City Council

City Council Minutes – 10-11-2023 – T. Melton Page 1 of 9 CITY OF BRADENTON CITY COUNCIL MEETING MINUTES October 11, 2023 8:30 A.M. The City of Bradenton City Council met in the City Hall Council Chamber, 101 Old Main Street, Bradenton, Florida, at 8:30 a.m. on Wednesday, October 11, 2023. Present: Mayor Gene Brown; Vice Mayor and Councilwoman Ward I Jayne Kocher; Councilwoman Ward II Marianne Barnebey; Councilman Ward III Josh Cramer; Councilwoman Ward IV Lisa Gonzalez Moore; and Councilwoman Ward V Pam Coachman. City Officials: Rob Perry, City Administrator; Melanie Bevan, Police Chief; Tim Geer, Fire Chief; Jim McLellan, Public Works & Utilities Director; Robin Singer, Planning & Community Development Director; Nilsa Taylor, Administrative Services Director; Lance Williams, Finance Director; Karen Lanke, IT Director; Tamara Melton, City Clerk; and Scott Rudacille, City Attorney. The pre-meeting invocation was led by Pastor Lucus Ashley with The Bridge Church. (The City does not endorse the religious beliefs of any speaker.) PROCLAMATIONS: a) Legislative: Brandon Carnes Day - October 11, 2023 Brandon Carnes accepted the proclamation and spoke fondly of his history with Mayor Brown, future competitions he would participate in, and giving back to the community. b) Legislative: Pharmacy Week - October 15-21, 2023 James Wengerd, Director of Pharmacy for Manatee Memorial Hospital, accepted the proclamation and stressed the importance of the public notifying their doctors which medications they are taking. PRESENTATIONS: None. CITIZEN COMMENTS: Mike Meehan voiced his concerns with the water quality in north Palma Sola Bay. Vice Mayor Kocher encouraged citizens to reach out to the Sarasota Bay Estuary Program staff to learn more about vertical oyster gardens. She said the gardens could be placed under docks and are proven to improve water quality. Mayor Brown said data from the Sarasota Bay Estuary Program indicated that Palma Sola Bay water quality was very good and thanked Mr. Meehan for his efforts in keeping the Palma Sola Causeway beautiful. CONSENT AGENDA: Approved by City Council December 13, 2023

City Council Minutes – 10-11-2023 – T. Melton Page 2 of 9 a) City Administration: Interlocal Agreement with Manatee County for the City Park Project b) City Administration: Resolution 23-73 - Code Enforcement and Compliance Policy & Procedures c) Clerk: Minutes from the August 15, 2023 City Council Workshop d) Clerk: Minutes from the September 7, 2023 City Council Budget Meeting e) Clerk: Minutes from the September 13, 2023 City Council Meeting f) Clerk: Minutes from the September 20, 2023 City Council Budget Meeting g) Clerk: Minutes from the September 27, 2023 City Council Meeting h) Clerk: Resolution 23-81: Council of Governments Meeting i) Event Review Committee: Main Street Live j) Legal: City of Bradenton v. Diversified Underground Services, Inc., et. al. MOTION TO APPROVE THE CONSENT AGENDA was made by Councilwoman Barnebey and seconded by Vice Mayor Kocher. The motion passed 5-0. BUSINESS/ADVERTISING, PETITIONS, HEARINGS & COMMUNICATIONS: Tamara Melton, City Clerk, administered the oath to anyone that wished to speak during the quasi- judicial public hearings. a) Planning & Community Development: Quasi-Judicial: Resolution 23-76 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3297 TO OPERATE A DRIVE-THRU RESTAURANT FACILITY IN THE T4-O (GENERAL URBAN OPEN) ZONING DISTRICT FOR PROPERTY LOCATED AT 109, 116 AND 118 10 TH AVENUE EAST (PARCEL IDS 4620200008, 4622000000 AND 4621900002) BRADENTON, FLORIDA, AND MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Jamie Schindewolf, Senior Planner, explained SU.23.3297 was a request to operate a drive-through restaurant in the General Urban Open zoning district. She added that the matter before Council was to approve the use and not the site plan. Ms. Schindewolf presented a conceptual site plan, general special use standards, and access standards. She concluded that staff recommended approval with the stipulations included in the Staff Report. Staff Recommendation: “Staff recommends APPROVAL of the requested Special Use Permit SU.23.3297 with the following stipulations: 1. The site plan and elevations shall be reviewed through the Form-based Code review process, and shall be approved with adjustments as determined by the PCD Director. 2. An opaque fence and landscaping will be provided between the drive-thru restaurant and the parcel to the east. 3. The parking spaces on the northern parcel will be oriented away from the single-family home to the east. 4. Pedestrian safety features will be added and approved with the Site Improvement Permit.

