09-13-2022 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
SEPTEMBER 13, 2022
Following 6:00 p.m. First Budget Hearing
Aventura Arts & Cultural Center
3385 NE 188t" Street
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Special Recognitions
• Employee Service Awards
• Introduction of New Miami-Dade Fire Rescue Fire Chief
• Aventura City of Excellence School Update
• Don Soffer Aventura High School Update
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected
to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission,
that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the
consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the
approval of the consent agenda.
A. APPROVAL OF MINUTES:
• July 19, 2022 City Commission Regular Meeting
• July 21, 2022 City Commission Meeting (Budget Review)
• July 21, 2022 City Commission Regular Workshop
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AWARDING AND LETTING A BID/CONTRACT FOR BID NO.22-08-11-
3 CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND
FACILITIES TO METRO EXPRESS, INC. AND THE PAVING LADY FOR THE
INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
Aventura City Commission Regular Meeting Agenda
September 13, 2022
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR
SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AWARDING A CONTRACT FOR WATERWAYS PARK FIELD
ENHANCEMENT IMPROVEMENTS TO FIELDTURF USA,INC.AT THE PRICE OF
$2,372,833.54;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS FOR SAID AWARD; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE. (ARPA PROJECT)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.2022-043508136-001 IN THE AMOUNT
OF$175,491.50 FOR PROFESSIONAL DESIGN SERVICES FOR THE YACHT CLUB
DRIVE SEAWALL HARDENING IMPROVEMENTS PROJECT BY AND BETWEEN
THE CITY OF AVENTURA AND KIMLEY-HORN & ASSOCIATES, INC.;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.(ARPA PROJECT)
E. 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 NEW TASER 7 PLATFORM; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN
AMENDMENT TO THE DECLARATION OF RESTRICTIONS RELATED TO THE
PROPERTIES LOCATED AT 2751 N.E. 183RD STREET AND 2777 N.E. 183RD
STREET TO REMOVE THE LEASE RESTRICTION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that
the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please
inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available
after the applicant and staff have made their presentations on the item. All testimony, including public testimony and evidence,
will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be
permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their
behalf Persons representing organizations must present evidence of their authority to speak for the organization. Further details
of the quasi-judicial procedures may be obtained from the Clerk.
RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-143(F) OF THE CITY CODE OF ORDINANCES,TO ALLOW: (1)A
HEIGHT OF 26 STORIES AND 295 FEET FOR A MULTIFAMILY
RESIDENTIAL BUILDING, WHERE THE CITY CODE PERMITS 25 STORIES
AND 250 FEET; (2) A BUILDING IN THE RMF4 DISTRICT TO CAST A
SHADOW UPON A PROPERTY LOCATED WITHIN A BUSINESS ZONING
DISTRICT;(3)A DENSITY OF 56 UNITS PER ACRE,WHERE THE CITY CODE
PERMITS 45 UNITS PER ACRE; AND (4) A CERTIFIED GREEN BUILDING
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Aventura City Commission Regular Meeting Agenda
September 13, 2022
WITH A FLOOR AREA RATIO OF 4.3, WHERE THE CITY CODE PERMITS A
FLOOR AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785
NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 4, "ALCOHOLIC BEVERAGES," SECTION 4-2, "LOCATION OF
ESTABLISHMENTS,"OF THE CITY OF AVENTURA CODE OF ORDINANCES
TO PROVIDE FOR ADMINISTRATIVE REVIEW AND APPROVAL OF
ALCOHOLIC BEVERAGE PERMITS, AND APPEAL; 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
ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26
"ELECTIONS" OF THE CITY CODE BY AMENDING SECTION 26-32
"COMMENCEMENT OF TERM OF ELECTED OFFICIALS"TO REVISE DATE
OF COMMENCEMENT OF THE TERM OF OFFICE FOR REGULAR TERMS
OF THE MAYOR AND COMMISSIONERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
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
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Aventura City Commission Regular Meeting Agenda
September 13, 2022
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.
9. RESOLUTION/PUBLIC INPUT:
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 SPECIAL MEETING/REGULAR WORKSHOP—SEPTEMBER 22,2022 AT 9 AM
COMMISSION REGULAR MEETING—OCTOBER 3,2022 AT 6 PM
COMMISSION REGULAR WORKSHOP—OCTOBER 20,2022 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 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: September 9, 2022
SUBJECT: Approval of Minutes
September 13, 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 July.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• July 19, 2022 City Commission Regular Meeting
• July 21, 2022 City Commission Meeting (Budget Review)
• July 21, 2022 City Commission Regular Workshop
Should you have any questions, please contact me.
/elh
attachments
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
J U LY 19, 2022
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weisman at 6:02 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 led by former Commissioner
Howard Weinberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr.
Wasson announced that Item 8C on the agenda was deferred to the September 13, 2022
City Commission Meeting. It was additionally noted that the agreements for Items 5C and
51 on the Consent Agenda had been updated on July 19, 2022.
4. SPECIAL PRESENTATIONS:
• Employee Service Awards: Mr. Wasson, accompanied by Chief Michael
Bentolila, presented Detective Michael Leoncini (20 years) with a recognition certificate
and token of appreciation for the completion of milestone years of service with the City.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
A motion to approve the 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:
• June 14, 2022 City Commission Regular Meeting
• June 23, 2022 City Commission Regular Workshop
' Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
July 19, 2022
B. Resolution No. 2022-42 adopted as follows:
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.
C. Resolution No. 2022-43 adopted as follows:
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.
D. Resolution No. 2022-44 adopted as follows:
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. Resolution No. 2022-45 adopted as follows:
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. Resolution No. 2022-46 adopted as follows:
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
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July 19, 2022
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. Resolution No. 2022-47 adopted as follows:
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. Resolution No. 2022-48 adopted as follows:
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 approved as follows:
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.
J. Resolution No. 2022-49 adopted as follows:
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:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE OF
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Aventura City Commission Regular Meeting Minutes
July 19, 2022
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.
A motion for approval of the Ordinance was offered by Commissioner Friedland and
seconded by Commissioner Joel.
Mr. Wasson reviewed the item, which would extend the residency policy to include all of
Founders Park (north and south).
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Xiu Wang (3115 NE 184t" Street
#4301, Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote.
Mrs. Horvath read the following Ordinance title-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 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.
A motion for approval of the Ordinance was offered by Commissioner Friedland and
seconded by Vice Mayor Landman.
Mr. Meyers reviewed the item based on recent legislation passed allowing municipalities
to restrict smoking at parks, except for unfiltered cigars. This would include all City parks
as well as the Don Soffer Exercise Trail.
The Commission discussed the item.
Mr. Wasson explained how the penalties would be handled.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Marjorie Rosenblatt (19333 W.
Country Club Drive, Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote.
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July 19, 2022
Mrs. Horvath read the following Ordinance title-
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.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Vice Mayor Landman.
Mr. Meyers reviewed the item, which would repeal the current Youth Advisory Board, and
explained the newly created Youth Council as created and approved under item 5E on
the Consent Agenda as a less formal board.
The Commission provided comments on the newly created Youth Council, to allow the
involvement of the City's youth on a modified and more appropriate level with less
stringent regulations.
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-
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.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Friedland.
Mr. Wasson reviewed the amendments to the ACES budget.
The Commission discussed the item and thanked Finance Director Melissa Cruz for her
work on the item.
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Aventura City Commission Regular Meeting Minutes
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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. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and
seconded by Vice Mayor Landman.
Community Development Director Keven Klopp reviewed the recommended
amendments based on staff review of the statutes, inventory of existing conditions, public
input, and the Florida Department of Economic Opportunities, Objections,
Recommendations, and Comments Report.
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. 2022-09 was adopted.
Mrs. Horvath read the following Ordinance title-
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
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 Friedland and
seconded by Commissioner Joel.
Community Development Director Keven Klopp reviewed the item to add a conditional
use approval process to allow certain otherwise prohibited shadows and displayed the
areas on the map that such a provision could apply to.
Mayor Weisman opened the item for public comment.
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Aventura City Commission Regular Meeting Minutes
July 19, 2022
The following members of the public provided comments: Xiu Wang (3115 NE 184tn
Street #4301, Aventura) and Marek Chmiel (18424 NE 27t" Court, Aventura)
There being no additional 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. 2022-10 was adopted.
Mrs. Horvath read the following Ordinance title-
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.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Dr. Marks.
Mr. Wasson reviewed the item to expand the Plan's service buy-back benefit to include
prior military service.
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. 2022-11 was adopted.
8. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers
reviewed the quasi-judicial procedures for Items 8A, 813, and 8D.
Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 8A,
813, and 8D.
ORDINANCES — SECOND READING/PUBLIC HEARINGS:
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 MEDIUM HIGH DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
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A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Vice Mayor Landman.
Community Development Director Keven Klopp reviewed the item recommending that the
Future Land Use Map designation be amended for two parcels of land at 2785 NE 183
Street.
The following provided comments on behalf of the Applicant (Brian Adler on behalf of
Owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin
Properties, LLC) and Contract Purchaser (GOT183, LLC): Brian Adler, Esq. (Bilzin
Sumberg Baena Price & Axelrod, LLP — 1450 Brickell Avenue, 23rd Floor, Miami).
The Commission discussed the item including the following: traffic study, unit size, luxury
units, and what could be built under the current Code.
The public comment and vote for this item was done following review of item 8B.
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.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Vice Mayor Landman.
Community Development Director Keven Klopp reviewed the item recommending that the
Zoning Map be amended for two parcels of land located at 2785 NE 183 Street. It was
noted that the effective date for the Ordinance would be changed to be upon approval by
the Florida Department of Economic Opportunity.
The following provided comments on behalf of the Applicant (Brian Adler on behalf of
Owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin
Properties, LLC) and Contract Purchaser (GOT183, LLC): Brian Adler, Esq. (Bilzin
Sumberg Baena Price & Axelrod, LLP — 1450 Brickell Avenue, 23rd Floor, Miami). The
testimony from Item 8A was also incorporated into the record by reference.
The Commission discussed the item including the following: traffic numbers submitted
are potential and graphs showing less vehicular traffic.
Mayor Weisman opened the item for public comment for item 8A and 8B.
The following members of the public provided comments: Simona Nayda-Parkman (2851
NE 183rd Street, Aventura), Chris Martin (18416 NE 27t" Court, Aventura), Branislav
Page 8 of 11
Aventura City Commission Regular Meeting Minutes
July 19, 2022
Vujnovic (2708 NE 184t" Terrace, Aventura), Ramesh Shporer (18407 NE 27t" Court,
Aventura), and Marek Chmiel (18424 NE 27t" Court, Aventura)
There being no additional comments, Mayor Weisman closed the item for public input.
A motion to defer was offered by Commissioner Dr. Marks and failed due to the lack of a
second.
The motion for approval of the Ordinance for Item 8A passed (6-1) by roll call vote, with
Commissioner Dr. Marks voting no, and Ordinance No. 2022-12 was adopted.
The motion for approval of the Ordinance for Item 813 passed (6-1) by roll call vote, with
Commissioner Dr. Marks voting no, and Ordinance No. 2022-13 was adopted.
RESOLUTIONS/PUBLIC HEARINGS:
Mayor Weisman noted that per Mr. Wasson's announcement earlier in the meeting, the
following item was deferred to the September 13, 2022 City Commission Meeting-
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-143(F) OF THE CITY CODE OF ORDINANCES, TO ALLOW: (1) A
HEIGHT OF 26 STORIES AND 295 FEET FOR A MULTIFAMILY RESIDENTIAL
BUILDING, WHERE THE CITY CODE PERMITS 25 STORIES AND 250 FEET; (2)
A BUILDING IN THE RMF4 DISTRICT TO CAST A SHADOW UPON A PROPERTY
LOCATED WITHIN A BUSINESS ZONING DISTRICT; (3)A DENSITY OF 56 UNITS
PER ACRE,WHERE THE CITY CODE PERMITS 45 UNITS PER ACRE; AND (4)A
CERTIFIED GREEN BUILDING WITH A FLOOR AREA RATIO OF 4.3, WHERE
THE CITY CODE PERMITS A 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.
Mrs. Horvath read the following Resolution title-
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.
A motion for approval of the Ordinance was offered by Commissioner Friedland and
seconded by Vice Mayor Landman.
Community Development Director Keven Klopp reviewed the item recommending
conditional use approval for Pinstripes, Inc. to operate a bowling facility at Esplanade
Aventura.
The following provided comments on behalf of the Applicant (Pinstripes, Inc.): Mitch
Mellor, Director of Expansion - Pinstripes, Inc. (1150 Willow Rd Northbrook, IL).
Page 9 of 11
Aventura City Commission Regular Meeting Minutes
July 19, 2022
The Commission discussed the item including the number of bowling lanes.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2022-50 was adopted.
9. RESOLUTION/PUBLIC INPUT: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, 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.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Shelley.
Mr. Wasson reviewed highlights of the item and recommended approval of the Capital
Improvement Program as outlined for the next five years.
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
Resolution No. 2022-51 was adopted.
