Agenda Digest: City Commission Meeting (07/09/2024)

Javier Baños

Baños is the Editor of Gables Insider

On Tuesday, July 9, 2024, 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, July 9, 2024, 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

D.-1. 24-7632 A Resolution of the City Commission accepting a recommendation of the City Manager to waive the competitive process of the Procurement Code for the purchase of three (3) Sanitary Submersible Pumps from Xylem Water Solutions Inc. in the estimated amount of $43,063.20 as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code.
D.-2. 24-7706 A Resolution of the City Commission approving a Mutual Aid Agreement between the City of Coral Gables, the Village of Pinecrest, the City of South Miami, and the City of West Miami, providing for the creation of an Interdepartmental Joint Crisis Management Team.
D.-3. 24-7707 A Resolution of the City Commission accepting the Annual Comprehensive Financial Report, Compliance Report, Management Letter, and Post Communications Letter, for the fiscal year ended September 30, 2023, by RSM US LLP, Certified Public Accountants.
D.-4. 24-7695 A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award RFQ 2024-007 for Transportation Planning and Engineering Consulting Services to and negotiate a Professional Services Agreement (“Agreement”) with Ardurra Group, Inc., CALTRAN Engineering Group, Inc., CHA Consulting, Inc., Kimley-Horn and Associates, Inc., Roadway Design Solutions, Inc., and Volkert, Inc., the six (6) responsive-responsible proposers, pursuant to Florida Statute 287.055, known as the “Consultants Competitive Negotiation Act” (CCNA)

D.-5. 24-7725 A Resolution of the City Commission authorizing an expenditure in the amount of $160,000 from Federal Forfeited Asset Fund (F.A.F.) moneys for law enforcement operations and equipment; additional funds for the Piloted Drone Program by the Coral Gables Police Department.
D.-6. 24-7726 A Resolution of the City Commission authorizing an expenditure in the amount of $60,000 from Federal Forfeited Asset Fund (F.A.F.) moneys for law enforcement operations and equipment; additional funds for Senior Management Training by the Coral Gables Police Department.
D.-7. 24-7741 A Resolution of the City Commission applying the Art in Public Places code condition of “extraordinary maintenance” to the Carlos Cruz-Diez painted artwork installation.
D.-8. 24-7769 A resolution authorizing the execution of an agreement for sewer connection for property located outside the City’s sewer district at 4321 SW 16 Street, Miami, Florida into 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.

Presentation of Boards and/or Committees draft/final minutes requesting action from the City Commission:

(Agenda Items 2-1 and 2-2 are related)

2.-1. 24-7682 A Resolution of the Waterway Advisory Board recommending the City Commission amend the City Zoning Code to require notice to all properties along the Mahi Canal for any new MX Developments on the Mahi Canal.
2.-2. 24-7683 A Resolution of the Waterway Advisory Board requesting the City Commission, through the City Manager, to direct the Development Services Department (Code Enforcement), and Police Department (Marine Patrol) to provide monthly summary reports reflecting waterway related activities and citations issued to waterfront property owners and their status.
2.-3. 24-7719 A Resolution of the Coral Gables Retirement Board recommending that the City of Coral Gables Commission stay the course and continue to make additional payments to fund the pension unfunded liability as agreed to with the Retirement Board, Resolution 2015-271 and past practices, so that unless there are unexpected market conditions, the Unfunded Liability is fully paid off by 2032.
2.-4. 24-7731 A Resolution of the Coral Gables Budget and Audit Advisory Board recommending that the City of Coral Gables City Commission maintain the millage rate of 5.559 mills for Fiscal Year 2024-205.

PUBLIC HEARINGS

ORDINANCES ON SECOND READING

E.-1. 24-7453 An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code, amending Section 14-202.6 “Building Site Determination” to facilitate building site determination applications; providing for severability clause, repealer provision, codification, and providing for an effective date. (06 12 24 PZB recommended denial, Vote 6-1) (Sponsored by Commissioner Castro)

As requested by a Commissioner, Staff prepared a Zoning Code text amendment to remove redundant criterion on the building site determination standards in order to streamline the conditional use application process for building site determinations and support homeowners in their efforts to seek City Commission approvals. As discussed at First Reading, the Commission wishes to simplify the process for building site determinations by removing redundant regulatory language that is already comprehensively addressed elsewhere in the Zoning Code.

