Agenda Digest: City Commission (10/11/2022)

On Tuesday, October 11, 2022, the Coral Gables City Commission will hold its next City Commission meeting. Here is a rundown of the agenda for this upcoming meeting. Click here to see the full agenda.

Non-credited quotes in this article are excerpts from the memos presented to the Commission explaining the items.

Gables Insider comments on specific items can be found in blue.

Watch Meeting

To watch the meeting live on Tuesday, October 11th at 9:00AM, click here. The meeting will also be available live on the City’s YouTube Channel. You can watch it by clicking here.

Consent Agenda

E-1: A Resolution of the City Commission authorizing the Rotary Club of Coral Gables to sell alcoholic beverages at Fred B. Hartnett Ponce Circle Park on Sunday, October 30th, 2022, from 1:00 p.m. to 5:00 p.m. during the “Rotary Club of Coral Gables Chili Cook Off” event to benefit the Rotary Club of Coral Gables, subject to Florida Department of Professional Regulation Requirements.

“This request is for the Rotary Club of Coral Gables to serve alcoholic beverages during the Rotary Club of Coral Gables Chili Cook Off event and is in compliance with the laws of the State of Florida. The event is a Chili Cook Off in which there will be several categories where competitors will participate, competing in a taste contest. There will be no charge for general admission, but tickets will be sold to individuals in order to taste the chili. There will be several types of vendors including a beer vendor, food vendor, and dessert vendor. In addition to those vendors, the Rotary Foundation of Coral Gables will be preparing food for sale and the sale of soft drinks. The entertainment provided will be a mix of live and recorded music with bounce houses for children. This request has been reviewed by the City’s Special Events Committee.”

E-2: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Legislative Consulting Services contract RFP 2022-014 to The Southern Group of Florida, Inc., the highest ranked responsive-responsible proposer, pursuant to Section 2-763 of the Procurement Code entitled “Contract Award”.

“The purpose of this RFP is to award a qualified, experienced, and licensed firm specializing in the area of State and Local Legislative Consulting Services. On June 29, 2022, the Procurement Division of Finance formally advertised, issued, and distributed Legislative Consulting Services, Request for Proposals (RFP) 2022-014. Twenty-Five (25) prospective proposers downloaded the RFP package from Public Purchase, the City’s web-based e-Procurement service. On August 1, 2022, seven (7) firms submitted proposals in response to the RFP: Akerman, LLP; Capital City Consulting; Continental Strategy; Converge Public Strategies; Pittman Law Group, P.L., Sun City Strategies, LLC and The Southern Group of Florida, Inc. On September 14, 2022, the Evaluation Committee convened to evaluate the five (5) responsive and responsible proposals and ranked the firms in the following order of preference: The Southern Group of Florida, Inc (top-ranked), Capital City Consulting (second ranked), Akerman, LLP (third ranked), Pittman Law Group, P.L. (fourth ranked), and Sun City Strategies, LLC (fifth ranked). The Evaluation Committee determined that The Southern Group of Florida, Inc., was the highest ranked responsive-responsible proposer. The Chief Procurement Officer recommends accepting the Evaluation Committee’s recommendation to award and negotiate an agreement with The Southern Group of Florida, Inc., for RFP 2022-014 Legislative Consulting Services for an initial period of three (3) years with the option to renew for two (2) additional one (1) year periods.”

E-3: A Resolution of the City Commission pursuant to Section 2-501(D) of the City Code, waiving the competitive process of the Procurement Code to authorize the City Manager or his or her designee to execute an agreement with Downtown Works to provide retail consulting service in an amount not to exceed $15,000.00 annually.

“Downtown Works, a consultant with special skills, abilities, and expertise, has assisted the City in developing the City’s retail strategy and has served as the City’s retail consultant regarding new and existing businesses. Ongoing retail consulting services benefit the City, business owners, property owners, and residents and given that Downtown Works is intimately familiar with the City’s retail strategy and its implementation, the City wishes to continue engaging Downtown Works for ongoing retail consulting services for an amount not to exceed $15,000 annually for a one-year period with the option to renew for an additional two (2), one-year periods, at the City’s sole discretion. The proposed resolution makes a finding by the City Commission that it is in the best interests of the City to waive the competitive process of the Procurement Code, pursuant to Section 2-501(d), to engage the ongoing retail consulting services of Downtown Works.”

E-4: A Resolution of the City Commission authorizing the execution of an agreement for sewer connection for property located outside the City’s sewer district at 1201 Memorial Drive, Coral Gables, Florida to the City of Coral Gables wastewater collection / transmission system, subject to the requirements of the Public Works Department, as provided under Chapters 62 and 78 of the City Code, Ordinance Nos. 2007-29 and 2009-39 and Resolution No. 2008-07; and provided that the executed agreement be made part of this resolution.

“The University of Miami’s Facilities Operation & Planning Department, on behalf of the property Owner, University of Miami Real State Office, is requesting authorization for an outside sewer connection to the City Sanitary sewer district to serve their new Miami Frost Institute of Chemistry & Molecular Science building. The building is located at 1201 Memorial Drive and shall be subject to the requirements of the Public Work Department, as set forth in Chapter 62 and 78 of the City Code, Ordinance No. 2007-29, and No. 2009-39 and Resolution No. 2008-07. The property is located within the University of Miami’s private sanitary sewer service area, and their pump station 77-UM04D will serve the project and discharge directly through the City of Coral Gables’ force main. As per Miami-Dade Department of Regulatory and Economic Resources (RER), the receiving pump station has sufficient capacity for the proposed project and all downstream pump stations, including the treatment plant, have capacity, at this time. The request consists of a sewer extension of private gravity lines to connect into existing gravity main into the University collection System discharging into the City of Coral Gables’ force main located along Ponce de Leon that flows in the City’s manifold force main system. The property Owner agrees to comply with the terms outlined in Ordinance Nos. 2007-29 and 2009-39 (City Code Section 78-106), and Resolution No. 2008-07 and enter into an agreement, according to University of Miami, Facilities Operation & Planning’ Letter of Agreement, to be approved by the City Attorney. Concurrently, upon signing the agreement, the property Owner agrees to pay the City of Coral Gables a connection fee based on the estimated daily peak flow. The estimated daily peak flow was estimated based on the proposed additional average flows of 10,382 GPD and a peak factor demand of 4.24. For an estimated peak flow demand of 44,019.68 GPD. The fee has been estimated to be $92,441.33. The property Owner shall provide a Maintenance or other Surety Bond in the amount of five percent (5%) of the construction cost to assure timely repairs of the property Owner’s facilities,should failure occur. Said Bond is to run in perpetuity or until connection is no longer required. The property Owner shall provide Liability Insurance in the amounts required by Resolution No.2008-07, naming the City as additional insured, and covering any damages to public and private property due to failure in the customer’s facilities. A Certificate of Insurance shall be required at the execution of the agreement in a form of acceptable to the City of Coral Gables. The property Owner shall provide the City with final plans and certifications for approval by the Public Works Department and Miami-Dade RER. The property Owner shall secure all required permits to perform this project. Upon approval of the University of Miami, Facilities Operation& Planning’s Letter of Agreement, an agreement will be executed and shall be made part of this Resolution and be kept in the office of the City Clerk.”

