City Commission

City of Coral Gables 405 Biltmore Way Coral Gables, Fl 33134 www.coralgables.com Meeting Minutes Tuesday, May 28, 2013 9:00 AM REVISED AGENDA - ADDITIONAL ITEMS H-2, H-3 AND I-1 City Hall, Commission Chambers City Commission Mayor Jim Cason Vice Mayor William H. Kerdyk, Jr. Commissioner Patricia Keon Commissioner Vince Lago Commissioner Frank C. Quesada Patrick G. Salerno, City Manager Craig E. Leen, City Attorney Walter J. Foeman, City Clerk City Commission Meeting Minutes May 28, 2013 ROLL CALL Present: 5 - Mayor Cason, Commissioner Keon, Vice Mayor Kerdyk Jr., Commissioner Lago and Commissioner Quesada INVOCATION [Note for the Record: Mayor Jim Cason opened up the meeting by welcoming the viewing public to the City Commission meeting of May 25, 2013, and to start the meeting off, he introduced Reverend H. William Walker, Jr., Senior Warden, St. Thomas Episcopal Parrish, who is also an attorney with Alvarez Arrieta and Diaz-Silveira, LLP; further noting that Reverend has been an ordained transitional Deacon since 2010, and a priest since 2011. Following the invocation, Mayor Cason thanked Reverend Walker for the invocation and extended his best wished on behalf of the City to his congregation and worshippers]. PLEDGE OF ALLEGIANCE Commissioner Frank C. Quesada led the Pledge of Allegiance. 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) Resolution(s) adopted (Resolution No. 2013-72 through Resolution No. 2013-93); (b) Video; (c) Audio Recording; (d) Minutes Folder with Agenda and background information, including items which were submitted at the meeting. City of Coral Gables Page 1 City Commission Meeting Minutes May 28, 2013 A. PRESENTATIONS AND PROCLAMATIONS A.-1. 13-2362 Presentation of a Proclamation declaring May 28, 2013 as Coach Jim Larrañaga Day in Coral Gables. [Note for the Record: Following the reading of Agenda Item A-1 into the public record, Mayor Cason read a proclamation into the public record proclaiming May 28th, 2013 as Coach Jim Larranaga Day here in Coral Gables; further requesting of Commissioner Quesada to present Coach Larranaga to the Commission and viewing public. Whereupon Commission Quesada prefaced his remarks by stating that he was pleased to have another individual with average height up on the dais with him today; further saying that it is with great pride that the City Commission is celebrating University of Miami; further informing the viewing public that Coach Larranaga could have gone to any other school to coach, and that the City of Coral Gables is honored that he chose the UM; further adding that the UM had a great exciting season; finally thanking Coach Larranaga on behalf of the City for showing us a great time. In accepting this accolade, coach Larranaga stated that he was honored to be the coach of the University of Miami, and that he was proud that the University of Miami had chosen him, adding that he is excited about the UM Basketball Program, and that he appreciates the community support; further pointing out that he had five sellout crowds during the 2012-2013 Basketball Season, which is the first time that this has occurred in University of Miami Basketball history; further pointing out that there was equal success in the classroom-having six seniors, all of whom graduated on time this year. Coach Larranaga further said that UM point guard standout Shane Larkin has chosen to enter his name into the 2013 NBA Draft, where he thought that he is likely to be chosen in the first round of said draft, which will be the first time during his tenure at UM that one of his players will be selected in the first round. Coach Larranaga acknowledged the tremendous leadership present at the university, starting with UM President Dona Shalala, Blake James, UM Athletic Director, along with the tremendous coaching staff including Baseball Coach Jim Morris, who is currently in the hospital, Al Golden UM Football Coach, who is preparing for a great football season; finally adding that the UM Basketball Team is looking forward to next ACC Season as well. In summary, Coach Larranaga thanked the City of Coral Gables for honoring him and his basketball team in this manner]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 1 City of Coral Gables Page 2 City Commission Meeting Minutes May 28, 2013 A.-2. 13-2361 Presentation of a Proclamation declaring June 10-30th, 2013 as Restaurant Week in Coral Gables. [Note for the Record: Following the reading of the title to Agenda Item A-2, Mayor Cason read a proclamation into the public record declaring June 10th through June 30, 2013 as “Restaurant Week” in Coral Gables. Business Improvement District (BID) Executive Director Mari Gallet pointed out that there will be 35 participating restaurants in the Taste of the Gables event, thereby prompting her to note that this is why one needs 3 weeks to eat your way through Coral Gables; further mentioning that some of the area restaurants were scheduled to be here this morning in furtherance of the upcoming “Taste of the Gables” event; however, at 9 am Tuesday morning scheduling was pretty challenging for most; further thanking Bacardi USA, the City’s sponsor, and cordially invited the public out to the “Taste of the Gables,” said event to take place on June 6th, 2013]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 2 A.-3. 