City Council Minutes – 10-11-2023 – T. Melton Page 3 of 9 5. Modifications to the site plan during the Site Improvement Permitting phase shall be reviewed for compliance with the Florida Fire and Building Codes and with City of Bradenton Form-based Code and Land Use regulations, as applicable. 6. Modifications to the site plan during the Site Improvement Permitting phase shall reflect safe and logical traffic circulation and pedestrian access. On September 20, 2023, the City of Bradenton Planning Commission recommended approval with the above stipulations.” Vice Mayor Kocher voiced concerns about the possibility that the two parcels could be sold to separate owners in the future. Robin Singer, Planning and Community Development Director, announced that a unity of title could be an added stipulation. Councilwoman Gonzalez Moore questioned if an additional stipulation could be added to require the owner to add a hedge or buffer between the parking area and the residence adjacent to the property. Ms. Schindewolf agreed that stipulation could also be added. Robert Schmidt with Land Planning Associates and representative for the applicant approached the podium and said the owner had no objection to the unity of title requirement. He explained that the subject parcels, as well as Insurance Direct and Tropical Smoothie Café, were owned by the same person. Mr. Schmidt explained the restaurant would be a breakfast-type restaurant, and there should only be minimal evening traffic. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed. MOTION TO APPROVE RESOLUTION 23-76 WITH THE RECOMMENDED STAFF STIPULATIONS INCLUDING ADDITIONAL STIPULATIONS THAT A UNITY OF TITLE WOULD BE RECORDED JOINING THE SOUTHERN PARCELS AND THE NORTHERN PARCEL USED FOR PARKING AND AN OPAQUE FENCE AND LANDSCAPING WILL BE PROVIDED BETWEEN THE NORTHERN PARCEL USED FOR PARKING AND THE PARCEL TO THE EAST was made by Councilwoman Gonzalez Moore and seconded by Councilwoman Coachman. Scott Rudacille, City Attorney, asked Mr. Schmidt if the applicant had any objections to the additional stipulations. Mr. Schmidt said the applicant did not object to the stipulations. The motion passed 5-0. b) Planning & Community Development: Quasi-Judicial: Resolution 23-77 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3543 TO EXPAND A LIGHT INDUSTRIAL USE LOCATED AT 1410 8TH AVENUE EAST AND 1415 9 TH AVENUE EAST, BRADENTON, FLORIDA (PARCEL IDS 3247400059, 3247200003, AND 3247000007) IN THE T4-O ZONING DISTRICT AND MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Greg DeLong, Assistant Director of Planning & Community Development, explained that the applicant and owner of General Propeller requested to build a new 20,000-square-foot building and a parking lot with 24 spaces.

City Council Minutes – 10-11-2023 – T. Melton Page 4 of 9 Because the subject property was located within the Form Based Code area, Mr. DeLong explained that the request to build a light-industrial facility must be approved by the Planning Commission and City Council. Staff Recommendation: “Based on Staff’s findings in response to the review criteria established for a Special Use permit, Staff recommends Approval of Case SU.23.3543 with the following stipulations: 1. The site plan shall be reviewed through the Site Improvement Permit (SIP) process and the standard building and zoning review process. Any deviations from the Form Based Code are subject to administrative adjustments or are subject to the variance procedure outlined in Section 1.10 of the Form Based Code. 2. Off-street parking must be screened per the Form Based Code, unless an administrative adjustment is granted. 3. Building must meet the design requirements of the Form Based Code, unless an administrative adjustment is granted. On September 20, 2023, Planning Commission recommended approval of Case SU23.3543 with the above listed stipulations (vote 6-0).” Clay Gilman, with Macfarlin Ferguson and McMullen, and representative for the applicant, thanked City staff for their assistance with the project thus far. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed. MOTION TO APPROVE RESOLUTION 23-77 WITH THE RECOMMENDED STAFF STIPULATIONS was made by Councilwoman Coachman and seconded by Councilwoman Gonzalez Moore. The motion passed 5-0. c) Planning & Community Development: Quasi-Judicial: Resolution 23-78 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3623 FOR A PUBLIC FACILITY USE, TO INCLUDE A NEW TELECOMMUNICATION TOWER AND SHELTER AT PROPERTY LOCATED AT 421 17th AVENUE WEST, PARCEL ID 4493800159, BRADENTON, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. DeLong explained that the current zoning does not technically allow for telecommunication towers; however, there is a clause to allow for public facility use. He said the property is currently zoned residential, and representatives from Manatee County would like to build a telecommunications tower there. He added that the proposed tower would replace an existing tower located adjacent to the County Administration parking garage downtown. Mr. DeLong said staff encouraged Manatee County representatives to request a zoning change to better suit the intended use of the property. He presented the current conditions of the area, which contained mostly businesses.

City Council Minutes – 10-11-2023 – T. Melton Page 5 of 9 Staff Recommendation: “Based on Staff’s findings in response to the review criteria established for a Special Use permit, Staff recommends Approval of Case SU.23.3623. On September 20, 2023, Planning Commission recommended approval of Case SU.23.3623 as submitted (vote 6-0).” Councilwoman Coachman voiced concerns with the placement of the tower because of residences located close to the property. John Hamill, Radio Division Manager with Manatee County, explained that when researching properties, there were several criteria used to find a location, including the distance from the current tower to not interrupt coverage. He said the proposed compound would be large enough to contain any fallout, should there be damage to the tower. He added that the tower would be designed to collapse straight down and not hinder public safety. Mr. Hamill explained that the tower would provide all of the safety communications for the City of Bradenton, Palmetto, and western Manatee County. He said the tower would be designed to withstand a Category 5 hurricane. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed. MOTION TO APPROVE RESOLUTION 23-78 AS SUBMITTED was made by Councilman Cramer and seconded by Councilwoman Barnebey. The motion passed 5-0. d) Fire: Ordinance 4022 - SECOND READING AND PUBLIC HEARING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING CHAPTER 42, ARTICLE I, II, AND III RELATING TO FIRE PREVENTION AND PROTECTION; REVISING CHAPTER 42, ARTICLE I, II, AND III, TO REMOVE DUPLICATIVE LANGUAGE FROM THE FLORIDA FIRE PREVENTION CODE AND TO CLEAN UP LANGUAGE AND CODE NUMBERS TO ALLOW EASIER READING AND UNDERSTANDING OF CHAPTER 42; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Tim Geer, Fire Chief, explained Ordinance 4022 was designed to clean up obsolete language in the Code of Ordinances. He said every three years, the State Fire Marshall requires municipalities to update the language. Attorney Rudacille noted Section 42-42 was revised because a specific resolution number was referenced establishing fees. He said the resolution number was removed and replaced with language that the fees would be established by resolution. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed.