Planning & Zoning Board
At the June 12, 2024, meeting, the Planning & Zoning Board was presented with the proposed Zoning Code text amendment to remove the criterion and streamline the conditional use application for building site determinations. Most of the Board had concerns about allowing more homeowners the opportunity to request a building site determination from the City Commission. After discussion, the Board recommended denial of the proposed removal of the criterion, vote: 6-1.

E.-2. 24-7596 An Ordinance of the City Commission amending the City of Coral Gables Code, Chapter 2 “Administration,” Article III “Boards and Committees,” Division 11 “South Waterways Homeowners’ Associations Advisory Board,” to rename the board to the Coral Gables Waterfront Communities Homeowners’ Association Board, providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Vice Mayor Anderson) (Co-Sponsored by Mayor Lago)

E.-3. 24-7620 An Ordinance of the City Commission amending the City of Coral Gables Code, Chapter 2 “Administration,” Article III “Boards and Committees,” Division 3 “Trial Board,” to amend the terms of Trial Board members to align with general City policy, providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Commissioner Menendez)
(Co-Sponsored by Commissioner Castro)

A majority of the City’s over thirty boards and committees have terms of office which begin on June 1 for a two-year period, ending May 31st in odd numbered year. Currently the City’s Trial Board appointments do not follow the same term schedule. This ordinance amends the terms of the Trial Board members to match that June 1st term. All other requirements of trial board membership remain unchanged. There have been no changes since this item was adopted on first reading during the June 11th, 2024 City Commission meeting.

E.-4. 24-7554 An Ordinance of the City Commission amending Chapter 46 of the “Code of the City of Coral Gables,” entitled “Pensions,” implementing provisions of the 2023-2025 Collective Bargaining Agreement between the City and the Fraternal Order of Police (“FOP”); amending Section 46-25, Definitions; amending Section 46-253, Normal Retirement Income; providing for severability clause, repealer provision, codification, and providing for an effective date.

This Ordinance implements the following pension changes contained in the collective bargaining agreement between the City and the Fraternal Order of Police, Local Number 7, covering the time period from October 1, 2023 through September 20, 2026 (the “Agreement”):
 Effective the first full pay period after the ratification date of this Agreement, overtime hours worked on or after the first full pay period after the ratification date of this Agreement, shall be included in the definition of pensionable earnings up to a maximum of 300 hours of overtime per fiscal year.

 Effective the first full pay period after the ratification date of this Agreement, the current cap for
normal retirement of $98,838 will be eliminated.
 The definition of pensionable earnings shall be amended to include FDLE Pay.
There have been no changes to the proposed Ordinance since first reading.

ORDINANCES ON FIRST READING

E.-5. 24-7736 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code Article 1, “General Provisions,” Section 1-108, “Transitional rules,” and Article 5, “Architecture,” Section 5-201, “Coral Gables Mediterranean style design standards,” to remove the architectural incentives for Coral Gables Mediterranean design of additional building height, intensity, and density for properties with Site Specific zoning regulations, providing for repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Commissioner Castro)

As requested by a Commissioner, Staff prepared a Zoning Code text amendment to remove the architectural incentives for Coral Gables Mediterranean design of additional height, intensity, and density for properties with site specific zoning regulations.

In 1976, Ordinance No. 2632 created maximum building height zones of 3-stories (45’), 6-stories (70’), and 13 stories (150’) throughout significant areas of the city which are now known as the Site Specific Zoning Regulations in Appendix A of the Zoning Code. These areas included approximately 90 blocks with 13-stories (150’) allowed building height within the downtown, Biltmore Way, and North Ponce areas. Other areas included the former Industrial district with a maximum height of 6-stories (70’), and US-1/Red Road/Sunset Drive with a maximum height of 3-stories (45’).

The Coral Gables Mediterranean style design bonus was later adopted in 1986 to incentivize Coral Gables Mediterranean style architecture with additional stories, floor area ratio (FAR), and density to be applicable to the Central Business District (CBD) and North Ponce areas, and explicitly superseded the regulations in other sections of the Zoning Code – including what is now known as the Site Specifics. A year later in 1987, the applicable areas for Coral Gables Mediterranean style design were expanded to also include properties facing Biltmore Way and Coral Way, from LeJeune Road to Anderson Road, and, therefore, superseding the site specifics of the Biltmore Section. Most recently, Ordinance No. 2011-05 was adopted to further clarify that Site Specific zoning regulations govern except if granted Coral Gables Mediterranean style design bonuses.

