City Commission
Regular MeetingCoral Gables, FL · September 28, 2016
Minutes
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
www.coralgables.com
Meeting Minutes
Wednesday, September 28, 2016
9:00 AM
City Hall, Commission Chambers
City Commission
Mayor Jim Cason
Vice Mayor Frank C. Quesada
Commissioner Patricia Keon
Commissioner Vince Lago
Commissioner Jeannett Slesnick
Cathy Swanson-Rivenbark, City Manager
Craig E. Leen, City Attorney
Walter J. Foeman, City Clerk
City Commission Meeting Minutes September 28, 2016
ROLL CALL
Present: 5 - Mayor Cason, Commissioner Keon, Commissioner Lago, Commissioner
Quesada and Commissioner Slesnick
INVOCATION
Reverand Jorge R. Cotto from the Central Christian Church gave the Invocation.
PLEDGE OF ALLEGIANCE
Vice Mayor 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)
Ordinance(s) adopted (Ordinance No. 2016-48) (b) Resolution(s) adopted
(Resolution No. 2016-217 through Resolution No. 2016-226); (c) Video; (d) Audio
Recording; (e) Minutes Folder with Agenda and background information, including
items which were submitted at the meeting.
A. PRESENTATIONS AND PROTOCOL DOCUMENTS
A.-1. 16-5407 Presentation of the Coral Gables Neighborhood Safety Aide Program.
Attachments: CCMtg September 28 2016 - Agenda Item A-1 - Presentation of Coral Gables Neighborhood Safe
[Note for the Record: The verbatim transcript for Agenda Item A-1 is available for
public inspection in the Office of the City Clerk and in Legistar].
This Presentation/Protocol Document was Presented and Filed
City Clerk Item No. 1
A.-2. 16-5402 Presentation of a Proclamation declaring September 15, 2016 through October 15, 2016,
as "Hispanic Heritage Month in Coral Gables."
[Note for the Record: Following Mayor Cason’s reading the title to Agenda Item
A-2 (Presentation of a Proclamation declaring September 15, 2016 through October
15, 2016, as "Hispanic Heritage Month in Coral Gables.") Mayor Cason read the
proclamation.]
This Presentation/Protocol Document was Presented and Filed
City Clerk Item No. 2
City of Coral Gables Page 1
City Commission Meeting Minutes September 28, 2016
Time Certain 9:45am (Item A.-3.)
A.-3. 16-5385 Presentation of Proclamations to George Washington Carver Middle School and Sunset
Elementary School, in recognition of being awarded "Spain's School of the Year Award."
[Note for the Record: Following Mayor Cason’s reading the title to Agenda Item 3
(Presentation of Proclamations to George W. Carver Elementary School and Sunset
Elementary School, in recognition of being awarded "Spain's School of the Year
Award.") City Manager Catherine Swanson-Rivenbark stated that we have Naomi
Levi-Garcia, Government Affairs Manager here along with School-Community
Relations Chairman and representatives from both schools. Mayor Cason read both
proclamations.
Commissioner Keon mentioned the reputation of these Spanish Programs, and what
they bring to the community and how important they are to the children in the
Community. She said that you are truly a gift to us, and we want to help you and
honor you. School and Community Relations Committee Chairman Samuel Joseph
said, we are truly blessed to have these two internationally recognized schools. He
added that families are always asking how me can I get my child into one of these
schools. He stated that we are here to support you to maintain your schools
excellence.
Principal Marlene Leyte-Vidal of Sunset Elementary School stated it is a great
pleasure honor to be here, and represent are schools in terms of the incredible
program that has been offered for 30 years at Sunset Elementary and Carver Middle.
She further stated that the dynamic school community at Sunset Elementary is a
reflection of faculty and staff, but also the parent community and the community in
general. It’s a win-win situation for all. Principal Shelley Stroleny of George
Washington Carver Middle School, reiterated what Dr. Leyte-Vidal said, and added
I would like to thank you for honoring us, thank you what you do for us. Dr. Leonard
Grigo, Principal for District 3 of Miami-Dade Public Schools, thanked the City for
their support.]
This Presentation/Protocol Document was Presented and Filed
City Clerk Item No. 3
City of Coral Gables Page 2
City Commission Meeting Minutes September 28, 2016
A.-4. 16-5380 Congratulations to Officer Raul Sheran, recipient of the City of Coral Gables “Officer of the
Month Award,” for the month of August, 2016.
Attachments: NOMINATION - OFFICER OF THE MONTH AUGUST 2016 -SHERAN
COMMISSION COVER MEMO 9-28-16 - OFFICER OF THE MONTH AUGUST 2016 - SHERAN
[Note for the Record: Following Mayor Cason’s reading the title to Agenda Item 4
(Congratulations to Officer Raul Sheran, recipient of the City of Coral Gables
“Officer of the Month Award,” for the month of August, 2016). City Manager
Swanson-Rivenbark mentioned that Lt. Klaus Reinosa nominated Officer Sheran and
asked Chief Hudak to present this Award. Chief Hudak came forward and stated
that when Officer Raul Scheran was on patrol in the early morning hours of July 30,
2016 in the north-end of town he observed two bicyclists without their lights on,
which is in violation of state law. During the encounter, Officer Sheran discovered
that these subjects were carrying articles that did not seem to belong to them.
Subsequently, after impoundment and investigation it was discovered that Officer
Sheran came into contact with two of the car hoppers that have been stealing form
vehicles on the north-end of town. As a result of this action, there were three
additional arrests in the vehicle break-in case and we are still pursuing others.
Officer Sheran stated he was humbled and honored by this award, and happy to be a
part of the Coral Gables family. Chief Hudak further stated that Officer Sharen has
been with us only one year, but represents the excellent new officers were bringing
into the Department. He represents the future of the Department.]
This Presentation/Protocol Document was Presented and Filed
City Clerk Item No. 5
A.-5. 16-5403 Recognition of donation from Coral Gables IAFF Local 1210 and the Coral Gables
Firefighters Benevolent Association, comprised of funds raised from City Fire Department
employees, to Andra’s Hand, an organization dedicated to serving families affected by
autism in the South Florida community.
(Placed on the agenda by Commissioner Keon)
[Note for the Record: Following Mayor Cason’s reading the title to Agenda Item 5:
Recognition of donation from Coral Gables IAFF Local 1210 and the Coral Gables
Firefighters Benevolent Association comprised of funds raised from City Fire
Department employees, to Andra’s Hand, an organization dedicated to serving
families affected by autism in the South Florida community. (Placed on the agenda by
Commissioner Keon) Lt. David Perez spoke on behalf of the Fire Department and
the Coral Gables Firefighters Benevolent Association on this item. Lt. Perez thanked
City Attorney Leen on helping to put this item on the Agenda and Commissioner
Keon who sponsored the item. He stated that for two years the Fire Department has
engaged in a weight loss challenge. Lt. Perez recognized the Fire Department’s
City of Coral Gables Page 3
City Commission Meeting Minutes September 28, 2016
partners at the UN Wellness Center and introduced Eric and Deborah Lazarus along
with their son, from Andra’s Hand. He stated the first year of the Weight Loss
Challenge they raised $600 for the ING Run for the Something Better Program, and
now they have decided to donate $600 to Andra’s Hand, who runs a program called
Helping Hands. This program helps needy families with autistic children during the
holidays He introduced Eric and Deborah Lazarus from Andra’s Hand along with
their son Mathew. Mr. Lazarus stated they try to adopt 8 to 12 families with autistic
children and give them the Christmas they would normally not have. He added
further that firefighter’s donation is really big, because one more family we will be able
to help. Lt. Perez said that next year they would like to have a 90-day fitness
challenge with the Police Department. Commissioner Slesnick thanked the Fire
Department for their donation for “Relay for Life.” City Attorney Craig Leen
mentioned that the City has passed one of the most forward looking Resolutions in
regard to autistic children in the country.]
