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01-04-2022 Regular Commission Meeting Agenda
City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Rachel S.Friedland,Vice Mayor City Clerk Jonathan Evans,Commissioner Ellisa L.Horvath,MMC Denise Landman,Commissioner Dr.Linda Marlys,Commissioner City Attorney Marc Narotsky,Commissioner C, Weiss Scrota Heifman Robert Shelley,Con-unissioner Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA JANUARY 4, 2022 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: • Employee Service Awards - None • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 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: • November 2, 2021 City Commission Regular Meeting • November 4, 2021 City Commission Regular Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN ADDENDUM TO THE CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, P.A.; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda January 4, 2022 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 22-11-02- 3, AVENTURA HIGH SCHOOL MARQUEE SIGN, TO TIGO, INC. DBA EXPOSE YOURSELF AT THE BID PRICE OF $99,900.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DESIGNATING PUBLIC WORKS EMPLOYEES AS FIRST RESPONDERS AS FEDERALLY MANDATED; AUTHORIZING THE USE OF THE PUBLIC WORKS RESPONDER SYMBOL AS ADOPTED BY THE NATIONAL PUBLIC WORKS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 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. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THIRD AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS,INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE DISSOLUTION OF THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 1. MOTION TO APPROVE THE RESURFACING OF 183RD STREET BETWEEN BISCAYNE BOULEVARD AND NE 315t AVENUE, AT A COST NOT TO EXCEED $170,000 DOLLARS,UTILIZING THE SERVICES OF THE MIAMI-DADE COUNTY WATER AND SEWER PROJECT CONTRACTOR PABON ENGINEERING INC. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISIONERS TO UPHOLD THE RECOMMENDATIONS OF COUNTY STAFF AND DENY AND NOT TRANSMIT CDMP AMENDMENT APPLICATION CDMP20210003; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 5 Aventura City Commission Regular Meeting Agenda January 4, 2022 K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: 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. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A HEIGHT OF 21 STORIES FOR A MULTIFAMILY RESIDENTIAL BUILDING AND 15 STORIES FOR AN OFFICE BUILDING,WHERE THE CITY CODE PERMITS 10 STORIES, AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2) FOR PROPOSED LIVEIWORK UNITS, WHERE THE CITY CODE OTHERWISE ALLOWS UNITS TO BE EITHER COMMERCIAL OR RESIDENTIAL, BUT NOT BOTH; AND (3) TO PERMIT 1,735 PARKING SPACES, WHERE 1,891 SPACES IS REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801 — 20807 BISCAYNE BLVD.; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF ORDINANCES, TO PERMIT (1)A FLOOR AREA RATIO OF 2.85,WHERE THE CITY CODE PERMITS 2.0,AND (2)LOT COVERAGE OF 53%,WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40%, FOR AN ASSISTED LIVING FACILITY TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM LOCATED AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING SECTION 18-42 "TAX SCHEDULE"; BY PROVIDING AN INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 5 Aventura City Commission Regular Meeting Agenda January 4, 2022 B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE,BY CREATING CITY CODE SECTION 2-3"CRIMINAL HISTORY RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,REPEALING AND REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT Page 4 of 5 Aventura City Commission Regular Meeting Agenda January 4, 2022 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 at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—JANUARY 20,2022 AT 9 AM COMMISSION REGULAR MEETING—FEBRUARY 1,2022 AT 6 PM COMMISSION REGULAR WORKSHOP—FEBRUARY 17,2022 AT 9 AM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 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 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: December 29, 2021 SUBJECT: Approval of Minutes January 4, 2022 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 November. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • November 2, 2021 City Commission Regular Meeting • November 4, 2021 City Commission Regular Workshop Meeting Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES NOVEMBER 2, 2021 Following 6:00 p.m. Local Planning Agency Meeting 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 6:15 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Alan L. Gabriel. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. ELECTION OF VICE MAYOR: Mayor Weisman reviewed the correct seat rotation order that should be followed (6, 3, 4, 5, 1, 2), based on the format since November 2016. A nomination was made by Commissioner Dr. Marks and seconded by Commissioner Friedland to elect Commissioner Friedland (Seat 5), since Seat 5 had been skipped. A nomination was made by Commission Narotsky to elect Commissioner Landman (Seat 2), graciously declined by Commissioner Landman, and subsequently withdrawn by Commissioner Narotsky. 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 Friedland 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. Aventura City Commission Regular Meeting Minutes November 2, 2021 5. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented Detective Daniel Marti (10 years) with a recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Presentation of Proclamation: Mayor Weisman, accompanied by the City Commissioners, presented Chief Bryan Pegues with a proclamation in recognition of his years of service in the Police Department, as well as his new role as Assistant City Manager. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala, accompanied by student Tristan Balea, provided a brief report on ACES. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by students Ethan Bazak and Hlib Panfilov, provided a brief report on DSAHS. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. Commissioner Narotsky requested the removal of Item 6C and Commissioner Dr. Marks requested the removal of Item 6D. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • October 5, 2021 City Commission Regular Meeting • October 21, 2021 City Commission Special Meeting • October 21, 2021 City Commission Regular Workshop Meeting B. Resolution No. 2021-59 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE REAPPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. C. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2022 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER Page 2 of 7 Aventura City Commission Regular Meeting Minutes November 2, 2021 TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AN ALLOCATION OF $18,525,074.00 IN CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S.DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT; APPROVING AN AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Item 6C: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2022 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution (adopting the items of the Legislative Program, excluding Item #11) was offered by Commissioner Shelley and seconded by Commissioner Evans. Mr. Wasson provided a brief overview of the items included in the program and priorities. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Resolution (excluding item #11) passed unanimously, by roll call vote. Commissioner Narotsky recused himself from voting on Item #11 of the Legislative Program, due to a conflict, and left the meeting.' Mrs. Horvath read item #11 (Amend Safe Harbor provisions). Mr. Wasson reviewed the item. A motion to approve the Resolution (as to solely the portion adopting Item #11 of the Legislative Program) was offered by Commissioner Landman and seconded by Vice Mayor Friedland. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The Memorandum of Voting Conflict(Form 8B)for Commissioner Narotsky is attached to the minutes as required. Page 3 of 7 Aventura City Commission Regular Meeting Minutes November 2, 2021 The motion for approval of the Resolution (Item #11) passed unanimously by roll call vote and Resolution No. 2021-60 was adopted. Commissioner Narotsky returned to the meeting. Item 61): Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AN ALLOCATION OF $18,525,074.00 IN CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S.DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT; APPROVING AN AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Evans and seconded by Commissioner Shelley. Mr. Wasson reviewed the details of the agreement. The Commission provided comments on the money the City is receiving to enhance the community. Mr. Wasson will provide the Commission with the rules/regulations regarding the items that the money can be spent on, along with a suggested written plan, for discussion and Commission input at the January Commission Workshop. 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 passed unanimously, by roll call vote, and Resolution No. 2021-61 was adopted. 7. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: ORDINANCE - SECOND READING: Mrs. Horvath read the following Ordinance title: 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 2.30+/- ACRE PARCEL OF LAND LOCATED NORTH OF NE 214 STREET BETWEEN BISCAYNE BOULEVARD AND NE 29TH COURT, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 7 Aventura City Commission Regular Meeting Minutes November 2, 2021 Mr. Wasson requested that the item be continued to January 4, 2022 at 6:00 p.m., in order for the applicant to work on additional items with the City. A motion to continue the item to January 4, 2022 at 6:00 p.m. was offered by Vice Mayor Friedland, seconded by Commissioner Evans, and passed unanimously, by roll call vote. 8. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Evans. Community Development Director Keven Klopp incorporated the staff report, comments and documents provided at the November 2, 2021 Local Planning Agency meeting into the record by reference and explained the hearing process. 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. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL; 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 Vice Mayor Friedland and seconded by Commissioner Shelley. Mr. Wasson reviewed the item and recommended approval. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Page 5 of 7 Aventura City Commission Regular Meeting Minutes November 2, 2021 The motion for approval of the Ordinance passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title- C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson explained the Ordinance and reviewed the amended budget items. 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. ORDINANCE - SECOND READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36- 22 "DEFINITIONS"; BY AMENDING 36-27 "BUY-BACK FOR MILITARY SERVICE" TO EXPAND BUY-BACK OF SERVICE CREDITS TO INCLUDE LAW ENFORCEMENT AND CORRECTIONAL OFFICER SERVICE; PROVIDING FOR REPEAL; 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 Shelley and seconded by Vice Mayor Friedland. Mr. Wasson reviewed the Ordinance, which was recommended for approval. The Commission discussed and provided further clarification on the item. 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. 2021-20 was adopted. Page 6 of 7 Aventura City Commission Regular Meeting Minutes November 2, 2021 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Commissioner Narotsky encouraged attendance at the upcoming Veteran's Day Ceremony at Government Center on November 11tn Commissioner Landman encouraged attendance at the upcoming 26t" Annual Founders Day on November 7t" at Founders Park. Commissioner Dr. Marks provided a brief update on the recent Commission Liaison Meeting including the encouragement of vaccinations for children, the importance of education, and the process to provide room for additional students at the schools. Vice Mayor Friedland reported that COVID-19 vaccinations and boosters would be available at the Founders Day event. 12. PUBLIC COMMENTS: Mayor Weisman acknowledged the receipt of numerous letters from residents regarding construction projects, which Mr. Wasson was in the process of responding to. The following members of the public provided comments: Joel Grossman (19101 Mystic Pointe Drive #2002, Aventura), Tony Tedesco (19101 Mystic Pointe Drive #2903, Aventura), Linda "Susie" Shwake (3600 Mystic Pointe Drive #302, Aventura), Paulette Bronstein (19101 Mystic Pointe Drive #2808, Aventura), Linda Timmons (3500 Mystic Pointe Drive #1408, Aventura), Paul Jacobson (19195 Mystic Pointe Drive #2202, Aventura), Leo Sushner (3600 Mystic Pointe Drive #1712, Aventura), and Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301, 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 7:31 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 4, 2022. Page 7 of 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Narotsky, Marc E Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 19200 W. Country Club Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY M CITY ❑COUNTY ❑OTHER LOCALAGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY POSITION IS: November 2, 2021 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Marc E. Narotsky , hereby disclose that on November 2 20 21 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, s ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Agenda Item 6C-#11 of the 2022 Legislative Progam and Priorities List is related to my professional activities as a neutral third party mediator. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date iled Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES NOVEMBER 4, 2021 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Rachel S. Friedland, Commissioner Jonathan Evans, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley', City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. Update: On Demand Transportation Service — Freebee (City Manager): Mr. Wasson introduced the item and provided a brief overview of the positive response to the program. Jason Spiegel, Managing Partner — Freebee, reviewed a presentation titled "Freebee Aventura Innovative & Proven, First & Last Mile Transportation Solution" covering the following items: Goals & Objectives of On-Demand Program, Completed Rides & Ridership, Who's Riding Freebee, Top Pick-Up Locations, Top Drop-Off Locations, Challenge:Wait Times, Demand by Hour, Recommendations, and System Improvements & Enhancements. The recommendations included the addition of 2-4 vehicles, no restrictions on Geofence, and the use of Tesla Model X vehicles. The Commission discussed the following: studies for unbiased information on traffic, having a hybrid system with Freebee and the shuttle circulator bus through a phasing process, funding to be used, current vehicles used versus the Tesla Model X vehicles, the current agreement and data from the bus company, the report provided by Howard Weinberg, cost analysis, review of ridership data, and the effects of the upcoming Brightline station. Evan Ross, Communications Consultant — Public Communicators Group, LLC, provided suggestions on ways of educating the residents about the program. Comments were provided by former Commissioners Howard Weinberg and Michael Stern regarding a report given to Mr. Wasson and the Commission. ' Participated via virtual communications media technology. Aventura City Commission Regular Workshop Meeting Minutes—November 4, 2021 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide a report at the January Commission Workshop on the recommended amount of additional Freebee vehicles and circulation routes, data from the current bus company regarding ridership, etc., discussions with Florida International University regarding the possibility of a traffic pattern analysis, and a recommended plan to reduce the circulator bus. Per the request of Mayor Weisman and consensus of the City Commission, Item 4 was taken out order: 4. Update: Don Soffer Aventura High School Foundation (City Manager): Mayor Weisman thanked the members of the Foundation Board for serving and the decision to to restructure the Foundation. Cindy Orlinsky, DSAHS Foundation Board Chair, provided an update on the Board's accomplishments and future projects and agreed with the need to restructure the Board to increase the efficiency that had been limited due to requirements of the sunshine law, etc. Mr. Meyers provided information on the discussion to dissolve the Board, with it then being up to a new group to re-organize, etc. thereby removing the City from the process. City Manager Summary: Consensus was provided to proceed with dissolving the Foundation. 3. Proposed Changes to the 2022 Meeting Schedules for the Aventura City of Excellence School (ACES) and the Don Soffer Aventura High School (DSAHS) Governing Boards (City Manager): Mr. Wasson reviewed the list of proposed changes to the meeting schedules. The Commission discussed the proposed schedules and various other dates/times. City Manager Summary: It was the consensus of the City Commission to proceed with the schedule as follows: February 1, 2022 at 4:00 p.m., with the remaining schedule to tentatively be May 19, 2022 at 9:00 a.m., July 21, 2022 at 9:00 a.m., and September 22, 2022 at 9:00 a.m., with the possibility of them being changed to 4:00 p.m. prior to Commission Meetings should that work better. 5. Update: Impact Fees(City Manager): Mr.Wasson reviewed the recommendation provided in the agenda regarding the payment of impact fees by new developments and to provide suggested modifications to the current impact fees following an analysis. Community Development Director Keven Klopp explained the level of service, Capital Improvement Plan, and the need for an internal analysis to determine the sufficiency of the current fees. Mr. Meyers provided information on the City's ability to create a new impact fee and the process to do so. Page 2 of 4 Aventura City Commission Regular Workshop Meeting Minutes—November 4, 2021 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson and Mr. Klopp to proceed with the items as recommended and to provide a report on the internal analysis in March 2022. 6. Update: Business Tax Receipts (City Manager): Mr. Wasson reviewed the recommendation for the City Commission to direct the City Manager, City Attorney, and Community Development Department to provide a plan for a 5% increase in the City's business tax rates for Fiscal Year 2023, which hadn't been increased since 2008. City Manager Summary: It was the consensus of the City Commission to proceed with the City Manager's recommendation through the placement of an Ordinance on the Commission Meeting Agenda. 7. Discussion: Campaign Donations (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the City's current prohibition on City Commission candidates accepting campaign contributions from City vendors and suggested that it be reviewed. Mr. Meyers provided information on the laws and vendor restrictions, the limited number of municipalities with something similar in place, and the policy decision of the Commission. The Commission discussed the current policy and whether or not that should be changed. City Manager Summary: It was the consensus of the City Commission to keep the current prohibition in place. 8. Discussion: Recent Passing of a Former Commissioner (Commissioner Dr. Marks): Commissioner Dr. Marks recognized the recent passing of former Commissioner Teri Holzberg and requested information on any policy in place to recognize former Commissioners who had passed. Mr. Wasson explained the current procedure to provide notification to the seated Commission and to send something to the family on behalf of the Commission. The Commission discussed the item and determined that there was no formal policy in place for naming or other form of recognition. Comments were provided by former Commissioner Michael Stern. City Manager Summary: It was the consensus of the City Commission to keep Commissioner Teri Holzberg in mind should an opportunity to name something in the City come up that would be appropriate. 9. City Manager Review: Mayor Weisman reviewed Mr. Wasson's request that money be provided into his deferred compensation plan, in lieu of a salary increase. Page 3 of 4 Aventura City Commission Regular Workshop Meeting Minutes—November 4, 2021 The Commission provided positive comments regarding Mr. Wasson and his work performance. City Manager Summary: It was the consensus of the City Commission to provide Mr. Wasson with a $26,000 contribution to his 457 deferred compensation fund, in lieu of a salary increase. The following additional items were discussed: Mr. Wasson will provide a date to the Commission for the upcoming event recognizing City volunteers. 10. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:15 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 4, 2022. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: December 29, 2021 SUBJECT: Addendum to Ronald L. Book, P.A. Professional Services Agreement January 4, 2022 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the annual fee for the subject Professional Services Agreement be revised from $52,500 to $60,000. BACKGROUND Over the years, Mr. Book has been instrumental in providing all necessary legislative relations and lobbying services to the City. The fee has not been increased in seven (7) years. Based on the foregoing, it is recommended that the annual fee be increased from $52,500 to $60,000. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2028-22 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN ADDENDUM TO THE CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, P.A.; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 2, 2014, the City of Aventura (the "City") and Ronald L. Book, P.A. entered into a Contract for Professional Services (the "Contract"); and WHEREAS, the City Commission desires to enter into an Addendum to the Contract (the "Addendum") to raise the annual compensation to $60,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Approval. That the City Commission hereby approves the Addendum, in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. That the City Manager is hereby authorized to execute the Addendum, in substantially the form attached hereto as Exhibit "A," subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 4. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution and the Addendum. Section 5. Effective Date. That this Resolution shall be 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t"day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 ADDENDUM TO THE CONTRACT FOR PROFESSIONAL SERVICES BETWEEN CITY OF AVENTURA AND RONALD L.BOOK, P.A. This Addendum to the Contract between City of Aventura,a Florida Municipal Corporation("CITY") and Ronald L. Book, Esq. ("BOOK"), an attorney and member of the Florida Bar,doing business as Ronald L. Book,P.A. is made and entered into this day of , 2022. WITNESSETH: WHEREAS,on September 2,2014,the CITY and BOOK entered into a Contract for Professional Services ("Contract"); and WHEREAS, the parties desire to amend the Contract to raise the annual compensation to $60,000.00. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: 1. Each and every WHEREAS clause set forth above is a true and correct recital and representation, and is incorporated herein as if set forth in full. 2. The Compensation provision subsection III(A) shall be revised to read as follows: A. For all professional services by BOOK hereunder as described in paragraph II,the CITY shall pay BOOK annual compensation of Fifty Two Thousandand Five LT,,,,dred($52 `�0) Sixty Thousand($60,000.00) Dollars,payable in equal monthly installments on or before the 20th day of each month of the term hereof. 3. This Addendum to the Contract shall be effective retroactive from October 1,2021 upon signature of both parties. 4. Except as herein amended, all other provisions of the Contract shall remain in full force and effect. (THIS SPACE INTENTIONALLY LEFT BLANK) Page 1 Of 2 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum to the Contract upon the terns and conditions above stated on the day and year first above written. RONALD L. BOOK,P.A.: CITY OF AVENTURA, FLORIDA: By: By: Ronald J. Wasson City Manager Print name and Title ATTEST: City Clerk Approved as to Form and Legal Sufficiency for the Reliance of City Only: City Attorney Page 2 Of 2 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager er 6e-_ THROUGH: Joseph S. Kroll, Pubic Works/Transportation Director BY: Antonio F. Tomei, Capital Projects Manager DATE: December 29, 2021 SUBJECT: Bid No. 22-11-02-3 —Aventura High School Marquee Sign January 4, 2022 City Commission Meeting Agenda Item 5C RECOMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 22-11-02-3, Aventura High School Marquee Sign to the lowest responsible and responsive bidder, Tigo, Inc. DBA Expose Yourself for the price of $99,900.00. This project will be funded by Budget Line Item Number 001-8090-590.6101. BACKGROUND In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on November 2, 2021. The City received one (1) bid for this project which is listed below. • Tigo, Inc. DBA Expose Yourself $ 99,900.00 This bid price allows for the furnishing of all design, labor materials, tools, equipment, machinery, superintendence, mobilization, installations and services necessary for the installation of a new marquee sign in the swale area on the north side of NE 213t" Street abutting Don Soffer Aventura High School If you have any questions or need any additional information, please feel free to contact me. Kimley>>>Nora November 12,2021 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura,FL 33180 Re. City of Aventura-Aventura High School Marquee Sign Bid No. 22-11-02-3-Bid Recommendation gHA Project#043508124 Dear Mr. Tomei: The City of Aventura(City)advertised the Aventura High School Marquee Sign Project on October 4,2021.A pre- bid meeting was held on October 20,2021 to discuss the project with potential bidders,and on November 2,2021 bids were publicly opened and read. The project primarily includes the installation of a marquee sign at Aventura High School. The project also includes electrical wiring and installation of an electronic messaging sign. The following is a bid summary of the Total Bid Amounts for the one bidding contractor: 1. Tigo Incorporated DBA Expose Yourself $ 99,900.00 Kimley-Hom has been asked to review the bid and provide a recommendation of award. Based on the results of the bid,the apparent low bidder is Tigo Incorporated,with a total bid amount of$99,900.00. The Florida DBPR, online services website, shows a Certified Specialty Contractor license currently registered with the Florida Department of Business and Professional Regulation for Victor Bosco.Kin ley-Horn called five(5)of the references provided by the contractor. As of this date,two(2)of the references have not returned our call, and the other three(3)references were generally satisfied with the Contractor's performance and would utilize their services again.As a result,the recommendation is to award this contract to Tigo Incorporated as the lowest,responsive bid. The schedule of this contract is an important element of the project.Therefore,there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 90 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project,and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at 954-535-5133. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. G-/v"I Stefano Viola, P.E. Project Manager Copy To: File SECTION 00410 SCHEDULE OF VALUES—BIDDER'S COMPANY NAME: Tigo Inc. DBA: Expose Yourself Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME =90 CALENDAR DAYS Pay Estimated Description Unit Unit Price Extended Item Quantity Price 100 1 Mobilization (5% of Construction Cost) LS $4100.00 .