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04-06-2020 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson Enid Weisman,Magor Mare Narotsky,Vice Magor ;;! City Clerk Denise Landman,Commissioner ]Ellisa L.Horvath,MMC Dr.Linda Marks,Commissioner Gladys Mezralni,Commissioner City Attorney Robert Shelley,Commissioner � �� �G, Weiss Scrota Hellman m Howard Weinberg,Comissioner e �� Cole&Bierman _j CITY COMMISSION MEETING AGENDA April 6, 2020 Following the 6:00 p.m. Local Planning Agency Meeting Via Virtual Communications Media Technology This meeting shall be held in accordance with the Governor's Executive Order 2020-69. Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on-going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at: Zoom.us/join Meeting ID: 287 634 514 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 287 634 514 Members of the public will be allowed to provide comments via audio when directed by the Mayor to do so. If you tap the screen on your cellphone or tablet, you will see an option to "Raise Hand to Talk." If you call in to the meeting, press *9 to "Raise Hand to Talk." The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Marc Narotsky,Vice Mayor City Clerk Denise Landman,Commissioner ]Ellllisa L.Horvath,MMC Dr.Linda Marlys,Commissioner i Gladys Mezrahi,Commissioner City Attorney Robert Shelley,Commissioner c, Weiss Scrota Heltman Howard Weinberg,Commissioner e�✓ G ,.nQ,�' Cole&Bierman CITY COMMISSION MEETING AGENDA April 6, 2020 Following the 6:00 p.m. Local Planning Agency Meeting Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 10, 2020 Regular Commission Meeting • March 19, 2020 Regular Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONFIRMING DECLARATION OF EMERGENCY ISSUED BY THE CITY MANAGER CONCERNING COVID-19 EMERGENCY; RATIFYING AND APPROVING ALL EMERGENCY ORDERS AND ACTIONS TAKEN BY THE CITY MANAGER CONCERNING OR RELATED TO THE COVID-19 EMERGENCY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. 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 THOSE SECTIONS LISTED IN SAID AGREEMENT OF THE MIAMI-DADE COUNTY CODE THROUGH CHAPTER 8CC 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. Aventura City Commission Meeting Agenda Apri16, 2020 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-03-17- 3, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA,INC. AND AGC ELECTRIC,INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; 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. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED EASEMENT CONTRACTS AND DONATION FORMS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PARCEL OF LAND CONSISTING OF +/- 1,399 sf PARCEL 809 OF THE SW '/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. MOTION TO APPROVE THE CITY MANAGER'S CREATION OF AN ASSISTANT CITY MANAGER (FINANCE & ADMINISTRATION) POSITION, IN ACCORDANCE WITH AND SUBJECT TO THE CONDITIONS OF COMMISSION DIRECTION PROVIDED AT THE MARCH 19, 2020 COMMISSION WORKSHOP. 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. None. 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS Page 2 of 3 Aventura City Commission Meeting Agenda April 6, 2020 GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(,1) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES-SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates,times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held either at the City of Aventura Government Center(19200 West Country Club Drive,Aventura)or via virtual communications media technology as designated on the applicable agendas.Please monitor the City's website for procedural changes necessitated by the COVID-19 emergency. COMMISSION REGULAR WORKSHOP—APRIL 23,2020 AT 9 AM COMMISSION REGULAR MEETING—MAY 5,2020 AT 6:00 P.M. COMMISSION REGULAR WORKSHOP—MAY 14,2020 AT 9 AM 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 participate in 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 online at cityofaventura.com. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: April 3, 2020 SUBJECT: Approval of Minutes April 6, 2020 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in March 2020. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • March 10, 2020 Regular Commission Meeting • March 19, 2020 Regular Commission Workshop Meeting Should you have any questions, please contact me. /elh attachments lith Of CITY COMMISSION Aventura Government Center REGULAR MEETING MINUTES 19200 W.Country Club Drive venMARCH 10, 2020 Aventura, Florida 33180 A�v, ",- 6:00 p.m. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:02 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, 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 William "Skip" Washa Jr. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Certificates of Recognition — "Florida Keys" International Music Competition: Tohfa Eminova, Founder/President of Azerbaijani American Cultural Association and Sponsor/Partner at "Florida Keys" International Music Competition, provided brief information on her organization and the upcoming Winners Gala Concert and Award Ceremony at the Aventura Arts & Cultural Center. Mayor Weisman presented certificates in recognition of contributions to the event for the following: Tohfa Eminova, Azerbaijani American Cultural Association, Pervin Muradov, Vivian Lee, and Kay Lang. • Proclamation — William "Skip" Washa Jr.: Mayor Weisman, accompanied by the Commission and former Vice Mayor Billy Joel, presented a proclamation to Major Washa, in recognition of his retirement from the City's Police Department, as well as his service as Chair of the Police Pension Plan and Trust Fund Board of Trustees. • Certificates of Appointment — Community Services Advisory Board: Mayor Weisman, along with the Commission members, presented Certificates of Appointment to the following newly appointed Board Members in attendance: Jonathan Evans, Sandra Kaplan, Daniel Naim, David Pulver, and Marjorie Rosenblatt. • Employee Service Awards: None. • Aventura City of Excellence School Update — Principal Tyrkala: ACES student Isabel Alvarez provided a brief report. • Don Soffer Aventura High School Update - Principal: Assistant Principal Pamela Clappier introduced DSAHS student Valeria Badra, who provided a brief report. • Michael M. Krop Senior High School Update: Krop Student Government President David Brothers provided a brief report. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Aventura City Commission Regular Meeting Minutes March 10, 2020 A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Commissioner Dr. Marks, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • February 4, 2020 Regular Commission Meeting • February 20, 2020 Regular Commission Workshop Meeting • February 20, 2020 Special Commission Meeting B. Resolution No. 2020-17 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. C. Resolution No. 2020-18 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-02-05- 3, CITY OF AVENTURA FURNISH AND INSTALL ILLUMINATED RAISED PAVEMENT MARKERS FOR ROADWAY ILLUMINATION TO LUX SOLAR, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE 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. D. Resolution No. 2020-19 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN DELVISTA TOWERS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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. 2020-20 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Minutes March 10, 2020 F. Motion approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2019 AND THE LETTER DATED MARCH 5, 2020 ATTACHED HERETO AS ATTACHMENT A. 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. RESOLUTION/PUBLIC HEARING: Mr. Wolpin read the following resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE AVENTURA SHOPS COMMERCIAL PLAZA AT 3001 AVENTURA BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Weinberg and seconded by Commissioner Landman. Community Development Director Joanne Carr entered the staff report into the record, which recommended approval, subject to the conditions listed, with the addition of the following language to condition #3: or on any other structure on the property. The following provided testimony on behalf of the Applicant (RK Aventura Shops LLC): Hans Ottinot, Esq. (17100 Collins Avenue #225, Sunny Isles Beach, FL). The Commission discussed requiring that the permit application be submitted by a time certain. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution (inclusive of the language added to condition #3 as provided, as well as adding language to condition #1 requiring the permit application to be submitted within 10 days of the meeting, passed unanimously, by roll call vote, and Resolution No. 2020-21 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 4 Aventura City Commission Regular Meeting Minutes March 10, 2020 A motion for approval of the Ordinance resolution was offered by Commissioner Mezrahi and seconded by Vice Mayor Narotsky. Mr. Wasson reviewed the item. The Commission discussed the priority of the locker rooms at the high school. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance passed unanimously, by roll call vote, on first reading. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Commissioner Dr. Marks commended Mayor Weisman on the State of the City address she presented at the Aventura Marketing Council meeting. Commissioner Weinberg reported on the monthly Miami-Dade County League of Cities meeting and the remarks by participants on the best Super Bowl, at which point he explained that the champions stayed in Aventura. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Vice Mayor Narotsky, and unanimously approved; thus, adjourning the meeting at 6:49 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 6, 2020. Page 4 of 4 T a z '' CITY COMMISSION WORKSHOP MEETING MINUTES Virtual tweeting Via Telephonic ' MARCH 19, 2020 conferencing 9:00 A.M. This meeting was held in accordance with the Governor's Executive Order 2020-69. Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting was conducted remotely via telephonic conferencing through GoToWebinar. Members of the public were provided with instructions on how to access the meeting via telephone. 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:02 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, 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. Presentation: Citizens' Independent Transportation Trust - CITT (City Manager): This item was deleted by the City Manager from the agenda prior to the meeting. City Manager Summary: None. 3. Annual Selection of Representative to the Miami-Dade County League of Cities (City Manager): Mr. Wasson requested that the Commission provide the annual selection of a representative to the Miami-Dade County League of Cities, which is currently Commissioner Weinberg. City Manager Summary: It was the consensus of the City Commission for Commissioner Weinberg to continue serving as the City's representative and for Mayor Weisman to serve as the alternate. 4. Discussion: Position of Assistant City Manager (City Manager): Mr. Wasson explained his request to create an Assistant City Manager position, as outlined in his memorandum dated March 13, 2020. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to proceed with the creation of the Assistant City Manager position as presented and to provide a job description, as well as an outline of the daily items that would be delegated to that position. 5. Discussion: Land Acquisition for Veterans Park Expansion (City Manager): Mr. Wasson reviewed an offer by the Peninsula Condominium Board of Directors for the City to lease approximately half an acre of land south of Veterans Park. City Manager Summary: It was the consensus of the Commission to authorize Mr. Wasson to have discussions with the Peninsula Board regarding the City's interest in purchasing the land and the cost associated with doing so. Should a purchase option Aventura City Commission Regular Workshop Meeting Minutes—March 19, 2020 not be available, consensus was given to proceed with a long-term lease of at least 50 years. Direction was also given for Mr. Wasson to provide the Commission with a specific use for the property. 6. Discussion: Management of Don Soffer Aventura High School by Charter Schools USA at Aventura, LLC (City Manager): Mr. Wasson explained the letter sent to Charter Schools USA voicing the Commission's concerns regarding teacher recruitment, curriculum, and equipment for the high school. The following provided comments on behalf of Charter Schools USA: John Hage (CEO), Dr. Eddie Ruiz (Florida State Director), Rachel Windier-Freitag (South Florida Area Director), and David McKnight (DSAHS Principal). The Commission's concerns were addressed including those items outlined in the response letter from Charter Schools USA to the City. City Manager Summary: It was the consensus of the City Commission for Charter Schools USA to send a monthly report to Mr. Wasson, to be provided to the Commission at the Workshop Meetings, including the following items: a list of vacancies and new hires, recommendation on the use of new state funding, and an outline of the steps taken to focus on a creative performance model for hiring teachers. 7. Discussion: Coronavirus Prevention Plan (City Manager): Mr. Wasson provided a brief overview on the steps taken by the City thus far including closures and working with the assisted living facilities. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide the Commission with all items including directives and press releases that have been sent out thus far, as well as in the future, and to inform the Commission of any known positive cases in Aventura. Additionally, Mr. Wasson will provide the community with the County and State directives and ensure enforcement of same. Finally, Mr. Wasson was directed to provide a plan to the Commission, as aggressive as possible, to be put into effect by the weekend. 8. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:35 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 6, 2020. Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 3, 2020 SUBJECT: Resolution Confirming Declaration of Emergency by the City Manager Concerning COVID-19 Emergency April 6, 2020 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution confirming the Emergency Declaration and subsequent emergency orders as issued by the City Manager to deal with the emergency and protect the public during the continuing COVID-19 emergency in accordance with City Code Section 2-404(b). If you have any questions, please contact me. RJW/act Attachment CCO1876-20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONFIRMING DECLARATION OF EMERGENCY ISSUED BY THE CITY MANAGER CONCERNING COVID-19 EMERGENCY; RATIFYING AND APPROVING ALL EMERGENCY ORDERS AND ACTIONS TAKEN BY THE CITY MANAGER CONCERNING OR RELATED TO THE COVID-19 EMERGENCY; 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 has issued a Declaration of Emergency within the City of Aventura on March 12, 2020, and has issued further Emergency Orders to deal with the emergency and mitigate the harm posed by COVID-19 as referenced therein and as further described in County, State and Federal declarations concerning COVID- 19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Confirmation. In accordance with the recital clause stated above and incorporated herein, and City Code Section 2-404(b), the City Commission hereby confirms the Emergency Declaration and subsequent emergency orders as issued by the City Manager to deal with the emergency and protect the public during the continuing COVID-19 emergency. Further, the City Manager is hereby authorized to issue any additional Orders which he finds necessary in accordance with and as authorized by Chapter 2, Article VIII "Emergency Management" of the City Code and applicable law. Section 2. Ratification. The City Commission hereby approves, confirms, and ratifies any action taken by the City Manager to protect the public from COVID-19 and to carry on the activities, operations and functions of the City. Section 3. Implementation. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 6t" day of April, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA �� OFFICE OF THE CITY MANAGER DECLARATION OF STATE OF EMERGENCY Jr (COVID-19) Section 1. Declaration. In accordance with City Code Section 2-404(a),and Chapter 252, Florida Statutes, I hereby declare a state of emergency within the City of Aventura, Florida. Section 2. Findings. (A) The findings of Executive Order Number 20-52 of Governor DeSantis are hereby incorporated herein. (B) The findings of Emergency Declaration Order of Miami-Dade County Mayor Gimenez are hereby incorporated herein. Section 3.Effective Date. This Declaration shall be effective immediately and may be further supplemented from time to time in accordance with Article VIII of Chapter 2 of the City Code.This Declaration shall be posted and distributed as provided by City Code Section 2-404(f). Executed this 12th day of March, 2020. By: Ronald J.Wasson,City Manager City of Aventura, Florida Copy: Mayor and Commissioners,City Clerk, Police Chief,City Attorney, Department Directors CITY OF AVE TUR d` - OFFICE OF THE CITY MANAGER !fr!#I1 #11MIiY ORDER AND SUPPLEMENT PURSUANT T DECLARATION STT Y (COVID-1 ) Section 1. Declaration Supplemented. In accordance with City Code Section -404, and Chapter 252, Florida Statutes, I hereby supplement my March 12, 2020 declaration of a state of emergency within the City of Aventura, Florida, ("City") as provided herein. Section 2. Findings. (A) The detailed findings of Governor Desantis' Executive Orders Number 20-52, Number 20-68 are hereby incorporated herein by reference. (8) The detailed findings ofMiami-Dade County Mayor Gimenez as contained in Emergency Order 07-20, dated March 19, 2020 is hereby adopted and incorporated herein by reference. Section 3. Order:Closure of on-Essential Retail and Commercial Establishments. (A) All non-essential retail and commercial establishments, including but not limited to nail salons, beauty salons, barber shops, restaurants (except for delivery and take-out), book stores,jewelry stores, toy stores, pools, tennis courts, tennis club or facility, music stores, clothing stores, arts and craft stores, sporting goods stores, furniture, and all gymnasiums and other exercise/fitness facilities, are ordered closed. With respect to gymnasiums and exercise facilities,this includes all gymnasiums and exercise/fitness facilities located within any condominium complex facility, homeowner's association, or other private development. ( ) Essential retail and commercial businesses, which may remain open, are: 1. Healthcare providers, including, but not limited to, hospitals, doctors', and dentists' offices, urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health professionals, psychiatrists,therapists, and pharmacies® 2. Grocery stores, supermarkets,food banks,convenience stores,and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply,fresh meats,fish,and poultry,and any other household consumer products(such as cleaning and personal care products). This authorization includes stores that sell groceries and also sell other non-grocery products® . Gas stations and auto-supply, auto-repair,and related facilities; Page 1 of 3 4. Banks 5. Hardware stores; 6. Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; 7. Businesses providing mailing and shipping services, including post office boxes; 8. Laundromats, dry cleaners, and laundry service providers; 9. Businesses that supply office products needed for people to work from home.- 10. Businesses that ship or deliver groceries,food,goods,or services directly to residences➢ 11. Taxis and other private transportation providers providing transportation services via automobile, truck, bus,or train; 12. Home-based care for seniors, adults,or children; 13. Assisted living facilities, nursing homes,and adult day care centers,and senior residential facilities; 14. Landscape and pool care businesses, including residential landscape and pool care services; 15. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities should operate under the following mandatory conditions: (a) Childcare must be carried out in stable groups of 10 or fewer persons(inclusive of childcare providers for the group); (b) Children and child care providers shall not change from one group to another; N if more than one group of children is cared for at one facility,each group shall be in a separate room. Groups shall not mix or interact with each other. 16. Pet supply stores; 17. Telecommunication providers, including sales and repair of computer or telecommunications devices and the provision of home telecommunications; 18. Waste management services, including collection and disposal of waste; and (C) This Order does not limit the number of persons who may be physically present performing services at any location where an essential business is being conducted except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. Employers and employees are required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten (10) people. Page 2 of 3 Section 4. Order: Curfew In order to protect the public health, safety, and welfare, including the mitigation of the spread of the COVID-19 virus, a curfew shall be established within the jurisdictional limits of the City of Aventura. The curfew shall commence March 19, 2020 and continue until further notice between the hours of 11:00 pm and 5:00 am,within the jurisdictional limits of the City of Aventura. No person shall be outside in this area during the curfew hours either as a pedestrian or by means of a vehicle, unless such person is providing police, fire, or other governmental services, providing assistance expressly requested by police, fire, or governmental personnel, or participating in, going to, or returning from a place of work or occupation. No person shall occupy this outside area during the curfew hours except upon authorization of the City of Aventura Police Department. This shall not prohibit a person from simply walking a dog in the vicinity of the residence at which the dog is maintained. Section S. Effective Date. This Order and supplement to Declaration shall beeffective as of // pm, March 19, 2020, and may be further supplemented from time to time in accordance with Article Vill of Chapter 2 of the City Code.This document shall be posted and distributed as provided by City Code Section 2-404(f). Executed this 19th day of March, 2020. Ronald J. \6 son, ity Manager City of AVE t a Ic ida Copy: Mayor and Commissioners, City Clerk, Police Chief, City Attorney, Department Directors Page 3 of 3 CITY OF AVE TURP, "k OFFICE OF THE CITY MANAGER Nr M ip ORDER n ADOPTINGLES USE OF COMMUNICATIONS MEDI TECHNOLOGY LIC MEETINGS DURINGLT Section 1. Declaration Supplemented. In accordance with City Code Section 2-404, and Chapter 252, Florida Statutes, I hereby further supplement my March 12, 2020 declaration of a state of emergency within the City of Aventura, Florida, ("City")as provided herein. Section 2. Findings. (A) On March 2 , 2020, Governor DeSantis issued Executive Order 20- , "Emergency Management- C VID-19 Local Government PublicMeetings"; and (13) Pursuant to Executive Order 20- ,the quorum requirements for public meetings are suspended, and the City is authorized to hold public meetings through the use of communications media technology, subject to the adoption of rules pursuant to Section 12 .54(5)( )2, Fla.Stat. Section 3. Rules of Procedure for Public Meetings Utilizing Communications Media Tec n I (A) Prior to the commencement of any City public meeting, the City shall post notice of the meeting in a manner consistent with Section 256.011, Florida Statutes. The notice shall also include instructions on how to access the public meeting either via telephone,video conference,or other communications media technology utilized by the City. (6) As used in this Order, "communications media technology" means the electronic transmission of printed matter,audio,full-motion video,freeze-frame video,compressed video,and digital video y any method available. (C) If a public meeting provides for the opportunity for public comment,the notice shall also include instructions regarding how members of the public may submit comments or questions to be read at the public meeting. Page 1 of 2 (D) The City Clerk shall insure that the public meeting complies with all requirements of Section 286.011, Florida Statutes, which have not otherwise been suspended or waived pursuant to Executive Order 20- (e.g.,the preparation of minutes, etc.). Section 4. Effective Date. This Order and supplement to Declaration shall be effective as of 5 pm, March 20, 2020, and maybe further supplemented from time to time in accordance with Article VIII of Chapter 2 of the City Code.This document shall be posted and distributed as provided by City Code Section 2-404(f). Executed this 201h day of MarchI, 2020. By: Ronald J. s an, City Manager City of Ave ura, Florida Copy: Mayor and Commissioners,City Clerk, Police Chief, City Attorney, Department Directors Page 2 of 2 CITY OF AVE TURA OFFICE OF THE CITY MANAGER �i,MIM•� .Ili Rs•' ORDER AND SUPPLEMENT TO DECLARATION F STATE OF EMERGENCY "SAFER AT E" WHEREAS, on March 19, 2020, I, as City Manager of the City of Aventura® promulgated an Emergency Order which, among other requirements, closed non-essential retail and commercial establishments within the City of Aventura ("City"), and established a curfew within the jurisdictional limits of the City®and WHEREAS,Section 2-404 of the City®s Code of Ordinances authorizes the City Manager,to adopt emergency orders which may include, but are not limited to, curfews, declaration of certain areas being off limits® an WHEREAS, numerous counties, municipalities, and at least four states have adopted versions o ®'stay at home" or"safer at home" orders designed to protect the health and well-being of residents,to create social distancing, and minimize contact in an effort to limit community spread of C VI -19jnovel Coronavirus, THEREFORE, as City Manager for the City of Aventura, Florida, and pursuant to the authority vested in me under Section 2-404 of the City of Aventura Code of Ordinances(the"City Code"),as well as that certain City of Aventura Declaration of State of Emergency,dated March 12,2020,and Supplemental Orders, l hereby ORDER and PROMULGATE the following additional emergency measures: Section 1. Declaration Supplemented. In accordance ith City Code Section 2-404, an Chapter 252, Florida Statutes, the Declaration of the State of Emergency within the City of Aventura®dated March 12,2020,and the Supplemental Order dated March 19, 2020 (Business Closures and Curfew), are hereby re-affirmed, remain in full force and effect, and are further supplemented pursuant to this Order,as provided herein: Section 2. Findings. (A) On March 20,2020, Governor DeSantis issued Executive Order 2 - , "Emergency Management- COVID-19 Local Government PublicMeetings"; and Page I of ( ) Pursuant to Executive Order ® ,the quorum requirements for public meetings are suspended, and the City is authorized to hold public meetings through the use of communications media technology, subject to the adoption of rules pursuant to Section 120.54(5)(b)2, la.Statm and (C) This Order is given because of the propensity of COVIN- 9 virus to spread person to person and also because the virus physically is causing property damage due to its proclivity to attach to surfaces for prolonged periods of time. Section 3.Safer At Home (A) Subject to the exceptions contained herein, it is str n I recommended that an residents of t City o Aventurastay in their homes. (B) All public and private gatherings of any number of people occurring outside a residence are prohibited,except as provided herein. (C) The following activities are exempt from the Safer at Home Order requirements: 1. Outdoor Recreational Activities. Residents and visitors may engage in outdoor activity and recreation in areas not otherwise closed to the public pursuant to the City's prior Order Closing on-Essential Retail and Commercial Establishments dated March 19, 2020, provided that the individuals maintain a distance of at least six ( ) feet between each other, including, without limitation, walking, hiking, running,or cycling. 2. Personal Support Activities. Residents and visitors should limit any travel to and from their homes to only provide care for or support for a friend,family member, or pet in another household. . Government Employees and Emergency Personnel. All first responders, gang and crisis intervention workers, public health workers, emergency management personnel, emergency dispatchers, law enforcement personnel and related contractors, persons working for emergency services providers, and government employees performing work in the course and scope of their employment are categorically exempt from this Order. . Observance of Social Distancing Practices. As to all activities permitted under this Order, residents and visitors shall adhere to social distancing practices, such as maintaining a distance of at least six( )feet away from others,washing hands with soap and water for at least twenty seconds or using hand sanitizer,covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning i touch surfaces, and not shaking hands. Residents and visitors are strongly encouraged to limit all of their travel, except as absolutely necessary. Persons at high risk of severe illness from COVID-19 and people who are sick are strongly encouraged to say in their residence to the extent possible, except as necessary to seek medical care. Page 2 of 3 ( ) Any person, firm or corporation who violates any provision of the Declaration of the State of Emergency, and any Supplemental OrderP including this Order, shall be subject to such fine or imprisonment or both as provided y section 1-11 of the City Code. Each day that a violation shall continue to exist shall constitute a separate offense. Section 4.Effective Date. This Order and Supplement to Declaration shall beeffective as of , March 24, 2020, and may be further supplemented from time to time in accordance with Article Vill of Chapter 2 of the City Code.This document shall be posted and distributed as provided by City Code Section 2-4 ( ). Executed this 2,rh day of March, 2020. By:_ Ronald J. Wasffa, city Manager City of Aventulorida Copy, Mayor and Commissioners,City Clerk, Police Chief,City Attorney, DepartmentDirectors Page 3 of CITY OF AVE14TURA }#fyAM-WY �1Y nMM�YY OFFICE OF THE CITY MANAGER /YYYM a.11MI�YM ORDER AND ';YYYM�fb1 rl"5 Y/{YI f rr r; rr SUPPLEMENT TO DECLARATION STATE OF EMERGENCY "BUSINESSCLOSURES" WHEREAS, on March 19, 2020, I, as City Manager of the City of Aventura, promulgated an Emergency Order which, among other requirements, closed non-essential retail and commercial establishments within the City of Aventura ("City"), and established a curfew within the jurisdictional limits of the City; and WHEREAS, Section 2-404 of the City's Code of Ordinances authorizes the City Manager,to adopt emergency orders which may include, but are not limited to, curfews, declaration of certain areas being off limits; and WHEREAS, on March 19, 2020, 1 issued a Supplement to the Declaration of Emergency requiring all non-essential retail and commercial establishments to close, and established a curfew ("Business Closure Order"); and on March 24, 2020, Governor DeSantis issued Executive Order 20- 2, directing all persons who enter the State of Florida from New York, New Jersey, or Connecticut to Isolate for a period of 14 days in an effort to slow the spread of the Coronavirus; and WHEREAS, on March 24, 2020, Governor DeSantis issued Executive Order 20-83, directing all persons over 65 years of age to stay home and take such other measurers as necessary to limit their risk of exposure to COVID-19; and WHEREAS, in light of the Governor's recent Executive Orders, and the spread of the Coronavirus inMiami-Dade County, and the City of Aventura, I find that it is necessary to supplement the previously issued City Business Closure Order to clarify that all construction activities at residential properties should e curtailed. THEREFORE, as City Manager for the City of Aventura, Florida, and pursuant to the authority vested in me under Section 2-404 of the City of Aventura Code of Ordinances(the "City Code"),as well as that certain City of Aventura Declaration of State of Emergency,dated March 12,2020,and Supplemental Orders, I hereby ORDER and PROMULGATE the following additional emergency measures: Page 1 of Section 1. Declaration Supplemented. In accordance with City Code Section 2-404, and Chapter 252, Florida Statutes, the Declaration of the State of Emergency within the City of Aventura,dated March 12,2020,and the Supplemental Order dated March 1 ,2020("Business Closure Order")are hereby re-affirmed, remain in full force and effect,and are further supplemented pursuant to this Order, as provided herein: Section 2. Findings. (A) The detailed findings of Governor Desantis' Executive Orders Number 20-52, Number 20-68, Number 20-82,and 20-83 are hereby incorporated herein by reference. (B) The detailed findings of Miami-Dade County Mayor Gimenez as contained in Emergency Order 07-20,dated March 1 , 2020 is hereby adopted and incorporated herein by reference. (C) This Order is given because of the propensity of COVID-19 virus to spread person to person and also because the virus physically is causing property damage due to Its proclivity to attach to surfaces for prolonged periods of time. Section 3. Order: Closure of Non- Essential Retail and Commercial Establishments: The Business Closure Order dated March 1 , 2020, is hereby amended, by amending Section 3 of the Business Closure Order to read, in its entirety, as follows: ( ) All non-essential retail and commercial establishments, including but not limited to nail salons, beauty salons, barber shops, restaurants(excepvfor delivery andtake-out), book stores,jewelry stores, toy stores, pools, tennis courts, tennis club or facility, music stores, clothing stores, arts and craft stores, sporting goods stores, furniture, and all gymnasiums and other exercise/fitness facilities,are ordered closed. With respect to gymnasiums and exercise facilities,this includes all gymnasiums and exercise/fitness facilities located within any condominium complex facility, homeowner's association, or other private development. (B) Essential retail and commercial businesses which are exempt and which may remain open are: 1. Healthcare providers, including, but not limited to, hospitals, doctors', and dentists' offices, urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health professionals, psychiatrists,therapists, and pharmacies, All first responders,gang and crisis intervention workers, public health workers, emergency management personnel, emergency dispatchers, law enforcement personnel and related contractors, persons working for emergency services providers, and government employees performing work in the course and scope of their employment are categorically exempt from this Order. 2. Grocery stores, supermarkets,food banks,convenience stores,and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply,fresh meats,fish,and poultry,and any other household consumer products(such as cleaning and personal care products). This authorization includes stores that sell groceries and sell other non-grocery products® 3. Gas stations and auto-supply, auto-repair, and related facilities® Page 2 of 4 4. Banks 5. Hardware stores; . Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; 7. Businesses providing mailing and shipping services, including post office boxes; g. Laundromats, dry cleaners,and laundry service providers; 9. Businesses that supply office products needed for people to work from home; 1 . Businesses that ship or deliver groceries,food,goods,or services directly to residences; 11. Taxis and other private transportation providers providing transportation services via automobile,truck, bus, or train; 12. Home-based care for seniors, adults, or children; 13. Assisted living facilities, nursing homes,and adult day care centers,and senior residential facilities; 14. Landscape and pool care businesses, including residential landscape and pool care services; 15. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities should operate under the following mandatory conditions: (a) Childcare must be carried out in stable groups of 10 or fewer persons(inclusive of childcare providers for the group); ( ) Children and child care providers shall not change from one group to another; (c) If more than one group of children is cared for at one facility,each roup shall be in a separate room. Groups shall not mix or interact with each other. 