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10-02-2019 Regular Commission Meeting Agenda Aventura City Commission Meeting Agenda October 2, 2019 B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND CMCS CONSULTING SERVICES,LLC;AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER "D" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Meeting Agenda October 2, 2019 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN BARTACO RESTAURANT LOCATED IN SUITE 104, 2906 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. COMMISSION REGULAR WORKSHOP—OCTOBER 14,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5-FLOOR) COMMISSION REGULAR MEETING—NOVEMBER 5,2019 AT 6:00 P.M. COMMISSION CHAMBER COMMISSION REGULAR WORKSHOP—NOVEMBER 21,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5-FLOOR) This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk,City of Aventura Government Center, 19200 W. Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 3 of 3 AThe City of CITY COMMISSION `-77X{►Y..if111111111T1T1T SPECIAL WORKSHOP MEETING Aventura Government Center 19200 W.Country Club Drive MINUTES Aventura.Florida 33180 SEPTEMBER 10, 2019 3:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 3:02 p.m. The roll was called and the following were present: Mayor Enid Weisman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Vice Mayor Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. COMMUNICATONS/HIGH SCHOOL UPDATE: Mr. Wasson reviewed the recent denial from the Miami-Dade County Public School Board staff regarding the use of the Cambridge program at the Don Soffer Aventura High School and provided a timeline of communications with Charter Schools USA, Cambridge, and the Miami-Dade County Public School District. Rachel Windler-Freitag, South Florida Area Director for Charter Schools USA, reported on the process followed by Charter Schools USA to obtain approval for the Cambridge program for Aventura's high school. She additionally explained how the high school was currently handling the schedules for students interested in the Cambridge program. The Commission discussed the approval from the School Board of Miami-Dade County for the City's charter for the high school based on its application, which included the intention to offer the Cambridge program. The letter from Principal McKnight sent to the high school parents requesting their appearance at a County School Board meeting was also discussed. That request was rescinded, to allow the district time to further review the issue. Mr. Wasson reported that additional documentation with pertinent information had been provided to Miami-Dade County Public Schools Superintendent Alberto Carvalho that he was not aware of, for his review and response. Mr. Wolpin reviewed the Don Soffer Aventura High School charter contract with the School Board of Miami-Dade County and explained the City's options for moving forward. Edward Pozzuoli, Esq. — Tripp Scott (110 S.E. 6th Street, 15th Floor, Fort Lauderdale, FL) and Charter Schools USA Attorney, provided information on the process working with the Miami-Dade County Public School Board staff and suggested that the City request mediation from the State Department of Education. Ralph Arza, Director of Government Relations - Florida Charter School Alliance, provided information on charter schools and the question of the authority of school districts to make decisions on the curriculum offered at those schools. Aventura City Commission Meeting Minutes September 10, 2019 The Commission discussed the importance of communication from the City Manager, as well as Charter Schools USA through the City Manager, on pertinent issues as they happen to allow for meetings to be scheduled as needed for discussion and input on items. A notification to be sent to parents regarding the current status of the Cambridge program was also discussed. The following members of the public provided comments: Nikki Shein (Aventura resident and high school parent). City Manager Summary: It was the consensus of the City Commission to authorize the City Manager to proceed with retaining Edward Pozzuoli (Tripp Scott) to request mediation from the State of Florida Department of Education. Mr. Pozzuoli will notify the Commission should it be determined that there is a conflict of interest for him to represent the City. Additionally, a Commission Special Workshop Meeting was scheduled for September 26, 2019 at 5:00 p.m. for Charter Schools USA to present alternative options to the Cambridge program. Finally, Mr. Wasson will work with Ms. Windler-Freitag on a letter to be sent to parents updating them on the status of the Cambridge program. 3. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 4:38 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 2, 2019. Page 2 of2 CITY COMMISSION Aveenter A SPECIAL WORKSHOP MEETING 19200 W.ra Government Club Drive 19200 W.Gauntry Clan Drive MINUTES Aventura,Florida 33180 SEPTEMBER 10,2019 4:30 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 4:52 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman', Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. INTERVIEW AND SELECTION OF DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD MEMBERS (City Manager): Mr. Wasson briefly reviewed the role of the Advisory Board and the Commission discussed the interview process for the selection of three members. The following applicants were interviewed by the Commission in the order listed: • Dana Marin • Jorge Garcia • Zeynep Beykont • Patrick Brown • Annette Weissman The Commission discussed the applicants and reached consensus on the three members to be appointed by the Commission for two-year terms. The following member of the public provided comments: Mariana Vargas (Florida International University student journalist). City Manager Summary: It was the consensus of the City Commission to proceed with placing a resolution on the October Commission meeting agenda appointing the following members to the Board: Patrick Brown, Jorge Garcia, and Dana Marin. 3. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 6:11 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 2, 2019. Vice Mayor Landman participated in the meeting via speaker telephone and then attended in person during and following the interview of Ms. Beykont. The of Cv.tr, CITY COMMISSION AiMEETING MINUTES Aventura GovernmentCloenter 79200 Country Club Dnve (FIRST BUDGET HEARING) Aventura, Florda 33180 ® SEPTEMBER 10, 2019 - 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:20 p.m. A moment of silence was observed for the people in the Bahamas, as they recover from Hurricane Dorian. Steven G. was recognized for his support of the City's efforts to provide hurricane relief. Following the moment of silent, roll call was done and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Aventura resident Ellis Landaur. 3. PUBLIC HEARINGS: ORDINANCES: FIRST READING - 2019/2020 BUDGET: Mr. Wolpin read the following Ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 1.80% ABOVE THE ROLLED BACK RATE OF 1.6956 MILLS COMPUTED PURSUANT TO STATE LAW, FOR THE 2019 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Mr. Wasson reviewed his memorandum as provided in the agenda, which highlighted the proposal for the tax rate to remain the same as the prior year at 1.7261 mills (the lowest in the County and the same for the 24th year) and generating $17,611,707.00. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. Mayor Weisman announced that the Second Budget Public Hearing was scheduled for September 18, 2019 at 6:00 p.m. Aventura City Commission Meeting (First Budget Hearing) Minutes September 10, 2019 Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 18, 2019, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2019/2020 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Vice Mayor Landman. Mr. Wasson reviewed the highlights of the 2019/2020 Operating and Capital Budget, as outlined in his memorandum included in the agenda. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Following up on the discussion held at the July Commission Workshop and a suggestion by Commissioner Dr. Marks, the Commission debated providing a 3% increase for employees versus a 2% increase as proposed. Mr. Wasson reported that the difference in a 1% increase would not result in a change in the millage rate and would cost approximately $87,000. The motion for approval of the Ordinance on first reading passed (6-1) by roll call vote, with Commissioner Dr. Marks voting no. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and unanimously approved; thus adjourning the meeting at 6:30 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 2, 2019. Page 2 of 2 ITY ter A\ventura CAR COMMISSIONETINGIAventuraGovernmentDrive REGULAR MEETING MINUTES lszodw.coamrycmbon�e SEPTEMBER 10, 2019 Aventura,Florida 33180 oh Following the 6:00120.m. First Budget Hearing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:30 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the First Budget Hearing. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • The Florida Police Chiefs Association (FPCA) Lifesaving Award Presentation: Following an introduction by Mr. Wasson, Bay Harbor Islands Police Chief Sean Hemingway (FPCA District #4 Director), along with Aventura Chief Bryan Pegues, presented Aventura Sergeant Jeff Burns and Aventura Officer John Tiley with the Lifesaving Award, on behalf of the Florida Police Chiefs Association (FPCA). • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented Officer Ruben Brizuela with a recognition certificate and token of appreciation for the completion of 20 years of services with the City. • Aventura City of Excellence School Update — Principal Tyrkala: Principal Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update - Principal: Principal David McKnight provided a brief report on Don Soffer Aventura High School. A parent of a high school student provided positive comments on the high school. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. The following items were removed from the Consent Agenda: Item C, per the request of Commissioner Dr. Marks, and Items G and H, per the request of Mayor Weisman.' A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Dr. Marks, seconded by Vice Mayor Landman, and passed unanimously by roll call vote. The following action was taken: Item I was also removed from the Consent Agenda by Mayor Weisman,as it had been her intent to remove it for discussion. Aventura City Commission Regular Meeting Minutes September 10,2019 A. Minutes approved as follows: • July 9, 2019 Regular Commission Meeting • July 18, 2019 Commission Meeting • July 18, 2019 Regular Commission Workshop Meeting B. Resolution No. 2019-43 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2019-44 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND CORDOVA RODRIGUEZ & ASSOCIATES INC. FOR PLANNING REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 201945 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 19-07-12- 2, CITY OF AVENTURA CUSTODIAL SERVICES FOR GOVERNMENT CENTER, TO AK BUILDING SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2019-46 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE ENFORCEMENT OF SECTION SCC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 7 Aventura City Commission Regular Meeting Minutes September 10, 2019 J. Motion approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2019 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 30,2019 ATTACHED HERETO AS ATTACHMENT 1. Item 5(C): The following motion was read by Mr. Wolpin: MOTION TO APPROVE EXTENSION OF TIME TO OBTAIN A BUILDING PERMIT FOR THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO.2018-63,FROM JULY 10,2019 TO JANUARY 10,2020. A motion to approve was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mr. Wasson explained the request from the applicant for a six-month extension, in order to obtain their condominium association approval, as required to obtain a permit. Mayor Weisman opened the item for public comment. There being no speakers, the item was closed for public comment. The following provided comments on behalf of the Applicant (Herbert and Cynthia Zucker): Graham Penn, Esq. filling in for Mickey Marrero, Esq. and Jeffrey Bercow, Esq. — Bercow Radell Fernandez & Larkin (200 S. Biscayne Blvd., Suite 850, Miami, FL). Mr. Penn agreed to the clarification that no additional extension could be provided other than the current one being requested. The motion for approval passed unanimously, by roll call vote. Item 5(G): The following motion was read by Mr. Wolpin: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION APPROVING A CONFLICT RESOLUTION DESIGNEE FOR THE DON SOFFER AVENTURA HIGH SCHOOL IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED AUGUST 20,2019. A motion to approve was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mayor Weisman opened the item for public comment. There being no speakers, the item was closed for public comment. Page 3 of 7 Aventura City Commission Regular Meeting Minutes September 10,2019 Mayor Weisman requested that future memorandums be provided to the Commission on the date listed on the memorandum. The motion for approval passed unanimously, by roll call vote. Item 5(H): The following motion was read by Mr. Wolpin: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION TO ACCEPT DON SOFFER AVENTURA HIGH SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 28,2019. A motion to approve was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mayor Weisman opened the item for public comment. There being no speakers, the item was closed for public comment. Don Soffer Aventura High School Principal David McKnight provided clarification on teacher certification. The motion for approval passed unanimously, by voice vote. Item 5(1): The following motion was read by Mr. Wolpin: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT-OF- FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 30,2019. A motion to approve was offered by Commissioner Shelley and seconded by Vice Mayor Landman. Mayor Weisman opened the item for public comment. There being no speakers, the item was closed for public comment. ACES Principal Anthony Tyrkala provided clarification on teacher certification. The Commission discussed the importance of the teachers being certified in the subject area that they teach. Mr. Wasson will follow up on the item and report back to the Commission. The motion for approval passed unanimously, by roll call vote. Page 4 of 7 Aventura City Commission Regular Meeting Minutes September 10, 2019 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all those wishing to offer testimony for the items. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN CASA D'ANGELO AVENTURA, LOCATED IN SUITE 103, 2910 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Narotsky. Community Development Director Joanne Carr explained that the original application of AE Aventura LLC doing business as Angelo Eia Pizza Bar Tapas had been changed to doing business as Casa D'Angelo Aventura, as requested by the applicant's attorney. The staff report was entered into the record, which recommended approval, subject to the conditions listed. For clarification purposes, Ms. Carr recommended that the following language be added to condition #2: This does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State liquor license. The kitchen shall be open and food shall be available for service at all times when alcoholic beverages are being sold and served. The following provided testimony on behalf of the Applicant (AE Aventura LLC doing business as Casa D'Angelo): Adrienne Noto, Esq. — Greenspoon Marder LLP (600 Brickell Avenue, Suite 3600, Miami, FL). The Commission discussed the clarification language pertaining to the sale and service of alcoholic beverages in conjunction with the service of food. Mayor Weisman opened the public hearing. The following members of the public provided comments: Maria Oria (2903 Point East Drive #K-208, Aventura). There being no additional speakers, the public hearing was closed. The motion for approval of the resolution (inclusive of the business name change to Casa D'Angelo Aventura and the addition of clarification language to condition #2 as provided) passed unanimously, by roll call vote, and Resolution No. 201947 was adopted. Page 5 of 7 Aventura City Commission Regular Meeting Minutes September 10,2019 Mr. Wolpin read the following resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING MODIFICATION OF THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO. 2011-55 FOR A DIRECTIONAL SIGN AT AVENTURA TURNBERRY JEWISH CENTER, 20400 NE 30 AVENUE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks. Community Development Director Joanne Carr entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Billy Joel, as authorized by the owner of the property - Aventura Turnberry Jewish Center Beth Jacob Inc.): Billy Joel. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-48 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Mr. Wasson provided a report on the City's collaborative efforts for relief from Hurricane Dorian to the Bahamas. Commissioner Dr. Marks and Commissioner Mezrahi provided additional information on the efforts and volunteers. Commissioner Weinberg reported on his attendance at the Florida League of Cities Annual Conference in Orlando. Mayor Weisman reported that Bay Harbor Council Member Isaac Salver had been installed as the new League President. 11. PUBLIC COMMENTS: Following information provided by Mr. Wolpin on the process for public comments, the following members of the public provided comments: Maria Oria (2903 Point East Drive #K-208, Aventura), Aventura resident (Villa Dorada Condominium), and Lori Kenney (19655 E. Country Club Drive, Aventura). 12. OTHER BUSINESS: None. Page 6 of 7 Aventura City Commission Regular Meeting Minutes September 10,2019 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and unanimously approved; thus adjourning the meeting at 7:33 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 2, 2019. Page 7 of 7 T jn �p CITY COMMISSION 1[!C �'/ U! MEETING MINUTES Aventura Government Center i t,ly��r� 19200 W.Country Club Drive Y{-rli{,�,li�l (SECOND BUDGET HEARING) Aventura,Florida 33180 ® SEPTEMBER 18, 2019 - 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING - 2019/2020 BUDGET: Mr. Wolpin read the following Ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 1.80% ABOVE THE ROLLED BACK RATE OF 1.6956 MILLS COMPUTED PURSUANT TO STATE LAW, FOR THE 2019 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-13 was adopted. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 18, 2019, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2019/2020 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting (Second Budget Hearing) Minutes September 18, 2019 A motion for approval of the Ordinance was offered by Vice Mayor Landman and seconded by Commissioner Weinberg. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Commissioner Dr. Marks spoke in favor of providing a 3% increase for employees versus a 2% increase as proposed. Mr. Wolpin explained the process to amend the budget should the Commission decide to do so. The motion for approval of the Ordinance on second reading passed (6-1) by roll call vote, with Commissioner Dr. Marks voting no, and Ordinance No. 2019-14 was adopted. Mr. Wasson thanked Finance Director Brian Raducci for his work on the budget. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at 6:07 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on October 2, 2019. Page 2 of 2 The City of CITY COMMISSION vatuy� WORKSHOP MEETING MINUTES Aventura Government Center i SEPTEMBER 19, 2019 18200w.Countrya 33Drive ® Aventura, Florida 33180 9:00 A.M. 1 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weisman at 9:01 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. Discussion of Awarding City Key to the Consul General of Israel (Mayor Weisman): Mayor Weisman requested that the Commission consider awarding a key to the City to Lior Haiat, an Aventura resident and Consul General of Israel, based on the information provided in the agenda. Following Commission discussion and review of the criteria and procedure for awarding a key to the City, Mr. Wolpin reported that the key could be awarded without placement on the October rd Commission Meeting Agenda, in order to meet the timing and presentation requirements discussed. City Manager Summary: It was the consensus of the City Commission to award a key to the City to Lior Haiat, without a formal resolution, to be presented by the Mayor at the event discussed. Additionally, consensus was given to have Orvieto's Awards create a City key fob, to be presented with the key. 3. Proposed General Housekeeping I Updates to the City of Aventura Code (City Manager): Community Development Director Joanne Carr presented a PowerPoint titled Land Development Regulations - Recommended Additions & Update 2019 and reviewed the recommendations as outlined in the agenda memo. Ms. Carr deferred proposal III regarding regulations for electric vehicle charging stations, for further review of changes proposed by an electric vehicle manufacturer. The Commission provided the following comments for review and/or inclusion in the recommendations: • VI. Wall Sign Regulations for Assisted Living Facilities — review other municipal codes for limitations on illumination and colors. • VII. Sign Regulations for Business Ownership Identification Logo — require variance request to allow for Commission review. • VIII. Artificial Turf Regulations - add the following language as a requirement for turf in roadway medians: "where water drainage remains problematic." The following members of the public provided comments: Mickey Marrero, Esq. (Bercow Radell Fernandez & Larkin, 200 S. Biscayne Blvd. Suite 850, Miami) on behalf of the Imperial Club. Aventura City Commission Regular Workshop Meeting Minutes—September 19, 2019 City Manager Summary: It was the consensus of the City Commission to proceed with the proposed recommendations, with the comments provided. 4. Discussion of Appointment of Applicants to the 2020 Census Complete Count Committee (City Manager): Mr. Wasson provided the name of an additional applicant, for a total of 13 recommended committee members, as provided in the agenda memo. Community Development Director Joanne Carr provided an update on the process, with the Count Committee scheduled to meet in October to formulate the promotional program, to be presented to the Commission at the November 21, 2019 Workshop Meeting. The following members of the public provided comments: Aventura resident (the Atrium). City Manager Summary: It was the consensus of the City Commission to invite the 13 noted applicants to participate on the Complete Count Committee and to continue an enhanced community outreach for volunteer applications. 