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07-19-2022 Regular Commission Meeting Agenda City Manager City Coinrnission Ronald J.Wasson ]Enid Weisman,Mayor Denise Landman,dice Mayor ;�p City Clerk Rachel S.Friedland,Commissioner ;; ]Ellllisa L.Horvath,MMC Billy Joel,Commissioner i Dr.Linda Marks,Commissioner City Attorney Marc Narotsky,Commissioner � � Weiss Scrota Hellman Robert Shelley,Commissioner e �� Cole&]Bierman CITY COMMISSION REGULAR MEETING AGENDA JULY 199 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 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: • June 14, 2022 City Commission Regular Meeting • June 23, 2022 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AWARDING A CONTRACT FOR BID NO.22-05-05-3,NE 34',AVENUE DRAINAGE IMPROVEMENTS, TO BASILE USA, LLC AT THE BID PRICE OF $735,728.05; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; APPROPRIATING AND ALLOCATING FUNDS FOR THE CONTRACT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING A RECONSTRUCTION AGREEMENT WITH OUTFRONT MEDIA LLC;AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE CONTRACTOR THE TERMS AND CONDITIONS ASSOCIATED WITH THE REMOVAL OF AN EXISTING SIGN AND THE CONSTRUCTION AND OPERATION OF A REPLACEMENT SIGN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda July 19, 2022 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE JOINT STIPULATION BETWEEN THE FLORIDA EAST COAST RAILWAY, THE CITY OF AVENTURA, MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR THE CLOSURE OF NE 203RD STREETAVES DAIRY ROAD FDOT FLORIDA DEPARTMENT OF TRANSPORTATION NUMBER 272596P TO CONSTRUCT A NEW GRADE SEPARATION CROSSING; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DIRECTING THE CITY MANAGER TO ESTABLISH A YOUTH COUNCIL; AUTHORIZING THE CITY MANAGER TO SUPERVISE THE ADMINISTRATION OF THE YOUTH COUNCIL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA;APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AS CO-PERMITTEE WITH ALL CO-PERMITTEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY; PROVIDING FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING AND INSPECTION SERVICES BY MIAMI-DADE COUNTY AND ALSO BETWEEN ALL CO-PERMITTEES FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL STORM SEWER SYSTEMS,AT AN ANNUAL COST NOT TO EXCEED FIFTEEN THOUSAND SEVEN HUNDRED FORTY-FIVE ($15,745) DOLLARS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR BID NO. 22-05-04-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE CITY RIGHTS OF WAY,TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES,INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID AWARD;PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP 22-06-09-3 TO AVENTURA SPORTS, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA SPORTS, LLC TO PERFORM YOUTH SPORTS MANAGEMENT SERVICES AS SET FORTH IN RFP 22-06-09-3; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $40,000 FOR PROFESSIONAL COUNSELING SERVICES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Page 2 of 5 Aventura City Commission Regular Meeting Agenda July 19, 2022 J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF A LENCO BEARCAT ARMORED VEHICLE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ORDINANCES - FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE OF ORDINANCES, SECTION 33-1 "RESIDENCY POLICY FOR USE OF PORTION OF AVENTURA FOUNDERS PARK" TO FURTHER DEFINE THE PORTION OF FOUNDERS PARK SUBJECT TO THE POLICY; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE, TO CREATE SECTION 33-3 "SMOKING PROHIBITED" TO PROHIBIT SMOKING IN CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 7 "YOUTH ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. D. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2021-05, WHICH ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2021/2022 (JULY 1 —JUNE 30) BY REVISING THE 2021/2022 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,ADOPTING THE 2021 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN Page 3 of 5 Aventura City Commission Regular Meeting Agenda July 19, 2022 BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-27 `BUY-BACK FOR MILITARY SERVICE, PRIOR LAW ENFORCEMENT OR CORRECTIONAL OFFICER SERVICE" TO PERMIT BUY-BACK OF SERVICE CREDITS FOR PRIOR MILITARY SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. 8. 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. ORDINANCES—SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIONS/PUBLIC HEARINGS: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO This Item SECTION 31-143(F) OF THE CITY CODE OF ORDINANCES,TO ALLOW: (1)A will be HEIGHT OF 26 STORIES AND 295 FEET FOR A MULTIFAMILY DEFERRED RESIDENTIAL BUILDING, WHERE THE CITY CODE PERMITS 25 STORIES to the AND 250 FEET; (2) A BUILDING IN THE RMF4 DISTRICT TO CAST A September 13, SHADOW UPON A PROPERTY LOCATED WITHIN A BUSINESS ZONING 2022 DISTRICT;(3)A DENSITY OF 56 UNITS PER ACRE,WHERE THE CITY CODE City PERMITS 45 UNITS PER ACRE; AND (4) A CERTIFIED GREEN BUILDING Commission WITH A FLOOR AREA RATIO OF 4.3,WHERE THE CITY CODE PERMITS A Meeting FLOOR AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 5 Aventura City Commission Regular Meeting Agenda July 19, 2022 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-144(C)(2)(G)OF THE CITY CODE OF ORDINANCES,TO PERMIT A BOWLING FACILITY IN ESPLANADE AVENTURA, LOCATED AT 19505 BISCAYNE BOULEVARD, TENANT SPACE 3290; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION/PUBLIC INPUT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2022/23 TO 2026/27; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 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—JULY 21,2022 AT 9 AM COMMISSION REGULAR MEETING—SEPTEMBER 13,2022 AT 6 PM COMMISSION MEETING/REGULAR WORKSHOP—SEPTEMBER 22,2022 AT 9 AM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: July 15, 2022 SUBJECT: Approval of Minutes July 19, 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 June. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • June 14, 2022 City Commission Regular Meeting • June 23, 2022 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES J U N E 14, 2022 Following 6 p.m. Local Planning Agency Meeting Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weisman at 6.21 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Dr. Linda Marks', Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Legislative Update — Representative Joseph Geller: Following the Consent Agenda, Representative Geller provided highlights from the recent legislative session in Tallahassee and responded to questions from the Commission. The City Commission thanked Representative Geller for his years of service as he prepares to leave office. • Employee Service Awards: Mr. Wasson presented Detective Christie Worthington (10 years) with a recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by student Ethan Bazak, provided brief reports on DSAHS. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. Mr. Wasson removed Item B. ' Participated via virtual communications media technology. Aventura City Commission Regular Meeting Minutes June 14, 2022 A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Shelley, seconded by Vice Mayor Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • May 12, 2022 City Commission Regular Meeting • May 17, 2022 City Commission Special Workshop • May 19, 2022 City Commission Regular Workshop B. Removed as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RECOGNIZING JUNE 19TH AS AN OBSERVED HOLIDAY IN THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2022-40 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RESCINDING RESOLUTION NO. 2020-52 AND DISCONTINUING THE ANNUAL CAR PARADE FOR CITY RESIDENTS IN CONNECTION WITH THEIR HIGH SCHOOL GRADUATIONS;AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2022-41 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, ALLOWING CITY POLICE OFFICERS TO PURCHASE CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT WITH THE CITY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM B: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RECOGNIZING JUNE 19TH AS AN OBSERVED HOLIDAY IN THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Joel. Mr. Wasson reviewed the item recognizing June 19t" as a newly observed holiday in the City of Aventura. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 2 of 6 Aventura City Commission Regular Meeting Minutes June 14, 2022 The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2022-39 was adopted. Representative Geller provided his report at this time. 6. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; 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 Narotsky and seconded by Commissioner Joel. Community Development Director Keven Klopp incorporated the staff report recommending approval, comments and documents provided at the June 14, 2022 Local Planning Agency meeting into the record by reference. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23rd Floor, Miami) was in attendance on behalf of GOT183, LLC. 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 (6-0) by roll call vote, with Vice Mayor Landman absent. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-27 "BUY-BACK FOR MILITARY SERVICE, PRIOR LAW ENFORCEMENT OR CORRECTIONAL OFFICER SERVICE" TO PERMIT BUY-BACK OF SERVICE CREDITS FOR PRIOR MILITARY SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Joel. Mr. Wasson reviewed the item. Page 3 of 6 Aventura City Commission Regular Meeting Minutes June 14, 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. 7. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Joel. Community Development Director Keven Klopp incorporated the staff report recommending approval, comments and documents provided at the June 14, 2022 Local Planning Agency meeting into the record by reference. He additionally corrected a scrivener's error changing the word High to Medium High in the title, in the Ordinance and in the staff report as applicable. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23rd Floor, Miami) was in attendance on behalf of GOT183, LLC. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. z A correction of a scrivener's error has changed this from High to Medium High. Page 4 of 6 Aventura City Commission Regular Meeting Minutes June 14, 2022 A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Vice Mayor Landman. Community Development Director Keven Klopp incorporated the staff report recommending approval, comments and documents provided at the June 14, 2022 Local Planning Agency meeting into the record by reference. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23,d Floor, Miami) was in attendance on behalf of GOT183, LLC. 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. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2022/2023 (JULY I — J[JNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Vice Mayor Landman. Mr. Wasson reviewed the item. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-07 was adopted. Mrs. Horvath read the following Ordinance title- B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): Page 5 of 6 Aventura City Commission Regular Meeting Minutes June 14, 2022 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2022/2023 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION;PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Mr. Wasson reviewed the item. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-08 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Commissioner Dr. Marks reported on the recent Aventura Strong Health Walk event held by the Youth Advisory Board. 11. PUBLIC COMMENTS: Mr. Meyers provided information on the process for public comments. The following members of the public provided comments: Alicia Bonvicini (3029 NE 188t" Street #706, Aventura), Harriette Brotman (21050 NE 38t" Avenue, Aventura), Edna Schenkel (21205 Yacht Club Drive, Aventura), Sandy Rockwerk (20940 NE 37t" Avenue, Aventura), Larisa Dudnik (3300 NE 191st Street #1814, Aventura), and Xiu Wang (3115 NE 184t" Street #4301, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7:27 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 19, 2022. Page 6 of 6 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES J U N E 23, 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 9.05 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Dr. Linda Marks', Commissioner Marc Narotsky2, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Robert Shelley was absent. As a quorum was determined to be present, the meeting commenced. 2. Review: Capital Improvement Program (City Manager): Mr. Wasson reviewed the Capital Improvement Program (CIP) for the fiscal period October 1, 2022 through September 30, 2027. The Commission provided positive comments and discussed various items including improvements to the building department, upgrading the phone system, funding for park bathrooms, an employee dedicated to answering the phones, relocating the tot lot at Waterways Park, and removing police office renovations. Mr. Wasson will review providing an employee dedicated to answering the phones as discussed. City Manager Summary: It was the consensus of the City Commission to proceed with placing a resolution on the July Commission Meeting Agenda, accepting and adopting the Capital Improvement Program for 2022/2023-2026/2027, with the removal of the police office renovations as discussed. 3. Discussion: Proposed Comprehensive Plan Amendment 22-01 ER (City Manager): Mr. Wasson introduced the item and provided a brief overview. Keven Klopp, Community Development Director, reviewed the comments provided from the Florida Department of Economic Opportunity and discussed the proposed changes to be presented on second reading at the next Commission Meeting. ' Participated via virtual communications media technology. Left the meeting at 12:13 p.m. 2 Participated via virtual communications media technology. Left the meeting at 11:30 a.m.during the discussion of Item 10. Aventura City Commission Regular Workshop Minutes—June 23, 2022 The Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with placing an ordinance for second reading on the July Commission Meeting Agenda. 4. Discussion: Resolution Awarding Contract to the Lowest Bidder for N.E. 34t" Avenue Drainage (City Manager): Mr. Wasson reviewed the item and recommended that the item proceed with awarding the contract to Basile USA, LLC, the lowest responsive bidder. The Commission expressed optimism in receiving ten bids for the item and discussed the difference in the amounts received. City Manager Summary: It was the consensus of the City Commission to proceed with placing a resolution on the July Commission Meeting Agenda awarding the bid to Basile USA, LLC. 5. Discussion: Proposed Ordinance Requiring Building Owners to Maintain Exterior Building Surfaces Every Ten Years and Submit an Annual Certificate of Maintenance (City Manager): Mr. Wasson introduced the item and provided a brief overview. Keven Klopp, Community Development Director, reviewed the proposed changes to the Code to require building owners to paint and/or waterproof the building exterior surfaces at least every ten years and to submit annual certification of maintenance of all building components impacting structural integrity, as outlined in the draft ordinance. The Commission discussed the 10-year paint warranty, concrete restoration, allowing extensions, color palettes, and permitting requirements. An item will be placed on the next workshop agenda for the discussion of color palettes. Oscar Guerrero, Building Official, provided comments on requiring a 10-year warranty. The following members of the public provided comments: Steve Weisman. Mr. Meyers provided comments on the draft ordinance and noted that language could be added to allow for an extension to be applied for. Mr. Wasson discussed the notice of violation fines, etc. City Manager Summary: It was the consensus of the City Commission to proceed with an ordinance for the item as discussed. 6. Discussion: Youth Advisory Board (City Manager): Mr. Wasson introduced the item. Mr. Meyers reviewed the discussion and direction at the prior workshop to amend the ordinances for the advisory boards. He suggested, due to issues with the Charter in doing so, that the advisory boards remain the same, with the exception of the Youth Advisory Page 2 of 5 Aventura City Commission Regular Workshop Minutes—June 23, 2022 Board. He outlined that the Youth Advisory Board could be changed by repealing the current ordinance and a new Youth Council could be created by resolution with members reporting directly to the City Manager. The Commission discussed the item and requested that the resolution provide that the Youth Council meet within 30 days of selection. City Manager Summary: It was the consensus of the City Commission to proceed with an ordinance repealing the current Youth Advisory Board and a resolution creating a new Youth Council. 7. Discussion: Proposed Ordinance Reestablishing a Residency Policy for Utilization of Aventura Founders Park (City Manager): Mr. Wasson introduced the item. Mr. Meyers explained the current policy at Founders Park and suggested that it be expanded to include the entirety of Founders Park (both north and south). City Manager Summary: It was the consensus of the City Commission to proceed with placing an ordinance on the July Commission Meeting Agenda reestablishing the residency policy for the entirety of Aventura Founders Park. 8. Discussion: Reconstruction Agreement Between the City and Outfront Media LLC (City Manager): Mr. Wasson reviewed the request from Outfront Media, LLC to remove an existing billboard sign and to reconstruct a replacement sign that meets current engineering and wind-load requirements. Joanna Johnson, Communications Manager, provided positive comments on the use of the sign for public announcements. The Commission discussed the ability to utilize the sign for public service announcements and requested that the City negotiate as much time as possible. Evan Ross, City Consultant - Public Communicators Group LLC, provided comments on public announcements and spoke in favor of using the sign for that purpose. City Manager Summary: It was the consensus of the City Commission to proceed with placing a resolution on the July Commission Meetng Agenda, negotiating as much time as possible for the use by the City for public announcements. 9. Update: RTZ (Rapid Transit Zone) (City Manager): Mr. Wasson introduced the item and provided brief remarks. Keven Klopp, Community Development Director, provided an update on the recent Miami- Dade County meeting and the items that the City has to address including new zoning regulations focused on FAR and mixed-use requirements within the metropolitan urban center. Page 3 of 5 Aventura City Commission Regular Workshop Minutes—June 23, 2022 The Commission discussed Ives Dairy Road, staying abreast of upcoming County meetings discussing the item, adding transportation to the City's legislative agenda, lobbying the Governor for funds, and the possibility of hiring a lobbying firm specializing in transportation. City Manager Summary: This item was for informational purposes. The following additional items were discussed: CS/HB 105 — Regulation of Smoking: Mr. Wasson explained the recent bill that was passed allowing municipalities to now prohibit smoking in parks. Mr. Meyers provided additional information on areas that could be included. City Manager Summary: It was the consensus of the City Commission to proceed with an ordinance prohibiting smoking in City parks, as allowed by the bill. National Pollution Discharge Elimination System (NPDES): Mr. Wasson explained the need to enter into a new interlocal agreement with Miami-Dade County for professional services, as a co-permittee in the National Pollutant Discharge Elimination System (NPDES). The permit regulations require testing at all discharge location points for all municipalities which are performed by Miami-Dade County per the agreement. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution for the interlocal agreement. 10. Review: Six-Month Review of Communication Consulting Services of Public Communications Group (City Manager): Mr. Wasson provided a six-month review of the services thus far and recommended that the agreement continue. The Commission discussed the organization chart, overlapping of duties, reporting, communications plan, City Manager review of the plan, providing the plan at the next workshop, public bid for the position, hiring of the communications manager, enhanced communications that have been provided, honing in on strengths, providing a texting plan, proofreading items sent out, recent meeting with the property managers, recent town hall meeting with Senator Pizzo, the importance of having one person in charge of communications, interviewing Commission members for their input, reaching those residents not on social media via mailings, printed monthly newsletter, and improving communications with the Commission regarding City events. Joanna Johnson, Communications Manager, provided comments on communications meetings, communications outreach, and working in tandem with Mr. Ross. Evan Ross, City Consultant - Public Communicators Group LLC, provided comments on his items and noted that the next meeting with the property managers was scheduled for September 14t" at 9 a.m. City Manager Summary: It was the consensus of the City Commission that the items discussed be addressed. Page 4 of 5 Aventura City Commission Regular Workshop Minutes—June 23, 2022 The following additional items were discussed: Per a request by Commissioner Landman and consensus of the City Commission, the July 12t" City Commission Regular Meeting was changed to July 19tn Mr. Wasson provided an update on the Freebee program and working on recent delays at certain properties due to the guest lines at the gates. Mr. Wasson was requested to recommend that the police department educate incoming personnel on the importance of participating in the pension. He was also requested to schedule a Commission Liaison Meeting and to look into the possibility of providing resident access to the ACES basketball courts outside of school hours. The Commission discussed whether or not preferential consideration should be given for the admittance of the children of consulates, ambassadors, and religious leaders in the community at the City's schools. This item will be discussed at a future Governing Board Meeting. 11. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:15 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 19, 2022. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager ` - DATE: July 15, 2022 SUBJECT: Resolution Awarding Contract for NE 34th Avenue Drainage Improvements to Basile USA, LLC July 19, 2022 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding the contract for NE 34t" Avenue drainage improvements to Basile USA, LLC. BACKGROUND The City solicited and accepted bids for Bid No. 22-05-05-3 NE 34t" Avenue Drainage Improvements. City staff has determined that Basile USA, LLC has submitted the lowest bid. It is recommended to award said contract in the amount of$735,728.05. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2078-22 Klmley))) Horn June 7,2022 Joseph Kroll, MPA, CPM, CFM Public Works&Transportation Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: City of Aventura NE 34t'Avenue Drainage Improvements City of Aventura Bid No. 22-05-05-3 Bid Recommendation 043508132 Dear Mr. Kroll: The City of Aventura(City) advertised the NE 34th Avenue Drainage Improvements Project on April 4,2022. A pre-bid meeting was held on April 13,2022 to discuss the project with potential bidders, and on May 16,2022 bids were publicly opened and read. The project primarily includes the installation of drainage improvements along NE 34th Avenue between NE 213th Street south to North Country Club Drive. The project also includes roadway restoration to include curbing and sidewalk restorations. The following is a bid summary of the Total Bid Amounts for the ten bidding contractors: 1. Basile USA, LLC $ 735,728.05 2. Pabon Engineering $ 980,000.00 3. GPE Engineering & General Contractor $ 999,839.62 4. A.D.A Engineering $1,007,078.51 5. Metro Express,Inc. $1,048,757.00 6. Marcdan, Inc. $1,075,874.00 7. Southern Underground Industries,Inc. $1,101,221.00 8. C&W Pipeline, Inc. $1,352,600.00 9. General Asphalt Co. LLC $1,532,553.50 10. David Mancini and Sons,Inc. $1,741,626.00 A Bid Tabulation is attached for reference. Kimley-Hom has been asked to review the bids and provide a recommendation of award. Based on the results of the bid,the apparent low bidder is Basile USA, LLC with a total bid amount of $735,728.05. The Florida DBPR,online services website, shows a Certified General Contractor(GC) license currently registered with the Florida Department of Business and Professional Regulation for Alexis Lopez,who is listed as the Certified General Contractor of Basile USA,LLC. Kimley-Horn called three (3) of the references provided by the contractor. As of this date,one (1)of the references City of Aventura Klmley))) Horn NE 341 Avenue Drainage Improvements Bid Recommendation,Page 2 has not returned our call, and the other two(2)references were generally satisfied with the Contractor's performance and would utilize their services again. As a result, the recommendation is to award this contract to Basile USA, LLC as the lowest,responsive bid. Basile USA's bid is $735,728.05. As a result, the contractor is $118,779.45 below the estimated project budget of$854,507.50. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule.The schedule is to have all work completed within 210 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at 954-535-5133. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. Stefano Viola,P.E. Project Manager Copy To: File K:AFTL_Civil\043 jobs\043508132 NE 34th Ave Drainage Improvements\Bid Docs\Bids Received CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR BID NO. 22- 05-05-3, NE 34TH AVENUE DRAINAGE IMPROVEMENTS, TO BASILE USA, LLC AT THE BID PRICE OF $735,728.05; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; APPROPRIATING AND ALLOCATING FUNDS FOR THE CONTRACT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accepted bids for BID NO. 22-05-05-3 NE 34TH AVENUE DRAINAGE IMPROVEMENTS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Basile USA, LLC has submitted the lowest responsible and responsive bid for said project; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the bid/contract for BID NO. 22-05-05-3, NE 34TH AVENUE DRAINAGE IMPROVEMENTS is hereby awarded to Basile USA, LLC in the amount of $7357728.05. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part City of Aventura Resolution No. 2022- of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out this Resolution shall be from Budget Line Item Numbers 410-5401-538-63-06. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 2022. Page 2 of 3 City of Aventura Resolution No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-Y!;Q. DATE: July 15, 2022 SUBJECT: Resolution Approving the Reconstruction Agreement Between the City of Aventura and Outfront Media LLC July 19, 2022 City Commission Meeting Agenda Item 5C RECOMMENDATION As discussed at the June City Commission Workshop, it is recommended the City Commission adopt the attached Resolution approving the Reconstruction Agreement with the City and Outfront Media LLC. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2080-22 K ve rn.w. .. „.r. ..„.. . ,_. . . _ S - .,_ . . .... ........ NAG jEriiMEL . ,....-_ _, _,,.....„ ,.... . .....:::, ,..,....,,4:„..„ ,,.., ,,,.,,,, ,,,.. •,\• %.-,41/7 . ___ .,,•„...„.._., .-- -6\:•/,''',,_, 4., ../... • is'. •- I :0 /e , fll li6g1 / "6 (.� LnS ITl5 ..•,7-- s -...:::* K(N . ; �, •_d4 x . JEWELERS .y. iI , u 1 II.11141Vir �J. 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'''.-.'* .., ..., CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A RECONSTRUCTION AGREEMENT WITH OUTFRONT MEDIA LLC; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE CONTRACTOR THE TERMS AND CONDITIONS ASSOCIATED WITH THE REMOVAL OF AN EXISTING SIGN AND THE CONSTRUCTION AND OPERATION OF A REPLACEMENT SIGN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 70.20, Florida Statutes, expressly authorizes and encourages agreements of this type by empowering municipalities and owners of billboard signs to enter into relocation and reconstruction agreements, on mutually agreeable terms, that allow the municipality to accomplish its public goals while allowing the continued maintenance of private investment in outdoor advertising signs as a medium of commercial and non-commercial communication; and WHEREAS, Outfront Media LLC ("Outfront") is engaged in the business of constructing, operating and maintaining one or more billboard signs in Miami-Dade County, Florida and, in particular, within the City of Aventura (the "City"); and WHEREAS, Outfront operates a legally existing, nonconforming sign structure (the "Existing Sign") in the City on certain real property more particularly described in Exhibit "A" to this Agreement (the "Existing Sign Parcel"); and WHEREAS, the Existing Sign was lawfully permitted and erected in conformity with the land development regulations in effect at the time, and remains a lawful, conforming structure under the City's current Land Development Code (the "LDC"); and WHEREAS, Outfront proposes to remove the Existing Sign and construct a Replacement outdoor advertising sign (the "Replacement Sign") that meets all current engineering and wind-load requirements; and WHEREAS, the City desires to allow Outfront to remove the Existing Sign and reconstruct the Replacement Sign, pursuant to §70.20, Florida Statutes, and this Agreement; and WHEREAS, the City and Outfront desire to enter into this Agreement, establishing the terms and conditions under which Outfront will be permitted to remove the Existing Sign, and to construct and maintain the Replacement Sign in a manner consistent with Florida law and conforming to building codes and the LDC, and in a manner satisfactory to the City; and City of Aventura Resolution No. 2022- WHEREAS, the City Commission finds and determines that this Resolution is in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. Reconstruction Agreement Approved. That the City Commission hereby approves the Reconstruction Agreement, attached hereto as Exhibit"B"to remove an Existing Sign and construct and operate a Replacement Sign within the City Section 3. City Manager Authorized. That the City Manager is hereby authorized to negotiate the terms and conditions associated with the construction and operation of the Replacement Sign. Section 4. Implementation. That the City Manager is hereby authorized to take all other necessary steps to implement the purposes of this Resolution. Section 5. Effective Date. That this Resolution shall become effective upon its passage. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 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 RECONSTRUCTION AGREEMENT THIS RECONSTRUCTION AGREEMENT (the "Agreement") is made on and shall be effective as of , 2022, by and between the City of Aventura, Florida (the "City"), a municipal corporation organized and existing under the laws of the State of Florida, and Outfront Media LLC ("Outfront"), a Delaware limited liability company. WHEREAS, Section 70.20, Florida Statutes, expressly authorizes and encourages agreements of this type by empowering municipalities and owners of billboard signs to enter into relocation and reconstruction agreements, on mutually agreeable terms,that allow the municipality to accomplish its public goals while allowing the continued maintenance of private investment in outdoor advertising signs as a medium of commercial and non-commercial communication; and WHEREAS, Outfront is engaged in the business of constructing, operating and maintaining one or more billboard signs in Miami-Dade County, Florida and, in particular, within the City; and WHEREAS, Outfront operates a legally existing, nonconforming sign structure (the "Existing Sign") in the City on certain real property more particularly described in Exhibit A to this Agreement(the "Existing Sign Parcel"); and WHEREAS, the Existing Sign was lawfully permitted and erected in conformity with the land development regulations in effect at the time, and remains a lawful, conforming structure under the City's current Land Development Code (the "LDC"); and WHEREAS, the Existing Sign may not meet current wind-load and other relevant engineering and safety requirements of the applicable building codes and the LDC; and WHEREAS, the City desires to encourage outdoor advertising companies to voluntarily reduce or eliminate outdoor advertising structures within the City that do not comply with current engineering and wind-load requirements; and WHEREAS, Outfront proposes to remove the Existing Sign and construct a Replacement outdoor advertising sign (the "Replacement Sign") that meets all current engineering and wind- load requirements; and WHEREAS,the City desires to allow Outfront to remove the Existing Sign and reconstruct the Replacement Sign, pursuant to §70.20,Florida Statutes, and this Agreement; and WHEREAS, the City and Outfront desire to enter into this Agreement, establishing the terms and conditions under which Outfront will be permitted to remove the Existing Sign, and to construct and maintain the Replacement Sign; and WHEREAS,the City acknowledges and agrees that Outfront is relying on this Agreement and that Outfront will proceed to remove the Existing Sign and construct the Replacement Sign, which activities will require the expenditure of substantial monies by Outfront,the relinquishment of significant property rights by Outfront, or both; and 1 WHEREAS,the City finds and determines that the provisions of this Agreement are in the public interest; and WHEREAS, on 2022, the City Commission adopted Resolution No. authorizing the execution of this Agreement; and WHEREAS,the City desires to ensure that the Replacement Sign continues to be operated in a manner consistent with Florida law and conforming to building codes and the LDC, and in a manner satisfactory to the City. NOW THEREFORE, for and in consideration of the above recitals and the mutual exchange of the covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged and agreed upon, the City and Outfront agree as follows: 1. Recitals. The foregoing recitals express the intent of the parties and they are incorporated in this Agreement as contractual terms, and not merely recitals. 2. The Replacement Sign. A. Location. The Existing Sign will be completely removed and the Replacement Sign will be constructed on the Existing Sign Parcel, as depicted in the site plan attached as Exhibit B. B. Permits and Construction. Outfront shall be responsible for obtaining and paying for (at normal and customary rates) all required building permits and approvals to remove the Existing Sign and to erect,operate and maintain the Replacement Sign, including any necessary permits or approvals from the Florida Department of Transportation("FDOT"), or any other State, federal or local agency or department. The City shall issue all necessary permits for removal of the Existing Sign and erection of the Replacement Sign within thirty (30) days after submission of a complete permit application(s) by Outfront, including any necessary engineering and construction plans or specifications demonstrating compliance with all applicable building and electrical codes. The City shall cooperate with and assist Outfront in obtaining any necessary permits and approvals from FDOT or any other agency or department, or both, for the removal of the Existing Sign and the erection and maintenance of the Replacement Sign by, among other things, timely executing such forms, applications or other documents as may be required for Outfront to obtain all such permits or approvals. C. Construction Standards. The Replacement Sign shall be constructed, operated, maintained, and replaced by licensed, registered contractors in a manner that meets or exceeds the City's building and electrical requirements, and upon completion of construction, structural certifications by State Licensed Engineers will be provided to the City by Outfront. The Replacement Sign shall be constructed in substantially the location occupied by the Existing Sign, which location shall be approved by FDOT (if necessary) and the City. D. Survey. Outfront shall submit to the City signed and sealed site plan(s) and survey(s) for any proposed construction of the Replacement Sign, evidencing compliance with 2 applicable conditions of this Agreement prior to issuance of any Building Permits by the City. Within thirty(30) days after completion of construction/and installation of the Replacement Sign, Outfront shall provide the City with an as-built survey of the Replacement Sign, which shall be a condition precedent to the City issuing a Certificate of Completion for the Replacement Sign. E. Compliance With Applicable Regulations. The placement and operation of the Replacement Sign must conform with Chapter 479, Florida Statutes, Chapter 14-10, Florida Administrative Code, and any and all other applicable federal, state, county and municipal regulations. F. Illumination/Brightness. Outfront will provide the City with an illumination chart, photometric report and proof of brightness report for the LED panels. The illumination will be dimmed at night through dimming software. If it is determined by the City Manager a light disturbance to adjacent residential development exists, Outfront will install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above ambient light levels (as they may change throughout the day), measured based on distance of 250 (feet) from the source. G. Description. The Replacement Sign shall be a double-face monopole structure. The Replacement Sign will utilize LED or other similar electronic changeable message technology (as may be determined by Outfront from time to time). The size of each face of the Replacement Sign shall not exceed 14 feet in height and 48 feet in length. The Replacement Sign shall not be illuminated by flashing, intermittent, or moving lights (i.e.,the message shall be static, and shall not include any full-motion video or animation), and shall otherwise comply with all requirements of Chapter 14-10, Florida Administrative Code, as that Chapter may be amended from time to time. In no event shall the displayed message change more often than once every 8 seconds. The Sign shall not emit any sound of any kind and shall not use or release any steam or smoke or any other substance. The City and Outfront agree that the height of the Replacement Sign shall be measured pursuant to, and shall comply with the provisions of, Chapter 479,Florida Statutes, and the related Florida Administrative Code provisions and FDOT regulations, and that the overall height of the Replacement Sign shall not exceed 55 feet. H. Repair and Maintenance. Upon completion, the Replacement Sign shall be deemed a conforming sign in all respects under the City's current LDC for the purpose of future repair, replacement and maintenance. I. Compliance with Agreement/Laws. Outfront agrees that it shall operate the Replacement Sign in accordance with the terms of this Agreement and all laws, rules, ordinances and regulations: (i) pursuant to which any permits issued are issued; and (ii) promulgated by the Florida Legislature and Florida Department of Transportation. Failure to abide by the terms of this Agreement, or to adhere to all applicable laws will be deemed a violation of this Agreement, and the City may pursue any and all equitable and legal remedies relating to the violations/defaults, including, but not limited to, requiring Outfront to remove the Replacement Sign; provided, however, prior to the exercise of any such legal or equitable remedies, the City shall first provide Outfront written notice of any alleged violation/default, which notice shall state the nature of the violation/default with as much specificity as is practicable under the circumstances. Outfront shall have 30 days from the receipt of the City's notice to cure such 3 violation/default, or if the violation/default is not reasonably capable of being cured within 30 days, to commence to cure the violation/default and to diligently pursue the cure to completion. 3. Sign Removal. Contemporaneously with the submission of Outfront's permit application to the City for construction of the Replacement Sign, Outfront shall also apply for a demolition permit for the Existing Sign, which permits the City shall issue within thirty (30) days after submission of complete permit applications for same, as provided in Paragraph 2(B) above. Outfront shall demolish the Existing Sign, remove all sign debris, and dispose of same in accordance with applicable regulations of the City's ordinances and the LDC, prior to or contemporaneous with erection of the Replacement Sign. Outfront shall have no obligation to demolish or remove the Existing Sign unless and until it has obtained all necessary state and local permits and approvals for construction and maintenance of the Replacement Sign. In the event that Outfront is unable to obtain all necessary permits and approvals for the construction and maintenance of the Replacement Sign, Outfront shall be relieved of any obligation under this Agreement to remove the Existing Sign and shall have the right to terminate this Agreement upon thirty (30) days' written notice to the City. 4. Advertising and Notifications by the City/ Public Service Messages. Outfront will make the Replacement Sign available for the dissemination of public service information as more particularly described below. Outfront voluntarily offers announcements and advertising slots to the City (on a space-available basis) as provided in this paragraph, and the City accepts this offer. Unless expressly stated otherwise in subparagraphs (A) and (B) of this Paragraph 4, the following terms shall apply: (i) all announcements and advertising slots provided by Outfront to the City shall be at no cost to the City; (ii) all artwork/design/graphics relating to the City's chosen advertisements shall be provided by the City to Outfront at least 10 days prior to the scheduled advertising run commencement date unless an emergency situation exists; and (iii) in the event the City desires to utilize Outfront advertising artwork/design/graphics, Outfront shall provide the artwork/design/graphics to the City (at the City's expense) for its approval at least 10 days prior to the scheduled advertising run commencement date. For purposes of this Paragraph 4, the initial contact persons shall be: City: Bryan Pegues, Assistant City Manager at(305) 466-8995; and Outfront: Chris Ashley, VP of Real Estate, (561) 353-6167. (A) Public Service Advertising. On a space available basis, Outfront will allow the City to post public service announcements and advertise City-sponsored events (the "City Announcements") on the Replacement Sign, pursuant and subject to the terms, conditions and restrictions contained in this Agreement. Any such City Announcements shall be strictly for the benefit of the City. If after posting a City Announcement any third party asserts that the announcement is defamatory or infringes on any copyright, trademark, or other intellectual property or privacy right, or if adverse publicity results from, it, Outfront shall have the right to remove the City Announcement, and to discontinue the display of City Announcements until such time as the City shall supply a new, or designate a previous, City Announcement. Any such public service announcements may be removed by Outfront in the event that space so occupied by City 4 Announcements is leased or rented to third parties by Outfront. Outfront agrees to give the City reasonable notice of anticipated space availability on the Replacement Sign for City Announcements; provided, however, that Outfront shall have no obligation to notify the City if such space availability is limited to time periods of less than 30 days. All artwork, design, graphics, production and installation costs relating to the City Announcements shall be at the sole expense of the City. (B) Emergency Messages. During times of declared weather emergencies affecting the City, Outfront will make the Replacement Sign available, and will add one Slot on each face of the Replacement Sign (if necessary) for the sole and limited purpose of communicating emergency information to the City's citizens and the travelling public, in accordance with the terms and conditions of the emergency alert notification program (the "Emergency Notification Program")adopted by the Florida Outdoor Advertising Association(the "FOAA") and the Florida Division of Emergency Management ("FDEM"), which sign shall not be required to provide the 10 day advance notice required under subsection (A), above. (C) Amber Alerts. Outfront will make the Replacement Sign available, by adding one Slot on each face of the Replacement Sign (if necessary), for the display of"amber alerts" issued by the Florida Department of Law Enforcement ("FDLE"), or such other law enforcement agency that may from time to time be responsible for issuance of same, when it is determined (pursuant to guidelines and procedures already in place between the FDLE or such other agency/agencies and the outdoor advertising industry to identify appropriate situations, duration and sign locations) that display of the "amber alert" on the Replacement Sign would provide information to the travelling public that could be instrumental in assisting authorities in resolving an abduction. 