This Presentation/Protocol Document was Presented and Filed
City Clerk Item No. 6
B. APPROVAL OF MINUTES
None
City Clerk Item No. 7
City of Coral Gables Page 4
City Commission Meeting Minutes September 28, 2016
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 Keon, seconded by Vice Mayor Quesada,
to Adopt the Consent Agenda. The motion carried by the following vote:
Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Slesnick,
Commissioner Keon and Mayor Cason
RESOLUTION NO. 2016-218
C.-1. 16-5388 A Resolution to name the newly acquired park property located at 1015 Lisbon Street
with the name "Lisbon Park."
Attachments: Lisbon Park Renaming Resolution
Parks Advisory Board Minutes 8-26-2016
Lisbon Park Renaming Signed Cover Memo
Signed Resolution 2016-218
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL
GABLES, FLORIDA, NAMING THE PARK LOCATED AT 1015 LISBON
STREET, “LISBON PARK”.
This Matter was adopted by Resolution Number 2016-218 on the Consent Agenda.
City Clerk Item No. 8
RESOLUTION NO. 2016-219
C.-2. 16-5389 A Resolution authorizing the City to enter into an agreement with Gables Estates Club,
Inc., allowing Florida Power and Light to underground distribution facilities in the City's
right-of-way along Casuarina Concourse, with Gables Estates Club, Inc. agreeing to pay
the cost of the conversion project, indemnifying the City and agreeing to pay for
relocation, should it be necessary in the future.
Attachments: Signed Cover Memo - Gables Estates Club
Draft Resolution - Gables Estates Club
Indemnity Agreement
City-County Right-of-Way Agreement for Underground Conversions
Underground Facilities Conversion Agreement
Signed Resolution 2016-219
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT WITH GABLES ESTATES CLUB, INC. ALLOWING FLORIDA
City of Coral Gables Page 5
City Commission Meeting Minutes September 28, 2016
POWER AND LIGHT TO UNDERGROUND DISTRIBUTION FACILITIES IN
THE CITY'S RIGHT OF WAY ALONG CASUARINA CONCOURSE, WITH
GABLES ESTATES CLUB, INC. AGREEING TO PAY THE COST OF THE
CONVERSION PROJECT, INDEMNIFYING THE CITY AND AGREEING TO
PAY FOR RELOCATION SHOULD IT BE NECESSARY IN THE FUTURE.
This Matter was adopted by Resolution Number 2016-219 on the Consent Agenda.
City Clerk Item No. 9
RESOLUTION NO. 2016-220
C.-3. 16-5341 A Resolution accepting the recommendation of the Chief Procurement Officer to award
the Recordkeeping and Plan Administration contract for the 401(a) Defined Contribution
and 457(b) Deferred Compensation Plans to Nationwide Retirement Solutions, Inc ., the
most responsive-responsible proposer, in the amount of 0.06 percent annually on all plan
assets, for a five (5) year period with options to renew, pursuant to Section 2-828 of the
Procurement Code entitled “Contract Award” and Request for Proposals (RFP)
2016.03VF; should negotiations fail with the most responsive-responsible proposer,
negotiations shall commence with next most responsive -responsible proposer, until an
agreement and contract amount acceptable to the City has been reached.
Attachments: Evaluation Results
RFP Response
Consultant's Recommendation
Draft Resolution 401 457 Consolidation - Nationwide - 9-13-16
Signed Agenda Memo - 401 457 Consolidation - Nationwide 9-13-16
Draft Resolution 401 457 Consolidation - Nationwide - 9-28-16
PDF Signed Agenda Memo - 401 457 Consolidation - Nationwide 9-28-16 PLK
Signed Resolution 2016-220
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF
PROCUREMENT OFFICER TO AWARD THE RECORDKEEPING AND
PLAN ADMINISTRATION CONTRACT FOR THE 401(A) DEFINED
CONTRIBUTION AND 457(B) DEFERRED COMPENSATION PLAN
PROVIDER SERVICES CONTRACT TO NATIONWIDE RETIREMENT
SOLUTIONS, INC., THE MOST RESPONSIVE-RESPONSIBLE PROPOSER,
IN THE AMOUNT OF 0.06 PERCENT ANNUALLY ON ALL PLAN ASSETS,
FOR A FIVE (5) YEAR PERIOD WITH OPTIONS TO RENEW, PURSUANT
TO SECTION 2-828 OF THE PROCUREMENT CODE ENTITLED
“CONTRACT AWARD” AND REQUEST FOR PROPOSALS (RFP)
2016.03VF; SHOULD NEGOTIATIONS FAIL WITH THE MOST
RESPONSIVE-RESPONSIBLE PROPOSER, NEGOTIATIONS SHALL
COMMENCE WITH NEXT MOST RESPONSIVE-RESPONSIBLE
PROPOSER UNTIL AN AGREEMENT AND CONTRACT AMOUNT
ACCEPTABLE TO THE CITY HAS BEEN REACHED.
This Matter was adopted by Resolution Number 2016-220 on the Consent Agenda.
City Clerk Item No. 10
City of Coral Gables Page 6
City Commission Meeting Minutes September 28, 2016
RESOLUTION NO. 2016-221
C.-4. 16-5273 A Resolution authorizing an expenditure in the amount of $ 382,380, from Federal
Forfeited Asset Fund (F.A.F.) monies for law enforcement equipment; the purchase of a
Lenco BearCat, for utilization by the Coral Gables Police Department.
Attachments: FAF Requests Memorandum 08-05-2016
Signed Item Title Cover Memo-$382,380-Lenco BearCat-WORD
Resolution-$382,380-Lenco BearCat-WORD
09-28-16 Signed Item Title Cover Memo-$382,380-Lenco BearCat
09-28-16 Resolution-$382,380-Lenco BearCat
Signed Resolution 2016-221
A RESOLUTION AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF
$382,380 FROM FEDERAL FORFEITED ASSET FUND (F.A.F.) MONIES FOR
LAW ENFORCEMENT EQUIPMENT; THE PURCHASE OF A LENCO
BEARCAT FOR UTILIZATION BY THE CORAL GABLES POLICE
DEPARTMENT.
This Matter was adopted by Resolution Number 2016-221 on the Consent Agenda.
City Clerk Item No. 11
1. Presentation of Boards and/or Committees minutes requesting no action from the
City Commission:
1.-1. 16-5377 Coral Gables Merrick House Governing Board Meeting of May 9, 2016.
Attachments: Merrick House Minutes May 9 2016
05.09.16MinutesforCC09.28.16
This Matter was approved on the Consent Agenda.
City Clerk Item No. 12
1.-2. 16-5378 Historic Preservation Board Meeting of July 21, 2016.
Attachments: HPB - July 21 2016 Minutes
HPB.07.21.16MinutesforCC09.28.16
This Matter was approved on the Consent Agenda.
City Clerk Item No. 13
1.-3. 16-5379 Historic Preservation Board Meeting of August 18, 2016.
Attachments: HPB - August 18 2016 Minutes
HPB.08.18.16MinutesforCC09.28.16
This Matter was approved on the Consent Agenda.
City Clerk Item No. 14
City of Coral Gables Page 7
City Commission Meeting Minutes September 28, 2016
1.-4. 16-5404 International Affairs Coordinating Council Meeting of August 16, 2016.
Attachments: cover letter 8-16-2016
IACC-Minutes of Aug 16 2016
This Matter was approved on the Consent Agenda.
City Clerk Item No. 15
1.-5. 16-5321 Parks and Recreation Advisory Board Minutes of August 26, 2016.
Attachments: Parks & rec Advisory Board meeting minutes August 26 2016
Parks & rec Advisory Board Cover page Aug 26, 2016
This Matter was approved on the Consent Agenda.
City Clerk Item No. 16
1.-6. 16-5381 Retirement Board Special Meeting of June 30, 2016.
Attachments: Minutes 06-30-2016 special meeting
CC.09-28-2016.June 30, 2016
This Matter was approved on the Consent Agenda.
City Clerk Item No. 17
1.-7. 16-5382 Retirement Board Meeting of August 11, 2016.
Attachments: Minutes 08-11-2016
CC.09-28-2016.August 11, 2016
This Matter was approved on the Consent Agenda.