1 . Pet supply stores; 17. Telecommunication providers, including sales and repair of computer or telecommunications devices and the provision of home telecommunications; 18. Waste management services, including collection and disposal of waste; and (C) This Order does not limit the number of persons who may be physically present performing services at any location where an essential business is being conducted except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. Employers and employees are required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten (1 ) people. Page 3 of 4 (D) !Recommendation to Curtail Construction Related Activities to Residential Properties 1, Contractor Services: Consideration is recommended at this time that contractor services being carried out it inprivate residential properties (Apartment Units! a limited to only EMERGENCY REPAIRS at this time (such as plumbing/air conditioning a er�encies etc.}.Those who choose to have contractors in their homes should consider the gossile i pact to them and their families when they have outside workers into their residences. In the best interests of the safety and health for your famirles.and building and to reduce the chance-of an exposure to Corona/C VID-1 , we ask that everyone consider this recommendation. . All exterior interior construction related activities connected with building maintenance, common areas and lansca ink would still be allowed unless buildine management decides otherwise.This is a recommendation only at this time. Section . Enforcement Any person,firm or corporation who violates any provision of the Declaration of the State of Emergency, and any Supplemental Order, including this Order, shall be subject to such fine orimprisonment or both as provided y section 1-11 of the City Code. Each day that a violation shall continue to exist shall constitute a separate offense. Section S.Effective Date. This Order and Supplement to Declaration shall beeffective as o � pm, March 25, 2020, and may be further supplemented from time to time in accordance with Article VIN of Chapter 2 of the City Code.This document shall be posted and distributed as provided City Code Section 2-404(fj. Executed this 25$"day of March, 2020. By: Ronald 1. as on, City Manager City of Av r ura, Florida Copy: Mayor and Commissioners,City Clerk, Police Chief,City Attorney, Department Directors Page 4 of 4 CITY OF AVE TURA 0 -2 OFFICE OF THE CITY MANAGER ;. « ORDER AND SUPPLEMENT TO DECLARATION STATE OF EMERGENCY FIRST AMENDMENT T "SAFER TORDER on March 19, 2020, I, as City Manager of the City of Aventura, promulgated an Emergency Order which, among other requirements, dosed non-essential retail and commercial establishments within the City of Aventura ("City"), and established a curfew within the jurisdictional limits of the City; and Section 2-404 of the City's Code of Ordinances authorizes the City Manager, to adopt emergency orders which may include, but are not limited to, curfews, declaration of certain areas being off limits; and WHEREAS, on March 1 , 2020, 1 issued a Supplement to the Declaration of Emergency requiring all non-essential retail and commercial establishments to close, and established a curfew ("Business Closure Order"), and on March 24, 2020, 1 issued Order and Supplement to Declaration of State of Emergency "Safer at Home," in order to protect the health and well-being of residents, to create social distancing, and minimize contact in an effort to limit community spread of COVI -19/novel Coronavirus® and after further analysis of the State of Emergency and the need to further insure the safety of individuals, I am issuing this First Amendment to the Supplement to Safer at Home Order to provide for specific requirements for the operation of valet services at all businesses and residential developments within the City. THEREFORE, as City Manager for the City of Aventura, Florida, and pursuant to the authority vested in me under Section 2-404 of the City of Aventura Code of Ordinances(the "City Code"),as well as that certain City of Aventura Declaration of State of Emergency,dated March 12,2020,and Supplemental Orders, as supplemented by the March 24, 2020 Supplemental Order("Safer at Home"), I hereby ORDER and PROMULGATE the following additional emergency measures: Section . Declaration Supplemented. In accordance with City Code Section 2-404, and Chapter 252, Florida Statutes, the Declaration of the State of Emergency within the City of Aventura, dated March 12, 2020, the Supplemental Order dated Page 1 of 2 March 19, 2020 ("Business Closure Order"), and the Supplemental Order("Safer at Home") dated March 24, 2020, are hereby re-affirmed, remain in full force and effect, and are further supplemented pursuant to this Order, as provided herein: Section 2. Findings. (A) The detailed findings of Governor Desantis' Executive Orders Number 20-52, Number 20-68, Number 20-82, and 20-83 are hereby incorporated herein by reference. (B) The detailed findings of Miami-Dade County Mayor Gimenez as contained in Emergency Order 07-20, dated March 19, 2020 is hereby adopted and incorporated herein by reference. (C) This Order is given because of the propensity of COVID-19 virus to spread person to person and also because the virus physically is causing property damage due to its proclivity to attach to surfaces for prolonged periods of time. Section 3. Order: Closure of Non- Essential Retail and Commercial Establishments: The Safer at Home Order dated March 24, 2020, is hereby amended, by amending Section 3 to include a new Section 3(D), "Valet Services"to provide the additional provisions as follows: LQ) Valet Services. All Residential Multifamily Buildings/Businesses in Aventura with Valet will allow residents of the building to self-park, and will nolongerrequire residents who want to self-par to use the valet services.The resident shall have the right, at their sole and absolute discretion to decide whether to utilize the valet service.Valet service employees who do park vehicles will be required to have Personal Protective,Equipment to prevent the spread of Corona/COVID-1_9 Required equipment include but not be limited to: Facemask,Gloves, Hand Sanitizer and Dis-Infective WipLs. Section 4. Enforcement Any person, firm or corporation who violates any provision of the Declaration of the State of Emergency, and any Supplemental Order, any Amended Supplemental Order, including this Order, shall be subject to such fine or imprisonment or both as provided by Sections 1-14 and 2-333 of the City Code,or any other applicable penalty provision. Each day that a violation shall continue to exist shall constitute a separate offense. Section S. Effective Date. This Order and Supplement to Declaration shall be effective as of pm, March 30, 2020, and may be further supplemented from time to time in accordance with Article Vill of Chapter 2 of the City Code.This document shall be posted and distributed as provided by City Code Section 2-404(f). Executed this 301h day of March 2020. By: Ronald J. #son, City Manager City of Aventura, Florida Copy: Mayor and Commissioners, City Clerk, Police Chief, City Attorney, Department Directors Page 2 of 2 CITY OF AVE TURA #06-20 •. ,EAy,MY �IYY.YOKj OFFICE OF THE CITY MANAGER J IItMMart:y:.moi IMAi[fM ORDER AND SUPPLEMENT TO DECLARATION STATE C FIRST AMENDMENT T "SAFER T "ORDER WHEREAS, on March 19, 2020, 1, as City Manager of the City of Aventura, promulgated an Emergency Order which, among other requirements, closed non-essential retail and commercial establishments within the City of Aventura ("City"), and established a curfew within the jurisdictional limits of the City® and WHEREAS, Section 2-404 of the City's Code of Ordinances authorizes the City Manager, to adopt emergency orders which may include, but are not limited to, curfews, declaration of certain areas being off limits; and WHEREAS, on March 19, 2020, 1 issued a Supplement to the Declaration of Emergency requiring all non-essential retail and commercial establishments to close, and established a curfew ("Business Closure Order")® and WHEREAS, on March 24, 2020, 1 issued Order and Supplement to Declaration of State o Emergency "Safer at Home," in order to protect the health and well-being of residents, to create social distancing, and minimize contact in ane ort to limit community spread of COVID-1 /novel Coronavirus® and WHEREAS, after further analysis of the State of Emergency and the need to further insure the safety of individuals, I am issuing this First Amendment to the Supplement to Safer at Home Order to provide for specific requirements for the operation of valet services at all businesses and residential developments within the City. THEREFORE, as City Manager for the City of Aventura, Florida, and pursuant to the authority vested in me under Section 2-404 of the City of Aventura Code of Ordinances(the"City Code"),as well as that certain City of Aventura Declaration of State of Emergency,dated March 12,2020,and Supplemental Orders, as supplemented by the March 24, 2020 Supplemental Order("Safer at Home"), I hereby ORDER and PROMULGATE the following additional emergency measures: Section 1. Declaration Supplemented. In accordance with City Code Section 2-404, and Chapter 252, Florida Statutes, the Declaration of the State of Emergency within the City of Aventura, dated March 12, 2020, the Supplemental Order dated March 19, 2020 ("Business Closure Order"), and the Supplemental Order("Safer at Home") dated March 24,2020, are hereby re-affirmed, remain in full force and effect, and are further supplemented pursuant to this Order,as provided herein: Section 2. Findings. (A) The detailed findings of Governor Desantis' Executive Orders Number 20-52, Number 20-68, Number 20-82,and 20® are hereby incorporated herein by reference. (B) The detailed findings of Miami-Dade County Mayor Gimenez as contained in Emergency Order 07-20,dated March 19,2020 is hereby adopted and incorporated herein by reference. (C) This Order is given because of the propensity of COVID-19 virus to spread person to person and also because the virus physically is causing property damage due to its proclivity to attach to surfaces for prolonged periods of time. Section 3. Order: Closure of Non- Essential Retail and Commercial Establishments: The Safer at Home Order dated March 24, 20208 is hereby amended, by amending Section 3 to include a new Section 3(D), "Valet Services"to provide the additional provisions as follows: (D) Valet Services. It is recommended that all Residential Multifaffli Ily Buildin s/Businesses in Aventury with Valet Services make reasonable accommodations to allow visitors and residents of the building to sel Valet service gnplo ees who spark vehicles will be required to have Personal Protective Euirrent P"PPE"�, and follow DC guidelines to prevent the spread of CoronafC®VID-19. Rei�uired PPE should include anv of the following if and when available;facerr7asks.doves, hand sanitizer. disinfecting wipes, and any ether �~ recommended PPE. Section 4.Enforcement Any person,firm or corporation who violates any provision of the Declaration of the State of Emergency, and any Supplemental Order, any Amended Supplemental Order,including this Order,shall be subject to such fine or imprisonment or both as provided by Sections 1-14 and 2-333 of the City Code,or any other applicable penalty provision. Each day that a violation shall continue to exist shall constitute a separate offense. Section 5. Effective Date. This Order and Supplement to Declaration shall be effective as of am, March 31, 2020, and may be further supplemented from time to time in accordance with Article Vill of Chapter 2 of the City Code.This document shall be posted and distributed as provided by City Code Section 2-404(f). Executed this 31'day of March, 2020. By: Ronald J. W n,City Manager City of Aventura, Florida Copy: Mayor and Commissioners,City Clerk, Police Chief,City Attorney, Department Directors CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 3, 2020 SUBJECT: Resolution Authorizing Execution of Interlocal Agreement with Miami-Dade County for the Enforcement of Sections 7-1(C), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(B), 21-21, 21-21.2(B), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(B), 21-29.1, 21-31.1, 21-31.2(B)(1), 21-31.2(B)(2), 21-31.4(B), 21-35(D), 21- 36, 21-36.1, 21-36.3(C), 21-38(A), 21-51, 21-56, 21-57, 21-81(D), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A and 31-105 of the Miami-Dade County Code through Chapter 8CC April 6, 2020 City Commission Meeting Agenda Item Attached is a Resolution authorizing the execution of an Interlocal Agreement with Miami-Dade County for the enforcement of Sections 7-1(C), 7-3, 7-4, 7-22.1, 7-26, 7- 26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(B), 21-21, 21-21.2(B), 21-21.3, 21- 24.1, 21-27.1, 21-27.2, 21-28, 21-29(B), 21-29.1, 21-31.1, 21-31.2(B)(1), 21-31.2(B)(2), 21-31.4(B), 21-35(D), 21-36, 21-36.1, 21-36.3(C), 21-38(A), 21-51, 21-56, 21-57, 21- 81(D), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A and 31-105 of the Miami-Dade County Code through Chapter 8CC. The Interlocal Agreement authorizes the City's Police Department to enforce the above sections of the Miami-Dade County Code through Chapter 8CC, including the ability to issue civil violation notices. The Agreement also provides for costs related to conduct hearings on appeals and costs associated with administering the program. RJW/act Attachment CC01875-20 RESOLUTION NO. 2020- 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 THOSE SECTIONS LISTED IN SAID AGREEMENT OF THE MIAMI-DADE COUNTY CODE THROUGH CHAPTER 8CC 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. 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 to execute and otherwise enter into the attached agreement (Exhibit "A") by and between the City of Aventura and Miami-Dade County for the enforcement of those sections as provided in that agreement through Chapter 8CC of the Miami-Dade County Code. Section 2. Said Interlocal Agreement authorizes the City of Aventura Police Department to enforce those listed sections of the Miami-Dade County Code, including the ability to issue civil violation notices, and provides for costs related to conducting hearings on appeals, as well as costs associated with administering the program. Section 3. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 6th day of April, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY,FLORIDA AND CITY OF AVENTURA ALLOWING AVENTURA POLICE DEPARTMENT TO ENFORCE SECTIONS 7-1(C),7-3,7-4,7-22.1,7-26,7-26.1,7-33,7-34,7-35,7-37,8A-52,8A-172,8A- 276(B),21-21,21-21.2(B),21-21.3,21-24.1,21-27.1,21-27.2,21-28,21-29(B),21-29.1,21- 31.1,21-31.2(B)(1),21-31.2(B)(2),21-31.4(B),21-35(D),21-36,21-36.1,21-36.3(C),21-38(A), 21-51,21-56,21-57,21-81(D),21-118,21-133,21-136,21-287,26-1,26A-2A,AND 31-105 OF THE CODE OF MIAMI-DADE COUNTY THROUGH CHAPTER 8CC OF THE COUNTY CODE 3rd This Interlocal) Agreement ("Agreement") is made and entered this day of 1'l' I�'� , iib/"0, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and the City of Aventura (hereafter "PARTICIPATING ENTITY"). WITNESSETH WHEREAS, a PARTICIPATING ENTITY may enforce within its lawful jurisdiction within Miami-Dade County provisions of the Code of Miami-Dade County (the"County Code") through chapter 8CC of the County Code upon execution and adoption of an interlocal agreement by the COUNTY and the PARTICIPATING ENTITY which contains the sections of the County Code the PARTICIPATING ENTITY wishes to enforce,the job title of the agents or employees of the PARTICIPATING ENTITY authorized to perform the enforcement functions,the amount reimbursable to the COUNTY for administrative costs,the amount of revenue reimbursable to the PARTICIPATING ENTITY from any fine collected, an agreement to indemnify and hold the COUNTY harmless from and against any and all liability,actions and causes of actions relating to the PARTICIPATING ENTITY's enforcement,and a term not to exceed three(3)years; and WHEREAS, the COUNTY and the PARTICIPATING ENTITY agree that it is in their mutual best interests and the best interests of the PARTICIPATING ENTITY and of the citizens of the COUNTY to have the PARTICIPATING ENTITY enforce the provisions of sections 7- 1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b),21-21,21- 21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1),21- 31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21- 81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code, as they may be amended from time to time,through chapter 8CC of the County Code, NOW,THEREFORE,IN CONSIDERATION of the mutual benefits derived here from and in compliance with section 8CC-11 of the County Code, the COUNTY and the PARTICIPATING ENTITY covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The PARTICIPATING ENTITY is authorized to enforce the provisions of sections 7-1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21- 21.2(b),21-21.3, 21-24.1,21-27.1,21-27.2, 21-28, 21-29(b), 21-29.1,21-31.1, 21-31.2(b)(1),21- 31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21- 81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code (the "Specified Sections"), as they may be amended from time to time, through chapter 8CC of the County Code, including but not limited to the ability to issue civil violation notices under section 8CC-10 of the County Code for violations of the provisions of the Specified Sections, as they may be amended from time to time, within the jurisdiction of the PARTICIPATING ENTITY. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, 2 supersede,or remove the independent authority of the COUNTY to enforce the Specified Sections within the jurisdiction of the PARTICIPATING ENTITY. H. AUTHORIZED AGENTS All law enforcement officers as defined by section 943.10(1), Florida Statutes that are employed by the PARTICIPATING ENTITY are authorized by this Agreement to perform the enforcement functions outlined in and in accordance with this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS - RELATED TO THE CONDUCT OF HEARINGS ON APPEALS The PARTICIPATING ENTITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as provided in Section I above by paying the administrative fee for civil violation hearings as outlined in Implementing Order 4-33. The PARTICIPATING ENTITY shall also be responsible for reimbursing the COUNTY for any attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings.The billing for the administrative fee and any incurred attorney's fees and costs shall be processed by the Miami-Dade Police Department, and funds shall be payable to the Miami- Dade Police Department within thirty (30) days of receipt of an invoice for such services. Funds received by the Miami-Dade Police Department from the PARTICIPATING ENTITY will be deposited into the Miami-Dade County Diversion Program, except that a portion of the funds received from the PARTICIPATING ENTITY may be used to offset costs incurred by the Miami- Dade Police Department in connection with billing for the above fee and costs. In addition,the PARTICIPATING ENTITY shall bear all costs relating to any subsequent appeal of the Hearing Officer's decision to the Circuit Court of the Eleventh Judicial Circuit and/or any higher court, and shall be solely responsible for representing the PARTICIPATING ENTITY in any such proceedings. 