5. Content Restrictions. Outfront voluntarily offers and the City has agreed that advertising copy on the Replacement Sign shall not include any tobacco product, alcoholic beverages, adult retail, adult performance, adult entertainment establishment or adult service, pari-mutuel betting, gaming or gambling activities or other use that is reasonably objectionable as determined by the City Manager. 6. Annual LED Fee. In consideration of the City permitting Outfront to construct and operate the Replacement Sign within the City, Outfront shall pay the City an annual LED signage fee so long as the Replacement Sign remains installed, operational and utilizing automatic changeable message displays (the "Annual Fee"). The Annual Fee shall be in the following amounts: a. Years 1 through 5: $35,000 per face ($70,000 total) b. Years 6 through 10: $40,000 per face ($80,000 total) c. Years 11 through 15: $45,000 per face ($90,000 total) d. Option 1 /Years 16 through 25: $50,000 per face ($100,000 total) e. Option 2/Years 26 through 35: $52,500 per face ($105,000 total) The Annual Fee for Year 1 shall be due and payable within fifteen (15) days after completion of construction of the Replacement Sign, and issuance of all final permits and approvals necessary for the operation of the Replacement Sign (the "Commencement Date"). 5 Thereafter, Outfront shall pay the Annual Fee to the City on or before the anniversary of the date upon which the Year 1 Annual Fee was paid. The parties understand and agree that the Annual Fee is being paid to mitigate any impacts to the City and its residents from the rights granted under this Agreement and actions taken pursuant to it. 7. Indemnification and Hold Harmless. Outfront agrees to defend (with counsel of Outfront's choosing, subject to the prior approval by the City Attorney, which approval shall not be unreasonably withheld), indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims, suits, actions, damages and causes of action whatsoever, arising during the term of this Agreement and resulting in personal injury, loss of life or damage to property sustained by any person or entity as a result of the doing of any work in this Agreement as authorized or the failure to do any work in this Agreement as required, or as a result of this Agreement or the construction, maintenance or use related to the removal of the Existing Sign and installation of the Replacement Sign or the use by Outfront of the Property upon which the Replacement Sign is to be located. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence (except gross negligence) on the part of the City relating to such loss or damage and shall include all costs, expenses and liabilities incurred by the City in connection with any such claim, suit, action or cause of action, including the investigation of any of them and the defense of any action or proceeding brought on any of them and any order, judgment or decree which may be entered in any such action or proceeding or as a result of any of them. These provisions shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. With respect to the removal of the Existing Sign pursuant to this Agreement, Outfront waives and releases the City from and against any and all claims for compensation or other reimbursement which it has or may have in the future as a result of any provisions of Section 70.20,Florida Statutes, or the provisions of any other statute or under common law, except as otherwise specifically provided in this Agreement. In the event that any third party brings any challenge either to this Agreement as a whole or to any application for permits or approvals under this Agreement, the City shall give sufficiently prompt notice to Outfront of such challenge and shall in all events give such notice within 10 business days of the date that the City first learns of the challenge. The City will not voluntarily assist in any such third-party challenge or take any position adverse to Outfront in connection with such third-party challenge. The City will reasonably assist in the defense of any such action by Outfront in such a matter. 8. Complete Understanding. This Agreement, and all the terms and provisions contained in this Agreement, including without limitation its Exhibits (if any), constitute the full and complete agreement between the parties with respect to the matters covered in this Agreement, and supersedes and controls over any and all prior agreements, understanding, representations, correspondence and statements whether written, oral or implied, which are deemed to be merged into this Agreement. 9. Amendment. The parties may amend this Agreement only by a written instrument signed by each of the parties. There cannot be any waiver, variation, modification, amendment or change to the terms of this Agreement except as may be made in writing and executed by each 6 party to this Agreement. If any party fails to enforce its respective rights under this Agreement or fails to insist upon the performance of another party's Agreement obligations , such failure shall not be construed as a permanent waiver of any rights or obligations in this Agreement. 10. Notices. All notices, demands, requests for approvals or other communications required or authorized to be given by either party to another shall be in writing and shall be hand- delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or by a recognized overnight courier service to each party indicated below, addressed as follows: City: City Manager City of Aventura 19200 W Country Club Drive Aventura, Florida 33180 Copies to: City Attorney City of Aventura 19200 W Country Club Drive Aventura, Florida 33180 Outfront: Real Estate Manager Outfront Media LLC 2640 NW 17th Ln, Pompano Beach, FL 33064 Copies to: William G. McCormick, Esq. McCormick Law Firm, PLLC 401 E. Las Olas Blvd. Suite 1400 Fort Lauderdale, Florida 33301 Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective on the fifth (5th) business day after mailing. Refusal by any person to accept delivery of any notice delivered at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section as of the date and time of such refusal. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties in accordance with this provision and such notices shall be effective upon receipt. Until notice of change of address is received as to a party, the other party may rely upon the last address given. 7 11. Default. In the event any party is in default of any Agreement provision, the non- defaulting party, as a condition precedent to the exercise of its remedies, shall be required to give the defaulting party or parties written notice of same pursuant to this Agreement. The defaulting party or parties shall have fifteen (15) business days from the receipt of such notice to cure the default or, if the default cannot be cured within fifteen (15) business days, to commence and diligently pursue a cure. If the defaulting party timely cures the default,the default shall be deemed waived and this Agreement shall continue in full force and effect. If the defaulting party or parties do not timely cure such default, the non-defaulting party or parties shall be entitled to pursue its remedies which are available at law or equity. 12. Severability. The parties covenant and agree that they will not initiate, pursue, assist, participate in (except to oppose or defend against) or in any way aid or support any action or proceeding of any type or nature challenging the constitutionality, legality or enforceability of this Agreement, or having the effect of rendering this Agreement void or unenforceable, or that would negatively impact the validity or enforceability of this Agreement in any way. The foregoing shall not prevent any party from initiating or pursuing legal action based on the other party's default under this Agreement. If any term or provision of this Agreement or the application of it to any person or circumstance is declared invalid or unenforceable as a result of any third party challenge, the remainder of this Agreement, including any valid portion of the invalid term or provision stricken or held invalid, shall not be affected and shall, with the remainder of this Agreement, continue unmodified and in full force and effect. In the event that any portion of this Agreement shall be held invalid, unenforceable or both resulting in the forced removal of the Replacement Sign, the parties shall be released from any further obligations under this Agreement and shall be returned to their respective positions as they existed just prior to the execution of this Agreement, including, but not limited to, Outfront's right to re-erect the Existing Sign, at its current location. 13. Controlling Law, Venue, Jury Trial Waiver. This Agreement shall be construed under the laws of the State of Florida. Venue for any proceeding arising under this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida as to state court actions, and in the United States District Court for the Southern District of Florida as to federal court actions, to the exclusion of any other venue. THE PARTIES EACH HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY DISPUTES RELATING TO OR ARISING OUT OF THIS AGREEMENT. ALL COURT ACTIONS OF ANY NATURE OR KIND SHALL BE NON-JURY. 14. Authority to Execute and Bind. Each party represents and warrants that all requisite actions have been taken to authorize execution of this Agreement by the person signing on behalf of that party, and thereby bind that party to the terms and conditions of this Agreement. 15. Non-Waiver. The failure of any party to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any of its Exhibits or any other agreement, instrument or document of whatever form or nature contemplated by any other party or parties, shall not be deemed a waiver of any right or remedy that the party may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 8 16. Successors and Assigns. This Agreement shall be freely assignable by Outfront. The terms of this Agreement shall be binding upon and shall inure to all successors in interest to the parties to this Agreement. 17. Continuing Cooperation. The parties covenant and agree that they will execute such further documents and take such further actions as may be reasonably necessary to effectuate and implement the provisions and intent of this Agreement. 18. Construction. The provisions of this Agreement shall not be construed in favor of or against any particular party as each party has reviewed its terms and conditions and, by execution of this Agreement, acknowledges that each party has carefully considered the legal ramifications of this instrument, has consulted with legal counsel or has knowingly and willingly chosen not to do so. This Agreement has been negotiated by the City and Outfront, and this Agreement, including,without limitation,the Exhibits shall not be deemed to have been prepared by any one party but, rather, by both equally. 19. No Third Party Beneficiaries. It is expressly agreed and understood that there are no third parties intended to be benefited by this Agreement or any of the terms, provisions, rights or benefits conferred in this Agreement, and no private right of action is intended to be created by this Agreement in any third party. 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute a single instrument. 21. Term. The parties expressly agree that the initial term of this Agreement shall be for a period of fifteen (15) years (the "Initial Term"), commencing on the Commencement Date. Upon expiration of the Initial Term, the term of this Agreement shall automatically renew for two (2) additional terms of ten (10) years each (for a total term of 35 years), unless Outfront shall deliver written notice to the City opting out of this Agreement, no later than sixty (60) days prior to expiration of the Initial Term or the first renewal term. - SIGNATURES APPEAR ON FOLLOW PAGES — 9 IN WITNESS WHEREOF, the City and Outfront have executed or caused their duly authorized representatives to execute this Agreement. CITY OF AVENTURA By: Ronald J. Wasson, City Manager Dated: , 2022 Attest: Approved as to legal form: Ellisa L. Horvath, MMC, City Clerk City Attorney Dated: , 2022 Dated: , 2022 OUTFRONT MEDIA LLC By: Printed Name: Title: Dated: , 2022 10 "' I T2,5 4pr204 5 Section/Job No.: 87030-2569 Parcel No.: 6000 XHIBIT "A" DESCRIPTION: A portion of Florida Department of Transportation Parcel Numbers 158 and 153 (for State Road 5, Section 87030-2569) being more particularly described as follows : COMMENCE at the Southwest corner of Section 3 , Township 52 South, Range 42 East; thence N87"23'12"E, along the South line of said Section 3, a distance of 101 . 69 feet, to a point on the East Right of Way line of the Florida East Coast Railroad; thence N15029'40"E, along said Right of Way line of the Florida East Coast Railroad, a distance of 509. 35 feet to the POINT OF BEGINNING of this description; thence continue N15029'40"E, along said East railroad Right of Way line and the West line of said Parcel Number 158 a distance of 141.76 feet to the Northwest corner of said Parcel Number 158; thence S76018'50"E, along the North line of said Parcel Number 158, a distance of 61 .45 feet, to a point on the West Right of Way line of State Road 5, and to a point on the arc of a circular curve concave Westerly, whose tangent bears S14°49'03"W from the last described point; thence Southerly along the arc of said curve, and the West Right of Way line of State Road 5, having a radius of 5647.58 feet, a central angle of 00042'17" and an arc distance of 69.47 feet to a point of tangency; thence run S15°31'20"W along said tangent line and the said West Right of Way line of State Road 5, for a distance of 74 .23 feet to a point on the Easterly prolongation of the South line' of said Parcel Number 158; thence N74°30'20"W, along said Easterly prolongation, and said South line of Parcel Number 158, a distance of 61 .77 feet to the Southwest corner of said Parcel Number 158, and to the POINT OF BEGINNING of this description. ;f Said lands are situated in Dade County, Florida, and containing 8, 812 square feet, more or less. arCAMCocwrV aop M&aa% Noway vatF j6 K4RVEY RWIN CUMCMcorcomr 3 e" �•sF �' m�� S sg ! 8 as alad g o 1 all Is _§ �S5w�Ey��Is§R €tEs /'e/ se $ p c ALL© a p ail ils IS- s'gIR- �. € s� 5g�a €€� to as s!`! g g= s s g g gg Sss3 $ saw $ 3�a a ,uo� BBas Bn -RB a 6�7 ram � R z w� N - c S � s � � W � 6 F�� l I s I �a n � I I \uYm�'p��dp a li OY �3i.q�l it 1/J\ \ Cpps b 91 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Joseph S. Kroll, Public Works/Transportation Director. DATE: July 15, 2022 SUBJECT: Approval of FDOT Crossing #272596P NE 203rd Street/Ives Dairy Road July 19, 2022 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the attached Stipulation of Parties for the closure of NE 203rd Street/Ives Dairy Road FDOT Crossing Number 272596P Railroad-Highway Grade Crossing with the Florida Department of Transportation (FDOT). This is necessary and part of the new Ives Dairy Flyover which is under construction with an anticipated completion date of 2024. JSK/gf Attachments: Exhibit "A" FDOT Agreement Exhibit "B" Resolution JSK22018 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE JOINT STIPULATION BETWEEN THE FLORIDA EAST COAST RAILWAY, THE CITY OF AVENTURA, MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR THE CLOSURE OF NE 203RD STREET/IVES DAIRY ROAD FDOT FLORIDA DEPARTMENT OF TRANSPORTATION NUMBER 272596P TO CONSTRUCT A NEW GRADE SEPARATION CROSSING; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on behalf of the City of Aventura ("City"), the Florida Department of Transportation ("Department") filed an application for a permit to close a public railroad- highway located in the City of Aventura; and WHEREAS, a new grade separation crossing will replace the existing crossing in order to improve emergency response times and eliminate blocked crossing delays once the Brightline Aventura Railway Station is constructed; and WHEREAS, the Department requests the City Commission to approve the Joint Stipulation by Resolution prior to the execution of the agreement; and WHEREAS, the City Commission finds it is in the best interest of the City and its residents to approve this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission approves the Joint Stipulation between the Parties to close the Crossing identified in the agreement. Section 2. The City Manager is authorized to execute the attached form of City of Aventura Resolution No. 2022- agreement between the City of Aventura and Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEC), relating to the closure of FDOT crossing #272596P, as attached. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19th day of July, 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 STIPULATION OF PARTIES FOR THE CLOSURE OF NE 203rd STREET/ IVES DAIRY ROAD FDOT CROSSING NUMBER 272596P RAILROAD-HIGHWAY GRADE CROSSING, AVENTURA, FLORIDA Florida East Coast Railway L.L.0 (RAILROAD), City of Aventura (CITY), Miami-Dade County, and the Florida Department of Transportation (DEPARTMENT) by and through their undersigned representatives enter this Stipulation of Parties and agree to the following conditions: 1. On behalf of the CITY, the DEPARTMENT filed an application for a permit to close a public railroad-highway grade crossing, pursuant to Section 335.141(1), Florida Statutes (F.S.), and Rule 14-57.012, Florida Administrative Code. A copy of the application is attached as EXHIBIT "A." 2. The public railroad-highway grade crossing, FDOT Crossing Number 272596P, is located at RAILROAD Milepost 352.06 (+310'), NE 203rd Street/Ives Dairy Road, Aventura, Florida as shown on the map attached as EXHIBIT "B." 3. There are two tracks at the NE 203rd Street/Ives Dairy Road Crossing, which currently has approximately 50 train movements per day. The current maximum train speed at the subject crossing is 79 mile per hour. 4. A new grade separation crossing will replace the NE 203rd Street/Ives Dairy Road Crossing. The new grade separation will improve emergency response as it will eliminate the potential of blocked crossing delays once the Brightline Aventura Rail Station is constructed. The new grade separation configuration can additionally serve as an escape route during emergencies. 5. NE 203rd Street/Ives Dairy Road intersects the FEC Railway line between W Dixie Highway and US 1/SR 5/Biscayne Boulevard; This railroad crossing is in the CITY of Aventura, Miami- SOP NE 203rd Street/ Ives Dairy Road Page 1 of 5 April 28, 2022 Dade County. 6. Prior to the start of the crossing's closure, the RAILROAD, at the DEPARTMENT'S expense, shall provide road closure notification and maintenance of traffic, and will erect, on each side of the crossing, permanent closure signs and object markers as identified in the DEPARTMENT'S Standard Plan, Index 700-109, attached as EXHIBIT "C." 7. Prior to the start of the crossing's closure, the RAILROAD, at the DEPARTMENT'S expense, shall construct, on each side of the crossing, traffic control work zone signs and object markers, as identified in the DEPARTMENT'S Standard Plans, Index 102-600, attached as EXHIBIT "D." The work zone signs and object markers should be installed before the work. 8. The RAILROAD, at the DEPARTMENT'S expense, will remove all evidence of the roadway crossing the tracks within the railroad right of way and restore it. 9. The RAILROAD, at the DEPARTMENT'S expense, is responsible for removing all crossing warning signs, equipment and all crossing debris and installing pavement where the tracks were removed. Following completion of the closure, the Central Rail Office will perform a quality assurance inspection of the site for compliance with Department's standards. 10. The RAILROAD will ensure that all Federal Railroad Administration Workplace Safety Regulations, to include flagging and insurance, are met for the improvements referenced in this Stipulation of Parties. 11. The RAILROAD will notify the DISTRICT, County, and the CITY a minimum of 72 hours in advance of starting any work related to the closing of the NE 203rd Street/Ives Dairy Road Crossing. 12.Any work by the DEPARTMENT within the NE 203rd Street/Ives Dairy Road Crossing area will be coordinated a minimum of 72 hours in advance, except for emergency work for which immediate notice will be provided, with the RAILROAD to ensure that all Federal Railroad SOP NE 203rd Street/ Ives Dairy Road Page 2 of 5 April 28, 2022 Administration Workplace Safety Regulations, to include flagging and insurance, are met. 13.All work by the RAILROAD, County, and the CITY will be consistent with Manual of Uniform Traffic Control Devices (MUTCD 2009 Edition), Federal Railroad Administration (FRA) Rules and Regulations, American Association of State Highway and Transportation Officials (AASHTO) Policy, the DEPARTMENT'S Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Florida Greenbook), and CITY requirements. 14. The RAILROAD will complete the USDOT Crossing Inventory Forms (OMB 2130-0017), attached as EXHIBIT "E," for the NE 203rd Street/Ives Dairy Road closure and will submit the forms to the DEPARTMENT and to the FRA for inventory data entry. 15. The CITY will provide the DEPARTMENT a copy of the Resolution or a certified copy of the Minutes from the Clerk of Courts, verifying that this Stipulation has the CITY'S approval, attached as EXHIBIT "F." This document shall be provided to the DEPARTMENT prior to execution of this agreement. 16. This Stipulation of Parties has been executed by all parties having an interest in this matter. RAILROAD and CITY waive hearing rights provided by Chapter 120, Florida Statutes, for the closure of the NE 203rd Street/Ives Dairy Road Crossing with this Stipulation of Parties. 17. This Stipulation of Parties has been executed to formalize the acceptance of the plan between all parties to implement the work as outlined. Separate Agreements will be executed between the appropriate parties for the individual work components to follow. 18. Upon compliance with the terms of this Stipulation of Parties, the RAILROAD, County, CITY, and DEPARTMENT agree that NE 203rd Street/Ives Dairy Road Crossing shall hereafter in fact be a closed railroad-highway grade crossing. 19. The terms of this Stipulation of Parties may not be changed, waived, discharged, or terminated SOP NE 203rd Street/ Ives Dairy Road Page 3 of 5 April 28, 2022 orally but only by an instrument or instruments in writing, signed by the RAILROAD, County, CITY, and the DEPARTMENT. 20. This Stipulation of Parties is governed by, and shall be interpreted and construed in accordance with, the laws of the State of Florida. 21.Any failure of any party to insist upon the strict performance of any terms or provisions of this Stipulation of Parties is not deemed to be a waiver of the terms of this Agreement. 22.As authorized by Section 335.141, Florida Statutes, and Rule Chapter 14-57, Florida Administrative Code, the DEPARTMENT authorizes the closure of the NE 203rd Street/Ives Dairy Road Crossing as evidenced by this Stipulation of Parties, provided all conditions of this Stipulation are met and completed within 60 months of the execution of this Stipulation. (THIS CONCLUDES THE BODY OF THIS STIPULATION OF PARTIES) SOP NE 203rd Street/ Ives Dairy Road Page 4 of 5 April 28, 2022 FLORIDA EAST COAST RAILWAY L.L.0 (RAILROAD) By: Date: CITY OF AVENTURA (CITY) By: Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DEPARTMENT) By: Manager, Freight & Rail Office Date: LEGAL REVIEW (DEPARTMENT) By: Attorney, FDOT Central Office Date: SOP NE 203rd Street/ Ives Dairy Road Page 5 of 5 April 28, 2022 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: July 15, 2022 SUBJECT: Resolution Directing the City Manager to Establish a Youth Council July 19, 2022 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission approve a resolution authorizing the City Manager to create a Youth Council and also enable the City Manager to supervise the administration of the Youth Council to replace the Youth Advisory Board. BACKGROUND Since the City incorporated, City officials have encouraged involvement of the youth of City in matters of community and local governance. To this end, the City Commission created a Youth Advisory Board. Unfortunately, due to its stature as a City advisory board, there are a number of formalities mandated by state law associated with advisory boards which are not suitable to minors who have an interest in playing an active role in the City of Aventura community and city government. The proposed resolution is to create a less formal structure to enable minors the opportunity to interact with City officials, including the City Manager, and offer suggestions and recommendations to the City Manager of matters of interest to the City's youth. This resolution will direct the City Manager to establish a Youth Council and convene a meeting of said Council within 30 days of selecting Council members. The City Manager will consider those who applied to sit on the Youth Advisory Board. The City Manager will determine the screening mechanism for selecting the members of the Council and will be responsible for supervising the Youth Council and develop other operational rules for the Youth Council. The City Manager will communicate with the City Commission from time-to-time on pertinent actions and programming undertaken by the Youth Council. Nothing in this Resolution precludes the Youth Council from making presentations to the City Commission. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DIRECTING THE CITY MANAGER TO ESTABLISH A YOUTH COUNCIL; AUTHORIZING THE CITY MANAGER TO SUPERVISE THE ADMINISTRATION OF THE YOUTH COUNCIL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to encourage and facilitate the involvement of youth in the City of Aventura community and city government; and WHEREAS, the City desires to establish a Youth Council to obtain input on matters of special interest to youth within the City and to engage in youth-identified community initiatives; and WHEREAS, the City Commission finds that it is in the best interest of the City to direct the City Manager to establish a Youth Council, which shall report to the City Manager. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Manager Authorized. That the City Manager is hereby directed to establish a Youth Council and convene the Youth Council within 30 days of selecting Council members and will consider students who have submitted applications for the Youth Advisory Board in the current cycle. Further, the City Manager will from time-to- time communicate with the City Commission the pertinent actions of this Council. Section 3. Implementation. That the City Manager is hereby authorized to take any action necessary to implement this Resolution, including creating criteria and rules and regulations for the Youth Council. Section 4. Effective Date. That this Resolution shall take effect immediately upon adoption. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Joseph S. Kroll, Public Works/Transportation Director DATE: July 15, 2022 SUBJECT: Approval to Enter into an Interlocal Agreement with Miami-Dade County as a Co-permittee Named in the National Pollutant Discharge Elimination System (NPDES) for Professional Services July 19, 2022 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission approve the attached Resolution to enter into an interlocal agreement with Miami-Dade County for professional services as a co- permittee in the National Pollutant Discharge Elimination System (NPDES). BACKGROUND The City has been a co-permittee and partner with Miami-Dade since 2001. Our current agreement expires on September 30, 2022. This agreement is required by the State of Florida Department of Environmental Protection (DEP) pursuant to section 403.0885, Florida Statutes, and DEP Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency (EPA). The permit regulations require testing at all discharge location points for all municipalities which are performed by the County per this agreement. JSK/gf CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AS CO-PERMITTEE WITH ALL CO-PERMITTEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY; PROVIDING FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING AND INSPECTION SERVICES BY MIAMI-DADE COUNTY AND ALSO BETWEEN ALL CO-PERMITTEES FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL STORM SEWER SYSTEMS, AT AN ANNUAL COST NOT TO EXCEED FIFTEEN THOUSAND SEVEN HUNDRED FORTY-FIVE ($15,745) DOLLARS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 403.0885, Florida Statutes, on June 21, 2011, the Florida Department of Environmental Protection issued National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000003 ("Permit") to Miami-Dade County (the "County") and the co-permitees named in the NPDES Permit (the "Co-permitees"); and WHEREAS, as one of the Co-permitees, the City of Aventura (the "City") is required to comply with the NPDES Permit conditions, which requires the City to perform monitoring and sampling activities relating to the City's stormwater system; and WHEREAS, the County has proposed entering into an interlocal agreement, attached hereto as Exhibit'A,"with the City and participating Co-permitees (the"Interlocal Agreement") to provide pollutant discharge identification and control services for Municipal Separate Storm Sewer Systems (MS4s) located in the County (the "Services"); and WHEREAS, the City's cost share under the Interlocal Agreement for the Services would be $15,745 per year, subject to change based on the number of outfalls attributable to the City; and WHEREAS, the City Commission desires to approve the Interlocal Agreement, in substantially the form attached hereto as Exhibit"A,"with the County and the participating Co-permitees in order to receive the Services needed for the NPDES Permit; and City of Aventura Resolution No. 2022- WHEREAS, the City Commission finds that this Resolution and the Interlocal Agreement are in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The above stated recitals are hereby ratified and confirmed. Section 2. Agreement Approved. The Agreement, in substantially the form attached hereto as Exhibit "A", is hereby approved. Section 3. Implementation. The City Manager is hereby authorized to execute the Agreement, and to take all actions necessary to implement the Agreement and the purposes of this Resolution Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 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 INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS This Interlocal Agreement ("Agreement") is made and entered into by, and between, CO-PERMITTEES named in Florida Department of Environmental Protection Permit Number FLS000003, Authorization to Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for identification and control of discharges from any and all Municipal Separate Storm Sewer Systems (MS4s)that may be shared by any of the parties to this Agreement, as required by the State of Florida Department of Environmental Protection (hereinafter referred to as DEP) pursuant to Section 403.0885, Florida Statutes, and DEP Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter referred to as the "EPA") National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Permit Regulations for Storm Water Discharges Final Rule (hereinafter referred to as "NPDES Final Rule"). This Agreement further provides for the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed by Miami-Dade County on behalf of both the CO-PERMITTEES and MIAMI-DADE COUNTY. Section I Definitions For purposes of this Agreement, the following terms shall apply: AGREEMENT shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CO-PERMITTEE or CO-PERMITTEES shall mean the following municipalities and agencies named in NPDES Permit No. FLS000003 as CO-PERMITTEES: City of Aventura, Bal Harbour Village, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of Key Biscayne, Town of Medley, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa- locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of Transportation District Six (FDOT District Six), , Miami-Dade Expressway Authority (MDX), and Miami-Dade County. For the purposes of this Interlocal Agreement, Florida Department of Transportation Turnpike Enterprise (FDOT Turnpike Enterprise) is not included in this definition of CO-PERMITEE or CO-PERMITTEES. COUNTY shall mean Miami-Dade County FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124. Section II Term of Agreement This Agreement shall become effective, and supersede the current interlocal agreement, on October 1, 2022, and expire on September 30, 2027. Section III Scone of Work The parties hereto agree that the DEP is requiring, as part of the NPDES MS4 Operating Permit, the sampling, monitoring, and analysis of a variety of storm sewer systems throughout Miami-Dade County. The parties hereby agree that the historical water monitoring annual costs (Activity 1) and Pollutant Loading Calculations and/or other required tasks related to Impaired Waters Rule (IWR) monitoring and analyses costs (Activity 2) attributable to this operating permit shall be shared by all CO-PERMITTEES, and the costs shall be based on a percentage rate obtained by dividing the number of outfalls of each CO-PERMITTEE by the total number of outfalls of all CO-PERMITTEES in accordance with Attachment A of this Agreement. Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements, making each NPDES CO-PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO- PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to shared responsibilities in the identification and control of discharges from one MS4 to another. Section IV COUNTY's Obligations 1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and sampling activities as required in Miami-Dade County's NPDES MS4 Operating Permit. 2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of permits and approvals required by CO-PERMITTEES, if any, which shall be obtained by the respective CO-PERMITTEE), which are required to perform activities under the NPDES MS4 Operating Permit. 3. Report The COUNTY shall provide the CO-PERMITTEES with a report, on an annual basis, with the results of the monitoring and sampling activities required under the NPDES Operating Permit. 4. Notice of COUNTY Meeting The COUNTY shall provide the CO-PERMITTEES with oral or written notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status with the NPDES MS4 Operating Permit. 2 Section V CO-PERMITTEES' Obligations 1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CO-PERMITTEE'S geographic boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO- PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit. 2. Compensation Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed over the preceding fiscal year in accordance with Attachment "A", and as specified in the Execution in Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year. Payment by the CO-PERMITTEE is to be made not later than forty-five (45) days after the bill presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and paid by the CO-PERMITTEES during the following fiscal year. 3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems which may be located within the CO-PERMITTEE'S geographic boundary. Section VI Indemnification Each CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CO-PERMITTEE or its employees, agents, servants, partners, principals or subcontractors. Each CO-PERMITTEE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs,judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO- PERMITTEE. Provided further that any CO-PERMITTEE's liability hereunder shall be based on that CO- PERMITEE's performance of this Agreement only, and no CO-PERMITTEE shall be liable for indemnification based on another CO-PERMITTEE's performance of this Agreement. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed as impacting or modifying the protections set forth therein. 3 Section VII County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of Default". If a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CO-PERMITTEE; 2. Any and all rights provided under federal laws and the laws of the State of Florida. Section VIII Co-Permittee Event of Default Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "CO-PERMITTEE Event of Default". If a CO-PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1. The right to declare that this Agreement together with all rights granted to CO-PERMITTEE hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. Section IX General Provisions 1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit Each CO- PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and BMAP portions under the NPDES MS4 Operating Permit. 2. Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEES may, but are not required to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of the NPDES MS4 Operating Permit. 3. Responsibility for Discharges The CO-PERMITTEES shall each be responsible for the control, investigation of and remedial activities relating to discharges of pollutants from within their respective MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO- PERMITTEE,pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). 4. Identification of Discharges Both the CO-PERMITTEE whose stormwater system generates a pollutant discharge that impacts another CO-PERMITEE'S system and the impacted CO- PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source 4 of pollutant discharges emanating from the separate storm sewer system of one CO-PERMITTEE to the separate storm sewer system of another CO-PERMITTEE. 5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If the COUNTY discovers a discharge in the separate storm sewer system of a CO-PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO-PERMITTEES. When an investigation specifically identifies a NPDES CO- PERMITTEE as the source of a pollutant discharge, then that CO-PERMITTEE shall be responsible for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in accordance with applicable standards. 6. Dispute Resolution When the parties sharing a MS4 cannot agree on the source of a discharge to their shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of discharge, remediation, and final resolution. 7. Termination Each parry may terminate that particular parry's participation in this Agreement without cause by providing sixty (60) days prior written notice of termination to the other parties to this Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination without cause by the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any parry, the NPDES MS4 Operating Permit status of that parry shall be the sole responsibility of that parry. In the event of termination by a CO-PERMITTEE, that CO-PERMITTEE shall owe the COUNTY for all services rendered or performed by the COUNTY, including those which had not yet been invoiced or billed to the CO-PERMITTEE. Upon receiving invoice from the COUNTY for such services, the CO-PERMITTEE shall promptly pay the COUNTY in full, no later than thirty (30) days from receipt of invoice. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. 9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section I of this Agreement. 5 11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. 12. Ri2hts of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. 14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United States. The COUNTY and the CO-PERMITTEE agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. 15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. 16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 17. Number of Outfalls If requested, the COUNTY will review and adjust on an annual basis the number of outfalls of each CO-PERMITTEE during the month of March for each fiscal year the Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to recalculate each CO-PERMITTEE'S share of the total annual costs. CO-PERMITTEES may submit relevant outfall information to be included in the review during a two month period, from Januarylst to February 28th of the year immediately preceding the start of the fiscal year of the intended changes. In the event of a change, an updated Attachment"A" shall be provided to CO-PERMITTEES annually by March 31't for budgetary purposes. 18. Maximum Annual Costs Each CO-PERMITTEE'S maximum (not to exceed) financial commitment under this Agreement is shown in Attachment "A". It should be noted that the CO-PERMITTEE's cost share may change (+/-) based on any changes made to the Number of Outfalls during the annual reviews. Such changes shall be reflected in an updated Attachment "A". Actual annual expenditures invoiced by the COUNTY for water quality monitoring and related activities, IWR, and Pollutant Loading Calculation activities performed, will not exceed the CO-PERMITTEE'S total annual cost shown in Attachment"A"for that fiscal year. 6 Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The FDOT District Six will execute a separate agreement with Miami-Dade County, which is similar in scope and intent to this Agreement, due to State of Florida requirements. IN WITNESS WHEREOF, THE CITY OF AVENTURA, FLORIDA, by its City Commission attests that this Agreement be executed in its name by the City Manager attested by the City Clerk. Co-Permittee selection of Activities detailed in Attachment"A": Activity I (Water Monitoring and Annual Analyses Report) - By signing this Agreement, we agree to participate and be invoiced for this Activity. Activity 2 (Pollutant Loading Calculations or other NPDES Permit-required Task) [ ] Yes, we wish to participate [ ] No, but we reserve the right to request participation in subsequent fiscal years The Co-Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise modified by the Co-Permittee. Each Co-Permittee may elect to modify their selections shown above every fiscal year the Agreement remains in place, and any such modifications shall only apply prospectively to work that has not yet been performed. Ronald J. Wasson, City Manager Signature Date Ellisa L. Horvath, City Clerk Signature Date Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached. MIAMI-DADE COUNTY Stephen P. Clark Center 111 N.W. 1 Street Miami, FL 33128 Mayor or Mayor's Designee Date HARVEY RUVIN, CLERK Attest: Deputy Clerk Date 8 ATTACHMENT"A" Miami-Dade County Co-Permittees NPDES Interlocal Agreement Water Monitoring Annual Estimated Costs Fiscal Year 2023 to 2026 Activity 1 Activity 2 Activity 1+2 Number of Percent of Pollutant ttee Municipality/Agency Total Historical Loading or Other Annual Cost Outfalls Outfalls Monitoring and Annual Cost Analyses Permit (not-to-exceed) Requirements 1 Aventura, City of 175 2.10 $13,646 $2,099 $15,745 2 Bal Harbour Village 10 0.12 $780 $120 $900 3 Bay Harbor Islands, Town of 58 0.70 $4,523 $696 $5,218 4 Coral Gables, City of 113 1.36 $8,811 $1,356 $10,167 5 Cutler Bay, Town of 194 2.33 $15,127 $2,327 $17,454 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 6 Doral, City of 368 4.41 $28,695 $4,415 $33,109 7 El Portal,Village of 11 0.13 $858 $132 $990 8 Golden Beach, Town of 12 0.14 $936 $144 $1,080 9 Hialeah Gardens, City of 12 0.14 $936 $144 $1,080 10 Homestead, City of 182 2.18 $14,191 $2,183 $16,375 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 11 Indian Creek Village 33 0.40 $2,573 $396 $2,969 12 Key Biscayne,Village of 36 0.43 $2,807 $432 $3,239 13 Medley, Town of 45 0.54 $3,509 $540 $4,049 14 Miami Beach, City of 312 3.74 $24,328 $3,743 $28,071 15 Miami Gardens, City of 402 4.82 $31,346 $4,822 $36,168 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 16 Miami Lakes, Town of 350 4.20 $27,291 $4,199 $31,490 17 Miami Shores,Village of 34 0.41 $2,651 $408 $3,059 18 Miami Springs, City of 27 0.32 $2,105 $324 $2,429 19 North Bay Village, City of 71 0.85 $5,536 $852 $6,388 20 North Miami Beach, City of 211 2.53 $16,453 $2,531 $18,984 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 21 North Miami, City of 207 2.48 $16,141 $2,483 $18,624 22 Opa-locka, City of 74 0.89 $5,770 $888 $6,658 23 Palmetto Bay,Village of 106 1.27 $8,265 $1,272 $9,537 24 Pinecrest,Village of 72 0.86 $5,614 $864 $6,478 25 South Miami, City of 30 0.36 $2,339 $360 $2,699 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 26 Sunny Isles Beach, City of 69 0.83 $5,380 $828 $6,208 27 Surfside, Town of 11 0.13 $858 $132 $990 28 ' Virginia Gardens,Village of 5 0.06 $390 $60 $450 29 ' West Miami, City of 5 0.06 $390 $60 $450 30 FDOT District VI 1,687 20.24 $131,544 $20,238 $151,781 .............................................................................................................................................................................................................................................................................................. .............................................................................................................................................................. ......................................................................................... 