13-2368 Presentation of 25 years service pin to Daniel B. Keys, Community Services Department, Public Service Division. Attachments: CM_25 Year Service Pin Recipients_Dan Keys [Note for the Record: Following the reading of the title to Agenda Item A-3 into the public record, City Manager Salerno requested of Human Resources Director Elsa Jaramillo-Velez to present Public Services Division Director Dan Keys, on the occasion of his 25 years of service with the City of Coral Gables; further pointing out that he joined the City’s ranks in June of 1982; further stating that later in the year he was promoted to the position of Horticulturist; later he was promoted to Superintendent (1982), later leaving the City in February of 1989; Mr. Keys came back to the City to assume the position of Public Services Director in 1995, a position he has held until this date. Community Services Director Jessica Keller prefaced her remarks by stating that a lot of words are not needed to describe the work that Mr. Keys has been doing in the City, for it is quite evident what he has done having experienced it each and every day; further thanking him for all that he has done, closing by saying that she is honored in having spent 1 year with him]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 3 City of Coral Gables Page 3 City Commission Meeting Minutes May 28, 2013 A.-4. 13-2386 Presentation of a Certificate of Appreciation to Daniel B. Keys, Public Service Director, on the occasion of his retirement. [Note for the Record: Following the reading of the title to Agenda Item A-4 into the public record, Mayor Cason requested of Public Services Director Dan Keys to remain at the podium, whereupon he read a Certificate of Appreciation into the public record, on the occasion of his retirement from the City following 25 years of public service. Prior to acknowledging Public Services Division Director Keys, Commissioner Quesada prefaced his remarks by saying that one of the many reasons that Coral Gables residents are present in our City is because of the beautiful landscape we have and our consistent services; further noting that oftentimes our Mayor and City Commissioners receive compliments from the residents on the exemplary service performed in taking care of the trees and trash; further adding that anytime any member of the City Commission calls, Dan is quick to respond, always looking out for our residents; further thanking Dan for doing a great job. In accepting this recognition, Mr. Keys thanked the City of Coral Gables for both of the aforementioned honors that were bestowed upon him, as well as the opportunity to have worked with great employees in the City; pointing out that when one calls him, that his next call is to his staff, because they are the ones to get it done; further explaining that it has been a really good experience working here in Coral Gables simply because he has the privilege of working for a City that pays attention to the things that he appreciates as well]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 4 City of Coral Gables Page 4 City Commission Meeting Minutes May 28, 2013 A.-5. 13-2369 Presentation of service pins for Fire Department recipients in recognition of 25 years of service: Chief Thomas D. Harley, Captain George R. Valladares, Firefighter David P. Drescher, Firefighter Carlos Eguiluz, Firefighter Tim E. Mungovan, and Firefighter Alejandro A. Tapanes. Attachments: CM_25 Year Service Pin Recipients_FIRE [Note for the Record: Following the reading of the title to Agenda Item A-5 into the public record, Mayor Cason requested of City Manager Salerno, who requested of Human Resources Director Elsa Jaramillo-Velez to congratulate them and issue their 25-year service pins, on the occasion of their 25 years of service with the City. The following individuals received pins from the Fire Department: Chief Thomas D. Harley; Captain George R. Valladares; Firefighter David P. Drescher; Firefighter Carlos Eguiluz; Firefighter Tim E. Mungovan and Firefighter Alejandro A. Tapanes]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 5 A.-6. 13-2370 Presentation of service pins for Fire Department recipients in recognition of 20 years of service: Lieutenant Thaddeus J. Ovcarich, Lieutenant John E. Perrotti, Lieutenant Alain Rouzeau, and Firefighter Timothy R. Yakubec. Attachments: CM_20 Year Service Pin Recipients_FIRE [Note for the Record: Following the reading of the title to Agenda Item A-6, Mayor Cason requested of City Manager Salerno, who instructed Human Resources Director Elsa Jaramillo-Velez to present service pins to the herein below listed individuals, thereby congratulating them on 20 years of service to the City of Coral Gables: Lieutenant Thaddeus J. Ovcarich, Lieutenant John E. Perrotti, Lieutenant Alain Rouzeau, and Firefighter R. Yakubec]. This Presentation/Protocol Document wasPresented and Filed City Clerk Item No. 6 City of Coral Gables Page 5 City Commission Meeting Minutes May 28, 2013 APPROVAL OF MINUTES B.-1. 13-2391 Regular City Commission Meeting of May 14, 2013. Attachments: May 14, 2013 Meeting Minutes Item H-1 Verbatim Transcript A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago, that this matter be approved. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 7 City of Coral Gables Page 6 City Commission Meeting Minutes May 28, 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 Vice Mayor Kerdyk, Jr., seconded by Commissioner Quesada, to Adopt the Consent Agenda. The motion carried by the following vote: Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada, Commissioner Keon and Mayor Cason RESOLUTION NO. 2013-72 C.