City Commission

City of Coral Gables 405 Biltmore Way Coral Gables, Fl 33134 www.coralgables.com Meeting Minutes Tuesday, March 26, 2013 9:00 AM REVISED AGENDA - ADDITIONAL ITEM F.-1. City Hall, Commission Chambers City Commission Mayor Jim Cason Vice Mayor William H. Kerdyk, Jr. Commissioner Maria Anderson Commissioner Rafael "Ralph" Cabrera, Jr. Commissioner Frank C. Quesada Patrick G. Salerno, City Manager Craig E. Leen, City Attorney Walter J. Foeman, City Clerk City Commission Meeting Minutes March 26, 2013 ROLL CALL Present: 5 - Mayor Cason, Commissioner Anderson, Commissioner Cabrera Jr., Vice Mayor Kerdyk Jr. and Commissioner Quesada INVOCATION [Note for the Record: Mayor Cason prefaced his remarks by recognizing Matt Wolford, Director and Chaplain, University of Miami Baptist Collegiate Ministry at the University of Miami, adding that he is in his fifth year at UM, he is a graduate of Williams Baptist College in Walnut Ridge Arkansas with a degree in Christian Ministry]. LEGISLATIVE SUMMARY The following minutes summary includes all presentations made, and actions taken which information is supplemented by the following exhibits on file in the Office of the City Clerk, and which are by reference made a part of the record herein: (a) Ordinance(s) adopted (Ordinance No. 2013-05 and Ordinance No. 2013-06); (b) Resolution(s) adopted (Resolution No. 2013-39 through Resolution No. 2013-48); (c) Video; (d) Audio Recording; (e) Minutes Folder with Agenda and background information, including items which were submitted at the meeting. PLEDGE OF ALLEGIANCE Commissioner Frank C. Quesada led the Pledge of Allegiance. City of Coral Gables Page 1 City Commission Meeting Minutes March 26, 2013 A. PRESENTATIONS AND PROCLAMATIONS A.-1. 13-2262 Presentation of a Proclamation declaring April 2013 as Paralyzed Veterans of America Awareness Month in Coral Gables. [Note for the Record: Mayor Cason informed the viewing audience that the first agenda item was a proclamation declaring April 2013 as “Paralyzed Veterans of America Awareness Month,” whereby he reads said proclamation into the public record]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 1 A.-2. 13-2259 Presentation of a Proclamation declaring the week of April 7-13, 2013, as National Public Safety Telecommunications Week in Coral Gables. Attachments: COMMISSION COVER MEMO - PROCLAMATION 2012.pdf Proclamation Verbage.pdf [Note for the Record: Mayor Cason read the title to Agenda Item A-2 into the public record-declaring the week of April 7th through April 13th into the public record as “National Public Safety Telecommunications Week” in Coral Gables, whereby he read said proclamation into the public record. Immediately following the reading of the proclamation, there was a photo taking moment with the Police Chief, Fire Chief and Nicole Puig, Telecommunications Operator of the Year]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 2 City of Coral Gables Page 2 City Commission Meeting Minutes March 26, 2013 A.-3. 13-2266 Presentation of a Proclamation Congratulating Chef Giorgio Rapicavoli for his 2013 James Beard Foundation Award Nomination. [Note for the Record: Mayor Cason acknowledged the presence of Chef Giorgio Rapicavoli (i.e. hereinafter referred to as Giorgio) for his 2013 James Beard Foundation Award Nomination. Commissioner Quesada in making the presentation pointed out to those members of the viewing public whom were unaware that the James Beard Foundation Award is the culinary equivalent to the Oscars; further stating that there have been very few nominees from South Florida since the inception of the Award in 1985, also pointing out that South Florida has had very few winners. Commissioner Quesada also pointed out that since Giorgio is only 27 years old and having just being nominated for such a prestigious honor, that being young, he has a very bright future, adding that he and his colleagues are very excited about having him in our City. Following the brief comments made, he read the proclamation into the public record in connection with his James Beard Foundation Award Nomination. Mark Trowbridge, President of the Coral Gables Chamber of Commerce thanked the City Commission in recognizing not only young talent in our community, but also in recognizing the talent harnessed in many of our businesses here in our City; adding that not many know of the Eating House, which began as a pop-up in our City and now exists permanently; further citing other tidbits of information found in the protocol document being presented to Giorgio- that he began his business venture in his mother’s kitchen, that he once rode an elephant, more particularly recognizing him as a culinary genius, not afraid to experiment in the kitchen, and that his Captain Crunch pancakes are unique; further thanking Giorgio for his great contributions to our community, wishing him much continued success in his business endeavors. In acknowledging this accolade, Giorgio mentioned that Coral Gables has been good to him-noting that he started out sharing a space with another restaurant, and at the end of the day that he is glad to be located in Coral Gables, that he is proud to be here and that he hopes to be in Coral Gables forever]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 17 City of Coral Gables Page 3 City Commission Meeting Minutes March 26, 2013 B. APPROVAL OF MINUTES B.-1. 