City Clerk Item No. 18
D. PERSONAL APPEARANCES
None
City Clerk Item No. 19
City of Coral Gables Page 8
City Commission Meeting Minutes September 28, 2016
E. PUBLIC HEARINGS
ORDINANCES ON SECOND READING
ORDINANCE NO. 2016-48
E.-1. 16-5340 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 11, “Historic Preservation: Designations and Certificates of
Appropriateness;” Article 5, “Development Standards,” Division 24, “Walls and fences;”
and, Article 8, “Definitions” amending criteria for designating historic landmarks and
districts, clarifying wood fence requirements, and adding a definition for historic integrity;
providing for a repealer provision, severability clause, codification, and providing for an
effective date. (01.11.16 HPB recommended approval; Vote 8-0) (07.13.16 PZB
recommended approval; Vote 7-0)
Attachments: 09 13 16 Exhibit A - Draft Ordinance
09 13 16 Exhibit B - 07.13.16 Staff report and recommendation with attachments
09 13 16 Exhibit C - Excerpts of 07.13.16 Planning and Zoning Board meeting minutes
09 13 16 Signed CC Cover Memo - Historic Preservation Regulations ZC Text Amendment 1st re
Exhibit A - Draft Ordinance - 09-28-16
09 28 16 Signed CC Cover Memo - Historic Preservation Regulations ZC Text Amendment 2nd re
Signed Ordinance 2016-48
CCMtg September 13 2016 - Agenda Item E-2 - Zoning Code Text Amendment Development Rev
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
11, “HISTORIC PRESERVATION: DESIGNATIONS AND CERTIFICATES OF
APPROPRIATENESS;” ARTICLE 5, “DEVELOPMENT STANDARDS,”
DIVISION 24, “WALLS AND FENCES;” AND, ARTICLE 8, “DEFINITIONS”
AMENDING CRITERIA FOR DESIGNATING HISTORIC LANDMARKS AND
DISTRICTS, CLARIFYING WOOD FENCE REQUIREMENTS, AND ADDING
A DEFINITION FOR HISTORIC INTEGRITY; PROVIDING FOR REPEALER
PROVISION, SEVERABILITY CLAUSE, CODIFICATION, AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion was made by Vice Mayor Quesada, seconded by Commissioner Lago,
that this matter be adopted by Ordinance Number 2016-48. The motion passed by
the following vote.
Yeas : 5- Commissioner Slesnick, Commissioner Keon, Commissioner Lago,
Commissioner Quesada and Mayor Cason
City Clerk Item No. 20
City of Coral Gables Page 9
City Commission Meeting Minutes September 28, 2016
RESOLUTION NO. 2016-266
E.-2. 16-5215 An Ordinance of the City Commission of Coral Gables, Florida providing for a text
amendment to the City of Coral Gables Official Zoning Code, amending Article 3,
“Development Review,” Division 21, “Art in Public Places Program,” Section 3-2103, “Art
in Public Places Fund Requirements, Waivers, and Exemptions,” Section 2104
“Administration,” and Section 3-2105 “Enforcement,”; clarifying the ordinance by utilizing
the words “alternative options” in lieu of the word “waivers,” modifying procedures of the
Art in Public Places Program; providing a repealer provision, severability clause,
codification, and providing for an effective date.
Attachments: AiPP ORD Amend DRAFT
2016-92 Res to Amend
CDB Minutes August 2 2016 EXCERPT re AiPP
CCover 08.23.16 AiPP ORD.Signed Cover Memo
AiPP fee estimate
Area AiPP programs
CCover Signed 09.28.16 AiPP ORD 2nd Reading
AiPP ORD Amend DRAFT - 2nd Reading
Signed Resolution 2016-222
AiPP ORD Amend Second Reading DRAFT.2
Signed Cover Memo - Art in Public Places - Second Reading
Signed Resolution 2016-266
CCMtg Nov 15 2016 - Agenda Items E-2, E-4, E-9 - Ordinances amending Art in Public Places Pr
CCMtg September 28 2016 - Agenda Item E-2 - Ordinance on Second Reading providing for text
Verbatim Transcript - CCMtg August 23 2016 - Agenda Item E-4 and H-1 are related Text Amend
A RESOLUTION OF THE CITY COMMISSION APPROVING THE
CONTINUANCE OF AGENDA ITEM E-2 [SUBJECT MATTER: AN
ORDINANCE PROVIDING FOR TEXT AMENDMENTS TO THE CITY OF
CORAL GABLES OFFICIAL ZONING CODE, ARTICLE 3, “DEVELOPMENT
REVIEW,” DIVISION 11, “HISTORIC PRESERVATION: DESIGNATIONS AND
CERTIFICATES OF APPROPRIATENESS;” ARTICLE 5, “DEVELOPMENT
STANDARDS,” DIVISION 24, “WALLS AND FENCES;” AND, ARTICLE 8,
“DEFINITIONS” AMENDING CRITERIA FOR DESIGNATING HISTORIC
LANDMARKS AND DISTRICTS, CLARIFYING WOOD FENCE
REQUIREMENTS, AND ADDING A DEFINITION FOR HISTORIC
INTEGRITY] TO THE CITY COMMISSION MEETING SCHEDULED FOR
OCTOBER 11, 2016.
[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 Vice Mayor Quesada, seconded by Commissioner Lago,
that this matter be deferred by Resolution Number 2016-266. The motion passed
by the following vote.
Yeas : 5- Commissioner Keon, Commissioner Lago, Commissioner Quesada,
Commissioner Slesnick and Mayor Cason
City Clerk Item No. 21
City of Coral Gables Page 10
City Commission Meeting Minutes September 28, 2016
ORDINANCES ON FIRST READING
ORDINANCE NO. 2016-54
E.-3. 16-5339 An Ordinance of the City Commission of Coral Gables, Florida providing for a text
amendment to the City of Coral Gables Official Zoning Code, Article 4, “Zoning Districts,”
Division 1, “Residential Districts,” Section 4-101, “Single-Family Residential District,”
Section 4-102, “Multi-Family 1 Duplex District,” Section 4-103, “Multi-Family 2 District,”
Section 4-104, “Multi-Family Special Area District,” Section 4-204, “Special Use District,”
Section 4-301, “Commercial Limited District,” Section 4-302, “Commercial District,” and
Section 4-303, “Industrial District;” adding city parks as a permitted principal use for
properties with single-family, multi-family, special use, commercial and industrial zoning
designations; providing a repealer provision, severability clause, codification, and
providing for an effective date. (08 10 16 PZB recommended approval; Vote 5-0)
Attachments: Exhibit A - Draft Ordinance
Exhibit B - 08 10 16 Staff Report and recommendation with attachments
Exhibit C - Excerpts of 08 10 16 PZB Meeting Minutes
9 28 16 Signed CC - Parks as Permitted Principal Use ZC Text Amendment 1st reading
10 25 16 Exhibit A - Draft Ordinance
10 25 16 Signed CC Cover Memo - Parks as Permitted Principal Use ZC Text Amendment 2nd R
Signed Ordinance 2016-54
CCMtg October 25 2016 - Agenda Item E-4 - Ordinance providing for text amendment to Zoning C
CCMtg September 28 2016 - Agenda Item E-3 - Ordinance providing for text amendment Zoning
[Note for the Record: The verbatim transcript for Agenda Item E-3 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Vice Mayor 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 Slesnick, Commissioner Keon,
Commissioner Lago and Mayor Cason
City Clerk Item No. 23
City of Coral Gables Page 11
City Commission Meeting Minutes September 28, 2016
ORDINANCE NO. 2016-49
E.-4. 16-5241 An Ordinance of the City Commission of Coral Gables, Florida providing for text
amendments to the City of Coral Gables Official Zoning Code, by amending Article 5,
“Development Standards,” amending Section 5-2601, “Bed and Breakfast
establishments” to modify the existing Bed and Breakfast establishments standards and
criteria to allow for viable Bed and Breakfast establishments; providing for a repealer
provision, severability clause, codification, and providing for an effective date. ( 07.13.16
PZB recommended approval; Vote 7-0)
Attachments: Exhibit A 09.28.16 CC 1st Reading - Draft Ordinance - Bed and Breakfast
Exhibit B Bed and Breakfast Zoning Code Text Amendment Staff Report and Attachments _ 07.13
Exhibit C 07.13.16 Planning and Zoning Board Meeting Minutes
Exhibit D 09.28.16 City Commission Powerpoint Presentation
09 28 16 Signed CC Bed and Breakfast Zoning Code Text Amendment 1st Reading
10 11 16 Signed CC Bed and Breakfast Zoning Code Text Amendment 2nd Reading
Exhibit A 10.11.16 CC 2nd Reading - Draft Ordinance - Bed and Breakfast
Division 26. Bed and Breakfast Establishments
Signed Ordinance 2016-49
CCMtg October 11 2016 - Agenda Item E-2 - Ordinance providing for text amendments to Zoning
CCMtg September 28 2016 - Agenda Item E-4 - Ordinance providing for text amendments to Zon
[Note for the Record: The verbatim transcript for Agenda Item E-4 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Lago, seconded by Vice Mayor Quesada,
that this matter be approved as an Ordinance on First Reading. The motion
passed by the following vote.
