City Commission Recap (12/13/2022)

Below is a copy of the Commission Digest for this Commission meeting with the brief explanations of discussion taken and/or final votes cast by the Commission on December 13th.

Discussion/explanation can be found in blue. If opening on a smartphone, turn your phone horizontally to avoid having to scroll right to see how all members of the Commission voted on each item.

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

Consent Agenda

E-1: A Resolution of the City Commission authorizing the acceptance of the Memorandum of Agreement between City of Miami Fire Rescue, as the sponsoring agency of the Florida Task Force 2 of the national Urban Search and Rescue (USAR) Response System, and Coral Gables Fire Rescue as a participating agency of the Task Force.

“City of Miami Fire Rescue, as the sponsoring agency, is responsible for recruiting, training, acquiring equipment, and organizing members of the Task Force. The team is designed to respond to a variety of disasters, such as earthquakes, hurricanes, floods, and hazardous materials releases where victims may be trapped, lost or injured. Coral Gables Fire Rescue wishes to continue to be a participating agency in the Task Force. All costs incurred by Coral Gables Fire Rescue related to training, activation and deployment shall be reimbursed by the City of Miami Fire Rescue.”

E-2: A Resolution of the City Commission authorizing a contract modification to Allbritton Lee LLC dba RE:site for commissioned artwork, Contract 2021-012, pursuant to Section 2.2, Scope of Services, and Section 3.2, Changes in Scope of Services, in an estimated amount of $75,000 for additional costs related to changes in scope requested by the City regarding design, engineering, and materials.

Click here to see staff’s presentation.

E-3: 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 3991 SW 14th 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.

“American Infrastructures, Inc., on behalf of the property Owner, 5762UM Holding, LLC, is requesting authorization for an outside sewer connection into the City’s sanitary sewer district to serve two residential triplexes. The building is located at 3991 SW 14th Street 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 outside city limits and Miami-Dade Water and Sewer Department shall provide a release of service. The property will be connected into the City’s sanitary sewer service area discharging into pump station 03-City-2. 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 approximately 250 LF of gravity line connecting into an existing gravity main at Salzedo Street and 14th Street (Salamanca Ave) discharging into the City of Coral Gables’ 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 American Infrastructures Inc.’ 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 990 GPD and a peak factor demand of 4.44. For an estimated peak flow demand of 4,396 GPD. The fee has been estimated to be $9,231.60. 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 a 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. The installation of these sewer improvements shall be in accordance with the City of Coral Gables Public Works Standards and Specifications. Upon approval of the American Infrastructure Inc.’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-4: A Resolution of the City Commission authorizing Beaux Arts of the Lowe Art Museum of the University of Miami to sell alcoholic beverages at the University of Miami Watsco Center Parking Lot on Saturday, January 14th, 2023, from 10:00 a.m. to 5:00 p.m. and Sunday, January 15th, 2023, from 12:00 p.m. to 5:00 p.m. during the 72nd Annual Beaux Arts Festival of Art. Subject to Florida Department of Professional Regulation Requirements.

“This request is to authorize Beaux Arts of the Lowe Art Museum of the University of Miami to sell alcoholic beverages at the University of Miami Watsco Center Parking Lot on Saturday, January 14th, 2023, from 10:00 a.m. to 5:00 p.m. and Sunday, January 15th, 2023, from 12:00 p.m. to 5:00 p.m. during the 72nd Annual Beaux Arts Festival of Art. Subject to Florida Department of Professional Regulation Requirements. This request has been reviewed by the City’s Special Events Committee.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

E-5: A Resolution of the City Commission authorizing Coral Gables Chamber of Commerce Foundation to sell alcoholic beverages at Alhambra Circle on Thursday, February 9, 2023, from 5:30 p.m. to 9:30 p.m. during the Burgerliscious event to benefit the Coral Gables Chamber Foundation, subject to Florida Department of Professional Regulation requirements.