3 IV. AMOUNT OF REVENUE REIMBURSABLE TO THE PARTICIPATING ENTITY FROM THE FINE COLLECTED Subject to applicable state law,the Clerk of Courts shall,on a quarterly basis,reimburse to the PARTICIPATING ENTITY the fines collected from the issuance of civil violation notices for violations of the Specified Sections as set forth in section 8CC-10 of the County Code.Prior to the reimbursement,the Clerk of Courts will deduct the Clerk's administrative costs of processing the civil violation notices from the fines collected. Should the violator opt to enter the Miami-Dade County Diversion Program as set forth in Implementing Order 2-12, the Clerk shall pay to the COUNTY, and the COUNTY shall keep,the entire processing fee paid by the violator. V. TERM OF AGREEMENT AND RENEWALS This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3)years. At the expiration of the three (3)year period, in _ order for the PARTICIPATING ENTITY to continue its enforcement efforts, the COUNTY and the PARTICIPATING ENTITY may renew this Agreement for up to three (3) terms of three (3) years each. VI. PARTICIPATING ENTITY INDEMNIFICATION OF THE COUNTY Subject to the limitations set forth in section 768.28, Florida Statutes, and all other applicable laws,the PARTICIPATING ENTITY shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action, or damages of any nature whatsoever, arising from the act,omission,performance,or failure of performance of the PARTICIPATING ENTITY or the PARTICIPATING ENTITY's agents, contractors, servants, and employees relative to the enforcement of the provisions of the Specified Sections pursuant to chapter 8CC of the County Code. The PARTICIPATING ENTITY shall defend the COUNTY in any action, including any action in the name of the COUNTY. 4 VII. DEFAULT A. Without limitation, the failure by the PARTICIPATING ENTITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "Participating Entity Default."If a Participating Entity Default should occur,the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the PARTICIPATING ENTITY thereunder are terminated,effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give PARTICIPATING ENTITY a period of thirty(30) days after receipt of the written notice from the COUNTY of said default to cure any Participating Entity Default unless the COUNTY determines, in its sole and absolute discretion,that the nature of the default is such that it cannot be cured in a period of thirty(30) days from the date of the default. If the PARTICIPATING ENTITY commences reasonable efforts to cure such default no later than thirty(30)days after such notice, and such efforts are prosecuted to completion and to the COUNTY's satisfaction,then it shall be deemed that no Participating Entity Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the PARTICIPATING ENTITY shall have all of the following rights and remedies which it may exercise singly or in combination: 5 1. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the PARTICIPATING ENTITY. Provided, however, that the PARTICIPATING ENTITY shall give the COUNTY a period of thirty(30)days after receipt of written notice from the PARTICIPATING ENTITY of said default to cure any County Default unless the PARTICIPATING ENTITY determines,in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the PARTICIPATING ENTITY's reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. VIII. TERMINATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the PARTICIPATING ENTITY upon thirty(30) days' written notice. IX. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the PARTICIPATING ENTITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the COUNTY and the PARTICIPATING ENTITY for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County,Florida. 6 X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The COUNTY and the PARTICIPATING ENTITY agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the COUNTY and the PARTICIPATING ENTITY as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect,and that this Agreement may be modified, altered, or amended only by a written amendment duly executed by both the COUNTY and the PARTICIPATING ENTITY and their authorized representatives. XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the COUNTY and the PARTICIPATING ENTITY any rights or remedies under or by reason of this Agreement. 7 XIII. REPRESENTATION OF THE ENFORCEMENT ENTITY The PARTICIPATING ENTITY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the PARTICIPATING ENTITY or its designee; and(ii) it has the required power and authority to perform this Agreement. XIV. REPRESENTATION OF COUNTY The COUNTY represents that: (i)this Agreement has been duly authorized,executed,and delivered by the governing body of the COUNTY or its designee; and (ii) the COUNTY has the required power and authority to perform this Agreement. XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS,SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law,such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 8 XVII. NOTICE Notices to the PARTICIPATING ENTITY shall be sufficient if sent by Federal Express or certified mail,return receipt requested,postage prepaid, addressed to: Mr. Ronald J. Wasson, City Manager City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 with copy to: Mr. David M. Wolpin, City Attorney E Broward Boulevard, Suite Fort Lauderdale, Florida 33301 Notices to the COUNTY shall be sufficient if sent by Federal Express or certified mail, return receipt requested,postage prepaid, addressed to: Miami-Dade County Mayor Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street,29th Floor Miami,FL 33128 with copy to: Miami-Dade County Attorney Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street,28th Floor Miami,FL 33128 Or such other respective address as the COUNTY and the PARTICIPATING ENTITY may designate to each other in writing from time to time. IN WITNESS WHEREOF, the COUNTY and the PARTICIPATING ENTITY hereto have set their hands and seals the day and year first above written. 9 MIAMI-DADE COUNTY J *-ZE:5 "0 MAUR!CE L. KEMP Carlos A. imenez, Mayor Date DEPUTY MAYOR MIAMI-DADE C i Y. FL ATTEST: OA‘a S/3/2 6 „,—...... Harvey Ruvin, County Clerk Date J` (A ivi :tl Miami-Dade County, Florida f t s�`.O�`, Cei APPROVED AS TO FORM AND LEGAL *41., SUFFICIENCY: . ad.l... /..........1 o2 / 24 Anita iciana Date Assistant County Attorney Miami-Dade County, Florida 10 CITY OF AVENTURA Ronald J. Wasson Date City Manager ATTEST: Ellisa L. Horvath,MMC Date City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David M. Wolpin Date City Attorney 11 CITY OF "ENTURA PUBLIC MEMORANDUM TO: City Commission Ronald J Wasson, City Y: Joseph S Kroll, Public WorksfTransportation Director DATE: April 3, 2020 SUBJECT: Bid No. 20-03-17-3 - City of Aventurai iServices April i Commission i Recommendation: It is recommended that the CityCommission adopt the attached Resolutionawarding Bid o. 20-03-17-3 Cityof Aventura ! ctric ! Maintenance Services to the lowest responsible and responsive bi rs; AGC Electric, Inc and Universal Electric of Florida, Inc. contained in exhibit " as per City Purchasingt. The biddingprocess was in accordanceit the City's Purchasing Ordinance. i for this Electrical Maintenance Servicecontract re solicited, advertised andn Tuesday, March 17, 2020 at 3 PM. Two qualified bids were received as follows: AGC Electric, Inc. Universal ric of Florida, Inc. The bidis based on unit pricing for work to be performed in areasof Public Works that can be used the Departmenton an as-neededbasis determined by the Cityfor: Licensed ! rici Electrician's l r Bucket Truck One rs indoor lift ' Staff s reviewed Il bids and has determined that it is in the City's best interest t awardthis bid to both bidderstaking v n of the lowest pricesubmitted y each bidder. The Cityill be ableto realize significant s savings using this contract for repairs and maintenances needed to lighted street si s, all electrical components City ission April 39 2020 Page 2 in all City buildings and any other various Public Works functions as required. ll bidders will be required st the appropriateinsurance anperformance bonds and 11 work will be subject to review inspection by Citystaff beforepayment is issued. This contract is for one ( ) year with two ( ) r (1) renewals. Attachments: Exhibit "A" Tabulation JSK20005 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-03-17-3, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA, INC. AND AGC ELECTRIC, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; 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. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 20-03-17-3 CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES FOR REPAIRS TO CITY STREET LIGHTS AND FACILITIES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Universal Electric of Florida, Inc. and AGC Electric, Inc., have submitted the lowest responsible and responsive bids for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 20-03-17-3, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES FOR REPAIRS TO CITY STREET LIGHTS City of Aventura Resolution No. 2020- AND FACILITIES is hereby awarded to Universal Electric of Florida, Inc. and AGC Electric, Inc. at the bid prices as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That 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 Numbers 001-5401-541-46-91. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 6th day of April, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 C 0 O O O N to 2 P p o c 40 16 IT E.... o ai is E m 69 ER 69 CR W -a To' a.. o o 0 0 c co m O O�° CO Z. O a o C A4 EA s9 ER ds 0) II., A N a 0 a N 0 0 0 0 W t vi -4f c vi j 0 V VI N N o L '-+ rl id m Ecco c 8 Z W �, o Wa~ MZ ~ a p m 4 co 0 Z C W N LLO FQ- te a ds 69 es ) (1) — IZ 0 Q 0 0 0 0 - I- M mJ 6VI oc) U A O 0 L HQ aid L W C bs 5R &9 > c Wm W o c>' m as o .c V In m L c coo o cas U .g t o y 0 0 lc c Ey o > o +• y 41.. x a 4; vn v ' 'C7 C CO °) 0 — c w E o w -° co . ami a — P - Cl) a w al 0 O u ca CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORAUU N ®e City Commission F Ronald sson, City Manage BY: Joseph S Kroll, Public Works!Transportation Director X __ April 3, 202 SUBJECT: Resolution to approve easement donationFlorida Transportation intersection improvements between SR-5/USI I and Dixie April i Commission i Item Recommendation: It is recommended that the CityCommission o the ch solui n approving the easement (donation) to Florida n of Transportation ( T) for intersection improvements n SR-5/US nDixie Highway. Background: The Request for the easement donation is to acquire needed land for the planningof the FDOT project scheduled o begin in April 2021 i completion date of August 2024. This project is designed to elevate the west bound traffic loop to go over the FEC Railroad track nDixie s h . It also includes the wideningof the southbound and eastboundroadway including the bridge, updating sri ramps, signage, pavementr in s and lighting, s well as drainage. This project will help to improve and enhancesafety for both vehicular n stri n traffic and will accommodate anticipated future r v l demands that arise. Staff recommends rov l of easement donationfor these improvements. JSK/gf Attachments: Exhibit dd " FDOT easementrequest letter Exhibit d' " FDOT map of easement area Exhibit "C" solution JSK20006 FDOT iT7 — Florida Department of Transportation RON DESANTIS 1000 NW 11 Ith Avenue KEVIN J.THIBAULT GOVERNOR Miami,FL 33172-5800 SECRETARY March 10th, 2020 Joseph S Kroll MPA, CPM, CFM Public Works & Transportation Director City of Aventura 1 200 W. Country Club Drive ventura, FL 33180 SUBJECT: DONATION REQUEST Item/Segment o.: 33511- Managing District: Six No.: / State Roado.: SR-5/US-1 and W. Dixie HWY County: Miami-Dade Parcel No. (s): 809 Project Location: NE 203rd ST intersection improvements een SR-5/US-1 and W. Dixie HWY Dear Mr. roll: I hope that all is well. I am writingyou due to the fact that the Florida Department of Transportation (the Department) is planninga road improvement roject on SR-5/US- 1 - / - 1 and W. Dixie HWY. It will span the NE 203rd ST intersection improvements a een SR-5/US-1 an ixie HWY (0.76 miles). This project is scheduled to begin in April of 2021 and is scheduled o be completed in August of 2024. The project will elevate west bound on NE 203rd St over the FEC Railroadtrack ( )and W. Dixie HWY. It also includes widening the roadway south bound and east bound along 203rd ST (including the bridge), updating desrian ramps, signage, pavement markings, lighting (to meet the current standards) and drainage improvements. The objective of this project is to provide intersection improvements an to enhance traffic operations. As well as, improve safety conditions at the Florida EastCoast(FEC) Railway line crossings of NE 203rd ST/Ives Dairy RD and/or NE 215th ST by eliminating vehicle conflicts with existing freight and future passenger trains of the FEC Railway. The proposed intersection improvements ill also accommodate anticipated future area travel demand and address other design deficiencies within these two intersections. www.dot.state.fl.us Page 1 of 2 rr In order to complete this project, the Department is requesting a donation from the it of Aventura. This donation request area is being referred to as Perpetual Easement Parcel 809 consisting of ±1,399 SF. Parcel 809 is for the purpose of facilitating and maintaining the crossing of the Ramp C bridge overt a area south of NE 206th ST as the Ramp approaches the FEC corridor. The Department's Public Works Department has identified Parcel 809 as being owned by the it of Aventura. Pursuant to Section 337.25, Florida Statutes, the Department may accept donations of any land. Please accept this request forte donation of the above referenced parcel tote Florida Department of Transportation. Please find attached the following documents for your review and to begin the process for approval: 1. Perpetual Easement document (public purpose) 2. Donation form 3. Parcel legal description 4. Plan sheet and exhibit showing the Parcel location and area 5. Project overview sheet I look forward to working together for the fulfillment of our Public Service mission. If you have a question or need additional information, please contact me, Quivenia Lee, at (305) 470-5129 or Qu iven iaSha i.Lee(@dot.state fl.us. Thank you. Sincerely, Quivenia S. Lee (Kiki) Senior Right of Way Agent Florida Department of Trans portation/FLAA 1000 Northwest 111 th Avenue District 6, Room 6105-B Miami, FIL 33172® Enclosures Cc: File www.dot.state.fl.us Page 2 of 2 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED EASEMENT CONTRACTS AND DONATION FORMS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PARCEL OF LAND CONSISTING OF +/- 1,399 sf PARCEL 809 OF THE SW 1/40F SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; 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: WHEREAS, FDOT has requested that the City of Aventura ("City") donate to it a Parcel of Land (`Permanent Easement") consisting of +/- 1,399 sf to facilitate the construction of its SR-5/US-1 and West Dixie Highway Project; and WHEREAS, the approval of the donation by the City in accordance with the below referenced Easement Agreement, directly serves a municipal purpose; and WHEREAS, the City Commission finds that the approval of the Easement Agreement, substantially in the form attached as Exhibit "A"', is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are true and correct, and are incorporated herein by reference. Section 2. Approval and Execution of Easement Agreement. The Easement Agreement between the Florida Department of Transportation and the City substantially in the form attached hereto as Exhibit "A", together with such non-material changes as may be acceptable to the City Manager and approved as to form and legal sufficiency by the City Attorney, is approved subject to the conditions set forth as follows: A) FDOT shall not unreasonably interfere with Aventura's servient property interests in the Easement Area from using or accessing the Easement Area, or City of Aventura Resolution No. 2020- Aventura's real property that abuts it, with the understanding that if at any time FDOT shall require that Aventura's use of or access to the Easement Area shall be temporarily restricted or blocked, FDOT shall provide advance notice to, and shall further provide alternate temporary means of access of equal or better quality to, the Easement Area and Aventura's real property that abuts it. Advance notice under this instrument shall be provided to Aventura at its address of record at least seventy-two hours prior to any restrictions or blockage of the Easement Area; and B) Aventura may utilize the Easement Area in any manner that shall not interfere or be inconsistent with FDOT's uses and purposes described herein, with the understanding that Aventura shall not construct or erect permanent improvements or structures under upon, or over the Easement Area. Section 3. The City Manager is hereby authorized on behalf of the City to execute the Easement Agreement, and any necessary amendments or addenda thereto. Section 4. Authorization of City Officials; Execution of Documents. The City Manager and the City Attorney are each authorized to take any action which is necessary to implement the terms and conditions of the Easement Agreement, and to prepare execute and submit any documents necessary to effectuate the acceptance of the Easement Agreement and carry out the purposes of the Resolution and the Agreement. Section 5. Effective Date. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2020- PASSED AND ADOPTED this 6t" day of April, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 07-PE.11-04/93 This instrument prepared by, or under the direction of, Alicia Trujillo,Esq. District General Counsel State of Florida Department of'Transportation 1000 N.W. 1 I ph Avenue Parcel No. : 509.1 R(0212512020)RT Miami,Florida 33172 Item/Segment No. : 433511-2 1 1/25/2019—MF Managing District : 6 PERPETUAL EASEMENT THIS EASEMENT Dade the day of 120 ,by CITY OF AVENTURA,a municipality of the State of Florida,Grantor,to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,its successors and assigns, Grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of facilitating and maintaining the crossing of the Ramp C bridge over the area South of NE 206th Street as the Ramp approaches the FEC corridor, and for other related transportation purposes in, over, under,upon and through the following described land in the City of Aventura, Miami- Dade County,Florida,viz: PARCEL, 509 F.P.No. 433511-2 A portion of airspace within the Right-of-Way of East Dixie Highway and NE 206th Street,lying in the Southwest one- quarter (SW 1/4) of Section 34, Township 51 South, Range 42 East, Miami-Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the North Right-of-Way line of NE 206th Street and the East Right-of-Way line of East Dixie Highway, as extended Westerly and Southerly, respectively, said point being a found 5!5 inch Iron Rod and Cap stamped "LB6632"; thence S02°06'56"W, along the Southerly extension of said East Right-of-Way line of East Dixie Highway,for a distance of 59.93 feet to the POINT OF BEGINNING of the hereinafter described parcel: Thence S55°05'14"E for a distance of 19.42 feet to a point on a Florida Department of Transportation("FDOT")Limited Access Right-of-Way line,as established per FDOT Right-of-Way Map for State Road 5(U.S. I /Biscayne Blvd.),Section 57030-2534, last revised 02(13/1995; thence along said Limited Access Right-of-Way line for the following two (2) courses: thence S51°20'04"W for a distance of 20.55 feet;thence S57°50`29"W for a distance of 65.21 feet to a point on a non-tangent curve concave to the East,having a radius of 22,531.22 feet, a chord bearing of NO2°23°05`°W, and a chord distance of 22.96 feet;said curve being the Westerly Right-of-Way line of East Dixie Highway and Easterly Right-of-Way line of the Florida East Coast Railroad("FEC");thence Northerly along the arc of said curve and said Right-of-Way line, through a central angle of 00°03`27",for an arc distance of 22.96 feet;thence S85'05'1 4"E,departing said Right-of-Way line, for a distance of 66.30 feet to the POINT OF BEGINNING. The above described parcel shall be contained within the following vertical space: the bottom plane of the vertical space shall be at an elevation of 22.50 feet,and the top plane of the vertical space shall be at an elevation of 95.00 feet,resulting in a parcel height of 72.5 feet. This vertical space, as defined, is based on the North American Vertical Datum of 1955 (NAV D55). Containing 1,399 square feet and a gross volume of 101,425 cubic feet,more or less. John Liptak, PSM#5664 State of Florida Maser Consulting P.A. 1 of 2 Date: 02128!2020 TO HAVE AND TO HOLD the same into said grantee,its successors and assigns forever. IN WITNESS WHEREOF,the said grantor has caused these presents to be executed in its name by its and its seal to be hereto affixed,attested by its City Clerk,the date first above written. ATTEST: CITY OF AVENTURA, Florida Its City Clerk By: Its (Address) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization,this day of 20 by ,the of the CITY OF AVENTURA, Florida. He/she is personally known to me or has produced as identification. Notary Stamp (Signature of person taking acknowledgement) ('Type,print or stamp name under signature) Title or Rank and Serial No.,if any: 2 of 2 575-030-12 RIGHT OF WAY FDPnT OGC 1/19 Florida Department of Transl ON DESA TIS Office of Right of Way T,P.E. GOVERNOR 1000 NW 111th Avenue,Room 6105®E Nflami,FL 33172 Donation of Propertyto the Florida Department of Transportation March 10th, 2020 IT /SEGMENT .. 433511-2 City of Aventura MANAGING DISTRICT.- 19200 W. Country Club Drive Aventura, FL 33160F.A.P. NO.: N/A STATER A NO.: R-51U -1 and W. Dixie HWY COUNTY: Miami-Dade PARCEL NO.: 809 INTEREST CONVEYED, Perpetual Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. nems Signature Type or Print PropertyOwner's Name Street Address City, State, Zip Code Date 575-030-12 RIGHT OF WAY FD T OGC-9/19 Florida Department of Transportation INSTRUCTIONS FOR COMPLETION OF THE PROPERTYDONATION OF TO THE FLORIDA T T OF TRANSPORTATION (FORM 575-030-12) This form should be printed on official DOT letterhead. DATE AND INSIDE Space is provided for a date and inside address of the property owner. PROJECT/PARCEL The following information can be located in the legal documents and Right of INFORMATION: ay map for each project and is required on official Department forms: Item/Segment No. Managing District F.A.P. No. State Road No. County Parcel No. SIGNATURE BLOCK: The owner must sign and provide an address and date before the Department can accept the donation. ORIGINAL: Parcel File COPIES: Owner(s) PARCEL 809 F.P. No. 433511-2 A portion of airspace within the Right-of-Way of East Dixie Highway and NE 206th Street, lying in the Southwest one-quarter(SW 1/4) of Section 34, Township 51 South, Range 42 East, Miami-Dade County, Florida,and being more particularly described as follows: COMMENCE at the intersection of the North Right-of-Way line of NE 206th Street and the East Right- of-Way line of East Dixie Highway, as extended Westerly and Southerly, respectively, said point being a found 5/8 inch Iron Rod and Cap stamped "LB6632"; thence S02'06'56"W, along the Southerly extension of said East Right-of-Way line of East Dixie Highway, for a distance of 59.93 feet to the POINT OF BEGINNING of the hereinafter described parcel: Thence S85°05'14"E for a distance of 19.42 feet to a point on a Florida Department of Transportation ("FDOT") Limited Access Right-of-Way line, as established per FDOT Right-of-Way Map for State Road 5 (U.S. I /Biscayne Blvd.), Section 87030-2534, last revised 02/13/1998; thence along said Limited Access Right-of-Way line for the following two (2) courses: thence S51'20'04"W for a distance of 20.85 feet; thence S87'50'29"W for a distance of 68.21 feet to a point on a non-tangent curve concave to the East, having a radius of 22,831.22 feet, a chord bearing of NO2'23'05"W, and a chord distance of 22.96 feet; said curve being the Westerly Right-of-Way line of East Dixie Highway and Easterly Right-of-Way line of the Florida East Coast Railroad ("FEC"); thence Northerly along the arc of said curve and said Right-of-Way line, through a central angle of 00'03'27", for an arc distance of 22.96 feet; thence S85'05'14"E, departing said Right-of-Way line, for a distance of 66.30 feet to the POINT OF BEGINNING. The above described parcel shall be contained within the following vertical space: the bottom plane of the vertical space shall be at an elevation of 22.50 feet, and the top plane of the vertical space shall be at an elevation of 95.00 feet, resulting in a parcel height of 72.5 feet. This vertical space, as defined, is based on the North American Vertical Datum of 1988 (NAVD88). Containing 1,399 square feet and a gross volume of 101,428 cubic feet, more or less. John Liptak,PSM #5664 State of Florida Maser Consulting P.A. Date: 11/21/2019 Ilia 1-Trus Rgoz 3 L----------- �g � Y _ SLIZ. 133ULS 4PSOZ'3'N N4 kdg -5 t 16 nj�- ------------- .66 1w 82 9 z e 04-- M --------------7— I J2 '3p, is s sm m 1. 0 ax 11 -41 I ` Ir�; /7 I0. �" � ���V1���b � K —na SE ov W.3 133uls PlEoz'31N V .W.aa aW m y < r Fr{ } 3 t tl(Y h T s ( � ( 'I y t t k' } j } l 1 1"- t£ So u/ l I f;# tY< Sy Ih f 1 r TJ� J�D Y, fi)f }P r f r 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 11-110 FROM: Ronald J. Wasson, City ManaSer --'-� DATE: April 3, 2020 SUBJECT: Motion to Approve the City Manager's Creation of an Assistant.City Manager (Finance & Administration) Position April 6, 2020 Commission Meeting Agenda Item RECOMMENDATION In accordance with the City Commission's direction at the March 19, 2020 Commission Workshop, it is recommended that the City Commission approve a motion to approve the creation of an Assistant City Manager (Finance & Administration) position. The City Manager will report in six months as to the effectiveness of the new position. If you have any questions, please feel free to contact me. RJW/act Attachment CC01 877-20 A,0 TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICI Community Development Director April 6, 2020 Local Planning Agency Agenda Item — April 6, 2020 City Commission Meeting Agenda Item - ------- May 5, 2020 City Commission Meeting Agenda Item — Ise �oWmal'i City staff is recommending general housekeeping and updates to the City Code. Thesm, updates are recommended for consistency with recent changes in legislation, f clarification of Code provisions, for facilitation of development review and to providl regulation for new technology. The specific proposals are as follows: 1. Chapter 4, Alcoholic Beverages, to amend and clarify Restaurant and Cocktail Lounge Exemptions. Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. l) requires that the location of an establishment is at least 1500 feet from a business with an existing liquor license and at least 2500 feet from a school or place of worship. There ar-, several exceptions to this location requirement; those being: • Private clubs • Restaurants in B1, B2, TC1, TC2 and TC3 zoning districts that serve cooked, full course meals daily prepared on premises • Cocktail lounges in restaurants where full course meals are available at the bar and have at least 200 seats and 4000 square feet of floor area • Beer and wine sales from rocs stores • Bowling alleys • Hotels and motels with at least 100 guest rooms ® Golf course clubhouses ® Excursion, sightseeing or tour boats that serve full course meals and have at least 200 seats and 4000 square feet of floor area • Tennis clubs and indoor racquetball clubs with no less than 15 courts • Not for profit theatres with live performances with no fewer than 100 seats If an establishment roes not ea e distance and spacing requirements and goes nI meet the criteria for exemption, they may apply to the City Commission for conditional u approval. _ -I �� _ �' exemption.The exemption for restaurants limits the exemption to restaurants located in the B1, B2, TC1, TC2 and TC3 zoning districts. The other business districts; namely, Heavy Business (133), Office Park (OP) and Medical Office (MO) zoning districts also permit restaurants and should be included in the Staff recommends that the exemption be revised to include all zoning districts in which restaurants permitted The exemption for cocktail lounges in restaurants requires that the restaurant have at lea 200seats and 4000squarefeetof floor ar +taThesecriteriawere based .rt.d o " e a liquorcul n time this chapterwas adopted. In the pas geveral establishments have requested and received conditional use approval when th ,to not meet the seat count and floor area. The State regulation has recently reduced the square footage and seating requirement f the Specialty Food Service (SFS) Establishment liquor license from 4000 to 2500 squa leet of service area and from 200 to 150 seats, when there is at least 51% of gross fool 2nd beveragerevenue from sale o; ;llf and non-alcoholic !beverages. The Sta audits + ". percentage sixty days a " e" ,*restaurant has opened n annually : e af er Staff recommends a corresponding change to the City Code, with some furthcm clarification n stthe cocktailg exemption applies " n when it is accessory restaurant use and that the minimum floor area and number of seats based o indoor floor area and seating. 11 4 91 MR.Ig TMNXANFFIVIII„ll *Aw : i ; I , Staff has recently had a request from an electric vehicle manufacturer to install supercharger station within an existing surface parking area in a commercial plaza. Th manufacturer advised that they wish to add more supercharger stations to plaz throughout the City. The following definitions and regulations are proposed to facilita installation of electric vehicle charging stations. There is an existing supercharger station on the ground floor and other single chargin posts in the new garage in the Aventura Mail expansion. The City has also installed singi charging posts in the Aventura Government Center parking garage and in Founder's Par These installations did not pose a City Code concern because the location was eith completely enclosed and/or parking spaces and drive aisles complied with the size an, I location required by City Code. Installations on existing surface parking areas do pose concern because many of the existing parking areas are non -conforming and chargin cabinets are installed open-air, 11 Staff recommends that a definition of electric vehicle charging station and standards f installation be added to the Off -Street Parking, Loading and Driveway Standards sectio of Chapter 31, Land Development Regulations (LDR), of the City Code. I III fill 111 111 11111 11111111 111 11 11 11,1111RIFF11101 111111"M,11�11&01 _08111 11 AIM (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. 9 (6) Size and character of required parking. The following design requirements shall be observed for off-street parking.- ... electric vehicle charcin Electric Vehicle ("EVI ch ri ace means - Darkillf!"I �Vace that is confintialtv ment that has as its nn'mary transfer of electric enerav to an electric vehicle. Charcung levels means the standardized indicators of electrical force, or k�2�� which an electfic vehicle's battenl is recharr.-_j oical electric vehicle chang6qg levels Level I - Provides ch rthro fha 120L fi !I ol, and does not rprillf . rp times used at worknInces. Level 2, Provides chaill illi Ir th'! i li�,; I I ��Mh a 240 vol (for residentiaLand 208 volt for commercial and stallation of additional cha ment Can deliver 10 to 20 miles of rana- per hour of chaw Used in homes workolaces and lc_,_ ulific or within new or existina surfacip pa&in e/ 3 (DC Fast Charge) equipment, the chargina equipment, excluding the charging Posts an connectors _sh "//,e located so that it is not visible fro th!2 bliq o wa in the _q(L___jjghL = �_f . Z_2�� alte iative, enclosed and secured in a manner comnatible with the site, as approvLd by the City Man@ e Q_r._ 2. EV charging statioas=,==pther than Level I and Level 2 wallp e mounted cLdMqM sha" '-e located in pogarrkina -a th 100 or more r m_rages or on surface parking lots wi reaula i2arking sgaces. 3. Maximuin hejg tLt of Le t shall be 7 feet. Maximum he of Level_a_(Q�-f m pst ch heLght of Level 3 (DC fast chaLge) chaLge post shall be 6 feet, 4. No advertisino, other than information reguired bv this Section, is i)ermitted on charaina station sians, cabinet',-> andlor charging station egu�gment. 15. An EV. cha[ging stqtion s ace ma be counted towards the number of Darkinq sgaces required Dursuant to this 4rticle: however, the maximum number of electric vehicle phargi - � aces cannot exceed ten IQ?o) of the nurubei� of reqvire re lar �jjg - _(_ %_ — __ _4=_ qg-- saaces. A maXimum of fiftiv_(�0% rcent ot the e/er __Wp tric vehicle charming -station SDaces mav be desianed for sole use bv one manufactUrel'S electric vehicle. 6. Existina reaular narkina sDaces, com'Olvinq with the standards of this Article, maz be converted to EV chaLgi:ng station spaces. T Ki�stinq)�eguiar ards of this Arficle may be converted to EV charaina spaces on1v when the affected parking spaces are brough into compliance with the standards of this Article. Lifil Electric Vehicle Charging Station Space Design Standards Electric vehicle ("EV')=cghar ing station s aces shall meet thqfibll mi�gApsLg tc ndard qL_,, ___Q 0 _O S�_? in addition to the other standards in this Article.-, 1. Each EV charainq station space shall be equipped with a si n desionating thenarki . n wace as an EVoarking s -pace, in accordance with the Manual on Uniform Traffic Control Devices �MUTCD) of the Federal � Ltqh�4gy Administration. manufacturer and contact information for the owner of the chaLg�nq. �tation �to q1tow COMDlies with the provisions of the Florida Building Code. .1 - - - - ------- cords and connectorsAbove e und surfapp�. All such devices cords and connectors shall be desi�qned tLfQm visions of the Florida Buil �nQ Code. V-.']jjjjIjIIjIg ImIni'lim -g, Duroose of wholesale or retail sales. r,*" "WIF A 3 circulation, or with reauired landscaging other transmission eguipment (other than charaina posts or connectors) related to the station shall be complete!_K_!pnclosed. For E�� char n talled in enclosed qjtlq stations i s arkina aaraaes, all ecluiDment (other than charaina Dosts or connectors) related to the station shall have safetv screens around the eauinment. mum a vehicular use area and where certain i�e qu;—ments in this Section and in Section 31-221,LardscapLn_ Re yiremgntsgre -q_— q� considered bv the Citv Mana-qer to be either impossible or imDractical to compIv with, without reducing the number or size of existing Parking snaces andlor the jtgLJ�red width of drive aisles, administrative relief from size and width of Derimeter and lor interior landsca e buffer s fflaK-bg g 12rovided that the intent and purpose of this Section is not compromised. IV. t r 31, Article VII, Use Regulationsto clarify in RS1, RS2, RMF3, 1, , TC1, TC2 and TC3 zoningdistricts From time to time, staff receives inquiries from developers, architects and attorneys regarding the meaning of language that allows uses permitted in one zone as either permitted or conditional uses in another zone. For example, staff receives questions regarding the B2, Community Business zoning district, which provides that "arty use permitted in a B 1 district subject to the requirements of that district as outlined herein" is also permitted use in the B2 zoning district. This provision means that all "Uses permitted' in the B1 district are permitted in the B2 district; however, it does not mean that "Conditional uses" in the B1 district are permitted uses in the B2 district. Similarly, there is language in the majority of the zoning districts which provides that "a// uses permitted in the Community Facilities (CF) zone" may be allowed as conditional uses in another zone. This provision allows the "Usespermitted' in the Community Facilities (CF) District but does not include the "Conditional uses" in the CF zone. Recommendation: In order to clarify that language, staff proposes to chane the capitalization of "uses permitted' in the applicable zoning districts to "Uses permitted' and add language to clearly specify that the uses permitted do not include the conditional uses. Proposed Amendment: Chapter 31, Article VII, Use Regulations Sec. 31-143. - Residential Zoning Districts. (b) ResidentialSingle-Family i tri t ( )® The following regulations shall apply to all RS1 Districts. (1) Purpose of district. The RS1 Zoning District is established for one-family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per net acre. ( a) Conditional uses. The following uses may be established if first approved as conditional use: All oUses permitted in the CF District, but not anv use listed as a Conditional use in the CF district. 