Agenda Digest: City Commission (10/25/2022)

On Tuesday, October 25, 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 25 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 ServiCorp, LLC to sell alcoholic beverages on Alhambra from Ponce de Leon to LeJune Road on Saturday, February 4th, 2023, from 12:00 p.m. to 8:00 p.m. and Sunday, February 5th, 2023, from 12:00 p.m. to 7:00 p.m. during the Supercars in the Gables event. Subject to Florida Department of Professional Regulation Requirements.

“This request is to authorize ServiCorp, LLC to sell alcoholic beverages on Alhambra from Ponce de Leon to LeJeune Road on Saturday, February 4th, 2023, from 12:00 p.m. to 8:00 p.m. and Sunday, February 5th, 2023, from 12:00 p.m. to 7:00 p.m. during the Supercars in the Gables event. Subject to Florida Department of Professional Regulation Requirements. This request has been reviewed by the City’s Special Events Committee.”

E-2: A Resolution of the City Commission accepting the recommendation to waive the competitive process of the procurement code for all purchases related to the parking garage fees for the Adult Activity Center activities as Special Procurement /Bid Waiver, pursuant to Section 2-691 of the City’s Procurement Code.

“The City purchased the ground floor retail space in the Palace garage for use as an Adult Activity Center. As a result, the Adult Activity Center patrons utilize the Palace parking garage for parking while attending the Adult Activity Center. The City and Community Recreation Department have adopted a policy that the city will pay for the parking fees for all activity center participants. Approval to pay the Palace parking garage operator is being requested so the parking service can be provided. This approval of the City Commission is to provide a waiver of procurement processes since the Palace parking garage is the most convenient location for program participants, and the city wishes to provide parking at the closest possible option for the Center participants. This waiver will allow the Community Recreation Department to directly purchase all parking vouchers for the continuity of parking services. Section 2-691 of the Procurement Code entitled ‘Special Procurement/Bid Waiver’ authorizes the Procurement Officer to initiate a special procurement/bid waiver when an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposal contrary to the public interest.”

E-3: A Resolution of the City Commission approving the IT Department to purchase a GIS Enterprise License Agreement (ELA) from ESRI, the existing vendor of GIS applications, services, and support for Coral Gables.

“The City of Coral Gables, through the Gables GIS section, has been using the industry standard, ESRI GIS software architecture for displaying and analyzing geographic information, for over 20 years. The maps and derivative charts and displays produced by Gables GIS have served the City’s decision-making processes and presentation needs over these years. The City is currently licensed all of the GIS products and service under a Small Government Term Enterprise agreement and a Premium Hub ArcGIS Online Community agreement. The Enterprise License Agreement provides for unlimited licensing of core products and support services. The term annual cost $43,800. Approving the ELA provides continuity of service for desktop and cloud customers, including ArcGIS initiatives for the City and Public Works, Development Services, Economic Development, Historical Resources, Public Safety and division within these departments. The annual cost of the continuing license agreement exceeds the normal procurement threshold of $25,000, and so requires commission approval.”

E-4: A Resolution of the City Commission appointing Giovanni Castro (Nominated by Mayor Lago) to serve as a member of the Mayor’s Advisory Council, for remainder of the current term, which began on August 26, 2022 and continues through April 28, 2023.

Ordinances On Second Reading

F-1: An Ordinance of the City Commission authorizing the City to enter into a Lease with Francesco Miracle Miles, LLC, a Delaware limited liability company, d /b/a 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.

See staff’s memo to the Commission.

F-2: 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.

“No changes since First Reading. 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-3: 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. This ordinance was approved on first reading during the October 11, 2022 City Commission meeting and there have been no changes since first reading.”

F-4: An Ordinance of the City Commission 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 a severability clause, repealer provision, and providing for an effective date.

“No changes have been made since First Reading. 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. The draft Ordinance for the Alley Vacation is provided as Exhibit A. The applicant’s submittal is provided as an attachment to the Staff Report as Exhibit B.”

F-5: 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. This ordinance was adopted on first reading during the October 11 City Commission meeting. There have been no changes since first reading.”

F-6: 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-6 and F-7 are related.