“That Coral Gables Chamber of Commerce be permitted to sell alcoholic beverages at Alhambra Circle on Thursday, February 9, 2023, from 5:30 p.m. to 9:30 p.m. during the Burgerliscious event to benefit the Coral Gables Chamber Foundation, subject to Florida Department of Professional Regulation requirements. Burgerliscious will take place from 5:30 p.m. until 9:30 p.m. on Thursday, February 9, 2023, and will feature live music and several restaurants serving hamburgers in stations throughout the east and west lanes of Alhambra Circle.”

E-6: A Resolution of the City Commission appointing James Kohnstamm (Nominated by Mayor Lago) to serve as a member of the Economic Development Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-7: A Resolution of the City Commission accepting the recommendation of the Innovation & Technology (I.T.) Department to waive the competitive process of the Procurement Code and purchase the Zoocha Annual Maintenance Service as a “Special Procurement/Bid Waiver”, pursuant to Section 2-691 of the City’s Procurement Code.

“The City Clerk’s office along with Office of Communications and Innovation & Technology department purchased the Drupal Enterprise Web Platform in July 2021 to operate the City’s Public Website. Zoocha was the selected vendor for this implementation due to their expertise with the platform. The new site’s goal is to assist visitors in easily locating information, while also updating the look and feel of the site: https://www.coralgables.com. This website was built on a state-of-the-art digital experience platform (Drupal DXP) with improved service-oriented design, citizen services directory, enhanced features and functionalities, advanced search function, integration with city applications, streamlined content, and new video and photography showcasing the City Beautiful’ s nature, historic landmarks, gorgeous residential areas, and vibrant business and arts and culture districts. The system has been in place in a production environment since August 2022 and it is currently time to renew the maintenance service agreement for the platform. All services related to this contract will be delivered exclusively and entirely by Zoocha. Zoocha have exclusive rights to all services provided or related to the Zoocha company including all work completed by members of our organization over the duration of this contract. This request is to renew the annual maintenance subscription and AWS hosting services in an estimated at $40,210.00 per year for as long as the service is required and in an amount not to exceed the available budget. The maintenance service covers incident and application problem management, application and infrastructure incident management and proactive maintenance and is activated on an annual basis. Under Section 2-691 of the Procurement Code, entitled “Special Procurement/Bid Waiver,” a special procurement may be initiated 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-8: A Resolution of the City Commission authorizing a contract modification to the Fire Prevention Plans Review services contract No. PSA 2022-019, with Fire Code Pro, Inc., Pursuant to Section 2-764(B), approval of change orders and contract modifications, in the amount of $106,000.00 to accommodate additional work.

“On October 2, 2022, 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 Fire Code Pro, Inc. 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 $106,000, or not to exceed the available funds, in expenses during fiscal year 2022-2023 or until a new contract is awarded.”

E-9: A Resolution of the City Commission authorizing a contract modification to the Fire Prevention Plans Review services contract No. PSA 2021-007, with Robert Nance., Pursuant to Section 2-764(B), approval of change orders and contract modifications, in the amount of $27,257.00 to accommodate additional work.

“On September 29, 2022, 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 Robert Nance 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 $27,257.00, or not to exceed the available funds, in expenses during fiscal year 2022-2023 or until a new contract is awarded.”

E-10: A Resolution authorizing the execution of an agreement for sewer connection for property located outside the City’s sewer district at 3980 SW 8th 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.

“E. M. Mora – Architect, Inc., on behalf of the property Owner/ applicant, Uncle Tom’s Barbeque, is requesting authorization for an outside sewer connection into the City’s sanitary sewer district to serve 3,400 sq. ft. of full-service restaurant. The building is located at 3988 SW 8th Street 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 outside city limits and Miami-Dade Water and Sewer Department shall provide a release of service. The property will be connected into the City’s sanitary sewer service area discharging into pump station 03-City-2. 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 lateral line connecting into an existing gravity main at 8th Street discharging into the City of Coral Gables’ 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 E. M. Mora – Architect, Inc.’ 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 3,400 GPD and a peak factor demand of 4.44. For an estimated peak flow demand of 2,664 GPD. The fee has been estimated to be $31,701.60. 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 a 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 installation of these sewer improvements shall be in accordance with the City of Coral Gables Public Works Standards and Specifications. The property Owner shall secure all required permits to perform this project. Upon approval of the E. M. Mora – Architect Inc.’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.”