City Council Minutes – 10-11-2023 – T. Melton Page 6 of 9 MOTION TO APPROVE ORDINANCE 4022 AS AMENDED was made by Councilwoman Barnebey and seconded by Vice Mayor Kocher. The motion passed 5-0. e) Planning & Community Development: Ordinance 4017 - FIRST READING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING THE BRADENTON FORM BASED CODE TO CREATE ARTICLE 1, SECTION 1.12, BUILDING HEIGHT INCENTIVES, TO PROVIDE A TIME LIMITED HEIGHT INCENTIVE IN THE T5 AND T6 ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Singer announced Ordinance 4017 would provide incentives for building height for market-rate residential units in the downtown area. She said the targeted areas are located within the T5 and T6 zoning districts. She presented information regarding building height restrictions in the Form Based Code, which depicted a maximum height of 12 stories in the T5 district and 20 stories in the T6 district. Ms. Singer explained there were several incentives through the state for developers who wished to build workforce housing. She said staff is recommending that City Council grant approval of the following under this program for properties in the subject area, subject to the approval criteria under Section 1.10.6 of the Form Based Code: • T5 and T6 properties in the described area may be granted the workforce housing height bonus in Table 4.4 without providing workforce housing or payment into the Workforce Housing Trust Fund. • T6-zoned properties in the described area may be granted additional height beyond the 10- story maximum without providing workforce housing or payment into the Workforce Housing Trust Fund as required under 1.10.2.B.II. • T5 properties in the described area may be granted the same building height bonuses as allowed in the T6 zone under Table 4.4, subject to the same restrictions regarding public art and LEED or Green Building Certification and the same building configuration requirements as shown in Table 4.5. As provided in Section 1.12.2.A, T5 properties may be granted the workforce housing height bonus without providing workforce housing or payment into the Workforce Housing Trust Fund. • In both the T5 and T6 zones in the described area, garage levels above the ground floor will not be counted as stories provided that not more than 25% of the floor area of those levels were dedicated to nonvehicular uses and that at least 60% of the ground floor area is dedicated to usable retail or office space. Ms. Singer reiterated that each proposed development must still come before City Council for approval and then provided approval criteria. Discussion: Increasing density downtown and workforce housing projects in other areas of the City. The second reading and public hearing for Ordinance 4017 was scheduled for November 1, 2023. f) Planning & Community Development: Resolution 23-82

City Council Minutes – 10-11-2023 – T. Melton Page 7 of 9 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BRADENTON, FLORIDA, SETTING THE PUBLIC HEARINGS FOR ORDINANCE 4018 ADOPTING TEXT AMENDMENT PETITION LU.23.3495 TO BE HELD AS PART OF THE REGULAR CITY COUNCIL MEETINGS COMMENCING AT 8:30 A.M.; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO APPROVE RESOLUTION 23-82 was made by Councilwoman Gonzalez Moore and seconded by Vice Mayor Kocher. The motion passed 5-0. g) Planning & Community Development: Ordinance 4018 - FIRST READING AND PUBLIC HEARING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING CHAPTER 2.0, SECTION 2.2.4.1, TYPES OF SPECIAL USES, OF THE LAND USE REGULATIONS OF THE CITY OF BRADENTON, TO CLARIFY THE APPROVAL REQUIREMENTS FOR THE EXPANSION OF SPECIAL USES; AMENDING ARTICLE 4, TABLE 4.7, SPECIFIC FUNCTION AND USE, OF THE BRADENTON FORM BASED CODE, TO ADD USE CATEGORIES INCLUDING SECONDHAND STORE AND PAWNSHOP, AND CHANGING THE STATUS OF MEDICAL CLINICS IN CERTAIN DISTRICTS; AND AMENDING ARTICLE 12, OF THE FORM BASED CODE, DEFINITION OF TERMS, TO DEFINE PAWN, PAWNBROKER, SECONDHAND STORE AND PAWNSHOP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR RETROACTIVE APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Singer explained that during the zoning in progress, City Council requested to expand the definitions of Special Uses in the Bradenton Form Based Code. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed. The second reading and public hearing was scheduled for November 1, 2023. h) City Administration: City of Bradenton Surplus Property Review – PUBLIC HEARING Corey Fortin, Policy, Planning, Procedures, and Real Estate Administrator, explained Florida Statute 166.0451, which defines the requirements for disposition of municipal property for affordable housing, and Florida Statute 420.0004, which defines requirements for Social Welfare and Housing. Ms. Fortin presented several City-owned properties and requested City Council determine if the following properties should be deemed affordable housing or surplus: • 1701 Manatee Avenue East, Council determined the property was not suitable for affordable housing and declared the property as surplus. • 1719 Manatee Avenue East, Council determined the property was not suitable for affordable housing and declared the property as surplus. • 1723 Manatee Avenue East, Council determined the property was not suitable for affordable housing and declared the property as surplus. • 519 18 th Street East, Council determined the property was suitable for affordable housing. • 520 19 th Street East, Council determined the property was suitable for affordable housing. • 1125 8 th Avenue East, Council determined the property was not suitable for affordable housing and declared the property as surplus.