13-2270 Regular City Commission Meeting of March 12, 2013. Attachments: Meeting Minutes Verbatim Transcript - Agenda Item E-1 - Ordinance amending chapter 105 Buildings and Building Verbatim Transcript - Agenda Item E-2 - Ordinance prohibiting squatters in Coral Gables Verbatim Transcript - Agenda Item E-3 - Ordinance providing for various text amendments to Zon A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Quesada, that this matter be approved. The motion passed by the following vote. Yeas : 5- Commissioner Anderson, Commissioner Cabrera, Jr., Vice Mayor Kerdyk, Jr., Commissioner Quesada and Mayor Cason City Clerk Item No. 3 City of Coral Gables Page 4 City Commission Meeting Minutes March 26, 2013 C. CONSENT AGENDA All items listed within this section entitled "Consent Agenda" are considered to be self-explanatory and are not expected to require additional review or discussion, unless a member of the City Commission or a citizen so requests, in which case, the item will be removed from the Consent Agenda and considered along with the regular order of business. Hearing no objections to the items listed under the "Consent Agenda", a vote on the adoption of the Consent Agenda will be taken. Passed the Consent Agenda A motion was made by Commissioner Cabrera, Jr., seconded by Vice Mayor Kerdyk, Jr., to Adopt the Consent Agenda. The motion carried by the following vote: Yeas : 5- Commissioner Cabrera, Jr., Vice Mayor Kerdyk, Jr., Commissioner Quesada, Commissioner Anderson and Mayor Cason RESOLUTION NO. 2013-39 C.-1. 13-2250 Resolution granting a one-day permit to The Globe Cafe to sell alcoholic beverages from 5:00 p.m. until midnight on Friday, May 17, 2013, on the 300 Block of Alhambra Circle, as part of the annual Cubalibre Block Party to benefit Miami’s Regis House, subject to Florida Department of Professional Regulation requirements. Attachments: Resolution for Cubalibre Special Events Application & Permit C-1 Signed Cover Memo Signed Resolution 2013-39 RESOLUTION GRANTING A ONE-DAY PERMIT TO THE GLOBE CAFÉ TO SELL ALCOHOLIC BEVERAGES FROM 5:00 P.M. UNTIL MIDNIGHT ON FRIDAY, MAY 17, 2013, ON THE 300 BLOCK OF ALHAMBRA CIRCLE, AS PART OF THE ANNUAL CUBALIBRE BLOCK PARTY TO BENEFIT MIAMI’S REGIS HOUSE, SUBJECT TO FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION REQUIREMENTS. This Matter was adopted by Resolution Number 2013-39 on the Consent Agenda. City Clerk Item No. 4 City of Coral Gables Page 5 City Commission Meeting Minutes March 26, 2013 RESOLUTION NO. 2013-40 C.-2. 13-2254 Resolution authorizing Satchmo Blues and Bar Grill, Inc. to sell alcoholic beverages from noon until midnight at the Plaza located at 60 Merrick Way on Friday, May 17, 2013; from noon until midnight on Saturday, May 18, 2013; and from noon until 8:00 p.m. on Sunday, May 19, 2013, during the 10th Annual Rib and Beer Fest event to benefit Charlee Homes for Children, subject to Florida Department of Professional Regulation requirements. Attachments: Special Events Application & Permit Satchmo Resolution C-2 Signed Cover Memo Signed Resolution 2013-40 RESOLUTION AUTHORIZING SATCHMO BLUES BAR AND GRILL, INC. TO SELL ALCOHOLIC BEVERAGES FROM NOON UNTIL MIDNIGHT AT THE PLAZA LOCATED AT 60 MERRICK WAY ON FRIDAY, MAY 17, 2013, FROM NOON UNTIL MIDNIGHT ON SATURDAY, MAY 18, 2013, AND FROM NOON UNTIL 8:00 P.M. ON SUNDAY, MAY 19, 2013, DURING THE 10TH ANNUAL RIB AND BEER FEST EVENT TO BENEFIT CHARLEE HOMES FOR CHILDREN, SUBJECT TO FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION REQUIREMENTS. This Matter was adopted by Resolution Number 2013-40 on the Consent Agenda. City Clerk Item No. 5 RESOLUTION NO. 2013-41 C.-3. 13-2261 Resolution authorizing the City Manager and the Acting Chief of Police to execute a Voluntary Cooperation Mutual Aid Agreement between the City of Coral Gables, the participating agencies, and the Florida Department of Law Enforcement (“FDLE”) to form a Miami Regional Operations Center Child Abduction Response Team (“CART”). Attachments: MUTUAL AID - CHILDREN ABDUCTION.pdf RESOLUTION- Child Abduction Response Team.pdf C-3 Signed Cover Memo Signed Resolution 2013-41 RESOLUTION AUTHORIZING THE CITY MANAGER AND THE ACTING CHIEF OF POLICE TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN THE CITY OF CORAL GABLES, THE PARTICIPATING AGENCIES, AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO FORM A MIAMI REGIONAL OPERATIONS CENTER CHILD ABDUCTION RESPONSE TEAM. This Matter was adopted by Resolution Number 2013-41 on the Consent Agenda. City Clerk Item No. 6 City of Coral Gables Page 6 City Commission Meeting Minutes March 26, 2013 RESOLUTION NO. 2013-42 C.-4. 13-2263 Resolution authorizing the execution of an agreement for gravity sewer connection for property located outside the City at 3880 Bird Road, Miami, Florida to the City of Coral Gables wastewater collection/ transmission system, subject to the requirements of the Public Works Department as provided under Chapter 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. Attachments: Coral Gables Code Sect 78-106 Letter of Request C-4 Signed Cover Memo 3880 Bird Resolution Signed Resolution 2013-42 This Matter was adopted by Resolution Number 2013-42 on the Consent Agenda. City Clerk Item No. 7 RESOLUTION NO. 2013-43 C.-5. 13-2267 Resolution amending the Fiscal Year 2012-2013 Annual Budget to appropriate General Fund Reserves to put toward the cost of improvements to 3501 Granada Boulevard. Attachments: Commission Cover 3 26 13 (3501 Granada Appropriation) Resolution - 3 26 13 (3501 Granada) (3) C-5 Signed Cover Memo Signed Resolution 2013-43 RESOLUTION AMENDING THE FISCAL YEAR 2012-2013 ANNUAL BUDGET TO APPROPRIATE GENERAL FUND RESERVES TO PUT TOWARD THE COST OF IMPROVEMENTS TO 3501 GRANADA BOULEVARD. This Matter was adopted by Resolution Number 2013-43 on the Consent Agenda. City Clerk Item No. 8 City of Coral Gables Page 7 City Commission Meeting Minutes March 26, 2013 RESOLUTION NO. 2013-44 C.