Yeas : 5- Commissioner Slesnick, Commissioner Keon, Commissioner Lago,
Commissioner Quesada and Mayor Cason
City Clerk Item No. 24
F. CITY COMMISSION ITEMS
RESOLUTION NO. 2016-217
F.-1. 16-5395 A Resolution urging Governor Rick Scott and the Florida Department of Health to
implement an alternative testing method for detecting and treating the Zika virus.
(Sponsored by Commissioner Keon)
Attachments: Dr. Stevenson Assay - Zika Virus Infection
Signed Cover Memo V2- 09-28-16 - Alternative Testing for Detecting and Treating the Zika Virus
Draft Resolution - Alternative Testing for Detecting and Treating the Zika Virus - V2
Signed Resolution 2016-217
A RESOLUTION URGING GOVERNOR RICK SCOTT AND THE FLORIDA
DEPARTMENT OF HEALTH TO IMPLEMENT AN ALTERNATIVE TESTING
METHOD FOR DETECTING AND TREATING THE ZIKA VIRUS.
A motion was made by Commissioner Keon, seconded by Commissioner Lago,
that this matter be adopted by Resolution Number 2016-217. The motion passed
by the following vote.
City of Coral Gables Page 12
City Commission Meeting Minutes September 28, 2016
Yeas : 5- Commissioner Keon, Commissioner Lago, Commissioner Quesada,
Commissioner Slesnick and Mayor Cason
City Clerk Item No. 4
RESOLUTION NO. 2016-225
F.-2. 16-5401 A Resolution of the City Commission of the City of Coral Gables, Florida, Censuring
American Airlines, JetBlue, Spirit and all airlines engaging in National Origin
Discrimination by flying to Cuba, and urging them to discontinue these flights, given that
Cuba does not allow Cuban-born flight crew members to stay overnight on the Island, and
urging the Miami-Dade County Board of County Commissioners to consider denying
these Airlines access to and use of the Miami International Airport for any flights where
National Origin Discrimination is occurring.
(Sponsored by Commissioner Lago)
Attachments: Signed Cover Memo - National Origin Discrimination
Draft Resolution - National Origin Discrimination
Signed Resolution 2016-225
CCMtg September 28 2016 - Agenda Item F-2 - Reso censuring American Airlines-JetBlue-Spirit
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL
GABLES, FLORIDA, CENSURING AMERICAN AIRLINES, JETBLUE, SPIRIT
AND ALL AIRLINES ENGAGING IN NATIONAL ORIGIN DISCRIMINATION BY
FLYING TO CUBA, AND URGING THEM TO DISCONTINUE THESE FLIGHTS,
GIVEN THAT CUBA DOES NOT ALLOW CUBAN- BORN FLIGHT CREW
MEMBERS TO STAY OVERNIGHT ON THE ISLAND, AND URGING THE
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO
CONSIDER DENYING THESE AIRLINES ACCESS TO AND USE OF THE
MIAMI INTERNATIONAL AIRPORT FOR ANY FLIGHTS WHERE NATIONAL
ORIGIN DISCRIMINATION IS OCCURRING.
[Note for the Record: The verbatim transcript for Agenda Item F-2 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Slesnick, seconded by Commissioner
Keon, that this matter be adopted by Resolution Number 2016-225. The motion
passed by the following vote.
Yeas : 4- Commissioner Quesada, Commissioner Slesnick, Commissioner Keon
and Commissioner Lago
Abstentions : 1- Mayor Cason
City Clerk Item No. 29
City of Coral Gables Page 13
City Commission Meeting Minutes September 28, 2016
RESOLUTION NO. 2016-224
F.-3. 16-5400 Discussion item expressing support for prohibition on hourly room rates for hotels and
other overnight accommodations in Coral Gables as indicated in City Attorney Opinion
2016-064.
(Sponsored by Commissioner Lago)
Attachments: City Attorney Opinion 2016-064
CCMtg September 28 2016 - Agenda Item F-3 - Discussion item expressing support for prohibition
[Note for the Record: The verbatim transcript for Agenda Item F-3 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Vice Mayor Quesada, seconded by Commissioner
Slesnick, that this matter be adopted by Resolution Number 2016-224. The motion
passed by the following vote.
Yeas : 5- Commissioner Keon, Commissioner Lago, Commissioner Quesada,
Commissioner Slesnick and Mayor Cason
City Clerk Item No. 25
G. BOARDS/COMMITTEES ITEMS
None
City Clerk Item No. 30
H. CITY MANAGER ITEMS
None
City Clerk Item No. 31
City of Coral Gables Page 14
City Commission Meeting Minutes September 28, 2016
I. CITY ATTORNEY ITEMS
Time Certain 11:00am (Item I.-1.)
RESOLUTION NO. 2016-223
I.-1. 16-5390 Presentation of Sea Level Rise White Paper.
Attachments: Threat of Sea Level Rise Presentation
Memorandum - White Paper on Legal Considerations Surrounding Sea Level Rise
Signed Resolution 2016-223
CCMtg September 28 2016 - Agenda Item I-1 - Presentation of Sea Level Rise White Paper
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL
GABLES, FLORIDA, FORMALLY ACCEPTING THE SEA LEVEL RISE WHITE
PAPER AND AUTHORIZING FUTURE AMENDMENTS TO THE PAPER.
[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 Vice Mayor Quesada, seconded by Commissioner Lago,
that this matter be adopted by Resolution Number 2016-223. The motion passed
by the following vote.
Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Slesnick,
Commissioner Keon and Mayor Cason
City Clerk Item No. 22
I.-2. 16-5393 Charter Review Items - Information regarding upcoming November Ballot.
Attachments: CCMtg September 28 2016 - Agenda Item I-2 - Charter Review Items - Information regarding upc
[Note for the Record: The verbatim transcript for Agenda Item I-2 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. 27
I.-3. 16-5398 Status Report regarding pending Nuisance Abatement/Abandoned Property Matters.
Attachments: Abandoned Real Property Matters
CCMtg September 28 2016 - Agenda Item I-3 - Status report regarding pending Nuisance Abatem
[Note for the Record: The verbatim transcript for Agenda Item I-3 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. 26
City of Coral Gables Page 15
City Commission Meeting Minutes September 28, 2016
I.-4. 16-5392 Request for Executive Session (if any).
Attachments: CCMtg October 11 2016 - Agenda Item I-3 - Request for Executive Session and also Report on Ju
This Agenda Item was Discussed and Filed
City Clerk Item No. 28
J. CITY CLERK ITEMS
None
City Clerk Item No. 32
K. DISCUSSION ITEMS
Mayor Cason: Alright, let’s go onto Discussion Items, starting with Commissioner
Keon.
Commissioner Keon: At some point, I would like the Manager just to be able to give
us an update on the access to the dog park at Matheson; the County’s where they are
with that, at some point, if you could…
City Manager Swanson-Rivenbark: We’ll reach out and look at it.
Commissioner Keon: If you could just tell us where we are with that. Also, on this
resolution on Zika, if you would distribute that also to the County and to, particularly
to the three County Commissioners that represent us, to the Clerk, and the
Governor’s office and the Miami Herald, who I’m kind of disappointed because all
we keep seeing in the paper is that the County, our area has done nothing with regard
to Zika, and I think that we have been very proactive with regard to this issue - talk to
the Miami Herald. That’s all, thank you.