The following is a vote on Items E-1 to E-3 and E-5 to E-10.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Seconded		Motioned

Ordinances On Second Reading

F-1: 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.”

Changes between first and second reading: the City is exempt from this article and installation of above ground facilities can be done with administrative approval only.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

F-2: An Ordinance of the City Commission creating Section 42-41 “Smoking in Parks” prohibiting smoking in all parks operated by the City, providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Mayor Lago).

“In 2022, the State Legislature amended Florida Statue 386.209, “Regulation of smoking preempted to state,” to allow a municipality to restrict smoking within the boundaries of any public beaches and public parks that they own, except that municipalities may not further restrict the smoking of unfiltered cigars. Given the well documented public health concerns regarding tobacco use, and the effect on smoking debris on the beauty and safety of the City parks the City is recommending the prohibition on smoking and vaping in City parks in accordance with state law. This ordinance will not affect any County or privately owned or operated parks within the City. This ordinance was approved on first reading during the November 9, 2022 City Commission meeting. There have been no changes since first reading.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Seconded	Motioned

F-3: An Ordinance of the City Commission authorizing the City to enter into a Second Amendment to the Second Amended and Restated Master Lease Agreement for the property commonly known as the Village of Merrick Park, with Merrick Park, LLC, f /k/a Rouse Coral Gables, LLC, amending Section 3.1 relating to parking and approving the general terms of a corresponding License Agreement for certain parking uses; providing for a repealer provision, severability clause, and providing for an effective date. (Sponsored by Mayor Lago). Lobbyist: N/A.

“The Second Amended and Restated Master Lease Agreement (the “Lease”) between the City of Coral Gables (the “Landlord”) and Merrick Park LLC, f/k/a Rouse Coral Gables, LLC (the “Tenant”) for the property commonly known as the Village of Merrick Park (the “Village”) provides for 400 parking spaces in the Village’s parking garages to be made available to the Landlord, charged at City rates, and utilized pursuant to a parking plan. The Lease further provides that 220 spaces will be located in one or both of the North Garages and 180 spaces will be located in the East Garage and that the spaces will be made available from 7:00 a.m. to 7 p.m., Monday through Friday. Finally, the Lease provides that revenues received from the use of such spaces will become part of Project Revenue for purposes of calculating percentage rent. Landlord and Tenant now wish to amend the Lease to provide more flexible use of the 400 parking spaces which will continue to include the permit parking spaces and may include long-term parking spaces, governed by a license agreement, with neighboring developments. Proposed Terms of Lease Amendment: Up to 400 spaces will be made available for use by Landlord for permit parking and use by tenants, residents, guests, invitees, or other occupants of one or more developments designated by the Landlord; Removes day/time restrictions, making the spaces available to the Landlord 24 hours per day/7 days per week; Use of said development designated spaces will be governed by a License Agreement (in substantially the form attached to the Second Amendment to the Lease); Request for the use of said spaces by a development must be initiated by Landlord; Tenant agrees that if a request is made for exclusive spaces Tenant will, in good faith, seek the approval of the anchor tenants under the COREA; The fee per space will be negotiated by the Tenant at no less than 100 percent and no greater of 150 percent of the City’s parking rate at the time the License Agreement is entered into, with provisions for CPI increases. The only significant change between first and second reading is listed in the last bullet
point above.”

Change between first and second reading: fee per space will be negotiated by the tenant at no less than 100% and no more than 150%.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Seconded	Motioned

F-4: An Ordinance of the City Commission amending the City of Coral Gables Zoning Code, Article 6 “Landscape,” Section 6-104 “Landscape Requirements for Public Rights-of-Way: to amend planting height and various other provisions, providing for a repealer provision, severability clause, codification, and providing for an effective date . (Sponsored by Commissioner Anderson).