E-5: A Resolution of the City Commission confirming the appointment of Eduardo Garcia (Nominated by the Board-As-A-Whole) to serve as a member of the Parks and Recreation Youth Advisory Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-6: A Resolution of the City Commission authorizing a contract modification to the Elevator, Escalators and Moving Walks with related Equipment Services, Accessories and Supplies Contract 100516-TKE, with ThyssenKrupp Elevator Corporation pursuant to Section 2-764(b), Approval of Change Orders and Contract Modifications, in an annual estimated amount of $145,000 for additional elevator repair services to be performed. Lobbyist: N/A.

“On May 24, 2018, the City entered into a piggyback agreement executed under the Procurement Officer’s authority, pursuant to Section 2-945 of the Procurement Code entitled “Use of Other Governmental Unit Contracts (“Piggybacks”). The contract was executed for elevator services with ThyssenKrupp Elevator Corporation which provides services that include troubleshooting and correcting problems in the elevator systems, pre-maintenance, maintenance repair, emergency repair, and other elevator related work. On February 9, 2021, the City Commission approved a change order and contract modification in the amount of $269, 986 to specifically address elevator repairs to Parking Garage No. 2. However, based on additional City facilities and ongoing repairs and maintenance, it has become necessary to increase the spending authority on the contract to address on-going needs. The additional facilities include Fire Station No. 2 /Trolley and Public Safety Building and other city facilities that are coming online in the future. This increase will cover $145,000 in expenses during fiscal year 2022-2023 and for the duration of the contract, not to exceed the available budget for additional work performed under the contract, pursuant to Section 2-764(b) of the City’s Procurement Code.”

E-7: A Resolution of the City Commission authorizing a contract modification to the Plans Review Services with related Plan Review Services Contract PSA 2021-023, with J.E.M. Inspections & Engineering Services, Inc. pursuant to Section 2-764(b), Approval of Change Orders and Contract Modifications, in an estimated amount of $250,000 for additional plan review services. Lobbyist: N/A.

“On October 29th, 2021, the City entered into a Professional Services Agreement under the Procurement Officer’s authority, pursuant to Section 2-690 of the Procurement Code entitled “Professional Services Agreement Contract”. The contract was executed for plan review services with J.E.M. Inspections & Engineering Services which provides services that include Structural review services and plan commentary. However, based on the number of projects and inability to recruit Structural engineers, it has become necessary to increase the spending authority on the contract to address on-going needs. This increase will cover an additional $250,000, or not to exceed the available funds, in expenses during fiscal year 2022-2023 or until a new contract is awarded.”

E-8: A Resolution of the City Commission granting permission to the Coral Gables Firefighter’s Benevolent Association to sell Christmas trees, install a temporary chain link fence and display an inflatable Santa Claus on the Coral Gables Baptist Church property, located at 5501 Granada Boulevard, starting on or about November 20, 2022 through December 24, 2022.

“The Coral Gables Firefighter’s Benevolent Association has conducted the annual Christmas tree sale since 1957, and as in years past, all rules and regulations will be followed.”

E-109: A Resolution of the City Commission authorizing Satchmo Blues Bar and Grill, Inc. d/b/a Fritz & Franz Bierhaus to utilize the public space and sell alcoholic beverages, subject to applicable state law requirements, at the plaza located at 60 Merrick Way from 10:00 a.m. to 6:00 p.m. on twenty-two days from Sunday, November 20, 2022, through Sunday, December 18, 2022, during the 2022 FIFA World Cup Celebration.

“Satchmo Blues Bar and Grill, Inc. requests approval to utilize the public plaza and serve alcoholic beverages during the celebration of the 2022 FIFA World Cup in Coral Gables. The World Cup will take place from November 20,2022 through December 18, 2022. The request is to have viewing parties and sales on the plaza for different soccer matches throughout the World Cup schedule. The applicant requests to keep the plaza set-up throughout the World Cup Tournament. The applicant will adhere to the following conditions for the month-long event: 1. With the exception of the Germany – Japan soccer match on Wednesday, November 23, 2022, there will be no televising of games on the plaza before
10:00 am. 2. On the application, the applicant has provided the games for which it is requested to have additional activities on the plaza including alcohol sales. Sales of alcohol and food will only be permitted on selected matches (22 total days). 3. For games not specified as events, only the basic sound from the base speakers will be allowed. Amplified sound from remote speakers is prohibited for all non-event matches. 4. Applicant will not allow customers or participants to have instruments on the plaza during events or matches. 5. Off-Duty police will be hired by the applicant for games scheduled to have high
attendance. If City staff deems the match to be a high attendance game, the applicant is required to hire police. 6. Applicant understands that failure to follow any of the conditions set will result in Police terminating the daily activity and could result in revocation of the entire permit. This request is in compliance with the laws of the State of Florida and has been reviewed by the City’s Special Events Committee. In special event guidelines, each location is given 24 days for events. Based on approved special events guidelines, applicant accepts that the “special event” can only occur during the twenty-two days on which the selected matches will be televised. Satchmo Blues Bar and Grill has agreed to eliminate the Oktoberfest event season.”

