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06-01-2021 Regular Commission Meeting Agenda
City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor ��� Dr.Linda Marks,Vice Mayor �:!_ =�:;\ City Clerk Jonathan Evans,Commissioner Elllisa L.Horvath,MMC Rachel S.Friedland,Commissioner i Denise Landman,Commissioner City Attorney Marc Narotsky,Commissioner G Weiss Scrota Hellman Robert Shelley,Commissioner e�✓ Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA JUNE 19 2021 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Florida League of Cities and Florida League of Mayors Presentation to If I Were Mayor Third Place Contest Winner • Florida League of Cities Recognition of 2021 Council2College Scholarship Recipient • Legislative Session Update — State Representative Joseph Geller • Youth Advisory Board Presentation on Trader Joe's Project • Aventura City of Excellence School Update - Principal Tyrkala • Don Soffer Aventura High School Update - Principal McKee 5. CONSENT AGEN DA: 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: • May 4, 2021 City Commission Regular Meeting • May 20, 2021 City Commission Regular Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF THE FIFTH MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda June 1, 2021 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR WATERWAYS PARK IMPROVEMENTS;AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING STAFF'S RECOMMENDATION OF DEBRIS TECH, LLC AS THE CITY OF AVENTURA'S DISASTER DEBRIS MONITORING SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $42,000.00 FOR SECURITY UPGRADES TO POLICE VEHICLES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. F. 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. 6. ZONING HEARING - QUASI-JUDICIAL PUBLIC HEARING: Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available after the applicant and staff have made their presentations on the 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. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ARCADE IN THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD, TENANT SPACE 431; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCE - FIRST READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,CREATING ARTICLE IX, "FERTILIZER USE," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO THE REGULATION OF FERTILIZER APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda June 1, 2021 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-04, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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. B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-05, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES WITH DENSITY NOT EXCEEDING 57 DWELLING UNITS PER ACRE IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE USE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE",AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND Page 3 of 4 Aventura City Commission Regular Meeting Agenda June 1, 2021 CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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 other location as designated on the applicable agenda.Please monitor the City's website for any procedural changes necessitated by the COVID-19 emergency. COMMISSION REGULAR WORKSHOP/SPECIAL COMMISSION MEETING—JUNE 17,2021 AT 9 AM COMMISSION REGULAR MEETING—JULY 13,2021 AT 6 PM COMMISSION REGULAR WORKSHOP—JULY 22,2021 Following 9 AM Charter Schools Governing Board Meetings 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 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. 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 are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: May 28, 2021 SUBJECT: Approval of Minutes June 1, 2021 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in May 2021. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • May 4, 2021 City Commission Regular Meeting • May 20, 2021 City Commission Regular Workshop Meeting Should you have any questions, please contact me. /elh attachments • � �c a AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MAY 4, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.03 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky', 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 Ethan Bazak. 3. ELECTION OF VICE MAYOR: A nomination was made by Commissioner Shelley and seconded by Commissioner Landman to elect Commissioner Dr. Marks to serve as Vice Mayor for the next six months. There were no other nominations. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Commissioner Dr. Marks was unanimously approved by roll call vote, to serve as Vice Mayor for the next six months. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Proclamation for Aventura Hospital & Medical Center Day: Mayor Weisman, accompanied by the City Commission, presented representatives from the hospital, with a proclamation recognizing May 4, 2021 as Aventura Hospital & Medical Center Day. • Proclamation for National Public Works Week: Mayor Weisman, accompanied by the City Commission, presented Joseph Kroll, Public Works & Transportation Director, with a proclamation recognizing May 16-22, 2021 as National Public Works Week. 1 Commissioner Narotsky participated virtually via video conferencing. Aventura City Commission Regular Meeting Minutes May 4,2021 • Employee Recognition Certificates: Mr. Wasson presented Indra Sarju, Purchasing Agent, with a recognition certificate and a token of appreciation for the completion of 15 years of service with the City. • Youth Advisory Board Update on Trader Joe's Project: Youth Advisory Board Chair Gabriela Sartan provided a brief update outlining the Board's progress on the project. Mayor Weisman recognized the members of the Board in attendance. • Aventura City of Excellence School Update from Principal Tyrkala: Principal Anthony Tyrkala provided a video and brief report on ACES. • Don Soffer Aventura High School Update from Principal McKnight: No report was provided as Principal McKnight was not in attendance. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Friedland, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • April 6, 2021 City Commission Regular Meeting • April 15, 2021 City Commission Regular Workshop Meeting B. Resolution No. 2021-25 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. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $11,500.00 FOR SECURITY UPGRADES TO THE AVENTURA GOVERNMENT CENTER FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Resolution No. 2021-26 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE APRIL 27, 2021 MUNICIPAL SPECIAL MAIL. BALLOT ELECTION, AS Page 2 of 7 Aventura City Commission Regular Meeting Minutes May 4,2021 CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed and entered the quasi-judicial procedures into the record. Mrs. Horvath administered the oath to all those wishing to offer testimony on the items. ORDINANCE/SECOND READING: Mr. Wolpin read the following Ordinance title and incorporated the staff report, testimony and documents provided at the April 6, 2021 Local Planning Agency Meeting and Commission Meeting into the record by reference: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP,OFFICE PARK DISTRICT TO B2,COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Landman. Community Development Director Keven Klopp provided brief comments. The following provided testimony on behalf of the Applicant (Centtral Aventura LLC): Alan Rosenthal, Esq. — Rosenthal Rosenthal Rasco (20900 N.E. 30th Avenue#600, Aventura). Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-04 was adopted. RESOLUTION: Mr. Wolpin read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE REQUEST, BY MEDICAL DISTRICT DEVELOPMENTS LLC, TO MODIFY RESOLUTION NO. 2020-09 TO AMEND SECTION 3. OF THE RESOLUTION TO INCREASE THE FLOOR AREA RATIO FROM 1.99 TO 2.0,TO AMEND SECTION 7.TO ADD CONDITION OF APPROVAL 3A. TO PROVIDE FOR ROAD CONSTRUCTION AND ALTERNATE ACCESS AND TO DELETE CONDITION OF APPROVAL 5.(HI),ALL FOR THE DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR RECORDATION;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Page 3 of 7 Aventura City Commission Regular Meeting Minutes May 4, 2021 Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the requested revisions, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Medical District Developments, LLC): Michael J. Marrero, Esq. - Bercow Radell Fernandez Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami). The Commission discussed the construction of the 21411 road extension and alternate access to the northerly driveway to the 1212 Aventura development. Mr. Wolpin will provide language to be added to the resolution clarifying the definition of the word "immediately" as it pertains to the Letter of Credit. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution with the clarified language passed unanimously, by roll call vote, and Resolution No. 2021-27 was adopted. 8. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-04, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2020/2021 (JCTLY 1 — J[JNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Shelley. Mr. Wasson explained the budget amendments totaling $314,694, as outlined in the agenda. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. Page 4 of 7 Aventura City Commission Regular Meeting Minutes May 4,2021 Mr. Wolpin read the following Ordinance title- B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-05, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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. A motion for approval of the Ordinance was offered by Commissioner Landman and seconded by Commissioner Friedland. Mr. Wasson explained the budget amendments totaling $428,168, as outlined in the agenda. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2021/2022 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Vice Mayor Dr. Marks. Mr. Wasson reviewed highlights of the proposed budget totaling $10,558,599. Page 5 of 7 Aventura City Commission Regular Meeting Minutes May 4, 2021 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-05 was adopted. Mr. Wolpin read the following Ordinance title: B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2021/2022 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION;PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Evans. Mr. Wasson reviewed highlights of the proposed budget totaling $5,915,678. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-06 was adopted. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Mr. Wasson recognized Brian Raducci, Assistant City Manager — Administration and Finance, for his work on the budgets. Commissioner Shelley discussed the impact on traffic due to the Miami-Dade County Water and Sewer Department (WASD) Project along Island Boulevard and N.E. 183 Street. Mr. Wasson will invite Commissioner Sally Heyman to attend the May Commission Workshop to address the concerns raised. Commissioner Landman reported on the upcoming car parade for graduating high school seniors residing in Aventura on May 19th Page 6 of 7 Aventura City Commission Regular Meeting Minutes May 4, 2021 Vice Mayor Dr. Marks recognized the day as being National Teacher Appreciation Day and thanked all of the teachers in the City as well as those throughout the nation for their daily efforts. 12. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Resident (2851 N.E. 183 Street), Michael Stern (20730 N.E. 30 Place, Aventura), Howard Weinberg (3370 N.E. 190 Street, Aventura), and Ethan Bazak (Aventura). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 7.34 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 1 , 2021 . Page 7 of 7 • t AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES MAY 20, 2021 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 The meeting was held in the Commission Chamber at Aventura Government Center. 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:03 a.m. The following were present: Mayor Enid Weisman', Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland2, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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. Update: Upgrade of Water and Sewer Infrastructure Along Island Boulevard and N.E. 183 Street (City Manager): Mr. Wasson introduced the representatives from the project in attendance to provide the update. Hardeep Anand - WASD Deputy Director and Bernardo Favole - Public Involvement and Outreach (EV Services, Inc. on behalf of Pabon Engineering) reviewed a PowerPoint presentation covering the following items: WASD at a Glance, Project Overview, Project Construction Key Facts, Project Timeline, Project Map, Project Construction Progress & Communications, and Project Feedback & Concerns. Alex Valdes - WASD Construction Manager, Alex Regalado - Project Manager (Pabon Engineering), and Anibal Pabon - President (Pabon Engineering) responded to questions regarding the project. Mr. Wasson reported that meetings were held regularly with the project team along with the Aventura Police Department to mitigate the traffic. The Commission discussed increasing the number of hours and workers, as well as additional police presence during peak hours. Mr. Wasson recognized the attendance of Alexis Moseley (Miami-Dade County Commissioner Sally Heyman's office) at the meeting, who would report back to Commissioner Heyman on the discussion. 1 Participated via video conferencing. 2 Arrived during the Update on the Water and Sewer Infrastructure Item. Aventura City Commission Regular Workshop Meeting Minutes—May 20, 2021 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to have a discussion with the Miami-Dade County WASD Director regarding the Commission's request to increase the work hours and number of construction workers in order to expedite the project. 3. Discussion: Rescheduling Commission Meeting Date from July 7th to July 14th (Mayor Weisman): Mayor Weisman requested that the July Commission Meeting be rescheduled from July 7th to July 14th, due to the July 4th holiday. The Commission discussed scheduling the meeting for Tuesday, July 13th, instead of Wednesday, July 14cn City Manager Summary: It was the consensus of the City Commission to reschedule the July Commission Meeting to Tuesday, July 13, 2021 . 4. Discussion: Responsibilities of the Community Services Advisory Board (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks requested that the involvement of the members of the Board be increased and their talents be utilized more. Mr. Wasson discussed the decreased number of City events due to the COVID-19 pandemic, which were now slowly being increased, and anticipated that members would have more responsibilities in the coming months. The Commission discussed the possibility of coming up with projects for the boards, as well as asking the members for input of their visions. City Manager Summary: It was the consensus of the City Commission for the members to be utilized more as the events increased. The following additional items were discussed: Mr. Wasson discussed an upcoming Brightline station update, July 4th fireworks, adding water misting features for the playgrounds/parks for cooling purposes, and amending the high school charter to include children of active military to correspond with federal law. Vice Mayor Dr. Marks provided an update on the recent Commission Liaison meetings regarding curriculum and requested confirmation for that work to continue and to also include ACES (Aventura City of Excellence School) for alignment with DSAHS (Don Soffer Aventura High School). It was stipulated that the models for the two schools would not change and any alignment would be strictly focused on the curriculum. Members of the Commission expressed that only curriculum should be discussed at the Commission Liaison meetings and anything outside of that should be discussed at Commission Meetings. Mr. Wolpin reviewed the original appointment of the Commission Liaison members with regards to the curriculum and construction of the Don Soffer Aventura High School. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—May 20, 2021 The concept of formalizing the Commission Liaisons was discussed, without any action taken. 5. Adjournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 10.21 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 1, 2021. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: May 28, 2021 SUBJECT: Resolution Providing for the Appointment by the City Commission of the Fifth Member to the Board of Trustees of The Police Officers' Retirement Plan June 1, 2021 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following individual to serve as the fifth member to the Board of Trustees of the Police Officers' Retirement Plan, as provided by the Trustees: Laurence A. Herrup. Pursuant to Code Section 36-23, "A fifth member of the Board shall be chosen by a majority of the other four Trustees, and such person's name shall be submitted to the City Commission for appointment. The City Commission shall appoint the fifth member selected by the other four Trustees as a ministerial duty." If you have any questions, please feel free to contact me. RJW/act Attachment CCO1980-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF THE FIFTH MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement Plan; and WHEREAS, in accordance with the provisions of Section 36-23 of the City Code of Ordinances, the fifth member of the Board of Trustees of the Police Officers' Retirement Plan shall be appointed by the City Commission from a recommendation of the current members of the Board of Trustees; and WHEREAS, the Board of Trustees has made recommendation to the City Commission and the City Commission wishes to provide for the appointment of the fifth member to the Police Officers' Retirement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby appoints Laurence A. Herrup to serve as a member of the Board of Trustees of the City of Aventura Police Officers' Retirement Plan for a four-year term, commencing on September 16, 2019. Section 2. This Resolution shall become effective immediately upon its adoption, and shall be applied retroactively in accordance with Section 1 above. . 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 1st day of June, 2021. 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 MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager DATE: May 28, 2021 SUBJECT: 2019-2020 Land and Water Conservation Fund (LWCF) Grant Agreement -Waterways Park June 1, 2021 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to enter into the attached State/ Local LWCF Grant Agreement with the State of Florida Department of Environmental Protection in order to accept the grant disbursement in the amount of$400,000. The grant will be applied for the renovation of the football field, picnic shelter and installation of new landscaping at Waterways Park. BACKGROUND The City submitted a project application, as recommended on the 2019-2020 LWCF Priority List. The City's application was approved and signed off by the State of Florida Department of Environmental Protection and also by the National Park Service's (NPS) staff. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1979-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR WATERWAYS PARK IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection (the "FDEP") has notified the City of a Four Hundred Thousand ($400,000) Dollar grant (the "Grant") awarded to the City of Aventura (the "City") for Waterways Park improvements, as described in the Memorandum which accompanies this Resolution (the "Project"); and WHEREAS, the City Commission desires to accept the Grant and to allocate funds for the Grant expenditures; and WHEREAS, the City Commission desires to authorize the City Manager to execute the Grant Agreement for the receipt of the Grant on behalf of the City (the "Grant Agreement") and all related documents which are required by the Grant Agreement, as attached hereto and referenced therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Grant Accepted. That the City Commission hereby accepts the Grant as awarded by the FDEP for the Project. City of Aventura Resolution No. 2021- Section 3. Agreement Execution Authorized. That the City Manager is hereby authorized to execute the Grant Agreement with the FDEP for the acceptance of the Grant and any related documents, in a form approved by the City Attorney. Section 4. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement the Grant Agreement and the purposes of this Resolution. Section 5. Effective Date. That 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this 1stday of June, 2021. Page 2 of 3 City of Aventura Resolution No. 2021- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 May 4,2021 2019-2020 Land and Water Conservation Fund(LWCF) Awardees: We are writing to inform you that your project application,as recommended on the 2019-2020 LWCF Priority List,was approved and signed off on by the Department's Deputy Secretary,Emile D,Hamilton. Please find a copy attached for reference.Your application was also accepted and approved by the National Park Service's (NPS) staff. Attached for your internal review is the original State/Local LWCF Grant Agreement. Following your assessment,if you find this document to be in order,please print sign and date both documents and return them to the grant manager listed below: ➢ Tamika Bass Tam ika.Bass@)Florida DEP.aov ➢ Along with the above,you must as complete and remit the following: 1. Certification of Insurance Form. 2. Proof of current/valid insurance for this project. 3. Federal Funding,Accountability and Transparency Act Form(DEP 55-230 Note:Make sure that the DUNS number is 9 digits,provide the zip code+ 4 digits, the CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#) is:15.916,provide a brief description of the project, answer all questions,and remember to siM give a title, and date the Form. If you have any questions regarding the FFATA Form,please contact DEP's Procurement Administrator at 850-245-2361 for assistance. The partially signed agreement,along with attached documents must be forwarded back as soon as possible,via email but no later (30)thirty days from this notice (COB June 16, 2021). The Department will fully execute the agreement and an original will be mailed to you for file record. Tamika Bass, Community Assistance Consultant ,O.y�►Af,r, Florida Department of Environmental Protection o :o Division of State Lands Land and Recreation Grants Section o FRDAP&LWCF Grant Programs °oti oti Tamika.Bass@FloridaDEP.gov Office: 850-245-3181 Personal Cellphone Teleworking: 850/251-7402 p O O O O O O O O O O O O O O O O O O O O p d O O O O O O O d O O O O O O O O O O O U' co (� l0 c0 fC c0 cD tC cD c0 c0 cp fG c0 tC c0 c0 n ao Z ? Z ? 