“No changes have been made to the proposed text amendment since the July 25, 2022, meeting. As requested by the City Commission, Zoning Code text amendments are proposed to give the Greenspace Management Division discretion to allow trees of a lower height at planting provided they meet life safety requirements and contribute to that diversity. The text amendments also clarify a few other provisions regarding planting in the rights-of-way, including provisions regarding the percentage of palms to be planted in the rights-of-way. The proposed text amendments are to incentivize diversity in the urban canopy. November Planning & Zoning Board Meeting: The Planning & Zoning Board reviewed the proposed text amendment again at their November 1, 2022, meeting. The excerpt from the meeting minutes is provided as Exhibit C. The Board discussed their concerns about a variety of tree species lining the city’s streets and the visual impact of neighborhoods. After a tie vote, the Board then recommended approval (vote: 4-2) with the following changes for the City Commission to consider including: 1. Consideration should be given to the unique aesthetic of certain streets where a species and heights predominate; and 2. A minimum of 8 feet clear trunk shall be provided at time of planting. October Landscape & Beautification Advisory Board: On October 13, 2022, the Landscape Advisory Board discussed the proposed text amendments of the intent to provide a variety of street tree species within the same block. At the beginning of the discussion, the Board was divided with multiple opinions. Some members believed that providing a variety of tree species added to the interest and beauty of any street block, while others reported that George Merrick had master planned the city’s tree canopy to deliberately be coordinated like the symbolic live oaks on Coral Way as seen on maps dating back to the 1910’s. Staff brought up the 2014 Neighborhood Tree Succession and Initiation Plan that included extensive color-coded mapping of almost each block and a recommendation to strive for species diversification. The board agreed that they support diversity if master-planned and well-thought out, as planting trees haphazardly would not be appropriate for the city. September Planning & Zoning Board Meeting: The Planning & Zoning Board reviewed the proposed text amendment at their September 14, 2022, meeting. The Board understood the need to allow shorter trees, but expressed concern for encouraging a variety of tree species within the same block as not being consistent with the original identity of Coral Gables. After a lengthy discussion, the Board deferred the request to hear the review of additional advisory boards, such as the Landscape & Beautification Advisory Board.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

Ordinances On First Reading

F-5: An Ordinance of the City Commission dissolving the Business Improvement District of Coral Gables as a Special District; providing for repeal, severability clause, and providing for an effective date.

“In 2022 the referendum approving the continued existence of the Business Improvement District (“BID”) failed to pass and in October of 2022 the City Commission adopted Resolution 2022-234, ceasing all assessments and dissolving the BID as of the earlier of December 31, 2022 or the date upon which all assets of the BID had been exhausted or transferred to the City. Pursuant to Resolution 2022-291, the BID had until November 14, 2022 to confirm it would execute certain events and the BID failed to provide such confirmation. Pursuant to Resolution 2022-291 the BID dissolved as a special assessment district effect November 18, 2022. Pursuant to Florida Statute 189.071 dissolution of special districts is effectuated by ordinance and the City Commission desires to effectuate, ratify, and confirm the dissolution of the BID such that it no longer exists as a special assessment distract, dependent special district, or any other public or government form.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Seconded	Motioned

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 15, “Notices” to require online publication of historical determination letters and Article 8, “Historic Preservation” revising the process of historical determination letters; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

“Currently in Section 8-107 of the Zoning Code, whenever a demolition permit or preliminary development proposal are received, the Historic Preservation Officer must review and provide a determination if the affected structure(s) are eligible for designation as a local historic landmark. If the Historic Designation Officer does not require further review by the Historic Preservation Board, then he/she will issue a determination to the applicant. As requested by a commissioner, the proposed amendment will require both an online publication of the historical determination letters so that interested community members may be notified, and a clarification that anyone that appeals a determination can then prepare their own designation report for public hearing. Instead of allowing an appeal at any time during the process, the proposed text amendment states an appeal must be submitted within 10 days of online posting and the appellant would have 21 days to submit a completed designation report. The intent is to provide additional transparency for historic designation determinations.”

