments, Director Beckman said carve-outs to allow tenants to install flood panels around critical infrastructure would be possible but emphasized that input from design professionals would be necessary. Fire Chief Phil Pennington noted that each request involves variables that require individual consideration. He also highlighted the importance of access to

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 4 alarm panels in buildings, as it is critical for responders to quickly identify the location of emergency issues. Regarding a public comment about inconsistency in the City’s consideration of temporary and permanent flood panels, Director Beckman stated that the City is required by law to inspect permanent alterations made to a building. He added that the City has no authority over temporary measures citizens take to protect their properties before storms. He noted that wording to reflect this policy can be found on the City website. Council Member Petrunoff suggested eliminating the term "dry floodproof" from discussions, noting that it invites unintended rules and prohibitions. Instead, she proposed using the phrase "additional mitigants". She recommended adopting special carve-out rules for mechanical rooms that do not require egress. She also questioned why the City prohibits storm panels that block egress while allowing egress-blocking plywood or sandbags. In addition, she asked about posting a list of best practices on the City website to highlight various flood prevention solutions. She suggested inviting some of the professional engineers who spoke that day to share their ideas with staff. In response to Council Member Barton, Director Beckman suggested that the only way to mitigate flooding that seeps through the slab is to conduct a thorough inspection. To clarify, he said dry floodproofing is a construction term that describes measures taken during the construction process that protects structures from flooding. Installing flood panels on existing homes is not considered dry floodproofing, he insisted. In response to City Attorney Matthew McConnell, Director Beckman clarified that the Building Code requires inspections for alterations that impose loads to ensure the structure can withstand those forces. In response to Vice Mayor Hutchison, Director Beckman said property owners are responsible for determining the root cause of flooding that rises from within the four walls of a structure. Agenda Memorandum Presentation - Flood Mitigation Methods for Existing Residential Buildings City of Naples Guidance for Multi-family Buildings on use of Flood Panels as Flood Mitigation Methods City of Naples Guidance for Single-Family Buildings on use of Flood Panels as Flood Mitigation Methods City of Naples Relevant Code Sections for use of Flood Panels as Allowable Mitigation Methods, Permitting, Submittal and Review Requirements 7.B) DISCUSS REGULATION OF UNDERGROUND PARKING. City Attorney Matthew McConnell introduced the item and provided a brief overview of City Councils previous discussions on underground parking, noting that in September 2023, staff was directed to prepare underground parking regulations. At that time, it was suggested that all underground parking approvals be paused until regulations were established. He noted that the five underground parking locations in the City were all approved through a conditional use process by City Council. He explained that the purpose of the discussion was to consult with City Council to gather input that would assist him and staff in developing standards for future regulations. In response to Council Member Kramer, City Attorney McConnell confirmed that using underground parking to satisfy a development’s parking requirements is not prohibited. Council Member Kramer added that the technology and engineering required for underground parking near oceans are well-established, citing successful implementations in various locations. He suggested that after Senate Bill 250 (SB 250) expires, the City may require petitioners requesting underground parking to dedicate a percentage of their property to green space as a condition for approval.