City Council Minutes – 10-11-2023 – T. Melton Page 8 of 9 • 102 17 th Avenue West, Council determined the property was suitable for affordable housing. • 907 15 th Street West, Council determined the property was suitable for affordable housing. • 1105 18 th Street West, Council determined the property was suitable for affordable housing. • 2104 12 th Avenue West, Council determined the property was not suitable for affordable housing and declared the property as surplus. • 2101 14 th Street West, Council determined the property was not suitable for affordable housing and declared the property as surplus. • 1108 2 nd Street West, Council determined the property was suitable for affordable housing. Chris Munyon, Community Redevelopment Agency (CRA) Manager, presented several CRA-owned properties and requested City Council determine if the following properties should be deemed affordable housing or surplus: • 1013 6 th Street East, Council determined the property was suitable for affordable housing. • 603 10 th Avenue East, Council determined the property was suitable for affordable housing. • 530 9 th Avenue East, Council determined the property was suitable for affordable housing. • 528 9 th Avenue East, Council determined the property was suitable for affordable housing. • 636 10 th Avenue East, Council determined the property was suitable for affordable housing. • 1223 8 th Street East, Council determined the property was suitable for affordable housing. • 918 3 rd Street East, Council determined the property was suitable for affordable housing. • 916 3 rd Street East, Council determined the property was suitable for affordable housing. The public hearing was opened. Those who wished to speak were invited to the podium. None came. The public hearing was closed. NEW BUSINESS BY DEPARTMENT HEADS, CITY ATTORNEY AND COUNCIL: a) City Administration: Update on City Hall Mr. Perry said he would provide an update at a future City Council meeting once more information was gathered regarding inspections for the building located at 1111 3 rd Avenue West. UNFINISHED BUSINESS: None. COUNCIL REPORTS: Councilwoman Ward II Marianne Barnebey: Councilwoman Barnebey commented on how happy she was to see Brandon Carnes and spoke very highly of the family. Councilwoman Barnebey announced she was made a great-aunt again and presented a picture of her new great-nephew. Councilman Ward III Josh Cramer: Councilman Cramer announced a trunk or treat event would be held at Christ Episcopal Church on October 25, 2023, at 5:00 p.m. Councilman Cramer announced there would be a marker-revealing ceremony on October 20, 2023, at 10:00 a.m. He explained that the event will be held in front of Tropical Palms Trailer Park and the marker would recognize the historical contributions of the Bradenton Kiwanis Club.

City Council Minutes – 10-11-2023 – T. Melton Page 9 of 9 Councilwoman Ward IV Lisa Gonzalez Moore: Councilwoman Gonzalez Moore announced she attended the Tampa Bay Regional Planning Council meeting on October 9, 2023. She spoke on the Regional Vulnerability Assessment that was performed in conjunction with the University of Florida and said she would be happy to share the information. Councilwoman Gonzalez Moore announced the Back to Angola kick-off event is scheduled for October 20, 2023, at 6:00 p.m. Councilwoman Ward V Pam Coachman: Councilwoman Coachman also spoke highly of the Carnes family. As it related to the Pharmacy Week proclamation, Councilwoman Coachman announced her first job was a Pharmacy Courier at Manatee Memorial Hospital. Vice Mayor and Councilwoman Ward I Jayne Kocher: Vice Mayor Kocher announced she attended the Village Green Homeowners’ Association meeting. She thanked all those involved for the invitation and commented on all the work the association does for the residents. Vice Mayor Kocher spoke highly of the National Night Out event held at the Morningside Community. Mayor Gene Brown: Mayor Brown spoke fondly of coaching Brandon Carnes and the relationship with the whole Carnes family. Mayor Brown shared his condolences for the Hassell family due to the recent passing of Terrence “Terry” Hassell. He spoke fondly of Mr. Hassell and the mentorship he offered through the Boys and Girls Club. DEPARTMENT HEAD REPORTS: Melanie Bevan, Police Chief, thanked everyone in attendance at the National Night Out event and said she would send invitations for future community events to Council. Chief Bevan explained the national average for female police officers was 14% and then proudly announced the Bradenton Police Department’s staff was currently at 21.4% for female officers. The meeting was adjourned at 11:39 a.m. NOTE: This is not a verbatim record. An audio CD or DVD recording of the meeting is available upon request.

Agenda

AGENDA

BRADENTON CITY COUNCIL MEETING

8:30 a.m. Wednesday, October 11, 2023

CITY HALL COUNCIL CHAMBERS - 101 OLD MAIN STREET

1.

INVOCATION & PLEDGE

Pastor Lucus Ashley with The Bridge Church

(The City does not endorse the religious beliefs of any speaker.)

2.

MEETING CALLED TO ORDER

3.

PROCLAMATIONS

a)

Legislative :

Brandon Carnes Day - October 11, 2023

Brandon Carnes Day Proclamation

b)

Legislative :

Pharmacy Week - October 15-21, 2023

Pharmacy Week Proclamation

4.

PRESENTATIONS

5.

CITIZEN COMMENTS

Citizen comment will be accepted during the Citizen Comment portion of the meeting on any non-agenda item, agenda item, future agenda item or topic of relevance to the City. Comments will be accepted on the public hearings at the appropriate time.

6.