8 (c) Single-family Resi i 1 Districts ( ). The following regulations shall apply to all RS2 Districts. (1) Purpose of district. The RS2 Zoning District is established for one-family living environment appropriate to the needs of families on lots of limited size in areas consistent with the city's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acro. (2a) Conditional uses. The following uses may be established if fiat approved as a conditional use: a. All uUses permitted in the CF District, in the CF district. (d) Multifamily Medi reity Residential Districts ( ). The following regulations shall apply to all RIVIF3 Districts. (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element Densities shall not exceed 25 units per gross acre. ( a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uLlses permitted in the CF District, but not any use listed as a Conditional use in the CF district. ( ) Multifamily MediumDensity e i roti 1 Districts ( ® The following regulations shall apply to all RIVIF3ADistricts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. ( a) Conditional uses. The fallowing uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District , but not any lase listed as a Conditional use in the CF district. ( Multifamily igh Density Residential Districts ( ). The following regulations shall apply to all RIVIF4 Districts. (I)Purpose f districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily ily r+ si ntial use and limited-service hotel use hen combined withmultifamily residential develop nt in areas consistent with the City's Comprehensive Plan Future Land UseElement. Densities shall not exceed 45 units per gross acre, ( ) Uses permitted. No building r structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, a. II uUses permitted in the RIVIF3 District, (2a) Conditional uses. The following uses mayestablished if first approved as a conditional use: a, All uUses permitted in the CF Distri t, but nit env us listed as a Cuts iti r a/ use in the CF district. ( ) Multifamily Mediumi i tit Districts (RMF3B). The following regulations shall apply to all RMF3B districts, (I)Purpose f district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible mediumdensity multifamily residential use in areas consistent with the City's Comprehensive PIan Future Land Use Element. Densities shall not exceed 35 units per gross acre. ( ) Conditional uses. The following uses may be establishedif first approved as a conditional use: am Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feat in height. All oUs s permitted in the CF Distrie in the CF district. 1 Section 31-144. — Business Zoning Districts Neighborhood Business (Bl) District. This district is intended to provide primarily for retail sales and services to a surrounding neighborhood. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. The district is appropriate for location on a collector or an arterial roadway. (2) Conditional use. The following uses may be established if first approved as a conditional use; e. All uUses permitted in the CIF District%but not any use listed as a oraditi rral use in the CF district. ( ) Community Business (B2) District This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways, (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Any Uses permitted in a 131 District subject to the requirements of that district as outlined herein. (2) Conditional use. The following uses if first approved as a conditional use: k. All Mises permitted in the CF District, but not any use listed as a Conditional use in the CIF district. ( Business ( 3) District This district is -intended to provide locations for planned commercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan,- and for a wide range of goods and services to serge a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are 11 not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards, and have direct access to arterial roadways, particularly major arterials. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for ether than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied.. a. Any uUses permitted in a B1 or B2 District subject to the requirements of that district as modified herein. ( ) Conditional use. The following uses may be established if first approved as a conditional use; f. All uUses permitted in the CF District, but not amuse listed as a Conditional use in the CF district. (e) Office Park (OP) District. This district is intended to provide for high-quality, semi- professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. ( ) Conditional use. The following uses if first approved as a conditional use: ( ) All oUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. ( Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. 1 ( ) Conditional use. The following uses if first approved as a conditional use- h. All trUses permitted in the CIF Distric in the CIF district, 31-145. Town Center Zoning Districts. (b)Town CenterDistrict ® The following regulations II apply to all T 1 Districts: ( ) rtc itienai craw permitted. The following uses may be establishedif first approved s a conditional use: a. Thosemuses permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. b. Those muses permitted in the B1 District. c. Those muses permitted in the B1 District with increased floor area. II oUses permitted in the CIF Distri e in the CIF district. Center rine District )® The following regulations shall apply to all TC2 Districts. ( ) Uses permitted. No buildingr structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied- (4) atisfi ;( ) Conditional craw permitted. The following uses may be established if first approved as a conditional use; a3hose oases permitted in the RIVIF3 District. Those buses permitted in the B 1 District, .T se ouses permitted in the OP District, Those 44uses permitted in the U District. e.Those e ermitted in the ROS District. o. All uUses permitted in the CIF District. but nit ani use listed as a rrtierrai erre in the CF district. 1 (d) ( ) Town Center Neighborhood (T 3) District The following regulations shall apply to all TC3 Districts: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those °uses of itte Uses permitted in the B1 District with increased floor area. k. II € Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. V. Chapter 31, ArticleIIS Clarification of definitionof accessory An accessory use is defined in Section 1® 1 of the City Code as follows: "Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use." An accessory use is exclusively for the use of the principal use or building to which it is attached. As such, an accessory use may not have a separate sign or be advertised for use to anyone other than users of the principal use or building. For example, a convenience store or beauty salon in a residential building may be established for use only by the residents of the building. Recommendation: Staff recommends that the definition be clarified to include the prohibition of signage or outside advertisement of the accessory use. Proposed n ® Chapter 31, Article ll. ® Definitions and Rules of Construction. Section 31-21. — Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or 14 limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. si nenotin the ccesso use shall be exhibited or dis la e and no ertise ent ubliciln or marketin the accesso use se arat I fro the rinci al use shall be exhibitegLor dis la ed here such si n an !or erose ent is nisi le fro rernises which re locate e and or outside of the rincit al or accesso use, VII. Chapter 31, Article IX, Sign Regulations to add regulation for wall signs for Assisted Living Facilities Staff s received requests from o of the existing assisted living facilities for wall signs. The City Code currently allows wall signs for retail, office n hotel buildings. The only sign permitted for an assisted living facility is a monument sign. However, there was an exception made for the new facility in the Park Square development, where a wall sign was permitted through a multi-tenant sign package approved by resolution. Assisted living facilities are considers a non-residential use for purposes of the City's zoning Code. Recommendation: Staff recommends that wall signs be permitted for Assisted Luing Facilities, similar in number, type and size to wall signs permitted for office and hotel buildings. Proposed "Section 31-191, Sign Regulations Generally Nonresidential district nigras. The owner(s), or their authorized representative, may a their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City- 12) f Wallsian for business identification for Assisted Lidg �acilitie Wall si n for business identification. (Permitted on1v on assisted liVio facilities royals irra e i regr�i�eA 1 gggassar Illumination & Reverse or channel letter i n only. Number One tell i n der ullclin for i n looete to tone high. Comer or ei u th u h oto lootion hese n clitionl ly11 i n. uoh i n hll be lirnite to eroent of the uare footarre of the rr i n, uoh exon in shell not be loe on the same burlin eletion as the g'Tis n. Two wall si n _ er uilclin for n loo ted to Lorre high, with one wall in on1V Der building elevation. i n area One square foot for each one lineal foot of builclin fronte for n Lmaani urn?n locatedl to 5 stg6gLL&L One and one-half Sguare foot for each one lineal foot of bu Idinq fronts- e for signs looted 6 to 10 stgme high. One end three urter were foot for eoh one lineal foot of uilctin frontage for in looted 11 to 1 torte hioa Two sauare feet for each one lineal foot of building fronts e furi n located 16 to 20 storieLhigh. Loo bola No tell n h 11 e in t lle on buil in ala tion that faces an adiacent residential/vresidential/v zoned DroDert located,within 300 feet of the elevation. 1 VII. Chapter 31, Article IX, Sign Regulations to add maximum illumination level for signs and to allow digital video display on a commercial advertising sign that has been approved by variance. I. Maximum illumination level There have been two recent installations of channel letter wall signs with interior LED illumination. The LED light, while energy and cost efficient, is much brighter than the standard neon light. The concern is distraction of drivers due to the intense light. Staff has reviewed a recent illumination study by the International Sign Association, and regulation in neighboring cities' codes. The City's LED streetlights are 10,000 lumens. For further comparison, a recent LED sign installed at a new Assisted Living Facility is 20,000 lumens. Staff has also consulted with a City sign vendor who advised that the standard illumination for signs is 4,000 lumens up to 7,000 lumens for a bright sign. Recommendation: Staff recommends that a maximum illumination level of 4,000 lumens be added to the City's sign code. The new provision will apply to all signs where illumination is permitted. II. LED changeable copy on a commercial advertising sign approved by variance The sign code prohibits any animated sign, defined as: "Animated sign: A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. Includes digital video displays." The owner of a billboard that was previously approved by the City Commission through the variance procedure in the Land Development Regulations has requested that the current static advertising display be changed to an LED changeable copy display. Recommendation: Staff recommends that the prohibition on changeable copy be amended to exempt a billboard that has received variance approval from the City Commission. Proposed Amendment: Section 31-191 — Sign regulations generally. (f) Prohibited signs. The following are prohibited: ( ) Animated Signs, except cornrnercial advertisin sing defined in Section 1®193 of this Article, that has been approved the City through variance. _� } An sign with an illumination level exceeding 4,000 lu ens. ill® Chapter 31, ArticleLandscaping, to add regulation for use of artificial turf i limited lig i The City's landscaping requirements do not contain regulation for the use of artificial turf for any application. Artificial turf has historically been used for indoor arenas an commercial pla iels; however, the use has increased to other applications such as public and private outdoor recreation fields, roadway medians, rooftop and above® ground terraces and pool decks in both residential and non-residential developments. This trend stems from technological advances in the materials, making them more life-like and environmental ly®friendly. The benefits of artificial turf are water conservation, increased durability and elimination o pesticides. The traditional concerns of using artificial turf include hazardous effect when using rubber tires as the backing, heat island effect, permeability, reduction of soil habitat and bacteria growth. The City has used artificial turf for the playfield at ACES. This turf is permeable, heat resistant and bacteria-resistant. It has non-toxic backing materials and an expected lifetime of 10 years. The City has used a turf base containing sand that may support some soil habitat. Recommendation: Staff recommends the addition of a definition of and material specifications for use of artificial turf in public and private athletic fields and playgrounds, roadway medians, rooftop or above ground terraces and pool decks in residential and non-residential developments. Proposed to Section 1 ® Landscaping Requirements. ( ) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a differentmeaning: Artificial turf: a surface of synthetic fibers rade to look like natural Grass and emulate the texture and feel of agturat Lass Landscaping material: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf in areas errrtittett by this Section, shrubs, 1 vines, hedges, trees, palms and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials, Lawry area, An area planted with lawn grasses or artificial turf in areas permitted by this section. ( ) ( Other plant material specifications. b. Ground covers: May be used in lieu of grass, Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawngrass- Shall be St. Augustine 'Floras ` solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn shall be solid sodded for immediate eect. ds PlantQuality- Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the Stateof Florida Department of Agriculture and Consumer Services. e. Mulch- All exposed it areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimumthree-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines: Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. rtificial 7ra be cried a la irr ce for �rlic acrd rivate ort recreation Etat roadv a rrrediarr irr areas o Goodin and draina e corrcem la rocrrrd roc to or above rocrrrd terraces and Dooldecks in residential and non- residential ified b the manufacturer in a manner acce table to the fit a erre ble baofieria- and treat-resistant and has ao a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, artificial turf that is damaged or beyond its lifecycle, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura. IX. Chapter 31, Articleul i , to add regulationv r u fuel storage tanks for emergency generators in , ROS and U Districts As part of the 2017 update of the Land Development Regulations, approved through Ordinance No. 2017®07, the provision for above ground fuel storage tanks foremergency generators was revised to increase the size of tank permitted from 550 gallons to 2000 gallons in the medium and high density residential districts and in the non-residential districts. it was inadvertently omitted from three of the non-residential districts in the 2017 ordinance. Recommendation: Staff recommends that the same provision approved in 2017 for other non-residential zoning districts be added to the C , Community Facility District, ROS, Recreation Open Space District and U, Utilities District. Amendment:Proposed I. Section 31-147 — CommunityFacilities ing District. ( ) Conditional use. The following uses if first approved as a conditional use: g. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel foremergency generators. ATs must conform to the following requirements: 1. Be of 550 2000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 20 3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the CF zoning district. 5. Installation of any AST shall require a building ermi from the City, Application for building permit shall be accompanied by a site I n indicating the location of the AST relative o property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan preparedy a Florida licensed architect or landscape architect and other supporting ocu entation as deemed necessary by the City ana er or designee. II. Section 31-148 -Recreation/Openire i trict. ) Aboveground storage tanks. Aboveground storage tanks (AST) r permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency enerators. ASTs must conform to the following requirements- a. equire ents-a, Be of 669 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c, Be fully screened by a masonryor concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Cede. e Be located in a manner consistent with the site development standards of the ROS zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary y the City Manager or designee. 