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 5 City Attorney McConnell requested that City Council Members focus on presenting ideas rather than debating feasibility, assuring them that he and staff would evaluate what can be implemented. City Manager Gary Young added that once Council Members suggestions are gathered, staff will compile background information in preparation for a May Workshop meeting when the discussion will continue. Mayor Heitmann requested clarification on the existing Florida Building Code criteria used by the Building Department for underground parking approvals. In response, Director of Building Services Stephen Beckman stated that the Code encompasses electrical, plumbing, mechanical, and structural criteria, along with various methods of floodproofing. He added that the Florida Building Code does not prohibit underground parking in Naples. Council Member Petrunoff stated that Chapter 44 of the City Code does not allow underground parking garages, as it only permits structures that are explicitly listed in the regulations. However, she asserted that the Code could be amended to allow for underground parking garages. To do so, she offered the following steps: 1) amend the Code to allow underground parking garages as a conditional use; 2) follow the construction regulations found in Chapter 16 of the Code; 3) follow the Florida Building Code; 4) have the Planning and Legal Departments draft language in the Code to allow for parking garages to be considered as a conditional use; and 5) incorporate additional criteria to reflect the dangers of lithium batteries in electric vehicles and safer locations for electrical and fire panels. Council Member Petrunoff emphasized that any Code amendment must not violate the City’s Charter Height Amendment, then provided a review of its provisions. City Attorney McConnell stated that the Code permits parking garages as a conditional use. To specifically address underground parking garages, he suggested clarifying where height measurements begin in the Code. He noted that a previous City Council had determined that building height is measured from above the parking level, as seen at Bayfront. Council Member Petrunoff suggested that the Bayfront determination was incorrect and cautioned against relying on historically poor definitions when interpreting the Code. In response to Mayor Heitmann, City Attorney McConnell asserted that there is no definition of a parking garage in the Code, however there are mentions of parking garages as conditional uses in multiple zoning districts. City Attorney McConnell clarified that when the Charter Height Amendment was passed, it specified that building height is measured starting from the Federal Emergency Management Agency (FEMA) elevation to the top of the structure. He noted that previous City Councils have approved architectural embellishments exceeding the 42-foot limit. He emphasized the importance of City Council providing clear guidance on what factors staff should analyze when reviewing future underground parking requests. Council Member Kramer asserted that when citizens initially considered the Charter Height Amendment, their primary concern was the height of buildings above ground, rather than any underground construction. Council Member Petrunoff stated that the Charter Height Amendment requires meeting two criteria: 1) a maximum height of 42 feet and 2) a limit of three floors, as defined by the Florida Building Code, which considers underground parking structures as a floor. Council Member Barton emphasized the importance of updating the Code to explicitly allow underground parking as a conditional use. He proposed including a provision that would require property owners to take responsibility for removing electric vehicles before flood events. After reviewing past meeting minutes to gauge previous City Council opinions on whether underground parking should be classified as a building floor, Council Member Christman stated that the issue remains unclear. He stated that classifying underground parking as a floor would reduce the overall developable square footage of a building, effectively creating a de facto

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 6 moratorium on underground parking. He expressed the opinion that, aesthetically, underground parking was preferable to surface parking. Council Member Christman noted the high construction costs of underground parking, stating that this alone would limit the number of requests. Nevertheless, he argued that the benefits outweigh the drawbacks and maintained that underground parking should remain a viable option for developers. In response to Mayor Heitmann, City Manager Young said staff would work on recommendations to bring back to the next Workshop. Council Member Christman stated that resolving the conflict between the Charter Height Amendment and the definition of a story or a floor is the principal task that staff needs to address. Council Member Penniman proposed adding language to the Code addressing the dewatering of underground parking garages after flood events. Vice Mayor Hutchison spoke about the unsightly and unsafe conditions of the underground parking garage at the former Plaza on 3rd Street and questioned why the City believes it will be able to better maintain underground parking moving forward. He then cited the poor performance of the underground parking garage on 5th Avenue South during recent flood events and questioned the wisdom of approving such parking garages. Vice Mayor Hutchison expressed opposition to the proliferation of underground parking, underground parking garages and underground parking lots, and said the variance process should be used by those who wish to propose such a building feature. Vice Mayor Hutchison mentioned autonomous, or self-driving vehicles, which he believed will eventually replace valet parking. He expressed the opinion that these vehicles, being more efficient in terms of space, will fit more easily in parking lots and, as a result, could increase density and intensity. Vice Mayor Hutchison asked how many stories underground would be permitted for underground parking if it were allowed. In addition, he warned of how underground parking could adversely affect the City’s insurance rates. He also made the claim that underground parking does not promote resiliency and poses a flooding risk to nearby properties and does not adhere to the City’s Comprehensive Plan and other guiding documents. Vice Mayor Hutchison posed additional questions related to managing underground parking garages in the Community Redevelopment Agency (CRA), including, using underground parking by valet companies as a revenue source, private versus public parking space designations, Code related to electric vehicle parking in underground parking garages, electrical inspection in underground parking garages, effectively managing underground parking garages, installation of flood panels, and pumping contaminated water from the underground parking garages. Council Member Kramer stated that he would only support underground parking if its approval resulted in increased green space. In response to Council Member Petrunoff, City Attorney McConnell explained that the Code does not permit the City to revoke a conditional use once a building permit has been issued, as reversing construction is impractical. Council Member Petrunoff then suggested requiring variances for underground parking requests instead. City Attorney McConnell suggested evaluating underground parking garages within the existing classification of parking garages, which are already considered a conditional use. A discussion followed on whether the Charter Height Amendment applies solely to Commercial Zoning Districts or also extends to Mixed-Use Planned Developments. Council Member Christman expressed the opinion that the Charter Height Amendment and related issues will never reach closure until there is a court case that provides a ruling. Agenda Memorandum September 20, 2023 City Council Meeting Minutes Vose Law Underground Parking Opinion Revised Vose Law Underground Parking Opinion

