City Commission Recap (4/26/2022)

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 April 26th.

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.

Watch Meeting

To watch the meeting live on Zoom click here. The meeting will also be available live on the City’s YouTube Channel. You can watch it by clicking here.

Public Comments

Numerous residents addressed the issue of dog parks, in particular Catalonia Park. Residents spoke asking for the park to have an exclusive dogs only time at the park. They also explained that the issue was parents not caring for children, not dogs being off the leashes. Others stated that they had issues with dogs coming too close to their children. The Commission explained that they are working on creating a dog park at Salvadore Park and the one discussed in item G-8 at the Underline.

Mayor’s Comments

D-1: An update from staff on the landscape maintenance in downtown Coral Gables. Click here to see staff presentation.

Deena Bell-Llewellyn, the City’s Assistant Director of Public Works for Greenspace Management, presented the downtown landscape maintenance plan. Included are Ficus green island replacement and medians on Ponce de Leon. The Mayor presented images from his recent trip to New York City, with fresh new landscaping throughout the City, along with clean sidewalks and streets. “If New York can do it, we can do it,” said the Mayor, “I will not rest until we deliver a beautiful downtown.”

D-2: A Resolution of the City Commission amending the Mayor Lago’s Strategic Priorities Plan to include priority number nine – “Trailblazing with Technology”. (Sponsored by Mayor Lago).

“Following his election in April of 2021 Mayor Vince Lago began finalizing a strategic priorities plan which would be used to govern with integrity and transparency and outline his priorities for his term as mayor. The Mayor’s Strategic Plan Priorities included increasing transparency in City governance, improving accountability, engaging residents through outreach, enhancing quality of life for residents, encouraging a thriving business community, serving as strong stewards for the environments and maintaining the City’s historic integrity. The City Commission reviewed and provided input on the Mayor’s Strategic Priorities Plan and adopted the plan by way of Resolution No. 2021-121 passed during a City Commission meeting held on June 8, 2021. During a special workshop, held on March 14, 2022, the Mayor’s Council discussed and approved the suggested language that would be used to amend the Mayor’s Strategic Plan and unanimously voted in favor of adding a ninth priority: “Priority #9 – Trailblazing with Technology.” By amending the Mayor’s Plan, this new priority will allow for the enhancement of the city’s technology infrastructure to support the current smart initiatives in place and improve communication with the Coral Gables community.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded

Miami NewTimes News Racks

The Mayor shared images of Miami NewTimes news racks and the stickers and graffiti on them. The City’s Public Works Director, Hermes Diaz, addressed the issue with the Times and they have cleaned the racks. They found 20 that needed to be cleaned and 16 have been cleaned. One has been removed and four remain to be retouched, and should be completed by Friday.

Pat Tillman

The Mayor shared a 2-minute video of Pat Tillman, a former NFL player who went on to serve in the Army following the terrorist attacks of September 11, 2011. Tillman was killed in action in 2004 in Afghanistan.

Mena Out Remainder Of The Meeting

The Commission voted to allow for Vice Mayor Mena to vote remotely at 3:00PM, as he had to take a flight and would be unable to be there for the remainder of the meeting.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
Motioned	Absent			Seconded

Consent Agenda

E-1: A Resolution of the City Commission authorizing the execution of an agreement for a connection into the City of Coral Gables’ sewer wastewater collection / transmission system for the property located outside the City’s sewer district, 521 Santurce Avenue, Coral Gables, Florida, 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-2: A Resolution of the City Commission appointing Raul Faget (Nominated by Mayor Lago) to serve as a member of the Anti-Crime Committee, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-3: A Resolution of the City Commission appointing Lauren Dowlen (Nominated by Commissioner Menendez) to serve as a member of the Landmarks Advisory Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-4: A Resolution of the City Commission accepting the Annual Comprehensive Financial Report, Compliance Report, and Management Letter, for the fiscal year ended September 30, 2021 by RSM US LLP, Certified Public Accountants.

“The City’s external auditing firm of RSM US, LLP has completed the audit of the City’s financials and is presenting the Annual Comprehensive Financial Report, Compliance Reports, Management Letter and Statement of Auditing Standards (SAS) No. 114 Letter, for the Fiscal Year ended September 30, 2021. These reports have been presented to the Budget/Audit Advisory Board on March 30, 2022. The Audited Financial Statements were delivered to each of you electronically. This item is to formally accept the audited Financial Statement for the fiscal year ending September 30, 2021.” Click here to see the financial audit.