5. Recommendation to Appoint Members to the Youth Advisory Board (City Manager): Mr. Wasson reviewed the recommendations for the Youth Advisory Board members and alternates. Following Commission discussion, a student from Don Soffer Aventura High School was placed on the Board as a member, in place of a student from another school. Mr. Wasson briefly discussed the projects he anticipated the Board working on, including the upcoming census. City Manager Summary: It was the consensus of the City Commission to place a Resolution on the October 2, 2019 Commission Meeting Agenda appointing the following members to the Youth Advisory Board: Emily Briskin, Chloe Freitas, Sofia Korn, Rebecca Richmond-Parks, Gabriela Sartan, Jade Stein, and Carolina Wesley, with the remaining applicants to be appointed as alternates. Per Mayor Weisman's request and consensus of the Commission, the following item was taken out of order: 10. Discussion of Sister City with Israel (Mayor Weisman): Mayor Weisman explained the interest from Ramat Gan, a City in Israel, in becoming sister cities with the City of Aventura. Haim Yehezkel explained that Ramat Gan Mayor Carmel Shama would like to provide a presentation to the Commission regarding his city. The Commission discussed the desire to work something out on its own, in lieu of going through the sister cities organization, should it be decided to proceed. Mr. Wolpin discussed the process for an agreement. Page 2 of 4 Aventura City Commission Regular Workshop Meeting Minutes—September 19, 2019 City Manager Summary: It was the consensus of the City Commission for the City of Ramat Gan to provide a presentation at a future Commission Workshop Meeting. October Commission Workshop Meeting: Mr. Wasson requested that the Commission Workshop Meeting scheduled for October 17, 2019 at 9:00 a.m. be changed, due to a conflict with a meeting with the Miami-Dade County Public School Board. City Manager Summary: It was the consensus of the City Commission to change the October Commission Workshop Meeting to October 14, 2019 at 9:00 a.m. Mr. Wasson reported that the school opening celebration for the Don Soffer Aventura High School was scheduled for October 15, 2019 at 10:00 a.m. 6. Discussion of City's 25th Anniversary Commemorative Issue of the Aventura News (City Manager): Mr. Wasson distributed the Aventura News commemorative issue from the City's 20th Anniversary and requested approval to proceed with something similar for the City's 25th Anniversary. Mr. Wasson also discussed the upcoming 10th Anniversary for the Aventura Arts & Cultural Center and requested the approval of funds for an event. City Manager Summary: It was the consensus of the City Commission to proceed with an Aventura News commemorative issue recognizing the City's 25th Anniversary in 2020, for approximately $4,000. Additionally, consensus was given to budget up to $50,000 for the Arts & Cultural Center 10th Anniversary celebration. 7. Discussion of Communication (Commissioner Dr. Marks): Commissioner Dr. Marks engaged the Commission in a discussion on communication from the City Manager, including meeting/event calendars and upcoming items in the City involving the school, traffic, etc. to enable the Commission to provide the information to their constituents in a timelier manner. In response to Commission discussion, Mr. Wasson will increase community outreach to local veterans for participation in Veteran's Day. Additionally, communication with the local publications will be increased regarding the achievements at the City's schools. The following member of the public provided comments: Mariana Vargas (Florida International University student journalist). City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to notify them of any major policy decisions ahead of time and to provide meeting/event calendars applicable to them for enhanced scheduling, as well as any other pertinent upcoming items in the City. 8. Discussion of Extension of Contract between CMCS Consulting Services, LLC and the City of Aventura for an Additional Two Months (City Manager): Mr. Wasson reviewed the remaining items left to resolve with the contractor for the high Page 3 of 4 Aventura City Commission Regular Workshop Meeting Minutes—September 19, 2019 school building and requested that the contract with CMCS be extended to allow Mr. Soroka to finalize everything for the project. City Manager Summary: It was the consensus of the City Commission for a Resolution to be placed on the October 2, 2019 Commission Meeting Agenda extending the contract with CMCS Consulting Services, LLC for a period not to exceed December 31, 2019. 9. Discussion of Active Shooter Quick Reference Guide (City Manager): Mr. Wasson distributed and reviewed the City of Aventura Active Shooter Event Quick Reference Guide. The following members of the public provided comments: Aventura resident (the Atrium). City Manager Summary: No action — this item was provided for informational purposes. 11. Discussion of Visitor Center (Commissioner Mezrahi): Commissioner Mezrahi discussed a request from the GMCVB to provide a visitor center in Aventura, consisting of a rack with brochures for activities in Aventura, as well as south Florida. The Commission discussed the un-manned kiosk, as well as alternate locations other than at Government Center. City Manager Summary: It was the consensus of the City Commission for photos of the proposed kiosk to be presented, for possible placement at the Arts & Cultural Center, for further discussion at a future Commission Workshop Meeting. The following additional items were discussed: The Commission discussed the upcoming Super Bowl (LIV) and the need to be involved in discussions and to explore endeavors with the Super Bowl Committee, since Aventura is the host city for one of the teams. Mr. Wasson will report back to the Commission at the October 14, 2019 Commission Workshop Meeting. 12. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:15 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 2, 2019. Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 27, 2019 SUBJECT: Resolution Declaring Property as Surplus October 2, 2019 City Commission Meeting Agenda Item 5f5 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC01830-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019-_ PASSED AND ADOPTED this 2nd day of October, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald Wasson, City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: September 27, 2019 I would like to have the listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items are no longer adequate for public purposes: Due to recent reassignments I am requesting that K9 Chuligan, currently assigned to Officer Brandon Worthington and K9 Angus, currently assigned to Officer Jason Williams, be declared surplus. Due to age and temperament neither dog is able to function as an active duty K9. I am also requesting that K9 Chuligan has his ownership transferred from the City of Aventura to Officer Brandon Worthington and that K9 Angus has his ownership transferred to Officer Jason Williams. We have done this in the past with all other K9's and their handlers. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: September 27, 2019 SUBJECT: Re-Appointment of Special Masters for Code Enforcement Process October 2, 2019 City Commission Meeting Agenda Item St RECOMMENDATION It is recommended that the City Commission ratify the City Manager's re-appointment of Raquel Rothman, Esq. and Barbara Buxton, Esq. as Special Masters for the City of Aventura Code Enforcement process. BACKGROUND Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individuals are submitted to you for re-appointment as Special Masters. If you have any questions please feel free to contact me. RJ W/act Attachment CC01824-19 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 27, 2019 SUBJECT: Resolution Appointing Members to the Aventura Youth Advisory Board October 2, 2019 City Commission Meeting Agenda Item 51:7 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following students to the newly formed Aventura Youth Advisory Board: - Emily Briskin - Chloe Freitas - Sofia Korn - Rebecca Richmond-Parks - Gabriela Sartan - Jade Stein - Carolina Wesley Alternates - Valentina Baredes - Kenneth Cula - Valery Fuhrer - Ariel Jacobs - Victor Kameo - Megan Shein - Taryn Shein - Sophia Silver If you have any questions, please feel free to contact me. RJW/act Attachment CC01825-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-211 of the Aventura City Code provides for the creation of the Youth Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Youth Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Youth Advisory Board for a one- year term: Emily Briskin Chloe Freitas Sofia Korn Rebecca Richmond-Parks Gabriela Sartan Jade Stein Carolina Wesley City of Aventura Resolution No. 20 19-_ Alternates* Valentina Baredes Kenneth Cula Valery Fuhrer Ariel Jacobs Victor Kameo Megan Shein Taryn Shein Sophia Silver * Alternate members shall only vote as members of the Board when one or more other members are absent or unable to vote on a matter. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg _ Vice Mayor Denise Landman Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No.2019- PASSED AND ADOPTED this 2"d day of October, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag DATE: September 27, 2019 SUBJECT: Extension of Contract Between CMOS Consulting Services, LLC and the City of Aventura October 2, 2019 City Commission Meeting Agenda Item — RECOMMENDATION In accordance with the direction of the City Commission at the September Workshop Meeting, attached is a Resolution authorizing the extension of the contract between CMCS Consulting Services, LLC and the City until December 31, 2019. If you have any questions, please feel free to contact me. RJW/act Attachment CC01829-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND CMCS CONSULTING SERVICES, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 19, 2018, by the adoption of Resolution No. 2018-68, the City Commission approved an Amended and Restated Agreement For Professional Services (the "Agreement") between the City and CMCS Consulting Services, LLC (the "Contractor") for professional consulting services related to facilitating the successful development and commencement of operation of the proposed Aventura Charter High School, providing additional consulting services in the field of ACES Charter Renewal, and other administrative support to assist in a smooth transition of city operations from the then Interim City Manager to the next City Manager; and WHEREAS, the Agreement was set to expire on September 30, 2019; and WHEREAS, the Parties wish to amend the Agreement (the "Amendment") to provide for additional time to finalize services related to the City's Don Soffer Aventura High School; and WHEREAS, the City Commission finds that approval of the Amendment is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: City of Aventura Resolution No. 2019-_ Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the Amendment amending the Agreement between the City and the Contractor, attached hereto as Exhibit "A," is hereby approved. Section 3. That the City Manager is hereby authorized to execute the Amendment, together with any non-substantive changes deemed necessary by the City Manager and approved as to form and legal sufficiency by the City Attorney, and to take any action which is necessary to implement the Amendment. Section 4: That this Resolution shall take effect immediately upon adoption, and shall be applied retroactively from and after October 1, 2019. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 2nd day of October 2019. Page 2 of 3 City of Aventura Resolution No. 2019- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES WITH CMCS CONSULTING SERVICES, LLC This FIRST AMENDMENT (the "Amendment") is made and entered into as of the 1s' day of October 2019, by and between THE CITY OF AVENTURA, FLORIDA, a Florida municipal corporation ("City"), and CMCS CONSULTING SERVICES, LLC, ("Contractor"), collectively the "Parties." WHEREAS, on July 19, 2018, by the adoption of Resolution No. 2018-68, the City Commission approved an Amended and Restated Agreement for Professional Services(the "Agreement") between the City and CMOS Consulting Services, LLC (the "Contractor") for professional consulting services related to facilitating the successful development and commencement of operation of the proposed Aventura Charter High School, and providing additional consulting services in the field of ACES Charter Renewal, and other administrative support to assist in a smooth transition of city operations from the then Interim City Manager to the next City Manager; and WHEREAS, the Agreement was set to expire on September 30, 2019; and WHEREAS, the Parties wish to amend the Agreement to provide for additional time to finalize services related to the City's Don Soffer Aventura High School. NOW THEREFORE, for good and valuable consideration of the mutual covenants set forth herein and in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do covenant and agree to amend the Agreement as follows:1 1. That the foregoing "WHEREAS"clauses are ratified and confirmed as being true and correct and are made a specific part of this Amendment. 2. That Section II "Completion of Scope of Services; Term" of the Agreement is hereby amended as follows: Contractor shall perform the Services and the Additional Services to the City's reasonable satisfaction in accordance with this Agreement. The term of this Agreement shall commence on January 6, 2018 and shall remain in full force and effect until December 31, 2019, unless terminated sooner, with or without cause, upon thirty (30) days advance written notice by Contractor or the City Commission or by mutual written agreement. -- : - •'- - - •• - • - • - - - _ ... 'Additions to the Agreement text are shown by underline; deletions from existing Agreement text are shown by skikethreugh. Amendment No. 1—Professional Services Agreement CMCS Consulting, LLC Page 1 of 2 3. Except to the extent expressly set forth herein, this Amendment does not impact, modify or abridge any term, right or obligation under the Agreement. The terms used in this Amendment have the same meaning as those used in the Agreement unless expressly noted otherwise herein. 4. No term of this Amendment may be modified except in writing executed by all parties to this Amendment. 5. If any term of this Amendment is found by a court of competent jurisdiction to be void or unenforceable, said finding shall not affect the enforceability of the remaining terms of this Amendment. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Agreement on the respective dates under each signature: City of Aventura, signing by and through its City Manager, authorized to execute same, and by the duly authorized representative of the Contractor, to execute same. FOR CITY: ATTEST: CITY OF AVENTURA By: Ellisa L. Horvath, MMC Ronald J. Wasson City Clerk City Manager Dated: Approved as to form and legal sufficiency for the use of and reliance by the City of Aventura only: City Attorney FOR CONTRACTOR: CMCS CONSULTING SERVICE , LLC By: c<reilbs Dated: .1/7 Eric M. Soroka Managing Mem.-r Amendment No. 1—Professional Services Agreement CMCS Consulting, LLC Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 27, 2019 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of Miami Beach October 2, 2019 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Miami Beach. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1828-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Miami Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 2nd day of October, 2019. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI BEACH, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") is made as of this day of , 2019("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139, and the CITY OF AVENTURA, FLORIDA, having its principal office at 19200 W Country Club Drive, Aventura, Florida 33180, state as follows: RECITALS WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the City of Miami Beach, Florida, to ensure the public safety of their respective citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel,equipment, or facilities of the City of Aventura Police Department or the City of Miami Beach Police Department; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Aventura and the City of Miami Beach; and WHEREAS, it is to the advantage of each law enforcement agency to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including, but not limited to,emergencies as defined under Section 252.34 of the Florida Statutes, or requests for certain law enforcement services specified herein and as defined under Section 23.1225 of the Florida Statutes; and WHEREAS, the City of Aventura and the City of Miami Beach have the voluntary cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12-23.127 of the Florida Statutes, to enter into this Cooperation Agreement for law enforcement service which: (1) Permits voluntary cooperation and operational assistance of a routine law enforcement nature across jurisdictional lines as allowed under Section 23.1225 of the Florida Statutes; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34 of the Florida Statutes. NOW THEREFORE, BE IT KNOWN that the City of Aventura, Florida and the City of Miami Beach, Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Cooperation Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893 of the Florida Statutes, backup services during patrol activities, and interagency task forces and/or joint investigations as set forth pursuant to, and under the authority of Chapter 23 of the Florida Statutes. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Cooperation Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with, the following: 1. Joint multi-jurisdictional criminal investigations 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner processing facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. 17. Off-duty special events. 18. DUI Checkpoints. 2 The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police, or his/her designee. 2. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency, or directors involved. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS OF ASSISTANCE In the event that a party to this Cooperation Agreement is in need of assistance as set forth above, the Chief of Police or his/her designee, shall notify the Chief of Police or his/her designee from whom such assistance is requested. The Chief of Police or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the area on routine business, attending a meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA LAW. Should enforcement assistance be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including but not limited to a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph, is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas, or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter and such encounter results in a breach of the peace. The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a means to deal with disasters, emergencies, and other major law enforcement problems. This Cooperation Agreement shall not extend police powers beyond the specific additional authority granted by the Legislature in Chapter 23 of the Florida Statutes, which intent was to assure the continued functioning of law enforcement in times of emergencies or in areas where major law enforcement efforts were being thwarted by jurisdictional barriers. 3 SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee of the agency requesting assistance. SECTION V: CONFLICTS Whenever an officer is rendering assistance pursuant to this Cooperation Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. SECTION VI: HANDLING COMPLAINTS Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Cooperation Agreement, the Chief of Police or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION VII: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Cooperation Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES 4 (a) Employees of the City of Aventura and the City of Miami Beach, when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this Cooperation Agreement, shall pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended) and this Cooperation Agreement, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. (b) Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this Cooperation Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. (c) A party that furnishes equipment pursuant to this Cooperation Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. (d) The agency furnishing aid pursuant to this Cooperation Agreement shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. (e) To the extent provided by applicable law, ordinance, or rule, the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Cooperation Agreement. The provisions of this section shall apply to paid, volunteer, and reserve employees. (f) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. (g) Should the City of Miami Beach receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of Aventura shall be eligible to receive an equitable reimbursement share for any actual costs or expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. (h) Should the City of Aventura receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami Beach shall be eligible to receive an equitable reimbursement share for any actual costs or expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. (i) The parties acknowledge that the City of Miami Beach and the City of Aventura are authorized to pursue any property seized pursuant to the Florida Contraband Forfeiture Act. Each party shall have the exclusive authority to initiate and litigate 5 forfeiture proceedings originating in its respective jurisdiction under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Cooperation Agreement. Each respective party, upon successfully prosecuting a forfeiture action, shall equitably share in those proceeds seized and forfeited, as acceptable to the Chief of Police of the City of Miami Beach and the Chief of Police of the City of Aventura. SECTION IX: INSURANCE Each party shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16)(a), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION X: EFFECTIVE DATE This Cooperation Agreement shall take effect upon execution and approval by both parties and shall continue in full force and effect until December 31, 2024. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SECTION XI: CANCELLATION Either party may cancel its participation in this Cooperation Agreement at any time upon delivery of written notice to the other party. In witness whereof, the parties hereto cause these presents to be signed on the date specified. AGREED TO AND ACKNOWLEDGED this day of ,2019. CITY OF MIAMI BEACH, FLORIDA CITY OF AVENTURA, FLORIDA RICK CLEMENTS BRYAN PEGUES CHIEF OF POLICE CHIEF OF POLICE Date: Date: 6 JIMMY L. MORALES RONALD J. WASSON CITY MANAGER CITY MANAGER Date: Date: ATTEST: RAFAEL E. GRANADO ELLISA L. HORVATH, MMC CITY CLERK CITY CLERK 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 27, 2019 SUBJECT: Resolution Appointing Members to the Don Soffer Aventura High School Advisory Board October 2, 2019 City Commission Meeting Agenda Item 5-6— RECOMMENDATION &RECOMMENDATION Following interviews of the applicants at the Commission Special Workshop Meeting on September 10, 2019, there was a consensus to move forward with the following for appointment to the Don Soffer Aventura High School Advisory Board: Patrick Brown Jorge L. Garcia Dana Newman Marin If you have any questions please feel free to contact me. RJW/act Attachment CCo1826-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of the Don Soffer Aventura High School Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Don Soffer Aventura High School Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as voting members of the Don Soffer Aventura High School Advisory Board for a two-year term: Patrick Brown Jorge L. Garcia Dana Newman Marin Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 2nd day of October, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CMCS Consulting Services MEMORANDUM TO: City Commission Ronald J. Wasson, City Manager FROM: Eric M. Soroka, CMOS Consulting Sery DATE: September 27, 2019 SUBJECT: Recommendation to Approve Change Order "D" to the Agreement for Construction Management Services with a Guaranteed Maximum Price with Kaufman Lynn Construction for the Don Soffer Aventura High School Construction Project October 2, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving Change Order "D", attached hereto, to the Agreement for Construction Management Services with a Guaranteed Maximum Price (GMP) with Kaufman Lynn Construction (Contractor) for the Don Soffer Aventura High School in the amount of$78,215. BACKGROUND The Miami-Dade County Fire Rescue Department required that the High School building have a Bi-Directional Amplifier (BDA) System after a radio communication signal strength test was performed inside the school building. The radio signal strength was performed in August. This system allows the Fire Rescue Department to communicate with radios inside the building in the case of an emergency. Rather than hold up the opening of the building in August, they signed off on the Temporary Certificate of Occupancy to allow the school to open in time with the understanding the BDA would be installed prior to the Permanent Certificate of Occupancy. This change order provides for all the infrastructure improvements needed for the BDA System to be installed. The work includes the conduit for the system, fire stopping, coring, the 2 hour chase at each floor, reworking ceilings, opening up the walls to get to the tilt panel, painting new chase walls along with adjacent walls, and patching the roof conduit for the antenna. This is figured as night and weekend work as well as having a framer at 6:00 am for daily inspections. Construction and installation of the BDA System will need to occur during time frames in which the school is closed which is reflected in the higher than usual labor costs. The project's architectural consultant has reviewed the costs and found them to be fair and reasonable. This additional cost will require a budget amendment for the High School Construction Fund. If you have any questions, please feel free to contact me. Attachments RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER "D" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THERFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the attached Change Order "D" between the City and Kaufman Lynn Construction, for the Aventura Charter High School project and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $78,215. Section 2. The City Manager is hereby authorized and requested to do all things necessary to carry out the aims of this Resolution. Section 3. The funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line item Number 393-6010-561-6208. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelly Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 21d day of October, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 Aventura High School Construction Project Kaufman Lynn Construction Change Order D Date: October 2, 2019 Item Description Amount Radio This change order includes the conduit for the system, fire Enhancement stopping,coring, the 2 hour chase at each floor, reworking System Rough-In ceilings, opening up the walls to get to the tilt panel, painting new chase walls along with adjacent walls, reinstalling base, small VCT repair, and patching the roof conduit for the antenna.This is figured as night and weekend work as well as having a framer at 6:00 am for daily inspections. $ 78,215.00 Total $78,215.00 Approved by City of Aventura City Manager XLKAUFMANLYAN CONSTRUCTION Kaufman Lynn Construction,Inc. Project: 1072 - Aventura Charter School 3185 S.Congress Avenue 3151 NE 213th St. Delray Beach,Florida 33445 Aventura,Florida 33180 Phone: 561-361-6700 Fax: 561-361-6979 Prime Contract Change Order : Radio Enhancement System Rough-In TO: City of Aventura FROM: Kaufman Lynn Construction,Inc. 19200 West Country Club Drive 3185 S.Congress Avenue Aventura,Florida 33180 Delray Beach Florida 33445 DATE CREATED: 9/24/2019 CREATED BY: Alissa Warfield(Kaufman Lynn Construction, Inc.) CONTRACT STATUS: Pending-In Review REVISION: 0 DESIGNATED REVIEWER: Josh Zimmerman(Kaufman Lynn REVIEWED BY: Construction,Inc.) DUE DATE: 09/24/2019 REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT: 0 days EXECUTED: No CONTRACT FOR: 1072:KL Standard Project Template Prime TOTAL AMOUNT: $78,215.00 Contract DESCRIPTION: CE#159-Radio Enhancement System Rough-In This change order includes the conduit for the system,fire stopping,coring,the 2 hour chase at each floor,reworking ceilings,opening up the walls to get to the tilt panel,painting new chase walls along with adjacent walls,reinstalling base,small VCT repair,and patching the roof conduit for the antenna. This is figured as night and weekend work as well as having a framer at 6:00 am for daily inspections. ATTACHMENTS: RCO-1808-37 BDA Conduit Raceways OT MU.odf Tecta-CO-Pr000sal.pdf Est 5610 ZAHARIONS FLOORING.pdf Lotsoeich-RCO-#24.odf Broad line-Paint-CO-#4.odf POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 064 Radio Enhancement System Rough-In 0 days 78,215.00 TOTAL: $78,215.00 CHANGE ORDER LINE ITEMS: Kaufman Lynn Construction,Inc. page 1 of 2 Printed On:9/26/2019 09:00 AM XL KAUFMAN LYNN CONSTRUCTION PCO#064:Radio Enhancement System Rough-In C Cost Code Description Funding Source Type Amount Labor,equipment,and materials for installation of 1 16-050-Basic Electrical additional conduit and raceways for new BDA Owner Change Order Subcontractor S 42,857.00 system Labor,equipment,and matenals for demolition, 2 9-050-Drywall Package reworking ceilings.and budding the chase with Owner Change Order Subcontractor S 21,234.00 access doom for radio enhancement system 3 7-300-Roofing/Shmgleslydes Labor,equipment,and materials for 2"conduit Owner Change Order Subcontractor S 913.00 penetration for radio enhancement system Labor,equipment,and matenals for VCT repairs 4 9-650-Carpet/Resilient Floor and replacement associated with radio Owner Change Order Subcontractor S 2,183.00 enhancement system rough-in Labor,equipment.and materials to prime and 5 9-901-Painting Package paint chase for radio enhancement system and Owner Change Order Subcontractor S 2,310.00 adjacent walls as specified Subtotal: $69,497.00 Fee:10.00%Applies to all line item types. S 6,950.00 GL: 1.25%Applies to all line item types. S 956.00 Bond:z 1.05%Applies to all line Item types. $812.00 Grand Total: $78,215.00 Rodney Crockett(PGAL,Inc.) City of Aventura Kaufman Lynn Construction,Inc. 791 Park of Commerce Blvd.,Suite 400 19200 West Country Club Drive 3185 S.Congress Avenue Boca Raton 33487 Aventura Florida 33180 Delray Beach Florida 33445 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Kaufman Lynn Construction,Inc. page 2 of 2 Printed On:9/26/2019 09:00 AM 111F=..-111‘...- _ _ - AIeSERVE lef i�ovv e r 5y sit oft CHANGE ORDER REQUEST CHANGE ORDER NUMBER RCOa1808-37 REVISION a NA PROJECT: DATE 8/14/2019 RFI a AVENTURA CHARTERHIGH SCHOOL PROJECT NUMBER:1808 SKCH a 3151 NE 213 STREET RE: Additional Conduit and Raceway for a New BDA System ITC a CONTRACTOR KAUFMAN LYNN Owner Directive Owners Request 3185 S.Congress Avenue GC Directed By Brandon Dekay Beach,FL 33445 AHJ CHANE ORDER REPORT QUOTES l I MATERIAL OT LABOR HRS Supply and Installation of(17)16x16,8 Metal Enclosures $ 744.00 71.70 Toll scope of work.,owed al mroaa aro wnvu co rt..the On. Supply and Instalhion of(1)Nema 3R Metal Encloser on Roof S 216.00 4.10 No Chane Supply and Install 2inch conduit on first floor as per PSO6 Rev.2 (220Feeet) S 675.00 126.00 TI„n a Inaba].paw...Neap Inataiud and oroauc.on Pp*nuq Supply and Install 2inch conduit on Second floor as per PS06 Rev.2 (125Feeet) $ 455.00 28.00 the e a lima.d sp.ra oath der.p inaiaidv and op.auceon Poo',Wig Supply and Install 2inch conduit on Third floor as per PS06 Rev.2 (125Feeet) 5 675.00 56.00 The in a saan.d apace aam ce.ne.nGibd and oowucwn Pee nug Supply and Install 2inch conduit on Fourth floor as per PS06 Rev.2 (125Feeet) S 455.00 28.00 Thea.saved space we,Going nataied and oceauvon Pae nu p Supply and Installation of Conduit and Raceway on roof S 490.00 12.00 Ho G.naa Core Doll in Stair#1 1st to second and second to third S 500.00 No change Core DNI in Stair 2 1st to second and second to third S 500.00 No chane. Core Drill 2 Riser holes behind Fire Pump room it Classroom 115 5 1.140.00 No change Wall core dols on first floor S 600.00 No Change Wall core dols on second floor S 300.00 NO Gamma Wall core dots on third floor 5 300.00 No Clava. Wall core tints on fourth floor $ 300.00 No Clomp. HAS Fire Caulck all Fire wall locations that has been drilled 5 340.00 16.00 Clean UP for Dust and Construction Debns 40.00 201 Ceding Tiles for Replacement S 140.00 4.00 Clean and Rope Fxistmg Conduits 4.00 Electrical Power required for Head end Equament $ 850.00 3.00 Fire Alarm Devises and Programming.Drawings and Permit Revision Not Included in Pnce S 2.500.00 NOTE:PRICE IS BASED ON NECA 2018 NOTE:Price does not Include Paint Touch up Price does not Include Patch or Repair to drywall Price does not include Roof Patch and Repair Price does not include underground trench or Repair SUB-TOTAL S 6,140.00 S 5.040.00 392.80 JOB EXPENSES 7.00% $ 429.80 S 352.80 FNGEIEERNG 5 • TOTALS S 8,569.80 S 5,392.80 392.80 ESTIMATING 5 - RECAP EQUIPMENT RENTAL $ - LABOR PERCENTAGE HR.RATE , LABOR HR. LABOR SUB TOTAL SHIPPING B HANDLING $ ENGINEERING @5% t PARKNG $ - PROJECT MANAGER @10% PERMITS B FEES $ FORMAN®20% ONSITE SUPERVISION S PROJECT MANAGEMENT $ - ELECTRICIAN X50% - HELPER @.15% STORAGE TRAO.ER $ . NIGHT AND OVERTIME LABOR RATE $ 67.50 S 26,514.00 TELEPHONE $ - TEMPORARY POWER $ - TOTALS FORM RECAP TOOLS%OF MATERIAL S - TOTAL LABOR COST 9 26,514.00 TRUCK $ . TOTAL MATERIAL COST $ 3.392.80 MINI EXCAVATOR $ QUOTATIONS $ 6,569.80 SUB-CONTRACT CONTINGENC $ - JOB EXPENSE(Equipment Rental) $ - SUB-CONTRACT OTHER S - TOTAL PRIME COST 5 38,476.60 S - S - %OVERHEAD 10 5 3,647.66 S • NET COST $ 42,324.26 S - %PRCfl74 $ 3144044 $ - SELLING PRICE S -44.140.87-$42,324.26 S - CREDIT.