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Regular City Commission Meeting

Monday, November 6, 2023 · Government meeting record

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Regular City Commission Meeting

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Book 68 Page 40377 11/06/23 9:00 AM. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 06, 2023 PRESENT: ABSENT: 9:02:24 AM. Mayor Kyle Scott Battie, Vice Mayor Liz Alpert, Commissioners Erik Arroyo, Jen Ahearn-Koch, and Debbie Trice, City Attorney Robert Fournier, City Manager Marlon Brown, and City Auditor and Clerk Shayla Griggs None Mayor Battie called the meeting to order at 9:02 AM. 9:02:49 AM. INVOCATION: City Auditor and Clerk Griggs 9:03:02 AM. PLEDGE OF ALLEGIANCE: Vice Mayor Alpert 9:03:26 AM. PLEDGE OF PUBLIC CONDUCT: City Auditor and Clerk Griggs 9:03:45 AM. Mayor Battie stated that before moving forward Commissioner Ahearn-Koch would like to speak, and Commissioner Ahearn-Koch stated that Thomas "Tom" Fuerst, a City resident, former Firefighter, and member of the Police Complaint Committee (PCC) passed away over the weekend, and the Mayor requested everyone to bow their heads for a moment of silence in his honor, which was received. 9:05:40 AM. APPROVE PROPOSED AGENDA SCHEDULE 9:05:47 A.M. A motion was made by Commissioner Ahearn-Koch, seconded by Commissioner Arroyo to approve the proposed Agenda Schedule, which carried by a 5-0 vote. 9:06:12 AM. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM Ill) 9:06:53 A.M. Citizens' Input received from individuals in the Chambers at City Hall.

9:20:47 A.M. 2. APPROVAL OF THE MINUTES (AGENDA ITEM IV-1 AND -2 ) 9:21 :33 A.M. A motion was made by Commissioner Ahearn-Koch, seconded by Commissioner Trice to approve the minutes of the October 02, 2023, Regular Sarasota City Commission Meeting, which carried by a 5-0 vote. 9:22 :03 A.M. A motion was made by Commissioner Ahearn-Koch, seconded by Commissioner Trice to approve the minutes of the Special Joint Meeting of the Sarasota City Commission and the Town Commission of Longboat Key of October 09, 2023, which carried by a 5-0 vote. 9:22:22 A.M. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM V I) 1) Receive and Accept Re: 2023 Sarasota County Unified Program for Public Information (PPI) Annual Evaluation Report (Agenda Item Vl-1) 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract Agreement between the City of Sarasota and Steller Development, Inc. {1TB 23-27PB) for Payne Park Auditorium Roof Replacement at a cost of $680,831.43 (Agenda Item Vl-2) 9:22:47 A.M. A motion was made by Commissioner Ahearn-Koch, seconded by Commissioner Arroyo to approve Item Nos. 1 and 2, which carried by a 5-0 vote. 9:23:02 A.M. 4. BOARD APPOINTMENTS (AGENDA ITEM VIII ) 1) APPOINTMENT RE: PUBLIC ART COMMITTEE (AGENDA ITEM Vlll-1) 9:23:19 A.M. City Auditor and Clerk Griggs presented. 9:24:05 A.M. Mayor Battie noted Commission consensus to appoint Kinsey Robb, as a Member of a local Arts Organization and Braden Cressell-Simmons, as a Students Taking an Active Role (STAR) Program Member to the Public Art Committee (PAC), and on behalf of the Commission congratulated them both on their appointment. 9:24:21 A.M. 5. UNFINISHED BUSINESS (AGENDA ITEM IX) 1) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 23-5490, AMENDING THE CODE OF THE CITY OF SARASOTA, CHAPTER 8, ANIMALS, ARTICLE I, IN GENERAL, BY ADDING A NEW SECTION 8-10 ENTITLED "NO-KILL Book 68 Page 40378 11/06/23 9:00 A.M.

Book 68 Page 40379 11/06/23 9:00 A.M. SHELTERS"; PROVIDING DEFINITIONS FOR THE TERMS ANIMAL SHELTER AND NO-KILL SHELTER; PROVIDING THAT ANIMAL SHELTERS IN THE CITY OF SARASOTA SHALL OPERATE AS NO-KILL SHELTERS, ETC. (TITLE ONLY) (AGENDA ITEM IX-1) City Auditor and Clerk Griggs read the second reading of proposed Ordinance No. 23-5490 by title only. 9:24:41 A.M. City Attorney Fournier presented. City Auditor and Clerk Griggs left and returned to her seat at 9:25 A.M. and left and returned to the Dais at 9:26 A.M. 9:27:25 A.M. The Commission posed questions which were addressed and spoke to the topic. 9:34 :57 A.M. Question posed by the City Manager to Commissioner Arroyo asking if he wanted Staff to bring back information related to Puppy Mills, Commissioner Arroyo stated yes. 9:35 :37 A.M. Question posed by the City Attorney to Commissioner Arroyo asking if he wanted to withdraw the second reading of proposed Ordinance No. 23-5490 from consideration, Commissioner Arroyo stated yes ; that he will withdraw the second reading of proposed Ordinance No. 23-5490. 9:35:45 A.M. Mayor Battie stated that there is No Action to be taken. 9:35 : 55 A.M. 2) ADOPTION RE: PROPOSED RESOLUTION NO. 23R-3207, RESCINDING THE DEVELOPMENT OF REGIONAL IMPACT APPROVAL OBTAINED BY THE SARASOTA MANATEE AIRPORT AUTHORITY WITH REGARD TO THE SARASOTA BRADENTON INTERNATIONAL AIRPORT, ETC. (TITLE ONLY) (APPLICATION NO. 22-DRl-01); AND APPROVAL OF DEVELOPMENT AGREEMENT 22-DA-01 AND GENERAL DEVELOPMENT PLAN 22-SP-17 FOR APPROVAL OF A 51,146 +/- RENTAL CAR FACILITY, A CELL PHONE LOT WITH BATHROOM STRUCTURE, A REMOTE PARKING LOT, A 60-ROOM 4-STORY HOTEL ON BLOCK 11, AS PREVIOUSLY APPROVED WITH SITE PLAN 18-SP-1 O; FOR SUBJECT PROPERTY AT 600 AIRPORT CIRCLE, 1151 AIR CARGO ROAD, 1106 RENTAL CAR ROAD, 1120 RENTAL CAR ROAD, 1121 RENTAL CAR ROAD, 1130 RENTAL CAR ROAD, 1150 RENTAL CAR ROAD, 1151 RENTAL CAR ROAD, 1171 RENTAL CAR ROAD, 1191 RENTAL CAR ROAD, 965 UNIVERSITY PARKWAY AND 975 UNIVERSITY PARKWAY; AND

i 9:36:20 A.M. ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 23-5500, TO REZONE THAT CERTAIN PARCEL OF REAL PROPERTY TOTALING APPROXIMATELY 88.85 ACRES, MORE OR LESS, LOCATED NORTH OF UNIVERSITY PARKWAY WHICH GENERALLY CONSISTS OF THE SOUTHERNMOST PORTION OF THE SARASOTA MANATEE AIRPORT AUTHORITY PROPERTY FROM THE GOVERNMENTAL (G) ZONE DISTRICT TO THE INTENSIVE COMMERCIAL DISTRICT (ICD) ZONE DISTRICT; ALL AS MORE PARTICULARLY SET FORTH HEREIN, ETC., (TITLE ONLY) (APPLICATION NO. 22-RE-03); AND AFFIRM THE PLANNING BOARD RECOMMENDATION TO APPROVE MAJOR CONDITIONAL USE 22-CU-04 AND SITE PLAN 22-SP-19, TO ALLOW CONSTRUCTION OF AVIATION AND SURFACE PASSENGER TERMINAL ACCESSORY USES WHICH CONSIST OF SURFACE PARKING, A RENTAL CAR FACILITY, AND AN AIRPORT MAINTENANCE FACILITY AS AVIATION AND SURFACE PASSENGER TERMINAL USES IN THE INTENSIVE COMMERCIAL DISTRICT (ICD) ZONE DISTRICT (APPLICATION NO. 22-CU-04 AND 22-SP-19); AND ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 23-5501, AMENDING REZONE ORDINANCE AMENDMENT ORDINANCE NO. 19-5280 WHICH AMENDED REZONE ORDINANCE AMENDMENT ORDINANCE NO. 07-4767 WHICH, PURSUANT TO APPLICATION NO. 07-ROA-02 REZONED APPROXIMATELY 7.84 +/- ACRES OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND AIRPORT CIRCLE WITH STREET ADDRESSES OF 965 AND 975 UNIVERSITY PARKWAY AND 1106 RENTAL CAR ROAD, FROM THE GOVERNMENTAL (G) ZONE DISTRICT TO THE INTENSIVE COMMERCIAL DISTRICT (ICD) ZONE DISTRICT AND ESTABLISHED MAXIMUM SQUARE FOOTAGE FOR OFFICE USES AND A MAXIMUM NUMBER OF HOTEL ROOMS SO AS TO SUBSTITUTE NEW DEVELOPMENT LIMITATIONS UPON THE REZONED PROPERTY BY REMOVING A STIPULATION THAT RESTAURANT AND OFFICE USES ON THESE PARCELS CAN ONLY BE ACCESSORY TO A HOTEL USE; ALL AS MORE PARTICULARLY SET FORTH HEREIN, ETC. (TITLE ONLY) (APPLICATION NO. 22- ROA-02) (APPLICANT: CHARLES D. BAILEY, JR. (DAN) ESQ., OF WILLIAMS PARKER LAW FIRM, AS AGENT REPRESENTING THE SARASOTA MANATEE AIRPORT AUTHORITY) (AGENDA ITEM IX-2) City Auditor and Clerk Griggs read the second readings of proposed Resolution No. 23R-3207 and proposed Ordinance Nos. 23-5500, and 23-5501 by titles only. 9:38 : 52 A.M. City Attorney Fournier presented and stated that the belief is there is a way to consolidate some of the seven items; however, the Commission should first move to adopt on second reading proposed Ordinance Nos. 23-5500 and 23-5501 . City Auditor and Clerk Griggs left and returned to her seat at 9:41 A.M. Book 68 Page 40380 11/06/23 9:00 A.M.