“No changes have been made since First Reading. 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. The draft Ordinance for the proposed Zoning Code text amendment regarding Garages and Driveways is provided as Exhibit A. The draft Ordinance for the proposed Zoning Code text amendment regarding Convex Mirror is provided as Exhibit B.”

F-7: 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-6 and F-7 are related.

Ordinances On First Reading

F-8: An Ordinance of the City Commission amending Chapter 78 “Utilities”, Article I “In General” Section 78-1 “Utility Easement” and Article VI “Underground Utilities” Sections 78-280 Through 78-282 of the Code of Ordinances, by requiring attaching entities to underground and remove co-located facilities, requiring pole-owners to remove redundant utility poles, providing for procedures related to major hardening projects, and requiring property owners to cooperate and comply with access to utility easements, access to property, and location of facilities, providing for severability clause, repealer provision, codification, and providing for an effective date.

“The City Commission recently adopted Resolution No. 2022-197, accepting Florida Power and Light’s (“FPL”) plan to place overhead utilities underground via the Storm Secure Underground Pilot Program (SSUPP). Under the SSUPP, FPL is seeking approval from the Florida Public Service Commission (FPSC) to convert all remaining above-ground neighborhood lines, poles (“lateral lines”), and individual residential and business service connections citywide from overhead to underground. The SSUPP is currently approved by the FPSC for ten years and FPL plans to convert 40% of overhead lateral lines by year ten. Additionally, FPL plans to pursue timely FPSC approval to convert the remaining 60% of overhead lateral lines to underground after year ten. FPL also projects to complete hardening of above-ground main lines (“feeder lines”) in the City within the next five years and currently estimates that approximately 15% of the total miles of existing overhead feeders within the City could potentially be converted from overhead to underground. In order to realize the full benefit of the SSUPP, the City wishes to exercise its regulatory authority to promote the conversion of overhead utilities to underground, eliminate unused redundant poles, facilitate the removal of pole attachments from redundant poles, and the coordination and cooperation of all affected parties through notice requirements and civil penalty provisions. During the 2021 legislative session, the legislature enacted Florida Statute 366.97 via Senate Bill 1944 (SB 1944). The bill creates a process for handling redundant utility poles and abandoned pole attachments and vests the FPSC with jurisdiction to administer the bill’s provisions. This ordinance is consistent with Florida Statute 366.97 and other state laws in this area. Additionally, in order for the overhead to underground conversion project to be successful and to ensure utilities may access property to construct, maintain, and repair above-ground and underground electric infrastructure facilities and equipment, the City wishes to exercise its regulatory authority and police powers to promote and protect the health, safety, and welfare of the City by requiring individuals to cooperate, and not impede or obstruct (1) the acquisition of utility easements required for new utility infrastructure facilities and equipment and (2) access to property to place, maintain, and repair new utility infrastructure facilities and equipment.”

Resolutions

F-9: A Resolution of the City Commission approving receipt of Transfer of Development Rights (TDRs) pursuant to Zoning Code Article 14, “Process,” Section 14-204.6, “Review and approval of use of TDRs on receiver sites,” for the receipt and use of TDRs for a Mixed-Use project referred to as “1505 Ponce” on the property legally described as Lots 1 through 6 and Lots 17 through 22, Block 36, “Douglas Section” (1505 Ponce de Leon Boulevard, 126 and 122 Menores Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date.

“On July 25, 2022, the City Commission approved the mixed-use project known as “1505 Ponce,” a 16-story mixed-use and planned area development consisting of a total of 297,027 square feet of floor area, of which 59,405 square feet of floor area are required to be obtained pursuant to the utilization of Transfer of Development Rights (TDRs). Therefore, the Applicant is now seeking approval of TDRs from three historic properties and from a future city park for a total of 59,405 square feet: 24,089 square feet from 235 Majorca Avenue; 3,227 square feet from 118 Menores; 30,592 square feet from 301 Majorca (future city park); and 1,497 square feet from 36 Phoenetia Avenue. Planning & Zoning Board: On October 12, 2022, the Planning & Zoning Board reviewed the requested receipt of Transfer of Development Rights (TDRs). The Board briefly discussed the total requested amount and the distribution proposed to be transferred from each historic landmark. The Board recommended approval of the proposed transfer (6-0). Historic Preservation Board: On October 19, 2022, the Historic Preservation Board reviewed the impact on seven local historic landmarks within 500 feet of the 1505 Ponce project within the North Ponce Neighborhood Conservation District. After review of the Historic Resources Staff’s analysis of the varying impacts on the different historic landmarks, the Historic Preservation Board determined that the proposed development at 1505 Ponce does not adversely affect the local historic landmarks (vote: 7-0).”