31 MDX 456 5.47 $35,557 $5,470 $41,027 32 Unin. Miami-Dade County 2,958 35.48 $230,650 $35,485 $266,135 ANNUAL TOTALS(Not to Exceed) 8,336 100.00 $650,000 $100,000 $750,000 NOTES: Co-Permittees with no outfalls have been assigned a value of 5 outfalls.Activity 1 fixed annual cost= $390 Activity 1 (mandatory)-Historical sampling, monitoring, lab analyses, and annual water monitoring report Activity 2 (optional)- Pollutant Loading Calculations or other tasks to satisfy required permit conditions CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Joseph S. Kroll Public Works/Trans ortation Director. p p DATE: July 15, 2022 SUBJECT: Bid No. 22-05-04-3 — Rights-of-Way Landscape Maintenance Services July 19, 2022 City Commission Meeting Agenda Item 5G RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 22-05-04-3 Rights-of-Way Landscape Maintenance Services to the lowest responsible and responsive bidder; BrightView Landscape Maintenance Services, Inc. with a bid of$ 952,451.92 annually. BACKGROUND The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Tuesday, May 10, 2022 at 3 PM. Eight qualified bids were received as follows: BrightView Landscape Maintenance Services, Inc. $ 952,451.92 Annually Grass Roots Complete AKA GRC Services $170067053.00 Annually Coco Tree Service Corp $171617360.00 Annually VisualScape, Inc. $172947477.70 Annually Sebastian (KP) Enterprise, Inc. $175937236.16 Annually SFM Services Inc, $176397878.00 Annually Superior Landscaping & Lawn Service, Inc. $176547710.00 Annually GroundTek, LLC. $177957186.00 Annually The bid is based on pricing for landscape and maintenance services, supplies and labor for the City rights-of-way landscape maintenance services. This is a three-year term contract with the City having sole rights to extend the contract for one (1) additional three (3) year term. A reference check of the low responsive bid resulted in a positive recommendation. The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Public Works/Transportation Director. Funding: This expense will be funded through Public Works/Transportation account No. 120-5401-541-34.50 and No. 410-5401-538.34-50 Landscape/tree maintenance. Budgeted amount for this contract is $1,100,000.00. Contract effective October 1, 2022. JSK/gf JSK22012 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR BID NO. 22-05- 04-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE CITY RIGHTS OF WAY, TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID AWARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 22-05-04-3 CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE CITY RIGHTS OF WAY; and WHEREAS, staff has determined that Brightview Landscape Maintenance Services, Inc. ("Brightview") has submitted the lowest responsible and responsive bid for said project; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the contract for BID NO. 22-05-04-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE CITY RIGHTS OF WAY is hereby awarded to Brightview at the bid price as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute a contract with Brightview for the services described in the Bid. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and City of Aventura Resolution No. 2022- for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 120-5401-541.34-50 and 410-5401-538.34-50. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 City of Aventura Right-of-Ways,Public Works Landscape Maintenance Services Bid#22-05-04-3 BID TABULATION Bid Opening after 3:00 PM on Tuesday, May 10, 2022 Bidder Item# Description TOTAL COST PER 12 MONTHS Sebastian(KP) Right-of-Ways,Public Works and Enterprises,Inc.dba Reef Landscape Maintenance Services Landscaping 1 within the scope of this project $ 1,312,674.36 Unit price shall be delivered and in-place:includes removal of Seasonal Color Replacement,4 l2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $1.59 x 165,000 per 2* year year=$ 262,350.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 19.05 x 322 Royal Palms=$ 6,134.10 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 19.05 x 322 Royal Palms=$6,134.10 TOTAL Pheonix Dactylifer/Phoenix carariensis 5* Maintenance Per Application (Three applications per year) $19.05 x 104 Date Palms x 3=$ 5,943.60 TOTAL ***TOTAL BASE BID $1,543,236.16 NOTE: Bidder incorrect multiply and carried price extended for the following Item#2&5 Item 2,$1.59 x 165,000=$262,350.00 Item 3,$19.05 x 104 x3;yielding an incorrect price of$1,921.20.Price Extended$5,943.60 Bidder omitted three applications per year multiplier. TOTAL BASE BID ***Due to math error base bid change from$1,588,861.29 to$1,593,236.16 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works and Superior Landscaping& Landscape Maintenance Services Lawn 1 within the scope of this project $1,389,960.00 Unit price shall be delivered and in-place:includes removal of Seasonal Color Replacement,4 1/2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 1.46 x 165,000 2 year per year=$ 240,900.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 20.00 x 322 Royal Palms = $ 6,440.00 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 25.00 x 322 Royal Palms =$ 8,050.00 TOTAL Pheonix Dactylifer/Phoenix carariensis 5* Maintenance Per Application (Three applications per year) $ 30.00 x 104 Date Palms x 3=$9,360.00 TOTAL **TOTAL BASE BID $1,654,710.00 Page 1 of 4 City of Aventura Right-of-Ways,Public Works Landscape Maintenance Services Bid#22-05-04-3 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works and Landscape Maintenance Services SFM Services 1 within the scope of this project $ 1,331,520.00 Unit price shall be delivered and in-place:includes removal of Seasonal Color Replacement,4%2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $1.75 x 165,000 2 year per year=$ 288,750.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 21.00 x 322 Royal Palms=$ 6,762.00 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 21.00 x 322 Royal Palms=$ 6,762.00 TOTAL Pheonix Dactylifer/Phoenix carariensis 5 Maintenance Per Application (Three applications per year) $ 19.50 x 104 Date Palms x 3=$6,084.00 TOTAL TOTAL BASE BID $1,639,878.00 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works an Landscape Maintenance Services Visual Scape 1 within the scope of this project $ 999,235.20 Unit price shall be delivered and in-place:includes removal of Seasonal Color Replacement,4'/2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 1.70 x 165,000 2 1year per year=$ 280,500.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 12.50 x 322 Royal Palms=$ 4,025.00 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 18.75 x 322 Royal Palms=$ 6,037.50 TOTAL Pheonix Dactylifer/Phoenix carariensis 5 Maintenance Per Application (Three applications per year) $ 15.00 x 104 Date Palms x 3=$ 4,680.00 TOTAL TOTAL BASE BID $1,294,477.70 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works and Landscape Maintenance Services Aero GroundTek 1 within the scope of this project $ 1,421,100.00 Seasonal Color Replacement,4'/2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 2.05 x 165,000 2 year per year=$ 338,250.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 23.00 x 322 Royal Palms= $ 7,406.00 TOTAL Page 2 of 4 City of Aventura Right-of-Ways,Public Works Landscape Maintenance Services Bid#22-05-04-3 Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 35.00 x 322 Royal Palms= $11,270.00 TOTAL Pheonix Dactylifer/Phoenix carariensis 5 Maintenance Per Application (Three applications per year) $ 55.00 x 104 Date Palms x 3=$ 17,160.00 TOTAL TOTAL BASE BID $1,795,186.00 TOTAL COST PER Bidder Item# Description 12 MONTHS Right-of-Ways,Public Works and Landscape Maintenance Services Coco Tree Services 1 within the scope of this project $ 904,104.00 Seasonal Color Replacement,4 11/2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 1.50 x 165,000 2 year per year=$ 247,500.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 9.00 x 322 Royal Palms= $ 2,898.00TOTAL 4 (one application Per Application including follow up per year) $ 15.00 x 322 Royal Palms=$ 4,830.00 TOTAL Pheonix Dactylifer/Phoenix carariensis 5 Maintenance Per Application (Three applications per year) $ 6.50 x 104 Date Palms x 3=$ 2,028.00 TOTAL TOTAL BASE BID $1,161,360.00 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works an Landscape Maintenance Services BrightView Landscaping 1 within the scope ofthis project $ 724,999.92 Seasonal Color Replacement,4'/2" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 1.30 x 165,000 2 1year per year=$ 214,500.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 8.00 x 322 Royal Palms= $ 2,576.00 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) $ 8.00 x 322 Royal Palms= $ 2,576.00 TOTAL Pheonix Dactylifer/Phoenix carariensis 5 Maintenance Per Application (Three applications per year) $ 25.00 x 104 Date Palms x 3=$7,800.00 TOTAL TOTAL BASE BID $952,451.92 Note:Item 1,Price Extended for 12 months should be$724,999.92 instead of$725,000.00 Page 3 of 4 City of Aventura Right-of-Ways,Public Works Landscape Maintenance Services Bid#22-05-04-3 Bidder Item# Description TOTAL COST PER 12 MONTHS Right-of-Ways,Public Works and Grass Roots Complete Landscape Maintenance Services aka GRC Services 1 within the scope of this project $ 786,690.00 Seasonal Color Replacement,4'lz" prior season's flowers,fertilization,soil and soil amendmens,and pot,full 55,000 X 3 changes per pre-emergent herbicide as per specifications. $ 1.25 x 165,000 2 lyear per year=$ 206,250.00 TOTAL Merit Soil Drench for Royal Palms 3 (One application Per Application including follow up per year) $ 8.25 x 322 Royal Palms= $ 2,656.50 TOTAL Cygon Foliar Spray for Royal Palms 4 (one application Per Application including follow up per year) LPeA 322 Royal Palms= $ 2,656.50 TOTAL Pheonix DactyliferfPhoenix carariensi 5 Maintenance cation (Three applications per year) 104 Date Palms x 3= $7,800.00 TOTAL TOTAL BASE BID $1,006,053.00 Note:Item 1,Price Extended for 12 months should be$786,690.00 instead of$786,450.00 Rank Bidder Base Bid 1 BrightView Landscape $ 952,451.92 Maintenance Inc 2 Grass Roots Complete aka GRC $ 1,006,053.00 Services 3 Coco Tree Service Corp $ 1,161,360.00 4 VisualSca e,Inc. $ 1,294,477.70 5 Sebastian(KP)Enterprise,Inc.dba $ 1,593,236.16 6 SFM Services,Inc. $ 1,639,878.00 7 Superior Landscaping&Lawn $ 1,654,710.00 Services Inc. 8 GrounclTek,LLC $ 1,795,186.00 Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation,if any,are hereby rejected as late. *Bid Manuel,Section 2 Item 2.5-Mistakes:If there is a discrepancy in the unit and extended prices,the unit price(s) will prevail and the extension adjusted to coincide.Bidders are responsible for checking their calculations.Failure to do so will be at the bidder's risk and errors will not release the bidder from their responsibility as noted herein. Name: Indra Sarju Dated: Page 4 of 4 CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager ' BY: Kimberly S. Merchant, Community Services Director , DATE: July 15, 2022 SUBJECT: Resolution Awarding RFP No. 22-06-09-3 Youth Sports Management Services to the Firm of Aventura Sports, LLC July 19, 2022 City Commission Meeting Agenda Item 5H RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution that awards RFP No. 22-06-09-3 to Aventura Sports, LLC. The resolution authorizes the City Manager to enter into a three-year contract for services based on their RFP Proposal. BACKGROUND In accordance with the City's purchasing ordinance, a Request for Proposals (RFP) to provide Youth Sports Management Services was solicited, advertised, and opened on June 9, 2022. Only one qualified bid was received, that being from Aventura Sports, LLC. Since 2004, the City has contracted with the private sector to provide recreation program management services. Compensation to contractors is based on a 75-80% revenue share that is derived from registration fees with the City retaining 20-25%. The City collects all revenues and then pays the contractor on a monthly basis. The RFP asked for the following information: ✓ Qualification and experience of firm and personnel. ✓ Firm's size, age, and organization. ✓ Firm's experience with providing similar youth sports services. ✓ Compensation formulas including the requested percentage of revenues derived from registration fees and a cost basis for providing qualified personnel on an hourly basis. ✓ Any other information they felt is appropriate to assist in the selection process The following is a brief summary of events that led to the recommendation of Aventura Sports, LLC. 1. One RFP proposal was received and publicly opened on June 9, 2022 from the following firm: Aventura Sports, LLC 2. Aventura Sports, LLC has been providing these services to the City since 2016. 3. Based on their RFP submittal and the past performance of Aventura Sports, LLC, both the Parks and Recreation Manager and the Community Services Director are recommending entering into another contract with the company. A contract establishing the scope of work and fees is attached. The owners of Aventura Sports, LLC, have been providing after school, intramural and competitive sports programs at ACES since 2005. They are dedicated to providing a comprehensive youth sports program through extensive staff training that will ensure selecting qualified youth coaches; and establishing a youth sports program that focuses on safety, skills training, qualified officiating, family involvement and effectively communicating with parents. It is recommended that the City Commission adopt the attached resolution awarding the attached contract to Aventura Sports, LLC. Attachments CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP 22-06-09-3 TO AVENTURA SPORTS, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA SPORTS, LLC TO PERFORM YOUTH SPORTS MANAGEMENT SERVICES AS SET FORTH IN RFP 22-06-09-3; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the City Purchasing Ordinance, proposals were submitted for YOUTH SPORTS MANAGEMENT SERVICES (RFP No. 22-06-09-03); and WHEREAS, Aventura Sports, LLC ("Aventura Sports") was the sole bidder submitting a qualified proposal; and WHEREAS, the City Commission upon the recommendation of the City Manager, wishes to award a three-year agreement with Aventura Sports for these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. RFP NO. 22-06-09-3, YOUTH SPORTS MANAGEMENT SERVICES is hereby awarded to Aventura Sports, LLC. Section 2. The City Manager is hereby authorized to execute the attached Agreement between the City of Aventura and Aventura Sports, LLC to perform Youth Sports Management Services as per the provisions and specifications set forth in RFP 22-06-09-3. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 EXHIBIT"A" AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA SPORTS, LLC TO PROVIDE YOUTH SPORTS MANAGEMENT SERVICES THIS AGREEMENT is entered into this 19t" day of July, 2022 between the City of Aventura, a Florida municipal corporation, (CITY), and Aventura Sports, LLC (CONTRACTOR). WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide youth sports management services; and WHEREAS, the CONTRACTOR desires to provide youth sports management services to the CITY and its residents. ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1.1 Provide professional youth sports management services for CITY residents at the Aventura Community Recreation Center, CITY parks and facilities in accordance with the conditions and specifications as set forth in RFP # 22-06-09-3 and all existing and future rules, regulations, and procedures relating to the usage of the CITY's facilities. 1.2 Conduct all youth sports leagues, programs and services as assigned by the City Manager, or his designee, in a professional, careful and responsible manner with due regard for the safety of the participants and others, during normal operating hours. CONTRACTOR shall also advise the Community Services Director, in writing, of all schedules, to which the Community Services Director may recommend changes. 1.3 Be solely responsible, at CONTRACTOR's sole expense, for securing, providing and compensating all assistants, instructors, coaches, officials, and other personnel costs associated with providing youth sports, or as required by the CITY, at its sole discretion. The CITY shall provide the necessary sports equipment, classrooms, athletic fields, and facilities for all recreation programs, and shall register participants for all programs as described in Section 3.2 set forth in RFP # 22-06-09-3 at no cost to the CONTRACTOR. The CITY will provide office space where available. 1.4 Be solely responsible for procuring, providing and paying for player and staff uniforms, transportation, supplies, and all other costs associated with providing youth sports as may be required, and to perform these professional recreation management services safely and adequately. 1.5 Actively recruit and train employees to fulfill the roles of coaches, officials, scorekeepers, team parents, and other capacities for youth sports programs and leagues. All employees that are completing field set up must undergo a safety training by CITY employees. 1.6 Provide all youth sports programs and leagues as directed by the Community Services Director, at her sole discretion. The Community Services Director shall authorize each activity, class, league, or program prior to planning registration and approve all schedules prior to conducting registration. 1.7 Provide proof or documentation that all officials used by CONTRACTOR are certified, as approved by the Community Services Director, prior to the start of each league. 1.8 Provide the CITY with a copy of rules for each league or program for CITY approval prior to the start of each season. 1.9 Provide that all coaches involved in youth sports or leagues shall be certified by the NYSCA (National Youth Sports Coaches Alliance), NAYS (National Association of Youth Sports), FYSA (Florida Youth Soccer Association), or other approved sanctioning organization. 1.10 Advise the CITY, at no charge, of specific purchasing needs including all other related costs. 1.11 Provide the CITY with any special maintenance requirements with at least seven (7) days prior notice. CITY shall approve all uniforms prior to issuance. 1.12 Actively supervise all youth sports programs, leagues, and other services, providing a minimum of one employee for each site during all activities. A 1/10 supervision ratio shall be maintained at all times for all programs and other activities. 1.13 Provide active supervision of all youth sports teams during all practices, clinics, and games. All children shall be constantly and appropriately supervised by qualified adults at all times. 1.14 Recognize that all City facilities shall be available for general public use at any time, except for league games, or as otherwise authorized by the Community Services Director. 1.15 Be responsible for enforcing compliance with the approved rules for all youth sports programs, leagues and activities. The CITY reserves the right to enact other rules, if necessary, at its sole discretion. 1.16 Have all of the CONTRACTOR's volunteers and employees complete Florida Department of Law Enforcement (FDLE) Volunteer and Employee Criminal History Screening (VECHS) or Florida Department of Children and Families (DCF) background screening in accordance with the Community Services Department 21Pag Policy 06-01 prior to having contact with children. All background screening shall be completed using the CITY's LIVESCAN device during the times and dates as determined by the CITY. Furthermore, the CITY reserves the right to enforce trespass laws upon and/or suspend, bar, ban, or expel any CONTRACTOR employee, coach, volunteer, counselor, or instructor from any CITY facility, park or center for any reason, at its sole discretion, without recourse from the subject person or the CONTRACTOR. 1.17 Be responsible for enforcing compliance with the approved rules for all youth sports programs, leagues, and activities. The CITY reserves the right to enact other rules, if necessary, at its sole discretion. 1.18 Term - This Agreement will be effective upon execution by both parties and will continue for a term of three (3) years from the date of execution by the City. The City has the right, at its sole option, to renew the Agreement for one (1) additional three (3) year period or any portion thereof. Aventura Sports LLC (Contractor) reserves the right to request the opportunity to negotiate the agreed upon terms yearly prior to commencement of a renewed contract year. In the event the City exercises such right, all terms and conditions, and requirements of the Agreement, including all costs, will remain the same as specified in the Agreement and apply during the renewal period(s). No Work is to commence until a written authorization is issued by the Community Services Director. 1.19 Notices - Whenever either party desires to give written notice to the other relating to the Agreement, such must be addressed to the party for whom it is intended at the place specified below; and the place for giving the notice will remain until it is changed by written notice in compliance with the provisions of this Article. Notice will be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice will be deemed given on the date sent via e-mail or facsimile. Notice will be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City: Mr. Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura, FL, 33180 Kimberly S. Merchant Community Services Director City of Aventura 19200 West Country Club Drive Aventura, FL, 33180 For Contractor: Mr. Donald Krumrie 3 a Co-Owner 9876 NW 2nd Street Plantation, FL 33324 During the performance of the Program the Contractor must maintain continuing communications with designated City representative (s). The Contractor must keep the City fully informed as to the progress of the Work under the Agreement. 1.20 Indemnification - The Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from and against all liability, claims, damages, losses and expenses, including reasonable attorney's fees and costs at both trial an appellate levels arising out of or resulting from the performance of the Work under this Agreement, caused by negligence, recklessness, intentional misconduct, or any act or omission of the Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor will in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 1.21 The Contractor agrees and recognizes that the City will not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Subcontractor, under this Agreement. The Contractor will defend the City or provide for such defense at its own expense, at the City's option. All travel, transportation, and offsite events provided by the Contractor as part of the Program(s) are covered under the indemnification provision. 1.22 Insurance - Without limiting any of the other obligations or liabilities of Contractor, the Contractor shall secure and maintain throughout the duration of this Agreement, insurance of such type and in such amounts necessary to protect its interest and the interest of the City against hazards or risks of loss as specified below. The underwriter of such insurance shall be qualified to do business in Florida, be rated B as to management and "Class V" as to strength or better as rated by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, The insurance carrier shall have agents upon whom service of process may be made in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers. Any insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include a minimum of: 1.22.1 Worker's Compensation and Employer's Liability Insurance: Coverage to apply for all employees for statutory limits as required by the State of Florida's Statutory 41Pag Workers' Compensation Law" and all applicable Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident and a waiver of subrogation. 1.22.2 Comprehensive Automobile and Vehicle Liability Insurance: This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims for injuries to members of the public and/or damages to property of others arising from the Contractor's use of motor vehicles or any other equipment and shall cover operation with respect to onsite and offsite operations and insurance coverage shall extend to any motor vehicles or other equipment irrespective of whether the same is owned, non-owned, or hired. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 1.22.3 Commercial General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and/or indemnification agreement. 1.22.4 Excess Liability Insurance: Contractor shall provide Certificates of Insurance demonstrating that the Contractor has excess liability insurance in an amount not less than $1,000,000. 1.22.5 Certificate of Insurance: Contractor shall provide the City with Certificates of Insurance for all required policies within fifteen (15) days of notification of a conditional award by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the City. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled, restricted, or a material change is made. Acceptance of the Certificate(s) is subject to approval of the City Manager or designee. 5 a 1.23 Additional Insured - The City is to be specifically included as an Additional Insured for the liability of the City resulting from operations performed by or on behalf of Contractor in performance of this Agreement. Contractor's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to Contractor's insurance. Contractor's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self-insured retentions must be declared to and be approved by the City Manager. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 1.24 Rules And Regulations - The Contractor will comply with all laws and regulations applicable to provision of the Programs specified in the Agreement. The Contractor must be familiar with and comply with all federal, state and local laws that affect the Services, including, but not limited to, those applicable to the Department of Children and Families' (DCF), Department of Health (DOH) and OSHA. The Contractor must comply with all of the City's park rules and regulations. 1.25 Protection of Property, Utilities, and the Public- The Contractor must protect public and private property from damage or loss arising in connection with the providing the Programs and take all necessary precautions to prevent accidents and injuries to persons or property on or near the Work. The Contractor is completely responsible for, and must replace and make good all loss, injury, or damage to any property (including landscaping, park amenities, or structure)s of the City or private property, and of any land adjoining the locations where Programs are being provided, which may be caused by Contractor. 1.26 Authority of City's Community Services Director - The City Manager hereby authorizes the Community Services Director to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to the providing of the Programs in accordance with the Agreement. The Community Services Director has the authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified in writing by the City. All interpretations and recommendations of the Community Services Director will be consistent with the intent of the Agreement Documents. All interpretations of the Agreement Documents will be issued by the City Manager, which will be binding upon the Contractor. 1.27 Subcontractors - The Contractor has been authorized to utilize the Subcontractors identified in the Agreement. The use of any other Subcontractors or the replacement of any approved Subcontractors requires the prior written approval of the Community Services Director. 61Pag 1.28 Taxes - Contractor must pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 1.29 Change Orders - The City reserves the right to order changes which may result in additions to or reductions in the Agreement and which are within the general scope of the Agreement and all such changes will be authorized only by a Change Order approved in advance, and issued in accordance with provisions of the City and the Agreement. Any changes to the Agreement must be contained in a written document, executed by the both parties. However, under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 1.30 Force Majeure - The City and Contractor will be excused from the performance of their respective obligations under the Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of equipment, or service from a public utility needed for their performance, provided that: The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance will not be excused under this Article for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. 1.31 Maintenance, Cleaning Up, City's Right To Clean-Up -The City will provide routine janitorial maintenance for the Facilities. The Contractor is responsible for cleaning- up any materials, supplies, debris, or other similar items resulting from the Programs. Should the Contractor fail to perform such clean-up the City has the right to perform the clean-up work and deduct the cost from any sums due the Contractor. 1.32 Storage Space - Storage space at the site where the Programs are to be provided is limited. Contractor may need to arrange alternate space for its equipment, 71Pag materials, and supplies. The space to be provided to the Contractor will be determined by the City's Community Services Director. 1.33 Utility Service - The City will provide the existing utility service to the Facilities for use in providing the Programs. 1.34 Claims - Any claim must be made by written notice by Contractor to the City's Community Services Director within five (5) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within ten (10) days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation must be provided unless the City's Community Services Director allows additional time for submission. The written notice must be accompanied by Contractor's written notarized statement that any adjustment(s) claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims and disputes will be determined in accordance with the Agreement. It is expressly and specifically agreed that any and all claims for changes to the Agreement will be waived if not submitted in strict accordance with the requirements of this Article. The Agreement time will be extended in an amount equal to time lost due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made as provided in this Article. Such delays include, but are not be limited to, Force Majeure, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes beyond the control of the Contractor, 1.34.1 The following circumstances shall not constitute Force Majeure: Economic hardship shall not constitute Force Majeure. 1.35 Removal of Unsatisfactory Personnel - The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Agreement. The Contractor must respond to the City within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). Contractor will not be entitled to any compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 8 a Failure of Contractor to comply with this Article as to any particular event of claim will be deemed conclusively to constitute a waiver of any and all claims resulting from that particular event. 1.36 Continuing the Program(s) - Contractor must continue to provide the Programs during all disputes or disagreements with City. Programs will not be delayed or postponed pending resolution of any disputes or disagreements. 1.37 Stop Work Order - The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Programs due to any conflict or potential conflict with other City events or operational requirements, storm related events or other similar circumstances. The City, where possible will make every effort to provide at minimum of forty-eight (48) hours advance notice or move the Program, if possible, to an alternative site. 1.38 Fraud and Misrepresentation - The City may terminate this Agreement with any person, individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with the City through fraud, misrepresentation, conflicts of interest, or material misstatement. Such person, individual, corporation, entity, or affiliate shall be responsible for all direct or indirect costs associated with termination or cancellation. 1.39 Set-Offs, Withholding, and Deductions - The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Agreement or by applicable law including, without limitation, the following: Any amount of any claim by a third party; Any unpaid legally enforceable debt owed by the Contractor to the City. The City will notify the Contractor in writing of any such withholdings. 1.40 Contractor Default - An event of default means a breach of the Agreement by the Contractor. Where an Event of Default ("Default") occur under the Agreement, the City may, at its sole discretion, notify the Contractor, specifying the basis for such Default, and advising the Contractor that such Default must be cured within a time frame specified by the City or the Agreement with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. Where a Default is not cured within the time specified to cure the Default, the City Manager in addition to all remedies available by law, may immediately, upon written notice to Contractor, terminate this Agreement. Contractor understands and agrees that termination of this Agreement under this Article will not release Contractor from any obligation accruing prior to the effective date of termination. 9 a Where the City erroneously terminates the Agreement for default, the termination will be converted to a Termination for Convenience, and the Contractor will have no further recourse of any nature for wrongful termination. 1.41 Termination For Convenience - In addition to cancellation or termination as otherwise provided for in the Agreement, the City may at any time, in its sole discretion, with or without cause, terminate the Agreement by written notice to the Contractor. Such Written Notice will state the date upon which Contractor shall cease all Work under the Agreement. In the event that the City exercises its right to terminate the Agreement pursuant to the Agreement Documents, the City will pay the Contractor for the Services provided under the Agreement until the date of Termination. In no event, will any payments under this Paragraph exceed the maximum cost set forth in the Agreement and the amount due hereunder may be offset by payments made to the Contractor or any claims made against the Contractor. Contractor will not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. 1.42 City May Avail Itself of All Remedies - The City may avail itself of each and every remedy stated in the Agreement or existing at law or in equity. The exercise or the beginning of the exercise, of one remedy will not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. 1.43 Compliance With Applicable Laws - The Contractor must comply with the most recent editions and requirements of all applicable laws, rule, regulations, codes, and ordinances of the Federal government, the State of Florida, Miami-Dade County, and the City. 1.44 Nondiscrimination, Equal Employment Opportunity, and Americans With Disabilities Act - Contractor must not unlawfully discriminate against any person, must provide equal opportunities for employment, and comply with all applicable provisions of the Americans with Disabilities Act in its performance of the Work under the Agreement. Contractor must comply with all applicable federal, State of Florida, Miami-Dade County, and City rules regulations, laws, and ordinance as applicable. 1.45 Independent Contractor - The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. 101Pag 1.46 Third Party Beneficiaries - Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party will be entitled to assert a claim against either of them based upon this Agreement. 1.47 Assignment or Sale of Agreement - The performance of this Agreement will not be transferred pledged, sold, merged, delegated or assigned, in whole or in part, by the Contractor without the prior written consent of the City. It is understood that a sale of ownership, the majority of the stock, or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors will each be deemed transactions that would constitute an assignment or sale hereunder. The City may request any information it deems necessary to review any request for assignment or sale of the Agreement. Any such actions identified above taken without the prior written consent of the City approval will be cause for the City to terminate this Agreement for default and the Contractor will have no recourse from such termination. Nothing herein will either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 1.48 Materiality and Waiver of Breach-City and Contractor agree that each requirement, duty, and obligation set forth in the Agreement is substantial and important to the formation of the Agreement and, therefore, is a material term hereof. The City's failure to enforce any provision of the Agreement will not be deemed a waiver of such provision or modification of the Agreement. A waiver of any breach of a provision of the Agreement will not be deemed a waiver of any subsequent breach and will not be construed to be a modification of the terms of the Agreement. 1.49 Defense of Claims - Should any claim be made or any legal action brought in any way relating to the Work under the Agreement, the Contractor must diligently render to the Claims any and all assistance which the City may require of the Contractor. 1.50 Funds Availability - Funding for this Agreement is contingent on the availability of funds and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. 1.51 Access to and Review of Records - City has the right to inspect and copy, at City's expense, the books and records and accounts of the Contractor which relate in any way to the Agreement. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. The Contractor must comply with the applicable provisions of Chapter 119, Florida Statutes and the City has the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. The 11JPag Contractor must retain all records associated with this Agreement for a period of five (5) years from the date of termination. 1.52 Time in Which To Bring Action Against the City- In the event the Contractor may be deemed to have a cause of action against the City, no action will lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Agreement by reason of any act or omission or requirement of the City or its agents, unless such action must be commenced within six (6) months after the date of issuance of a final payment under the Agreement, or if the Agreement is terminated under the provisions of the Agreement unless such action is commenced within six (6) months after the date of such termination by the City. 1.53 Contract Continuity -The City reserves the right to exercise its option to extend the Agreement for up to ninety (90) calendar days beyond the original Agreement period, inclusive of any Options to Renew exercised by the City. In such event, the City will notify the Contractor in writing of such extensions. 1.54 Applicable Law and Venue Of Litigation - This Agreement is enforceable in Miami- Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions the sole venue shall be Miami-Dade County, Florida. 1.55 Non-Exclusive Agreement - It is the intent of the City to enter into an Agreement with A successful Proposer(s) that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and Services, or any portion thereof, as it sees fit, including but not limited to: award of other contracts, use of another contractor, or perform the Work with its own employees. 1.56 Severability - In the event any provision of the Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision will be excised from this Agreement, and the remainder of the Agreement will continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Agreement in its entirety. An election to terminate the Agreement based upon this provision must be made within seven (7) calendar days after the finding by the court becomes final. 1.57 Agreement Documents Contains All Terms - The Agreement and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Agreement will be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 1.58 Entire Agreement - The Agreement, as they may be amended from time to time, represent the entire and integrated Agreement between the City and the Contractor 121Pag and supersede all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed in accordance with the requirements of this Agreement. Waiver by either party of a breach of any provision of the Agreement will not be deemed to be a waiver of any other breach of any provision of the Agreement. 1.59 Conflict of Provisions- In the event of any conflict between any provisions in any attached Exhibit and this Agreement, the parties agree that the provisions of this Agreement are controlling. 1.60 PUBLIC RECORDS LAW PUBLIC RECORDS 1. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. 2. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. 6. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. 13 a Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS Custodian of Records: City Clerk's Office Mailing address: 19200 West County Club Drive Aventura, FL 33180 Telephone number: 305-466-8901 Email: horvathe@cityofaventura.com 1.61 E-VERIFY Effective January 1. 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of, the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub- vendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Aventura. Should Vendor become the successful Contractor awarded for the above-named project, by entering into this Agreement, the Contractor becomes obligated to comply with the provisions of § 448.0957 FL. Statutes, as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees; and requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the statute, the Subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not 14 a be awarded a public contract by the City for a period of 1 year after the date of termination. ARTICLE 2 FEES AND COMPENSATION 2.1 COMPENSATION 2.1.1 City shall pay to the Contractor a contractor fee in the amounts collected by the City equal to 75-80% of the registration fees and program fees collected facilitated by the Contractor at any City facility. The revenue percentage is based upon the program per Aventura Sports LLC submitted proposal. 2.2 FEES are to be collected by the City 2.3 All fees paid for future years will established prior to the release publicly as mutually agreed upon, no later than July 1 st of each year. 2.4 CONTRACTOR shall not charge any participant for any other services not contained in the Agreement. 2.5 All items sold by CONTRACTOR shall be approved by the Community Services Director prior to offering any item for sale. 2.6 CONTRACTOR may solicit sponsors for recreational and travel sport leagues and programs, subject to CITY approval, at its sole discretion. Sponsors shall not be solicited without the express written consent of the Community Services Director. 2.7 Upon special request from the CITY, CONTRACTOR shall provide hourly employees. Those persons shall remain employees of CONTRACTOR, not CITY. CONTRACTOR shall charge an amount equal to 1.3 of the employee's hourly salary. CONTRACTOR shall provide CITY with a list of hourly rates annually for all personnel classifications. ARTICLE 3 SPECIAL TERMS AND CONDITIONS 3.1 Payment — the City shall provide the Contractor with a report for the revenue derived from all youth sports management services managed by the Contractor hereunder after City's background screening costs have been deducted if applicable. Said payments shall be due and payable by the fifteenth of each month for revenues derived from the previous month. 3.2 The City will take action to pay, reject or make partial payment on an invoice in accordance with the Florida Local Government Prompt Payment Act. No payments will be due or payable for Work not performed or materials not furnished or where 15 a the Work has not been accepted by the City. If there is a dispute with regard to an invoice, the City will pay the amount not in dispute and reject the remainder that is in dispute. 3.3 Deletion or Modification of Services - The City may during the term of the Agreement make modifications to the Services being provided. If the Contractor and the City agree on modifications or revisions to any Services such changes must be made through the execution of a change order executed by both parties. 3.4 Use of Property - City grants to the Contractor non-exclusive access for the limited use of the Facilities in "as-is" condition for providing the Programs. Use of the Facilities for any other activity(ies) is subject to the prior written approval of the Community Services Director. Such approval will be at the sole discretion of the Community Services Director. 3.5 Program Conflicts —the Community Services Director, in his or her sole discretion, may change or cancel any activity due to inclement weather, special events, conflicting schedules, Program events or Services, for unforeseen circumstances or emergencies including, but not limited to, maintenance of the Property, or for any reason that is in the best interest of the City. 3.6 Maintenance of the Facilities - The City will provide routine maintenance, utilities, and solid waste for the Facilities. Maintenance above and beyond what is normally provided for use of the Facilities will be provided by the Contractor, subject to the prior written approval of the Community Services Director. 3.7 Management of Staff and Program Participants — the Contractor agrees to monitor and control all Program participants, including, but not limited to Contractor's staff, instructors, volunteers, guests and invitees while at the City facilities and during any activities organized by the Contractor at the Facilities. Contractor must comply, at its own cost, with the City's Community Services Department background policy, requiring the Contractor to conduct level 2 background investigations for all instructors, employees, or volunteers prior to the use of the Property under this Agreement. These investigations must meet the requirements for the Level 2 background and screening requirements as set forth in Section 435.04, Florida Statutes. Contractor must not allow any instructor, employee, or volunteer who does not meet the above stated requirements to provide any Service under this Agreement. An affidavit indicating all staff and volunteers associated with the operation of Programs, classes and/or activities under a Program(s) for the Contractor have passed both a criminal background screening and drug screening prior to the start of the particular program, class, and/or activities. A new Affidavit is required on an annual basis. 