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03-01-2022 Regular Commission Meeting Agenda City Manager City Coinrnission Ronald J.Wasson ]Enid Weisman,Mayor "�— Rachel S.Friedland,Vice Mayor City Clerk Demise Landman,Commissioner 1:: ]Ellllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Marc Narotsky,Commissioner City Attorney Robert Shelley,Commissioner � �� G Weiss Scrota Hellman e � Cote&]Bierman CITY COMMISSION REGULAR MEETING AGENDA MARCH 19 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 • Don Soffer Aventura High School Update • Aventura City of Excellence School Update 5. CO N S E N T AG E N 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: • February 1, 2022 City Commission Regular Meeting • February 17, 2022 Commission Regular Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda March 1, 2022 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CITY OF AVENTURA TITLE VI PROGRAM UPDATE IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND AS REQUIRED BY THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS, OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON AUGUST 23, 2022, IN CONJUNCTION WITH THE MIAMI-DADE COUNTY PRIMARY ELECTION, TO FILL A VACANCY ON THE CITY COMMISSION FOR SEAT 3 IN ACCORDANCE WITH CITY CODE OF ORDINANCES CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF SAID ELECTION; ESTABLISHING A QUALIFYING PERIOD TO FILE FOR CITY COMMISSION SEAT 3; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GRAYBAR TO PROVIDE AND INSTALL ADDITIONAL LIGHTING AT FOUNDERS PARK AS SET FORTH IN GRAYBAR PROPOSAL 0239941996 IN THE AMOUNT OF $681,818.18; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING 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. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT A HEIGHT OF 200 FEET AND 14 STORIES, WHERE THE LDRS PERMIT A MAXIMUM HEIGHT OF 120 FEET AND 12 STORIES, AND GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)M OF THE LDRS TO PERMIT A FLOOR Page 2 of 3 Aventura City Commission Regular Meeting Agenda March 1, 2022 AREA RATIO OF 2.00, WHERE THE LDRS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.83, FOR THE DEVELOPMENT OF AN OFFICE AND RETAIL BUILDING TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM, LOCATED AT 2750 NE 199 STREET, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—MARCH 15, 2022 AT 9 AM COMMISSION REGULAR MEETING—APRIL 5,2022 AT 6 PM COMMISSION REGULAR WORKSHOP—APRIL 28,2022 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 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: February 25, 2022 SUBJECT: Approval of Minutes March 1, 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 February. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • February 1, 2022 City Commission Regular Meeting • February 17, 2022 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 FEBRUARY 1, 2022 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.12 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Rachel S. Friedland, 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. Commissioner Jonathan Evans was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the ACES Governing Board Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Wasson, accompanied by Chief Michael Bentolila, presented Detective Ricardo Moreno (10 years) with a recognition certificate and token of appreciation for the completion of milestone years of service with the City. Detective Moreno was also presented with a Top Forensic Examiner Award, on behalf of United States Secret Service. • Certificates of Appointment — Arts & Cultural Center Advisory Board: Mr. Wasson presented the certificates to the newly appointed Board members of the Arts & Cultural Advisory Board. • Aventura City of Excellence School Update: None - the update was provided by Principal Dr. Anthony Tyrkala at the Governing Board Meeting. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by student, Michelle Ruben, provided a brief report on DSAHS. Ms. Ruben discussed the difficulty in fundraising efforts for the prom in 2023, for the first group of graduating seniors, and requested the Commission's assistance. Aventura City Commission Regular Meeting Minutes February 1, 2022 A motion to approve an amount not to exceed $10,000, for the first DSAHS senior prom, was offered by Vice Mayor Friedland, seconded by Commissioner Dr. Marks, and passed unanimously by roll call vote. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • January 4, 2022 City Commission Regular Meeting • January 20, 2022 Commission Regular Workshop Meeting B. Resolution No. 2022-12 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2022-13 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR THE REMAINDER OF A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000.00 FOR OFFICE FURNITURE FOR A NEW BUILD OUT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2022-14 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, IMPLEMENTING A ROTATION SCHEDULE FOR THE SELECTION OF A VICE MAYOR ON A SEMI-ANNUAL BASIS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 F. Resolution No. 2022-15 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE SPENDING PLAN PREPARED BY THE CITY MANAGER FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA); DIRECTING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO RETAIN A PROJECT CONSULTANT TO OVERSEE THE IMPLEMENTATION OF AN ENHANCED INFORMATION TECHNOLOGIES NETWORK; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2022-16 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A CONVERSION PLAN TO PHASE IN ON-DEMAND TRANSPORTATION SERVICES BY EXPANDING THE SCOPE OF SERVICE TO ENCOMPASS THE ENTIRE CITY; AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL VEHICLES FROM FREEBEE LLC, THE CURRENT VENDOR, AS PART OF PHASE ONE OF THE CONVERSION PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for Items 6A, 613, and 6C. Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 6A, 613, and 6C. RESOLUTIONS: Mrs. Horvath read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A SIGN VARIANCE FROM SECTION 31-191(J)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT SEVEN (7) DIRECTIONAL SIGNS, MEASURING SIX FEET (6') IN HEIGHT AND SEVENTEEN (17) SQUARE FEET IN SIGN AREA, WHERE THE LDRS PERMIT DIRECTIONAL SIGNS TO BE A MAXIMUM OF THREE FEET (3') IN HEIGHT AND FOUR (4) SQUARE FEET IN SIGN AREA, ON THE AVENTURA HOSPITAL AND MEDICAL CENTER CAMPUS LOCATED AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the sign variance request subject to the conditions listed, and displayed the signs and locations. Page 3 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 No comments were provided on behalf of the Applicant (Miami Beach Health Care Group Ltd. dba Aventura Hospital & Medical Center). The Commission discussed 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 Resolution passed unanimously by roll call vote and Resolution No. 2022-17 was adopted. Mrs. Horvath read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING APPROVAL OF VARIANCES FROM SECTION 31-147 OF THE CITY'S LAND DEVELOPMENT REGULATIONS(LDRS)TO PERMIT A REAR SETBACK OF SIX FEET AND ONE INCH (6'1") AND A FRONT SETBACK OF TWENTY-THREE FEET AND TWO INCHES(23'2'),WHERE THE LDRS REQUIRE A TEN FOOT (10') REAR SETBACK AND A TWENTY-FIVE FOOT (25') FRONT SETBACK, TO FACILITATE CONSTRUCTION OF A GUARDHOUSE AND ENCLOSED PATIO AREA LOCATED AT 19275 MYSTIC POINT DRIVE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Vice Mayor Friedland and seconded by Commissioner Dr. Marks. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the front and rear setback variance requests, subject to the conditions listed. The following provided comments on behalf of the Applicant (Alan Rosenthal on behalf of owners Beit Yaacov, Inc. dba Beit Jacob Safra Synagogue): Alan Rosenthal, Esq. — Rosenthal Rosenthal Rasco LLC (20900 N.E. 30t"Aventura, #600, Aventura) and Joseph Kaller, Architect - Kaller Architecture (2417 Hollywood Blvd, Hollywood). The Commission discussed the item. Police Chief Michael Bentolila provided positive comments. 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. 2022-18 was adopted. Page 4 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 Mrs. Horvath read the following Resolution title- C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN MISTER Ol PIZZA RESTAURANT LOCATED AT 2980 NE 207 STREET, SUITE 109, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the conditional use application to allow the sale of alcoholic beverages for on-premise consumption, subject to the conditions listed. The following provided comments on behalf of the Applicant (Aventura 305 LLC dba Mister 01 Pizza Restaurant): Ben Fernandez, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami). The Commission discussed the item. Mayor Weisman opened the item for public comment. The following members of the public provided comments: Paul Kruss (2600 Island Blvd. #702, Aventura). There being no additional 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. 2022-19 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE H "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. 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. Page 5 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 Community Development Director Keven Klopp reviewed the fee list from other municipalities as provided in the agenda. The Commission discussed 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 (5-1), by roll call vote, and Ordinance No. 2022-03 was adopted. Mrs. Horvath read the following Ordinance title- 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. A motion for approval of the Ordinance was offered by Vice Mayor Friedland and seconded by Commissioner Narotsky. Mr. Wasson reviewed the item, discussed the current process, and recommended approval. Police Chief Michael Bentolila provided comments on the current 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, and Ordinance No. 2022-04 was adopted. Mrs. Horvath read the following Ordinance title- 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 THE CODE; 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 reviewed the item to allow the City to participate in the insurance reduction program and recommended approval. Page 6 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 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. 2022-05 was adopted. 9. RESOLUTION/PUBLIC INPUT: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR SENATE BILL 476 AND HOUSE BILL 297 WHICH WOULD PROVIDE PENALTIES FOR AGGRESSIVE CARELESS DRIVING RESULTING IN SERIOUS BODILY INJURY OR DEATH AND PROPERTY DAMAGE; URGING THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO SUPPORT AND APPROVE THE LEGISLATION; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Landman and seconded by Vice Mayor Friedland. 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. The motion for approval of the Resolution passed unanimously, by roll call vote, and Ordinance No. 2022-20 was adopted. 10. REPORTS: Commissioner Landman encouraged resident participation at the following upcoming City events: Share the Road Bike Event and Movie Night. Commissioner Dr. Marks reported on her attendance at the Youth Advisory Board Meeting for discussion and presentation of the Aventura Strong project. Mayor Weisman reported on the recent recognition of the City for being proactive in the adoption of Ordinances requiring certain regulations following the Champlain Towers incident in Surfside. She additionally reported on the $600,000 awarded to the City for a public works project for seawalls. 11. PUBLIC COMMENTS: The following members of the public provided comments: Frank Hernandez (20301 W. Country Club Drive, PH#24, Aventura) and Laura Defina (3600 Mystic Pointe Drive #1708, Aventura). 