10. REPORTS:
Mayor Weisman reported that both ACES and DSAHS had been rated as "A" schools.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Sandy Rockwerk (20940 NE 37t" Avenue, Aventura), Xiu Wang (3115 NE 184t" Street
#4301, Aventura), Harriette Brotman (21050 NE 38t" Avenue, Aventura), Karen Decou
(21055 Yacht Club Drive #2801, Aventura), Edna Schenkel (21205 NE 37t" Avenue,
Aventura), Larry Sobol (3300 NE 191st Street, Aventura), Jordan Owens (151 NE 209tn
Terrace, Miami), and Joshua Smith (18642 NE 18t" Avenue, N Miami Beach)
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
Vice Mayor Landman, and unanimously approved; thus, adjourning the meeting at 7:42
p.m.
Page 10 of 11
Aventura City Commission Regular Meeting Minutes
July 19, 2022
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 13, 2022.
Page 11 of 11
&`?i
AVENTURA CITY COMMISSION
MEETING MINUTES
JULY 21, 2022
9:00 a.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weisman at 9.08 a.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. OVERVIEW AND REVIEW OF PROPOSED OPERATING AND CAPITAL
BUDGET FOR FISCAL YEAR 2022/2023: Mr. Wasson reviewed highlights of the
proposed budget.
The Commission reviewed the budget with discussions focused on the following: school
funding/referendum dollars, investments, department budgets, capital outlay, cost of
living increase for general employees (2%) versus teachers (2.5%), police overtime
versus adding another officer, positive aspects of separating the finance director position
from the assistant manager position, considering communications as a separate
department, contracted services, gasoline/fuel, on-demand transportation services,
having the investment company provide an update in September or October, increased
personnel, general fund expenditures, evolving growth of Aventura, changing the wording
of the performance/merit bonus to read as bonus, providing a salary compensation study,
having both schools provide up to a 3.5% increase for teachers, scheduling an executive
session for police collective bargaining, scheduling an attorney-client session for an
update on the Miami-Dade legislation, cell phone impact fee, officer(s) provided at the
mall and compensation from the mall for that, paying off the debt for ACES, providing a
monthly report on the use of ARPA funds, and the possibility of a one-time bonus of
$5,000 to all full time employees for the year.
Melissa Cruz, Finance Director, responded to questions regarding capital outlay.
Mr. Meyers provided comments.
DSAHS Principal Dr. McKee and ACES Principal Dr. Tyrkala provided information
regarding the cost of living increase for teachers for their respective schools.
Aventura City Commission Meeting Minutes
July 21, 2022
A motion to amend the budget for both schools to include up to a 3.5% increase was
offered by Commissioner Dr. Marks, seconded by Commissioner Friedland, and passed
unanimously, by roll call vote.
Rachel Windler-Freitag, South Florida Deputy Director - Charter Schools USA, provided
comments regarding the sync between the two schools regarding the increase.
Bryan Pegues, Assistant City Manager, provided comments.
Mr. Wasson followed up on the discussion regarding increasing the current proposed cost
of living amount for general employees (2%) and the discussion of a one-time payment
to general employees of $5,000. He will either provide a $5,000 one-time payment or
increase the cost of living to 2.5%.
Mayor Weisman opened the item for public comment. The following members of the
public provided comments: Jordan Owens (151 NE 209th Terrace, Miami).
There being no additional comments, Mayor Weisman closed the item for public input.
A motion for approval to proceed with the budget as presented and discussed was offered
by Commissioner Dr. Marks, seconded by Vice Mayor Landman, and passed
unanimously, by roll call vote.
3. MOTION TO ADOPT RESOLUTION TO ESTABLISH TENTATIVE MILLAGE
RATE: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2022/2023
FISCAL YEAR; PROVIDING FOR THE DATE,TIME AND PLACE OF THE PUBLIC
HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE
BUDGET;AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Shelley.
Mr. Wasson reviewed the proposed millage rate of 1 .7261 mills and the dates/times for
the budget public hearings as September 13, 2022' at 6:00 p.m. and September 22, 2022
at 6:00 p.m.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2022-52 was adopted.
This public hearing will be held at the Aventura Arts&Cultural Center.
Page 2 of 3
Aventura City Commission Meeting Minutes
July 21, 2022
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Friedland, seconded by
Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at 10.44
a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 13, 2022.
Page 3 of 3
Wy.. .pmv 14
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L
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
J U LY 21, 2022
Following 9:00 a.m. Commission Meeting
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 12:28 p.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 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. Discussion: Government Center Outdoor Public Art Sculpture (City
Manager): Mr. Wasson discussed a recent suggestion to place art in front of Government
Center and requested direction from the City Commission.
The City Commission discussed art in other municipalities, a proposal from a local artist,
existing donated artwork on the 1st and 5t" floors of Government Center, and looking for
donated pieces in lieu of spending City funds possibly in connection with Art Basel.
City Manager Summary: It was the consensus of the City Commission to assign
the Art in Public Places Advisory Board with the task of looking for art pieces to be
donated to the City.
3. Discussion: Color Palette for the City's Building Code (City Manager): Mr.
Wasson introduced the item and provided a brief overview regarding the color of buildings
in the City, with no guidelines or requirements currently in place.
Keven Klopp, Community Development Director, reviewed the available options to
address paint colors and discussed the process involved should a color palette be
required.
The City Commission discussed the possibility of requiring a color palette, approval by
the Director, or the creation of a review board.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to come back with a plan at the September Commission Workshop.
Aventura City Commission
Regular Workshop Minutes—July 21, 2022
4. Discussion: Professional Services for Yacht Club Drive Seawall Hardening
Improvements — Kimley-Horn & Associates, Inc. (City Manager): Mr. Wasson
reviewed the item to authorize Kimley-Horn & Associates, Inc. to provide professional
design services for the seawall hardening improvements to repair the seawall along the
north side of Yacht Club Drive, with ARPA funds to be used.
The City Commission discussed seawalls, the intercoastal, police department boat, and
tickets for speeding in the waterways.
City Manager Summary: It was the consensus of the City Commission to proceed
with the item.
5. Update: Communications (City Manager): Mr. Wasson introduced the item and
provided a brief overview.
Evan Ross, City Consultant - Public Communicators Group LLC, reviewed the City of
Aventura Strategic Communications Plan including Executive Summary, Aventura's
Brand, About the City of Aventura, Census Data, Structure of Communications
Department and Roles, Communications Workflows, Strategic Objectives, and Brand
Guidelines. Updates were also provided on the newsletter, upcoming property managers'
breakfast on September 14t", email system, social media numbers, and the Aventura
Express Schedule & Route Map.
Bryan Pegues, Assistant City Manager, explained the new app that will be presented at
the next meeting.
The City Commission discussed communicating through the property managers.
City Manager Summary: This item was provided for information.
6. Discussion: Review of City Zoning/Schedule Special Commission
Workshop (City Manager): Mr. Wasson suggested that a Special Commission
Workshop be scheduled to discuss future zoning for the City.
City Manager Summary: It was the consensus of the City Commission to
schedule a City Commission Special Workshop for August 24, 2022 at 10:30 a.m.
The following additional items were discussed:
Mr. Wasson will schedule a Commission Liaison Meeting before the end of the month.
Updates were provided on the dog park including the design of a bathroom, the new red
light camera at 213t" Street, and the tot lot.
7. Adiournment: There being no further business to come before the Commission,
the meeting was adjourned by consensus at 1:35 p.m.
Page 2 of 3
Aventura City Commission
Regular Workshop Minutes—July 21, 2022
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 13, 2022.
Page 3 of 3
CITY OF "ENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager
BY: Joseph S Kroll, Public Works/Trans ortation Director,4'
p
DATE: September 9, 2022
SUBJECT: Bid No. 22-08-11-3 City of Aventura Maintenance and Repair for
City Streets and Facilities
September 13, 2022 City Commission Meeting Agenda Item 5B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution awarding Bid
No. 22-08-11-3 City of Aventura Maintenance and Repair for City Streets and Facilities
to the lowest and responsive bidders; Metro Express, Inc. and The Paving Lady, for the
unit pricing as contained in Exhibit "A" as per the City Purchasing Department and
Consulting Engineer.
BACKGROUND
The bidding process was in accordance with the City's Purchasing Ordinance. Bids for
this maintenance contract were solicited, advertised and opened on Thursday, August
11, 2022 at 3 PM. Two qualified bids were received as follows:
Metro Express, Inc.
The Paving Lady
The bid is based on unit pricing for work to be performed in areas of Public Works that
can be used by the Department on an as-needed basis determined by the City for:
Asphalt paving, sealing, pavement marking
Storm drain cleaning and installation
Concrete repair (sidewalks and curb)
Signage
City Commission
September 9, 2022
Page 2
Both bidders submitted qualified bids, and both bidders have received positive references
in their work and performance. The unit pricing did vary as some were lower than others;
as for that it is in the City's best interest to award this bid to both bidders taking advantage
of the lowest price submitted by each bidder. The City will be able to realize a significant
cost savings by using this contract for repairs and maintenance to streets and sidewalks,
storm-water projects, signage and various other Public Works functions as required. All
bidders will be required to post the appropriate insurance and performance bonds and all
work will be subject to review and inspection by City staff before payment is issued. This
contract is for one (1) year with a one-year (1) renewal.
JSK/gf
Attachments
Klmley))) Horn
August 25, 2022
City of Aventura
Joseph S. Kroll MPA, CPM, CFM
Public Works&Transportation Director
19200 West Country Club Drive
Aventura, FL 33180
Re: City of Aventura
Maintenance and Repair for City Roads,Streets and Facilities
City ofAventura Bid No. 22-08-11-3
Bid Recommendation
Dear Mr. Kroll:
The City of Aventura(City) advertised the Maintenance and Repair for City Roads, Streets and Facilities
Project on July 21,2022 and on August 11,2022 bids were publicly opened and read. The project primarily
includes maintenance and repair for City streets and roads to include,but not be limited to: milling and
resurfacing,paving, seal coat, curbing,concrete sidewalks, asphalt exercise paths,brick pavers, guardrail,
accessible ramps, steel traffic plates,barrier walls, drainage culverts, drainage structures,pipe liner,culvert
cleaning,basin cleaning,pumps,embankment, flowable fill, and pavement markings and signage.Unit pricing
will be established in the bid to allow the City to contract for repair and maintenance work on an as-needed
basis. The following is list of the bidders:
1. Metro Express,Inc.
2. The Paving Lady, Inc.
Kimley-Horn has been asked to review the bids and provide a recommendation of award. Based on the results
of the bid the two contractors met the requirement of pricing the line items in the contract and we recommend
award to both Contractors to allow the City to have a pool of Contractors to utilize.
Additionally,the contract is set up as a unit price contract. Therefore,the City will only pay for work
performed, and if the City has the need to do less work than is outlined in the contract documents,there is no
penalty to the City.
If you have any questions or need any additional information,please contact me at 954-535-5133.
Sincerely,
KIMLEY-HORN&ASSOCIATES, INC.
r�1(frl jf..) pl
§ � f
^Stefano Viola,P.E.
Project Manager
Copy To: File
C:AIIsers\stefano.viota\Desktop\Desktop infoAvent ua Bid Reconmiendation 2022.docx
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 22-08-11-3 CITY OF AVENTURA MAINTENANCE AND
REPAIR FOR CITY STREETS AND FACILITIES TO METRO EXPRESS,
INC. AND THE PAVING LADY FOR THE INDIVIDUAL BID PRICES AS
CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the
various laws of the State of Florida and the Code of the City of Aventura, properly solicited
and accordingly accepted bids for BID NO. 22-08-11-3 CITY OF AVENTURA
MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES; and
WHEREAS, sealed bids have been submitted to and received by the City pursuant
to the City's invitation to bid/notice to bidders, specifications, proposals and requirements
for the project/work as cited above; and
WHEREAS, staff has determined that Metro Express, Inc. and The Paving Lady
have submitted the lowest responsible and responsive bids for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said bid/contract to said lowest responsible and
responsive bidders.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That bid/contract for BID NO. 22-08-11-3 CITY OF AVENTURA
MAINTENANCE AND REPAIR FOR CITY STREETS AND FACITLITIES is hereby
awarded to Metro Express, Inc. and The Paving Lady, on an as needed basis, at the bid
prices as contained in the attached bid documents.
Section 2. That the City Manager is hereby authorized to execute a contract
City of Aventura Resolution No. 2022-
with Metro Express, Inc. and The Paving Lady for the provision of these services.
Section 3. That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution in awarding this
bid/contract.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 410-5401.538-54-10.
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 13t" day of September, 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
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CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager Ce--�Q—
BY- Antonio F. Tomei, Capital Projects Manager ✓'41
THRU: Joseph S. Kroll, Pubic Works & Transportation Director
DATE: September 9, 2022
SUBJECT: Waterways Park Field Enhancement Improvements — Construction
Services Contract Award
September 13, 2022 City Commission Meeting Agenda Item 5C
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution awarding the
responsible and responsive proposal for said project/work to FieldTurf USA, Inc. in the
amount of$2,372,833.54.
