City Commission

City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 www.coralgables.com Agenda Tuesday, October 24, 2023 9:00 AM City Hall, Commission Chambers City Commission Mayor Vince Lago Vice Mayor Rhonda Anderson Commissioner Melissa Castro Commissioner Ariel Fernandez Commissioner Kirk R. Menendez Peter J. Iglesias, P.E., City Manager Cristina M. Suárez, City Attorney Billy Y. Urquia, City Clerk City Commission Agenda October 24, 2023 The City of Coral Gables will be holding its Regular Meeting on Tuesday, October 24, 2023, commencing at 9:00 a.m. Members of the public may participate in person, but are also able to participate via the Zoom platform. Members of the public may join the meeting via Zoom at (https://zoom.us/j/3054466800). In addition, a dedicated phone line will be available so that any individual who does not wish (or is unable) to use Zoom may listen to and participate in the meeting by dialing: (305) 461-6769 Meeting ID: 3054466800. To speak prior to the City Commission taking action on an Agenda Item, please "Raise your Hand" or send a message to one of the meeting hosts using the Zoom Platform. If you joined the meeting via telephone, you can "Raise your Hand" by pressing *9. The public may comment on an item on the agenda using the City’s already-established e-comment function which may be found on the City’s website at: www.coralgables.com/commissionmeetings) once the meeting’s agenda is published or by sending an email to cityclerk@coralgables.com prior to the start of the meeting. The Meeting will also be broadcasted live for members of the public to view on the City’s website www.coralgables.com/cgtv) as well as Channel 77 on Comcast. City of Coral Gables Page 2 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 INVOCATION Rabbi Jason Cook, Campus Rabbi - Hillel at the University of Miami PLEDGE OF ALLEGIANCE Judging of the Annual Great Pumpkin Challenge A. PRESENTATIONS AND PROTOCOL DOCUMENTS A.-1. 23-6248 Congratulations to Fiola on receiving the Keep Coral Gables Beautiful 2023 Commercial Beautification Award. A.-2. 23-6538 Congratulations to International Studies Preparatory Academy recognized as one the "Top 100 High Schools" in the nation. A.-3. 23-6471 Presentation of a Proclamation declaring October 16, 2023 to October 22, 2023 as "Florida City Government Week" in Coral Gables. A.-4. 23-6547 Congratulations to the City for winning first place nationwide in the Government Experience Awards by the Center for Digital Government (CDG) / e-Republic. A.-5. 23-6522 Congratulations to Sandra Rodriguez, Communications and Public Affairs Department, recipient of "Part-Time Employee of the First Quarter Award", for 2023. A.-6. 23-6519 Congratulations to Pedro Sanchez, Finance department, recipient of "Employee of the Month Award", for August 2023. A.-7. 23-6521 Congratulations to Jeanette Castro, Finance Department, recipient of "Employee of the Month Award", for October 2023. B. APPROVAL OF MINUTES B.-1. 23-6416 Regular City Commission Meeting of September 13, 2023. B.-2. 23-6550 Regular City Commission Meeting of September 26, 2023. City of Coral Gables Page 3 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 C. PUBLIC COMMENTS During this portion of the meeting, an individual may address the City Commission on an item that is on the agenda or on a matter which is not on the agenda, but within the scope of the City Commission’s jurisdiction. If the individual wishes to address the City Commission on an item that is on the agenda, the individual shall not be given an opportunity to speak again once the item is called. An individual who wishes to speak during a public hearing where the City Commission is sitting in a quasi -judicial capacity, must speak during the public hearing for that item. Individuals who speak during the open public comment portion of the meeting shall be given three (3) minutes during which to address the City Commission. At the conclusion of one (1) hour, if the open public comment section of the meeting has not ended, it shall end automatically, in order to proceed with the rest of the agenda. D. 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. D.-1. 23-6498 A Resolution of the City Commission authorizing Beaux Arts of the Lowe Art Museum of the University of Miami to sell alcoholic beverages at the University of Miami Watsco Center Parking Lot on Saturday, January 13th, 2024, from 10:00 a.m. to 5:00 p.m. and Sunday, January 14th, 2024, from 12:00 p.m. to 5:00 p.m. during the 73rd Annual Beaux Arts Festival of Art. Subject to Florida Department of Professional Regulation Requirements. D.-2. 23-6524 A Resolution of the City Commission authorizing the execution of an agreement for sewer connection for property located outside the City ’s sewer district at 6565 Red Road, Coral Gables, Florida into the City of Coral Gables wastewater collection / transmission system, subject to the requirements of the Public Works Department, as provided under Chapters 62 and 78 of the City Code, Ordinance Nos. 2007-29 and 2009-39 and Resolution No. 2008-07; and provided that the executed agreement be made part of this resolution. D.-3. 