However, there are some concerns that buildings that were granted Coral Gables Mediterranean style design bonuses were not sufficiently designed to be compatible with the height and scale of historic buildings and existing context. These historic buildings are generally located within the building height zones adopted in 1976 of downtown, North Ponce, and Biltmore Way. Therefore, a text amendment is proposed to remove the architectural incentives for these properties and allow the site specifics to supersede any bonus program.

E.-6. 24-7552 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code Article 15, “Notices,” Section 15-102, “Notice,” to require mailed notice for Mediterranean Bonus applications before the Board of Architects, providing for repealer provision, severability clause, codification, and providing for an effective date. (06 12 24 PZB recommended approval, Vote 6-1) (Sponsored by Commissioner Castro)

As requested by a Commissioner, Staff prepared a Zoning Code text amendment to require mailed notice for Mediterranean Bonus applications before the Board of Architects. Currently, mailed notice is provided for public hearings before the Planning & Zoning Board, Board of Adjustment, Historic Preservation, and City Commission. However, since certain small-scale development is encouraged through the Zoning Code’s adopted procedures and therefore not required to have an approved site plan by the City Commission via the Conditional Use review process (i.e. properties less than 20,000 square feet), neighbors are not aware of some proposed development unless they immediately abut the property and see the signs for Development Review Committee (DRC) or Board of Architects. Property owners and developers are always encouraged to abide by the current Zoning Code regulations and not request changes to the land use or zoning. Therefore, the proposed text amendment requires mailed notice for Board of Architects meeting that are considering granting the Mediterranean Bonus.

Planning & Zoning Board
At the June 12, 2024, meeting, the Planning & Zoning Board was presented with the proposed Zoning Code text amendment to require mailed notice for Mediterranean Bonus applications before the Board of Architects. Most of the Board members agreed with the proposed requirement and recommended approval of the proposed mailed notice, vote: 6-1.

Board of Architects
The Board of Architects discussed the proposed text amendment at their May 30, 2024, meeting. The Board welcomed the idea of mailing notice to notify nearby neighbors of upcoming meetings. However, the Board was concerned about the additional time that would be required for public comments, as the Board meets weekly and on a voluntary basis. After discussion, the Board unanimously recommended that mailed notice should be provided for Mediterranean Bonus applications, however, public comment should be collected via email or e-comment, and that public comment should be gathered prior to the Board of Architects meeting at a neighborhood meeting by the development team.

RESOLUTIONS

E.-7. 24-7733 A Resolution of the City Commission amending Ordinance No. 2015-17, as amended, to create a Board of Architects Mediterranean Style Review Fee; providing for severability clause, and providing for an effective date. This Resolution is not for consideration at this time and will be included with the above related ordinance on Second Reading if approved on First Reading.

Board of Architects fees will be updated to account for the costs associates with providing mailed notice for all applications seeking Mediterranean Style and bonus through the Board of Architects.

E.-8. 24-7521 A Resolution of the City Commission approving Conditional Use Review of a Site Plan pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a proposed townhouse development referred to as “The George” on the property legally described as Lots 29 through 41, Block 10, Coral Gables Biltmore Section (717, 729, 737 and 741 Valencia Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. Lobbyist: Mario Garcia-Serra

The George, LLC submitted an application for Conditional Use Site Plan Review and for Subdivision
Review for a Tentative Plat to the City of Coral Gables for review and public hearing consideration of a
proposed 13-unit townhouse development.

The subject property is approximately 36,597 square feet (0.84 acres) and is located north of Valencia
Ave and west of Cardena St. The property is zoned Multi-family 4 District (MF4) and has a future land
use designation of Multi Family High Density. Per Section 2.105.D.1.a of the Zoning Code, buildings
and structures on building sites of twenty thousand (20,000) square feet or more, or with street frontage of two hundred (200) feet or more, require conditional use review and approval.

The site is currently occupied by several small-scale multi-family buildings and a single-family residence built in the 1950s. The site is surrounded by different housing types, including high-rise condominiums, townhouses, multi-family apartment buildings, and single-family residences, and is within walking distance from Biltmore Way, Balboa Plaza, and the Granada golf course.