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(Q s ' 0 1 y H o w `o > a cLi f0 w Z_ o 4) U = zz F- U V F- m a, U w E o m > SOT U U V c 0 o,+ orF ar, FNv.� QQ us g Q u m U oZ o a) o . o n E - o O mv a m m U. dY a O � c a _•Em 'ao am >a o > ZE 0 O wy w O Q z > z U q W 04 a 4 ¢ N M v ,O Co n Co O) :t t2 N Florida Department of Environmental Protection CERTIFICATION OF INSURANCE FORM . Required Signatures: Adobe Signature PROOF OF INSURANCE PROVIDED Grantee: City of Aventura Project Title: Waterways Park Project Number: L W720 I Ronald J. Wasson REPRESENTITIVE FOR(city/county district) City of Aventura HEREBY CERTIFY THAT I HAVE ATTACHED PROOF OF GENERAL LIABILITY INSURANCE THAT IS CURRENT, IN GOOD STANDING AND SHALL REMAIN IN EFFECT THROUGH THE DURATION OF THIS FLORIDA RECREATION DEVELOPMENT ASSISTANCE(FRDAP) GRANT PERIOD. Signature: Date: - OR- SELF-CERTIFIED ACKNOWLEDGEMENT Grantee: Project Title: Project Number: I REPRESENTITIVE FOR(city/county district) HEREBY CERTIFY THAT THE(city/county district) IS SELF INSURED AND THIS COVERAGE SHALL LAST THROUGH THE DURATION OF THIS FLORIDA RECREATION DEVELOPMENT ASSISTANCE(FRDAP) GRANT PREIOD. Signature: Date: DRP-127(Effective 09-03-2015) Page 1 of 1 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 5/14/21 FLORIDA DEPARTMENT OF Florida League of Cities,Inc. ENVIRONMENTAL PROTECTION Department of Insurance Services P.O.Box 538135 3900 COMMONWEALTH BLVD. Orlando,Florida 32853-8135 TALLAHASSEE,FL 32399-3000 COVERAGES THIS IS TO CERT7FY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0783 COVERAGE PERIOD: FROM 1011/20 COVERAGE PERIOD: TO 1011121 12:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability ❑X Buildings n Miscellaneous ® X Comprehensive General Liability,Bodily Injury,Properly Damage, ❑ Basic Form Inland Marine ❑ Personal Injury and Advertising Injury Special® S l F ® Electronic Data Processing © Errors and Omissions Liability Q Personal Property ® Bond © Employment Practices Liability ❑ Basic Form ® Employee Benefits Program Administration Liability ® Special Form © Medical Attendants'/Medical Directors'Malpractice Liability ❑ Age Amount © Broad Form Property Damage © Deductible $500 ® Law Enforcement Liability © Coinsurance 100% ® Underground,Explosion&Collapse Hazard ❑ Blanket Limits of Liability Q Specific •Combined Single Limit © Replacement Cost Deductible N/A Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ® All owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION ® All owned Autos(Other than Private Passenger) ® Statutory Workers'Compensation ❑X Hired Autos ® Employers Liability $1,000,000 Each Accident 0 Non-Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A •Combined Single Limit ❑ SIR Deductible N/A Deductible N/A Automobile/Equipment-Deductible Q Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto Per Schedule-Miscellaneous Equipment Other •The limit of liability is$200,000 Bodily Injury and/or Property Damage per person or$300,000 Bodily Injury and/or Property Damage per occurrence.These specific limits of liability are increased hD f5,000,DD0(combined single limit)per occurrence,solely for any liability resulting from entry of a claims bill pursuant hD Section 768.28(51 Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Ve hkies/Special Items RE:Division of State Lands,Land and Recreation Grants Section,FRDAP&LWCF Grant Programs THIS CERTIFICATE 15ISSlED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED W THE AGREEMENT ABOVE Designated Member Cancellations City of Aventura SHOULD ANY PART OF THE ABDVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE 19200 West Country Club Drive CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY PaND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES. Aventura FL 33180 AUTHORIZED REPRESENTATIVE ill) cP otPAR,M' FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 - o Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient 4 *o~MFN7�1 P`o t� Purpose:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006.The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision.The FFATA legislation requires information on federal awards(federal assistance and expenditures) be made available to the public via a single,searchable website,which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS)is the reporting tool the Florida Department of Environmental Protection ("DEP")must use to capture and report subaward and executive compensation data regarding first-tier subawards that obligate$30,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). (Note:This reporting requirement is not applicable for the procurement of property and services obtained by the DEP through a Vendor relationship.Refer to 2 CFR Ch.1 Part 170 Appendix A,Section I.c.3 for the definition of"subaward".] Organization and Project Information:As of October 1, 2015,the following information must be provided to the DEP prior to the DEP's issuance of a subaward(Agreement)that obligates$30,000 or more in federal funds as described above. Please provide the following information and return the signed form to DEP as requested. If you have any questions, please contact the DEP's Bureau of General Services,Monitoring and Compliance Unit(MAC) at email MAC Adm@dep.state.fl.us or at telephone number 850/245-2361 for assistance. DUNS#: 110889607 (DUNS#must be nine(9)digits not including dashes.)* Federal Award ID Number(FAIN#): P20AP00462 Catalog of Federal Domestic Assistance(CFDA)#:15.916 DEP Assigned Grant Agreement#: LW720 Dollar Amount of Grant Disbursement: $400,000.00 *if your company or organization does not have a DUNS number,you will need to obtain one from Dun& Bradstreet at 866-705-5711 or use the webform(http://fiedgov.dnb.comlwebform). The process to request a DUNS number takes about ten minutes and is free of charge. Business Name: City of Aventura DBA Name(if applicable): Principal Place of Business Address: Address Line 1: 19200 W.Country Club Dr. Address Line 2: Address Line 3: City: Aventura State: FL Zip+4: 33180-2403 DEP 55-230(09-2019) Page 1 'o1RART; O�,O ttii , FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION a Federal Funding Accountability and Transparency Act Form—Subaward to a Recipient *Oh�ENT�L pFO`L Description of Project(up to 4000 characters): $400,000 LWCF Grant-Waterways Park The project consists of installing artificial turf on the existing football field as well as renovating an, existing picnic shelter and installing new landscaping. DEP 55-230(09-2019) Page 2 pt VAR,,;R J FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION o Federal Funding Accountability and Transparency Act Form—Subaward to a Recipient �ahMRM►t Principal Place of Project Performance(If different than principal place of business) Address Line 1: 3301 NE 213 Street Address Line 2: Address Line 3: City: Aventura State: FL Zip+4: 33180-1254 Congressional District for Principal Place of Project Performance: (Providing the Zip+4 ensures that the correct Congressional District is reported.) Executive Compensation Information: © O 1. In your business or organization's previous fiscal year,did your business or organization (including parent organization,all branches, and all affiliates worldwide) receive(a)80 percent or more of your YES NO annual gross revenues from Federal procurement contracts (and subcontracts)and Federal financial assistance(e.g. loans,grants,subgrants,and/or cooperative agreements,etc.)subject to the Transparency Act,as defined at 2 CFR 170.320;and,(b)$30,000,000 or more in annual gross revenues from U.S. Federal procurement contracts(and subcontracts)and Federal financial assistance(e.g. loans, grants,subgrants, and/or cooperative agreements,etc.)subject to the Transparency Act? If the answer to Question 1 is"Yes,"continue to Question 2. If the answer to Question 1 is"No",move to the signature block below to complete the certification and submittal process. © © 2. Does the public have access to information about the compensation of the executives in your business or organization(including parent organization,all branches, and all affiliates worldwide)through periodic YES NO reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78 m (a),78 o(d)),or Section 6104 of the Internal Revenue Code of 1986? If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process.[Note:Securities Exchange Commission information should be accessible at http://www.sec.goy/answers/`execomp.htm.Requests for Internal Revenue Service (IRS)information should be directed to the local IRS for further assistance.] If the answer to Question 2 is"NO"FFATA reporting is required.Provide the information required in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"appearing below to report the"Total Compensation"for the five(5)most highly compensated "Executives",in rank order,in your organization. For purposes of this request,the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners,or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: • Salary and bonus. • Awards of stock,stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R),Shared Based Payments. • Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. • Change in pension value.This is the change in present value of defined benefit and actuarial pension plans. • Above-market earnings on deferred compensation which is not tax-qualified. • Other compensation, if the aggregate value of all such other compensation (e.g.severance,termination payments,value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. DEP 55-230(09-2019) Page 3 o``o►va►�Rry�M, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION c Federal Funding Accountability and Transparency Act Form—Subaward to a Recipient 4 ,Ory*�NT�L Total Compensation Chart for Most Recently Completed Fiscal Year Date of Fiscal Year Completion (mm/dd/yyyy) 9/30/21 The undersigned as (enter position title) City Manager of(enter Business Name) City of Aventura Certifies that on the date written below,the information provided herein is accurate. Type or Print Name:Ronald!.Wasson Title: City Manager Signature: Date: DEP 55-230(09-2019) Page 4 � m § Xtho ■ LL § cc $ u o 2 E 0 0 0 $ J E 0 LL. u u k CL E ol ■ 0 7 J� e z _ 2 � ■ U / 0 m k B u _ 2 LU c / o 2 i u 2 Lj- / / § m CL _ o [ 0 z / $ \ L C t Q M S oc 7k $ k � % k k ƒ kE \ u § § CU 3 k c u _ z CU g % z m k - u § § � 7 \ # m \ u 0 k 3 k / / z / \ 7 $ 2 oc E u : 7 c Ln x 0 o 0 0 u 7 \ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Waterways Park LW720 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: City of Aventura Entity Type: Local Government Grantee Address: 19200 W. Country Club Dr.,Aventura,FL 33180-2403 FEID: 65-0662615 (Grantee) 3. Agreement Begin Date: Date of Expiration: upon execution December 31,2023 4. Project Number:LW720 Project Location(s): 3301 NW 213th Street,Aveuutra,FL 33180-1254 (If differenif-m Agreement Number) Project Description: Renovation of football field, picnic shelter and installation of new landscaping. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : $400,000.00 ❑ State ®Federal Line Item No.1727,GAA,FY 2020-2021 $400,000.00 ❑ State ❑Federal 91 Grantee Match $400,000.00 Total Amount of Funding+Grantee Match,if any: $800,000.00 6. Department's Grant Manal?er Grantee's Grant Manager Name: Tamika Bass Name: Ronald J.Wasson or successor or successor Address: 3900 Commonwealth Blvd. Address: 19200 W.Country Club Dr. MS#585 Aventura,FL 33180-2403 Tallahassee,FL 32399 Phone: 850-245-2501 Phone: 305-466-8900 Email: tamika.bass@floridadep.gov Email: rwasson@cityofaventurn.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 2 Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements 9 Attachment 2:Special Terms and Conditions 91 Attachment 3:Grant Work Plan 2 Attachment 4:Public Records Requirements Z Attachment 5: Special Audit Requirements 9 Attachment 6:Program-Specific Requirements 5Z Attachment 7: LW720 Grant Award Terms(Federal)*Copy available at hgps1/facts.fldfs.com,in accordance with§215.985,F.S. m Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): m Exhibit A:Progress Report Form ❑Exhibit B:Property Reporting Form ® Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LW720 Rev.6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): P20AP00462 Federal Award Date to De artment: 1/1/21 Total Federal Funds Obligated by this Agreement: $400,000.00 Federal Awarding Agency: National Park Service Award R&D? ❑ Yes QN/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is later. City of Aventura GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Callie DeHaven, Director, Division of State Lands Print Name and Title of Person Signing ❑Additional signatures attached on separate page. DEP Agreement No. LW720 Rev.6/20/18 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Joseph S. Kroll, Public Works/Transportation Director;/- DATE: May 28, 2021 SUBJECT: Resolution Setting Forth the Ranking of Firms to Provide Disaster Debris Monitoring Services; Authorizing City Manager to Enter into Disaster Debris Monitoring Agreement. June 1, 2021 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the ranking of the RFP attached as exhibit "A" and authorizes the City Manager to execute the Disaster Debris Services Agreement with Debris Tech, LLC. as Exhibit "B". The initial term of this Agreement shall be effective upon approval and shall terminate after three (3) years with a renewal option for two (2) additional (1) year terms at the City's discretion. BACKGROUND The City's current Disaster Debris Monitoring Services contract expires May 31, 2021. The City, through the Purchasing Department, advertised a Request for Proposals (RFP) from qualified firms to provide professional Disaster Debris Monitoring Services in accordance with the Federal Emergency Management Agency (FEMA) and with the City's Purchasing Ordinance and Policies. This service is an intricate part of our debris removal process after a major weather event providing the proper documentation needed for FEMA reimbursement. The review committee met May 4-5, 2021 consisting of the Public Works/Transportation Director, Assistant Public Works/Transportation Director, Storm Water Coordinator, the Comptroller (Finance) and the Purchasing Manager. The attached tally sheet, as Exhibit "A", shows the ranking as follows: 1.Debris Tech, LLC. 2.13renco, LLC. City Commission May 28, 2021 Page 2 The hourly rates have been approved by staff and are reasonable and in line with industry standards. JSK/gf Attachments: Exhibit "A" RFP Tabulation Sheet Exhibit "B" Disaster Debris Service Agreement Exhibit "C" Hourly Rate Breakdown JSK21012 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING STAFF'S RECOMMENDATION OF DEBRIS TECH, LLC AS THE CITY OF AVENTURA'S DISASTER DEBRIS MONITORING SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited and reviewed proposals from firms to provide, professional services relative to Disaster Debris Monitoring Services (RFP No. 21-03-24-3); and WHEREAS, City staff has negotiated fees and scope of services with the selected firm (Debris Tech, LLC.) and recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain agreement between the City of Aventura and Debris Tech, LLC for disaster debris monitoring services. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this resolution. Section 3. The 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 v i �. C14 CO th CIL C Qi c � Nr U') CL r� as : 0, m 0 Cc a F® �sto � ® p Qi t t Qj to ui E a CL CL � � 4 0 DISASTER DEBRIS MONITORING SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND DEBRIS TECH, LLC This Disaster Debris Monitoring Services Agreement ("Agreement") is made as of the day of , 2021 ("Effective Date") by and between the City of Aventura, Florida, a Florida municipal corporation("City") and Debris Tech, LLC, ("Contractor"), (individually as a "Party," or collectively as the "Parties"). WHEREAS, on February 23, 2021, the City issued a Request for Proposal for Disaster Debris Monitoring Services RFP421-03-24-3 ("RFP"), attached hereto as Exhibit "A," soliciting Disaster Debris Monitoring Services ("Services"); and WHEREAS, on or before March 24, 2021, Contractor submitted a response to the RFP ("Proposal"), attached hereto as Exhibit "B," and was subsequently deemed the top ranked proposer; and WHEREAS, the City desires to engage Contractor for the Services specified herein under the terms of this Agreement. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Contractor hereby agree as follows: 1. EXHIBITS. The RFP, attached hereto as Exhibit "A," the Proposal, attached hereto as Exhibit "B," and the Payment Schedule, which is attached hereto as Exhibit "C," are incorporated herein and made a part of this Agreement. In the event there is a conflict between any provisions in this document and any provision in any attached Exhibit, the parties agree that the provisions of this document shall be controlling. In the event there is a conflict between the Payment Schedule and the other Exhibits, the parties agree that the Payment Schedule shall be controlling. 2. TERM: a. The initial term of the Agreement is for three (3) years from the Effective Date of this Agreement. This Agreement may be renewed at the City's option for two (2) additional one year periods provided both the Contractor and the City agree and all terms and conditions remain the same. If Contractor cannot renew at the same 1 terms, conditions, and prices, Contractor must notify City on/before 90 days of contract expiration date. Such renewals shall be evidenced by a written amendment to this Agreement executed by both Parties. This Agreement and any amendment shall be subject to fund availability and mutual written agreement between the City and the Contractor. b. Consideration of price increases at each renewal period will be given provided such escalations are justified, reasonable and acceptable to the City. Any price increases must be documented and approved by the City. It is also expected that de-escalation of prices will be extended to the City if the market so reflects. 3. SCOPE OF SERVICES. During the term of this Agreement, Contractor shall provide Disaster Debris Monitoring Services pursuant to the "Scope of Services" set forth in the Proposal, which is attached hereto as Exhibit "A," which is incorporated herein by reference. In performing the Scope of Services, Contractor shall comply with all Federal Emergency Management Agency ("FEMA") requirements in addition to any and all applicable Federal, State and local laws, regulations, statutes, rules, and ordinances. Public Assistance Program and Policy Guide. The Contractor is bound by and must comply with the requirements of the FEMA Public Assistance Program and Policy Guide, which is hereby incorporated by reference and available online at this link: https://www.fema.gov/media-library/assets/documents/111781 4. COMPENSATION. In consideration of Contractor's satisfactory performance of the Scope of Services on behalf of the City pursuant to this Agreement, the City shall pay the Contractor pursuant to the Contractor's Payment Schedule, attached as Exhibit"C,"which is attached hereto. Contractor shall provide the City with an invoice on a monthly basis. For services completed and performed,fees shall be paid in arrears each month,pursuant to Contractor's invoice, which shall be based upon Services completed for each task invoiced. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval an acceptance of the Services by the City Manager or designee. No payments shall be due or payable for Services not performed or materials not furnished. If there is a dispute with regard to an invoice, the City may withhold payment until all requested supporting materials are received from Contractor and the dispute is resolved. 2 5. RELATIONSHIP OF THE PARTIES. During the term of this Agreement, the relationship of the Parties shall be that of the client and independent contractor. The City shall not control the means and methods used by Contractor in performing the Services. Contractor shall perform the Services at the request of the City Manager or his designee. Nothing set forth in this Agreement shall be construed to create the relationship of employer and employee or principal and agent between the City and Contractor. Contractor shall not act or attempt to act or represent itself, directly or indirectly or by implication, as an employee of the City or in any manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of the City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits of the City, nor any rights generally afforded City employees. Contractor further understands that Florida Worker's Compensation benefits available to employees of the City are not available to Contractor or to any employee or agent of Contractor. All employees and subcontractors of Contractor shall be considered to be, at all times, the sole employees or contractors of Contractor, under its sole direction and not an employee, contractor or agent of the City. By signing this Agreement, Contractor accepts a fiduciary duty with the City and warrants and represents to the City that Contractor: a. Has all licenses and certifications required by applicable Law to perform the Contractor's Services; b. Is experienced in all aspects of the work required for projects similar to the Project; c. Will act in the City's highest and best interest in performing the Contractor's Services; and d. Has executed a "Sworn Statement on Public Entity Crimes," asserting that no employee or affiliate of Contractor, including all Subcontractors and Suppliers (if any), at any tier, has been convicted of a public entity crime pursuant to Section 287.133, Florida Statutes, within the preceding thirty (36) months from the date of execution of this Agreement. Contractor further acknowledges that any misstatement or misrepresentation of fact, lack of compliance with the statute, or subsequent conviction of a public entity crime shall result in this Agreement being null and void and/or subject to immediate termination by the City. In the event of such termination, the City shall not incur any liability for any work or materials furnished by Contractor. The Contractor acknowledges and agrees that the City is relying on these representations 3 and covenants as a material inducement to enter into this Agreement. 