Commissioner Lago: Madam City Manager, can you request from the Parks
Department, I’ve gotten several e-mails, I imagine everyone else has in reference to
William Kerdyk Family Park that maybe there could be some play equipment, some
very small play equipment. They are not asking for anything huge, they don’t want
anything unsightly, they just want some simple play equipment and it all comes from
residents who are, a lot of them are grandparents that live in the area.
Mayor Cason: Are they unified on it?- because usually when you get…
Commissioner Lago: I’m asking for a little bit more discovery.
Vice Mayor Quesada: What it sounds like is a few neighbors have gotten together
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City Commission Meeting Minutes September 28, 2016
and discussed it and that’s what we are hearing right now.
Commissioner Lago: Yes and I’m hearing, so I think we are all getting that and they
are talking about something like a swing set or something just so the kids can enjoy it.
City Manager Swanson-Rivenbark: And so since we brought the neighborhood
together to discuss improvements in the past, we’ll bring neighborhood together again.
Commissioner Lago: Or maybe just give us a quick e-mail saying this is what the
neighborhood wanted unanimously or didn’t want.
City Manager Swanson-Rivenbark: But neighborhoods grow and they change and so
there could be new kids and younger kids.
Commissioner Lago: Like I can tell you for Lisbon, 70 people showed up to that
meeting, I was there, one person asked for a basketball court; there was almost a riot
that started when they said we want a passive park.
City Manager Swanson-Rivenbark: But the age changes for what the neighborhood
needs are. We’ll reconvene them and we’ll understand though that the request is for
play equipment.
Commissioner Lago: And I have two more issues really quickly - Waterway Advisory
Board, they are looking for some more active participants, we’ve had some people
miss meetings, my appointment is the Chairman of that Waterway Advisory Board,
they have a lot of great ideas, they are very active. Certain people have not been
attending the meetings and also those open positions, they are looking for people who
are obviously Coral Gables residents in more of the south area, more in the south
area, you know Gables Estates, Gables By The Sea, so if you know anybody that’s
interested, please.
Mayor Cason: That reminds me that, we are not seeing any minutes from that
meeting.
Commissioner Slesnick: That’s what I was going to say.
Commissioner Lago: Because they haven’t had a quorum.
Commissioner Slesnick: They don’t have a quorum?
Mayor Cason: The secondary issue is right now our ordinances say if you miss three,
if you have three absences, not excused, you are automatically out, no discussion
within a year, but the only way we know and can monitor who’s not attending and
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City Commission Meeting Minutes September 28, 2016
who we need to replace is by having some kind of - even if there was no meeting
minutes who has not shown up for several attempted meetings so we can say I’m
going to move that person or put somebody else in.
City Manager Swanson-Rivenbark: We appreciate know, I wasn’t aware of that,
we’ll follow up.
Commissioner Lago: And the last point is this, I have a resident in the City of Coral
Gables, I think you know him; he is waiting anxiously for the tree succession plan. He
saw that they planted about a block away, he says look, I don’t want the tree, and I
don’t want the City to plant my tree. Whatever the required species is for that area, I
would like to plant my own tree and just pay for a larger tree. So what I thought to
myself was can we just have staff look into it. I know that currently there’s been a
little bit of an issue in regards to, do we plant the certain caliber and size tree that is
designated for that area?- but in my opinion, if a resident is willing to pay for the tree,
number one, and we can plant that proposed tree in another area of the City and save
the money and they would like to plant a tree ten times the size out of their own
pocket, the City has no involvement, I don’t see any harm or any foul, as long as if
that area is supposed to be an oak tree they plant an oak tree, if that area is supposed
to be a mahogany, it’s supposed to be a mahogany planted, whatever is called and
designated for that area, they have to follow that protocol, but I think the City is going
to save money and a taxpayer is willing to plant a tree just as a larger caliber, there is
no harm no foul.
Commissioner Slesnick: We used to have that policy too when we planted along
North Greenway, because we had nothing but palms is that you were getting a certain
kind of tree, but you could pay $150 extra to get a three foot high or four foot higher
tree.
Commissioner Lago: But the great part about it is he said listen, every resident I’ve
spoken to is super excited about tree succession. He just told me Vince, I don’t have
any trees in my front yard, everybody else does and I want some shade for my car, I
want some shade for my kids to play in the front yard. I’ll pay for it, I don’t care if it
cost ten times.
Commissioner Slesnick: But the City would plant it, but he would pay for it.
Commissioner Lago: No, no, he would plant it too.
Mayor Cason: May be the planting part might be a problem because the distance
from the sidewalk and all of that.
City Manager Swanson-Rivenbark: I appreciate it. We are going to figure out that
City of Coral Gables Page 18
City Commission Meeting Minutes September 28, 2016
solution. I think that we would prefer to plant it because we have a talented crew,
we’ve got the desire to have a bigger tree and his willingness to pay for it, and we’ll
figure out that solution.
Mayor Cason: I think it’s good.
Commissioner Lago: Great solution.
Mayor Cason: Anything else?
Commissioner Lago: That’s it.
Mayor Cason: Vice Mayor.
Vice Mayor Quesada: No items.
Commissioner Slesnick: I was just asking about the dog park too. If our Parks
Department could follow up on the dog park down on Chapman Field.
City Manager Swanson-Rivenbark: Both dog parks we’ll follow up with.
Mayor Cason: One thing I have and I’d like to know where we are with buttons.
Commissioner Slesnick: Now we have little sticks with red dots on it.
Mayor Cason: When we started this discussion with buttons, we had pyramids, we
had all different size buttons, we had flags, we’ve had reflectors, and we’ve had
yellow flags, red flags. Now some of them are there because the sod needs to - when
you plant sod that’s fine, but we’ve given a lot of extensions and I would just like to
make sure that we have a plan now, we just go take the other ones out.
City Manager Swanson-Rivenbark: Understand - so why don’t we present that at our
next meeting?
Commissioner Keon: Can I ask Mayor Cason to; in the discussion there was some
discussion about no parking signs that seem to never become part of whatever the
policy is. Can you speak or reiterate what you had asked for or how you feel about
the no parking signs as well.
Mayor Cason: Well, we always want to have fewer signs possible for clutter. I think
that has always been an option in certain places, but I thought the idea was to leave a
range of options on people that can make the case where they don’t want people to
park in front on the City swale in front of their property, a condo or something, I think
City of Coral Gables Page 19
City Commission Meeting Minutes September 28, 2016
we had that with Dorothy Thomson’s building, there were some other solutions and if
we don’t allow buttons then what else?- everything from gravel to artificial turf.
Commissioner Keon: What about the proliferation of no parking signs?- do you want
- in the residential areas that are not affected by commercial intrusion do we continue
to allow them to have no parking signs?
Mayor Cason: I think there are a couple of elements, sometimes neighbors have
gotten together and said we want a no parking sign for some reason.
Commissioner Slesnick: Because it’s near schools.
Mayor Cason: We have to look at those.
Commissioner Lago: That’s what I’m going to tell you right now and Peter and the
City Manager have had several meetings, I’m not going to mention their names, but
there are several residents that right now and I recommend that you speak to Mr.
Iglesias and I think Naomi was in the meeting, near Sunset Elementary.
Commissioner Keon: Yes.
Commissioner Lago: Great institution, great institution. He is an attorney and the
neighbors that I met with and what they have gone through and I’ve been there, I’ve
been on site at 8:30 in the morning, what they have to go through from non-residents,
again, we welcome everyone, we are happy that you are here in the City, but these
are non-residents, the amount of garbage, garbage that is thrown out in their yard,
number one; number two, and they have an issue with Riviera Retirement Home…
Commissioner Slesnick: The staff parking.