Book 68 Page 40381 11/06/23 9:00 A.M. 9:43:45A.M. Questions posed by Commissioner Ahearn-Koch to Ms . Christie were unable to be addressed and were deferred to and addressed by Charles "Dan" Bailey, 11, Attorney, Law Firm of Williams, Parker, Harrison, Dietz, and Getzen representing Sarasota-Bradenton (SRQ) International Airport, and Fredrick "Rick" Piccolo, SRQ International Airport, who came before the Commission , and Ms . Christie, Attorney Bailey, and Mr. Piccolo left the Dais. 9:48:14 A.M. A motion was made by Commissioner Trice, seconded by Commissioner Arroyo to adopt proposed Ordinance No. 23-5500 on second reading, which carried by a 5-0 vote . 9:49: 12 A.M. A motion was made by Commissioner Arroyo, seconded by Commissioner Trice to adopt proposed Ordinance No. 23-5501 on second reading , which carried by a 5-0 vote . 9:50 :00 A.M . A motion was made by Commissioner Arroyo, seconded by Commissioner Trice to affirm the Planning Board/Local Planning (PBLP) Agency recommendation to approve Major Conditional Use Application No . 22-CU-04 and Site Plan Application No . 22-SP-19, which carried by a 5-0 vote . 9:50:44 A.M. A motion was made by Commissioner Arroyo, seconded by Commissioner Ahearn-Koch to adopt proposed Resolution No . 23R-3207 on second reading, rescinding the Development of Regional Impact Application No . 22-DRl-01 approval obtained by the Sarasota Manatee Airport Authority with regard to the Sarasota Bradenton International Airport, which carried by a 5-0 vote. 9:51 :28 A.M. 3) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO . 23-5498, AMENDING THE SARASOTA CITY CODE, CHAPTER 34.5, VACATION RENTALS, TO INCREASE ALL APPLICATION AND INSPECTION FEES; TO PROVIDE THAT A CERTIFICATE OF REGISTRATION FORA VACATION RENTAL SHALL BE VALID FOR A PERIOD OF ONE YEAR RATHER THAN TWO YEARS; AND TO PROVIDE THAT A VACATION RENTAL SHALL BE SUBJECT TO MANDATORY RE-INSPECTION UPON ANNUAL RENEWAL OF THE CERTIFICATE OF REGISTRATION; ALL AS MORE FULLY SPECIFIED HEREIN; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (AGENDA ITEM IX-3) 9:51 :48 A.M. City Auditor and Clerk Griggs read the second reading of proposed Ordinance No. 23-5498 by title only. 9:52 :33 A.M. City Manager Brown stated that the item was placed under Unfinished Business as the result of not receiving a unanimous vote since Commissioner Arroyo voted no. 9:52:49 A.M. Citizens' Input received from an individual in the Chambers at City Hall.

9:55:47 A.M . The Commission spoke to the topic and posed questions which were addressed . 10:13: 15 A.M . Commissioner Ahearn-Koch requested and the City Manager explained the Granicus process related to vacation home rentals, and the City Attorney and Commissioner Arroyo provided input. 10:22:56 A.M. A 'motion was made by Commissioner Ahearn-Koch, and seconded by Commissioner Trice to adopt proposed Ordinance No . 23-5498 on second reading. 10:23:09 A.M. Commissioners Ahearn-Koch and Arroyo spoke to the motion. 10:24:08 A.M . Mayor Battie called for a vote on the motion to adopt proposed Ordinance No. 23-5498 on second reading, which carried by a 4-1 vote with Commissioner Arroyo voting no. The Commission recessed at 10:25 A.M. and reconvened at 10:37 A.M . 10:37:40 A.M. 4) PRESENTATION AND DISCUSSION RE: HARRIS ACT CLAIMS BASED ON APPLICATION OF THE MAXIMUM OCCUPANCY LIMITS CONTAINED IN THE VACATION RENTAL ORDINANCE (AGENDA ITEM IX-4) 10:38: 12 A.M. City Attorney Fournier presented . City Auditor and Clerk Griggs left and returned to her seat at 10:38 A.M . 10 :40:49 A.M. Scott Rudacille, Attorney, Blalock Walters Attorneys at Law, indicating Vunique Vacations, his client and owners of the three units in question, have not had any violations in the nearly two years since operating under the standards and have been engaged with the City throughout the Vacation Rental Ordinance process. 10:44:29 A.M. Commissioner Arroyo requested and Attorney Rudacille reiterated the proposal terms. City Auditor and Clerk Griggs left and returned to her seat at 11 :06 A.M . 11 :07:26 A.M. City Attorney Fournier spoke to the topic and provided the Commission with some proposed recommended motions. Book 68 11/06/23 Page 40382 9:00 A.M.

Book68 Page40383 11/06/23 9:00 A.M . 11 :24:38 A.M. A motion was made by Commissioner Ahearn-Koch, seconded by Vice Mayor Alpert to leave the motion made by Commission consensus at the October 2, 2023 regular Sarasota City Commission meeting, per the City Attorney, which is was to defend the Harris Act claims and to counter-offer to settle the lawsuits with a three year grace period to operate at a maximum of 16 occupants, and then decrease the maximum number of occupants to comply with the Ordinance, with the inclusion of directing the City Attorney to add other matters discussed today in the proposed draft Ordinance for discussion and consideration at a January 2024 regular City Commission meeting, without any obligation to include or change, which carried by a 5-0 vote. 11 :25:48 A.M. 6. LEGISLATIVE PUBLIC HEARINGS (AGENDA ITEM X) 11 :25:57 A.M. City Auditor and Clerk Griggs administered the oath to persons wishing to speak during the Public Hearings. 11 :26 :23 A.M. 1) PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 23R-3205 AUTHORIZING TRANSMITTAL OF PROPOSED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 23-PA-01 TO STATE REVIEW AGENCIES FOR REVIEW AND COMMENT; SAID APPLICATION BEING A REQUEST FOR AMENDMENTS TO THE FUTURE LAND USE CHAPTER OF COMPREHENSIVE PLAN TO REVISE TEXT OF THE PRODUCTION-INTENSIVE COMMERCIAL FUTURE LAND USE CLASSIFICATION SO AS TO IDENTIFY SOLAR UTILITIES AS AN ADDITIONAL EXISTING AND PLANNED PRIMARY USE WITHIN THE CLASSIFICATION AND TO PROVIDE A DEFINITION OF SOLAR UTILITIES (AGENDA ITEM X-1 ) 11 :26:28 A.M. Mayor Battie opened the Public Hearing. 11 :26:51 A.M. City Auditor and Clerk Griggs read proposed Resolution No. 23R-3205 by title only. 11 :26:52 A.M. Manager of Long-Range Planning David Smith, Planning Department, came before the Commission. 11 :27:49 A.M. City Manager Brown stated that the item was placed under New Business and is a requirement of the State of Florida for the City to transmit the proposed Comprehensive Plan Amendment; that the Commission can forego a presentation from Staff, take public comment(s), or just make a motion, and the Commission sought a presentation from Staff. 11 :28:16 A.M . Mr. Smith presented and referred from a PowerPoint presentation displayed on the Chambers monitors entitled "Solar Utilities."

11 :32:40 P.M. Questions posed by the Vice Mayor and Commissioners Trice and Ahearn-Koch were addressed by Mr. Smith, and the City Attorney and City Manager provided input. 11 :41 :47 A.M. Mr. Smith stated that he could make a change to read "May be transmitted to a power." 11:41:57 A.M. No one signed up to speak and the Mayor closed the Public Hearing . 11 :42:26 A.M. A motion was made by Commissioner Ahearn-Koch , seconded by Vice Mayor Alpert to adopt proposed Resolution No. 23R-3205 authorizing transmittal of proposed Comprehensive Plan Amendment Application No. 23-PA-01 to State Review Agencies for Review and Comment with the inclusion of adding the word "may," which carried by a 5-0 vote. The Commission recessed at 11 :44 A.M. and reconvened at 1:02 P.M. 1:02:35 P.M . 7. CHANGE TO THE ORDER OF THE DAY 1:03:49 P.M. 8. A. Please move up under New Business, Agenda Item XII, Item No. 1, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Settlement Agreement between the City of Sarasota and Tableseide Cares, Inc. (D/B/A Miss Susie's Newtown Kitchen) and Thelma Upshaw, per the request of City Attorney Fournier Mayor Battie noted Commission consensus to approve the Change to the Order of the Day. NEW BUSINESS (AGENDA ITEM XII) 1) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND TABLESEIDE CARES, INC. (D/B/A MISS SUSIE'S NEWTOWN KITCHEN) AND THELMA UPSHAW (AGENDA ITEM Xll-1) 1:04:13 P.M. City Attorney Fournier provided a brief overview and Economic Development Manager Wayne Applebee, Planning Department, and Jay Castle, Attorney, Legal Aid of Manasota, representing Tableseide Cares, Inc., (D/B/A Miss Susie's Newtown Kitchen), came before the Commission. 1 :04: 52 P.M . Attorney Castle presented and City Attorney Fournier provided input. 1 :08:31 P.M. Question posed by the Vice Mayor was addressed by Mr. Applebee and the City Manager. Book 68 Page 40384 11/06/23 9:00 A.M.

Book 68 Page 40385 11/06/23 9:00 A.M . City Auditor and Clerk Griggs left the Dais at 1:08 P.M. and returned at 1:09 P.M. 1:09:28 P.M. Mayor Battie spoke to the topic and posed questions which were addressed by the City Manager and Attorney Castle. 1:13 :02 P.M. A motion was made by Commissioner Ahearn-Koch , and seconded by Commissioner Arroyo to authorize the Mayor and City Auditor and Clerk to execute the Settlement Agreement between the City of Sarasota and Tableseide Cares , Inc. (D/B/A Miss Susie's Newtown Kitchen) and Thelma Upshaw. 1: 13 : 13 P.M. Mayor Battie spoke to the motion. 1 :13 :54 P.M. Mayor Battie called for a vote on the motion to authorize the Mayor and City Auditor and Clerk to execute the Settlement Agreement between the City of Sarasota and Tableseide Cares, Inc. (D/B/A Miss Susie's Newtown Kitchen) and Thelma Upshaw, which carried by a 5-0 vote . 1:14 :09 P.M. 9. LEGISLATIVE PUBLIC HEARINGS - CONT'D (AGENDA ITEM X) 1:14 :55 P.M . City Auditor and Clerk Griggs readministered the oath to persons wishing to speak during the Public Hearings. 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 23-5502, AMENDING THE ZONING CODE {2002 EDITION), ARTICLE II , DEFINITIONS AND RULES OF CONSTRUCTION , DIVISION 2 1 DEFINITIONS , SECTION 11-201 , DEFINITIONS , TO ESTABLISH NEW DEFINITIONS FOR RESTAURANT, BAR, BAR OUTDOOR, BOTTLE CLUB, AND NIGHTCLUB, AND DIVISION 3, DESCRIPTION OF USE CATEGORIES, SECTION 11-305 , COMMERCIAL USE CATEGORIES , AND SECTION 11-307 , INSTITUTIONAL USE CATEGORIES TO REFLECT THE CHANGE IN DEFINITIONS; ARTICLE VI, ZONE DISTRICTS , DIVISION 5, COMMERCIAL ZONE DISTRICTS. SECTION Vl-504, SPECIAL NT, CP AND CT DEVELOPMENT STANDARDS , TO REFLECT THE CHANGE IN DEFINITIONS: AND ARTICLE VII , REGULATIONS OF GENERAL APPLICABILITY, DIVISION 14, MISCELLANEOUS STANDARDS , SECTION Vll-1404, REFUSE AND RECYCLING STORAGE AREAS , TO REFLECT THE CHANGE IN DEFINITIONS; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 23-ZTA-04, APPLICANT: CITY OF SARASOTA) (AGENDA ITEM X-2 ) AND 3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 23-5503, AMENDING THE ZONING CODE {2002 EDITION ), ARTICLE VI , ZONE DISTRICTS, DIVISION 5, COMMERCIAL ZONE DISTRICTS, DIVISION 61 PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS, DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS,