$4100.00 101 1 Maintenance of Traffic (5% of Construction LS Cost) $4000.00 $4000.00 102 1 Storm Water Pollution Prevention LS $2000.00 $2000.00 103 1 Sitework— Excavation LS $5800.00 $5800.00 104 1 Site Restoration LS $3000.00 $3000.00 105 1 Concrete LS $7900.00 $7900.00 106 1 Steel Reinforcing LS $5600.00 $5600.00 107 1 Masonry LS $16,000.00 $16,000.00 108 1 Stucco LS $4000.00 $4000.00 109 1 Paint and Caulk LS $6000.00 $6000.00 110 1 Signage (Letters and Logo) LS $7500.00 $7500.00 ill 1 Electrical LS $24,000.00 $24,000.00 112 1 Galaxy®Outdoor Electronic Message Center 113 1 Allowance for City of Aventura Police AL $10,000 $10,000.00 TOTAL EXTENDED PRICE $99,900.00 Aventura High School Marquee Sign City of Aventura Bid No.22-11-02-3 KHA Project No.043508124 00410-4 Pay Item Notes 101 Includes all costs associated with furnishing, installing,maintaining, and removal of all items of maintenance of traffic not paid for under separate items. 111 Includes the cost of connecting the new sign to the existing electrical panel. 112 City of Aventura to direct purchase the Daktronics GalaxyS Outdoor Electronic Message Center. Contractor to receive and install sign. Cost for sign installation to be included in overall bid. 111 Includes the cost of modifying the existing underground electric line around proposed mast arm A foundation. The Contractor understands and agrees to the following: As per a contract between the City of Aventura and the PBA,police officers get a three (3)hour minimum for off duty work regardless if the detail is less than the three hours. The Contractor, or their representative, is authorized by the City of Aventura to approve off duty slips submitted by officers that reflect the actual time worked by the officer(s) assigned to a detail for the date indicated on the slip. The Contractor, or their representative, is not authorized by the City of Aventura to approve any off duty time that an officer is not actually on site and working a specific detail as covered by 113 this contract, except for the three(3)hour minimum. The Contractor, or their representative, agrees and understands that any request for payment regarding any portion of this contract is for amounts of actual expenses incurred by the Contractor in conjunction with the Work or services performed or rendered.Any amount less than the allotted amount will be retained by the City of Aventura; any amount that is over the allotted amount must be pre-approved by the City of Aventura prior to being expended. The Contractor will be reimbursed for any amount over the allotted amount as approved by the City. The allowance amount shall not be included in the sub-total construction cost and shall not be included in the calculations of"Percentage of Total Project"cost. Schedule of Values Notes: 1. This Bid Form is for the complete project depicted in the construction drawings and technical specifications. 2. Contractor shall furnish and install all items and provide work for all items described in Schedule of Values. 3. Contractor shall obtain City of Aventura Public Works Permit. City shall pay any required permit fees. 4. See Section 00526. Item#2-6 for Liquidated Damages if Time Frame for Delivery is not met as indicated above. 5. City will award the contract based on an evaluation of bid unit prices and time frame for delivery. 6. The quantities listed above are for the purpose of establishing unit pricing. Aventura High School Marquee Sign City of Aventura Bid No.22-11-02-3 KHA Project No.043508124 00410-5 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 22-11-02-3, AVENTURA HIGH SCHOOL MARQUEE SIGN, TO TIGO, INC. DBA EXPOSE YOURSELF AT THE BID PRICE OF $99,900.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 22-11-02-3, Aventura High School Marquee Sign; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Tigo, Inc. DBA Expose Yourself has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 22-11-02-3, Aventura High School Marquee Sign, is hereby awarded to Tigo, Inc. DBA Expose Yourself in the amount of $997900.00. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and City of Aventura Resolution No. 2022- specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8090-590.6101. Section 5. This Resolution shall be 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6_D� DATE: December 29, 2021 SUBJECT: Resolution Approving the Appointment of Parent Representative Members to the Don Soffer Aventura High School Advisory Board for a One-Year Term January 4, 2022 City Commission Meeting Agenda Item 5D RECOMMENDATION The City has received the election results of the two parents who ran unopposed and are thereby deemed to be selected by the Don Soffer Aventura High School parents. It is recommended that the City Commission adopt the attached Resolution approving the appointment by the Mayor of the following individuals to serve as the parent representative voting members of the Don Soffer Aventura High School Advisory Board for a one-year term: Nikki Shein Michael S. Yavner If you have any questions please feel free to contact me. RJW/act Attachment CCO2029-21 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of the Don Soffer Aventura High School Advisory Board, with two (2) voting members consisting of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the parents of the High School students; and WHEREAS, the City has received the election results of the two parents who ran unopposed and are thereby deemed to be selected by the Don Soffer Aventura High School parents; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of those members to the Don Soffer Aventura High School Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as the parent representative voting members of the Don Soffer Aventura High School Advisory Board for a one-year term: Nikki Shein Michael S. Yavner Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Joseph S Kroll, Public Works/Transportation DirectorG' DATE: December 29, 2021 SUBJECT: Resolution Approving the Designation of Public Works Employees as First Responders as Federally Mandated by the President of the United States January 4, 2022 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission approve the Resolution to designate Public Works employees as First Responders. BACKGROUND The Federal Government in 2003 recognized Public Works as an absolute necessity for first response. Public Works First Responders are as critical to first response as public safety personnel. Public Works First Responders tackle emergency interruptions and are prepared to intervene when nature goes off rail, responding rapidly and understanding the importance of the role they play.When these emergencies happen, Public Works First Responders deploy to access and take action, stabilizing and recover infrastructure, clearing roadways for public safety responses and help to restore the community back to normal. It's not glamorous and its definitely most often dirty work, but its importance cannot be denied. The efforts of Public Works First Responders represent an essential function protecting our citizens and communities that no other agency provides. JSK/gf Attachments: Exhibit "A" Resolution JSK21023 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DESIGNATING PUBLIC WORKS EMPLOYEES AS FIRST RESPONDERS AS FEDERALLY MANDATED; AUTHORIZING THE USE OF THE PUBLIC WORKS RESPONDER SYMBOL AS ADOPTED BY THE NATIONAL PUBLIC WORKS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, President George W. Bush issued Homeland Security Presidential Directive 5 (HSPD-5), Management of Domestic Incidents, in 2003, in which a public works response to emergencies and disasters is recognized as an absolute necessity, and the federal government is directed to include public works in all planning and response efforts; and WHEREAS, the City of Aventura Public Works employees, throughout various departments, are involved in Disaster Response and Recovery and have demonstrated their skills and commitment multiple times throughout the years; and WHEREAS, the City of Aventura believes to best provide for the health, safety, and welfare of its citizens, it is appropriate to designate those employees as first responders that put the citizens of the City of Aventura before themselves in times of emergency; and WHEREAS, in response to the federal mandate, the City Commission of the City of Aventura would like to designate the City of Aventura Public Works employees as first responders; and WHEREAS, on May 7, 2018, the American Public Works Association announced the Association's adoption of a national Public Works Responder Symbol to be used throughout North America to recognize public works professionals' federally mandated role as first responders; and WHEREAS, the Public Works First Responder symbol uses the familiar colors of orange, black and white, with a design reminiscent of road construction signs, safety cones and orange construction barrels; and is expected to increase recognition of public works employees as first responders throughout North America; and WHEREAS, by displaying the symbol wherever appropriate, public works agencies can raise awareness among all citizens, government officials, and other first responders about the critical role public works plays in emergency management efforts; and City of Aventura Resolution No. 2022- WHEREAS, the City Commission of the City of Aventura would like to authorize the City of Aventura Public Works Department to use the Public Works Responder Symbol, as adopted by the National Public Works Association, and to ensure the symbol has maximum exposure in as many settings as possible such as on fleet vehicles, license plates, letterhead, hard hats, uniforms, identification badges, public buildings, and offices. 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 employees of the City of Aventura Public Works Department are hereby recognized as First Responders as federally mandated. Section 3. The Public Works Responder Symbol, as adopted by the American Public Works Association, is hereby authorized for use by the City of Aventura Public Works Department. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: December 29, 2021 SUBJECT: Resolution Declaring Equipment as Surplus January 4, 2022 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 CCO2031-21 CITY OF AVENTURA RESOLUTION NO. 2022- 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information 'ch ology Director DATE: December 29, 2021 SUBJECT: Surplus Computer Equipment I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Many of the applications used by the City have minimum hardware, operating system and/or software requirements that computing equipment must meet or exceed. If those requirements cannot be satisfied by existing equipment, the equipment is no longer suitable for City use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type APC Back-UPS Pro 700 10 NA UPS APC RBC 2 NA Battery Dell 1707FPt 1 CN-OCC280-71618-682-BSKG Monitor Dell 2000FP 1 TW-09E249-46635-369-OQFL Monitor Dell 2009Wt 1 CN-OG433H-74445-986-AKLL Monitor Dell E14S 1 CN-OCXM16-42945-4AP-01 HW-A00 Server Dell E31S 1 CN-037G1N-42945-64F-016L-A03 Server Dell Equallogic 1 SHU951160002E83 Server Dell Latitude 5480 1 FYP28H2 Laptop Dell Latitude E5470 1 6XW4L72 Laptop Dell Latitude E5470 1 C1251-72 Laptop Dell Latitude E5470 1 D4R4L72 Laptop Dell Latitude E5480 1 CY128H2 Laptop Dell Optiplex 790 1 6SK1 WR1 Desktop Dell Optiplex 9020 1 2XP2BY1 Desktop Dell Optiplex 9020 1 C92QW12 Desktop Dell Optiplex 9020 1 C92RW12 Desktop Dell PowerEdge T320 1 CN-OMTX7T-71070-54H-0074-A01 Server Dell XPS 13 9350 1 D4R4L72 Laptop Fujitsu fi-5120C 1 41716 Scanner Fujitsu fi-5120C 1 120748 Scanner Fujitsu fi-5120C 1 174149 Scanner Fujitsu fi-5120C 1 180973 Scanner Fujitsu fi-6110 1 503225 Scanner Fujitsu fi-6130 1 69397 Scanner HP OfficeJet Pro 6230 1 TH6445109W Printer HP OfficeJet Pro 6230 1 TH6CC610ZX Printer HP OfficeJet Pro 8020 1 TH97N1R1GS Printer Insignia NS-LCD15-09 1 18184JA009379 Monitor Miscellaneous 1 Box of keyboards, mice and cables Polaroid P4000E 1 E152188 ID Card Printer Polaroid P5500S 1 556308-090 ID Card Printer Smart SB-580 1 SB580-162199 Board Viewsonic VT2430 1 R4S102590018 Monitor Page 1 of 1 12/29/2021 CITY OF "ENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information 'ch ology Director DATE: December 29, 2021 SUBJECT: Surplus Computer Equipment for Aventura City of Excellence School I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of Aventura City of Excellence School (ACES). Many of the applications used by ACES have minimum hardware, operating system and/or software requirements that computing equipment must meet or exceed. If those requirements cannot be satisfied by existing equipment, the equipment is no longer suitable for student or teacher use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura ACES Computer Equipment Inventory Summary Brand Model Qty. Type Dell Latitude 3450 113 Laptops Dell Latitude 5440 2 Laptops Dell Latitude 3470 89 Laptops Dell Latitude 3480 50 Laptops Dell Latitude 3490 55 Laptops Dell Optiplex 7010 6 Desktops Dell Optiplex 7040 76 Desktops Dell Optiplex 7060 30 Desktops Dell E1916H 78 Monitors Cisco 3560 8 Switches Dell Sonicwall 2 Firewalls HP& Epson Printers 9 Printers Optomo Projectors 7 Projectors Sharp Whiteboards 6 Whiteboards Avaya Phones 2 boxes Phones Cisco Access Points 5 boxes Access Points Dell Mice 2 boxes Mice Dell AC adapters 3 boxes AC adapters Dell Keyboards 3 boxes Keyboards Dell Power cords 1 box Power cords Miscellaneous Video cables 2 boxes Video cables Miscellaneous USB Cables 1 box USB Cables Page 1 of 1 12/29/2021 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager - - DATE: December 29, 2021 SUBJECT: Resolution Approving Third Amendment to Agreements Concerning Commercial Advertising Signs Between the City and Clear Channel Outdoors, Inc. January 4, 2022 City Commission Meeting Agenda Item 5G BACKGROUND Clear Channel owns a billboard at the Florida East Coast railway tracks and NE 196th Street on the west side of US Highway One, which will be removed in order to accommodate the construction of the Brightline train station. In order to replace the billboard that is being removed, Clear Channel has requested that the City permit Clear Channel to install digital displays on the two faces of the Clear Channel billboard located on the west side of US Highway One at NE 180th Street. RECOMMENDATION As discussed at the October City Commission Workshop, it is recommended the City Commission adopt the attached Resolution approving the Third Amendment to Agreements Concerning Commercial Advertising Signs between the City and Clear Channel Outdoors, Inc. If you have any questions please feel free to contact me. RJW/act Attachment CCO2030-21 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THIRD AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that approval of the attached Third Amendment to Agreements Concerning Commercial Advertising Signs (the "Third Amendment") between the City of Aventura, Florida (the "City") and Clear Channel Outdoors, Inc. ("Clear Channel") is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recital. That the foregoing "WHEREAS" clause is ratified and confirmed as being true and correct and is made a specific part of this Resolution. Section 2. Third Amendment Approved. That the Third Amendment between the City and the Clear Channel, in substantially the form attached hereto and incorporated herein as Exhibit "A," is hereby approved. Section 3. Implementation. That the City Manager is hereby authorized to execute the Third Amendment, and to take any action which is necessary to implement this Resolution and the Third Amendment. Section 4. Effective Date. That this Resolution shall take effect immediately upon adoption and shall be applied retroactively to coincide with the effective date of the Third Amendment. 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 Dr. Linda Marks Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 THIRD AMENDMENT TO AGREEMENTS CONCERNING COMMERCIAL ADVERTISING SIGNS THIS THIRD AMENDMENT TO AGREEMENTS (the "Third Amendment") is entered into this 4 h day of January, 2022 by and between the City of Aventura, a Florida municipal corporation (the "City") and Clear Channel Outdoor, LLC, a Delaware limited liability company and successor in interest to Clear Channel Outdoor, Inc., a Delaware corporation ("Clear Channel"). WITNESSETH: WHEREAS, Clear Channel owns billboards located at the southwest corner of Biscayne Boulevard and Ives Dairy Road in the City of Aventura(the`Billboards"), and the Billboards have a total of four (4) faces, as depicted in the schematic drawing attached hereto as Exhibit "A," which is attached hereto and incorporated herein by reference, and all references to "Face" numbers are used herein as defined therein; and WHEREAS,on September 3,2002,the City and Clear Channel entered into an Agreement Concerning Commercial Advertising Signs to provide for Clear Channel to provide for an agreed upon height for the existing Billboards, to prohibit any advertising on Face 3 and Face 4 of the Billboards, and to provide for the removal of two (2) existing billboards on Biscayne Boulevard (the "2002 Agreement") WHEREAS,on September 6,2005,the City and Clear Channel entered into an Agreement Concerning Commercial Advertising Sign—Charter School Revenue,to allow for advertising and provide for sharing of revenue generated from advertisements placed on Face 4 of the Billboards (the "2005 Agreement"); and WHEREAS, on April 10, 2007, the City and Clear Channel entered into an Amendment to Agreement for Commercial Advertising Sign to provide for additional revenue payments to the City in consideration of permitting additional advertising on Face 3 of the Billboards (the "April 2007 Amendment"); and WHEREAS, the 2002 Agreement, the 2005 Agreement, and the 2007 Amendment are collectively referred to as the "Agreements," and serve both a municipal and public purpose, and are in the best interest of the City; and WHEREAS, on November 6, 2007, the City and Clear Channel entered into First Amendment to Agreements Concerning Commercial Advertising Signs,to amend the Agreements in order to provide additional conditions related to advertising placed on the Billboards (the"First Amendment"); and WHEREAS, on October 7, 2014, the City Commission passed Resolution 2014-53, extending the date of the variance approval granted under the 2007 Agreement to January 6, 2020; and WHEREAS, on May 14, 2020, the City Commission passed Resolution 2020-31, extending the date of the variance approval granted under the 2007 Agreement until January 6, 2030; and WHEREAS, on May 14, 2020, the City Commission passed Resolution 2020-32, which granted approval of a variance for the installation of digital billboard faces ("Digital Displays") on the Causeway Billboard, as defined herein; and WHEREAS, on May 14, 2020,the City passed Resolution 2020-33 approving the Second Amendment to Agreements Concerning Commercial Advertising Signs between the City and Clear Channel; and WHEREAS, on March 1, 2021, the City and Clear Channel entered into the Second Amendment to the Agreements Concerning Commercial Advertising Signs (the "Second Amendment"); and WHEREAS, Clear Channel owns a billboard at the Florida East Coast railway tracks and NE 196t' Street on the west side of US Highway One which will be removed in order to accommodate the construction of the Brightline train station in Aventura; and WHEREAS, in order to replace the billboard that is being removed, Clear Channel has requested that the City permit Clear Channel to install Digital Displays on the two faces of the Clear Channel billboard located on the west side of US Highway One at NE 180t' Street; and WHEREAS, consistent with the intent and provisions of Section 70.20, Florida Statues, the City and Clear Channel desire to enter into this Third Amendment (i) to provide for the placement of Digital Displays with changeable copy panels on the two billboard faces for the billboard located on the west side of U.S. Highway One and NE 180t' Street, (the "180t' Street Billboard"), and (ii) to provide for increased revenue payments to the City in consideration of permitting additional advertising on the Billboards, including the 180t' Street Billboard. Page 2 of 6 NOW, THEREFORE, in consideration of the promises, mutual covenants, provisions, and undertakings hereinafter contained, and for other good and valuable considerations,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That the recitals set forth above are true and correct and are incorporated herein by reference. 2. The City and Clear Channel agree that Clear Channel may install Digital Display faces with changeable copy panels on the two billboard faces for the billboard located on the west side of U.S. Highway One at NE 180t'Street, as depicted in Exhibit"A,"which is attached hereto and incorporated herein by reference(the"180th Street Billboard"). The Digital Display faces with changeable copy panels will change content no more frequently than once every eight(8) seconds, and the content displayed on the Digital Displays shall not include any animated content, and the illumination shall be dimmed at night to minimize any light pollution from the Digital Displays. In addition, upon the City's written request, Clear Channel shall display emergency messages and event announcements on the Digital Display faces in accordance with the conditions provided in the Second Amendment. In consideration of permitting Clear Channel to install the Digital Display faces on the 180t' Street Billboard with changeable copy panels on the two faces of the Billboard, Clear Channel shall pay the City the sum of Twenty Seven Thousand Five Hundred and 00/100 Dollars($27,500.00), annually during the term of this Agreement, for each Digital Display, for a total of Fifty Five Thousand and 00/100 Dollars ($55,000.00)per year. 3. The City and Clear Channel agree that Clear Channel shall construct and operate the billboard faces on the 180t' Street Billboard in conformance with the following requirements: a. Clear Channel shall construct a decorative sign support structure to support the 180t'Street Billboard, subject to the approval of the City Manager; b. Clear Channel shall be permitted to install Digital Display faces with changeable copy panels on the two faces of the 180t' Street Billboard. In conjunction with the installation of the Digital Display faces with changeable copy panels, Clear Channel shall provide the City Manager with an illumination chart, photometric report, and proof of brightness report for the Digital Display faces prior to installation. Page 3 of 6 C. Clear Channel shall install an ambient light sensor and secondary backup method to ensure illumination levels do not exceed more than 0.3 foot candles above changing light levels throughout the day, measured on the nominal face size of 14 ft. x 48 ft. and the distance of two hundred fifty (250) feet from the source. d. The Digital Displays will change content no more frequently than once every eight (8) seconds, and the content displayed on the Digital Displays shall not include any animated content, and the illumination shall be dimmed at night to minimize any light pollution to adjacent residential neighborhoods from the Digital Displays; 4. The term `Billboards," as contained in the Second Amendment shall be amended to include the 180t' Street Billboard. Clear Channel agrees that it shall operate and utilize the digital display on the 180t' Street Billboard in a manner consistent with the requirements as contained in the Second Amendment. 5. Upon the City's written request at least seven (7) days in advance, Clear Channel shall display with no charge for advertising space, on one slot out of eight, City event announcements on a space available basis on (a) one of the Digital Displays on either face of the 180t'Street Billboard("City Messages"). The display of City Messages is subject to the conditions and parameters as provided in Section 7 of the Second Amendment. 6. Clear Channel agrees that it shall not erect,construct,or install any new commercial advertising signs, including billboards, within the City's municipal boundaries without the City's prior written consent. 7. That except as amended herein, the City and Clear Channel ratify, approve and reaffirm the terms of the Agreements, as amended by the First Amendment, the Second Amendment, and this Third Amendment, which shall remain in full force and effect. 8. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreements, the First Amendment, the Second Amendment, and this Third Amendment, the terms and provisions of this Third Amendment shall control to the extent of any such conflict or ambiguity. Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. CITY OF AVENTURA, a Florida municipal corporation Attest: By: Ellisa M. Horvath, City Clerk, MMC Ronald J. Wasson, City Manager (seal) Dated: day of 20 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE BY THE CITY OF AVENTURA ONLY: By: City Attorney Weiss Serota Helfman Cole & Berman, P.L. CLEAR CHANNEL OUTDOOR, LLC . a Delaware limited liability company ATTEST: By: By: Print Name: Print Name: Title: Title: Page 5 of 6 EXHIBIT "A" LOCATION MAP AND DEPICTION OF BILLBOARD LOCATED AT WEST SIDE OF US HIGHWAY ONE AND NE 180TH STREET Page 6 of 6 LOA Clear Channel Outdoor Exhibit A 42 f /�ramrim US Hwy 1 West Side 10 feet North of NE 180th St Back to Back 14 x 48 - 2 LEDs Folio: 28-2209-009-0121 ME Clear Channel Outdoor Exhibit A s US Hwy 1 West Side 10 feet North of NE 180th St Back to Back 14 x 48 - 2 LEDs Folio: 28-2209-009-0121 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Robert Meyers, Office of the City Attorney DATE: December 29, 2021 SUBJECT: Resolution to Approve Dissolution of the Don Soffer Aventura High School Foundation January 4, 2022 City Commission Meeting Agenda Item 5H RECOMMENDATION It is recommended that the City Commission approve the attached resolution to dissolve the Don Soffer Aventura High School Foundation, with an effective date of April 1, 2022. BACKGROUND The City Commission adopted Resolution 2019-29 establishing the Don Soffer Aventura High School Foundation to seek and receive donations for the benefit of the High School. In the Articles of Incorporation, which accompanied the Resolution, the Foundation was envisioned to function as a 501(c)(3) nonprofit corporation, but was also expected to comply with Florida's Open Government Laws, including the Open Meetings Laws, Public Records Laws and Financial Disclosure. Adhering to these Open Government Laws, which generally do not apply to foundations and other 501(c)(3) organizations, has hampered the Foundation's ability to achieve its primary purpose — to engage in fundraising for the High School. Article XI of the Foundation's Articles of Incorporation provides for the City Commission to dissolve the Foundation, with all of its assets to be distributed by the City Commission for use for the High School. By dissolving the Foundation, a similar nonprofit entity independent from the City can be formed to assist in garnering financial support for the High School. Fiscal Impact This item has no impact on the City's budget for FY 2021-22. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE DISSOLUTION OF THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to facilitate community-wide fund raising efforts for the Don Soffer Aventura High School, the City Commission established the Don Soffer Aventura High School Foundation (the "Foundation") by Resolution 2019-29 as a Florida not for profit corporation, to seek and receive donations for the improvement and operation of the High School as a municipal charter school of the City of Aventura, and WHEREAS, the Foundation was envisioned to function as a 501(c)(3) entity under the Internal Revenue Code, but subject to Florida's Open Government Laws; and WHEREAS, the constraints placed on the Foundation to comply with Chapter 286, Florida Statutes (the"Sunshine Law") and Chapter 119, (the"Public Records Law"), which are generally not applicable to 501(c)(3) corporate entities, hamper the Foundation's efforts to engage in fundraising and other related activities for the benefit of the High School; and WHEREAS, under the circumstances, the City Commission wishes to dissolve the Foundation to allow for a similar 501(c)(3) entity independent from the City to be formed to support the High School; and WHEREAS, the City Commission finds the adoption of this Resolution is in the best interest of the City and its residents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: City of Aventura Resolution No. 2022- Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Dissolution of Corporation. That the dissolution of the Foundation is hereby approved for filing with the Florida Division of Corporations. Section 3. Implementation. That the City Manager and City Attorney are hereby authorized to take any action which is necessary for the implementation of this Resolution. Section 4. Effective Date. That this Resolution shall become effective on April 1, 2022. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel Friedland Mayor Enid Weisman PASSED AND ADOPTED this 4t" day of January, 2022. Page 2 of 3 City of Aventura Resolution No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 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: December 29, 2021 SUBJECT: Motion to Approve the Resurfacing of 183rd Street to be in Conjunction with the Miami-Dade County Water and Sewer Project January 4, 2022 City Commission Meeting Agenda Item 51 RECOMMENDATION It is recommended that the City Commission approve a project in the amount of $170,000.00, from account #120-5401-541-63-05, to resurface 183rd Street (Williams Island Blvd.) with the following motion: "MOTION TO APPROVE THE RESURFACING OF 183RD STREET BETWEEN BISCAYNE BOULEVARD AND NE 31st AVENUE, AT A COST NOT TO EXCEED $170,000 DOLLARS, UTILIZING THE SERVICES OF THE MIAMI—DADE COUNTY WATER AND SEWER PROJECT CONTRACTOR PABON ENGINEERING INC." This work constitutes an authorized exemption from competitive bidding under City Code Section 2-253(2) (b). BACKGROUND Miami-Dade County Water and Sewer is in the final stages of their sewer improvements on 183rd Street and this additional resurfacing would work in concurrence with the County project so that all lanes on 183rd Street, from Biscayne Blvd. to NE 31st Street, would match and be resurfaced at the same time. This roadway was scheduled in the CIP to be resurfaced in FY 2022/2023. By doing this resurfacing in conjunction with the County project and utilizing County pricing, we are able to take advantage of substantial savings of approximately $110,000.00. Fiscal Impact This item was not included in the FY 2021/2022 budget. It was scheduled in the City's CIP to be done in FY 2022/2023. Therefore, we will include this appropriation in the FY 2021/22 mid-year budget amendment which will be presented on first reading at the March 1, 2022 Commission meeting. JSK/gf J S K21024 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Robert Meyers, Office of the City Attorney DATE: December 29, 2021 SUBJECT: Resolution Urging the Miami-Dade County Board of County Commissioners to Uphold Staff Recommendations and Deny CDMP Amendment Application CDMP 20210003 January 4, 2022 City Commission Meeting Agenda Item 5J RECOMMENDATION It is recommended that the City Commission approve the attached resolution urging the Miami-Dade County Board of County Commissioners to follow County staff recommendations and deny and not transmit a CDMP application, which would increase urban expansion and development in the County's remaining farmlands, near coastal wetlands and Coastal High Hazard Areas to the detriment of the City of Aventura. BACKGROUND Miami-Dade County established an Urban Development Boundary in 1983 beyond which dense urban development is not permitted. The Miami-Dade County Commission is currently considering an application to its Comprehensive Development Master Plan (CDMP), which would expand the Miami-Dade County Urban Development Boundary (UDB) to include 793 acres of farmland adjacent to the Homestead Air Reserve Base, and redesignate this parcel from agriculture to "special district" on the Future Land Use Map. The application would also amend the Comprehensive Development Master Plan, to exempt non-residential development from existing CDMP elements that discourage development in coastal areas at risk of storm flooding and sea level rise. Miami-Dade County's recent Urban Expansion Area report identifies sufficient industrially zoned land within the UDB to accommodate new development through 2040 and beyond. Miami-Dade County staff noted major inconsistencies between this proposed project and the County's goals and the requirements outlined in the CDMP, and have recommended that the County "Deny and Do Not Transmit" the application to the state due to the fact the application: (1) is inconsistent with elements of the CDMP that require concurrency and consistency in the level of service for new developments, and (2)would require major new infrastructure investments by Miami-Dade County, thus diverting already-insufficient County infrastructure funding from our existing municipalities. Further, the application does not meet criteria in Ch. 163 F.S. regarding urban sprawl and would undermine infill development and efforts to improve transportation services within the urban core and would take over 750 acres designated as "farmland of unique importance" out of production, could increase flooding on surrounding parcels, and is inconsistent with elements of the CDMP regarding preservation and protection of agriculture and agricultural lands. The application area is located squarely within the Coastal High Hazard Area, would divert disaster resilience and flood protection resources away from existing developments, and would result in the paving-over of low-lying open space necessary for flood-resilience. The County could more effectively support the interests of its municipalities by facilitating the redevelopment of existing industrially zoned parcels within the UDB. Fiscal Impact This item has no immediate impact on the City's budget, but the approval of new sprawl development on the urban periphery requires the dedication of tax revenues which could redirect county resources from vital municipal infrastructure projects. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISIONERS TO UPHOLD THE RECOMMENDATIONS OF COUNTY STAFF AND DENY AND NOT TRANSMIT CDMP AMENDMENT APPLICATION CDMP20210003; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the individual municipalities within Miami-Dade County and their residents are affected in every way by decisions made at the county level; and WHEREAS, county-level land use decisions in particular affects quality-of-life in municipalities in our resilience, the nature of our shared metropolitan landscape, and the allocation of limited infrastructure resources; and WHEREAS, urban sprawl has major negative impacts on residents, the environment, and the urban landscape; and WHEREAS, the approval of new sprawl development on the urban periphery requires the County government to dedicate tax revenue from existing communities to fund the new infrastructure to meet minimum level of service capacity for these new developments, thus redirecting critical county resources away from already developed areas and communities; and WHEREAS, Miami Dade County's municipalities have an urgent need for additional resources to address existing transit, water management, and other vital infrastructure; and WHEREAS, Miami Dade County's municipalities benefit from the existence of our strong local agricultural economy which provides fresh food and jobs, promotes sustainable consumption, and improves quality of life for all residents; and WHEREAS, Miami-Dade County possesses a unique topography characterized by an elevated central ridge, surrounded on the east and west by low-lying and flood prone open space; and WHEREAS, our unique topographical landscape magnifies the risks and impacts of unconstrained urban sprawl development; and WHEREAS, in recognition of the environmental and economic harm caused by suburban sprawl, and the County's distinctive topographical landscape, Miami-Dade County established an Urban Development Boundary in 1983 beyond which dense urban development is not permitted; and City of Aventura Resolution No. 2022- WHEREAS, the Miami-Dade County Commission is currently considering an application to amend its Comprehensive Development Master Plan (CDMP) which would expand the Miami-Dade County Urban Development Boundary (UDB) to include 793 acres of farmland adjacent to the Homestead Air Reserve Base, and redesignate this parcel from agriculture to "special district" on the Future Land Use Map; and WHEREAS, the application would also amend the Comprehensive Development Master Plan, to exempt non-residential development from existing CDMP elements that discourage development in coastal areas at risk of storm flooding and sea level rise; and WHEREAS, Miami-Dade County's recent Urban Expansion Area report identifies sufficient industrially zoned land within the UDB to accommodate new development through 2040 and beyond; and WHEREAS, Miami-Dade County staff noted major inconsistencies between this proposed project and the County's goals and the requirements outlined in the CDMP, and have recommended that the County "Deny and Do Not Transmit" the application to the state; and WHEREAS, the application (1) is inconsistent with elements of the CDMP that require concurrency and consistency in the level of service for new developments, and (2) would require major new infrastructure investments by Miami-Dade County, thus diverting already-insufficient County infrastructure funding from our existing municipalities; and WHEREAS, the application does not meet criteria in Ch. 163 F.S. regarding urban sprawl and would undermine infill development and efforts to improve transportation services within the urban core; and WHEREAS, the application would take over 750 acres designated as "farmland of Unique importance" out of production, could increase flooding on surrounding parcels, and is inconsistent with elements of the CDMP regarding preservation and protection of agriculture and agricultural lands; and WHEREAS, the application area is located squarely within the Coastal High Hazard Area, would divert disaster resilience and flood protection resources away from existing developments, and would result in the paving-over of low-lying open space necessary for flood-resilience; and Page 2 of 4 City of Aventura Resolution No. 2022- WHEREAS, the County could more effectively support the interests of its municipalities by facilitating the redevelopment of existing industrially zoned parcels within the UDB. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission finds that the above recitals are true and valid reasons to deny urban expansion and development in the County's remaining farmlands, near coastal wetlands, and in Coastal High Hazard Areas. Section 2. The City Commission urges the Miami-Dade County Board of County Commissioners to uphold the recommendations of County staff and deny and not transmit CDMP amendment application CDMP20210003. Section 3. The City Clerk is directed to send copies of this signed resolution to each member of the Miami-Dade County Board of County Commissioners and to the Mayor of Miami-Dade County. Section 4. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5. This resolution shall take effect 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 3 of 4 City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission C_YD__ FROM: Ronald J Wasson, City Manager BY: Robert Meyers, Office of the City Attorney DATE: December 29, 2021 SUBJECT: Resolution Approving Interlocal Agreement with Miami-Dade County Relating to the Administration and Distribution of Opioid Settlement Proceeds Allocated to the Miami-Dade County Regional Fund January 4, 2022 City Commission Meeting Agenda Item 5K RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Interlocal Agreement with Miami-Dade County governing the use of Opioid Settlement Funds allocated to the Miami-Dade County Regional Fund. BACKGROUND The State of Florida, along with a number of Florida municipalities and counties, have been involved in the ongoing litigation filed as Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). On September 2, 2021, the City of Aventura ("City") Commission adopted Resolution No. 2021-48 approving the City's participation in a Florida Memorandum of Understanding (the "MOU") with the State and participating local government entities that sets forth a framework for the proposed allocation and use of opioid settlement proceeds relating to ongoing opioid litigation (the "Opioid Funds"). As part of the MOU's proposed framework, each year the City's pro-rata share of Opioid Funds would be allocated as follows- (1) fifteen percent of Opioid Funds would be allocated to the City directly, (2) a variable sliding scale percentage of Opioid Funds would be allocated to a regional fund, and (3) the remaining Opioid Funds would be allocated to the State of Florida. The Opioid Funds allocated to the Miami-Dade County (the "County") Regional Fund are currently envisioned to be administered and distributed by a corporate partner selected by the Florida Department of Children and Families or by the County if it becomes eligible to serve as a "Qualified County." In order to qualify as a "Qualified County,"the Florida MOU requires that the County enter into an interlocal agreement with at least 50% of the municipalities within the County's geographic boundaries. Accordingly, the County has proposed entering into an interlocal agreement with the City, among other municipalities, that would govern the use of Opioid Funds allocated to the County Regional Fund (the "interlocal Agreement"). Given the City's longstanding and continuous relationship with the County, City staff finds that it would allow greater transparency and communication to work with the County through the proposed Interlocal Agreement than a corporate partner associated with the Florida Department of Children and Families. Thus, the City recommends approving the attached Resolution approving the Interlocal Agreement with the County, subject to approval and incorporation of amendments to the Interlocal Agreement identified as necessary by the City Attorney. Fiscal Impact This item is not anticipated as having a fiscal impact to the City. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") has suffered harm from the opioid epidemic; and WHEREAS, the City recognizes that the entire State of Florida has suffered harm as a result of the opioid epidemic; and WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida municipalities and counties have also filed an action In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation"); and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding (the "MOU") sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds (the "Opioid Funds") and it is anticipated that formal agreements implementing the MOU will be entered into at a future date; and WHEREAS, on September 2, 2021, the City Commission adopted Resolution No. 2021-48 approving the MOU in order to participate in the unified plan for the proposed allocation of the Opioid Funds; and WHEREAS, as part of the MOU's proposed framework, each year the City's pro- rata share of Opioid Funds would be allocated as follows: (1) fifteen percent of Opioid Funds would be allocated to the City directly, (2) a variable sliding scale percentage of City of Aventura Resolution No. 2022- Opioid Funds would be allocated to a regional fund, and (3) the remaining Opioid Funds would be allocated to the State of Florida; and WHEREAS, Opioid Funds allocated to the Miami-Dade County (the "County") Regional Fund will be administered and distributed to municipalities either by a corporate partner selected by the Florida Department of Children and Families or by the County if it becomes eligible to serve as a "Qualified County"; and WHEREAS, in order to become a "Qualified County," Miami-Dade County (the "County") must, among other requirements, enter into an interlocal agreement with at least 50% of municipalities within the County that governs the expenditure of Opioid Funds allocated to the County Regional Fund; and WHEREAS, the County has proposed entering into an interlocal agreement with the City, attached hereto as Exhibit "A," governing the administration and distribution of Opioid Funds allocated to the County Regional Fund (the "interlocal Agreement"); and WHEREAS, the City finds that approving and authorizing the execution of the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A," for the administration and distribution of Opioid Funds allocated to the Regional Fund by the County will allow for greater transparency and communication due to the City's longstanding and continuous relationship with the County; and WHEREAS, the City Commission finds that this Resolution and the Interlocal Agreement is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Approval. That the City Commission hereby approves the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. Subject to the incorporation of any necessary amendments to the Interlocal Agreement identified by the City Attorney and approved by Page 2 of 4 City of Aventura Resolution No. 2022- the County, the City Manager is hereby authorized to execute the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A." The City Manager is further authorized to execute any required or related agreements, amendments, or documents which are required to implement the purposes of this Resolution and the Interlocal Agreement, subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 4. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution and the Interlocal Agreement. Section 5. Transmittal. That the City Commission hereby directs the City Clerk to transmit a copy of this Resolution to the Mayor of the County and all municipalities in the County. Section 6. Effective Date. That this Resolution shall be 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 Dr. Linda Marks Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 4t" day of January, 2022. Page 3 of 4 City of Aventura Resolution No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klo 9 w pp Community Development Director DATE: December 29, 2021 SUBJECT: Request by Aventura Opportunity Owner LLC and Norwich Aventura for Conditional Use Approval for a Proposed Mixed-use Development on Property Located at 20801 and 20807 Biscayne Boulevard (CUP2111-0001) January 4, 2022 City Commission Meeting Agenda Item 6A RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request for land located at 20801 and 20807 Biscayne Boulevard to facilitate development of a mixed-use residential, office, and retail project by the applicant. THE REQUEST The applicant, Bercow, Radell, Fernandez, Larkin & Tapanes on behalf of Aventura Opportunity Owner LLC and Norwich Aventura, is requesting Conditional Use approval 1) to permit a height of 21 stories for a multifamily residential building where 10 is allowed by right, 15 stories for an office building where 10 is allowed by right, and 5 stories for a residential building in a buffer zone where 4 is allowed by right; 2) for proposed live/work units where the code otherwise allows units to be either commercial or residential, but not both; and 3) for reduction in parking where 1,891 spaces would be required by code but only 1,735 are provided in accordance with a shared parking allowance based upon the mix of uses proposed for the property. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Aventura Opportunity Owner LLC and Norwich Aventura NAME OF APPLICANT Michael J. Marrero, Esq. Bercow Radell Fernandez Larkin & Tapanes LOCATION OF PROPERTY 20801 and 20807 Biscayne Boulevard See Exhibit#2 for Location Map Folio Numbers 28-1234-079-0010 Western Parcel and 28-1234-079-0020 Eastern Parcel SIZE OF PROPERTY 8 acres See Exhibit#3 for Legal Description The property is located on the east side of Biscayne Boulevard between NE 207 Street and NE 209 Street bounded by NE 30 Avenue on the east. An existing office complex known as Aventura Corporate Center currently operates at the site. The applicant's holdings comprise the northwestern approximately three-quarters of the block. The Property forms a portion of a single platted lot, as recorded in Plat Book 158, Page 47 of the Public Records of Miami-Dade County, Florida. The Applicant recently acquired the bulk of the Property. The Applicant seeks to develop a mixed-use project, with a focus on offices uses, as well as retail, residential and community uses and outdoor walkable areas (the "Project"). The Project includes 208 multifamily residential units on the northeastern corner of the site, along with five townhomes on the ground floor of the residential building facing east, as well as 24 live work units on the southwestern edge of the project. Additionally, it will include 370,143 net square feet of office space and 42,254 net square feet of retail. The Project will retain the two existing office buildings on the middle of the Property, while proposing to demolish the easternmost office building where it will be replaced by the multifamily building. The two existing parking structures closer to Biscayne Boulevard will be retained but redeveloped to include Class A office, retail and live work space. The Applicant will retain and activate the water feature on the south of the Property between the southernmost parking structure and the southernmost office building. The water feature will include a bridge, outdoor vending for restaurants and retail uses, as well as the ability for special events and entertainment. The owner has applied for Administrative Site Plan Approval for mixed-use office, retail, and residential development at the site. Those plans are provided in Exhibit #4. Administrative site plan review is underway by City staff and its consultants. 2 The City Commission approved an ordinance in May 2021 changing the zoning of the property from OP, Office Park, to TC4, Town Center 4, to allow for the mix of uses proposed. ANALYSIS Future Land Use Designation Subject Property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Residential Property to the West: Business and Office Zoning Subject Property: TC4, Mixed Use Office Properties to the North: B2, Community Business and OP Office Park Properties to the South: B2 Business and TC3 Town Center Properties to the East: RS2 Residential Single Family Properties to the West: B1 Business and MO Medical Office Existing Land Use Subject property: Existing Office Park Properties to the North: Approved for Hotel Building Properties to the South: Retail and Mixed Use (Park Square) Properties to the East: Residential Properties to the West: Aventura Hospital Campus and General Retail Access —The property fronts Biscayne Boulevard, with side frontages on NE 207 Street, NE 209 Street, and NE 30 Avenue. Access to the proposed development from all four boundary streets. Standards for review found in Section 31-73 of the Land Development Regulations: The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Town Center. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. 3 The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of office, medical, and commercial developments. The proposed hotel with retail and restaurants is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 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. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the property is by way of all boundary streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. The applicant's construction of the project could be a benefit to the community by encouraging redevelopment of other locations in this vicinity. 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 design of the proposed use minimizes 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 architectural design is compatible with existing buildings in the area. The site is landscaped with Florida friendly canopy trees and plantings. 4 Public Hearing Notice - 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. RECOMMENDED CONDITIONS OF APPROVAL 1. Drawings as submitted October 10, 2021 and listed in Exhibit B, unless otherwise subsequently amended by Administrative Site Plan Approval (ASPA). The referenced plans were reviewed under Administrative Site Plan Approval regulations, the proposed TC4 zoning district regulations, and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Mitigation will be required of an intersection or roadway that does not meet the City's adopted level of service standard due to traffic impacts from the proposed development, as determined from the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer. Intersection or roadway mitigation is subject to the approval of the City Manager and the appropriate maintaining agency. 3. Modify the northbound approach to the intersection of NE 207 St. and NE 30 Avenue to an exclusive left-turn lane and a shared through and right-turn lane, eliminate the current split phase for north and south movements; allocate more green time for east and west movements, and include a protected westbound to southbound left turn phase. Subject to the approval of the City Manager and Miami-Dade County. 4. Contribution toward the expansion of the City's Freebee circulator service in the amount of $120,000 per year for three years with the first payment due before the issuance of the first permit for the project or by September 30, 2022, whichever is earlier and each of the next two payments due on the respective anniversary date of the first payment. 5 EXHIBIT 1 C| |P21 1 1_O(l(l1 BERC0W RADELL FERNANDE2 KjOV8Dlh8r23, 2021 LARK|N+ TAPANES VIA E-MAIL and HAND DELIVERY ZONING,LAND USE AND ENVIRONMENT/ zoos.Biscayne Boulevard Mr. K8V8DKlOpp suitesoo' Miami' nss1s1 Community Development Director www,brzon�mg!aw,comn City Of/\V8DtUr8 19200 West Country Club Drive, 4m Floor 30:.377.6238office /\V8DtUr8, Florida 33180 30:.377.6222fax mmar,e,oKyuooning|aw.com R8: Application for (_ODditiOD8l Approval for AV8DtUr8 (_OrpOr8t8 Center [}e8rKeveD: This l8vv firm represents AxeDtUr8 Opportunity Holdings, LL(_ (the "Applicant"), with regard to an application for conditional use approval for the properties located at 20801 and 20803 8iSC8VDe Boulevard (^VVeSterD Parcel") and 20807 8i3C8VDe Boulevard ("Eastern Parcel"), as well as 20805 8iSC8VDe Blvd (the "Hotel Parcel") (collectively referred tO8S the ^PrOpertV^) located within the DlUDiCip8l boundaries of the City Of/\V8DtUr8 (the "City"), Florida. Property Description. The Property iS located ODthe east side Of 8iSC8VDe Boulevard, bounded by NE 207 Street OD the south, NE 209 Street OD the north, and Kj[ 30 Avenue ODthe east; and the Applicant's holdings comprise the northwestern approximately three-quarters Of the block formed �V t��S� streets.' Miami-Dade {-OUDtv's Property Appraiser has assigned two Folio Numbers tOthe Property: 28-1234- 079-0010tO the Western Parcel and 28-1234-079-0020tOthe Eastern Parcel. The Property forms 8 portion of single platted lot, as recorded iD Plat Book l58, Page 47Of the Public Records Of Miami-Dade County, Florida. The Applicant recently acquired the bulk Of the Property. The Applicant seeks tO develop 8 mixed-use project, with 8 fOCUS OD offices uses, as well 83 retail, residential and CODlDlUDitV USeS and outdoor walkable areas (the "Project"). � The southeastern one quarter of the Property, is identified by Miami-Dade County Folio No. 28 1234-079-002S and currently contains a 233 unit 191'674SFA[ Hotel. The Hotel Parcel is not part ofApplicant's holdings but is part of the Property and application area. |tis legally bound to the Applicant's property through a Covenant inLieu nf Unity nfTitle. Mr. Keven Klopp City of Aventura Page 2 The Project includes 208 multifamily residential units on the northeastern corner of the site, along with five townhomes on the ground floor of the residential building facing east, as well as 24 live work units on the southwestern edge of the project. Additionally, it will include 370,143 net square feet of office space and 42,254 net square feet of retail. The Project will retain the two existing office buildings on the middle of the Property, while proposing to demolish the easternmost office building where it will be replaced by the multifamily building. The two existing parking structures closer to Biscayne Boulevard will be retain but redeveloped to include Class A office, retail and live work space. Finally, but very importantly, the Applicant seeks to retain and activate the water feature on the south of the Property between the southernmost parking structure and the southernmost office building. The water feature will include a bridge, outdoor vending for restaurants and retail uses, as well as the ability for special events and entertainment - all while allowing the local iguana George to roam rule over his kingdom. Conditional Use Request. The Applicant requests a Conditional Use approval to permit a height of 21 stories for the multifamily residential building,15 stories for the office building on the northwest portion of the site and five stories for the townhomes on the east of the residential building. Additionally, Conditional Use approval will be needed for the proposed live/work use and for reduction in parking based on the mix of uses on the Property. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 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 the type of uses proposed are specifically contemplated contemplated in the Town Center designation and TC4 Zoning District 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's proposal will activate a dated and underutilized property with an exciting mix of uses. Bcrcow Radcll Fernandez Larkin?Tapanas 1305.377.6238 7.6238 direct 1 305.3 7.6222 fax 1 mmarrero@btrzoninglaw.com Mr. Keven Klopp City of Aventura Page 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will serve as a natural continuation of the Park Square project to the south, which contains a similar mixed use character. 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. City public facilities and services will continue to operate within the required levels of service once the Property is completed. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 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 designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping has been provided throughout the property, including the extensive activation of the site's existing water feature. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate you scheduling this application for the next available Bcrcow Radcll Fernandez Larkin?Tapanas 1305.377.6238 7.6238 direct 1 305.3 7.6222 fax 1 mmarrero@btzoninglaw.com Mr. Keven Klopp City of Aventura Page 4 public hearing. Should you have any questions please do not hesitate to contact me at 305.377.6238 Sincerely yours, Michael J. Marrero Enclosures cc: David Butter Bcrcow Radcll Fernandez Larkin?Tapanas 305.3;7.6238 direct 1 305.3 7.6222 fax i mmarrero@btrzoninglaw.com EXHIBIT 2 CU P2111-0001 BROWARD COUMr Y ■ ■rr�r�r�1r1 ; 'MW T■r 1111101111 ■ ■,! Lorm,TrM N- 4�1w ■r• DAD E COUNTY " ■4"L�7"L'J■rSiTiTr Ttir l�SlTti ■ Gml stream YACHT CLUB DR. ■ ■ Park ■ r MARINA ■ :i Aventmu HARBOR COVE :■ Hospital WAY CIRCLE ■ ;i & e SUBJEC C nr ¢ MP IN�RWAY ` SITE v ■ ��� Waterways r WATERWAYS wn Shoppes 207 ST. ■ :■ w ■ ¢ COUNTRY CLUB DR. .■ The N 205 a ■ Promenade ■ Shops oCl) O iVES DAIRY RD. :■ 203 ST. ■ Orn r9 ■ 0 ■ 201 TER. m ■ -' ■ C\' 0 Turnberry Isle ■ '■ V. m Resort&Club ■ AVENTURA 6L / ■ w ■ Q• ■ U U 0 Rescue Aventura J If ;r Station Library Z G�' 3 • ■ OU �� r _. Aventura Mall z �m :■ O YAC, r City of Aventura LHMA WY U LOB �J ra :■ Government Center a :■ 192 ST. W ILi 1AM r 192 ST. 191 ST. ;i 190 sq. MY5�1C ; X Loehmann's r :■ Fashion w a 0 ■ Island Q ■ m 188 ST. • Co ;r N r Z MIAMI % T GARDENS DR. 331 $0 0 a 0:r •—..,,._.—._.. %a 185ST 33 60 * '• r Al 183 ST.%a Dun foundling Bay i • Atlantic %• � � • Ocean • Little Z Williams • %a Biscayne rtt 2� Sound r arbour 180 ST, maule t N :a Paint <7 iP • ;a East • lazi3 -ti- ' a P t -EA37 Ft r • - . r r . w , ■ ,� •rr■�-sR . c ■ r . ■ , ■■ . .� LEGEND J :r ' r4taule •• Lake •• �• Roadways ■ •� . . . . . • City Boundary r • •• —•—.— ZIP Code Boundary • --------■ •� •- Railroad ■ r • EXHIBIT 3 CUP2111-0001 LEGAL DESCRIPTION OF LAND LEGAL DESGRIPTLON: Lf1 uVE A PORTION CF TRACT 'A', OF 'AVENTURA CORPORATE CENTER", A_C.v dU JG TD THE PLAT THEREOF, AS RECORDED IN PLAT BOCK 1586 AT PACE 47. 4F THE PUBUC RE12DROS, OF MIAwI-OADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLMS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT 'A'; THENCE 1489T0'WE: ALONG THE NORTH LINE OF SAID TRACT 'A', FCR 555.00 FEET; THENCE 511'19'21'W FOR 335.30 FEET; THENCE 50D'43'51'E FOR M5.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT `e THENCE N7.5'02`44'XALONG THE SOUTHERLY LINE OF SAID TRACT 'A", FOR 652.55 FEET; THENCE N25-31'25`w, ALONG THE SOUTHWESTERLY LIME OF SAID TRACT W. FOR 35.00 FEET! THENCE N22'43'1B"E, ALONG THE W=RLT UNE OF SAID TRACT Wr SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1). FOR 363.12 FEET; THENCE N55'25'5B'E, ALONG THE NORTHWESTERLY UNE OF SAID TRACT 'A". FOR 27.03 FEET TO THE POINT OF BEGINNING. PARCEL TWO: TRACT "A', OF AVENTURA CORPORATE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT EI K 158, AT PAGE 47. OF THE PUBLIC RECORDS OF MIAMI-OADE COUNTY, FLCRIO-A LESS THE FOLLOWING DESCRIBED PARCH OF LAND' BEGIN AT THE MOST NORTH, NORTHWEST CORNER 4F SAID TRACT 'A"; THENCE N88'10'38'E, ALONG THE NORTH LINE OF SAID TRACT "A", FOa 556.00 FEET; THE14CE 51119'21"w FOR 335.30 FEET: THENCE 9D0'4.3'5i''E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY UNE OF SAID TRACT 'k", THENCE NT8'02'44"W, ALONG THE SOUTHERLY UNE OF SAID TRACT Wr FOR £52.55 FEET; THENCE N28'31'25'w, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 'A". FOR 35.00 FEET. THENCE 1422'43'16'E, ALONG THE 'WESTERLY UNE OF SAID TRACT 'A'. SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-NAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1). FOR 363.12 FEET_ THENCE N56'26'50'E, JLONO THE NORTHwESTERL7 UNE OF SAID TRACT 'A', FOR 27.03 FEET TO THE POINT OF BEGINNING. AND LESS THAT PORTION CONVEYED TO NDRWICH AVENTURA II LLC, A DELAWARE LIMITED LIABILITY COMPANY, BY SPECIAL WARRANTY DEER, RECORDED DECEMBER 1& 2014. IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIA11I- OADE COUNTY, FLORID. MORE PARMULARL7 DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT 'A,'; THENCE N881638'E; ALONG THE NORTH LINE OF SAID TRACT 'A', FOR 556.00 FEET. THENCE 511'19'?I'w FOR 335.30 FEET; THENCE SOO'+.}'51"E FOR 18.03 FEET TO THE POINT OF BEGINMINO OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE 500'43'51`E FOR 187.14 FEET TO A POINT OF THE SOUTHERLY UNE OF SAID TRACrA'; THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY ❑F SAID TRACT 'A"; (1) THENCE S78W'4a'E FOR 73.05 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHEASTERLY ALONG A 1430.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ,ANGLE OF 04'11'01' FOR AN ARC. DISTANCE OF 108.00 FEET; (3) THENCE M07-04'25'E FOR 4G.00 FEET; (4) THENCE 502-55'S5'E FOR 35.00 FEET; (5) THENCE S07-04'25W FOR 45,00 FEET TO A POINT ON A CIRCULAR CURVE YHOSE RADIUS POINT BEARS NG9'22'35%; (6) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04-33'C5` FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF COMPOUND CURVATURE; (7) THENCE EASTERLY AND NORTHERLY ALONG A n.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94'45'42' FOR AN ARC DISTANCE OF 41.34 FEET TO A POINT OF TANGENCY; (B) THENCE N0255'32'W FOR 254.30 FEET: THENCE S87'04-3CW FOR 1.38.61 FEET, THENCE S37`12'35`W FOR 30,60 FEET; THENCE S67'W34'w FOR 86.00 FEET. THENCE S15-40'06`w FOR 7.38 FEET; THENCE S57-GW34"W FOR 93.63 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NON-EXCLUSIVE EASEMENTS AS SET FORTH AND FURTHER DESCRIBED IN SECTION 3(0) OF THAT CERTAIN PARKING AGREEMENT. RECORDED DECEMBER M 2014. IN OFFICIAL RECORDS BOOK 29+34. AT PAGE 3651. AND SECTION 3 OF THAT CERTAIN AMENOE6 AND RESTATED EASEMENT AND OPERAT11%10 AGREEMEMT, RECORDED DECEMBER 19, 2014, IN OFFICIAL RECORDS BOOK 2g434, AT PAGE 3695, DF THE PUBLIC RECDROS DF MIAMI-DACE COUNTY, FLDRIDA_ 'Moi �,vaiuuoij' nw a—w— -3 X!5q!y;--p 01 C, N, 0 1Sd1H—'KNO—OV1t M—OVA 3S s 1 3 1 1 H Z) H V !;"I .e 831N30 31VHOdblOO vbinIN3AV H:)I AO SA Z A W-H .j LLB 7 It Em= I ......................... ............... 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W d5 444'00£=3JIddO lh'J103W 35 444lL9=3Jijj0 co • W � ds naa'a4e=3JId�o lv�la3 W '� ;a a � SWOOaEEZ=l310H U n0 L£Z=ltlI1N30153a � O � Q d5 4L4'E4=11tl13a 0 3S bbE'ZLb=3JS330 L U � z W . Q d5 a44'a4£=3JIddO 1tlJ10cli 3W �S 444`6L9=3J}�30 - 35 044'04£=3J13301YJ103W • 15 449'L££=3Jllj0 swooa££z=131oH < • n0 L£Z=ltlI1N3O153a d5 4L4'E4=11tl13a N • N a � a � N CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A HEIGHT OF 21 STORIES FOR A MULTIFAMILY RESIDENTIAL BUILDING AND 15 STORIES FOR AN OFFICE BUILDING, WHERE THE CITY CODE PERMITS 10 STORIES, AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2) FOR PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE OTHERWISE ALLOWS UNITS TO BE EITHER COMMERCIAL OR RESIDENTIAL, BUT NOT BOTH; AND (3) TO PERMIT 1,735 PARKING SPACES, WHERE 1,891 SPACES IS REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801 — 20807 BISCAYNE BLVD.; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulation, Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District" of the City Code of Ordinances, the applicant, Bercow, Radell, Fernandez & Tapanes on behalf of Aventura Opportunity Owner LLC and Norwich Aventura, has applied to the City of Aventura (the "City") for Conditional Use Approval (Application No. CUP2111-0001) related to the development of a mixed use project (the "development") located at 20801- 20807 Biscayne Boulevard, in the TC4 District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the applicant has requested Conditional Use Approval to permit a height of 21 stories for a multifamily residential building and 15 stories for an office building, where the City Code permits 10 stories for both a multifamily residential building and office building, and 5 stories for a residential building in a buffer zone, where the City code permits four stories for a residential building in a buffer zone; and WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the applicant has requested Conditional Use Approval to permit live/work units, where the City Code otherwise allows units to be either commercial or residential, but not both; and WHEREAS, pursuant to City Code Section 31-145(e)(4)n, the applicant has requested Conditional Use Approval to permit 1,735 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where the City Code requires 1,891 spaces; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and City of Aventura Resolution No. 2022- WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use (1)to permit a height of 21 stories for a multifamily residential building and 15 stories for an office building, where 10 stories is permitted by the City Code, and to permit 5 stories for a residential building in a buffer zone, where the City Code permits 4 stories; (2) for proposed live/work units, where the City Code otherwise allows units to be either commercial or residential, but not both; and (3) to permit 1,735 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where the City Code requires 1,891 spaces for the Property is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions- 1. Drawings as submitted October 10, 2021 and listed in Exhibit B, unless otherwise subsequently amended by Administrative Site Plan Approval (ASPA). The referenced plans were reviewed under Administrative Site Plan Approval regulations, the proposed TC4 zoning district regulations, and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Mitigation will be required of an intersection or roadway that does not meet the City's adopted level of service standard due to traffic impacts from the proposed development, as determined from the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer. Intersection or roadway mitigation is subject to the approval of the City Manager and the appropriate maintaining agency. 3. Modify the northbound approach to the intersection of NE 207 Street and NE 30 Avenue to an exclusive left-turn lane and a shared through and right-turn lane, eliminate the current split phase for north and south movements, allocate more green time for east and west movements, and include a protected westbound to southbound left turn phase. Subject to the approval of the City Manager and Miami-Dade County. Page 2 of 6 City of Aventura Resolution No. 2022- 4. Contribution toward the expansion of the City's Freebee circulator service in the amount of $120,000 per year for three years with the first payment due before the issuance of the first permit for the project or by September 30, 2022, whichever is earlier and each of the next two payments due on the respective anniversary date of the first payment. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. 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 6. 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 Johnathan Evans Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 4th day of January, 2022. Page 3 of 6 City of Aventura Resolution No. 2022- 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 , 2022. CITY CLERK Page 4 of 6 City of Aventura Resolution No. 2022- EXHIBIT "A" LEGAL DESCRIPTION OF LAND LEGAL DESCRIPTION: PA,Rr;EL m4E: A I,,ORTIC'N CF TcAJ'T .A"., OF "A.'VENTUNA, CORPORATE C°EP:'TEI ACCINUANG T, THE PLAT THEE'PIF, AS CE.;tRDED IN PLAT u t_..k I Er., AT PAGE 0, OF THE PUBLIC RECEYRDS OF I lAv-I OA.E ,,'o-NTf, FUY I(,A. I;ElNro ai0RE PAOTIC,0L PLY ,E.:01RII.E,. ASF,LL'"}W': EE"h AT THE MC T NORTH, N RTHI E_T =.:C,sRNEr OF 'S'AD TFAs;T .4"; THEN;E N,58 1 ;,1':c'E, 4L'vT"Id. THE NORTH LINE OF `AID -P ACT "A:', FOR 556.00 FEET., THENCE 1�°W1 �a` F R 335.30 FEET, THE' :E S0:04 "E FOR 29E,15' FEET Tn' A F°UMT ON THE SCMTHERLY LIME Of 34` TRACT 'A',. THEN,'E THE ,.::,tTHErL�° LJh E OFy SAID T .at:T "s'` Fc_ (u' FEET, THEN-,E N28:V2 N, A,L=:: I� THE ..,vTHwB'lERLf LIME OF TRACT y", FOR 55.U0 FEET, THENCE 1.2'4.IM-E, AUJING THE "NL--"TEF:LY UNE LT SAID T'R.ACT AID LINE AL.:v' eaEIF;?C:� THE Eel';-;TE9TLY" lel=.�HT—wF—�ti,a:'Y LIPsE �}F 3�1�:::'siYT�dE L•".��LE"a:4R a',STATE ROAD C NO, 1) FCIi .:63,1 : FEET; THEN,,TE THE N,;:,,.THoVE'TF-RL'r LINE .F .,A.II TRACT 'A F"€R, a`," FEET T": THE POINT OF HE(jNNING, PARCEL 7WO� TT?4,-,T "A" OF AVEN17URA CORF-C:.'+TE CENTER, 4,20tIRDIN= TO THE PLAT THE€sE:F, RE,.; R'OEIS IN, PLAT Un2Or 1`0,, ,T PA,2E 47, OF THE PURUC [E,,'0RDS f AA.v"I ADZE ,.I kINT'j, LESS THE FaLLOS'sIt . DEStw°-NFE7 i'AF-'.'EL OF LAND: BEGIN AT THE 1.16',.":T NORTH, WIRTH%WS,.T CCA77NER OF rl TI k2T '4"; THENCE N36 10':W E, AL.:',NG THE NORTH LIFE OF 'r.AIF TRA,(j °"A`, FO: 5 6 ?C_ FEET THEWE N 1619' 1`vv FOR s S.tiv t E F.a' M • FEET T � � T THE aTHE�LT LINE - CIF SAID T,A„T °` ', THU?CE 1:5 :2 4_'%V„ AUUNG THE `_OUTHEKLY UN1 OF ,,AID TgACT FOR, 552 FEET, THENCE 12rn'3l�`W, A:LON'S THE ` wL.€TH E.TERL°Y LINE OF N,AI.€ TRAL,T A FtiYR 35,fir, FEET TTHEI E Ir " 'i E: AL'I,`G THE AE*TERLf UNE I:f -'SAID' TRACT 'A'°,. ,Air) LINE AL,:l REINi"' THE EASTE LY RI?W:HT-OF-*A.f LINE OF a-'I',r YNE , ULEt=A— ( ATE r':AD C;',:S NO. U. Fjw 3637r FEET, TTHEti,,:E ht, _H'°�:<Ip"E, :Uo,,4-,� THE lYu<•,;THooE-STERLY UNE F , D -MA,':T `A F'li 3.7-15 FEET T THE POINT Vf BE INNINGr AND LEA:' THAT Fr'TkT1CON t ", VET'EO Tn a„k,7WCH A�,04T.:,tA II LLD, :A 0ELAWAFE LIMITEC I-WRILITY :O"AriT, -,Y 'wPECIAL VVARRWr Jf 0EED. I.E.,'0RrED DE":EmFER 7=, 2f.,4. IN, QFFluIAL 16.0RUIS B1:KA 2°911 41, AT A;.E :,41, (IF THE K,31Ju E e "'t.y T VIAVI IJA E ,;IJ JTY, FL Ibk MMiE PARTIGAAAY aE.;""RjEG �": F(U woo B IN AT THE MOST MOIRTH, NOrTHYEGT v.nRNEr, as'F .-410 TTTAf'T 'Ak"; THENC'E AL:>NO THE NORTH LINE OF -1ra T ACJ "A. FSR 556,0Q, FEET; THEti€s.E . ,, ),,!" I'O 5,1,s;ti:: FEET;: TTHEr`E E .�:I�is .° 1"E F H f-"Co) FEET T-u THE F INT OF CT' THE HE,IEI IA,FTDt :1E,,A8EI 'v'`� cEL CF LAM'3, TTHEaC;E ccvT1NuE ',co435V'E Fla I : .°A FEET TO APOINT OF THE : €_€THERLY UNE OF :;fi10 lw.Ar;-rA."; THE FaLL 4"NING EIGHT ,;•a) XOJR'SES .EI",,, AU:"NG THE SICY:ITIERL'Y ANO EASTERLY 30[a'kE4 A.Rr SF S41P TRACT 'A"; THEhCE S7W ,`AA'E F'aw .3,05 FEET T; A POINT .�F ..CJR'.°AT=RE; <,2: TTHEWrE SWT1HEA TERL'r AL',NN:i A 1436,"A! FC.,:T raLViS C� RvE LEA,"A`aC TCP THE LEFT TH CI ,ItH A CEN-PAL .NClE OF t; '?.S FC11 AN AHC DISTANCE OF 70 .2'-) FEET: (J) THENCE .Su€'7'043vs".E FOR 4.C;..G(,, FEET; �'4) THEIC'E 5K-5!%M; E FOR 35.0C FEET '€ THE24CE D O. R I r. ==°fir Fal, 4w.Cr. FEET TO A P-'2,V=dT DN A CIRCULAR CUR',,E ` K) E [4A IUr. POINT SEAR NCB°22 5"E; (6) THENCE :"uTHEASTER"LY .AU'.KC A 7A..as : FOOT r'-"T, EuR"".'E LEAVDIrgG TO THE LEFT: *ROC J,W;H A Eg T'AL �,I�:€^LE trF t�'wYO5 F:.�,k ,ins k' G1=TA,,N;E OF i14 .., FEET Tc, A I N T of a.Fr+E„".rt GJ=fV:&,T:J;�E; rE) THENCE EAGTERLY ANO NORTHERI-4 ALONG, A 2 K) FOOT PAJOIL25 UR.'VE LEA INO TO THE LEFT, THRO.L."OH A, CENTRAL kNIGLE i:1' 94'45ac.'- F C` Arc' M' DISTANCE %IF +I1.3A FEET TO A FC:d^;,1T CF TAPJ'.'.Ewr'`N 8, THEN'':E h �'w=:'°i°� FM r'54381 FEET; THENCE - ?`C ,,T` FOR 13=;T FEET. THEY,-'E S� 2 a 'W F.:sA 3O,K` FEET: THEII':E rLW' 'A' IF R 66.,00 FEET. THENCE S'� 4 !r; �` ForR FEET: TTHP,.,11E a '4�•-T"axe 'A' 1`0€2: -'f5.6 5 FEET TO THE POINT "F BEGINNING. TOGETHER WITH THE h,CN—EXCUJSI1 'E E4,SEaQ.ENT-, A.1 SET FORTH AND FURTHE%t rESM.IPEa IN. E:TIO�,I "R.) If THAT LEFT-AIN PARKING AGREEmENJ, RE 0RC:EC, I°E:Em HER IA. 2014: IN OFFICIAL B(POK �,94L-m, AT , C E ,tw`1, AND SE.TIcK, b� ?"F THAT C.EgTA N Av P4,)Ei, sANU' REkTATEL) EASEI)ENT AND OPEiATTNG ,A°G&,EEMENT, HECcJ,.LEI) L;E°-'EWER, 18, Ir? OFFICIAL REL IRi,Da 30Crk 9 i3d,. AT PACE OF THE PUKIC REm:LR :C Of' MIA-VI DAIIE IOUNTf, FLORIDA. Page 5 of 6 City of Aventura Resolution No. 2022- EXHIBIT "B" PLAN SET REFERENCE Aventura Corporate Center Site Plan submittal received October 10, 2021 INDEX LIST A-000 Cover A-001 0ata Sheet A-002 Setback diagram C-001 Context Photos 1 Survey 2 Sure 1 2 Tree ure . C-1.0 Civil Site Plan C-2.0 Utility Plan C- -O Grading and 0rainage Plan LPO1 0round Floor Planting Plan LP02 Office-Ame'niity Oak Level0 LP03 Pool 0eck Level 07 LP04 Pool Dock Level 18 LP05 Building 10-Courtyard Level 4 LP06 Building 113 loot Terrace LP07 Imageoard A-101 Site Plan Ground Floor A-102 Site Plan 2nd Floor A-1103 Site Plan Srd Float A-104 Site Plan 7th Floor A-106 Site Plan Sth Floor A-706 Site Plan 18th Floor A-107 Site Plan 21 Floor A-1108 Site Roof Plan A-20111 Ouilding 1A Elevations A-202 Building 1A Elevations A-203 Building 1B Elevations A-2014 Building 2 Elevations A-20S Building 2 Elevations A-301 Sections A- 01 renderings A- 02 renderings A-403 Renderings A-404 reederin s A-SO'1 aterial oard A-502 Material hoard Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klo pp Community Development Director DATE: December 29, 2021 SUBJECT: Request by Parcel U / SR-1 Trust, LLC for Conditional Use Approval for a Proposed Assisted Living Facility on Property Located at the Southeast Corner of East Country Club Drive and Yacht Club Way Biscayne Boulevard (CUP2110-0001) January 4, 2022 City Commission Meeting Agenda Item 6B RECOMMENDATION It is recommended that the City Commission approve the subject Conditional Use request for land located on the southeast corner of East Country Club Drive and Yacht Club Way to facilitate development of an assisted living facility known as Belmont Village Senior Living Aventura. THE REQUEST The applicant, Bercow, Radell, Fernandez Larkin & Tapanes on behalf of Parcel U / SR- 1 Trust LLC, is requesting Conditional Use approval to allow a floor area ratio of 2.85, where 2.0 is permitted by code, and to allow lot coverage of 53% where maximum lot coverage of 40% is permitted by code, for an assisted living facility to be constructed pursuant to the City's Green Building program. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Parcel U / SR-1 Trust, LLC NAME OF APPLICANT Michael J. Marrero, Esq. Bercow Radell Fernandez Larkin & Tapanes LOCATION OF PROPERTY Southeast Corner of Yacht Club Way and East Country Club Drive See Exhibit#2 for Location Map Folio Number 28-1235-014-0070 SIZE OF PROPERTY 1.4 acres See Exhibit#3 for Legal Description The property is located east of East Country Club Drive between the Lehman Causeway access road and Yacht Club Way. The property has been vacant for at least 50 years. The site has often been used as staging area for various entities and purposes over the years. The Project proposed is a 192-bed assisted living facility. The project will be required to obtain Administrative Site Plan Approval. The plans for the project, which were presented to the City Commission on September 23, 2021, are provided in Exhibit #4. A preliminary traffic analysis has been completed. It is included as Exhibit#5. ANALYSIS Future Land Use Designation Subject Property: Medium-High Density Multi-Family Residential Property to the North: Medium-High Density Multi-Family Residential Property to the South: William Lehman Causeway Property to the East: Medium-High Density Multi-Family Residential Property to the West: Medium-High Density Multi-Family Residential Zoning Subject Property: RMF-4 High Density Multi-Family Residential Properties to the North: RMF-4 High Density Multi-Family Residential Properties to the South: William Lehman Causeway Properties to the East: RMF-4 High Density Multi-Family Residential Properties to the West: RMF-4 High Density Multi-Family Residential Existing Land Use Subject property: Vacant Properties to the North: High Density Multi-Family Residential Properties to the South: William Lehman Causeway 2 Properties to the East: High Density Multi-Family Residential Properties to the West: High Density Multi-Family Residential Access —Access to the site will be provided via a circular driveway on Yacht Club Way. Standards for review found in Section 31-73 of the Land Development Regulations: The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is High-Density Residential. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare given the conditions of approval. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood of the proposed use is comprised of high-density residential uses and open space uses. The proposed Assisted Living Facility is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available given the conditions of approval concurrent with demand as provided for in the City's Land Development Regulations. 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. Adequate measures have or will be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the property is via a circular driveway off Yacht Club Way. 3 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. The applicant's construction of the project could be a benefit to the community by providing transitional residential options for residents in the area. 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 design of the proposed use minimizes 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 architectural design is compatible with existing buildings in the area. The site is landscaped with Florida friendly canopy trees and plantings. Public Hearing Notice - 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. RECOMMENDED CONDITIONS OF APPROVAL Staff recommendation to City Commission is approval of the Conditional Use request subject to the following requirements- 1. Drawings as provided to the Community Development Department on September 22, 2021 and presented to the City Commission on September 23, 2021 as included in Exhibit #4 unless otherwise subsequently amended by ASPA (Administrative Site Plan Approval). The plans will be reviewed under Administrative Site Plan Approval regulations, the RMF-4 zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Mitigation of negative traffic impacts created by the proposed development, as determined necessary by the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer, subject to the approval of the City Manager and Miami-Dade County. 3. Applicant shall also: a) Complete a study of the lighting conditions along Yacht Club Way from East Country Club Drive to the bridge, subject to the approval of the Director- 4 i) propose improvements to the lighting, as needed on the median of Yacht Club Way, in order to mitigate any deficiencies noted by the study, subject to the approval of the Director; ii) include such improvements in the associated set of construction plans; and iii) commit to constructing the lighting improvements. b) Complete a study of the pedestrian walkway conditions along the south side of Yacht Club Way from East Country Club Drive to the bridge, subject to the approval of the Director: i) propose improvements to the pedestrian walkway conditions on the south side of Yacht Club Way in order to mitigate any deficiencies noted, subject to the approval of the Director; ii) include such improvements in the associated set of construction plans; and iii) commit to constructing the pedestrian improvements. c) Complete an analysis of the impacts of the proposed ALF upon ingress and egress as it relates to emergencies and the existing developments to the west of the proposed ALF that rely on Yacht Club Way, subject to the approval of the Director: i) include in the analysis for the City's consideration, a presentation of alternative solutions and technologies available to facilitate emergency response in large- scale emergency events (such large-scale emergency events are identified as events with a broad neighborhood or area impact, such as a hurricane warning/evacuation, bomb threat, building fire, or other multi-agency police event; large-scale emergency events shall not include day-to-day police or emergency response operations); ii) propose a large-scale emergency protocol and maintenance of traffic plan for the ALF property that will not only minimize deterioration of existing conditions along Yacht Club Way during a large-scale emergency, but also potentially facilitate better ingress and egress during a large-scale emergency via coordination with the Police and/or Fire Departments' needs, subject to the approval of the Director; and iii) include the emergency protocol and on-site maintenance of traffic plan as an exhibit in the administrative site plan for the ALF project. d) Submit a full traffic impact study following a methodology reviewed and pre- approved by the City, to include the following: i) an analysis of the traffic signal timing at the intersection of Yacht Club Way and East Country Club Drive, subject to the approval of the Director; ii) commit to traffic signal timing improvements at Yacht Club Way and East Country Club Drive if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County; 5 iii) an analysis of the potential for camera-activated smart traffic signal operations at the intersection of East Country Club Drive and Yacht Club Way, if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County; and iv) commit to mitigation with camera-activated smart traffic signal operations at Yacht Club Way and East Country Club Drive, if feasible, if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County. e) Complete a study of the use of Yacht Club Way by school buses, subject to the approval of the Director: i) The City will provide the approximate pick-up and drop-off times of school buses using Yacht Club Way. The bus study will include number of buses, dwell times, and queuing behind the buses on two typical weekdays. ii) propose alternatives that could mitigate traffic congestion that results from school buses, including identification of the entities that would be involved in implementing such alternatives f) Propose limitations on delivery trucks to minimize their impact during peak traffic times: i) include limitations as restrictions associated with the development. 