CONSENT AGENDA

a)

City Administration :

Interlocal Agreement with Manatee County for the City Park Project

Interlocal Agreement with Manatee County

b)

City Administration :

Resolution 23-73 - Code Enforcement and Compliance Policy & Procedures

Resolution 23-73

c)

Clerk :

Minutes from the August 15, 2023 City Council Workshop

8-15-2023 City Council Workshop Minutes

AGENDA BRADENTON CITY COUNCIL MEETING 8:30 a.m. Wednesday, October 11, 2023 CITY HALL COUNCIL CHAMBERS - 101 OLD MAIN STREET 1. INVOCATION & PLEDGE Pastor Lucus Ashley with The Bridge Church (The City does not endorse the religious beliefs of any speaker.) 2. MEETING CALLED TO ORDER 3. PROCLAMATIONS a) Legislative: Brandon Carnes Day - October 11, 2023 Brandon Carnes Day Proclamation b) Legislative: Pharmacy Week - October 15-21, 2023 Pharmacy Week Proclamation 4. PRESENTATIONS 5. CITIZEN COMMENTS Citizen comment will be accepted during the Citizen Comment portion of the meeting on any non-agenda item, agenda item, future agenda item or topic of relevance to the City. Comments will be accepted on the public hearings at the appropriate time. 6. CONSENT AGENDA a) City Administration: Interlocal Agreement with Manatee County for the City Park Project Interlocal Agreement with Manatee County b) City Administration: Resolution 23-73 - Code Enforcement and Compliance Policy & Procedures Resolution 23-73 c) Clerk: Minutes from the August 15, 2023 City Council Workshop 8-15-2023 City Council Workshop Minutes d) Clerk: Minutes from the September 7, 2023 City Council Budget Meeting 9-7-2023 Bradenton Budget Meeting Minutes e) Clerk: Minutes from the September 13, 2023 City Council Meeting 9-13-2023 City Council Meeting Minutes f) Clerk: Minutes from the September 20, 2023 City Council Budget Meeting 1

9-20-2023 Bradenton Budget Meeting Minutes g) Clerk: Minutes from the September 27, 2023 City Council Meeting 9-27-2023 City Council Meeting Minutes h) Clerk: Resolution 23-81: Council of Governments Meeting Resolution 23-81 i) Event Review Committee: Main Street Live 2023 Halloween Celebration Application and Site Plan j) Legal: City of Bradenton v. Diversified Underground Services, Inc., et. al. Settlement and Release Agreement as to 10th Street Location Settlement and Release Agreement as to 14th Street Location 7. BUSINESS/ADVERTISING, PETITIONS, HEARINGS & COMMUNICATIONS ADMINISTRATION OF THE OATH Anyone wishing to address City Council during the following public hearings will please stand and raise your right hand: “Do you swear or affirm that the factual statements and representations which you are about to present to this board will be truthful and accurate?” a) Planning & Community Development: Quasi-Judicial: Resolution 23-76 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3297 TO OPERATE A DRIVE- THRU RESTAURANT FACILITY IN THE T4-O (GENERAL URBAN OPEN) ZONING DISTRICT FOR PROPERTY LOCATED AT 109, 116 AND 118 10TH AVENUE EAST (PARCEL IDS 4620200008, 4622000000 AND 4621900002) BRADENTON, FLORIDA, AND MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution 23-76 SU.23.3297 Application SU.23.3297 Staff Report SU.23.3297 Presentation 9-20-2023 Planning Commission Draft Minutes 2

b) Planning & Community Development: Quasi-Judicial: Resolution 23-77 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3543 TO EXPAND A LIGHT INDUSTRIAL USE LOCATED AT 1410 8TH AVENUE EAST AND 1415 9TH AVENUE EAST, BRADENTON, FLORIDA (PARCEL IDS 3247400059, 3247200003, AND 3247000007) IN THE T4-O ZONING DISTRICT AND MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution 23-77 SU.23.3543 Application SU.23.3543 Staff Report SU.23.3543 Presentation 9-20-2023 Planning Commission Draft Minutes c) Planning & Community Development: Quasi-Judicial: Resolution 23-78 - PUBLIC HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON GRANTING SPECIAL USE PERMIT NO. SU.23.3623 FOR A PUBLIC FACILITY USE, TO INCLUDE A NEW TELECOMMUNICATION TOWER AND SHELTER AT PROPERTY LOCATED AT 421 17th AVENUE WEST, PARCEL ID 4493800159, BRADENTON, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution 23-78 SU.23.3623 Application SU.23.3623 Engineering Certification SU.23.3623 Staff Report SU.23.3623 Presentation 9-20-2023 Planning Commission Draft Minutes d) Fire: Ordinance 4022 - SECOND READING AND PUBLIC HEARING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING CHAPTER 42, ARTICLE I, II, AND III RELATING TO FIRE PREVENTION AND PROTECTION; REVISING CHAPTER 42, ARTICLE I, II, AND III, TO REMOVE DUPLICATIVE LANGUAGE FROM THE FLORIDA FIRE PREVENTION CODE AND TO CLEAN UP LANGUAGE AND CODE NUMBERS TO ALLOW EASIER READING AND UNDERSTANDING OF CHAPTER 42; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance 4022 Business Impact Estimate for Ordinance 4022 3