1:15: 37 P.M. DIVISION 9, SPECIAL PUBLIC INTEREST OVERLAY DISTRICTS , AND DIVISION 10 , DOWNTOWN ZONE DISTRICTS. TO UPDATE THE PRIMARY USE TABLES THEREIN; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 6 1 ADDITIONAL USE AND DEVELOPMENT STANDARDS, SECTION Vll602 , SPECIFIC STANDARDS FOR CERTAIN USES, SUBSECTIONS (F) AND (R) TO MODIFY THE STANDARDS REGARDING OUTDOOR SEATING AREAS AND SALE OF ALCOHOLIC BEVERAGES. AND DIVISION 9, ACCESSORY USES AND STRUCTURES . SECTION Vll-904, NON- RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES, TO AMEND THE APPROVAL PROCEDURES APPLICABLE TO ACCESSORY BARS; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 23- ZTA-04, APPLICANT: CITY OF SARASOTA) (AGENDA ITEM X-3) Mayor Battie opened the Public Hearings. 1:15:58 P.M. City Auditor and Clerk Griggs read proposed Ordinance Nos. 23-5502 and 23-5503 by titles only. 1:15:58 P.M. General Manager Ryan Chapdelain, Chief Planner Briana Dobbs, and Planner Rebecca Webster, Planning Department, came before the Commission . 1:18:58 P.M. Mr. Chapdelain, Ms. Dobbs, and Ms. Webster presented and referred from a PowerPoint presentation displayed on the Chambers monitors entitled "Restaurants, Bars, & Nightclubs," and the City Manager provided input. Commissioner Arroyo left the Chambers at 1 :40 P.M. and returned at 1:42 P.M. Mr. Chapdelain, Ms. Dobbs, and Ms. Webster left the Dais . 1:48: 19 P.M. Citizens' Input received from individuals in the Chambers at City Hall. City Auditor and Clerk Griggs left and returned to her seat at 2:06 P.M ., 2:08 P.M ., and 2:14 P.M. 2:27: 13 P.M. Ron Kashden, City resident, displayed on the Chambers monitors printed material entitled "Use Cases for ZTA Review," indicating he is present today to see the Commission review the proposed Zoning Text Amendments (ZTAs), that the City Manager is right, the Planning Department did go out and receive public input and one of the common themes the Commission heard today and will hear is the public review did uncover several possible unintended consequences. City Auditor and Clerk Griggs left the Dais at 2:29 P.M . and returned at 2:30 P.M . 2:30:42 P.M . Citizens' Input continued from individuals in the Chambers at City Hall. City Auditor and Clerk Griggs left and returned to her seat at 2:31 P.M . Book 68 Page 40386 11/06/23 9:00 A.M .

The Commission recessed at 2:53 P.M. and reconvened at 3:02 P.M. 3:04:01 P.M. Mr. Chapdelain, Ms. Dobbs, and Ms . Webster returned to the Dais. 3:04:32 P.M. Book 68 Page 40387 11/06/23 9:00 A.M. Questions posed by the Commission were addressed and they spoke to the topic. The Mayor closed the Public Hearing. 3:32 :01 P.M . A motion was made by Commissioner Ahearn-Koch , seconded by Vice Mayor Alpert to continue proposed Ordinance Nos. 23-5502 and 23-5503, on first readings, direct Staff to schedule a Sarasota City Commission Workshop for December 05, 2023, and schedule a Public Hearing for first readings at the first or second Regular Sarasota City Commission Meeting in January 2024, which carried by a 5-0 vote. 3:32:46 P.M. 10 . NEW BUSINESS CONT'D (AGENDA ITEM XII) 3:32:59 P.M. 2) DISCUSSION RE: REQUEST TO FLY THE TRANSGENDER REMEMBRANCE FLAG AT CITY HALL ON NOVEMBER 20, 2023 (AGENDA ITEM Xll-2) 3:33 :25 P.M. Commissioner Trice presented. City Auditor and Clerk Griggs left and returned to the Dais at 3:36 P.M . 3:37:03 P.M. Ken Shelin, former Vice Mayor/Commissioner, and City resident, displayed photographs on the Chambers monitors along with the Transgender Remembrance Flag {Flag) at the Dais, indicating the request is being made on behalf of Project PRIDE SRQ, Inc. for the Commission to approve flying the Flag on the City Hall flagpole for just one day on November 20, 2023. City Auditor and Clerk Griggs left and returned to her seat at 3:38 P.M . 3:41 : 28 P.M. A motion was made by Commissioner Trice, seconded by Commissioner Ahearn-Koch to direct Staff to fly the Transgender Remembrance Flag (Flag) on Transgender Day of Remembrance at City Hall on November 20, 2023, which carried by a 5-0 vote. 3:42 :04 P.M. 3) DISCUSSION RE: 2024 LIGHTING LIST FOR THE RINGLING CAUSEWAY BRIDGE AND TO SEEK THE CITY COMMISSION'S DIRECTION ON HOW TO PROCEED WITH ILLUMINATING THE BRIDGE (AGENDA ITEM Xll-3)

3:42 :29 P.M. City Manager Brown presented. City Auditor and Clerk Griggs left and returned to her seat at 3:42 P.M. 3:43:16 P.M. A motion was made by Vice Mayor Alpert, seconded by Commissioner Trice to approve the 2024 Lighting List for the Ringling Causeway Bridge as presented, which carried by a 5-0 vote. 3:43 :41 P.M. 4) PRESENTATION AND DISCUSSION RE: LETTER OF INTENT FOR SALE OF CITY-OWNED LAND (EXCLUDING BUILDING) LOCATED AT 1777 18TH STREET (SUNSHINE VILLAGE APARTMENTS) (AGENDA ITEM Xll-4) 3:44:05 P.M . City Attorney Fournier presented. City Auditor and Clerk Griggs left and returned to her seat at 3:44 P.M . 3:46:57 P.M. Questions posed by the Commission were addressed by the City Manager and City Attorney. City Auditor and Clerk Griggs left the Dais and returned at 3:49 P.M. 3:51 :23 P.M. Robert Messick, Attorney, Icard, Merrill, Cullis, Timm, Furen, & Ginsburg, P.A., came before the Commission to address questions and left the Dais . 3:57:54 P.M. A motion was made by Commissioner Trice, and seconded by Commissioner Arroyo to accept the Letter of Intent for Sale of City-owned land (Excluding Building) located at 1777 18th Street (Sunshine Village Apartments), and approve authorization for Staff to draft a Contract for Purchase and Sale of the subject property. 3:58:19 P.M. Question posed by Commissioner Ahearn-Koch was addressed by the City Attorney and requested acceptance of friendly amendments to the motion to delegate authority to the City Manager to sign the Purchase and Sale Agreement and for the funds from the sale of the subject property to be used for the City's affordable housing efforts as opposed to being placed in the General Fund . 3:59:07 P.M. Commissioner Trice, the maker of the motion, accepted the friendly amendments, and Commissioner Arroyo, the seconder of the motion, withdrew as seconder to allow Commissioner Ahearn-Koch to second the motion. Book 68 11/06/23 Page 40388 9:00 A.M.

3:59:16 P.M. Book 68 11/06/23 Page 40389 9:00A.M . Mayor Battie called for a vote on the motion to accept the Letter of Intent for Sale of City-owned land (Excluding the Building) located at 1777 18th Street (Sunshine Village Apartments), approve authorization for Staff to draft a Contract for the Purchase and Sale of the subject property, delegate authority to the City Manager to sign the Purchase and Sale Agreement, and for the funds from the sale of the subject property to be used for the City's affordable housing efforts as opposed to being placed in the General Fund , which carried by a 5-0 vote. 3:59:37 P.M. 5) APPROVAL RE: AGENDA ITEMS FOR THE UPCOMING SCHOOL CONVOCATION OF LOCAL GOVERNMENTS SCHEDULED FOR JANUARY 19, 2024 (AGENDA ITEM Xll-5) City Auditor and Clerk Griggs left the Dais at 4:00 P.M. 4:00:01 P.M. Manager of Long-Range Planning David Smith, Planning Department, came before the Commission and presented. 4:00:48 P.M. The Commission provided input regarding proposed Agenda Items for the upcoming School Convocation of Local Governments (COG) Meeting and posed questions which were addressed . City Auditor and Clerk Griggs returned to the Dais at 4:02 P.M. 4:11:10 P.M. City Manager Brown on behalf of the Mayor noted Commission consensus to submit Recycling in Schools as a suggested Agenda Item . 4:12 :05 P.M. City Manager Brown on behalf of the Mayor noted Commission consensus to submit Affordable Housing Partnership Opportunities with the Sarasota County School Board and Local Governments in Sarasota County as a suggested Agenda Item. 4:14 : 56 P.M . City Manager Brown on behalf of the Mayor noted Commission consensus to submit the status of skilled trades offered by the School District as a suggested Agenda Item . 4:17:48 P.M. A motion was made by Commissioner Ahearn-Koch, and seconded by Mayor Battie to direct Staff to add the discussion of programs the School District may have available on diversity, sensitivity training, racial equity, and the criteria for books as suggested Agenda Items at the School Convocation of Local Governments (COG) Meeting scheduled for January 19, 2024. 4:18:00 P.M. The Commission spoke to the motion.

4:20:53 P.M. Mayor Battie called for a vote on the motion to direct Staff to add the discussion of programs the School District may have available on diversity, sensitivity training, racial equity, and the criteria for books as suggested Agenda Items at the School Convocation of Local Governments (COG) Meeting scheduled for January 19, 2024, which carried by a 5-0 vote. 4:21 :09 P.M. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XIII) 4:22:05 P. M. Roger Routh, City resident, displayed at the Dais a plastic container with debris which could puncture a tire(s) that he picked up from the side of the street while walking along U.S. 41, indicating anyone can definitely see why Sarasota, Florida is one of the top five places in the United States to move, however, as much as he loves Sarasota, Florida his tires do not and the question to be addressed is "Does the City have its own street sweeping?" 4:24:00 P.M. Citizens' Input continued from an individual in the Chambers at City Hall. 12 . REMARKS OF COMMISSIONERS , ANNOUNCEMENTS , AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XIV) 4:32:50 P.M. COMMISSIONER ARROYO: Remarks received. 4:33:45 P.M. COMMISSIONER AHEARN-KOCH: Remarks received. City Manager Brown left the Chambers at 4:36 P.M . 4:40:41 P.M. VICE MAYOR ALPERT: Remarks received . 4:43:05 P.M. MAYOR BATTIE: Remarks received. Book 68 Page 40390 11/06/23 9:00 A.M.