6 EXHIBIT 1 CU P21 10-0001 nBERCOW RADELL FERNANDEZ October 15, 2021 LARKIN TAPANES VIA ELECTRONIC MAIL =01001"o— .00 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,Fl-33131 Community Development Director City of Aventura www.brzoning�aw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 30-5.377.6238 office 305.377.6222 fax Re: Letter of Intent—Conditional Use Approval for Belmont Village mmarrero@brzoninglaw.com Community Dear Mr. Klopp: Our law firm represents Turnberry Associates ("the Applicant"), the owner of the property located at the southeast corner of Yacht Club Way and East Country Club Drive (the "Property") in the City of Aventura (the "City").This letter shall serve as the Applicant's letter of intent in connection with an application for Conditional Use approval for development of the Property. .Property Description. The Property is an irregularly shaped lot located at the southeast corner of Yacht Club Way and East Country Club Drive, commonly referred to as Parcel U.The Property is approximately 60,984 square feet (1.4 acres) in size and is identified by Miami Dade County Property Appraiser Folio No. 28- 1235-014-0070. See Exhibit A, Property Appraiser Summary. The Property is zoned RMF4 and has a land use designation of Medium to High Density Residential. Currently, the Property is vacant. Conditional Use Request. Pursuant to the Section 31- 143(f)(2a)(d) of the City's Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit additional FAR (floor area ratio) of 2.85, where 2.0 is permitted by right and 53% lot coverage where 40% is permitted by right. Both requests are supported through the City's Green Building Program, which incentives projects that achieve LEED status. Mr. Keven Klopp Page 2 Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 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 this type of use is permitted and contemplated in the High Density Residential designation and RMF4 Zoning District 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's proposal is for a use that is needed in the City with the community's evolving demographics and further, the use is not the most intense use permitted as to traffic and infrastructure impacts. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will facilitate existing residents of the community to remain in Aventura and in their neighborhood even if their needs change to require more medical care in their residential community. 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. City public facilities and services will continue to operate within the required levels of service once the Property is completed. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. Bercow Fadell Fernandez Larkin&Tapanez 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 designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping has been provided throughout the property. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate you scheduling this application for the next available public hearing. Should you have any questions please do not hesitate to contact me at 305.377.6238. Sincerely, Mickey Marrero Enclosures cc: David Butter, Esq. Bercow Fadell Fernandez Larkin&Tapanez 305.377. 238 direct 1305.377.6222 fax mmarrero@brzoninglaw.com EXHIBIT 2 CUP2110-0001 BROWARD COUNTY DADS COUNTYGulf'" ■ ■ ■ ■■ ■ �'YTL'JI"fVTi7V�'l�51Ti ■ Park ream ■ '■ Park YACHT CLUB DR. ■ '• 7ke. . 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M , MW FBI EXHIBIT 5 CUP2110-0001 TRAFFIC ENGINEERING -CIVIL ENGINEERING -TRANSPORTATION PLANNING 1750 PONCE DE LEON BOULEVARD I CORAL GABLES,FLORIDA 33134 305.447.0900 1 DPA@DPLUMMER.CCM November 2, 2021 Mr. David Holtzman Senior Vice President of Development Turnberry 19501 Biscayne Boulevard, Suite 400 Aventura,FL 33180 (305) 933-5505 (o) (305) 903-1203 (m) dholtzmangturnberry.com Re: Belmont Village Aventura Preliminary Traffic Impact Analysis - #21120 Dear David, A preliminary traffic analysis was conducted to assess traffic impacts of the proposed Belmont Village Aventura development on the Yacht Club Way / East Country Club Drive intersection. This intersection will be the most impacted by the proposed project. This evaluation was done in accordance with the City of Aventura Comprehensive Plan and conducted for existing conditions, future without project conditions, and future with project conditions. This letter documents the study methodologies, data collection, analyses, and conclusions. A full traffic impact study for the area will be completed and submitted for City review and approval, once a traffic study methodology is approved by the City. (The methodology to be submitted is provided in Attachment A). Pro*ect Background The proposed project is located on the south side of Yacht Club Way just east of East Country Club Drive in Aventura, Florida (See Exhibit 1). The project is proposing a 192-bed Assisted Living Facility (ALF). Access to the site will be provided via a proposed two-way driveway on Yacht Club Way. (See Attachment B for the site plan). c�Pa Since 1978 BELMONT VILLAGE AVENTURA A f M1 v�. a !• v ' V r }I s r � r r ' IFS • i, ,. , y 416 f ` �o LLJ I"ro p - � J.j � JCS• -.� `� acht Cl Y ...a�,:. :�.�• •r ,� ,,,.;.,•� '- - ub Way41 RIF oa b - r Lehman Causeway i - - AL •1 '&I� Yti'; r. ,i ' Preliminary Traffic Analysis Procedure The preliminary analysis undertaken follows the following methodology: • Turning movement counts (TMCs) for the morning (AM) and afternoon (PM) peak hour for the Yacht Club Way / East Country Club Drive intersection were collected on December 8, 2020 and are provided in Attachment C. • Due to the irregular traffic patterns caused by the Covid-19 pandemic, a "Covid Factor" was developed to normalize the TMCs to preCovid-19 conditions. The"Covid Factor"was based on the difference in TMC volumes collected on February 19, 2020 (before Covid-19 restrictions) and December 8, 2020 at the nearby West Country Club Drive / William Lehman Causeway WB Ramp and West Country Club Drive/William Lehman Causeway EB Ramp intersections. The calculated "Covid Factor" (a factor of 1.3 for the AM peak hour and 1.15 for the PM peak hour) was applied to the collected Yacht Club Way /East Country Club Drive intersection TMCs to normalize the existing traffic volumes. • Signal Location and Timing — Existing signal phasing and timing for the signalized intersection were obtained from Miami-Dade County (see Attachment B). • Background Traffic—A growth factor consistent with historical annual growth in the area was applied to the existing traffic volumes. The growth factor was determined using the Average Daily Traffic counts published by the FDOT and the procedure outlined in the FDOT Project Traffic Forecasting Handbook. This method calculates growth rates by station and considers three methodologies (lineal growth, exponential growth, and decaying exponential growth). • Future Transportation Projects — The projects listen within the 2021 TIP and the 2045 LRTP were reviewed and considered in the analysis at project build-out. • The following nearby proposed developments were included in the analysis: o The Esplanade at Aventura 0 3050 Aventura o Turnberry Isle Yacht Club • Trip Generation—project trips were estimated using trip generation information published by the Institute of Transportation Engineers (ITE) publication Trip Generation Manual, 1 I'Edition. • Trip Distribution/ Trip Assignment- Net new external project traffic was assigned to the adjacent street network using the appropriate cardinal distribution from the Miami Dade Long Range Transportation Plan Update, published by the Transportation Planning Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 3 P° Since 1978 Organization. Normal traffic patterns were also considered when assigning project trips. • Intersection analysis was done using the Synchro software based on Highway Capacity Manual (HCM 6th Ed. was used when applicable). • Intersection analysis was conducted for existing conditions and future conditions (2024). Traffic Data Summary Signal timing data was obtained from Miami-Dade County for the analyzed signalized intersection in this study. This information was used for the signal phasing and timing required for the intersection capacity analysis. A field survey was conducted to obtain the lane configurations used in the intersection analysis. Exhibit 2 shows the existing lane configurations and the existing condition AM and PM peak hour volumes. Signal timings are provided in Attachment C. Roadway Characteristics Yacht Club Way Yacht Club Way is a two-way, four-lane, divided, local roadway that crosses the Intracoastal Waterway and connects the City of Aventura mainland to the island and Marina. The speed limit is not posted. The City of Aventura has jurisdiction over Yacht Club Way. East Country Club Drive Within the study area, East Country Club Drive north of Yacht Club Way is a four-lane, two-way, divided, collector roadway that provides north/ south access west of the site. East Country Club Drive south of Yacht Club Way is a two-lane, two-way, divided, collector roadway. The posted speed limit is 35 mph. The City of Aventura has jurisdiction over East Country Club Drive. Existing Conditions Intersection Capacity Analysis Synchro software was used to perform intersection capacity analysis. Synchro is a macroscopic analysis and optimization software application that implements the Intersection Capacity Utilization method for determining intersection capacity. Synchro also supports the Highway Capacity Manual's methodology for signalized intersections and roundabouts. Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 4 P° Since 1978 BELMONT VILLAGE I RI U U c c 0 0 U U 1J Ji (O M M N rn o t—129(174) M rn 354(294) Yacht Club Way Yacht Club Way in co o � M M N co I, co K N Existing Lane Configurations Existing AM & PM Peak Hour Traffic Volumes 00 AM (00) PM Project Location Exhibit 2 Existing Conditions NORTH MAP NOT TO SCALE DAVID PLUMMER & ASSOCIATES I Project No. 21120 p.5 Exhibit 3 shows the resulting LOS and intersection delays for morning and afternoon peak hour conditions. The results show that the intersection currently operates within the City's Level of Service (LOS) standards. Capacity worksheets are included in Attachment D. Exhibit 3: Existing Conditions Intersection Capacity Analysis Weekday AM and PM Peak Hour Conditions Signalized/ AM Peak PM Peak LOS Intersection Direction Unsignalized/ LOS Delay LOS Delay Std. Yacht Club Way/ NB B 16.8 B 19.7 E+50 East Country Club Signalized SB B 10.8 B 10.4 E+50 WB D 35.5 C 27.1 E Drive Overall C 20.9 B 18.7 E+ Future Conditions Average Daily Traffic counts published by the FDOT were reviewed to determine historic growth in the area. This analysis results in a 3.3% yearly growth rate in this area in the past years. This 3.3% yearly growth rate was used to project future background traffic to the year 2024. Historic growth rate documentation is included in Attachment C. The Esplanade at Aventura, 3050 Aventura, and Turnberry Isle Yacht Club developments were found within the vicinity of the project and were considered as committed developments. No roadway capacity improvements were found in the area. Committed development information is included in Attachment C. Future without Proiect Conditions Intersection Capacity Analysis Future without project conditions were obtained by adding background traffic and committed development traffic to the existing traffic. Exhibit 4 shows the future without project AM and PM peak hour volumes. Exhibit 5 shows the resulting LOS and intersection delays for morning and afternoon peak hour conditions for future without project conditions. This analysis shows that the intersection continues to operate within the City's LOS standards. Capacity worksheets are included in Attachment D. Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 6 P° Since 1978 BELMONT VILLAGE I RI O` U i O U LLI rn� �N °' 168(211) Loo ;- 450(363) �LJ Yacht Club Way �o �t �r M cf � M � co 00 AM (00) PM Project Location Exhibit 4 Future Without Project AM & PM Peak Hour Traffic Volumes NORTH MAP NOT TO SCALE DAVID PLUMMER & ASSOCIATES I Project No. 21120 7 p. Exhibit 5: Future without Project Conditions Intersection Capacity Analysis Weekday AM and PM Peak Hour Conditions Signalized/ AM Peak PM Peak LOS Intersection Direction Unsignalized/ LOS Delay LOS Delay Std. Yacht Club Way/ NB B 19.2 C 20.2 E+50 East Country Club Signalized SB B 11.6 A 9.6 E+50 WB E 63.4 D 35.8 E Drive Overall C 31.9 C 21.2 E+ Trip Generation and Distribution The proposed project trip generation was calculated based on the rates/equations published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11"Edition. This manual provides gross trip generation rates and/or equations by land use type. These rates and equations estimate vehicle trip ends during the AM peak and PM peak hours at a free-standing site's driveways. Based on US census data, 1.7% of people within the area use other modes of transportation. For a more conservative analysis, no transit deduction was taken for the analysis. The proposed project trip generation is summarized in Exhibit 6. Trip generation documentation is included in Attachment E. Exhibit 6: Trip Generation Summary Proposed ITE Land Number Daily AM Peak Hour PM Peak Hour Vehicle Vehicle Trips Vehicle Trips Use Designation) of Units Trips In Out Total In Out Total Assisted Living 192 Beds 500 21 14 35 18 28 46 Land Use Code: 254 Total Gross Trips 500 21 14 35 18 28 46 Based on ITE Trip Generation Manual, I It'Edition. Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 8 P° Since 1978 Project traffic was distributed and assigned to the driveways using the Cardinal Distribution for TAZ 74, shown in Exhibit 7. The Cardinal Distribution gives a generalized distribution of trips from a TAZ to other parts of Miami-Dade County. The TAZ can be summarized as 21% to the north, 24% to the south, 0% to the east, and 55% to the west. For estimating trip distribution for the project traffic, consideration was given to conditions such as the roadway network accessed by the project traffic, driveway placement and land uses, roadways available to travel in the desired direction, and attractiveness of traveling on a specific roadway. Project trip distribution and trip assignments for the proposed project are shown in Exhibits 8 and 9, respectively. Exhibit 7: Cardinal Distribution (TAZ 74) DIRECTION 2015 2045 2024 NNE 2.8% 3.0% 2.869/o ENE 0.0% 0.0% 0.00% ESE 0.3% 0.3% 0.30% SSE 4.9% 4.9% 4.90% SSW 17.0% 24.2% 19.16% WSW 36.4% 33.6% 35.56% WNW 20.3% 15.7% 18.92% NNW 18.4% 18.4% 18.40% Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 9 P° Since 1978 BELMONT VILLAGE I RI �Q) 0y U i O U 11J a N 73 Yacht Club Way % In ■ % Out Project Location Exhibit 8 Project Trip Distribution NORTH MAP NOT TO SCALE DAVID PLUMMER & ASSOCIATES I Project No. 21120 p.10 BELMONT VILLAGE I RI �Q) 0y U i O U 11J Lip Yacht Club Way 00 AM In (00) PM ■ Out Project Location Exhibit 9 Project Trip Assignment NORTH MAP NOT TO SCALE DAVID PLUMMER & ASSOCIATES I Project No. 21120 p.11 Future with Proiect Intersection Capacity Analysis The future without project traffic volumes and project trips were combined to obtain future with project traffic at the analyzed intersection. Exhibit 10 shows the resulting LOS and intersection delays for future with project conditions during the AM and PM peak hour. As with existing and future without project conditions, the results shows that the Yacht Club Way /East Country Club Drive intersection continues to operate within the City's LOS standards. (It should be noted that the project represents less than 2% of the projected AM peak hour volume and only 3% of the PM peak hour volume at the intersection). Future with project AM and PM peak hour volumes are shown in Exhibit 11. Exhibit 10: Future with Project Conditions Intersection Capacity Analysis Weekday AM and PM Peak Hour Conditions Signalized/ AM Peak PM Peak LOS Intersection Direction Unsignalized/ LOS Delay LOS Delay Std. Yacht Club Way/ NB B 19.4 C 20.7 E+50 East Country Club Signalized SB B 11.6 A 9.9 E+50 g WB E 68.4 D 38.0 E Drive Overall C 33.7 C 22.3 E+ Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 12 P° Since 1978 BELMONT VILLAGE I RI �Q) 0y U i O U 11J 6)M �N 172(218) 460(383) 1 (11 Yacht Club Way It M 't lfJ M_ t O CO O Lo M M 00 AM (00) PM Project Location Exhibit 11 Future With Project AM & PM Peak Hour Traffic Volumes NORTH MAP NOT TO SCALE DAVID PLUMMER & ASSOCIATES I Project No. 21120 p.13 Conclusions The results of the intersection analysis show that the Yacht Club Way /East Country Club Drive intersection currently operates and is projected to continue to operate at an acceptable LOS for future with project conditions. As previously stated, a full traffic impact study will be submitted to the City for review once the traffic study methodology is approved by the City. We stand ready to provide any support needed for this project. If you have any questions or required additional information, please do not hesitate to contact me at(305) 447-0900. Sincerely, /EspinZ4, PE4 Vice President- Transportation w:A21\21120\preliminary traffic statement\belmont village preliminary traffic statement nov 2021.docx Re:Belmont Village Aventura Preliminary Traffic Impact Study-#21120 Page 14 Since 1978 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF ORDINANCES, TO PERMIT(1)A FLOOR AREA RATIO OF 2.85,WHERE THE CITY CODE PERMITS 2.0, AND (2) LOT COVERAGE OF 53%, WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40%, FOR AN ASSISTED LIVING FACILITY TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM LOCATED AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulation, Section 31-143(f) "Multifamily High Density Residential Districts (RMF4)" of the City Code of Ordinances, the applicant, Bercow, Radell, Fernandez Larkin & Tapanes on behalf of Parcel U / SR-1 Trust LLC, has applied to the City of Aventura (the "City") for Conditional Use Approval (Application No. CUP2110-0001) related to the development of an Assisted Living Facility (the "development") located at the southeast corner of Yacht Club Way and East Country Club Drive, in the RMF4 Zoning District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-145(f)(2A)(D), the applicant has requested Conditional Use Approval to permit a: (1) floor area ratio of 2.85, where 2.0 is permitted by code, and (2) lot coverage of 53%, where the City Code permits a maximum lot coverage of 40%; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; 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 herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. City of Aventura Resolution No. 2022- Section 2. The application for Conditional Use to permit a (1) floor area ratio of 2.85, where the City Code permits 2.0 floor area ratio; and (2) lot coverage of 53%, where the City Code permits a maximum lot coverage of 40%, is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions- 1. Drawings as provided to the Community Development Department on September 227 2021 and presented to the City Commission on September 23, 2021 as included in Exhibit #B unless otherwise subsequently amended by ASPA (Administrative Site Plan Approval). The plans will be reviewed under Administrative Site Plan Approval regulations, the RMF-4 zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Mitigation of negative traffic impacts created by the proposed development, as determined necessary by the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer, subject to the approval of the City Manager and Miami-Dade County. 3. Applicant shall also: a) Complete a study of the lighting conditions along Yacht Club Way from East Country Club Drive to the bridge, subject to the approval of the Director: i) propose improvements to the lighting, as needed on the median of Yacht Club Way, in order to mitigate any deficiencies noted by the study, subject to the approval of the Director; ii) include such improvements in the associated set of construction plans; and iii) commit to constructing the lighting improvements. b) Complete a study of the pedestrian walkway conditions along the south side of Yacht Club Way from East Country Club Drive to the bridge, subject to the approval of the Director: i) propose improvements to the pedestrian walkway conditions on the south side of Yacht Club Way in order to mitigate any deficiencies noted, subject to the approval of the Director; ii) include such improvements in the associated set of construction plans; and iii) commit to constructing the pedestrian improvements. Page 2 of 7 City of Aventura Resolution No. 2022- c) Complete an analysis of the impacts of the proposed ALF upon ingress and egress as it relates to emergencies and the existing developments to the west of the proposed ALF that rely on Yacht Club Way, subject to the approval of the Director: i) include in the analysis for the City's consideration, a presentation of alternative solutions and technologies available to facilitate emergency response in large- scale emergency events (such large-scale emergency events are identified as events with a broad neighborhood or area impact, such as a hurricane warning/evacuation, bomb threat, building fire, or other multi-agency police event; large-scale emergency events shall not include day-to-day police or emergency response operations); ii) propose a large-scale emergency protocol and maintenance of traffic plan for the ALF property that will not only minimize deterioration of existing conditions along Yacht Club Way during a large-scale emergency, but also potentially facilitate better ingress and egress during a large-scale emergency via coordination with the Police and/or Fire Departments' needs, subject to the approval of the Director; and iii) include the emergency protocol and on-site maintenance of traffic plan as an exhibit in the administrative site plan for the ALF project. d) Submit a full traffic impact study following a methodology reviewed and pre- approved by the City, to include the following: i) an analysis of the traffic signal timing at the intersection of Yacht Club Way and East Country Club Drive, subject to the approval of the Director; ii) commit to traffic signal timing improvements at Yacht Club Way and East Country Club Drive if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County; iii) an analysis of the potential for camera-activated smart traffic signal operations at the intersection of East Country Club Drive and Yacht Club Way, if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County; and iv) commit to mitigation with camera-activated smart traffic signal operations at Yacht Club Way and East Country Club Drive, if feasible, if the impacts created by the proposed ALF cause the intersection to not meet the City's adopted level of service standard, subject to the approval of Miami-Dade County. e) Complete a study of the use of Yacht Club Way by school buses, subject to the approval of the Director: i) The City will provide the approximate pick-up and drop-off times of school buses using Yacht Club Way. The bus study will include number of buses, dwell times, and queuing behind the buses on two typical weekdays. Page 3 of 7 City of Aventura Resolution No. 2022- ii) propose alternatives that could mitigate traffic congestion that results from school buses, including identification of the entities that would be involved in implementing such alternatives f) Propose limitations on delivery trucks to minimize their impact during peak traffic times: i) include limitations as restrictions associated with the development. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. 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 6. 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 Johnathan Evans Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 4th day of January, 2022. Page 4 of 7 City of Aventura Resolution No. 2022- 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 , 2022. CITY CLERK Page 5 of 7 City of Aventura Resolution No. 2022- EXHIBIT "A" LEGAL DESCRIPTION OF LAND Legal Description: Tract "GG", of the Fifth Addition, Biscayne Yacht and Country Club, according to plat thereof, as recorded in Plat Book 99, Page 20, of the Public Records of Miami- Dade County, Florida. Page 6 of 7 City of Aventura Resolution No. 2022- EXHIBIT "B" PLANS REFERENCED ATTACH PDF Page 7 of 7 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission (r��L FROM: Ronald J. Wasson City Manager BY. Keven Klo i w pp Community Development Director DATE: December 29, 2021 SUBJECT: Ordinance Increasing Business Taxes by 5% (111 increase since 2008) January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 7A February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item RECOMMENDATION At its workshop on November 4, 2021, the City Commission directed the City Manager, City Attorney, and Community Development Department to bring forth for its consideration an increase of the City's business tax rates, by the maximum 5% allowed, for Fiscal Year 2023, a notice of which will be sent in July of 2022. (Business Tax Receipts are renewed annually and due on October 1 each year). If approved, this will be the first increase in business tax rates since 2008. As evidenced by the attached comparison (Exhibits A and B), an increase at this time will not affect the ability to stay competitive with other cities. By Florida Statute, the increase requires approval of an ordinance by a majority plus one of the City Commission. BACKGROUND In 2008 the City of Aventura created a Business Tax Equity Study Advisory Board which oversaw the preparation of an Equity Tax Study. The study allowed the City to adopt a reclassification and revision ordinance. As a result of that study, the tax for the majority of the business types was increased by 10%. (A few categories were eliminated.) The new rates resulted in an estimated $62,000 increase in revenue from business taxes. The business tax rates have not been increased since. Chapter 18 of the City Code provides the requirements for Business Regulations. Local Business Taxes vary depending on the nature of the business. A receipt is required for each place of business and each separate classification at the same location. Receipts are transferable when there is a change of ownership, business location or trade name. A business located within the City is required to obtain both a city and county receipt. Pursuant to Section 205.0535(1), Florida Statutes, the City of Aventura amended its business tax classifications and rate structure by Ordinance 96-13, adopted August 20, 1996. Pursuant to Section 205.0535(4), Florida Statutes, municipalities may, every other year, increase by ordinance the rates of the local business tax by up to five percent (5%). The increase, however, may not be enacted by less than a majority plus one vote of the governing body. After the adoption of the Equity Study in 2008, no increases to the business tax rate schedule have been adopted. A five percent (5%) increase of the current rates is proposed to be enacted by Ordinance in early 2022. From July 1, 2021, to November 19, 2021, the Community Development Department has issued 1,921 new and renewed business tax receipts for FY 2022 and collected $713,251 in revenue. The proposed increase is conservatively estimated to increase the City's revenues from BTRs by $35,000. The top revenue-producing classification in the city is by far the merchants, followed by financial institutions, restaurants, medical services and professional businesses respectively. Staff receives an average of 173 new Business Tax Receipts annually. These are reviewed by the Zoning Division and Building Division to ensure they meet local requirements. Renewal notices are typically sent in July and businesses can pay by check through the mail or in-person by check, cash, or credit card. 2 Exhibit A CURRENT FEES MUNICIPALITY AVERAGE GENERAL FEE AVENTURA $135.44 MIAMI $182.70 HIALEAH $197.92 DORAL $201.50 NORTH MIAMI $235.46 MIAMI BEACH $522.85 MUNICIPALIT- AVERAGE MERCHANT BASE FEE HIALEAH $100.00 (MAX AMOUNT IS$1,000.00) AVENTURA $198 92 (MAX AMOUNT$100,000.00) MIAMI $266.33 (MAX AMOUNT$100,000.00) MIAMI BEACH $2,594.00 (MAX AMOUNT$500,000.00) AVERAGE MERCHANT BASE FEE MUNICIPALITY (PER 111 11 OVER MAX AMOUNT) AVENTURA $2.20 MIAMI $6.60 HIALEAH $10.00 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT BUSINESS TAX DIVISION Exhibit B FIVE PERCENT (5%) FEE INCREASE GENERALMUNICIPALITY AVERAGE AVENTURA $142.21 MIAMI $182.70 HIALEAH $197.92 DORAL $201.50 NORTH MIAMI $235.46 MIAMI BEACH $522.85 MUNICIPALI-ry AVERAGE MERCHANT BASE FEE HIALEAH $100.00 (MAX AMOUNT IS$1,000.00) AVENTURA $208 87 (MAX AMOUNT$100,000.00) MIAMI $266.33 MIAMI BEACH $2,594.00 (MAX AMOUNT$500,000.00) AVERAGE MERCHANT BASE FEE r - . 111 11 OVER MAX AMOUNT) AVENTURA $2.31 MIAMI $6.60 HIALEAH $10.00 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT BUSINESS TAX DIVISION CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING SECTION 18-42 "TAX SCHEDULE"; BY PROVIDING AN INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 3, 2008, the City Commission of the City of Aventura, Florida (the "City") passed and adopted Ordinance No. 2008-11, which established a new rate structure for local business tax receipts by providing an increase of up to ten (10%) percent; and WHEREAS, the City Commission has not increased such rates since 2008; and WHEREAS, the City Commission desires to increase the current rates by five (5%) percent; and WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best interests of the City. 