16 a Furthermore, the CITY reserves the right to enforce trespass laws upon and/or suspend, bar, ban, or expel any CONTRACTOR employee, coach, volunteer, counselor, or instructor from any CITY facility, park, or center for any reason, at its sole discretion, without recourse from the subject person or the CONTRACTOR. 3.8 Contractor shall ensure that all volunteers and staff obtain ID's issued by the City and have their ID's visible at all times while on the City Facilities. 3.9 Alteration and Improvement to the Facilities the Contractor must not make any permanent or temporary alterations, improvements or additions to the Facilities, including, but not limited to, Park areas, as well as signs and banners, without the prior written consent of the Community Services Director. Any alteration, improvement or addition to the Facilities approved by the Community Services Director must be designed, constructed with appropriate permitting, installed, and maintained in a good, safe and workmanlike manner, and will be provided solely at the Contractor's expense. Unless otherwise agreed in writing by the City, any alteration, improvement or addition to the Facilities made by Contractor shall be removed by Contractor at the expiration date or earlier termination date of the Agreement. If the City desires to retain any alteration, City will notify Contractor in writing of its intent prior to the termination date of this Agreement. 3.10 City Right to Observe and Inspect—the City has the right, but not the obligation, at any time, to have one or more of its representatives present during the Program(s) to observe the Contractor's Program(s), use of the Facilities, and make any inspections the City deems necessary. The purpose of such observations and inspections are to ensure the Contractor's compliance with the terms and conditions of this Agreement. 3.11 Marketing -The Community Services Director will develop marketing materials.Any additional marketing and promotional materials must be approved by the City and the costs will be at the sole expense of the Contractor. All marketing and promotional materials are subject to the prior written approval of the City Manager or designee. 3.12 Signage —the Contractor will not install or place any signs on City Property without the prior written approval of the Community Services Director. 3.13 Liability Release and Waiver Requirements - The Contractor must require all staff, volunteers, and Program participants of legal age to submit to the Contractor signed liability release and waiver forms drafted or approved by the City, releasing the City and the City's officers, employees, and agents, from any and all liability in connection with participation in Contractor Program(s). The Contractor must require all Contractor's staff, volunteers, and Program participants not of legal age to submit Contractor liability release and waiver forms signed by their parents or legal guardians, drafted or approved by the City, and releasing the City and the City's 171Pag officers, employees, and agents, from any and all liability in connection with such individual's participation in the Contractor's Program(s). Contractor must retain all such forms on file. The City may inspect and copy such release and waiver forms at any reasonable time. 3.14 Transportation of Program Participants - Where the Contractor provides transportation for Program participants, inclusive of trips, transportation from a destination to the Facilities, etc., the Contractor is solely responsible for all cost associated with such transportation for Programs even if the fees are paid by the City. All vehicles must be fully insured as required by this Agreement and such vehicles are subject to inspection by City staff. Vehicles not acceptable to the City for use under the Agreement must be replaced by the Contractor at no additional cost to the City. 181Pag GOVERNING LAW, this Agreement shall be construed in accordance with the laws of the State of Florida with venue lying in Miami Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the date above: CITY OF AVENTURA BY: Ronald J. Wasson City Manager ATTEST: Ellisa L. Horvath, MMC City Clerk APPROVED AS TO LEGAL FORM: City Attorney CONTRACTOR BY: Donald Krumrie Co-Owner Aventura Sports LLC BY: Francis Rajotte Co-Owner Aventura Sports LLC 191Pag CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4-- DATE- July 15, 2022 SUBJECT: Disbursement of Police Federal Forfeiture Funds July 19, 2022 City Commission Meeting Agenda Item 51 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to $40,000 for professional counseling services from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Attachment CCO2081-55 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Police / Bencoeea DATE: July 11, 2022 SUBJECT: Request for Use of Federal Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section Vlll allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing Agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies, originally earmarked for the purchase of: CORDICO: $40,000 To be reallocated to: PEER SUPPORT BLUE LINE COUNSELING $16,000 (Annually) Summary On July 7t", 2020, the Commission approved the use of forfeiture monies towards a wellness program called CORDICO. After reviewing the use and effectiveness of this program, I decided to discontinue the program. I am asking to use the remaining funds for another wellness program called Blue Line Counseling that has proven to be very effective in several surrounding agencies. l h i G�'u 1 rr A,k N y � r � iF�A Sr a r`✓ rl JrYd¢�447 �� ?_. ��r/��r,`✓ a6 ys t� ,,>,.y.,31Y�, �r ,t � r1�c�r J fir? s ',l r s �l�5, .l. .. s ��e�ict Iuit s,. ., i Blue Line Counselli* nq LMHC Police Major Miami-Dade Police Department Psychological Services Bureau 305-5 1 -1 10 (Office) 305-471 --1803 (Direct) Blue Line Pricing $120.00 Each One Hour Session 128 Total Employees (Aventura Police Department) One annual session per employee 128 x $120.00 = 15,360.00 Annually *This includes all Aventura Police Employee's. *Appointments would be scheduled by the designated supervisor via Blue Line Counselling. The scheduling can occur on shift overlaps, or at end of shift for C-Shift Employee's. CITY OF AVENTURA AND BLUE LINE COUNSELING, INC. MENTAL HEALTH WELLNESS AGREEMENT This agreement is made and entered into on this day of by and between Blue Line Counseling, Inc. (THERAPIST) and the City of Aventura Police Department (AGENCY), collectively referred to as ("THE PARTIES"), witness that: WHEREAS, the AGENCY employs police officers and civilian staff (CLIENTS), and the THERAPIST provides mental health wellness and psychoeducational sessions to the CLIENTS. WHERAS, the parties have negotiated an agreement concerning their respective interests and wish to reduce their agreement to a written document reflecting their intentions, and WHEREAS, Therapist, or any independent contractor employed by Therapist, will be licensed by the State of Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling or the Florida Board of Psychology, and will possess extensive experience in the field of Police and Public Safety Psychology. WHEREAS, Therapist will provide one year of mental health wellness sessions and psychoeducation to clients. WHEREAS, Therapist can provide crisis intervention and/or critical incident stress debriefings with psychoeducation, as needed. NOW, THEREFORE, in consideration of the mutual covenants provided herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1 . Term: This Agreement shall become effective on the date written above and shall terminate at the end of one year. The Agreement may be renewed at then end of each year upon the agreement of both parties. For the purposes of this Agreement, the phrase "contract year" shall mean the initial term of this Agreement or any renewal thereof. 2. Termination: Either party may terminate this contract at any time by giving written notice at least 30 days in advance. 3. Compensation: The agency shall pay the therapist at the rate of $120 per client session. Therapist will provide supervisory consultation, crisis intervention response, or critical incident debriefings as needed at no additional cost to the agency. 4. Billing: Therapist will invoice agency at the end of each month for the number of sessions provided unless a lump sum payment is preferred. 5. Records: The therapist shall maintain attendance records and shall submit such records to the agency. No clinical notes or records will be provided to the agency, and all communication between the therapist and client will remain confidential, unless a threat of serious harm or death to oneself or other(s) exists. 6. Confidentiality: Therapist is dedicated to preserving the confidentiality and privacy of all clients. However, some State and Federal laws require the disclosure of information in certain situations. Confidentiality must be breached: a. If the therapist suspects a child, elderly, or disabled person is abused or neglected, she is required to report that information to a State agency. b. If a client brings criminal charges against the therapist. c. When a Court orders that therapist's testimony of records. d. When the therapist believes a client is a serious danger to him/herself or others. 7. Subpoenas: If client records are requested through subpoena, client will be notified in writing and provided with a copy of the subpoena. Client must then provide the therapist with a written objection to the subpoena or indicate that an objection will be filed with the Court (with a copy to the therapist). It is the client's responsibility to file this with the Court within the timeframe legally allowed. 8. AGENCY Duties and Responsibilities: The agency will provide without cost or expense to the therapist a private space to conduct said services at a location not frequented by agency personnel. The agency will assist with the scheduling of the sessions and with the notifications of appointment times to the clients. 9. Liability Insurance: Therapist agrees to maintain professional liability insurance to cover any acts or omissions of its employees or contracted providers in the amount of $1 ,000,000.00 (One million dollars and 00/100 cents) per claim, $3,000,000.00 (Three million dollars and 00/100 cents) for aggregate claim(s). 10.Independent Contractor: Therapist shall be deemed to be an independent contractor and not an agent or employee of the City and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded to classified or unclassified employees. The therapist shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the City. 11 . Indemnification: Therapist agrees to indemnify and hold harmless the agency, including its officers and employees, from liabilities, damages, losses, and costs caused by the negligence, recklessness, or intentionally wrongful conduct of the therapist. The agency agrees to be responsible for its own negligence. Nothing contained in this Agreement shall be construed as a waiver of the agency's sovereign immunity beyond the limits provided in section 768.28, Florida Statutes. 12.Notices: Any notice required or permitted under this contract shall be in writing and shall be hand-delivered or sent via certified mail, and shall be deemed given when mailed. 13.No Assignment: Neither party may assign this Agreement without the prior written consent of the other party, which may be withheld in other party's sole discretion. 14.Severability: If any Agreement provision or application thereto to any circumstances is held to be invalid or unenforceable, such provision shall be ineffective and the remainder of this Agreement shall remain valid and enforceable. 15.Governing Law/Venue: This Agreement shall be governed by the laws of the State of Florida. Exclusive jurisdiction and venue of any actions arising out of this Agreement shall be in Miami-Dade County, Florida. 16.Waiver: The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. 17.Entire Agreement/Amendments: The Agreement, as amended herein, constitutes the entire agreement between the parties, and supersedes any prior understandings. This Agreement may be amended only by written amendments duly executed by the parties. In witness whereof, the parties have executed this Agreement by their respective parties duly authorized the day and year written above. ATTEST: CITY OF AVENTURA: By: City Clerk Authorized Official Approved as to Legal Sufficiency: BLUE LINE COUNSELING, INC.: CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (92- DATE- July 15, 2022 SUBJECT: Recommendation to Approve the Purchase of a Lenco BearCat Armored Vehicle July 19, 2022 City Commission Meeting Agenda Item 5J RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to purchase an armored SWAT vehicle from Lenco Armored Vehicles, the soul source manufacturer for the Lenco BearCat. BACKGROUND On April 5, 2022, Resolution 2022-15 was amended via Resolution No. 2022-33 authorizing the purchase of a BearCat Armored Vehicle relating to the American Rescue Plan grant funding. The City's SWAT team finds this vehicle essential to provide safety and effectiveness to its team members, officers in the field, and the safe protection and transportation of citizens from dangerous environments. The cost for the Lenco Armored BearCat is $325,984. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2084-22 CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF A LENCO BEARCAT ARMORED VEHICLE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the April 5, 2022 City Commission meeting, Resolution No. 2022- 33 was adopted modifying the American Rescue Plan Act ("ARPA") spending plan originally approved at the February 1, 2022 City Commission meeting via Resolution No. 2022-15, to include the purchase of an armored SWAT vehicle by the City's Police Department; and WHEREAS, the Police Department has identified a Lenco BearCat Armored Vehicle it wishes to purchase and is requesting approval from the City Commission to finalize this purchase; and WHEREAS, the City Commission finds that the purchase of this vehicle and the adoption of this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Purchased Approved. That the City Commission hereby approves the purchase of a Lenco BearCat armored vehicle from Lenco Armored Vehicles, the soul source manufacturer, with ARPA funds at the price set forth in the City Manager's Memorandum. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and 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: City of Aventura Resolution No. 2022- Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 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 OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY- Robert Meyers, Office of the City Attorney �- DATE- July 15, 2022 SUBJECT: Ordinance to Apply the Current Residency Policy for Founders Park North for the Use of Park Facilities to Apply to Founders Park North and South July 19, 2022 11t Reading City Commission Meeting Agenda Item 6A September 13, 2022 2nd Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an ordinance to apply the current residency policy in effect for Founders Park North to Founders Parks South to create a uniform policy. BACKGROUND In adopting Ordinance No. 98-02, the City Commission established a residency policy for the utilization of Founders Park, giving priority to City residents. Later in 1998, the City Commission amended the prior ordinance to limit the application of the residency policy to Founders Park North. Given the new activities scheduled for Founders Park South and in order to maintain continuity regarding the residency policies for Founders Park, an ordinance is necessary to amend Chapter 33 of the City Code. This amendment will subject the entirety of Founders Park to the residency policy. Fiscal Impact This item will have no impact on the City's budget. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE OF ORDINANCES, SECTION 33-1 "RESIDENCY POLICY FOR USE OF PORTION OF AVENTURA FOUNDERS PARK" TO FURTHER DEFINE THE PORTION OF FOUNDERS PARK SUBJECT TO THE POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of this Commission to ensure that City residents are provided priority in the use and enjoyment of Aventura Founders Park; and WHEREAS, on January 20, 1998, the City Commission adopted Ordinance No. 98-02 establishing a residency policy for utilization of Founders Park to provide priority to City residents (the "Policy"); and WHEREAS, on April 21, 1998, the City Commission adopted Ordinance No. 98- 13, amending the Policy to further define that the Policy applies to the portion of Founders Park north of N.E. 190t" Street; and WHEREAS, the City desires to amend Section 33-1 "Residency Policy for Use of Portion of Aventura Founders Park" of the City Code to further define the portion of Founders Park subject to the Policy; and WHEREAS, the City Commission finds it to be in the best interest of the residents of the City of Aventura to amend Section 33-1 of the City Code to further define the portion of Founders Park subject to the Policy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Chapter 33 "Parks and Recreation," Section 33-1 "Residency Policy for Use of Portion of Aventura Founders Park" is hereby amended to read as follows:' CHAPTER 33 — PARKS AND RECREATION Section 33-1. — Residency policy for use of portion of Aventura Founders Park. (a) The following residency policy for use of the perti ^ of Aventura Founders Park north of N.E. 19 P-S#eet is hereby reestablished: ' Additions to text are shown in underline. Deletions to text are shown in stFik 9" City of Aventura Ordinance No. 2022- Section 3. Severability.The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t"day of July, 2022. PASSED AND ADOPTED on second reading on this 13t" day of September, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager Ce� BY- Robert Meyers, Office of the City Attorney DATE: July 15, 2022 SUBJECT: Ordinance to Prohibit Smoking In City Parks July 15, 2022 11t Reading City Commission Meeting Agenda Item 613 September 13, 2022 2nd Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an ordinance to ban smoking in City parks and on City trails. BACKGROUND HB 105 became effective on July 1, 2022, which allows cities and counties to restrict smoking at beaches and parks that they own. However, local government will not be able to prevent the smoking of unfiltered cigars in its parks and on its beaches. Based upon this grant of authority to local governments, an ordinance is being proposed to prohibit smoking in all City parks, which includes Arthur 1. Snyder Memorial Park, Don Soffer Exercise Trail, Founders Park (north and south), Veterans' Park and Waterways Dog Park. In addition, the ordinance establishes penalties for those in violation of the smoking ban. Fiscal Impact This item is likely to have minimal impact on the City's budget. Some resources will be expended to enforce the ordinance, which may be offset by fines imposed on violators. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE, TO CREATE SECTION 33-3 "SMOKING PROHIBITED" TO PROHIBIT SMOKING IN CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 386, Part 11 of Florida Statutes, the Florida Clean Indoor Air Act, implements Article X, Section 20 of the Florida Constitution, which prohibits a person from smoking tobacco or using a vapor-generating electronic device in an enclosed indoor workplace, with certain exceptions; and WHEREAS, currently, Florida Statutes preempt the regulation of smoking and does not allow counties or municipalities to regulate smoking; and WHEREAS, on June 24, 2022, the Florida Governor signed into law House Bill 105 ("HB 105"), which amends the Florida Clean Indoor Air Act to allow counties and municipalities to restrict smoking within the boundaries of any public beach or park, except for unfiltered cigars; and WHEREAS, the City desires to prohibit smoking in its municipal parks; and WHEREAS, the City Commission deems it to be in the best interest of the City to adopt this Ordinance creating Section 33-3 to prohibit smoking in City parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 33 "Parks and Recreation" of the City Code is hereby amended to create Section 33-3 "Smoking Prohibited" to read as follows: CHAPTER 33 — PARKS AND RECREATION Section 33-3. Smoking Prohibited. (a) For purposes of this Section. "park' shall mean any land, water area, or trail l l Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2022- corridor and all facilities thereon, under the jurisdiction, control, or ownership of the City. (b) It shall be unlawful for any person to smoke in a park, except for the smoking of unfiltered cigars. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t" day of July, 2022. PASSED AND ADOPTED on second reading this 13t" day of September, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager — BY: Robert Meyers, Office of the City Attorney DATE: July 15, 2022 SUBJECT: Ordinance to Repeal the Youth Advisory Board July 19, 2022 11t Reading City Commission Meeting Agenda Item 6C September 13, 2022 2nd Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an ordinance to repeal the Youth Advisory Board. BACKGROUND The City Commission passed Ordinance No. 2017-03, which created the Youth Advisory Board. Pursuant to Section 3.11 of the City Charter, the City Commission is empowered to terminate City boards and agencies as it may deem advisable from time to time. The City remains committed to providing opportunities for high school age residents of the City to offer guidance and recommendations to City officials on items of concern to the City's youth and also to be engaged in related educational, civic and community events and activities. However, the state-mandated legal requirements for service on a local government's advisory board do not seemingly take into account advisory boards consisting of minors. Under the circumstances, the City Commission wishes to exercise its authority under the Charter to repeal the Youth Advisory Board, replacing it with a Youth Council, which will be supervised and report to the City Manager. Fiscal Impact This item has no impact on the City's budget. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 7 "YOUTH ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3.11 of the City Charter grants the City Commission with the authority to create and terminate city advisory boards; and WHEREAS, the City Commission desires to terminate the Youth Advisory Board; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 7 "Youth Advisory Board" in Article III "Advisory Boards," Chapter 2 "Administration," is hereby repealed. CHAPTER 2 —ADMINISTRATION ARTICLE III. — Advisory Boards Division 7. Youth Advisory Board SeGc 2�1�11. Creatno and qualif atmns. (a) There is hereby Greated and established the City of Aventura Youth Advisory Board (the "Board") ennsisting of seven members, who are highSGhool age residents 0 the Gity. The members of the Board he appointed by the Mayor, subjeGt to the approval f the City Commissio�hemember� of the Board he appointe�� july of eaGh year in aGGE)rdanGe with PFOGedures established herein and shall hold nffine at the pleasure of the City Commission Members of the Board shall sense on travel,the Board wwthOUt GOMpensation and shall not be reimbursed for mileage, l l Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2022- per dwern expenses as BoaidaeNTGe.-rute- rmemberi.�the Board shall seNe c� r one year term and may ho reappointed in ac�rraan with the PFOGcacr�Iclined her eYe1n.. (bl rthe eyet oTthe resienati— oval of any member of the Ridthe MayoT shall appoint a n�en to fill yaGann�UGh Rno � unexpired portionvi the term of `" I member S Gh nffino s bjeGt viol of Git�i corn--vim a�rry �a �nTv�a� Gemmissien in annerdanne with prenedures establisher! heroin meetings,(G) in the event that a member of the Board shall be absent and uneXGUsed from a duly Galled meeting of the Beard fer three Gc)nseGUtwve then, in that event, SuGh member a�� aatiGally her eyed s a member of the Beard effen upon rrr urrucr cr �r�c-r the ,., City �,.,v,�u,.rc.,r,,a�rrcctvn rnrvtFttEation-teSa��arson from the Ciiy n�Managgeer—rnT� .GUsed-able rGe shall be requested in writing via email fax or letter prier to the Beard meeting, (d) The City Manager or his designee shall provide or designate neGessary staff suppe fnr the Beard in neerdinatien with the City Clerks Offine SeG. 2-212. ProGess of appointmentmembers. (a) City Residents of high SGheel age wishing to be a member of the Board shall make appliGation—te the City Manageron the forums provided by the City, nvr- CAty Gernrnwsswen Gensideration in july of eaGh year. The City Manager shall inteNiew all appliGants and make reGOMmendatien—te the Mayor. The Mayor shallc appointments t8 the Beard from the list of lGants reGOmmende�� City Or rnrrTcrra Manager, supjeGt-te theapproval of the City Commission, (b\ The City Manager make the Beard membership appliGa�ns available t8 tub--rnti-vizy�vrarrug cm-n-rrarc� �vara�T r Tp--apprr rr.�—avarravr� reswdents of the City in GOOrdination with pub!wG and private high SGheels whiGh seNe the high snheel age residents of the City. SeG. 2-2 13. Advisory GapaGity. The and duties the Board he solely of an adyisery nature to the t^ity Manager,Manager and Mayor and City Commission. The City Manager, by virtue of his effiGe as City shall be responsible fE)F GOMmuniGating to the City Commission the pertinent antiens of the Beard SeG. 2-214. Rules of proGed ; quorum. (a) The Board shall adept rules Of PFC)Gedure not inGensistent with the ordinanGes of the City and the a�nyvrs of the State of Florida and shall utilize Robert's Rules of Orde reGently revised 1990 Edition for the rules Of PFC)Gedure fer the Gc)ndUGt of meetings of the Board. The Board many Graate additional rules fnr the�nd�ant of its internal yr cc-agar yr rrauv��rrccrrraT preneedines Page 2 of 5 City of Aventura Ordinance No. 2022- (b) At the first meeting of the Board eaGh SGheel y�year, its- members toserve as t Chairperson and another member to sei.Ne as theViGe Chairperson (G) Four members shall Genstitute a querurn for the transaGtien of the business of the Beard. OffiGial aaGtion shall taken by the Board only upon the GenGUrrin�nat�nQf a majority of the members present at an nffinial mooting of the Be Sect-215. "Misr iE ties. (a) The mission of the Board is to assist the City in edUGatienal, GiViG, and GOMmunity events and aGtiv�ties while enabling City to provide further d Ucatrinnonl and development opportunities to Board members as high SGheel aged residents e Git.Theduties of the Beard Uiill innlude, but not be limited partiGipqting�a training shadowing and learning from City Corn issi City staff, and IGGal City,business leaders seleGted by the events and other speGial prejeGts assigned by the City Manager or City Commission to the Board 4 ment zaent may also also be preVided by the Cites nor-hmv�c sensing nn the Board (b) Any neGessary aGtien of the Board may be in the form of a written reGOMmendation to the City Manager, who may present the reGOMmendation of the Board tothe Mayor and City Commission t he Re nc ward shall rneet menthleg the regular SGheel-year. Sect-216. Standards of GonduGt for members. All members Board shall he s��bient to the annlinable Standards of Gend ant r-rrT �Tra�varcr-.murr�c��ccr-cv crra—a�rrca�Qccn cc for D��blin Offines and Employees as set h�eer��'tat�o��nty, City or othe rv�vrrry -arrcr-�mprvy- ��v��c ,� � n' , , -arrc�vr��--vr-v APpiGable Imps pursuant�aan�t to CitCha-rrter SeGtien 7 G� Sec -deserved. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become Page 3 of 5 City of Aventura Ordinance No. 2022- and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading this 19t" day of July, 2022. PASSED AND ADOPTED on second reading this 13t" day of September, 2022. Page 4 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission,Acting in its Capacity as the Governing Board for the Aventura City of Excellence School (CES) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: July 15, 2022 SUBJECT: Ordinance Amending the 2021/2022 Aventura City of Excellence School Charter School Fund ("ACES") Budget 11t Reading July 19, 2022 City Commission Meeting Agenda Item 6D 2nd Reading September 13, 2022 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2021/2022 Aventura City of Excellence School Charter School Fund ("ACES") Budget in the amount of$1,772,887 as outlined below. BACKGROUND As we close the ACES year-end, it is necessary to formally amend the 2021/2022 budget to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of the actual expenditures. As a result, the attached document has been prepared by City staff in collaboration with the ACES' Administration to project the final year-end revenues and expenditures to ensure that any revenue overages and expenditure overruns are properly identified and adjusted where necessary. This "clean up" amendment process is a normal part of our year-end fiscal operations and is in large part due to the impacts created by the global pandemic crises ("COVID-19"). All revenues and expenditures have been reviewed and analyzed and will be adjusted if necessary. The explanations provided are not designed to be all inclusive, but rather provide a framework for the necessary adjustments. Listed below is a summary of the ACES 2021/2022 amendments, the underlying circumstances that support each recommendation and the supporting schedule — "Exhibit A". 1 REVENUE: $1,772,887 projected net favorable variance Grant Revenue- ESSER— Under the CARES Act, Federal Funds of$1,552,644 are being provided from the Elementary and Secondary School Emergency Relief("ESSER") Grant. These funds are being passed through the Florida Department of Education and are being provided to address the impact that COVID-19 has had, and continues to have, on Florida elementary and secondary schools including: • Developing and implementing plans for educational services • Continued learning by ensuring safety and health of students and staff • Assessing and addressing learning gaps • Providing academic support, and • Addressing social and emotional needs. School Lunch Reimbursement — requires a $55,000 increase in revenue to recognize the actual amount received during FY 2021/22. Other Private Source Revenue — requires a $165,243 increase to recognize the actual amount received during FY 2021/22. EXPENDITURES: ($1,772,887) projected net unfavorable variance. The majority of the variance is for ESSER funded expenditures ($1,552,644). The remaining unfavorable variances relate to contract food service ($55,000), repairs and maintenance ($140,000) and transportation professional services ($25,243) expenditures. The ESSER funded operating expenditure accounts have been increased by a total of $1,552,664. Listed below you will find a list of the some of the more significant allowable expenditures: • Teachers salary and benefits for 14 ESSER funded positions hired in FY 2021/22- $749,644 • Student Chromebooks and iPads, teacher laptops and other computer accessories/equipment - $310,000 • Instructional Programming and digital resources such as: online teacher coaching/recording, online math and phonics tutoring, COVID tracking support, writing digital diagnostic assessment, social-emotional lessons and messaging software — $106,811 • Math Workbooks — $33,605 • Student Academic Support Services - FEV Tutors — $25,000 • Mindfulness sessions for students — $61,560 • In-person Phonics tutoring - $63,288 • Teacher conferences and training - $35,000 • Classroom rugs - $5,151 2 Due to circumstances beyond our control (i.e., Federal/State/District reimbursement processes, stock shortages, delays in shipping etc.) it is quite possible that some of this funding may be expended by and/or reimbursed to the School beyond the current year which may result in further amendments (re-appropriations) in future budgets. Contract food service expenses require a $55,000 budget amendment due to higher than anticipated costs incurred for student lunch services. This overage will be offset by $55,000 in additional school lunch reimbursement revenue from the State. Repairs and maintenance expenses require a $140,000 budget amendment due to higher than anticipated costs for interior and exterior painting of the school, elevator upgrades and parking lot paving and repair. Transportation professional services require a $25,243 budget amendment due to higher than anticipated costs for school bus monitors. Both of these overages will be offset by $165,243 in additional other private source revenue from the State. If you should have any questions related to this memorandum, please feel free to contact the City Manager. 3 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2021-05, WHICH ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2021/2022 (JULY 1 — JUNE 30) BY REVISING THE 2021/2022 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2021/2022 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2021-05, which Ordinance adopted a budget for the 2021/2022 fiscal year for the Aventura City of Excellence School by revising the 2021/2022 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2022- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading this 19t" day of July, 2022. PASSED AND ADOPTED on second reading this 13t" day of September, 2022. Page 2 of 3 City of Aventura Ordinance No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2021/22 Budget Amendments CHARTER SCHOOL FUND(190) SCHOOL 2021/22 2021/22 2021/22 OBJECT REVENUE/OBJECT ADOPTED AMENDE REVISED CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUN BUDGET Revenues State Shared Revenues 3316000 3340 Grant Revenue $ - $ 1,552,644 $ 1,552,644 3359050 3261 School Lunch Reimbursement 100,000 55,000 155,000 Subtotal $ 100,000 $ 1,607,644 $ 1,707,644 Miscellaneous Income 3316000 3340 Other Private Source Revenue $ 198,000 $ 165,243 $ 363,243 Subtotal $ 198,000 $ 165,243 $ 363,243 Total Amendments-Revenues $ 1,772,887 Expenditures 190-6001-569 K-3 Basic 5101 Personnel Services 1220 Teachers $ 1,692,750 $ 210,000 $ 1,902,750 1230 Other Certified Instructors 203,784 25,000 228,784 2301 Health Insurance 256,590 40,000 296,590 Subtotal $ 2,153,124 $ 275,000 $ 2,428,124 Operating Expenditures 5290 Other Material&Supplies $ 35,000 $ 40,000 $ 75,000 5411 Text Books 68,000 100,000 168,000 Subtotal 103,000 140,000 243,000 Total K-3 Basic 5101 $ 2,256,124 $ 415,000 $ 2,671,124 190-6002-569-4-8 Basic 5102 Personnel Services 1220 Teachers $ 2,321,032 $ 328,968 $ 2,650,000 1230 Other Certified Instructors 155,933 5,000 160,933 2301 Health Insurance 278,940 95,000 373,940 Subtotal $ 2,755,905 $ 428,968 $ 3,184,873 Operating Expenditures 4001 Conference/Training $ 7,000 $ 35,000 $ 42,000 5290 Other Material&Supplies 60,000 43,000 103,000 5411 Text Books 92,000 275,000 367,000 Subtotal 159,000 353,000 512,000 Total 4-8 Basic 5201 $ 2,914,905 $ 781,968 $ 3,696,873 190-6003-569-4-8 Exceptional Student Program 5250 Personnel Services 1220 Teachers $ 110,170 $ 20,830 $ 131,000 1230 Other Certified Instructors 74,378 13,000 87,378 2301 Health Insurance 15,427 5,000 20,427 Subtotal $ 199,975 $ 38,830 $ 238,805 Operating Expenditures 3190 Prof&Tech Services SPED $ 7,000 $ 33,000 $ 40,000 Subtotal 7,000 33,000 40,000 Total Exceptional Student Program 5250 $ 206,975 $ 71,830 190-6004-569-Substitute Teachers 5901 Personnel Services 1220 Teachers $ 34,863 $ 70,137 $ 105,000 Total Subtitute Teachers 5901 $ 34,863 $ 70,137 190-6006-569-Administration 7300 Personnel Services 1211 Administrators $ 197,291 $ 55,709 $ 253,000 1260 Other Support Personnel 333,359 65,000 398,359 2301 Health Insurance 25,726 50,000 75,726 Subtotal $ 556,376 $ 170,709 $ 727,085 Operating Expenditures 3114 After School Programs $ 160,000 $ (72,000) $ 88,000 Subtotal $ 160,000 $ (72,000) $ 88,000 Total School Administration 7300 716,376 $ 98,709 $ 815,085 190-6007-569 Transportation Services 7800 Operating Expenditures 3190 Professional Services $ 217,757 $ 25,243 $ 243,000 Total Transportation Services 7800 $ 217,757 $ 25,243 $ 243,000 190-6008-569 Operation of Plant 7900 Page 1 of 2 Exhibit A FY 2021/22 Budget Amendments CHARTER SCHOOL FUND(190) SCHOOL 2021/22 2021/22 2021/22 OBJECT REVENUE/OBJECT ADOPTED AMENDED REVISED CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET Operating Expenditures 3431 Contract Food Services $ 280,000 $ 55,000 $ 335,000 4635 Repairs&Maintenance 110,000 140,000 250,000 Subtotal $ 390,000 $ 195,000 $ 585,000 Other Uses 5901 Contingency $ 85,000 $ (85,000) $ - Subtotal $ 85,000 $ (85,000) $ - Total Operation of Plant 7900 $ 475,000 $ 110,000 $ 585,000 190.6009-569 Child Care Supervision 9102 Operating Expenditures 3113 Contract-recreation programs $ 114,000 $ (110,000) $ 4,000 Total Child Care Supervision 9102 $ 114,000 $ (110,000) $ 4,000 Capital Outlay 6402 Computer Equipment<5000 261,500 200,000 461,500 6490 Equipment Other - 110,000 110,000 Total Capital Outlay 7400 $ 261,500 $ 310,000 $ 571,500 Total Amendments-Expenditures $ 1,772,887 Page 2 of 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. WassonQp� City Manager BY: Keven R. Klopp'W Community Development Director DATE: July 15, 2022 SUBJECT: Adoption of 2021 Evaluation and Appraisal Report-based Amendments to the City of Aventura Comprehensive Plan (CPA#2201-0001) April 5, 2022 Local Planning Agency Meeting Agenda Item 4 April 5, 2022 11t Reading City Commission Meeting Agenda Item 9 July 19, 2022 2"1 Reading City Commission Meeting Agenda Item 7A RECOMMENDATION It is recommended that the City Commission: 1) Approve the 2021 Evaluation and Appraisal Report-based amendments to the City's Comprehensive Plan, inclusive of Applications 1 through 9, provided as Exhibit "A" to the attached ordinance, and 2) Authorize transmittal of the adopted amendments to the Florida Department of Economic Opportunity and other state and county agencies as required. BACKGROUND Evaluation and Appraisal Report (E.A.R.)-Based amendments to the City's Comprehensive Plan are required every seven years in order for the plan to remain compliant with Florida Statutes. The last E.A.R.-Based amendments were adopted by the City Commission on October 17, 2014. On December 1, 2020 the City notified the state that the City had evaluated its Comprehensive Plan and had determined that "amendments are necessary to address changes in state requirements. (Attachment 1). The public was advised of the upcoming amendments and afforded an opportunity to provide input. The recommendations resulting from staff's review of the Statutes; the inventory of existing conditions; the public input process; and the Florida Department of Economic Opportunities Objections, Recommendations, and Comments Report (Attachment 2) have been incorporated into the attached ordinance (Attachment 3) as Applications numbered 1 through 9. They include amendments to the Future Land Use Element, Transportation Element, Infrastructure Element, Capital Improvements Element, Intergovernmental Coordination Element, Conservation and Coastal Management Element, as well as the addition of a Property Rights Element. Following is a summary of the proposed amendments: 1) In 2015, the Florida Legislature passed Senate Bill 1094, entitled "Peril of Flood". The law, which became effective July 1, 2015, specified new requirements to be incorporated in a local government's comprehensive plan related to coastal flooding and the related impacts of sea level rise. The 2021 E.A.R.-Based Amendments included herein fulfill these requirements. The data, inventory, and analysis that needed to be collected to support the proposed amendments are included here as Attachment 4. 2) In the spring of 2021, the Florida Legislature passed House Bill 59 regarding Growth Management. The new law, which became effective on July 1, 2021, included, among other things, a requirement that a local government's comprehensive plan add a Property Rights Element to assure open and transparent decision making as a protection of property rights before any other amendments to the plan could be approved. The 2021 E.A.R.-Based Amendments included herein fulfill this requirement. The City submitted its proposed Property Rights Element in 2021 to ensure that the Future Land Use Map Amendment related to the proposed Aventura Corporate Center redevelopment, adopted by the Commission in 2021, would be considered compliant with the new law. While the amendment related to the Aventura Corporate Center, which was initiated by the City Commission in June of 2021, was not challenged, the State did request a change to the Property Rights Element the City previously submitted and requested that it be adopted as part of the Evaluation and Appraisal Report-Based Amendments. 3) An update regarding the condition of local land use and transportation is provided in the E.A.R.-Based Amendments. Following City Commission approval on first reading, the amendment package was sent to the State of Florida Department of Economic Opportunity and other review agencies. The agencies provided their review by way of an Objections, Recommendations and Comments Report (ORC Report). The amendments attached to the ordinance incorporate revisions sufficiently addressing the ORC Report. 2 Following is a summary of the revisions made to address comments from the State and the County, listed in the order they appear in the Plan, each followed by an explanation: Revision 1 Described: The title of the Future Land Use Map is revised to include the horizon year 2032. The revised map has been inserted into the amendments. In addition, the following text is inserted in the Introduction section prior to the data updates for the Future Land Use and Transportation Elements "The planning horizon (timeframe for effectiveness) of the Comprehensive Plan, as of the adoption of the 2021 Evaluation and Appraisal Report-Based Amendments, is 2032. The Policies included herein are guidelines for the implementation of the Plan within that timeframe, while a time period of 5 years was utilized for identification and evaluation of study parameters and policy development." Revision 1 Explained: Addresses Comment 2 from DEO's ORC Report. Revision 2 Described: "FDEM 2017/2018 DATA" is added to the legend of the Coastal High Hazard Area CHHA Maps. Revision 2 Explained: Addresses Objection 2 from DEO's ORC Report. Revision 3 Described Objective 6 and Policy 6.1 are created under the Infrastructure Goal 1 as follows: Obiective 6 The City of Aventura shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of potable water and sanitary sewer facilities. 3 Policy 6.1 Pursuant to Miami-Dade DERM requirements, all public wastewater and potable water collection and transmission systems shall be protected from floodwaters and inflow by having all mechanical and electrical equipment and all system openings placed above the Base Flood Elevation plus applicable freeboard and sea-level rise. Freeboard shall be no less than 24 inches for systems that serve essential facilities (e.g., hospitals) and facilities that are required to have an emergency generator by law, and 12 inches for all other systems. When the required minimum elevations cannot be attained for system openings (e.g., manholes, wet wells), openings shall be elevated to be protected from a 10-year storm and include water-tight and bolted covers/hatches. The entire assembly, structure, ring, frame, etc., shall be water-tight to sustain as a minimum, a water column pressure equivalent to the difference between opening elevation and minimum required elevation. Revision 3 Explained Addresses a Comment received from Miami-Dade County Division of Environmental Resources Management Revision 4 Described Within the Conservation & Coastal Management Element, a phrase is added to the end of Policy 10.A.5 as follows: "The City shall adopt new design criteria for both public and private seawalls throughout the City, in conformance with the most recently adopted Miami-Dade County Flood Criteria map." Revision 4 Explained Addresses a Comment received from Miami-Dade County Division of Environmental Resources Management Revision 5 Described Within the Conservation & Coastal Management Element, additional wording is inserted into new Policy 10.13.6, and an additional Policy 10.13.7 is added, each as shown by the underlined text below being added. Policy 10.13.6 The City shall continue to require development and redevelopment as well as building construction techniques be consistent with, or more stringent than, the flood-resistant 4 construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in Title 44 C.F.R. Part 60. Policy 10.13.7 The City will consider, in all susceptible flood areas, remediating repetitive loss properties or acquiring repetitive loss properties for open space. Revision 5 Explained: Addresses Objection 1 from DEO's ORC Report. CONCLUSION With the adoption on 2nd reading of the E.A.R.-Based Comprehensive Plan Amendments presented herein, it is anticipated that City's Plan will be found current and compliant with all State requirements. The City will, thereafter, be allowed once again to make other amendments to its Plan as the City Commission finds appropriate. Attachment 1 — City notification to the State stating need for EAR-Based Amendments Attachment 2— DEO's ORC Report Summary and Commentary from Miami-Dade County Attachment 3 — Ordinance Adopting the 2021 E.A.R.