Commissioner Lago: Correct, the staff parking for the Riviera Rehab Center, they are
parking all up and down that street and then when you see the amount of people that
literally, so they don’t want to wait the line on Sunset to get into like you have to do,
they’ve set up a great in and out for the school for the parents, they don’t want to
wait, so what they do is they park in all these residential neighborhoods where the
signs are knowing that they are going to run five minutes, drop their kid off, there is
not enough time and they peel out. So what I thought instead of having that type of
visual pollution of signs, again, for certain areas that are highly affected, maybe there
could be some sort of curb some sort of well done or designed curb. It’s a discussion
because again, if you don’t put up signs they don’t honor the signs. If you put up the
buttons, they don’t honor the buttons either because the buttons just become a
disaster. So people who are taking their time to fix their swales, they are hit in the
morning and they are hit in the afternoon and it’s repetitive, over and over and over,
City of Coral Gables Page 20
City Commission Meeting Minutes September 28, 2016
and it’s from people who don’t live in the City.
Commissioner Slesnick: Did you get the letter from the homeowner who somebody
was parking in the driveway behind their car to go pick the child up - in the driveway.
Commissioner Lago: Madam Commissioner, I was on site, I was on site and there
was a resident that said, look at my swale.
Commissioner Slesnick: But I’m talking in their driveways.
Commissioner Lago: But this is even better, he goes look at my swale. I’m there
looking at his swale, it’s destroyed. He goes, watch, just watch; they see a full-fledge
City meeting going on in the corner behind where that school is, about a block off
Sunset…
Commissioner Keon: Riviera Drive.
Commissioner Lago: No, that little school…right there and they see that there is a
meeting going on and you see a parent just drive into this person’s swale, tearing up
the swale.
Mayor Cason: Into the swale in front of that person’s home.
Commissioner Lago: And we are sitting - but again, you have to maintain it, you have
to see it every day, and every time that he tells me, look I plant grass constantly,
quarterly and they destroy it. It gets to the point where I’m going to sell my home and
I’m going to move to another part of the Gables so I don’t have to deal with this
every day.
Mayor Cason: We discussed this before as on option for certain areas, perhaps
curbs, but I think in terms of, and we discussed earlier about signs like “no dumping”
signs, which why are they there, nobody dumps. If they are going to dump they are
not going to care about the sign.
Commissioner Lago: Just so you know, the area of garbage and Peter can attest to
this, the area where there is a lot of garbage there is a “no dumping” sign.
Mayor Cason: So it seems to me in general, the fewer “no parking” “no dumping”
signs, particularly if the “no parking” sign was put up because a neighbor just decided
they didn’t want any of those people to park in front of their house.
Commissioner Lago: But the issue with the curbs and I’ve talked to staff about it was
that staff was not, didn’t really view that as an option to address the problem, and I’m
City of Coral Gables Page 21
City Commission Meeting Minutes September 28, 2016
willing to do everything, but I’m willing to listen, but when the signs don’t work, when
the trees on the City owned swales don’t work, when the buttons don’t work, either
we are going to plant a cop there in the morning and in the afternoon…
Mayor Cason: Or a curb.
Commissioner Lago:…or we are going to put a curb, because it’s just quality of life. I
know they decided to live there, but if you have Sunset Elementary which has a drop
of and pick-up and they are telling the parents they have to adhere to it, you are not
going to penalize the school for not forcing the parents. How do you do this?- you
need to provide these residents who live in the City of Coral Gables some form of
quality of life and if it’s a curb it’s a curb.
Mayor Cason: So to your question, I think that if, we’ve left it to staff on certain
occasions to come up with a solution, whether it’s a “no parking” sign, whether alright
the buttons there do work, but in general I don’t think that - nobody knows why that
“no parking” sign is there, that dumping sign.
City Attorney Leen: There is an ordinance, there is an ordinance that you adopted
about buttons that applies to any encroachments in the right-of-way and what it calls
for, and that’s the closest one to the “no parking” signs…
Commissioner Keon: But when I’ve asked about no parking signs because there is
one particular in the French Village that there is a resident who just doesn’t want
anybody to park on his swale in front of their home. There isn’t any other parking
there other than they just don’t want anybody to park there and the other people have
asked about it; and I asked about it and the way that it was being applied it was not
being applied to no parking sign, so that’s why I’m asking you to, and I said I thought
in your discussion that would apply to no parking signs in areas where there isn’t
some other intrusion, but only because nobody wants anybody to park there.
City Attorney Leen: But there are two legal issues. First is do you want staff and to
what discretion do you want them to have to go backwards an existing “no parking”
sign, do you want them to apply that ordinance. In addition, the ordinance talks about
other encroachments, so I was asked legally how do we evaluate no parking signs. I
believe that staff evaluates them the same way we would evaluate buttons, which is
that it looks to see if there is a public purpose to having…
Mayor Cason: Yes, I think that’s the key, the public versus the private, because
we’ve had for many years people who just said well, the swale is mine, the neighbor
parks, he has lots of parties, he parks in front, I don’t want them, put a no parking
sign, I don’t have parties. That needs to go, but if it’s a public purpose - usually its
along major like on Douglas.
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City Commission Meeting Minutes September 28, 2016
City Attorney Leen: You’ve given the City Manager and the City Commission has
both had the authority to approve that, so that’s the way that the current ordinance
reads.
Commissioner Keon: So that means that ones that are existing can be removed.
Mayor Cason: Could be removed if it doesn’t serve the public purpose, and maybe
the person who asked for the sign be put there moved ten years ago and the sign is
still there, nobody knows why it’s there. I don’t have any - I don’t know how many
no parking signs we have, that might be hard to figure it out, but I would think just the
guidance would be if there is no public purpose for that sign just as somebody said, I
don’t want my neighbor parking there with all these damn parties, that should go, that
should go. It reduces the sign pollution and it establishes a principal that says this is
City property, open to everyone, we all have parties from time to time somebody will
park.
City Manager Swanson-Rivenbark: And that’s the consensus of the Commission, so
we will absolutely do that. If there is no public purpose that is being served, not
approximate to a school that we…individual might have a sign and no one else has a
sign in their area and we see no public purpose then we have the authority.
Mayor Cason: And look at the idea of curbs in certain areas as part of the solution.
Commissioner Lago: I’m happy that came from the Mayor. I really want to cement; I
need staff, I know staff is against curbs, I know they are, please take into
consideration the residents and I welcome you if you’d like if staff would like to come
with me and enjoy a good morning, I’ll teat you to a coffee, we can go and watch the
amount of people that are disrespecting the residents in the City. I’m telling you, if I
lived in that area and I had to deal with that, I don’t know what I would do; and then
the answer is always well guess what, you knew when you were moving in - well
guess what if you are a realtor, guess what if your realtor wasn’t really that
professional because everybody is not perfect and they made a mistake and they
showed you that house at 2 o’clock in the afternoon and you didn’t realize that the
amount of people parking in the residential area is three and four blocks deep, three
or four blocks deep and they are invading the neighborhoods. That’s a problem; and
what you are going to end up having, is you are going to have an altercation one day
in someone’s yard, from my understanding from the gentleman that we are meeting
with, I think next week and we met with last week, he’s already told us that people
have gotten very confrontational about that and you shouldn’t have to deal with that.
You shouldn’t be blocked in your driveway waiting to get out and there is no car
there because the person went to drop their child off. That’s just lack of respect for
your common neighbor.
City of Coral Gables Page 23
City Commission Meeting Minutes September 28, 2016
Mayor Cason: The next meeting that if you would report back on the buttons
situation, how many we’ve gotten rid of and where we are. I don’t have anything
else.
City Attorney Leen: I do have one thing to say. I do think and this is a legal
perspective too, because we get a lot of complaints, I do think that you need to, I
believe I should say I recommend that you give the City Manager though at least a
degree of administrative discretion where if she believes that the parking sign should
be there, that she can do it.
Commissioner Lago: We did that, but that’s not the answer here. The answer here is
that they are not respecting and there is a complete lack of consideration from the
individuals that are doing these drop-offs. The parking signs, guys the parking signs
don’t work, they don’t work. If you want let’s go tomorrow and I’ll show you.
City Manager Swanson-Rivenbark: And this issue came up with San Antonio,
remember we couldn’t by a 24,000 square foot property because the neighbors had
been assaulted by people parking on their swale waiting for pick-up. So I think what
you’ll see is, we will come back with a school zone protection area for the residents
that live near schools. We’ll have to figure it out.