BACKGROUND
The City Commission authorized this project under Resolution 2022-15 (modified on April
5, 2022) which relates to the City's project plan for American Rescue Plan grant funding.
This is a portion of project 5001-01 for the field enhancement at Waterways and Founder's
Park. This project will be charged to Budget Line Item Number 101-8050-861.63-02.
Pursuant to City Code of Ordinances Section 2-253(2) and in accordance with Florida
Statutes Title XI I I, Chapter 189, Section 4221, the City is authorized to "piggyback" and
enter into contracts without competitive bidding. Sourcewell, a State of Minnesota local
government unit, issued a Request for Proposals (RFP #031622) on 1/27/22 for Artificial
Turf and Tracks with Installation Equipment Materials and Supplies. Proposals were
opened on 3/16/22 and FieldTurf USA, Inc. was awarded contract #031622-FTU by
Sourcewell specific to this RFP to provide such services.
The proposal allows for the furnishing of all labor, materials, tools, equipment, machinery,
superintendence, mobilization and services necessary for the conversion of the existing
natural grass recreational field at Waterways Park to a synthetic turf system.
Please contact me with any questions or comments you may have.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING A CONTRACT FOR WATERWAYS
PARK FIELD ENHANCEMENT IMPROVEMENTS TO FIELDTURF USA,
INC. AT THE PRICE OF $2,372,833.54; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS; PROVIDING
FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID
AWARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly accepted a proposal for Waterways
Park Field Enhancement Improvements in accordance with Florida Statutes, purchases
from purchasing agreements of special districts, municipalities, or counties, Title XIII,
Chapter 189, Section 4221, to enable the City to select a contractor without competition
by utilizing co-operative purchasing to piggyback off of an active contract and obtain the
same terms and conditions set forth in the original contract which was awarded through
a competitive process; and
WHEREAS, the City has identified a contract awarded to FieldTurf USA, Inc.
("FieldTurf') by Sourcewell, a state of Minnesota local government unit, for field turf
improvements and installation issued under RFP#031622 on January 27, 2022; and
WHEREAS, the FieldTurf proposal has been submitted to and received by the City
pursuant to the City's request, and requirements for the project/work as cited above; and
WHEREAS, staff has determined that FieldTurf has submitted a responsible and
responsive proposal for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said proposal to said lowest responsible and responsive
contractor;
City of Aventura Resolution No. 2022-
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the proposal/contract for Waterways Park Field Enhancement
Improvements is hereby awarded to FieldTurf USA, Inc. in the amount of$2,372,833.54.
Section 2. That the City Manager is hereby authorized to execute a contract
with Field Turf USA, Inc. for the field improvements to Waterways Park.
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
proposal/contract.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 101-8050-861.63-02.
Section 5. This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner 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 Resolution No. 2022-
PASSED AND ADOPTED 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
COOP BUDGETARYCOSTS
Fielffurf
• . . • . • / A Tarkett�ports Cbmpany
mil,r�5
CITY OF AVENTURA "I__C�-�_II
11 i� i 11
11 11
11 11
11 1/
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September 2, 2022
FieldTurf USA, Inc. is pleased to present the following proposal. FieldTurf pricing
is based on the Sourcewell contract (formerly NJPA). Sourcewell provides
predetermined preferential pricing through approved vendors. Since the products •��`s�` ♦'�+,p
have already been bid at the national level, individual municipalities do not have W
to duplicate the bidding process per Sourcewell Contract # 031622-FTU. o
O �
Click on the following Sourcewell hyperlink for contract due
rcewell
diligence documentation: Sourcewe, '� ENC-A
Awarded Contract "Buy from Yourself"
Quantity Units Unit Price Total
Site work GC-3
1 Civil /site work scope of work per inclusions 125,579 SF $7.70 $1,754,831.80
2 Project Management - Supervision 1 LS included above included above
Subtotal Site Work $1,754,831.80
Synthetic Turf
3 FieldTurf XT 2" slit film 2 layer turf system 125,579 SF $4.56 $572,640.24
4 Inlaid Softball Markings 1 EA $7,200.00 DONATED
5 Inlaid Soccer Markings 2 EA $7,200.00 DONATED
6 Maintenance Equipment: 1 FieldSweep & 1 GroomRight 1 SET $9,841.50 $9,841.50
Subtotal Synthetic Turf $582,481.74
Subtotal Project $2,337,313.54
7 Performance & Payment Bonds 1 LS $35,520.00 $35,520.00
Total Project $2,372,833.54
info@fieldturf.com
COOP BUDGETARYCOSTS
Fielffurf
PROJECTPROPOSAL
ports
PRODUCT DETAILS
FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf XT-50 2" 2 layer infill turf
system, with the following product characteristics:
0, Pile Height: 2 Inches
11�- Infill Weight: 2 Ibs sand & 3 Ibs ambient rubber per sq.ft.
0, Pile Weight: 30 oz/yd2
F Total System Weight: 773 oz/yd2
2—LAYER SYSTEM
homWerKKKis InfM system oDnsJsts of a sarsd
1base with crumb rubber . provide theproper
firrnrom required for optimal
PRESTIGE XT
FieldTurf Prestige XT features the same leading
slit-film as Classic HD, but designed in a two-layer
system.A unique balance of quality and value.
The system allows you to benefit from premier fiber
performance along with best-in-class performance
characteristics.
Fiber Slit-Film
Infill 2-layer
Backing Solid Coated / Perforated
PRICE INCLUDES:
a) Mobilization, Survey& Layout of our work
b) Erosion control as required
c) Cut&cap existing irrigation within field limits
d) Miscellaneous demolition within field limits
e) Strip existing organics and topsoil—offsite disposal
f) Contaminated soil removal and disposal:
g) Bulk excavate for StormTech system
h) Haul out and disposal of contaminated soils generated by excavations deeper than 2' (demolition of
exfiltration trench, excavation for new exfiltration trench, and excavation for StormTech system
1.800.724.2969 1 InfoOftlilturf.00m •
COOP BUDGETARYCOSTS
ffFielffurf
PR
• • • ,o
I) All contaminated soils disposed of at CleanEarth facility
j) Furnish & install 40 mil HDPE seamed liner
k) Cut to subgrade -standard
1) Cut to subgrade for extra storage— 12"
m) Laser grade and compact subgrade
n) Furnish & install 8"x12" concrete curbing at perimeter of field limits
o) Furnish & install 2 x 4 nailer boards at concrete curbing
p) Furnish & install 12" exfiltration trench (2'x2' cross section)
q) Furnish & install 6" HDPE as shown
r) Furnish & install StormTech System as shown
s) Furnish & install 4 oz non-woven geotextile fabric full coverage on the turf limits of the field
t) Furnish & install 12"wide flat panel drains and accessories
u) Furnish & install Nyloplast basins, inline drains, and 42" precast manhole as shown
v) Furnish & install 4.5" of limestone base stone
w) Furnish & install 12" of limestone base stone (extra storage)
x) Furnish & install 1.5" of limestone finish stone
y) Laser grade and compact finish stone
z) Site restoration as required with sod
aa) One year warranty on all civil work
bb) Furnish & Installation of the artificial in-filled grass surface upon a suitable base
cc) An eight (8)year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface
dd) Performance and Payment Bond fees and all applicable taxes
ee) Maintenance Equipment and Inlaid Sports Markings per COOP breakdown
PRICE DOES NOT INCLUDE:
a) Design Services —included under a separate agreement
b) Any costs associated with necessary charges relating to the delineation of the field
c) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will
be provided only upon executed change orders, and will become an extra charge over and above
the offered price
d) Soil stabilization or remediation of any type
e) Rock excavation/Trash Removal/Dewatering/De-mucking the site
fl Plant replacement
g) Site security
h) Boring for utilities
I) Any electrical work
j) Bleachers, shade structures, netting, and/or padding (goalposts or other)
k) Any sports equipment not specifically listed under inclusions
1) Small vehicle to tow maintenance equipment
m) Once subgrade has been established, a proof roll will be performed to ensure structural stability of
the soils; in the event that unsuitable soils are encountered, a price to remedy these areas can be
negotiated based on recommended methods per project Engineer.
1.800.724.2969 1 InfoOftidturf.00m •
COOP BUDGETARYCOSTS
ffFielffurf
PR
• • • ,o
n) Relocation, removal and repair of existing utilities not limited to electrical conduits, power poles, water,
sewer, gas, cable, telephone, owner placed conduits or communication feeds within the field of play
o) All union labor, prevailing wages or other labor law levies.
p) Permit fees/inspection fees
q) Any work not listed in the inclusions
r) Any concrete flatwork
s) Any fencing removal, installation, or alteration — permanent or temporary
t) Owner to provide suitable access for construction
u) Anything not explicitly noted in the inclusions or not noted in the COOP breakdown
Price is based on current square footage shown above and 85% design documents. Any changes in scope of
work, square footage, sports markings, or added logos of any kind will result in a change in price and this
proposal to be void.
This proposal and offered pricing are based upon FieldTurfs typical dynamic base drainage system and storm
water calculations. However, the scope of work/services and associated pricing are subject to change in the
event of.- (i) design and/or construction requirements of the local permitting authorities which dictate a change in
design and/or construction and/or(ii) existing site conditions which are concealed, unknown and/or differ from
readily available published data for the region.
The budget price is valid for a period of 30 days. The price is subject to increase if affected by an increase in
raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding
imposition affecting the transaction. The parties recognize that the impacts of the COVID-19 pandemic are
currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of
materials, equipment or products. In addition, as these contingencies have not been factored into this proposal;
materials, equipment and/or products to be used in performing the work may become subject to a price increase.
Accordingly, it is acknowledged that the seller/FieldTurf shall(a) not be subject to any damages for any delay
due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of
this proposal or any contractual document resulting therefrom. Please note that the seller/FieldTurf shall use its
best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may
arise. Turf Delivery Date to be a minimum of 120 days after receiving a fully executed contract and final
approvals on shop drawings. Thank you for your understanding.
Please feel free to reach out to any member of our project team with questions about our offer:
Kristie Cramer Chris Wedge
Project Manager Regional Sales Manager
(423) 645-7533 (352)242 7520
Kristie.Cramera-FieldTurf.com Chris.Wedgea-FieldTurf.com
Thank you again for your interest in FieldTurf, we look forward to working with you.
1.800.724.2969 1 Into0fieldturf.00m •
COOP BUDGETARYCOSTS
Fielffurf
PROJECTPROPOSAL ports
The present proposal serves to provide an overview of the terms and conditions governing the business
relationship between the parties for the completion of the above-referenced transaction. The parties hereby
undertake to subsequently formalize their agreement by signing a more detailed agreement and/or
purchase order("Contract") and as such the amount listed herein shall be an estimate which will be
formalized in said Contract.
By its signature(s) below, the customer acknowledges having read and accepted this proposal and
undertakes to be bound by it.
Per:
Marie Christine Raymond, Dire or of Operations Owner(Signature)
FieldTurf USA, Inc./Tarkett Sports Canada, Inc.
Printed Name and Title
FieldTurf USA, Inc. holds the Cooperative Purchase contract,any PO for Contract must be made out to
FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701
If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact
Eric Fisher at: Eric.Fisher(cDsmartbuvcooperative.com.
,4 rSmarr Buy
_� PURCHA81Ha PROGRA M
FIELOTURF • BEYNON
COOP BUDGETARYCOSTS
Fielffurf
PROJECTPROPOSAL
CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with
the supply and installation only of its product pursuant to the present bid proposal, the following
shall apply:
a) This bid proposal and its acceptance is subject to material. Access to any field will include suitable
strikes, accidents, delays beyond our control and bridging over curbs from the staging area to permit
force majeure. suitable access to the field by low clearance vehicles.
b) FieldTurf's preferred payment terms are as Staging area surface shall be suitable for passage
follows: (i) 50% of the Price upon Customer's with motor vehicles used to transport materials to the
execution of contract; (ii) 40% of the Price upon site and/or staging area. FieldTurf shall not be liable
shipment of materials from FieldTurf's for any damages to the staging area or its surface
manufacturing facility; and (iii) Remaining balance unless such damages are caused by FieldTurf's
of ten percent (10%) upon substantial completion intentional misconduct or negligence.
of the field, which shall be achieved when f) This proposal is based on a single mobilization. If
Customer is able to use the field for its intended the site is not ready and additional mobilizations
purpose, even if punchlist items remain and the are necessary, additional charges will apply.
