Book 68 Page 40061 01/30/23 11:00 A.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 30, 2023 PRESENT: Mayor Kyle Scott Battie (arrived at 11:01 A.M.), Vice Mayor Liz Alpert, Commissioners, Erik Arroyo, Jen Ahearn-Koch, and Debbie Trice, City Manager Marlon Brown, City Attorney Robert Fournier, and Deputy City Auditor and Clerk Lori Rivers ABSENT: City Auditor and Clerk Shayla Griggs The meeting was called to order by Mayor Battie at 11:03 A.M. INVOCATION: Deputy City Auditor and Clerk Rivers PLEDGE OF ALLEGIANCE: Vice Mayor Alpert 1. CHANGE TO THE ORDER OF THE DAY 1) Please add under New Business, Agenda Item No. IV.1, Discussion Re: Development review process for proposed One Park condominium at Quay Sarasota, per the request of Commissioner Trice Mayor Battie noted Commission consensus to accept the Change to the Order of the day. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) No one signed up to speak. 3. INTRODUCTION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO THE LITIGATION EXPENDITURES IN THE MATTER OF JEFFREY WEISS AND LISA BERNSTEIN V. CITY OF SARASOTA (CASE NO.: 2022 CA 000603 NC) CIRCUIT COURT FOR TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, CIVIL DIVISION) (AGENDA ITEM II-1) City Attorney Fournier stated that at the January 17, 2023, Regular Sarasota City Commission Meeting, Commission consensus was sought and granted to hold an out-olthe-sunshine, attorney-client session; that the Special Commission meeting will be partially out-or-the-sunshine in accordance with Section 286.011(8), Florida Statutes, to discuss settlement negotiations and strategy related to litigation expenditure in the matter of Jeffrey Weiss and Lisa Bernstein V. City of Sarasota.(Case No. 2022 CA 000603 NC), Circuit Court for Twelfth Judicial Circuit in and for Sarasota County, Civil Division; that the out-oltne-sunshine, attorney-client session will be transcribed and the transcript will remain sealed until the conclusion of the litigation; that the outolthe-sunshine, attorney-client session Agenda states approximately 60 minutes; however, the estimated timeframe may be 30 minutes; that the following people will be in attendance: Kyle Scott Battie, Mayor; Liz Alpert, Vice Mayor; Commissioner, Erik Arroyo, Commissioner, Jen Ahearn-Koch, and Commissioner; Debbie Trice, Marlon Brown, City Manager; Robert Fournier, City Attorney; Joseph Mladinich, Assistant City Attorney; and a Certified Court Reporter 4. ATTORNEY.CLIENT SESSION (AGENDA ITEM II) The Commission recessed at 11:08 A.M. into an Out-ol-tne-sunshine, attorney-client session in Room 109, City Hall, and reconvened at 11:28 A.M. 4. DISCUSSION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO THE LITIGATION EXPENDITURES IN THE MATTER OF JEFFREY WEISS AND LISA BERNSTEIN V. CITY OF SARASOTA (CASE NO.: 2022 CA 000603 NC) CIRCUIT COURT FOR TWELFTHJUDICIAL (AGENDA ITEM III-1) Mayor Battie closed the out-of-he-sunshine, attorney-client session and reconvened the January 30, 2023, Special Sarasota City Commission Meeting. City Attorney Fournier stated that the out-olthe-sunshine, attorney-client session is closed and the January 30, 2023, Special Sarasota City Commission Meeting reconvened at 11:28 A.M.;t that a motion is sought to approve a settlement agreement as recommended by City Counsel which will be accepted by the Plaintiffs, Jeffrey Weiss and Lisa Bernstein to settle this litigation for the sum of $49,900. A motion was made by Commissioner Ahearn-Koch, seconded by Vice Mayor Alpert for the City to pay the settlement sum of $49,900 to the Plaintiffs, Jeffrey Weiss and Lisa Bernstein, which carried by a 5-0 vote. 5. NEW BUSINESS (AGENDA ITEM IV) 1) RE: DEVELOPMENT REVIEW PROCESS FOR PROPOSED ONE PARK CONDOMINIUM AT QUAY SARASOTA (AGENDA ITEM IV-1) Commissioner Trice presented and requested the City Attorney to provide input related to Block 6 regarding the proposed building of residential condominiums to be known as One Park. Question posed by the City Attorney to the Mayor asking should Citizens' Input be received first, Commissioner. Ahearn-Koch and the Vice Mayor agreed, but Commissioner Trice stated that the preference would be to not receive Citizens' Input first but would yield to what the other Commissioners favor. City Attorney Fournier presented and provided a brief historical overview and reference from printed materials included in the Agenda backup materials. Commissioner Trice stated that the Site Plan(s) (SP) must be consistent with the general development plan and posed a question to the City Attorney asking if SPs of other developments which came before Blocks 1 and 9 were also consistent, and the City Attorney stated that apparently, they were since there were no requests for a major amendment or revision to the general development plan. Question posed by the Vice Mayor to the City Attorney asking if the merits are not an issue today, City Attorney Fournier stated that is true, it is only the process. Commissioner Arroyo spoke to the topic and posed a question asking who canceled the Quasi-Judicial Public Hearing, Agenda Item C, Item No. 1, Quay Development Agreement Amendment (601 Quay Commons) Development Agreement Application No. 23-DA-01, at the December 14, 2022, Regular Planning Board/Local Planning (PBLP) Agency Meeting, the City Manager stated Staff and the City Attorney stated that the November 23, 2022, Special Development Review Committee (DRC) Meeting was canceled publicly. Question posed by Commissioner Arroyo asking who canceled the January 2023 meeting regarding the Quay Development Agreement (DA), Amendment, the City Attorney stated that the belief is a meeting was not scheduled; however, he did cancel a meeting scheduled for February 2023. Commissioner Arroyo voiced concerned and asked who is charge since this is an administrative function to be handled by the City Manager, and the City Attorney stated that the belief is it would be easier if everyone could be heard first and then he could