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City Commission

Regular Meeting

Coral Gables, FL · September 28, 2016

AgendaMinutesVideo Recording

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 City of Coral Gables Page 16 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 City of Coral Gables Page 17 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. City of Coral Gables Page 22 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." City of Coral Gables Page 2 Printed on 9/22/2016 City Commission Agenda September 28, 2016 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 City of Coral Gables Page 3 Printed on 9/22/2016 City Commission Agenda September 28, 2016 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. City of Coral Gables Page 4 Printed on 9/22/2016 City Commission Agenda September 28, 2016 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 City of Coral Gables Page 5 Printed on 9/22/2016 City Commission Agenda September 28, 2016 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. City of Coral Gables Page 6 Printed on 9/22/2016 City Commission Agenda September 28, 2016 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 City of Coral Gables Page 7 Printed on 9/22/2016

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