23-6515 A Resolution of the City Commission increasing the fixed rate per 1,000 gallons that the City charges the University of Miami for the collection and disposal of their sanitary sewage and authorizing the execution of a new ten (10) year sewage service and disposal agreement with the University of Miami for the continued collection and disposal of sewage flows from the University’s connection point (Ponce de Leon Boulevard) through the City’s sewage transmission system to the Miami Dade Water and Sewer Department (MDWASD) connection point (Southwest 28th Street and Southwest 38th Avenue). City of Coral Gables Page 4 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 D.-4. 23-6551 A Resolution of the City Commission confirming the appointment of Zully Pardo (Nominated by City Manager Iglesias) to serve as a member of the Library Advisory Board, for a two (2) year term which began on June 1, 2023 and continues through May 31, 2025. D.-5. 23-6558 A Resolution of the City Commission confirming the appointment of Rene Alvarez (Nominated by City Manager Iglesias) to serve as a member of the Coral Gables Retirement Board (General Employees), for a two (2) year term which began on June 1, 2023 and continues through May 31, 2025. D.-6. 23-6561 A Resolution of the City Commission approving the execution of a Declaration of Covenants, Restrictions and Easements for the Miracle Theatre Complex. D.-7. 23-6504 A Resolution of the City Commission authorizing the execution of Amendment No. 7 to the State of Florida Department of Environmental Protection (DEP) Agreement No. 15DA2 for the Coral Gables Waterway Bank Stabilization Project for the purpose of extending the term of the Agreement from December 31, 2023 to December 31, 2024. D.-8. 23-6505 A Resolution of the City Commission authorizing the acceptance of the Modification of grant funds to Agreement No. G22MI0016A in the amount of $126,787 on behalf of the Coral Gables Police Department as part of the Office of National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) Program to support Fiscal Year 2023-2024 operations of the South Florida Money Laundering Strike Force; and authorizing an amendment to the Fiscal Year 2023-2024 annual budget to recognize the $126,787 grant modification as revenue and to appropriate such funds to put toward the cost. D.-9. 23-6557 A Resolution of the City Commission appointing Jose A. Gelabert-Navia as a Special Master presiding over quasi-judicial public hearings for the Board of Architects pursuant to Sections 14-103.3 and 14-103.2 of the Coral Gables Zoning Code. D.-10. 23-6563 A Resolution of the City Commission appointing Barbara Perez (Nominated by City Manager Iglesias) to serve as a member of the Economic Development Board, for the remainder of an unexpired term, which began on June 1, 2023 and continues through May 31, 2025. 1. Presentation of Boards and/or Committees minutes requesting no action from the City Commission: 1.-1. 23-6345 Advisory Board on Disability Affairs Meeting of September 6, 2023. 1.-2. 23-6537 Historic Preservation Board Meeting of August 16, 2023. City of Coral Gables Page 5 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 1.-3. 23-6533 Merrick House Governing Board Meeting of May 8, 2023. 1.-4. 23-6534 Merrick House Governing Board Meeting of August 14, 2023. 1.-5. 23-6535 Merrick House Governing Board Meeting of September 11, 2023. 1.-6. 23-6501 Retirement Board Meeting of September 14, 2023. 1.-7. 23-6347 School Community Relations Committee Meeting of August 18, 2023. 2. Presentation of Boards and/or Committees draft/final minutes requesting action from the City Commission [Note: A vote to accept the minutes does not mean approval of the substance within the minutes]: Time Certain 10:30am (Agenda Item 2-1) 2.-1. 23-6267 A Resolution of the Coral Gables Cultural Development Board recommending the City Commission to commit to completing Ponce Circle Park renovations in time for the city ’s centennial; further recommending the renovation to include infrastructure to support installation of future artworks in the park (unanimously recommended by the Cultural Development Board approval/denial vote: 7 to 0). E. PUBLIC HEARINGS All Individuals testifying in a quasi-judicial proceeding 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. ORDINANCES ON SECOND READING E.-1. 23-6276 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code by amending Article 3, “Uses,” Section 3-315, “Restaurant, open air dining at ground level and other location,” to provide a minimum clear distance for pedestrian traffic within any arcade or loggia that has outdoor seating, providing for repealer provision, severability clause, codification, and providing for an effective date. (09 21 23 PZB recommended approval, Vote 6-1) (Sponsored by Vice Mayor Anderson) City of Coral Gables Page 6 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 Agenda Items E-2 and are E-3 are related E.-2. 