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

  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
  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
  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



  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



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.

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.