e) Planning & Community Development: Ordinance 4017 - FIRST READING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING THE BRADENTON FORM BASED CODE TO CREATE ARTICLE 1, SECTION 1.12, BUILDING HEIGHT INCENTIVES, TO PROVIDE A TIME LIMITED HEIGHT INCENTIVE IN THE T5 AND T6 ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance 4017 Staff Report 9-20-2023 Planning Commission Draft Minutes f) Planning & Community Development: Resolution 23-82 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BRADENTON, FLORIDA, SETTING THE PUBLIC HEARINGS FOR ORDINANCE 4018 ADOPTING TEXT AMENDMENT PETITION LU.23.3495 TO BE HELD AS PART OF THE REGULAR CITY COUNCIL MEETINGS COMMENCING AT 8:30 A.M.; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution 23-82 g) Planning & Community Development: Ordinance 4018 - FIRST READING AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, AMENDING CHAPTER 2.0, SECTION 2.2.4.1, TYPES OF SPECIAL USES, OF THE LAND USE REGULATIONS OF THE CITY OF BRADENTON, TO CLARIFY THE APPROVAL REQUIREMENTS FOR THE EXPANSION OF SPECIAL USES; AMENDING ARTICLE 4, TABLE 4.7, SPECIFIC FUNCTION AND USE, OF THE BRADENTON FORM BASED CODE, TO ADD USE CATEGORIES INCLUDING SECONDHAND STORE AND PAWNSHOP, AND CHANGING THE STATUS OF MEDICAL CLINICS IN CERTAIN DISTRICTS; AND AMENDING ARTICLE 12, OF THE FORM BASED CODE, DEFINITION OF TERMS, TO DEFINE PAWN, PAWNBROKER, SECONDHAND STORE AND PAWNSHOP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR RETROACTIVE APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance 4018 Staff Report Application h) City Administration: City of Bradenton Surplus Property Review - PUBLIC HEARING Surplus Property Information 8. NEW BUSINESS BY DEPARTMENT HEADS, CITY ATTORNEY AND COUNCIL 4

a) City Administration: Update on City Hall 9. UNFINISHED BUSINESS 10. COUNCIL REPORTS 11. DEPARTMENT HEAD REPORTS 12. ADJOURN RULES OF PROCEDURE FOR AGENDA AND PUBLIC APPEARANCES BEFORE CITY COUNCIL Please place all cell phones on silent! PRIOR TO COUNCIL MEETING: Appointments on the agenda, all items from Department Directors and other interested parties must be submitted before 4:30 p.m. on the Wednesday preceding the Council meeting. Anyone wishing to be placed on the agenda must contact Tamara Melton, City Clerk, at City Hall by phone 941-932-9463 or email: tamara.melton@bradentonfl.gov and give their name, business name (if applicable), whether they are resident taxpayers of the City and their business before Council. Appearances before Council will be authorized by the Mayor or Councilperson in charge of the meeting. NOTE: The Mayor may ask a city department to look into an issue prior to the meeting to see if the issue can be resolved. If the Mayor or Councilperson in charge of the meeting feels the request is justified, they will instruct the City Clerk as to its placement on the agenda. Non-Discrimination Statement: The City of Bradenton prohibits discrimination in all of its services, programs or activities on the basis of race, color, age, disability, sex, national origin, religion, genetic information or marital status. Persons with a disability needing a reasonable accommodation to participate in, or who require assistance or an alternative means for communication of program information such as Braille, large print, etc., should contact as soon as possible, but at least 48 hours in advance: City of Bradenton ADA/Title VI Coordinator 101 Old Main Street Bradenton, FL 34205 ADACoordinator@cityofbradenton.com 941-932-9400 TTY: 7-1-1 or 1-800-955-8771 5

La ciudad de Bradenton proveera servicio de interprete a las personas quienes su primer lenguage no es el ingles. Si necesita estos servicios, usted o su representante puede comunicar al ADA/Title VI Coordinator, 101 Old Main Street, Bradenton, FL 34205. Tambien puede llamar al (941) 932-9470 o enviar correo electronico a ADACoordinator@cityofbradenton.com AT COUNCIL MEETING: Citizen comment will be accepted during the Citizen Comment portion of the meeting on any non-agenda item, agenda item, future agenda item or topic of relevance to the City. Citizen comment related to any public hearing item shall be provided during the duly noticed public hearing in order to maintain an accurate record of the proceedings. All citizen comments related to quasi-judicial items are required to be under oath and such comments will be invited to be presented during the duly noticed public hearing for such items. If an individual (or agent) wishes to address the City Council, they should complete a comment card available at the back of the Chamber and submit such card to the City Clerk. At the appropriate time during the meeting, the Mayor will call speakers to come forward. After being recognized by the Mayor, the individual should come to the podium and, for the public record, state their name and address, and then provide any relevant comments or testimony related to the item they wish to address. In the case of an agent, they shall identify themselves and the party they represent. The speaker should then proceed to state their position or present their information. An individual appearance for citizen comment will be limited to three (3) minutes unless additional time is permitted by the Mayor or consensus of the Council. Additional time will be allowed (up to 10 minutes at the discretion of the Mayor or consensus of the Council) for public hearing items if the speaker is officially representing a group of five or more people, provided that written authorization is provided that the person is authorized to speak on behalf of the group. Note: If handouts are being distributed, please provide a minimum of ten (10) copies to the City Clerk. If you wish to display a drawing or rendering, contact Tamara Melton, as indicated above, prior to the meeting. Any submissions commented on, photographs, letters, renderings, etc. will be kept by the City Clerk for the official record. PURSUANT TO FLORIDA STATUTE 286.0105: If an individual decides to appeal any decision made by the board, council, agency, or commission at this meeting, such individual will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6

PLEDGE OF PUBLIC CONDUCT We, the Mayor, City Council and Employees of the City of Bradenton, agree to: *Establish a process to promote positive interaction among ourselves and the citizens of Bradenton in a positive and non- threatening environment. *Encourage visible, involved and active participation among all. *Promote improved communication through active listening, providing feedback and honest expression of ideas. *Utilize consensus for decision making. *We realize that though we may disagree, we will be respectful of each other. *We will direct all comments to the issues and will avoid personal attacks. 7