12. OTHER BUSINESS: None. Page 7 of 8 Aventura City Commission Regular Meeting Minutes February 1, 2022 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Vice Mayor Friedland, and unanimously approved; thus, adjourning the meeting at 7:09 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on March 1, 2022. Page 8 of 8 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES FEBRUARY 17, 2022 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 9:04 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Rachel S. Friedland', Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky2, 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. Per the request of Mr. Wasson and consensus of the City Commission, Items 3 and 4 were taken out order: 3. Discussion: Governing Boards Meeting Schedule (City Manager): Mr. Wasson reviewed the current schedule for the ACES and DSAHS Governing Boards and requested direction for future meetings. The Commission discussed holding separate meetings, additional meetings, and training. City Manager Summary: It was the consensus of the City Commission to schedule Governing Board meetings for April 7, 2022 at 9:00 a.m. The remainder of the scheduled meetings will remain the same, but will be scheduled following the Commission Workshops instead of prior to them. Additional meetings may be scheduled as needed. 4. Discussion: Renewal of FDOT Landscape Maintenance Contract for Biscayne Boulevard (City Manager): Mr. Wasson reviewed the proposed second renewal of the contract with the Florida Department of Transportation and reported on the cost to maintain the medians. The Commission discussed the contract and the possibility of increasing the foliage in that area. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of a Resolution on the March 1, 2022 Commission Meeting Agenda for the item as presented. ' Arrived during discussion of the Governing Board Meeting Schedules. 2 Participated via virtual communications media technology. Aventura City Commission Regular Workshop Meeting Minutes—February 17, 2022 2. Presentation: Two Turnberry Mixed-Use Office Building (City Manager): Mr. Wasson introduced the item and provided a brief overview of the project on Biscayne Boulevard. Keven Klopp, Community Development Director, reviewed the item that will be presented for conditional use approval at the March 1, 2022 Commission Meeting. Michael Marrero, Esq. — Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami), reviewed the timeline for the project encompassing some movement of transit and the request for conditional use approval of the City's Land Development Regulations, relating to height and stories, as well as floor area ratio, for the development of an office and retail building. Fidel Zabik, Vice President — Arquitectonica (2900 Oak Avenue, Miami), reviewed the following items: site context, rendering se corner ground level, rendering ne corner ground level, rendering ne corner bird's eye view, site plan, floor plan level 01, floor plan level 02, floor plan level 05 (typical garage), floor plan level 07 (amenity deck), floor plan level 14 (office level), east elevation, west elevation, north & south elevations, building section, and building materials. The Commission discussed the project, including the overpass from the Brightline station to the proposed building, parking, Nordstrom garage, and crossing Abigail Road. Andy Lugo, EVP of Development and Construction — Turnberry and Rock Soffer, President, Special Project Division at Turnberry Associates (19501 Biscayne Blvd. Suite 400, Aventura) provided comments. Tim Plummer, PE, President — David Plummer & Associates (1750 Ponce de Leon Boulevard, Coral Gables) reviewed the parking occupancy data. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of a Resolution on the March 1, 2022 Commission Meeting Agenda for the item as presented. 5. Discussion: Approval to Re-roof the Aventura Arts and Cultural Center (AACC) as an Emergency Expenditure (City Manager): Mr. Wasson reviewed the proposed project to provide repairs to the existing roof at the Arts & Cultural Center. The Commission discussed the item including the following: age of the roof, warranty on the current roof, providing a full roof replacement in lieu of repairs, speaking with the City's insurance broker, solar initiative, and the use of American Rescue Plan funds. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to look at providing a new roof at the Arts & Cultural Center in lieu of repairing the existing roof, due to the age of the roof. Page 2 of 4 Aventura City Commission Regular Workshop Meeting Minutes—February 17, 2022 The following additional items were discussed: Community Recreation Center Gymnasium Roof: Mr. Wasson also discussed the need to repair the roof for the gymnasium at the Community Recreation Center. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to also look at providing a new roof at the Community Recreation Center Gymnasium in lieu of repairing the existing roof, due to the age of the roof. Title VI Program Update: Mr. Wasson discussed the requirement of the Miami- Dade County Department of Transportation and Public Works, Office of Civil Rights and Labor Relations, for the City to update the Title VI/Non-Discrimination Policy and Plan and other related documents through the adoption of a resolution confirming compliance with the updated Title VI Program. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of a Resolution on the March 1, 2022 Commission Meeting Agenda for the item as presented. 6. Discussion: Defibrillators (Vice Mayor Friedland): This item was removed from the agenda by Vice Mayor Friedland. City Manager Summary: None. The following additional items were discussed: Mr. Wasson will provide monthly updates on the American Rescue Plan funds showing the money spent, as well as the associated dates. Mr. Wasson will provide the Commission with a monthly calendar of events and birthdays. Freebee Program: Mr. Wasson provided an update on the Freebee program, while Evan Ross, Communications Consultant — Public Communicators Group, LLC, reviewed the plans for educating the public as well as the marketing campaign. Former Commissioner Michael Stern provided comments. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to come back with a comprehensive plan on how the Freebee program will proceed including addressing users to/from the high school and the circulator bus. He will also provide the Commission with the circulator bus rider data. Dog Park: Following Commission discussion, Mr. Wasson will provide a temporary fence at the dog park before permanently dividing the park into areas for large and small dogs. Safra Proiect: The Commission discussed the road lane and sidewalk closures for the Safra project and its effect on vehicular and pedestrian traffic, as well as the Page 3 of 4 Aventura City Commission Regular Workshop Meeting Minutes—February 17, 2022 possibility of receiving compensation for the inconvenience of losing the use of those items. Mr. Wasson will report back to the Commission on the approvals that were given to the project regarding those items. Former Commissioner Howard Weinberg provided comments. Special Election: Mayor Weisman discussed the recent loss of Commissioner Jonathan Evans and the need to hold an election for his seat. It was discussed that the flag flown at half-staff at Government Center will be given to his wife Jo-An and future arrangements will be relayed to the Commission. Mr. Meyers provided information on the City's Charter and Code regarding a special election to fill a vacated seat, as well as recent discussions with the Miami-Dade County Elections Department to hold the special election in conjunction with their county-wide primary election on August 23, 2022. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of a Resolution on the March 1, 2022 Commission Meeting Agenda calling for a Special Election on August 23, 2022, with the qualifying dates from March 7, 2022 through March 11, 2022. The Commission discussed traffic, 207t" Street going west, and the possibility of providing police officers at certain merge points during peak hours. Mr. Wasson will invite Miami- Dade County Commissioner Sally Heyman to attend the next Workshop. 7. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:11 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on March 1, 2022. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: February 25, 2022 SUBJECT: Resolution Declaring Property as Surplus March 1, 2022 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2042-22 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 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 1st day of March, 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 POLICE DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Police DATE: February 25, 2022 SUBJECT: Surplus Vehicles I would like to have the vehicles listed below, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes. 2013 Ford Expedition - 1 FMJU1 F58DEF30786 2011 Ford Crown Vic - 2FABP7BV1 BX123712 2013 Chevy Tahoe - 1 GNSC4EOODR132166 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: February 25, 2022 SUBJECT: Renewal of FDOT Landscape Maintenance Contract for Biscayne Boulevard March 1, 2022 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the renewal of the attached contract with the Florida Department of Transportation (FDOT) for landscape maintenance along Biscayne Boulevard from the Oleta River Bridge to the County line. The original renewal contract was authorized by Resolution No. 2020-13. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2044-22 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Contract Renewal by and between the City of Aventura and the Florida Department of Transportation to provide landscape maintenance services on the Florida Department of Transportation rights-of way on Biscayne Boulevard from the Oleta River Bridge north to the Miami-Dade/Broward County line. .Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 1st day of March, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 -23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION S CONTRACT RENEWAL CONTRACTS ADMINISTRATI RATION OGC-04/06 Contract No.: ASG57 Renewal: (1st, 2nd,etc.) 2nd Financial Project No(s).: 407334-5-78-01 County(ies): Miami-Dade This Agreement made and entered into this day of by and between the State of (This date to be entered by DOT only.) Florida Department of Transportation, hereinafter called "Department",and City of Aventura - 19200 West Country Club Drive, Aventura, Florida 33180 hereinafter called "Contractor". WITNESSETH: WHEREAS, the Department and the Contractor heretofore on this 18 day of February 2020 (This date to be entered by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and landscape within the right of way on the State Roads described in "Exhibit A"of the original contract; and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement for a period beginning the 11 day of July, 2022 and ending the 10 day of July, 2023 at a cost of$12,676.00. All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. STATE OF FLORIDA City of Aventura DEPARTMENT OF TRANSPORTATION Name of Contractor BY: Contractor Name and Title District Secretary or Designee (Signature) BY: Title: Authorized Signature (SEAL) Legal: Name of Surety Fiscal: City State Approval as to Availability of Funds By: Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) Countersigned: Florida Licensed Insurance Agent Date I DocuSign Envelope ID:495695CI-EF23-4209-BC19-175751CW718 CONTRACT#—ASG57 TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF AVENTURA This Agreement, is made and entered into this 18 -!