-6. 13-2265 Resolution accepting the recommendation of the Chief Procurement Officer pursuant to Section 2-828 of the Procurement Code entitled “Contract Award” and Invitation for Bid (IFB) 2013.02.07 to award the Cocoplum Road Intersection Improvements Project to Maggolc, Inc. Attachments: Resolution Recommendation Bid Response - Maggolc Inc Tabulation Sheet C-6 Signed Cover Memo Signed Resolution 2013-44 RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF PROCUREMENT OFFICER PURSUANT TO SECTION 2-828 OF THE PROCUREMENT CODE ENTITLED “CONTRACT AWARD” AND INVITATION FOR BID (IFB) 2013.02.07 TO AWARD THE COCOPLUM ROAD INTERSECTION IMPROVEMENTS TO MAGGOLC, INC. This Matter was adopted by Resolution Number 2013-44 on the Consent Agenda. City Clerk Item No. 9 RESOLUTION NO. 2013-45 C.-7. 13-2264 Resolution accepting the recommendation of the Chief Procurement Officer pursuant to Section 2-828 of the Procurement Code entitled “Contract Award” and Invitation for Bid (IFB) 2013.01.31 to award the Re-Roofing of 280 and 286 Miracle Mile Buildings to A-l Duran Roofing, Inc. Attachments: Bid Response - A1-Duran Roofing Tabulation Recommendation Resolution C-7 Signed Cover Memo Signed Resolution 2013-45 RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF PROCUREMENT OFFICER PURSUANT TO SECTION 2-828 OF THE PROCUREMENT CODE ENTITLED “CONTRACT AWARD” AND INVITATION FOR BID (IFB) 2013.01.31 TO AWARD THE RE-ROOFING OF 280 AND 286 MIRACLE MILE BUILDINGS TO A-1 DURAN ROOFING, INC. This Matter was adopted by Resolution Number 2013-45 on the Consent Agenda. City Clerk Item No. 10 City of Coral Gables Page 8 City Commission Meeting Minutes March 26, 2013 RESOLUTION NO. 2013-46 C.-8. 13-2269 Resolution accepting the recommendation of the Chief Procurement Officer pursuant to Section 2-828 of the Procurement Code entitled “Contract Award” and Invitation for Bid (IFB) 2013.01.14 to award the Casa Sur Remodeling Project to Lee Construction Group , Inc. Attachments: Recommendation Bid Tabulation Bid Response Cover Memo Resolution C-8 Signed Cover Memo Signed Resolution 2013-46 RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF PROCUREMENT OFFICER PURSUANT TO SECTION 2-828 OF THE PROCUREMENT CODE ENTITLED “CONTRACT AWARD” AND INVITATION FOR BID (IFB) 2013.01.14 TO AWARD THE CASA SUR REMODELING PROJECT TO LEE CONSTRUCTION GROUP, INC. This Matter was adopted by Resolution Number 2013-46 on the Consent Agenda. City Clerk Item No. 11 Presentation of Boards and/or Committees minutes requesting no action from the City Commission: C.-9. 13-2243 Traffic Advisory Board Meeting of January 15, 2013 Attachments: TAB 1-15-13 MINUTES Traffic Advisory Board meeting 1-15-13 COVER This Matter was approved on the Consent Agenda. City Clerk Item No. 12 C.-10. 13-2251 Board of Adjustment Meeting of March 4, 2013 Attachments: Public Notice March 4, 2013 BOARD OF ADJUSTMENT RECAP 03-04-2013 BA Summary March 4, 2013 Cover Memo - City Commission Meeting 03-26-13 This Matter was approved on the Consent Agenda. City Clerk Item No. 13 City of Coral Gables Page 9 City Commission Meeting Minutes March 26, 2013 C.-11. 13-2253 Parks and Recreation Advisory Board Meeting of February 22, 2013 Attachments: Cover Sheet.Minutes 2-22-13 Minutes 02-22-13 draft This Matter was approved on the Consent Agenda. City Clerk Item No. 14 C.-12. 13-2260 Retirement Board Meeting of February 14, 2013 Attachments: CC.03-26-2013.February 14, 2013 Minutes.2-14-2013 Executive Summary.02-14-2013 This Matter was approved on the Consent Agenda. City Clerk Item No. 15 City of Coral Gables Page 10 City Commission Meeting Minutes March 26, 2013 D. PERSONAL APPEARANCES D.-1. 13-2271 Appearance by the Gables By The Sea Homeowners Association, presenting the "Outstanding Community Service Award" to City Manager Pat Salerno. [Note for the Record: Mrs. Nancy Sanabria (944 San Pedro Avenue) stated for the public record that said presentation was being made on behalf of the Coral Gables-by-the-Sea Homeowners Association, which represents over 1,000 residents; further acknowledging those members of her homeowners association that were present, namely Helen Sonenreich, Vice President; Donna Cooper, who handles traffic safety issues, along with Gonzalo Sanabria, who serves as the City liaison; further stating that it is with sincere gratitude that she presents this award for outstanding community service to City Manager Pat Salerno, adding that Mr. Salerno has listened to her community in furtherance of making it a safer and more beautiful place. Mrs. Sanabria then requested of her husband Gonzalo Sanabria to make the presentation. In doing so, Mr. Sanabria requested of the City Manager to come forward and read that the Coral Gables-by-the Sea Homeowners Association awards City Manager Pat Salerno the Outstanding Community Service Award by a unanimous vote of its Board of Directors, and hereby names Mr. Salerno as its award recipient in recognition of excellence, open access, responsiveness and sense of community duties, that make Coral Gables such a special place to live. In accepting this accolade City Manager Salerno thanked the Coral Gables-by-the Sea Homeowners Association, pointing out that he would be remiss if he did not state that one-half of said award recognition goes to his wife of 31 years whom he loves and has been so supportive of him, his profession and to the City; further stating that he was truly grateful, and that after 35 years of public service and having received numerous awards, that nothing means more to him than receipt of recognition from the homeowners and residents of this community and other communities]. This Agenda Item was Discussed and Filed City Clerk Item No. 16 City of Coral Gables Page 11 City Commission Meeting Minutes March 26, 2013 E. PUBLIC HEARINGS Anyone who wishes to address the City Commission on an item to be considered for public hearing must fill out a Speaker Card and turn it in to the City Clerk. Speaker Cards can be obtained on the credenza located outside the Office of the Mayor, during the day of the City Commission Meeting. APPEAL E.