say what he has to say, and then ask questions. Book 68 Page 40062 01/30/23 11:00 A.M. Book 68 Page 40063 01/30/23 11:00 A.M. City Attorney Fournier stated that on November 27, 2022, it became apparent there was a dispute since the Applicant had filed and the item was scheduled rapidly. Question posed by Commissioner Arroyo to the City Manager asking if he oversees this process, the City Manager stated correct and the City Attorney stated yes and no. City Manager Brown stated that when discussion took place in November 2022, the Attorney(s) for Block 6 indicated this is unprecedented although there is nothing in the City Code which would preclude from having a Special PBLP Meeting, Staff said a meeting would be scheduled in December 2022; however, supposedly the Attorney(s) informed Staff that they were not available; that the December 14, 2022, Regular PBLP Agency Meeting was canceled in order to accommodate them; that at a meeting the City Attorney told the Commission he would review the process, draft something and return back before the Commission. City Manager Brown stated that just like in the past if an Applicant(s) wants to withdraw or wants something continued, they can request that before the PBLP which has been granted in the past, provided an example of a combination Comprehensive Plan/Rezoning, or in this case the DA/SP, and the City Attorney commented to the City Manager "that is the legal advice you have been giving them which is where this question came from and is now understood. Commissioner Trice spoke to the topic and requested the City Attorney to explain his statement about how his process would "save time" which was addressed by the City Attorney who stated that the SP has to be reviewed by July 14, 2023. Question posed by the Vice Mayor to the City Attorney asking would it be best to wait and the City Attorney stated that he is wondering if maybe it would not; however, moving forward and going through the entire process is favored. Citizens' Input received from individuals in the SRQ Media Studio at City Hall Annex. City Attorney Fournier provided input as the result of receiving Citizens' Input and spoke to the topic. Deputy City Auditor and Clerk Rivers left and returned to her seat at 12:24 P.M. Deputy City Auditor and Clerk Rivers left and returned to her seat at 12: 25 P.M. The Commission recessed at 12:50 P.M. and reconvened at 1:02 P.M. Vice Mayor Alpert stated that no matter the decision made today it would not be a reflection on the City Attorney who made an effort to be fair, reviewed the situation thoroughly, and came up with a process from his perspective which was the best of both worlds, and asked why would Block 6 rights be affected to hear the two issues separately and would not the Applicant(s) be able to comment at the Legislative and Quasi-Judicial Public Hearings, the City Attorney stated that the Applicant(s) can comment at both Public Hearings; however, the belief is it is about what they want to say since they would need to have an appropriate record for the SP Application. Commissioner Arroyo concurred with the Vice Mayor that no matter the decision made today it would not be a reflection on the City Attorney and stated that his issue is with the separation of powers; that the City Attorney should draft memorandums to inform the Commission about legal issues and Staff is to conduct all meetings, review items presented to the DRC. Commissioner Ahearn-Koch spoke to the topic and stated that typically when Applications are Legislative and Quasi-Judicial come before the Commission they usually go before the PBLP consolidated but are voted on separately although the presentation is combined, and then come before the Commission separated, and the City Attorney stated that is what has been happening lately which would be the preference. Commissioner Ahearn-Koch stated that this has been the process time-after-time up to this point; however, why this process is now unfair is not understood, and the City Attorney stated that the belief is the current process is fair. Commissioner Trice thanked the City Attorney for providing input and asked if the process which was outlined in the memorandum drafted to the Commission dated January 09, 2023, and included in the Agenda backup materials and explained today was reviewed with Development Services (DS) Department and if they concur, the City Attorney stated yes; that he has spoken with the DS Department Director Lucia Panica-Miranda and others about what remains to be done on the SP and they did concur with the fact that the SP was ready to go to Public Hearing at the present time, and the City Manager provided input. A motion was made by Commissioner Arroyo, and seconded by Vice Mayor Alpert for discussion to allow the Applicant(s) to have a Public Hearing on the Quay Development Agreement Amendment (601 Quay Commons) Development Agreement Application No. 23-DA-01 to proceed stand-alone. Vice Mayor Alpert spoke to the topic and posed questions to the City Attorney which were addressed and Commissioner Ahearn-Koch provided input. Commissioner Ahearn-Koch spoke to the motion which is not supported and stated that the City Attorney's recommendation and process is supported. Commissioner Trice spoke to the motion. Commissioner Arroyo spoke to the motion. Questions posed by the Vice Mayor to the City Attorney was addressed. Mayor Battie called for a vote on the motion which was reiterated by Deputy City Auditor and Clerk Rivers to allow the Applicant(s) to have a Public Hearing on the Quay Development Agreement Amendment (601 Quay Commons) Development Agreement Application No. 23-DA-01 to proceed stand-alone, which carried by a 4-1 vote, with Commissioner Ahearn-Koch voting no. 6. ADJOURN (AGENDA ITEM IV) Mayor Battie adjourned the Special Sarasota City Commission meeting at 1:56 P.M. - SA KYLE ECOTT BATTIE, MAYOR AEFEST: 9 89 0 Baxd lues LORI RIVERS DEPUTY CITY AUDITOR AND CLERK Book 68 Page 40064 01/30/23 11:00 A.M.