Certificate of Completion has not been executed
by Customer. g) Upon substantial completion of FieldTurf's
c) Accounts overdue beyond 30 days of invoice obligations, the Customer shall sign FieldTurf's
date will be charged at an interest rate of 10% Certificate of Completion in the form currently in
per annum. force; to accomplish this purpose, the Customer will
d) FieldTurf requires a minimum of 120 days after ensure that an authorized representative is present
receiving a fully executed contract or purchase at the walk-through to determine substantial
order and final approvals on shop drawings to completion and acceptance of the field, which may
manufacture, coordinate delivery and schedule include a list of punch list items.
arrival of installation crew. Under typical field size h) FieldTurf shall not be a party to any penalty clauses
and scenario, FieldTurf further requires a minimum and/or liquidated damages provisions.
of 28 days per field to install the Product subject to
weather and force majeure i) FieldTurf shall be entitled to recover all costs and
expenses, including attorney fees, associated with
e) FieldTurf requires a suitable staging area. Staging collection procedures in the event that FieldTurf
area must be square footage of field x 0.12, have a pursues collection of payment of any past
minimum access of 15 feet wide by 15 feet high, and, due invoice.
no more than 100 ft from the site. A 25 foot wide by
25 foot long hard or paved clean surface area 1) All colors are to be chosen from FieldTurf's
located within 50 feet of the playing surface shall be standard colors.
provided for purposes of proper mixing of infill
.................................................................................THE TARKETT SPORTS FAMILY-LEADERS IN SPORTS SURFACING .................................................................................
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CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Antonio F. Tomei, Capital Projects Manager 7J
THRU: Joseph Kroll, Director, Public Works & Transportations
DATE: September 9, 2022
SUBJECT: Recommendation —Work Authorization No. 2022-043508136-001
Professional Services for Yacht Club Drive Seawall Hardening
Improvements — Kimley-Horn & Associates, Inc.
September 13, 2022 City Commission Meeting Agenda Item 5D
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization No. 2022-043508136-001 to Kimley-Horn & Associates, Inc. for
Professional Design Services for seawall hardening improvements on Yacht Club Drive
in the amount of $175,491.50. This project will be funded by Budget Line Item Number
101-8054-851.63-02.
BACKGROUND
In accordance with Resolution 2019-35, Agreement for Professional Engineering
Services between the City of Aventura and Kimley-Horn &Associates, Inc., the enclosed
work authorization provides for professional services specific to site review, design,
permitting, bidding and construction oversight required to repair the seawall along the
north side of Yacht Club Drive for approximately 1,500 linear feet of wall.
The City Commission authorized this project under Resolution 2022-15 (modified on April
5, 2022), which relates to the City's project plan for American Rescue Plan grant funding.
In addition, a $600,000 grant from the Florida Department of Environmental Protection
has been awarded to the City.
If you have any questions or need any additional information, please feel free to contact
me.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 2022-
043508136-001 IN THE AMOUNT OF $175,491.50 FOR PROFESSIONAL
DESIGN SERVICES FOR THE YACHT CLUB DRIVE SEAWALL
HARDENING IMPROVEMENTS PROJECT BY AND BETWEEN THE
CITY OF AVENTURA AND KIMLEY-HORN & ASSOCIATES, INC.;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the City Manager is hereby authorized to execute the attached
Work Authorization No. 2022-043508136-001 ($175,491.50) for professional design
services by and between the City of Aventura and Kimley-Horn & Associates, Inc.
Section 2. That the City Manager is authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Denise Landman
Mayor Enid Weisman
City of Aventura Resolution No. 2022-
PASSED AND ADOPTED this 13t" day of September, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
WORK AUTHORIZATION NO. 2022-043508136-001
2022 YACHT CLUB DRIVE SEAWALL REPAIR
The City of Aventura has requested Work Authorization No. 2022-043508136-001 as provided
for in the Agreement between the City of Aventura and Kimley-Horn and Associates, Inc. and
approved by the City Commission on July 9, 2019.
This Work Authorization No. 2022-043508136-001 provides for technical services in accordance
with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Review Phase
Site Visit $4,483.00
Review of Existing Documentation $3,356.00
Total Review Phase—Lump Sum $7,839.00
Design Phase
Survey $21,825.00
Geotech $28,127.50
Construction Documents $37,558.00
Total Design Phase— Lump Sum $87,510.50
Permitting Phase
Environmental Permitting $15,668.00
Total Permitting Phase—Lump Sum $15,668.00
Bidding Phase
Limited Bidding Assistance $7,618.00
Total Bidding Phase—Lump Sum $7,618.00
Construction Phase
Shop Drawing and RFI Review $7,520.00
Construction Meetings $16,780.00
Site Visits $30,900.00
Pay App Review $1,656.00
Total Construction Phase—Lump Sum $56,856.00
Total Lump Sum Labor Fee $175,491.50
The time period for this work authorization will be:
Design Phase..............................................................60 Days
Permitting phase (estimate)...................................120 Days
Bidding Phase............................................................45 Days
Construction Phase (estimate) ...............................120 Days (after material acquisition)
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Ronald J. Wasson
day of 12022
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
Director of Public Works Transportation
BY
Capital Projects Manager
Antonio F. Tomei
day of , 2022
Exhibit A
Project Description
The services to be provided under this proposal is to prepare construction documents to repair
the seawall located along the north side of Yacht Club Drive for approximately 1,500 LF of wall.
The total length of seawall in this area is approximately 1,900 LF, however approximately 400 LF
had been previously repaired under an emergency project due to a partial collapse. Figure 1
below shows the limits of the seawall. The project will include the installation of new battered
piles in front of the existing seawall to stabilize and increase the service life of the seawall. As
part of this project, a surveyor and geotechnical engineer will be engaged as subconsultants to
obtain on-site data for the design of the wall.
r _1-..
1 �• .! qr �y'�T� 1
Assumed Project Limits
i _7 ` 7.
Figure 1: Limits of Seawall (Source: Google Earth) [Red line shows limits of seawall]
Scope of Services
The professional services for this project will include the following:
Task 1—Site Visit and Existing Document Review
Kimley-Horn will conduct a site visit is to document and quantify the structural repairs required
throughout the length of the seawall for the development of the repair plans. The site visit will
be performed by two (2) engineering professionals, including one licensed PE in Florida. Prior to
the site visit, Kimley-Horn will review the readily available prior reports, plans, and as-built
documents (to be provided by the City) and develop a preliminary seawall layout to be used for
field notes.
As part of this visit, SCUBA equipment may be used to understand the condition of the wall
elements (piles and wall panels) near the mudline and the splash zone. Photographs taken may
be used as part of Task 2 to illustrate the repairs to the seawall.
Upon completion of the site visit, Kimley-Horn will schedule a conference call with the City to
review our field observations and to discuss the overall repair items that should be addressed in
the repair plans. Meeting minutes will be issued by Kimley-Horn.
The City of Aventura shall provide the following information prior to scheduling the site visit:
• Record Drawings, if any
• Maintenance Records, if any
• Prior Seawall Evaluation Reports
• Recent repair plans and geotechnical data from emergency repair
• Coordination with the cathodic protection installer
• Prior permits
Task 2—Seawall Repair Drawings, Calculations, and Specifications
The purpose of this Task is to prepare engineering plans depicting the seawall repairs along the
north side of Yacht Club Drive in Aventura, Florida.
The Consultant will engage the services of both a Geotechnical Engineering and a Surveying
subconsultant. The Geotechnical Engineering firm will obtain three (3) borings approximately
50 feet in depth with one (1) boring being in the water.The Geotechnical Engineer will provide
soil parameters and information related to the design of the retrofit. Additionally, the
Consultant will utilize high resolution aerials in the development of construction drawings
supplemented by a site specific topographic and bathymetric survey to be obtained from the
Surveying firm as part of this task. The survey scope will include locating upland features as well
as inlet, pipes, penetrations and outfalls through the existing seawall.
The Consultant will perform engineering and design services for the preparation of construction
plans and design requirements to stabilize the seawall and repair specific deficiencies as
discussed during the meeting under Task 1.
The deliverable shall consist of engineering plans for the seawall improvements. Construction
plans will be prepared to a level suitable for a competitive bidding process in conformance with
the current Florida Building Code (2020). The set of plans is anticipated to include the following
sheets:
• Cover Sheet
• General Notes and Technical Specifications
• Notes and details for erosion and sediment control measures.
• Plan and elevation sheets with work identification sheets
• Annotated photographs of specific repairs
• Typical section and sequence of construction details
• Detail Sheets
Project assumptions:
• No guardrail/barrier will be installed on top of the wall.
• The wall (top of cap) elevation will match existing.
• The existing cathodic protection on the existing cap is assumed to be removed
and re-installed by the original installer under a separate contract directly with
the City.
• Specifications will be included in the plans in the form of general notes. (A
project manual/specification package is assumed to not be included as part of
this task).
During this task, Kimley-Horn will attend up to two (2) coordination meetings with the City to
discuss project requirements. Meetings are assumed to be virtual and last no more than one (1)
hour.
Kimley-Horn will submit 60% progress set(11"x17")to the Client for review and comments. Upon
submittal of the 60% plans, Kimley-Horn will attend one virtual meeting with the Client to answer
any comments/questions on the progress set.
Kimley-Horn will submit two (2) half-size (11"x17") printed copies of the final design plans and
construction cost estimate to the City staff for bid and construction.The final plans will be signed
and sealed by a licensed Florida Engineer. All deliverables shall also be submitted in PDF format.
Task 3—Environmental —Seagrass Survey and Permitting
This proposal assumes that the seawall replacement project will require environmental
regulatory permits from the Florida Department of Environmental Protection (FDEP) and Miami-
Dade County Division of Environmental Resources Management (DERM).
This proposal assumes that the existing seawall was either constructed in conformance with
permits issued by USACE, FDEP and DERM, or was constructed prior to establishment of related
permitting requirements.
This proposal is based on the assumption that the improvements will be installed either directly
landward of the existing seawall, or directly waterward of the existing seawall, such that the face
of the new seawall is within 18 inches of the face of the existing seawall.
This proposal assumes that the project will qualify for permitting as a State Programmatic
General Permit (SPGP) issued by FDEP on behalf of the USACE; and a Class I Short Form Permit
with DERM. It is possible that DERM will require installation of new riprap at a 2:1 slope,
extending a maximum of eight feet from the face of the reconstructed seawall. If rip-rap is
required, the SPGP only allows for 100 linear feet and therefore, separate authorizations would
be required for the rip-rap. If rip-rap is required, a separate scope and fee will be prepared for
the additional permitting efforts needed.
This proposal assumes that all application fees shall be paid by the Client.
Task 3.1— Environmental Regulatory Permitting (State/Federal)
Kimley-Horn will coordinate and attend one pre-application meeting with FDEP to discuss existing
conditions and permitting requirements. Kimley-Horn will prepare a State Programmatic General
Permit for submittal to FDEP, to include figures illustrating existing and proposed conditions.
Application fees will be paid by the Client.
Following application submittal, Kimley-Horn will respond to one Request for Available
Information (RAI) from FDEP. Any additional RAIs or meetings will be considered additional
services.
It is assumed that the contractor will follow the Standard Manatee Conditions for In-Water Work
(2011) in order to prevent impacts to the West Indian manatee and will implement a standard
turbidity control plan to assure water quality during seawall improvement construction.
Task 3.2— Environmental Regulatory Permitting (County)
For the DERM Class I Short Form Permit, Kimley-Horn will attend one pre-application meeting
with Miami-Dade County. Kimley-Horn will prepare an application for improvements to the
seawall and a Class I (Short Form) Approval from DERM. It is anticipated that application
materials will encompass essentially the same information submitted to FDEP. Kimley-Horn will
submit the application package to DERM. The DERM permit fee will be determined based on
estimated construction cost and will be paid by the Client.
Following application submittal, Kimley-Horn will respond to one RAI from DERM. Any additional
RAIs or meetings will be considered additional services.
Task 4— Limited Bidding Assistance
It is our understanding that the City will use a competitive bidding process to award the contact
to a qualified contractor to construct the improvements. Kimley-Horn shall assist the City during
the bidding process by attending one (1) pre-bid meeting and issuing up to two (2) addenda in
response to interested contractor questions or requests for information during the bid process.
All responses by Kimley-Horn will be approved by the City prior to issuance. Once bids are
received, Kimley-Horn shall review the bids and provide a recommendation to the City of the
apparent low bidder's price proposal. The City will be responsible for making the award and
notifying the successful bidder.
Task 5—Construction Phase Services
As the Engineer of Record, the Consultant will provide limited construction phase services to
assist the City in providing plan clarifications as well as responding to requests for information
(RFI's) during the construction of the project. The scope for his task is based on the assumed
construction duration of 120 days.
During the construction startup phase, it is assumed that at most three (3) requests for
information will be received and reviewed. Additionally, the Consultant will review the
provided shop drawings (up to a maximum of five (5)) for general compliance with the intent of
the design.
Kimley-horn will also lead weekly construction meetings (up to sixteen (16) meetings) and
prepare meeting minutes. It is assumed that most construction meetings will be held virtually
and up to four (4) meetings will be held in the field concurrent with the weekly site visits.
Meetings are anticipated to last no more than 1-hour. It is assumed that the Consultant will
perform weekly site visits to the project to document and observe the construction. It is
assumed that sixteen (16) site visits will be performed throughout the duration of the project.