-1. 13-2249 Board of Adjustment Appeal - Application No. BA 12-11-0683 (1 Alhambra Plaza) Gibraltar Private Bank & Trust, applicant, has filed an appeal to the Coral Gables City Commission, from a decision of the Board of Adjustment at its regular meeting of Monday, January 7, 2013, wherein it denied a variance request as outlined under the applicant’s proposal. Attachments: Exhibit A - Proposed Gibraltar Bank Signs 03 19 13 Exhibit B - Sign Images 03 21 13 Exhibit C - Gibraltar Private Traffic Statement - Proposed Configuration Exhibit D - Notice of Public Hearing on Variance before Bd of Adj. Exhibit E - Legal Ad - Notice of Appeal before CC Exhibit F - Appeal Application from Bd of Adj Exhibit G - 01 17 13 Transcript of Board of Adjustment Meeting Minutes Exhibit H - Minutes Recap of the 01 07 13 Hearing of the Bd of Adj. Exhibit I - 01 07 13 Letter informing applicant of Board's decision Exhibit J - Packet submitted to Bd of Adjustment (including Staff Report, Plans, etc.) Exhibit K - 03 01 13 Traffic Statement by David Plummer & Associates 03 26 13 CC Cover Memo re Appeal - Gibraltar Private Bank E-1 Signed Cover Memo Verbatim Transcript - Agenda Item E-1 - Appeal - Gibraltar Private Bank and Trust filed an appeal RESOLUTION OF THE CITY COMMISSION UPHOLDING THE APPEAL FILED BY MARI ISASI-DIAZ, REPRESENTING GIBRALTAR PRIVATE BANK & TRUST, THE APPLICANT, APPLICATION NO. BA 12-11-0683, THEREBY OVERRIDING THE DECISION OF THE BOARD OF ADJUSTMENT (”BOARD”), PURSUANT TO SECTION 5-1905 (A) OF THE CORAL GABLES ZONING CODE WHICH REGULATES THE TYPE AND LOCATION OF SIGNS, IN CONNECTION WITH INSTALLATION OF TWO DETACHED SIGNS ON PROPERTY LOCATED AT 1 ALHAMBRA PLAZA. [Note for the Record: The verbatim transcript for Agenda Item E-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Cabrera, Jr., seconded by Commissioner Anderson, that this matter be Granted by Resolution Number 2013-47. The motion passed by the following vote. Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Quesada, Commissioner Anderson, Commissioner Cabrera, Jr. and Mayor Cason City Clerk Item No. 18 City of Coral Gables Page 12 City Commission Meeting Minutes March 26, 2013 ORDINANCES ON SECOND READING ORDINANCE NO. 2013-05 E.-2. 13-2248 An Ordinance of the City Commission of Coral Gables creating Section 34-2 through 34-10 of the City Code expressly prohibiting squatting in Coral Gables and establishing remedies for addressing squatters, and providing for severability, repealer, codification, and an effective date. (Passed on First Reading March 12, 2013) Attachments: Squatters Ordinance First Reading E-2 Signed Cover Memo 3-12-13 E-2 Signed Cover Memo 3-26-13 Squatters Ordinance Second Reading Signed Ordinance 2013-05 Verbatim Transcript 3/26/13 - Agenda Item E-2 - Ordinance prohibitying squatting Verbatim Transcript 3/12/13 - Agenda Item E-2 - Ordinance prohibiting squatters in Coral Gables [Note for the Record: The verbatim transcript for Agenda Item E-2 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Anderson, seconded by Commissioner Quesada, that this matter be adopted by Ordinance Number 2013-05. The motion passed by the following vote. Yeas : 5- Commissioner Quesada, Commissioner Anderson, Commissioner Cabrera, Jr., Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 19 ORDINANCE NO. 2013-06 E.-3. 13-2240 An Ordinance of the City Commission of Coral Gables, Florida providing for various text amendments to the City of Coral Gables Official Zoning Code, adopted via Ordinance No . 2007-01 as follows: 1. Article 3, Division 9, Section 3-901 - 905, Article 4, Division 1, Section 4-101 - 103 and Appendix A, A-1, clarification of lot and building facing requirements; 2. Article 3, Division 2, Section 3-207, removal of the $500.00 dollar building permit threshold for issuance of a building permit; 3. Article 3, Division 11, Section 3-1107, revision to the appeal provisions for determination of historic significance and eligibility of a property for designation as a local historic landmark and clarification of city application and review requirements; 4. Article 3, Division 11, Section 3-1115, requires claims of undue economic hardship to be considered only in conjunction with applications for Historic Preservation Special Certificate of Appropriateness and clarifies the city application and review requirements ; 5. Article 3, Division 11, Section 3-1113, minor editorial changes to variance provisions considered by the Historic Preservation Board; 6. Article 4, Division 1, Section 4-103, reduction of the Multi-Family 2 (MF2) Zoning District setback requirements to accommodate surface parking and parking garages; 7. Article 4, Division 1, Section 4-101, exclusion of basement as a part of the calculation of total gross floor area of a single-family residence; 8. Article 4, Division 2, Section 4-201, clarification of the maximum allowable height of mixed use buildings within a Mixed Use Overlay District (MXOD) and clarification of the review process; City of Coral Gables Page 13 City Commission Meeting Minutes March 26, 2013 