E-5: A Resolution of the City Commission authorizing the City Manager to enter into a Memorandum of Understanding, in substantially the attached form, with Rubicon Global, LLC. To conduct a waste data pilot project, allowing the city to test Rubicon ’s technology-enabled suite of products to improve the impact and efficiency of its residential solid waste and recycling collection. Lobbyist: Jose Felix Diaz. Lobbyist: Courtney Whitney.

“The Solid Waste Division of the Public Works department provides solid waste collection of garbage, recycling, and trash for single-family homes. As part of the City’s initiative to be paperless and automate processes currently performed manually, the division has been working with the Information Technology department to identify and evaluate software that will provide this functionality. Some of processes that will be automated through technology are tracking of the tonnage of waste disposal, pre and post trip equipment inspections, service exception, and documenting customer service requests. The Solid Waste division is interested in conducting a pilot project, which will allow the City to test Rubicon’s technology and determine the viability and ease of use for our operation and whether it will improve the efficiency of the City’s residential waste and recycling collection services. Under the terms of the Memorandum of Understanding, Rubicon will supply, at no cost, the City with the access to its proprietary app-based software and hardware needed to monitor and collect data regarding activity of the solid waste collections.”

E-6: A Resolution of the City Commission approving an interlocal agreement between the City of Coral Gables and Miami-Dade County providing for the removal of epiphytes on certain trees on Miami-Dade right-of-way.

“The City wishes to use City resources and contractors to remove certain epiphytes, including strangler figs, from trees along County right-of-way, which are currently maintained by the County. The City will remove these epiphytes on a one-time only basis, and have no other obligation to maintain the County right-of-way pursuant to this agreement. In this resolution, the City Commission finds it to be in the best interest of the City and its residents to enter in to the attached interlocal agreement and approves it being entered into.”

Pocket Item: Commission Rhonda Anderson appointed Beatriz Vazquez to the Pension Board.

This is the vote to approve the Consent Agenda, items E-1 to E-6, as well as the Pocket Item.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
			Seconded	Motioned

Ordinances On Second Reading

F-1: 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,” Section 10-110, “Amount of required parking,” and Article 16, “Definitions,” to clarify parking requirements related to single-family building alterations and to update the definition for a single -family residence regarding the use of covered open air walkways, and location of porte -coches and carports; providing for severability clause, repealer, provision, codification, and providing for an effective date.

“There have been no changes since First Reading. The City is proposing Zoning Code text amendments clarify parking requirements related to single-family building alterations and update the definitions related to single-family residences, as summarized below: Require parking for changes of building types; Clarify the separate parking exemptions for single-family / duplex residences from all other structures; Update the definition for a single-family residence to clarify that a roofed (open-air) walkway satisfies the definition’s requirement; Update the definitions for carport and porte-cochere to clarify locations. Required on- site parking requirements were established in 1964. Therefore, buildings that predate March 11, 1964, are allowed to be exempt from these requirements if there is no more than 25% increase of floor area. However, there have been instances that a duplex building type that did not have parking was converted into a single-family building type, but on-site parking was not provided. Therefore, Staff is proposing to include a provision that requires parking for changes of building types for single-family residences or duplex buildings. Related, the definition of a single-family residence requires that all living rooms to be accessible from each other from within the building. The definition is proposed to be updated to allow a roofed (open air) walkway to satisfy the requirement of a connection from within the house.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Motioned	Seconded

F-2: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 1, “General Provisions,” Section 1-108, “Transitional Rules,” to clarify that allowed existing uses of property or permitted as a conditional use of property within the city prior to the effective date of the Zoning Code Update Ordinance No. 2021-07 shall remain in effect as a permitted use of property or a conditional use of property upon the adoption of Ordinance No. 2021-07; providing for retroactive application; providing for severability clause, repealer provision, codification, and providing for an effective date.