These weekly site visits are anticipated to be at most four (4) hours on site and field
observation reports will be provided as part of each site visit. An additional six (6) site visits, in
excess of the scheduled weekly site visits, are anticipated to be required during critical aspects
of construction.The services provided in this Task are expected to be sufficient for the
Consultant to certify the project to the City of Aventura upon completion of construction. It is
assumed the Consultant will review and approve Pay Applications from the Contractor at the
end of each month. A total of four (4) Pay Applications are assumed to be included in the scope
of work.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
(92-
DATE- September 9, 2022
SUBJECT: Recommendation to Approve the Purchase of a New Taser 7 Platform
for the Police Department
September 13, 2022 City Commission Meeting Agenda Item 5E
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the purchase of a new Taser 7 platform for the police department from Axon Enterprise,
Inc., the sole-source vendor.
BACKGROUND
The City Commission authorized this purchase under Resolution 2022-15, which relates
to the City's project spending plan for the American Rescue Plan Act ("ARPA") grant
funding.
In order to maintain the latest technology, training, and support, the City must transition
to the new Taser 7 platform. The cost covers, the Lasers, batteries, cartridges, and training
to properly transition to the latest less-than-lethal platform.
The total cost for the Taser 7 transition is $334,999.98.
If you have any questions, please feel free to contact me.
RJW/bp
Attachment
CCO2036-22
CITY OF AVENTURA
POLICE ER T
INTER FIB MEMORANDUM
Ronald J. Wasson, City Manager
Michael Bentolila, Chief of Police R 9440A
DATE: September 6„ 2022
SUBJECT: Request for Commission Approval of ARPA Purchase
The ARPA regulation for CFR 200 requires that the funds he expended only upon request
of the Chief of police to the governing body of the municipality and approval of the
governing body when piggy hacking on another contract and when the expenditure is
over $195,000
I are requesting City Commission confirm approval for the ARPA expenditure of these
monies for the purchase of:
Transition to the Taser 7: $334,999.98
u a
Taser 7; In order to maintain the latest technology, training and support, we had to
transition to the new aser 7 platform. The monies requested corer the cost fear the
actual Tasers, batteries, cartridges and training to properly transition to the latest
less than lethal platform.
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
NEW TASER 7 PLATFORM; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the February 1, 2022 City Commission meeting, Resolution No.
2022-15 was adopted approving the American Rescue Plan Act ("ARPA") spending plan,
to include the purchase of a new Taser 7 platform by the City's Police Department; and
WHEREAS, the Police Department has identified a new Taser 7 platform, including
Lasers, batteries, cartridges and training 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 new platform 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 new Taser 7 platform from Axon Enterprise, Inc., the soul source
vendor, 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.
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 13t" day of September, 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
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: September 9, 2022
SUBJECT: Amendment to a Recorded Declaration of Restrictions
September 13, 2022 City Commission Meeting Agenda Item 5F
RECOMMENDATION
It is recommended that the City Commission amend the attached Declaration of
Restrictions adopted by Miami-Dade County in 1990, as set forth in the attached
Amendment to Declaration of Restrictions, in order to remain compliant with current
regulations.
BACKGROUND
The owner of the Imperial Club brought the non-compliant restriction to the City's
attention. Zoning-related restrictions enacted by Miami-Dade County prior to the City's
incorporation are now within the City's jurisdiction to amend if and as necessary.
Attachment 1: Amendment to Declaration of Restrictions
Attachment 2: Letter of request including Declaration of Restrictions
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING
AN AMENDMENT TO THE DECLARATION OF RESTRICTIONS
RELATED TO THE PROPERTIES LOCATED AT 2751 N.E. 183RD
STREET AND 2777 N.E. 183RD STREET TO REMOVE THE LEASE
RESTRICTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Imperial Owner owns the property located at 2751 N.E. 183rd Street
in the City of Aventura (the "City") that is improved with a fourteen-story senior living
facility known as the Imperial Club (the "Imperial Club"); and
WHEREAS, Sterling Owner owns the property located at 2777 N.E. 183rd Street
in the City that is improved with an eight-story assisted living facility known as the Sterling
(the "Sterling"); and
WHEREAS, in connection with obtaining certain development approvals from
Miami-Dade County (prior to incorporation of the City) with respect to the development of
the Imperial Club and the Sterling, the predecessors in title of such properties executed
a Declaration of Restrictions, dated November 16, 1990, recorded on January 23, 19917
in Official Records Book 14867, Page 1252 of the Public Records of Miami-Dade County
(the "Declaration"); and
WHEREAS, the Imperial Club and the Sterling comprise the property subject to
the Declaration, as legally described in Exhibit A to the Declaration; and
WHEREAS, paragraph four (4) of the Declaration prohibits the owner of either the
Imperial Club or the Sterling from leasing units at their respective properties to tenants
that receive federal rent subsidies; and
WHEREAS, the Parties desire to amend the Declaration by deleting paragraph
four (4), as provided in the Amendment attached as Exhibit "A;" and
WHEREAS, the City Commission finds that the Amendment is in the best interest
of the public.
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. Approval of the Amendment. That the Amendment to the
Declaration, in substantially the form attached as Exhibit A, is hereby approved.
Section 3. Implementation. That the City Manager or designee is authorized
to take any action necessary to implement the Agreement and the purposes of this
Resolution.
City of Aventura Resolution No. 2022-
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 13t" day of September, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 2 of 2
This Instrument was prepared by,
and when recorded should be
returned to:
Robert Cheng, Esq.
Shutts & Bowen LLP
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
AMENDMENT TO DECLARATION OF RESTRICTIONS
This Amendment to Declaration of Restrictions (this "Amendment") is entered into
effective as of , 2022 (the "Effective Date"), between Imperial Club L.P., a
Florida limited partnership ("Imperial Owner"), and BRE ROOK SH Sterling Aventura, LLC, a
Delaware limited liability company ("Sterling Owner," and together with Imperial Owner, the
"Parties"), and amends that certain Declaration of Restrictions dated as of November 16, 1990,
recorded on January 23, 1991, in Official Records Book 14867, Page 1252 of the Public Records
of Miami Dade County (the "Declaration").
RECITALS
WHEREAS, Imperial Owner owns a parcel of real estate with a street address of 2751 N.E.
183rd Street, Aventura, Florida, that is improved with a fourteen story, a senior's living facility
known as The Imperial Club ("The Imperial Club");
WHEREAS, Sterling Owner owns a parcel of real estate with a street address of 2777 N.E.
183rd Street, Aventura, Florida, that is improved with an eight story, an assisted living facility
known as The Sterling ("The Sterling");
WHEREAS, in connection with obtaining certain development approvals from Miami-
Dade County (prior to incorporation of the City of Aventura ("City")) with respect to the
development of The Imperial Club and The Sterling, the predecessors in title of such properties
executed the Declaration;
WHEREAS, The Imperial Club and The Sterling comprise the property subject to the
Declaration, as legally described in Exhibit A to the Declaration;
WHEREAS, paragraph four (4) of the Declaration prohibits the owner of either the
Imperial Club or The Sterling from leasing units at their respective properties to tenants that
receive federal rent subsidies;
WHEREAS, the Parties desire to delete paragraph four (4) from the Declaration;
WHEREAS, while the terms of the Declaration require that any amendment be approved
by the"Zoning Appeals Board or the Board of County Commissioners,whichever has jurisdiction,
after public hearing", the Parties and the City recognize that because the property subject to the
MIADOCS 24825871 1
Declaration is now within the jurisdiction of the City, particularly with respect to land use and
zoning matters, the City possesses the authority to approve an amendment to the Declaration
subject to a public hearing before its governing body; and
WHEREAS, the Parties and the City desire to delete paragraph four (4) from the
Declaration, and to leave the remainder of the Declaration unmodified.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
undertakings contained herein, and other good and valuable consideration, each to the other
provided,the receipt, adequacy and sufficiency of which is hereby acknowledged,the Parties agree
as follows:
Section 1. Deletion of Paragraph 4 . The Parties agree to delete paragraph four(4) of
the Declaration in its entirety from the Declaration. The remainder of the Declaration shall remain
unmodified by this Agreement.
Section 2. Recording. Any Party is authorized to record this Amendment in the Public
Records of Miami Dade County.
[Signatures appear on the following pages]
2
MIADOCS 24825871 1
Executed as of the date first set forth above.
WITNESSES: STERLING OWNER:
BRE ROOK SH Sterling Aventura, LLC,
a Delaware limited liability company,
By:
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this of 2022, by
means of physical presence or online notarization by , as
of BRE ROOK SH Sterling Aventura, LLC, a Delaware limited liability
company, on behalf of the corporation and partnership. He/She (_) is personally known to me or
(� has produced a driver's license as identification.
NOTARY PUBLIC, State of
Print Name:
My Commission expires:
Serial No.:
[Signatures Continue on Following Page]
Signature page to Amendment to Declaration
MIADOCS 24825871 1
Executed as of the date first set forth above.
WITNESSES: IMPERIAL CLUB OWNER:
IMPERIAL CLUB L.P., a Florida limited
partnership
By: First Baptist Housing of Bridgeport, Inc., a
Connecticut not-for-profit corporation
Print Name:
By:
Print Name: Name:
Title:
STATE OF FLORIDA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this of 2022, by
means of physical presence or online notarization by , as
of First Baptist Housing of Bridgeport, Inc., a Connecticut not-for-
profit corporation, the general partner of Imperial Club L.P., a Florida limited partnership, on
behalf of the corporation and the partnership. He(j is personally known to me or(_)has produced
a driver's license as identification.
NOTARY PUBLIC, State of
Print Name:
My Commission expires:
Serial No.:
Signature page to Amendment to Declaration
MIADOCS 24825871 1
ACKNOWLEDGMENT BY THE CITY OF AVENTURA
The City of Aventura ("City") acknowledges that the foregoing Amendment was validly
approved by the City Commission after a public hearing, and has the effect of deleting paragraph
four (4) from the Declaration of Restrictions recorded on January 23, 1991, in Official Records
Book 14867, Page 1252 of the Public Records of Miami Dade County.
WITNESS my hand and official seal in the county and state named above this day of
, 2022.
Approved:
By:
Title:
Approved as to Legal Form and Correctness:
By:
Title: City Attorney
Signature page to Amendment to Declaration
MIADOCS 24825871 1
ATTACHMENT 2
ahufts
August 4, 2022
VIA E-MAIL
Keven Klopp
Development Services Director,
City of Aventura
kloppkgcityofaventura.com
Re: Imperial Club—Discrimination in Housing on the Basis of Source of Income
Dear Keven,
We represent Imperial Club SLP,LLC ("Purchaser'),whose sole member is Darren Smith,
President of Smith & Henzy Affordable Group. Purchaser is under contract to purchase from
Imperial Club, L.P. the property known as the Imperial Club, located at 2751 NE 183rd Street,
Aventura, Florida, which offers independent and assisted living options for seniors within the City
of Aventura ("Ci1y"). Upon closing, Purchaser intends to conduct an approximately $7,760,000
rehabilitation of the Imperial Club and operate it as an affordable seniors independent living
facility. Purchaser's intended financing sources include the Low-Income Housing Tax Credit and
Multifamily Mortgage Revenue Bond programs administered by the Florida Housing Finance
Corporation, as well as the Project-Based Voucher Program administered by Miami-Dade County
("County") Public Housing and Community Development.
It has come to our attention that there is a restriction contained in a recorded Declaration
of Restrictions (the "Declaration," a copy of which is attached hereto as Exhibit A) that has the
effect of discriminating against prospective tenants of the Imperial Club (and the neighboring
senior living facility, The Sterling Aventura) on the basis of their source of income. Specifically,
paragraph 4 of the Declaration (the "Subject Restriction") states: "No prospective resident of the
(1) housing for elderly, (2) adult congregate living facility, or(3)nursing home who shall receive
federal subsidies for housing assistance will be permitted to occupy any unit." For the reasons set
forth in this letter, and the letter attached hereto as Exhibit B from Miami-Dade County's
Commission on Human Rights' Director, Erin New, we respectfully request that the City include
as an agenda item before the appropriate City board or council an approval of an amendment to
the Declaration deleting the Subject Restriction,with a favorable recommendation from Staff.
Laws and private restrictions that permit discrimination in the housing market based on
source of income have come under attack nationally as "a form of modern-day redlining." (See,
for example, An Illusion of Choice: How Source of Income Discrimination and Voucher Policies
Perpetuate Housing Inequality, Februar0). For this reason, Miami-Dade County expressly
outlawed this practice by enacting a Human Rights Ordinance, making it unlawful to
MIADOCS 24665025 2
Page 2 of 2
discriminate against any person seeking housing in the County on the basis of their source
of income. See Chapter 11A, Miami-Dade County Code of Ordinances. "Source of income" is
defined to mean"the lawful, verifiable income paid directly to a tenant or paid to a representative
of a tenant, including, but not limited to, Section 8 Housing Choice Vouchers..." (§I IA-2). As
confirmed in the attached letter from the Director of the County's Commission on Human Rights,
the Ordinance "is applicable in both the incorporated and unincorporated areas of Miami-
Dade County,Florida." (§I IA-50).