City Commission Items

F.-1. 24-7737 A Resolution of the City Commission authorizing the placement of an additional flagpole on the Biltmore Way Side of City Hall. (Sponsored by Mayor Lago)
F.-2. 24-7738 A Resolution of the City Commission directing the City Manager to identify funding for installation of temporary speed tables at all locations pending traffic calming improvements. (Sponsored by Mayor Lago)
F.-3. 24-7740 A Resolution of the City Commission calling a special election on the proposed ballot question and City Charter amendment to be held on November 5, 2024; providing for submission to the electors for approval or disapproval of a ballot question asking whether the City Charter should be amended to require an Inspector General with certain powers (including the power to subpoena witnesses) either by the Miami-Dade County Inspector General or other City-appointed Inspector General, provided that such Office’s appointment, term, functions, and powers shall be further established by Ordinance; providing for requisite ballot language; providing for procedures for balloting; providing for notice; providing for inclusion in the City Charter; providing for related matters; providing for an effective date. (Sponsored by Vice Mayor Anderson) (Co-Sponsored by Mayor Lago

F.-4. 24-7742 A Resolution of the City Commission amending Resolution No. 2023-267 to allow the Charter Review Committee to consider questions and potential amendments to the City Charter without the need for a joint meeting of the City Commission and the Charter Review Committee. (Sponsored by Commissioner Fernandez) (Co-Sponsored by Commissioner Castro)
F.-5. 24-7743 A Resolution of the City Commission directing the City Manager to ensure that door hangers providing notice of neighborhood meetings related to Community Recreation initiatives are removed within forty-eight hours following such meetings. (Sponsored by Commissioner Castro)
F.-6. 24-7670 Citizens’ Independent Transportation Trust Presentation. (Sponsored by Mayor Lago)
F.-7. 24-7705 Update regarding flood mitigation program. (Sponsored by Mayor Lago)
F.-8. 24-7714 A Presentation regarding Books Overseas. (Sponsored by Mayor Lago)
F.-9. 24-7715 A presentation by the Girl Scouts regarding the owl project in Coral Gables. (Sponsored by Mayor Lago)
F.-10. 24-7758 Discussion regarding additional benefits for active board members 65 years of age and older. (Sponsored by Commissioner Menendez)
F.-11. 24-7455 Update on discussion of forensic audit. (Sponsored by Mayor Lago)
F.-12. 24-7766 Discussion regarding posted signage on privately owned parking lots. (Sponsored by Commissioner Fernandez)
F.-13. 24-7447 Update regarding North Ponce Historic Designation Study. (Sponsored by Vice Mayor Anderson)
F.-14. 24-7767 Discussion regarding limiting density in the Central Business District (CBD) to a maximum of 125 units per acre, and (ii) the North Ponce Residential Infill Regulations (RIR) to 75 units per acre. (Sponsored by Vice Mayor Anderson)
F.-15. 24-7768 A discussion regarding future development projects bordering city boundaries and potential traffic and quality of life impacts. (Sponsored by Mayor Lago)

BOARDS/COMMITTEES ITEMS

G.-1. 24-7688 A Resolution of the City Commission approving Fiscal Year 2024-2025 Cultural Grant recipients and setting in place a funding mechanism contingent on the City’s approved budget. (Unanimously recommended by the Cultural Development Board approval/denial vote: 6 to 0).

G.-2. 23-5549 A Resolution of the City Commission approving the purchase and installation of the sculpture “A Perfect Place” by José Bedia (recommended by the Arts Advisory Panel, approval/denial vote: 7 to 0, and the Cultural Development Board approval/denial vote: 6 to 0); authorizing an amendment to the Fiscal Year 2023-2024 amended budget to recognize as revenue a transfer from the Art in Public Places reserve, and appropriating such funds to put toward the purchase cost, transportation, installation, and related expenses.

On December 19, 2023, the Cultural Development Board reviewed the proposal, accepted the
recommendation of the Arts Advisory Panel and made a motion unanimously recommending
approval to the City Commission to purchase the artwork “A Perfect Place”.
Funding:
Funding for the purchase, transportation, engineering, sitework, installation, lighting, and signage
(est. $153,500) is proposed through the art fund.
The cost of annual maintenance is anticipated to be minimal and is being proposed through use of
the general fund as ordinary maintenance and will be included as part of the City’s annual public
art maintenance plan.