“There have been no changes since First Reading. The City is proposing a Zoning Code text amendment to clarify that any permitted use or conditional use that was allowed on a given property prior to the adoption of the Zoning Code Update in 2021 remains in effect as a permitted use or a conditional use for that property. The Zoning Code Update of 2021 both organized a more user-friendly framework of zoning provisions and also created a few new zoning districts that reflected the allowed development rights from the Comprehensive Plan’s future land use designations. Many additional limitations for the location of certain uses were added to restrict these uses from abutting and impacting single-family properties to mimic the former Commercial Limited zoning district. Similarly, certain uses were limited to only be allowed within the appropriate district overlays. However, the streamlined permitted and conditional use table as adopted with the Zoning Code Update could be interpreted to inadvertently remove some allowed uses or conditional uses for properties. Therefore, the proposed text amendment clarifies that formerly permitted and conditional uses of any property apply to the new zoning districts as formerly allowed on the property.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Motioned	Seconded

F-3: An Ordinance of the City Commission amending the City of Coral Gables Code by amending Chapter 2, Article III, Section 2-147 “Membership” in Division 4- Sustainability Advisory Board; providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Mayor Lago).

“The City’s Sustainability Advisory Board has been in place in 2010 and currently has 10 members, including representation from the Coral Gables Chamber of Commerce, Florida International University, and the University of Miami. The Sustainability Advisory Board has attracted numerous young people to its recent meetings and events and the City Commission wishes to increase the Board’s membership to provide representation for the youth of Coral Gables. The youth member shall be a freshman, sophomore, or junior in high school at the time of their appointment, and attend a high school located in Coral Gables and/or be a resident of Coral Gables. The youth member will be a board as a whole appointee. There have been no changes since first reading.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Seconded	Motioned

F-4: An Ordinance of the City Commission amending the City of Coral Gables Code by creating Chapter 54 “Solid Waste”, Article III- Collection and Disposal, Division 3- Collection Requirements, Section 54-150 Prohibited Disposition of Yard Waste, Dirt, or Debris When Using Leaf Blowers; providing for repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

“The City of Coral Gables has various rules and regulations regarding the use of leaf blowers however, the City Commission is aware that frequently property owners and/or their hired landscapers blow dirt, debris, and yard waste into the City right-of-way and on to neighboring properties. Doing that can cause problems with stormwater catch basins, can be unsightly, and when debris is blown onto a neighboring property, cause a nuisance for the neighbor. The City Commission wishes to prohibit property owners and landscapers from improperly disposing of a property’s yard waste, dirt, or debris when utilizing leaf blower and make it explicitly clear that such action is prohibited within the City. There have been some minor edits since first reading, clarifying which individual/entity will be cited for violation of this provision.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Seconded	Motioned

F-5: An Ordinance of the City Commission amending the Future Land Use Map of the City of Coral Gables Comprehensive Plan pursuant to Zoning Code Article 14, “Process”, Section 14-213, “Comprehensive Plan Text and Map Amendments”, and Small-Scale Comprehensive Plan Amendment procedures (ss. 163.3187, Florida Statutes), changing the land use designation for certain properties located at Lots 19A & 20 Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables Florida from Multi-Family Duplex Density to Hospital Use; and assigning a land use designation of same, Hospital Use for the abutting property legally described as that portion of the un-dug University Waterway in Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). (Lobbyist: Alessandria San Roman). (Lobbyist: Alexandra Villoch). (Lobbyist: Joseph G. Goldstein). Agenda Items F-5, F-6, F-8 and F-9 are related.

“The proposed Final Plat has been prepared from the approved Tentative Plat on September 28, 2021. No other changes have been made since First Reading. The City is proposing to replat the undug portion of the University Waterway and to assign a Future Land Use classification and a Zoning designation to the existing parking lot on University Drive. The intent is to formalize the existing conditions of the valet parking lot, and regulation of future uses. The parking lot (encompassing both the platted lots of 19A and 20, and the deeded waterway) is currently owned by the City of Coral Gables and is under lease with Doctors Hospital, who is proposing to reconfigure and expand the surface lot. The proposed replat will incorporate lots 19A and 20 with the currently undug portion of the waterway to create a single tract of land. The Future Land Use classification for the current lots 19A and 20 is proposed to be changed from Multi-Family Duplex Density to Hospital, and assign the Hospital classification to the newly platted undug portion of the waterway. The Zoning District designation for lots 19A and 20 is proposed to be changed from Multi-Family 1 Duplex (MF1) District to Special Use (S) District, and assign Special Use (S) District to the newly platted undug portion of the waterway. The purpose of the Special Use (S) District is to provide a zoning classification which would require uses that have the potential of adversely impacting adjacent uses to only be approved by the Commission through the Conditional Use public review process. As such, the current rezoning application also includes a request for Conditional Use for the accessory use of the parking to the Hospital. The Conditional Use review process allows the imposition of conditions to mitigate any identified concerns from the community. The requests do not propose any changes to the current use.”