To be clear, the City was not involved in the imposition of the Subject Restriction. The
Declaration was executed in connection with certain local development approvals obtained from
Miami-Dade County (prior to incorporation of the City) by a predecessor owner of the property
upon which the Imperial Club and The Sterling Aventura now sit. The terms of the Declaration
require that any amendment be approved by the "Zoning Appeals Board or the Board of County
Commissioners, whichever has jurisdiction, after public hearing." As you have recognized,
however,because the property subject to the Declaration is now within the jurisdiction of the City,
the City steps into the shoes of the County and possesses authority to approve an amendment to
the Declaration.
Finally, and critically, the removal of the Subject Restriction will unlock a capital
improvement program in the approximate amount of $7,760,000, designed to enhance the look
and feel of the Imperial Club for the benefit of its residents, neighbors, and the City as a whole.
Please do not hesitate to contact me should you wish to discuss this further.
Sincerely,
SHUTTS & BOWEN LLP
/s/Mark E. Grafton. Esq.
Encl.
Cc: Darren Smith (DSmithgSmithhenzom)
Robert Cheng, Esq. (RChenggshutts.com)
James Carmichael (James.Carmichael(c�r�,ST-Residential.com)
Mickey Marrero, Esq. (MMarrero(c�r�,brzoninglaw.com)
MIADOCS 24665025 2
Exhib it A
c14rY�S.I'IYI ulaa• S.t�� t�a�ll,,r��?,tw•--
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1991 A. 23 AH & 52 91R022535
OrF AEC. 1486741252
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
being the owners, or having some right, title or interest in the
following described property (the "Property"), lying, being and
situated in Dade County, Florida to wit:
SEE ATTACHED EXHIBIT "A"
In order to assure Dade County, Florida, that the
representations made to it by the undersigned during
consideration of Public Hearing Application Number 89-251 will be
abided by, voluntarily makes the following Declaration of
Restrictions covering and running with the Property:
(1) Specification of Site Plans. The said property
shall be developed substantially in accordance with the spirit
and intent of the plans previously submitted, prepared by Shaymon
6 Salk Company, Architects, entitled "Imperial Club", consisting
of 7 pages of site plans, floor plans and elevation drawings,
last revised June 11, 1990, and also a landscape plan prepared by
O'Leary Design Assoc. consisting of 1 page and dated 1-4-90, said
plans being on file with the Dade County Building and Zoning
Department, and by reference made a part of this Declaration.
(2) Limitations on Uses. The use of the Property
shall be restricted to (1) housing for the elderly; (2) adult
congregate living facility; and (3) nursing home. For purposes
of this Declaration "housing for the elderly" shall be defined as
Prepared By:
Eileen Ball Mehta
Fine Jacobson Schwartz Nash Block England
100 S.E. 2nd Street
Miami, Florida 33131
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.
housing which is occupied exclusively by persons 62 years of age
or older.
(3) Limitations on Beds. No more than one bed shall
be permitted in each bedroom. This limitation shall not apply to
individual units occupied by husband and wife or by two related
persons by blood, marriage and consenguity, but in no event will
more than two individuals occupy any unit.
(4) Eligibility. No prospective resident of the (1)
housing for the elderly, (2) adult congregate living facility, or
(3) nursing home who shall receive federal subsidies for housing
assistance will be permitted to occupy any unit.
(5) Notice. Owners hereby agree to the following:
5. 1 At the time of entering into leases with
residents and hiring of employees the Owners will notify them
that the primary entrance to the Property will be Northeast 186
Street and not Northeast 183 Street (the "Entrance Information") .
5.2 The Entrance Information will be continuously
disseminated through inter-company memos, fliers, brochures and
the like.
5.3 Place signs throughout the Property reminding
residents, employees, guests, vendors and construction traffic
that access to the Property shall be as set forth in the Entrance
Information. The signs shall comply with the applicable
provisions of the Code of Metropolitan Dade County, Florida and
shall direct all residents, employees, guests, vendors, and
construction traffic to access the property at N.E. 186th Street.
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5.4 During all phases of construction, all
construction vehicles will be directed to enter and exit the
subject Property from N.E. 186th Street only.
5.5 Owners and/or Owners, representative agree to
meet with members of the Admirals Port Condominium Association,
Inc. and Commodore Plaza Condominium Association, Inc. (the
"Associations" to discuss issues related to the Property
including but not limited to access to the Property.
5.6 Owners existing security patrol will include
in his patrol, the Century Building at 2780 N.E. 183rd Street and
Owner will provide prior to the issuance of a building permit for
the installation of two security cameras in the Commodore Plaza
Security System.
5.7 The agreements contained in this paragraph 5
of the Declaration of Restrictions are made for the benefit of
Admirals Port Condominium Association, Inc. and Commodore Plaza
Condominium Association, Inc. and shall be enforceable by the
Associations by binding arbitration or by judicial proceedings.
Enforcement of the provisions of this paragraph 5 shall not be
the responsibility of Dade County. In the event that either N.E.
183rd and/or N.E. 186 Street is dedicated to Dade County, this
provision may be enforced by Dade County.
(6) Inspections. The Owners agree that any official
inspector of the County Building and Zoning Department, or its
agents duly authorized, may have the privilege at any time during
normal working hours of entering and investigating the use of the
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Property to determine whether or not the requirements of the
building and zoning regulations and the conditions in this
Declaration are being complied with. The Owners further agree
that the Director of the Building and Zoning Department may, from
time to time, make inquiry regarding the occupancy of the
Property, and the Owners shall furnish documents reflecting the
number of residents within the facility in response to such
inquiry. Within 12 months following receipt of documentation
indicating that a 75% level of occupancy has been achieved, and
again within 12 months following receipt of documentation
indicating that a 90% level of occupancy has been achieved, the
Director of the Building and Zoning Department may, in his
discretion, cause a reinspection of the Property to determine
whether the parking provided on the Property is adequate to serve
the parking needs of the Facility. Should the Director of the
Building and zoning Department determine that the parking is
inadequate, the Director and the Owners shall attempt to reach an
agreement whereby the Owners shall either provide additional
parking or shall reduce the number of residents to a number which
will not cause an over-utilization of existing parking
facilities. In the absence of such an agreement between the
Director and the Owners, the Director may file an application
with the Zoning Appeals Board seeking a modification of the
non-use variance of parking requirements and requiring the Owners
to provide additional parking for the Property or reduce the
number of residents. In the event that the Director files such
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OFF REC. 1486741256
'
an application, the Owners agree that they shall not cause the
number of residents to be increased during the pendency of the
application. This provision shall not be deemed to preclude the
Director from utilizing all the powers prescribed in Chapter 33
of the Code.
(7) Term of Declaration. The provisions of this
instrument shall become effective upon their recordation in the
public records of Dade County, Florida, and shall continue in
effect for a period of thirty (30) years after the date of such
recordation, after which time they shall be extended automa-
tically for successive periods of ten (10) years, each, unless an
instrument in writing signed by a majority of the then owners of
the Property and Dade County has been recorded agreeing to change
or release the covenants in whole, or in part.
(9) Modification. The provisions of this instrument
may be amended, added to, derogated, deleted, modified, or
changed from time to time by a recorded instrument executed by
the then owner or a majority of the owners of all of the
Property, provided that such modification, amendment, or release
is also approved by the Zoning Appeals Board or the Board of
County Commissioners, whichever has jurisdiction, after public
hearing.
Should this Declaration be so modified, amended, or
released, the Director of Metropolitan Dade County Building and
Zoning Department, or his successor, shall forthwith execute a
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REC. 1486R I T
written instrument effectuating and acknowledging such
modification, amendment, or release.
(9) Enforcement. Enforcement shall be by action at
law or in equity against any parties or persons violating or
attempting to violate any covenants, either to restrain violation
or to recover damages. The prevailing party in the action or
suit shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the court may adjudge
to be reasonable for the services of his attorney.
(10) Presumption of Compliance. When construction has
occurred on the Property or on any portion of the Property
pursuant to a lawful permit issued by Dade County, and inspec-
tions made and approval of occupancy granted by Dade County, then
such construction, inspections, and approval shall create a
presumption that the buildings or structures thus constructed
comply with the intent and spirit of this Declaration.
(11) Authorization to Withhold Permits and Inspections.
In the event payments and or improvements are not made as
promised, in addition to any other remedies available the Dade
County Building and Zoning Department is hereby authorized to
withhold any further permits and refuse any inspections or grant
any approvals, until such time this Declaration is complied with.
(12) Covenant Running With Land. These restrictions
during their lifetime shall be for the benefit of, and limitation
upon, all present and future owners of the Property and for the
public welfare. This Declaration on the part of the owner shall
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.
constitute a covenant running with the land and may be recorded
in the public records of Dade County, Florida and shall remain in
full force and effect and be binding upon the undersigned, and
their heirs, successors and assigns until such time as the same
is modified and or released. Any references in this Declaration
to the undersigned shall include the undersigned's heirs,
successors and assigns, as applicable.
(13) Severability. Invalidation of any of these
covenants, by judgment or court, in no way shall affect any of
the other provisions of this instrument, which shall remain in
full force and effect.
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is �e 'sv 7 � •:S'�i' i a
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°IACCF'. 1486T?C 1259
Signed, sealed, executed and acknowledged on this 16th
day of November , 1990, at Chicago , Illinois
Witnesses: PORT NATA ASSOCIATES,
LIME D PART R IP
By:
/ enera ner
a--
STATE OF ILLINOIS )
ss
COUNTY OF COOK )
I, an officer authorized to take acknowledgments,
according to the laws of the State of Illinoisduly qualified and
acting, do hereby certify that on this date appeared before me
Rudolph Tessler a general partner in Port Sonata Associates,
Limited Partnership to me personally known, who acknowledged the
foregoing instrument for the purposes therein contained, and had
acknowledged that he was authorized to execute said instrument as
the act and deed of the partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal at this le id day of 1990.
OFFICIAL SEAL
SAIORA 1. BAII ^
NOTARY PUBLIC STATE OF IWNOIS U/t/ICY Eli— ��L
MT COMMISSION EIP. MAY 31.1"1 Notary Public
My Commission Expires:
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EXHIBIT "A"
Tract "A" of Port William subdivision, according to the
Plat thereof, as recorded in Plat Book 127, at Page 46 of the
Public Records of Dade County, Florida.
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• NEC. 1486741 Z61
JOINDER BY MORTGAGES
The undersigned, TRUSTBANR SAVINGS FSB, a federally-
chartered savings bank, as successor in interest to Dominion
Federal Savings and Loan Association, Mortgagee, under those
certain two mortgages from Port William Limited Partnership, each
dated March 20, 1985 and each recorded on March 28, 1985, one in
Official Records Book 12458 at Page 3322 of the Public Records of
Dade County, Florida and the other in Official Records Book 12460
at Page 14 of the Public Records of Dade County, as modified and
further consolidated by that certain Consolidation, Restatement
and Assumption of First and Second Mortgages dated May 16, 1988
between Port William Limited Partnership, Port Sonata Associates
Limited Partnership and Dominion Federal Savings and Loan
Association recorded on May 18, 1989 in Official Records Book
13684 at Page 25 of the Public Records of Dade County, Florida,
securing a consolidated indebtedness in the amount of
$15,567,682.81 covering the property described in the foregoing
agreement, does hereby acknowledge that the terms of the
agreement are and shall be binding upon the undersigned and its
successors in title.
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' REC.
IN WITNESS WHEREOF, these presents have been executed
this 21st day of November 1990.
TRUSTBANK SAV_UIQS FSB
By:
Its:
mTCPA71, T)T'VT,T11
Signed and Sealed in the
.PreseNce of:
wit S
Witness
STATE OF VTRCTN1TA )
Ss
CnijVTr' nF r'r,IRFA`C )
The foregoing instrument was acknowledged before me
this 21st day of November , 1990, by 1*ICl'.11T1, OT:VLIM
Vice President of Trustbank Savings FSB, a federally-chartered
savings bank, on behalf of the bank.
�w•`My Commission Expires: t,,•�.Y 11 ••• gyp':
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Notary Public �.k?y
"rT2r`T1 ANVIF.T T)MIN S' ...........
3. ..
RECORDED IN 0")VAL"CC)RM loos
OF DADE COUNTY,FLORIDA.
RECORD VERIFIED
_ Clerk of Circuit&County <
-l a Courts
SC
Exhib it B
Human Resources
MIAMI-DADE Human Rights and Fair Employment Practices
111 NW 1It Street•21It FL
Miami, FL 33128
miamidade.gov T 305-375-2784 F 305-375-2114
August 3, 2022
Sent Via Email: mgrafton(abshutts.com
Mark E. Grafton, Esq.
Shutts & Bowen, LLP
200 South Biscayne Blvd., Suite 4100
Miami, FL 33131
Re: Imperial Club Declaration of Restrictions
Dear Mr. Grafton:
I am in receipt of your letter dated August 2, 2022, in which you request that the Miami-
Dade County Commission on Human Rights ("Commission") issue a statement about
certain information contained in the Imperial Club's Declaration of Restrictions
("Declaration"). Specifically, the Declaration states, in part, "No prospective resident ...
who shall receive federal subsidies for housing assistance will be permitted to occupy any
unit."