-Based Amendments Attachment 4 — "Peril of Flood" Data, Inventory and Analysis 5 Attachment 1 City of Aventura Government Center 19200 West County Club Drive Aventura, Florida 33180 ENID WEISMAN MAYOR December 1, 2020 COMMISSIONERS JONATHAN EVANS By Regular Mai! and Email RACHELS.FRIEDLAND DENISE LANDMAN DR.LINDA MARKS Ray Eubanks MARC NAROTSKY Division of Community Development ROBERT SHELLEY Department of Economic Opportunity RONALDJ.WASSON 107 East Madison Street, MSC 160 CITY MANAGER Tallahassee, Florida 32399 RE: City of Aventura Evaluation &Appraisal Report Notification Letter Dear Mr. Eubanks: In accordance with the Evaluation and Appraisal Notification Schedule posted on the Department of Economic Opportunity's website, the City of Aventura hereby provides notice to the State Land Planning Agency that it has evaluated its Comprehensive Plan and has determined that amendments are necessary to address changes in state requirements pursuant to Section 163.3191 (1), Florida Statues. The City of Aventura will be amending its Comprehensive Plan in 2021 to address the changes in statutory compliance and may also consider amendments to address issues of focal concern. For additional information or clarification regarding this Evaluation and Appraisal Notification Letter please contact me at 305-466-8940 or icarr(cDcityofaventura.com. Sincereiy, rf �� Joanne Carr, AICP Community Development Director cc: Ronald J. Wasson, City Manager David Wolpin, Esq_, City Attorney PLIONE: 305-466-8910 • FAx: 305-466-8919 www.cityofaventura.com ATTACHMENT 2 R � Ron DeSantis Dane Eagle GOVERNOR SECRETARY FLORIDA DEPARTMENTo' ECONOMIC OPPORTUNITY June 6, 2022 The Honorable Enid Weisman Mayor, City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Dear Mayor Weisman: The Department of Economic Opportunity ("Department") has completed its review of the proposed comprehensive plan amendment for the City of Aventura (Amendment No. 22- 01ER), which was received and determined complete on April 7, 2022. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified two objections and have included recommendations regarding measures that can be taken to address the objections. We are also providing two comments.The comments are offered to assist the local government but will not form the basis for a determination of whether the amendment, if adopted, is "In Compliance" as defined in Section 163.3184(1)(b), F.S. Copies of comments received by the Department from reviewing agencies, if any, are also enclosed. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of the Department's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 (850)245.7105 1 www.FloridaJobs.org I www.Twitter.com/FLDEO I www.Facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. The Honorable Enid Weisman June 6, 2022 Page 2 of 2 Department staff is available to assist the City to address the objections and comments. If you have any questions related to this review, please contact Melissa Corbett, CFM, FCCM, Planning Analyst, by telephone at (850) 717-8505 or by email at Melissa.Corbett@deo.myflorida.com. Sincerely, I _ James D. Stansbury, Chief Bureau of Community Planning and Growth i JDS/mc Enclosures: Objections, Recommendations, and Comments Report Procedures for Adoption Reviewing Agency Comments cc: Keven R. Klopp, Community Development Director, City of Aventura Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council Objections, Recommendations and Comments Report Proposed Comprehensive Plan Amendment City of Aventura 22-01ER The Department of Economic Opportunity has identified two objections and two comments regarding the City of Aventura's proposed comprehensive plan amendments. The objections and comments are provided below, along with recommended actions the City could take to resolve issues of concern. If the City adopts the plan amendment without adequately addressing the objections, the Department may find the amendment not in compliance with Chapter 163, Part II, Florida Statutes (F.S.), pursuant to section 163.3184(4)(e)4., F.S. Comments are offered to assist the local government and will not form the basis for a compliance determination. Department staff has discussed the basis of the report with local government staff and is available to assist the City to address the objections and comments. I. Obiections: Objection 1: Conservation & Coastal Management Element-Peril of Flood: The proposed evaluation and appraisal based comprehensive plan amendment adequately addresses the requirements of Sections 163.3178(2)(f)1., 3., and 6., Florida Statutes (F.S.). However, the amendment lacks policy language that fully meets the requirements of Sections 163.3178(2)(f)2. and 4., F.S. It is important to note that Section 163.3178(2)(f)5., F.S. is not applicable to the local government as a Coastal Construction Control Line has not been designated for the City. Section 163.3178(2)(f), F.S., requires in pertinent part that the Coastal Management Element include the following: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must: 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Statutory Authority: Sections 163.3177(6)(g), 163.3178(2)(f)2. and 4., and 163.3184, F.S. Recommendation: Based on applicable data and analysis identifying those areas most vulnerable to flood hazard, the City should identify any issues of concern to the community that could result in improved community resiliency and adaptation to sea level rise and other climate change impacts. This includes identifying the public facilities and infrastructure, cultural, historic, and natural resources important to the community, as well as private investments, located and planned to be located within the areas impacted by current and future coastal flooding areas, especially in flood zone designations established by the Federal Emergency Management Agency. It has been noted that the City's proposed language to address the perils of flooding is limited in scope and does not apply to all susceptible flood areas and types of applicable development. Specifically,to comply with Section 163.3178(2)(f)2 and 4., F.S. the Coastal Management Element should be revised to incorporate best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations, and not just removal of real property from the areas at risk from a Category 1 storm surge. In addition,the amendment should be revised so that not only building construction techniques but that "development and redevelopment shall be consistent with, or more stringent than,the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60." The Department's staff are available to provide further assistance with these planning efforts, including providing examples of policies adopted by other communities to address the peril of flood requirements. Objection 2: Map Series- Coastal High Hazard Area map (CHHA map): Pursuant to Section 163.3178(2)(h), F.S.,the CHHA is defined as the area below the elevation of the Category 1 storm surge line as established by Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge modeling, which is available through the Florida Division of Emergency Management (FDEM). The amendment includes a Coastal High Hazard Area (CHHA) map within the Comprehensive Plan as required by Section 163.3177(6)(a)10.c.Vl., F.S. However, this map does not include a date to demonstrate that the map depicts the most updated SLOSH model data as required by Sections 163.3177(1) and 163.3184(2)(h), F.S. Statutory Authority: Sections 163.3177(1), 163.3177(6)(a)10.c.Vl., 163.3178(2)(h), and 163.3184 F.S. Recommendation: Prior to adoption, the CHHA map should be revised to include the date and correct data source of the CHHA data utilized in the map legend, e.g. 2017-2018, Florida Division of Emergency Management SLOSH Model data. The graphic depiction of the location of the CHHA based upon the required SLOSH model data should be updated, if necessary. The 2017-2018 SLOSH model data may be obtained from the Florida Division of Emergency Management or the County's Emergency Management Division. Department staff can also assist the City in obtaining the required data. II. Comments: Comment 1: Water Supply Facilities Work Plan: The City of Aventura has not updated their Water Supply Facilities Work Plan within the allowed 18 months after approval of the Lower East Coast Water Supply Plan Update by the South Florida Water Management District's Governing Board that was approved on November 8, 2018. Section 163.3177(6)(c)3., F.S. requires such update to the Water Supply Facilities Work Plan to take place. The City of Aventura is strongly encouraged to work with the South Florida Water Management District to address the comment that was provided in their correspondence on April 14, 2022, regarding the adoption of an update to the Water Supply Facilities Work Plan. Comment 2) Planning Horizon: The proposed Comprehensive Plan amendment does not reflect an updated planning horizon for the plan amendment. Section 163.3177(5)(a), F.S. requires comprehensive plans to establish at least two (2) planning periods, one covering the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period. Additional planning periods for specific components, elements, land use amendments, or projects shall be permissible and accepted as part of the planning process. Prior to adoption, the amendment should be revised to incorporate appropriate planning horizons. The Plan must cover at least two planning periods, one covering at least the first 5-year period occurring after the Plan's adoption and one covering at least a 10-year period. MIAMI•CaAL)E Memorandum haaiaw Date: April 29, 2022 To: Jerry Bell, Assistant Director RER Planning Division From: Rashid Istambouli, P.E. Environmental Resources Management Subject: 2022 City of Aventura Comprehensive Plan Amendments 22-01 ER The Division of Environmental Resources Management (DERM) staff has reviewed the proposed amendment of the City of Aventura proposed Comprehensive Plan amendments addressing the following: 1. Florida Legislature Senate Bill 1094, title "Peril of Flood" includes new requirements to be incorporated in local government's comprehensive plans related to coastal flooding and related impacts of sea-level rise 2. Florida Legislature House Bill 59 regarding growth management. 3. An update regarding the condition of local land use and transportation conditions. DERM has no comments regarding proposals 2 and 3 and offers the following comments regarding compliance with the requirements of Chapter 24 of the Miami-Dade County Code (the Code) for proposal 1: Public Water Supply and Wastewater Disposal All public wastewater collection and transmission systems shall be protected from floodwaters and inflow by having all mechanical and electrical equipment and all system openings placed above the Base Flood Elevation plus applicable freeboard and sea-level rise. Freeboard and sea-level rise are independent and cumulative (e.g., for a BFE of 8-feet with 24-inch freeboard and 24-inch Sea Level Rise requirements, all openings shall be above 12-feet). Openings include, but are not limited to, all manholes, pump station wet wells, and system vents. When the required minimum elevations (BFE + Freeboard +Sea Level Rise) cannot be attained for system openings (e.g., manholes, wet wells), openings shall be elevated to be protected from a 10-year storm and include water-tight and bolted covers/hatches. The entire assembly, structure, ring, frame, etc., shall be water-tight to sustain as a minimum, a water column pressure equivalent to the difference between opening elevation and minimum required elevation (BFE + Freeboard +Sea Level Rise). Freeboard shall be no less than 12- inches for substantial systems and 24-inches for essential systems. Sea Level Rise shall be, at a minimum, IPCC Median at 50 years. For example, for a BFE of 8-feet, an essential system manhole opening shall be set at or above 8-feet + 24-inches + 21-inches or 11—feet 9- inches or include a water-tight bolted cover. Essential systems are those that serve essential facilities (e.g., hospitals) or are required to include an emergency generator. All others are substantial systems. Water Management For policy 10.A.5 DERM recommends adding the underlined text below: The City shall adopt new design criteria for both public and private seawalls throughout the City, in conformance with the most recently adopted Miami-Dade County Flood Criteria map Attachment 3 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2021 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the adopted Plan to determine if it adequately addresses changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS, the City has reviewed its Comprehensive Plan and has determined that amendments are necessary to meet community goals and to reflect changes in State law; and WHEREAS, the City has timely notified the State of Florida, Department of Economic Opportunity, in accordance with the Evaluation and Appraisal Notification Schedule in Section 163.3191, that such changes are necessary, and; WHEREAS, the City has completed its proposed evaluation and appraisal-based amendments consistent with the requirements of Chapter 163, Part II, F.S., and; WHEREAS, the Local Planning Agency has reviewed the 2021 evaluation and appraisal-based amendments to the Comprehensive Plan, held an advertised public hearing, provided for public participation in the process and rendered its recommendation to the City Commission; and WHEREAS, the City Commission, upon first reading of this Ordinance, authorized transmission of the evaluation and appraisal-based amendments to the State of Florida Department of Economic Opportunity and review agencies for the purpose of a State- coordinated Review in accordance with Sections 163.3184 and 163.3191, Florida Statutes; and City of Aventura Ordinance No. 2022-_ WHEREAS, the City Commission has reviewed the Objections, Recommendations and Comments (ORC) report received from the State of Florida Department of Economic Opportunity and the amendments as updated to address the State's comments, held an advertised public hearing, and provided for public participation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. Amendments to the Comprehensive Plan. The 2021 evaluation and appraisal-based amendments to the City of Aventura Comprehensive Plan, attached as Exhibit "A" to this Ordinance and as revised to address any objections, recommendations and comments provided by the Department of Economic Opportunity and review agencies, are hereby adopted. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of Exhibit "A" to this Ordinance shall become and made part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. The Community Development Director is directed to transmit the amendments to the State of Florida Department of Economic Opportunity and other review agencies. Section 6. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the Department of Economic Opportunity posts a notice of intent determining that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become Page 2 of 21 City of Aventura Ordinance No. 2022- effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 21 City of Aventura Ordinance No. 2022- PASSED on first reading this 5t" day of April, 2022. PASSED AND ADOPTED on second reading this 19th day of July, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 21 City of Aventura Ordinance No. 2022- EXHIBIT `A' 2021 Evaluation and Appraisal-based Amendments to the City of Aventura Comprehensive Plan APPLICATION No. 1 DESCRIPTION OF AMENDMENTS Note: Additions to existing text are shown in underline format. Deletions are shown in strike-through format. 1. Add a description of the 2021 amendments to the Plan, as follows: The City Commission reviewed its Comprehensive Plan in 2021 and determined that amendments are necessary to reflect changes in State law and to reflect changes in local conditions. The City notified the State, as required by Chapter Rule 73C-49 of the Florida Administrative Code, of its determination. The City sought community input regarding the Comprehensive Plan and needed amendments throughout 2021 and incorporated the input received in the amendments. Thus, the 2021 amendments to the Plan address the following: 1) In 2015, the Florida Legislature passed Senate Bill 1094, titled "Peril of Flood". The law, which became effective July 1, 2015, specified new requirements to be incorporated in a local government's comprehensive plan related to coastal flooding and the related impacts of sea level rise. The 2021 E.A.R.-Based Amendments included herein fulfil these requirements. 2) In 2021, the Florida Legislature passed House Bill 59 regarding Growth Management. The new law, which became effective on July 1, 2021 includes, amongst other things, a requirement that a local government's comprehensive plan add a property _rights element to assure open and transparent decision making as a protection of property rights. The 2021 E.A.R.-Based Amendments included herein fulfils this requirement. 3) An update regarding the condition of local land use and transportation conditions. Page 5 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing text are shown in underline format. Deletions are shown in strike-through format. Revisions between 1st and 2nd reading are shown as bold. APPLICATION No. 2 INTRODUCTION AMENDMENTS 1. Update the introductory data from the date of the last evaluation and appraisal, as follows: The planning horizon (timeframe for effectiveness) of the Comprehensive Plan, as of the adoption of the 2021 Evaluation and Appraisal Report-Based Amendments. is 2032. The Policies included herein are auidelines for the implementation of the Plan within that timeframe, while a time period of 5 years was utilized for identification and evaluation of study parameters and policy development. Future Land Use As of 2021 approximately 45% of the City's land area (not counting water, utilities nor rights of way) is residential. 24% is commercial, and 22% is recreation. Less than 10% of the City's land area is made up of industrial uses, community facilities, mixed use development, and vacant land. Of note is that the distinction between lands with residential use and lands with commercial use has begun to fade. The expansion of the mixed-use Town Center districts facilitated many of the changes that have occurred since 2014 when considering land use. Since 2014, three developments substantially reduced the already limited amount of vacant land in the City (Prive'. Park Square and 1212 Aventura) Prive' is purely residential, while the other two developments are mixed use. It is anticipated, based on currently approved and proposed development projects that in the ensuing years, mixed use development and redevelopment will consume the few remaining vacant parcels in the City and continue to transform properties with existing residential or commercial uses. Transportation As of 2021, the City's shuttle bus system boasts an average monthly ridership of 25,000 and has had a total ridership of 2,916,150 since its inception in 1999. The inter-county fixed-route Tri-Rail commuter service is accessible to the residents of Aventura through use of the Golden Glades station. Public transportation needs are also addressed through the use of paratransit services as well as the City's newly added and growing on-demand Freebee bus system. The Florida East Coast (FEC) Railroad runs along the western border of the City. There is currently a train station being constructed on the west side of the FEC tracks that will, via a pedestrian bridge, provide access to Aventura Mall and other City amenities and businesses. This station will be run by Brightline with trains running from downtown Miami to Orlando. Page 6 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 3 CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT AMENDMENTS 1. Add Objective 15 and Policies 15.1 and 15.2 as follow: OBJECTIVE 15 The City shall consider the impacts of sea level rise in all planning and decision-making processes, including but not limited to, land use, infrastructure planning, project designs. building and safety codes, emergency management, stormwater management, and water supply. Policy 15.1 The City shall use the most recently updated Southeast Florida Regional Climate Change Compact's Unified Sea Level Rise Projection when determining the risks of coastal flooding due to sea level rise. Policy 15.2 The City will update the supporting data on sea level rise impacts on infrastructure and land use with future updates of the Comprehensive Plan to reflect the latest predicted and observed impacts. 4. Amend Maps section, as follows: This element contains the following maps: Map 1-1: Existing Land Use Map Maps 1-7 to 1-119: Adopted Future Land Use Map Series Storm Tide Atlas Panels to mop the Coastal High Hazard Area (CH HA) MAPS 1-7 to 1-110 ADOPTED FUTURE LAND USE MAP SERIES Map 1-7 Future Land Use Map (Revised with 2021 EAR) Map 1-8 Existing Floodplains with Potable Water Facilities &Wellhead Protection Areas Map 1-9 Soils & Minerals with Existing Wetlands Map 1-10 Vacant Land Map Page 7 of 21 City of Aventura Ordinance No. 2022- Map 1-11 Coastal High Hazard Area Map Panels 291 and 310 of the South Florida Qterm T�Atlas0 Volume 7_1 1 Rook 2 Mwami_Dade County Florida of the Flor�Statewicvvide Regional EyaGI potion Study Program prepared by the South Florida Reoionol Planning Co nniated December 15, 2010 adopted as the host available Data for manning the Coastal High Hazard Area /(`I-HA\ in the City of Ayenturo CHHA-REVISED MAPS Page 8 of 21 City of Aventura Ordinance No. 2022- 340WARd COUNTY - MIAMI—OAOE COUNTY AppITOWL AWACENT LAW! 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BEACH 9/2/8S 219413__06 I I 10/z/as sacs-�a *Gerard—d L—tior k Sty 3J97 6/Y/�P aan�la ' 7}76}12 3G72-or t�+/14 24i+-02 7}7/15 MJb_c5 10/a/M 2620-12 19/5m 2MI-18 Map 1-7 Future Land Use Map — 2032 h CR SuALE IN FEET TH With Adjacent Land Uses & C loco 2CC-0 4aoo Parks & Open Space I-W HW-rb V&ft `'a lf&ftftdw."go wrlrRdq FLww City of Aventura Comprehensive Plon — 1998 "mw 'imrim 0'-90111171110 Adopted oec61 bu 19% 2021 Evaluation & Appraisal Page 9 of 21 Coastal High-Hazard Area City of { is J ■ : 0_0 {w714 Rw of rLegend w ,... .4 ilk IL }f 4 .07 ' f e%1 ... ,• pm t �, • �w++��F•w ar•r +,qw ► I • Coastal High-Haza7d Area L " • fl City of Aventura (South) t rk 61-- f a S ' P } iL � t S 4 r �y�, 4 Lil r .1 Legend - �. eya YI 4 #' = an L►! " " r mile ¢" F • City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 4 CITY OF AVENTURA COMPREHENSIVE PLAN TRANSPORTATION ELEMENT AMENDMENTS 1. Amend Objective 1 by adding Policy 1.13, as follows: Policy 1.13 The City shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of transportation facilities. Page 12 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. Revisions between 1St and 2"d reading are shown as bold. APPLICATION No. 5 CITY OF AVENTURA COMPREHENSIVE PLAN INFRASTRUCTURE ELEMENT AMENDMENTS 1. Amend Objective 3 by adding Policy 3.3, and create Objective 6 and Policy 6.1 as follows: Policy 3.3 The City shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of stormwater facilities, and Particularly in the coastal high hazard area and any concentrations of repetitive flood loss properties. Objective 6 The City of Aventura shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of potable water and sanitary sewer facilities. Policy 6.1 Pursuant to Miami-Dade DERM requirements, all public wastewater and potable water collection and transmission systems shall be protected from floodwaters and inflow by having all mechanical and electrical equipment and all system openings placed above the Base Flood Elevation plus applicable freeboard and sea-level rise. Freeboard shall be no less than 24 inches for systems that serve essential facilities (e.g., hospitals) and facilities that are required to have an emergency generator by law. and 12 inches for all other systems. When the required minimum elevations cannot be attained for system openings e.g.. manholes,wet wells). openings shall be elevated to be protected from a 10-year storm and include water-tight and bolted covers/hatches. The entire assembly_, structure, ring, frame, etc., shall be-water--tight to sustain as a minimum, a water column pressure equivalent to the difference between open ina elevation and minimum required elevation. Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 6 Page 13 of 21 City of Aventura Ordinance No. 2022- CITY OF AVENTURA COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENTS 1. Amend Objective 2, Policy 2.1, as follows: Objective 2 Policy 2.1 The capital facilities and infrastructure implications of land use and development plan implementation will be analyzed and set forth with attention to the following: a) safety improvements and elimination of hazards; b) elimination of below-standard conditions and capacity deficits; c) demonstrated linkage between projected growth' and facility service area; d) trade-off between supporting new growth or redevelopment; e) financial feasibility, including operating costs; f) coordination with the capital programming of other public agencies; g) contractual and/or mandated obligations;-arid h) maintenance or reduction of hurricane evacuation clearance times; and i) impacts of projected sea level rise. Page 14 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 7 CITY OF AVENTURA COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT AMENDMENTS 1. Add Objective 5, Policy 5.1 and Policy 5.2, as follows: OBJECTIVE 5 Coordinate with the adjacent municipalities and regional agencies to plan for the impacts of projected sea level rise. Policy 5.1 The City shall continue to coordinate with Miami-Dade County, South Florida Planning Council and local coastal governments located within at least two miles of the City's boundaries, including Hallandale Beach, Hollywood. Golden Beach, Sunny Isles Beach, North Miami, and North Miami Beach, to increase regional resilience by sharing technical expertise, participating in summits, assessing local vulnerabilities, advancing agreed upon mitigation and adaptation strategies, and developing joint State and Federal legislation policies and programs. Policy 5.2 The City shall continue to participate in the Southeast Florida Regional Climate Change Compact. Page 15 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. Revisions between 1St and 2"1 reading are shown as bold. APPLICATION No. 8 CITY OF AVENTURA COMPREHENSIVE PLAN CONSERVATION & COASTAL MANAGEMENT ELEMENT AMENDMENTS 1. Amend Objective 8 by adding Policy 8.2, as follows: Policy 8.2 The City shall not expand utility infrastructure into the coastal high hazard area, and will only make improvements based on public safety, adaptation to sea level rise, and maintenance needs. 2. Amend Objective 10, as follows: Objective 10 The City of Aventura shall implement pre-and post-emergency procedures in accordance with its adopted emergency plans and procedures, as they are amended from time to time, and shall direct populations away from the coastal high hazard area and areas most vulnerable to projected sea level rise, as opportunities arise. Policy 10.1 If rebuilt, structures which suffer damage in excess of fifty (50) percent of their appraised value shall be rebuilt to meet all current requirements, including those enacted since construction of the structure, and including standards for elevating and flood-resistant construction. Policy 10.3 Following a natural disaster and prior to the implementation of long-term development, the City shall do the following: Based upon the damage assessment reports prepared in accordance with the City's emergency plans and procedures, the City shall evaluate options for damaged public facilities including abandonment, repair in place, relocation, and repair with structural modification, to determine the most strategic approach to long- term development. The evaluation shall include but not be limited to issues pertaining to damage caused by natural disaster, the impacts of projected sea level rise, cost to construct repairs, cost to relocate, cost to structurally modify, limitations of right-of-way, and maintenance costs. Policy 10.4 Structures which are damaged in excess of fifty percent (50%) of their current replacement value shall be required to be rebuilt to meet all current land development Page 16 of 21 City of Aventura Ordinance No. 2022- requirements, building code requirements and the requirements of the City's flood damage prevention ordinance. Policy 10.6 The City shall utilize the following criteria to distinguish between immediate repair and clean up actions and long-term redevelopment subsequent to a natural disaster. All long_ term redevelopment of damaged facilities within the coastal high hazard area shall include retrofitting or relocation out of such area. 3. Add Policy 10.15 and 10.16, as follows: Policy 10.15 The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the coastal high hazard area. Policy 10.16 Eliminate inappropriate and unsafe development in the coastal high hazard area and areas most vulnerable to sea level rise inundation when opportunities arise. 4. Add Objective 10.A, as follows: OBJECTIVE 10.A Employ development and redevelopment principles and strategies to reduce flood damage risk from high-tide events, storm surge, flash floods and the impacts of sea level rise. POLICY 10.A.1 The City shall use the most recently updated Southeast Florida Regional Climate Change Compact's Unified Sea Level Rise Projection when determining the risks of coastal flooding due to sea level rise. POLICY 10.A.2. The City shall consider developing and adopting land development regulations specific to vulnerable areas that include best practice development strategies for protection, accommodation, managed retreat, and avoidance of flooding impacts. Page 17 of 21 City of Aventura Ordinance No. 2022- POLICY 10.A.3 The City shall continue to implement the following actions that are both creditable Community Rating System (CRS) activities and sea level rise adaptation strategies: 1) Public information activities such as providing a count of existing buildings in the special flood hazard area (SFHA), providing the number of new buildings constructed in the SFHA, providing information on substantial improvements to existing buildings in the SFHA: and providing information on issued elevation certificates. 2) Public outreach activities such as informing the public of special flood- related hazards, having a public information and stakeholder delivery program, and having a flood protection section on the City's website. 3) Public assistance activities such as providing flood protection advice after a site visit, and promotion of flood insurance. 4) Mapping and regulation related items such as open space preservation regulations, development limitations, freeboard regulations, local drainage protection regulations, and stormwater management regulations. 5) Flood damage reduction related items such as repetitive loss area analyses. POLICY 10.A.4 The City shall continue to participate in the National Flood Insurance Program Community Rating System (NFIP CRS) administered by the Federal Emergency Management Agency (FEMA) to achieve flood insurance premium discounts for its residents. POLICY 10.A.5 The City shall adopt new design criteria for both public and private seawalls throughout the City in conformance with the most recently adopted Miami-Dade County Flood Criteria map. Policy 1-.A.6. The City shall continue to participate in the Southeast Florida Regional Climate Change Compact. 5. Add Objective 103, as follows: OBJECTIVE: 103 Reduce flood losses and claims through site development techniques and best practices. Policy 103.1 Page 18 of 21 City of Aventura Ordinance No. 2022- Development within the special flood hazard area shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the City's flood damage prevention ordinance. Policy 10.B.2 The City will encourage use of best practices to address sea level rise in design and construction of development and infrastructure projects in the coastal high hazard area and portions of the City most vulnerable to inundation from rising sea level. Policy 10.B.3 The City shall promote the use of pervious pavement and Low-Impact Development (LID) techniques in order to reduce the deleterious effects of runoff on adjacent ecosystems and property owners through land development regulations and incentive programs. LID is defined as an ecologically-based stormwater management approach favoring soft engineering to manage rainfall on site through a vegetated treatment network (University of Arkansas Community Design Center, 2010. Policy 10.B.4 The City shall incorporate use of pervious pavement. LID techniques, or both into new public projects within special flood hazard areas and the coastal high hazard area. Policy 10.B.5 The City shall mitigate hazards by continuing to enforce the Florida Building Code, Land Development Regulations, stormwater drainage level of service standards, and the State of Florida Department of Emergency Management's Model Ordinance Program, which has been adopted into the land development regulations within the City's Code of Ordinances. Policy 10.B.6 The City shall continue to require development and redevelopment as well as building construction techniques be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in Title 44 C.F.R. Part 60. Policy 103.7 Page 19 of 21 City of Aventura Ordinance No. 2022- The City will consider, in all susceptible flood areas, remediating repetitive loss properties or acquiring repetitive loss properties for open space. 6. Add Objective 10.C, as follows: OBJECTIVE 10.0 Reduce risk of flooding within the coastal high hazard area and special flood hazard area from tidal, storm surge and flash flood events, and from the effects of sea level rise, through engineering solutions when opportunities arise. Policy 10.C.1 The City shall develop minimum seawall elevation standards and strategies for requiring or causing the repair, enhancement, or replacement of seawalls located on both public and private properties, based upon existing conditions, year of projected impacts and economies of scale to reduce cost, ensure a comprehensive approach, and minimize disruption from flooding. Strategies may include a combination of regulations (such as requiring repair or enhancement of seawalls as a condition of permits for other work on waterfront properties) and funding strategies (such as grants and assessments) for the City to undertake the work on a phased city-wide basis. Policy 10.C.2 The City shall implement the recommendations of the Stormwater System Improvement Plan as funding allows. 7. Amend Objective 12, Policy 12.9, as follows: The coastal high hazard area shown on Map 1-11 of this element, `"'hinh offentc these lands shown on Pa Is 29911 and 310 ("Panels") of the South Florida Cte m Tide Volume 7_1 10 Book 20 Miami Dade County, of the Florida Statewide Regional EyaGI ation Study Program prepared ��South Florida Regional Planni GeunGildated OeEem er 15, 2010, its d"e"fined as the area below the `ellev'atiion of the Category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model updated for South Florida in 2020. The Panels are adopted as the best available data for mapping the Coastal High Hazard Area (CHHA) in the City of Aventura. Application of mitigation and the application of development and redevelopment policies in the Coastal High Hazard Area (CHHA), pursuant to s. 380.27(2) of the Florida Statutes, and any rules adopted thereunder, shall be at the discretion of the City, consistent with this Element. Page 20 of 21 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 9 NEW CITY OF AVENTURA COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT Property Rights Element Goal The City of Aventura will make decisions with respect for property rights and with respect for people's rights to participate in decisions that affect their lives and property. Obiective 1 The City of Aventura will respect judicially acknowledged and constitutionally protected Private property rights. Policy 1.1 The City of Aventura will consider in its decision-making the right of a property owner to Physically possess and control his or her interests in the property, including easements. leases, or mineral rights. Policy 1.2 The City of Aventura will consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.3 The City of Aventura will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 1.4 The City of Aventura will consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift. Page 21 of 21 ATTACHMENT 4 Supplemental Data, Inventory and Analysis for the Coastal Element Coastal High Hazard Area The Sea, Lake, and Overland Surges from Hurricanes (SLOSH) Model updated in 2020 is the best available data for determining the coastal high hazard area pursuant to F.S. 163.3178(2)(h). It is noted that both the earlier and updated SLOSH Model results differ from those in the 2010 South Florida Storm Tide Atlas' that is used for emergency management purposes. The Atlas is a locally refined SLOSH Model application created to provide a finer level of detail than SLOSH, using a smaller grid to capture more localized variations in surface elevations based upon LiDAR data. Sea Level Rise The primary impact of ongoing climate change to the southeast Florida metropolitan areas is the gradual increase in average sea level. Average sea level in southeast Florida has risen approximately 3.9 inches between 2000 and 2017; an increase noticeable only in the lowest areas of southeast Florida, particularly during king tide and wind-driven tide events. As sea level continues to rise, additional areas will be affected by these phenomena from time to time, and the lowest lying areas will be inundated regularly. Storm tides and surges will begin to affect properties previously not vulnerable, and flood events such as these and flash flooding from intense rainfall will take longer to subside due to southeast Florida's low elevations, reliance on gravity to drain stormwater, and a groundwater table that will be closer to the surface because of the hydrostatic pressure exerted by higher sea level, thereby providing less soil capacity for stormwater to infiltrate. Consistently higher seawalls and pump stations will become necessary in some areas to minimize flooding and lower water levels after flood events. Freshwater supplies from the Biscayne Aquifer will be increasingly threatened with increased salinization from seawater intrusion through hydrostatic pressure and potential tidal event contamination. The City utilizes the Unified Sea Level Rise Projection from the Southeast Florida Climate Change Compact ("SEFCCC"). The SEFCCC released its most recent projections in 2019, showing an expected 6-13 inches of sea level rise ("SLR") between 2017 and 2040, and 17 to 36 inches by 2070. These values increase to 10-17 inches and 21-40 inches, respectively, from the year 2000, which serves as the base year for the projections. The projections have a substantial range in variation due to the uncertainty created by the complex interactions among the various factors that contribute to rising seas. Aventura can be expected to experience substantial areas of shallow, permanent inundation at approximately 4 feet of SLR, which would occur as early as 2080 under the NOAA intermediate-high projection, which forms the upper end of the projected range. Affected areas would mostly consist of open spaces, parking lots, roads, and some buildings and structures. The effect of high tides, flash flooding events and storm surge will be amplified by sea level rise within the 50 year horizon. 1 Volume 7-11, Book 2, Miami-Dade County, of the Florida Statewide Regional Evacuation Study Program prepared by the South Florida Regional Planning Council, dated December 15, 2010. Mitigation measures can include maintaining the viability of the stormwater drainage system, addressing repetitive-loss properties, protecting public facilities and infrastructure, and systematically repairing and raising seawalls. Unified Sea Level Rise Projection for Southeast Florida Unified Sea Level Rise Projection 200 (Southeast Florida ReegionBI Climate Change Compact,2019) _ IPCC NOAA 1$p Intermediate NOAA High 175 NOAA Extreme Year Median High {inches) ,e i a (inches) (inches) R160 W } 2W 10 17 21 : 140 �% 136 Y } 3070 21 a0 5d i ' -e N04A High ,u 120 ' c y 2120 40 92 136 f 100 _ { _ rr � • 92 NOAA 50Year Planning Horizon ' �' Intermediate High d; 80 J m u1 64." x 60 5 '� m qp �..r '40 IPCt Median Observed -In 20 5-Year Average 17 Mean Sea Level 21 0 1❑ 1990 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 2120 Year CLIMATE FIGURE 1-Unified Sea Level Rise Projection CHANGE These projections start frorn zero in year 2000 and are referenced to mean sea level at the Key West tide gauge-Based on the 5-year average of mean sea level,apprexinkvely 3-9 inches of sea level rise has occurred from 2000 to 2017(see historic sea level section of guidance document).The projection includes global curves adapted for regional application:the median of the IPCC AR5 RCP 8.5 scenario(Growing Emissions 5cenaria)as the lowest boundary(solid thin curve),the NOAA Intermediate High curve as the upper boundary for short-term use until (solid thick line),the NOAA High curve as the upper boundary for medium and long-term use(dash dot curve).The shaded zone between the IPCC AR5 RCP 8.5 median curve and the N€3AA Intermediate High is recommended to be generally applied to most projects within a short-term planning horizon.Beyond 2070,the adaptability, interdependencies,and casts of the infrastructure should be weighed to select a projection value between the IPCC Median and the NQAA High curves. The NOAA Extreme curve(dash curve)brackets the published upper range of possible sea level rise under an accelerated ice melt scenario.Emissir-- reductions could reduce the rate of sea level rise signi rantly. Unified Sea Level Titre P.1-6 n:2019 update 10 2019 PROJECTION AND SUMMARY This Unified Sea Level Rise Projection for Southeast Florida updated in 2019 projects the anticipated range of sea level rise for the region from 2000 to 2120(Figure 1).The projection highlights three planning horizons: 1. short term:by 2040,sea level is projected to rise 10 to 17 inches above 2000 mean sea level. 2. medium term:by 2070,sea level is projected to rise 21 to 54 inches above 2000 mean sea level. 3. longterm: by 2120,sea level is projected to rise 40 to 136 inches above 2000 mean sea level. Details of the projection development methodology appear in the next section. The Projection is recommended to be applied in the following manner: • The blue shaded zone between the IPCC median curve and the NOAA Intermediate-High curve is recommended to be generally applied to most projects within a short term planning horizon(up to 2070).The IPCC median curve represents the most likely average sea level before 2070, but is not representative of the realistic interannual and interdecadal variations that will occur with sea level rise values within the blue shaded zone.The IPCC median curve can be used for non critical,low risk projects with short design lives(f50 years)that are adaptable,and have limited interdependencies with other infrastructure or services.All other projects with design lives that end before 2070 should consider values within the blue zone or along the NOAA Intermediate-High curve based on risk tolerance. • For non-critical infrastructure in service during or after 2070,the NOAA Intermediate-High Curve is recommended.Sea level rise is unlikely to exceed the NOAA Intermediate-High Curve by 2100. Lln&h dt a LeM AKepm*Ww:2019 Update The Southeast Florida Regional Climate Change Compact, the South Florida Water Management District, and County officials have also developed a regional Analysis of the Vulnerability of Southeast Florida to Sea Level Rise, including county-level inundation maps (Storm Tide Atlas). The most recently updated sea level rise regional vulnerability assessment, paired with the most recently updated Unified Sea Level Rise Projection, provides the extent and spatial impact of expected sea level rise in Aventura. Miami-Dade County has developed inundation maps for public consumption at the highest available level of detail, shown below for Aventura. These maps illustrate buildings and properties most likely to be threatened by different stages of sea level rise. These illustrations are strictly planning tools, and cannot be relied upon for permitting and insurance purposes. 2070 Projected Inundation Map This map is based upon the NOAA Intermediate-High Projection Inundation depth ranges from Light blue(shallower) to Dark blue(deeper) hx zrsr„ sr 5 � s r - x � H x r � x ` W 3 e 41 �G7rki Sr 'k warenWAYS r r L� * COuirrRr cLne aR • 0 w NE 7n3R0 Sr t a MEMO ° r ° � 1 tiygTH C I` F" A� AYf�SJI �� PLC -•- •'LI Wx � W \ of Yu r r'i�� 56 a+ 4(f 0 �Ikq* CSWY�Sn •S a� 3 K I 1 ' [ N Aventura r k 0 a n w i � y u w 0 s eV �i Source: Miami-Dade County GIS Flooding Vulnerability(miamidade.gov) .lam w /' -!• ��:1q � 'y // 4w OIL. -Awl-~ A*yam 4•�' _ �' v A? sk, r op 44P 7�j pop Aft .4 :♦ s i 4. '�- r. _. md N w 7 Jr- 1 SIC J. .... .tom w � •` r 4 � s ram.�r•t. ' �' �!� � � . •• •; 4. If i lip Xj wra ' SLR ` Jh �• - _ y -f -4 v �,�,• Not J A- Al' i J Source: https://mdc.maps.arcgis.com/apes/webappviewer3d/index.html?id=b92a9fa4ff8847bf97f3e628al95a398 City Flood-Risk Mitigation Programs The City is a participant in the Federal Emergency Management Agency (FEMA) National Flood Insurance Program's(NFIP) Community Rating System (CRS). FEMA provides flood insurance discounts to communities that participate in the CRS based on their floodplain management activities. The CRS requires that the City adopt a Floodplain Management Plan consistent with FEMA NFIP requirements. Miami-Dade County, with input from all participating municipalities in the County, including the City of Aventura, prepared a Multi-Hazard Local Mitigation Strategy (LMS). The original LMS was formally adopted by the City Commission through Resolution No. 2015-40 on July 7, 2015. The five year update of the strategy was issued by the County in July, 2020 and adopted by the City through Resolution No. 2020- 64 on September 8, 2020. The strategy acts as the City's Floodplain Management Plan for NFIP purposes. The LMS is updated on a five year cycle. The current LMS is approved by FEMA for a period of five years, to September 15, 2025. Part 2 of the LMS contains a list of mitigation projects in each of the participating municipalities (link: https://www.miamidade.gov/global/emergency/proiects-that-protect.page). The projects listed for the City of Aventura are: 1. Yacht Club Drive seawall repairs to address flood and flood/storm surge hazards: replacement of existing seawall due to age and deterioration. This includes installation of new piles and plates to secure the seawall. 