23-5979 An Ordinance of the City Commission granting approval of proposed amendments to the text of the City of Coral Gables Comprehensive Plan Future Land Use Element, pursuant to expedited state review procedures (S.163.3184, Florida Statutes) and Zoning Code Article 14, “Process,” Section 14-213, “Comprehensive Plan Text and Map Amendments;” to provide for additional building height up to one hundred and thirty -seven feet and six inches with parks incentives if developed pursuant to the Design & Innovation District regulations: and clarifying the Design & Innovation District as a Transfer of Development Rights receiving area; providing for a repealer provision, severability clause, codification, and providing for an effective date. ( 07 12 23 PZB recommended denial, Vote 3-2) (Sponsored by Vice Mayor Anderson) E.-3. 23-5980 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code pursuant to Zoning Code Article 14, “Process,” Section 14-212, “Zoning Code Text and Map Amendments,” to create an incentive program within the Design & Innovation District to allow a maximum building height of one hundred and thirty-seven feet and six inches by providing a park open to the public, providing for repealer provision, severability clause, codification, and providing for an effective date. ( 07 12 23 PZB made no recommendation, Vote 3-2) (Sponsored by Vice Mayor Anderson) RESOLUTIONS Agenda Items E-4 and E-5 are related E.-4. 23-6278 A Resolution of the City Commission approving receipt of Transfer of Development Rights (TDRs) pursuant to Zoning Code Article 14, “Process,” Section 14-204.6, “Review and approval of use of TDRs on receiver sites,” for the receipt and use of TDRs for a mixed-use project referred to as “4241 Aurora” on the property legally described as Lots 12 through 22, Block 6, Coral Gables Industrial Section (4241 Aurora St), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and an effective date. (09 21 23 PZB Meeting - Board recommended approval, Vote: 7-0) Lobbyist: Jorge Navarro Lobbyist: Devon Vickers City of Coral Gables Page 7 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 E.-5. 23-6279 A Resolution of the City Commission approving Mixed-Use Site Plan and Conditional Use review pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a proposed mixed-use project referred to as “4241 Aurora” on the property legally described as Lots 12 through 22, Block 6, Coral Gables Industrial Section (4241 Aurora St), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. ( 09 21 23 PZB Meeting - Board recommended approval with conditions, Vote: 7-0) Lobbyist: Jorge Navarro Lobbyist: Devon Vickers F. CITY COMMISSION ITEMS F.-1. 23-6368 Discussion regarding businesses on Giralda Avenue. (Sponsored by Commissioner Castro) F.-2. 23-6536 Presentation of “El Clasico of La Liga of Spain” arriving to Coral Gables. (Sponsored by Commissioner Castro) F.-3. 23-6549 Update on white way lights. (Sponsored by Mayor Lago) F.-4. 23-6548 Update from the Village of Merrick Park management. (Sponsored by Mayor Lago) F.-5. 23-6553 A Resolution of the City Commission readopting the Civility Code for members of the City Commission, expanding its applicability and providing for procedures and consequences for violation of the Civility Code. (Sponsored by Commissioner Castro) F.-6. 23-6562 A Resolution of the City Commission readopting the Civility Code for members of the City Commission, expanding its applicability and providing for notice, procedures, and consequences for violations of the Civility Code. (Sponsored by Vice Mayor Anderson) F.-7. 23-6560 A Resolution of the City Commission supporting Israel and condemning the unprovoked and unjustified war launched by Hamas terrorists against Israel. (Sponsored by Mayor Lago) F.-8. 23-6570 Updated on 140 Arvida Parkway., Alfred Browning Parker property. (Sponsored by Commissioner Fernandez) City of Coral Gables Page 8 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 G. BOARDS/COMMITTEES ITEMS Time Certain 11:00am (Agenda Item G-1) G.-1. 23-6296 A Resolution of the City Commission approving the concept and commissioning of a work of public art by gt2P Studios in conjunction with the Alta development project at 4101 Salzedo Street, in fulfillment of the Art in Public Places requirement for public art in private development (recommended by the Arts Advisory Panel approval/denial vote: 5 to 2; unanimously recommended by the Cultural Development Board approval /denial vote: 5 to 0). G.-2. 23-6508 A Resolution of the City Commission appointing the following individuals to serve as members of the Charter Review Committee: Mayor Lago _____________ Vice Mayor Anderson _____________ Commissioner Castro _____________ Commissioner Fernandez _____________ Commissioner Menendez _____________ H. CITY MANAGER ITEMS H.-1. 23-6509 A Resolution of the City Commission approving the City’s 2024 Legislative Priorities in substantially the attached form. H.-2. 23-6511 A Resolution of the City Commission authorizing a bid waiver for holiday decorations on Miracle Mile and Giralda Plaza pursuant to Section 2-691 of the City’s Procurement Code and authorizing the City Manager to enter into a contract with the Christmas Palace for custom decorations for a period of three years. I. CITY ATTORNEY ITEMS I.-1. 23-6510 Update regarding proposed Zoning Code text amendments regarding appeal procedures. 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 City of Coral Gables Page 9 Printed on 10/23/2023 4:02 PM City Commission Agenda October 24, 2023 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. Billy Y. Urquia City Clerk City of Coral Gables Page 10 Printed on 10/23/2023 4:02 PM