E-10: A Resolution of the City Commission authorizing the waiver of special event fees, parking fees and barricade fees for the North Ponce Harvest Market operated by Flamingo Fling Productions at the 100 block of Minorca every Saturday from October 22, 2022, to December 17, 2022.

“This request is to authorize the waiving of special event fees, parking fees and barricade fees for the North Ponce Harvest Market operated by Flamingo Fling Productions at the 100 block of Minorca every Saturday from October 22, 2022, to December 17, 2022. The Community Recreation Department organized and hosted the Harvest Market in 2021 and there are no budgeted funds to continue the market in 2022. The Community Recreation Department is working with Flamingo Fling Productions to provide a market event to replace the Harvest Market presented by the City. Flamingo Fling Productions has agreed to be the event organizer and finance the event with the Community Recreation Department providing guidance to ensure the event meets city guidelines and specifications. This relationship will allow for a harvest market event to continue that provides value to the northern Coral Gables community.”

E-11: A Resolution of the City Commission granting a one-day permit to the Consulate General of Mexico in Miami to sell alcoholic beverages from 4:00 p.m. until 9:00 p.m. on Saturday, October 29th, 2022, on Biltmore Way for the Day of the Dead Festival as part of the International Cultural Events Initiative program. Subject to Florida Department of Professional Regulation requirements. Agenda Items E-11 and E-12 are related.

“A festival hosted by the Consulate General of Mexico in Miami will take place on Saturday, October 29th, 2022, from 4:00 p.m. until 9:00 p.m. on Biltmore Way as part of the International Cultural Events Initiative program. This request is to serve alcoholic beverages during the festival, subject to compliance with the laws of the State of Florida. This request has been reviewed by the City’s Special Events Committee.”

E-12: A Resolution of the City Commission approving the “Day of the Dead” event as one of five events of the International Cultural Events Initiative. Agenda Items E-11 and E-12 are related.

“The International Cultural Events Initiative is a program focused on bringing five high-quality, international, and culturally enriching events to Coral Gables in 2022 with the purpose of learning and experiencing the culture and ethnicity of other countries for the benefit of residents, businesses and visitors. The Day of the Dead or Día de los Muertos tradition has been commemorated in Mexico since and nowadays has become an international renowned event. The “Day of the Dead” festival hosted by the Consulate General of Mexico in Miami, is expected to take place on Saturday, October 29th, 2022, from 4:00 p.m. until 9:00 p.m. at 405 Biltmore Way, Merrick Park. This request has been reviewed by the City’s Special Events Committee and qualifies for this International Cultural Events Initiative program based on the established criteria. The City of Coral Gables will cover overhead costs as specified in criteria not to exceed the amount of $20,000.”

E-13: A Resolution of the City Commission authorizing the execution of a sewer improvement agreement between Alliance Starlight I LLC, Alliance, Sunrise of Coral Gables PropCo, LLC and the City of Coral Gables, retroactive to the date signed, subject to the requirements of the Public Works Department and provided that the executed agreement be made part of this resolution.

“Alliance Starlight I LLC and Sunrise of Coral Gables PropCo, LLC, Joint Users, have agreed to fund the design, construction and conveyance of sewer improvements consisting of the lining of approximately 2,164 linear feet of sewer pipes, and the upsizing of approximately 1,090 linear feet of sewer pipes along Calabria Avenue and Galiano Street to Majorca Avenue. This project will generate the necessary sewer capacity for their respective projects, Regency on the Park and 1000 Ponce, as well as future developments in and around the improvement area located within the Sanitary Sewer Basin City 2. Upon completion of these Joint Users’ sewer improvements, the City will assume ownership and maintenance of the sewer system. In addition, the City has been awarded a grant for financial assistance from the Florida Division of Emergency Management (FDEM) for engineering services related to the City’s sewer system and anticipates further grant funds from FDEM for the construction of additional capacity improvements to the City’s sewer system. However, the parties acknowledge that should the FDEM Grant Funds not be available to the City, the City is under no obligation to complete the anticipated sewer improvement work, and this Agreement shall be amended to include the increased scope of work at the developer’s expense.”

E-14: A Resolution of the City Commission appointing Andrew Nadal (Nominated by Commissioner Anderson) to serve as a member of the School Community Relations Committee, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

Ordinances On Second Reading

F-1: An Ordinance of the City Commission creating Chapter 14 “Businesses”, Article VII “Mobile Food trucks”, providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Mayor Lago).

“Section 509.102, Florida Statutes preempts the regulation of mobile food dispensing vehicles (synonymous with, and hereinafter referred to as “mobile food trucks”) involving licenses, registrations, permits, and fees to the state. The law further states that a municipality, county, or other local governmental entity may not prohibit mobile food trucks from operating within the entirety of the entity’s jurisdiction. The City currently allows mobile food trucks to conduct business within the City in connection with special events. The City Commission wishes to amend the City Code to further allow mobile food trucks to operate within the City under certain circumstances and within specific zoning districts in accordance with section 509.102, Florida Statutes. On second reading, this ordinance was revised to prohibit the emanation of amplified sound when a mobile food truck is parked, and to shorten the hours of operation in a residential district to 8am-7pm.”

F-2: An Ordinance of the City Commission amending Chapter 34 “Nuisances”, Article XI “Nuisance Abatement” Sections 34-305 “Definitions” and 34-307 “Procedures” of the Code of Ordinances, by adding storage of hazardous materials to the definition of “Public Nuisance” and creating an expedited nuisance abatement process, providing for severability clause, repealer provision, codification, and providing for an effective date.

“The City’s nuisance abatement procedures protect the general public from properties that repeatedly violate the law or otherwise adversely affect the health and welfare of the community or the free use and enjoyment of another’s property. It is well known that public nuisances can exist anywhere in the city, on properties of every character and use, including residential, commercial, home office etc. Some public nuisances can pose an immediate harm to persons or property and warrant an expedited resolution. This ordinance expands the definition of “public nuisance” to include properties that on more than one occasion or for more than 24 hours, in a manner that is detrimental or dangerous to persons or property within the city, stores or disposes of any corrosive, combustible, hazardous, or flammable materials or liquids. This ordinance also creates an expedited nuisance abatement process for nuisances that pose an immediate threat of harm to persons or property. The expedited process includes notice and a hearing. The have been no changes between first and second reading.”