Code currently does not allow for appeal unless party is grieved party having received a notice by the City. This would place notices on the City’s website so the entire City is noticed providing for 10 days to appeal and 20 days to submit a report.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

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 15, “Notices” to include mailed notice to all properties within the applicable mailing distance; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

“As requested by a Commissioner, a text amendment is proposed to include mailed notice to all properties within the mailing radius. Currently Section 15-102(C) requires mailed notice to the property owners and tenants, if such names are indicated in the current tax rolls. However, rarely are tenants included on the current tax rolls unless long-term 99-year leases. Therefore, in order to provide notice to residents that may be directly affected by a proposed development, a text amendment is proposed to also mail notice to the property itself, if different from the property owner. Planning & Zoning Board: At their November 1, 2022, Planning & Zoning Board meeting, the proposed text amendment was presented to the Board to include a mailing to the property itself within the required mailing radius. The Board was divided in their discussion. The concerns included burdening the property responsible to send the notices, as well as a desire to place the owner’s name on the mailed notice to both their mailing address and the property itself. In general, the Board had concerns about involving the residents who are not property owners by sending them a mailed notice, and therefore had a tie vote (2-2).”

Change to code requiring that notices be sent to mailing addresses registered at the property appraiser’s office as well as the physical property address.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

Resolutions

F-8: A Resolution of the City Commission amending Resolution No. 2019-338 which approved a mixed-use site plan for the project known as “ZOM Coral Gables” located at 363 Granello Avenue and 300 Greco Avenue, Coral Gables, Florida providing for amended conditions of approval to allow for certain undergrounding of utilities to be completed after the issuance of the Certificate of Occupancy as provided in an Escrow Agreement. (Sponsored by Mayor Lago). Lobbyist: Jorge L. Navarro.

“The City Commission approved a mixed use project, including required conditions of approval, for the “ZOM Coral Gables” project located at 363 Granello Avenue (the “Project”), including the undergrounding of certain public utilities. As part of the permitting process and in accordance with Resolution No. 2019-338, the Developer completed the undergrounding of the requisite public utilities except for two (2) FPL poles located within the alley adjacent to the Project (the “Remaining Utility Work”). Florida Power Light (FPL), the utility responsible for the Remaining Utility Work, has been delayed in completing the Remaining Utility Work due to conflicts arising with respect to its response efforts associated with the recent effects of Hurricane Ian. Developer seeks to apply to the City for a certificate of occupancy for the Project and needs to amend Resolution No. 2019-338 to account for the Remaining Utility Work to be completed after CO.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned	Seconded

City Commission Items

G-1: Update regarding Dover Kohl’s bicycle infrastructure plan on Biltmore Way, Andalusia Avenue and possibly Valencia Avenue. (Sponsored by Commissioner Anderson).

Community meeting will take place on January 19th at the First United Methodist Church from 6:30PM to 8:30PM.

G-2: A Resolution of the City Commission supporting the City’s partnership with the University of Miami to host “Codemania 2023” a coding competition for high school students. (Sponsored by Commissioner Menendez).

“Through Commissioner Menendez’ leadership, the City of Coral Gables has developed the idea of hosting a coding competition for high school students in partnership with the University of Miami and cloud-based software developer, Salesforce. CodeMania will be a three-week competitive, hands-on learning experience for high school students to learn how to build and present a solution using Salesforce to solve for real world applications. Teams will be tasked with creating and presenting a public facing digital experience and/or chatbot concept that can help the City of Coral Gables improve the lives of their residents and visitors. Competition participants will benefit in numerous ways, including gaining valuable experience and marketable skills by creating portals, chatbots, and digital experiences on one of the most used customer relationship management (CRM) systems on the market. The event will culminate with team presentations at a fun and interactive ceremony held on the University of Miami’s campus. On the final day, judges will select winners and all participants will have the opportunity to celebrate their products and achievements. This resolution documents the Commission’s support for co-hosting the CodeMania event, allowing for the investment of staff time and resources that will be necessary to bring the event to fruition.”