-1. 13-2371 Resolution of the City Commission appointing Andy Gomez (Nominated by Mayor Cason) to serve as a member of the Coral Gables Retirement Board - General Employees for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013 - Draft - Andy Gomez - Retirement Board C-1 Signed Cover Memo Signed Resolution 2013-72 RESOLUTION OF THE CITY COMMISSION APPOINTING ANDY GOMEZ (NOMINATED BY MAYOR CASON) TO SERVE AS A MEMBER OF THE CORAL GABLES RETIREMENT BOARD - GENERAL EMPLOYEES FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-72 on the Consent Agenda. City Clerk Item No. 8 City of Coral Gables Page 7 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-73 C.-2. 13-2372 Resolution of the City Commission appointing Susan Furman (Nominated by Commissioner Keon) to serve as a member of the Board of Adjustment for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft - Susan Furman - Board of Adjustment C-2 Signed Cover Memo Signed Resolution 2013-73 R-2013-73 Revised 07-09-2013 RESOLUTION OF THE CITY COMMISSION APPOINTING SUSAN FURMAN (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE BOARD OF ADJUSTMENT FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-73 on the Consent Agenda. City Clerk Item No. 9 RESOLUTION NO. 2013-74 C.-3. 13-2373 Resolution of the City Commission appointing Patricia Sowers (Nominated by Commissioner Keon) to serve as a member of the Coral Gables Advisory Board on Disability Affairs for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Patricia Sowers-Disability Affairs C-3 Signed Cover Memo Signed Resolution 2013-74 RESOLUTION OF THE CITY COMMISSION APPOINTING PATRICIA SOWERS (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE CORAL GABLES ADVISORY BOARD ON DISABILITY AFFAIRS FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-74 on the Consent Agenda. City Clerk Item No. 10 City of Coral Gables Page 8 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-75 C.-4. 13-2374 Resolution of the City Commission appointing Marlin Ebbert (Nominated by Commissioner Keon) to serve as a member of the Coral Gables Merrick House Governing Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Marlin Ebbert-Merrick House C-4 Signed Cover Memo Signed Resolution 2013-75 RESOLUTION OF THE CITY COMMISSION APPOINTING MARLIN EBBERT (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE CORAL GABLES MERRICK HOUSE GOVERNING BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-75 on the Consent Agenda. City Clerk Item No. 11 RESOLUTION NO. 2013-76 C.-5. 13-2375 Resolution of the City Commission appointing Bob Campbell (Nominated by Commissioner Keon) to serve as a member of the Coral Gables Retirement Board - General Employees for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Bob Campbell-Retirement Board C-5 Signed Cover Memo Signed Resolution 2013-76 RESOLUTION OF THE CITY COMMISSION APPOINTING BOB CAMPBELL (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE CORAL GABLES RETIREMENT BOARD - GENERAL EMPLOYEES FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-76 on the Consent Agenda. City Clerk Item No. 12 City of Coral Gables Page 9 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-77 C.-6. 13-2376 Resolution of the City Commission appointing Barbara Hidnerkopf (Nominated by Commissioner Keon) to serve as a member of the Parking Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Barbara Hinderkopf - Parking Advisory Board C-6 Signed Cover Memo Signed Resolution 2013-77 RESOLUTION OF THE CITY COMMISSION APPOINTING BARBARA HIDNERKOPF (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE PARKING ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-77 on the Consent Agenda. City Clerk Item No. 13 RESOLUTION NO. 2013-78 C.-7. 13-2377 Resolution of the City Commission appointing Kirk Menendez (Nominated by Commissioner Keon) to serve as a member of the Parks and Recreation Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Kirk Menendez-Parks and Recreation Advisory Board C-7 Signed Cover Memo Signed Resolution 2013-78 RESOLUTION OF THE CITY COMMISSION APPOINTING KIRK MENENDEZ (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-78 on the Consent Agenda. City Clerk Item No. 14 City of Coral Gables Page 10 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-79 C.-8. 13-2378 Resolution of the City Commission appointing William Silver (Nominated by Commissioner Keon) to serve as a member of the Senior Citizens Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-William Silver-Senior Citizens Advisory Board C-8 Signed Cover Memo Signed Resolution 2013-79 RESOLUTION OF THE CITY COMMISSION APPOINTING WILLIAM SILVER (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE SENIOR CITIZENS ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-79 on the Consent Agenda. City Clerk Item No. 15 RESOLUTION NO. 2013-80 C.-9. 13-2379 Resolution of the City Commission re-appointing Alejandro Silva (Nominated by Commissioner Keon) to serve as a member of the Historic Preservation Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Alejandro Silva-Historic Preservation Board C-9 Signed Cover Memo Signed Resolution 2013-80 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING ALEJANDRO SILVA (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE HISTORIC PRESERVATION BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-80 on the Consent Agenda. City Clerk Item No. 16 City of Coral Gables Page 11 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-81 C.-10. 