The items being considered in F-5, F-6, F-8 and F-9 are Change of Use to Hospital, Change of Zoning to Special Use, Final Plat defining the property and Conditional Use for Accessory Use to a Hospital. At the request of residents, the Australian pines in the area will remain. The Mayor asked about the lack of sidewalk in front of the lot and asked if Doctor’s Hospital will share in the construction of the sidewalk, which the City Manager stated it would be a 50-50 shared project. Dawn White from Baptist Health addressed the Commission about the project. She said they were happy to split the cost of the sidewalk in the future. The Mayor and Commission asked that the City Manager begin conversations about the sidewalk plan. Staff recommended approval with the condition that this remain a parking lot without the construction of any structure.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded

F-6: An Ordinance of the City Commission making zoning district boundary changes pursuant to Zoning Code Article 14, “Process”, Section 14-212, “Zoning Code Text and Map Amendments”, for certain properties located at Lots 19A & 20 Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables Florida from Multi-Family 1 Duplex (MF1) District to Special Use (S) District; and assigning a Zoning Designation of same, Special Use (S) District for the abutting property legally described as that portion of the un-dug University Waterway in Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). (Lobbyist: Alessandria San Roman). (Lobbyist: Alexandra Villoch). (Lobbyist: Joseph G. Goldstein). Agenda Items F-5, F-6, F-8 and F-9 are related.

See Item F-5.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded

Ordinances On First Reading

F-7: An Ordinance of the City Commission approving the purchase and sale agreement for the sale of Municipal Parking Lot 24, located at 5151 University Drive, Coral Gables, FL 33146, (Folio No. 03-4119-006-0200), to Doctors Hospital Inc., a Florida not-for-profit corporation; and providing for a repealer provision, severability clause and providing for an effective date. (The lot is currently leased to Doctors Hospital). Lobbyist: N/A.

An interesting item on the agenda. Mayor Vince Lago has said at prior Commission meetings that the City is not in the business of selling assets. Lago voted against the prior attempts by the City Commission to sell this lot to Doctors Hospital could derail this sale, as it would require a 4/5 vote to approve. Once again, staff is attempting to sell the lot for below the appraised value. The valuations being used are from October and November of 2021. The proposed sale is for $3.5 million. Click here to read staff’s timeline.

The Mayor stated that he has asked the City Manager to update the appraisals prior to second reading.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded

F-8: A Resolution of the City Commission approving Conditional Use review pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses” for a proposed Parking as an Accessory Use to a Hospital on the property legally described as Lots 19A & 20 and that portion of the un-dug University Waterway in Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables, Florida (5151 University Drive); including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). (Lobbyist: Alessandria San Roman). (Lobbyist: Alexandra Villoch). (Lobbyist: Joseph G. Goldstein). Agenda Items F-5, F-6, F-8 and F-9 are related.

See Item F-5.

Following a comment from resident, Maria Cruz, the Mayor asked that staff look into the possibility of having Baptist pay for the sidewalk. Following a question from Commissioner Fors about why we would treat Baptist differently, the Mayor stated that Riviera Country Club was being held to this standard. The Commission voted to continue the item to the May 10th City Commission meeting to allow for a discussion between the Manager and Baptist about the sidewalks.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned		Seconded

F-9: A Resolution of the City Commission approving the Final Plat entitled “Doctors Hospital Annex” pursuant to Zoning Code Article 14, Section 14-210, “Platting/Subdivision,” being a re-plat of approximately 45,635 square feet on the property legally as Lots 19A & 20 and that portion of the un-dug University Waterway in Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables, Florida (5151 University Drive) providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). (Lobbyist: Alessandria San Roman). (Lobbyist: Alexandra Villoch). (Lobbyist: Joseph G. Goldstein). Agenda Items F-5, F-6, F-8 and F-9 are related.