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 hereby adopted and confirmed. Section 2. City Code Amended. That Section 18-42 "Tax Schedule", of Article II, "In General", of Chapter 18 "Business Regulations, Taxes and Permits" of the City Code of the City of Aventura is hereby amended to read as follows: Chapter 18 — Business Regulations, Taxes and Permits ARTICLE II- Local Business Taxes Section. 18-42 — Tax Schedule. For the purpose of this article, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Local business taxes for the following business, occupation and/or professions are hereby levied and imposed: Page 1 of 13 1 Proposed additions to City Code are indicated by underline; Proposed deletions from City Code are indicated by StFiketh Fey gM S� City of Aventura Ordinance No. 2022- Abstract, land title, title insurance, property closing $ 115.50 Adult care facility iin nn 115.50 Adult congregate living facility 115.50 Advertising--products and services 173.25 Alcoholic beverage business establishment 115.50 Ambulance service 115.50 Amusement center 550.00 577.50 Amusement center over 100 machines, each machine 7.700 8.09 Amusement machines, each machine as accessory use 44.00 46.20 Animal grooming 55.00 57.75 Animal clinic/hospital 8250 86.63 Animal exhibition 165.00 173.25 Animal kennel 66.00 69.30 Answering service i i 0.00 115.50 Antique shop 137.50 144.38 Apartment, each unit over 2 23.85 25.04 Auction shop/auctioneer 231.00 Auto driving school iin nn 115.50 Auto parking, storage, garage or parking lot iin nn 115.50 Auto detailing, car wash or wax n nn 115.50 Auto repair and/or service shop i i 0.00 115.50 Auto paint and body shop i i 0.00 115.50 Auto mechanical repairs 115.50 Auto service station 220.00 231.00 Auto, truck, trailer, boat renting service, each vehicle FF nn 57.75 Auto tag agency 55.00 57.75 Page 2 of 12 City of Aventura Ordinance No. 2022- Bakery-retail i i 0.00 115.50 Bar/lounge i i 0.00 115.50 Barber, each 33.00 34.65 Barbershop 66.00 69.30 Bicycles (repairs only) 66.00 69.30 Billiard parlor iin nn 115.50 Blueprinting iin nn 115.50 Boats for sale/rental i i 0.00 115.50 Boats--charter and dredge n nn 115.50 Boatbuilder iin nn 115.50 Boat taxi operation 22.00 23.10 Bondsman-professional 173.25 Bookkeeper/accounting service i i n nn 115.50 Bowling alley, each lane 46.20 Broker--stocks, bonds 165.00 173.25 Broker-insurance i i 0.00 115.50 Broker--yacht and ship salespersons 115.50 Broker-others i i 0.00 115.50 Burglar alarm/monitoring company iin nn 115.50 Butcher/butcher shop 8250 86.63 Carpenter shop 8250 86.63 Carwash i i 0.00 115.50 Catering 55.00 57.75 Carpet and rug cleaning iin nn 115.50 Carpet sales/installation i i 0.00 115.50 Check cashing store 220.00 231.00 Cigars and tobaccos 55.00 57.75 Page 3 of 12 City of Aventura Ordinance No. 2022- Claims and collection agency n nn 115.50 Clothing: (1) Alterations 49.50 51.98 (2) Tailor, dressmaking iin nn 115.50 Coin dealer 55.00 57.75 Cold storage warehouse n nn 115.50 Commercial garbage collection 393.75 Commercial trash collection 495.00 519.75 Community-based residential facilities 115.50 Consultants, each 173.25 Contractors: (1) General building 247..50 259.88 (2) Subcontractor, general 184.80 194.04 (3) Engineering subcontractor 194.04 (4) Acoustical tile 8250 86.63 (5) Air conditioning 132.00 138.60 (6) Awning 90.00 103.95 (7) Carpentry 165.00 173.25 (8) Electrical 165.00 173.25 (9) Elevator 99.00 103.95 (10) Floor laying and sanding 165.00 173.25 (11) Gas fitting, pipe fitting 165.00 173.25 (12) Jalousie 55.00 57.75 (13) Mason and plaster contractor 165.00 173.25 (14) Moving and wrecking houses 8250 86.63 Page 4 of 12 City of Aventura Ordinance No. 2022- (15) Ornamental iron, bronze and steel 8250 86.63 (16) Plumbing 165.00 173.25 (17) Painting 132.00 138.60 (18) Plastering and cement ian nn 168.00 (19) Plate glass and glazier 8250 86.63 (20) Roofing 165.00 173.25 (21) Sandblasting 165.00 173.25 (22) Sign 99.00 103.95 (23) Solar water heater 8250 86.63 (24) Septic tank 132.00 138.60 (25) Sprinkler system 8250 86.63 (26) Steel, reinforcing iin nn 115.50 (29) Swimming pools 99.00 103.95 (30) Venetian blind 66.00 69.30 (31) Tile, marble and granite 165.00 173.25 (32) Well drilling 99.00 103.95 (33) Not classified 99.00 103.95 Country club 495.00 519.75 Cosmetology salon 69.30 Cosmetologist, each 33.00 34.65 Credit bureau iin nn 115.50 Dancehall 165.00 173.25 Data processing--service agency 137.50- 144.38 Data processing--software development 165.00 173.25 Delivery services, per each vehicle ii.nn 11.55 Dental technician/hygienist 34.65 Dramatic or theatrical troupe or company 231.00 Page 5 of 12 City of Aventura Ordinance No. 2022- Disc jockey (see entertainment) i i 0.00 115.50 Dry cleaning plant 8250 86.63 Electric light and power company 165.00 173.25 Employment agency 165.00 173.25 Engraver, lithographer 115.50 Exterminator iin nn 115.50 Financial institution--banks and trust companies 385.00 404.25 Financial institution--building and loan association 404.25 Financial institution--money lenders, except banks 385.00 404.25 Financial institution--mortgage loan company 404.25 Financial institution--personal finance company 404.25 Fire extinguisher service 8250 86.63 Fish market 8250 86.63 Florist i i 0.00 115.50 Funeral home ii0 nn 115.50 Golf course 550.00 577.50 Golf driving range/miniature golf 247.50 259.88 Hall for hire 165.00 173.25 Health club 137.50 144.38 Home health care services n nn 115.50 Hospital 346.50 363.83 Hotel, lodging house or motel, first room FF nn 57.75 Hotel, lodging houses or motel, each additional room 6.05- 6.35 Hypnotist 187.00 196.35 Ice cream shop/parlor i i 0.00 115.50 Import/export iin nn 115.50 Insurance adjuster 115.50 Page 6 of 12 City of Aventura Ordinance No. 2022- Insurance agents, each 55.00 57.75 Insurance agency office iin nn 115.50 Insurance company 115.50 Interior decorator i i 0.00 115.50 Janitorial services i i 0.00 115.50 Jewelry 173.25 Jewelry broker 346.50 Labor union organization 275.00 288.75 Landscaping service/lawn maintenance 55.00 57.75 Land development company n nn 115.50 Laundry--self-service 247..50 259.88 Laundry or dry cleaner iin nn 115.50 Loan agent 165.00 173.25 Lecturer 247..50 259.88 Locksmith 88.00 92.40 Machine shop 8250 86.63 Manicurists, each 33.00 34.65 Masseur/masseuse FF nn 57.75 Mail order business 55.00 57.75 Manufacturing 165.00 173.25 Marina inn nn 105.00 Marina, each boat slip 8250 86.63 Massage salon i i 0.00 115.50 Medical clinic 220.00 231.00 Merchants--retail stock less than $1,000.00 66.00 69.30 Merchants--retail stock over $1,000.00 and less than $5,000.00 77.00 80.85 Merchants--retail stock over $5,000.00 and less than $10,000.00 165.00 173.25 Page 7 of 12 City of Aventura Ordinance No. 2022- Merchants--retail stock over $10,000.00 and less than $20,000.00 i98 nn 207.90 Merchants--retail stock over $20,000.00 and less than $50,000.00 247..50- 259.88 Merchants--retail stock over $50,000.00 and less than $100,000.00 440 nn 462.00 Merchants--retail stock over $100,000.00, each additional $1,000.00 2.20 2.31 Merchants--Wholesale: Same as retail. Messenger service 66.00 69.30 Messenger service, each vehicle 22.00 23.10 Motion picture theater 440.00 462.00 Motion picture theater--candy and popcorn concession 44.00 46.20 Moving company with storage 115.50 Moving company, each vehicle over 2 227. 238.88 Museum 247..50 259.88 Newspaper publishers bureau or agency 137.50- 144.38 Newspaper published daily 138.60 Newspapers published weekly, semimonthly or monthly 132.00 138.60 Newsstand 55.00 57.75 Nightclub 330.00 346.50 Nurse 33.00 34.65 Nursery--trees/plants 55.00 57.75 Nursing home iin nn 115.50 Parking lot--1 to 25 cars 55.00 57.75 Parking lot--over 25 cars i i 0.00 115.50 Pet shop 8250 86.63 Photographer 55.00 57.75 Photography studio iin nn 115.50 Piano tuner 55.00 57.75 Pool maintenance 11.55 Page 8 of 12 City of Aventura Ordinance No. 2022- Printing i i 0.00 115.50 Private investigative agency 137.50- 144.38 Private school 19250 202.13 Professionals, each individual 187.00 196.35 Property management i i 0.00 115.50 Publisher iin nn 115.50 Real estate broker with no agents n nn 115.50 Real estate broker, each agent i i 0.00 115.50 Real estate salesman FF nn 57.75 Repair of watches and jewelry i i 0.00 115.50 Repair and service shops i i n nn 115.50 Restaurant--0 to 30 seats FF nn 57.75 Restaurant--31 to 74 seats i i 0.00 115.50 Restaurant--74 to 149 seats 165.00 173.25 Restaurant--150 or more seats 231.00 Restaurant--drive-in 115.50 Research laboratory i i 0.00 115.50 Rinks--skating, roller 165.00 173.25 Sales office, no stock 55.00 57.75 School 19250 202.13 Security company 13? 144.38 Shoe repair 8250 86.63 Shoeshine, each chair 32.34 Showroom i i 0.00 115.50 Snack bar as accessory use 69.30 Storage warehouse/public storage iin nn 115.50 Tanning salon--1 to 5 units iin nn 115.50 Page 9 of 12 City of Aventura Ordinance No. 2022- Tanning salon as accessory use 55.00 57.75 Tanning salon, each additional unit over 5 units ii.nn 11.55 Tax preparation service i i 0.00 115.50 Taxicabs, each 55.00 57.75 Telemarketing sales n nn 115.50 Travel agency i i 0.00 115.50 Truck/trailer rental or leasing n nn 115.50 Truck/trailer rental or leasing--each vehicle over 3 348.60 Unclassified i i 0.00 115.50 Uniform service (towel, linen, diaper) 137.50 144.38 Upholsterer i i 0.00 115.50 Valet parking, per location, for hire only iin nn 115.50 Vehicle leasing company, each vehicle FF nn 57.75 Vending machines--business premises 82.50- 86.63 Vending machines--one cent, each machine iA00 1.16 Vending machines--five cents, each machine 5.50- 5.78 Vending machines--ten cents, each machine 8.2-5 8.66 Vending machines--over ten cents, each machine i i.nn 11.55 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. Page 10 of 12 City of Aventura Ordinance No. 2022- Section 5. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading and shall be applicable to Local Business Tax Receipts which are issued for the annual local business tax period which commences on October 1, 2022 and thereafter. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED on first reading on this 4t" day of January, 2022. PASSED AND ADOPTED on second reading on this 1st day of February, 2022. Page 11 of 12 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 12 of 12 CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: December 29, 2021 SUBJECT: Ordinance Amending Article I "In General" of Chapter 2 "Administration" of the City Code, by creating City Code Section 2-3 "Criminal History Records Checks for New Specified City Employees" January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 713 February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending Article I of Chapter 2 by creating City Code section 2-3 for Criminal History Records Checks for New Specified City Employees. BACKGROUND Upon a recent qualification review by Florida Department of Law Enforcement (FDLE) of the City's Originating Agency Identifier (ORI) using the Volunteer & Employee Criminal History System (VECHS) Program, it was determined that the City was no longer qualified to participate in the program and would not be able to continue screening employment candidates under the VECHS Program. The VECHS Program specifically screens volunteers and employees that provide care and/or treatment, education, training, instruction, supervision, recreation and care placement for vulnerable populations such as children, elderly and the disabled. In order to participate the City needs to close the existing account and solicit a new ORI account with FDLE outside of the VECHS Program to conduct future criminal history checks of candidates for employment. The Federal Bureau of Investigation (FBI) has enacted a list of criteria that interested organizations must meet in order to be approved and assigned an ORI under Public Law 92-544. Specifically, an ordinance by the municipality is required as part of the criteria. Therefore, the City needs to enact this ordinance to request an ORI outside of the VECHS Program. If you have any questions, please feel free to contact me. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL HISTORY RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the " City")finds that in order to comply with Section 166.0442, Florida Statutes, it is necessary to adopt this ordinance providing for criminal history records checks for new specified City employees; and WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best interests of the City. 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 hereby adopted and confirmed. Section 2. City Code Amended. That Section 2-3 "Criminal History Records Checks for New Specified City Employees", of Article 1, "In General", of Chapter 2 "Administration" of the City Code of the City of Aventura is hereby amended by creating the following new Section, to read as follows: Chapter 2 —Administration ARTICLE I An General Section. 2-3— Criminal History Records Checks for New Specified City Employees. (a) Pursuant to Section 166.0442, Florida Statutes, as such may be amended from time to time, state and national criminal history record checks shall be required for new specified employees of the City for the positions listed below. City of Aventura Ordinance No. 2022- 1. Positions of Employment: i. City Clerk: City Clerk, Executive Assistant ii. City Manager's Office: City Manager, Assistant City Manager, Communications Manager, Secretary to the City Manager, Social Media Specialist iii. Community Development: Building Official, Code Compliance/Zoning Review Officer, Community Development Director, Executive Assistant/Planning Technician, Customer Service Representative iv. Community Services: Community Services Director, Community Recreation Center Assistant Manager, Community Recreation Center Supervisor, Community Program Manager, Administrative Assistant, Park Attendant, Parks & Recreation Assistant Manager, Parks & Recreation Manager v. Finance: Accountant, Controller, Customer Service Representatives, Finance Director, Purchasing Agent vi. HR/Risk Manager vii. Information Technology: Director of Information Technology, IT Operations Manager, IT Support Project Specialist, Network Administrator viii. Public Works/Transportation: Assistant Public Works/Transportation Director, Capital Projects Manager, Executive Assistant, Facilities Manager, Public Works/Stormwater Coordinator, Public Works/Transportation Director, Trades Worker ix. Additional Positions: Each additional position or classification added to this subsection from time-to-time by Resolution(s) of the City Commission. (b) Each person applying for an employee position listed above shall be fingerprinted. (c) Fingerprints obtained pursuant to the authority of this section shall be submitted to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to this section may be used to determine a person's eligibility for such City employment. 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. Page 2 of 4 City of Aventura Ordinance No. 2022- 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. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading on this 4t" day of January, 2022. PASSED AND ADOPTED on second reading on this 1st day of February, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 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: December 29, 2021 SUBJECT: Approval to Amend Chapter 30, "Environment" Article IV, "Floods"; Adopting a Revised Article IV Floods January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 7C February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending Chapter 30 of the City Code, Environment Article IV - Floods, with a revised version of Chapter 30 adding sections which will provide for the adoption of new flood hazard maps, Designation of a Floodplain Administrator, adopting procedures and criteria for development in a flood hazard area and adopting Technical Amendments to the Florida Building Code. BACKGROUND The State Legislature of Florida gives local governments the authority to adopt regulations designed to promote public health, safety and general welfare of its citizenry. The Federal Emergency Management Agency has identified special flood hazard areas within the City of Aventura which may be subject to periodic inundation resulting to loss of property, and health and safety hazards. The City of Aventura was accepted into the National Flood Insurance Program on October 22, 1997 which benefits all property owners, both residential and commercial, within City limits. It is also in the public's best interest to adopt the proposed floodplain management regulations that will be coordinated with the Florida Building Code. The proposed amendments are no more stringent than necessary to address the needs identified and are compliant with section 553.73(4), Florida Statutes. In addition, the amendments are necessary to meet the NFIP requirements of Title 44, Code of Federal Regulation, Section 69 and 60. Attachments: Exhibit "A" Existing Ordinance Exhibit "B" Revised Ordinance JSK/gfJSK21022 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING AND REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Aventura (the "City") and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Aventura was accepted for participation in the National Flood Insurance Program ("NFIP") on October 22, 1997; and WHEREAS, the City Commission desires to update its flood regulations under Article IV, "Floods," of Chapter 30 of the City Code to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary to continue participation in the NFIP; and WHEREAS, the City Commission previously adopted prior to July 1, 2010 requirements to (a) require accumulation of costs of improvements and repairs of buildings, based on issued building permits over a one (1) year or five (5) year period depending on flood zone; and (b) limit partitioning of and access to enclosed areas below elevated buildings and, pursuant to Chapter 8 Article III of the Miami-Dade County Code and section 553.73(5), F. S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Commission is adopting a change to require accumulation of costs of improvements and repairs of buildings in all flood zones based on building permits issued over a five (5) year period for the purpose of participating in the National City of Aventura Ordinance No. 2022- Flood Insurance Program's Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations with the Florida Building Code and that the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; 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 hereby adopted and confirmed. Section 2. Repeal and Replacement. That Article IV, "Floods," of Chapter 30 of the Code of Ordinances of the City of Aventura, Florida, is hereby repealed in its entirety as set forth in Exhibit "A," attached hereto and incorporated herein, and replaced as set forth in Exhibit "B," attached hereto and incorporated herein. 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. 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by strikethrough. Page 2 of 44 City of Aventura Ordinance No. 2022- Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 3 of 44 City of Aventura Ordinance No. 2022- PASSED on first reading on this 4th day of January, 2022. PASSED AND ADOPTED on second reading on this 1st day of February, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 44 City of Aventura Ordinance No. 2022- EXHIBIT A Exhibit A Page 5 of 44 City of Aventura Ordinance No. 2022- Chapter 30 — Environment ARTICLE IV. — FLOODS DIVISION 1 GENERALLY. V �SeGtiensrrs30 121 30_160 _ Res eNed. DIVISION 2 FLOOD DAMAGE PREVENT! �Sectien 30_161 Statutory authnrit d legislative findings, (a)The Legislature of the State has iny�F.S „ h. 16�nv�an��n(��163 granted the ouhUrriiity an responsibility to IGGal governmental-uni s,in � 1dinn Wit\/, to 7 1 t�general Vet av regulations designed to prernete the publiG health, safety and well as to adept development regulations Gentrnlling the use of land! (b) The flood hazard areas of the City are subjeGt tG periediG inundation whiGh results in less of life and property/0 health andsafety/ hazards disruption of d•nmmerd•e and! 0 governmental extraordinary publiG expenditures for fleed preteGtien and 0 relief, and all of whiGh base,airment of the tax adversely aff8Gt the publiG0 safety and general welfare. Eaus♦ -I�Creases in floodheightsand veleta ties, and by the GG UpanGy in flood haza�eas by uses vulnerable floods or hazardous to other lands whlTGarre elevated, 0 SeEtien 30 167 intent and purpose. it is the purpose of this divisionto pr�rvmvicethe pu bliG health, safety and ggeeneraT welfare and to minimize publiG and private losses due to flood Genditions in speGwfwG areas by provisions designed to: health, safety and property due to water or erosion hazards or which result in dlamaging inu easeseases in erosion nr 0 in flood heights or yelnd•ities- 0 floods,(2) Require that uses vulnerable to 0 be proteGted against flood darnage at the time of initial GenstruGtien or substa imprn�/ement- (3)Co Control the alteration of natural fleedln ? streannGannels, and natural 1-�--vr� —ry � arta� r preteGtive harriers which are involved in the ad•d•nmmedlation of flood! waters- 0 filling,(4) Control dredging and other development whiGh rn-" grading, erosion or flood 0 0 (5) Prevent or regulate the GenstruGtien of flood barriers whiGh will unnaturally div flood waters or which may/ indrease flood hazards to other lands This dwvwsw be a ministered and enf9FGed in GenjunGtion with prn�/icings of Florida Building Code as amended from time to time. � G"rJ'Z7TTT IiZITVITr Cedtinn `20L163 Objed•tiyes Th�bjeG of division are- (!) To preteGt human life and health- 0 (2) To minimise expendliture of pu bliG money for d•nsth/ flood! Gentrel prnieGttS 0 Exhibit A Page 6 of 44 .r r I r r I I r r I � 1 I .r ---------------- BE W is E712M ...... mll� I I ON BE WWII 0- 1111. Eli Jim EV W. WIN BE .r BE 11111AW2 IN.r .r .r I. END F-1 W.O.N. Ill. I BE r r r wom of lift allow- MI A. A. r A. l,ommm-_-- I IMIC .r A AAA • r r 11 11 AAA- 11 .r r r A .r A AA r r ■ r POWWOW A ............... A MO AAMr A A I r r 1 AA mAITIATAmAlwATAI 1/ . .A A A jjj� WIT AWN -M- 1 A A=. A A A AAV • 1 Own.M- r r MO . :ffml • • Of kolf".Of r 01 IN I WIN MINOR-- • I 0.1 111111imlillill OR � r r r r r --------------- ■ r r � r r r r 'ill Im AM MALM 1111 1 1 ills ter, 11 I 11 11 ■ • AA A AA A .r r •� AA A Aft A N A�A. A I if. AA 11A AA A As e AAA le AAA A. -m-A, -A Al i I An 1", I Am I . r A. r r I A.W. City of Aventura Ordinance No. 2022- may delegate perfermanGe of Gertain duties to other employees f9r Gc)nStrUGtwng or substantially i . . - StrUGtUre shall be made to the city Manager on forms furnished by the City Manager's GffwGe prier to any devele' aGtwvwtwes0 and 0 but not be limited 0 nature, the following plans in duPliGate- and elevations of the area 0 dimensions, in twoT, axsting or proposed StractUre? earthen fill, of materials or equipment, drainage faGilities, and the IGGation of the foregoing. SpeGwfw ally, the following information is required: (1) /1 nnlina+inn skVe a-.- Elevation in reltf8 ntG nl(_\m of erl proposd! I..�r-lower leer, eer the lowest �Gf .- �rfaGe of any heating er air Genditiening d!UGt werk installed belew the le\A/est floor0 or the lowest horizontal supporting member in a Geastal high hazard! area (V Zone), of all proposedbuildings or substantial improvements- 0 h Elevatwen in rela�n to nl(`_VD to whiGh any proposer! building or s��bstantial A. �Gf 7lTT-f TT �Y�Y� �VTTT TTi.TCGf7TRG1T im �criT of Inter! in a Geastal ham„ hazard! area !\/ zone), will be f�����r�,,�,,� l�Q CG�f7T-GT GriJ -ffGfGUTC�GIT"`^ �� TT floodp eefedi n Signed! sealer! Gee^ Gate separate from submitted plans from a ���\�7 Signed,cc��ccrrcc�c �`"'tr'''ura rrv�T� T�nTr `"'``"" plans,����`"'�rrvrrr-cr registered professional engineer or arGhwteGt that the floodpreefed building WWII meet the fleedlpreefing Griteria in this diyisien- rJ Signed! sealer! Gee^ Gate separate from submitted plans from a ate---.Signed,�.cc��ccrrcc�c �`"'tr'''ura rrv�T� T�nTr `"'``"" tr�'' ``^^�'��`"'�rrvrrr-cr registered professional engineer or arGhiteGt that a new or substantially r rvnu� ccr-v�crr Tccc�ciTur�rrr..�-aTrr impreyed! building IeGated in the Geastal high hazard! area (V Zone) �niill meet the GenstrUGtien standards Gentained in section 30 1 6 7- G\- 0 e. DeSGrptwoin of the whiGh any aterGOUrse swamp marsh lake-,-Gr pond will he altered! releated! Or Greate as result of proposer! Genstr��Gtien 0 d• 0 r! 0 waterGOUrses will he maintained; and! 0 f Desarwp�n of tripe tent and depth f proposed! fill and the ele /otn in "I�l.i� 't7 Tr-vr � C�Q GZITTTZ.lTfC7- �Gf TTITf relation to nlGVD of the top surfaGe of the fill. and 0 gg. DaSarwptwoin ofr the type, extent, and of proposed eXGavatwonn in relatto NGVD; h.Plot nlan_tG SGa a illustrating nQCations of all proposed GenStWGtwen, Pr eXGayatingo andother aspeGts of the development. i Copy of the proposed stermwater management report and fleedlplain studlyi if o any, Gnmplete with teGhnid•al supporting dlata o i Grading and drainage plans k. Upon request, stermwater management plans. I in A zones,�r the ohsanGe of FEMA hose flo d elevation data data, available data may be ensiderp e as tt-1 e bases for—el v0tin9 reswdentwal StrUGtU es to or abode hose flood leveldl r fleepreefing er 0 elevating nonresidential struGtures to or abode hose flood level m. WTthwnAEzoneTwithout a designatedw development pmentt shallno.tt be perrmittedunlessit is the GU Udative eef eGt of all post and preieGted development will not inGrease the hose flood elevation h�i more than one feet Exhibit A Page 13 of 44 1 I r r r r r 1 1 I r r r r 1 I ♦ r r MINN.! NAM 1I r r ♦ �r r r R r r Ill r r g 1 ■ 1 \ ■ Al A AlldrAl.m r APO • I 111111M NA i AM ANA, III • wa 1 r 11 r 111 11 r 11 11 1 I ♦ MA -A M 1-M. 11 ♦ 11 • ♦ r 1I A .r A Jill MOM rAx�r.v- AAA AAA AAA Al 11 1I \ I \ r L . • I . P INNER ftMm I I-Me 1'..4 RIP 11w. � I I . I I 1 I .r � r City of Aventura Ordinance No. 2022- h�y�Jtatin and hyrlred ynamin leads and the eff8Gt f b o yann�Tppister- prefessienal engineer er arGhita�hall nortify that the this register- professional uric"� �! standards � subseGtwen are satisfied. SUGh GertifiGation shall be provided to the OffiGial as set forth in sentien 30 166(G)(4). (3) Elevated buildings. NeW GenStFUGtwen or substantial improvements of elevated buildings that inGlude fully endesed areas formed by foundation and other exte '_ walls below the base flood elevation shall be designed to predude finished lwvk:ig sspaaGe�mhall he designed to allow for_the entry and exit of fleedwatcrs to autematinally equalize hyrlrestatin flood ferr•es on exterior walls a. Desgnsf�9F GOr plyi ny--vvrth this requirement must he nertified by-a professional engineer er arnhitent er meet the following minimUm nriteria- 'I Dreywde a minims rn of ope nings two � n walls or doers) having a total net a areai. -not not than one square w Gh for every square feet of crrF eyed area su bjent to flooding; 2. The bettern of all openings shall he no higher than one feet above grarle- an-d- 3. Openings may be equipped tlVwtcrhrSGraars, lvuavars,vali-vca or vtttar GOverings or deYl they permit the a ItOrnatIV lGW 07 floodwaters in loth rlirentinns p.ce.. ss to tk—en-lesed--area-shall be theminimum neGessarryto allow fe parking of vehwG!es (garage door) or limited storage of maintenanGe equipment used in nennentien with the premises (standard exterior door) or entry to the living area (stairway or elevator). G. The interior portion of s� Gh wades area not be or finisher! ���rrrc rrv-r�a urrrrvc� crcronca�rm cG into separate rooms d.Usee OfSaah endsed areas shall be limited to parking storage, and build ng aGG8SS.. /A\ AAanufadured homes and renreatienal vehinles division,a. All rnanufaGtUred hernes plaGed within the City must meet all the ts for new reswdentwal GonStFUGtwon Gentained in this inGluding installation on permanent foundation systems elevation and annhering At mini a permanent foundation systern shallerstitute rafnfvvrceed-piers PiaGod own poured footings, or foundation vt� r me lents of equivalent treng} TnTm- y arlrlitiens to manufantUred homes su bjent to prn�yisinns of this su bsentien shall auks be Gensidered-neW Ge-nstruEfien and must therefore cvmpI� it hthe re ' �ireme its of this division innlu ding elevation requirements p�iiTac-reationnal vehw aGed-on--site�t-afther- 1. Bef�Taesed and ready for highway use, er 2 The reareaational �y�� must mull thereq requirements for new z:rr��rc rra�� �ra�n�a. ccfa�r —rv-r-rrGvr enStruEtfenn, wnG!Udi�a�arng anGhering and elevation requirements nf thi? d wywsien rr arv-r�rv - A reGFeatwonalvahwG!e is readyfor highway use if its n�? heeells or jaGking systen,, isattaGhed-to the site enly by quwGk dwS enrrneGtTypc utilities and senUrity devises and has no permanently attanhed strUntUres re . ireme it of sentien 30 167/h\ provided the following nriteria are met- e ' Exhibit A Page 17 of 44 City of Aventura Ordinance No. 2022- ca The StFUGtUre IS-not-used for human habitation, in^ ding GGGU annoy as_a� eye cplaGe for-extended-peririnaoftime; h The str��GtU Ti is designer! and Genstr��Gted—So as to have a low potential fnr p���.rcra Inca--ar-rcr rrscra -crr- potential dam�eduring a floor! (e.g., using flood resistant mate-asp. provided in FCMA FeGhnwGalr Bulletin #88_2 and any subsequent-rep�ic�.rthercto)-l- flow of floodwaters (e n parallel to o ct� om pern Gulor to t��noon\- c floodwaters �ti- ,�arcrrrcr err may r�r'rPcrP rar c�urr� ad The StFUGtUre is firmly on�vred to prevent flotation, per seGtwon 30_167/o\/4\, e.All eEeGtFwGa sew+Ge, hcat+ngIGG le,;rngequipmern*,adother rneGhanwG-al er eteGtFwGal equipment iselevated above the btea elevation, or is flnn onfred Onp_p _fault wnterr�owFoU+t may he installed below the base fleed w" , and all Gc)nStFUGtwc)n below that elevatwen shall be of flood resistant materials (6) Temporary StFUGtures. Certain types Of StFUGtUres ., fruit stands, site +nes\ may he sited temporarily on property without having to nnmply With the general standards of seGtwo 67(o) er thelevation standard cctf8n 30 167(b), provided the following nriteria are met- ca The StFUGtU^e is mobile OF eon he merle so, and Gapohl ofb i ad from rthe swte wwt h a minims rn of 36 hours warning b.The StFUGtUree does not have on approval to remain onr the property fnr more than 180 days-.