13-2380 Resolution of the City Commission re-appointing Kate Taylor (Nominated by Commissioner Keon) to serve as a member of the Pinewood Cemetery Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Kate Taylor - Pinewood Cemetery Advisory Board C-10 Signed Cover Memo Signed Resolution 2013-81 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING KATE TAYLOR (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE PINEWOOD CEMETERY ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-81 on the Consent Agenda. City Clerk Item No. 17 RESOLUTION NO. 2013-82 C.-11. 13-2381 Resolution of the City Commission re-appointing Jeffrey Flanagan (Nominated by Commissioner Keon) to serve as a member of the Planning and Zoning Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Jeffrey Flanagan-Planning and Zoning Board C-11 Signed Cover Memo Signed Resolution 2013-82 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING JEFFREY FLANAGAN (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE PLANNING AND ZONING BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-82 on the Consent Agenda. City Clerk Item No. 18 City of Coral Gables Page 12 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-83 C.-12. 13-2382 Resolution of the City Commission re-appointing Stuart McGregor (Nominated by Commissioner Keon) to serve as a member of the Property Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Stuart McGregor - Property Advisory Board C-12 Signed Cover Memo Signed Resolution 2013-83 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING STUART MCGREGOR (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE PROPERTY ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-83 on the Consent Agenda. City Clerk Item No. 19 RESOLUTION NO. 2013-84 C.-13. 13-2383 Resolution of the City Commission re-appointing Carolina Rendeiro (Nominated by Commissioner Keon) to serve as a member of the International Affairs Coordinating Council for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Carolina Reindero - IACC C-13 Signed Cover Memo Signed Resolution 2013-84 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING CAROLINA RENDEIRO (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE INTERNATIONAL AFFAIRS COORDINATING COUNCIL FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-84 on the Consent Agenda. City Clerk Item No. 20 City of Coral Gables Page 13 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-85 C.-14. 13-2384 Resolution of the City Commission re-appointing Alexander Adams (Nominated by Commissioner Keon) to serve as a member of the Landscape Beautification Advisory Board for a two (2) year term, beginning June 1, 2013 and continues through May 31, 2015. Attachments: R-2013-Draft-Alexander Adams - Landscpe Beautificaton Advisory Board C-14 Signed Cover Memo Signed Resolution 2013-85 RESOLUTION OF THE CITY COMMISSION RE-APPOINTING ALEXANDER ADAMS (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE LANDSCAPE BEAUTIFICATION ADVISORY BOARD FOR A TWO (2) YEAR TERM, BEGINNING JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2013-85 on the Consent Agenda. City Clerk Item No. 21 RESOLUTION NO. 2013-86 C.-15. 13-2388 Resolution of the City Commission confirming the election of Joshua Nunez who ran unopposed to become a member of the City of Coral Gables Retirement Board (Participating Police Officer Representative), for the unexpired portion of the term which began on January 1, 2012 and continues through December 31, 2013. Attachments: R-2013- Draft - Appointment of Joshua Nunez - CG Reitirement Board C-15 Signed Cover Memo Signed Resolution 2013-86 RESOLUTION CONFIRMING THE ELECTION OF JOSHUA NUNEZ WHO RAN UNOPPOSED, AS A MEMBER OF THE CITY OF CORAL GABLES RETIREMENT BOARD (PARTICIPATING POLICE OFFICER REPRESENTATIVE SEAT), FOR AN UNEXPIRED PORTION OF THE TERM WHICH BEGAN JANUARY 1, 2012 AND CONTINUES THROUGH DECEMBER 31, 2013. This Matter was adopted by Resolution Number 2013-86 on the Consent Agenda. City Clerk Item No. 22 City of Coral Gables Page 14 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-87 C.-16. 13-2387 Resolution authorizing entering into a Third Amendment to Lease with Coral Grand, LLC with regard to City owned property located at 997 North Greenway Drive, Coral Gables , Florida. Attachments: Proposed Resolution with Proposed Third Amendment to Lease 5-15-13 PAB EXCERPT MINUTES C-16 Signed Cover Memo Signed Resolution 2013-87 RESOLUTION AUTHORIZING ENTERING INTO A THIRD AMENDMENT TO LEASE WITH CORAL GRAND, LLC WITH REGARD TO CITY OWNED PROPERTY LOCATED AT 997 NORTH GREENWAY DRIVE, CORAL GABLES, FLORIDA. This Matter was adopted by Resolution Number 2013-87 on the Consent Agenda. City Clerk Item No. 23 RESOLUTION NO. 2013-88 C.-17. 13-2385 Resolution extending the towing services contract with Downtown Towing Company , pursuant to Section 2-829 of the Procurement Code entitled “Approval of Change Orders and Contract Modifications” from June 1, 2013 for a period not to exceed two (2) months. Attachments: Towing Services Draft Resolution 5-28-13 C-17 Signed Cover Memo Signed Resolution 2013-88 RESOLUTION EXTENDING THE TOWING SERVICES CONTRACT WITH DOWNTOWN TOWING COMPANY, PURSUANT TO SECTION 2-829 OF THE PROCUREMENT CODE ENTITLED “APPROVAL OF CHANGE ORDERS AND CONTRACT MODIFICATIONS” FROM JUNE 1, 2013 FOR A PERIOD NOT TO EXCEED TWO (2) MONTHS. This Matter was adopted by Resolution Number 2013-88 on the Consent Agenda. City Clerk Item No. 24 City of Coral Gables Page 15 City Commission Meeting Minutes May 28, 2013 RESOLUTION NO. 2013-89 C.