See Item F-5.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
			Seconded	Motioned

City Commission Items

G-1: A Resolution of the City Commission amending parking medallion policy. (Sponsored by Mayor Lago).

“The City Commission on April 27, 1993, adopted Resolution No. 28214, granting all former Elected City Officials a lifetime parking medallion which permitted them to park within the City of Coral Gables The City Commission desires to provide better oversight and management of the parking medallion program by limiting each user to two medallions and provide for a bi-annual recertification process to ensure medallions are assigned to active users.”

G-2: Discussion regarding banning gas leaf blowers. (Sponsored by Mayor Lago).

The item will come back at the next City Commission meeting.

G-3: Discussion regarding Blue Road and Alhambra Circle sidewalks. (Sponsored by Mayor Lago). Click here to see staff presentation.

The sidewalk on Alhambra, which would be in front of four homes, would require a 50-50 cost split with the homes. The Mayor asked that staff visit and speak with the residents and properly explain the benefits of the project. Construction for the sidewalks on Blue Road were also discussed and the plan is still in place. The expected start of the construction is in 2023. The Mayor asked for the design of the Blue Roads to be at the August City Commission meeting. He also asked for meetings with residents on Alhambra to be held at the end of May.

The Mayor asked staff about the sidewalks on University as well. The schedule for designing the sidewalks is being held back by David Plummer and Associates. They are working on other projects and have said they cannot get the design completed until August. The Mayor asked staff to find another designer. The City Manager said they are already working on it, so we need to work with them. Staff will have a conversation with them to shorten the time frame, the Mayor offered to speak with them as well.

Lastly, the Mayor brought up the need for sidewalks on Venetia Terrace. The issue is sidewalks that end on Venetia, a high traffic East-West connector street that has high traffic. Staff dragged its feet on their inability to place sidewalks on these blocks, but the Commission pushed the issue on the need, now that Venetia Park is there. Staff said they will be conducting a survey. The Mayor asked staff to report back at the July 12th City Commission meeting.

G-4: Discussion regarding downtown storm water grates. (Sponsored by Mayor Lago). Click here to see staff presentation.

The cost of 500 grates will be approximately $230,000. They serve as catch basins to reduce contamination to the Bay. The project is not budgeted for, so the Commission would need to include it in the Fiscal Year 2022-2023 budget.

G-5: Discussion regarding to the fire hydrant located at 2331 Ponce de Leon Boulevard. (Sponsored by Mayor Lago).

G-6: Discussion regarding the North Ponce Garden Apartment Study. (Sponsored by Mayor Lago).

G-7: Discussion regarding the property located at 827 Ortega Avenue. (Sponsored by Mayor Lago).

The Mayor asked staff for an update, which was provided by Deputy City Attorney Cristina Suarez. The Mayor pressed Suarez on why it had taken this amount of time to have this issue addressed. There is no porta-potty on the site, which is required. The trucks are working on the exterior of the house on Saturdays, which the Mayor passed legislation to prevent. “There has to be enforcement.” “A whole community has been held hostage, and it is unacceptable.” “We need to step in and hold people accountable.”

The property owner addressed and asked why it was preliminarily approved by the City? The Mayor asked why they hadn’t moved forward? The owner said he fired his architect and hired a new one who could get a permit approved. The owner said he has done everything in his power to address the situation. The Mayor stated the job site is subpar, they are working on Saturdays. The Mayor informed the owner that, “I will not accept that you run this from Maryland and ignore this job site.”

Following H-1 was discussed, staff came back to address and stated that there was no preliminary approval. The City Architect denied the initial application. Development Services Director Suramy Cabrera stated that a preliminary approval could have been issued for a one story renovation, not for the two story house. The Mayor stated he would sit down with staff to review this entire record, but that if there is a demolition permit to go ahead and do so.

G-8: Discussion regarding the status of the Underline Dog Park. (Sponsored by Commissioner Menendez).

Assistant City Manager Alberto Parjus stated that the County Commission will be taking up a vote on this issue in June or July. The approval of the company doing the design build. The segment has to be completed by 2026, based on the grant the County has. They are working on the project from north to south.

Boards/Committees Items

H-1: A Resolution of the City Commission approving an ongoing, rotating temporary public art exhibition curated by the Coral Gables Museum titled “Art on the Plaza” (recommended by the Arts Advisory Panel, approval/denial vote: 6 to 0, and the Cultural Development Board approval/denial vote: 6 to 0). Lobbyist: N/A.