Registration is due by January 27th. Competitors will be building real world solutions and IT Department may implement the work created by competitors.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Seconded	Motioned

G-3: Update on Catalonia Park. (Sponsored by Commissioner Menendez)

City Manager Items

I-1: Planning of events for centennial update.

I-2: A Resolution of the City Commission authorizing Coco Cigars II, located in the Shops at Merrick Park, 320 San Lorenzo Avenue, Suite 1250, to add the sale of alcoholic beverages for consumption on premises as an accessory use to the retail of cigars and tobacco products, as permitted by state law, provided that total receipts from the sale of alcoholic beverages not exceed 25 percent of the total annual gross receipts, and permanent bars or counters not exceed 45 square feet in surface area, subject to a valid certificate of use and local business tax; and providing for an effective date.

“Coco Cigars II located in the Shops at Merrick Park, 320 San Lorenzo Avenue, Suite 1250, has requested the ability to sell beer and wine for consumption on premise (2COP) as incidental to the primary function of the business which is a retail establishment selling cigars and tobacco products and accessories, a non-restaurant facility. Per Section 6-4(a)(4) of the City Code, a non-restaurant facility must receive approval from the City Commission after administrative review from the City Manager and meet the requirements set forth in the City Code: 1. That the non-restaurant facility shall have a valid certificate of use and occupational license. 2. The sale of alcoholic beverages and intoxicating liquors shall be only incidental to the primary function of the facility. 3. Permanent bars or counters with a surface area not exceeding 45 square feet shall be permitted. 4. Total receipts from the sale of alcoholic beverages and intoxicating liquors shall not exceed 25 percent of the total annual gross receipts of any non-restaurant facility. It shall be the responsibility of the non-restaurant facility to maintain records open for inspection by the city to demonstrate compliance with this requirement. 5. Non-restaurant facilities holding a state retail beverage or retail liquor store license shall always be subject to inspection by the city manager or his or her designee for the purpose of determining that such non-restaurant facilities are in compliance with the existing requirements. In order to obtain license from the state to be able to sell beer and wine for consumption on premise (2COP), the Applicant is requesting approval from the City Commission. The applicant is currently working on a building permit for interior renovations of its retail space in the Shops at Merrick Park in which the plans have been reviewed and approved by the mall management.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned	Seconded

I-3: A Resolution of the City Commission authorizing the City Manager to evaluate options and begin negotiations for the sale and/or development of the city-owned surface parking lot at 234 Navarre Avenue, FL 33134 (Folio #03-4108-006-1100) with Location Acquisitions, LLC and provide recommendations to the City Commission.

“On January 28, 2022, Location Acquisitions, LLC provided a Letter of Intent (LOI) to the city regarding their desire to enter into a long-term lease for the city-owned surface parking lot at 234 Navarre Avenue, Coral Gables, Florida, Folio #03-4108-006-1100, (the “Property”). Location Acquisitions, LLC owns several properties adjacent to the Property and has developed a site plan for developing the overall site that would require the City’s Property for the execution of the development project and its parking requirements. City staff evaluated the long-term lease proposal for the Property and after careful review of the LOI, and the site plan materials provided, the City Manager determined that the long-term lease proposal was not in the City’s best interest. However, the City’s Minorca Garage (the “Garage”) is under construction, and public parking needs for the Minorca-Navarre area will be met once the Garage becomes operational. As such, the City Manager also decided to evaluate the Property’s “as-is,” best-use, market value using an appraisal in order to decide whether the city will surplus the Property using the public advertising process pursuant to Section 2-1091 of Division 12 of the City’s Procurement Code. Location Acquisitions, LLC has also expressed an interest in purchasing the Property. The City Manager is therefore requesting authorization to evaluate site development options and begin negotiations with Location Acquisitions, LLC in order to provide recommendations to the City Commission regarding the Property’s overall potential for sale and/or development.”