-18. 13-2389 Resolution amending the Local Business Tax rates covering fiscal years 2013-2014 and 2014-2015 contained in sections of Resolution 2011-203. Attachments: R-2011-203 - STRIKEOUTS FOR 2013-15 BTR INCREASE C-18 Signed Cover Memo Signed Resolution 2013-89 RESOLUTION AMENDING RESOLUTION 2011-170 WHICH ESTABLISHED FEES FOR VARIOUS LICENSES, PERMITS, SERVICES, AND PENALTIES BY THE CITY OF CORAL GABLES, PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. This Matter was adopted by Resolution Number 2013-89 on the Consent Agenda. City Clerk Item No. 25 Presentation of Boards and/or Committees minutes requesting no action from the City Commission: C.-19. 13-2358 Landscape Beautification Advisory Board Meeting of May 2, 2013 Attachments: Minutes BC 5-2-13 (2) BC Cover Sheet 5-02-13 LBAB Signed Minutes 5-2-13 This Matter was approved on the Consent Agenda. City Clerk Item No. 26 C.-20. 13-2359 Senior Citizens Advisory Board Meeting of April 1, 2013 Attachments: Cover Sheet Minutes 04-01-13 Min 04-01-2013 This Matter was approved on the Consent Agenda. City Clerk Item No. 27 C.-21. 13-2364 Property Advisory Board Meeting of February 20, 2013 Attachments: PAB 5-28-13 Commission cover 2-20-13 PAB minutes This Matter was approved on the Consent Agenda. City Clerk Item No. 28 City of Coral Gables Page 16 City Commission Meeting Minutes May 28, 2013 C.-22. 13-2365 Retirement Board Meeting of April 11, 2013 Attachments: Executive Summary.04-11-2013 Minutes.4-11-2013 CC.05-28-2013.April 11, 2013 This Matter was approved on the Consent Agenda. City Clerk Item No. 29 C.-23. 13-2367 Board of Adjustment Meeting of May 6, 2013 Attachments: Cover Memo-City Commission May 28, 2013 BOARD OF ADJUSTMENT RECAP 05-06-2013 Public Notice May 6, 2013 This Matter was approved on the Consent Agenda. City Clerk Item No. 30 D. PERSONAL APPEARANCES None City Clerk Item No. 31 City of Coral Gables Page 17 City Commission Meeting Minutes May 28, 2013 E. PUBLIC HEARINGS ORDINANCE ON SECOND READING ORDINANCE NO. 2013-07 E.-1. 13-2280 City Code Text Amendment. An Ordinance of the City Commission of Coral Gables , Florida amending the Code of the City of Coral Gables, Chapter 105, “Buildings and building regulations”, Article 5, “Minimum Housing Code”, Section 105-289, “Floors, walls and ceilings”, to include required maintenance of roofs within the City; providing for severability, repealer, codification, and an effective date. (Passed on First Reading April 23, 2013) Attachments: 04 23 13 Exhibit B - Draft Ordinance 04 23 13 Exhibit A - City Code amendment in strike through underline format E-1 Signed Cover Memo 4-23-13 05 28 13 Exhibit A - Ordinance 2nd Reading E-1 Signed Cover Memo 5-28-13 Signed Ordinance 2013-07 Verbatim Transcript - Agenda Item E-1 - Ordinance amending chapter 105 Buildings and building [Note for the Record: Following the City Attorney’s reading of Agenda Item E-1 into the public record, having no public testimony, nor any deliberation by any member of the City Commission, following a motion being made by Vice Mayor Kerdyk and seconded by Commissioner Lago, Mayor Cason instructed the City Clerk to call the roll (i.e. roll call vote) on Agenda Item E-1).] A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago, that this matter be adopted by Ordinance Number 2013-07. The motion passed by the following vote. Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 32 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. ORDINANCE ON FIRST READING ORDINANCE NO. 2013-08 E.-2. 13-2360 Zoning Code Text Amendment. An Ordinance of the City Commission of Coral Gables , Florida providing for text amendments to the City of Coral Gables Official Zoning Code , Article 3, “Development Review”, Division 6, “Appeals”, Section 3-608, “Postponement of appeals”, by adding provisions providing for concurrent hearings of appeals to the City Commission; and providing for severability, repealer, codification, and an effective date. (Passed on First Reading May 28, 2013) City of Coral Gables Page 18 City Commission Meeting Minutes May 28, 2013 Attachments: 05 28 13 Exhibit B - 05 08 13 Staff Report with attachments 05 28 13 Exhibit C - Excerpt of 05 08 13 PZB Meeting Minutes 05 28 13 Exhibit A - Draft Ordinance E-2 Signed Cover Memo 5-28-13 06 11 13 Exhibit A - Ordinance 06 11 13 CC Cover Memo - Postponement of appeals 2nd reading E-1 Signed Cover Memo 6-11-13 Signed Ordinance 2013-08 [Note for the Record: Following the reading by City Manager Salerno of the title to Agenda Item H-1 into the public record, there was no public testimony given by any member of the public, Mayor Cason closed the public hearing. During deliberations by the City Commission, Commission Quesada thanked the City Manager and City Attorney for this initiative, pointing to the fact that prior to our April 9th, 2012 General Biennial Election, an item came before the governing body involving Dade Medical College pertaining to two separate appeals relating to signage; further citing said appeals process as being tedious involving an inordinate amount of time; further noting that said matter fell within a grey area of our City’s Zoning Code; further stating that the aim of the City Commission is to try and streamline the process, albeit commercial or residential, adding that the Dade Medical College example was a great way to streamline the process because this entity was coming before the City Commission two or three times on different appeals culminating in a four month effort to obtain approval for signage, which he felt was excessive; further referencing that the proposed legislation will now provide for an applicant to come before the City Commission once rather than two or three different times in instances wherein there are different appeals regarding the same matter; further reiterating that he wanted to thank the City Attorney who took the lead on this matter and the City Manager for streamlining this process. Commissioner Keon further inquired as to whether the proposed legislation improves the time period for bringing each one of appeals collectively forward, as described in Commissioner Quesada’s example?