“The Coral Gables Museum has a strong exhibition history with a professional curatorial staff and wishes to regularly install artworks on the Museum Plaza, a shared space with the City pursuant to Ordinance 2011-04 and as specified in the Amended Agreement signed February 16, 2011. The Museum has identified the name ‘Art on the Plaza’ as a program for rotating outdoor sculptures that relate to exhibitions and programming within the Museum. It is understood that the Museum will carry insurance or coordinate insurance coverage for artworks installed on the Plaza and will maintain them in accordance with best practices, including removing them in the event of tropical storm or hurricane warnings. As with all programs on City property, it is understood that the Museum will continue to submit required permits as necessary to ensure the safety of the public and security of the artwork. The Arts Advisory Panel voted unanimously (6-0) to recommend the ongoing, rotating temporary public art exhibition curated by the Coral Gables Museum titled ‘Art on the Plaza’ at their meeting on April 13, 2022. The Cultural Development Board voted unanimously (6-0) to recommend the ongoing, rotating temporary public art exhibition curated by the Coral Gables Museum titled ‘Art on the Plaza’ at their meeting on April 19, 2022.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent	Seconded	Motioned	Absent

City Manager Items

I-1: A Resolution of the City Commission authorizing the City Manager to administratively approve certain encroachments in the rights-of-way adjacent to single family residential dwellings, which do not extend into the paved right-of-way.

“Currently, Coral Gables City Code Chapter 62, Article I, Section 62-3 “Encroachments” sets forth approval procedures for encroachments in public rights-of-way. Section 62-3 provides that encroachments exceeding nine inches, into, onto or under the right-of-way must be approved by the City Commission, and all other encroachments must be approved by the Public Works Director. The City Commission wishes to simplify the approval process for certain encroachments by authorizing the City Manager to administratively approve encroachments in the rights-of-way adjacent to single family residential dwellings which do not extend into the paved right-of-way. This Resolution will grant the City Manager discretion to approve such encroachments and to condition approval on the execution of a Right-of-Way Encroachment Agreement and the applicant’s ability to comply with the City’s insurance, indemnification, hold harmless and other legal requirements as applicable.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Motioned	Seconded

I-2: A Resolution of the City Commission accepting the recommendation to waive the competitive process of the Procurement Code to secure Dover, Kohl & Partners for planning services for Biltmore Way public engagement as a special procurement /bid waiver, pursuant to Section 2-691 of the City’s Procurement Code. Lobbyist: N/A.

“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. The City Commission, with extensive input from the residents of Biltmore Way, has determined a need for greater public engagement to result in an improved streetscape design for the Biltmore Way corridor in order to beautify and better utilize the existing right-of-way. Dover, Kohl & Partners is best suited to provide a “Designing in Public” approach that yields a hands-on, immersive and visual experience. The Coral Gables-based firm is knowledgeable of local issues and specializes in merging design studio, policy-making, and town meetings into one seamless operation. Dover, Kohl & Partners provides design, consulting, illustration, and events involving the full spectrum of public and private stakeholders to devise a community’s distinctive plan. This approach is best suited to the City’s need for a comprehensive engagement of the public. The cost to acquire the firm for the Biltmore Way streetscape project will not exceed $110,000.00. The contract follows a substantially similar format as the Dover, Kohl & Partners’ Flagler Section Community Vision project.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Seconded	Motioned

I-3: A Resolution of the City Commission accepting the King’s Bay Gravity Sanitary Sewer System Grant from the Florida Department of Environmental Protection ’s (FDEP) Coral Protection and Restoration Program and authorizing the City Manager to execute an agreement with FDEP for said grant; directing the City Manager to develop the estimated local improvement assessments to be imposed on all benefitting properties to fund the project cost not covered by the grant; authorizing an amendment to the Fiscal Year 2021-2022 annual budget to recognize the grant as revenue and to appropriate the funds to put toward the cost of the project; and providing for an effective date.