Commissioner Lago: And I’m happy you brought that up on San Antonio, that was a
beautiful almost more than a half an acre parcel of land that we could have made into
a park and the neighbors were just so fearful that if we bought that and made that into
public space that it would be so many people congregating and parking there that they
decided instead of having an open piece of property on their neighborhood, they said
no, let’s not even have it, because they are so fearful.
Mayor Cason: Before we close again, there is one thing that we discussed previous
years and I don’t know what the status is. We’ve always been trying to encourage the
School Board to remove the chain link fence in front of Coral Gables High School.
We’ve got bond issues now, we’ve got more money, I don’t know how we address
that, but it doesn’t fit our Zoning Code, I know it’s their property, but can we get, can
we have a solution to replace that ugly chain link fence with something.
Commissioner Lago: From my recollection it was part of the development agreement
of a proposed project which was scrapped, which was called the Collection
Residents. I think that they had part of their development agreement included that they
were going to do a mural with an artist and that they were going to do an actual wall,
which would be decorated in Mediterranean style and that was their contribution in
regards to Art in Public Places, and that got scrapped when that project is no longer
moving forward, along with the similar project next to which is a modern motif next to
City of Coral Gables Page 24
City Commission Meeting Minutes September 28, 2016
Nordstrom’s.
Mayor Cason: Maybe keep that in mind as the thing we want if that project, The
Collection is redeveloped by somebody else.
City Attorney Leen: My item is that we and I just present it to you today because
we’ve had it back and forth with the County and it’s something that I believe that
you’ll support, but I wanted to just bring it to you because it will help us in interacting
with the County. This involves Bahamian Village LLC - we received this letter from
the County which I found to be very peculiar letter, because it basically - even though
everyone knows that the community center is being built and the City has been
expediting all reviews consistent with your resolution and the City has been taking all
administrative actions it can to facilitate, including the waiver of fees where
appropriate under law, etc., we’ve been doing all those things; we received this letter
that was forwarded to us because the County knows that the community center is
being built and that we are also working on helping to facilitate the commercial
component which serves the public purpose to be put there, and we received this
letter from the County saying that this letter is to inform you that the County does not
consent to any construction or other activity on the property absent a signed
agreement to stay. Even though they know that we’ve been doing this and we met
with the Mayor and the Deputy Mayor and they told us to move forward. So I’ve
objected.
Mayor Cason: Sounds like mattress mice not knowing what’s going on.
City Attorney Leen: Maybe, but I just wanted to raise this to your attention. I’m
planning to take a fairly strong position along with Peter Iglesias, who’s been very
involved with this with me on behalf of the City Manager. So we would like to take a
pretty strong position with this and tell the County this is not acceptable. They are
putting time and money into building this.
Mayor Cason: All in favor of a strong position.
All: Aye.
Mayor Cason: OK. Done.
City Attorney Leen: Thank you. I appreciate that.
Mayor Cason: So ordered.
Commissioner Keon: I would also like to say that Deborah Kolsky’s passed away
this weekend, Deborah Kolsky’s husband who has been so involved with this, he
City of Coral Gables Page 25
City Commission Meeting Minutes September 28, 2016
passed away this weekend. So our condolences to her.
Mayor Cason: Alright. This will close this meeting.
City Attorney Leen: We are going to Executive Session.
Mayor Cason: We are going to meet and then come back and close the meeting.
City Attorney Leen: Two Executive Sessions.
City Manager Swanson-Rivenbark: First Villa Valencia and then labor…and IAAFF.
City Clerk Item No. 33
L. EXECUTIVE SESSION
L.-1. 16-5391 Attorney-Client executive session, closed to the public, for purposes of discussing the
litigation styled Valencia 34 Development LLC v. City of Coral Gables, Case No.
16-011188 CA 02. This session may be attended by the following individuals: Mayor Jim
Cason, Vice Mayor Frank Quesada, Commissioner Patricia Keon, Commissioner Vince
Lago, Commissioner Jeannett Slesnick, City Manager Cathy Swanson -Rivenbark, City
Attorney Craig Leen, Deputy City Attorney Miriam S. Ramos, Assistant City Attorney
Cristina Suarez, Assistant City Attorney Stephanie Throckmorton. A certified Court
Reporter will be present to ensure that the session is fully transcribed, and the
transcripts will be made available to the public upon the conclusion of the above -stated
litigation. At the conclusion of the attorney-client session, the public meeting will be
reopened, and termination of the attorney-client session will be announced.
City Clerk Item No. 34
City of Coral Gables Page 26
City Commission Meeting Minutes September 28, 2016
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 1:09 p.m. The next regular meeting of the City Commission
has been scheduled for October 11, 2016, beginning 9 a.m.]
JIM CASON
MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
City of Coral Gables Page 27
Agenda
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
www.coralgables.com
Agenda
Wednesday, September 28, 2016
9:00 AM
City Hall, Commission Chambers
City Commission
Mayor Jim Cason
Vice Mayor Frank C. Quesada
Commissioner Patricia Keon
Commissioner Vince Lago
Commissioner Jeannett Slesnick
Cathy Swanson-Rivenbark, City Manager
Craig E. Leen, City Attorney
Walter J. Foeman, City Clerk
City Commission Agenda September 28, 2016
INVOCATION
Rev. Jorge R. Cotto, Central Christian Church
PLEDGE OF ALLEGIANCE
A. PRESENTATIONS AND PROTOCOL DOCUMENTS
A.-1. 16-5407 Presentation of the Coral Gables Neighborhood Safety Aide Program.
A.-2. 16-5402 Presentation of a Proclamation declaring September 15, 2016 through October 15,
2016, as "Hispanic Heritage Month in Coral Gables."
Time Certain 9:45am (Item A.-3.)
A.-3. 16-5385 Presentation of Proclamations to George W. Carver Elementary School and Sunset
Elementary School, in recognition of being awarded "Spain's School of the Year
Award."
A.-4. 16-5380 Congratulations to Officer Raul Sheran, recipient of the City of Coral Gables “Officer of
the Month Award,” for the month of August, 2016.
A.-5. 16-5403 Recognition of donation from Coral Gables IAFF Local 1210 and the Coral Gables
Firefighters Benevolent Association, comprised of funds raised from City Fire
Department employees, to Andra’s Hand, an organization dedicated to serving families
affected by autism in the South Florida community.
(Placed on the agenda by Commissioner Keon)
B. APPROVAL OF MINUTES
None
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.
C.-1. 16-5388 A Resolution to name the newly acquired park property located at 1015 Lisbon Street
with the name "Lisbon Park."
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C.-2. 16-5389 A Resolution authorizing the City to enter into an agreement with Gables Estates Club,
Inc., allowing Florida Power and Light to underground distribution facilities in the City's
right-of-way along Casuarina Concourse, with Gables Estates Club, Inc. agreeing to
pay the cost of the conversion project, indemnifying the City and agreeing to pay for
relocation, should it be necessary in the future.
C.-3. 16-5341 A Resolution accepting the recommendation of the Chief Procurement Officer to award
the Recordkeeping and Plan Administration contract for the 401(a) Defined Contribution
and 457(b) Deferred Compensation Plans to Nationwide Retirement Solutions, Inc., the
most responsive-responsible proposer, in the amount of 0.06 percent annually on all
plan assets, for a five (5) year period with options to renew, pursuant to Section 2-828
of the Procurement Code entitled “Contract Award” and Request for Proposals (RFP)
2016.03VF; should negotiations fail with the most responsive-responsible proposer,
negotiations shall commence with next most responsive-responsible proposer, until an
agreement and contract amount acceptable to the City has been reached.
C.-4. 16-5273 A Resolution authorizing an expenditure in the amount of $382,380, from Federal
Forfeited Asset Fund (F.A.F.) monies for law enforcement equipment; the purchase of
a Lenco BearCat, for utilization by the Coral Gables Police Department.
1. Presentation of Boards and/or Committees minutes requesting no action from the
City Commission:
1.-1. 16-5377 Coral Gables Merrick House Governing Board Meeting of May 9, 2016.