CITY MANAGER ITEMS

H.-1. 24-7690 A Resolution of the City Commission authorizing acceptance of an amendment for Grant Agreement No. LPA0156 from the State of Florida Department of Environmental Protection (DEP) for an extension to the agreement for the Coral Gables Galiano Street and Madeira Avenue Stormwater Improvements Project and authorizing the City Manager to execute the amendment of the agreement with DEP for said financial assistance under DEP Agreement No. LPA0156, for financial services;
H.-2. 24-7712 A Resolution of the City Commission authorizing an amendment to the fiscal year 2023-2024 annual budget to recognize as revenue $1,425,000 from general fund, fund balance and to appropriate 1,425,000 towards the fraternal order of police, Coral Gables Lodge number 7, Union contract expenditures.
H.-3. 24-7692 A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award AGC Electric, Inc. (Primary), R & D Electric, Inc. (Secondary) and Computer Electric, Inc. (Tertiary) as the three most responsive and responsible bidders for Licensed Electrical Contractor Services pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Invitation for Bids (IFB) 2024-011.

H.-4. 24-7735 A Resolution of the City Commission of the City of Coral Gables, Florida, authorizing the City to enter into a Lease with Bogey Grill, LLC, a Florida limited liability company, using a trade name to be determined, with regard to the City-owned property 2001 Granada Boulevard, Coral Gables, FL 33134 for a period of five (5) years and with one (1) additional, five-year renewal option, at the City’s discretion.

The City of Coral Gables (the “Landlord”) owns the Granada Golf Course Pro Shop Diner Building (Folio No. 03-4108-001-5855) located at 2001 Granada Boulevard, Coral Gables FL, 33134 (the “Building”) which includes both the Golf Course Pro-Shop and a restaurant/diner space that encompasses 1,799 square feet (the “Premises”). The Premises, where the Burger Bob’s diner operated between 2003-2022, under a concession agreement/lease with the city, are considered an amenity to the Granada Golf Course and its surrounding neighborhood.

On March 8, 2022, pursuant to Resolution No. 2022-51, the City Commission directed the City Manager to: (1) study diner-style restaurants to gain inspiration for the concept envisioned by the City Commission, (2) proceed with the demolition of the Premises, (3) establish a budget for the design and construction of the Premises, (4) engage a restaurant operator/tenant for the Premises, once the design and construction is complete, (5) preserve any equipment that is still useful; and (6) find a way to recognize Burger Bob’s in the new diner-style restaurant Premises.

On May 10, 2022, pursuant to Resolution No. 2022-118, the City Commission waived the competitive process of the Procurement Code with respect to the operation of the Premises and directed the City Manager to negotiate directly with Ms. Rita Tennyson, for the operation and tenancy of the Premises.

As directed by the City Commission, the City’s Public Works Capital Improvement Division (PWCIP) will complete a $1.327 Million renovation and improvements project (the “Renovations”), whose design included community input through Community Recreation neighborhood meetings and meetings with residents at the Premises regarding the diner’s aesthetics and furnishings. PWCIP expects that the city’s general contractor will achieve substantial completion of the Renovations in July 2024 and final
completion by the end of September 2024.

Proposed Lease Terms:

Premises: 1,799 sq. ft. of restaurant use space leased in its “as is” condition.

Term: The Lease term shall commence on the day that both Tenant and Landlord execute the Lease (the “Effective Date”) and shall expire five (5) years.

Renewal: Tenant will have one (1) additional, five-year renewal option, at market rent,
and at the City’s discretion.

Base Rent and Yearly Escalations: For five (5) years, commencing on the Rent Commencement Date, the Tenant will pay the Landlord monthly rent at $35.00 per sq. ft., increasing at the rate of three percent (3%) per annum as follows:

Lease Year Per Sq. Ft. Rent Monthly Rent Annual Base Rent
1 $35.00 $5,247.08 $62,965.00
2 $36.05 $5,404.50 $64,853.95
3 $37.13 $5,566.63 $66,799.57
4 $38.25 $5,733.63 $68,803.56
5 $39.39 $5,905.64 $70,867.67

Additional Rent: Commencing on the Rent Commencement Date, the Tenant will pay Landlord additional rent (an estimated $8.00 per sq. ft.) for the Premises, encompassing Tenant’s proportionate share (35.64%) of:

(i) Real estate property taxes for the Building.
(ii) Landlord’s common area maintenance costs for the maintenance, operation, management, or repair of the Building.
(iii) Landlord’s cost to insure the Building.

H.-5. 24-7611 Update regarding plans for the City’s Centennial Celebration.
H.-6. 24-7734 Update on Saturday Downtown Express.