- G. The a appprliGant submits a plan for the remoya�al of the StcFUGtUre Gentaining the following dOG rnentotion 1. The name address phone number and ererge `yGentaCt point of the i ndiyidual responsible for theremoyal of the Str� Gt.U^e `..rnrvr- vurvr true z2 Tr�ie �at which t�tFUGtU^e will be r oyed (i.e., o minims rn of 72 hours in adyanne of the prejented landfall of a hUrrinane\ `2 4 GE)PY of as Gentrant or other suitable le instrument with o try GkwnggCGm y v�� rrcraG ry T� crarrrcrrc-vrrcrrcrcru to ensure the availability of removal of t��tr� Gt�ire when needed together r� cruccrn�wrrcrr-rrccacc�cv��crra�r wwththe name, address, y and emergenG phone number of the responsible try liking nGFnpan(��/y�y agent. ' /�(���yy� „ �/� (�/� }�/� 4Designation,� aGGEI panwedbydOGG�7T,fe,ntta�tion (e.g., signed ., Gensent of thee pp,,..,,ropp'',, owner), of a site outside the City to "vyrhriG the StciUGtU^e will be moved. 5.Signature�f appliGant�pp owner on whiGh the s tuotu^e will be pplraaGed and owner of the StFUGtUre, agreeing to abidey the terms of the removal plan A temperary development permit shall be issued when a temperary StruGture is approved, and-tilt:expiration date shall l-be Gl orly marked the face of the permit. original GOPY of the removal plan shall be to the pemmit- and the dOGUrnirent*attt� }�.,shall b kept en file in Manager's City �g �T o-frthe permit together with the removal plan, mall he provided by the owner to the IGGal emergenG y management nnnrdinatnr (d) Standards for subdivision proposals. (1) All subdivision proposals shall he consistent with the need minimize ra�rarr�� rr�rrccrrr-wTcrr- �r�mrrrrr dam Exhibit A Page 18 of 44 City of Aventura Ordinance No. 2022- (2) All subdivision proposals shall have pub!wG utilities and faGilities SUGh as sewer, gas e!eEtr+c-al and water systems InGated and Genstr� Gted—to minimize floor! ycr..�� i--arra--vrac"� "y"cGT7T �Q CG�TfC� ITiJCTQ TTmTffTG1�Q dam (` ) All subdivision proposals shall have adequate drainage provided to reduce expose ire to flood hazards, and; 0 (4) Rase flood elevation and flood hazard area manning shall he provided in AGE Ge wwth thws diyisinny� fo„r subdiyicinn nrn' ;als o�other n cca developmenttltl- ii � th t greater a scar of 50 Into nr fide oGF8S_ t "t "" ((5) The hose flood boundary, fleedway andler V zone boundary if appllieehle and the APpieehle hose flood elevation for the building site eaGh lot he nlear y marker! on all reeAredchdiyision plots he they for residential nnmmernial nr rrrarrcca�vrra-n-r �� residential, rcru�vr in�trial Qentinn 30 168 Variannes (al The City Commission shall hear and de w e re for yarionGes from the �z r�rr�n-a-n--rT��r �vr�arra-rr �rvrr� reg��irements of this divisinn (b)Any person agggfi y t ie deGisicr.ion of the City Commission may appeal aacn daenis�� to the rm-l-l+t-rCA-urt,-as provided n the Florida Rules of Appellate P OGedure. (G) VarwanGes may be issued for the repair or rehabilitation of hwStGFwG StFUGtUres upon -a deterc�atwen that the proposed will not pre ode the minimurn to preservethe histe{TGehuraEter and design of the StciUGtUF8. . ' requests, the City Commission shall Gensider a!! teGhnwGal e ations, all relevant all standards sppenified in other sent�ns of this —air-r ac �—arr�� ccrrrca�rry cc rr...��r � divisinn and- , (1) The danger that materials may he swept onto other lands to the injury y of others- t.. rr other rrar�crr others; � r\ The danger t8 life and property due to flooding or eresion damage; the effent of sUnh damage on the individual owner- 0 (4) The impnr anGe of the provided bythe proposed aCility t8 the GOMmunity0 0 dependent fanility; 0 (6) The availability of alternative 0 damage, forthe proposed use; 0 0 GOFnpatwbwlwty of the pr-posed use with existing and antiGipated development (R\l�The relatio rship ofr the proposed use t8 the OMpreh a plan and flnnrlploin management program for that area- 0 (9) The safety of anness to the property in times of flood for ordinary and emergenGy yehinles- ('1 0) The expected heights, veIGG ty duration, a of rise and sediment transport of the floodwaters and the eff8GtS of wave aGtion, if appliGable, xpe-ted at the site; and (1 1) The eASts of providing governmental s Nieas during and after fleed as sewer, gas, elentrinal0 and water systems, and streets and bridges Exhibit A Page 19 of 44 City of Aventura Ordinance No. 2022- (e) Upen Gensideration of the faGtC)FS listed above, and the purposes of this division, the City Commission may attaGh SUGh Gonditio;s to the grantingof yarianGesast deems nenessary to further the purposes of this division (f) Conditions for yariannes- (1\ \�1�-va-riarnrGeGshall only he issued upon a determination t yar�TGe is the minimum neGessaryy, GGnsideri� flood to afford relief- and in the ar� i-r..rr�`"'��������y� card -anvrcr-r c�ana�rw nstanGe of a hwStOrwGal building, a determination that the varwanGe is the minimum nenessary so as not to destroy the histnrin nharanter and design of the b gilding (2) Variannes shall only he issued upon- pa. A showing of good and SUf iGient Gc�-� �1 } �� p�/ ��/'�b�Qe_terGTm�lnatwen t f�']1�TI11eto n��the yarwanGe would result in eXGe ptwo hardship- an d! 0 G. A determination that the granting of a varwanGe will not result in inGreased fie heights, additionalthreats to pub safety, extraordinary nllhlin expense, Graaate nuisanGe, Ga lse fraud en Or ViGtim'r'catiornrnafrthe nl b"G orrGo rf!wGt with existing IGGal laws nr ordinannes (3) Any appliGanrt to whom a yarianGe is granted shall be given written rnrotiGc speGwfywng the differenGe between the base fleed elevation and elevation to whiGh the building is to be built and stating that the GE)St of fleed insuranGe will GOrnmensurate with the+nGreased risk resulting f� m the redUGed lam,�st fl elevation (4) T�Cit�y�Manager hurll maintain theZrecnrds of all variances and r eport any yariannes to the Federal EmergenG y Management 4genG y upon request. Condon 3(1_169 Administrative anneals requirement,(a) The City Commission shall hear and deGwde appeals when it is alleged there is deGision or determination made by the City Manager in administration of this dwywsinn (b) Any person aggrieved by the denisicrriornr of the City (y Gernmisissinn mo�y onoealSgGh de^isvTsion to thV p771rGUi�nourt� n�Qe�n the Florid Rllles nf�4ppnpellute D OGedure. (G) The City Manager shall maintain the reGOrds of all appeal aGtwc)ns under this seGtwc)n. Qentinn 30 170 Repeal of nnnflinting preywsinns All provisions of the Code ofT Metropolitan (lade County mad appliGable�to thee City by artide 0 seGtwon 8.03 of the City Charter whiGh are in Gonf!wGt with this division are hereby repealer! Exhibit A Page 20 of 44 City of Aventura Ordinance No. 2022- EXHIBIT B Exhibit B Page 21 of 44 City of Aventura Ordinance No. 2022- Chapter 30 — Environment ARTICLE IV. — FLOODS DIVISION 1 — FLOODPLAIN MANAGEMENT ADMINISTRATION. Section 30-121. - General. (a) Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Aventura. (b) Scope. The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land: filling, grading, and other site improvements and utility installations: construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code: installation or replacement of tanks- installation of swimming pools: and any other development. (c) Intent. The purposes of this article and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding: (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage: (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential: (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain: (5) Minimize damage to public and private facilities and utilities: (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas: (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events: and (8) Meet the requirements of the National Flood Insurance Program for City participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. Exhibit B Page 22 of 44 City of Aventura Ordinance No. 2022- (d) Coordination with the Florida Building Code. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited. ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (e)Warning. The degree of flood protection required by this article and the Florida Building Code, as amended by the City, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring the City to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article. (f) Disclaimer of Liability. This article shall not create liability on the part of the City, the City Commission, or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. Section 30-122. -Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings shown in this section. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Accessory structure means a non-habitable, garage or storage building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building, but pertaining to the use of the main building. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the I-percent-annual chance flood." Base flood elevation (BFE) means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD). North American Vertical Datum Exhibit B Page 23 of 44 City of Aventura Ordinance No. 2022- (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Coastal A Zone means an area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 '/2 feet (457 mm). The inland limit of the Coastal A Zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the City. Coastal construction control line means the line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the City, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or W Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30. VE. or V. Design flood means the. The flood associated with the greater of the following two areas- (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year: or (2) Area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the "design flood." including wave height. relative to the datum specified on the City's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Exhibit B Page 24 of 44 City of Aventura Ordinance No. 2022- Existinq building and existing structure means any buildings and structures for which the "start of construction" commenced before September 29, 1972. Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from- (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials mean any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Flood hazard area means the greater of the following two areas- (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the City on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this article (may be referred to as the Floodplain Manager). Floodplain development permit or approval means an official document or certificate issued by the City, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Exhibit B Page 25 of 44 City of Aventura Ordinance No. 2022- Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, the term does not include long-term storage or related manufacturing facilities. Highest adiacent grade means the. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include- (1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the City's floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study, upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non- elevation requirements of the Florida Building Code or ASCE 24. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other Exhibit B Page 26 of 44 City of Aventura Ordinance No. 2022- improvements on the parcel. Market value may be established by a qualified independent appraiser. Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures. Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A. AO, Al-A30, AE, A99, AH, V1-V30. VE or V. Start of construction means the date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building,whether or not that alteration affects the external dimensions of the building. Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a five year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted after February 15, 2021. If the structure has incurred "substantial damage." any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. Exhibit B Page 27 of 44 City of Aventura Ordinance No. 2022- (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. (3) Repairs for damage from any origin which are determined to be less than substantial damage. Variance means a grant of relief from the requirements of this article, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this article or the Florida Building Code. Section 30-123. - Applicability. (a) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (b) Areas to which this article applies. This article shall apply to all areas of the City of Aventura. (c) Basis for establishing flood hazard areas. The Flood Insurance Study for Miami- Dade County. Florida and Incorporated Areas dated September 11, 2009, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Aventura Government Center, 19200 West Country Club Drive. (d) Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law. (e) Abrogation and greater restrictions. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article. (f) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements: (2) Liberally construed in favor of the governing body: and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Section 30-124. - Duties and Powers of the Floodplain Administrator. Exhibit B Page 28 of 44 City of Aventura Ordinance No. 2022- (a) Designation. The City Manager's designee shall serve as the City's Floodplain Administrator. The City's Floodplain Administrator shall be a certified floodplain manager and shall maintain floodplain management certification at all times while serving as the City's Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees provided such employees obtain and maintain certified floodplain manger certification from the Association of State Floodplain Managers. Inc. (b) General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this article. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance pursuant to Section 30-128 of this article. (c) Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the City, shall- (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas: (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this article: (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries: a person contesting the determination shall have the opportunity to appeal the interpretation: (4) Provide available flood elevation and flood hazard information: (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant: (6) Review applications to determine whether proposed development will be reasonably safe from flooding: (7) Issue development permits for development other than buildings and structures that are subject to the Florida Buildinq Code, including buildings, structures and facilities exempt from the Florida Buildinq Code, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance: and (8) Coordinate with and provide comments to the Buildinq Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article. (d) Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other Exhibit B Page 29 of 44 City of Aventura Ordinance No. 2022- improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall- (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work: in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made: (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure: (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage, the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of"substantial improvement", and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this article is required. (e) Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 30-128 of this article. (f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. (q) Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 30-127 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. (h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 30-124(d) of this article. (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to Exhibit B Page 30 of 44 City of Aventura Ordinance No. 2022- change base flood elevations, or flood hazard area boundaries: such submissions shall be made within 6 months of such data becoming available. (3) Review required design certifications and documentation of elevations specified by this article and the Florida Buildinq Code to determine that such certifications and documentations are complete. (4) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. (5) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction, areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." (h) Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and Permanently keep and make available for public inspection all records that are necessary for the administration of this article and the flood resistant construction requirements of the Florida Buildinq Code, including Flood Insurance Rate Maps: Letters of Map Change, records of issuance of permits and denial of permits, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage: required design certifications and documentation of elevations specified by the Florida Buildinq Code and this article, notifications to adjacent communities, FEMA, and the state related to alterations of watercourses, assurances that the flood carrying capacity of altered watercourses will be maintained, documentation related to appeals and variances, including justification for issuance or denial, and records of enforcement actions taken pursuant to this article and the flood resistant construction requirements of the Florida Buildinq Code. These records shall be available for public inspection at the City of Aventura Government Center, 19200 West Country Club Drive. Section 30-125. - Permits. (a) Permits required. Any applicant who intends to undertake any development activity within the scope of this article, including buildings, structures and facilities exempt from the Florida Buildinq Code, which is wholly within or partially within any flood hazard area shall make application to the City and shall obtain the required permit(s) and approval(s).No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. (b) Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article for any development activities not subject to the requirements of the Florida Buildinq Code, including buildings, structures and facilities exempt from the Florida Buildinq Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit is required in addition to a building Exhibit B Page 31 of 44 City of Aventura Ordinance No. 2022- permit. (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this article- (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S.. which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k). F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps (d) Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the City. The information provided shall- (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Section 30-126 of this article. (5) State the valuation of the proposed work. Exhibit B Page 32 of 44 City of Aventura Ordinance No. 2022- (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. (e) Validity of permit or approval. The issuance of a floodplain development permit pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance of the City. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. (f) Expiration. A floodplain development permit shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. (q) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this article or any other ordinance, regulation or requirement of the City. (h) Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The South Florida Water Management District: section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems: section 381.0065, F.S. and Chapter 64E-6. F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line: section 161.041, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit: section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers: Section 404 of the Clean Water Act. (6) Federal permits and approvals. Section 30-126. - Site Plans and Construction Documents. (a) Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas and flood zone(s), base flood elevation(s), and Exhibit B Page 33 of 44 City of Aventura Ordinance No. 2022- ground elevations if necessary for review of the proposed development. (2) Location of the proposed activity and proposed structures, and locations of existing buildings and structures: (3) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (4) Where the placement of fill is proposed, the amount, type, and source of fill material: compaction specifications: a description of the intended purpose of the fill areas: and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (5) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (6) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this article. (b) Additional analyses and certifications. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), the applicant shall have an engineering analysis that demonstrates the proposed alteration will not increase the potential for flood damage. The analysis shall be signed and sealed by a Florida licensed engineer and submitted with the site plan and construction documents. (c) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be Prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Section 30-127. - Inspections. (a) General. Development for which a floodplain development permit is required shall be subject to inspection. (b) Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits. Exhibit B Page 34 of 44 City of Aventura Ordinance No. 2022- (c) Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this article and the conditions of issued floodplain development permits. (d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor. (e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade: such certifications and documentations shall be prepared as specified in Section 30- 127(d) of this article. Section 30-128. - Variance and Appeals. (a) General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to section 3109 of the Florida Building Code, Building. (b) Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this article. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. (c) Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 30-128(f) of this article, the conditions of issuance set forth in Section 30-128(g) of this article, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article. (d) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as Exhibit B Page 35 of 44 City of Aventura Ordinance No. 2022- a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Buildinq Code. (e) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the variance is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (f) Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage: (2) The danger to life and property due to flooding or erosion damage- (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners: (4) The importance of the services provided by the proposed development to the City: (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion: (6) The compatibility of the proposed development with existing and anticipated development: (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area: (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles: (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site: and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (q) Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards: (2) Determination by the City Commission that: Exhibit B Page 36 of 44 City of Aventura Ordinance No. 2022- (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable, provided however that increased costs to satisfy the requirements of this article or inconvenience do not constitute hardship: (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances: and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief: (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land: and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. Section 30-129. - Violations. (a) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (b) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (c) Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Exhibit B Page 37 of 44 City of Aventura Ordinance No. 2022- (c) Penalties for violation. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed under Section 2-343 of the City Code. Each day such violation continues shall be considered a separate offense. Nothing contained herein shall prevent the floodplain administrator from taking such other lawful actions as are necessary to prevent or remedy any violation. DIVISION 2. - FLOOD RESISTANT DEVELOPMENT Section 30-141. - Buildings and Structures. (a) Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 30-125(c) of this article, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Buildinq Code that are not walled and roofed buildings shall comply with the requirements of Section 30-147 of this article. (b) Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: M Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Buildinq Code, Buildinq Section 3109 and Section 1612 or Florida Buildinq Code, Residential Section R322. Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. (c) Specific methods of construction and requirements. Pursuant to Chapter 8 Article III of the Miami-Dade County Code, the following specific methods of construction and requirements apply: (1) Elevation of buildings. For all buildings and structures, the minimum elevation requirements are the elevations specified in the Florida Buildinq Code or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. (2) Cumulative Substantial Improvement. In the Florida Buildinq Code, Buildinq and Florida Buildinq Code, Existing Buildinq, definitions for the term "Substantial Improvement" shall be as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any combination of repair, reconstruction, rehabilitation, alteration, addition or Exhibit B Page 38 of 44 City of Aventura Ordinance No. 2022- improvement of a building or structure taking place during a five year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted after January 15, 2021. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions: (b) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure: (c) Repairs for damage from any origin which are determined to be less than substantial damage. (3) Limitations on Enclosures Under Elevated Buildings and Dwellings. Enclosed areas shall: (a) have the minimum necessary access to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the elevated building (stairway or elevator): and (b) not have the interior portion partitioned or finished into separate rooms except for stairwells, ramps and elevators, unless partitions are required by the fire code: and c) in coastal high hazard areas, be enclosed by insect screening or open lattice. . The limitation on partitions does not apply to load bearing walls interior to perimeter wall foundations (crawlspaces). (4) Detached accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code. Residential. (b)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (c) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. (d) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot, with Exhibit B Page 39 of 44 City of Aventura Ordinance No. 2022- the exception of no more than one switch and one outlet below the base flood elevation if connected to a ground fault interrupt circuit breaker. (5) All buildings and structures shall adhere to the stricter of either the state or federal elevation requirement. (d) Temporary structures. Certain types of structures (e.g., fruit stands, construction-site offices) may be sited temporarily on property for not more than 180 days without having to comply with the anchoring, elevation and other requirements for buildings provided the following criteria are met- (1) The structure is mobile, or can be made so, and is capable of being removed from the site with a minimum of 36 hours warning. (2) The applicant submits a plan for the removal of the structure, containing the following documentation: a. The name, address, phone number and emergency contact point of the individual responsible for the removal of the structure. b. The time at which the structure will be removed (i.e., a minimum of 72 hours in advance of the projected landfall of a hurricane). c. A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal of the structure when needed, together with the name, address, and emergency phone number of the responsible trucking company agent. d. Designation, accompanied by documentation (e.g., signed consent of the Property owner), of a site outside the City to which the structure will be moved. e. Signatures of the applicant, property owner on which the structure will be placed, and owner of the structure, agreeing to abide by the terms of the removal plan. (3) Upon review and approval by the Floodplain Administrator, the permittee shall provide a copy of the permit and removal plan to the local emergency management coordinator. Section 30-142. - Subdivisions. (a) Minimum requirements. Subdivision proposals shall be reviewed to determine that- (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding: (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage: and (3) Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Exhibit B Page 40 of 44 City of Aventura Ordinance No. 2022- (b) Subdivision plats. Where any portion of proposed subdivisions lies within a flood hazard area, the following shall be required- (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats: and (2) Compliance with the site improvement and utilities requirements of Section 30- 143 of this article. Section 30-143. - Site Improvements. Utilities, and Limitations. (a) Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding: (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage: and (3) Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6. F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. (c) Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500. F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. (d) Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. (e) Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 30- 126(b) of this article demonstrates that the proposed alteration will not increase the Exhibit B Page 41 of 44 City of Aventura Ordinance No. 2022- potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 30-147(e) of this article. Section 30-144. - Manufactured Homes. Manufactured homes shall(defined in 15C-1.0101. Florida Administrative Code) not be permitted in the City. Section 30-145. - Recreational Vehicles and Park Trailers. Recreational vehicles and park trailers shall not be permitted in the City. Section 30-146. - TANKS (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 30-146(c) of this article shall: M Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. (d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood: and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Section 30-147. - Other Development. (a) General requirements for other development. All development, including man-made Exhibit B Page 42 of 44 City of Aventura Ordinance No. 2022- changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall- (1) Be located and constructed to minimize flood damage: (2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood: (3) Be constructed of flood damage-resistant materials: and (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. (b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure: (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure: and (3) Have a maximum slab thickness of not more than four (4) inches. (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified Exhibit B Page 43 of 44 City of Aventura Ordinance No. 2022- registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. (d) Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority: if located outside the footprint of, and not structurally attached to, buildings and structures: and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures: (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters: and (3) On-site sewage treatment and disposal systems defined in 64E-6.002. F.A.C., as filled systems or mound systems. (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones.. In coastal high hazard areas and Coastal A Zones- (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach- dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. Exhibit B Page 44 of 44 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (9L City Manager BY: Keven Klopp/�w Community Development Director DATE: October 29, 2021 SUBJECT: Property Rights Element — Comprehensive Plan Amendment November 2, 2021 Local Planning Agency Meeting Agenda Item 4 1It Reading November 2, 2021 City Commission Meeting Agenda Item 8A 2"1 Reading January 4, 2022 City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the Local Planning Agency recommend approval of and the City Commission adopt the attached Ordinance amending the City's Comprehensive Plan. The addition of a Property Rights Element is now required pursuant to Section 163.3177(6)(i)2, Florida Statutes. BACKGROUND During the 2021 Legislative Session, the State Legislature passed CS/CS/SB 496, which requires municipalities to include a property rights element in their comprehensive plans. Such element must set forth certain private property rights that the municipality will consider in its decision-making processes related to planning and development. The City's proposed Property Rights Element includes the required information set forth in the statute. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2021 Legislative Session, the State Legislature passed CS/CS/SB 496, which, among other things, created a new requirement in Section 163.3177(6), Florida Statutes (2021) (the "Statute") that each local government include in its comprehensive plan a "property rights element to ensure that private property rights are considered in local decision making;" and WHEREAS, the Statute provides that local governments "must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s.163.3191;" and WHEREAS, in compliance with state law, the City Commission desires to amend the City Comprehensive Plan to include a property rights element in the form prescribed by the Statute; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law, for the proposed Comprehensive Plan amendment; and WHEREAS, on November 2, 2021, the City Commission, sitting in its capacity as the Local Planning Agency, reviewed this Ordinance and recommended approval to the City Commission; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. 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. Approval of the Amendment. That the City Comprehensive Plan is amended to include the following: City of Aventura Ordinance No. 2022- The City of Aventura Comprehensive Plan Property Rights Element Goal The City of Aventura will make planning and development decisions with respect for Property rights and with respect for people's rights to participate in decisions that affect their lives and property. Obiective 1 The City of Aventura will respect judicially acknowledged and constitutionally protected Private property rights. Policy 1.1 The City of Aventura will consider in its decision-making the right of a property owner to Physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 1.2 The City of Aventura will consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.3 The City of Aventura will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and Property. Policy 1.4 The City of Aventura will consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift. Section 3. Inclusion in the City's 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 4. Transmittal. That the City staff is authorized to transmit copies of the Ordinance to the Florida Department of Economic Opportunity (DEO), and all other units of local government and governmental agencies as required by Florida law for review and comment, after a vote on first reading of this Ordinance. Section 5. 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 Page 2 of 4 City of Aventura Ordinance No. 2022- 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 6. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 7. Effective Date. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the comprehensive plan amendments approved by this Ordinance shall be the date a final order is issued by the Florida Department of Economic Opportunity or Administrative Commission finding the plan amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of Economic Opportunity notice of intent to find the plan amendments in compliance shall be deemed to be the final order if no timely petition challenging the plan amendment is filed. The foregoing Ordinance was offered by Commissioner Narotsky, 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 Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading this 2nd day of November, 2021. PASSED AND ADOPTED on second reading this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: October 29, 2021 SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-26 "Service Retirement Benefit" and Section 36-35 "Deferred Retirement Option Program (DROP)" 11t Reading November 2, 2021 City Commission Meeting Agenda Item 8B 2"1 Reading January 4, 2022 City Commission Meeting Agenda Item 8B RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the Police Pension Plan and Trust Fund (the "Plan") to provide for in-service distribution of benefits to certain retired members who return or transfer to employment by the City in a department or position outside the police department. BACKGROUND The Plan currently does not provide for in-service distribution of retirement benefits to retired members of the Plan who return or transfer to employment by the City in positions outside of the Police Department. The Ordinance provides, to the extent permitted under the Internal Revenue Code, that the benefits to a retired member shall not be suspended or reduced merely on account of any re-employment or continued employment of the retired member by the City in any capacity in any department or position other than the Police Department. A retired member who was a participant in the DROP at the time such continued employment commenced shall be permitted to remain a participant in the DROP for the remainder of the member's maximum period of DROP participation and receive distributions from the DROP after the member's DROP participation end. If a re-employed member was a DROP participant prior to separation from City service and had not yet received a distribution from the member's DROP account at the time of re-employment, the re- employed retired member shall receive distributions from the DROP without regard to the re-employment. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2026-21 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE POLICE DEPARTMENT; AMENDING SECTION 36-35, DEFERRED RETIREMENT OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the City Commission desires to allow in-service distribution of retirement benefits to certain retired members of the plan who return or transfer to employment by the City in positions outside the Police Department; and WHEREAS, the City Commission finds that it is in the best interest of the City and its employees to amend the Plan; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission has received, reviewed and considered an actuarial impact statement describing the actual impact of the amendments provided for herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Words in s+r� type are deletions from exist text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2022- Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-26, "Service retirement benefit," of the City Code of Ordinances be amended by adding subsection (i), Limited in-service distributions permitted, as follows- (i) Limited in-service distributions permitted. To the extent permitted under the Internal Revenue Code with regard to in-service distributions, the benefits otherwise payable under this Section to a retired member who has reached the age and/or service requirements for a service retirement shall not be suspended or reduced merely on account of any re-employment or continued employment of the retired member by the City in any capacity (including, but not limited to. Full-Time. Part-Time, or Independent Contractor) in any department or position other than the Police Department. The retired member shall not be entitled to active membership in the plan by virtue of any such reemployment or continued employment outside the Police Department, shall not accrue any credited service therefor, and shall not be able to enter the Deferred Retirement Option Program (DROP) established by section 36-35 during such continued employment or re-employment. If a retired member whose employment is continued outside the Police Department was a participant in the DROP at the time such continued employment commenced, the member shall be permitted to remain a participant in the DROP for the remainder of the member's maximum period of DROP participation, receive distributions from the DROP after the member's DROP participation ends (either by the member reaching the maximum period of DROP participation, electing to cease DROP participation while still employed by the City outside the Police Department or terminating all City employment) in the manner and subject to deadlines set forth in section 36-35 and shall not be required to terminate employment outside the Police Department as a result thereof. If a re-employed member who is re-employed outside the Police Department was a DROP participant prior to separation from City service and had not yet received a distribution from the member's DROP account at the time of re-employment, the re-employed retired member shall receive distributions from the DROP in the manner and subject to the deadlines set forth in section 36-35 without regard to the re- employment. Page 2 of 6 City of Aventura Ordinance No. 2022- Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-35, "Deferred retirement option program (DROP)," of the City Code of Ordinances be amended as follows: Sec. 36-35. - Deferred retirement option program (DROP). Effective October 1, 2018, a deferred retirement option plan ("DROP") will be created. A member will be eligible to enter the DROP on the earlier of the first day that he/she is eligible for service retirement as defined by section 36-26(b)(2) or delayed retirement as defined in section 36- 26(b)(3) but with at least 11 years of credited service and attainment of age 57. Upon entering the DROP, a member will no longer accrue credited service or additional pension benefits and will no longer make employee contributions to the Retirement Plan. Instead, the amount of the monthly pension benefit for the benefit option selected by the member will be credited to the member's DROP account. The maximum period that a member may participate in the DROP is five years. After the maximum period of DROP participation, the member must terminate from employment as a City police officer or in the City Police Department. DROP participation must begin by the earlier of the date on which a member reaches 25 years of service or the date on which a member reaches age 57 with 11 years of service ("Maximum DROP Entry Deadlines"). A member may elect to enter DROP after the foregoing dates, but his/her maximum participation in the DROP will be reduced by the period of time in which the member delayed entry in the DROP after reaching either of the foregoing Maximum DROP Entry Deadlines. The member's DROP account will be self-directed by the member to mutual funds selected by the Retirement Plan's Board of Trustees from among those offered by a vendor selected by the Board of Trustees. The available mutual funds and the vendor may be changed from time to time by the Board of Trustees. Members will be solely responsible for the gains and losses of their individual self-directed DROP accounts. Members who elect to participate in the DROP shall be required to separate from City serVi^o employment as a City police officer or in the City Police Department at the conclusion of the DROP period. A member's DROP shall be distributed to the member in a lump sum, rollover, or a combination of both, as soon as administratively practicable and not more than 90 days following the conclusion of the DROP period or approval of the distribution by the Retirement Plan Board of Trustees, whichever occurs last. Neither the City, the Retirement Plan, nor its Board of Trustees shall have any liability or responsibility to guarantee the principal and/or rate of return for a member's DROP assets. The DROP accounts, although self-directed Page 3 of 6 City of Aventura Ordinance No. 2022- separate accounts, will remain part of the pension trust, and distributions from a member's account shall not be permitted until termination of employment. Section 4. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 5. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 6. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. Page 4 of 6 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Vice Mayor 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 Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 5 of 6 City of Aventura Ordinance No. 2022- PASSED on first reading this 2nd day of November, 2021. PASSED AND ADOPTED on second reading this 4t" day of January, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: October 29, 2021 SUBJECT: End of Year Budget Amending Ordinance — FY 2020/21 11t Reading November 2, 2021 City Commission Meeting Agenda Item 8C 2"1 Reading January 4, 2022 City Commission Meeting Agenda Item 8C RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2020/21 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2020/21 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2020/21 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared annually to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. In order to comply with Section 166.241(4) of the Florida Statutes, the related ordinance will appear on the November 2021 and January 2022 agendas. Although this Section requires all budget amendments be made "within 60 days following the end of the fiscal year," the second reading of the ordinance (as is consistent with past practice) will not occur until January 2022 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2021 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department and the underlying circumstances that support each recommendation along with the supporting schedule — Exhibit "A". 1 COVID-19 Budget Impact Due to the circumstances created by the global pandemic crisis commonly known as "COVID-19", the City incurred many expenditures that were not budgeted in the FY 2020/21 Budget. As a result, this budget amendment will amend the FY 2020/21 Budget for COVID-19 related expenditures that the City has incurred through September 30, 2021, (i.e., PPE, food for our first responders, additional contractual services including sanitization services, legal fees, facility upgrades, etc.). In FY2019/2020 the City applied for and received reimbursement of the COVID-19 related expenditures that are outlined above and referenced below under the section labeled "Non-Departmental — Other (9001)", from the following Federal funding sources: • Federal Emergency Management Agency ("FEMA") • Coronavirus Emergency Supplemental Funding ("CESF") • Coronavirus Aid, Relief and Economic Security Act ("CARES") In addition, the City also received a Coronavirus Local Fiscal Recovery Fund Agreement under the American Rescue Plan Act (ARPA). Half of the amount awarded ($9,262,537) was received in August 2021. The City is currently developing a plan to use the ARPA funds in compliance with the guidelines distributed by the Department of Treasury. The Administration will continue to monitor this situation very closely and make any and all necessary adjustments to both our revenues and expenditures as necessary. Any additional funding/expenditures that may be received/incurred during FY 2021/22 would be addressed through a future budget amendment, if necessary. Please note that of the $1,267,000 net increase to the FY 2020/21 General Fund Budget, $200,000 pertains directly to COVID-19 related expenditures. General Fund — (001) — ($1,267,000 net increase) Legal (0601) — ($200,000 increase) 3120 — Prof. Services — Legal requires a $200,000 budget amendment resulting primarily from overages in the following areas: • $8,000 related to the Intersection Safety Camera Program • $40,000 related to the School Referendum matter • $25,000 for matters related to the COVID-19 Pandemic including re-opening of parks and American Rescue Plan Act funding • $32,000 for various Police matters 2 The balance is comprised of miscellaneous legal matters related to: • Reviewing Medical district matters • Participation in Don Soffer Aventura High School Foundation matters, including tax return preparation and attendance at several Foundation Board meetings • City Charter School contract and policy matters • Development matters This overage will be offset by $200,000 in Half-Cent Sales Tax Revenue (3351800). City Clerk (0801) — ($17,000 increase) 4915 — Election Expenses requires a $17,000 budget amendment due to higher than anticipated costs related to a special election for charter amendments. This overage will be offset by $17,000 in anticipated additional Half-Cent Sales Tax Revenue (3351800). Public Safety (2001) — ($50,000 increase) 1401 - Overtime requires a $50,000 budget amendment primarily due to the increased need for law enforcement presence and patrolling at the Halloween event and after the George Floyd murder which was not anticipated in the originally adopted budget. This overage will be offset by $50,000 in anticipated additional Half-Cent Sales Tax Revenue (3351800). Community Development (4001) — ($400,000 increase) 3101 — Building Inspection Services requires a $400,000 budget amendment due to a combination of higher than anticipated building and planning activity experienced during the year and the addition of an inspector and administrative position to support increased inspection requests following the Surfside building collapse. This overage will be offset by the following anticipated additional revenue: $270,000 in Building Permit Revenue (3221000 and 3222000), $75,000 in Development Review Fees (3425000) and $55,000 in Half-Cent Sales Tax Revenue (3351800). 3 Community Services (5001) — ($135,000 increase) 4851 — Cultural Recreational Programming requires a $135,000 budget amendment due to higher than anticipated participation in outdoor sports (due to COVID) such as Travel and Recreation Soccer and After School Tennis. This overage will be offset by $135,000 in anticipated additional Parks and Recreation Revenue (3472000). Public Works/Transportation (5401) — ($150,000 increase) 4320/4301 — Utilities — Water and Electric requires a $150,000 budget amendment primarily due to the following which was not anticipated in the originally adopted budget: • Additional irrigation costs of the park fields and the right-of-ways during the dry season. Fertilization was utilized to maintain and promote healthy fields which resulted in additional irrigation so as to avoid burning the grass. • Due to COVID, public buildings are set to circulate increased amounts of fresh air (50% vs. 20%), requiring units to work harder. This overage will be offset by $150,000 in anticipated additional Utility Tax-Water Revenue (3143000). Non-Departmental — Communications Services (9001) — ($115,000 increase) 4101 — Telephone requires a $115,000 budget amendment due to the following which was not anticipated in the originally adopted budget: • Internet upgrades made at Government Center and the Community Recreation Center • Upgrades to the communication system in the Commission Chamber. This overage will be offset by the following anticipated additional revenue: $100,000 in State Revenue Sharing — Communications Services Tax and Fuel Tax Revenue (3351200) and $15,000 in Parks and Recreation Revenue (3472000). Non-Departmental — Other (9001) — ($200,000 increase) 5950 — Disaster Supplies requires a $200,000 budget amendment primarily due to the unanticipated expenditures that the City incurred in response to the COVID-19 pandemic that were referenced above under the caption "COVID-19 Budget Impact". In FY2020/21, 4 the City was reimbursed for many of the COVID-19 related costs through a combination of federal and state monies. This overage will be offset by $110,000 in COVID related grant revenue (3311901) received in FY 2020/21 that was not anticipated in the originally adopted budget and by $90,000 in anticipated additional Parks and Recreation Revenue (3472000). Community Services — Capital Outlay (8050) — ($45,000 increase) 6327 — Peace Park Improvements requires a $45,000 budget amendment due to higher construction costs than anticipated for new restrooms at Peace Park. The City put out an RFP for the construction and design. This overage will be offset by a corresponding reduction of$45,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). Public Works/Transportation — Capital Outlay (8054) — ($175,000 increase) 6341 — Transportation System Improvements requires a $175,000 budget amendment due to the replacement and relocation of a telecommunications pole that is located in a DOT right of way. This relocation is necessary due to the construction of the Ives Dairy Road flyover and was not anticipated in the originally adopted budget. This overage will be offset by a corresponding reduction of $175,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). 5 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2020/2021 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2020-10, which Ordinance adopted a budget for the 2020/2021 fiscal year, by revising the 2020/2021 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2022- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2020. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2022- PASSED on first reading this 2nd day of November, 2021. PASSED AND ADOPTED on second reading this 4t" day of January, 2022. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3