$ S - SUB TOTAL $ -41.149-H-$42,324.26 s - PLUS BOND S 532.88 TOTALS $ - TOTAL CHANGE TO THE CONTRACT S -444741.86-$42,857.14 AN INCREASE OF 0 DAYS ARE NEEDED TO COMPLETE THE PROJECT AS PER THE ADDED SCOPE OF WORK. OWNER I CONTRACTOR SIGNATURE DATE ELECTRASERVE SIGNATURE DATE 1 ESTIMATE WORKSHEET JOB#: 13-2365 Aventura Charter School RE: chase walls Material QUANTITY UNIT TOTAL Firestop Sealant 4 10.95 43.80 21/T CH studs 240 0.82 196.31 2 112"J runner 280 0.65 182.57 5/8"Drywall 504 0.30 151.20 1"ShaBwall Liner 240 0.71 170.40 Wall angle - 360 0.30 108.00 Visqueen 4 45.00 180.00 Ram Board 6 40.00 240.00 Durabond 45 8 10.19 81.52 Joint Compound 4 13.95 55.80 Joint Tape 4 3.75 15.00 18"x 18"Access Doors 4 150.00 600.00 Armstrong Ceiling Tile#1713 2 44.10 88.20 Misc. Materials 211.28 TOTAL MATERIAL 2,324.08 SALES TM 182.69 TOTAL MATERIAL 2,486.77 CATEGORY HOURS RATE TOTAL CARPENTERS 184 73.50 13,524.00 LABORERS 24 5400 1296.00 SUPERINTENDENT 40 81.00 3240.00 PROJECT MANAGER 85.00 0.00 TOTAL LABOR 18,060.00 TOTAL MATERIAL 2,486.77 SUBTOTAL 20546.77 CONTRACTOR OH&FEE 373.02 SUBTOTAL 20,920.00 BOND 313.80 TOTAL 21234.00 J:totspeich123551estimatevco#24.xlsx DEERFIILLDD BEACH Tc TAAnmkic.n De.F.roeE:C ,3144: ImH19-9339 TECTA AMERICA SOUTH FLONDA 054)419037 FAX Change Order Roofing Proposal Kaufman Lynn Construction JOB NAME:Arentura Charter High School Attention:Brandon Rastok brastokiidkaufmanlynn corn ADDRESS: JOB ADDRESS:35 I NE 313^Street CITY/STATE: CITY/STATE:Miami FL 33180 TECTA AMERICA SOUTH FLORIDA, INC,a Florida licensed contractor(Ronda License No. CCC1326971)proposes to the Owner to perform in a workmanlike manner the roofing construction work described below under Specifications for the Owner at the above referenced building. I. NATURE OF WORK:TECTA AMERICA SOUTH FLORIDA.INC shall furnish the labor and material necessary to perform the construction work described herein or in the referenced contract documents. TECTA AMERICA does not provide engineering, consulting or architectural services. It is the Owner's responsibility to main a licensed architect or engineer to determine proper design and code compliance. TECTA AMERICA assumes no responsibility for structural integrity,compliancewith building codes. or design. II plans.specifications or other design documents have been furnished to TECTA AMERICA.Customer warrants that they are sufficient and conform to all applicable laws and building codes. TECTA AMERICA is not responsible for any loss,damage or expense due to defects in plans or specifications or building code violations unless such damage results from a deviation by TECTA AMERICA from the contract documents. Customer warrants all structures to be in sound condition capable of withstanding normal activities of roofing construction equipment and operations. Contractor is not responsible for location of roof drains.adequacy of drainage or ponding of water on the roof. All roofs should have positive drainage. 2. SCOPE OF WORK PLEASE SEE ATTACHED EXHIBIT"A" ITOTAL PROPOSAL PRICE Base Bid $913.00 I Nine Hundred Thirteen Dollars and /00 3. CONTRACT PRICE:Tecta America South Florida,Inc proposed to perform the work in accordance with the above specifications for the above price. 4. TERMS AND CONDITIONS:The terms and conditions set forth herein attached are part of this Proposal and Contract. Owner acknowledges receipt thereof. S. CONTRACTOR'S RIGHT TO RESCIND:Contractor reserves the right to withdraw or revise this Proposal until such time as Owner communicates his acceptance to Contractor. This proposal may be withdrawn after communication of acceptance where an inadvertent error by Contractor has occurred. This Proposal expires thirty(30)days after the date stated below if not earlier accepted revised or withdrawn. 6. ACCEPTANCE: Acceptance of this Proposal by Owner shall be acceptance of all TERMS AND CONDITIONS recited herein. Upon acceptance this Proposal shall become a binding contract between Contractor and the Owner. This Proposal and the plans.specifications and other documents.if any referenced in this proposal shall constitute the entire agreement between the parties. Respectfully Submitted, Accepted by, TECTA AMERICA SOUTH FLORIDA INC. Signature(check one):( )owner;( )owner's agent Wayne T.Biso nkni/Estimator Name: Date: September I I,3019 Title: Date: SCOPE OF WORK EXHIBIT"A" 2"Conduit Penetration for Radio Enhancement Material:$50.00 Labor:$780.00 Sub total:$830 Mark up:$83.00 Total:$913.00 INITIAL 2 DATE ZAHARIONS FLOORING PROPOSAL LAKE PARK, FL 33403 561-848-0454 Date Estimate No. 9/11/2019 5610 Name/Address Ship To KAUFMAN LYNN CONSTRUCTION 3151 NE 213th Street 3185 S. Congress Avenue Aventura.FL 33180 Delray Beach, FL 33445 Project Aventura Charter School Description Qty U/M Rate Total repairs and replacement of VCT and base work 16 71.25 1,140.00T to be completed after hours. 1 mechanics repairs and replacement of VCT and base work 16 56.25 900.00T to be completed after hours. 1 helper extra stock materials on site to be used. 7%SALES TAX 7.00% 142.80 Total $2,182.80 Broadline Painting, LLC - -7, , ' 1854 NW 54th Ave, Margate, Fl. 33063 TEL: 954-972-1164 FAX: 954-972-1146 Website:www.broadlinepaintingllc.com E-mail: gregpinto@bellsouth.net CLIENT:Kauffman Lynn JOB NUMBER:9581R14 ADDRESS:4850 T-Rex Avenue,Suite PAGE:1 of 1 300, Boca Raton, Florida DATE:9/9/2019 JOB NAME:Aventura Charter High JOB ADDRESS: 3151 NE 231th Street,Aventura, CONTACT:Greg Pinto FL PREPARED BY: Matthew Belnavis TYPE OF WORK: Interior/Exterior WORK INCLUDED AMOUNT Location Qty Unit Finish Unit Cost Total Cost Notes Prrime&Paint Chase&adjacent walls as specified 2200 Unit Eggshell $ 0.70 $ 1,540.00 Night&weekend work 1 Unit $ 770.00 $ 770.00 Grand Total $ 2,310.00 • ► 1 ► t • - - • • Price is good for six months. • All work shall be performed with strict accordance to Manufacturers Specification. • All Employees are covered under Workers Comp Insurance. • Cost includes$5,000,000 General liability Insurance. • Cost includes all material,labor,equipment&taxes I Broward:CC#03-10880-PU-* Palm Beach:U-20029 Miami:96BS00314 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasso City Manager BY: Joanne Carr, AICF Community Development Director DATE: September 27, 2019 SUBJECT: Request of Bartaco Aventura LLC for Conditional Use Approval to allow the sale and service of alcoholic beverages at an indoor cocktail lounge/bar area within the Bartaco restaurant located in Suite 104, 2906 NE 207 Street, City of Aventura, in the Aventura ParkSquare development (04-CU-19) October 2, City Commission Meeting Agenda Item t RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at an indoor cocktail lounge/bar area within the Bartaco Aventura restaurant in Suite 104, 2906 NE 207 Street, in the Aventura ParkSquare development, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to Bartaco Aventura LLC restaurant in Suite 104, 2906 NE 207 Street, in the Aventura ParkSquare development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food within the restaurant. This does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State liquor license. The kitchen shall be open and food shall be available for service at all times when alcoholic beverages are being sold and served. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, Bartaco Aventura LLC is requesting conditional use approval to sell and serve alcoholic beverages in an indoor cocktail lounge/bar area within the restaurant to be located in Suite 104, 2906 NE 207 Street, in the Aventura ParkSquare development, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Parksquare Retail LLC APPLICANT Bartaco Aventura LLC ADDRESS OF PROPERTY 2906 NE 207 Street, Suite 104, City of Aventura (See Exhibit#2 for Location Map) LEGAL DESCRIPTION Parts of Blocks 17 and 18, alleys and vacated roads within the plat of Hallandale Park No. 8, recorded in Plat Book 20, Page 49 and Part of Tract 1 within the plat of Lauranna recorded in Plat Book 76, Page 31, of the Public Records of Miami-Dade County, Florida 2 Zoning — Subject Property: TC3 Town Center Neighborhood District Properties to the North: OP Office Park District CF Community Facilities District Properties to the South: CF Community Facilities District, and B2 Community Business District Properties to the East: RMF3 Multifamily Medium Density Residential District Properties to the West: B2 Community Business District Existing Land Use — Subject property: Mixed Use Development Properties to the North: Office Park Properties to the South: House of Worship & Retail Plaza Properties to the East: Residential Condominium Properties to the West: Retail Plaza Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Town Center Property to the North: Business and Office Property to the South: Business and Office Property to the East: Medium-High Density Residential Property to the West: Business and Office The Site — The Bartaco restaurant is proposed to be located in Suite 104 on the ground floor of the Aventura Park Square mixed-use development, adjacent to the interior driveway on the east and to the Aloft Hotel on the west, as shown in Exhibit #3. The Project - Bartaco Aventura LLC is proposing to open a restaurant in Suite 104 of the Aventura Park Square mixed-use development on NE 207 Street at NE 30 Avenue. The restaurant will be located on the ground floor adjacent to the Aloft Hotel. Entrance is by way of the interior driveway sidewalk. The restaurant will have 2710 square feet of total floor area with 182 seats indoor and outdoor. There is 2132 square feet of indoor floor area with 95 seats at tables and benches, 29 seats at the indoor bar/lounge and 578 square feet of outdoor patio area with 58 seats at tables and benches. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor bar/lounge area. The patio area is approximately 580 feet from the private school and approximately 935 feet to the religious facility, both to the south, and is completely screened by planters. The hours of operation of the restaurant will be from 11 a.m. to 11 p.m., Monday through Thursday and 11 a.m. to 12 a.m., Friday and Saturday. The restaurant and the cocktail lounge are permitted uses in the TC3, Town Center Neighborhood, zoning district. The proposed floor layout is attached as Exhibit #4 to this report. The applicant will be applying for a 4COP series, SFS class, liquor license from the State of Florida for sale and service of liquor, wine and beer. 3 ANALYSIS Sales and service of alcoholic beverages are permitted by Code at tables and benches inside the restaurant and at tables and benches in the outdoor patio; however, sales and service of alcoholic beverages at the indoor bar area requires conditional use approval due to the number of seats and distance and spacing requirements of Chapter 4 of the City Code, as detailed in the "Community Development Department Analysis" below. Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments - As of the date of writing of this report, the Community Development Department has received no citizen comments. Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the TC3 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 200 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 4000 square feet of floor space. The dining room and outdoor patio in the applicant's proposed restaurant meets the exemption criteria of Section 4-2(e) of the City Code. Conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the indoor bar/lounge area because it does not meet the exemption requirement for floor area and number of seats. The applicant's proposed restaurant has a total of 2132 square feet of indoor floor area and 124 indoor seats. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #5. The survey reveals one (1) establishment with an alcoholic beverage use (which establishment is not one of the uses listed as an exception from the spacing requirements of the City Code) within 1,500 feet; that being the Winn Dixie Liquor store at 20355 Biscayne Boulevard. In addition, the survey identifies three (3) religious 4 facilities and three (3) schools within 2,500 feet; those being the Aventura Turnberry Jewish Center and Tauber Academy within the City limits, Beth Torah Benny Rok Campus and Hochberg Academy, Netive Ezra and Aventura Waterways School outside of the City limits. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Town Center. The Town Center future land use designation is designed for both residential and business uses, including restaurants. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the indoor cocktail lounge/bar area within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on-premises consumption of the alcoholic beverage will be made only in conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The restaurant is located on the ground floor of the Aventura Park Square mixed-use development and is adjacent to other planned restaurant spaces. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and residential uses. The proposed use is consistent with the community character of the immediate neighborhood and existing uses within the Aventura Park Square development. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. The Aventura Park Square neighborhood town center is developed. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The proposed use will not change the current levels of service required. 5 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed use is located within the Aventura Park Square mixed-use development. Adequate measures exist to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the development is by way of accesses on NE 207 Street, NE 205 Street, NE 30 Avenue and NE 29 Avenue. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The restaurant is located on the ground floor of the Aventura Park Square mixed-use development. It will have no visual or other adverse effects on adjacent property. The development provides the required setbacks, buffers, landscaping and other design criteria approved by the City. The outdoor patio is completely screened from view by planters and landscaping. FINDINGS Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. DISCLAIMER AND CONDITION Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 6 333 S.E. 2ND AVENUE GRAY ROBINSON SIITE 3200 BOCA RATON MIAMI• FLORIDA 33131 FORT LAUDERDALE ATTORNEYS AT LAW TEL 305-416-6880 FORT MYERS FAx 305-416-6887 GAINES✓ILLE Exhibit 1 JACKSONVILLE 04-CU-19 KEY WEST LAKELAND 305-416-6880 MELBOURNE VALERIE.RABERN RAY-ROBINSON.COM MIAMI September 18,2019 NAPLES ORLANDO TALLAHASSEE TAMPA VIA EMAIL (carrj(Mcityofaventura.com) WEST PALM BEACH Joanne Carr, AICP Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33280 LETTER OF INTENT Dear Ms. Can: Please accept this correspondence as our letter of intent relating to the attached public hearing application ("Application"). This law firm serves as counsel to Bartaco Aventura, LLC (the "Applicant"), the lessee of the restaurant space located at 2906 NE 207ih Street, Suite 104, Aventura FL 33180(the "Property"). The Applicant is finalizing construction of a full service restaurant with a patio serving alcoholic beverages. The Applicant will be applying for a type 4COP SFS (special food service) alcohol beverage license to allow for the sale of beer, wine,and spirits for on-premise consumption. The Property is owned by ParkSquare Retail, LLC. The Bartaco group falls under the umbrella of Del Frisco Restaurant Group, with sister brands like Double Eagle Steakhouse, Del Frisco's Grille,and Barcelona Wine Bar. Bartaco is a proven restaurant concept with multiple restaurants throughout the country. Bartaco's MI-service restaurant menu offers tacos, salads, rice bowls, and seasonal market specials pulling from a broad palate of bold flavors. The decor is light and breezy, with the air of a rustic beach shack. The Property is within the same structure as the AC Hotel, and is surrounded by similar commercial uses. The Property is zoned TC3. The Property has a total of 182 seats- 124 inside and 58 outside. The Property contains a total floor area of 2710 square feet - 2132 square feet as interior space and 578 square feet as patio space. Distance Separation Requirements: Pursuant to the City of Aventura Code of Ordinances, distance requirements are 1,500 feet from a similar use (subject to exceptions), and 2,500 feet www.gray-robinson.com CRAYRORINSON PROFESSIONAL ASSOCIATION Joanne Carr, AICP September 18, 2019 Page 2 from a religious facility or school. See City Code SE. 4-2 (a)-(b). Restaurants in the TC3 zoning district that serve full course meals daily prepared on the premises are exempt from alcohol beverage distance requirements; however, if there is a cocktail lounges in a restaurant containing all necessary equipment and supplies for and service of full course meals regularly within the restaurant, the restaurant is only exempted from distance requirements if it has at least 4,000 square feet of floor area and at least 200 seats. See Sec. 4-2(e)(2). The radial distance survey prepared by Survey Pros, Inc. and enclosed with this application followed the following guidelines for measurement: • 2,000 feet to similar uses, measured by following a straight line from the nearest portion of the proposed structure to the nearest point of the existing structure; • 3,000 feet to religious facilities and schools, measured by following a straight line from the front door of the proposed place of business to the nearest point of the existing religious facility or school grounds. The following distances were identified: • Similar establishments: o Barrio Latino Restaurant (724 feet). This establishment holds a 4COP SFS license. o Asaka Japanese Restaurant (832 feet). This establishment holds a 2COP license. o Chuck E. Cheese (972 feet). This establishment holds a 2COP license. o Sicilian Oven (704 feet). This establishment holds a 2COP license. • Religious facilities: o Aventura Turnberry Jewish Center(1,560 feet) o Beth Torah Benny Rok Campus (1,481 feet) o Netive Ezra (2,355 feet) Based on these survey results, it appears that all four "similar establishments" are exempt from distance separation establishments as full service restaurants without cocktail bar areas. However, the Aventura Turnberry Jewish Center and Beth Torah Benny Rok Campus are both impacting establishments within the proscribed distance buffers. GRA V ROBINSON PROFESSIONAL ASSOCIATION Joanne Carr,AICP September 18, 2019 Page 3 Conditional Use Criteria: We respectfully submit to you that the instance application meets the criteria for issuance of conditional use approval pursuant to Section 31-73 of the City's Land Development Regulations as follows: The Property is compatible with other land uses permitted in the TC3 Town Center Neighborhood District insofar as the TC3 District is intended to support mixed residential/commercial use developments, with indoor and/or outdoor commercial recreation uses. Permitted uses include full service restaurants. Moreover, the proposed use and location of the Property in relation to impacting establishments meets the special criteria for conditional use as follows: (1)The proposed use shall be consistent with the Comprehensive Plan; Pursuant to Map 1-7 of the City of Aventura Comprehensive Plan (Future Land Use Map), the Property falls within the Future Land Use "Business and Office" category. This category accommodates the full range of sales and service activities, including retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. Accordingly, the proposed commercial use falls squarely within this liberal use district. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health,safety, or general welfare; The Applicant has a long history of responsible and high-end service throughout the country, and will operate in full compliance with all City, State, and Federal regulations governing hours of sale, alcohol sales and service, food safety, and the like. Care will be taken to minimize noise impacts to adjacent buildings and uses. The proximity of the proposed use to religious facilities is mitigated by a number of factors. The Aventura Turnberry Jewish Center is separated by the proposed use by two streets (NE 205th and NE 206th streets), and is already in closer proximity and in a directly adjacent structure to multiple food service establishments. Native Ezra is separated from the proposed use by a large shopping center along Biscayne Boulevard, the 6-lane Biscayne Boulevard, and sit approximately 1,200 feet to the west of Biscayne Boulevard. Due to these factors, it is unlikely that the proposed use would have any impact whatsoever on either religious facility. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; The proposed restaurant use is compatible with surrounding uses, which include an Aloft hotel within the same structure, which has a bar area, and multiple mixed use CRA Y ROBINSON PROFESSIONAL ASSOCIATION Joanne Can,AICP September 18, 2019 Page 4 residential/commercial buildings within the same "Aventura Park Square" complex of structures. Directly across 2071h Street is the Marriot AC Hotel, with the AC Lounge (bar) and eating establishments. In short, the Property is surrounded by similar and compatible uses. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; It is not anticipated that the proposed use will add additional burden to public facilities, (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; No changes to means of ingress or egress are proposed. It is not anticipated that the bar element of the full-service establishment will create additional vehicular traffic to establishment. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and The presence of this restaurant will likely drive foot traffic to this area, and encourage further development of the neighborhood by surrounding businesses. No detrimental impacts to neighboring residences or businesses are anticipated. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. 'The Applicant has been painstaking in its planning and development of the space to preserve the integrity of the original concept, and the proposed space will meet all zoning requirement set forth in the City Code. Based on the foregoing, we respectfully request your consideration of this Application. 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STATE SEISSTRATCH IL.> e*/ 0 MAMIE (EL 1' ,, „\\„,„:„ • 0 it _1 ;,,,,,z C) 0 fld . 0 0 s=i .,•,. ,•!...,....-, , Eli , .. „ . - • ..'" •-• Mae, 5612 • ••=•'•:'•-. • . . .. 4 't . ,. ,, -. • - BAINTRETRAIOCOR ALTERATION ) i _1 ENTU RA OCCUPANCY CALCULATION MMIE, MMI St Tv Mi AA NOM) , ©OCCUPANCY CALCULATION A0.2 , WITG1E Or w.OIIPA'10,I s-aU MAP OF SPECIFIC PURPOSE Survey Pros, Inc. 8306 MILLS DRIVE SUITE 148.MIAMI,FL.33183 Tel:305.767.8802 "DISTANCE" SURVEY www.survey-pros.com FOR A PORTION OF LAND LOCATED IN MIAMI—DADE COUNTY, FLORIDA. 1 1,.._ al 11 I ,: ( y r►f NORTH it,�1017•" ,tom : ‘'NOT TO SCALE . . 1 j G A ' ' ` —. 'I 171,14W-.4- y B _ _ tet".1..• tV ..- Ir.:1;:'. ,:jet....:" .7'.-/.. 4--' . : ..t ; . _ , , , . .•.T.:. .r...... , illikt> 1141 J, .11 ,. 0 m C) 3- PROPERTY ADDRESS: C Cr SPECIFIC PURPOSE SURVEY FOR: 2906 NE 207TH STREET ,1 "' AVENTURA,FL.33180 COW al SURVEYOR'S NOTES: 1.THIS IS NOT A BOUNDARY SURVEY. 2.THIS SPECIFIC PURPOSE SURVEY WAS PERFORMED ON JULY 22ND.2019. 