. , Book 68 Page 40391 11/06/23 9:00 A.M. 4:44:55 P.M. COMMISSIONER AHEARN-KOCH CONT'D: Remarks received and requested an update regarding U.S. Recycling Company from Deputy City Manager Patrick "Pat" Robinson, City Manager's Office, who came before the Commission and stated that there is no update. 4:27:39 P.M. 13. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XV) 4:27:48 P.M. CITY ATTORNEY FOURNIER: Stated that he had previously indicated the desire to schedule an Out-of-Sunshine (Shade) Meeting regarding the case of Joanne Soucy, as personal representative of the Estate of John Kaafi, the deceased, who passed away shortly after being released from Sarasota Police Department's custody at the hospital; that one Shade Meeting was held and this would be part two; that the belief is the trial might be scheduled sometime after January 01, 2024; that the Shade Meeting would be scheduled immediately following the November 20, 2023, Regular Sarasota City Commission Meeting. 4:28:35 PM. CITY AUDITOR AND CLERK GRIGGS: Stated that the Commission is being reminded of the Monday, November 13, 2023, Special Sarasota City Commission Statutory Meeting commencing at 12:00 P.M., followed by a Sarasota City Commission Workshop commencing at 1 :00 P.M . 4:31 :25 P.M. CITY MANAGER BROWN: Remarks received. 14. ADJOURN {AGENDA ITEM XVI) The Commission adjourned at 4:45 P.M . _/-_. . I , ... • .. : ' !-J ;3 ) \ :~ l i I . ; : -· · ; SH A'Y'C A G~ IGG CITY AUO'I TOR AND CL

Kyle Battie Mayor Vice Mayor Liz Alpert Commissioner Jen Ahearn-Koch Commissioner Erik Arroyo Commissioner Debbie Trice REGULAR CITY COMMISSION MEETING OF NOVEMBER 6, 2023 WELCOME to a Regular meeting of the City Commission. This Agenda includes all matters scheduled to come before the Commission at this meeting. It is prepared to help you follow the proceedings of the meeting. Your interest is appreciated, and we invite your comments. Input from citizens is important; we need and welcome it. If you wish to address the Commission, please fill out a "Request To Speak" Form located on the table at the back of the Commission Chambers. Fill out the form completely, indicating the Agenda Item to which you intend to speak, and place the form in the box on the table. If you intend to speak under Citizens’ Input Concerning City Topics, the subject should also be noted on the "Request To Speak" Form. Agenda Items for which citizens' comments are not permitted are noted. In general, these will be items on which a public hearing has previously been held. Listed below are the time limits established for speaking: Public Hearings - Quasi-judicial: A reasonable amount of time to be determined by the City Commission will be provided to Applicants and Affected Persons desiring to speak. Public Hearings - Legislative: Citizens desiring to speak are allowed five (5) minutes. Petitioners are allowed fifteen (15) minutes with a five (5) minute rebuttal at the close of the public hearing. We will ask you to take an oath that all evidence and testimony presented during the public hearing are truthful. Citizens’ Input Concerning City Topics - Citizens desiring to speak are allowed three (3) minutes. Remember, appearances before the Commission are not a substitute for attempting to resolve your issue(s) through the appropriate administrative channels. Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda. Questions and answers shall not be permitted. Matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. We expect that citizens have first attempted to speak directly with the City’s Administration. Other Agenda Items permitting citizens’ comment - Citizens desiring to speak are allowed three (3) minutes. Agenda items for which citizens’ comments are not permitted are noted in the left margin of the Agenda. The City Auditor and Clerk will forward all Request to Speak forms to the Mayor. When the Mayor calls your name, come to the Commission table, and restate your name for the record. We ask that your comments be limited to the subject of the Agenda Item. Remember, we are always happy to listen to your comments; however, this is not intended to be an extended question and answer session. Again, the City Commission thanks you for taking the time to participate in our meeting. KYLE BATTIE Mayor 1

REGULAR CITY COMMISSION MEETING CITY HALL 1565 First Street Sarasota, Florida November 6, 2023 City Commission Chambers 9:00 AM I. COMMISSION PRESENTATIONS: II. SCHEDULED PRESENTATIONS: Scheduled Presentations are limited to 7 minutes. No action may be taken by the Commission other than referral to the administration. Citizens comments are not permitted on Scheduled Presentations III. CITIZENS' INPUT CONCERNING CITY TOPICS: (Limited to 30 minutes) Note to the Public: At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit) Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda or items that were the subject of a previously held public hearing which has been closed and Commission deliberations continued to a future date. Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. AGENDA ** PLEASE NOTE: THE COMMISSION WILL RECESS FOR LUNCH AT APPROX. 12:00P.M. ** CALL MEETING TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PLEDGE OF PUBLIC CONDUCT APPROVE PROPOSED AGENDA SCHEDULE Citizens' comments are not permitted on Proposed Agenda Schedule 2

IV. APPROVAL OF MINUTES: Citizens' comments are not permitted on Approval of the Minutes items. IV.1 Approval Re: Minutes of the Regular Sarasota City Commission Meeting of October 02, 2023 (CITIZENS COMMENTS ARE NOT PERMITTED ON THIS ITEM) IV.1 Agenda Request Form.pdf 23-10-02 Regular FINAL.pdf IV.2 Approval Re: Minutes of the Special Joint Meeting of the Sarasota City Commission and the Town Commission of Longboat Key of October 09, 2023 (CITIZENS COMMENTS ARE NOT PERMITTED ON THIS ITEM) IV.2 Agenda Request Form.pdf 23-10-09 Special Joint Mtg w Town of Longboat Key FINAL.pdf V. BOARD ACTIONS: VI. CONSENT AGENDA NO. 1: Note to the Public: All matters listed under Consent Agenda No. 1, are considered to be routine by the City Commission and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. VI.1 Receive and Accept Re: 2023 Sarasota County Unified Program for Public Information (PPI) Annual Evaluation Report VI.1 Agenda Request Form.pdf AGENDA PACKAGE 2023 PPI REPORT.pdf VI.2 Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract Agreement between the City of Sarasota and Steller Development, Inc. (ITB 23-27PB) for Payne Park Auditorium Roof Replacement in the amount of $680,831.43 VI.2 Agenda Request Form.pdf Agenda Packet for 23-27PB Payne Park Auditorium Roof Replacement.pdf VII. CONSENT AGENDA NO. 2: Note to the Public: All matters listed under Consent Agenda No. 2, are considered to be routine by the City Commission and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. VIII. BOARD APPOINTMENTS: VIII.1 Appointment Re: Public Art Committee VIII.1 Agenda Request Form.pdf 11-6-23 Public Art Committee.pdf IX. UNFINISHED BUSINESS: 3

IX.1 Adoption Re: Second Reading of Proposed Ordinance No. 23-5490, amending the Code of the City of Sarasota, Chapter 8, Animals, Article I, In General, by adding a new Section 8-10 entitled "No-Kill Shelters"; providing definitions for the terms Animal Shelter and No-Kill Shelter; providing that animal shelters in the City of Sarasota shall operate as No-Kill Shelters, etc. (Title Only) IX.1 Agenda Request Form.pdf 23-5490 (No-Kill Shelters).pdf IX.2 Adoption Re: Proposed Resolution No. 23R-3207, rescinding the Development of Regional Impact approval obtained by the Sarasota Manatee Airport Authority with regard to the Sarasota Bradenton International Airport, etc. (Title Only) (Application No. 22-DRI-01); AND Approval of Development Agreement 22-DA-01 and General Development Plan 22-SP-17 for approval of a 51,146 +/- rental car facility, a cell phone lot with bathroom structure, a remote parking lot, a 60-room 4-story hotel on Block 11, as previously approved with Site Plan 18-SP-10; for subject property at 600 Airport Circle, 1151 Air Cargo Road, 1106 Rental Car Road, 1120 Rental Car Road, 1121 Rental Car Road, 1130 Rental Car Road, 1150 Rental Car Road, 1151 Rental Car Road, 1171 Rental Car Road, 1191 Rental Car Road, 965 University Parkway and 975 University Parkway; AND Adoption Re: Second Reading of Proposed Ordinance No. 23-5500, to rezone that certain parcel of real property totaling approximately 88.85 acres, more or less, located north of University Parkway which generally consists of the southernmost portion of the Sarasota Manatee Airport Authority property from the Governmental (G) Zone District to the Intensive Commercial District (ICD) Zone District; all as more particularly set forth herein, etc., (Title Only) (Application No. 22-RE-03); AND Affirm the Planning Board recommendation to approve Major Conditional Use 22- CU-04 and Site Plan 22-SP-19, to allow construction of aviation and surface passenger terminal accessory uses which consist of surface parking, a rental car facility, and an airport maintenance facility as aviation and surface passenger terminal uses in the Intensive Commercial District (ICD) Zone District (Application No. 22-CU-04 and 22-SP-19); AND Adoption Re: Second Reading of Proposed Ordinance No. 23- 5501, amending Rezone Ordinance Amendment Ordinance No. 19-5280 which amended Rezone Ordinance Amendment Ordinance No. 07-4767 which, pursuant to Application No. 07-ROA-02 rezoned approximately 7.84 +/- acres of real property located at the northeast corner of University Parkway and Airport Circle with street addresses of 965 and 975 University Parkway and 1106 Rental Car Road, from the Governmental (G) Zone District to the Intensive Commercial District (ICD) Zone District and established maximum square footage for office uses and a maximum number of hotel rooms so as to substitute new development limitations upon the rezoned property by removing a stipulation that restaurant and office uses on these parcels can only be accessory to a hotel use; all as more particularly set forth herein, etc. (Title Only) (Application No. 22-ROA-02) (Applicant: Charles D. Bailey, Jr. (Dan) Esq., of Williams Parker Law Firm, as 4

agent representing the Sarasota Manatee Airport Authority) IX.2 Agenda Request Form.pdf Agenda Item Backup.pdf IX.3 Adoption Re: Second Reading of Proposed Ordinance No. 23-5498, amending the Sarasota City Code, Chapter 34.5, Vacation Rentals, to increase all application and inspection fees; to provide that a Certificate of Registration for a vacation rental shall be valid for a period of one year rather than two years; and to provide that a vacation rental shall be subject to mandatory re-inspection upon annual renewal of the Certificate of Registration; all as more fully specified herein; providing for the severability of the parts hereof, etc. (Title Only) IX.3 Agenda Request Form.pdf Vacation Rental ordinance.pdf IX.4 Presentation and Discussion Re: Harris Act Claims based on application of the maximum occupancy limits contained in the Vacation Rental Ordinance IX.4 Agenda Request Form.pdf Harris Act claims.pdf X. LEGISLATIVE PUBLIC HEARINGS: Note to the Public: At this time citizens will take an oath if they desire to speak at the following public hearings. X.1 Public Hearing Re: Proposed Resolution No. 23R-3205, authorizing transmittal of proposed Comprehensive Plan Amendment Application No. 23-PA-01 to the State Reviewing Agencies for review and comment; said application being a request for amendments to the Future Land Use Chapter of the Comprehensive Plan of the City of Sarasota [a/k/a The Sarasota City Plan (2030)], to revise the text of the Production-Intensive Commercial Future Land Use Classification so as to identify Solar Utilities as an additional Existing and Planned Primary Use within the classification and to provide a definition of "Solar Utilities", etc. (Title Only) (Application No. 23-PA-01, Applicant: City of Sarasota) X.1 Agenda Request Form.pdf Plan Amendment Staff report, 23-PA-01, Solar Utilities, CC Transmittal, 11.06.2023.pdf Solar Utilities City Commission, 11.06.2023.pdf X.2 Public Hearing Re: Proposed Ordinance No. 23-5502, amending the Zoning Code (2002 Edition), Article II, Definitions and Rules of Construction, Division 2, Definitions, Section II-201, Definitions, to establish new definitions for restaurant, bar, bar outdoor, bottle club, and nightclub, and Division 3, Description of Use Categories, Section II-305, Commercial Use Categories, and Section II-307, Institutional Use Categories to reflect the change in definitions; Article VI, Zone Districts, Division 5, Commercial Zone Districts, Section VI-504, Special NT, CP and CT Development Standards, to reflect the change in definitions; and Article VII, Regulations of General Applicability, Division 14, Miscellaneous Standards, Section VII-1404, Refuse and Recycling Storage Areas, to reflect the change in definitions; providing for severability of the parts hereof, etc. (Title Only) (Application No. 23-ZTA-04, Applicant: City of Sarasota) X.2 Agenda Request Form.pdf 5