“King’s Bay is the last coastal community within Coral Gables that still utilizes septic systems despite having a sewer force main within a reasonable connection distance. It is well documented that septic systems on properties in close proximity to coastal waterways such as Biscayne Bay leach nutrients and contaminants into the waterway, thereby contributing to algae blooms and fish die-offs. In order to defray the cost of converting the community from septic tanks to central sewer, the City has applied for and been awarded a Florida Department of Environmental Protection grant in the amount of $2,750,000 to help fund the construction of a new gravity sewer system, pump station, and force main that will allow for the conversion of approximately 150 septic systems to central sewer in a portion of the King’s Bay subdivision. Pursuant to the terms of the Grant, the City is required to make a minimum local contribution of $2,800,000 toward the project cost. However, staff has estimated the total project cost to be $6,162,500, thereby making the local contribution $3,412,500. In order to fund the contribution and in accordance with Article IV, Chapter 58 of the City of Coral Gables Code of Ordinances, the City Commission is authorized to use special assessments to allocate the local contribution to those properties benefitting from the improvements. In addition, the grant dictates an aggressive project completion date of 03/31/2024 that will require the City to immediately move forward with the design and construction of the project. The immediacy of the start date will require Commission approval to “front” the funds to be collected by the assessment until such time that the assessment is implemented. A budget amendment is required to recognize the grant as revenue and to appropriate such funds to put toward the Septic-to-Sewer project cost.”

Click here to see staff’s presentation.

The City has a $2.75 million grant from the State of Florida to cover part of the project. The remainder will be paid by the approximately 150 properties in the area. The City will take out a loan, which will bring the cost to about $22,750 per property. There will be two repayment options at 5 years for $4,800 annually and 10 years for $2,700 annually. Property owners will also be responsible for the cost of connecting to the lines at a cost of about $5,000 to $15,000 per property. The Commission voiced its concern over the cost this would pass on to residents in this area. The largest issue is the time constraint by the state on use of the grant money. This requires work to begin immediately. A representative from Miami-Dade County Commissioner Raquel Regalado’s office addressed the Commission, asking that the Commission defer the issue in order for their office to help seek additional funds.

Commissioner Rhonda Anderson made a motion to ask staff to take a deep dive into the financials and finding ways to lower the cost to residents. Commissioner Jorge L. Fors, Jr. and Vice Mayor Michael Mena both voiced their opposition to this option, since residents of the area have said they are against the project. Their concern is that unless staff finds a 100% funding for the process, staff would be spinning its wheels without a potential resolution. Anderson’s resolution died for lack of a second.

The item was deferred in order to take a vote on F-5, F-6, F-7, F-8 and F-9.

Mena then made a motion to reject the grants and vote down the project.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded

I-4: A Resolution of the City Commission authorizing the renewal of the Property and Casualty Insurance Program which includes, but is not limited to, property, general liability, automobile liability, public officials errors and omissions, excess workers’ compensation, crime liability, cyber liability, terrorism property and liability, pollution liability, deadly weapon protection coverage, flood, as well as other ancillary lines of insurance coverage and insurance broker fees through Arthur J. Gallagher Risk Management Services, Inc., for a not to exceed amount of $3,046,176 for the policy period of May 1, 2022 to May 1, 2023. (Funding Source: Insurance Fund). Lobbyist: N/A.

Click here to see staff’s memo.

The Mayor asked staff to continue to work to reduce the rates going forward.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Absent		Seconded	Motioned

City Attorney Items

J-1: A Resolution of the City Commission approving a Settlement Agreement and Release between the City of Coral Gables and Coral Grand, LLC and Coral Gables Athletic Club, LP. Lobbyist: N/A.