F-3: An Ordinance of the City Commission amending Article VII, under Chapter 14 of the City of Coral Gables Code to add additional requirements to Hotels /Motels, providing for repealer provision, severability clause, codification, enforceability, providing for an effective date. (Sponsored by Mayor Lago).

“It being well established that hotels/motels that allow for the hourly rental of rooms, are frequented by individuals engaged in prostitution and/or human trafficking, as well as other illegal activity. Human trafficking has become an epidemic of significant consequences to our community such that the Miami-Dade State Attorney’s Office established a Human Trafficking Unit in 2012 to more effectively combat the issue. Victims of human sex trafficking are often exposed to serious health risks, including sexually transmitted diseases, drug and alcohol addiction, broken bones and burns, memory loss, miscarriages or forced abortions, as well as PTSD, anxiety, fear and psychological trauma. Individuals engaged in prostitution are exposed to similar physical and psychological effects. Acknowledging the importance of this issue, in 2016, the City Commission created Article VII, Rental Periods for Hotels/Motels, of the City Code, to prohibit hourly rentals. Also acknowledging the gravity of the issue, in 2022, the Florida Legislature passed Senate Bill 898, now codified in section 509.098, F.S. which prohibits a hotel/motel operator from offering an hourly rate for an accommodation. To further protect potential victims and strengthen the impact of these laws, this Ordinance adds sections 14-142 and 14-143 to Article VII, to require certain attestations and signage. The ordinance passed on First Reading at the September 13th. here have been no changes between first and second reading.”

F-4: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 5, “Architecture,” Section 5-505, “Pitched roofs, material;” to expand the allowed roof materials for pitched roofs to include metal roofs, and Article 16, providing for a definition of “Standing seam metal roof;” providing for severability clause, repealer provision, codification, and providing for an effective date.

“No changes have been made since First Reading. As requested by the City Commission, a text amendment has been prepared to allow metal roofs throughout Coral Gables. The City’s Zoning Code has prohibited the use of metal roofs for houses since 1929. The only areas of the city that were originally permitted in George Merrick’s plan of Coral Gables included the Industrial Section, Coconut Grove Warehouse Center, MacFarlane Homestead, and Golden Gate Section. In 2007, the City Commission allowed a trial period for metal roofs in the City of Coral Gables, allowing building permit applications for metal roofs on single-family residences for a period of 90 days, from July to October, in the area of the city located southeast of US-1. Additional limitations were included such as: allowable and prohibited architectural styles, requirements for designated historic landmarks, allowable metal colors and materials, prohibition of painting metal roofs, etc. A copy of the ordinance is provided as Exhibit B. A total of 16 metal roofs were approved during this 90-day trial period. However, the City Commission did not permanently allow metal roofs after the trial period. Board of Architects The Board of Architects discussed metal roofs on houses at their August 4, 2022, regular meeting. The Board was receptive to permit metal roofs within neighborhoods outside of historic districts and historic Mediterranean-style homes. Members were concerned about allowing any architectural style and recommended limiting to: High Modern, Post-War Modern, Neo-classical, Key West / Florida Vernacular, and include other styles per their discretion. The Board was animatedly opposed to allowing imitation metal roofs (eg: clay tile or slate made of metal, or imitation copper), and recommended standing seam and 5V-crimp, if approved on a case-by-case basis. Members of the Board also requested to review all new metal roofs to determine if compatible with the existing neighborhood. The proposed text amendment for metal roofs is summarized below: Prohibited within designated Historic Districts, Require Historic Preservation Board approval for locally designated and historically significant homes, Limited to standing seam, No imitation materials allowed (imitation copper, slate, clay tile, etc), Not to be painted after installation, Subject to full Board of Architects review and approval, The annexed areas with pre-existing metal roofs and permitted metal roofs in the city already include many areas south of US-1 such as Coral Waterway, Hammock Lakes, Snapper Creek Lakes, Pine Bay Estates, King’s Baby, and Deering Bay. The draft Ordinance is provided as Exhibit A. A copy of Ordinance No. 2007-23 and regulations that allowed the trial period of metal roofs in 2007, south of US-1, is provided as Exhibit B.”

Ordinances On First Reading

F-5: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables official Zoning Code by amending Article 14, “Process,” Section 14-204.9, “Expiration of Approvals; to eliminate the expiration of Certificates of TDR; providing for severability clause, repealer provision, codification, and providing for an effective date.

“Section 14-204 of the City’s Zoning Code sets forth the process for transfer, receipt, and use of Transfer Development Rights (“TDRs”). Specifically, Section 14-204.4 sets forth the process for sending development rights and for the issuance of a certificate of TDR. Separately, Sections 14-204.5 through 14-204.7 set forth the process for use of TDRs at receiver sites. While there are valid reasons for having approvals on receiver sites expire after a certain period of time, if the City Commission wishes for certificates of TDR to be transferrable in the open market, they should not have an expiration date, as the conditions for their sending do not change. According, this ordinance amends Section 14-204.9 to eliminate the two (2) year expiration date for certificates of TDR while keeping the expiration date for approvals on the use of TDRs on a particular receiving site. Between first and second reading the ordinance will be reviewed by the Historic Preservation Board and the Planning and Zoning Board.”

F-6: An Ordinance of the City Commission amending the City of Coral Gables Code, Chapter 2 “Administration”, Article VIII “Procurement Code”, Section 2-696 “Procedure to Provide Preference to Coral Gables-Based Vendors in Contracts for Goods and General Services ” to add a preference for Miami-Dade County-Based Vendors, define principal place of business and expand and clarify the preference in competitive bids, providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Mayor Lago).

“The City Code has provided a local preference procedure for Coral Gables-based vendors since 2006. This amendment to the Code expands and clarifies that preference for Miami-Dade County and Coral Gables-based vendors, clarifies the procedures to allow for local vendors to provide best and final bids, and states that such local preference would not be utilized if prohibited by state or federal law, or any other funding entity.”