6. CONTRACTOR WARRANTIES. Contractor represents and warrants that Contractor is free to enter into the terms of this Agreement and that Contractor has no obligation to any third party or otherwise that are inconsistent with any of its provisions. Contractor further represents and warrants that Contractor: (i) has not and will not disclose to others any confidential business information or trade secrets belonging to the City or to any third party, (ii) will not and does not intend to use any confidential information or trade secrets belonging to any third party in connection with the performance of Contractor's obligations to the City hereunder; and (iii) has not and will not remove any books, papers, or records belonging to the City or to any third party including, business plans, confidential customer information, or confidential or proprietary information about any City or third party's products or services. This Section 6 shall survive termination of this Agreement. 7. TERMINATION OF CONTRACT: a. The City reserves the right to terminate this Agreement anytime and for any reason upon giving thirty (30) days' notice to Contractor. b. If said Agreement should be terminated for convenience as provided herein, the City will be relieved of all obligations under this Agreement. The City will only be required to pay that amount of the contract actually performed to the date of the termination. Upon such payment, both parties shall be relieved of any further obligations under this Agreement. C. Default: In the event that the Contractor cannot adequately perform the Scope of Services for any reason, the Contractor shall advise the City, as soon as possible, and further advise as to the length of said inability. The City may then consider said Contractor's inability to perform to be a breach of this Agreement, and may undertake the necessary work through its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Agreement. d. This Agreement may also be terminated by the City Manager, or designee upon such notice as the City Manager, or designee deems appropriate under the circumstances in the event the City Manager or designee determines that termination is necessary to protect the public health, safety, or welfare. 4 8. INSURANCE. Contractor shall furnish insurance certificates indicating satisfactory insurance coverage at its sole cost and expense, maintain in full force and effect during the term of the Agreement, policies of insurance of the type and in the minimum amounts stated in Exhibit A, the RFP. 9. INDEMNIFICATION. a. The parties agree that 1% of the total compensation paid to the Contractor for the performance of this agreement shall represent the specific consideration for the Contractor's indemnification of the City as set forth in this Section. b. Contractor shall indemnify, defend and hold harmless the City Commission, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses, (including attorney's fees) arising out of or resulting from the Contractor's performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or damage or destruction of property including the loss of use resulting therefrom and(b) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The provisions of this Indemnification section shall survive the termination of this Agreement. 10. NON-SOLICITATION. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission,percentage,gift,or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the Agreement Price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 11. MISCELLANEOUS. a. Notices. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in 5 writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States mail: To City: City of Aventura Attn: Ronald Wasson, City Manager 19200 West Country Club Drive Aventura, FL 33180 With a Copy to: David M. Wolpin, Esq., City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, FL 33301 To Contractor: Debris Tech, LLC Attn: Brooks Wallace 925 Goodyear Boulevard Picayune, MS 39466 b. Compliance with Laws. Contractor agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction. Contractor shall make its services available to City residents without regard to race, color, creed, religion, national origin, sexual orientation or sex, or as otherwise provided by law. C. Severability. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement)and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision 6 would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances. d. Successors and Assigns. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other party. e. Headings. The sections headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. f. Survival of Terms. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement. g. Waiver. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. h. Force Maieure. Non-performance of Contractor or the City shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of and not caused by the negligence of the non-performing Party ("Force Majeure"), provided that the non-conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. i. Governing Laws. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this 7 Agreement shall be the Circuit Court of Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which in any way arises out of this Agreement or the Services. j. Entire Agreement. This Agreement and the Exhibits hereto, constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous written, and all previous or contemporaneous oral, negotiations, understandings, arrangements, and agreements. In the event of conflict between this Agreement and the Exhibits, the provisions of this Agreement shall control. Unless expressly provided for otherwise in this Agreement,this Agreement may be amended only by a written amendment signed by both Parties hereto. k. Access to Records and Audit Clause. Contractor agrees to permit the City to examine all records which are, in any way,related to the Services provided and this Agreement, and grants to the City the right to audit any books, documents and papers of Contractor that were generated during the course of the administration of this Agreement. Contractor shall maintain the records, books, documents and papers associated with this Agreement in accordance with the "Public Records Act," and in accordance with the Florida Statutes. Upon the City's request, Contractor shall provide the City with copies of all public records related to this Agreement, at no cost to the City. 1. Nonexclusive. The services to be provided by Contractor pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 12. CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW. 1. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. 2. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 8 3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created exclusively in connection with this Agreement are and shall remain the property of the City. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 6. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 W. Country Club Drive Aventura, FL 33180 Telephone number: (305) 466-8901 Email: horvathe(w,cityofaventura.com (This Space Left Intentionally Blank) 9 IN WITNESS WHEREOF, Contractor has signed and delivered this Agreement, and the City has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. CITY OF AVENTURA, FLORIDA By: Ronald J. Wasson, City Manager ATTEST: Ellisa L. Horvath, MMC City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF AVENTURA, FLORIDA, ONLY David M. Wolpin, City Attorney CONTRACTOR- By- Brooks R. Wallace, Manager 10 EXHIBIT A SCOPE OF SERVICES Sep Disaster Debris Monitoring Services Request for Proposal RFP# 21-03®2 -3, Section 3, pages 2 ®3 . Disaster Debris Monitoring Services Request for Proposal €P#21 SECTION 3 SERVICES SOUGHT ®1 INTENT The Cityof Aventura, Florida (the "City") is inviting the submission of proposals from qualified firms to providedisaster debris monitoring services for the City. Subsequent to e City Commission's adoption of a Resolution authorizing the City Manager to negotiate n agreement with the highest-rankingfian, the City will enter into an agreement i a prime contractor, and mayenter into a similar agreement with backup contractors. By submitting a pro os I, a proposer agrees to be the primecontractor i awarded the prime contractor ifselected s a backupcontractor, a proposer agrees to enter into backup contract. 3.2 INTRODUCTION The City has a diverse population of over 37,790 andsir to engage the services o a qualified firm(s) to provide disaster debris monitoring services n the associated management and accountingservices that are required urin n emergency. The successful contractor(s) shall be responsible for monitoring the recovery orts of the Debris Removal Contractor(s) ( ) in the field in accordance with Federal Emergency Management Agency ( ) guidelines, rules, regulations n olicies, and to process the subsequent resulting on r ctor(s) invoices on behalf of thei on an as-needed basis. Whether specifically u lie rein or not, any activity(s) requiring oni orin o the process and successful invoice filing for FEMA reimbursement r considered a oft is scope of services. The City is located in the Intracoastal Waterway in Northeast corner of Miami-Dade County and is approximately 3.2square iles in size. The City ventur sires to speed up removal of debris after an emergency, and therefore, it is anticipated the Debris Removal Contractor(s) would performthe initial clearing n removal e ris following an event for a minimumof one week. Depending on the extent of damagen the County's ability to respond in a timely manner, the City may choose to extend the cleanup period o the first week. II firms must be licensed to do business in Florida and be in good standing wi i i® a e County and the City of Aventura and give the City of Aventurapriority status. All firms shall comply ith the FEMA Provisions set forth in Section 3, Item .11. Must be in full compliance with all local codes, OSHA Safetyn r s, FEMA guidelines, rules and regulations, (including u not limited o FEMA fact sheet 9580.203) as amended from time to time The State of FloridaCo ( s amended from time to time) will apply. 03 BACKGROUND Page 29 19200 West Country Club Drive Aventura,FL 33180 3 5-466- 9 cityofaventura.co 6112 lid Disaster Debris Monitoring itoring ervic es Request for Proposal � - RFP.##21-0 - 4- k e City of Aventura is located in the northeast comer of Miami-Dade County and is approximately 3°2 square miles in size and has a diverse population of over 38,000. The City is located on the Intracoastal Waterway in Northeast Miami-Dade County and is conveniently located between Miami and Fort Lauderdale just east of I-95. The northern of the City is the i ®Dade/13roward County line, the western is the FEC Railroad, the eastern is the Intracoastal watery and the southern boundary is NE 1761 Street. The City delivers a majority of its public and Public Works/Transportation by utilizing firms employing sound business practices with an emphasis on excellence and effective customer service principles. 3.4 SERVICES SOUGHT The purpose of this request for proposal is to establish the most effective,efficient,and innovative methods of providing the highest quality services to the City. Disaster Debris Monitoring.,Services The City of Aventura requires the following services: 1. The Debris Monitoring Contractor(D Q shall provide trained field(debris)monitors, stump/tree removal monitor,hanger monitors, leaner monitors,tower monitors,residential drop-off site monitors and supervisory and accounting staff as required by the City. 2. Review,Permits,Licenses and Certificates: A wide variety of permits,licenses,and certificates may be required to perform debris management work, depending on the assignment. The Consultant will work closely with the City and local agencies and regulators to clarify and resolve any compliance issues,as well as to determine requirements for and to obtain necessary permits,licenses and certificates, if requested. In these cases,the Consultant will identify the requirements and demonstrate compliance,even though permits are not required. Some of the permits that we anticipate being required for this type of work include,but may not be limited to the following: A. Environmental Permits—asbestos/lead paint abatement,construction permit,demolition permits B. Clean Water Act DES}Permits—emergency discharge permit,indirect discharge permit,wetlands disturbance permit,and stonn water management permit C. Clean Air Act(Emissions)Permits—bum permit(air curtain incinerators), stack- monitoring permit, fugitive emissions(dust)control permit. D. TDSRS and Final Disposal permits or authorizations from F°DEP and the County DERM if appropriate. All final disposal sites must be pre-approved by the CITY, 3. Consultant will mobilize a staff of sufficient size to adequately monitor debris operations. During this period,the Project Manager will provide daily updates on debris removed and estimate the time remaining for job completion. 4. The D C shall provide one Project Manager(PM)who shall remain within the City throughout the duration of the storm d subsequent cleanup who will supervise all the field monitoring activities. Page 30 19200 West Country Club Drive Aventura,FL 3310 @ 305-466- 0 cityofaventura°corn Disaster Debris Monitoring Services Request for Proposal P#21-03.24.3 A. The Project Manager must have the following experience: 1) Experience demonstrating current capacity and current expertise in debris removal, solid waste and hazardous waste management and disposal. Must demonstrate experience as a Project Manager or equivalent capacity managing hurricane debris monitoring for a government entity involving a minimum of 15 ,000 cubic yards of debris. 2) Documented owledge and experience of Federal, State and Focal emergency agencies, state and federal programs, funding sources and reimbursement processes. Include on page 11,the information above forte Project Manager to include resumes fort e Project Manager,Operations Manager and jots descriptions for other key personnel.Job descriptions shall also be provided for any other position added y the proposer. The proposer shall also submit a management plan and organization chart. 5. The Project Manager(PM)shall be available to attend daily meetings throughout the recovery process,until the City no longer needs the P 's input. Substitutions of the personnel in this position,is prohibited and can only occur with explicit prior approval by the City. The PM shall report to the Public Works/Transportation Director or their designee 24 hours prior to a hurricane event. For other natural disasters,the PM shall report to the Public Works/Transportation Director or their designee within 12 hours after notification. A. The PM must have the following experience: The PM who shall be responsible for the overall monitoring of debris contractors and the management of the consultant's monitoring team shall be the City's point-of-contact. At the availability of the City,the PM will be physically located in the Emergency Operations Center(EOC)or other location specified by the City. The PM shall assign an operations manager to oversee each debris recovery contractor. The P will be supported by the fall array of resources to enhance efficiency and expedite deliverables. The PM's responsibilities include: 1) Coordinating daily briefings,work progress,staffing,and other key items with the City. 2) Scheduling work for all team members and contractors on a daily basis. 3) Scheduling and managing field staff. 4} Monitoring recovery contractor's progress and making/implementing recommendations to improve efficiency and speed up recovery work. 5) Assisting the City with responding to public concerns and comments. 6) Conducting safety inspections. 7) Ensuring compliance with contracts by all subcontractors. 8) Scheduling and running periodic meetings with field staff and contractors. 6. The I} C shall provide other trained erso e1 and supervisors as required to manage the field monitoring activities. Page 31 19200 West Country Club Drive Aventura, FL 33180 a 305-466-8900 a cityofaventura.corn Disaster Debris Monitoring Services Request for Proposal RFP #21-03-24-3 A. The PM who shall be responsible for the overall monitoring of the Consultant shall be prepared to staff a project management team consisting of the follow' members; however,final determination of staffing will be made by the CITY depending on need: I) project Manager 2) Operations Managers 3) FE A Coordinator 4) Scheduler/Expediters 5) GIS Analyst 6) Field Supervisors 7) Debris Site/Tower Monitors 8) Environmental Specialist 9) Project Inspectors(Citizen SiteMonitors) 10) project Inspectors(Load Ticket Data Entry Clerks/ A/ C)Billing and Invoice Analysts 11) Administrative Assistants 12) Field Coordinators(CrewMonitors) The Consultant may use other required positions as necessary with the written approval of the City's Public Works/Transportation Director or their Designee. All such positions and applicable hourly rates shall be listed in the cost proposal. 7. Consultant will provide a quality control team consisting at a minimum of two(2)monitors per site and one(1)monitor per recovery crew. This team will monitor the recovery contractors for contract compliance, efficiency and regulatory compliance. They will provide feedback to the City through their management team. They shall be equipped with state-of- the-art technology,which include digital cameras,computers and other communication devices and GPS units with an accuracy of three(3)meters. A. Response Time/Mobilization: The consultant shall comply with the following requirements: 1) Reporting to EGC—The PM,and at his discretion other key personnel,shall report to e EOC at a minimum of 24 hours prier to a hurricane event, if requested by the City. For other natural or mamnade disasters the consultant shall report within six(6) hours after notification. 2) Debris Sites e Consultant shall ensure that site monitors as specified below are deployed and operational commensurate with the beginning of debris collection and the establishment of debris sites. At a minimum,monitoring shall consist of the following personnel: a) Two(2)staff per debris site b) Final determination of staffing for debris recovery crews will be made by the CITY as the field environment may require B. Responsibilities of the Quality Control Team: Page 32 19200 West Country Club Drive Aventura,FL 33180 305-466- 9 cityofaventura.com Ili��wii WIN; III A Mail ; w mom= Disaster Debris Monitoring Services Request for Proposat FlFP#21-03-24-3 r 1) Documenting daily and weekly recovery work,ensuring that proper records are maintained for trip tickets and recovery costs. 2) Inspecting means and methodsto measure and record work and recommending changes that may be needed. 3) Stopping work in progress that is not being performed or documented in the appropriate manner. 4) Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. 5) Checking work in progress to make sure that the proper work authorizations,permits, and other prerequisites have been received. 6) Reporting on any improvements in work assignments and/or efficiency/productivity that may be appropriate. 7) Maintaining digital photo documentation of recovery work on a weekly basis. All photographs presented shall show the address, description in detail of hangers, stumps and leaners removed. The team shall photograph every stump and leaner removed as well as a random sample of hangers removal activities and GPS coordinates. 8. The Consultant will prepare and submit operational reports throughout the duration of the recovery operations. Daily reports shall document the debris contractors' activities and progress from the previous day and shall be submitted by 10:30 A.M.to a distribution list established by the City Project Manager. Each daily report submitted will contain the following minimum information: A. Contractor name B. Contract number C. Reports and graphs to delineate production rates of crews and their equipment,progress by area and estimations of total quantities remaining,time to completion,and daily cumulative cubic yards of debris removed,processed and hauled. D. GIS mapping data updates and digitized reports. E. All GIS layers required will be provided to the Contractor by the City's Public Works/Transportation Department,prior to an event or as soon as possible to ensure up to date files and consistency in field structure. All GIS data must be in an ESRI format 8.3 or higher version. Personnel geo-database is acceptable based on size restraints. F. Scanned documents should be at a minimum 300 dpi and in jpg,tiff or pdf file format. 