--day of F ruary 20_N by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT', and City of Aventura, a municipal corporation of the State of Florida,hereinafter referred to as the 'LOCAL GOVERNMENT'. RECITALS: WHEREAS,the DEPARTMENT has jurisdiction and maintains State Road 5 (Biscayne Boulevard/US-1)from just South of Ole ta River Bridge to Miami-DadeJBroward County Line in the LOCAL GOVERNMENT;and WHEREAS,the DEPARTMENT,at the LOCAL GOVERNMENT's request,has agreed to compensate the LOCAL GOVERNMENT for the maintenance ofturf and landscape,hereinafter referred to as the 'PROJECT',and WHEREAS, the LOCAL GOVERNMENT recognizes that the State Right-of-Way contains tuff and landscape, is requires ongoing maintenance; WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 107334-5-79-0,1, and has agreed to compensate the LOCAL GOVERNMENT for turf and landscape maintenance services as further described in Exhibit"A7 —Scope of Services, and in accordance with the provisions of Exhibit"B"—Financial Summary, which exhibits are attached hereto, and incorporated by reference;and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and waing forth the responsibilities of each party;and WHEREAS,the LOCAL GOVERNMENT is aware this Agreement will supplement all maintenance requirements between the DEPARTMENT and the LOCAL GOVERNMENT for all previously executed Permits and Agreements; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e)and 339.12,Florida Statutes(F.S.); NOW,THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein,the receipt and sufficiency of which are acknowledged, Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page I of 16 Docuftn Envy bpe ID:495695CI-EF23-4209-BC19-175751CO0718 the parties agree as follows: 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement,as if fully set forth herein. 2® GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES a® The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL GOVERNMENT Council/Commission for ratification or approval by lution® A copy of said resolution is attached hereto as Exhibit "W - Local Government's Resolution,and is herein incorporated by reference, b. The LOCAL GOVERNMENT shall not commence the PROJECT until the effective date of this Agmernent, is shall be the to reflected on the written notice to proceed,and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective to of this Agreement. c. The LOCAL GOVERNMENT shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT's right-of-way(the project limits) as described in Exhibit"A". ® The LOCAL GOVERNMENT shall be responsible for performing the required maintenance within the project limits with the minimum frequencies stipulated in Exhibit"A"a e. All turf and landscape maintenance shall be in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program", and Index 546 of the latest FDOT Design Standards. f. Before the LOCAL GOVERNMENT starts the or the DEPARTMENT shall be notified,via fax or e-mail, The fax or e-mail shall be sent to the attention of the North Miami-Dade Maintenance Engineer,lvanohe Hernandez,P.E.at(305)640-7165 or:ivanohe.hemandez@dot.state.fl.us g. The LOCAL GOVERNMENT shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT's right of way following a natural disaster (i.e.hurticane,tornados,etc.). However,the cost of any cycle or part thereof impaired by any such event may be deducted from the DEPARTMENT's affected quarterly payment to the LOCAL GOVERNMENT. h. It is understood between the parties hereto that all the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Finandal Project#407334-5-78-01 Page 2 of 16 Do Sign Envelope ID:495695C1-EF23-4209-BC19-175751C00718 altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. i. The LOCAL GOVERNMENT shall not plant additional landscaping within the limits of the PROJECT,without prior written approval by the DEPARTMENT, in accordance with Florida Administrative Code Rule 14-40.003. Such approval shall be in the form of a separate written agreement that will require the LOCAL GOVERNMENT to properly construct and maintain the additional landscaping without compensation from the DEPARTMENT. j. This Agreement shall not obligate the DEPARTMENT to pay the LOCAL GOVERNMENT to maintain any additional landscaping, planted after the effective date of this Agreement, within the limits of the PROJECT, and shall not obligate the LOCAL GOVERNMENT to maintain any such additional landscaping. k. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections 3 and 5 of this Agreement. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT, up to the maximum participating annual amount of J12&76.00 for completion of the services described in Exhibit"A"—Scope of Services. The method of compensation is included in Exhibit "B"—Financial Summary. K The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The PROJECT, identified as PROJECT Number 407334-5-78-01, and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit"A". (Section 287.058(1)(d) and (e), F.S.), C. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A", accompanied by the duly executed certification document in Exhibit "C", thereby establishing that the Scope of Services described in Exhibit "A" have been completed, Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. (Section 287,058 (1)(a), F.S.) d. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT, or performed by the LOCAL GOVERNMENT, and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified Turf and Landscape maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 3 of 16 Docu Sign Envelope ID:495695Cl-EF23-4209-BC19-175751CO0718 in Exhibit "A" — Scope of Services was met (see Exhibit "C" — Turf and Landscape JPA Work Certification Document), e. There shall be no reimbursement or compensation for travel expenses under this Agreement. f. Payment shall be made only after receipt and approval of goods and/or services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT, The LOCAL GOVERNMENT shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. (Section 297.058(l)(h), F.S.). The LOCAL GOVERNMENT providing goods and/or services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications,purchase order, or contract specifies otherwise, The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. (Section 215.422(l), F.S.). If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount,to the LOCAL GOVERNMENT. Interest penalties of less than one (1)dollar will not be enforced unless the LOCAL GOVERNMENT requests pay►rient. Invoices that have to be returned to LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (Section 215.422(3)(b), F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 4 of 16 DocuSign Envelope ID:495695CI-EF23-4209-BC 19-175751 C00718 Services. The duties of this individual include acting as an advocate for LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (Section 215.422(5) and (7), F.S.) g. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT's general accounting records and the PROJECT records, together with supporting documents and records, of the contractor and all subcontractors performing or on the PROJECT, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. (Section 287.058(4), F.S.) h. In the event this contract is for services in excess of$25,000.00 and a term for a period of more than I year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds.Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of$25,000.00 and which have a to for a period of more than I year." i. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) j. The LOCAL GOVERNMENT shall: i. Utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the to of the contract; and ii. Expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project If 407334-5-78-01 Page 5 of 16 DocuSign Envelope ID:49569SCl-EF23-4209-BC19-175751CO0718 DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term, (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4e COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000NW I I Ith Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To LOCAL GOVERNMENT® City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 5. INVOICING a. The LOCAL GOVERNMENT shall submit quarterly invoices for DEPARTMENT review,approval,and payment in accordance with this Agreement.Quarterly payments will be made upon invoice approval in an amount not to exceed one fourth of the eligible PROJECT costs. Each invoice shall include a completed Turf and Landscape JPA Work Certification Document (Exhibit "C") certifying that the goods and/or services to be completed and paid under this Agreement have been satisfactorily completed and delivered in accordance with the required Scope of Work in Exhibit "A990 b. In the event temporary work by the DEPARTMENT's forces or by other Contractors temporarily prevent the LOCAL GOVERNMENT from performing the work described in this Agreement, the DEPARTMENT shall deduct from the affected quarterly payment(s) the acreage affected area and only compensate the LOCAL GOVERNMENT for the actual work it performs. Turf and Landscape maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 6 of 16 DocuSign Envelope ID:495695C1-EF234209-BC19-175751C00718 i. The DEPARTMENT shall initiate this procedure only if the temporary work prevents the LOCAL GOVERNMENT from performing its work for a period of one (1)month or longer, C. In the event this Agreement is terminated as established in Section 8 herein, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract Manager on the DEPARTMENT's invoice transmittal forms prior to payment. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within thirty (30)calendar days by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall, within five(5)days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed as follows: a. The LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency,the funds retained may be forfeited at the end of the Agreement period. (Section 287.058(1)(h), F.S.) b. Maintain the median or roadside area(s) declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from the DEPARTMENT's affected quarterly payment to the LOCAL GOVERNMENT,- or C. Terminate this Agreement. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 7 of 26 DocuSign Envelope ID:495695CI-EF23-4209-BC19-175751C00718 7. EXPIRATION/RENEWAL This Agreement is for a to of one(1) year beginning on the effective date of this Agreement, which shall be the date reflected on the written notice to proceed, and may be renewed twice, only if mutually agreed to in writing by the DEPARTMENT and the LOCAL GOVERNMENT. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon both satisfactory LOCAL GOVERNMENT performance evaluations by the DEPARTMENT and the availability of funds. This Agreement may be extended if mutually agreed in writing by both parties, for a period not to exceed six(6) months and shall be subject to the same terms and conditions set forth in this Agreement. There shall be only one (1) extension of this Agreement. 8. TERMINATION This Agreement, or part hereof, is subject to tennination under any one of the following conditions: a. In the event the DEPARTMENT exercises the option identified by Section 6 of this Agreement. b. As mutually agreed by both parties. C. In accordance with Section 287.058(1)(c), F.S.,the DEPARTMENT shall reserve the right to unilaterally cancel this Agreement if the LOCAL GOVERNMENT refuses to allow public access to any or all documents, papers, letters,or other materials made or received by the LOCAL GOVERNMENT pertinent to this Agreement which are subject to provisions of Chapter 119, of the F.S. 9. ENTIRE AGREEMENT This Department Funded Agreement is the entire Agreement between the parties hereto,and it may be modified or amended only by mutual consent of the parties in writing. 10. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 11. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the LOCAL GOVERNMENT expressed in writing, executed and delivered by each party. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 8 of 16 DocuSign Envelope ID:495695C1-EF23-4209-BC 19-175751 C00718 12, INVALIDITY If any part oft is Agreement shall be deten-nined to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the to and requirements of applicable law. 13. INDEMNIFICATION Subject to Section 768.28, Florida Statutes,as may be amended from time to time,the LOCAL GOVERNMENT shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the LOCAL GOVERNMENT's negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to,any negligent act, negligent action, negligence or omission by the LOCAL GOVERNMENT, its officers, agents, employees or representatives in the performance of this AGREEMENT,whether direct or indirect,except that neither the LOCAL GOVERNMENT nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT. The LOCAL GOVERNMENT's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the LOCAL GOVERNMENT's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the fon-nal notice mailing requirements set forth in Section 4 of this AGREEMENT, The DEPARTMENT"s failure to notify the LOCAL GOVERNMENT of a claim shall not release the LOCAL GOVERNMENT of the above duty to defend and indemnify the DEPARTMENT. The LOCAL GOVERNMENT shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive ten-nination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The LOCAL GOVERNMENT's evaluation of liability or its inability to evaluate liability shall not excuse the LOCAL GOVERNMENT's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment,after Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 9 of 16 DocuSign Envelope ID:49569 1mEF2 20 C19®175751C 718 the highest appeal is exhausted, specifically i A T°was negligent shall excuse performance of this provision by the LOCAL GOVERNMENT. IN WITNESS WHEREOF, e parties hereto have executed this Agreement,on the day and year ve written, SECRETARYCITY OF AVENTURA: STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION: 0=uSigned by: em a k (Max w _7G (SEAL) EXECrUT1'T"E'QL_ � �,ODCAL G�OVERNMZ &RXK� SECRETARY LEGAL REVIEW: EO—CAL GOVERRNM—[—E"NTTO DISTRICT CHIE�FCO�UNSE�L � t n�scogrr,g.na- Turf and Landscape MaintenanceDepartment Funded Agreement between the Florida Department of Transportation and City f Aventura Finandai Project#4 7334-5-7 1 Page 10 of 1 DocuSign Envelope ID:495695CI-EF23-4209-BC19-175751C00718 Exhibit "A" Scope of Services Maintenance Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENT's right of way on the State Roads below in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the LOCAL GOVERNMENT shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. 5 Biscayne test South of Oleta River Miami-Dade/Broward oulevard/US®1 Brid e Count Line For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Litter Pickup - eighteen (18) times per year • Mowing, including edging and sweeping - eighteen (18) times per year • Landscape Maintenance/Tree Trimming ® eighteen (18) times per year The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of the work activities described above. The LOCAL GOVERNMENT's maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf, b. Pruning all plant materials,which include trees,shrubs and ground covers,and parts thereof, including all material from private property encroaching into the DEPARTMENT'S right-of-way C. Maintaining existing decorative bricks,mulch and other aesthetic features currently found within these corridors. d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 11 of 16 DocuSign Envelope ID:495695CI-EF23-4209-BC19-175751C00718 maintain the current landscape and turf in a healthy and vigorous growing condition. e. Paying for all water use and all costs associated therewith. f Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. 9. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. i® Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by (a)to(h). j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPA RTMENT's right-of- way. Lane closure requests shall be submitted through the District Six Lane Closure Information System,to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. FDOT Financial Project Number: 407334-5-78-01 County: Miami-Dade FDOT Project Manager: lvanohe Hernandez, P.E. -(305) 640-7165 or ivanohe.hemandez&dot.statejl.us LOCAL GOVERNMENT Project Manager: Ronald J. Wasson,City Manager-(305) 466-8910 or rwassonamcit ofav�entura�.com L_� Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and pity of Aventura Financial Project#407334-5-78-01 Page 12 of 16 DocuSign Envelope ID:495695CI-EF23-4209-BC19-175751CO0718 Exhibit "B" Financial Summary Financial Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in Section 5 of this Agreement for the work described in Exhibit "A". The following are the maximum participating compensation amounts the DEPARTMENT will make annually for each of these work activities: • Litter Pickup: 2 ® • Mowing, including edging and sweeping: $2,136.00 • Landscape/Tree Trimming: $9,716.00 TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY THE DEPARTMENT: $12,676.00 The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance frequencies for each of the work activities described above at no additional cost to the DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Fforida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 13 of 16 6ocuSign Envelope ID:49569SCI-EF23-4209-BC19-175751CGO718 Exhibit "C" Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 14 of 16 Docu Sign Envelope ID:495695CI-EF23-4209-BC19-175751C00718 STATE Of ROXAM DEPAUMElFrOFTLU5FORTATION TURF AND LANDSCAPE JPA WORK CERTIFICA71ONT CONTRACT NO: 0.1/O2/ 3/O4n MUNICIP INVOICE NO- PAGE OF Instructions: Form to be completed by the Municipa*certifying and documenting when the work was performed. The Department's Yard Engineer,or designee,will complete the portion confirming that the work performed meets the!PA scope. Date work Performed Location/SR Utter Pickup Mowing Landscape/Tree Trimming C, rats/ rks; Nanw(Print): �artte{Pri�tta Signature: 5! mare; Oats; Oaa Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City Of Aventura Financial Project#407334-5-78-01 Page 15 of 16 DocuSign Envelope ID:495695C1-EF23-4209-BC1 9-175751 000718 Exhibit "D" LOCAL GOVERNMENT's Resolution To be herein incorporated once approved by the LOCAL GOVERNMENT Council/Commission. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project""407334-5-78-01 Page 16 of 16 COcuSign Envelope ID:495695CI-EE23-4209-BC19-175751C00716 RESOLUTION AUTHORIZINGA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA RIVEREXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA CITY OF FLORIDAAVENTURA AND THE TRANSPORTATION; E NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS RESOLUTION;OF THIS COMMISSIONNOW THEREFORE, BE IT RESOLVED BY THE CITY CITY OF AVENTURA, FLORIDA, Section 1. The CityManager is herebyauthorized to execute the attached Contract I by and between the Cityof Aventura and the FloridaDepartment of Transportation to provide landscape int n nce services on the Florida f Transportation right-of-way on Biscayne Boulevardfrom he Oleta River Bridge north to the Miami-Dade/BrowardCounty line. Section ® The i n er is hereby uoriz to do all things necessary o carry out the aims of this Resolution. Section 3. This e of ion shall become -effective immediately upon its adoption. The foregoingresolution was offeredo iion r Dr. Marks, who moved its adoption. The motion was secondedo i ioner Landman, n upon being put to vote, the vote follows, Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner oe filly Yes Commissioner o r in r Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes ljowSign Envy ID:495695C1-EF2 209-BC19-175751 C00718 i PASSED AND ADOPTED 1 4 ENID WEISMAN, MAYOR lem. -0 95r"ev, ELLISA L. APPROVED AS TO LEGAL SUFFICIENCY' CffY CLERK Page 2 of 2 DocuSign Env ID:495695C1 F2 209- C1 9-175751 C00718 To:AnabsIAIIferIs@dot.statefl.us FUNDS APPROVAL FLORIDA DEPARTMENT OF TRANSPORTATION 111202 CONTRACTINFORMATION C" "l€ yS� A057 AK m PROJ PARTICIPATION(PROJ PART") � � {s5 � �� O®GOVER ENTAL AGENCY(287.057,F. .) qz CITY OF AVEh!TURA F65 6269 01 s fl' 07/19/2020 07/10/2021 c m 12,676. 00 Landscape Maintenance Agreement FUNDS APPROVAL INFORMATION FUNDS / 1 a NAITOVE,CPA,COMPTROLLER1112 20 Original APPROVED 1?sta fZC�'r r55064020610 ��flas Al >s� .07 f 242059 3s 40733457801 s� r/ 2020 55150200 088712120 0001 rf 00 j 0001104 TotalAmount: $12,676.00 DocuSign Envelope ID:495695C1-EF23-4209-BC19-175751CO0718 Exhibit "A" Scope of Services Maintenance Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and landscape are within the DEPA RTMENT's right of way on the State Roads below in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. IIII I Biscayne Just South of Ole ta River Miami-Dade/B row ard 5 Boulevard/US-1 B ride.. . _ _1- ..- ---Coun Line For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Litter Pickup - eighteen (18) times per year • Mowing, including edging and sweeping - eighteen(18)times per year • Landscape Maintenance/Tree Trimming - eighteen (18)times per year The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of the work activities described above. The LOCAL GOVERNMENT's maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials,which include trees,shrubs and ground covers,and parts thereof, including all material from private property encroaching into the DEPARTMENT'S right-of-way C. Maintaining existing decorative bricks,mulch and other aesthetic features currently found within these corridors. d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to Turf and Landscape maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 11 of 16 4 DocuSign Envelope ID:49569SCI-EF23-4209-BC19-175761C00718 maintain the current landscape and turf in a healthy and vigorous growing condition. e. Paying for all water use and all costs associated therewith. f Pruning such parts thereof which may present a visual or other safety hazard for to using or intending to use the right-of-way. 9. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. i® Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by(a)to(h). j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traff is lane in the DEPA RTMEDT's right-of- way. Lane closure requests shall be submitted through the District Six Lane Closure Information System,to the DEPA RTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. FDOT Financial Project Number: 407334-5-78-01 County: Miami-Dade FDOT Project Manager: Ivanohe Hernandez, P.E. -(305) 640-7165 or ivanohe.hemandi.Pz(a',dot.state.fl.us LOCAL GOVERNMENT Project Manager: Ronald J.Wasson, City Manager-(305)466-8910 or rwasson6i),c,i ofay ura.com Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-5-78-01 Page 12 of 16 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Antonio F. Tomei, Capital Projects Manager THRU: Joseph S. Kroll, Director, Public Works & Trans portation`l DATE: February 25, 2022 SUBJECT: Updated City of Aventura Title VI Program March 1, 2022 City Commission Meeting Agenda Item 51) RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to update the City of Aventura Title VI Program in accordance with Title VI of the Civil Rights Act of 1964. BACKGROUND The Miami Dade County Department of Transportation and Public Works (DTPW), Office of Civil Rights and Labor Relations (OCR/LR), is requiring an update of the Title VI/Non- Discrimination Policy and Plan, MDC Form FTA C 4702.113 and City Resolution confirming compliance with the updated City of Aventura Title VI Program. If you have any questions or need any additional information, please feel free to contact me. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CITY OF AVENTURA TITLE VI PROGRAM UPDATE IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND AS REQUIRED BY THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS, OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS; 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 of Aventura is a sub-recipient of the American Recovery and Reinvestment Act ("ARRA") Stimulus Grant through the Miami-Dade County Department of Transportation and Public Works ("DTPW") and is required to maintain a Title VI/Non- Discrimination Policy and Plan in accordance with the Civil Rights Act of 1964; and WHEREAS, the Title VI/Non-Discrimination Policy and Plan for the City of Aventura, which complies with the federal requirements, helps to not only manage complaints efficiently by having set procedures, information, and points of contact, but also to proactively discourage discrimination on the basis of race, color or national origin; and WHEREAS, the DTPW 2019 Title VI Program Update (FTA C4702.1 B) requires the Title VI/Non-Discrimination Policy and Plan to be approved by the governing body by way of resolution; and WHEREAS, the Title VI/Non-Discrimination Policy and Plan must be updated every three years; and WHEREAS, the City Commission, upon recommendation of the City Manager, wishes to approve said Title VI Program. City of Aventura Resolution No. 2022- WHEREAS, the City of Aventura hereby finds the updated Title VI/Non Discrimination Policy and Plan, attached hereto and made a part of this Resolution is in the best interest of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura hereby approves and adopts the updated City of Aventura Title VI/Non-Discrimination Policy and Plan, attached hereto as Attachment 1. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of the Resolution. Section 3. The City Manager is hereby directed to transmit a copy of this Resolution to the Miami-Dade County Department of Transportation and Public Works. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 1st day of March, 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 Title VI/Non-Discrimination Policy and Plan TITLE VI NOTICE TO THE PUBLIC The City of Aventura (COA or the City) gives public notice that it complies with Title VI of the Civil Rights Act of 1964 and all related statutes. Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." COA operates its programs and services without regard to race, color, and national origin in accordance with Title VI. For more information on COA's Title VI Program, obligations, procedures and/or to file a complaint, please contact or mail a complaint form to: Antonio Tomei Title VI Coordinator 19200 W. Country Club Drive Aventura, FL 33180 A complainant may also file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor — TCR, 1200 New Jersey Ave., SE, Washington, DC 20590 TITLE VI COMPLAINT INSTRUCTIONS AND PROCEDURE Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by COA may file a Title VI complaint by completing and submitting COA's Title VI Complaint Form. COA investigates completed complaint forms that are filed no later than 180 calendar days following the date of the incident in question. How to file a complaint: A complaint can be filed in writing and mailed to the following address: Antonio Tomei Title VI Coordinator 19200 W. Country Club Drive Aventura, FL 33180 The preferred method is to file a complaint in writing, by completing COA's Title VI Complaint Form. If you do not use COA's Title VI Complaint Form, your written complaint must be signed and at a minimum contain the following: Page 1 of 4 1. Contact information including name, mailing address, telephone number(s) and e-mail address, etc.); 2. A description of how, when, where and why you believe you were discriminated against including location, names and contact information of any witnesses; and 3. Other information that you deem significant or important. Title VI Procedure 1. When a complaint is received by COA, the City will review it to determine if our office has jurisdiction. The complainant will receive a written acknowledgement within ten (10) days informing him/her whether the complaint will be investigated by our office. If the decision is not to investigate as a Title VI complaint, the notification shall state the reason(s) for the decision. 2. If a complaint is incomplete, additional information may be requested, and the complainant will be provided thirty (30) business days to submit the required information. If the information is not received within the time requested, the case can be administratively closed by COA. A case can also be administratively closed if the complainant no longer wishes to pursue their case. 3. The COA will make every effort to complete the investigation within sixty (60) days of receiving the complaint. Once the investigation is completed, a letter stating the findings of the investigation will be sent to the complainant. 4. The complainant shall be notified of his/her right to appeal the decision. A person may also file a complaint directly with the Federal Transit Administration at FTA Office of Civil Rights, 1200 New Jersey Ave., SE, Washington, DC 20590. COA Title VI Complaint Form - select to download a PDF copy of this form PUBLIC PARTICIPATION ELEMENT COA's Public Participation Plan is being prepared to ensure that no one is precluded from participation in connection with the City's maintenance and development process. The plan ensures that: • Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; • The public's contribution can influence the City's decision making concerning the bus shelters; Page 2 of 4 • The concerns of all participants involved will be considered in the decision- making process; and • The City will facilitate the involvement of those potentially affected. COA's Public Participation Plan is intended to encourage and guide public involvement efforts and enhance access to the City's transportation-related decision-making process by minority and Limited English Proficient populations. COA informs residents of any proposed changes to the bus shelters through the process of a public commission or workshop meeting advertised on the City's website and posted in the lobby of its Government Center 2 to 3 days prior to the meeting. The City and its records are available to the public. The City's Title VI Complaint Procedure is available to the public 24 hours/7days a week via our website www.citvofaventura.com. MINORITY REPRESENTATION ON COMMITTEES AND COUNCIL The City of Aventura does not have any transit-related committees. If any such committee is established in the future, this Plan will be amended to depict minority representation on such committee, and to describe the efforts made to encourage participation of minorities on such committee. PROVIDING MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICIENT PERSONS Limited English Proficient (LEP) LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all. In order to ensure meaningful access to its services and programs, COA uses the information obtained in a Four Factor Analysis to determine the specific language services that are appropriate. This analysis helps COA to determine if it communicates effectively with LEP persons and informs language access planning. The Four Factor Analysis is an individualized assessment that considers: 1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the bus shelters; Page 3 of 4 2. The frequency with which LEP persons come into contact with the bus shelters; 3. The nature and importance of the bus shelters to people's lives; and 4. The resources available to COA for LEP outreach, as well as the cost associated with that outreach. The first step in the analysis is understanding the proportion of LEP persons who may encounter the bus shelters, their literacy skills in English and their native language, the location of their community and neighborhoods and, more importantly, if any are underserved as a result of a language barrier. To do this, the City attempted to evaluate the level of English literacy and to what degree people in its service area speak a language other than English and what those languages are. Data for this review is derived from the United States Census Bureau "Quick Facts" web page data from 2012. ❖ City of Aventura Overview The bus shelters and bus stop upgrade are located on East Country Club Drive, West Country Club Drive and on the northeast corner of Biscayne Boulevard and NE 213th Street in Aventura. Aventura is home to a Hispanic population of 35.8%. Of the total population (36,981), 55% of COA residents reported speaking English less than very well. The census data does not provide information concerning COA residents who may speak a language other than English or Spanish. Given that COA does not provide public transportation services in connection with its receipt of FTA funding, which funding was utilized to construct two bus shelters, with respect to the second and third factors, it is difficult to ascertain the frequency with which LEP persons come into contact with the bus shelters or the nature and importance of the bus shelters to people's lives. Based upon the Census Bureau data, because COA has a considerable LEP population that presumable speaks Spanish, documents may be translated into Spanish, as needed. Page 4 of 4 Department of Transportation and Public Works(DTPW) OFFICE OF CIVIL RIGHTS MUNICIPALITY INFORMATION SHEET - - TITLE VI PROGRAM (FTA C 4702.113) I� YEARLY UPDATE Municipality Name City of Aventura 1/20/2022 Address 19200 W.Country Club Drive Contact Person&Title Antonio F.Tomei,Capital Projects Manager Contact Numbers 305-466-8923 e-mail address tome it _cityofaventura.com Fax Legal Status of Organization Corpration TITLE VI DEFINITION-Title Vl of the Civil Rights Act of 1964 as amended states"No person in the United States shall,on the grounds of race, color or national origin,be excluded from,participation in,or be denied the benefits of,or be subjected to discrimination under any program,or activity receiving Federal financial assistance." ENVIRONMENTAL JUSTICE DEFINITION-When municipalities plan or program activities that could potentially have a disproportionately high or adverse impact on human health or the environment,recipients should include explicit consideration of the effects on minority populations and low income populations. REQUIREMENTS(FTA 4702.113) YES NO NOTES Title VI statement clearly posted within dwelling or on company website indicating organization's YES commitment to providing non-discriminatory services and how to file a Title VI discrimination complaint. The Title VI Notice is posted in the City Government Center lobby and on its website. Tracking system in place to monitor Title VI complaints,as well as a system in place to monitor YES active Title VI investigations. Does municipality collect demographic data? YES Census Bureau Has municipality conferred with DTPW prior to completing a four factor analysis? If answer is NO,what other ways does the municipality NO provide meaningful access to the population they serve(provide answer in NOTES section). Does municipality monitor(every 3 years)the level and quality of service within predominantly minority areas YES to ensure equitable treatment. REQUIREMENTS YES NO NOTES Does municipality have transit related,non-elected planning boards,advisory councils or committees,or similar bodies selected by municipality? IF YES,please attach a copy of a table depicting the racial breakdown of the membership of the committee NO and a description of efforts made to encourage participation of minorities on committees or councils. If NO,submit a statement indicating there is NO SUCH TRANSIT-RELATED,NON-ELECTED PLANNING BOARDS,ADVISORY COUNCILS OR COMMITTEES. No such transit related,non elected planning boards, advisory boards or committees. Does municipality plan to raise fares within the next 3 NO years? Does municipality confer with MDT prior to siting or location of facility (vehicle storage facilty, maintenance facility or operations center)which requires land acquisition and/or the displacement of NO The City contracts out its shuttle service. persons from their residences and businesses for which a NEPA process has not been completed? A 'facility'does not include bus shelters,transit stations or power substations. Does municipality confer with DTPW prior to submitting their Public Participation plan? IF YES, NO does plan include an outreach plan to engage traditionally underserved persons? Does municipality confer with DTPW prior to making NO service adjustments to current system operations? Does municipality confer with DTPW prior to making a decision to prepare an Environmental Assessment NO (EA)and an Environmental Impact Statement(EIS) when considering new projects? Does municipality confer with DTPW prior to determining whether to notice or involve the public YES when considering proposed Title VI related programs/projects? When considering Title VI related programs/projects, does municipality confer with DTPW to ensure all YES requirements from(FTA C 4702.113)are adhered to prior to completion? ADDITIONAL INFORMATION PLEASE ATTACH A COPY OF ALL INFORMATION REQUESTED AND SUBMIT IT ALONG WITH THE CHECKLIST. Please Note that the Municipality is Responsible for IMMEDIATELY notifying DTPW of any changes regarding plans for Service,Fares,Enviornmental Assessments,Sitings/Locations,Title VI Related Programs and Projects prior to rendering a decision. CITY