F-7: An Ordinance of the City Commission amending the City of Coral Gables Code, Chapter 10 “Animals”, Article II “Dogs”, Section 10-33 “Dogs Running at Large Prohibited; Leashes Required; Penalty for Violation of Article” to add an exemption from the leash provision for dogs within posted and designated off -leash dog parks and facilities, providing for a repealer provision, severability clause, codification, and providing for an effective date.

“The City is working on expanding available and designated off-leash dog parks within the City in both private and public facilities and parks. In order to clarify that dogs are not required to be leashed in those specific parks and facilities, the City Commission wishes to amend the City Code. Any City-operated off-leash dog parks or facilities will be clearly signed and designated as such.”

F-8: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables official Zoning Code by revising Article 15 “Notices”, Section 15-102 “Notice”, Subsection C “Mail Notices” providing that when a notice radius extends outside of the City limits, notice shall be mailed outside of the City limits only to addresses that are within a five hundred (500) foot radius of the property that is subject of the application; providing for severability clause, repealer provision, codification, and providing for an effective date.

“Currently, the Zoning Code requires notice of public hearings to be mailed to properties within a one thousand (1,000) foot radius of a subject property and courtesy notice for site specific applications for a change in land use, to be mailed to properties within a one thousand five hundred (1,500) foot radius. However, the Zoning Code does not clearly address how notice should be mailed to properties outside of the City limits, and therefore have been included in the 1000- and 1500-foot radii. Staff recommends that mailing notice to an address that is not within the City and located up to one thousand five hundred (1,500) feet away from a subject property is too remote and does not serve the best interest of the City and its residents. The proposed text amendments expressly require that when a notice radius extends outside of the City limits, notice shall be mailed outside of the City limits only to addresses that are within five hundred (500) feet of the of the subject property, thereby providing greater clarity and transparency in regard to the City’s notice requirements.”

F-9: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 2, “Zoning Districts,” Section 2-102, “Multi-Family 1 Duplex (MF1) District,” to modify and clarify provisions related to garages and driveways; providing for a repealer provision, severability clause, codification, and providing for an effective date. Agenda Items F-9 and F-10 are related.

“Staff has prepared Zoning Code text amendments to establish provisions for Driveways in Multi-Family 1 Duplex (MF-1) District and clarifying provision regarding convex mirror. Garages and Driveways – Per Section 2-102 of the Zoning Code, the full width of a garage shall not exceed one-third (1/3) of the width of the duplex façade, and that building site less than one-hundred (100) feet of street frontage shall be limited to one (1) curb-cut. Through this proposed amendment, Staff is proposing to eliminate these requirements to allow flexibility for smaller lots – specifically the fifty (50) feet wide lots with no alley on the rear. Convex Mirror – Per Section 10-106 of the Zoning Code, visibility triangle for parking and access, in cases where site specific conditions prohibit compliance with triangle of visibility requirements the Building and Zoning Director may approve and require the use of convex mirrors. Through this proposed amendment, Staff is proposing to add a language to clarify that convex mirrors shall only be used at driveways within private property and that is it prohibited at the public right-of-way.”

F-10: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 10, “Parking and Access,” Section 10-106, “Visibility Triangle” to modify and clarify provisions related to convex mirror; providing for a repealer provision, severability clause, codification, and providing for an effective date. Agenda Items F-9 and F-10 are related.

“Staff has prepared Zoning Code text amendments to establish provisions for Driveways in Multi-Family 1 Duplex (MF-1) District and clarifying provision regarding convex mirror. Garages and Driveways – Per Section 2-102 of the Zoning Code, the full width of a garage shall not exceed one-third (1/3) of the width of the duplex façade, and that building site less than one-hundred (100) feet of street frontage shall be limited to one (1) curb-cut. Through this proposed amendment, Staff is proposing to eliminate these requirements to allow flexibility for smaller lots – specifically the fifty (50) feet wide lots with no alley on the rear. Convex Mirror – Per Section 10-106 of the Zoning Code, visibility triangle for parking and access, in cases where site specific conditions prohibit compliance with triangle of visibility requirements the Building and Zoning Director may approve and require the use of convex mirrors. Through this proposed amendment, Staff is proposing to add a language to clarify that convex mirrors shall only be used at driveways within private property and that is it prohibited at the public right-of-way.”

F-11: An Ordinance of the City Commission authorizing the City to enter into a Lease with Francesco Miracle Miles, LLC, a Delaware limited liability company, dba Francesco Restaurant with regard to the City-owned property 278 Miracle Mile, Coral Gables, FL 33134 for a period of seven (7) years and with two (2) additional, five-year renewal options, at the City’s discretion; providing for a repealer provision, severability clause, and providing for an effective date.

Click here to read staff memo with conceptual design rendering.

F-12: An Ordinance of the City Commission of Coral Gables approving the vacation of a public alleyway pursuant to Zoning Code Article 14, “Process,” Section 14-211, “Abandonment and Vacations” and City Code Chapter 62, Article 8, “Vacation, Abandonment and Closure of Streets, Easements and Alleys by Private Owners and the City; Application Process,” providing for the vacation of the north-south public alleyway lying between lots 9-16 and lots 8 & 17, Block 97, Coral Gables Riviera Section #2, according to the plat thereof recorded in Plat Book 28, Page 18 of the Public Records of Miami-Dade County, Florida; providing for substitute utility easement, setting forth terms and conditions; providing for an effective date.

“The owners at 411 and 401 Amalfi, and 5004 LeJeune Road which abut a north-south alley between Amalfi and Rosaro Avenues are requesting to vacate the unpaved alley. The 4,000 square-foot alley is currently unpaved and is not functioning as an active alley, as grass and landscape is the current condition of the right-of-way. There are no other alleyways within the block, nor currently on adjacent blocks. The original plat of the Riviera Section Part 2 of 1927 includes the alley and illustrates that the alley was intended to service commercial uses facing Le Jeune Road. However, the 8 platted lots facing Le Jeune Road were developed as single-family homes in the 1950’s. Furthermore, the homes were designed as front-loaded houses with the garage accessed from the street. As such, the alley was not and is still not utilized as an alley for vehicular access or services. Although the alley was included in the original plat of the Riviera Section Part 2 to access planned commercial uses, the Historic Resources Department has determined that the vacation of this alley is not an amendment to the historic City Plan because the alley was never fully realized nor built as originally envisioned in the 1920’s. Since the alley remained unimproved and the abutting properties were later developed as single-family residences, the Department has determined that the Historic Preservation Board therefore is not required to review and provide a recommendation as it was deemed to not be a City Plan amendment. Planning & Zoning Board Meeting: At the September 14, 2022, Planning & Zoning Board meeting, the Board members discussed the proposed alley vacation between Amalfi and Rosaro Avenues and any impacts to the neighborhood. The Planning & Zoning Board recommended approval (6-0) with conditions.”