9. Technical Expertise and Guidance—As directed by the City,the Consultant shall provide: A. A comprehensive emergency management plan to include plan development;plan review,and plan revisions. E. Safety assessment to include plan development,procedure development, staff training, and staff`augmentation. C. Safety assessments of facilities. D. A comprehensive mitigation program to include development of a mitigation plan, staff training,cost benefit analysis,project management,environmental review and staff augmentation. E. Development of debris plan to include staff training. Page 33 19200 West Country Club Drive 9 Aventura,FL 33180 9 305-466-8900 9 cityofaventura.corn f�e xs Pi Disaster Debris Monitoring ring Services Request for Proposal �t -2 �FP#i 21 F. Project management to include the formulation and management of permanent work projects,task farce management and management services for Commissions,Boards and Panels. G. Technical support and assistance in developing public information. H. Other reports and data as required by the City. 10. The Monitors shall have vehicles,telephones,meals, lodging arrangements, safety gear, cameras,CAPS devices,and other incidentals necessary to work up to 12-hour days,and up to 7 days per week during an emergency. All direct cost associated with monitoring(including those aforementioned)shall be included in the unit rate for the monitor or supervisor. The Monitors shall complete tickets provided by the Contractor to verify and validate. A. Date B. Preprinted Ticket Number C. Contract Number and Contractor's Name D. Truck Number E. Truck Capacity in Cubic Yards F. Load Size,either in Cubic Yards or Tons (including percent full and certified capacity) C.I. Truck Driver's Name and Company Name H. Debris Classification: I. Burnable(if applicable) I Non-Burnable K. Mixed L. Vegetative M. Construction and Demolition Debris N. Other O. Zone/Sector P. Dumpsite Location and Destination Q. Loading Time(from work site) R. Dumping Time(at disposal site) S. Loading SiteMonitor's Name and Signature T. Dumping Site Monitor's Name and Signature U. Loading Location by Full Address or Nearest Landmark V. Loading Location by GPS coordinates,marked on the ticket and provided in electronic file. The GPS unit shall maintain a location accuracy level of three(3)to five(5)meters. The LIPS collection data shall contain the following fields: DataJTime, Ticket number, Operator ID,and Latitude/Longitude(in decimal degrees). The data file shall be exportable in a computer readable Comma Delimited format(*.CVS). The GPS exported data file names shall be uniquely names including the area,Operator Name and date. The file naming convention shall be from: area a e -d e(the 1st letter of each word shall be capitalized). This GPS file name shall be record on each of the Ticket documents. W. Crew Number and Hangers per Tree(or hangers) X. Crew Number and Tree Diameter(for Le ers) Y. Any other information required by the City or deemed pertinent by personnel providing the information. Page 34 19200 West Country Club Drive s Aventura,FL 33180 s 305-466-8900 a cityofaventura.com is Disaster Debris Monitoring Services Request for Proposal FP#21-03--24-3 11. The D C shall certify the capacity of each Contractor(s)Truck used during the emergency, to include the following: A. Truck Number E. Truck Driver's Name and phone Number C. Date D. Certified Capacity as Measured by the D C in the field,to include inside dimensions E. DC Representative's Name and signature(personnel who is certifying the capacity) F. Contractor's Name G. Truck License Plate Number H. Truck Re-Certifications shall be conducted by the DMC and shall be conducted as needed and as well as when directed by the City I. The D C shall maintain all truck certification sheets as well as an electronic summary of truckcertifications. 12. The D C shall provide up to 30 trained Field Monitors,as needed for each disaster,as determined by the City. Field,Right-of-Way,Road and Debris Monitors are equivalent for the purpose of this Agreement. These Monitors shall be available and ready to work in accordance with the following schedule: A. Within three(3)calendar days of disaster—ten(10)monitors E. Within seven(7)calendar days of disaster—twenty(20)monitors 13. The D C shall provide up to two(2)trained Tower Monitors at one time,as needed for each disaster,as determined by the City. Each tower must be staffed by two(2)Tower Monitors to handle load tickets and verify debris amounts. 14. The D C shall provide up to two(2)trained Residential op-off Site Monitors at one time, as needed for each disaster,as determined by the City. These monitors shall be available within three(3)calendar days of the disaster and will record the license tag number of each residential vehicle that brings debris to ResidentialDrop-off sites. 15. The D C shall maintain all Contractor(s)tickets processed during the recovery' review all Contractor(s)invoices and make a recommendation as to how much of the invoice should be paid based on the tickets collected and the truck certification sheets in d. No ticket shall be recommended for payment unless the truck indicated on that ticket has a corresponding truckcertification form, signed by the D C. Contractor(s)invoices shall be reviewed and a recommendation regarding payment shall be made by the DMC within fourteen(14)calendar days of the City giving the invoice to the D C. Each recommendation shall contain: A. The Contractor(s)' Invoice E. The C's cover letter recommending payment C. All back-up spreadsheets verifying the recommendation of payment D. All tickets associated with recommendation of payment E. Truck certification forrns F. Any other data pertinent to the payment of the Contractor(s)' invoice by the City Page 35 19200 West Country Club Drive a Amventura,FL 33180 e 305-466-8900 e cityofaventura.ce Disaster Debris Monitoring Services Request for Proposal y RFP#21-03-24-3 16. All data created or received by the D C shall be maintained in an electronic file and provided to the City and/or FE A when needed. 17. The City will provide the D C a list of publicand/or private roads to include the Federal Highway Assistance Roads(F A)and may require the D C to ensure that debris is collected only on roads that are eligible for reimbursement. 18. The D C shall provide a Phase I Environmental Assessment of each of the'Temporary Debris Disposal Sites within four(4)weeks of the request by the City. This effort shall be invoiced to the City at cost plus ten percent(10%)(i.e.the cost a firm or a laboratory to conduct the Phase I Enviromnental Assessment plus a 10%mark-up for the D C). The cost of each Phase I Environmental Assessment shall be approved by the City prior to any work being done. 19. The D C shall assist the City in sessin the rehabilitation of Temporary Debris Disposal sites by the Contractor(s). 20. The D C shall mark and take a digital picture of the trees/stumps to be removed with a numerical system. 21° The D C shall provide an estimated capacity by survey of each pile of vegetation material at each Residential Drop-off Site within four(4)weeks of the request by the City. This effort shall be invoiced to the City at cost plus 10%(i.e.the cost of a surveyor to survey and estimate the total cubic yards of all piles plus a 10%mark-up for the D C). The cost of each survey shall be approved by the City prior to commencement of any work. 22. Any other specialty direct costs required and approved by the City shall be invoiced to the City at cost plus 10%. 23. The D C shall attend all meetings pertaining to disaster debris recovery and shall provide meeting minutes of all meetings within three(3)business days after the meeting. 24. The D C shall invoice the City every two(2)weeks or monthly, at the 13 C's discretion. 25° When the City issues a Notice to Proceed to the D C,the City and the D C shall determine the positions and number of persons required to adequately provide the services. A. The City shall review DC's staffing level as necessary and direct DIVIC to adjust personnel accordingly. The City may perform on-site inspections to verify staffing needs. E. During this period,the PM will provide daily updates on the services and estimate the time remaining for job completion. C. The D C shall provide continuous service on an hourly basis at the agreed upon rates. Hours worked and type of work performed must be documented on weekly ti esheets signed by the person performing the work and the PM. The City may verify work being performed. Page 36 19200 West Country Club Drive 9 Aventura,FL 33180 e 305-4 - 900 e cityotaventura.cern Malmoloran!III! ISO Oil Disaster Debris Monitoring Services Request for Proposal RFP#r 21-03- 4- 26. For the purposes of the IZFP,the City has assumed a certain number of personnel hours required(Proposal Fee Form). This assumption is for proposal purposes only and does not restrict the City's ability to request personnel as needed. 27. The D C shall provide other disaster relief services as required by the City. A. Training and Assistance: Sessions for all key City personnel and assistance in all Disaster debris recovery-planning efforts as requested. E. Preliminary Safety Assessment: Determine the impact and magnitude of the disaster event before federal assistance is requested,identifying hangers,leaners, stumps and safe trees,pre and post disaster estimates of debris quantities,documenting eligible costs and describing the physical and financial impact of the disaster. C. Debris Planning Efforts: Assist in all disaster debris recovery planning efforts as requested by the City. These planning efforts shall include but are not limited to development of a debris management plan,assistance in the identification of adequate temporary debris storage and reduction sites,estimation of debris quantities,and emergency action plans for debris clearance following a disaster event. D. Digitization of all source documentation(such as load tickets and supplies to the City with each invoice). E. Pre and Post soil sampling of the site. F. A full-size evaluation,including maps of locations and surveys(wetlands,threatened and endangered species). G. Permitting,Licensing and Certifications. H. Follow the best management practices as outlined in the FloridaStormwater Erosion and Sedimentation Control Inspector Manual. 28. The D C shall provide GIS support as necessary and as required by the City to assist the City in delineating loading locations of debris. This information will be especially important in the reimbursement process as FE A has typically not reimbursed for debris collected on private roads. 29. Assessment of Debris Accumulation In Drainage Canals: Consultant will assist the City in assessing and documenting the debris accumulation and safety issues in the City's drainage canals and provide the City with a GIS map depicting canals requiring focused maintenance,with GIS files s. 30. Event Closure: Consultant will assist the City in preparing final reports necessary for reimbursement by FEMA,FHWA and any other applicable agency for disaster recovery efforts by City staff and designated debris removal contractors,in an effort to achieve the maximum allowable reimbursement. The Consultant will assist in reviewing and processing requests for payment by the disaster debris removal contractors. 31. The D C Final Report: Page 37 19200 Test Country Club give 9 Aventura,FL 33180 a 305-466-8900 9 cityotaventura.ca Disaster Debris Monitoring Services Request for Proposal PAP#21-03-24-3 k, A final report will be prepared by the Consultant and will be submitted to a distribution list as established by the City Project Manager within 30 days of completion of the recovery operations.Recovery Operations includes remediation of sites,closure of sites and conclusions of all related operations. At a minimum,the following information will be included in this report, A. Discussion of disaster response requirements and results. B. Recommendations for future disaster response strategies. C. Copies of manifests,certificates,and related documents. D. bog books and all other data taken during the implementation of the Disaster Response Plan. SKILLS PERSONNEL OF THE FIRM Using a maximumfor pages,8 1/2" X 11",describe the experience of the project manager, d other key personnel as it relates to this project. Name specific projects (successfully completed within the past 5 years)where the project Manager and other key personnel of the firm have performed previously. Specifically,provide resumes of the project manager, operations manager and brief job descriptions for other key personnel. Job descriptions for any other positions added by the proposer to the Cost proposal shall also be provided. Specifically identify the management plan and provide an organizational chart for the team; the organizational chart will be in addition to the four-page maximum. 3.5 PROPOSALFORMAT The proposal must be in the following order and format listed below. Refer to Section 4 for all forms. Failure to do so may cause the proposal to be rejected. Removal of any part of the proposal may invalidate the proposal. RFPs having an erasure or corrections must be initialed by the proposer in ink. Proposals shall be signed in and all quotations shall be typed. 4.1 Respondent's Certification 4.1 A Proposal Schedule for Disaster Debris Monitoring Services 4.2 No Bid or Proposal Response 4.3 Proposer Questionnaire 4.4 Client Reference betters 4.5 Other References 4.6 Indemnification Clause 4.7 Sworn Statement Pursuant to Section 287.133 (3)(a),Florida Statutes 4.8 Business Entity Affidavit 4.9 Drug-Free Workplace Affidavit 4.10 Anti-Kickback Affidavit 4.11 Non-Collusive Affidavit 4.12 Scrutinized Companies Pursuant to Section 287.135,FloridaStatutes Page 3 19200 West Country Club Drive a Aventura,FL 33180 e 3 5-466- 900 a cityofaventura.com EXHIBIT PAYMENT SCHEDULE 4.11A PROPOSAL SCHEDULE FOR DISASTERDEBRIS Request rProposal 1- shall Include it Iassociated performance of the contract including li lodging, rentals,meals, transportation, safety gear, telephone costs, cameras, GPS devices, and other materials TM At 76.00 112e 112 $ 7.280.00 o 00 1.8moo. on �}g} 1 e 1 Tower Mankors ......_.....,____ i 329,40-0.00 ._,. 00 112 3.920.00 ppk t 36.00 168 1 $ 5,080.00 0.00 �. 00. 3500 1e 5, TOTAL t 1 Any wmftm l be Wed at to hwrly rate nxftoied by 1. . t ) ksW an this form .*Haws are t Intended to repreamt the actual contract of OW NOWO to PrOCOW r EXHIBIT C SUSPENSIONCERTIFICATION REGARDING DEBARMENT, I CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY AT°T° ®Certification in accordance with Section 29.510 Appendix A, C,F, ,idol. 53,No, 102,page 19210 and 19211: (1) The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) are not presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against there for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification: and ( ) have not within a three-year period preceding this application/proposal had one or ore public transactions(federal, state or local) terminated for cause or default; (e) has not either directly or indirectly entered into any agreement participated in any collusion;or otherwise taken any action in restraint of free competitive negotiation in connection with this CONTRACT. (2) The CONTRACTOR rt er certifies,to the best of his/her knowledge and belief, that: (f) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer oremployee of any Federal agency, a member of Congress, an officer oremployee of Congress, or employee of a member of Congress in connection with the awarding of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (g) If any fiands other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of Congress, or any employee of a member of Congress in connection with this CONTRACT, Standard Fo -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions will be completed and submitted. The certification contained in (1) and (2) above is a material representation of fact upon which reliance is placed and a pre-requisite imposed by Section 1352, Title 31, U. S. Code prior to entering into this CONTRACT. Failure to comply shall be subject to a civil penalty of not less than $10,000 and not more than $100,000. The CONTRACTOR shall include the language of the certification in all subcontracts exceeding $100,000 and all sub-contractors shall certify and disclose accordingly. I hereby certify that I am the duly authorized representative of the CONTRACTOR for purposes of making this certification, and that neither 1, nor any principal, officer, shareholder or employee of the above firm has: (a) employed or retained for commission, percentages, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONTRACTOR)to solicit or secure this agreement, (b) agreed, as an express or implied condition for obtaining this CONTRACT, to employ or retain the services of any firm or person in connection with carrying out the agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bone fide employee working solely for me or the above CONTRACTOR) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as herein expressly stated (if any). I acknowledge that this Agreement may be furnished to the Federal Emergency Management Agency, in connection with the Agreement involving participation of federal disaster relief funds, and is subject to applicable state and federal laws, both criminal and civil. SO CERTIFIED this day of MayJ_8_, 20_21. DebrisTech, LLC Wallace B rooks�� ATTEST: &Mvk y Commission Expires: December 7. 2021 Notary in 122302 DEBRA McCORMICK A, Dec 7011 60 Disaster Debris Monitoring Services Request for Proposal RFP# 21-0 - -3 PROPOSAL SCHEDULE FOR DISASTER DEBRIS MONITORING SERVICES Request for Proposal 1 -11- HourlyI include II costs (unless otherwisespecified) associated i performancethe contract, including li i overhead r fit, lodging, meals, transportation, rttf , safety gear, telephone costs, cameras, GPS devices, and other materials 1°rl HOURLY RATES* S** TOTAL POSPro t Pvler�a er 75.00 112 8,400.00 Office Sqptnq r $ No Charge 84 $ 0.00 rations an ors $ 65.00 112 $ 7,280.00 FEMA Coordinator $ 85.00 150 $ 12,750.00 ch ulerd diters $ No Charge 84 $ 0.00 Truck Certifier $ 45.00 40 $ 1,800.00 Field SuptEvisors $ 45.00 336 $ 15,1 0.00 TowerMonitor's $ 35.00 840 $ 29,400.00 nviro 922ntal iaGsts 65.00 40 $ 2,600.00 Project Inspectors (Citizen Site Monitors' $ 35.00 112 3,920.00 Cl cialist $ No Charge 40 $ 0.00 Residential Cr Site Monitors $ 35.00 168 $ 5,660.00 Billing/invoice Analyst (load ticket data en Clarke/ $ o Charge 40 $ 0.00 Administrative Assistants o Charge 40 $ 0.00 t Field Monitors $ 35.00 1,000 $ 35,000.00 TOTAL $ 122,150.00 y overtime Will be billed at the hourly rate multiplied y 1. . Overtime is not to be included in any rate(s) listed on this form Hours are not intended to represent the actual contract amount, but are an estimated re n tion of a typical work week. The actual contract value will be negotiated with successful proposer(s)pdor to issuance of the Notice to Proceed for each event. Page 52 19200est Country Club Drive a Aventura,FL 33180 305 66- 9 cityo venturaxorn CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager `— DATE: May 28, 2021 SUBJECT: Disbursement of Police Federal Forfeiture Funds June 1, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to $42,000.00 for security upgrades to police vehicles from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Attachment CCO1982-21 f CITY OF AVENTURA POLICE DEPARTMENT 'S INTER 9 IN TO: f RonaldJ. Wasson, City Manager ff FROM: Bryan;Pegues, Chief of Poly r • May 2 h, 2021 f SUBJECT: Use of Federal Forfeiture Funds i? / / The Federal Equitable Sharing Agreement (F ), Section V111 allows for the use of federally t forfeited funds for law enforcement. Section IX, A9 of the Federal u° rinagreement '? requires that the funds be expended only upon request of the Chief ofPolice the governing fbody of themunicipality prow I of the governing body. I am requesting City Co i ion approval for the expenditure of these monies for Security upgrades to police vehicles. $42,000 00 Summary Security t enhancements to uniformedt I vehicles—These upgrades `ll provide llistic protection to officers in their patrol vehicles. t f< f �v S j ,SSE / t r{, �2h /elf / / /p f r �f1 it3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: May 28, 2021 SUBJECT: Resolution Declaring Equipment as Surplus June 1, 2021 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1983-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA POLICE INTER ® Ronald J. Wasson, i r FROM: Bryan Pegues, Chief of Police DATE: May 28th, 2021 SUBJECT: Surplus Property I would like I listed city r c! r Surplus Property as per City of AventuraSubsection s these items have become inadequate lic purposes: Firearms: See attached list attachedSee list of City ! c firearms for surplus. s uns will be transferred to a licensed it s Dealer in order to purchases. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson — City Manager BY. Keven R. Klopp Community Development Director DATE: May 28, 2021 SUBJECT: Request of Arcade Zone USA, LLC for Conditional Use Approval to permit Indoor Recreational Uses in the B2 Zoning District for property located at 19501, Biscayne Boulevard (Aventura Mall, Tenant Space 431) (Application #CUP2105-0001) June 1, 2021 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission approve the above-mentioned conditional use application subject to the following conditions- 1) Hours of operation allowed shall be Monday through Friday from 11 AM to 9 PM, Saturday from 10 AM to 9 PM, and Sunday from 12 Noon to 8 PM. Any change expanding the operating hours allowed will require a revision to the conditional use approval. 2) At the City Manager's discretion, the City may require this Conditional Use Permit return to the City Commission for additional review should there be three (3) or more verified calls for police service at this location during any one-month (30 day) period. 3) Applicant shall not conduct e-sports or other video game tournaments without a Special Events Permit approved by the City. 4) Children under the age of 12 shall be required to be accompanied by an adult on the premises. Game cards shall not be sold to children under the age of 12. 5) This approval is granted exclusively to Arcade Zone USA, LLC and may not be transferred to any other operator or entity. THE REQUEST The applicant is requesting Conditional Use Approval to permit an Arcade in the Aventura Mall, tenant space 431. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Arcade Zone USA, LLC c/o Michael Marrero ADDRESS OF PROPERTY 19501 Biscayne Blvd. Aventura Mall, Tenant Space 431 LEGAL DESCRIPTION 9-page legal description on file if needed EXISTING ZONING B2 - Community Business FUTURE LAND USE DESIGNATION Business and Office APPLICABLE LAND DEVELOPMENT REGULATIONS Subject to conditional use approval, Section 31- 144(c)(2)(g) of the City's Land Development Regulations (LDRs) allows indoor commercial recreation uses including, but not limited to: theaters, bowling, miniature golf, skating, health clubs and physical fitness facilities. The seven (7) standards for review of Conditional Uses are listed in Section 31-73(c) of the LDRs. The standards are individually listed below and analyzed in regards to the subject application. ANALYSIS 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically, a collection of different commercial and retail uses is encouraged within the Business and Office designation. 2 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The conditions recommended herein are designed to ensure the use will not be detrimental to or endanger public health, safety or general welfare. They were developed with input from and the approval of the Chief of Police. The indoor recreational components of the use, in and of themselves, are not a cause for concern. Because the intended patrons are children, the inherent concern for safety and welfare is greater and, thus, creates the need for limitations set by conditions. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The use is consistent with the community character of the immediate neighborhood, which is Aventura Mall, and the wide array of uses available to patrons of all ages. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. The proposed use will not impact levels of service. Aventura Mall is fully serviced; Arcade Zone will replace the former Disney Store within the mall. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. There is adequate existing ingress and egress to the proposed use. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in the respective zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is within the interior of Aventura Mall and will not have any adverse impacts, visual or otherwise, to adjacent properties. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31- 71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 RF-Rr 2 FIRNANO EZ" May 4, 2021 NN LlAPKIN ji ,N TAPANFES ": ti� VIA N FCTR NIC MAII 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Arcade Zone - Aventura Mall 19565 Biscayne Boulevard mmarrero@brzoninglaw.com Dear Mr. Klopp: Our law firm represents Arcade Zone USA, LLC (the "Applicant") in relation to the referenced Arcade Zone family recreational center that hopes to be opening soon at the Aventura Mall (the "Property"). This letter shall serve as the Applicant's letter of intent in support of the application for a Conditional Use approval to allow for indoor commercial recreational uses in the 132 Zoning District. Conditional Use Request. Pursuant to the Section 31- 144(c)(2)(g) of the City's Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit an indoor commercial recreational facility at the Property. The proposed use, Arcade Zone, is more than just a traditional arcade. In their Mall locations they offer Interactive Games, Virtual Reality Attractions and the latest Arcade Games that gives rewards to their young patrons to exchange for toys and prizes which makes everyone feel like a winner. Replacing the prior Disney Store use within the mall, Arcade Zone will give families of young children a destination within the mall to give their children a break from shopping with some "fun time" or bring children to a new family friendly destination in the City. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: Mr. Keven Klopp Page 2 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically a collection of different commercial and retail uses are encouraged within the Business and Office designation. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide a safe and welcoming environment for families of young children to enjoy the indoor recreational components as a break from shopping with their parents, or as a destination unto itself. With the loss of the Disney Store, the mall has lost an establishment that caters to families of young children. Arcade Zone intends to replace that void and continue to encourage a positive family experience for patrons of the mall. 3. The establishment shall be consistent and compatible with other similar establishments within the Aventura Mall and the neighborhood. The Property is consistent with community character of the immediate neighborhood. The Aventura Mall prides itself in providing a wide array of uses to attract families and patrons. Arcade Zone will address a need for family friendly recreational uses within the City. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. The Aventura Mall is fully built out and Arcade Zone will simply replace the former Disney Store space within the mall. There is no expected impact on any levels of service. S. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The use is located within the Aventura Mall that has adequate existing ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Page 3 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is within the interior of the Aventura Mall and will not have any adverse impacts, visual or otherwise, to adjacent properties. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate your scheduling this application for the next available public hearing. Sincerely, P Mickey Marrero Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com APPLICANT REPRESENTATIVE AFFIDAVIT I Punauanl to section 31-7I(b)(2)(i)of the City of Aventura Lend Development Code,this Applicant ReWesenletive Affidavit is he I rtnede and submitted. The undersigned authorized rementA"of the individual or en61y apWying for the Devo opmenl Permit which is ideatfied in he aaomp3nying applcaWR and the owner of the propertY subject to the applicaten(if dMerenp hoeby Isis and idenbrms all persons representing the individual or ff" atOnng for the Deveopmenl permit in connocImn with the appbcMn,as(olbws: Name Relationship r-e.Anomxys.Mhhct&LandscW ,mhftcrs,Ergoters,Lo byism.Era) ILk Maflrero P abrli-e I I i I (AUach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31.71(BI(2)(M OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. ! WITNESS MY HAND THIS IL DAY OF_&!�*—200-.1 AUTHORItE EP E A OF APPLICANT: OWNER By: By: t� (Signal re gnatue) 1 Name: I l l c. PL f ft Name: a r i a n n ( nni) .{Prot) TiUe: {k k a f n Title:- [/G1I1SL r �7 1 S Address: �;sCA ���a Address: 1SSr Re/lsv#^+y(C l�lW n d`1t� M; �� 33155 WPSbti FL 333a'� STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) M II Before me the undersigned auihodt personally appeared ' `�I d h n as the authorized representallve of the Applicant and/or the owner of the property subject to the application,who being firs(by me duly sworn, s or allirm that he/she executed this Affidavit for the purposes stated therein and that it is(rue and correct. h AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME Ihaay of�, .;k MYCOMMISSION If GG 205499 PPS- EXPIRES:June 24,2022 :cos v •' Bonded Ttn Nfty Pubk Undmalters Notary Public Slate of Florida age Printed Name of Notary I I My commission expires t BUSINESS RELATIONSHIP AFFIDAVIT' This Mdwi is made pursuant to Section 31.71(b)(2)(ii)of the City of Aveotura Land Development Code. The undersgned Afliarl hereby d"ecloses that: (mark with',r' por0orq only) Afratl does 04j have a Business Relationship with any member of the City Commission or any City Advisory Board to Wkh tM appkcaVm vn�ba presented. 112 AM&M hereby disdosm the,it dos 4 a Business Relationship with a member of the City Commission or a City Advi&M Board to which the application will be presented,as to M: (List name of Cownissioner or Advisory Board Member) who serves on the (LAI Coy Commission or City Advisory Board upon which member serves). The nature M the Business Relalianhip is as follows: Ill. Member of City C=Msion or Board holds an ownership interest In excess of 1%of total assets or capital stock of Appicanl or Represenlative, t I h. Member of City CornmissW or Board is a pa ner,co-shareholder(as to shares d a oorporalim which are not isled on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture: (I u`. The Appkard of Representative is a Client of a member of the Oily Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the Cay Commission or Board, (I iv. A City Commissioner or Board member a a Client of the Applicant or Representative; ()v. The Applicant or Representative is a Customer of the member of the Cry Commission or Board(or of his or her empoyer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his a her employer)in a given calendar year, IN.vi. The member of the City Commission of Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS a`GDAY OF APPU Y. (Sow) Name: r: (W Title: A.• Or") WITNESS MY HAND THIS DAY OF M Lj 20d-` PROPERTY OWNER n 1 Name: ) Title: Rlr3 mw,UJ o,""r (A4 'The teams BUSrhess RetatiauNA- Ctienl' Customer,' Want' R.Preservative'and 'Interested Person are defined in Secoian 2.39S of the Aventtra Oily code. i _ _ r WITNESS ICY HAND THIS 1"—IDAY OF REPRESE TI I- i ted on Business Relationship Affidavlq r_ ls9nar�►e By (Sgnature) Name: C�e aurf 104 Name: Title: A s(M le (Prtrrt) Byrd ` . rure) gy (Signanxe No MA (Print) Name: (Prrrt) Title: O w n r (PYiI►t) (Signature By. (Signa(ure) Name: -- (fit) Name: (�►n� Title: 04 Title: (Pmt) (Signature) By: (Signature 9y: Title: (Print) Title: (Frio!) Title: (PnnQ Title: (Pint) By: (Signature) 8y: (Signature Title: (P � Title: (Pint! Title: (Pnno By (Signature) 9y: (Signature nue: (Pint) Tille: (Ptino Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information providod in the Affidavit becomes incorrect or incomplete. NOTARIZATION QRq�filON STATE OF FLORIDA COUNTY OF MIAMI•DADE) � A.My sran dd prelr a e6rm Mt ndshe Belae me,he undv3QAW lrlhoNy.Pnwoy appwed Micjy awAed I m Affdanl for the purpmes sleled Iwen end IW rt d Ow end mmL AFERNANDEZ f AF MY(MAI�aAIISSSI0N 2DMZ SWORN TO AND SUBSCRIBED bebremeam!; +yofJ f ! s 'r E P1RE.S Jutts24,2022 r BMW TMu Notary Kkk Unds WIM pypLt�SsUU 01 f Al� Printed 44Nenr of N01e1Y � 2 z- My conullasion esv`a�- STATE OF FLORIDA ) COUNTY OF WAMI-0ADE) � Y"�� orAf6i, bI'meduly s+aear worn,did or A"Itel h 3na t Belom me,the undersigned bu rilY,PKIGNOY ePPa� .n exerted Ors Alfid7r+t for Ine purposes stated Herein and Ul i n true end cornet. x s;{f►.'•: MELISSAFERNANDEZ AFFL4NT MY COMMISSION iGG205499 EXPIRES:June 24,2022 SWORN TO AND SUBSCRIBED before me thi day of '�oF ry°`- Bm�•>�Notary Public LWkAm*Tbbnm NdaryPubt l e Af 7 G L C An No I Notary 2 My ammwion expires: STATE Of FLORIDA ) COUNTY OF MAMI•DADE) M C"1 Before me,Ore undeagned eulhaity,Der�n�'ePPm� �Uie Af6aK�0 first by me duly swan,drd shear a eRrrn Uul hdshe exealed thib ARdav l for the Purposa stated owsm and I11e1 A i3 he and 0rrect. AFfU -- � j,,� �11■^r1^►,y //// ,,,�f+ ��j:is •. MELISSAFERNANDE SWORN TO AND SUBSCRIBED before me Ihb�y of 1 Zoa t ;� my COMMISSION i GG 205499 ! _.�•, EXPIRES:Jurie 24,2022 e�pqn banded Tiro NdwY Pu01k Urd.rwreere of No ry My0rmurnh bnamplra STATE OF FLORIDA ) COUNTY OF MIAMI-0ADE) Before me,the undersigned SUIP06ry,POWAY aPPar� Na Mtanl K+a berg Irsl by me duly swan,did swear a al6rm Drat hPlslte exealed NLs ABdeNI for me p opoaa staled Oleren and tot it is true and correct AFFIANT SWORN TO AND SUBSCRIBED babe me this day of �D- NOUryPublic SWe of FWAm Al large Prinled Name of Nolary My ootrl "m now W cc F �2 of � a � a a � � a M � a , Y.1 y i r. 1 I I� 1 0 w, Ab E 1 _ t rl • r i • i 1 T< 'a 1�1 Z o fts h �h for s Yam} e �u� N F: W H f• � J Q � y I b� �s • ti` •y N N E E ca ca N N ca � U � U Q O U ci u U 00 �w 14W . (B L LU �o- > oc a� E N U � U 4-J C� w � C 0 C6 J RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ARCADE IN THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD, TENANT SPACE 431; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS an indoor commercial recreation use may, pursuant to Section 31- 144(c)(2)(g) of the City's Land Development Regulations, be established on property zoned B2 (Community Business) District if approved by the City Commission as a conditional use; and WHEREAS, Section 31-73(c) of the Regulations sets forth standards by which conditional use applications are reviewed; and WHEREAS, Arcade Zone USA, LLC, has through Application No. CUP2105-0001, requested Conditional Use approval to permit the operation of an indoor commercial recreation use, specifically an arcade, in tenant space 431 in the Aventura Mall at 19501 Biscayne Blvd.; and WHEREAS, the Property is zoned B2, Community Business District; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the intent of the conditional use being considered for approval is specific to Arcade Zone USA, LLC and the identified location, and not applicable broadly or to any other commercial recreation use; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application CUP 2105-0001 for Conditional Use to operate an Arcade in the Aventura Mall Tenant Space 431 located at 19501 Biscayne Boulevard, is hereby granted subject to the following conditions: City of Aventura Resolution No. 2021- 1) Hours of operation allowed shall be Monday through Friday from 11 AM to 9 PM, Saturday from 10 AM to 9 PM, and Sunday from 12 Noon to 8 PM. Any change expanding the operating hours allowed will require a revision to the conditional use approval. 2) At the City Manager's discretion, the City may require this Conditional Use Permit return to the City Commission for additional review should there be three (3) or more verified calls for service at this location during any one-month (30 day) period. 3) Applicant shall not conduct e-sports or other video game tournaments without Special Events Permit approved by the City. 4) Children under the age of 12 shall be required to be accompanied by an adult on the premises. Game cards shall not be sold to children under the age of 12. 5) The approval is granted exclusively to Arcade Zone USA, LLC and may not be transferred to any other operator or entity. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. CITY CLERK Page 3 of 3 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager(9L BY: Joseph S Kroll, Public Works/Transportation Director.( DATE: May 28, 2021 SUBJECT: Ordinance Creating Article IX FERTILIZER USE of Chapter 30 ENVIRONMENT June 1, 2021 City Commission Meeting Agenda Item 7 Recommendation: It is recommended that the City Commission approve the attached Ordinance creating Article IX "Fertilizer Use" of Chapter 30 "Environment" of the City Code of Ordinances relating to the regulation of fertilizer. Background: The purpose of this ordinance is to regulate the proper use of fertilizers by fertilizer applicators, which also requires proper training of commercial and institutional fertilizer applicators; and will establish a prohibited application period. In addition, this will set application rate restrictions and methods. This ordinance will help improve and maintain water and habitat quality. Attachments: Exhibit "A" Ordinance JSK/gf JSK21011 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING ARTICLE IX, "FERTILIZER USE," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO THE REGULATION OF FERTILIZER APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, excessive nutrients and/or increasing levels of nitrogen and phosphorus in the surface and/or ground water have resulted in the impairment of surface waters throughout Florida; and WHEREAS, pursuant to Section 403.9337, Florida Statutes, county and municipal governments located within the watershed of a water body must, at minimum, adopt an ordinance following Florida's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes; and WHEREAS, on April 20, 2021, the Miami-Dade County Board of County Commissioners adopted Ordinance No. 21-26, imposing minimum countywide standards regulating the use of fertilizer ("County Ordinance"); and WHEREAS, in accordance with Section 403.9337, Florida Statutes, and the County Ordinance, the City Commission desires to implement an ordinance regulating the use of fertilizers on turf and landscaping within the City to protect surface and/or ground water, including the waters of Biscayne Bay; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:' Section 1. Recitals Incorporated. That each of the above-stated recitals are 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by strikethrough. City of Aventura Ordinance No. 2021- hereby adopted and confirmed. Section 2. Creating Article IX of Chapter 30 of the Code. That Article IX of Chapter 30, of the Code of Ordinances is here by created to read as follows: Chapter 30 — Environment ARTICLE IX. - FERTILIZER USE. Section 30-220. - Purpose and intent. This article regulates the proper use of fertilizers by fertilizer applicators: requires proper training of commercial and institutional fertilizer applicators, establishes a prohibited application period for fertilizers, sets forth fertilizer application rate restrictions and methods, creates fertilizer-free zones and low maintenance zones: and provides for limited fertilizer regulation exemptions. The article requires the use of best management practices to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Biscayne Bay and the City's natural and constructed stormwater systems, lakes, and other water bodies. Collectively, these surface waters are a critical asset to the environmental, recreational, cultural, and economic well-being of the City's residents and the health of the public. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. Section 30-221. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Application or apply means the actual physical deposit of fertilizer to turf or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the City. Best management practices means turf and landscape practices, or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources, including the guidelines set forth in the Florida Department of Environmental Protection's "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida" Manual. Commercial fertilizer applicator means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator, except as provided in Section 482.1562(9), Florida Statutes. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. Page 2 of 8 City of Aventura Ordinance No. 2021- Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers, or employees of public lands, schools, parks, religious institutions, utilities, business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf)- Low maintenance zone means an area a minimum of ten feet wide adjacent to surface waters which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organizations, and/or any group of people acting as an organized entity. Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of the county, issued by the National Weather Service, or if heavy rain (two inches or more) is likely. Restricted application period means May 15 to October 31. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Surface waters means waters on the surface of the earth, including the Atlantic Ocean, Biscayne Bay, lakes, ponds, canals, and other similar water bodies. Tun`, sod, or lawn means a piece of grass-covered soil held together by the roots of the grass. Section 30-222. —Applicability. This article shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the City, unless such applicator is specifically exempted by the terms of this article. Section 30-223. - Timing of fertilizer application. (a) No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, the restricted application period, or to saturated soil. (b) Fertilizer shall only be applied to actively growing turf that is not dormant, dead or unestablished. Page 3 of 8 City of Aventura Ordinance No. 2021- (c) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 60 days after seeding or sodding, except when hydroseeding for temporary or permanent erosion control in an emergency situation or in accordance with the stormwater pollution prevention plan for that site. Section 30-224. — Fertilizer Zones. (a) Fertilizer free zones. Fertilizer shall not be applied within 20 feet of any surface waters, including the Atlantic Ocean, Biscayne Bay, lakes, ponds, and/or canals, or from the top of a seawall. (b) Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended, but not mandated, from any surface waters or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone. Section 30-225. - Fertilizer application. (a) Fertilizers applied to turf and/or landscape plants within the City shall be applied at the lowest rate necessary in accordance with best management practices. (b) Fertilizer containing nitrogen shall be applied to turf and/or landscape plants in an amount not to exceed one (1) pound of nitrogen per 1,000 square feet per application and no more than four (4) pounds of nitrogen per 1,000 square feet in a calendar year. (c) Fertilizer containing phosphorus shall not be applied to turf and/or landscape plants in the City, except where a phosphorus deficiency has been demonstrated in the soil underlying the turf and/or landscape plants by a soil analysis test performed by a state certified laboratory. Any person who obtains a soil analysis test showing a Phosphorus deficiency and who wishes to apply phosphorus to turf and/or landscape plants shall provide a copy of the test results to the City Manager or designee for approval prior to the application of phosphorus. Where a phosphorus deficiency has been demonstrated and approved by the City, fertilizer containing phosphorus shall be applied in an amount not to exceed 0.25 pounds of phosphorus per 1,000 square feet per application and no more than 0.5 pounds of phosphorus per 1,000 square feet in a calendar year. (d) The nitrogen content of granular fertilizers applied to turf or landscape plans within the City shall contain at least 65 percent slow release, controlled release, timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution shall be used to prevent direct deposition of nutrients in the water. (e) Liquid fertilizers containing nitrogen applied to turf and/or landscape plants shall not be applied at a rate that exceeds 0.5 pounds per one thousand (1,000) square feet per application, and no more than four (4) pounds of nitrogen per 1,000 square feet in a calendar year. Section 30-226. - Application practices. Page 4 of 8 City of Aventura Ordinance No. 2021- (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones, and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf and/or landscaping, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater systems or water bodies. (f) Grass clippings, vegetative material, and/or vegetative debris shall not be washed, swept, or blown off into stormwater drains, ditches, surface waters, sidewalks, or roadways. Any material that is accidentally deposited shall be immediately removed to the maximum extent practicable. Section 30-227. - Exemptions. The provisions set forth above in this article shall not apply to: (a) Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, Florida Statutes, provided that fertilizers are applied in accordance with best management practices: (b) Other properties not subject to or covered under the Florida Right to Farm Act that have pastures for grazing livestock provided that fertilizers are applied in accordance with best management practices: (c) Any lands used for bona fide scientific research including, but not limited to, research on the effect of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. (d) City owned, leased, or maintained athletic fields, or private or publicly owned, leased, or maintained golf courses. Section 30-228. - Training. (a) All commercial and institutional fertilizer applicators of fertilizer within the City's jurisdiction shall abide by and successfully complete the six-hour training program in the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries offered by the Florida Department of