1 III. Section 31-149inti ! District. ( ) Aboveground roun storage tanks. Aboveground storage tanks (AST) are perrni ed as an accessory use only for the purpose of storingfuel for emergency generators. Such ASTs must conform o the following requirements: a. Be of&W 2000 gallonscapacity or less. installed and operated under a valid rmit from the Miami-Dade County Department of Environmental Resources Management. o. Be located within a walled service court area or be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate, Such wall shall be landscaped in accordance with the City's Landscape Code. ASTs located within a service court area must be located atop a curbed reveal and shall be protected from turning and backingtrucks withbollards, d. Be located in a manner consistent with the site development standards of the U zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet, A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be providedif required by the City. ANALYSIS OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS Section 7, Land Development Regulations Standards reviewing pr o 1. The proposed amendment is legally required. The proposed amendmentsare legally required to implement the requested revision to the Code, . The proposed amendment is consistent with the goals and objectives of the Comprehensive Plano The proposed mend ent re consistent with the goals and objectives of the Comprehensive flan. The Comprehensive Plan provides that development and redevelopment of the City shall conform o the standards established in the Land Development Regulations. . The proposed amendment is consistent rith the authority and purpose of the LDRs. 2 The proposed amendments are consistent with the authority and purpose of the Lan Development Regulations. "The ur o e of the LDRs is to implement further the Comprehensive Plan of the City by establishingregulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preservepublic health, safety and welfare and to aid in the harmonious, orderly and progressive development an redevelopment of the City..." The proposed amendments are consistent with this urpoe. The proposed amendments will establish regulations and standardsfor review and provide for necessary updates and clarifications to aid in the harmonious, orderly and progressive development and redevelopment of the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendmentsfurther the orderly development of the City, for the reasons provided in Paragraph 3 above. 5m The proposed amendment i proves the administration or execution of the development process, The proposed amendments improve the administration or execution of the development process in that it provides for an update and clarification of existing Code procedures, regulations and standards and for consistency with applicable statutory standards, 3 ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(J) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura ("City Commission") is desirous of amending the Code of Ordinances ("City Code"), to clarify and to update certain sections of the City Code for consistency with recent changes in legislation, for clarification of Code provisions, for facilitation of development review and to provide regulation for new technology; and WHEREAS, the City Commission desires to reduce minimum floor space and number of seats for the cocktail bar/lounge exemption to the distance and spacing requirements in Chapter 4, Alcoholic Beverages, of the City's Code of Ordinances, to match state regulation; and City of Aventura Ordinance No. 2020- WHEREAS, the City Commission desires to add standards for installation and use of electric vehicle charging stations and spaces in Section 31-171, Off Street Parking, Load and Driveway Standards, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to clarify applicability of conditional uses in Section 31-143, Residential Zoning Districts, Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to clarify the definition of accessory use in Section 31-21, Definitions, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to amend the prohibition on animated signs, add a new prohibited sign and add standards for wall signs for assisted living facilities in Section 31-191, Sign regulations generally, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for definition of and standards for use of artificial turf in Section 31-221, Landscaping requirements, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for increased minimum size of above ground fuel storage tanks for emergency generators in Section 31-147, Community Facilities District, Section 31-148, Recreation/Open Space District and Section 31-149, Utilities District; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. Page 2 of 20 City of Aventura Ordinance No. 2020- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT': Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Section 4-2, Location of Establishments, of Chapter 4, "Alcoholic Beverages" of the City Code of Ordinances, is hereby amended to read as follows: Section 4-2(e), Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) and (b) above shall not apply: (2) Restaurants in 131, 132, TG1, TGO and TG3 Business and Town Center Zoning Districts. To dining rooms or restaurants located in the 131, 132, TG1, TGO --A T1`3 Business and Town Center Zoning Districts and "r^" r4^ ri^+ ,^,i kr%nrnryr-nr" r�® kpleNAR, but which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, irk ^+Har Ai�,;�,� r„nmc ^r rdcfaurants 'r ^ ,cr r"r%re liberal nA AAI[I;rk serve GGeked, fUil GGUrse meals, daily prepared en 4 providing that only a service bar is used and alcoholic beverages are sold only to persons seated at tables. This exemption does not include cafes and/or kiosks that serve light meals, snacks and/or hot and cold beverages. (3) Cocktail lounge-bars in restaurants. To cocktail lounge-bars as an accessory use in restaurants located in the Business and Town Center zoning districts which restaurants contain all necessary equipment and supplies for and serve full course meals regularly, have indoor accommodations for service of 289 150 or more patrons at tables, including indoor bars or counters at which full course meals are available, and occupies more than 488 2.500 square feet of indoor floor space, and provided that alcoholic beverages are served for on- premise consumption only and that the cocktail lounge-bar use will be automatically terminated upon termination of the restaurant use and the hours for the cocktail lounge-bar shall be not extend beyond the permitted hours of operation for the restaurant. Meals shall be available at the cocktail lounge-bar area, but 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 license. Section 3. City Code Amended. Section 31-171, Off Street Parking, Loading and Driveway Standards, of Chapter 31, "Land Development Regulations" is hereby amended to read as follows: Section 31-171 — Off-Street parking and loading standards 'Underlined provisions constitute proposed additions to existing text; stfieke thfettgh provisions indicate proposed deletions from existing text. Page 3 of 20 City of Aventura Ordinance No. 2020- (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off- street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. (6) Size and character of required parking. The following design requirements shall be observed for off-street parking: k. Electric Vehicle Charging Stations and Spaces. To plan for and accommodate the anticipated growth in market demand for electric vehicles, new and existing developments are encouraged, but not required, to install such conduits and electrical and other infrastructure as may be necessary for the installation of electric vehicle charging stations. For the purposes of this section, the following definitions shall apply: fil Electric Vehicle ("EV') means any vehicle_that operates, either_partially orexclusively on electrical enerqy_from an off-board source, is stored on-board bythe_vehicle for motive purposes. Electric Vehicle _("EV' ...charging station means an installation of electrical energy transmission----equipment including...cabinets,...switchgear, charging and/or devices, .... ging....posts.... products and parkingspaces_all_designed to transfer electric energy to_anelectric vehicle. Electric Vehicle ("EV')...charging...space means aparking space...that is continually served...bystationary battery charging equipment that has as its rima gi_ _quip primary purpose the transfer of electric energy_toanelectric vehicle. Charg-ing...levels...means the standardized indicators of electrical...force, o_rvoltage_ at which an electric vehicle's battery is recharged. Typicalelectric vehicle charging levels and specifications are: Level 1: Provides charging through a 1 20voltACpl_ug_and does_notrequ ire installation of additional chargingequipment. Can deliver 2 to 5 miles of range per hour ofcharging. Most often used in homes but sometimes used at workplaces. Level 2- Provides charging--- ging...through a240volt (for...residential)...and...208...volt...(for commercial) plug_and_requires_installation of additional charging equipment. Can deliver 10 to 20 miles of range per of charging. Used i nhomes,_workplaces and_for_public_charging. Level _3 (DCFast Cha[ge):....Provides charging through 480volt_ACinput_and requires highly specialized, high powered equipment as well as special equipment inthe vehicle itself. Page 4 of 20 City of Aventura Ordinance No. 2020- Plug inhybrid vehicles typically do not have fast charging capabilities. Can deliver 60 to 80 miles of range...in...20 minutes ofghargjng.....Used...most often...inpublic charging...stations especially_along heavy_traffic corridors. 00 Electric Vehicle (EV) Charging Station Standards. EV chaL ... ging...stations are permitted in all residential and non-residential...zoning...districts, subjecttowith all of the following regulations: l.-EVcharging stations shall be located within new or existing enclosed...parking...garages or within new or existing surfaceparkingareas. If the charging_station includes Level_3 (DC Fast Charge) equipment, the charging equipment, excluding...the charging and connectors shall be located so that it is not visible from the public...right...ofway or, i_nthe alternative, enclosed and secured in a manner compatible with the site, asapproved by_the City_Manager. 2. EV-chargingstations, other than Level 1 and Level 2wal_l or_pole mounted chargers, shall be located in---parking garages or on surface parking lots with 100 or more Leg ular parking _ spaces, 3. Maximum---height of Level 3 _(DQ...fast charge) q station cabinet shall be 7 feet. charging_ Maximum height_of_Level 3_(DC_fast_charge)_switchgear shall be 5 feet and maximum height of Level 3 (DC fast charge) charge_post shall be 6 feet. 4. No advertising, other than information required...by this Section, ispermitted on charging station signs, cabinets and/or charging station equipment. 5. An EV chargingstation...space may...be counted towards the number of parking...space required pursuant to this Article; however, the maximum number of electric vehicle charging station spaces cannot exceed ten (_10%)_ofthe number ofrequired regular_parking spaces. A maximum of---fifty---(50%)...percent of the electric vehicle charging station aces m .... gingspaces...may b... designed for sole use_by_one manufacturer's electric vehicle. 6. Existing...regular...parking spaces, complying with the standards of this Article, may be converted to EV charging station spaces. 7. Existing regular parking spaces, not_complying_with the standards of this Article, may be converted to EV charging...spaces only when the affected parking...spaces are brought into compliance with the standards of this Article. (iii) Electric Vehicle Charging Station Space Design Standards. Electric vehicle (" V' charging station spaces shall meet the following design standards, i_n addition to the other standards in this Article: Page 5 of 20 City of Aventura Ordinance No. 2020- 1. Each EVchargingstation---space...shall-__beequipped with a sign...designating the space-asan...EV parking space, in...accordance with the Manual on Uniform Traffic Control Devices_fM_UTCD) of the Federal H_i_qhwayAdministration. 2. The charging...post or connector shall contain safetyinformation name or logo...o manufacturer and contact information for the owner of the charging station to allow consumers to- report issues relating to the charging station. 3. All components of the EV charging...station shall be elevated or designed so---that it complies with the provisions of the Florida wilding Code. 4. EV charging stations shall contain a retraction device,_coiled cord, orplace to hang cords and connectors above the ground surface. All such devices, cords and connectors shall be designed_tocomply_with_the provisions of the Florida wilding Code. 5. EV chargi n_q_stations shall be limited to personal use and shall not be used for the purpose of wholesale or retail sales. 6. EV charging...stations shall not interfere with vehicle, bicycle orpedestrian access and circulation, or with required landscaping 7. EV charging stations shall be maintained ingood condition, appearance_and repair. 8. For EVcharging stations installed on surface parking...lots, all cabinets,...switchgear and other transmissionequipmentq ( in other than charging posts or connectors) related to the station _ shall be completely_ enclosed. For EV charging...stations installed in enclosed parking garages, all eguipmentchaL other than or connectors) related to the station shall L_ charging posts have_safety_screens around the equipment. 9. Notwithstanding Subsection _this Article,EVcharging station spaces may have freestanding....wheel stops....in addition to...the....required curbing to...maximize safety...of...the charging space. 10. Administrative Waiver. Where the requirements of this article relate to the improvement or the expansion of an existing vehicular use area and where certain requirements in this Section and in Section 31-221 Landscaping Requirements,.....are considered by the Cit Manager to be either impossible orimpractical to comply with, without reducing the number or size of existing parking spaces and/or the required width of drive aisles, relief from size and width of perimeterand/or interior landscape buffer may begranted bythe Page 6 of 20 City of Aventura Ordinance No. 2020- City Manager or his designee, provided that the intent and purpose of this Section is not compromised. Section 4. City Code Amended. Sections 31-143, Residential Zoning Districts, and Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts, of Chapter 31, "Land Development Regulations" are hereby amended to read as follows- Sec. 31-143. ® Residential Zoning Districts. (b) Residential Single-Family Districts (RSI). The following regulations shall apply to all RS1 Districts. (1) Purpose of district. The RS1 Zoning District is established for one-family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per net acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (q) Single-family Residential Districts (RS2). The following regulations shall apply to all RS2 Districts. (1) Purpose of district. The RS2 Zoning District is established for one-family living environment appropriate to the needs of families on lots of limited size in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (d) Multifamily Medium Density Residential Districts (RMF3). The following regulations shall apply to all RIVIF3 Districts. Page 7 of 20 City of Aventura Ordinance No. 2020- (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All i4L/ses permitted in the CF District, but not-_any use listed as a Conditional use in the CF district. (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RIVIF3A Districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any listed as a Conditional use in the CF district. (t) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RIVIF4 Districts. (I)Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited-service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a.All i4Uses permitted in the RIVIF3 District. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: Page 8 of 20 City of Aventura Ordinance No. 2020- a. All i4Uses permitted in the CF District,--but not any use listed as a Conditional use in the CF district. (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RIVIF313 districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 35 units per gross acre. (3) Conditional uses. The following uses may be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Section 31-144. ® Business Zoning Districts Neighborhood Business (BI) District This district is intended to provide primarily for retail sales and services to a surrounding neighborhood. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. The district is appropriate for location on a collector or an arterial roadway. (2) Conditional use. The following uses may be established if first approved as a conditional use: e. All i4Uses permitted in the CF District,- but-not any use listed as a Conditional use in the CF district. (q) Community Business (B2) District This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community Page 9 of 20 City of Aventura Ordinance No. 2020- and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Any 44Uses permitted in a 131 District subject to the requirements of that district as outlined herein. (2) Conditional use. The following uses if first approved as a conditional use: k. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the QF district. (d) Heavy Business (B3) District This district is intended to provide locations for planned commercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan-, and for a wide range of goods and services to serve a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards, and have direct access to arterial roadways, particularly major arterials. (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: a. Any i4Uses permitted in a 131 or B2 District subject to the requirements of that district as modified herein. (2) Conditional use. The following uses may be established if first approved as a conditional use: f. All i4Uses permitted in the CF District,- but-not any use listed as a Conditional use in the QF district. Page 10 of 20 City of Aventura Ordinance No. 2020- (e) Office Park (OP) District This district is intended to provide for high-quality, semi- professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: (g) All i4Uses permitted in the CF District but not any use listed as a Conditional use in the .CF district. (t) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: h. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Sec. 31-145. - Town Center Zoning Districts. (b)Town Center District(TC1). The following regulations shall apply to all TC1 Districts: (3)Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uUses Permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. b. Those uuses permitted in the B1 District. c. Those 7u Uses permitted in the B1 District with increased floor area. Page 11 of 20 City of Aventura Ordinance No. 2020- m. All i4Uses permitted in the CF District, but-not any use listed as a Conditional use in the CF district. (c) Town Center Marine District (TC2). The following regulations shall apply to all TC2 Districts. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a3hose i4Uses permitted in the RIVIF3 District. b3hose i4Uses permitted in the B1 District. c.Those uUses permitted in the OP District. d.Those uUses permitted in the U District. e3hose uUses_permitted in the ROS District. o. All uUses permitted in the CF District,---but--not--any use listed as a Conditional use in the CF district. (d) Town Center Neighborhood (TC3) District The following regulations shall apply to all TC3 Districts: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uses Pe—r—illed Uses permitted in the B1 District with increased floor area. k. All uUses permitted in the CF District, but not any listed as a Conditional use in the CF district. Section 5. City Code Amended. Section 31-21, Definitions, of Chapter 31, "Land Development Regulations", is hereby amended to read as follows: Page 12 of 20 City of Aventura Ordinance No. 2020- Chapter 31, Article 11, Section 31-21. — Definitions For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. No sign denoting the accessory use shall be exhibited or displayed and no advertisement publ_icizi_n_q or marketing the accessory use separately from the principal use shall be exhibited or displayed, where such sign and/or advertisement is visible from premises which are located_beyond or outside of the principal or accessary use. Section 6. City Code Amended. Section 31-191, Sign regulations generally, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-191, Sign regulations generally (f) Prohibited signs. The following are prohibited: (5) Animated Signs, except a commercial advertising sign, defined in Section 31-193 of this Article, that has been approved by the City through variance. (38) Any sign with an illumination level exceeding 4,000 lumens. (j) Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi- tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: (2) f. Wall sign for business identification for Assisted Living Facilities Wall__si_qnfor business identification. (Permitted only on assisted livin_qfacilities) Page 13 of 20 City of Aventura Ordinance No. 2020- Approvals Sign permit required. necessary: Illumination & Reverse or channel letter sign only. Type: Number One wall sign per building for signs located 1 to 5 stories high. Corner or (maximum): through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Two wall signs per building for signs located 6 to 20 stories high, with one wall sign only per building elevation. Sign area One square foot for each one lineal foot of building frontage for signs (maximum): located1 to 5 stories high. One and one-half square foot for each one lineal foot of building frontage for signs located 6 to 10 stories high. One and three-quarters square foot for each one lineal foot of building frontage for signs located 11 to 15 stories high. Two square feet for each one lineal foot of building frontage for signs located 16 to 20 stories high. Location: No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. Section 7. City Code Amended. Section 31-221, Landscaping requirements, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: Section 31-221 — Landscaping requirements Page 14 of 20 City of Aventura Ordinance No. 2020- (d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Artificial turf. a surface of synthetic fibers made to look like natural grass and emulate the texture and feel of natural grass Landscaping material.- Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf--in---areas--permitted bythis Section, shrubs, vines, hedges, trees, palms and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Lawn area: An area planted with lawn grasses or artificial turf in areas permitted by this section. (h) (2) Other plant material specifications. b. Ground covers- May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawn grass- Shall be St. Augustine 'Floratam' solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn shall be solid sodded for immediate effect. d. Plant Quality- Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. e. Mulch- All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimum three-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines- Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. g Artificial Turf: May be used as a playin_q surface for public and private sports recreation fields, roadway medians in areas of flooding and drainage concerns, playgrounds, rooftop o above ground terraces and pool_ decks in residential and non-residential development when such turf material is certified by the manufacturer in a manner acceptable to the City as permeable, bacteria- and heat-resistant and has backing made of non-toxic materials such Page 15 of 20 City of Aventura Ordinance No. 2020- that it may be disposed of in a _regular landfill site at the end of its lifecycle. A turf base includ_i_n_qsand is encouraged tosupport same soil habitat and increase drainage. (i) Maintenance. (1) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous, neat, and orderly appearance, clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, artificial turf that is damaged or beyond its lifecycle, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura. Section 8. City Code Amended. Section 31-147, Community Facilities District, Section 31-148, Recreation/OpenSpace Zoning District, and Section 31-149, Utilities Zoning District, Chapter 31 "Land Development Regulations" of the Code of Ordinances are hereby amended to read as follows: Section 31-147 — Community Facilities Zoning District. (2) Conditional use. The following uses if first approved as a conditional use: g. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of-5-50 2000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the CF zoning district. Page 16 of 20 City of Aventura Ordinance No. 2020- 5. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 31-148 -Recreation/Open Space Zoning District. (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of-5-50 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the ROS zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 31-149 — Utilities Zoning District. (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. Such ASTs must conform to the following requirements: a. Be of-5-50 2000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be located within a walled service court area or be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. ASTs located within a service court area must be Page 17 of 20 City of Aventura Ordinance No. 2020- located atop a curbed reveal and shall be protected from turning and backing trucks with bollards. d. Be located in a manner consistent with the site development standards of the U zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City. Section 9. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 10. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 11. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 18 of 20 City of Aventura Ordinance No. 2020- The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman PASSED on first reading this 6t" day of April, 2020. PASSED AND ADOPTED on second reading this 5t" day of May, 2020. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK Page 19 of 20 City of Aventura Ordinance No. 2020- APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2020. Page 20 of 20 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Finance Director DATE: March 6, 2020 SUBJECT: Mid-Year Ordinance Amending 2019/20 Budget 1st Reading March 10, 2020 City Commission Meeting Agenda Item 7 2"d Reading April 6, 2020 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2019/20 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget at mid-year to: • recognize actual fund balance amounts carried over based on the prior year's audit and to; • re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2019 to the 2019/20 budget was also addressed in my memorandum dated March 5, 2020 which will accompany the Commission's electronic package containing the Comprehensive Annual Financial Report. • In addition, there are a couple of "Other Items" that were not considered in the originally adopted FY 2019/20 Budget that need to be addressed through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent Budget Amendment Schedule. 1 GENERAL FUND (001) Revenues and Expenditures— a net decrease of$841 respectively. 1. To re-appropriate the Aventura Founders Park remaining balance of $109,052 (at September 30, 2019) for tennis court enhancements that were not completed by the end of FY 2018/19. This additional cost will be offset by a corresponding reduction to the Capital Reserve in the amount of$109,052. 2. To appropriate $267,261 worth of additional funding to replace the Government Center Roof which was originally scheduled to be replaced in FY 2020/21. This additional cost will be offset by a corresponding reduction to the Capital Reserve in the amount of$267,261. Background As you may recall, the Government Center Roof has been experiencing small leaks over the past few years, resulting in our Public Works/Transportation Department doing emergency repairs on an as-needed basis. On October 29, 2019 the City received an Engineering Report from Garland/DBS, Inc. ("Garland") that essentially recommended that a new skin ("skin process") be placed on the roof sooner than later as the existing roof's condition was quickly deteriorating. The skin process comes with a 10-year warranty and prevents the City from incurring a cost of more than $400,000 for a complete re-roof. The skin process is a viable option at this time, as the roof's base is still dry and undamaged. On January 16, 2020, due to the circumstances outlined above and in order to ensure that the Government Center facility would be ready for the upcoming rainy season, the City Manager declared this condition an emergency and authorized staff to issue a Purchase Order to Garland for the new skin process. The City was able to piggyback this purchase from Garland as they participate in the Master Intergovernmental Cooperative ("MICPA") with Cobb County, GA and Omnia Partners/U.S. Communities—Contract#MICPA#14-5903. 3. To (decrease) the net Non Departmental/Transfers from the General Fund to the debt service funds by ($841) as follows: a. Fund 230— ($308) b. Fund 250— ($533) This amendment allows the City to recognize and utilize actual fund balances from the two-related debt service funds based on the prior year's audit as described below. This reduction in expenditures will be offset by a corresponding decrease in Carryover (3999000). 2 SPECIAL REVENUE FUNDS POLICE EDUCATION FUND (110) Revenues and Expenditures— a net increase of$7,596 respectively To recognize and re-appropriate additional Carryover in the amount of$7,596 based on the prior year's audit and in order to provide for additional Training. TRANSPORTATION AND STREET MAINTENANCE FUND (120) Revenues and Expenditures— a net increase of$4,494,871, respectively To recognize and re-appropriate additional Carryover in the amount of $4,494,871 to fund the two (2) projects below that were not completed by the end of FY 2018/19 and to adjust the Capital Reserve budgeted line item. 1. To re-appropriate $266,019 for Road Resurfacing projects budgeted in FY 2018/19 (i.e., NE 187th Street and NE 185th Street Milling & Resurfacing) that were in process at September 30, 2019. 2. To re-appropriate $178,286 for Transportation System Improvement projects budgeted in FY 2018/19 (i.e., Crosswalk Solar Lighting and Flashing Pedestrian Signs at Porta Vita and other locations) that were in process at September 30, 2019. 3. To increase the Capital Reserve budgeted line item by a net amount of $4,050,566 in order to adjust it as a result of the post-audit budget amendments described above. 911 FUND (180) Revenues and Expenditures— a net increase of$20,150 respectively To recognize and re-appropriate additional Carryover in the amount of $20,150 based on the prior year's audit in order to provide for additional capital reserve. DEBT SERVICES FUNDS DEBT SERVICE FUND SERIES 2010 & 2011 (230) (Revenue Reclassification of$308—net effect is $0) To recognize and re-appropriate a Carryover in the amount of $308 based on the prior year's audit and to simultaneously reduce the transfer from the General Fund by $308 for a net effect of$0. DEBT SERVICE FUND SERIES 2012 (A) CHARTER SCHOOL LAND ACQUISITION (250) (Revenue Reclassification of$533—net effect is $0) To recognize and re-appropriate a Carryover in the amount of $533 based on the prior year's audit and to simultaneously reduce the transfer from the General Fund by $533 for a net effect of$0. 3 CAPITAL PROJECTS FUND (392) Revenues and Expenditures— a net increase of$151,599 respectively To recognize and re-appropriate additional carryover funds to fund the items below. Additional Carryover: • Police—$137,722 • Community Services—$2,982 • Public Works/Transportation —$10,895 (traffic flow improvement project) Additional Capital Reserve: • Police—$137,722 • Community Services—$2,982 • Public Works/Transportation —$10,895 (traffic flow improvement project) AVENTURA CHARTER SCHOOL CONSTRUCTION FUND (393) Revenues and Expenditures— a net increase of$191,303 respectively To recognize and re-appropriate additional investment income to fund future construction- related expenditures. Additional Funding: • Investment Income— $191,303 (interest earned in FY 2018/19). Facility/Building Construction: • To allocate new funding to cover additional costs that are currently required (i.e., Professional Design Services for DSAHS Locker Room Construction as discussed at the February 20, 2020 Commission Workshop — $49,050). • The probable cost provided by the consultant for the construction of the locker rooms is $338,000. Only a portion of this cost would be covered by this additional revenue.* *The City will soon be in the process of preparing the final close-out of the Construction Contract to Kaufmann Lynn for the DSAHS. Any additional monies that may be required to fund any remaining items (i.e., supplemental construction cost of locker rooms) will be addressed in the End of Year Budget Amendment. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 4 ORDINANCE NO. 2020- _ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2019/2020 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2019-14, which Ordinance adopted a budget for the 2019/2020 fiscal year, by revising the 2019/2020 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2020- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2019. The foregoing Ordinance was offered by Commissioner Mezrahi, who moved its adoption on first reading. This motion was seconded by Vice Mayor Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2020- PASSED on first reading this 10th day of March, 2020. PASSED AND ADOPTED on second reading this 6th day of April, 2020. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2019/20 Budget Amendments GENERAL FUND(001) 2019/20 2019/20 2019/20 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 15,310,062 $ (841) $ 15,309,221 SUBTOTAL $ 15,310,062 $ (841) $ 15,309,221 Total Amendments-Revenues $ (841) Expenditures Capital Outlay/Community Services(8050-572) 6310 Aventura Founders Park $ 103,000 $ 109,052 $ 212,052 SUBTOTAL $ 103,000 $ 109,052 $ 212,052 Capital Outlay/Public Works/Transportation(8054-539) 6421 Government Center Improvements $ 13,500 $ 267,261 $ 280,761 SUBTOTAL $ 13,500 $ 267,261 $ 280,761 Non Departmental/Transfers(9001-581) 9123 Transfer to Debt Service Fund-2010/11 1,196,429 (308) 1,196,121 9125 Transfer to Debt Service Fund-2012(A) 365,606 (533) 365,073 SUBTOTAL $ 1,562,035 $ (841) $ 1,561,194 Non Departmental/Capital Outlay(8090-590) 6999 Capital Reserve 14,772,304 (376,313) 14,395,991 SUBTOTAL $ 14,772,304 $ (376,313) $ 14,395,991 Total Amendments-Expenditures $ (841) Page 1 of 4 Exhibit A POLICE EDUCATION FUND(110) IF 2019/20 2019/20 2019/20 OBJECT ADOPTED AMENDED REVISED _, ,,,misiiiiiiimw BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ - $ 7,596 $ 7,596 SUBTOTAL $ - $ 7,596 $ 7,596 Total Amendments-Revenues $ 7,596 Expenditures Public Safety(2001-521) 5450 Training $ 5,500 $ 7,596 $ 13,096 SUBTOTAL $ 5,500 $ 7,596 $ 13,096 Total Amendments-Expenditures $ 7,596 TRANSPORTATION AND STREET MAINTENANCE FUND(120) 2019/20 2019/20 2019/20 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY v BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 1,607,674 $ 4,494,871 $ 6,102,545 SUBTOTAL $ 1,607,674 $ 4,494,871 $ 6,102,545 Total Amendments-Revenues $ 4,494,871 Expenditures Public Works/Transportation-54-541 6305 Road Resurfacing $ 328,400 $ 266,019 $ 594,419 6341 Transportation System Improv. 375,000 178,286 553,286 6999 Capital Reserve 1,195,000 4,050,566 5,245,566 SUBTOTAL $ 1,898,400 $ 4,494,871 $ 6,393,271 Total Amendments-Expenditures $ 4,494,871 911 FUND(180) --- 2019/20 2019/20 2019/20 OBJECTADOPTED AMENDED REVISED CODE CATEGOR BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 4,970 $ 20,150 $ 25,120 SUBTOTAL $ 4,970 $ 20,150 $ 25,120 Total Amendments-Revenues $ 20,150 Expenditures Public Safety(2001-521) 6999 Capital Reserve $ - $ 20,150 $ 20,150 SUBTOTAL $ - $ 20,150 $ 20,150 Total Amendments-Expenditures $ 20,150 Page 2 of 4 Exhibit A DEBT SERVICE FUND SERIES 2010&2011 (230) 2019/20 2019/20 2019/20 OBJECT.;, .._. ADOPTED AMENDED REVISED ..� ..a„ .. . .., ,:111111i .. �� .... _._. BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 1,196,429 $ (308) $ 1,196,121 3999000 Carryover - 308 308 SUBTOTAL $ 1,196,429 $ - $ 1,196,429 Total Amendments-Revenues $ - DEBT SERVICE FUND SERIES 2012(A)CHARTER SCHOOL LAND ACQUISITION (250) r °2019/20 2019/20 2019/20 OBJECT ., _,_, ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 365,606 $ (533) $ 365,073 3999000 Carryover - 533 533 SUBTOTAL $ 365,606 $ - $ 365,606 Total Amendments-Revenues $ - Page 3 of 4 I Exhibit A CAPITAL PROJECTS FUND(392) 2019/20 2019/20 2019/20 OBJECT ADOPTED AMENDED REVISED alliMiliWATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover-Police $ 62,420 $ 137,722 $ 200,142 3999000 Carryover-Community Services 913 2,982 3,895 3999000 Carryover-Public Works/Transportation 650,000 10,895 660,895 SUBTOTAL $ 713,333 $ 151,599 $ 864,932 Total Amendments-Revenues $ 151,599 Expenditures Police(2001-521) 6999 Capital Reserve-Police $ - $ 137,722 $ 137,722 Community Services(5001-572) 6999 Capital Reserve-Community Services 913 2,982 3,895 Public Works/Transportation(5401-541) 6999 Capital Reserve-Public Works/Transportation 650,000 10,895 660,895 SUBTOTAL $ 650,913 $ 151,599 $ 802,512 Total Amendments-Expenditures $ 151,599 AVENTURA CHARTER SCHOOL CONSTRUCTION FUND(393) 2019/20 '2019/20 2019/20 OBJECT ADOPTED MENDED REVISED CODE CATEGORY _, BUDGET AMOUNT BUDGET Revenues Non-Revenue 3661501 Miscellaneous Contibutions $ 606,224 $ 191,303 $ 797,527 SUBTOTAL $ 606,224 $ 191,303 $ 797,527 Total Amendments-Revenues $ 191,303 Expenditures Charter School Capital Outlay(6010-561) 6208 Facility/Building Construction $ 606,224 $ 191,303 $ 797,527 SUBTOTAL $ 606,224 $ 191,303 $ 797,527 Total Amendments-Expenditures $ 191,303 Page 4 of 4