3.THE FOLLOWING GUIDELINES WERE USED TO CREATE THIS SPECIFIC PURPOSE SURVEY,AS PROVIDED BY THE CLIENT: A. 11 500-SIMILAR USES SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST PORTION OF THE PROPOSED STRUCTURE TO THE NEAREST POINT OF THE EXISTING STRUCTURE. B.33 000-RELIGIOUS FACILITIES AND SCHOOLS SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE FRONT DOOR OF THE PROPOSED PLACE OF BUSINESS TO THE NEAREST POINT OF THE RELIGIOUS FACILITY OR SCHOOL GROUNDS. 4.THE METHOD OF LOCATION OF THE VARIOUS ESTABLISHMENTS WAS VISUAL IDENTIFICATION BY OUR PERSONNEL IN THE FIELD. 5.THE LOCATION OF THE PROPOSED FACILITY IS 2906 NE 207TH STREET,AVENTURA,FL.33180 AT THE SITE MARKED HEREON. THE FOLLOWING ESTABLISHMENTS WERE LOCATED: 1,500 FEET DISTANCE REQUIREMENT AS STATED ABOVE: A.BARRIO LATINO RESTAURANT(20475 BISCAYNE BOULEVARD G 1-3,AVENTURA,FL.33180),MEASURED 724 FEET. B.ASAKA JAPANESE RESTAURANT(20355 BISCAYNE BOULEVARD,AVENTURA,FL.33180).MEASURED 832 FEET. C.CHUCK E.CHEESE (20335 BISCAYNE BOULEVARD I-1,AVENTURA,FL.33180),MEASURED 972 FEET. D.SICILIAN OVEN(20475 BISCAYNE BOULEVARD,AVENTURA,FL.33180),MEASURED 704 FEET. E.WINN DIXIE WINE 8,SPIRITS(20335 BISCAYNE BOULEVARD.AVENTURA,FL.33180),MEASURED 954 FEET. 3,000 FEET DISTANCE REQUIREMENT AS STATED ABOVE: F.AVENTURA TURNBERRY JEWISH CENTER(TAUBER ACADEMY)(20400 NE 30TH AVENUE,AVENTURA,FL.33180).MEASURED 1,560 FEET. G.BETH TORAH BENNY ROK CAMPUS(HOCHBERG ACADEMY)(20350 NE 26TH AVENUE,AVENTURA,FL.33180).MEASURED 1,481 FEET. H.NETIVE EZRA(BET HAKNESSET YOSEPH MORDECHAI VEESTHER)(2655 NE 207TH STREET,AVENURA,FL.33180),MEASURED 2.355 FEET. I.AVENTURA WATERWAYS(21101 NE 26TH AVENUE.AVENTURA,FL.33180),MEASURED 2.031 FEET. CERTIFIED TO: REVISION(S): BARTACO 09/23/19•ADDED ESTABLISHMENT WITHIN NEW 1.500'DISTANCE. .108819094526 SURVEYOR'S CERTIFICATE: DATE OF FIELD WORK: I HEREBY CERTIFY THAT THIS SPECIFIC PURPOSE SURVEY IS TRUE AND CORRECT TO THE BEST ;✓",bQ DE•1, 0724/19 OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND DRAWN UNDER MY DIRECTION. •�\(IC)-_____.., ....•ia JOB#.I907�I 7. / ,G 8. *I NO.6945 \* : DRAWN BY.NICK $O TATE OF MICE:BARTACO AUTHENTIC COPIES OF THIS \\ IJ) SURVEY SHALL BEAR THE •'',�j, RL OM 14 .• SHEET f OF 1 ORIGINAL SIGNATURE AND s. ^-. O/Q.b.' RAISED SEAL OF THE NICOLAS DEL VENTO . 44 SURVEY ATTESTING REGISTERED PROFESSIONAL SURVEYOR&MAPPER ' SURVEYOR AND MAPPER STATE OF FLORIDA LIC.8 6945 ••"'""""'""•, APPLICANT REPRESENTATIVE AFFIDAVIT 'y.„..✓' Pwsuanl H Section 31-71(b)(4)of De City a Avnturs land Development Code.INS Applicant Rapreseniathe MOM Is hereby mode and soOmiled. The antlers:Road authorized repesnlMve of IM individual or nay applying fa the Oeuebprenl PvtdI,which N Handfed in the eaompamiry appicaWn,and de[smog of Bepoverty subject to Me appdatonNdafsen')hereby Lisa and Hennes Mplmaw rapseseNne the h&FWduel or wilily applying for the Development Permil in canned Mlh the application.as Wart. Name Relationship(ie.Attorneys.Architects.Landscape Architects.ErgNesm,Lobbyists.ticJ Valerie Haber, Esq. Attorney for Bartaco Aventura, LLC (Attach Additbnal Sheets II Necessary) NOTICE ANY STATEMENT CR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDNIDUAL OR ENTRY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-11(B)(2111V)OF THE CITY'S LAND DEVELOPMENT REGULATIONS WINE CITY CODE IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CRY BOARD OR COMMISSION. THE INFORMATION PROVIDED W THE AFFIDAVIT BECOMES WCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 19 LUY OF _ Sept 10019 AUTH FIZZED REPRESENTATIVE OF APPLICANT: OWNER �,(// By. gllpi- - By: !i/1�F7 !. Valetta Haber �4.ci jta Name:_ Name: Yl (FlnU - _ hrW ,-- Title: Attorney TBIe: SrY ext-Item GrayRobinson, P.A. t� r� E7- 1 Addrenarl CP 2 Avon of Adders: yG` 5n*,a;i KLSkkm oaA(9V0WP\ . Suite 3200 f r 11.-15 (03 M ,F ianL 33131 e L s. L. _ 1�F STATE OF FLORIDA f COUNTYOFMIAMIDADE) Before me the undersigned auMorily personally appeared Valerie Haber as the autaized representative of Ne Applicant adbr the owner of the properly sailed to the*Ovation, who Wag Ectal y ly sworn,cid weer or affirm h&ahe executed this AHdadI for the purposes slated therein and that A Is We endowed. / (t AFFIA SWORN TO AND SUBSCRIBED BEFORE ME Nis 181ay of September 204! � 8� 4l 61aUb '•.�1nT MycomD sIO a2 Z11 ACKNOWLEDGMENT State of Texas County of Dallas On September jg19 before me, William S. Martens, III, Secretary, personally appeared, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ITANIS ELSEN I J� KNNotary ID#126240593 �1 3'.My Commission I AAugust)f,2023 BUSINESS RELATIONSHIP AFFIDAVIT* TM Amdavl is made pursuant lo Salim 11-11(bx2l00 of the City of Awnbra Lad DablopmwP Cale. The uaMsped Amend Hereby discloses Ural. Pnak wilh'x applicable pods army) N I. ARanI Ores nu have a Business Relationship with any mantes of the Clly Camnsskm or ay C$y AMisory Board to MAO megplc lcn will be presenled. 111. Akan hereby'boluses Val!dais havB a Business ReIaviNp Mb a member of the Cary Commission or a Cily Advisory HOW Ia AMM ND eppkaldn wd be pmenle0 as Maw (Cal name a Commissioner a Advisory Goad Mantel) Mo sews on the (Licl Coy Commission Of Cily Advisory Beed upon With member saves) Me nature alta Business Relationship is as Hove: III Member d Cay Commission o Bead hops an ownership Internal In excesses l%d HM easels or cartel stock of Apponl a Representative: o. Mamba d Oly Commission a Board is a partner,m•shwenolde as to shares of a nrporMul which ere nil bed on any nalknal or regional Mad eadage)o-YY venturer wdh he Alpacarl o Represntalhm in any business vMnre, Iltii. The Applwnra Represmlatw a a Client ala cumber d the Cy COMMIW00 a Board or a Client dBrother prassioal waking from the same ace or or The awne annoyer as Pre maybe d the Cay Commission or Board. Ile. A City Commesiaw or Board mamba is a CAM of the ApptSnl a Repesenlahve: 1l M. The Appkanter Repesedaaw ere Cusloa of the member d Vd Cly CarMsaion a 001110(or el Ms o her employer)and Panals Brom!ban$101100.00a The Warless ase member Commissions load(a his or teranpoye)k a Oren Maeda year. 11 W. The member of The Cay Commission or Board is a Customer el Iha App cnl or Repesenlain and baeemls nae than$25,000.00 or file business of Pe Applicata RepeseMellve o apnea Sender year. WITNESS MY HANDTMS 18 DAY OF September 1089 APPLICANT: Gaol Nm y,�'$IH1m {.1$'Id y1<,YtS (Para) Tide: eve vMaj (Frio WITNESS MY MOTHSI� MYIM ° 7r'ryIDG1 y1B'.Iq TANTS RNE6LSEH NOUFYIDat 11aN0541 PROPERTY OWNER: ,71kfl: My Eommisalon Eeplres August 11, 1011 Bveal Name' N[/JeN as eta In(pi Title. AAA al A 61 NnrPl '/he lama "Business Releliortstip,' Tlienl' Tuslomler.':Applicant,' 'Wepiesm&rive end ImwesMtl Pnscvi we defined in 5ttlionf95 doe Anenn.YaCiy Code �) _il ltasonaliy yon( /14Prt Shia � lG/��4. 7y// r,u.M$.1 :sura yht<4.4i 2me Int a•bre DANIELLE ARNOLD d�e�4a�sesrO�r�X�✓ �'yl_PaawglP /^aa jn-'?:n Notary Pubuc-Slate of:roma (T ?Of/cEoea"IN of ate/. 1'1n. My Comm.Eapres Jut 15e 11011 LT// Y 6omtt tmarp surae.weary Assn. iaa'�k ufl 'fD1.4 . WITNESS MY HAND THIS 18 DAY OF September 2009 REPRES&NI T tried on Business Relationship Affidavit) By: \p` / 2----- _(Sganwe) By. __—_—_(Signature Name: Valerie Haber (pulp Name: (vont) Title:_ Attorney __PPth ) TNe:_ _ (Pmt) By: )/kki�f",,,/�•i�l� (Sgrwtme) By: (Sg'telure Name:42� 5 PIa1Td600) Name:.__ Prop Tide: Ai Cdr . (%!m) Tie: (%u) />i/-.445r011Br_ /g7-t /Sgm< ) By, (Signature Name: d3ON ] • s U(Pmt) Name: (Prim) Pile.Al ANA6ER ,-(Print) Title:_ (Pini) By: (Signalwe) By: (Signature Title: _(Print) Tele_ _ (Nag ille: (Pitt) Title: (1/TWO By: (Signalise) By: (Sgrreiwe Title: (Pries) Tule:____ (Pint) Title: (Prod) Tile: (Pont) By (Sigrawre) By:_. (Sgwtwe Tiller- ._._.___(Print) Title: (%im) Bile: (Prat) IDle. (Print) NOTE 1) Use duplicate sheets if disclosure information lar Representative varies 2)Applicants and A[rants are advised to timely supplement this Affidavit pursuant to Sec.31-7 l(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event [hal prior to consideration of the applica[on by he City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLOMDA I • count(OF MAIMEMDE) moo me.Me undersigned yilharily.pgilogwaly sp"..1 Varie Haber. OtJiil.who Wog Mal by ma My sw M snow or alism MI hahhe rimmed TM mos kr We mammas Sled Umein aW Ilial 2 is km enXmied 0 I Lwow WEAN, .. sec SWORN TO AND SUBSCRIBED helwe me Ihis _16 My ol.. L t .2031_9 (---- 4 .... a. ..a JACOUELINE DIEGUit 2 . 7:- 4..irligt s kis-Notsty P4I1e '7.'''-.'' 'n. tam of Nor Commission i 011 111011 soft:P-At taig.a "ar" r' My Commission Empires ' Nov•Mbsr DO,2021 _ _ - Mood Nome al Nola"' My corivnisma orpho, _ _ STATE Cf frOMBA l-re.901L5 COUNTY DEMlAbliMIDM tfLAAAS &We me.ON ondorsiMmOWNOMY.sawn*appall 4410.65t nOtiagialw FON Feal Wm May • • • mewled Ws Arklaw la We puipeols thud therein and OM 2 is in.93 coroci aiN142r f rt TANIS KNELSEN 214 14 Notary ID 11126740SO 3 VABT t My CoMmission Expires ARMEN . karst 31,2023 w SWORN TO AND SUBSCRIBED helm roa I*/ .,Ortity olSepolitig1149 :RUMS 5-44 7-L-------- Rola,Pa altMolMaade.66x96 1-6,14.% Witileathametol Notary al..71 i 0 My commiSsion moiler_V .4../ -0-13 STATE GT FLORIDA I 00WY OF WAINDMEl Bebe Ins.We oncersigned aulnOrdy.POFTOTONY*Pealed nellinel 9114111TIION.who• al. ... • • duly momdB wow or Mon IAN Maim mom*ens Mem kr the pogrom MOM Mist SIKIIPal 116 tweand oriel •AttiA -- - - -'__,.. %H'... DANIELLE ARNOLD SWORN to AM)SUBSCRIBED WM.m Basalt ol.S.11701 ..101/4, I.,/..rj ..,/n MWW"W 'Fi-Cle l?../IT.TON:r NOtary Mbar•Sute of FlorMa Titik Eammissum e GC 339662 L..w or' My Comm.Eapwes Jul 23.2023 ttritPluiblIcaliacre olAVAFt Bonded thromh National Notary Assn. PM:MO.4n mower ---- My OTTINT51011,TFITT4JEASPte3 EFATE OF FLORCA I COUNTY OF WAIN.DADLl Have me.sup undeinglitrdsAMIY.PTTTanalY 81)PoanTET Me Met.rimming Iasi by ma daly nun,ctid mew or son ON ABMS mootedNs Artipvil kw me purposes Wiled Martin and Itio li X we*IF d camel SWORN TOMO SUBSCRIBED blikra ms Inis (Mel • NownrNusk Sum oftbriit At Lop WKS Rama ol Nam • RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN BARTACO RESTAURANT LOCATED IN SUITE 104, 2906 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC3, Town Center Neighborhood District; and WHEREAS, the applicant, Bartaco Aventura LLC, through Application No. 04- CU-19, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at an indoor bar/lounge area within the Bartaco restaurant in Suite 104, 2906 NE 207 Street, in the Aventura Park Square mixed-use development; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to allow the sale and service of alcoholic beverages at an indoor bar/lounge area within Bartaco restaurant in Suite 104, 2906 NE 207 Street, legally described as Parts of Blocks 17 and 18, alleys and vacated roads within the plat of Hallandale Park No. 8, recorded in Plat Book 20, Page 49 and Part of Tract 1 of the plat of Lauranna recorded in Plat Book 76, Page 31 of the Public Records of Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to the following conditions: 1. This approval shall be granted exclusively to Bartaco Aventura LLC, for the Bartaco restaurant in Suite 104, 2906 NE 207 Street, in the Aventura Park Square City of Aventura Resolution No.2019- development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food within the restaurant. This does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State liquor license. The kitchen shall be open and food shall be available for service at all times when alcoholic beverages are being sold and served. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Page 2 of 4 City of Aventura Resolution No. 2019-_ Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 2n° day of October, 2019. Page 3 of 4 City of Aventura Resolution No. 2019-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2019. CITY CLERK Page 4 of 4