As you are aware, the Commission is responsible for enforcement of Chapter 11A of the
Miami-Dade County Code, as amended, ("Chapter 11K), the County's Human Rights
Ordinance, which is applicable in both unincorporated and incorporated Miami-Dade
County. Chapter 11A makes it unlawful for any person, owner, financial institution, real
estate broker, real estate agent or any representative of the above to discriminate
against a prospective buyer, renter, or lessee because of race, color, religion, ancestry,
national origin, age, sex, pregnancy, disability, marital status, familial status, gender
identity, gender expression, sexual orientation, source of income, or actual or perceived
status as a victim of domestic violence, dating violence or stalking. Chapter 11A defines
a person as "one (1) or more natural persons, individuals, employees, employers,
employment agencies, owners, businesses, government, government agencies,
government departments, unions, joint apprenticeship committees, firms,
associations, joint ventures, partnerships, estates, trusts, trustees, trustees in
bankruptcy, legal representative, mutual companies, joint-stock companies, receivers,
syndicates, fiduciaries, corporations, unincorporated organizations, and all other groups
or combinations." Chapter 11A further defines "source of income" as "the lawful, verifiable
income paid directly to a tenant or paid to a representative of a tenant, including, but not
limited to Section 8 Housing Choice Vouchers, Supplemental Security Income, Social
Security, pensions and other retirement benefits."
As such, it is our determination that if the provision of the Declaration described herein
were enforced to prohibit certain tenants from renting in a development based on their
source of income, then any person aggrieved by this unlawful housing practice, or our
office, could initiate a complaint to seek enforcement of Chapter 11A against the person
who violated the law either by filing a complaint with the Commission or filing a private
cause of action.
Please contact me at (305) 375-2784, or via e-mail at erin.new@miamidade.gov, should
you have any questions regarding this matter.
Sincerely,
Erin A. New, Division Director
Commission on Human Rights, Human Rights & Fair Employment
Human Resources Department
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klo
pp
Community Development Director
DATE: September 9, 2022
SUBJECT: Request by Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali
Properties, LLC and Kerrin Properties, LLC for Conditional Use
Approval for a Proposed Residential Development on Property
Located at 2785 NE 183 Street (CUP2207-0001)
September 13, 2022 City Commission Meeting Agenda Item 6
RECOMMENDATION
It is recommended that the City Commission approve the Conditional Use request for land
located at 2785 NE 183rd Street to facilitate development of a residential project by the
applicant.
THE REQUEST
The applicant, Brian S. Adler, Esq. on behalf of Tanglewood WIB, LLC; Tanglewood JAK,
LLC; Kimali Properties, LLC and Kerrin Properties, LLC, is requesting Conditional Use
approval 1) to permit a height of 26 stories for a multifamily residential building where 25
is allowed by right; 2) to permit a building in the RMF4 district to cast a shadow on a
property zoned for business; 3) to permit density of 56 units per acre where 45 units per
acre are allowed by right; and 4) to permit a floor area ratio (FAR) of 4.3 pursuant to the
City's Green Building Program. The applicant's Letter of Intent is attached as Exhibit #1
to this staff report.
BACKGROUND
OWNER OF PROPERTY: 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 east of NE 27th Avenue.
The applicant had two related applications approved by the City Commission on July 19,
2022, one for a re-designation of the Property on the City's Comprehensive Plan from
Business and Office to Medium-High Density Residential, and one to rezone the Property
from B2 to RMF4.
The proposed project will be a 26-story structure including a four-story pedestal consisting
of a lined and screened parking deck, a 15-foot-high lobby and three residential liner units.
Atop the pedestal sits an amenities and pool deck followed by 21 stories of residential
units in a uniquely designed curvilinear structure. 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 active green space with tennis courts and a swimming
pool.
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
2
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 183rd Street. There is also a public access
easement on the west side of the property that provides access to the property.
Standards for review found in Section 31-73 of the Land Development Regulations:
The following is staff's evaluation of the proposed use using the criteria for approval of
conditional uses found in Section 31-73(c) of the City's Land Development Regulations.
1. The proposed use shall be consistent with the Comprehensive Plan.
The proposed use is consistent with the City of Aventura Comprehensive Plan. The
future land use designation for this parcel will be Medium High Density Residential.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
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.
Biscayne Boulevard is within a very short walk of the site where this project is
proposed. Also, within walking distance from the proposed development are
numerous other residential towers of similar height and density. Finally, within
reasonable walking distance, and definitely within easy biking or shuttling distance, is
the Brightline and Future Coastal Link station. These factors, combined with the
requirement that Miami-Dade County has placed upon the municipalities to allow
additional density along the main transit corridors, such as Biscayne Boulevard,
3
contribute to the finding that the proposed development is consistent with the
community character of the immediate neighborhood.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided forin the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services exist at the City's adopted levels of service or will
be available concurrent with demand as provided for in the City's Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have been taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Ingress and
egress to the property are by way NE 183rd Street.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district. The applicant's construction of the
project could be a benefit to the community by encouraging redevelopment of other
locations in this vicinity.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use minimizes adverse effects, including visual impacts
of the proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria. The architectural design is
compatible with existing buildings in the area. The site is landscaped with Florida
friendly canopy trees and plantings.
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.
4
RECOMMENDED CONDITIONS OF APPROVAL
1. Building permits must be consistent with drawings as submitted on August 15,
2022 and listed in Exhibit 4, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans were reviewed under
Administrative Site Plan Approval regulations, the proposed RMF4 zoning
district regulations, and all other applicable regulations as provided within the
City of Aventura Land Development Regulations.
2. Mitigation of negative traffic impacts created by the proposed development, as
determined necessary by the full traffic study, following the methodology that
has been reviewed and approved by the City and its traffic engineer, subject to
the approval of the City Manager and Miami-Dade County.
3. Contribution toward the expansion of the City's Freebee circulator service (or
similar City sponsored transportation service) in the amount of$72,000 per year
for five (5)years with the first payment due before the issuance of the first permit
for the project or by September 30, 2023, whichever is earlier, with each of the
following annual payments due on the anniversary date of the first payment.
4. Payment of City residential impact fees associated with the development are
prior to permit issuance. The estimated City impact fees, based upon the plans
referenced above, total $143,636. Actual fees will be calculated at permit
issuance.
5. Prior to receiving permits for any permanent structure, obtain Miami-Dade
County Schools' issuance of a finding that School Concurrency has been met
and pay applicable School Impact Fees.
6. A ride sharing, valet, and transit accommodation plan acceptable to the
Community Development Director shall be provided prior to site plan approval.
7. A bicycle parking plan and bicycle storage accommodations acceptable to the
Community Development Director shall be provided prior to site plan approval.
5
DocuSign Envelope ID: DB871852-C25D-4460-836C-822A9DE49BE3
Exhibit i Bilzin Sumber
CUP2207-0001 g
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badlerabilzin.com
September 6, 2022
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Amended Letter of Intent - Application for Conditional Use Approval
2785 NE 183nd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Amended 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 for
conditional use approval as it relates to the proposed development on the Property.
A. The Property
The Property consists of approximately 1.55 net 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
and is ripe for redevelopment. We are pleased to present a proposed project to the City
MIAMI 9777199.1 100992/302121
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: DB871852-C25D-4460-836C-822A9DE49BE3
Mr.Keven Klopp
September 2022
Page Bilzin Sumberg
5
to transform this vacant 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 86 units,1 the residences
range from the two-bedroom units in the garage liner consisting of approximately 1,335
square feet, to an approximate 5,900 combined penthouse unit with three and four-
bedroom with den or five bedroom residences ranging from approximately 2,600 to 3,325
square feet, with the ability to combine other units into 5,900 square foot units.
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. Simultaneous Rezoning and Comprehensive Plan Amendments
As part of the proposed redevelopment of the Property, the Applicant has two
public hearing applications currently pending before the City of Aventura, one for a
re- designation of the Property on the City's Comprehensive Plan from Business and
Office to Medium-High Density Residential, and one to rezone the Property from B2 to
RMF4. Both items passed on first reading on June 14, 2022, and are scheduled for
second reading on July 12, 2022. We request this application to proceed simultaneously
with the second reading of the pending applications.
1 While the site plan reflects a total of 87 units,a minimum of two of the units will be combined into a single unit prior to permit.
The combination of units will be dependent on the particular buyer preferences,however,in no event shall the total density
exceed a maximum of 86 residential dwelling units.
MIAMI 9777199.1 100992/302121
DocuSign Envelope ID: DB871852-C25D-4460-836C-822A9DE49BE3
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September 2022
Page Bilzin Sumberg
5
As illustrated in the attached Tal Aventura Traffic Statement, submitted in
connection with for the pending applications, the traffic consultants, David Plummer &
Associates, illustrated how the proposed rezoning for 86 residential units produces 43 net
PM peak hour trips, compared to the immediate prior use, that consisted of a 21,837
square foot medical office development, produced 82 net PM peak hour trips and that a
modest medical office that could be built on the Property at only 43,800 square feet, which
could be built as of right without any variances, would produce 168 PM peak hour trips,
almost four times proposed as part of the current development Therefore, the proposed
use actually generates far less net PM peak hour trips than the immediate prior use and
a fraction of the trips permitted as of right under the current B2 zoning.
D. Proposed Development
Attached are conceptual plans for development that our client is presenting 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 26 story structure includes a four story pedestal consisting of a lined and
screened parking deck, a 15 foot high lobby and three residential liner units. Atop the
pedestal sits an amenities and pool deck followed by 21 stories of residential units in a
uniquely designed curvilinear structure. 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 and a
swimming pool and will provide attractive and serene views from all sides.
The RMF4 designation allows up to 93 dwelling units with conditional use approval.
The proposed development consists of 86 luxury units ranging from the three 1,335
square foot liner units, the 2,600 to 3,325 square foot three- to five- bedroom units and
the 5,900 square foot penthouse unit. In keeping with the market for luxury units, the
development proposes ten foot ceilings with the penthouses up to 5,900 square feet
featuring 11 foot ceilings, for an overall building height of 295 feet.
E. Requests
In order to develop this iconic new addition to the Aventura landscape, our client
is requesting conditional use approval in connection with the anticipated RMF4 zoning
designation. Our client is seeking Conditional Use Approval as follows:
(i) Conditional Use Approval per Section 31-143 (f)(2a)(b) to allow a maximum
height of 26 stories and 295 feet, where 25 stories and 250 feet is permitted
as-of-right, and 30 stories and 300 feet is permitted with conditional use
approval.
MIAMI 9777199.1 100992/302121
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September 2022
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(ii) Conditional Use Approval per Section 31-143 (f)(2a)(c) to allow a building
in the RMF4 district to cast a shadow2 cast a shadow upon a property
located within a business zoning district.
(iii) Conditional Use Approval per Section 33-143 (f)(2a)(d) to allow a density of
56 units per acre where 45 units per acre is permitted as-of-right and 60
units per acre is permitted with conditional use approval.
(iv) Conditional Use Approval per Section 33-143 (f)(2a)(f) related to green
buildings, to permit a floor area ratio (FAR) of 4.61 with a green building.
F. The Rezoning Meets the Standards Set Forth Under City Code Section 31-
73
In accordance with City of Aventura Code Section 31-73(c), the above requests
for conditional use approval meets the criteria for approval as described below:
1. The proposed use shall be consistent with the Comprehensive Plan.
Upon approval of the amendment to the City of Aventura's Comprehensive
Plan Future Land Use Map, the Property will be re-designated to medium-
high density residential. The proposed development is under 56 units per acre
and is consistent with the City Comprehensive Plan medium-high density
range which allows up to 60 dwelling units per gross acre, and which permits
medium- and high-rise apartments. Further, the development has been
designed such that the portion of the "L" shaped Property backing up to the
townhouses to the north (which are also designated RMF4 themselves), will
feature an attractive and green space with tennis courts, swimming pool and
serene views from all sides, with the larger portion of the developed Property
to be adjacent to adjacent other taller buildings. Therefore, appropriate
transitions and buffers with the surrounding neighborhood has been provided,
and the impacts of the proposed development are far less than the previous
use or the otherwise permitted use under the current comprehensive plan and
zoning designations.
2. The establishment, maintenance or operation of the proposed use shall not
be detrimental to or endanger the public health, safety, or general welfare.
The proposed use is a residential development consistent with other residential
developments in the area. As such, the development will be governed by a
condominium association to ensure the maintenance and operation of the use
will be in accordance with the City Code and similar to other residential
2 This letter assumes the re-lettering of Section 31-143(f)in connection with a proposed City of Aventura Ordinance amending
Section 31-143 related to conditional use approval for shadows cast on business zoning districts.