Environmental Protection through the University of Florida's Florida-Friendly Landscapes Program (or an approved equivalent). (b) Private, non-commercial applicators are required to follow the recommendations of the University of Florida's Florida Yards and Neighborhoods Program when applying fertilizers. (c) All commercial applicators of fertilizer within the City's jurisdiction shall have and carry in their possession at all times when applying fertilizer evidence of certification by the Florida Department of Agriculture and Consumer Services for commercial fertilizer application. Page 5 of 8 City of Aventura Ordinance No. 2021- (d) Prior to a business applying fertilizer to turf and/or landscape plants, the business must ensure that at least one employee has completed the six-hour training program in the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (or an approved equivalent). Upon request, a business shall provide proof of completion of the program to the City Manager or designee. Section 30-229. - Enforcement, penalties. (a) Following adoption of this article, the City shall engage in public education efforts to inform the public of the provisions of this article. (b) Beginning July 31, 2021, the City's code compliance division shall enforce all provisions of this article. (c) Violations of the provisions of this article shall be enforced through Article V. "Code Enforcement." Chapter 2 of the City Code and shall be subject to the following penalties: (1) First violation: written warning: (2) Second violation: a fine of$250.00. (3) Third and subsequent violations: a fine of$500.00. (d) Each day in violation of these regulations within a 365 day period, beginning with the date of the first violation, shall constitute a separate offense. The City Commission or City Manager may approve any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this Code. (e) In addition to any applicator, commercial fertilizer applicator, or institutional applicator, the owner of any real property upon which any fertilizer regulated herein is applied shall be responsible for compliance with this article to the same extent as the applicator, commercial fertilizer applicator, or institutional applicator. Section 3. Severability. That 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 4. Inclusion in the Code. That 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 renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or Page 6 of 8 City of Aventura Ordinance No. 2021- parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 7 of 8 City of Aventura Ordinance No. 2021- PASSED on first reading on this 1st day of June, 2021. PASSED AND ADOPTED on second reading on this 17t" day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 8 of 8 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: April 30, 2021 SUBJECT: Ordinance Amending the 2020/2021 Aventura City of Excellence School Charter School Fund ("ACES") Budget 11t Reading May 4, 2021 City Commission Meeting Agenda Item 8A 2"1 Reading June 1, 2021 City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2020/2021 Aventura City of Excellence School Charter School Fund ("ACES") Budget in the amount of$314,694 as outlined below. BACKGROUND As we quickly approach the ACES year-end, it is necessary to formally amend the 2020/2021 budget to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of the actual expenditures. As a result, the attached document has been prepared by City staff in collaboration with the ACES' Administration to project the final year-end revenues and expenditures to ensure that any revenue overages and expenditure overruns are properly identified and adjusted where necessary. This "clean up" amendment process is a normal part of our year-end fiscal operations and is in large part due to the impacts created by the global pandemic crises ("COVID-19"). All revenues and expenditures have been reviewed and analyzed and will be adjusted if necessary. The explanations provided are not designed to be all inclusive, but rather provide a framework for the necessary adjustments. Listed below is a summary of the ACES 2020/2021 amendments, the underlying circumstances that support each recommendation and the supporting schedule — "Exhibit A". 1 REVENUE: $314,694 projected net favorable variance Grant Revenue - ESSER — Under the CARES Act, Federal Funds of$314,694 are being provided from the Elementary and Secondary School Emergency Relief("ESSER") Grant. These funds are being passed through the Florida Department of Education and are being provided to address the impact that COVID-19 has had, and continues to have, on Florida elementary and secondary schools including: • Developing and implementing plans for educational services • Continued learning by ensuring safety and health of students and staff • Assessing and addressing learning gaps • Providing academic support, and • Addressing social and emotional needs. EXPENDITURES: ($314,694) projected net unfavorable variance The related operating expenditure accounts have been increased for a corresponding total of $314,694. Listed below you will find a list of the some of the more significant allowable expenditures: • OWL Cameras — $35,865 • Student Academic Support Services - FEV Tutors — $25,000 • Instructional Staff Intensive Tutoring Stipends — $30,000 • Mental Health Counseling Services — $27,000 • Zoom Site License — $7,488 • Teacher Laptops — $48,360 • Part-Time Information Technology (IT) Support Staff— $12,000 • Instructional Staff (Part-time Reading Intervention Teacher) — $24,000 • Plexiglass Dividers — $4,000 • Student Chromebooks — $62,400 • Temporary Staff to serve as Hallway and Lunch Monitors — $11,634 Although it is anticipated that the School will completely spend these funds by June 30, 2021, the actual deadline to expend the funds goes through September 30, 2023. Due to circumstances beyond our control (i.e., Federal/State reimbursement processes, stock shortages, delays in shipping etc.) it is quite possible that some of this funding may be expended by and/or reimbursed to the School beyond the current year which may result in further amendments (reappropriations) in future budgets. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 2 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-04, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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 Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2020/2021 Operating and Capital Budget of the Aventura City of Excellence School 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. 2020-04, which Ordinance adopted a budget for the 2020/2021 fiscal year for the Aventura City of Excellence School by revising the 2020/2021 budget as set forth on the attached Exhibit "A", which exhibit is 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. 2021- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED on first reading this 4t" day of May, 2021. PASSED AND ADOPTED on second reading this 1st day of June, 2021. Page 2 of 3 City of Aventura Ordinance No. 2021- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2020121 Budget Amendments AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND (190) SCHOOL 2020/21 2020/21 2020/21 OBJECT REV/OBJ ADOPTED AMENDED REVISED CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET Revenues State Shared Revenues: 3316000 3340 Grant Revenue-ESSER $ $ 314,694 $ 314,694 Subtotal $ - $ 314,694 $ 314,694 Total Amendments-Revenues $ 314,694 Expenditures 190-6001-569 -K-3 Basic 5101 Personnel Services 1220 120 Teacher(31) $ 1,650,124 $ 12,000 $ 1,662,124 1503 291 Stipends 118,795 15,000 133,795 Subtotal $ 1,768,919 $ 27,000 $ 1,795,919 Operating Expenditures 5290 590 Other Mat'I&Supply $ 35,000 $ 4,000 $ 39,000 Total K-3 Basic 5101 $ 1,803,919 $ 31,000 $ 1,834,919 190-6002-569-4-8 Basic 5102 Personnel Services 1220 120 Teacher(44) $ 2,267,695 $ 12,000 $ 2,279,695 1503 291 Stipends 204,082 15,000 219,082 Subtotal $ 2,471,777 $ 27,000 $ 2,498,777 Operating Expenditures 5411 520 Textbooks $ 95,000 $ 22,653 $ 117,653 Total 4-8 Basic 5102 $ 2,566,777 $ 49,653 $ 2,616,430 190-6003-569-Exceptional Student Program 5250 Operating Expenditures 3190 310 Prof&Tech Services-SPED $ 51,000 $ 27,000 $ 78,000 Total ESP 5250 $ 51,000 $ 27,000 $ 78,000 190-6004-569-Substitute Teachers 5901 1220 120 Pool Sub $ 35,033 $ 11,634 $ 46,667 Total Substitute Teachers 5109 $ 35,033 $ 11,634 $ 46,667 190-6006-569-School Administration 7300 Operating Expenditures 4856 790 Special Events $ 140,000 $ 25,000 $ 165,000 5290 590 Other Mat'I&Supply 23,000 7,641 30,641 Total School Administration 7300 $ 163,000 $ 32,641 $ 195,641 190-6008-569-Operation of Plant 7900 Personnel Services 1260 160 Other Support Personnel $ 76,512 $ 12,000 $ 88,512 Total Operation of Plant 7900 $ 76,512 $ 12,000 $ 88,512 190-6010-569-Capital Outlay 7400 Capital Outlay 6401 692 Computer Equipment>5000 $ 114,000 $ 34,015 $ 148,015 6402 643 Computer Equipment<5000 113,750 116,751 230,501 Total Capital Outlay 7400 $ 227,750 $ 150,766 $ 378,516 Total Amendments-Expenditures $ 314,694 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission/Governing Board FROM: Ronald J. Wasson, City Manager BY: David McKnight, Principal, Don Soffer Aventura High School Jonmark Williams, Sr. Financial Analyst, Charter Schools USA DATE: April 30, 2021 SUBJECT: Ordinance Amending the 2020/2021 Don Soffer Aventura High School Fund ("DSAHS") Budget 11t Reading May 4, 2021 City Commission Meeting Agenda Item 813 2"1 Reading June 1, 2021 City Commission Meeting Agenda Item 813 RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2020/2021 Don Soffer Aventura High School Fund ("DSAHS") Budget in the amount of$428,168 as outlined below. BACKGROUND As we quickly approach the end of DSAHS' second year of operations, it is necessary to formally amend the 2020/2021 budget to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of the actual expenditures. As a result, the attached document has been prepared by Charter Schools USA ("CSUSA") in collaboration with City staff to project the final year-end revenues and expenditures to ensure that any revenue overages and shortfalls and expenditure overruns and savings are properly identified and adjusted where necessary. This "clean up" amendment process is a normal part of our year-end fiscal operations and is in large part due to the fact that this is only DSAHS' second year of operations and the impacts created by the global pandemic crises ("COVID-19"). Due to the Federal/State reimbursement processes, it may be necessary to reappropriate funds due to multi-year Federal/State Grant funding including revenues and expenditures which exceed the current fiscal year. Since the detailed budget, accounting and general ledger are maintained by CSUSA, all revenues and expenditures will be reviewed and analyzed on a categorical basis and adjusted in the aggregate. The explanations provided are not designed to be all inclusive, 1 but rather provide a framework for the necessary adjustments. Listed below is a summary of the DSAHS 2020/2021 amendments, the underlying circumstances that support each recommendation and the supporting schedule — "Exhibit A". REVENUE: $428,168 projected net favorable variance Operating Revenue: $428,168 projected net favorable variance FTE — ($9,894) unfavorable variance due to a lower FEFP per student funding rate than originally budgeted. NSLP Revenue/Food Services— ($99,486) net unfavorable variance due to lower student participation in the school lunch program given the hybrid in-person and mobile learning attendance options amid the global pandemic. Grants Revenues — $401,389 net favorable variance due to an increase in the Florida Department of Education's Public Charter School Program ("CSP") Grant allocation in the amount of $341,264 and additional Federal/State funding with the Elementary and Secondary School Emergency Relief ("ESSER") Grant in the amount of$60,125. Other Revenue Sources — ($37,101) net unfavorable variance including Capital Outlay, E-Rate Program, and School Recognition. Other Program Revenue Sources — $173,259 net favorable variance due to additional AP/AICE funds from greater share of student exams passed during the prior school year. EXPENDITURES: ($428,168) projected net unfavorable variance Operating Expenditures: ($60,536) projected net favorable variance Total Compensation — ($46,508) unfavorable variance due to higher than budgeted average salaries to fill roles in areas of critical shortage. In addition, costs for group Insurance and Benefits exceeded their original budget estimates. Professional Services — ($24,035) projected net unfavorable variance due primarily to: • ($2,063) net unfavorable variance primarily due to lower Accounting Services-Audit expense and a higher Computer Services fee. • $3,072 less for the 5% fee to the County Board than originally anticipated. • ($25,044) for Professional Fees related to administration of the CSP and CARES - ESSER Grants. 2 Vendor Services — $10,067 projected net favorable variance primarily resulting from the cost for Contracted Food Service coming in lower than the original budget due to a reduction from the anticipated student demand given the mobile learning environment option amid the global pandemic. Administrative Expenditures— ($9,542) projected net unfavorable variance resulting from the higher than anticipated cost to equip classrooms and school offices with a stock of Office Supplies and the Nurse with a stock of Medical Supplies. Instructional Expenditures — $7,244 projected net favorable variance primarily resulting from lower total hours of Contracted SPED Instruction given the mobile learning environment option amid the global pandemic. Other Operating Expenditures — $2,238 net favorable variance due to the cost for Telephone and Internet coming in lower than originally budgeted. Capital Expenditures: ($367,632) net unfavorable variance due to additional grant funded capital expenditures that are in line with increase in CSP allocation and Federal/State Grants. The 2020/2021 adopted budget included $250,000 in revenue and expenditures pertaining to the CSP Grant. In line with an increase in grant revenues awarded to the School, grant expenditures including greater student consumables and capital outlay to furnish student consumables, furniture, fixtures and equipment (FF&E) and computer hardware that were not considered in the original budget need to be made in order to fully utilize the grants. If you should have any questions related to this memorandum, please feel free to contact the City Manager. Respectfully submitted, David McKnight Jonmark Williams Principal, Don Soffer Aventura High School Sr. Financial Analyst, CSUSA 3 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-05, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2020/2021 (JULY 1 — JUNE 30) BY REVISING THE 2020/2021 FISCAL YEAR BUDGET DOCUMENT 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 Don Soffer Aventura High School and upon the recommendations of the Principal of the Don Soffer Aventura High School, the City Manager(and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2020/2021 Operating and Capital Budget of the Don Soffer Aventura High School 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. 2020-05, which Ordinance adopted a budget for the 2020/2021 fiscal year for Don Soffer Aventura High School by revising the 2020/2021 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2021- Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on first reading. This motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2021- PASSED on first reading this 4t" day of May, 2021. PASSED AND ADOPTED on second reading this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 DON SOFFER AVENTURA HIGH SCHOOL Exhibit A FY202012021 Budget Amendment Supporting Schedule ADOPTED AMENDED REVISED BUDGET AMOUNT BUDGET Enrollment 415.00 4.00 419.00 FEFP rate per Student $ 7,093.38 $ (91) $ 7,002.05 REVENUE: FTE $ 2,943,753 $ (9,894) $ 2,933,859 Capital Outlay 209,071 4,897 213,968 NSLP Revenue (National School Lunch Program) 36,201 (5,165) 31,036 Food Services 140,184 (94,321) 45,863 Intersection Safety Camera Program Transfer-in from City's General Fund 150,000 - 150,000 Grants - CSP 250,000 341,264 591,264 Grants - Federal/State - 60,125 60,125 Miscellaneous Revenues (includes E-Rate Program) 37,706 (37,706) - School Recognition 4,292 (4,292) - Other Program Revenue 200,000 173,259 373,259 Subtotal Operating Revenue $ 3,971,207 $ 428,168 $ 4,399,375 Other Non-Revenue City Subsidy* Advance from the City's General Fund 487,870 - 487,870 TOTAL REVENUE $ 4,459,077 $ 428,168 $ 4,887,245 EXPENDITURES Operating Expenditures Compensation Administrative Staff 562,816 (22,149) 584,965 Instructional Staff 1,566,484 (463) 1,566,947 Benefits/Other 537,972 (23,896) 561,868 Total Compensation $ 2,667,272 $ (46,508) $ 2,713,780 Professional Services 538,001 (24,035) 562,036 Vendor Services 399,612 10,067 389,545 Administration Expenditures 19,580 (9,542) 29,122 Instructional Expenditures 417,177 7,244 409,933 Other Operating Expenditures 297,314 2,238 295,076 Fixed Expenditures 24,619 - 24,619 TOTAL OPERATING EXPENDITURES $ 4,363,575 $ (60,536) $ 4,424,111 Subtotal Capital Expenditures $ 250,000 $ (367,632) $ 617,632 Total Unadjusted Operating and Capital Expenditures $ 4,613,575 $ (428,168) $ 5,041,743 Unadjusted Revenue over/(under) Expenditures $ (154,498) $ 0 $ (154,498) CSUSA Subsidy to offset Professional Services *** $ 154,498 $ - $ 154,498 Adjusted Revenues over/(under) Expenditures $ - $ 0 $ (0) Total Adjusted Operating and Capital Expenditures $ 4,459,077 $ (428,168) $ 4,887,245 Net Change in Fund Balance $ - $ 0 $ (0) Change in Fund Balance less City Subsidy $ (487,870) $ 0 $ (487,870) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY. Keven R. Klopp Community Development Director DATE: May 28, 2021 SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to the Text of the City of Aventura Comprehensive Plan to Revise Policy 2.2, Business and Office Land Use Category, of the Future Land Use Element City Case File CPA2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 413 April 6, 2021 City Commission Meeting Agenda (1st Reading) Item 7A June 1, 2021 City Commission Meeting Agenda (2"d Reading) Item 8C RECOMMENDATION It is recommended that the City Commission approve amendments to Policy 2.2 of the Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as described below. THE REQUEST The applicant, Aventura North Distrikt Developments LLC, is requesting an amendment to Policy 2.2 of the Future Land Use Element of the City's Comprehensive Plan to permit (1) residential uses with a maximum density of 57 dwelling units per acre in the MO, Medical Office District and contiguous Business and Office use designated lands as specifically provided in the Land Development Regulations and (2) a maximum floor area ratio of 2.49 for developments that dedicate certain lands for public right of way and construct a public road at its cost, both subject to conditional use approval, in the Business and Office future land use category. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. 1 BACKGROUND Although a text amendment to the City's Comprehensive Plan is not property specific, the proposed amendment will facilitate the development of the property lying between Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The applicant has proposed a mixed-use project with residential/hotel/office/retail and an assisted living facility within 12.50 acres of land. A rendering of the development is attached as Exhibit#2 to this staff report. The first amendment requested by the applicant is to allow residential uses in the Business and Office future land use category. The intention of the amendment is to limit residential uses to 57 units per acre. In accordance with a comment received from the Florida Department of Economic Opportunity, the wording of the proposed amendment has been modified slightly to explicitly state that the residential uses allowed may not exceed a density of 57 dwelling units per acre. The residential use allowance will be subject to conditional use approval. It will be applicable to properties in the Medical Office zoned portions of the Business and Office designation and contiguous Business and Office designated properties that are part of a master site development plan and agreement. The second amendment requested by the applicant is to allow a maximum floor area ratio of 2.49 in the Business and Office land use category, subject to conditional use approval, for properties that dedicate a minimum of 35,000 square feet of land to the City for public road construction as part of an overall development and construct the road at the owner's or developer's expense. The Business and Office Land Use Category in the Future Land Use Element of the City's Comprehensive Plan currently allows a maximum of 2.0 floor area ratio and does not include residential uses. Approval of an amendment to that land use category is required to allow the proposed mixed-use development. A requested amendment to the MO, Medical Office zoning district in the City's Land Development Regulations(LDR)allowing increased floor area and density—approved at first reading at the May 2021 Commission meeting is the subject of a separate but related ordinance on the June 1 City Commission meeting agenda. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement, which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. 2 THE PROPOSED AMENDMENT The proposed amendment is to Policy 2.2 of the Future Land Use Element of the Comprehensive Plan, as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.2 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Business and Office This category accommodates the full range of sales and service activities. Included are retail,wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. Residential uses with density not exceedin 57 dwelling units peerracre on properties zoned MO. Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self-contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. Underlined text indicates insertions. Stricken-through text indicates deletions. 3 The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense, shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the text of the Comprehensive Plan may be amended by application of any person, board, agency or their authorized representative. The application has been submitted by the proposed developer in accordance with that section. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. This amendment, if approved, will facilitate the development of a mixed-use development of a 12.2-acre property in the northwest corner of the City. At the February 18,2021 workshop presentation,the City Commission requested that a study be presented by the applicant concurrent with discussion of the text change to the comprehensive plan, to confirm the applicant's statement that this proposed development would reduce traffic compared to as-of-right development in this zoning district. A trip generation analysis prepared by the applicant's traffic engineer, David Plummer & Associates, is attached as Exhibit #3 to this staff report. The analysis compares the number of trips generated daily, in the a.m. and p.m. peak hours for maximum development based on the existing zoning to number of trips generated by the proposed mixed-use development. 4 The analysis shows that the traffic generated by the existing zoning if developed with one of the highest permitted traffic generators, that is medical offices, at the 2.0 maximum floor area ratio is 34,110 daily trips, 1,468 a.m. peak hour trips and 2,834 p.m. peak hour trips. If developed as proposed with a mix of office, hotel, multifamily residential and assisted living facility, the analysis shows that traffic will be reduced to 13,230 daily trips, 537 a.m. peak hour trips and 640 p.m. peak hour trips.This is a 61% reduction in daily trips, a 63 % reduction in a.m. peak hour trips and a 77% reduction in p.m. peak hour trips. Additionally, the development will mitigate number of trips by providing a dedicated drop off area for the City's shuttle bus and Freebee service and by providing an improved east-west access road between Biscayne Boulevard and East Dixie Highway. A full, in depth traffic study will be submitted and reviewed as part of the future site plan approval applications. Notice of the proposed amendment has been published in accordance with Section 31-53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the adopted Comprehensive Plan Amendment will be provided to the State of Florida and the review agencies. 5 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F C4 Bilzin Sumberg Brian S.Adler,Esq. Tel 305.350.2351 Fax 305.351.2206 badlerftilzin.COm March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to Amend Text of City of Aventura Comprehensive Plan Business and Office Section of Land Use Element Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend the text of the Business and Office section of the City of Aventura ("City") Comprehensive Plan Land Use Element. Aventura North is the proposed developer of portions of the property located in the application. A. The Property While this application is a text amendment and therefore property specific information is not required, the particular property under consideration as part of this amendment may be helpful for your evaluation. Any development will be subject to property specific applications in the future. The property anticipated to be part of a future application is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property"). This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. The City's Comprehensive Plan since its original adoption in 1998 has singled this particular area as a focus for redevelopment. In fact, redevelopment of this particular area is one of three focus areas highlighted within the City of Aventura's Comprehensive Plan ("Comp Plan") for redevelopment as recognized with specific reference on numerous pages of the City of Aventura's Comprehensive Plan as highlighted on the attached as Exhibit "A". Bilzin Suniberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florid- Tel 305.374.75801 Fax 305.374.7593 1 hilzia.com EXHMIT 1 CPA2103-0001 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Can, March,,2021 Page 2 C� Bilzin Sumberg The Hospital District where the Property is located is one of three specific areas that were part of the City's focus for redevelopment since its incorporation. See Comprehensive Plan Page 6 attached as Exhibit "A." The area where the anticipated future application is located remains mostly undeveloped and has been historically characterized by fragmented ownership, misaligned and substandard platted streets in need of costly expansion and construction, and narrow platted lots, and an absence of incentives or development potential to justify the costs associated with development of the Property or to put it on par with developments east of Biscayne Boulevard, which enjoy water frontage, water views or sufficient developed infrastructure. B. City Comprehensive Plan: Historical and Current Promotion of Redevelopment of Hospital Area The objectives and policies of the original 1998 City of Aventura Comprehensive Plan emphasize within the very first page of text, and in the actual introduction, the need for redevelopment and upgrading of the hospital area. See Exhibit "A" Comprehensive Plan Page 4. The hospital area is not only the focus for redevelopment in the Introduction but various places throughout the Comprehensive Plan. The Future Land Use Element specifically identifies the hospital district as an area to be redeveloped. (See Exhibit "A", Comp Plan, Page 6.). Further, the City of Aventura Economic Development Component and Urban Design Elements, on Page 8 of the City of Aventura Comprehensive Plan, also specifically encourage the redevelopment of the hospital area. See Exhibit"A". While the remainder of the other areas identified in the City Comprehensive Plan as a focus for redevelopment have achieved the desired economic development and growth, those areas lie mainly east of Biscayne Boulevard, capitalizing on their natural attributes such as water frontage or water views or proximity to the mall, established roadway dedications and infrastructure or a core built-in residential density in the immediate area to support development. The Property that would be subject to a future application does not enjoy the same built-in natural attributes or infrastructure/roadway network to support development at the current limitations contained in the City Comprehensive Plan and land development regulations. The fragmented ownership compounded the obstacles to redevelopment, which required the acquisition of dozens of platted parcels under varied ownership over an extensive period of time. While most properties east of Biscayne Boulevard are comprised of a single lot or limited number of properties, the fragmented ownership has historically contributed to the other impediments to redevelopment. Further, the Property is not waterfront and not only does not provide the same development opportunities as waterfront or water-view properties, or areas where surrounding density already exists, but also has an insufficient roadway network in extensive need of dedication and costly redevelopment that has historically impeded its redevelopment. Proper development and alignment of NE 214 Street requires a total reconfiguration of the westbound intersection, extensive dedication for the lengthy anticipated roadway and a widening of the current street. Additionally, to properly enter the area given the angle of Biscayne Boulevard not only envisions the re-alignment of Northeast 214 Street, mast arms and coordination with the County and Florida Department of Transportation, but it has been determined that a southbound dedication and development of a deceleration lane along Biscayne Boulevard is required. Coupled with the dedication and widening of Northeast 214 Street into a proper east- MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 Page 3 C> Bilzin Sumberg west access, between Biscayne Boulevard and East Dixie Highway, substantial additional dedication and construction expenditures are required. C. Opportunity Zone Furthermore, the State of Florida specifically recognizes and identifies the area where the Property is located as an Opportunity Zone, recognizing the area is encouraged for growth and development. There are limited areas within the NE Dade corridor that have been identified as such areas, highlighting the focus on desired redevelopment in this section. D. Floor Area Ratio ("FAR") Limitations Currently, the City of Aventura Comprehensive Plan limits FAR on the Property to 2.0. As the City of Aventura is aware, Brightline Station is under construction and is be located on Biscayne Boulevard and Dixie Highway to the south of the Property. Based on the specific focus within the City of Aventura's Comprehensive Plan for the redevelopment of this area, which focus has been in excess of two decades, the fact that the Property has been identified as an opportunity zone, and the proposed increase in transit and the cost and expense of redeveloping this area, including the need to re-align the intersection of Biscayne Boulevard, and, in order to create a proper gateway for this area, we propose that the potential development of the Property be increased to allow for both the increase of floor area ratio and to recognize the residential development currently provided for under the City of Aventura Land Development Regulations under the Medical Office District zoning category for property designated Business and Office. The requested changes are to provide the flexibility needed to create a developable area that will support a balanced mixed-use development of office, commercial, hotel, and residential uses supportive of redevelopment of the area. In that regard, our client proposes modifications to the text of the Comprehensive Plan and is simultaneously filing an application to amend the corresponding Land Development Regulations as delineated under that separate application. E. A. Modification to the City of Aventura Comprehensive Plan, Future Land Use Element. The Business and Office subsection of the City of Aventura Future Land Use Element is located on Page 12 of the Comprehensive Plan. In order to promote redevelopment of this historically bypassed area, we propose two specific revisions to this section. The first revision is to Paragraph 1 to provide a maximum limit on residential uses as a conditional use in the corresponding Medical Office zoned portions of the Business and Office designated areas. We I propose inserting a sentence within the first paragraph of the Business and Office designation as follows: Residential uses on properties zoned MO, Medical Office, under the City's Land Development Regulations, including contiguous Business and Office designated properties developed as part of an approved comprehensive development agreement, may be permitted as a conditional use at a maximum density of 57 dwelling units per gross acre, as more specifically provided in the City's land development regulations. MIAMI 8104874.1 85247/91087 DocuSign Envelope►D:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 C3 Page 4 Bilzin Sumberg The second proposed modification to the Comprehensive Plan would be to Paragraph 3, of the Business and Office subsection on page 12 to provide for a maximum FAR of 2.49, as a conditional use. We are proposing two alternative ways to achieve this. One is to limit the additional intensity to developments that are required to dedicate a minimum of 35,000 square feet of land for public road construction purposes, and where the developer or owner would be constructing such road at the developer's or owner's expense. In the alternative, we propose the district language be modified to identify the specific area west of Biscayne Boulevard North of NE 214th Street, to provide for the maximum FAR of 2.49 as a conditional use. As noted above, development of the Property would require realignment, dedication and development of NE 214th Street, which will come at a very significant cost. NE 214 Street is an elongated road, stretching from Biscayne Boulevard to East Dixie Highway. The proposed change to the City of Aventura Comprehensive Plan is in recognition of the unique nature of this particular non-waterfront property, that has been long identified under the City Comprehensive Plan for redevelopment by providing the additional development incentives necessary to offset the cost of the roadway construction. The current text of the Comprehensive Plan provides: The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. We propose the text be modified either as: a. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development where the developer or owner provides for the construction of such road as part of the development at the developer's or owner's expense, shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March 1,2021 Page 5 C� Bilzin Sumberg In the alternative, option b for amended language is: b. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. with the exception of development in the portion of the Hospital North area located between Biscayne Boulevard and East Dixie Highway, north of the intersection where NE 213th/NE 214th Street intersects Biscayne Boulevard, which shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. F. Conclusion Based on the foregoing, and to implement the longstanding focus for redevelopment of this area specifically highlighted in the City of Aventura Comprehensive Plan, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305)350-2351. Very truly yours, Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104874.1 85247/91087 0 Q N ♦_ lil 0� �� r C h 1 i . 5 I � Z W M U � Kim 4, o Z 4L c v'U. Q ,. d H F--0 S F. O z W v I"� M W>N O 9W w ~ry ilia virF Qaz W a 1l�1III 3 — y��Ml{�� Sal gel Aventura District Development 21116 Proposed Zoning (2.49 FAR) Proposed ITE Land Use Number Daily AM Peak Hour PM Peak Hour Designation' of Units Site Vehicle Vehicle Trips Vehicle Trips Trips In Out Total In Out Total 40,108 SF East General Office Land Use Code: 710 17,500 SF Central 728 78 13 91 13 66 79 10,135 SF West 65,940 SF East Retail 78,090 SF Central 8,320 144 88 232 371 402 773 Land Use Code:820 17,240 SF West Multifamily Housing(High- 301,666 SF East Rise)693 Units 485,798 SF Central 2,942 50 157 207 149 95 244 Land Use Code:222 148,420 SF West Hotel 120 Rooms 77,000 SF East 928 32 22 54 33 31 64 Land Use Code:310 Assisted Living Facility(ALF) 120 Beds 97,420 SF Central 312 14 8 22 12 19 31 Land Use Code:254 Total Gross Trips 11,230 1 318 1 288 606 578 613 1 191 Internal Capture AM PM)- (5.6%,24.9%) -17 -17 -34 -148 -148 -296 Other Modes of Transportation 3 6.1% -18 -17 -35 -25 -28 -53 Retail Pass-by(PM)2 34% 0 0 0 -101 -101 -202 Net Proposed Zoning Trips 283 254 537 304 336 640 Existing Zoning (2.0 FAR) Daily AM Peak Hour PM Peak Hour Existing ITE Land Use Designation Number of Vehicle Vehicle Trips Vehicle Trips Units Trips In Out I Total In Out Total Medical Office 890,100 SF 34,110 1,219 344 F,563 845 2,174 3,019 Land Use Code: 720 Total Gross Trips 1 34,110 1,219 344 1 1,563 845 1 2,174 3,019 Other Modes of Trans ortation 6.1% -74 -21 -95 -52 1 -133 -185 Net Existing Zoning Trips 1,145 323 1,468 793 1 2,041 2,834 New External Trips AM Peak Hour PM Peak Hour Daily Vehicle Trips Vehicle Trips Vehicle Trips In Out Total In Out Total Proposed Zoning(2.49 FAR) 1 13,230 283 1 254 537 304 336 1 640 Existing Zoning 2.0 FAR 34,110 1.145 1 323 1 468 793 2 041 2 834 Difference -20,880 -862 -69 -931 -489 -1,705 -2,194 basea on 11 h t np ueneranon Hanat/ook,Jra La. tsasea on Ub census tract t.sq ana tocai cnatactensncs. BXRWIT CPA2103-0001 APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with')'applicable portions only) [ ]1. Aftiant does no have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X ]2. AfSant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L ShelW (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,cc-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; []Ill. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v, The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,0N.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; [X]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OFF FCC .2021. APPLICA PRESENTATIVE: By: Signature) Name: Brian S. flier (Print) Tdie: Attomev (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE j Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant who being first by me du swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Brian S.Adler SWORN TO AND SUBSCRIBED before me thisJ_day of.���e 21. C Notary Public Stalld J4,9 e iQ 4 Printed Name of Notary My commission expires: 4P....ZNV6 ELIZABETH ORTIZ • * CCmminlon/GG 277511 +�o A` ear.d nw December 17,2022 pire Mohr sovkes MIAMI 7503286.2 85247/91087 h ° BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(bK2)(11)of the City of Aventura Land Development Code. The undersigrted Affiant hereby discloses that. (mark with'x'applicable portions only) (XJ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appiication will be presented. ( )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [)I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; [j ii. Member of City Commission or Board Is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [)iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; ()vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS M DAY OF nAw-ft 2021. APPLIC VNTATIVE: By. (Signature) By. (Srjnature) Namvllemardo Rieber (Print) Name: Maxine Lambert (Pr1ntJ Tit Applicant Representative (Print) Title: Architect (Prrntl 8Y (Signature) Name: Bernardo Fo1 (Print) rd* Arcftttect (Print) By. (Sfgneture) Name: Daniel Fordn.Jr. (Prim() Title: Survevod6udmeer (Print) PROPERTY OWNER: By (Signature) Name; Fidel Zablk fPrir�j Tide Apd*ad (Print) 'The terms Business Relationship,'°Client'"Customer,""Applicant,'`Representative'and'Interested Pierson'are defined in Section 2-395 of the Aventurs City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MW -DADE) Before me,the undersigned authority,personally appeared Berurdo Rlaber,the Affianl,who being first by me duly swom,did swear or affirm that he/she executed this Affldevit for the purposes stated therein and that it Is true and correct. A9111AT SWORN TO AND SUBSCRIBED before me this Q day cf nAQUt ,202 . �W.�ralr �i►�. ANC tETTA JURADO BLANCOJ,. Fbri��. �'. Not Public•State of Florida N i Commission 0 GG 258592 My Comm.Expires Sep 13,2022 Printed Name of Notary Bonded through National Notary Assn. My cornmiaeion expires:j P Eb,,2--yy����4�' STATE OF FLORIDA ) COUNTY OF MIANZADE) Before me,the undersigned authority,personally appeared Bernardo Fart, the Afilant,who being first by me duly swom,did swear or affirm that harshe executed this Affidavit for the purposes stated therein and that it Is true and car,ecL AFFIANT SWORN TO AND SUBSCRIBED before me this_day of _ .2021, Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MWM MADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated Bnereirn and that ft is inns and convot AFFIANT SWORN TOAND SUBSCRIBED before metlib—day of .2021• Notary Public State of Fonda At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DARE) Before me,the undersigned authority,personally appeared Maine LambeR, the Afflant,who being first by me duty swan,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and owed AFFIANT SWORN TO AND SUBSCRIBED before me this_„day of .2021. Notary Public State of Florida At Large Printed Nerne of Notary MIAMI 7483925.3 85247/91087 2 0 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2yii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [X]4. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; [J It. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or ON venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professbnal working from the same office or for the same employer as the member of the City Ccmm;esicn or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(oar of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative In a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: BY— BY rs~) Narwe: Bernardo Rieber (Ah>y Name: Mmft LM tbert (Print) Title: Aodicant Rewasenildve (Print) Title: Ard tted (Pa1rM) BY Signature) Nwne:_ (P. 0 Title: (Print) BY __.,. 4 (Signature) N Daniel Fortin.Jr. (Print) Tit . Surveyor/Enaineer (Print) PROPERTY OWNER: BY, rswStura) Now. Fldd Zabik rPHrat) Tttt: Anclftct (Pr1W) 'The terms Business Relationship,''Client,'"Customer,"Applicant,"Representative'and`Interested Person'are defined In Sedion 2-395 of the Aventure City Code, MIAMI 7483925.3 95247/91087 STATE OF FLORIDA ) f` COUNTY OF MIAMI-DADS) Beka me,the undersigned authority,peraorially appeamd Rarriel Fortin.Jr., the Aftnt,who first iby — m,did or affirm that he/she executed this Affidavit for the purposes stated therein and that k is We and coned. L AFFIANT SWORN TO AND S '202 L . NCOV t40ao titw of FkxidaSuw P.Key IL My Car,,,ni. 6p o7pp4a M�uy Pubk of F�AtLo" �4 ExVM ONOeR0224 r > a� Printed Name of Nary „i �,/ My commission expiros: O V 0 r WITNESS MY HAND THIS DAY OF ,2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Sipn9m) By fSi�aturs) Name: Bemardc Bieber (Print) Name: Friel Zabik (PrNft) Title: Auftrized ReDresentobve (Print) True: Architect (Print) By. By. lSigflaflme) Name: K (Print) Name: Maxine Lambert (Print) Title: nt) Title: Architect (Print) B ' 0,4 __. gnature) BY (Sur+e) ZName: Daniel Fortkl.Jr. (Prink Name: fPrayff) Title: Surveyor i Engineer (Print) Title: fPdnt) By, !ft rdt") By: ( ►'e) Name: (P" Name: fPrmtl Title: !Print) Title: lPrrnt) ay: !Signature) By, rSigrure) Name: lP*o Name: (Pit Tkle ff Title: fPt�irtt) Br fsignalue) By: signat'ra►e) Name: IA" Name: lPnht) Title Part) Title' fPftitt) NOTE: 1) Use duplicate sheets if disclosure Information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the applicaticn by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247/91087 3 �R BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Cale. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 12021. APPLICANT REPRESENTATIVE: By: (Signature) By: ! _ (Signature) Name: Bernardo Rieber (Print) Na Maxine Lambert (Print) Title: A.-plicantRepresentative (Prat) Title: Architect (Print) By: ��Sigrrafura) Name r ort Prirttj Title: Archi (Print) By: (Signature) Name. Daniel Fortin.Jr. (Print) Title: Surveyor/Engineer (Print) l PROPERTY 0 NER. By (Signature) Nam : i I ik Printj Title:! Arch' (Print) *The t MIS "Business Relationship,""Client,""Customer,""Applicant,""Representative"and"Interested Person"are defined in Seca n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personalty appeared BemaMo Riaber,the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this^day of .2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires, STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) 00 Before me,the undersigned authority,personally appeared Bernerdo Fart the Afflant being first by me d ly away iAd s r or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF 4940 SWORN TO AND SUBSCRIBED before me thday of. _,2021. de f MONtCA DELMONTEFloridalloa¢ry Pubic S of bride qt l,drga i!