READ: Questionable Unsolicited Bid Revealed Following City Staff Attempt To Block Property Advisory Board Request To See New Unsolicited Bids AND For Sale: Commission Set To Discuss The Potential Sale Of Another City-Owned Parking Lot.

Lago recused himself due to developer being his landlord of one of his properties in the City.

City Manager Peter Iglesias stated that he wanted to explore the options available to the City with this property. Anderson asked for staff to explore adding park space in the area.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded
RECUSED

I-4: A Resolution of the City Commission accepting a recommendation to authorize the award of a contract with Islamorada Pools as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code.

“The Venetian Pool is a historic facility with unique daily water usage from an underground aquifer. The pool operates under strict permits and regulations to include compliance with South Florida Water Management District’s permit and the Safe Drinking Water Act. The pool bottom needs to be repaired and resurfaced. In order to comply with set permits and regulations, the thermoplastic application must be applied by trained distributers of the required coating, which is only made by Eco-Finish LLC. Islamorada Pools is the only authorized distributor in the area that has been trained to apply this product and have the ability complete the project during the pool’s closing period. The resurfacing project and associated repairs is estimated at $350,000 and Public Works is seeking an approval in that amount or not to exceed the available budget for the project. Under Section 2-689 of the Procurement Code, entitled “Sole Source Procurement,” an award may be made without competitive bids when there is only one source available to fulfill the needs of the City.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Seconded	Motioned

I-5: A Resolution of the City Commission approving the City’s 2023 Legislative Priorities in substantially the attached form.

“The City Commission annually adopts both policy and funding priorities to guide the City’s lobbying efforts during the State legislative session. These priorities are collectively referred to as the City’s “Legislative Agenda”. The Legislative Agenda is an evolving document and often requires updating as the legislative session progresses. The City Commission supports additions and modifications to the Legislative Agenda that are consistent with this Resolution and further the City’s best interests and the Commission’s priorities.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Seconded	Motioned

I-6: A Resolution of the City Commission authorizing an encroachment into the public right-of-way consisting of one flagpole and associated lighting located at 2020 Salzedo Street, adjacent to Minorca Avenue; subject to requirements of the Public Works Department.

“Codina Partners on behalf of Salzedo Office, LLC has requested permission to encroach into the public right-of-way at 2020 Salzedo Street, adjacent to Minorca Avenue. The proposed encroachments consist of the installation of one flagpole and associated lighting. The Public Works Department does not object to the request to encroach into the public right-of-way at the aforementioned locations, subject to the following conditions of the Public Works Department: a. The applicant shall submit a complete set of engineering drawings in accordance with the Public Works standards for review, and obtain approval of the Development Services Department, including but not limited to the Electrical and Structural divisions; b. The City of Coral Gables reserves the right to remove, add, maintain, or have the Applicant remove any of the improvements within the right-of-way, at the Applicant’s expense; c. The Applicant shall maintain the proposed encroachments in good condition at all times at the Applicant’s expense; d. The Applicant shall meet with the City Attorney for the purpose of providing all information necessary for preparation of a maintenance agreement to be executed by the Applicant, which states, in addition to the aforementioned requirements, Applicant will provide Public Liability Insurance coverage for the encroachment in the minimum limits required by the City, and naming the City as an additional insured under the policy, and the Applicant will prepare a General Encroachment and Restrictive Covenant Agreement which shall be recorded; e. Copies of the maintenance agreement, when fully executed and filed, together with the required certificate of insurance, shall be provided by the Applicant to the Public Works Department; and permits thereafter shall be obtained from that Department; f. The proposed encroachments shall be constructed in accordance with City of Coral Gables Public Works’ Standards and all other pertinent Codes, to include and not limited to structural and electrical reviews by the Development Services Department, as necessary; g. In the event the Public Works Department must issue a permit for a utility cut in the future within the area in which the encroachments are approved, the Applicant shall replace the proposed encroachments cut by the utility at the Applicant’s expense; and h. The proposed encroachment shall be maintained in accordance with the City Zoning Code, Section 5-1406, requiring that all visual obstructions be kept within a maximum height of thirty inches (30”) within the visibility triangle.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
Motioned		Seconded

I-7: A Resolution of the City Commission authorizing the City Manager and City Attorney to negotiate purchase and sale agreements for the sale of transfer of development rights (“TDRs”) currently available from 280-286 Coral Way (The Miracle Theater), and directing that all proceeds be placed in the City’s historic building fund. (Sponsored by Commissioner Menendez).