“On April 12, 2022 in order to protect the historical Country Club, obtain information needed to conduct and complete its audit, and determine what additional percentage rent may be owed to the City by the tenant, Coral Grand, LLC, the City filed a lawsuit in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida against Coral Grand, LLC (“Coral Grand” or “Tenant”) and Coral Gables Athletic Club, LP (“Athletic Club”) (the “Litigation”) with Case No. 2022-006722-CA-01 (21), and sought the ex parte appointment of a receiver to operate Tenant through the Extended Operating Period (the “Receivership”). On April 14, 2022, Coral Grand and Athletic Club filed an Emergency Motion to Dissolve the Receivership, which motion was scheduled for an evidentiary hearing on Thursday, April 21, 2022 at 1:00 p.m. (the “Evidentiary Hearing”). The proposed Settlement Agreement and Release would fully, completely, and finally amicably settle and resolve all claims and disputes between the parties arising out
of or relating to the Lease, a prior June 2021 Settlement Agreement, Litigation, Receivership, and all claims that could have been brought by the City in connection with the Lease, including, but not limited to, underreported Gross Revenues and underpaid Percentage Rent, as well as any potential counterclaims that Coral Grand and Athletic Club could have raised or brought against City in connection with the Lease, the June 2021 Settlement Agreement, Litigation and Receivership (collectively, the “Claims”). The following are the key terms in the proposed Settlement Agreement and Release: 1) The Receiver stays in place through April 30, 2022, and Coral Grand continues to satisfy all Lease and June 2021 Settlement agreement obligations through April 30, 2022, including continuous operation of the fitness center
and fulfillment of all events. 2) The City takes possession of the Country Club and Coral Grand conveys
Personal Property (as defined) to the City in exchange for the purchase price of $295,000 to Coral Grand, on May 2, 2022, at 10:00 AM. 3) Coral Grand and the Coral Gables Athletic Club transfer retail beverage,
permanent food service, and gym operation licenses to the City effective May 2, 2022. 4) The evidentiary hearing scheduled for April 21, 2022 on Defendants’ Emergency Motion to Dissolve Ex Parte Temporary Injunction Appointing Receiver was cancelled. 5) If the City Commission approves the Settlement Agreement on April 26, 2022, the emergency motion to dissolve shall be moot and the appeal shall be dismissed. 6) The Coral Gables Athletic Club will not exercise any purchase options over the fitness center equipment or take any action that would result in the removal of the equipment. 7) Mutual releases effective upon satisfaction by Coral Grand and Coral Gables Athletic Club of all obligations.” Click here to see the settlement agreement.

Click here to read corresponding story.

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
			Seconded	Motioned

City Clerk Items

K-1: A Resolution of the City Commission creating a special assessment district to be known as the Business Improvement District (“BID”) of Coral Gables, for a period of five years, subject to approval by a majority of the affected property owners; providing for electronic voting as the method for ascertaining whether a majority of the affected property owners approve continued existence of the bid; providing for levy of special assessments thereof; providing for location, nature and estimated cost of services to be provided; providing for an expansion of duties and responsibilities; providing details of assessment procedure; and providing for publication of legal notice.

“Chapter 170 of the Florida Statutes provides that a municipality in Miami-Dade County may levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail business districts through promotion, management, marketing, and other similar services in such districts of the municipality. The BID has been in place since its creation on April 15, 1997, by Resolution No. 29246, and was reaffirmed by Resolution on May 14, 2002, May 22, 2007, May 22, 2012 and June 13, 2017 for subsequent periods of five (5) years each. The BID concept is based on a partnership between the City of Coral Gables (the “City”), the property owners, merchants, businesses and organizations such as the Chamber of Commerce, with funding to be generated by a special assessment to be levied on property owners within the district in a specified geographic area, and with property owners agreeing to assess themselves to pay for supplemental services which are to be determined by said property owners. In the absence of a specific voting method to ascertain whether the majority of the affected property owners within the Coral Gables BID favor re-establishment of the BID, that the City Clerk, as Supervisor of Elections has opted for either electronic or mail-in voting as appropriate methods to determine same. The boundaries of the proposed Coral Gables BID include only those properties and uses subject to real estate taxes excluding residential property and churches, and further excluding City-owned municipal use property (with the exception of for-profit tenants leasing space in City facilities: All lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided, which include all of the
commercial properties on Miracle Mile, from Douglas Road to Le Jeune Road; on both side of the street on Giralda Avenue, Aragon Avenue and Andalusia Avenue from Douglas Road to Le Jeune Road and all adjacent north-south streets such as Salzedo, Ponce de Leon Blvd. and Galiano. That assessments shall be payable to the Finance Director of the City on such date as shall be contained in a bill to be mailed to each property owner within the BID at least thirty (30) days prior to the due date, and within thirty (30) days following the confirmation by the Commission of the Final Assessment Roll; installments not paid when due shall become due and payable in accordance with statutory provisions and other applicable law.”

Mayor Vince Lago	Vice Mayor Michael Mena	Commissioner Jorge L. Fors, Jr.	Commissioner Rhonda Anderson	Commissioner Kirk R. Menendez
	Motioned			Seconded