- or is the delay in considering each one of the appeals?-whereby Commissioner Quesada responded that formerly, it was one appeal at a time that came before the City Commission. Commissioner Keon further inquired whether in bringing all of the appeals together, does it reduce the time to hear each individual appeal?-whereby Commissioner Quesada responded that at the time said item comes before the City Commission, all of the staff input on all of the issues would come forth concomitantly with said subject matter. However, previous to the proposed legislative initiative, when the City Commission made a decision on a given issue, when it was terminating the issue positively or negatively, it had to go back to staff for additional analysis, thus creating a longer time period for additional review (i.e. one month and a half), only to come back again before an additional City Commission meeting. Now, Commissioner Quesada reiterated all of the staff input will be present on all of City of Coral Gables Page 19 City Commission Meeting Minutes May 28, 2013 the potential appeals that come before the City Commission all at the same time, whereby an applicant comes before the City Commission once, as opposed to two or three times. Commissioner Quesada stated that the issue of concurrent hearings of appeals is a matter that has not arisen many times; further recalling that former Commissioner Cabrera had stated that during his 12 years of service on the City Commission, that he had never seen that situation arise; further stating that the proposed legislation should ameliorate this problem. Commissioner Keon stated that she understood that the proposed legislation shortens the period of time that appeals will be heard by the City Commission, but as the appeals go through the planning process, each appeal is handled separately (i.e. appeals go before the City Commission and Planning and Zoning Board separately, just as they go before the other boards separately.) Commissioner Quesada, further citing under the proposed legislation, that the staff process and the Board process does not change, noting that an applicant can preserve his appeal rights if one is dissatisfied with a given board-further noting that in this manner an applicant can go before the other boards before coming before the City Commission, adding that one can consolidate all of the appeals and only comes before the City Commission once, thus avoiding a very time consuming process. Mayor Cason welcomed City Attorney Leen to provide his input regarding said matter, whereby Mr. Leen agreed with Commissioner Quesada, citing an example whereby one has a design review that needs to go before the Board of Architects, if the Board provides certain comments or denies a request and one is desirous of appealing same, resuling in said subject matter coming before the City Commission and the City Commission changes the design in some manner resulting in a violation of the City’s Zoning Code, then it goes back to the Board of Adjustment, which hypothetically could approve it with certain conditions, then said matter would go back before the Board of Architects because the applicant would have a new design. City Attorney Leen proceeded to explain that although instances such as the aforementioned example does not happen, that potentially it could happen, and that it did happen this one time; therefore Commissioner Quesada raised the issue during an earlier Commission meeting as to whether there was a way to address this hole in our Zoning Code; and the way said matter was addressed was by allowing the City Manager, or an aggrieved party, or applicant to raise this issue early in the process, by saying look, there will be a major developmental issue coming forth that will require a multiple application process before multiple boards, rather than conduct this process piecemeal, thus requiring 2 or 3 appearances before the City Commission; further citing the proposed legislation as ultimately providing the City Commission the authority City of Coral Gables Page 20 City Commission Meeting Minutes May 28, 2013 it needs to address the aforementioned two or three issues at the same time (i.e. issues involving zoning, design issues, historic preservation issues, etc.). Commissioner Quesada added that in the past one could not resolve all of the issues at the same time; however, as a result of the proposed legislation, one may resolve all of the various issues at the same time. Whereupon Commissioner Keon further inquired that even if there are multiple appealable issues that an applicant wants to appeal, can the City Commission make the final decision, resulting in the applicant never having to come back before the board?