Resolutions

F-13: A Resolution of the City Commission amending previously approved Resolution No . 2008-196, which amended Resolution No. 2005-231, pursuant to Zoning Code Section 14-203 to amend the condition regarding illumination on “Parcel 1” legally described as Lots 1-11 and Lots 39-48, Block 16, and “Parcel 2” legally described as Lots 1-5 and west 24 feet of Lot 6 and Lots 43-48, Block 17, Crafts Section, (2701 and 2855 Le Jeune Road), Coral Gables, Florida; and the approval and all other conditions of approval contained in Resolution No. 2008-196 shall remain in effect; and providing for an effective date.

“An application has been submitted by City National Bank of Florida related to their proposed renovations of the building’s façade. The exterior renovation includes proposed indirect illumination of the new architectural features. However, the property was approved in 2005 with a condition to prohibit illumination of any portion of the building. Therefore, the request submitted is to modify the conditions regarding illumination contained in Resolution Nos. 2005-231 and 2008-196. Background: Resolution No. 2005-231 was adopted by the City Commission on 12.13.05. The project that was approved was to construct the new Burger King International Headquarters (now Bacardi Headquarters) on one parcel (Parcel 1) and relocate City National Bank on a separate parcel (Parcel 2) into the building once referred to as the ‘Sevilla Building.’ Both proposed buildings were reviewed as a single commercial development that face onto LeJeune Road and are separated by Sevilla Avenue. Two approvals were granted: (1) Special Location Site Plan Review was required for Mediterranean bonuses because the project is located across the street from duplex zoned properties, and (2) Conditional Use approval was granted for the drive-thru bank teller and ATM facility. All the buildings and the drive-thru bank facility have already been constructed. The following is a chronology of previous City legislation leading to the current application: 1. Resolution No. 2005-231 (adopted 12.13.05) – Special Location Site Plan Review and Conditional Use approval for both parcels (City National Bank and now Infinity). 2. Resolution No. 2008-196 (adopted 11.18.02) – Amend the drive-thru bank teller requirement to not require security gates at both entrances/exits for City National Bank. 3. Resolution No. 2016-139 (adopted 05.24.16) – Additional exterior signage for Infinity Planning & Zoning Board Meeting. At the September 14, 2022, Planning & Zoning Board meeting, the Board members discussed the proposed Modification to Conditions of Site Plan Approval and the specifics of the exterior renovation. The Planning & Zoning Board recommended approval (6-0).”

City Commission Items

G-1: A Resolution of the City Commission urging the United States Congress to enact the Clean Competition Act, S. 4355. (Sponsored by Commissioner Anderson).

“On June 7, 2022, the Clean Competition Act (S. 4355) was introduced by U.S. Senator Sheldon Whitehouse and others to amend the Internal Revenue Code of 1986 to create a carbon border adjustment based on carbon intensity. The Clean Competition Act would impose a carbon border adjustment on energy intensive imports, while incentivizing decarbonization of domestic manufacturing. Starting in 2024, the adjustment would apply to energy intensive industries such as fossil fuels, refined petroleum products, iron and steel, aluminum, glass, and ethanol, and would later be expanded to include additional goods and products. American manufacturers are on average less carbon intensive than most of their foreign competitors, for example, the U.S. economy is almost 50 percent less carbon intensive than its trading partners, whereas the Chinese economy is more than three times as carbon intensive as the U.S., and India is almost four times as carbon intensive. A foundational premise of the Clean Competition Act, is that U.S. climate policy should reward more efficient U.S. manufacturers and penalize high carbon polluting imports as nearly every U.S. sector enjoys a carbon advantage over most key trading partners. In addition to being sound economic policy designed to give American companies a leg up in the global marketplace, a carbon border adjustment would help address climate change and lower carbon emissions worldwide. According to conservative estimates, the world’s climate scientists state that to achieve climate stabilization and avoid cataclysmic climate change, emission of greenhouse gases (GHGs) must be brought to 80-95% below 1990 levels by 2050. For imports manufactured in opaque economies, the levy would be calculated based on the ratio of the country of origin’s economy-wide carbon intensity to the U.S. economy-wide carbon intensity. For imports manufactured in transparent economies with reliable, verifiable data, the levy would be calculated based on the extent to which the country of origin’s relevant industry-specific average carbon intensity exceeds the comparable U.S. industry-specific average carbon intensity; foreign manufacturers in such economies could use their own carbon intensities. Importers would only pay the levy based on the fraction of emissions that exceeds the comparable U.S. carbon intensity baseline. During the period from 2025 through 2028, the applicable U.S. carbon intensity baselines would be reduced by 2.5 percentage points each year from the initial average. Starting in 2029, the baselines would decrease by 5 percentage points per year. The levy would begin at $55/ton and increase at 5 percent above inflation per year. Covered imports from least developed countries would be exempt from any charges.Covered domestic manufacturers include any facilities producing the same energy intensive primary goods covered under the initial phase of the border adjustment that are also required to report GHG emissions under EPA’s Greenhouse Gas Reporting Program (GHGRP). Such facilities would be required to report GHGRP data to Treasury, as well as their annual electricity consumption and annual production of any covered primary goods by weight. Treasury would then calculate the average carbon intensity (covering scope one and two emissions) for each energy intensive industry covered under the initial phase of the border adjustment. Starting in 2024, covered facilities whose carbon intensity is calculated to be at or below the applicable industry carbon intensity baseline would pay nothing; covered facilities whose carbon intensity is above the applicable industry carbon intensity baseline would pay the levy only on the fraction of emissions that exceeds the industry average carbon intensity. As for imports, each industry baseline would start at the industry average and then decline first by 2.5 percentage points a year for four years and then by five percentage points per year. Similarly, the European Union (“EU”) adopted a Carbon Border Adjustment Mechanism (“CBAM”) which targets imports of carbon-intensive products, in full compliance with international trade rules, to prevent offsetting the EU’s greenhouse gas emissions reduction efforts through imports of products manufactured in non-EU countries, where climate change policies are less ambitious than in the European Union. The EU’s CBAM will require reporting to begin in 2023 with full implementation in 2027. The City Commission has taken legislative action related to climate change and the U.S. economy in the past. For example, on February 23, 2021, the City Commission passed Resolution 2021-30, urging Congress to pass the Carbon Dividend Act, which included a recommendation for a border adjustment to help discourage businesses from outsourcing resources and jobs to countries that emit more carbon dioxide. The City Commission also passed Ordinance 2016-30, establishing the City’s “Buy American” procurement preference. The City Commission now seeks to build upon its climate advocacy, commitment to reducing carbon emissions, and support of the U.S. economy by urging Congress to support the Clean Competition Act.”