“Ongoing efforts to get more money for our landmarks and historic structures,” said Commissioner Menendez. City Manager stated that they have created a historic building fund, which will ensure funds are only used for this purpose.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Seconded	Motioned

I-8: A Resolution of the City Commission authorizing the City Manager and City Attorney to negotiate purchase and sale agreements for the sale of transfer of development rights (“TDRs”) currently available from the H. George Fink Studio, located at 2506 Ponce de Leon Blvd, and directing that all proceeds be placed in the City’s historic building fund.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

I-9: A Resolution of the City Commission accepting the recommendation of the Innovation and Technology Department and the Police Department to waive the competitive process of the Procurement Code and engage the services of Insight Public Sector to implement an upgraded CAD system as a “Special Procurement/Bid Waiver”, pursuant to Section 2-691 of the City’s Procurement Code.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

City Clerk Items

K-1: A Resolution of the City Commission electing _____________, in accordance with Section 1 of the City Charter, to fill the vacancy in Commission Group IV until the next general biennial election.

READ: Commission Expected To Go Against Residents’ Will And Appoint James Cason To Fill Commission Vacancy AND Commission Set To Decide Who Will Represent Residents For The Next Five Months, On Tuesday.

The Commission voted to appoint James Cason to fill Fors’ vacancy. READ: “Disqualified” Because Of Residents’ Support: Commission Appoints “High-Rise Jim” To Fill Vacancy Over Residents’ Choice, Maria Cruz

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
Motioned			Seconded

K-2: A Resolution of the City Commission in accordance with Section 2-30 of the City Code, entitled “Regular Meetings, Special Meetings,” setting forth the meeting dates through December 5, 2023. Tuesday, January 10, 2023 – Commission Meeting; Tuesday, January 24, 2023 – Commission Meeting; Tuesday, February 14, 2023 – Commission Meeting; Tuesday, February 28, 2023 – Commission Meeting; Tuesday, March 14, 2023 – Commission Meeting; Tuesday, March 28, 2023 – Commission Meeting; Tuesday, April 2023 – No Commission Meeting; Tuesday, May 9, 2023 – Commission Meeting; Tuesday, May 23, 2023 – Commission Meeting; Tuesday, June 13, 2023 – Commission Meeting; Wednesday, June 14, 2023 – Capital Workshop (Project Selection & Funding); Tuesday, July 11, 2023 – Commission Meeting; Wednesday, July 12, 2023 – Budget Workshop – Annual Budget Presentation; Tuesday, August 22, 2023 – Commission Meeting; Wednesday, September 13, 2023 – Commission Meeting; Wednesday, September 13, 2023 – Special Assessment Public Hearing – 3:00pm; Wednesday, September 13, 2023 – First Budget Hearing – 5:01pm; Tuesday, September 26, 2023 – Commission Meeting; Tuesday, September 26, 2023 – Second Budget Hearing – 5:01pm; Tuesday, October 10, 2023 – Commission Meeting; Tuesday, October 24, 2023 – Commission Meeting; Tuesday, November 14, 2023 – Commission Meeting; Tuesday, December 5, 2023 – Commission Meeting. (All meetings start at 9:00 a.m. unless otherwise stated above).

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
		Motioned	Seconded

K-3: A Resolution of the City Commission confirming the re-election of Troy Easley, who ran unopposed for the City of Coral Gables Retirement Board, Firefighter Employee Representative Seat, for a term beginning January 1, 2023 through December 1, 2024.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Seconded	Motioned