AGENDA ITEM NO. 3.a Item Cover Page DATE: October 11, 2023 SUBMITTED BY: Tamara Melton, Legislative ITEM TYPE: Proclamation AGENDA SECTION: PROCLAMATIONS SUBJECT: Brandon Carnes Day - October 11, 2023 SUGGESTED ACTION: N/A CITY COUNCIL AGENDA ITEM REPORT Is this item Quasijudicial? No Does this item require a public hearing? No EXPLANATION: Proclamation recognizing Brandon Carnes' remarkable accomplishments. SUGGESTED MOTION: N/A ATTACHMENTS: Brandon Carnes Day Proclamation 8

City of Bradenton Office of the Mayor Proclamation By virtue of the authority vested in me as Mayor of the City of Bradenton, I do hereby issue this proclamation honoring Brandon Carnes Day October 11, 2023 Whereas, Brandon Carnes is a professional American sprinter for Team USA and a gold medalist who finished first place in the men’s 4x100-meter relay at the World Athletics Championships on August 26, 2023; and Whereas, Mr. Carnes is from Bradenton and attended Manatee High School, where he lettered all four years in track and field, was the All-Area Male Track Athlete in 2011, 2012, and 2013. He was the district and regional champion in the 100 meters and 200 meters in 2012 and 2013 and holds the school record in the 200 meters; and Whereas, after graduation in 2013, Mr. Carnes traded his red, white, and blue uniform for purple and gold at the University of Northern Iowa where he graduated with a Bachelor of Arts in Graphic Design in 2017; and Whereas, in May 2022, Mr. Carnes set a new personal best 100m time of 10.02s in Ponce, Puerto Rico. He was bronze medalist in the 100m at the 2022 NACAC Championships held at the Grand Bahama Sports Complex in Freeport, Grand Bahama. He was then part of the victorious American 4x100m relay that won gold at the event. In June 2023, Mr. Carnes equaled his personal best 100m time in winning the Music City Track Carnival and was selected for the World Athletics Championships in August 2023; and Whereas, the community proudly joins the Mayor and City Council in congratulating Mr. Carnes on his many accomplishments on the track as well as his focus to continue to give back to the community that he was born and raised in. Now, Therefore Be It Resolved that, I, Gene Brown, as Mayor of the City of Bradenton, Florida, do hereby proclaim October 11, 2023 as “Brandon Carnes Day” in Bradenton, and extend our sincere appreciation for his remarkable accomplishments and send best wishes for continued success in all his future endeavors. Gene Brown Mayor October 11, 2023 9

AGENDA ITEM NO. 3.b Item Cover Page DATE: October 11, 2023 SUBMITTED BY: Tamara Melton, Legislative ITEM TYPE: Proclamation AGENDA SECTION: PROCLAMATIONS SUBJECT: Pharmacy Week - October 15-21, 2023 SUGGESTED ACTION: N/A CITY COUNCIL AGENDA ITEM REPORT Is this item Quasijudicial? No Does this item require a public hearing? No EXPLANATION: Proclamation recognizing pharmacists and pharmacy technicians. ATTACHMENTS: Pharmacy Week Proclamation 10

City of Bradenton Office of the Mayor Proclamation By virtue of the authority vested in me as Mayor of the City of Bradenton, I do hereby issue this proclamation honoring Pharmacy Week October 15-21, 2023 Whereas, pharmacists are experts in the successful use of today’s complex medications; and Whereas, patients in hospitals and outpatient clinics receive better care when pharmacists are directly involved in medication management decisions; and Whereas, pharmacists’ direct involvement in patient care helps reduce unnecessary costs and burden on the health system; and Whereas, the pharmacists and pharmacy technicians practicing in the acute and ambulatory care settings of Bradenton contribute to the health and well-being of our citizens; and Whereas, ASHP and Manatee Memorial Hospital have declared October 15-21, 2023, as Pharmacy Week. Now, Therefore Be It Resolved that, I, Gene Brown, as Mayor of the City of Bradenton, Florida, do hereby proclaim October 15-21, 2023 as “Pharmacy Week” in Bradenton, and urge all citizens to acknowledge the valuable services of the pharmacists and pharmacy technicians who work in inpatient, outpatient, home-care, and long-term-care settings and all they do to help patients make the best use of their medicines. Gene Brown Mayor October 11, 2023 11

AGENDA ITEM NO. 6.a Item Cover Page DATE: October 11, 2023 SUBMITTED BY: Rob Perry, City Administration ITEM TYPE: Agreement AGENDA SECTION: CONSENT AGENDA SUBJECT: Interlocal Agreement with Manatee County for the City Park Project SUGGESTED ACTION: Approval CITY COUNCIL AGENDA ITEM REPORT Is this item Quasijudicial? No Does this item require a public hearing? No EXPLANATION: Manatee County agreed to reimburse the City $1,666,666.67 each year for three years for the initial design, engineering, and construction of a third baseball field at LECOM Park for the City Park project. The attached Interlocal Agreement is scheduled to go before the BOCC on October 24, 2023. FINANCIAL IMPACT: $1,666,666.67 each year for three years with the total reimbursement not to exceed $5,000,000. ATTORNEY REVIEW/RECOMMENDATION: Attorney Rudacille reviewed the agreement. SUGGESTED MOTION: Motion to approve the Interlocal Agreement with Manatee County regarding the City Park project. ATTACHMENTS: Interlocal Agreement with Manatee County 12