- or if there still remains a conflict, does the applicant still have to start the appeal process all over again? Commissioner Quesada responded that it depends on what is before the governing body, adding that it will still be up to the applicant to present the proper items before the governing body-noting that the applicant still has to do his/her due diligence, just like everyone else. The applicant still would have to go through that process. The burden is still on the applicant. Finally, Commissioner Keon for clarification purposes queried that if the applicant were appealing concurrent issues on appeal before the City Commission, and if there was one appeal that presented a conflict, would the City Commission be able to resolve all of the issues in its entirety? - Or would it have to go back to staff again?-whereby Commissioner Quesada responded that yes, the staff would help the applicant appeal that certain portion of said subject matter. City Attorney Leen further clarified that the proposed legislation gives the City Manager, any aggrieved party, or the applicant the authority to hold the appeal, or postpone it, thus allowing the applicant, City Manager or aggrieved party to go to other board(s), other staff members, whereby one may be able to take all of the appeals at the same time to the City Commission (i.e. citing the 1044 Coral Way issue, whereby the City Commission reviewed the comments of the Historic Preservation Board and the Board of Adjustment, and provided a final resolution of said matter). City Attorney Leen further noted that the proposed legislation benefits the applicant and the authority of the City Commission in consolidating all of the appeals]. A motion was made by Commissioner Quesada, seconded by Commissioner Keon, that this matter be approved as an Ordinance on First Reading. The motion passed by the following vote. Yeas : 5- Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago and Mayor Cason City Clerk Item No. 33 City of Coral Gables Page 21 City Commission Meeting Minutes May 28, 2013 F. CITY COMMISSION ITEMS None City Clerk Item No. 34 G. BOARDS/COMMITTEES ITEMS None City Clerk Item No. 35 H. CITY MANAGER ITEMS RESOLUTION NO. 2013-90 H.-1. 13-2393 Resolution approving Interlocal Agreement transferring jurisdiction and ownership of Mariposa Court to Miami-Dade County for the construction, operation and maintenance of a Pedestrian Overpass spanning U. S. 1. Attachments: H-1 Signed Cover Memo Pedestrian Overpass Resolution Pedestrian Overpass Interlocal Agreement Signed Resolution 2013-90 Verbatim Transcript - Agenda Item H-1 - Reso approving Interlocal Agreement transferring jurisdic RESOLUTION APPROVING INTERLOCAL AGREEMENT TRANSFERRING JURISDICTION AND OWNERSHIP OF MARIPOSA COURT TO MIAMI-DADE COUNTY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PEDESTRIAN OVERPASS SPANNING U.S. 1. [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 Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2013-90. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 36 City of Coral Gables Page 22 City Commission Meeting Minutes May 28, 2013 H.-2. 13-2395 Presentation of Downtown Parking Study by Timothy Haahs and Associates, Inc. Attachments: Downtown Parking Study Verbatim Transcript - Agenda Item H-2 - Presentation of Downtown Parking Study by Timothy Ha [Note for the Record: The verbatim transcript for Agenda Item H-2 is available for public inspection in the Office of the City Clerk and in Legistar]. This Agenda Item wasDiscussed and Filed City Clerk Item No. 37 RESOLUTION NO. 2013-91 H.-3. 13-2397 Resolution authorizing entering into an amendment to the professional service agreement with Abramson & Associates for consultant services to assist with the redevelopment of the City owned garages 1 and 4 on Andalusia Avenue. Attachments: H-3 Signed Cover Memo Parking Garage 1 & 4 Redevelopment Resolution Aerial of Parking Garage 1 and 4 Signed Resolution 2013-91 Verbatim Transcript - Agenda Item H-3 - Reso for professional service agreement with Abramson RESOLUTION AUTHORIZING ENTERING INTO AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH ABRAMSON & ASSOCIATES FOR CONSULTANT SERVICES TO ASSIST WITH THE REDEVELOPMENT OF THE CITY OWNED GARAGES 1 AND 4 ON ANDALUSIA AVENUE. [Note for the Record (Agenda Item H-3): The verbatim transcript for Agenda Item H-3 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2013-91. The motion passed by the following vote. Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada, Commissioner Keon and Mayor Cason City Clerk Item No. 38 City of Coral Gables Page 23 City Commission Meeting Minutes May 28, 2013 I. CITY ATTORNEY ITEMS RESOLUTION NO. 2013-92 I.-1. 13-2394 Resolution of the City Commission of the City of Coral Gables, Florida, relating to the Retirement System for City Employees; reviewing the Retirement Board’s decision to approve The Nyhart Company’s contract; finding The Nyhart Company failed to follow generally accepted actuarial standards and practices; reversing the Retirement Board’s action; directing Retirement Board to engage new Board Actuary and conduct evaluation of Board Attorney; directing City Attorney to prepare Litigation Report; providing for full force and effectiveness; providing for repeal of conflicting Resolutions; and providing an effective date. Attachments: Pension Review - Resolution Review of Coral Gables Retirement Board and Actuary Report Resolution No. 2012-139 and Cover Memo I-1 Signed Cover Memo Verbatim Transcript - Agenda Item I-1 - Reso relating to Retirement System for City Employees re [Note for the Record: The verbatim transcript for Agenda Item I-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2013-92. The motion passed by the following vote. Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 39 J. CITY CLERK ITEMS None City Clerk Item No. 40 K. DISCUSSION ITEMS Mayor Cason: OK. Let’s start - Commissioner Keon you have any items under general discussion? Commissioner Keon: No, thank you. Vice Mayor Kerdyk: Just very briefly I want to apologize, unfortunately I won’t be at the next Commission meeting, I just couldn’t change my plans. I tried, but I just couldn’t change my plans. I think it’s the third meeting I’ve missed, it’s painful but I’m sure - I guess the real key is have a great beginning of the summer, OK, without me. (Laughter) City of Coral Gables Page 24 City Commission Meeting Minutes May 28, 2013 Commissioner Quesada: Two quick items…I forget the Parking Garage Number where the Graciano market and Garage 6, the elevators, the roof, if we can have someone from staff take a look at that, it just seems dirty. Maybe something is trapped up top, just have someone check it out. Number two, City Attorney and I were discussing FPL recently and what’s going on there with that lawsuit before the administrative law judge. I think in the conversations that the City Attorney and I had had there was maybe a settlement agreement had been discussed, is it at the point that we should have a “Shade Meeting” to discuss what we want to do?- just a question for you, I’m not sure… City Attorney Leen: Thank you for raising that. I would like to request that the Commission give me advice regarding settlement and litigation expenses. Under the state statute I need to request it in open meeting, we can set it at a later time, but I would request that. Mayor Cason: Sure. Commissioner Quesada: OK. City Attorney Leen: Just to give you a brief update without getting into the details because some of it is litigated, so I want to speak with you individually or in a “Shade Meeting”, but the FPL matter is a separate hearing in July and the FPL matter involves the power lines that will be going down U.S.-1, that’s what FPL would like. We contested that quite vigorously, I would say, and we’ve also proposed an alternate corridor that does not go down U.S.-1 through the City of Coral Gables. We believe that the alternate corridor is preferable because there is already a corridor there, so you are not causing twice the harm, and that matter separate hearing in July is a huge case, I’ll be briefing each of you individually on it. Mayor Cason: It’s in Tallahassee, right? City Attorney Leen: No, no, the hearing to my understanding is down here, but ultimately the decision is by the Siting Board in Tallahassee, it’s the Governor and the Cabinet. Commissioner Quesada: But if the hearing is in July, Commissioner Kerdyk when do you leave? Vice Mayor Kerdyk: I leave the 8th. Commissioner Quesada: Of June and you are back? City of Coral Gables Page 25 City Commission Meeting Minutes May 28, 2013 Vice Mayor Kerdyk: The 26th. Commissioner Quesada: I would imagine there is discovery leading up to the hearing or the deposition?- is it a typical litigation procedure? City Attorney Leen: Yes. We are in the midst of discovery right now, there are approximately 100 depositions. Commissioner Quesada: Hold on a second. There are 100 depositions between now and July? City Attorney Leen: Well we are in the midst of them, we are in the midst of it, and we are not as part of every one of them. Commissioner Quesada: Do we have an attorney at each deposition or no? City Attorney Leen: The ones that relate to us we do, we do. Commissioner Quesada: OK. Commissioner Keon: When do we need to meet? City Attorney Leen: I think it should be raised at the next Commission meeting, is probably when we should have the “Shade Meeting”?- but you just mentioned that you wouldn’t be - so I would defer to you. Commissioner Quesada: OK, if you can work with the City Manager and the rest of us individually to see if we can work out a date that make sense just because - if the hearing is in July and if we are in the process of discussing settlement before we incur any other cost, and the settlement makes sense to the Commission, we would want to discuss it before we incur the $300 to $500 an hour that we are probably paying for each of those depositions. City Attorney Leen: What I would recommend under the statute, why don’t we tentatively set for the June meeting and I will work with the City Manager to see if we can get a day when everyone can be there. Mayor Cason: I think you discuss it with us individually since Bill is not going to be here, discuss it with Bill first and then… Vice Mayor Kerdyk: We can do that, that’s fine. Mayor Cason: And also there is an opportunity to go out and actually look at the City of Coral Gables Page 26 City Commission Meeting Minutes May 28, 2013 routes, I’ve done that and I think you’ve done it and see what they are talking about. I think it’s well worth doing so we know, this is kind of complex and see what all the options are. OK? I don’t have anything thing, so let’s adjourn the meeting. Thank you. City Clerk Item No. 41 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 12:28 pm on May 28, 2013. The next regular meeting of the City Commission has been scheduled for June 11, 2013, beginning 9 a.m.] JIM CASON MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK City of Coral Gables Page 27