Final Backup Material Ord. No. 23-5502.pdf CCPH Presentation Nov 6.pdf X.3 Public Hearing Re: Proposed Ordinance No. 23-5503, amending the Zoning Code (2002 Edition), Article VI, Zone Districts, Division 5, Commercial Zone Districts, Division 6, Production Intensive Commercial Zone Districts, Division 7, Special Purpose Zone Districts, Division 9, Special Public Interest Overlay Districts, and Division 10, Downtown Zone Districts, to update the primary use tables therein; Article VII, Regulations of General Applicability, Division 6, Additional Use and Development Standards, Section VII-602, Specific Standards for Certain Uses, Subsections (f) and (r) to modify the standards regarding outdoor seating areas and sale of alcoholic beverages, and Division 9, Accessory Uses and Structures, Section VII-904, Non-Residential Accessory Uses, Buildings and Structures, to amend the approval procedures applicable to accessory bars; providing for severability of the parts hereof, etc. (Title Only) (Application No. 23-ZTA-04, Applicant: City of Sarasota) X.3 Agenda Request Form.pdf Final Backup Material Ord. No. 23-5503.pdf XI. QUASI-JUDICIAL PUBLIC HEARINGS: Note to the Public: At this time citizens will take an oath if they desire to speak at the following public hearings. XII. NEW BUSINESS: XII.1 Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Settlement Agreement between the City of Sarasota and Tableseide Cares, Inc. (d/b/a Miss Susie's Newtown Kitchen) and Thelma Upshaw XII.1 Agenda Request Form.pdf AGENDA BACKUP MATERIALS.pdf XII.2 Discussion Re: Request to fly the Transgender Remembrance Flag at City Hall on November 20, 2023 XII.2 Agenda Request Form.pdf Flag request back up.pdf XII.3 Discussion Re: 2024 Lighting List for the Ringling Causeway Bridge and to seek the City Commission's direction on how to proceed with illuminating the Bridge XII.3 Agenda Request Form.pdf updated bridge lighting list .pdf XII.4 Presentation and Discussion Re: Letter of Intent for sale of City-owned land (excluding building) located at 1777 18th Street (Sunshine Village Apartments) XII.4 Agenda Request Form.pdf Letter of Intent (J.H. Floyd Sunshine Village).pdf XII.5 Approval Re: Agenda items for the upcoming School Convocation of Local Governments scheduled for January 19, 2024 XII.5 Agenda Request Form.pdf Letter from Superintendent Terry Connor.pdf 6

XIII. CITIZENS INPUT CONCERNING CITY TOPICS: (Limited to 30 minutes) Note to the Public: At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit) Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda or items that were the subject of a previously held public hearing which has been closed and Commission deliberations continued to a future date. Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. XIV. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA: XV. OTHER MATTERS/ADMINISTRATIVE OFFICERS: XVI. ADJOURN Meeting Notice 11-6-23 Regular Meeting Notice.pdf City Commission Rules of Procedure CC.RulesofProcedure.AdoptedSept20-2021.pdf E-Comments, Request to Speak Cards & Items Received at the Meeting November 6, 2023 Regular Mtg eComments.pdf November 6, 2023 Regular Mtg Items Received.pdf November 6, 2023 Regular Mtg Speaker Cards.pdf MEETING NOTICE CITY COMMISSION RULES OF PROCEDURE ECOMMENTS, REQUEST TO SPEAK CARDS & ITEMS RECEIVED 7

Shayla Griggs City Auditor and Clerk Notice to the Public The City of Sarasota is committed to providing qualified disabled individuals an opportunity to participate in meetings of the City Commission. The City of Sarasota prohibits discrimination in all services, programs, or activities on the basis of race, color, national origin, age, disability, sex or gender, marital or familial status, religion, sexual orientation, veteran status, or genetic information. Persons with disabilities who require assistance or alternative means for communication of program information such as Braille, large print, audiotape, etc., should contact: The City of Sarasota ADA Coordinator, Jake Brown, at (941) 263-6299 or by email at adacoordinator@sarasotafl.gov. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in a meeting should contact the ADA Coordinator at (941) 263-6299 at least two business days prior to the date of the meeting as to the nature of the auxiliary aids and/or service necessary. Every effort will be made to provide such aid or service to the extent that they are reasonable, do not result in undue financial or administrative burden, and do not alter the fundamental nature of the meeting. Consideration will be given to the individual's preferred aid or service. However, alternatives may be provided if in the City's determination such alternatives provide an effective means of communication. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. Proceedings will be electronically recorded. Should an individual feel that a verbatim transcription of the proceedings may later be needed, said individual has the burden and expense of arranging for same. Copies of the electronic recording may be purchased from the Office of the City Auditor and Clerk. 8