\ # Notary public•State of F /Wdru� iNtlplr117�G Commssion a HH 46669 Prod Name of Notary ors My Comm.Expires Sep V.IOZ4 my commission expirm m�Banded throush National Notary Assn, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zablk, the Aifient,who berg first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 1- AF SWORN TO AND SUBSCRIBED before me fides dry Gel 2021. "'t• MONICA DELMONTE Nogyy Pubtic ytof)lorida A Lame N Notary public.State of Florida .. M Commission a HH 46669 Printed Name of Notary y Comm.Expires Sep 27.2024 My commission expires:1� "8onded throush National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Affiant,who being first by me duly swom,did swear or affirm that he/she exearted this Affidavit for the purposes stated therein and that it Is true and corrwL SWORN TO AND bebre me tt4_1 dayof, '2021. `•MONICA DELMONTE Notggr Public t pride At ar e Notary public•State of Florida f-1 Commission N HH 46669 Printed Norse of Notary „ ry My Comm.Expires Sep 27,2024 My cxxnmission exp . %+ 2 Bonded throush National Notary Assn. MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES WITH DENSITY NOT EXCEEDING 57 DWELLING UNITS PER ACRE IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE USE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through Application No. CPA2103-0001, has made application to the City of Aventura to amend Policy 2.2, Objective 2 of the Land Use Goal in the Future Land Use Element of the Plan to: (1) add residential uses, with density not exceeding 57 dwelling units per acre, to the Business and Office land use category, for properties zoned MO, Medical Office District, and contiguous Business and Office designated lands developed as part of an approved development agreement; and (2) permit an increased floor area for developments that dedicate certain lands to the City of Aventura ("City")for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; and WHEREAS, the applicant, through Application No. LDR2103-0001, has made concurrent application to the City to amend Section 31-144(a) and (f) of the City's Land Development Regulations to allow increased density and floor area ratio to implement the above described amendments to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend Policy 2.2 of Objective 2 of the Land Use Goal in the Future Land Use Element to: (1) add residential uses, with density not exceeding 57 dwelling units per acre to the Business and Office land use category for properties zoned MO, Medical Office District, and contiguous Business and Office designated lands developed as part of an approved City of Aventura Ordinance No. 2021- development agreement; and (2) permit an increased floor area for developments that dedicate certain lands to the City for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy 2.2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.2 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Business and Office This category accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. City of Aventura Ordinance No. 2021- within the land development regulations. Residential uses with densit not exceedin 57 dwelling units per acre on properties zoned MO. Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self-contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center(MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense, shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. Section 3. Severability. That 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 4. Condition. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. City of Aventura Ordinance No. 2021- Section 5. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 6. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Evans and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (9L City Manager BY: Joanne Carr, AICP J-(AW Community Development Director DATE: April 2, 2021 SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to Section 31-144(a) and (0, Medical Office (MO) District of the City's Land Development Regulations to Permit Multifamily Residential Uses with a Maximum Density of 57 Dwelling Units per Acre and a Maximum Floor Area Ratio of 2.49 for Developments that Dedicate Land for Public Road Purposes and Construct the Road at the Owner's or Developer's Expense, both Subject to Conditional Use Approval City Case File No. LDR2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 4C April 6, 2021 City Commission Meeting Agenda Item 7B June 1, 2021 City Commission Meeting Agenda Item 8D RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144(a) and (f), Medical Office (MO) District of the City's Land Development Regulations ("LDRs") to permit multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval, upon the condition that the concurrent application for amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura Comprehensive Plan, as transmitted under Section 163.3184 of the Florida Statutes, becomes effective. THE REQUEST The applicant,Aventura North Distrikt Developments LLC, is requesting an amendment to the Medical Office (MO) District zoning regulations in the City's LDRs to allow multifamily residential uses and increased floor area ratio for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to 1 conditional use approval. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND The applicant has proposed a mixed-use project on property lying between Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The proposed project is a combination of multifamily residential/hotel/office/retail and an assisted living facility uses within 12.50 acres of land. A rendering of the development is attached as Exhibit #2 to this staff report. The applicant is requesting increased density and increased intensity for this project. Approval of an amendment to the Medical Office (MO) District zoning category in the LDRs is required to attain those increases. The proposed LDR language allows the requested increase in number of dwelling units and floor area ratio on the conditions that- (1) a minimum of 35,000 square feet of land is dedicated to the City for public road purposes; and (2) the owner or developer constructs the road at its expense; and (3) the development permit be obtained within 24 months of the date of conditional use approval, similar to other previously approved amendments to the Medical Office zoning district. The proposal also requires an amendment to the Business and Office Land Use Category in the Future Land Use Element of the City's Comprehensive Plan. The applicant has submitted its application for amendment to the text of the Comprehensive Plan. That application will be heard concurrently with this application for amendment to the Land Development Regulations. Section 163.3184 provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted becoming effective. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENTS' CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE I . ® USE REGULATIONS Underlined text indicates insertions. Stricken-through text indicates deletions. 2 Sec. 31-144. ® Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts 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. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of_certain portions of the Medical Office (MO) District in which floor area ratio shall not exceed a maximum--of--2.49- as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) 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: a. Business-related schools. b. Except as forth under subsection r. belo_wmMulti-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. 3 ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to be consistent with the proposed Comprehensive Plan text amendment and to implement the requested revision to the Land Development Regulations. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of combined residential and commercial development contemplated by the proposed amendment to the Business and Office land use designation in the Future Land Use Element of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Medical Office District. 4 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-4576A94EDFB93 14" C4 Bilzin Sumberg Brian S.Adler,Esq. 305.350.2351 305.351.2206 badler(ftilzin.com March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request Amendments to Sections 31-144(a) and (f), MO District Land Development Regulations Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend Sections 31- 144(a) and (f) of the City of Aventura Land Development Regulations of the City of Aventura Medical Office ("MO")Zoning District. A. The Provertv The property is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property").This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. Simultaneous with this application to amend the land development regulations, our client is submitting an application to amend the text of the City of Aventura Comprehensive Plan to increase the maximum Floor Area Ratio form 2.0 to 2.49 based on limited circumstances. The letter accompanying the amendment to the Comprehensive Plan is incorporated into this application by reference. B. Modification to City of Aventura Land Development Regulations Medical Office ("MO") District. To implement the Comprehensive Plan policies outlined in the companion application to amend the text of the Comprehensive Plan, we propose modifications to Section 31-144(a) and (f) of the "MO", Medical Office District. Specifically, we propose to reflect the potential to increase the FAR to 2.49 in subsection (a) and the creation of section 31-144(f)(2)(r), which would only apply to developments dedicating a minimum of 35,000 square of public roads for Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345r Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:BD6B78BD-3FFA-4AB5- -576A94EDFB93 ,. Ms.Joanne Carr March 1,2021 Page 2 C-4 Bilzin Sumberg construction purposes, where the owner or developer will construct the road, to allow for increase intensity, including an increased FAR ratio of 2.49, and an increased density not to exceed 57 dwelling units per acre. In order to promote the incorporation of retail, hotel, and office development within the area, the requested increase in residential density is needed to bring the core residences within walking distance or close proximate to the other uses within this area, such that it can attract uses such as a grocery stores and hotels and additional office uses, while providing housing within walking distance for the established medical uses to the south. The exiting medical facilities have extensive staff could benefit by nearby housing within walking distance to the existing and future office and service uses within the area. The increased density will allow potential residents to avail themselves of the proposed convenient residences while attracting the other companion types of uses, such as the office, retail, etc. Attached to this letter is an exhibit reflecting the proposed modifications to the Code. C. Proposed Development As part of this request we are attaching a representative plan of what our client would be seeking, which includes structures of varying height up to a maximum of 20 stories, with an FAR of 2.49 and 57 dwelling units per acre. The plan also reflects the anticipated realignment of the dedicated and vacated rights of way in order to realign the entrance to the area from Biscayne Boulevard to East Dixie Highway and to close portions of NE 214th Terrace and NE 29th Court to allow for NE 214th Street to serve as the main east-west roadway. D. Conclusion Based on the foregoing, and to implement the remaining focus area for redevelopment as specifically highlighted in the City of Aventura comprehensive plan that has existed for over twenty (20) years, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305) 350-2351. Very truly yours, 15ViaJA. S, Qd.V Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104875.1 85247/91087 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-9 76A94EDFB93 Ms.Joanne Carr 1 March e CO 2021 Page 3 Bilzin Sumberg P Sec. 31-144. - Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts 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. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0.with the exception of certain portions of the Medical Office district.which FAR shall not exceed the maximum of 2.49, as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) 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: a. Business-related schools. b. Except as set forth under subsection (r) below, multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1.0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate to the City a minimum of 35,000 square feet for public road construction purposes and construct the road at the developer's expense, increased FAR not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two (2) or more phases, the phasing provisions of Section 31-79(i) shall apply after the twenty-four (24) month period provided in this Section. MIAMI 8104875.1 85247/91087 O � � .f § /f � \ \ . . o Ar U oil . .� @ R ! � § cl)ZZ 22 § ■|...�,; � M O §Q$, zw§ >w� 12aflf� «c z !�!||�| ` �'. i `■ g■eil � [ �� ,U ` — H| ��! n • ] � | N ■gHE � � |. | ■||| ; ) �.| , ^ §�| ■ || .|.|, '| ■ �|§||||■ APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, e_ x, BUSINESS RELATIONSHIP AFFIDAVIT* a al oJPa<l This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [ ]1. Affiant does_U have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L Shelley (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; [)III. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []V. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; (X]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF lC h 2021. APPLICA PRESENTATIVE: By: (signature) Name: Brian S, dler (Print) Tdle: Adw*v (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE } Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant,who being first by me du sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct Brian S.Adler SWORN TO AND SUBSCRIBED before me this day of�21. Notary Public S f ~t-,v re/A 4 Printed Name of Notary My commission explree: ELIZABETHORTIZ • * Commisslon#GG 211511 ~�oFA�P�e Expires a1IMdmM1e11�yrblyleMY101t MIAMI 7503286.2 85247/91087 raa+' � BUSINESS RELATIONSHIP AFFIDAVIT* �'41 N This Aft!davih is made pursuant to Section 31-71(b)(2Kii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x*applicable portions only) [Xj f. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI, Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; (J li. Member of City Commission or Board is a partner,co-sharehoW(as to shares of a corporal.bn which+are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Rep mnlebve in any business venture; (j IN. The Applicant or Representative is a Client of a member of the City Commission or Board or a Cllen(of another professional working from the same office or for the same employer as the member of the City Commission or Board; [J iv. A City Commissioner or Board member is a Ghent of the Applicant or Representative; (j v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her empk)yer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [j vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative In a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: iSlgnsturs) BY (Signature) Norm Bernardo Rieber (Pr" Name: Maxine Lambert (Prhrt) Title; Aodimit Representative (Prhrt) Title: Ardfact (Print) By. _, lSignature) Nerve; F ---2" (Print) TTtle: (Print) 8y. �`�� (Signature) N Daniel Fortin.Jr. (Print) rd.- SurveY4r/Erlgrneer (Print) PROPERTY OWNER: BY lSighnature) Nwft, F WZahik 1Pnhf) Title- Archhod (Prlyd) 'The terms'Business Relationship,'"Client,"Customer,*'Applicant,"Representative'and`Interested Person"are defined in Section 2-395 of the Aventura City Code, I IMIAMI 7483925.3 85247/91087 STATE OF FLORIDA I COUNTY OF MIAMI DADS) Before me,the undersigned autho .personalty appeared Daniel Fortin.Jr., the Aplant,who tUstby rtis3L� m,did or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and coned AFFIANT d . SWORN TO AND S kld 2021, r� Notary Pubic suit ar Flood. suaan P.ic.y . 4 My Commissim GG t♦7DW hlg�8ry Public of F7Vy—io�—Jej Law .. EMirm osuoer=4 Prirtlad Ntuna of NoMryMy abnexpkaa: r WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By. (signstrae) BY (S[pnature) Name: Bernardo Reber (Print) Name: Fides Zabik (Prfrrt) Tide:`6,uthorlud Representative (Print) Title: Archited (Print) 8Y isJgr m") By: ondurs) Name: (Print) Name: Maxine Lambert (Print) Title: chitect ( rintJ Title: Architect (Print) y B 9nature) BY (S+910m) /Name: Daniel Fortin.Jr. (Print) Name: (R►" L'Title: SuDgyM!�ng(nffiL_ {Print) Title: (Arirrt) BY (W@t") By- Name: (Prhrt} Name: fPW) Title' Title: lP►►urrt) BY (Sign0m) By: tSignetureJ Name: —JAW) Name: (Print) Tide (P►fitt) Tide: (Prir1� By: oriafure) By: (Signmata) Name: (P" Name: (F tt) Tide (mi) Tde' P" NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7493925.3 85247/91097 3 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City of Aventura Land Development Code. The underaigned Affiarh hereby discloses that: (mark wfth'x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( 12. Affiant hereby discloses that It does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: 011.1. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, []A. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF� _ ,2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rleber (Print) Namil.1 Maxine Lambert (Print) Tide: Aoolicant Representative {Print) Title: Architect (Print) By _1SignaturaJ Na Port (Prrrtr) Titre: Arahi (Print) By: ! ) Name: ' 1 Eg!%Jr. -(fit) rrtle: SurvevorlEnarreer (Pry I PROPERTY 0 NER: By (Signature) Name: 1 1 k Print) Tide: h' (Print) *The rms'Business Relationship,"Client,'`Customer,*'Appikant,""Representative"and"Interested Person"are defined in Seal n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Beffwdo R the Af lant,who being first by me duly swum,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and cored. AFr"IAN? SWORN TO AND SUBSCRIBED before me this—day of .2021. Notary Public State of Florida Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared BerneWo Fat the Affian6 being first by me d ly swom ss+ r or ar�� ffirm that ttels�ph exeabed this Affidavit for the purposes stated therein and that R is true and correct. `��e— AF SWORN TO AND SUBSCRIBED before me thdey of ,2021. MONICA DELMONTE N�@�Y Pubfic S of lorida t rge .I Notary Public-State of Florida MCrM, I f Commission I HH 46669 Prlrtlod Name of No" •,a„,� My Comm.Expires Sep 27,2024 My ow mis"a �{� Bonded throu;h National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel iabik, the Affient,who be first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFF SWORN TO AND SUBSCRIBED before me fte—dry l A ,2021. .....'w MONICA DELMONTE No Pubic jgof Florloa A�Lar�e 1 Notary Public-State of Florida 23GjY1ROMt M Commis "0 HN 46669 Printed Name of Notary y Comm.Expires sop 27,2024 My commission expires:g Bonded throuOh National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Af lant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and correct _, } n� AFFOW ._����1 r SWORN TO AND SLMSCRKD b*m me»day of.,A"_,2021. `• MONICA DELMONTE NOW Public Statergl Florida At arge )i Notary public-State of Florida� prNt lh ]/d Vf Commission N HH 46669 Printed Name of Notary r4. My Comm.Expires Sep 27,2024 My COrtenlealOm expbes Z� Z Bonded through National Notary Assn, MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE", AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through Application No. LDR2103-0001, is requesting an amendment to Section 31-144(a) "Business Zoning Districts" and Section 31-144(f), "Medical Office (MO) District" of Chapter 31, "Land Development Regulations" (the "LDRs") of the Code of Ordinances ("City Code") to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's or developer's expense; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-144 of the City Code to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's of developer's expense is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; 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 Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Sections 31-144(a) and (f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2021- 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. Section 31-144(a) "Purpose" and Section 31- 144(f) "Medical Office (MO) District of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows': CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE I . ® USE REGULATIONS Sec. 1®1 . — Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts 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. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of certain portions of the Medical Office ( 0) District in which floor area ratio shall not exceed a maximum of 2.49 as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) 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 ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 202 1-— 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: a. Business-related schools. b. Exceptasset forth under subsection r. below, Multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. Section 3. Severabillity. 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 4. Conditions. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 5. 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 Page 3 of 5 City of Aventura Ordinance No. 2021- renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon the Comprehensive Plan Amendment filed under Application No. 02-CPA-18, as transmitted to the Florida Department of Economic Opportunity, becoming effective under the provisions of Section 163.3184 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner Evans, who moved its adoption on first reading. This motion was seconded by Commissioner Friedland and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2021. Page 5 of 5