9. Article 5, Division 5, Section 5-502, necessitating historic landmark designation to qualify as a Coral Gables Cottage; 10. Article 5, Division 5, Section 5-503 and Division 14, Section 5-1409, removal of the provisions that allow for a “breezeway” to count towards satisfying the minimum residential parking requirements; 11. Article 5, Division 11, Section 5-1105, clarification of landscaped open space requirements with reference to landscape materials; 12. Article 5, Division 14, Section 5-1402, provides for minimum dimensions for porte-cocheres and clarifies the minimum interior clearance requirements for garages; 13. Article 5, Division 24, Section 5-2403, clarification of the permitted height for column caps and architectural features in connection with a fence; 14. Article 5, Division 28, Section 5-2801, removal of provisions that classify generators as an auxiliary or accessory use; 15. Article 5, Division 1, Sections 5-101, 5-120, 5-121 and 5-122, clarification of the installation of fountains, planters and flagpoles on properties; 16. Article 4, Division 1 thru 3, Sections 4-101 thru 4-104, 4-201, 4-204 and 4-301 thru 4- 303, clarification and reorganization of accessory uses and creation of a new Zoning Code Accessory Use Category Table; 17. Article 4, Beginning of Article 4, update of the Zoning Code Use Category Table; 18. Article 8, Definitions, revised definitions; and, providing for severability, repealer, codification and an effective date. (Passed on First Reading March 12, 2013) Attachments: 03 12 13 Exhibit A Draft Ordinance 1st Reading 03 12 13 Exhibit B Zoning Code Text Amendments (cover, chart and marked up amendments) 03 12 13 Exhibit C 01 09 13 PZB Staff Report 03 12 13 Exhibit D 01 09 13 Excerpts of PZB Meeting Minutes E-3 Signed Cover Memo 3-12-13 03 26 13 Exhibit A - 2nd Reading Ordinance 03 26 13 Exhibit B - Eighteen (18) ZC Text Amendment (clean version) 03 26 13 Exhibit C - Eighteen (18) ZC Text Amendments (in underline strikout format) E-3 Signed Cover Memo 3-26-13 Signed Ordinance 2013-06 Verbatim Transcript 3/26/13 - Agenda Item E-3 - Ordinance providing for text amendments to offic Verbatim Transcript 3/12/13 - Agenda Item E-3 - Ordinance providing for various text amendment A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Ordinance Number 2013-06. The motion passed by the following vote. Yeas : 5- Commissioner Anderson, Commissioner Cabrera, Jr., Vice Mayor Kerdyk, Jr., Commissioner Quesada and Mayor Cason City Clerk Item No. 20 City of Coral Gables Page 14 City Commission Meeting Minutes March 26, 2013 F. CITY COMMISSION ITEMS F.-1. 13-2273 2001-2013 Commissioner Maria Anderson Attachments: Verbatim Transcript - Agenda Item F-1 - 2001-2013 Commissioner Anderson [Note for the Record: The verbatim transcript for Agenda Item F-1 is available for public inspection in the Office of the City Clerk and in Legistar]. This Agenda Item was Discussed and Filed City Clerk Item No. 21 G. BOARDS/COMMITTEES ITEMS None City Clerk Item No. 22 H. CITY MANAGER ITEMS RESOLUTION NO. 2013-48 H.-1. 13-2272 Resolution accepting the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2012 by McGladrey, LLP, Certified Public Accountants. Attachments: Resolution Accepting CAFR 2012 FY 2012 Coral Gables CAFR with Compliance FY 2012 SAS 114 letter - Coral Gables H-1 Signed Cover Memo Signed Resolution 2013-48 Verbatim Transcript - Agenda Item H-1 - Resolution accepting Comprehensive Annual Financial R RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2012 BY MCGLADREY, LLP, CERTIFIED PUBLIC ACCOUNTANTS. [Note for the Record: The verbatim transcript for Agenda Item H-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Quesada, that this matter be adopted by Resolution Number 2013-48. The motion passed by the following vote. Yeas : 5- Commissioner Cabrera, Jr., Vice Mayor Kerdyk, Jr., Commissioner Quesada, Commissioner Anderson and Mayor Cason City Clerk Item No. 23 City of Coral Gables Page 15 City Commission Meeting Minutes March 26, 2013 I. CITY ATTORNEY ITEMS None City Clerk Item No. 24 J. CITY CLERK ITEMS None City Clerk Item No. 25 K. DISCUSSION ITEMS Mayor Cason: Commissioner Anderson. Commissioner Anderson: No, I’m done. Mayor Cason: Commissioner Cabrera. Commissioner Cabrera: A couple of things. I learned of this recently and it didn’t occur to me, but I would hope that staff would take serious the notes on this matter. When you are driving eastbound on Coral Way and you reach the roundabout at Biltmore Way, what’s been happening more and more is that in the evening drivers who don’t know the area and are not familiar with it are going around the roundabout and then all of a sudden because they are unfamiliar with the area get right back on Coral Way. The problem with that is Coral Way is a one-way at that section, very, very dangerous. I have not seen it once, twice, but I’ve now seen it three times and it finally occurred to me that the reason this is happening is because they don’t know that, that becomes a one-way. So, I don’t know what we can do with Miami-Dade County Public Works to get some kind of lighted wayward signage so people are well aware of the fact that they are going in the wrong direction because that is a serious, serious life safety issue; and what I’m speaking of is as they make that turn and the church is on the right, First United Methodist Church, and they are lost all of a sudden they get right back on their…? and they are going against traffic, so I would hope that staff would seriously consider making some serious improvements to that area. Also, I wanted to share with the group this morning