2. NE 29 Place and Aventura Boulevard to address flood hazards: replacement of existing drainage pipe with significantly larger pipe to provide for more efficient disbursement of stormwater. 3. Yacht Club Drive drainage improvements to address flood hazards: replacement of all pipes, catch basins and manholes due to age and deterioration. 4. Country Club Drive curb improvements to address flood hazards: installation of Type F curbing at road edge to direct stormwater flows more efficiently to catch basins. 5. Development of a Floodplain Management Plan to mitigate flood hazards: obtain grant funds and hire a consultant to prepare a Floodplain Management Plan. The City adopted the July, 2020 Local Mitigation Strategy prepared by Miami-Dade County on September 8, 2020 as the Floodplain Management Plan for the City of Aventura. This project was redirected to preparation of a Comprehensive Stormwater Management Plan for the City. 6. Comprehensive Stormwater Management Plan for the City: evaluation and analysis of the City's existing stormwater system, generation of specific projects and preparation the plan document with associated cost estimates and schedules for improvements, environmental assessment of NPDES and sustainability objectives, sea level rise study and analysis with specific recommendations and costs to address impacts and analysis of the current stormwater utility fee data base for structure and accuracy. 7. Purchase Communications Information Equipment to facilitate communication amongst emergency personnel: including radios and additional cellular phones, to assist emergency personnel in responding to an emergency. This is an ongoing project, replacing and adding radios, cellular phones and other required communication equipment as necessary. In addition, the three projects the City has recently completed are: 1. Yacht Club Drive /213th Street: remove and replace out dated and non-functional drainage. New ADP pipe and basins. 2. Replaced outfall piping on NE 183 St. which were old and deteriorated. 3. NE 29 St. at Aventura Blvd.: remove and replace old pipe; replace with up-sized pipe from concrete to ADP. Replace structures. Mitigation Strategies, Generally The following is a summary evaluation of"soft" and "hard" strategies for coping with sea level rise included in the publication, "Health and Sea Level Rise Impacts on South Florida," dated April 2016 from the Florida Institute for Health Innovation, which can be found on the Southeast Florida Regional Climate Change Compact website. Menu of Hard Infrastruture Strategies: Point when Action may Implementation Strategy Benefits Cost Barriers to Implementation need to be Abandoned Exfiltration Trenches Excess water drains to $250/ft. Significant damage to if groundwater table is aquifer,some treatment roadways for installation, above exfiltration provided maintenance needed,clogging piping, the exfiltration issues reduce benefits efficiency diminishes quickly Infiltration Trenches Excess water gathered from $2501ft.plus pump Significant damage to Complete inundation soil and drained to pump station roadways for installation, means pumps run stations,creating storage maintenance needed,clogging constantly and may capacity of soil to store issues,costs for pump station pump the same water runoff,soil treatment over and over Install stormwater pumping Removes water from Start at$1.5 to 5 NPDES permits,maintenance When full area served stations in low lying areas to streets,reduces flooding million each, cost,land acquisition, is inundated(>3-5 ft. reduce storm water flooding number unclear discharge quality SEA-LEVEL RISE) (requires studies to identify without more study appropriate areas,sites and priority levels) Added dry retention Removes water from $20OK1ac Land availability, maintenance When full area served streets,reduces flooding of pond,discharge kxation is inundated Armoring the sewer system Keeps stormwater out of $500/manhole limited expense beyond capital none (G7 program) sanitary sewer system and cost reduces potential for disease spread from sewage overflows.Major public health solution Relocate Wellfields $20 million assuming $20 million Cost,concern over saltwater When well is inundated westward/horizontalwells locations can be permitted assuming locations intrusion eastandwest, in Biscayne aquifer can be permitted in inundation of wellfields, Biscayne aquifer permitting by SFWMD Salinity/lock structures Keeps sea out,reduces Up to$10 million, SFWMD,western residents, n/a—solution to retard saltwater intrusion may require private property rights sea encroachment and ancillary arguments saltwater intrusion stormwater pumping stations at $2-5 million each Class V gravity wells Means to drain $250K ea. Needs ha Me box,limited flow When full area served neighborhoods volume (1 MGD) is inundated Class I injection wells Means to drain $6 million Needs baffle box When full area served neighborhoods, 15 MGD is inundated Capacity Bioswales Means to drain $0.5 millionlmi land area,flow volume, When full area served neighborhoods, provides maintenance is inundated treatment of water Raise sea walls Protects property $.1-1 million/lot Private property rights, n/a neighbors Regional relocation of locks Creates regional system to $200 million ea. SFWMD,westernresidents, n/a—solution to retard to Puunp stations use coastal ridge to protect private property rights sea encroachment and inland property,keeps arguments protect property which saltwater out can exist at levels below sea level Pump to Everglades via huge volume of water can unknown Water quality When full area served Regional system be removed from urban is inundated area and used to recharge Biscayne aquitbr Pump to Tide huge volume of water can unknown Water quality to reefs,sea When full area served be removed from urban grasses,etc. is inundated area Menu of Soft Infrastructure Strategies Implement"Han Strrrtext• Beerfrta rust Barriers to Impirmrntrefiun Prioritize a data collection strategy that allows for Allows the opportunity to Will vary Challenges with 1HPPA rules more granular data and seas onaldata quantify the health effects of sea- level rise Create policies that protect socially vulnerable Lessens risk of socially Unknown Pressure from developers,rental properties at populations from forced migration due to sea- vulnerable people moving to risk level rise vulnerable areas Redevelopment control ordinances and policies Reduces competition for land by Unknown Pressure from developers,rental properties at removing land from risk,property rights issues. redevelopment Public acquisition of at-risk property Reduces potential for migration May provide Public resistanceor public support to vulnerable property by taking short tent property out of circulation income Increas ed data collection of sea-level rise or flood More complete datasets for Unknown Adherence to data collect ion protocol related vectorand waterbome diseases analysis Increased and improved repotting tools for small Increased avenues for data Unknown Community and professionalbuy-in pop ulations o fin fected individuals that pennit reporting monthlylweekly reporting vs annually Educate heahh practitioners to understandthe Practitioners looking for, Unknown HIPPA rules,competing priorities for potent ial as sociation of dis eas e pattern s with high collecting and reporting data practitioners tide/king tide events and develop protocol to track as sociated to sea-level rise illness patterns Provide preventive meas ures for subject illnesses Reduced risk or severity of Public resistance or public support;budget; where available symptoms adherence Improved reporting tools for health departments Health department has the Unknown HIPPA rules to collect data on illnesses of concern with sea- opportunity to analyze data level rise Develop acommunity-based protocol for Informs residents about their Unknown Acces s to target p opulations;es tablish ing communicating risks vulnerability to sea-level rise relationships with thecommunity; prioritizing health outcomes health outcomes due to sea-level rise Continued and e)aensive outreach about the Though this study focuses on Unknown Access to target p opulations,public interest, relationship between sea-level rise,health and South Florida the message is one support social vulnerability that will resonate nationally and internationally with any community facing the effects of climate change Develop state Data Comrmns where the public, This can be used to better Unknown Ensuring quality of data contributed;state organizations and researchers have acres s to a understand the complex effects buy-in;educating populations about the variety of datasets and intersections of sea-level rise resource with a variety of factors Conduct an economic vulnerability assessment Can associate the effects and Unknown Support intersections ofsea-level rise with economic outcomes and costs Prioritize RCAP recommendations for Water Mitigate the negative health Unknown Political will,Support,Funding Supply,Management and Infiastmcture adding a effects connected with water health lens. supply and contamination due to sea-level rise Prioritize RCAP recommendations for Natural Mitigate the negative health Unknown Political will,Support,Funding Systems adding a health lens effects connected with changes in the natural environment due to sea-level rise Prioritize RCAP recommendations for Mitigate the negative health Unknown Political will, Support,Funding Agriculture ad ding a health lens. effects connected with food supply duc to sca-level rise Conduct a comparative risk assessment for health Will detertmne tipping points for Unknown Funding [previously recommended in the Health Impact diseasein theregion Assessment]. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6 -- BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend Section 31-143(f)(2a)c. of the Land Development Regulations to Add a Conditional Use in the RMF4 Zoning District by Which Certain Otherwise Prohibited Shadows Could be Approved June 14, 2022 Local Planning Agency Agenda Item 4A June 14, 2022 11t Reading City Commission Meeting Agenda Item 6A July 19, 2022 2"1 Reading City Commission Meeting Agenda Item 7B RECOMMENDATION As discussed at the City Commission Workshop meeting of March 15, 2022, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-143(f)(2a)c., "Multifamily High Density Residential Districts (RMF4)" of the Land Development Regulations to add a Conditional Use by which certain otherwise prohibited shadows could be approved. THE REQUEST The attached letter (attached as Exhibit #1) proposes an amendment to Section 31- 143(f)(2a)c. of the Land Development Regulations to allow uses in the RMF4 Zoning District to cast a shadow on land zoned for business. Currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties. As discussed during the referenced Workshop, RMF4 properties could be, with Commission approval, released of the constraint and thus, regulated in line with commercially-zoned properties in regards to the shadow they are allowed to cast. BACKGROUND Section 31-143(f)(3)(b)(3) of the City Code contains certain restrictions to the RMF4 zoning district. City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year regardless of the adjacent property's zoning. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Multifamily High Density Residential (RMF4) District follows in underlined text: Section 31-143(f)(2a)c. Multifamily High Density (RMF4) District. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional Use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria- 1. Shall only be permitted on properties where a minimum of two sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District on the City's Zoning Map; and 2. Retail and restaurant uses shall be permitted as accessory uses; and 3. Not more than ten percent of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms, excluding ground floor retail and restaurant uses; and 2 4. The gross floor area of the hotel use shall not exceed 33 percent of the gross floor area of the building; and 5. Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.; and 6. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks; and 7. The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and 8. The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right-of-way improvements appropriate to the subject property. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 3 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Multifamily High- Density Residential District. 4 DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Exhibit 1 Bilzin Sumberg Brian S.Adler, Esq. el 305.350.2351 Fax 305.351.2206 badler0-bilzin.com March 4, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to be Placed on March 15, 2022 Workshop Proposed Amendment to Section 31-143(f)(3)(b)(3), RMF4 District Land Development Regulations Dear Mr. Klopp: Please consider this our request on behalf of our client, GOT183 LLC, to be placed on the March 15, 2022, City Commission Workshop related to proposed modifications to the City of Aventura Land Development Regulations pertaining to the RMF4 Zoning District. The City of Aventura Code contains some historic restrictions related to height of properties within various districts. One example is Section 31-143(f)(3)(b)(3) of the City of Aventura Code (the "City Code"), which incorporates certain restrictions unique to the RMF4 zoning district. Specifically, the City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year, allowing such shadows to only fall on public road rights-of-way, public or private waterways or docks. This unique provision is unique to the RMF4 district. Land continues to be a scarce resource, and as South Florida continues to be the focus of migration from other areas of the state or country, the focus in many communities has shifted to redevelopment of remaining or underdeveloped parcels, including in the City of Aventura. In that regard, we propose a reevaluation of the above RMF4 restriction related to height regulations in recognition that if another office Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 2 Bilzin Sumberg building, hotel or mixed-use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. Office buildings, hotels and other similar structures in the Business Zoning Districts under City Code Section 31-144 do not have the same limitation against casting shadows on other hotels, commercial or office buildings. In fact mixed-use developments in the Town Center districts under Section 31-145 may contain various heights of buildings with no such restriction on casting shadows on adjacent properties in other districts, or on other buildings within the Town Center districts, including on residential structures within the Town Center district. However, while offices, medical buildings hotels and other structures in the Town Center, Medical Office, Office Park, Community Facilities and commercial districts are not subject to the shadow restrictions and therefore are not restricted from casting shadows on other properties sharing the same designation, under the City Code, it is only the RMF4 district that carries the shadow restriction. Specifically, the City code under the RMF4 District regulations provides: Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks. Therefore, while a 12 story office buildings in the B2 district can cast a shadow on other commercial, office, hotel and similar properties, developments in the RMF4 district would be more constrained and restricted from casting such shadows. As the zoning code has morphed with the creation of new zoning districts, the focus continues to shift to redevelopment or future development of vacant or underdeveloped parcels, the unique shadow limitation in RMF4 likely no longer serves the same purpose as when it was enacted. If an office building, medical building, or hotel building exceeding 100 feet is able to cast shadows on commercially zoned adjacent properties, the limitation on the ability for RMF4 properties to cast such shadows on business zoned properties is arguably obsolete. Based on the foregoing, we propose a relaxation of the shadow provisions to expand the properties upon which an RMF4 structure can cast a shadow to include the business zoned districts under 31-144. Specifically, we request the code be modified to as follows: DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 3 Bilzin Sumberg Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12.00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks, or properties located in Business Zoning Districts defined under Section 31-144. The above change will recognize that if another office building, hotel or mixed- use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. However, the proposed change will keep in place the protection of RMF4 properties casting shadows on other residentially zoned properties. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, bv'ia'v' S. aAV Brian S. Adler BSA/DPC/AI MIAMI 923 0709.1 100992/3 02121 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties; WHEREAS, the City Commission now desires to amend Chapter 31 "Land Development Regulations," Section 31-143 "Residential Zoning Districts" to permit buildings in the RMF4 Zoning District to cast shadows on properties located in Business Zoning Districts upon conditional use approval (the "Proposed Amendment"); and WHEREAS, the City Commission finds that the Proposed Amendment is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, City Commission, sitting as the Local Planning Agency, has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the Proposed Amendment, and finds that it is in the best interests of the public to amend Section 31-143 of the City's Land Development Regulations as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2022- WHEREAS, the City Commission has reviewed the Proposed Amendment and has determined that the Proposed Amendment is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations,"Article VII, "Use Regulations," Section 31-143 "Residential Zoning Districts" of the City Code of Ordinances is hereby amended to read as follows': Chapter 31 - LAND DEVELOPMENT REGULATIONS ARTICLE VII. - USE REGULATIONS Sec. 31-143. — Residential Zoning Districts. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 2022- c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d.For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria: Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Absent Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 19t" day of July, 2022. Page 4 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: June 10, 2022 SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," in Accordance with a Memorandum of Understanding Regarding Expansion of Service Credit Buy-back to Include Military Service Prior to First and Initial Employment with the City June 14, 2022 11t Reading City Commission Meeting Agenda Item 6B July 19, 2022 2"1 Reading City Commission Meeting Agenda Item 7C RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance that amends the "Police Pension Plan and Trust Fund" (the "Plan") in a manner consistent with a Memorandum of Understanding regarding the expansion of the Plan's service buy- back benefit to include prior military service. The Ordinance has been reviewed by the City's labor counsel and the Dade County Police Benevolent Association (the "Union"). BACKGROUND The Plan presently allows eligible members to buy back pension service credits for prior law enforcement experience for up to four (4) total years but does not allow members to buy back service credits for prior military experience. The City and Union have subsequently agreed to permit the buy-back of up to four (4) years of service credits for prior military service, provided the full actuarial cost of the purchased prior service is paid by the member, as well as any associated administrative costs (e.g., actuarial study). The buy-back costs may be paid by the employee in one lump sum or in installment payments, but must be paid in full before retirement or entering the DROP. However, if the member cannot pay the remaining balance before separation, the option will be given to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. For tax treatment purposes, any installment payments made by the employee will be via salary reduction. The purchased service credits cannot be used for vesting or eligibility for benefits purposes and are limited to a lifetime max of four (4) years. SUMMARY The Ordinance reflects the expansion of service credit buy-back to include up to four (4) total years of military service prior to first and initial employment with the City, with the full actuarial cost and all administrative costs borne by the member. All other provisions of the Plan remain in full force and effect. Attachment 2 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-27 "BUY-BACK FOR MILITARY SERVICE, PRIOR LAW ENFORCEMENT OR CORRECTIONAL OFFICER SERVICE" TO PERMIT BUY-BACK OF SERVICE CREDITS FOR PRIOR MILITARY SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the Plan permits members to buy back military service earned while on a leave of absence to count towards pension credit for the City; and WHEREAS, the City Commission desires to permit members to also buyback service credits for periods of active military service prior to first and initial employment with the City; and WHEREAS, the City Commission finds that it is in the best interest of the City and its employees to amend the Plan; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission has received, reviewed and considered an actuarial impact statement describing the actual impact of the amendments provided for herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article 11 "Police Pension Plan and Trust Fund," Section 36-27, "Buy-back for military service, prior law enforcement or correctional officer service," of the City Code of Ordinances be amended by adding a new subsection and re-lettering the subsequent subsections, as follows- ' Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2022- Sec. 36-27. — Buy-back for military service, prior law enforcement or correctional officer service. (b) Any member of the Plan who is employed by the City shall be entitled to buy-back service credits for years or fractional parts of years that the member has served on active duty in the military service of the United States prior to first and initial employment with the City of Aventura police department, with a lifetime maximum of four years of service credits, if: (1) The cost of prior service credit is paid, which shall be the full actuarial cost of all prior service credit purchased hereunder computed as a lump sum payment into the plan that would have occurred had the member been employed by the City of Aventura as a police officer, for the period of prior service credit purchased. (2) A nonrefundable payment is made for the costs of all professional services (e.g. actuarial calculations) rendered to the Board and administrative costs in connection with the purchase of years of credited service. (3) The buy-back request is made only once if followed by the purchase, and the purchase timely paid in full before retirement or entering the DROP, based on a lump sum or a required installment payoff schedule. Installment payments shall be made through a payroll deduction in accordance with Section 414(h) of the Internal Revenue Code. The payments shall be treated as tax-deferred picked up contributions. Contributions shall continue until death, disability or termination of service, whichever shall occur first. If the member cannot pay the remainder balance upon separation, they shall have the option to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. Any payoff schedule shall require the execution of an irrevocable authorization form specifying the amount of the Payment and the duration of the authorization. The specified amount shall be determined by the Alan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payment authorization, which duration shall not extend beyond the earliest date upon which the employee would become eligible for normal retirement under Section 36-26. The amount provided in the payment authorization shall include interest, as calculated by the plan's actuary, at the retirement Alan's actuarially assumed rate of return on investments. Page 2 of 5 City of Aventura Ordinance No. 2022- (4) Such service credit is counted as continuous service for purposes of benefit calculations, but not for purposes of vesting or eligibility for benefits under this Retirement Plan. LLM Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of public law enforcement employment with another employer, with a lifetime maximum of four years of service credits, if: Lqh{c}Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of correctional institution employment with another employer, with a lifetime maximum of four years of service credits, if- (e) A A member who is receiving, or will receive the pension benefit for military service, prior law enforcement or correctional institution experience in any other pension plan supported by public funds, excluding a military pension, may not use that service for purchased prior service pursuant to this section for this Pension Plan; provided, a member may make a direct transfer of eligible rollover distributions of all or any portion of the balance in another eligible retirement plan that is attributable to such other prior law enforcement or correctional institution experience to purchase additional service, in accordance with Subsection 36-27(e), and shall execute a Board-provided form acknowledging the same. W The Plan fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of service as authorized under Section 36-27, as follows: Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Page 3 of 5 City of Aventura Ordinance No. 2022- Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. The foregoing Ordinance was offered by Commissioner Friedland who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2022- PASSED on first reading this 14t"day of June, 2022. PASSED AND ADOPTED on second reading this 19t" day of July, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission �D FROM: Ronald J. Wasson, City Manager (---- BY- Keven Klopp, Community Development Director Afok DATE: July 8, 2022 SUBJECT: Application to Amend the Comprehensive Plan Future Land Use Map ("FLUM") of the City of Aventura by Changing the Designation of Land Located at 2785 NE 183 Street from Business and Office to Medium- High Density Residential (the "FLUM Amendment"), City Case File No. AC P2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4B June 14, 2022 11t Reading City Commission Meeting Agenda Item 7A July 19, 2022 2"1 Reading City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the City Commission approve an amendment to the future land use map designation for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the "Property") from Business and Office to Medium-High Density Residential to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the FLUM Amendment on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: Medium-High Density Residential Property to the North: Business and Office Property to the South: Medium-High Density Residential Property to the East: Medium-High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. 2 Standards for reviewing proposed amendments to the Future Land Use Map (Florida Statutes 163.3177) Florida Statues regarding the City's Comprehensive Plan seek mainly to ensure that development of previously undeveloped land proceeds in a manner that is orderly and economically, socially, physically, environmentally, and fiscally balanced. The statute does require the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: • the availability of facilities and services. • the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. • the minimum amount of land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. • the extent to which the development pattern or urban form discourages the proliferation of urban sprawl. All required services and facilities are available to this location to fulfill service requirements. Capacity allocations for water, sewer, and schools are made at the time of development order approval. The proposed FLUM Amendment is suitable considering the site is surrounded by residential uses. The proposed FLUM Amendment consumes the minimum amount of currently undeveloped land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. The proposed FLUM Amendment discourages urban sprawl. It facilitates redevelopment of fallow land resulting in increased density and intensity within a transit-oriented corridor. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 EXHIBIT 1 ACP2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 ACP2205-0001 BROWARD COUNT `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital �Q WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ 0,v ■/ ■ AVENTURA w U ' OQ c`. ,, ■ Fireft Ell > r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne rn Sound Mau l• arbour 180 ST. Lake e w N l� Point East fr Mani • 9 Z r ' r a lU a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ i ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + Exhibit 3 ACP2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described cve;ur said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve, thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a control angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. ACP2205-0001, requesting approval of a Small- Scale Future Land Use Map ("FLUM")Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 1.55 acres of land (Folios 28-2203-000-0250 and 28- 2203-000-0273), as further described in Exhibit "A" (the "Property") from Business and Office to Medium High Density Residential; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed-use transit-oriented development; and WHEREAS, the Small Scale FLUM amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. City of Aventura Ordinance No. 2022- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small-Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A," is hereby amended such that the Property shall now have the future land use map designation of Medium High Density Residential. Section 3. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map may be revised so as to accomplish such intention. Section 6. Effective Date. This Ordinance shall not become effective until 31 Page 2 of 6 City of Aventura Ordinance No. 2022- days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issued a final order determining that the adopted Small Scale FLUM Amendment is in compliance. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 6 City of Aventura Ordinance No. 2022- PASSED on first reading this 14t" day of June, 2022. PASSED AND ADOPTED on second reading this 19t" day of July 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 6 City of Aventura Ordinance No. 2022- EXHIBIT A - Legal Description 1.05 acre parcel at 2785 NE 183 Street, Aventura. (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEM DESCRIPTION: (Parcel 1): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, miarnl-Dodt County, Florida, being motc particularly described as follows; Commence at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds west along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North, 0 degrees .46 minutes 52 seconds West, along the lost described course, for 301,00 feet, thence South 89 degrees 13 minutes 08 seconds west, at right angles to the last described course,. for 132.00 feet to 0 POlMt Of curvature; thence southwesterly. southerly, and southeasterly along 0 circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an orc distance of 31.42 feet to a point of tangenc)r, thence South 0 degrees 46 minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East line of the Southeast 1/4 of th's Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida, (Parcel 2) Parking Lot: A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East Miami—Dade County, Fiarida, being more particularly described as follows: Commence at the. Southwest come of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line Of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel,, thence continue North 0 degrees 46 minutes; 52 seconds West along the lost descrlbed course, for 79.94 feet thence East for 246 .91 feet: thence South, at right angles to,the Ice described course, for 114.42 feet to 0 Point On the next described curve, said point bears Worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curw, thence Northwesterly. westerly and southwesterly, along said circular curve to the let having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an am distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131,83 feet North of as measured at riot angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lost by calculations. Page 5 of 6 City of Aventura Ordinance No. 2022-_ EXHIBIT "B" SMALL SCALE FUTURE LAND USE MAP AMENDMENT 9ROWMI)cauNrr MIAMI-DACE COUNTY AWITIONAL KMACEMT - LAND USE CATEGME3 I—I Lot Oru1Ly , , I I^-I Rr.�ild 0 GnMtr 0 Hkwlrild T o ta ® � M� Ives oalr Rope LAND USE CATEGORIES Lle W.&. Wnalty - Rwd-41 I ?, . W.Au Hip 15-0ty Pnldanlld PWu antl Rtorwtin Ir B—oa.od ON- a �• o Mdu.[fltl aA UR16t ` y 4 ��1x8raB i ._y �trurakwnGYvf¢ Pk* 9t $ey a k+lemi Gord - I � ' E.WN[4-11, Clive. ED Fmilty(ACES) �a t CF 1= _} Cawmm } ma4do AICVJa — - i f Lake — - - Na�eEnd.L4 m..dm.tW b 1 Pk�h., MFr bcRIM W.a.9.�q r1W9..Yl+4a4 NORTH yJplpp M 1 G6{py}16 WALM I IA161 IMF-id REACH 4AZ a MJIY b ft—alla.d t.e Mkl 5 T�}{M.a 11111-11 Y}31G} 21 4 5G15/06 3Wd76.i4 Mcp 1-7 3ffl' + 7J511a a>a3-4a Future Land Use Flap — 2025 SCbyE IN FEET With Adjacent Land Uses & RORiH Parks Open 5pcee mw "Wrmaw wry ADM City of Aventuro Comprehensive Plan — 1998 „� , "wGww ,IRK 2014 Evaluation & Appraisal Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er C�5� BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located at 2785 NE 183 Street from B2, Community Business District, to RMF4, Multi-Family High Density Residential, City (the "Rezoning") Case File No. REZ2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4C June 14, 2022 11t Reading City Commission Meeting Agenda Item 7B July 19, 2022 2"1 Reading City Commission Meeting Agenda Item 8B RECOMMENDATION It is recommended that the City Commission approve Rezoning for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the `Property") to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the Rezoning on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: High Density Residential Property to the North: Business and Office Property to the South: High Density Residential Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium/Townhomes Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 2 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed Rezoning will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel will be High Density Residential. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are currently no significant sites available in other areas zoned for such use. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The City's Comprehensive Plan encourages the redevelopment of the Biscayne Boulevard corridor. This development fulfills those plan goals. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The Rezoning will not adversely affect traffic patterns or congestion. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed Rezoning will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed Rezoning will not have an adverse environmental impact on the vicinity. 3 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed Rezoning will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 4 EXHIBIT 1 REZ2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 REZ2205-0001 BROWARD COUNTY `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ AVENTURA 0,v ■/ w ■ U ' O c`. ,, ■ Fire r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne Maurn ?� Sound -'a arbour 180 ST. Lake e w N Point �cS • East fr Mani • ;+ hope' 9 Z r It lazy ` '•.,` • r � a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + EXHIBIT 3 REZ2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet. thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties LLC and Kerrin Properties LLC, through Application No. REZ2205-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 1.55 acre parcel of land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue from B2, Community Business District, to RMF4, Multi- Family High Density Residential; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Ordinance No. 2022- Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. Pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "A," from B2, Community Business District, to RMF4, Multi-Family High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions. Section 5. Disclaimer and Condition. Pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. 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 a development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development.This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Vice Mayor Landman and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 19t" day of July, 2022. Page 3 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 5 City of Aventura Ordinance No. 2022- EXHIBIT A - Le2al Description 1.05 acre parcel at 2785 NE 183 Street, Aventura. (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCR[PTION: (parcel 1): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 Of Section 3, Township 52 South, Range 42 East, Mlami-Dodt County, Florida, being mote particularly described as follows; Commence at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North, 0 degrees .46 minutes 52 seconds West, along the lost described course, for 301,00 feet, thence South 89 degrees 13 minutes 08 seconds West, at right angles to the lost described course,. for 132.00 feet to 0 Point Of curvature" thence southwesterly. southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes W seconds for an orc distance of 31.42 feet to a point of tangenc)r, thence South 0 degrees 46 minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East line of the Southeast 1/4 of th's Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida, (Parcel 2) Parking Lot: A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, t described as follows: Range 42 East Miorni—Dade County, Fiarida, being more particularly descri Commence at the. Southwest come of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line Of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes; 52 seconds West along the lost desenbed course, for 79.94 feet thence East for 246 .91 feet: thence South, at right angles to,the Ice described course, for 114.42 feet to 0 point On the next described curve, said point bears Worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curw, thence NorihWesterly. westerly and southwesterly, along said circular curve to the let having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131,83 feet North of as measured at riot angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lost by calculations. Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp/�w Community Development Director DATE: July 15, 2022 SUBJECT: Request of Pinstripes, Inc. for Conditional Use Approval to Permit Indoor Recreational Uses in the Community Business (132) Zone at 19505 Biscayne Boulevard (Esplanade by Seritage) (Application #CUP2206-0001) July 19, 2022 City Commission Meeting Agenda Item 8D RECOMMENDATION It is recommended that the City Commission approve the above-mentioned conditional use request to allow Pinstripes, Inc. to operate a bowling facility at Esplanade Aventura. THE REQUEST The Applicant is requesting Conditional Use Approval to permit a bowling facility in the new Esplanade — a shopping, dining and entertainment development at 19505 Biscayne Boulevard, where Sears was previously located. The Applicant's Letter of Intent is attached as Exhibit #1 to this Staff Report. BACKGROUND OWNER OF PROPERTY Seritage SRC Finance LLC APPLICANT Pinstripes, Inc. LOCATION OF PROPERTY 19505 Biscayne Blvd. (formerly Sears) LEGAL DESCRIPTION Part Tract Q, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County, Florida, City of Aventura EXISTING ZONING B2 - Community Business FUTURE LAND USE DESIGNATION Business and Office APPLICABLE LAND DEVELOPMENT REGULATIONS Subject to conditional use approval, Section 31- 144(c)(2)(g) of the City's Land Development Regulations (LDRs) allows indoor commercial recreation uses including, but not limited to: theaters, bowling, miniature golf, skating, health clubs and physical fitness facilities. The seven (7) standards for review of Conditional Uses are listed in Sec. 31-73(c). The standards are individually listed and analyzed regarding this application below. ANALYSIS 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan; specifically, a collection of different commercial and retail uses is encouraged within the Business and Office designation. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The bowling aspect of Pinstripes, Inc. makes up about 15% of their business, according to their letter of intent. Drinking and dining are major components of the operation. The use will be monitored to ensure that it remains a positive impact on the general public health and safety. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The use is consistent with the community character provided on the adjacent property (Aventura Mall), including commercial recreation. 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 these LDRs. The necessary public facilities to service the proposed use and maintain levels of service exist. 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. 2 Adequate existing ingress and egress to the proposed use exists along Abigail Road. 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. Esplanade Aventura has been planned and constructed in accordance with the City's Land Development Regulations. The specific proposed use (restaurant with bowling) is within the approved development. It will not have any adverse impacts, visual or otherwise, to adjacent properties. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. Exhibit #1: Letter of Intent 3 EXHIBIT 1 CU P2206-0001 PINSTRIPES BISTRO BOWLING BOCCE r Conditional Use Permit: 5/2022 Pinstripes Letter of Intent: Pinstripes has three main components to our business: Dining and Bar(40%), Private event (45%), and Gaming (15%). We offer a full menu in every area of our venue along with Liquor, Beer, and Wine. We generally operate within the following hours. Mon-10:00am-10:00pm Tues- 10:00am- 12:00am Wed- 10:00am-12:00am Thurs- 10:00am-12:00am Fri- 10:00am-1:00am Saturday-10:00am-1:00am Sunday-10:00am- 10:00pm We have 13 locations in 9 states, every market is different and, in every market,we find that these daily hours may vary based on business patterns, tenant relationships, and the local community. Alcohol will be provided within those hours with a last call generally 15 mins before the venue closes. We are a family friendly venue that allows all ages at all times. Looking at our food and beverage sales, it generally breaks down to 35% liquor, beer, and wine vs. 65% Food.The main reason for the large swing is from our Events department. Larger events may purchase beverage packages.We comply with State recommended liquor training and/or requirements.We have our MGRs and Chefs complete Servsafe requirements and TIPS/ABRA alcohol requirements so we can instruct our staff on proper procedures. We will be securing an On Premise Full Liquor License with a subsequent Off premise Catering License. Our venues are incredibly dynamic and are built to allow groups of all sizes to gather and enjoy dining, gaming, or celebrations of all kinds. We plan on having approximately 74 tables.These will include lounge areas by our bowling lanes, high top tables by our bars, dining tables in our bistro, and "chef tables"that can fit up to 8-10 people. Currently we have approximately 662 seats with a total capacity of approximately 1,000. We pride ourselves on also integrating into communities through philanthropic donations, partnerships, and hosting events. We generally fall between 30%-50%events vs. reservations and individual gaming. The main driver for our increase in events percentage can be linked to calendar holidays, such as Easter, St. Patrick's Day, Mother's Day, Christmas, New Year's, where corporate groups look to celebrate. We also host a number of weddings, bar mitzvahs, bat mitzvahs, and other milestone life events. With our venue's size we anticipate employing approximately 120 full and part time employees; staffing 70 Front of the House team members and 40 Back of the House kitchen members, and 5 Event/Catering Sales team members. We have a steady lunch business, with three main groups. First, corporate lunches, that look to take a break from the office or conduct an "out of office meeting". Second, we encourage families with kids PINSTRIPES BISTRO BOWLING BOCCE r Conditional Use Permit: 5/2022 under 12 to join our"Kids Club", enjoying bowling with added incentives and special events.Third, we have our seniors club with discounted lunch pricing and gaming. Dinner is far more intense with a vibrant Happy Hour in our Patio/Gaming/and Bar areas that then naturally roll into our dinner service. Our Bistro is full with parties of all sizes, from a couple's date night to a group of 20 enjoying a birthday dinner. Our weekends are busy entertaining the brunch crowd until mid afternoons. Saturdays we offer an a la carte menu while on Sundays we unveil our brunch buffet with a medley of selections.The buffet also includes action stations including a belgian waffle station, omelet bar, and a prime rib carving station. Peppered throughout the venue at the same time are corporate/social functions. We work tirelessly to move the guests seamlessly through the venue. 