G-2: A Resolution of the City Commission directing the City Manager to create a Coral Gables City Hall Flag Program. (Sponsored by Vice Mayor Mena).

“The U.S. Capitol and the Florida State Capitol have flag programs in place that allow for the Flag of the United States to be flown over the respective Capitol and be subsequently made available for members of Congress and residents. The City of Coral Gables Commission is interested in creating a similar flag program for the City of Coral Gables City Hall to allow residents to commemorate an anniversary, a loved one, a veteran, or a special event. The Coral Gables Flag program would have no financial impact on the City’s budget or finances as the program’s pricing structure would incorporate the cost of the flag, any commemorative display box or certificate, and the City’s personnel costs as part of the pricing for participating in the program.”

G-3: A Resolution of the City Commission directing the City Manager to create an American Flag Retirement Program. (Sponsored by Vice Mayor Mena).

“The observance of proper respect for the flag of our country is of great importance to the City, its staff, and its residence. When an American flag is worn, tattered, ripped or soiled beyond repair, it should be retired and disposed of properly, consistent with the U.S. Flag Code which outlines the etiquette for respectfully retiring that flag. The City of Coral Gables Commission is interested in establishing an American Flag Retirement Program to ensure that our nation’s banner receives a proper retirement.”

G-4: A Resolution of the City Commission providing direction to the City Manager regarding dogs at Catalonia Park. (Sponsored by Commissioner Anderson).

“The City has previously installed informational signage at Catalonia Park to address issues with dog owners who allow their pets to run off-leash throughout the park creating a concern over the safety of children playing in the park. The City Commission had asked staff to explore the ability and cost to install temporary dog fencing within Catalonia Park to create two safe spaces for children and animals alike and after studying the issue the City Commission determined that alternatives to the fencing option within Catalonia Park would be the best use of the City’s resources the City Commission would like to encourage the use of nearby dog parks. The City Commission would like to inform residents of other dog friendly parks, such as Barker Park, and of new off-leash dog parks that will be operational in coming months.”

G-5: Update regarding trolley signage, parking lots signage, and signs with City emblems. (Sponsored by Mayor Lago).

G-6: Discussion item about YGrene Green Corridor changes regarding origination fees, interest rates and buy-downs. (Sponsored by Commissioner Anderson).

Boards/Committees Items

H-1: A Resolution of the City Commission approving a Request for Qualifications (RFQ) followed by a Request for Proposals (RFP) process for the Coral Gables’ 2023 Art Basel program. (unanimously recommended by the Arts Advisory Panel approval /denial vote: 7 to 0, and the Cultural Development Board approval/denial vote: 5 to 0).

H-2: A Resolution of the City Commission amending Fiscal Year 2022-2023 Cultural Grant recipients.

Click here to see staff’s presentation.

H-3: A Resolution of the City Commission granting approval of a residential waiver (by a four-fifths vote of the City Commission) for Gina Mazzei Anderhub (Nominated by City Manager Iglesias), in accordance with Section 2-52(b)(2) of the City Code, to serve as a member of the Property Advisory Board, for a two (2) year term, which begins on June 1, 2021 and through May 31, 2023.

City Manager Items

I-1: Innovation and Technology demonstration of new homegrown Smart City Digital Twin platform and Horizontal Integration Dashboards.

I-2: Presentation of potential pickleball options in City parks and facilities.

Click here to see staff’s presentation.

I-3: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Body Worn Cameras to Axon Enterprise, Inc ., the responsive and responsible proposer, pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Request for Proposal (RFP) 2021-050. Lobbyist: N/A.

“The purpose of this RFP is to award a qualified and experienced professional firm (“Proposer”) for the purchase, immediate implementation, and support of wearable body cameras for the Coral Gables Police Department. On February 22, 2022, the Procurement Division of Finance formally advertised, issued and distributed RFP 2021-050. Twenty-eight (28) prospective proposers downloaded the RFP package from Public Purchase, the City’s web-based e-Procurement service. On April 4, 2022, three (3) proposers submitted proposals in response to the RFP: Axon Enterprise, Inc., Motorola Solutions, Inc., and Utility Associates, Inc. On May 18, 2022, the Evaluation Committee convened to evaluate the one (1) responsive and responsible proposals and determined that Axon Enterprise, Inc., was a responsive-responsible proposer. The Chief Procurement Officer recommends accepting the Evaluation Committee’s recommendation to award and negotiate an agreement with Axon Enterprise, Inc., for RFP 2021-050 Body Worn Cameras for an initial period of five (5) years with the option to renew for two (2) additional five (5) year periods. Partial funding for this project will come through the Office of Justice Programs (OJP) under the funding opportunity entitled 2021 BJA FY21 Body Worn Cameras Policy & Implementation Program to support law enforcement agencies.”

I-4: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Fiber Optic Backbone Expansion Project to Unitec, Inc., the lowest responsive and responsible bidder, pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Invitation for Bids (IFB) 2022-015. Lobbyist: N/A.