that we did get an e-mail from a Coral Gables resident, I’d like to share it with all of us because it was sent to all of us, but Mr. Vega who lives at 1818 Granada Boulevard, he has given us his phone numbers. He obviously is frustrated, he has taken it upon himself to write not only the five of us, but include the Public Works Director and the Public Service Director as well as the City of Coral Gables Page 16 City Commission Meeting Minutes March 26, 2013 City Manager, and I would hope that we would respond to this gentleman’s request for help. He’s obviously exceedingly frustrated, he’s provided pictures, I’m not going to bore the group with the detailed pictures, but it all has to do with sidewalk damage and that’s what we are all about, we are all about quality of life here, we are not about numbers. We are about serving the people that either put us in office or didn’t put us in office. They are still our stakeholders, they are still our clients; and I did let Mr. Vega know that I would be bringing this matter up this morning, so Mr. Vega if you are watching all of us know about it. I’m certainly hopeful that the City’s administration, professional administration will take your matter seriously and respond to you appropriately. That’s all I can really hope for; and on that note I would also like us all to be aware of the fact that Mr. Charles George of Santa Maria Street, I’m not going to tell you the subject matter, because I’m not going to politicize the discussion, but to tell you that Mr. George who has been a long, long time Coral Gables resident and an accomplished attorney lives on perhaps the prettiest street in our City, Santa Maria, that was always my dream one day to own a house there, I don’t think its going to happen, and that’s OK, but Mr. George wrote a very compelling message to all of us about a concern he and his neighbors have in that area, and I certainly hope that staff and our Acting Chief of Police and other members of law enforcement will take heed to his comments. I didn’t plant him, I didn’t ask him to send you that message, in fact I’ve never really met Mr. George, I just call him, I called him this week when I read his message and thanked him for taking the time to write such a compelling message to all of us, and I hope you won’t turn in another direction, I hope we won’t hide from this issue, and I hope that Mr. George gets the attention he deserves. Vice Mayor Kerdyk: He is a good man too. Commissioner Cabrera: You know him Bill? Vice Mayor Kerdyk: He actually won the newsrack ordinance for the City of Coral Gables, the famous news rack ordinance - great guy. Commissioner Cabrera: Great gentleman - and you know wrote a compelling message to all of us, and I obviously don’t want to go without mentioning that. This is my last meeting as a Commission in Seat 2, and its been a great ride, 12 years. I have learned so much, people have poked fun of me for saying the following and this comes from Ray Crock, when you are green you are growing, when you are ripe you are beginning to rot; and as many of you know Mr. Crock was the founder of McDonalds Corporation, a very, very successful visionary and business leader; and really what City of Coral Gables Page 17 City Commission Meeting Minutes March 26, 2013 that’s about is each and every time that I’ve been here with you every other week, I have learned something new. Each and every time that I’ve had a resident reach out to me with a question or a problem or an inquiry, I have learned something new, and this job doesn’t come with a manual or a playbook, so we all know that the minute that we become elected officials we need to be responsive, we need to be sensitive, we need to understand that we work for the people that got us up here, and even those that didn’t because those that didn’t vote for us we should try to always, always earn their trust. It’s not something that you can simply say out there, you have to earn it each and every day and we have certainly tried to do that. I also wanted to take this opportunity to thank the employees of the City of Coral Gables, I mean we’ve had some great times together, some not so great times together, as Commissioner Anderson pointed out, those impasse hearings were difficult for all of us, but we survived them and we made a better City out of them; and for the directors, I know I’ve been tough on you at times, but I tell you, we’ve got some of the best directors here in the City of Coral Gables, we’ve got some new ones that unfortunately I don’t know because I’ve never been introduced to them, but for the old ones, the ones that have been here a long time keep your heads up high, keep slugging away do the right thing at the end of the day that’s all you can do, the right thing and feel good about yourselves, always trying to do the right thing. So with that I’d like to thank two of my favorite constitutional officers, Mr. Craig Leen who I had a little bit to do with in his hiring, I was one of the five members of the Commission that hired Craig, it’s been a delight to work with you, we’ve not always agreed, but I had always respected your position, I’ve always enjoyed your educating commentaries, you are a wonderful lawyer, I compliment you for that and it’s been a great ride as a member of the Commission, especially as a City Commissioner to work with you. Again, now I have to say to Mr. Walter Foeman, Walter it’s been such a fun time together, you too have taught me much that I hope to continue to use in my political career, but Walter you are just a delight; you are constantly looking for ways to improve our City and to