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AGENDA ITEM NO. 6.b Item Cover Page DATE: October 11, 2023 SUBMITTED BY: Corey Fortin, City Administration ITEM TYPE: Resolution AGENDA SECTION: CONSENT AGENDA SUBJECT: Resolution 23-73 - Code Enforcement and Compliance Policy & Procedures SUGGESTED ACTION: Approve and adopt Resolution 23-73. CITY COUNCIL AGENDA ITEM REPORT Is this item Quasijudicial? No Does this item require a public hearing? No EXPLANATION: The City Council wishes to establish and memorialize a uniform set of procedures governing the code enforcement process to ensure compliance with Statutory requirements and uniformity of process. FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: Approved SUGGESTED MOTION: Motion to approve and adopt Resolution 23-73. ATTACHMENTS: Resolution 23-73 25

CITY OF BRADENTON RESOLUTION NUMBER 23-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON, FLORIDA, MEMORIALIZING THE PURPOSE, POLICY AND PROCEDURES GOVERNING THE CODE ENFORCEMENT PROCESS IN THE CITY OF BRADENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Bradenton seeks to establish a uniform set of procedures governing the code enforcement process; and WHEREAS, the City Council wishes to memorialize the procedures and guidelines to be followed by City personnel to ensure compliance with the Statutory requirements and uniformity of process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BRADENTON, FLORIDA: 1. The City of Bradenton hereby adopts the Code Enforcement and Compliance Policy and Procedures; 2. Said Policy consists of 11 pages and is attached to and a part of this Resolution; 3. This Resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED BY THE CITY COUNCIL FOR THE CITY OF BRADENTON, FLORIDA, WITH A QUORUM PRESENT AND VOTING ON THIS 11 th DAY OF OCTOBER, 2023. ATTEST: Tamara Melton Gene Brown CITY CLERK MAYOR APPROVED AS TO FORM: Scott Rudacille CITY ATTORNEY 26

1 3944706v1 City of Bradenton Policies, Procedures, Administrative Regulations CODE ENFORCEMENT AND COMPLIANCE POLICY & PROCEDURES Approved by City Council – Resolution 23-73 dated October 11, 2023 PURPOSE: The purpose of this policy is to establish a uniform set of procedures governing the code enforcement process in the City of Bradenton and to provide guidance to all Code Enforcement Division, Building Division and Fire Department personnel regarding strategies and best practices to ensure that the City’s Code of Ordinances are enforced both fairly and uniformly. OVERVIEW: Code Enforcement is a Division within the Planning & Community Development Department of the City of Bradenton. The Code Enforcement Division is responsible for providing for the overall health, safety and welfare of the community by ensuring compliance with the Code of Ordinances of the City of Bradenton, the International Property Maintenance Code, the Minimum Maintenance Standards, the Form Based Code and Land Use Regulations. Chapter 162 of the Florida Statutes outlines and provides the statutory authority for the Code Enforcement process. The City’s Code Enforcement Division’s focus is to assist all citizens with maintaining a safe, economically viable quality of life, with the goal of obtaining voluntary compliance through education and cooperation. The Building Division, in conjunction with the Fire Marshal or Deputy Fire Marshall, is responsible for ensuring the public safety, health and general welfare of the citizens of the City of Bradenton by ensuring the safety and structural integrity of all structures or portions thereof. AUTHORITY: Authority has been granted by the Bradenton City Council to enforce this Policy’s administration as it relates to the Code Enforcement and Condemnation Processes and the policies and procedures City personnel must follow in furtherance of the City’s mission to ensure that all properties are in compliance with the City’s Code of Ordinances and Land Use Regulations. PROCEDURES: A. Violations Code Enforcement proceedings must be initiated by a Code Enforcement Officer. These proceedings are initiated as a result of a finding that a property is in violation of the City’s Code of Ordinances. Violations are generally discovered as the result of either, receipt of a citizen complaint, or discovery by a Code Enforcement Officer during a routine inspection of an area. As set forth in F.S. Section 162.06, a code inspector may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance solely by way of anonymous complaint. A person who reports a potential violation of a code or ordinance must provide his or her name and address to the respective local government before an enforcement proceeding can occur, unless the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or 27

2 3944706v1 City of Bradenton Policies, Procedures, Administrative Regulations CODE ENFORCEMENT AND COMPLIANCE POLICY & PROCEDURES sensitive resources. Complaints are routed to the Division personnel as determined by the Compliance Manager. Signs located within a right-of-way will be removed. The Code Enforcement Officer will take a photograph of the location of the sign prior to removal. Any political sign that is removed, will be stored at City Hall until 10 days after the election. If not claimed prior to that time, the signs will be discarded. All other signs will be discarded immediately. Pursuant to the provisions of F.S. 162.06(b), unless the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources, a person who reports a potential violation must provide their name and address. The name and address of the complainant, will then be recorded in the Enterprise ERP Code Enforcement Module. It is the goal of the Code Enforcement Division to investigate all complaints, when possible, within one business day of receipt. All inspections must comply with federal, state and local laws. It is the responsibility of the Code Enforcement Officer investigating to determine the appropriate action to take based on the inspection of the premises and the gravity of the violation. For tracking and record keeping purposes, all inspections are entered into the Enterprise ERP Code Enforcement Module. The Code Enforcement Division considers complaints about construction work without a permit to be an imminent threat to public health, safety or welfare, and tree removal without a permit to be imminent destruction of habitat or sensi