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)(G) OF THE CITY CODE OF ORDINANCES, TO PERMIT A BOWLING FACILITY IN ESPLANADE AVENTURA, LOCATED AT 19505 BISCAYNE BOULEVARD, TENANT SPACE 3290; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 31-144(c)(2)(g) of the City of Aventura (the "City") Land Development Regulations ("LDRs"), an indoor commercial recreation use may be established on property zoned B2 (Community Business) District, if approved by the City Commission as a conditional use; and WHEREAS, Section 31-73(c) of the LDRs set forth standards by which conditional use applications are reviewed; and WHEREAS, Pinstripes, Inc. (the "Applicant") has, through Application No. CUP2206-0001, requested Conditional Use Approval to permit the operation of an indoor commercial recreation use, specifically a bowling facility, in tenant space 3290 at 19505 Biscayne Blvd., also known as Esplanade Aventura (the "Property"); and WHEREAS, the Property is zoned B2, Community Business District; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the intent of the conditional use being considered is for approval specific to the Applicant and the identified location, and not applicable broadly or to any other commercial recreation use; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution Section 2. Application CUP2206-0001 for Conditional Use Approval to operate a Bowling Facility at 19505 Biscayne Boulevard, Tenant Space 3290, also known as Esplanade Aventura, is hereby granted. 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 City of Aventura Resolution No. 2022- 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 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 FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director NkL DATE: July 15, 2022 SUBJECT: Resolution Adopting in Principle the Capital Improvement Program Document 2022/23 to 2026/27 July 19, 2022 City Commission Meeting Agenda Item 9 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program ("CIP") for 2022/23 to 2026/27. BACKGROUND The 2022/23 to 2026/27 CIP document was reviewed in detail at the June 23, 2022 Commission Workshop Meeting. As discussed at the Workshop, the Administration has prepared what we believe is a fiscally conservative operating and capital budget. As a result of the pandemic, all projects have been reviewed and re-prioritized to avoid utilizing any General Fund reserves in balancing the FY 2022/23 operating and capital budget. Since this is an evolving situation, it may be necessary to make further adjustments to our revenues and/or expenditures as outlined below. At the time the CIP was prepared and for the last two years, COVID-19 has caused major disruption in international and U.S. economies and markets. Due to the fear of further spread of the virus, many of our societal norms have been altered due to quarantines, the cancellation of events and the overall reduction in business and economic activity. As we have seen, the impacts and responses to COVID-19 on a global, national, state and local level continue to evolve. With the rollout of the COVID-19 vaccine in FY 2021, things are slowly returning to normal and we can see the light at the end of the tunnel. Since the pandemic's full financial impact is unknown at this time, the Administration has Memo to City Commission Page 2 prepared a conservative budget by holding most operating revenues and expenditures relatively flat whenever possible. As the distribution of the COVID-19 vaccine continues and with the infusion of various Federal funding programs (i.e., CARES and the American Rescue Plan Act), City operations will continue to stabilize and completely return to a "traditional" environment in the coming year. In FY 2020/21, as part of the American Rescue Plan Act, the U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Funds allocated $18,525,074 to the City. The intent of the funds is to aid and assist eligible governmental entities in recovery efforts resulting from the economic fallout of the COVID-19 pandemic. At the time this CIP was prepared, the City Commission approved the spending plan for approximately $15 million of the allocation. Projects such as park improvements, IT software and hardware upgrades (including a new financial software system), premium pay, radio communication system upgrades and stormwater and seawall replacement were included in the spending plan. Some of these projects were included in the prior year's CIP document. As a result, the FY 2022/23 — FY2026/27 CIP removed projects proposed in the prior year's CIP that are now funded by the ARPA and added new projects to address the needs of the City. A listing of the approved ARPA projects is provided for informational purposes only. Once the final Operating Budget is adopted in September, this document will be updated again (if necessary) so that the two (2) documents are in agreement. If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2022/23 TO 2026/27; 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 Capital Improvement Program document for fiscal years 2022/23 to 2026/27, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology, and Capital Equipment Purchase and Replacement, which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. Page 1 of 3 City of Aventura Resolution No. 2022- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2022/23 to 2026/27 attached hereto and incorporated herein. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 19t" day of July, 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 AV,p� City of Aventura CAPITAL IMPROVEMENT PROGRAM 2022123 -202612 7 i Ir .� If/�3T r .i '_ CITY OF AVENTU RA CAPITAL IMPROVEMENT PROGRAM 2022/23 - 2026/27 q 5%C CITY COMMISSION Mayor Enid Weisman Vice Mayor Denise Landman Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley CITY MANAGER Ronald J. Wasson DEPARTMENT DIRECTORS Weiss Serota Helfman Cole & Bierman, P.L., City Attorney Bryan Pegues, Assistant City Manager Mike Bentolila, Chief of Police Melissa Cruz, Finance Director Ellisa L. Horvath, City Clerk Jeff Kiltie, Arts & Cultural Center General Manager Keven R. Klopp, Community Development Director Joseph S. Kroll, Public Works/Transportation Director Karen J. Lanke, Information Technology Director Kimberly Merchant, Community Services Director Anthony Tyrkala, Aventura City of Excellence School Principal Geoff McKee, Don Soffer Aventura High School Principal CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23 -2026/27 YI V THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23—2026/27 TABLE OF CONTENTS City Manager's Capital Improvement Program Message................................................................... i-iv Five-Year Highlights........................................................................................................................... v-vi INTRODUCTION Purpose of the Capital Improvement Program................................................................................2 LegalAuthority.................................................................................................................................2 Development of the Capital Improvement Program........................................................................3 Capital Improvement Program Policies........................................................................................3-4 Preparingthe Capital Budget ..........................................................................................................4 Locating a Specific Capital Project..................................................................................................4 Reading the Program Schedules.....................................................................................................4 CIPPreparation Calendar................................................................................................................5 OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects..............................................................................................8 Summary of Major Programs by Year.............................................................................................8 Summary of Proposed Appropriations by Funding Source.............................................................9 Summary of Projects by Location and Year.................................................................................. 10 FUNDING PLAN Introduction .................................................................................................................................... 12 Debt vs. Pay-As-You-Go Financing..........................................................................................12-13 Required Separation of Funding Sources..................................................................................... 13 Summary of Financing Plan Model................................................................................................ 13 PROPOSED FINANCING PLAN FOR THE GENERAL FUND —001...........................................15-19 BEAUTIFICATION AND PARK FACILITY IMPROVEMENT PROJECTS...................................21-28 PROPOSED FINANCING PLAN FOR THE TRANSPORTATION AND STREET MAINTENANCE FUND— 120..........................................................................29-30 TRANSPORTATION SYSTEM IMPROVEMENT PROJECTS......................................................31-36 PROPOSED FINANCING PLAN FOR THE STORMWATER UTILITY FUND—410...................37-38 DRAINAGE SYSTEM IMPROVEMENT PROJECTS ....................................................................39-43 PUBLIC BUILDINGS AND FACILITY IMPROVEMENT PROJECTS...........................................45-50 INFORMATION TECHNOLOGY IMPROVEMENT PROJECTS ...................................................51-56 CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS ..................................57-63 AMERICAN RESCUE PLAN ACT ("ARPA") GRANT FUNDED PROJECTS.............................64-66 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 YI V THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK .== - City ®f Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager June 17, 2022 The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura (the "City") Capital Improvement Program ("CIP")for the fiscal period October 1, 2022 through September 30, 2027 and the proposed Capital Budget for the Fiscal period October 1, 2022 through September 30, 2027. The primary goal of the CIP is to develop a long-term plan of proposed capital expenditures,the means and methods of financing and a schedule of priorities for implementation. It is important to stress that the CIP is a planning tool to evaluate both the infrastructure needs and financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. At this point in the City's history, the need for major capital improvement funding has decreased substantially due to a very ambitious schedule of completing major community facilities and infrastructure projects during the past twenty-five (25) years since the City's incorporation. This document represents an update of the CIP that was originally prepared for the five-year cycle of 2021/22 to 2025/26. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four (4) years of last year's program were re-evaluated in light of unanticipated needs, cost revisions, new project priorities and the City's financial condition. In addition, the CIP was updated to add new projects in the fifth (5th) year (FY 2026/27) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. CIP and Budget Implications Resulting from the Coronavirus ("COVID-191 Pandemic At the time the CIP was prepared and for the last two years, COVID-19 has caused major disruption in international and U.S. economies and markets. Due to the fear of further spread of the virus, many of our societal norms have been altered due to quarantines, the cancellation of events and the overall reduction in business and economic activity. As we have seen, the impacts and responses to COVID-19 on a global, national, state and local level continue to evolve. With the rollout of the COVID-19 vaccine in FY 2021, things are slowly returning to normal and we can see the light at the end of the tunnel. Since the pandemic's full financial impact is unknown at this time, the Administration has prepared a conservative budget by holding most operating revenues and expenditures relatively flat whenever possible. i As the distribution of the COVID-19 vaccine continues and with the infusion of various Federal funding programs (i.e., CARES and the American Rescue Plan Act), City operations will continue to stabilize and completely return to a "traditional" environment in the coming year. In FY 2020/21, as part of the American Rescue Plan Act, the U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Funds allocated $18,525,074 to the City. The intent of the funds is to aid and assist eligible governmental entities in recovery efforts resulting from the economic fallout of the COVID-19 pandemic. At the time this CIP was prepared, the City Commission approved the spending plan for approximately $15 million of the allocation. Projects such as park improvements, IT software and hardware upgrades (including a new financial software system), premium pay, radio communication system upgrades and stormwater and seawall replacement were included in the spending plan. Some of these projects were included in the prior year's CIP document. As a result, the FY 2022/23 — FY2026/27 CIP removed projects proposed in the prior year's CIP that are now funded by the ARPA and added new projects to address the needs of the City. We have included a listing of the approved ARPA projects for informational purposes only. Details around the ARPA grant funded projects can be found later in this document on pages 64-66. The following information represents the significant revisions or modifications to the projected CIP as compared to the prior year's CIP document: Beautification and Park Facility Improvement Projects Founders Park • Reduced $290,000 worth of projects over the five-year period due to American Rescue Plan Act ("ARPA") grant funding allocated for projects that were included in the prior year's CIP document. The reduction included $200,000 for the installation of lights around the field and $150,000 for a new tennis court. These projects will be completed with ARPA grant funding. Waterways Park • Reduced $143,200 worth of projects over the five-year period, due to American Rescue Plan Act ("ARPA") grant funding allocated for projects that were included in the prior year's CIP document. Most of the reduction included $230,000 for playground replacement and resurfacing offset by an addition of$75,000 for new benches and trash cans. The playground replacement will be completed with ARPA grant funding. Transportation System Improvement Projects Road Resurfacing Program • Reprioritized the repaving of Country Club Drive. The planned area to be resurfaced increased from a portion of the road to the entire street, raising the projection from $520,000 in FY 2024/25 to $1,400,000 to be completed over FY 2024/25 and FY 2025/26. • With ARPA funding available, the resurfacing of 183rd Street, Yacht Club Drive and NE 29tn Ave was completed earlier than planned in FY 2021/22, which allowed for the following additions for the FY 2022/23 — FY 2026/27 CIP: o Added $250,000 for NE 1881" Street in FY 2023/24. o Added $500,000 for NE 1851" Street/NE 31st from Biscayne Blvd and 183rd Street in FY 2023/24. o Added $475,000 for NE 301" Ave from 203rd to 210t" Street. Transportation System Improvements • Added $110,000 for new crosswalk solar lighting locations in FY 2026/27. ii Drainage System Improvement Projects • Overall reduction of $275,000 in funding for various stormwater drainage improvement projects as some projects were allocated funding through the ARPA grant for FY 2022/23 — FY 2025/26. Public Buildings and Facility Improvement Projects • Removed funding for AACC and CRC Roof replacements of $65,000 and $95,000, respectively. Both projects were prioritized and completed earlier than planned in FY 2021/22. They were originally planned to be completed in FY 2022/23 and FY 2023/24. • Added $400,000 for the replacement of chillers at Government Center in FY 2024/25. • Added $50,000 for Commission Dias upgrades in FY 2025/26. • Added $30,000 for 31d floor bathroom upgrades in FY 2026/27 • Removed $55,000 in funding for the Community Recreation Center office renovations. ARPA grant funding was allocated for this project. • Removed $160,000 in funding for classroom furniture at ACES. This project will be covered by the Elementary and Secondary School Emergency Relief("ESSER") grant fund. • Deferred the following projects to accommodate higher priority projects mentioned above: o $70,000 from FY 2022/23 to FY 2023/24 to renovate the CRC restrooms. o $9,000 from FY 2022/23 to FY 2023/24 to replace the 4t" floor hallway lighting. o $10,000 from FY2023/24 to FY2025/26 to replace the 1 st floor lighting. The original project was projected at $10,000 however, it was increased to $32,000 to include the 2nd floor and upgrade to LED lighting. The proposed 2022/23 — 2026/27 CIP includes 38 projects in six (6) functional categories with a total value of $18,534,770. The following represents the percentage of total funding that each functional category has been allocated: • Beautification and Park Facility Improvement Projects (12%) • Transportation System Improvement Projects (18%) • Drainage System Improvement Projects (14%) • Public Building and Facility Improvement Projects (9%) • Information Technology Improvement Projects (26%) • Capital Equipment Purchase and Replacement Projects (21%) Major emphasis was placed on the following projects: • Beautification and Park Facility Improvement Projects ($2,150,800) • Road Resurfacing ($2,625,000) • Transportation System Improvements ($590,000) • Government Center Improvements ($724,000) • Stormwater Drainage Improvements ($2,685,000) • Air Conditioning Unit Replacements ($425,000) It should be noted that the City and the Aventura Mall continue to work together to design a traffic flow improvement project that will address congestion on Country Club Drive, resulting from motorists going east on the William Lehman Causeway. This project has not been included in this document, since a traffic operations analysis, design plans and construction drawings will need to be prepared by the City and approved by FDOT and Miami-Dade County priorto moving forward. Funding forthis analysis in the amount of$650,000 has been provided by the Aventura Mall and is available from the Capital Projects Fund — Public Works/Transportation Capital Reserve. This document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on conservative estimates and assumes that revenues and operating expenditures grow at specified levels and can be maintained at certain percentage increases, respectively. Please note that all iii projects and assumptions are re-evaluated every year to account for unanticipated needs, cost revisions, new project priorities and the City's financial condition. I am proud of the many accomplishments and the support that the City Commission and residents have shown in the implementation of the capital projects since the City's incorporation. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, K-8 Charter School, Don Soffer Aventura High School, Arts & Cultural Center, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. It most importantly serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet those demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions, which contribute to the City's long-term financial health. I am pleased to submit the 2022/23 — 2026/27 CIP document which will be reviewed in detail at the June 23, 2022 Commission Workshop. The preparation and formulation of this important planning program could not have been accomplished without the dedicated assistance and efforts of all Department Directors and the Finance Director. I am also extremely grateful to the City Commission for their continued support in assuring that this City remains the City of Excellence. Upon our collective review of the 2022/23 —2026/27 CIP, I respectfully request and recommend that we hold a public hearing at the July 19, 2022 Commission Meeting to conceptually adopt (by Resolution), the final CIP document for implementation. Upon your review of this document, if you should have any questions or require additional information, please let me know. Respectfully submitted, Ronald J. a son City Mana iv CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23—2026/27 FIVE-YEAR HIGHLIGHTS Beautification and Park Facility Improvement Projects (BP) ✓ Founders Park and Waterways Park Improvements totaling $1,472,500 and $320,050, respectively to maintain and enhance these facilities. Transportation Improvement Projects (TI) ✓ Road Resurfacing projects totaling $2,625,000 to resurface asphalt and enhance safety on NE 1881"Street, NE 1851"Street and NE 31 st Ave from Biscayne Blvd to 1831d Street, Country Club Dr and NE 30t" Ave from 2031d to 210t" Street. ✓ Transportation System Improvements totaling $590,000 to provide new crosswalk solar lighting at various locations. ✓ Bike Share Station Program totaling $42,500 to replace bikes at each station. Drainage Improvement Projects (DI) ✓ Stormwater Drainage Improvements totaling $2,685,000 to address the long-term impacts of the rising sea levels including the following in FY 2022/23: • Drainage Improvements for Infrastructure Replacement at Aventura Blvd; and • Curb Replacement on 183rd Street from 271" Ave to Dumbfounding Bay. Public Building and Facility Improvement Projects (PBF) ✓ Building Repairs and Other Improvements totaling $281,000 at Aventura City of Excellence School ("ACES") to: • Install an awning from elementary school to the gym ($3,000) • Renovate middle school restroom ($35,000) • Replace playground surfacing and equipment ($243,000) ✓ Government Center Improvements totaling $724,000 primarily to: Replace chillers ($400,000) Replace carpeting at the Government Center ($65,000) Upgrade bathrooms at the Government Center ($70,000) Upgrade Commission Chamber Dais ($50,000) Replace carpeting in the Commission Chambers ($75,000); and to Upgrade hallway lighting ($64,000) at the Government Center ✓ HVAC Replacements at the Government Center and at ACES, ($165,500 and $260,000, respectively). v Information Technology Improvement Projects (IT) ✓ Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. ✓ Provides the necessary funding to continue the installation and maintenance of the computers, laptops, servers and network infrastructure at the Don SofferAventura High School ("DSAHS") and ACES. Capital Equipment Purchase and Replacement Projects (CE) ✓ Provides the necessary equipment to continue to provide high quality and effective police services. ✓ Ensures that the tools of production, vehicles and equipment are available for City operations. ✓ Continues the installation and placement of classroom furniture for DSAHS. THE REST OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK vi CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 ::mac =�c;'• INTRODUCTION This section describes what the City's CIP is, the process for developing it and the Capital Budget and how to locate a specific project in this document. Purpose of the Capital Improvement Program The purpose of the CIP is to establish a long-term plan of proposed capital expenditures, the means and methods of financing and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long-term budgetary plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character and durable equipment with a life expectancy of more than one (1)year. In addition, equipment that has a value less than $5,000 is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates the City's capital priorities and project implementing plan to its citizens, businesses and interested parties. The five-year CIP is updated annually to add new projects in the fifth (51") year, to re-evaluate the program and project priorities in light of unanticipated needs and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes an integral part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating projects with respect to function, location and timing. 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed fi rst. 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. Legal Authority A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statutes. 2 Development of the Capital Improvement Program The City's capital programming process began in January when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2022/23 — 2026/27. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office for a comprehensive review. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, the needs of the residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability and Deferability. The City Manager reviewed departmental requests and he and the Finance Director conducted individual meetings with the Department Directors. The departmental requests were prioritized by the City Manager and the five-year schedule of projects was compiled into document form by the Finance Director. The methods of financing and revenue sources were then prepared by the Finance Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and the public for their review. In order to facilitate public involvement, a workshop and a public hearing will be held to review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program Policies • Annually, the City will prepare a five-year CIP analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. • The City will perform all capital improvements in accordance with an adopted CIP. • The classification of items as capital or operating will be determined by two criteria —cost and frequency. Generally, a capital project has a "useful life" of more than one (1)year and a value of$5,000 or more. In addition, equipment that has a value of$5,000 or less is also included in the document for budgetary purposes. • The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. • The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. • The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. • The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the CIP document that is submitted to the City Commission for approval. • The City will determine the most appropriate financing method for all new projects. • If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. • The City will maintain ongoing maintenance schedules relating to transportation, sidewalk and drainage system improvements. • The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. • A CIP preparation calendar shall be established and adhered to. • Capital projects will conform to the City's Comprehensive Plan. • Long-term borrowing will not be used to fund current operations or normal maintenance. 3 • The City will strive to maintain an unreserved/undesignated General Fund Fund Balance at a level not less than 10% of the annual General Fund revenue. • If new project appropriation needs are identified for a specific capital project(s) at an interim period during the fiscal year, the funding sources will be identified and a budget amendment will be utilized to provide the formal budgetary authority. Preparing the Capital Budget The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five-year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. The CIP preparation thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for a new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. Locating a Specific Capital Project The CIP is divided into six (6) program areas as follows: 1. Beautification and Park Facility Improvement Projects (BP) 2. Transportation System Improvement Projects (TI) 3. Drainage System Improvement Projects (DI) 4. Public Building and Facility Improvement Projects (PBF) 5. Information Technology Improvement Projects (IT) 6. Capital Equipment Purchase and Replacement Projects (CE) Each project in the CIP has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to the functional category number assigned by the City Manager and the final digits outline the individual department requesting the project. For example, project BP1-CS is Beautification and Park Facility Improvement Projects number one (1) requested by the Community Services Department. Reading the Program Schedules Detailed information about each capital project is provided directly under the Project Number and above the related detailed Funding Schedule. The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program area has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. 4 CIP Preparation Calendar 2022/23 Date Responsibility Action Required January 7 Finance Director CIP Preparation Manual and Request Forms are distributed to all Department Directors via email. January 18 to All Department Directors Completed CIP request packages February 12 are submitted to City Manager. March 1 to City Manager Review of departmental requests and March 31 Finance Director conduct individual departmental CIP meetings. Departmental requests are prioritized. April 1 to City Manager Five Year schedule of projects is April 30 Finance Director prepared and method of financing is determined. Five year revenue and expenditure forecasts are prepared. May 1 to Finance Director Proposed CIP document is prepared May 28 and printed in final form. June 17 City Manager Proposed CIP document is submitted to City Commission. June 23 City Commission Workshop review meeting. City Manager July 19 City Commission Public Hearing on CIP and adoption. 5 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 Ir '� THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 6 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 OVERVIEW OF RECOMMENDED PROJECTS 7 Summary of Recommended Projects The proposed 2022/23 — 2026/27 CIP includes 38 projects in six (6) functional categories with a total value of $18,534,770. The following represents the percentage of total funding that each functional category has been allocated: 1. Beautification and Park Facility Improvement Projects (12%) 2. Transportation System Improvement Projects (18%) 3. Drainage System Improvement Projects (14%) 4. Public Building and Facility Improvement Projects (9%) 5. Information Technology Improvement Projects (26%) 6. Capital Equipment Purchase and Replacement Projects (21%) Summary of Major Programs by Year The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five (5) years covered by the CIP. TABLE 1 CAPITAL IMPROVEMENT PROGRAM SUMMARY OF MAJOR PROGRAMS BY YEAR PROJECTS SCHEDULED FOR 2022123-2026127 PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED PROGRAM 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL Beautification&Park Facility Improvement Projects $ 103,800 $ 612,300 $ 358,600 $ 334,350 $ 741,750 $ 2,150,800 Transportation System Improvement Projects 138,500 868,500 788,500 868,500 593,500 3,257,500 Drainage System Improvement Projects 460,000 975,000 800,000 450,000 2,685,000 Public Building&Facility Improvement Projects 148,000 695,400 530,500 278,500 97,000 1,749,400 Information Technology Improvement Projects 1,080,970 1,006,375 874,775 970,375 937,475 4,869,970 Capital Equipment Purchase&Replacement Project 734,100 974,300 746,550 713,350 653,800 3,822,100 Total 2,665,370 $ 5,131,875 $ 4,098,925 $ 3,615,075 $ 3,023,525 $ 18,534,770 Capital Improvement Program 2022/23 - 2026/27 Summary of Major Programs by Function 21% 12% 18% 14% 9% ■ Beautification/Park Facility Transport System Drainage System Public Bldg&Facility ■ Information Technology _ Capital Equipment Purch/Replace 8 Summary of Proposed Appropriations by Funding Source The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five (5)years of the program. TABLE 2 CAPITAL IMPROVEMENT PROGRAM SUMMARY BY PROPOSED APPROPRIATIONS BY FUNDING SOURCE PROJECTS SCHEDULED FOR 2022123-2026127 PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDINGSOURCE 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL General Fund-001 $ 1,226,825 $ 2,406,375 $ 2,060,925 $ 1,693,575 $ 1,809,025 $ 9,196,725 Transportation and Street Maintenance Fund-120 138,500 868,500 788,500 868,500 593,500 3,257,500 Charter School Fund-190 450,500 672,000 289,500 468,000 486,000 2,366,000 Charter High School Fund-191 306,845 210,000 160,000 135,000 135,000 946,845 Capital Projects Fund-392 82,700 - - - - 82,700 Stormwater Utility Fund-410 460,000 975,000 800,000 450,000 - 2,685,000 Totals $ 2,665,370 $ 5,131,875 $ 4,098,925 $ 3,615,075 $ 3,023,525 $ 18,534,770 The proposed funding plan involves a commitment to "pay-as-you-go" annual appropriations established in yearly budgets and does not include the issuance of any additional long-term debt. Capital Improvement Program 2022/23 - 2026/27 Summary of Proposed Appropriations by Funding Source 0% 14% 5% 13% ■ General Fund ■ Transport&Street Maint.Fund Charter School Fund ■ Charter HS Fund ■ Capital Projects Fund ■ StormW2ter Utility Fund 9 Summary of Projects by Location and Year The following table outlines the major Beautification and Park Facility and Transportation Improvement Projects by location and the year in which they are proposed to be funded: TABLE 3 CAPITAL IMPROVEMENT PROGRAM 2022/23 -2026/27 SUMMARY OF PROJECTS BY LOCATION AND YEAR Beautification and Park Facility Transportation Improvement Improvement Location Projects Projects Beautification and Park Facility Improvement Projects Founders Park Improvements 2022/23-2026/27 N/A Waterways Park Improvements 2022/23-2026/27 N/A Waterways Dog Park Improvements 2022/23-2025/26 N/A Veterans Park Improvements 2022/23-2025/26 N/A Peace Park Improvements 2022/23-2025/26 N/A Citywide Beautification Improvements 2022/23-2026/27 N/A Road Resurfacing Program NE 1881h St. N/A 2022/23 NE 185th/NE 31stfrom Biscayne to 183rd N/A 2023/24 Country Club Dr. N/A 2024/25-2025/26 NE 30th from 203rd to 210th N/A 2026/27 Transportation System Improvements New Crosswalk Solar Lighting Locations N/A 2022/23-2026/27 Bike Share Station Program Replace Bicycles N/A 2022/23-2026/27 10 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 FUNDING PLAN 11 Introduction In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CIP itself but the required operating expenditures and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five-year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets and ordinances to implement fee structures which will be required to fund the program each year. Debt vs. Pay-As-You-Go Financing Debt financing through the issuance of long-term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. 2. Larger projects cannot be broken into segments and the costs distributed over a longer time frame without impairing the usefulness of the project. 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long-term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause 12 tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CIP. Required Separation of Funding Sources In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund — 001 2. Transportation and Street Maintenance Fund — 120 3. Charter School Fund ("ACES")— 190 4. Don Soffer Aventura High School Fund ("DSAHS")— 191 5. Capital Projects Fund — 392 6. Stormwater Utility Fund —410 In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for ACES and DSAHS are included in separate Budgets previously adopted by the City Commission. Summary of Financing Plan Model Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilizes "pay-as-you-go" financing through annual appropriations to fund the five-year amount of$18,534,770. 2. Adjusts ad valorem tax revenues based on projected conservative growth in assessments. 13 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 Ir '� THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 14 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 PROPOSED FINANCING PLAN FOR THE GENERAL FUND - 001 15 Proposed Financing Plan for the General Fund —001 After evaluating the nature of the various projects that are included in the City's General Fund CIP, it was decided that pay-as-you-go financing would be the most appropriate method for funding the program. Financing Plan Tables Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General Fund CIP for each year of the program. Table 4 presents a five-year projection of available resources for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during FY 2021/22. Revenue descriptions followed by an asterisk (*)were computed based on a projected increase in the rate structure as outlined in the REVENUE ASSUMPTIONS UTILIZED FOR PROJECTIONS section immediately following the Table. Table 5 presents a five-year projection of required operating expenditures for General Government Services which utilize the cost data as outlined in the OPERATING EXPENDITURE ASSUMPTIONS UTILIZED FOR PROJECTIONS section immediately following the Table. Table 6 is a recap of resources available to fund the General Fund CIP based on projected revenues and expenditures and the proposed CIP appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures may be transferred to the General Fund Capital Reserves which could be used to fund unexpected capital outlays or to fund future years' programs. THE REST OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 16 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 Ir '� THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 17 TABLE 4 GENERAL FUND PROJECTION OF AVAILABLE RESOURCES FOR GENERAL GOVERNMENT SERVICES SUMMARY BY YEAR ADOPTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED REVENUES 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Ad Valorem Taxes $ 17,213,084 $ 18,841,832 $ 19,028,250 $ 19,216,533 $ 19,501,781 $ 19,984,326 (a) Section 185 Premium Tax 425,000 400,000 475,000 500,000 525,000 530,000 Utility Taxes 6,205,000 6,405,000 7,041,150 7,278,385 7,466,737 7,656,239 (b) Unified Communications Tax 1,650,000 1,650,000 1,666,500 1,683,165 1,699,997 1,716,997 City Business Tax 825,000 850,000 840,000 848,400 856,884 865,453 (c) Building Related Rewnue 2,612,500 3,147,500 2,657,500 2,687,500 2,712,500 2,732,500 (d) Franchise Fee-Electric 3,425,000 3,450,000 3,860,000 4,000,000 4,060,000 4,100,000 (e) Franchise Fee-Other 727,000 717,000 752,400 762,872 784,258 806,286 (f) State Rewnue Sharing 730,000 750,000 825,000 864,000 889,920 916,618 (g) Half Cent Sales Tax 2,475,000 2,500,000 2,800,000 2,995,000 3,084,850 3,177,396 (h) County Business Tax 40,000 40,000 45,000 50,000 52,500 55,000 Intergovernmental Revenues-Other 37,676 44,676 49,873 52,572 55,272 57,975 (i) Charges for.Ser\lces 2,330,346 2,836,643 2,497,809 2,609,879 2,692,876 2,776,823 0) Fines&Forfeitures 1,782,500 1,982,500 1,990,500 2,039,000 2,054,500 2,065,000 (k) Misc.Revenues 195,000 185,000 185,000 185,000 185,000 185,000 Total Proj.Avail. Resources $ 40,673,106 $ 43,800,151 $ 44,713,982 $ 45,772,306 $ 46,622,075 $ 47,625,613 REVENUE ASSUMPTIONS UTILIZED FOR PROJECTIONS (a) Ad Valorem Taxes are projected to increase at a rate between 1%and 2.5%per year. (b) Utility Taxes are projected to increase at varying rates of 0.1%and 10.9%per year. (See Note 2 below). (c) City Business Tax is projected to increase at a rate between 1%and 1.8%per year. (d) Building Related Revenue is projected to increase at a rate between .7%and 1.7%per year. (e) Franchise Fee-Electric is projected to increase in FY 2022/23 due to the implementation of the newly adopted FPL agreement that became effective in June of 2020. M Franchise Fee-Other is projected to increase at a rate between 1.3% and 5.6% per year (for gas and sanitation) while towing is projected to remain stable over the same period. (g) State Revenue Sharing is projected to approximate pre COVID-19 levels in FY 2022/23 and then to increase at a rate of 3%per year. (h) Half Cent Sales Tax is projected to approximate pre COVID-19 levels in FY 2022/23 and then to increase at a rate of 3%per year. (i) Intergovernmental Revenues-Other is projected to approximate pre COVID-19 levels in FY 2022/23 and then to increase at a rate of approximately 3.5%per year. 0) The Police Services Agreement with the Aventura Mall (the largest portion of Charges for Services category) is projected to increase at a rate of 2.5%per year. (k) Fines&Forfeitures is projected to increase from FY 2022/23-FY 2026/27. 18 TABLE 5 GENERAL FUND PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES SUMMARY BY YEAR ADOPTED PROJECTED PROJECTED PROJECTE ROJEC PROJECTED DEPARTM 2021/22 2022123 2023/ 2024/25 2025/ 2026/27 City Commission $ 154,709 $ 170,909 $ 172,618 $ 174,344 $ 177,831 $ 181,388 Office of the City Manager 764,675 1,095,538 1,106,493 1,117,558 1,151,085 1,174,107 Legal 317,000 380,000 380,000 380,000 380,000 380,000 City Clerk's Office 380,112 394,367 402,254 410,299 422,608 431,060 Finance 1,121,069 1,136,803 1,148,171 1,159,653 1,194,443 1,218,332 Information Technology 1,154,235 1,212,802 1,224,930 1,249,429 1,286,912 1,312,650 Police 21,507,990 22,158,699 22,579,714 23,257,105 23,954,818 24,673,463 Community Development 3,107,347 3,698,498 3,614,164 3,706,448 3,831,029 3,917,566 Community Services 2,619,012 2,826,851 2,855,120 2,897,947 2,984,885 3,044,583 Public Works/Transportation 3,350,686 3,379,822 3,413,620 3,464,824 3,568,769 3,640,144 Arts&Cultural Center 886,788 990,184 1,000,086 1,020,088 1,050,691 1,071,705 Non-Departmental 1,545,125 1,610,125 1,626,226 1,658,751 1,691,926 1,725,765 Total Proj.Operating Exp. for General Gov.Svcs. 36,908,748 39,054,598 39,523,396 40,496,446 41,694,997 42,770,763 Total Proj.Debt Svice./Trans. 2,350,655 2,353,043 2,351,306 2,348,978 2,339,959 2,339,162 Total Proj.Exp. $ 39,259,403 $ 41,407,641 $ 41,874,702 $ 42,845,424 $ 034,956 $ 45,109,925 OPERATING EXPENDITURE ASSUMPTIONS UTILIZED FOR PROJECTIONS - Operating expenditures are projected to increase an average of 1% -3% per year. TABLE 6 GENERAL FUND RECAP OF PROJECTED AVAILABLE RESOURCES AND OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES SUMMARY BY YEAR ADOPTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED DEPARTMENT 2021122 2022/23 2023/24 2024/25 2025/26 2026/27 Total Proj.Avail. Resources $ 40,673,106 $ 43,800,151 $ 44,713,982 $ 45,772,306 $ 46,622,075 $ 47,625,613 Proj.Operating Exp. 36,908,748 39,054,598 39,523,396 40,496,446 41,694,997 42,770,763 Proj. Debt Sete./Trans.(Include HS) 2,350,655 2,350,655 2,349,522 2,351,306 2,348,978 2,339,959 Subtotal 39,259,403 41,405,253 41,872,918 42,847,752 44,043,975 45,110,722 Balance after Operating Exp. &Debt Svice./Trans. 1,413,703 2,394,898 2,841,064 2,924,554 2,578,100 2,514,891 Less CIP Appropriations for: Beautification/Park Facility 37,350 103,800 612,300 358,600 334,350 741,750 Public Bldg&Facility 25,000 55,000 341,900 530,500 226,000 55,000 Information Technology 279,375 429,125 487,875 435,275 429,875 368,475 Capital Equipment Purch/Replace 568,350 638,900 964,300 736,550 703,350 643,800 910,075 1,226,825 2,406,375 2,060,925 1,693,575 1,809,025 Charter HS Operating Cost Subsidy 477,628 - - - - - Amount added to CIP Reserve $ 26,000 $ 1,168,073 $ 434,689 $ 863,629 $ 884,525 $ 705,866 Charter HS Debt Svice. - - - - - - Total Amount Needed from General Fund-High School 19 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 Ir '� THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 20 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 BEAUTIFICATION AND PARK FACILITY IMPROVEMENT PROJECTS 21 Beautification and Park Facility Improvement Projects This section includes beautification projects and improvements to the City's park system and recreational facilities. There are six (6) projects in the CIP, which total $2,150,800. Special emphasis was given to upgrading existing park facilities. Policies The City's investment in improvements to its City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. ■ Provide a variety of quality recreational facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. ■ Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. ■ Provide exercise/walking paths and designated areas for bike riders to enhance the physical well-being of residents. ■ Provide recreational facilities on the basis of 2.75 acres per 1,000 population. ■ Encourage the integration of recreational facilities into the development of residential, commercial, industrial and open space land uses. Goal: Update the five-year CIP on an annual basis. ■ Provide parks whereby residents have access to neighborhood parks within a two (2) mile radius and community parks which serve the entire City. Goal: Increase safety standards ■ Provide for adequate security measures including the limited access to facilities. ■ Replace dangerous equipment and eliminate visual barriers to reduce criminal opportunities. ■ Employ vandal-resistant equipment and facilities. ■ Maintain a Parks Usage Plan to protect the City's investment in the park system and ensure the residents' safety. Goal: Protect and preserve environmentally sensitive land and water areas. ■ Preserve and enhance open space with environmental impact. Existing Facilities There are 32 acres of open space and public park land within the City. Arthur I Snyder Memorial Park This 3.5-acre site was purchased in 1998 and was one (1) of the City's last remaining waterfront undeveloped parcels. This park contains the Community Recreation Center as well as open passive and sitting areas. Aventura Founders Park This 11-acre site located on W. Country Club Drive and NE 190t" Street was opened in November 1998 and includes both active and passive recreational opportunities. The park encompasses the following components: splash pad, jogging path, tennis courts, gated entries, one (1) ball field with dugouts and backstops, restroom buildings, decorative fencing, playground, picnic area, passive play areas, baywalk, landscaping, two (2) parking lots, multi-purpose plaza areas, signage, benches and security lighting. 