improve our services to our citizenry and the fact that we’ve had this Passport service now for a number of years has really spoken for itself and your staff is wonderful to deal with. I always compliment them as being the best department to work with, they are just friendly folks that really want to get the job done. So Billy, I also compliment you as I compliment Walter and I thank you all, I look forward to the upcoming election and I look forward to April 9th, I wish you luck Jim, and I wish all the candidates luck, and with that I say goodbye to Coral Gables for now. (Applause) City of Coral Gables Page 18 City Commission Meeting Minutes March 26, 2013 Vice Mayor Kerdyk: Just a question for Craig. I saw that you passed out the letter from the state regarding the COLA, are you bringing that back to the Commission for discussion one more time, because I think that was what the instruction was. City Attorney Leen: My office sent a letter to the Division of Retirement based on the direction of the Commission related to the COLA issue. As you may recall the issue of whether a COLA should be provided to the retirees as a matter of law as opposed to a matter of discretion, came before the Pension Board, the Retirement Board and they ordered that as a matter of law based on a City ordinance that the COLA should be provided. The matter came before the Commission, the Commission had the authority to review any action of the Pension Board based on the pension ordinance, and at that time I was asked for my opinion on the matter, I gave my opinion; my opinion was that state law preempted, the Commission though did order me to send - directed me to send a letter to the Division of Retirement, which I did. I did my best in that letter to state my opinion, but also the express the opinion of the other side, so that it was there. I’m also aware that the counsel for the retirees did send a letter to the state as well, which they received, so they knew both of the positions fully; and we received a letter from the state from the Division of Retirement agreeing with my office’s interpretation. So what I plan to do at this point is reput the matter back on the Commission agenda, what will be before you will be ultimately you are not bound by my opinion, so the matter must come back to you and you will make the decision whether to finally overturn the Retirement Board or not. Your prior decision you vacated their decision so it would not take effect, now you’ve received my office’s opinion and also the opinion of the Division of Retirement, now the matter will come back before you for a final decision; and remember the only issue being decided is whether the COLA should be provided as a matter of law, there is always the issue of the discretionary COLA or the issue of whether an ad hoc COLA can be provided. That’s a separate issue, this was a legal issue whether its compelled as a matter of law and that’s the issue that will be before the Commission at that time. Vice Mayor Kerdyk: OK. Mayor Cason: So to be clear. Once again the State of Florida said to have done this based on the trigger mechanism it would have been an additional unfunded liability and therefore it was illegal to bring it. City Attorney Leen: What they said was that, the cost of this adjustment could not be paid for from actuarial experience, which means that it has to be funded, it can’t be City of Coral Gables Page 19 City Commission Meeting Minutes March 26, 2013 unfunded, so they said basically that this trigger mechanism in order for it to take effect the Commission would have to make it discretionary, this is not what they are saying, this is the way I read it, but the Commission cannot order, pardon me, the Retirement Board could not order the COLA because it was unfunded it would have to be unfunded liability, any sort of benefit like that is considered additional and it would have to be funded through…. Commissioner Anderson: Could it be funded from general reserves? City Attorney Leen: Yes, it could be funded…. Commissioner Anderson: OK. There is a thought for you all. City Attorney Leen: But it’s not compelled as a matter of law, that was the only legal issue that I wanted to address. Commissioner Anderson: But it could be paid for by reserve if the Commission decided that’s something they wanted to do. City Attorney Leen: Yes, that’s within the Commission’s discretion. Vice Mayor Kerdyk: Just one last thing. I am going to say something when we have our inauguration on the 11th (sic: 12), but I did want to mention a couple of things that we have done a lot of good things together in the City of Coral Gables and I’d be remiss not to say that. People sometimes forget how many countless hours you spend on City Commission business; we are here two times a month, sometimes we have other meetings at other times, but when somebody calls, somebody e-mails you, you are responding to them, so there are countless hours and anybody who actually puts themselves out to be a public servant should be commended if it’s for the right reasons, and I think everybody here has put themselves out for those right reasons, and I think that if anybody serves the City of Coral Gables should be commended. The amount of stuff that we have done for the City has been a building block for the future successes of this community, and this place is a better place than it was 12 years ago. There is no doubt about it. So I feel not only compelled, but I wanted to have a few brief words to say that and of course I’ll articulate something different - more when we have our inauguration, but I certainly want to commend and