“The purpose of this IFB is to contract with a qualified and experienced bidder for the for the installation of underground fiber optics corridors in the City’s smart district area. On July 1, 2022, the Procurement Division of Finance formally advertised, issued and distributed IFB 2022-015 Fiber Optic Backbone Expansion Project. On July 8, 2022, a non-mandatory pre-bid conference was held with nine (9) prospective bidders in attendance of the forty-six (46) prospective bidders who downloaded the IFB package from Public Purchase, the City’s web-based e-Procurement service. On August 19, 2022, five (5) firms submitted bids in response to the IFB: AGC Electric, Inc., Bore Tech Utilities & Maintenance, Inc., draftPros, LLC. dba draftPros, Florida Sol System, Inc. and Unitec, Inc. The responses were reviewed by the Procurement Division in order to determine responsiveness to the requirements of the IFB and to identify the lowest responsive responsible bidder. The procurement Division finalized its due diligence process and confirmed that Unitec, Inc., is both responsive to the requirements of the IFB and responsible bidder. The Information Technology Department concurs with the Chief Procurement Officer’s recommendation to award the Fiber Optic Backbone Expansion Project to Unitec, Inc., in the estimated amount of $662,500.00 not to exceed the available budget.”

I-5: A Resolution of the City Commission waiving the competitive process of the Procurement Code for all purchases related to 2022 holiday events/items, that would have traditionally been handled by the Business Improvement District, as Special Procurement /Bid Waivers, pursuant to Section 2-691 of the City’s Procurement Code.

“The referendum approving the continued existence of the Business Improvement District (the “BID”) failed to pass, resulting in a dissolution of the BID. The BID has historically purchased certain items and organized certain holiday events taking place between now and the end of the year. The City Commission wishes to allow the BID a winddown period, that would end on December 31, 2022, to allow for the BID to carryout said functions, but is unsure whether the BID is willing to do so. The anticipated events begin this month, and the remaining events are fast-approaching, making the need to purchase items and services expeditiously important. For this reason, and to ensure that the events can go forward, staff is requesting a bid waiver (BW 2022-118) to expire January 1, 2023 to allow the City to directly purchase all goods, supplies, and equipment, and engage vendors for services. This resolution approves said bid waiver.”

I-6: A Resolution of the City Commission authorizing a contract modification to the renovation and addition project at 427 Biltmore Way, Contract IFB 2021-035, with pursuant to Section 2-764(b), Approval of Change Orders and Contract Modifications, in an estimated amount of $285,000 for unanticipated additional costs not to exceed the available budget. Lobbyist: N/A.

“On January 12, 2021, Resolution No. 2021-08 was approved for the award of the Renovation and Addition Project at 427 Biltmore Way -IFB 2021-035. The purpose of this IFB is to contract with a qualified and experienced bidder for the renovations and construction of a structural addition to the City owned facility located at 427 Biltmore Way. On September 14, 2021, Resolution No. 2021-253 was approved to add additional funds for critical structural and roofing repairs to provide a secure and weathertight building envelope. The building recently opened for utilization by Development Services and there are a number of last-minute items that need to be addressed; among them time extensions and the installation of the outside artwork. Approval is requested to increase the existing contract by $285,000 to accommodate the aforementioned items plus any potential items that come to the surface as the building moves to full usage.”

I-7: A Resolution of the City Commission declaring Principles of Inclusion for all individuals with disabilities, and urging action by national, state and local governments, businesses and residential communities consistent with these principles.

“October is National Disability Employment Awareness Month, which heightens awareness while recognizing the contributions of Americans with disabilities to both our workforce and our society. The City of Coral Gables has proclaimed October as Americans with Disabilities Month in Coral Gables, to expand its commitment to raising awareness and acceptance of inclusion beyond the area of employment. One in four adults or approximately 61 million people in the United States have a disability that impacts major life activities according to a report issued in August of 2018 by the Centers for Disease and Control Prevention. The theme for National Disability Employment Awareness Month for 2022 is “Disability: Part of the Equity Equation” in recognition of the important role people with disabilities play in a diverse and inclusive American workforce. In August of 2022, the City welcomed 7 student interns from Project Victory/Coral Gables High School for the 2022-2023 school year. Project Victory is a Miami-Dade County Schools program that assists young adults with disabilities by providing work skills and employment training. The City hosts every month My Squad, a fun social group created for adults with intellectual and developmental disabilities and autism and this year will launch Teen Scene a similar program for teenagers. The City will host its fourth “Adventure Day For All” event on October 22, 2022, in Salvadore Park. This family-friendly event is for all ages and will feature a resource fair, challenges, crafts, activities, and live entertainment with the theme of embracing people of all abilities. The City has proclaimed that October is Americans with Disabilities Month in Coral Gables, and renews its commitment to inclusion for all individuals with disabilities in the workforce and in society.”

City Attorney Items

J-1: A Resolution of the City Commission dissolving the Business Improvement District of Coral Gables as of a date certain; prohibiting further assessments within the district; providing for liens; authorizing the district to take certain actions for the wind down of the affairs of the Business Improvement District; providing for the transfer of business assets; providing for an effective date.

J-2: A Resolution of the City Commission authorizing the City Attorney to take any legal action, including the filing of a lawsuit, if it becomes necessary, against the Business Improvement District of Coral Gables, Inc.

“The 2022 petition process to ascertain support for the continued existence of the Business Improvement District of Coral Gables (the “CG BID”) failed to pass, resulting in a dissolution of the BID. Based on records reviewed by the City and representations made by representatives of the CG BID, the City believes that the CG BID and/or Business Improvement District of Coral Gables, Inc. (the 501(c)(6)) (the “Corporate BID”) has funds in its account(s) from assessments that occurred prior to 2022. Because those funds were collected by the City as a special assessment, under Chapter 170, F.S., the City has a responsibility to ensure that the funds are used for their authorized purpose or returned to the property owner. Since the September 13, 2022 City Commission meeting, where the petition results were ratified, the CG BID/Corporate BID has been unresponsive to the City’s requests for information and wholly uncooperative. Therefore, should this course of conduct continue, it may become necessary for the City to take legal action against the CG BID/Corporate BID to ensure that the funds are used for their authorized purpose or returned to the property owners. This resolution authorizes the City Attorney to take legal action, including the filing of a lawsuit, if necessary, against the CG BID and/or Corporate BID.”