1.-2. 16-5378 Historic Preservation Board Meeting of July 21, 2016.
1.-3. 16-5379 Historic Preservation Board Meeting of August 18, 2016.
1.-4. 16-5404 International Affairs Coordinating Council Meeting of August 16, 2016.
1.-5. 16-5321 Parks and Recreation Advisory Board Minutes of August 26, 2016.
1.-6. 16-5381 Retirement Board Special Meeting of June 30, 2016.
1.-7. 16-5382 Retirement Board Meeting of August 11, 2016.
D. PERSONAL APPEARANCES
None
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E. PUBLIC HEARINGS
All Individuals desiring to give testimony shall be sworn in. Presentations made to the
City Commission are subject to the City’s False Claims Ordinance, Ch. 39 of the City of
Coral Gables Code.
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 offices of Commissioners
Lago and Keon, during the day of the City Commission Meeting.
ORDINANCES ON SECOND READING
E.-1. 16-5340 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 11, “Historic Preservation: Designations and Certificates of
Appropriateness;” Article 5, “Development Standards,” Division 24, “Walls and fences;”
and, Article 8, “Definitions” amending criteria for designating historic landmarks and
districts, clarifying wood fence requirements, and adding a definition for historic
integrity; providing for a repealer provision, severability clause, codification, and
providing for an effective date. (01.11.16 HPB recommended approval; Vote 8-0)
(07.13.16 PZB recommended approval; Vote 7-0)
E.-2. 16-5215 An Ordinance of the City Commission of Coral Gables, Florida providing for a text
amendment to the City of Coral Gables Official Zoning Code, amending Article 3,
“Development Review,” Division 21, “Art in Public Places Program,” Section 3-2102
“Applicability,” Section 3-2103, “Art in Public Places Fund Requirements, Waivers, and
Exemptions,” Section 2104 “Administration,” and Section 3-2105 “Enforcement,”
Section 2-2106 “Definitions;” increasing Art in Public Places contribution for
non-municipal construction projects providing incentive for option to direct certain
percentage of contribution to public parks and opens spaces, clarifying the ordinance by
utilizing the words “alternative options” in lieu of the word “waivers,” modifying
procedures of the Art in Public Places Program; providing for a repealer provision,
severability clause, codification, and providing for an effective date.
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ORDINANCES ON FIRST READING
E.-3. 16-5339 An Ordinance of the City Commission of Coral Gables, Florida providing for a text
amendment to the City of Coral Gables Official Zoning Code, Article 4, “Zoning
Districts,” Division 1, “Residential Districts,” Section 4-101, “Single-Family Residential
District,” Section 4-102, “Multi-Family 1 Duplex District,” Section 4-103, “Multi-Family 2
District,” Section 4-104, “Multi-Family Special Area District,” Section 4-204, “Special
Use District,” Section 4-301, “Commercial Limited District,” Section 4-302, “Commercial
District,” and Section 4-303, “Industrial District;” adding city parks as a permitted
principal use for properties with single-family, multi-family, special use, commercial and
industrial zoning designations; providing for repealer provision, severability clause,
codification, and providing for an effective date. (08 10 16 PZB recommended approval;
Vote 5-0)
E.-4. 16-5241 An Ordinance of the City Commission of Coral Gables, Florida providing for text
amendments to the City of Coral Gables Official Zoning Code, by amending Article 5,
“Development Standards,” amending Section 5-2601, “Bed and Breakfast
establishments” to modify the existing Bed and Breakfast establishments standards and
criteria to allow for viable Bed and breakfast establishments; providing for a repealer
provision, severability clause, codification, and providing for an effective date. (07.13.16
PZB recommended approval; Vote 7-0)
F. CITY COMMISSION ITEMS
F.-1. 16-5395 A Resolution urging Governor Rick Scott and the Florida Department of Health to
implement an alternative testing method for detecting and treating the Zika virus.
(Sponsored by Commissioner Keon)
F.-2. 16-5401 A Resolution of the City Commission of the City of Coral Gables, Florida, Censuring
American Airlines, JetBlue, Spirit and all airlines engaging in National Origin
Discrimination by flying to Cuba, and urging them to discontinue these flights, given that
Cuba does not allow Cuban-born flight crew members to stay overnight on the Island,
and urging the Miami-Dade County Board of County Commissioners to consider
denying these Airlines access to and use of the Miami International Airport for any
flights where National Origin Discrimination is occurring.
(Sponsored by Commissioner Lago)
F.-3. 16-5400 Discussion item expressing support for prohibition on hourly room rates for hotels and
other overnight accommodations in Coral Gables as indicated in City Attorney Opinion
2016-064.
(Sponsored by Commissioner Lago)
G. BOARDS/COMMITTEES ITEMS
None
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H. CITY MANAGER ITEMS
None
I. CITY ATTORNEY ITEMS
Time Certain 11:00am (Item I.-1.)
I.-1. 16-5390 Presentation of Sea Level Rise White Paper.
I.-2. 16-5393 Charter Review Items - Information regarding upcoming November Ballot.
I.-3. 16-5398 Status Report regarding pending Nuisance Abatement/Abandoned Property Matters.
I.-4. 16-5392 Request for Executive Session (if any).
J. CITY CLERK ITEMS
None
K. DISCUSSION ITEMS
This time is for informal discussion among the City Commissioners, the City Manager
and the City Attorney
L. EXECUTIVE SESSION
L.-1. 16-5391 Attorney-Client executive session, closed to the public, for purposes of discussing the
litigation styled Valencia 34 Development LLC v. City of Coral Gables, Case No.
16-011188 CA 02. This session may be attended by the following individuals: Mayor
Jim Cason, Vice Mayor Frank Quesada, Commissioner Patricia Keon, Commissioner
Vince Lago, Commissioner Jeannett Slesnick, City Manager Cathy
Swanson-Rivenbark, City Attorney Craig Leen, Deputy City Attorney Miriam S. Ramos,
Assistant City Attorney Cristina Suarez, Assistant City Attorney Stephanie
Throckmorton. A certified Court Reporter will be present to ensure that the session is
fully transcribed, and the transcripts will be made available to the public upon the
conclusion of the above-stated litigation. At the conclusion of the attorney-client
session, the public meeting will be reopened, and termination of the attorney-client
session will be announced.
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ADJOURNMENT
NOTE
Any person who acts as a lobbyist pursuant to the City of Coral Gables Ordinance No.
2006-11, must register with the City Clerk, prior to engaging in lobbying activities before
city staff, boards, committees and/or the City Commission. A copy of the Ordinance is
available in the Office of the City Clerk, City Hall.
Any person, or persons, wishing to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, will require a verbatim
record of the proceeding upon which the appeal is based. Interested persons should,
therefore, take the necessary steps to ensure that a verbatim record of the proceedings
is made which contains the testimony and evidence upon which the appeal is based.
Any person making impertinent or slanderous remarks or who become boisterous while
addressing the Commission, shall be barred from further audience before the
Commission by the Chair, unless permission to continue or again address the
Commission is granted by the majority vote of the Commission Members present.
Clapping, applauding, heckling or verbal outbursts or any remarks in support or
opposition to a speaker shall be prohibited. Signs or placards shall not be permitted in
Commission Chambers.
Any person who needs assistance in another language in order to speak during the
public hearing or public comment portion of the meeting should contact the City’s ADA
Coordinator, Raquel Elejabarrieta, Esq., Director of Labor Relations and Risk
Management (E-mail: relejabarrieta@coralgables.com, Telephone: 305-722-8686,
TTY/TDD: 305-442-1600), at least three (3) business days before the meeting.
Any person with a disability requiring communication assistance (such as a sign
language interpreter or other auxiliary aide or service ) in order to attend or participate
in the meeting should contact the City’s ADA Coordinator, Raquel Elejabarrieta, Esq.,
Director of Labor Relations and Risk Management (E-mail :
relejabarrieta@coralgables.com, Telephone: 305-722-8686, TTY/TDD: 305-442-1600),
at least three (3) business days before the meeting.
Walter J. Foeman
City Clerk
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