thank you for being with Commissioner Anderson and of course I’m not saying goodbye to Commissioner Cabrera, but certainly I want to commend you as Commissioners for the work that City of Coral Gables Page 20 City Commission Meeting Minutes March 26, 2013 you’ve done on behalf of the City of Coral Gables. Commissioner Anderson: Thank you. Commissioner Cabrera: Thanks Bill. Mayor Cason: Frank? Commissioner Quesada: And I want to reiterate and thank you for your service. Until you become an elected official you don’t realize how much time it takes and how much effort and how you get pulled away from family and work and other things and other hobbies you could be doing. I’m sure a lot of us had a lot of hobbies before we became Commissioners, I know I did, and that sort of gets worked away when you are balancing life and work and Commission. Wanted to make a quick note on decorum. We are in the campaign season right now and we are getting close and we’ve all been in campaigns, all of us up here and we see it, and it may or may not get worse as we get closer to April 9th, and it’s something that at least I’ve always disliked about the process. I see Coral Gables we are a community, we are all neighbors up here, we are all neighbors out there, I believe there is no place for candidates, for future Commissioners for current Commissioners to make personal attacks and that’s something that I hope that the candidates in this race and future Commissioners will really try to stay away from; stay with the facts, I think for the most part up here our Commission we focus on the facts and the issues and sometimes we get passionate about issues and I hope that we can keep that moving forward. So, I know that most candidates are probably watching this Commission meeting, so I thought it was important to say before the election. I think it’s very important and I think most of us would agree with that, that personal attacks have no place in Coral Gables public service or politics, for lack of a better term. Also, I want to go back to the last item that we discussed on the agenda with the audit. We make a lot of decisions up here, the Commission, staff is very involved and being proactive, but a lot of the financial strategies are thought up by our City Manager, I just want to commend him specifically say thank you. Some of those financial strategies have really shown that they have really worked well, so I want to specifically say thank you for that. One last item - I had a meeting with a resident last week related to tour buses, tour buses coming through neighborhoods. I spoke to staff about it, they are looking into it, but if there are any other areas of the City that have an issue, if they can let us know if you are watching at home, please let staff know because we are looking into now. The neighborhood that I was approached on just north of the Biltmore near St. Teresa, City of Coral Gables Page 21 City Commission Meeting Minutes March 26, 2013 they have quite a bit of intrusion of tour bus traffic, I know staff is looking at it. So if there are any other areas of the City that maybe other Commissioners know of or anyone watching at home please let us know, because we are currently looking at that. Thank you. Mayor Cason: I would like to commend everybody that’s been working on this Commission, worked as public servants for all their hard work they put. I’ve done it for 42 years now, it’s a calling, its tough, countless hours, lots of aggrevation, not everybody is always appreciative of what you do. Anybody that runs for public office that puts their time and effort into this needs to be commended and I want to commend Commissioners Anderson and Cabrera and Bill and Frank for all of the effort you put into this and help make this a better City. Obviously, we build on work that was done before us, no one ever says it’s a one person job, it’s a long process starting with George Merrick, we can always make our City better and I think we are all trying to do that; and I would finally like to say that I want to commend the staff for the work on LeJeune, I think that is coming along very well. I like the skinny palms, I think it’s a beautiful addition and thank you for making it happen so fast. And with that I’ll adjourn the meeting. City Manager Salerno: Mayor, Mayor, I have an item, last one on the discussion, just briefly Mayor. I’d like to thank Commissioner Quesada for the kind words there, they are appreciated by myself and the rest of the staff that work hard, but I wanted to just point out and let the viewing audience and the Commissioners see, we recently this month took second place in the National League of Cities, we received an award for our programs to increase workforce diversity, cultural diversity, second place for cities within 25,000 to 100,000, so we’ve been recognized nationwide as the second best city to increase workforce diversity, so I think everyone of you up here should be proud that we have been recognized in that regard and this will go in a prominent place in City Hall. That’s all I have Mayor. Mayor Cason: Thank you. Meeting is adjourned. City Clerk Item No. 26 City of Coral Gables Page 22 City Commission Meeting Minutes March 26, 2013 ADJOURNMENT [Note for the Record: There being no further business on the Regular City Commission Meeting Agenda. The Commission of the City of Coral Gables adjourned its meeting at 10:55 am on March 26, 2013. The next regular meeting of the City Commission has been scheduled for April 23, 2013, beginning 9 a.m.] JIM CASON MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK City of Coral Gables Page 23