22 Don Soffer Exercise/WaIking Path This site contains 5.5 acres that are classified as open space recreation area and is used by residents for both recreational and exercise purposes. Peace Park This 1.5-acre site was dedicated to the City in 2013 and was opened in 2016. Facilities and amenities include a children's playground, adult exercise equipment, an open playfield area, playground facilities, walkways and landscaping with shade trees. Veterans Park This 2-acre site was acquired by the City from a private developer in 2001 and is located on NE 31 st Avenue. Facilities and amenities include a parking lot, 1.5-acre open playfield area, playground facilities, restroom facilities and landscaping with shade trees. This park was modified in 2008 by removing the dog play area, expanding the children's play area and adding a restroom facility. Waterways Dog Park This 1.5-acre site was acquired by the City in 1998 from the private developer who constructed it and was converted to a dog park in 2008. Waterways Park The 7-acre site was purchased in 2006 and was opened in 2008. Facilities and amenities include a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities. Prior Accomplishments The following projects have been completed or are scheduled for completion by the end of FY 2021/22: Project Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Purchase of 5.5 acres for Aventura Founders Park 1996/97 Bus Shelter& Bench Replacements 1996/97, 1997/98, 1998/99 1999/00, 2000/01, 2001/02 2005/06 Aventura Boulevard Beautification Improvements 1997/98 Northern Entrance Beautification Improvements 1997/98 Aventura Founders Park Development 1997/98 Country Club Drive Exercise/Walking Path Improvements 1997/98 NE 183rd Street Beautification Improvements 1997/98 NE 34t" Avenue Beautification Improvements 1997/98 Library Landscaping Project 1997/98 Huber Tract Open Space Land Purchase 1998/99 NE 2071" Street Beautification Improvements 1998/99 Country Club Drive Exercise Path Safety Improvements 1998/99, 2004/05, 2009/10 NE 1901" Street Beautification Improvements 1998/99 Biscayne Boulevard Phase I Beautification Improvements 1998/99 FEC Landscape Buffer 1998/99 NE 191stStreet Beautification Improvements 1998/99 Waterways Park Improvements 1999/00, 2013/14, 2014/15 2015/16, 2016/17, 2018/19 23 Founders Park Improvements 1999/00, 2001/02, 2002/03 2003/04, 2005/06, 2010/11 2013/14, 2014/15, 2015/16 2016/17, 2018/19, 2019/20 Biscayne Boulevard Phase II Beautification Improvements 1999/00 NE 1851" Street & NE 28t" Avenue Beautification Improvements 1999/00 NE 213t" Street Beautification Improvements 2001/02 Aventura Boulevard Entrance Features 2001/02 Community Recreation Center Conceptual Design 2000/01 Community Recreation Center Development 2001/02 Expanded Waterways Park Purchase 2003/04 Biscayne Boulevard Phase II Beautification Improvements 2001/02 Country Club Drive Beautification Improvements 2002/03 Newspaper Racks 2002/03, 2003/04 NE 1881" Street Beautification Improvements 2002/03 Yacht Club Way Beautification Improvements 2003/04 William Lehman Causeway Beautification Improvements 2003/04, 2004/05 Veterans Park Development 2003/04 Waterways Park Design 2005/06 Founders Park Parking Lot Expansion 2005/06 NE 2071" Street Swale Beautification Improvements 2005/06 Waterways Park Development 2006/07, 2007/08 Splashpad Addition to Founders Park 2006/07 Miami Gardens Drive Beautification Improvements 2006/07 Waterways Dog Park Development 2007/08 Veterans Park Modifications & Improvements 2007/08, 2013/14 Entrance Features Upgrades 2010/11 Peace Park Design 2014/15 Peace Park Construction 2015/16 Exercise Trail Path Lighting System 2015/16 Replaced Canopies/Fencing throughout the City as a result of Hurricane Irma 2017/18 Replaced Playground Equipment at Veterans Park 2017/18 Hurricane Irma Landscaping Action Plan 2017/18 Waterways Dog Park Improvements 2019/20 Peace Park ADA restroom construction 2021/22 Park Facilities/Open Space Recreation The City's estimated current population is 38,041. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 102 acres. In calculating the number of recreational acres, the City has available for use by its residents, public and private marinas and golf courses are accounted for at a different degree depending on their accessibility to the City's residents. Assuming that public facilities can be accounted for at 100%, private recreational facilities at 50% and marinas and the golf course at 25%, the City's existing and proposed recreation areas total 117. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreational and open space areas. The City owns 32 park/open space acres. 24 TABLE PFOS 1 RECREATION/OPEN SPACE INVENTORY Applicable Type Facility Acres Acres Public Recreation Areas(100%) C Arthur I Snyder Memorial Park 3.50 3.50 N Aventura Founders Park 11.00 11.00 C Don Soffer Exercise/Walking path 5.50 5.50 N Peace Park 1.50 1.50 N Veterans Park 2.00 2.00 N Waterways Dog Park 1.50 1.50 N Waterways Park 7.00 7.00 Subtotal 32.00 32.00 Private Recreation Areas P Private Recreation Sites(50%) 63.61 31.81 P Marina Complexes(25%) 9.40 2.35 P Golf Courses(25%) 203.17 50.79 Subtotal 276.18 84.96 Total 308.18 116.96 Tickmark Legend. C=Community Park N=Neighborhood Park P=Private Recreation Areas Funding Plan by Source Total funding required for the proposed Beautification and Park Facility Improvement Projects will be $2,150,800 and will be funded as follows: PROPOSED BEAUTIFICATION AND PARK FACILITY IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23 -2023/27 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDING SOURCE 2022/23 2023/24 2024/26 2026/26 2026/27 TOTAL General Fund-001 $ 103,800 $ 612,300 $ 358,600 $ 334,350 $ 741,750 $ 2,150,800 Totals $ 103,800 $ 612,300 $ 368,600 $ 334,360 $ 741,760 $ 2,160,800 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Beautification and Park Facility Improvement Projects: ✓ Summary by Year (Table PB-1) ✓ Funding Plan by Project Category (Table PB-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table PB-3) 25 CD� k k 0 N 0 0 / k o / N \ \ / 2 f co w Csi e _ § § S S 2 S S 2 e o 7 7 w 7 9rl�, § 0 2 \ & = V 04 e I,- w a e _ m § k k C \ \ \ \ k m § 0 k § / / k / k o cm m w 3 / 6 ¥ LU k q \ a r & a q § § § / / \ \ / $ \ 0 = C%l w w LL IL e _ ( m _ z a S S S S S S 0 z 0 0 0 0 0 0 0 2 e 7 7 o R o o « § \ \ N \ f 7 k o N o w r w 6 0 a o r o = r o \ \ CM � Q CO a q > / 2 Cl) w � w w 0 - C%f a 04 CL (L m 0 � e _ / m _ 0 0 < \ § § k k k \ \ \ \ \ —J \ 04 A § 0 \ r- w / w 6 < A LU E / / / / / / � � 0 LL m LU ƒ q a � « e _ E m $ ® o n o 0 0 0 0 0 0 o 0 2 § k 2 U Q 2 gD S S / \ < q ƒ E o Z 1 § 0 ƒ / Q J ¥ o g 2 = = m ; $ § 0 � 0 S 0 E } § $ ƒ r = w E = 2 § ; E E § CL v k & § } / § .§ �_ ® ® LL _ / = J \ kLL 2 \ j j E t E « , a- = % G E / / / / / \ m \ \ \ \ 2 o o w f E E § \ J w n w m Q § § $ % ƒ 0 $ $ / } 4 4 $ J G 2 E y CO J y ƒ I $ E / f 5 > a ° E $ / 5 $ cL E $ 3 £ 2 + J & \ E \ } \ \ 2 * 3 % £ & e k \ / \ Q � \ / / a-( \ k I o a } / / $ I O 2 E 2 2 7 2 E J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O In O O O O O O 0 F O O O Ln O O O O O O O O O O O O L O O O O O O O O O O O LO V LO O W O O O O O O O In V N o0 I- O O O LO O O O F O N N O LO In V m 00 O (\I N m f— In M O N LO N N LO Cl) 6% EA 6% EA p r� O ' ' O ' ' O O ' O ' o W N O O O O O O F O O O O O O WN O O N N Ln L O LO d) LO N N ON LO w a (» v3 (» v3 p m O O O ' ' O O O ' O o F N O O O O O O O O WN LO M O O N M LO L O N N N N LO O N _`" O N a M M � N n p Lo O ' ' ' O ' ' ' ' ' ' O ' O O O O O ' ' ' O ' ' O O F N O O O O O O O O O O O CO O O O O O O O O O O O W N p LO O O O In O O (o In O U ' N O0 N V 00 N N N N LO 00 W O O O Oa Z p I o " o o o o o o " " o y o o o o o o O F N Y O O O O O O O O i O O O O O O O W (y i O O O O O O O O O O O O O O O O W U N LO LO O o0 o O O 00 (0 O O LO LO O m N N (0 In In V M In (0 N N f� N I 00 cz a a Z ^� ('M U� 6% d3 EA d3 N _ Np M O O O O O ' ' ' ' ' ' ' ' ' ' ' O ~ F Q �N04 . 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Uj o m Ot ja) :2mRww —w"ON°-) mm R q R R O R U R R R y LOv rURq R R R R oU oS Rw y0 F R y Q Q Q Q Q Q y y Q U Q C Q N R y Q Q Q N y 2 a co F c o 0 0 0 0 o w O o 0 o 0 0 o w O o 0 0 o c o U U U F U a a a a a U a = a = a = (o y m m m ro ti CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 PROPOSED FINANCING PLAN FOR THE TRANSPORTATION AND STREET MAINTENANCE FUND - 120 29 Proposed Financing Plan for the Transportation and Street Maintenance Fund - 120 This fund was established to account for restricted revenues and expenditures which by State Statute and the County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs.The table below reflects the anticipated revenues available and the proposed appropriations. A total of $3,517,500 from this fund will be utilized to fund the transportation enhancements, street maintenance and construction costs during the five-year period. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Transportation and Street Maintenance Fund for the five-year period. TABLE 7 TRANSPORTATION AND STREET MAINTENANCE FUND-120 RECAP OF PROJECTED AVAILABLE RESOURCES AND APPROPRIATIONS SUMMARY BY YEAR ADOPTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED 2021122 2022/23 2023/24 2024/25 2025/26 2026/27 REVENUE PROJECTIONS Intergovernmental Revenues State Revenue Sharing(1) $ 210,000 $ 220,000 $ 230,000 $ 240,000 $ 255,000 $ 265,000 Local Option Cap.Impr.Gas Tax(1) 115,000 126,000 125,000 132,500 135,000 140,000 Local Option Gas Tax(1) 316,000 350,000 345,000 365,000 370,000 380,000 County Transit System Surtax(1) 1,350,000 1,600,000 1,490,000 1,615,000 1,620,000 1,625,000 Subtotal 1,991,000 2,296,000 2,190,000 2,352,500 2,380,000 2,410,000 Miscellaneous Revenues Interest 3,000 3,000 3,000 3,000 3,000 3,000 Citywide Bicycle Sharing 40,000 35,000 35,000 35,000 35,000 35,000 Subtotal 43,000 38,000 38,000 38,000 38,000 38,000 Fund Balance Carryover-Other - - 134,500 10,698 124,900 182,080 Carryover-Impact Fees 347,954 500,000 1,080,000 1,080,000 1,080,000 1,080,000 347,954 500,000 1,214,500 1,090,698 1,204,900 1,262,080 Totavailable Resources $ 2,381,954 $ 2,834,000 $ 3,442,500 $ 3,481,198 $ 3,622,900 $ 3,710,080 EXPENDITURES CONTRACTUAL SERVICES Public Works/Transportation-5401541 Landscape/Tree Maint/Streets(2) $ 726,000 $ 726,000 $ 727,452 $ 731,089 $ 734,744 $ 738,418 City-Wide Bicycle Sharing(2) 84,290 85,000 85,850 86,709 87,576 88,452 Enhanced Transit Services(3) 830,000 550,000 550,000 550,000 550,000 550,000 On-Demand Transit Services l3) 322,954 1,080,000 1,080,000 1,080,000 1,080,000 1,080,000 TVMS Maintenance(3) 120,000 120,000 120,000 120,000 120,000 120,000 Total Operating Expenditures 2,083,244 2,561,000 2,563,302 2,567,798 2,572,320 2,576,870 Balance after Operating Expenditures 298,710 273,000 879,198 913,400 1,050,580 1,133,210 Less CIP Appropriations for Transportation Improvement Projects: CAPITAL OUTLAY Public Works/Transportation-5401541 Circulator System Improv. 25,000 - - - - Road Resurfacing 118,000 - 750,000 650,000 750,000 475,000 Citywide Bicycle Sharing 3,000 8,500 8,500 8,500 8,500 8,500 Transportation System Improv. 110,000 130,000 110,000 130,000 110,000 110,000 Capital Reserve-Other 42,710 Total Capital Expenditures 298,710 138,500 868,500 788,500 868,500 593,500 Amount Available for Carryover $ - $ 134,500 $ 10,698 $ 124,900 $ 182,080 $ 539,710 30 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 TRANSPORTATION SYSTEM IMPROVEMENT PROJECTS 31 Transportation Improvement Projects This section includes improvements to the City's transportation system, roadways, sidewalks, pedestrian pathways, street lighting, transit and other infrastructure improvements. There are three (3) improvement projects in the CIP totaling $3,257,500. Special emphasis was given to road resurfacing, transportation system improvements, circulator system improvements and the bike share station program in order to address maintenance considerations. The projects outlined in this section have been developed based on our consulting engineer and staff's survey of all City areas. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City's investment in improvements to its transportation system, roads, sidewalks and street lighting is based on the following policies: Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. ■ Systematically provide local street improvements throughout the City based upon the existing condition, age and the cost of maintenance of the street. ■ Implement improvements to meet safety standards. ■ Improve safety by installing street lighting on all appropriate public roadways. ■ Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. ■ Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97- 05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. Existing Facilities The following is a schedule of current public roads under the jurisdiction of the City: Avenue(s) Boulevard Court Drive(s) Place(s) Street(s) Terrace(s) Way NE 27' Aventura-(NE 199`"St.) NE 27' East Country Club NE 28' NE 183'd NE 208`h Turnberry NE 28' NE 28' North Country Club NE 29' NE 185' NE 214`h Yacht Club NE 29' West Country Club NE 187' NE 30' Yacht Club NE 188' NE 31s` NE 190' NE 34' NE 191s` NE 192nd N E 193'd NE 199t'(Aventura Blvd.) NE 203'd NE 205' NE 206' NE 207' NE 208' NE 209' NE 211' NE 213' 32 N E 214' Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion by the end of FY 2021/22: Project Title Year Sidewalk Installation — Southside of Lehman Causeway 1996/97 Pedestrian Safety Study 1996/97 Aventura Boulevard Street Lighting Improvements 1997/98 NE 1831d Street Improvements 1997/98 NE 1831d Street Lighting Improvements 1997/98 NE 2071" Street Lighting Improvements 1997/98 Pedestrian Transportation Circulation Safety Improvements 1997/98 NE 190t" Street Lighting Improvements 1998/99 Sidewalk Improvements & Replacements 1998/99, 1999/00, 2000/01 NE 341" Avenue Street Lighting Improvements 1999/00 NE 185t" Street & NE 281" Avenue Improvements 1999/00 Country Club Drive Safety Improvements 1999/00 NE 2131" Street Lighting Improvements 2000/01 NE 34t" Avenue Safety/Road Improvements 2000/01 Country Club Drive Improvements 2002/03, 2012/13, 2013/14 Yacht Club Way Lighting Improvements 2003/04 NE 31st Avenue Decorative Street Lighting 2003/04 Extension of William Lehman Causeway Westbound Service Road 2003/04 Illuminated Street Signs 2003/04 NE 2071" Street Resurfacing 2004/05 Traffic Video Monitoring Program 2004/05, 2005/06 Directional Signs 2004/05 Miami Gardens Drive 2005/06 Aventura Boulevard Resurfacing 2005/06 Miami Gardens Drive Extension & Street Lighting 2006/07 NE 29t" Avenue Street Lighting Improvements 2006/07 Yacht Club Drive Resurfacing 2006/07 Countdown Pedestrian Walkway Signals 2006/07 Traffic Video Monitoring Program — Phase 1 2006/07 Traffic Video Monitoring Program — Phase 11 2007/08 NE 29t" Place and Yacht Club Way Resurfacing 2007/08 NE 2091" Street/Biscayne Boulevard Traffic Improvements 2007/08 NE 1871" Street Traffic Improvements 2007/08 NE 1801" & NE 182nd Street/Biscayne Boulevard Signage 2007/08 NE 1991" Street/West Country Club Drive Turning Lane 2008/09 NE 1901" Street Resurfacing 2008/09, 2019/20 NE 191st Street/Biscayne Boulevard Traffic Improvements 2008/09 Hospital District Resurfacing 2009/10 NE 183rd Street Resurfacing & Road Improvements 2009/10 Yacht Club Way Bridge Improvements 2009/10 Country Club Drive Bus Shelters 2010/11 NE 291" Avenue & NE 187t" Street Resurfacing 2010/11 NE 341" Avenue Street Resurfacing 2010/11 Biscayne Boulevard Street Light Upgrades— Phase 1 2010/11 Biscayne Boulevard Street Light Upgrades— Phase 2 2011/12 NE 185t"Street, NE 31st Avenue, NE 1881" Street & NE 191s'Street Resurfacing 2011/12 Biscayne Boulevard Street Light Upgrades— Phase 3 2012/13 Traffic Signal at NE 1851" Street & NE 28t" Court 2012/13 33 Turning Lane at North Country Club Drive & NE 34t" Avenue 2012/13 Biscayne Boulevard Street Light Upgrades— Phase 4 2013/14 Traffic Flow Improvements NE 1851" Street 2013/14 NE 29t" Place Resurfacing 2014/15 Biscayne Lake Gardens Resurfacing 2014/15 NE 2071" Street Resurfacing 2014/15 Traffic Video Monitoring System Upgrades 2014/15, 2015/16 NE 1851" Street Turning Lane Improvements 2014/15 NE 191 st Street Resurfacing 2015/16 NE 29t" Place (South) Street Lights & Resurfacing 2015/16 NE 213t" Street Resurfacing 2015/16 Yacht Club Way Bridge Repairs 2015/16 Country Club Drive Flashing Pedestrian Crossing Signs 2015/16 NE 30t" Avenue Street Lighting 2015/16 NE 27t" Avenue, NE 28t" Court, NE 30t" Avenue & NE 209t" Street Resurfacing 2016/17 Aventura Boulevard Street Lighting 2017/18 Mystic Point Drive Road Resurfacing 2018/19 School Zone Flashing Beacons— Don Soffer Aventura High School 2019/20 Porta Vita Pedestrian Crosswalk 2019/20 Country Club Drive Crosswalk 2020/21 Yacht Club Drive Resurfacing 2020/21 Aventura Hospital Crosswalk 2021/22 183rd Street Crosswalk 2021/22 NE 29t" Place Resurfacing 2021/22 183rd Street Road Resurfacing 2021/22 Yacht Club Drive Resurfacing 2021/22 Road and Infrastructure Improvements The majority of the projects outlined in the Transportation Improvement Project functional category are closely aligned with drainage improvements in accordance with established road resurfacing maintenance schedules. Funding Plan by Source Total funding required for the proposed Transportation Improvements Projects will be $3,257,500 and will be funded as follows: PROPOSED TRANSPORTATION IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23-2026/27 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDINGSOURCE 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL Transport.&Street Maint.Fund-120 $ 138,500 $ 868,500 $ 788,500 $ 868,500 $ 593,500 $ 3,257,500 Totals i 138,500 $ 868,500 $ 788,500 $ 868,500 $ 593,500 $ 3,257,500 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Transportation Improvement Projects: ✓ Summary by Year (Table TI-1) ✓ Funding Plan by Project Category (Table TI-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table TI-3) 34 k \ \ \ k / / q w Cl) m _ S § G G G § e (D 9 9 « ll� � \o / Q N � LO/w � m _ § § k k / k N ? ? ? 8 o G / § _ o o r N r c . 6 6 w I 2 2 7 $ ® k CO CO 2 a n _ w ^ coJ \ ƒ § § k k k k � m _ w § G Cl) # o e / / / \ §/ � _ I- w a. / 0 \ N I- j ® N�CD w a > � ® q S g G G G $ q v m _ A » e n 9 9 « L o m y u � o o = it LU 2 � \ q \ Q 2 C % � � a \ \ \ m 2 0 § 2 \ 0 LU a_ a_ z m 0 \ m _ m 2 § $ o q = « « � a. m § o n CD 0 o 2 E LU q \ k� f § -J LU / q a « eƒ § § / / ~ 2 w o § _E § CL 9 3 2 » / E / m ® 6LU R, 2 3 o R 2 < w g \ \ \ 0 \LLJ \ \ IL § a_ a_ z 0 , ) e w Q a) o ` 2 $ a \ / $ a § 0 § § ± E a a e m ) 2 _E 2 § / / / » / E / \ a- 0) k § \ \ 2 \ $ \ \ w of _ _ ) 0 k of e a CO Q O O O O O O O O O O O O O O O O O O O O O O O O O O O Ln in in O O O O In W O O N N f-- F In O O [- N O T V I In N In V V (C In W Cl! 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Z 3 0 am+ +O- N +O- m 00 d' C o0 In �' Q C t C m = o p a0 a0 O N p U O 7 U M m U 01 U cn Y_ .� Z Z U Z ,N Z m N Of O O 'a IL a h h h N M F F F CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 PROPOSED FINANCING PLAN FOR THE STORMWATER UTILITY FUND - 410 37 Proposed Financing Plan for the Stormwater Utility Fund -410 The City is responsible for stormwater management activities within its corporate boundaries. In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund. The Utility relies on user fees charged to residents and businesses for generating revenues. A total of $2,685,000 from this fund will be utilized to fund the stormwater drainage improvement projects during the five-year period. The City's Stormwater Utility Fee is $3.50/ERU but will continue to be monitored to see if any adjustments may be necessary in order to sustain the fund's projected future operating and capital expenditures. Table 8 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five-year period. TABLE 8 STORMWATER UTILITY FUND RECAP OF PROJECTED AVAILABLE RESOURCES AND APPROPRIATIONS SUMMARY BY YEAR ADOPTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 REVENUE PROJECTIONS Charges for Services Stormwater Utility Fees $ 1,465,000 $ 1,465,000 $ 1,479,650 $ 1,494,447 $ 1,509,391 $ 1,524,485 Subtotal 1,465,000 1,465,000 1,479,650 1,494,447 1,509,391 1,524,485 Miscellaneous Revenues Interest 2,000 2,000 2,000 2,000 2,000 2,000 Subtotal 2,000 2,000 2,000 2,000 2,000 2,000 Fund Balance Carryo\er 38,250 38,250 329,750 92,500 15,511 272,748 Subtotal 38,250 38,250 329,750 92,500 15,511 272,748 Total Projected Available Resources $ 1,505,250 $ 1,505,250 $ 1,811,400 $ 1,588,947 $ 1,526,902 $ 1,799,233 EXPENSES CONTRACTUAL SERVICES Public Works/Transportation-5401538 Prof.Semites-Engineering(2) 150,000 170,000 $ 176,800 $ 183,872 $ 191,227 $ 198,876 Lands Maint.-Streets(2) 370,000 370,000 384,800 400,192 416,200 432,848 Street Maint./Drainage(2) 170,000 170,000 176,800 183,872 191,227 198,876 Subtotal 690,000 710,000 738,400 767,936 798,654 830,600 OTHER OPERATING EXPENSES Public Works/Transportation-5401538 Subscriptions&Memberships(r) 1,250 1,500 1,500 1,500 1,500 1,500 Conferences&Seminars(r) 2,500 2,500 2,500 2,500 2,500 2,500 Training rri 1,500 1,500 1,500 1,500 1,500 1,500 Subtotal 5,250 5,500 5,500 5,500 5,500 5,500 Total Operating Expenses 695,250 715,500 743,900 773,436 804,154 836,100 Balance after Operating Expenses 810,000 789,750 1,067,500 815,511 722,748 963,133 Less CIP Appropriations for Drainage Improvement Projects CAPITAL OUTLAY Public Works/Transportation-5401538 Drainage lmproeements $ 810,000 $ 460,000 $ 975,000 $ 800,000 $ 450,000 $ Total Capital Expenditures 810,000 460,000 975,000 800,000 450,000 Amount Available for Carryover $ - $ 329,750 $ 92,500 $ 15,511 $ 272,748 $ 963,133 ASSUMPTIONS UTILIZED FOR PROJECTIONS: (r)Stormwater Utility Fees and Other Operating Expenses projected to increase by 1%/year. (2)Contractual Semites includes Operation,Maintenance,Engineering and Administration which is projected to increase by 4%/year. 38 CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 DRAINAGE SYSTEM IMPROVEMENT PROJECTS 39 Drainage Improvement Projects This section includes improvements to the City's drainage system and other infrastructure improvements. There is one (1) drainage improvement project in the CIP totaling $2,685,000. Special emphasis was given to stormwater drainage improvements in order to address maintenance considerations. The project outlined in this section has been developed based on our consulting engineer and staffs survey of all City areas. The project was prioritized according to the urgency of the improvements needed and the age of the areas to be improved. Policies The City's investment in its drainage system improvements is based on the following policy: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. ■ Coordinate area-wide storm water developments with major street improvements. ■ Provide adequate storm drainage as defined by present standards for different types of areas of the City. ■ Upgrade areas of the City to conform to the present drainage standards in order to eliminate flood prone areas. ■ Implement projects that address the long-term problems of the rising sea levels. Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion by the end of FY 2021/22: Project Title Year Country Club Drive Drainage Improvements 1996/97 NE 1831d Street& Drainage Improvements 1997/98 North Aventura Stormwater Collector (213th Street) 1997/98 South Aventura Stormwater Collector 1998/99 NE 30th Avenue Drainage Improvements 2000/01 Biscayne Lake Gardens Area Drainage Improvements 2001/02 NE 188th Street, Lighting & Drainage Improvements 2002/03 NE 190th Street Drainage Improvements 2002/03 Yacht Club Way Drainage and Lighting Improvements 2003/04 Hospital District NE 213th Street Drainage Connector 2003/04 Hospital District North Collector 2004/05 Yacht Club Drive Seawall Improvements 2005/06 NE 213th Street Outfall Drainage Improvement 2006/07 NE 190th Street Drainage Improvements 2007/08 NE 191st Street &29th Avenue Drainage Improvements 2008/09 NE 29th Place Drainage Improvements & Resurfacing 2014/15, 2019/20 NE 191st Street Drainage Improvements & Resurfacing 2015/16 NE 29th Place (South) Drainage Improvements, Street Lights & Resurfacing 2015/16 NE 213th Street Seawall Repairs 2015/16 Stormwater Master Plan — Phase 1 2015/16 NE 1831d Street, NE 188th Street & NE 190th Street Seawall Improvements 2016/17 Stormwater Master Plan — Phase 11 2016/17 Aventura Boulevard Drainage Improvement 2017/18, 2019/20 Country Club Drive Drainage Improvement (Swales) 2017/18 Country Club Drive Irrigation Relocation 2018/19 Country Club Drive & Lehman Causeway Curb & Fill Project 2018/19 Storm Grates NE Section 2018/19 Country Club Curb Improvements— Phase 1 2019/20 40 NE 29t" Place &Aventura Boulevard Drainage Improvements 2020/21 Stormwater Master Plan — Phase III & IV 2020/21 Yacht Club Drive Drainage Improvements 2021/22 1831d Street Drainage Improvements 2021/22 Funding Plan by Source Total funding required for the proposed Drainage Improvements Projects will be $2,685,000 and will be funded as follows: PROPOSED DRAINAGE IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23-2026/27 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDING SOURCE 2022123 2023124 2024126 2026126 2026127 TOTAL Stormwater Utility Fund-410 $ 460,000 $ 975,000 $ 800,000 $ 450,000 $ - $ 2,685,000 $ 460,000 $ 976,000 $ 800,000 $ 460,000 $ - $ 2,686,000 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Transportation Improvement Projects: ✓ Summary by Year (Table DI-1) ✓ Funding Plan by Project Category (Table DI-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table DI-3) THE REST OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 41 aO O O o o C o LO 00 co c N N (A 64 H N CO W N O N w 6c> 64 co w N O 0 w H O O Lo O O J O O WN O O a Lo LO 00 co O N IT = z (O co Lo LL N N a 6c> 6 6c> 64 U) w N O O J O O Q O o V W 0 0 0 V O 00 co LU N 00 CO w } (D (D O w 0 N N a N d 6c) d3 0. 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The CIP includes five (5) projects totaling$1,749,400. The major projects encompassed in this Program include Building Repairs and Other Improvements, Community Recreation Center Improvements, Government Center/Facility Improvements and HVAC Replacements. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: ✓ Provide easily accessible services to City residents and adequate parking for City facilities. ✓ Repair and maintain all buildings and facilities in proper working order to increase the useful life of these facilities. Prior Accomplishments The following projects have been completed or are scheduled for completion by the end of FY 2021/22: Project Title Year Government Center/Police Station Needs Assessment Study 1996/97 Government Center Land Purchase 1997/98 Design of Government Center/Police Department 1997/98 Construction of Government Center 1999/00, 2000/01 Purchase of Charter Elementary School Property 2001/02 Construction of Charter Elementary School 2002/03 Community Recreation Center Improvements 2003/04, 2004/05, 2006/07, 2007/08 Construction of Middle School Wing to Charter School 2004/05 Holiday Lighting for Government Center 2005/06 Design of Arts & Cultural Center 2007/08 Classroom Additions to Charter School 2008/09 Arts & Cultural Center Construction 2008/09, 2009/10 Government Center Chiller Replacements 2009/10 Police Department Office Improvement 2009/10 Government Center Security Equipment Upgrade 2010/11 Government Center Commission Chambers Video Upgrade 2010/11 Government Center Parking Expansion Design 2011/12 Government Center Parking Garage 2012/13 Police Communications Center Improvements 2014/15 Middle School Roof Repairs 2018/19 Restroom Renovation — Elementary School 2018/19 Extend the Sidewalk near the Middle School 2018/19 Charter School (ACES) Security Enhancements 2018/19 Community Recreation Center Security Enhancements 2018/19 Design & Build the Don Soffer Aventura High School 2018/19 Arts & Cultural Center Roof Replacement 2021/22 Community Recreation Center Roof Replacement 2021/22 46 Funding Plan by Source Total funding required for the proposed Public Building and Facility Improvements Projects will be $1,749,400 and will be funded as follows: PROPOSED PUBLIC BUILDING AND FACILITY IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23 -2026/27 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDINGSOURCE 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL General Fund-001 $ 55,000 $ 341,900 $ 530,500 $ 226,000 $ 55,000 $ 1,208,400 Charter School Fund-190 93,000 353,500 - 52,500 42,000 541,000 Totals $ 148,000 $ 695,400 $ 530,500 $ 278,500 $ 97,000 $ 1,749,400 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Public Building and Facility Improvements Projects: ✓ Summary by Year (Table PBF-1) ✓ Funding Plan by Project Category (Table PBF-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table PBF-3) 47 k 0 \ 0 0 § ° \ ® \ \ q LU \ 0 0 0 a v CO / / \ / CD a m m § ~ E 0 ) 0 ' ' 0 8 R R R LU § 0 0 0 a / / % \ \ w W) R R R W LL S § 2 \ r ®C,4 ~ ) CD k 0 0 0 a ® ® ) o 3 % § o � 0 0 0 0 $ § Q w F- 2 \ \ \ $ w 04 S g ^ / 8 L � 7 � / I -J , o o o o 0 / ® - \ / \ / k 2 o _ o o o o 0 2 ° Q 3 \ « o 0 0 0 0& w q & m Q w 2 w n R R R R % 2 » / § § \ \ ) \ / § / % \ o w co & a. � a 0 e m f _ _ f � ® - Q § o n o o o o o Q L # § § » w q o 0 0 0 0 & m o LL 04 » w cj 0 0 0 0 a LL � � w = u m t < I < C _ S / CO G S # I < � E 5 / © / E m & LL X o ~ & LL w 4 < < a k k < a z e LU 2 e J a 2 / 2 _ _ 2 / $ E $ \ Lu \ m 2 m § § a / E / E / / \ f � = E E % E L < = C = LL E - - - } } / } \ ƒ 2 # S & E 2 / S # E # S § \ \ $ \ § \ § LU® { / / C E e E « / f ƒ \ / / / E § ® f ) \ 7 § \ \ ® § ) 3 f a = = o o = = o % \ � 7 7 . � I § { 7 } c E # E § E I E § J 'i a) a) § E E E E E / o) D E / 2 \ o 0 § % 3 § § \ ® a = = 0 3 = j j j j O O O O O O O O O O O O O O O O O O O O O O O O O O O O F O O O O O O O O G O O O O a O M In M - M O N O O 00 I- (O O 00 F M V 00 N M - M N N Cl) ER EH ER EH (R EH ❑ f� i i i i i O i i i i i i i O W N O O F f0 O O W O N N O N a v, (n (n ❑ co . . . 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'� LL o - LL $ ° LL a - - - - a - - - N o U m LL o rn c 3 3 '2 3 3 c 3 3 3 LL p U) t .w .� ( y U U U U U U U Q y o w t c Q Q U Q Q Q Q Q > > U U o ) m o i rn .2)E — o 2 2 > T- r 2 2 2 2 U h ° d E .� o E p o v c C c _ c C C C C O o = y Q y N O W y U 'V o o o o 'V o 0 o W W m m o Lm m t 01 y m Q Q O O In O O 4 LO N LO ON R C N m m U U � m U _ m E 0 W N O) O) O) O) O) 0 N 0 0 0 0 0 0 c U U O O O O U r� O O O O O U F j y � m m m m m m m m m 0 U o m m m m m o m m m m m m to Q w a a a a a to w a a a a a a C F O F O O .(D ,(D ,(D a a o a o 0 h LL h h a � a CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM 2022/23-2026/27 INFORMATION TECHNOLOGY IMPROVEMENT PROJECTS 51 Information Technology Improvement Projects This section includes projects relating to the City's Information Technology Systems (i.e., communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency) for all operating departments. There are a total of 14 projects totaling $4,869,970. Policies The City's investment in information/technology projects is based on the following policies: ✓ Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. ✓ Maintain a state-of-the-art Citywide radio communications capability for police operations. ✓ Develop and maintain computerized capabilities of the various City departments and information systems. ✓ Utilize the latest state-of-the-art technology including the use of the Internet and social media for the delivery of services. ✓ Maintain the E911 system to enhance police emergency response times. ✓ Utilize the latest technology for education and teaching at the Charter School and the Don Soffer Aventura High School. Funding Plan by Source Total funding required for the proposed Information Technology Projects will be $4,869,970 and will be funded as follows: PROPOSED INFORMATION TECHNOLOGY IMPROVEMENT PROJECTS SCHEDULED FOR 2022123-2026127 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDING SOURCE 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL General Fund-001 $ 429,125 $ 487,875 $ 435,275 $ 429,875 $ 368,475 $ 2,150,625 Charter School Fund-190 357,500 318,500 289,500 415,500 444,000 1,825,000 Don SofferAventura High School Fund-191 294,345 200,000 150,000 125,000 125,000 894,345 .Totals $ 1,080,970 $ 1,006,375 $ 874,775 $ 970,375 $ 937,475 $ 4,869,970 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Information Technology Improvement Projects: ✓ Summary by Year (Table IT-1) ✓ Funding Plan by Project Category (Table IT-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table IT-3) 52 TABLE IT-1 PROPOSED INFORMATION TECHNOLOGY IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23-2026/27 SUMMARY BY YEAR PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED # PROJECT CATEGORY DEPT.# 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL ITI Police Computers Systems<$5000 PD $ 205,475 $ 213,975 $ 154,975 $ 165,475 $ 141,475 $ 881,375 IT2 Central Computer System>$5000 IT 140,000 195,000 175,000 180,000 145,000 835,000 IT3 Radios PD 30,000 30,000 40,000 40,000 40,000 180,000 IT4 Computer Equipment>$5000 ACES 158,000 80,000 75,000 121,000 86,000 520,000 IT5 Computer Equipment<$5000 ACES 199,500 238,500 214,500 294,500 358,000 1,305,000 IT6 Computer Equipment<$5000 DSAHS 294,345 200,000 150,000 125,000 125,000 894,345 IT7 Computer Equipment<$5000 IT 6,000 6,000 6,000 6,000 6,000 30,000 IT8 Computer Equipment<$5000 F 3,400 3,400 5,200 2,400 3,400 17,800 IT9 Computer Equipment<$5000 CM 2,200 4,200 4,000 4,200 5,200 19,800 IT10 Computer Equipment<$5000 PW/T 6,200 6,200 6,200 2,200 2,200 23,000 IT11 Computer Equipment<$5000 CS 10,800 9,600 7,800 7,800 13,100 49,100 IT12 Computer Equipment<$5000 CD 16,250 13,500 31,500 7,500 7,500 76,250 IT13 Computer Equipment<$5000 AACC 5,600 4,800 2,400 13,100 2,400 28,300 IT14 Computer Equipment<$5000 CC 3,200 1,200 2,200 1,200 2,200 10,000 Wtals $ 1,080,97 $ 1,006,375 $ 874,775 $ 970,375 $ 937,475 $ 4,869,970 TABLE IT-2 PROPOSED INFORMATION TECHNOLOGY IMPROVEMENT PROJECTS SCHEDULED FOR 2022/23-2026/27 FUNDING PLAN BY PROJECT CATEGORY AND SOURCE CHARTER GENERAL SCHOOL DSAHS CIP# PROJECT CATEGORY DEPT.# TOTAL FUND-001 FUND-190 FUND-191 ITI Police Computers Systems<$5000 PD $ 881,375 $ 881,375 $ - $ - IT2 Central Computer System>$5000 IT 835,000 835,000 IT3 Radios PD 180,000 180,000 - IT4 Computer Equipment>$5000 ACES 520,000 - 520,000 IT5 Computer Equipment<$5000 ACES 1,305,000 1,305,000 - IT6 Computer Equipment<$5000 DSAHS 894,345 - 894,345 Ill Computer Equipment<$5000 IT 30,000 30,000 - IT8 Computer Equipment<$5000 F 17,800 17,800 IT9 Computer Equipment<$5000 CM 19,800 19,800 IT10 Computer Equipment<$5000 PW/T 23,000 23,000 IT11 Computer Equipment<$5000 CS 49,100 49,100 IT12 Computer Equipment<$5000 CD 76,250 76,250 IT13 Computer Equipment<$5000 AACC 28,300 28,300 IT14 Computer Equipment<$5000 CC 10,000 10,000 - - $ 4,869,970 $ 2,150,625 $ 1,825,000 $ 894,345 53 O O O O O 0 O O O O O O O 0 O O O O O O O O o O Q O O O O O r- O O O O O O O r-- O O O O O O O O O O F O O O lO O 00 O O O O O O O M O O O O O O O O O O O LO O lO I- O d) V O M W O V lO lO lO LO O LO LO LO O O O F N M O V LO 00 (O 00 O M N M N co LO M 00 M 00 — lO 00 p f-- O O O O O 0 O O O LO O O O O O O O O W N O O O O O I- O O O O O O O O O O O Fco O O O lO O O O O O O O O O O O O O U N 0 0 M — O O d) W O O O LO O LO O O O W O N (O N O N � , M O N C O N a a: EA d3 EA d3 U EiJ EA L p co O O O O O 0 O O O LO O O O O O O O O O O w Q O O O O O r O O O f-- O O O O O O 40 O O W U O O O lO O O O O O ItO O O O O O a) O O O W N lO (O M O O d) (1) lO IO O O lO O lO O +'�.. 00 O N N N (O M (O N N 00 a M O o co R a5 ( a co (» v3 (» (» 43 in � O o o o o 0o o O in O O O O o O O O N O O O O O O O O f� O O O O O N O O O O O O O In O m� O O In O O O O O O O O U N N lO (O ( -7 O d) d) (O V O O lO O LO O O O N � N (O M LO N O LO f� W M F- U m W p v U o 0 0 0 o in o 0 0 0 o iO U o 0 0 0 0 0 0 O O O O W N O O O O O I- O O O O O f-- O O O O O O O O O O F (y _ O O O lO O d) O O O lO O O a) O O O O O O O as O O O W N 0; lO (O M O d) d) N V O co02 +'�. 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Policies The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to continue to efficiently and effectively provide municipal services to the City's residents. ■ Replace equipment when it becomes unusable, unsafe or when maintenance costs outweigh the total cost of replacement. ■ Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. ■ Purchase more economical, fuel efficient and multi-functional vehicles. ■ Purchase "green" or electric vehicles where practical. ■ Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Equipment Purchase and Replacement Projects Most of the projects outlined in the 2022/23— 2026/27 CIP pertain to vehicles, operational equipment and additional classroom furniture for the Don Soffer Aventura High School. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one (1)year and a value of$5,000 or more. Equipment that has a value of$5,000 or less is also included in this document for budgetary purpose. Funding Plan by Source Total funding required for the proposed Capital Equipment Purchase and Replacement Projects will be $3,822,100 and will be funded as follows: PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2022/23-2026/27 FUNDING PLAN BY SOURCE PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FUNDING SOURCE 2022/23 2023/24 2024/25 2025/26 2026/27 TOTAL General Fund-001 $ 638,900 $ 964,300 $ 736,550 $ 703,350 $ 643,800 $ 3,686,900 Don Soffer Aventura High School Fund-191 12,500 10,000 10,000 10,000 10,000 52,500 Capital Projects Fund-392 82,700 - - - - 82,700 Totals $ 734,100 $ 974,300 $ 746,550 $ 713,350 $ 653,800 $ 3,822,100 On the following pages, you will find the tables (as outlined below) that summarize and detail the proposed Capital Equipment Purchase and Replacement Projects: ✓ Summary by Year (Table CE-1) ✓ Funding Plan by Project Category (Table CE-2) ✓ Projects Scheduled for 2022/23— 2026/27 (Table CE-3) 58 J O O O O O O O O O O FO O� U7 U7 O O V U7 L O 0 M V N O N N 0 0 N F (Acr (O N N M 00 M V) VT J M N ' ' O ' ' ' ' ' O F V M O O h O O O O O O O O O d w N N W N O O O O O O O O O Q - 0 M Cl) F O O O 00 O O O O O CO U OR 7 W 0 I , LO OM � d LL ON Cl) (O � ER EH IL N O O ER cn 2Q LQ LO W N O O O O O O 0 O w Z w M F w 0 I- N O O 0 V O M D W O 00 N M O- V c) N Lo LL N Cl) h U ER EJT ~ d W N J O w p 6 U O p 0 0 0 0 0 0 0 0 0 O U D a w (� 0 0 0 0 0 0 0 O LID O U U F in Do Do O in O v_ in k LL z W O � 0 N O- V M M o d ) N V I-- z V ER Ef-T 0 W IL U W =O _j 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O Q 69 � U W w 0 0 1-- 00 O O c 0 0 m J h Q 0 z 0 r- d) w M V In M WN O O O O O O O O O O a N z O N M Cl) co W N O O O O O O O O O O W Q LL N F M O N O O U7 U7 (O O L M N } U N 0 O O O I- N V V z N w N 'Lo ITV Lo 00 c) N c M T Z N O ER lba Q LU N W Q M W J O O O O O O O O O O N IL N W N � Q O O O O O O O O O O N N F O r- In In O O V In In () = N m e» csr U = N OF rn cmo N M LO oNo J w M O O O O O ' O O O O J w U M 00 CL 0 Q F N o o � L o rn o o 00 CL O LL O Q d U N o 0 N N o 0 00 lf') Q d ~ o ^� W O 00 00 00 N N M ~ ER EH z LU J = O N Cl) - h W J d Q CO ILa =p CO U M 69 cn w N J w a a a Q U a U U w COa U J J U Q ~ aaa U Q Z UUU 00000000 o w U z O O O O O O O Oa Q O U LL U 0 W W O O O O O O O O N N E E E E E E E E d d d d d d d d CO 0 0 0 0 0 0 0 0 a n U U U U U U U U O a a a a a a a a n v n n n v n n Oa' a a a a a a a a a n E E E E E E E E o E n n n n n n n n 8 0 t t t t t t t t U w m F 7 7 7 7 7 7 7 7 0 0 0 0 0 0 0 c Q d d d d d d d d m m m m m m m m a d d d d d d d d H 8 06 M M M M M M M M W d E E E E E E E E a) L L L L L L L L O !E3 3 3 3 3 3 3 3 F W N E E E E E E E E d a a a a a a a a F 0 0 0 0 0 0 0 U a 0 0 0 0 0 0 0 0 a w w w w w w w w w w a) E E E E E E E E ci v U U U U U U U U U U OL OL OL OL OL OL OL OL 0 O L 7 7 7 7 7 7 7 7 F W a) u OP OP OP OP OP OP OP a > w w w w w w w w N M V 0 0 I- 00 0 a w w w w w w w w w v U U U U U U U U U O O O O O O O O O O O O O O O O O O 0 0 0 0 0 o O O O O O O O O O O O O F O O O O O O N O O O O O_ O In O O O f� O In O O In In W O) O O CO O In N In In O M F o0 00 V M M f-- (O N W M N N O r, O M co 6% 4% 6% 4% p f� O O O O O W N O O O O O F O O O O O W N O O o0 (O N M Cl) M O a 6% v3 6% v3 F U) LQ LO o C 0 0 W O 00 00 (O M ON N O N M Cl) O O a 6% v3 v (» v3 p Lo O O o o 0 0 0 0 w N O O O N O O O O O In O LO o0 O O O 00 WN N In n O M (O LO Ina OD O N M Mcq O O M CO 2 O C? 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The projects listed below were already approved by the City Commission in February 2022 and April 2022. They are included in the CIP document for informational purposes only. As part of the American Rescue Plan Act, the U.S. Department of the Treasury launched the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), which provides $350 billion in emergency funding for eligible state, local, territorial, and tribal governments. The intent of these funds is to aid and assist eligible governmental entities in recovery efforts resulting from the economic fallout of the COVID-19 pandemic. The City of Aventura's allocation is $18,525,074. This funding covers all qualifying expenditures on or after March 3, 2021. All funds must be obligated by December 31, 2024, and expended by December 31, 2026. On January 6, 2022, the Department of Treasury released the Final Rule which details spending guidelines for the CSLFRF funding. Under the Final Rule, there are four eligible use categories: 1) Public Sector Revenue 2) Public Health and Economic Response 3) Premium Pay for Essential Workers 4) Water, Sewer and Broadband Infrastructure There are four restrictions on use of the funds. They may not be used: 1) To offset a reduction in net tax revenue 2) To replenish financial reserves 3) For deposits into pension funds 4) For debt service payments After thorough review of the Final Rule, staff reviewed the City's operational and capital needs and compiled a proposed spending plan for the majority of the funding. The spending plan was presented to the City Commission at the City Commission workshop on January 20, 2022 and approved at the City Commission meeting in February 2022. The spending plan was amended in April 2022. There is a total of 35 projects totaling $15,075,300. Funding Plan by Source Total funding required for the ARPA Projects will be $15,075,300 and will be funded as follows: PROPOSED ARPA PROJECTS SCHEDULED FOR 2021/21 -2025/26 FUNDING PLAN BY SOURCE FUNDING SO! I& TOTAL American Rescue Plan Act("ARPA')Fund-101 $ 15,075,300 $ 15,075,300 65 Below you will find a table that summarizes and details the approved ARPA projects by department. As we are in the early stages of the ARPA project funding, this chart differs from the other categories presented. An estimated completion date is displayed with the estimated cost. TABLE CE-3 COMMISSION APPROVED ARPA FUNDED PROJECTS SCHEDULED FOR 2021/22-2025/26 Estimated Estimated Completion Project# Dept AL Project Description Cost Date 5001-01 CS Artificial Turf/field enhancement-Founders&Waterways 3,600,000 6/1/2023 5001-02 CS Founders Park-lighting and tennis and pickleball courts 1,750,000 6/1/2023 5001-03 CS Access Control Systems-Founders,Waterways, Dog and Veterans Park 100,000 TBD 5001-04 CS Waterways playground relocation 350,000 TBD 5001-05 CS ADA Compliant Restrooms-Waterways Dog and Peace Park 480,000 6/1/2022 5001-06 CS Founders Park-Parking lot maintenance 150,000 TBD 5001-07 CS Veterans Park-Community Garden relocation from Founders 175,000 TBD 5001-08 CS Misting Stations-Waterways,Veterans and Peace 60,000 TBD 5001-09 CS Employee workspaces 60,000 TBD 5001-10 CS Vaccine events 50,000 TBD 5001-11 CS Premium Pay 40,108 Complete TOTAL PARKS AND RECREATION $ 3,816,108 1201-01 IT AV Upgrades 205,000 TBD 1201-02 IT Hardware Upgrades 370,000 TBD 1201-03 IT Computer Software 1,350,000 10/1/2025 1201-04 IT IT consultant 500,000 TBD 1201-05 IT Connectivity 150,000 TBD 1201-06 IT CCTV and Security Cameras-Parks 200,000 TBD 1201-07 IT CCTV and Security Cameras-Core 50,000 TBD 1201-08 IT Wifi 75,000 TBD 1201-09 IT Fire Suppression 100,000 TBD Aw TOTAL IT $ 3,000,000 2001-01 Police Radio Communication System Upgrade 491,575 TBD 2001-02 Police 2-Community Policing vehicles 95,000 TBD 2001-03 Police Upgrade automated external defibrillators 155,000 7/1/2022 2001-04 Police 911 Videowall upgrade/replacement 200,000 TBD 2001-05 Police Employee premium pay-non sworn employees 24,000 Complete 2001-06 Police Tasers including cartridges and training 335,000 TBD 2001-07 Police LPR Camera upgrades 108,000 12/1/2022 2001-08 Police BearCat Vehicle replacement 325,984 TBD FF TOTAL POLICE $ 1,734,559 5401-01 PW Stormwater pipe replacement-34th 1,750,000 4/30/2023 5401-02 PW Stormwater pipe replacement-213th Street 1,045,088 5/30/2022 5401-03 PW Seawall replacement/repair 500,000 TBD 5401-04 PW Radio Upgrade 50,000 6/30/2022 TOTAL PUBLIC WORKS IF $ 3,345,088 4001-01 JCD Building department renovation 20,000 2/1/2023 TOTAL COMMUNITY DEVELOPMENT $ 20,000 1001-01 HR lComputer Software 35,945 1/31/2023 1001-02 HR Premium Pay/Incentive 124,600 6/30/2022 TOTAL HUMAN RESOURCES $ 160,545 CITY OF -• ■ ARPA SPENDING ■ ■■ 66 ■ 10 *MOM wool,Fri •.� rm1 rr� s i at r I rrr� r� l C a r r r Ir 1 rf Ir �r Ir r rr � Q 67 By: City Attorney's Office Melissa Barosela, LMHC