OF AVENTURA Title VI Non-Discrimination Program Complaint of Discrimination Complainant (s) Name: Complainant (s) Address: Nombre(s)de(los)Reclamante(s): Direcci6n(es)de(los)Reclamante(s): Complainant (s) Phone Number: Numero(s)de telefono de(los) Reclamante(s): Complainant's Representative's Name, Address, Phone Number and Relationship (e.g.friend, attorney, parent, ect); Nombre del representante del Reclamante, direcci6n, telefono y relaci6n(por ejemplo amigo, abogado,padre, etc.): Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You: Nombre y direcci6n de la agencia, instituci6n o departamento que usted alega discrimin6 en su contra: Names of the Individual (s) Whom You Allege Discriminated Against You )If Known): Nombre(s)de(los)individuo(s)que usted alega discriminaron en su contra(si to sabe): I believe the discrimination I ❑ Race Raza Date of Alleged Discrimination: experienced was based on Fecha de la supuesta discriminaci6n: (check all that apply): ❑ Color Color Creo que la discriminaci6n que yo experimente fue basada en ❑ National Origin (marque todos los que apliquen): Origen Nacional Mail to: Envie por correo a:City of Aventura:Antonio F.Tomei,19200 W.Country Club Dr.,Aventura, FL 33180 This form may also be faxed to:Este formularo tambien se puede enviar por fax a:305-466-3277 City of Aventura has 180 days from receipt of form to complete investigation and issue findings. City of Homestead Trolley tiene 180 dias desde que recive la forma para completar la investigaci6n y comunicar los resulatdos. Page 1 of 2 CITY OF AVENTURA Title VI Non-Discrimination Program Complaint of Discrimination Please list the name(s) and phone number(s) of any person, if known, that Aventura Shuttle Service could contact for additional information to support or clarify your allegation(s). Por favor enumere el(los) nombre(s) y telefono(s) de cualquier persona, si sabe, que Transporte de Miami-Dade podria contactar para obtener informacion adicional para respaldar o aclarar to que usted alega. Please explain as clearly as possible how, why, when and where you believe you were discriminated against. Include as much background information as possible about the alleged acts of discrimination. Additional pages may be attached if needed. Por favor explique to mas claramente posible c6mo, por que, cuando y d6nde tree usted que discriminaron en su contra. Incluya la mayor cantidad de information de segundo plano posible acerca de los supuestos actos de discriminaci6n. Puede agregar paginas adicionales si es necesario. Complainant(s) or Complainant(s) Representatives Signature: Date of Signature: Firma de(los) Reclamante(s)o de los representantes de(los)Reclamante(s): Fecha de la firma: Page 2 of 2 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: February 25, 2022 SUBJECT: RESOLUTION CALLING FOR A SPECIAL ELECTION ON AUGUST 23, 2022 March 1, 2022 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission approve a resolution calling for a special election to fill the vacancy created by the death of Commissioner Jonathan Evans and also to set the qualifying period for the special election. BACKGROUND Due to the death of City Commissioner Jonathan Evans, a vacancy has been created on the City Commission for Commissioner Seat 3. The City Charter dictates that when more than six months remains in the unexpired term, it is necessary to hold a special election. Such an election shall occur not sooner than forty-five days or more than ninety days following the occurrence of the vacancy, but the special election can be extended beyond such ninety days for an additional sixty days if there is a City, County, State or national election, in which case the vacancy shall be filled by special election on the first such election date. Miami-Dade County will hold a Primary Election on August 23, 2022. By agreeing to schedule the City's special election on this date, the City will be operating in accordance with the Charter and will save significant costs by not holding a standalone special election. Miami-Dade County Supervisor of Elections Christina White has approved the City's request to hold the special election on August 23, 2022, should the City Commission decide to do so. In addition to calling for the special election, the Resolution also sets forth the qualifying period, which must commence on the first Monday after the adoption of this Resolution for five consecutive days from 8.30 a.m. until 4.30 p.m. Consequently, the specific qualifying period for the special election will start at 8.30 a.m. on Monday, March 7, 2022 and will terminate on Friday, March 11, 2022 at 4.30 p.m. FISCAL IMPACT The fiscal impact to the City by holding its special election in conjunction with the August 23rd County-wide primary election is minimal. If the City were to hold a standalone special election, assuming such option were available, the cost of said election would be significantly greater, and would likely generate a lower turnout than the August 23rd election. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON AUGUST 23, 2022, IN CONJUNCTION WITH THE MIAMI- DADE COUNTY PRIMARY ELECTION, TO FILL A VACANCY ON THE CITY COMMISSION FOR SEAT 3 IN ACCORDANCE WITH CITY CODE OF ORDINANCES CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF SAID ELECTION; ESTABLISHING A QUALIFYING PERIOD TO FILE FOR CITY COMMISSION SEAT 3; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the death of City Commissioner Jonathan Evans, a vacancy has been created on the City Commission for Commissioner Seat 3; and WHEREAS, pursuant to City Charter Section 2.05(c)(ii), it is necessary to hold a special election not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, but the special election can be extended beyond such ninety (90) days for an additional sixty (60) days if there is a City, County, State or national election, in which case the vacancy shall be filled by special election on the first such election date; and WHEREAS, Miami-Dade County will hold a Primary Election on August 23, 2022; and WHEREAS, in coordination with the Miami-Dade County Supervisor of Elections, the City Commission wishes to set August 23, 2022 for the special election, to be held in conjunction with the County-wide election; and WHEREAS, the City Commission wishes to provide for a qualifying period for any eligible person wishing to fill the vacancy as required by Section 26-31(2)of the City Code. 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. Special Election Called. That a special election is hereby called for August 23, 2022 for the purpose of electing a person to the City Commission to fill the vacancy created by the death of Jonathan Evans, and to serve the unexpired portion of the term of Commissioner Evans for Commissioner Seat 3. City of Aventura Resolution No. 2022- Section 3. Qualifying. That it shall be the duty of any person desiring to become a candidate to fill this Commission seat vacancy to file a written notice of candidacy and other filings mandated by law with the City Clerk during the qualifying period (the "Qualifying Period") commencing at 8.30 a.m. on Monday, March 7, 2022 and expiring at 4.30 p.m. on Friday, March 11, 2022, accompanied by the qualifying fee(s) required by law. The place of qualification shall be the Office of the City Clerk by appointment. Only electors of the City who meet the definition of qualified persons under Sections 2.03(b), 2.04, 2.05(c)(iv) and 2.05(c)(v) shall be eligible to hold office of Commissioner, as provided by the City Charter. Section 4. Election Procedures. That the special election shall be held and conducted as part of the Miami-Dade County Primary Election scheduled for the same date in the manner prescribed by law for holding elections. Places of voting in such special election shall be the designated places of voting within the City for general elections, unless otherwise provided by the City Commission or the Miami-Dade County Supervisor of Elections. The polls shall be open at such voting places on the date of such special election from 7.00 a.m. to 7.00 p.m. on said day. All qualified electors residing within the City shall be entitled, qualified and permitted to vote at such special election. Section 5. City Clerk. That the City Clerk, acting as the local supervisor of elections, is hereby authorized and directed to file and cause to be published notice of the qualifying period and the election at least one time between the passage of this Resolution and the commencement of the qualifying period. The City Clerk is further authorized and directed to make appropriate arrangements with the Miami-Dade County Supervisor of Elections to carry out the responsibilities necessary for the conduct of the special election. Section 6. Effective Date. That this Resolution shall become effective immediately upon adoption. Page 2 of 3 City of Aventura Resolution No. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 1st day of March, 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 COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Kimberly Merchant, Community Services Director A4 DATE: February 25, 2022 SUBJECT: Resolution Approving Proposal from Graybar to Install Additional Lighting at Founders Park March 1, 2022 City Commission Agenda Meeting Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an agreement, based upon the attached Proposal 0239941996, for Graybar to proceed with the lighting improvements at Founders Park. BACKGROUND The City Commission authorized this project under City of Aventura Resolution 2022-15 dealing with the American Rescue Plan expenditures. The fees charged for this proposal were based upon a Competitive Bid Process conducted through the U.S. Government Purchasing Alliance, EV2370 — Electrical, Lighting, Data Communications and Security Productions and Related Productions, Services, and Solutions. The amount of the Graybar proposal is $681,818.18, with the total estimated project cost to not exceed $800,000.00. Attachments CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GRAYBAR TO PROVIDE AND INSTALL ADDITIONAL LIGHTING AT FOUNDERS PARK AS SET FORTH IN GRAYBAR PROPOSAL 0239941996 IN THE AMOUNT OF $681,818.18; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an agreement based upon the attached Proposal (the "Proposal") in substantially the form attached hereto, between the City of Aventura and Graybar to provide additional lighting at Founders Park as approved in concept by City of Aventura Resolution 2022-15, and as outlined in Graybar Proposal 0239941996 in the amount of$681,818.18, which is based upon Competitive Bid EV2370 executed by the U.S. Communities Government Purchasing Alliance, with the total estimated project cost to not exceed $800,000.00. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 1st day of March, 2022. City of Aventura Resolution No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 Gr%4)aR,. 110 CENTURY PARK DR TALLAHASSEE FL 32304-2844 Phone:239-280-1102 Fax: 239-643-3137 To: CITY OF AVENTURA Date: 02/16/2022 19200 W. COUNTRY CLUB DRIVE Proj Name: FOUNDERS PARK SPORTS AVENTURA FL 33180-2403 GB Quote M 0239941996 Attn: Kimberly Merchant Release Nbr: Phone: 305-466-8970 Purchase Order Nbr: Fax: 305-466-3277 Additional Ref# Email: amon.guerrero@graybar.com Valid From: 02/09/2022 Valid To: 03/11/2022 Contact: Si Pratt Email: si.pratt@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: Quotation Price# Materials Delivered to Job Site and Turnkey Installation Item Item/Type Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 1 EA MUSCO NOF MUSCO BASEBALL $681,818.18 1 $681,818.18 SPORTS SPORTS SOCCER LIGHTING MULTIPURPOSE LIGHTING """Item Note:""" Sales tax,permit fees,and bonding are not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light-Structure System#with Total Light Control#TLC for LED#technology Guaranteed Lighting Performance Guaranteed light levels and uniformity BallTracker®technology#targeted light,optimizing visibility of the ball in play with no glare in the players typical line-of-sight System Description Pre-cast concrete bases with integrated lightning grounding Galvanized steel poles Factory wired and tested remote electrical component enclosures Pole length,factory assembled wire harnesses Factory wired poletop luminaire assemblies Factory aimed and assembled luminaires,including BallTracker®luminaires UL Listed assemblies Environmental Light Control Spill light minimized Off-site glare light minimized Control Systems and Services •Control-Link®control and monitoring system to provide remote on/off and dimming(high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services •Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years •Support from Musco#s Lighting Services Team#over 170 Team members dedicated to operating and This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.om n iapartners.com/h u bfs/PUBLIC°/`20SECTOR/Supplier°/u201 nformation/G rayba r/EV2370_G raybar_MAD_2017_12_20.pdf Page 1 of 5 To: CITY OF AVENTURA Date: 02/16/2022 19200 W. COUNTRY CLUB DRIVE Proj Name: FOUNDERS PARK SPORTS AVENTURA FL 33180-2403 GB Quote M 0239941996 Attn: Kimberly Merchant Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows maintaining your lighting system#plus a network of 1800+contractors Installation Services Provided Customer Responsibilities: 1.Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities.(i.e.water lines,electrical lines,irrigation systems,and sprinkler heads).Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3.Any sod restoration and/or replacement. 4. Locate and mark field reference points per Musco supplied layout.(i.e.home plate,center of FIB field) 5. Pay for extra costs associated with foundation excavation in non-standard soils(rock,caliche,high water table, collapsing holes,etc.)or soils not defined in geo-technical report.Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 6. Pay any power company fees and requirements. 7. Pay all permitting fees. 8. Provide area on site for disposal of spoils from foundation excavation. 9. Provide area on site for dumpsters. Musco Responsibilities: 1. Provide required foundations,poles,electrical enclosures,luminaires,wire harnesses,and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2018 IBC Table 1806.2. 5.Assist our installing subcontractor and ensure our responsibilities are satisfied. Musco Subcontractor Responsibilities General: 1.Obtain any required permitting. 2.Contact your local udig for locating underground public utilities and then confirm they have been clearly marked. 3.Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.Notify owner and repair damage to marked utilities.Notify owner and Musco regarding damage which occurred to unmarked utilities. 4. Provide labor,equipment,and materials to off load equipment at jobsite per scheduled delivery. 5. Provide storage containers for material,(including electrical components enclosures),as needed. 6. Provide necessary waste disposal and daily cleanup. 7. Provide adequate security to protect Musco delivered products from theft,vandalism or damage during the installation. 8. Keep all heavy equipment off playing fields when possible.Repair damage to grounds which exceeds that which would be expected.Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage.Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 9. Provide startup and aiming as required to provide complete and operating sports lighting system. 10.Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. Foundations,Poles,and Luminaires: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.om n iapartners.com/h u bfs/PUBLIC°/`20SECTOR/Supplier°/u201 nformation/G rayba r/EV2370_G raybar_MAD_2017_12_20.pdf Page 2 of 5 To: CITY OF AVENTURA Date: 02/16/2022 19200 W. COUNTRY CLUB DRIVE Proj Name: FOUNDERS PARK SPORTS AVENTURA FL 33180-2403 GB Quote M 0239941996 Attn: Kimberly Merchant Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows 1.Mark and confirm pole locations per the aiming diagram provided.If there are any issues,immediately notify your Musco Project Manager. 2. Provide labor,materials,and equipment to install(9)LSS foundations as specified on Layout and per the stamped foundation drawings,if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor,materials,and equipment to assemble Musco TLC-LED luminaires,electrical component enclosures, poles,and pole harnesses. 5. Provide labor,equipment,and materials to erect(9)dressed LSS Poles and aim utilizing the pole alignment beam. Electrical: 1. Provide labor,materials,and equipment to reuse existing electrical service panels as required. 2. Provide labor,materials,and equipment to install all underground conduit,wiring,pull boxes etc.and terminate wiring as required. 3. Provide as-built drawings on completion of installation,(if required). Control System: 1. Provide labor,equipment,and materials to install(1)Musco control and monitoring cabinet and terminate all necessary wiring. 2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3.Check all zones to make sure they work in both auto and manual mode. 4.Commission Control-Link®by contacting Control-Link Central#at 877-347-3319. Payment Terms Net 30 days for materials and progressive payments for labor. Delivery Timing 8-12 weeks for delivery of materials to the job site from the time of order,submittal approval,and confirmation of order details including voltage,phase,and pole locations. Due to the built-in custom light control per luminaire,pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: Shipment of entire project together to one location. 480 Volt,3 Phase electrical system requirement. Structural code and wind speed=2020 FBC, 175 mi/h, Exposure High Velocity Hurricane Zone,Importance Factor II. Owner is responsible for getting electrical power to the site,coordination with the utility,and any power company fees. •Standard soil conditions#rock,bottomless,wet or unsuitable soil may require additional engineering,special installation methods and additional cost. •Confirmation of pole locations prior to production. This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.om n iapartners.com/h u bfs/PUBLIC°/`20SECTOR/Supplier°/u201 nformation/G rayba r/EV2370_G raybar_MAD_2017_12_20.pdf Page 3 of 5 To: CITY OF AVENTURA Date: 02/16/2022 19200 W. COUNTRY CLUB DRIVE Proj Name: FOUNDERS PARK SPORTS AVENTURA FL 33180-2403 GB Quote M 0239941996 Attn: Kimberly Merchant Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Total in USD (Tax not included): $681,818.18 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.om n iapartners.com/h u bfs/PUBLIC°/`20SECTOR/Supplier°/u201 nformation/G rayba r/EV2370_G raybar_MAD_2017_12_20.pdf Page 4 of 5 To: CITY OF AVENTURA Date: 02/16/2022 19200 W. COUNTRY CLUB DRIVE Proj Name: FOUNDERS PARK SPORTS AVENTURA FL 33180-2403 GB Quote M 0239941996 Attn: Kimberly Merchant Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Signed: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. 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Q 3 Q y m E abc CD m oR fy6 w w E E«� N c - Ea d E_1. _ dxc6 A Ea "c ra _- CD -� o v3� e v o- N 3 '" zao a c qoa NL� ,F 0 .3 �s O 0 w G w _ c- z r+— c rr � rn'• sr rr e—T —. — —' O ~: n N � N O of 0 W + (D N 7 N 01 O n i n n +n 1 0 n +o �� 0 a - �o �p N Q i U w� a _ _ N =w �88�gg�8�N88�gg�8g8S N .; v f. Ir[. W Z Vf o ® Z milli Milli ° milliJ Mill LLJ i MIN Milli D Milli : W 00 R L A r I CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: February 25, 2022 SUBJECT: Request for Conditional Use Approval for a Project Proposed at 2750 NE 199 Street ("Two Turnberry" -- CUP2108-0001) March 1, City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission approve the subject Conditional Use request for land located at 2750 NE 199 Street to facilitate the development of an office and retail building known as Two Turnberry. THE REQUEST The applicant, Bercow, Radell, Fernandez, Larkin & Tapanes, on behalf of Mall Parcels A & C / SR-1 Trust, LLC, is requesting Conditional Use Approval pursuant to Section 31- 144(C)(2) of the City's Land Development Regulations (LDRS) to permit a height of 200 feet and 14 stories, where the LDRS permit a maximum height of 120 feet and 12 stories, and Granting Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit a floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1.83 for the development of an office and retail building to be constructed pursuant to the City's Green Building Program. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Mall Parcels A&C / SR-1 Trust, LLC NAME OF APPLICANT Michael J. Marrero, Esq. Bercow, Radell, Fernandez, Larkin & Tapanes ADDRESS OF PROPERTY 2750 NE 199 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 3.37 acres LEGAL DESCRIPTION A portion of Tract "Q" of "Aventura Sixth Addition" as recorded in Plat Book 120, at page 20 of the Public Records of Dade County, Florida Zoning - Subject Property: B2, Community Business District Properties to the North: B2, Community Business District Properties to the South: B2, Community Business District Properties to the East: B2, Community Business District Properties to the West: Mixed Use, Miami-Dade County Existing Land Use - Subject property: Existing Bank and Surface Parking Lot Properties to the North: Retail Plaza Properties to the South: Bank and Surface Parking Properties to the East: Regional Mall Properties to the West: Mixed Use Residential & Commercial Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Mixed Use, Miami-Dade County The Site-The subject site is a 3.37-acre parcel with an existing bank and surface parking lot. The Project — The applicant has applied for administrative site plan review approval for the construction of a 14-story mixed use development that will include retail uses, food and beverage establishments, a bank, and office space. The project includes space for Brightline activities (details yet to be determined) and an access point to a planned pedestrian bridge over Biscayne Blvd. to the "Aventura" Station, which is currently under construction. The applicant has requested conditional use approval pursuant to Section 31-144(C)(2) of the LDRS to permit a height of 200 feet and 14 stories, where the LDRS permit a maximum height of 120 feet and 12 stories, and Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit a floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1.83. Site plan review is currently underway by City staff. Other than the conditional uses requested, the site plan will adhere to all other site development criteria of the B2, Community Business District and applicable provisions of the City's LDRS. Final approval of the site plan is subject to approval of this application for conditional uses. 2 ANALYSIS Consistency with Comprehensive Master Plan — The development proposal is consistent with the City of Aventura's Comprehensive Plan. The future land use designation for the parcel is Business and Office. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received no written citizen comments to date. Community Development Department Analysis — The Property is located in Community Business (B2) zoning district. The retail/office are permitted uses in the B2 zone. Criteria The following is staff's evaluation of the proposed use, pursuant to 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 Business and Office. This future land use category accommodates that full range of sales and service activities, including the proposed uses. 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. The green building design elements will enhance the public health, safety and 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 and commercial, uses. The proposed development 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 LDRS. 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. 3 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. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The 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 green building design elements will minimize adverse effects on the environment. PROPOSED CONDITIONS OF APPROVAL FOR TWO TURNBERRY 1. Drawings as provided to the Community Development Department on January 5, 2022 unless otherwise subsequently amended by ASPA (Administrative Site Plan Approval). The plans will be reviewed under ASPA regulations, the B2 zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Contribution toward the expansion of the City's on-demand transit circulator service (or similar City sponsored transportation service) in the amount of$72,000 per year for five (5) years with the first payment due before the issuance of the first permit for the project or by September 30, 2022, whichever is earlier, with each of the following annual payments due on the anniversary date of the first payment. 4. The applicant shall design, permit, and construct lighting improvements within the main portion of the bus depot in the ground floor of the Nordstrom parking garage, including the introduction of visual graphics, which may include mall and mall tenant advertising. 4 5. The applicant shall design, permit, and construct a pedestrian ramp and crosswalk as follows: the ramp will connect the sidewalk on the north side of Madison Road, at a point approximately 25 feet east of the south facing vehicular entrance to the Nordstrom Garage (at the corner of Abigail Rd. and Madison Rd.) to a new crosswalk across Madison Road, leading directly to the existing sidewalk in front of Nordstrom's. (It is evident that this path has been carved out of the landscaping by pedestrians making this crossing) 6. The Applicant shall, in coordination with City Staff, identify any improvements needed to create uninterrupted ADA compliant pedestrian paths from Two Turnberry to properties within the circle formed by Abigail Rd. Applicant shall design, permit and construct any pedestrian improvements needed to complete such a path to adjacent properties. 5 EXHIBIT 1 ,-. CUP2108-0001 RADEeE�lcow FERNANDEZ February 10, 2022 LARKIN TAPANES VIA ELECTRONIC MAIL 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Conditional Use Approval for the Property mmarrero@brzoninglaw.com located at 2750 NE 199 Street, Aventura, Florida Dear Mr. Klopp: Our law firm represents Turnberry Associates ("the Applicant"), the owner of the property located at 2750 NE 199 Street (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 redevelopment of the Property. Property Description. The Property is an irregularly shaped lot bounded by NE 29 Court to the east, Biscayne Boulevard to the west, NE 197 Street to the south and Aventura Boulevard to the north. The Property is approximately 146,722 square feet (3.37 acres) in size and is identified by Miami Dade County Property Appraiser Folio No. 28-2203-038-0040. See Exhibit A, Property Appraiser Summary. The Property is zoned B2 and has a land use designation of Business and Office. Currently, the Property is developed with a bank and surface parking lot. Conditional Use Request. Pursuant to the Section 31- 144(c)(2) of the City's Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit a height of 200 feet and 14 stories, where 120 feet and 12 stories are permitted by right. Additionally, the Applicant requests a Conditional Use approval to permit additional FAR (floor area ratio) of 2.00, where 1.83 is permitted by right. The latter request is Mr. Keven Klopp Page 2 supported through the City's Green Building Program, which incentivizes projects that achieve LEED status. 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 a collection of different commercial and retail uses are encouraged within the Business and Office designation. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to make the Brightline's Aventura Station a destination where many from all parts of South Florida can visit the City, enjoy the retail and food and beverage facilities on-site, walk to the neighboring Aventura mall and work in the provided office space. 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. The Proposed Development with synergize with the neighboring Aventura Mall to bring more patrons to the area to work, live, and play in the City. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. In fact, the project will help bring high speed transit rail to the area, which will improve the levels of services for traffic and mobility. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Page 3 S. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The 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. 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, r � Mickey Marrero Enclosures cc: David Butter Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com EXHIBIT 2 CUP2108-0001 BROWARD COL N[ DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -gra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS 4.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops V) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ;r Oa) �Tq r ■ cv r 4 ■ 201 R. m • —� '■ c" 0 Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ AVENTURA 0,v ■/ w ■ U ' O c`. ■ Fire r Rescue Aventura (�3 J r Station Libr Gam' �� r ;■ Subject Site �31 r e • z Q]� ■ Aventura Mall y' O YACki1 J� r `• ;■ City of Avert ura LEHMA WY LU8 rr E :■ Government Center ■ :r 192 ST. W4LLIAM • 192 ST. w191 ST. M �1C YS + ■ Loehmann's + " p Fashion ui r r Island Q --- r .■ m 188 ST. • ;a z MIAMI T 33180 rLu Kr GARDENS DR. ____ r O �..,. ; •'.'qq1 • 183 ST. Dumfoundling Al ± Bay • �;,. ;■ Atlantic ;■ 1 • Ocean r Little Z j7 Williams ; Biscayne Maulrn ?� Sound lr arbour 180 ST, Lake w N Point �cS r East fr Mani • %+ hope' g Z r ;. P S7' lU a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ ♦+ Roadways ■ i . . . . . • City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + 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 31-144(C)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT A HEIGHT OF 200 FEET AND 14 STORIES, WHERE THE LDRS PERMIT A MAXIMUM HEIGHT OF 120 FEET AND 12 STORIES, AND GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31- 144(C)(2)M OF THE LDRS TO PERMIT A FLOOR AREA RATIO OF 2.00, WHERE THE LDRS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.83, FOR THE DEVELOPMENT OF AN OFFICE AND RETAIL BUILDING TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM, LOCATED AT 2750 NE 199 STREET, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Bercow, Radell, Fernandez, Larkin & Tapanes on behalf of Mall Parcels A & C / SR-1 Trust, LLC, through Application No. CUP2108-0001, is requesting Conditional Use Approval pursuant to Section 31-144(C)(2) of the City's Land Development Regulations (LDRS) to permit a height of 200 feet and 14 stories, where the LDRS permit a maximum height of 120 feet and 12 stories, and Granting Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit a floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1.83, for the development of an office and retail building to be constructed pursuant to the City's Green Building Program; 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. Application for Conditional Use Approval pursuant to Section 31- 144(C)(2) of the City's Land Development Regulations (LDRS) to permit a height of 200 feet and 14 stories, where the LDRS permit a maximum height of 120 feet and 12 stories, City of Aventura Resolution No. 2022- and Conditional Use Approval pursuant to Section 31-144(C)(2)M of the LDRS to permit a floor area ratio of 2.00, where the LDRS permit a maximum floor area ratio of 1.83, on property legally described in Exhibit "A," is hereby granted exclusively to the Applicant, subject to the following conditions: 1. Drawings as provided to the Community Development Department on January 5, 2022 unless otherwise subsequently amended by ASPA (Administrative Site Plan Approval). The plans will be reviewed under ASPA regulations, the B2 zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Contribution toward the expansion of the City's on-demand transit circulator service (or similar City sponsored transportation service) in the amount of$72,000 per year for five (5) years with the first payment due before the issuance of the first permit for the project or by September 30, 2022, whichever is earlier, with each of the following annual payments due on the anniversary date of the first payment. 4. The applicant shall design, permit, and construct lighting improvements within the main portion of the bus depot in the ground floor of the Nordstrom parking garage, including the introduction of visual graphics, which may include mall and mall tenant advertising. 5. The applicant shall design, permit, and construct a pedestrian ramp and crosswalk as follows: the ramp will connect the sidewalk on the north side of Madison Road, at a point approximately 25 feet east of the south facing vehicular entrance to the Nordstrom Garage (at the corner of Abigail Rd. and Madison Rd.) to a new crosswalk across Madison Road, leading directly to the existing sidewalk in front of Nordstrom's. (It is evident that this path has been carved out of the landscaping by pedestrians making this crossing) 6. The Applicant shall, in coordination with City Staff, identify any improvements needed to create uninterrupted ADA compliant pedestrian paths from Two Turnberry to properties within the circle formed by Abigail Rd. Applicant shall City of Aventura Resolution No. 2022- design, permit and construct any pedestrian improvements needed to complete such a path to adjacent properties. Section 2. 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 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED AND ADOPTED this 1st day of March, 2022. 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 City of Aventura Resolution No. 2022- EXHIBIT "A" LEGAL DESCRIPTION OF LAND A PORTION OF TRACT"0"OF"AVENTURA SIXTH ADDITION"AS RECORDED IN PLAT BOOK 120,AT PAGE 20, OF THEPUBLIC RECORDS OF MJAMI-DADS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE N.W. CORNER OF SECTION 3, TOWNSHIP 52 SOUTH,RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE N87'27'29"E ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT;THENCE 502'32'31"E FOR 73.0,0 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT`Q"AND THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER,DESCRIBED,THENCE S87'27'20'W FOR 12.60 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 28016'31"FOR AN ARCDI STANCE OF 24.67 FEET, THENCE S02007'55"E FOR 227.38 FEET, THENCE S01-1W06"W FOR, 150-27 FEET, THENCE S02"07'55"E FOR 50,00 FEET,THENCE S144844"E FOR 41.00 FEET(THE LAST SIX(6) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT"Q'T THENCE N87'52'05"E FOR 148.00 FEET;THENCE N42052TETE FOR 56.57 FEET-,THENCE NO2'07155"W FOR 31,53 FEET TO A POINT OF CURVE;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72'28'4&811 FOR AN ARC DISTANCE OF 411.13 FEET TO A POINT OF TANGENCY THENCE N70'2953.8PE,FOR 122.00 FEET, THENCE N25020"53,8"E FOR 58.66 FEET; THENCE N25"53'40'W FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT"W, SAID POINTALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS S21*19'21"E FROM THE CENTER OF SAID CURVE:THENCE SOUTHWESTERLY ALONG THE ARC OF :SAID CURVE TO THE RIGHT AND ALONG THE NORTHERLY LINE OF SAID TRACT"0", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 18'46'SY'FOR AN ARC DISTANCE OF 493,44 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL 100, AS PER F.D,O.T. R1W MAP FOR SECTION 87030-2598(SHEET 3 OF5, DATED: 8-14-97); COMMENCE AT THE N.W. CORNER.OF SECTION 3,TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE N87"27'290E ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT; THENCE 502032'31"E FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT"Q'%THENCE S87027'29"W FOR 9.66 FEET(9,46F.D.O.T. R/W MAP)TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL '109% THENCE 587'27'29"W FOR 2.94 FEET(2.98 RD'O'T. R/W MAP)TO A POINT OF CURVATURE: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50-00 FEET AND A CENTRAL ANGLE OF 28016'31" FOR ANARC DISTANCE OF 24.67 FEET, THENCE 502"07'55"E FOR 227,38 FEET, THENCE S01'18'0&W FOR 150.27 FEET,THENCE SOTorwE FOR 50.00 FEET-,THENCE 514�48'44"E FOR 41.00 FEET;THENCE N87'52'05",E FOR 1.50 FEET, THENCE NO2'07'55"W FOR 72.38 FEET-, THENCE N1 1'21'50"E FOR 51.42 FEET: THENCE NO2'07'55"W FOR 68,90 FEET;THENCE N01`07'46"W FOR 272.49 FEET;THENCE N38'05'25"E FOR 12.86 FEET(I 2.974-D-0-T Rid`R/W MAP)TO THE POINT OF BEGINNING,