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SARASOTA CITY COMMISSION REGULAR MEETING MONDAY, NOVEMBER 6, 2023, 9:00 A.M. DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER. 09:02:24 [ SOUNDING GAVEL ] 09:02:28 >>Mayor Battie: GOOD MORNING. 09:02:29 WELCOME BACK FROM THE WEEKEND. 09:02:33 WELCOME TO THE NOVEMBER 6, 2023, REGULAR CITY COMMISSION 09:02:36 MEETING, SARASOTA, FLORIDA. 09:02:39 LET'S GET ON WITH OUR INVOCATION BY THE CITY AUDITOR AND 09:02:42 CLERK, MS. SHAYLA GRIGGS. 09:02:49 >>Shayla Griggs: HEAVENLY FATHER, WE AFFIRM OUR FAITH IN 09:02:52 THEE. 09:02:52 WE SEEK YOUR DIVINE STRENGTH, WISDOM AND GUIDANCE IN THE 09:02:55 DELIBERATIONS THAT AFFECT THE LIVES OF EACH OF THE CITIZENS 09:02:58 IN OUR COMMUNITY. 09:02:59 IN THY NAME WE PRAY. 09:03:02 AMEN. 09:03:02 [PLEDGE OF ALLEGIANCE] 09:03:17 >>Mayor Battie: EXCELLENT. 09:03:18 THANK YOU. 09:03:18 MRS. GRIGGS, WOULD YOU RECITE OUR PLEDGE OF PUBLIC CONDUCT, 09:03:25 PLEASE? 09:03:25 >>Shayla Griggs: YES. 09:03:26 WE MAY DISAGREE BUT WE WILL BE RESPECTFUL TO ONE ANOTHER. 09:03:30 WE WILL DIRECT ALL COMMENTS TO ISSUES. 09:03:31 WE WILL NOT ENGAGE IN PERSONAL ATTACKS. 09:03:33 >>Mayor Battie: EXCELLENT. 09:03:34 THANK YOU SO VERY MUCH. 09:03:35 ALL RIGHT. 09:03:36 ANY CHANGES TO THE ORDER OF THE DAY? 09:03:38 >>Shayla Griggs: I AM NOT AWARE OF ANY CHANGES TO THE ORDER 09:03:41 OF THE DAY. 09:03:41 >>Mayor Battie: EXCELLENT. 09:03:43 WE'LL MOVE ON TO THE APPROVAL. 09:03:45 YOU KNOW WHAT, BEFORE WE GET INTO ANYTHING, WE HAD A 09:03:51 VALUABLE MEMBER OF OUR CITY, MR. TOM FURST AND AT THE 09:03:58 REQUEST OF OUR COMMISSIONER JEN AHEARN-KOCH, WOULD YOU LIKE 09:04:01 TO SPEAK TO THIS. 09:04:04 >>Jen Ahearn-Koch: THANK YOU. 09:04:05 YES. 09:04:06 MR. TOM FURST, IS WHO IS A RESIDENT OF THE CITY OF SARASOTA 09:04:10 AND WAS A MEMBER OF THE PCC, THE POLICE COMPLAINT COMMITTEE 09:04:13 FOR A NUMBER OF YEARS. 09:04:15 HE WAS A FORMER FIREMAN. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:04:17 ALWAYS VERY, VERY ACTIVE IN OUR CITY AND IN OUR COMMUNITY 09:04:20 AND IN OUR NEIGHBORHOOD PASSED THIS WEEKEND, YESTERDAY. 09:04:23 AND HIS WIFE, MARY, IS THE CHAIR OF OUR PARKS, RECREATION 09:04:30 ENVIRONMENTAL ADVISORY BOARD AS WELL. 09:04:33 BOTH OF THEM HAVE BEEN DEEPLY INVOLVED IN OUR CITY, 09:04:36 COMMUNITY, AND NEIGHBORHOOD. 09:04:37 I ASK THAT YOU ALL PLEASE KEEP TOM AND MARY IN YOUR THOUGHTS 09:04:40 AND IN YOUR PRAYERS AS YOU GO ABOUT YOUR DAY. 09:04:45 I ALSO WANTED TO PUBLICLY THANK THE SARASOTA POLICE 09:04:49 DEPARTMENT WHO HONORED TOM FRIDAY EVENING BEFORE HE PASSED. 09:04:57 HIS GRANDCHILDREN AND HIS SIBLINGS WERE PRESENT AS THEY 09:05:02 DROVE PAST TO HONOR HIM WITH THEIR LIGHTS ON. 09:05:05 IT WAS A BEAUTIFUL MOMENT. 09:05:06 I KNOW THAT HIS FAMILY DEEPLY APPRECIATED THAT AND HIS 09:05:10 GRANDKIDS WERE THERE AS WELL. 09:05:12 THANK YOU. 09:05:14 >>Mayor Battie: THANK YOU, COMMISSIONER AHEARN-KOCH. 09:05:16 I'LL ASK TO HONOR MR. FURST AND THE FAMILY IF WE COULD BOW 09:05:23 OUR HEADS FOR A MOMENT OF SILENCE. 09:05:26 [MOMENT OF SILENCE] 09:05:35 THANK YOU VERY MUCH. 09:05:37 THANK YOU. 09:05:37 >>Jen Ahearn-Koch: THANK YOU. 09:05:40 >>Mayor Battie: MOVING ON, APPROVAL OF PROPOSED AGENDA 09:05:45 SCHEDULE. 09:05:45 >>Jen Ahearn-Koch: SO MOVED. 09:05:47 >>Mayor Battie: MOTION MADE BY COMMISSIONER AHEARN-KOCH AND 09:05:50 SECONDED BY COMMISSIONER ARROYO. 09:05:52 COMMISSIONERS, MAY WE HAVE YOUR VOTES, PLEASE? 09:05:55 COMMISSIONERS, IS THAT YOUR VOTE? 09:06:05 >> YES. 09:06:05 >>Mayor Battie: WONDERFUL. 09:06:07 THE MOTION PASSES 5-0. 09:06:09 THANK YOU VERY MUCH. 09:06:10 ALL RIGHT. 09:06:12 MOVING ON TO CITIZENS' INPUT CONCERNING CITY TOPICS. 09:06:18 WE'LL CALL YOU UP FIVE BY FIVE. 09:06:21 YOU WILL BE GIVEN THREE MINUTES TO SPEAK AT WHICH YOU'LL 09:06:24 HEAR THE BUZZER. 09:06:25 THAT MEANS YOUR TIME IS UP BUT I'LL GIVE YOU FIVE SECONDS 09:06:30 GRACE PERIOD OR SO TO WRAP UP YOUR THOUGHTS. 09:06:33 START WITH MR. JOSE FERNANDEZ. 09:06:36 MR. MICHAEL SCHNEIDERMAN. 09:06:41 MR. RON SHAPIRO. 09:06:44 SCOTT McDONALD. 09:06:46 MR. HUGH. 09:06:53 MR. FERNANDEZ, FIRST UP TO BAT. 09:07:08 >> GOOD MORNING. 09:07:09 MY NAME IS JOSE FERNANDEZ. 09:07:10 I'M A RESIDENT OF SARASOTA. 09:07:13 AT YOUR LAST MEETING YOU HAD A SPIRITED DISCUSSION REGARDING 09:07:16 REGISTRATION OF PAID ADVOCATES. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:07:17 WHAT I SAW AS A COMMONSENSE PROPOSAL TURNED INTO A 09:07:21 CONTROVERSIAL SUBJECT FOR SOME OF YOU. 09:07:23 THERE'S TOO MUCH FOR ME TO ADDRESS IN MY LIMITED TIME SO 09:07:27 I'LL TRY TO HIT JUST THE HIGH POINTS. 09:07:29 FIRST, THERE WAS A LOT OF DISCUSSION REGARDING THE 09:07:31 DEFINITION OF WHAT IS AND ISN'T A LOBBYIST. 09:07:34 MS. FRANKLIN IN HER PUBLIC COMMENTS GAVE YOU A PERFECT 09:07:37 DEFINITION WHICH I WILL PARAPHRASE. 09:07:39 A PERSON WHO FOR COMPENSATION SEEKS TO INFLUENCE GOVERNMENT 09:07:43 DECISIONS. 09:07:44 JOB TITLES OR WHO THEY WORK FOR DON'T MATTER IF THEY ARE 09:07:48 BEING COMPENSATED TO INFLUENCE A GOVERNMENT DECISION, THEY 09:07:51 ARE A LOBBYIST. 09:07:52 SECOND, SOME OF YOU BELIEVE THIS IS A PROBLEM LOOKING -- 09:07:55 THIS IS A SOLUTION LOOKING FOR A PROBLEM SINCE YOU ALREADY 09:07:58 KNOW IF A PERSON IS LOBBYING. 09:08:00 I RESPECTFULLY DISAGREE. 09:08:02 YOU MAY KNOW BUT THE PUBLIC DOES NOT AND IT IS THE PUBLIC 09:08:05 WHO NEEDS TO BE PROTECTED FROM UNDO INFLUENCE BEING APPLIED 09:08:08 TO OUR ELECTED REPRESENTATIVES AND PUBLIC OFFICIALS BY PAID 09:08:12 LOBBYISTS. 09:08:14 IT ISN'T EVEN ALWAYS EVIDENT IN PUBLIC COMMENTS WHEN A 09:08:17 PERSON IS COMPENSATED FOR SPEAKING HERE. 09:08:19 THE MAYOR SHOULD STATE WHO THE INDIVIDUAL IS REPRESENTING 09:08:22 FROM A REQUEST TO SPEAK CARDS THAT WE ALL SUBMIT. 09:08:26 LASTLY, AT LEAST FOR TODAY, THERE WAS GREAT CONCERN SHOWN ON 09:08:29 THE BURDEN PLACED ON YOU AND OTHER PUBLIC OFFICIALS TO 09:08:34 ASCERTAIN WHETHER A PERSON IS A PAID ADVOCATE. 09:08:37 THAT DOESN'T SEEM AS MUCH OF A BURDEN SINCE YOU STATED YOU 09:08:40 ALREADY KNOW WHO THEY ARE. 09:08:41 AS COMMISSIONER TRICE SUGGESTED, YOU CAN SIMPLY ASK. 09:08:44 I ASSUME AN APPOINTMENT IS REQUIRED TO MEET WITH YOU SO YOUR 09:08:47 ADMINISTRATIVE ASSISTANT CAN ASK AND NOTE IT FOR YOU IN 09:08:51 ADVANCE. 09:08:52 MAKING YOUR CALENDAR EASILY ACCESSIBLE TO THE PUBLIC SO WE 09:08:56 CAN SEE WHO IS LOBBYING SHOULD ALSO BE A REQUIREMENT. 09:08:58 PRIVATE MEETINGS OUTSIDE OF THE OFFICE WITH PAID LOBBYISTS 09:09:02 SHOULD ALSO BE DISCLOSED. 09:09:04 SARASOTA IS NOT UNIQUE NOR A SMALL TOWN. 09:09:06 NAIVE TO THINK CORRUPTION CAN'T HAPPEN HERE. 09:09:08 I HAVE SEEN ITEMS GET ON AGENDAS HERE THAT CAUSE ME TO 09:09:12 WONDER WHO SPOKE TO WHO. 09:09:15 THIS ISN'T ABOUT WHAT'S EASY FOR YOU. 09:09:16 IT'S ABOUT WHAT IS EASY FOR THE PUBLIC. 09:09:18 MR. FOURNIER IS MORE THAN CAPABLE OF CRAFTING AN APPROPRIATE 09:09:21 ORDINANCE THAT PUTS THE NEEDS OF THE CITIZENS OF SARASOTA 09:09:24 FIRST. 09:09:25 THANK YOU. 09:09:25 >>Mayor Battie: THANK YOU VERY MUCH, MR. FERNANDEZ. 09:09:30 >> HELLO. 09:09:30 MY NAME IS MICHAEL SCHNEIDERMAN. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:09:33 THIS IS MY FIFTH APPEARANCE BEFORE THE COMMISSION. 09:09:37 I APPRECIATE EVERY OPPORTUNITY I HAD TO TALK ABOUT 1260 09:09:43 NORTH PALM. 09:09:43 THE PROJECT IN MY OPINION WILL CAUSE IRREPARABLE HARM TO THE 09:09:49 ENVIRONMENT ALONG PALM AVENUE AND THE COMMERCIAL BUSINESSES 09:09:51 THAT WILL LOSE THEIR LEASES. 09:09:53 IT WILL ALSO DISRUPT OTHER RETAIL BUSINESSES ALONG PALM 09:09:57 AVENUE ALL THE WAY TO MAIN STREET. 09:09:59 DRC DENIED ZONING REQUEST ON OCTOBER 13th OF THIS YEAR 09:10:06 BECAUSE OF INSUFFICIENT RETAIL SPACE AND REDUCED HABITABLE 09:10:11 SPACE, I BELIEVE THERE WILL BE OTHER CHALLENGES AFFECTING 09:10:15 THE WELL-BEING OF THE NEIGHBORHOOD SUCH AS, ONE, CHAOS AND 09:10:19 PHYSICAL BLIGHT WITH BARRICADES, HEAVY EQUIPMENT, CRANES, 09:10:23 AND TRUCKS BLOCKING PEDESTRIAN AND VEHICULAR MOVEMENTS ALONG 09:10:28 PALM AVENUE. 