City Commission Items

G-1: Discussion regarding a Residential Parking Permit Program. (Sponsored by Commissioner Anderson).

G-2: Discussion regarding Valencia traffic flow and speed. (Sponsored by Commissioner Anderson).

G-3: Dover Kohl Up-Date and availability of preliminary bike lane recommendations to Mobility Hub east and west of LeJeune from Anderson to Ponce. (Sponsored by Commissioner Anderson).

G-4: A Resolution of the City Commission approving license agreement with 1505 Ponce SPE, LLC for the operation of a temporary City-Operated dog park located on the site for the proposed 1505 Ponce de Leon project. (Sponsored by Commissioner Anderson).

“1505 Ponce SPE, LLC is taking ownership of the property known as 1505 Ponce de Leon Boulevard, Coral Gables, Florida, a vacant parcel of land which 1505 Ponce SPE is proposing to develop in assemblage with 122 Menores Avenue and 126 Mendoza Avenue as a multifamily residential mixed-use building (“1505 Ponce Project”). There are currently no off-leash dog parks within walking distance from the proposed 1505 Ponce Project and 1505 Ponce SPE plans on providing a permanent dog park as part of the 1505 Ponce Project. 1505 Ponce SPE and the CITY agree that providing a temporary off-leash dog park in the vicinity of the 1505 Ponce Project as soon as possible is in the public interest. The City Commission wishes to authorize the City Manger and/or City Attorney to execute the attached license agreement in substantially the attached form once 1505 Ponce SPE, LLC takes ownership of the relevant parcels.”

City Manager Items

I-1: Presentation regarding the Pininfarina Industrial Design for the new Coral Gables Smart City Poles.

I-2: A Resolution of the City Commission authorizing the acceptance of grant funds in the amount of $261,617 allocated to the Coral Gables Police Department as part of the Office of National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) Program Initiative; authorizing execution of the grant contract; and authorizing an amendment to the Fiscal Year 2022-2023 Annual Budget to recognize the $261,617 grant as revenue and to appropriate such funds to put toward the cost of the program.

“The Office of National Drug Control Policy’s (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) program provides assistance to federal, state and local law enforcement agencies in areas determined to be critical drug-trafficking regions of the United States. The purpose of this program is to combat the threat from drug trafficking regions such as South Florida. The City of Coral Gables will implement the grant funded initiative in accordance with all requirements provided by the HIDTA Program. An amendment to the Fiscal Year 2022-2023 Annual Budget is required to recognize the $261,617 grant funds as revenue and to appropriate such funds to cover the cost of the grant expenditures. For all subsequent annual awards, staff recommends the Commission authorizes annual budget amendments for the life of the program.”

I-3: A Resolution of the City Commission authorizing the acceptance of a $ 392,361, three-year traffic technology grant, as well as the execution of the respective grant contract, and authorizing an Amendment to the Fiscal Year 2022-2023 Annual Budget to recognize the year one amount of $130,787 as revenue and to appropriate such funds to put toward the cost of the program.

“The City of Coral Gables is being a subrecipient with Traffic Technology Services, Inc. (TTS) on behalf of the United States Department of Energy (DOE) Advanced Research Projects Agency-Energy (ARPA-E) to conduct engineering research and implement a small scale intelligent traffic network (AutonomIA) that will leverage sensors, connected vehicles and artificial intelligence (AI) to optimize traffic in real time, improve safety, end lower carbon emissions. For this research, the City will use subaward funds to install additional traffic sensors and smart poles in the intersection of Alhambra and Ponce De Leon, and will contract an electrical engineer and data scientist for the project. The city’s cost share part of the project (mentioned in the subaward agreement) is an in-kind contribution (not monetary) consisting of the use of our advanced smart city technology infrastructure and the expertise of our IT item (all valued in $1.2M). An amendment to the Fiscal Year 2022-2023 Annual Budget is required to recognize the year one amount of $130,787 as revenue and to appropriate such funds to put toward the cost of the program.”