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 7 Charter Amendment Height Timeline 1999-2015 Prepared by Bob Pritt 2019 Building Heights Memo Story, Floor & Heights Prior Legal Opinions on Height Density & Underground Parking Density & Underground Parking - Backup Past Presentation Underground Parking 2005 Email Handout (ADDED ATTACHMENT / Council Member Petrunoff) 8) PUBLIC COMMENTS None. 9) COMMUNICATIONS FROM THE MAYOR, CITY COUNCIL, AND STAFF Council Member Christman announced that he will be moderating the Coastal Resiliency Forum on February 25, 2025, and noted that another resiliency-focused forum is scheduled March 18, 2025. He encouraged Council Members and staff to attend. Vice Mayor Hutchison requested that staff investigate why Code Enforcement permitted contaminated water to remain in the underground parking garage at the former Plaza on Third Street. He also inquired about necessary changes in enforcement if future underground parking garages are approved. Mayor Heitmann inquired about the planned roundabout for the Old Naples Hotel project. City Manager Gary Young responded that the item is scheduled for discussion at the March 5, 2025, Regular City Council Meeting. Mayor Heitmann also questioned the necessity of retaining the Fifth Avenue South Overlay District, stating that incentives in that area are no longer needed. She then requested an update on the South Golf Drive Complete Street project. Additionally, she emphasized the importance of sharing correspondences regarding the Gulf Shore Boulevard Outfall project with neighborhood associations. At Mayor Heitmann’s request, City Manager Young confirmed that he would provide a debrief report on the recent Cars on Fifth event. Council Member Petrunoff clarified that the Charter Height Amendment requires compliance with two criteria: 1) a maximum height of 42 feet and 2) a limit of three floors. Council Member Kramer clarified that neither criterion outweighs the other. He explained that if a level below the Federal Emergency Management Agency (FEMA) elevation is counted as a story, the 42-foot height limit would no longer apply. In that case, the three-story limit would take precedence over the height restriction at FEMA elevation, which he maintained cannot happen. Newsletter on Stormwater Beach Outfall Project (ADDED ATTACHMENT / Staff)

City Council Workshop Meeting – February 18, 2025 – 8:32 a.m. 8 10) ADJOURNMENT 2:02 p.m. _______________________ Teresa Lee Heitmann, Mayor ______________________________ Patricia L. Rambosk, City Clerk Meeting clerked by: ________________________________ Jessica R. Rosenberg, Deputy City Clerk Minutes prepared by: ________________________________ Dave Horton, Executive Assistant Minutes Approved: 3/19/2025.