09:10:29 TWO, OVERBEARING BULK AND MASS OF THE SIX-STORY PARKING 09:10:33 GARAGE WHICH IS OUT OF PROPORTION TO THE STRUCTURES AROUND 09:10:37 IT. 09:10:37 INCLUDING THE BEAUTIFULLY DESIGNED CITY DECK ACROSS THE 09:10:43 STREET. 09:10:44 THREE, REMOVING HISTORIC PLUM TREES AND DAMAGE THE ROOT 09:10:51 SYSTEM OF HUNDRED-YEAR-OLD OAKS. 09:10:53 FOUR, BEING DISRESPECTFUL TO THE HISTORIC ARCHITECTURE THAT 09:10:57 IS PRESENTLY VIEWED BY DRIVING, EXITING THE JOHN RINGLING 09:11:04 BRIDGE. 09:11:04 FIVE, BLANK WALLS, GLARING GLASS FACADE OF 1260 NORTH PALM, 09:11:12 PROVIDING LITTLE OR NO OPEN SPACE. 09:11:17 WIND IMPACT, NUMBER SEVEN, WIND IMPACT FROM AN 18 STORY 09:11:22 BUILDING AT SEVERAL LOCATIONS. 09:11:25 EIGHT, SUBJECTING INFRASTRUCTURE TO UNNECESSARY RISK BY 09:11:30 BUILDING A VERY TALL AND HEAVY DEVELOPMENT ON UNTESTED 09:11:35 GEOLOGY. 09:11:36 IT APPEARS THAT THE DEVELOPER'S PRIMARY INTEREST IS HIS OWN 09:11:39 AND THAT OF THE DOWNTOWN COMMUNITY. 09:11:42 IT IS NO WONDER THAT THE DRC CONCLUDED IN THEIR REPORT, AND 09:11:46 I QUOTE, A RESIDENTIAL USE MAY NOT BE THE RIGHT USE FOR THIS 09:11:51 LOCATION. 09:11:53 THANK YOU. 09:11:53 >>Mayor Battie: THANK YOU VERY MUCH, MR. SCHNEIDERMAN. 09:11:56 MR. SHAPIRO. 09:11:59 >> GOOD MORNING. 09:12:00 MY NAME IS RON SHAPIRO. 09:12:02 I'M A SARASOTA RESIDENT. 09:12:03 I'M HERE TO REITERATE MY OPPOSITION TO THE 1260 NORTH PALM 09:12:08 PROJECT. 09:12:08 THIS PROJECT WAS INITIALLY SUBMITTED ONE YEAR AGO ON OCTOBER 09:12:11 28, 2022. 09:12:12 MULTIPLE DRC REVIEWS AND SUBMITTALS BY THE APPLICANT 09:12:16 CULMINATED IN DENIAL OF ADMINISTRATIVE SITE PLAN BY CITY 09:12:19 STAFF ON OCTOBER 13 BECAUSE IT DID NOT MEET THE STANDARDS 1, 09:12:22 3, AND 4 OF SECTION 4-506. 09:12:26 AS YOU MIGHT EXPECT, I AGREE WITH THE CITY STAFF DECISION TO file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:12:29 DENY THE APPLICATION. 09:12:30 HAVING SPENT A LOT OF TIME OVER THE PAST EIGHT MONTHS 09:12:33 STUDYING THE APPLICATION AND THE CITY CODES, I'D ARGUE THAT 09:12:36 THE DECISION TO DENY THE APPLICATION WAS ACTUALLY THE EASY 09:12:39 PART OF THE CITY'S JOB. 09:12:40 THE MORE DIFFICULT IN MY MIND WAS DECIDING ON WHAT BASIS TO 09:12:45 MAKE THE DENIAL. 09:12:46 AS I SHARED WITH THIS GROUP ON MULTIPLE OCCASIONS AND AS MY 09:12:50 COLLEAGUES ARE PRESENTING TODAY, AT LEAST ANOTHER TEN VALID 09:12:53 REASONS TO DENY THIS APPLICATION. 09:12:55 ANOTHER WORRISOME ASPECT OF THIS PROJECT IS THE NUMBER OF 09:12:58 INCORRECT CALCULATIONS MADE BY THE APPLICANT OVER THE COURSE 09:13:01 OF THE MULTIPLE SUBMISSIONS. 09:13:03 I ATTENDED ONE OF THE BEST ENGINEERING UNIVERSITIES IN THE 09:13:05 COUNTRY. 09:13:06 THE SCHOOL'S MOTTO WAS KNOWLEDGE AND THOROUGHNESS. 09:13:10 THESE MISTAKES ARE CONCERNING TO ME. 09:13:12 THIS HAS BEEN THE EASY PART OF THE PROJECT. 09:13:13 OTHER THAN THE EMOTIONAL TRAUMA, NO ONE HAS BEEN HURT YET. 09:13:17 BUT THESE MISTAKES DO NOT BODE WELL FOR WHAT WOULD BE ONE OF 09:13:21 SARASOTA'S MOST DIFFICULT AND COMPLEX CONSTRUCTION PROJECTS. 09:13:23 THIS IS DUE TO THE BUILDING'S EXTREME HEIGHT, ITS DANGEROUS 09:13:27 PROXIMITY TO EXISTING STRUCTURES AND BUILT ON A SMALL LOT 09:13:31 WITH VERY LIMITED ACCESS. 09:13:32 ALL IN A FLOOD ZONE WITH VERY STRONG WIND TUNNELING EFFECTS. 09:13:36 YES, IT SOUNDS LIKE THE PERFECT STORM. 09:13:39 IF THIS PROJECT WERE TO PROCEED TO CONSTRUCTION IT WOULD 09:13:41 CREATE IN MY MIND AN UNACCEPTABLE LEVEL OF RISK TO THE 09:13:45 HEALTH, SAFETY, AND WELL-BEING OF THE NEIGHBORHOOD, 09:13:48 NEIGHBORS AND PEDESTRIANS IN THE AREA. 09:13:50 THIS WOULD BE TRUE BOTH DURING AND AFTER CONSTRUCTION. 09:13:53 IN THIS HIGH-RISK LEVEL WOULD BECOME EVEN GREATER IF 09:13:57 MISTAKES ARE MADE DURING THE MUCH MORE COMPLEX AND 09:13:59 CHALLENGING STAGES OF THE PROJECT. 09:14:01 NOT SURPRISINGLY, THE APPLICANT HAS APPEALED TO CITY STAFF'S 09:14:05 DENIAL. 09:14:05 THE NEXT STEP IS A REVIEW OF THE PLANNING BOARD IN THE NEXT 09:14:08 MONTH OR SO AND LIKELY A SUBSEQUENT REVIEW WITH YOU, THE 09:14:12 CITY COMMISSIONERS. 09:14:13 WE'VE ATTENDED EVERY ONE OF YOUR MEETINGS OVER THE PAST SIX 09:14:16 MONTHS STARTING WITH MAY 1st TO EXPRESS OUR STRONG 09:14:19 OPPOSITION TO THIS PROJECT, AND WE REPRESENT THOUSANDS OF 09:14:22 SARASOTA RESIDENTS WHO AGREE WITH OUR POSITION. 09:14:24 WE WILL CONTINUE THIS EFFORT UNTIL A FINAL DECISION AND 09:14:28 HOPEFULLY THE RIGHT DECISION OF A DENIAL IS MADE. 09:14:31 THANK YOU. 09:14:32 >>Mayor Battie: THANK YOU, SIR. 09:14:33 MR. McDONALD. 09:14:36 >> GOOD MORNING, MR. MAYOR, CITY COMMISSIONERS AND CITY 09:14:38 STAFF. 09:14:38 THANK YOU FOR THE OPPORTUNITY TO SPEAK THIS MORNING. 09:14:40 MY NAME IS SCOTT McDONALD. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:14:42 I'M SPEAKING ON BEHALF OF THE ST. ARMANDS CIRCLE 09:14:46 ASSOCIATION. 09:14:46 I'M HERE TODAY IN REFERENCE TO A SPECIAL EVENTS PERMIT THAT 09:14:49 OUR ASSOCIATION SUBMITTED EARLIER THIS YEAR FOR OUR ANNUAL 09:14:51 HOLIDAY CHRISTMAS TREE LIGHTING EVENT. 09:14:54 IT WAS BROUGHT TO OUR ATTENTION LAST WEEK THAT THERE WERE 09:14:56 MAJOR CONCERNS BASED ON WHAT TRANSPIRED LAST YEAR IN US 09:14:59 HOSTING THE EVENT. 09:15:00 AS WE SPEAK TODAY, THE TREE IS BEING INSTALLED, THE CIRCLE 09:15:03 IS BEING DECORATED AND RAISED OVER $30,000 IN DONATIONS AND 09:15:07 CONTRIBUTIONS TO HELP PAY FOR THE TREE, THE DECORATIONS AND 09:15:10 THE NIGHT OF THE EVENT. 09:15:11 WE HAVE ARRANGED FOR VARIOUS ENTERTAINMENT FOR THAT NIGHT. 09:15:15 WE'RE HOPING TO HAVE SANTA CLAUS COME IN ON A FIRE TRUCK. 09:15:19 WE HAVE A BUNCH OF CHILDREN'S GROUPS COMING OUT. 09:15:21 BALLET DANCERS, SINGERS, AND A LOT OF FAMILY FRIENDLY EVENTS 09:15:26 PLANNED FOR THAT EVENING. 09:15:27 WE'VE BEEN DOING THIS EVENT FOR OVER 30 YEARS AND WE REALLY 09:15:31 HOPE WE CAN CONTINUE THIS TRADITION. 09:15:32 I TRULY APOLOGIZE FOR WHAT TRANSPIRED LAST YEAR. 09:15:37 IT WAS BAD ON BOTH SIDES AND I TRULY APOLOGIZE FOR THAT. 09:15:42 I HOPE YOU CONSIDER APPROVING OUR SPECIAL EVENTS PERMIT AND 09:15:46 WE CAN FIGURE OUT A WAY TO HOST THE EVENT. 09:15:49 LOVE TO HAVE THE COMMISSIONERS OUT THERE, THE MAYOR, LIGHT 09:15:51 THE TREE, KICK OFF HOLIDAY NIGHT AT ST. ARMANDS AND GET BACK 09:15:54 TO HOSTING A GREAT HOLIDAY NIGHT. 09:15:57 LIKE I SAID, I'M TRULY SORRY FOR WHAT HAPPENED LAST YEAR AND 09:16:01 HOPE YOU CONSIDER OUR SPECIAL EVENTS PERMIT. 09:16:03 >>Mayor Battie: THANK YOU. 09:16:04 MR. FIORE. 09:16:05 >> GOOD MORNING. 09:16:06 HUGH FIORE. 09:16:07 I RESIDE AT 162 NORTH WASHINGTON DRIVE ON ST. ARMANDS. 09:16:12 YOU ALL KNOW ME AS A LONG-STANDING BOARD MEMBER OF THE 09:16:15 ST. ARMANDS RESIDENTS ASSOCIATION. 09:16:16 I'M HERE THIS MORNING AS A NEW BOARD MEMBER OF THE 09:16:21 ST. ARMANDS CIRCLE ASSOCIATION. 09:16:22 THE CIRCLE ASSOCIATION HAS BEEN IN EXISTENCE SINCE 1965 AND 09:16:27 WITH THE EXCEPTION OF LAST YEAR HAS SPONSORED THE TREE 09:16:31 LIGHTING FOR 30, PROBABLY ALMOST 40 YEARS. 09:16:34 I URGE YOU TO APPROVE THIS EVENT APPLICATION. 09:16:38 IT IS TIME TO MOVE ON FROM THE MISUNDERSTANDING OF LAST YEAR 09:16:42 AND CONTINUE WITH THIS LONG-STANDING TRADITION. 09:16:46 THANK YOU FOR YOUR TIME. 09:16:47 >>Mayor Battie: THANK YOU, SIR. 09:16:48 THANK YOU, GENTLEMEN. 09:16:49 MR. ANDREW VAC AND MR. PAUL HESS. 09:17:07 >> GOOD MORNING, EVERYBODY. 09:17:08 THANK YOU FOR LETTING ME BE HERE. 09:17:10 THE ST. ARMANDS CIRCLE ASSOCIATION HAS BEEN DOING THE ANNUAL 09:17:13 TREE LIGHTING FOR OVER 40 YEARS IN PARTNERSHIP WITH THE 09:17:16 CITY. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:17:16 WE WANT THIS TRADITION TO CONTINUE AND HOPE THE CITY DOES 09:17:21 ALSO. 09:17:22 THE ASSOCIATION SUBMITTED A SPECIAL EVENT PERMIT IN JULY OF 09:17:25 THIS YEAR FOR THE ANNUAL TREE LIGHTING AND FESTIVITIES ON 09:17:28 THAT WEEKEND OF DECEMBER 1st TO DECEMBER 3rd. 09:17:31 WE'RE HERE TO INFORM YOU THAT THE CITY COMMISSION RECEIVED 09:17:34 THAT EVENT AND IS PENDING APPROVAL BY THE CITY AND WE'RE 09:17:37 HOPING THAT WE CAN HAVE THE TREE LIGHTING PERMIT AND DO THE 09:17:40 TREE LIGHTING AS WE'VE ALWAYS DONE. 09:17:42 WE'VE PARTNERED WITH YOU ALL THESE YEARS AND DONE A GREAT 09:17:45 JOB TOGETHER AND WE WANT THAT TRADITION TO CONTINUE. 09:17:47 THANK YOU. 09:17:48 >>Mayor Battie: THANK YOU, SIR. 09:17:49 MR. HESS. 09:17:51 >> GOOD MORNING. 09:17:52 MY NAME IS PAUL HESS. 09:17:54 MY WIFE AND I ARE FULL-TIME RESIDENTS LIVING IN THE ARTS 09:17:57 DISTRICT OF SARASOTA. 09:17:58 WE WERE VERY PLEASED THAT SARASOTA DENIED THE APPLICATION 09:18:02 FOR THE OBSIDIAN PROJECT AT 1260 NORTH PALM AVENUE AND WE 09:18:06 SPECIFICALLY WANT TO THANK CITY STAFF FOR THEIR 09:18:08 WELL-REASONED DECISION AND FOR LISTENING TO THE CITY 09:18:11 RESIDENTS. 09:18:12 THERE ARE AT LEAST 10 REASONS WHY OBSIDIAN SHOULD STILL BE 09:18:16 OPPOSED. 09:18:17 ONE, IT'S TOO TALL. 09:18:18 AT 342 FEET, IT'S 90 FEET TALLER THAN ANY OTHER SARASOTA 09:18:23 CONDO BUILDING, GIVEN THE CITY LIMIT OF 14 FEET PER STORY, 09:18:27 OBSIDIAN WOULD BE OVER 24 STORIES TALL, VIOLATING THE CITY'S 09:18:31 18-STORY LIMIT. 09:18:33 TWO, ITS USE OF INTERSTITIAL SPACE BLATANTLY ABUSES 09:18:39 SARASOTA'S 18 STORY LIMIT, CONTRARY TO SARASOTA PAST 09:18:42 PRACTICE AND IS INCONSISTENT WITH INDUSTRY STANDARDS. 09:18:45 IT IS USED SOLELY TO INCREASE ITS HEIGHT BEYOND BAY PLAZA TO 09:18:49 GET MULTIMILLION DOLLAR PRICING. 09:18:51 THREE, PENTHOUSE SECOND FLOOR IS NOT COUNTED AS AN 09:18:57 ADDITIONAL FLOOR EVEN THOUGH IT HAS ALL THE CHARACTERISTICS 09:19:00 OF A FLOOR. 09:19:02 IT IS A 19th FLOOR VIOLATING THE 18 STORY LIMIT. 09:19:06 FOUR, ITS LOT IS TOO SMALL. 09:19:09 SINCE IT IS SMALLER THAN AN OLYMPIC SIZE SWIMMING POOL, THE 09:19:12 DEVELOPMENT CANNOT MEET SARASOTA'S ZONING REQUIREMENTS. 09:19:16 FIVE, IT FAILS SARASOTA'S ZONING REQUIREMENTS FOR THE AMOUNT 09:19:19 OF HABITABLE SPACE ON THE FIRST TWO STORIES. 09:19:22 SIX, IT FAILED SARASOTA ZONING REQUIREMENTS FOR THE AMOUNT 09:19:26 OF RETAIL SPACE. 09:19:27 SEVEN, BUSINESSES ARE ELIMINATING, PERMITTING ONLY ONE 09:19:33 BUSINESS IN ONE-THIRD OF THE ORIGINAL RETAIL SPACE. 09:19:35 SEVEN, IT VIOLATES SARASOTA ZONING CODES BY PROPOSING TO PUT 09:19:38 TRASH AND RECYCLING CONTAINERS ON PALM AVENUE SIDEWALK 09:19:42 RATHER THAN STORING THEM INSIDE THE BUILDING. 09:19:44 EIGHT, IT LACKS A LOADING ZONE AND HAS ACCESS ONLY VIA PALM file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:19:50 AVENUE, LOCATED DIRECTLY OPPOSITE THE PALM AVENUE CITY 09:19:55 PARKING GARAGE, IT WILL CAUSE MAJOR DISRUPTIONS TO PALM 09:19:58 AVENUE TRAFFIC, BUSINESSES, AND RESIDENTS, ESPECIALLY DURING 09:20:03 CONSTRUCTION, CITY EVENTS AND EMERGENCY AS ONE OF MY OTHER 09:20:07 COLLEAGUES POINTED OUT. 09:20:08 NINE, ITS HEIGHT AS NOTED BY CITY STAFF, BLOCKS THE SUN, 09:20:13 SHADING SOLAR PANELS ON THE TOP OF THE PALM AVENUE PARKING 09:20:16 GARAGE. 09:20:17 AND TEN, IT FAILS TO COMPLY WITH SARASOTA ZONING CODE 09:20:23 COMPATIBILITY CRITERIA AS WELL AS THE DOWNTOWN MASTER PLAN'S 09:20:26 WALKABILITY AND PEDESTRIAN FRIENDLINESS REQUIREMENTS. 09:20:30 LIKE THOUSANDS OF SARASOTANS WHO HAVE SIGNED PETITIONS, WE 09:20:34 WILL CONTINUE TO OPPOSE THE OBSIDIAN PROJECT'S APPEAL TO THE 09:20:38 PLANNING BOARD. 09:20:38 WE IMPLORE SARASOTA TO CONTINUE TO OPPOSE IT. 09:20:42 THANK YOU. 09:20:43 >>Mayor Battie: THANK YOU, GENTLEMEN. 09:20:45 REALLY APPRECIATE YOUR INPUT. 09:20:47 MOVING ON TO THE APPROVAL OF THE MINUTES. 09:20:53 ASK IF THERE ARE ANY CORRECTIONS TO THE MINUTES OF THE 09:20:56 REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 2. 09:21:01 >>Jen Ahearn-Koch: MR. MAYOR, I HAD NO CORRECTIONS OR EDITS 09:21:07 OR SUGGESTIONS ON EITHER OF THE TWO SETS OF MINUTES, SO 09:21:08 THANK YOU. 09:21:09 >>Mayor Battie: WOW. 09:21:10 EXCELLENT. 09:21:10 I THINK MEETING ADJOURNED. 09:21:31 >>Jen Ahearn-Koch: WITH THAT, I WOULD MOVE APPROVAL. 09:21:33 >>Mayor Battie: MOTION MADE BY COMMISSIONER AHEARN-KOCH AND 09:21:36 SECONDED BY COMMISSIONER TRICE. 09:21:37 COMMISSIONERS, MAY WE HAVE YOUR VOTES, PLEASE. 09:21:44 >>Shayla Griggs: MAYOR, HIT YOUR BUTTON ONE MORE TIME FOR ME 09:21:47 PLEASE. 09:21:48 SORRY. 09:21:48 THANK YOU. 09:21:48 >>Mayor Battie: COMMISSIONERS, IS THAT YOUR VOTE? 09:21:50 >> YES. 09:21:50 >>Mayor Battie: EXCELLENT. 09:21:51 MOTION PASSES 5-0. 09:21:53 MOVING ON TO THE APPROVAL OF THE MINUTES OF THE SPECIAL 09:21:57 JOINT MEETING OF THE SARASOTA CITY COMMISSION AND THE TOWN 09:22:00 COMMISSION OF LONGBOAT KEY. 09:22:03 >>Jen Ahearn-Koch: MOVE APPROVAL. 09:22:05 >>Debbie Trice: SECOND. 09:22:06 >>Mayor Battie: WOW. 09:22:06 COMMISSIONERS, CAST YOUR VOTES ON THIS MONUMENTAL MOMENT. 09:22:13 COMMISSIONERS, IS THAT YOUR VOTE? 09:22:18 >> YES. 09:22:19 >>Mayor Battie: BEAUTIFUL. 09:22:20 MOTION PASSES 5-0. 09:22:22 MOVING ON TO CONSENT AGENDA NUMBER 1, I'LL ASK IF THERE ARE 09:22:33 ANY ITEMS TO BE PULLED. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:22:35 FROM CONSENT AGENDA NUMBER 1. 09:22:39 EXCELLENT. 09:22:41 IS THERE A MOTION TO APPROVE THE BALANCE OF CONSENT AGENDA 09:22:44 NUMBER 1? 09:22:46 >>Jen Ahearn-Koch: SO MOVED. 09:22:47 >>Mayor Battie: MOTION MADE BY COMMISSIONER AHEARN-KOCH. 09:22:49 SECONDED BY COMMISSIONER ARROYO. 09:22:51 COMMISSIONERS, MAY WE HAVE YOUR VOTES, PLEASE. 09:22:55 COMMISSIONERS, IS THAT YOUR VOTE? 09:23:00 MOTION PASSES 5-0. 09:23:02 MOVING ON TO ITEM 8.1, BOARD APPOINTMENTS. 09:23:07 APPOINTMENT TO THE PUBLIC ART COMMITTEE. 09:23:09 I CALL UPON OUR CITY AUDITOR AND CLERK, MS. SHAYLA GRIGGS. 09:23:13 >>Shayla Griggs: THANK YOU, SIR. 09:23:15 WE'RE TRYING TO GET THROUGH A COUPLE OF TECHNICAL ISSUES 09:23:19 HERE. 09:23:19 A VACANCY CURRENTLY EXISTS ON THE PUBLIC ART COMMITTEE DUE 09:23:22 TO THE TERM EXPIRATION OF MS. JOANNE MCCOBB WHO HELD THE 09:23:25 SEAT DESIGNATED FOR A MEMBER OF LOCAL ARTS ORGANIZATION. 09:23:28 THE STAR PROGRAM MEMBER SEAT ALSO EXPIRES OCTOBER 2023. 09:23:33 YOU HAVE APPLICATIONS FOR YOUR CONSIDERATION. 09:23:37 >>Mayor Battie: EXCELLENT. 09:23:39 COMMISSIONER AHEARN-KOCH. 09:23:44 >>Jen Ahearn-Koch: I WOULD LIKE TO NOMINATE MS. KINSEY ROBB 09:23:47 AND BRADEN CRESSELL-SIMMONS. 09:23:52 >>Vice-Mayor Alpert: I'LL SECOND. 09:23:53 >>Mayor Battie: WE HAVE A MOTION TO APPROVE BY COMMISSIONER 09:23:56 AHEARN-KOCH AND SECONDED BY VICE MAYOR ALPERT. 09:24:02 >>Shayla Griggs: DO WE HAVE CONSENSUS? 09:24:05 >>Mayor Battie: WE HAVE CONSENSUS. 09:24:06 EXCELLENT. 09:24:10 WELCOME MRS. ROBB AND THE GENTLEMAN, I FORGOT HIS NAME. 09:24:14 BRADEN SIMMONS. 09:24:18 EXCELLENT. 09:24:19 WELCOME TO THE PUBLIC ART COMMITTEE. 09:24:21 WE ARE MOVING ON TO UNFINISHED BUSINESS. 09:24:28 THIS IS THE SECOND READING OF PROPOSED ORDINANCE 23-5490. 09:24:34 I CALL UPON OUR CITY AUDITOR AND CLERK, MS. SHAYLA GRIGGS, 09:24:38 TO READ THE ORDINANCE. 09:24:40 >>Shayla Griggs: THANK YOU, SIR. 09:24:41 ORDINANCE 23-5490, AN ORDINANCE OF THE CITY OF SARASOTA, 09:24:46 FLORIDA, AMENDING THE CODE OF THE CITY OF SARASOTA, CHAPTER 09:24:50 8, ANIMALS, ARTICLE I, IN GENERAL, BY ADDING A NEW SECTION 09:24:55 8-10 ENTITLED NO-KILL SHELTERS, PROVIDING DEFINITIONS FOR 09:25:00 THE TERMS ANIMAL SHELTER AND NO-KILL SHELTER, PROVIDING THAT 09:25:04 ANIMAL SHELTERS IN THE CITY OF SARASOTA SHALL OPERATE AS 09:25:06 NO-KILL SHELTERS, PROVIDING FOR READING BY TITLE ONLY; AND 09:25:10 PROVIDING AN EFFECTIVE DATE. 09:25:12 >>Mayor Battie: EXCELLENT. 09:25:15 CALL -- THANK YOU, MRS. GRIGGS. 09:25:18 CALL UPON OUR CITY ATTORNEY, MR. BOB FOURNIER. 09:25:21 >>Robert Fournier: THANK YOU, MAYOR. file:///C/Users/mahadiv-042/Desktop/23-11-06-Commission.txt[11/7/2023 5:34:50 AM]

09:25:22 THIS IS ACTUALLY A SECOND READING OF THIS ORDINANCE. 0

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