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developments. Additionally, as evidenced by the traffic study, the proposed will
generate less PM peak hour trips and therefore should improve traffic safety
over the prior or permitted use.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The rezoning of the Property is consistent and compatible with the zoning on
the surrounding areas and with the existing surrounding uses. The RMF4
designation abuts the Property to the east, north, and northeast, as well as the
properties directly across NE 183rd Street. The development is consistent with
community character of the residential condominiums in the immediate
neighborhood, many of which were built in the 1970's. For example,
Commodore Plaza development directly across from the Property was built in
1971, at approximately 30 stories with approximately 654 units on 8.69 acres
has a density of over 75 units per acre. Similarly, Admirals Port abutting the
Property to the east was built in 1974 and contains approximately 634 units for
a density of approximately 79 dwelling units per acre. Therefore, at under 56
dwelling units per acre and a total of 86 units, the proposed development is not
out of character with the immediate neighborhood.
4. Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
level of service, or will be available concurrent with demand as provided for in
the requirements of these LDRs.
Attached to this application is a traffic statement prepared by David Plummer
& Associates. The traffic statement illustrates that the roadway capacity will be
less impacted by the proposed development, than either of the immediate prior
development or the allowable as-of-right uses under the B2 district. Utilities,
drainage and other public facilities are addressed through the building permit
process to ensure compliance with the City Code and level of service
requirements.
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.
As noted above, and as illustrated by the attached traffic statement, the
proposed use represents a significant decrease in impact on the public streets,
with a minimal 43 net PM peak hour trips, a fraction of what is otherwise
permitted, under the B2 zoning district.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
MIAMI 9777199.1 100992/302121
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September 2022
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The surrounding properties are all developed and shall and thus development
of the Property in accordance with the conditional use approval will not impede
development of the already developed properties. Further, even if the adjacent
properties were vacant or to be redeveloped, the proposed development with
the conditional uses does not impede development of the surrounding
properties.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property for use of building
orientation, setbacks, buffers, landscaping and other design criteria.
As noted above, the proposed development has been carefully designed to
minimize impact on the adjacent properties. The proposed ground level
amenities area that backs up to the townhomes, features attractive green space
and other at grade amenities. The property frontage is landscaped to beautify
the street, and the unique design of the proposed is structure facilities the flow
of air and light. The angle of the proposed structure also has been specifically
designed to limit the impact on adjacent properties.
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 86 luxury condominium homes that are both
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 conditional use approval.
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,
-�2
Brian S. Adler
BSA/ea
MIAMI 9777199.1 100992/302121
Exhibit 2
CUP2207-0001
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Exhibit 3
CUP2207-0001
EXHIBIT A - Le2al Description
+/- 1.05 acre parcel at 2785 NE 183 Street, Arventura (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 OESGR(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, Miami—€3ade County, Florida, being more 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 last 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 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 90 degrees 00 minutes 00 seconds for an art distance of 31.42 feet to a point of tangency; thence South 0 degrees 45
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 the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281'82 feet thence North 88
degrees 54 rninutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in kdiami—Made 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, Florida, being more particularly described as follows:
Commence at the, Southwest earner 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 acid 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 1114.42 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 southwester€,, along said circular curve to the left, having a radius of 584.02 feet and a central angle of 19
degrees 49 minutes 56 seconds for on 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 right angles to, the South line of
the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of acid
Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miarni—bade County, Florida.
Containing 67.663 Square Feet or 1,55 Act-as more or less by calculations:.
EXHIBIT 4
CUP2207-0001
EXHIBIT "B"
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-143(F) OF THE CITY CODE OF
ORDINANCES, TO ALLOW: (1) A HEIGHT OF 26 STORIES AND 295
FEET FOR A MULTIFAMILY RESIDENTIAL BUILDING, WHERE THE
CITY CODE PERMITS 25 STORIES AND 250 FEET; (2) A BUILDING IN
THE RMF4 DISTRICT TO CAST A SHADOW UPON A PROPERTY
LOCATED WITHIN A BUSINESS ZONING DISTRICT; (3) A DENSITY OF
56 UNITS PER ACRE, WHERE THE CITY CODE PERMITS 45 UNITS
PER ACRE; AND (4) A CERTIFIED GREEN BUILDING WITH A FLOOR
AREA RATIO OF 4.3, WHERE THE CITY CODE PERMITS A FLOOR
AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785 NE
183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulations, Section 31-143(f) "Multifamily High Density Residential Districts
(RMF4)" of the City Code of Ordinances, the applicant, Brian S. Adler on behalf of
GOT183 LLC, has applied to the City of Aventura (the"City")for Conditional Use Approval
(Application No. CUP2207-0001) related to the development of a multi-family residential
project (the "development") located at 2785 NE 183 St, in the RMF4 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)b, the applicant has
requested Conditional Use Approval to permit a height of 26 stories and 295 feet for a
multifamily residential building where 25 stories and 250 feet is allowed by right; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)c, the applicant has
requested Conditional Use Approval for a building of 295 feet to cast a shadow upon a
property located within a business zoning district where City Code limits a building located
within a residential zoning district casting a shadow on an adjacent property to 100 feet
in height; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)d, the applicant has
requested Conditional Use Approval to allow a density of 56 units per acre, where City
Code permits 45 units per acre; and
WHEREAS, pursuant to City Code Section 31-143(f)(2a)e, the applicant has
requested Conditional Use Approval to allow a Certified Green Building with a floor area
ratio of 4.3, where the City Code permits a floor area ratio of 2.0; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
City of Aventura Resolution No. 2022-
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein, and
it is in the best interest of the City to grant the request for Conditional Use Approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The application for Conditional Use to allow: (1) a height of 26 stories
and 295 feet for a multifamily residential building, where the City Code permits 25 stories
and 250 feet; (2) a building in the RMF4 District to cast a shadow upon a property located
within a business zoning district; (3) a density of 56 units per acre, where the City Code
permits 45 units per acre; and (4) a certified green building with a floor area ratio of 4.3,
where the City Code permits a floor area ratio of 2.0 is hereby granted, subject to the
conditions set out in Section 3 of this Resolution.
Section 3. Approval of the application above is subject to the following
conditions-
1. Building Permits must be consistent with drawings as submitted on August 15,
2022 and listed in Exhibit B, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans were reviewed under
Administrative Site Plan Approval regulations, the proposed RMF4 zoning
district regulations, and all other applicable regulations as provided within the
City of Aventura Land Development Regulations.
2. Mitigation of negative traffic impacts created by the proposed development, as
determined necessary by the full traffic study, following the methodology that
has been reviewed and approved by the City and its traffic engineer, subject to
the approval of the City Manager and Miami-Dade County.
3. Contribution toward the expansion of the City's Freebee circulator service (or
similar City sponsored transportation service) in the amount of$72,000 per year
for five (5)years with the first payment due before the issuance of the first permit
for the project or by September 30, 2023, whichever is earlier, with each of the
following annual payments due on the anniversary date of the first payment.
4. Payment of City residential impact fees associated with the development prior
to permit issuance. The estimated City impact fees, based upon the plans
referenced above, total $143,636. Actual fees will be calculated at permit
issuance.
Page 2 of 7
City of Aventura Resolution No. 2022-
5. Prior to receiving a permit for any permanent structure, obtain Miami-Dade
County Schools' issuance of a finding that School Concurrency has been met
and pay applicable School Impact Fees.
6. A ride sharing, valet, and transit accommodation plan acceptable to the
Community Development Director shall be provided prior to site plan approval.
7. A bicycle parking plan and bicycle storage accommodations acceptable to the
Community Development Director shall be provided prior to site plan approval.
Section 4. The City Manager is authorized to issue permits in accordance with
the approvals and conditions herein provided and to indicate such approvals and
conditions upon the records of the City.
Section 5. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner 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 13th day of September, 2022.
Page 3 of 7
City of Aventura Resolution No. 2022-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 4 of 7
City of Aventura Resolution 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. LEGAL 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, Miami—bode 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 131.84 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 301.00 feet; thence South 69 degrees 13
minutes 08 seconds West, at right angles to the lost 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 90 degrees 00 minutes 00 seconds for an arc distance of 31.42 feet to a point of tangency, 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 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 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, 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 lost 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 584.02 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 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 or 1,55 Acres more or less by calculations.
Page 5 of 7
City of Aventura Resolution No. 2022-
EXHIBIT "B"
Plan Set Reference — Tal Aventura
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A-ZA6 Level M1-TypicalllesldentlalFloorPlan 3 o
A-299 Leftl22nd-25rN-iypriiiResidentlelFlaor Plan 4 a
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Page 6 of 7
City of Aventura Resolution No. 2022-
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Page 7 of 7
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: September 9, 2022
SUBJECT: Proposed Amendment to the Approval Process for an Alcoholic
Beverage Establishment Distance Waiver
[Chapter 4, Section 4-2, Subsections (a) and (b)]
September 13, 2022 First Reading City Commission Meeting Agenda Item 7A
October 3, 2022 Second Reading City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission-
1) Amend Chapter 4, Section 4-2, Subsection (a) and (b) to allow administrative
approval of applications for the sale or consumption of any alcoholic beverages.
The City Commission would retain the ability to approve such applications as a
conditional use in the event that administrative approval is not granted.
2) Allow the City Manager or his or her designee to review and approve applications
for permits allowing the sale of any alcoholic beverages consistent with the City of
Aventura Code of Ordinances.
BACKGROUND
At its meeting of April 6, 2021, the City Commission requested the City Manager, City
Attorney, and Community Development Department to investigate and bring forth an
amendment to streamline the approval process of on-site and off-site sales and
consumption of alcoholic beverage permits. The request was specifically to consider
eliminating the conditional use requirement described by Chapter 4, Section 4-2,
Subsection (a) and (b), by allowing an administrative review process. Pursuant to the
attached proposed ordinance, the City Manager or his or her designee would be
authorized to review and approve applications to permit the sale or consumption of any
alcoholic beverages in conformance with the City of Aventura Code of Ordinances.
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 4, "ALCOHOLIC BEVERAGES," SECTION 4-2, "LOCATION
OF ESTABLISHMENTS," OF THE CITY OF AVENTURA CODE OF
ORDINANCES TO PROVIDE FOR ADMINISTRATIVE REVIEW AND
APPROVAL OF ALCOHOLIC BEVERAGE PERMITS, AND APPEAL;
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, Section 562.45, Florida Statues, grants power to local governments
to approve the location of the sale and consumption of alcoholic beverages; and
WHEREAS, the City Commission desires to amend Chapter 4, Section 4-2,
"Location and establishments," to permit administrative review and approval of the sale
of alcoholic beverages permits for on and off premise consumption; and
WHEREAS, the City Commission finds that the proposed amendment is in the best
interest of the public and is consistent with the Comprehensive Plan.
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 ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
Section 2. City Code Amended. That Chapter 4 " Alcoholic Beverages,"
Section 4-2, "Location and establishments," of the City Code is hereby amended to read
as follows:
Chapter 4 —ALCOHOLIC BEVERAGES
Sec. 4-2. — Location of establishments.
Underlined provisions constitute proposed additions to existing text. Double underline text indicates
changes made between first and second reading.
City of Aventura Ordinance No. 2022-
(a) Distance from other establishments. Unless approved in writing by the City
Manager or designee as a conditional use, no premises shall be used for the sale
of any alcoholic beverages, as defined herein, to be consumed on or off the
premises where the structure or place of business intended for such use is located
less than 1,500 feet from a place of business having an existing, unabandoned,
legally established (and not one of the uses excepted from the spacing
requirements hereinafter provided) alcoholic beverage use which permits
consumption on or off the premises. The 1,500 feet distance requirements shall
be measured by following a straight line from the nearest portion of the structure
of the place of business.
(b) Distance from religious facility or school. Unless approved in writing by the City
Manager or designee, as a conditional use, no premises shall be used for the sale
of alcoholic beverages to be consumed on or off the premises where the structure
or place of business intended for such use is located less than 2,500 feet from a
religious facility or school. The 2,500-foot distance requirement shall be measured
and computed as follows-
(1) From a religious facility, the distance shall be measured by following a straight
line from the front door of the proposed place of business to the nearest point
of the religious facility grounds, and
(2) From a school, the distance shall be measured by following a straight line from
the front door of the proposed place of business to the nearest point of the
school grounds.
(k) Review by City Commission.
(1) Referral by City Manager or designee. If the City Manager or designee
determines that there is a substantial question regarding the interpretation of
this chapter as it applies to an application for the on or off premise sale of
alcoholic beverages, the City Manager or designee may refer the matter to
the City Commission for a determination. The City Commission shall make a
determination based on the criteria set forth in section 31-73 and conformity
with this chapter.
(2) Appeal of decision. Within twenty (20) days of issuance of a written notice by
the City Manager or designee made pursuant to this section, an applicant may
appeal the decision by filing a written notice of appeal with the City Clerk. The
notice of appeal shall state the decision that is being appealed, the grounds for
the appeal, and a brief summary of the relief that is being sought. Within sixty
(60) days of the filing of the appeal, the City Commission shall convene a public
hearing at which time they may affirm, modify, or reverse the decision of the
City Manager based on the criteria set forth in section 31-73 and conformity
with this chapter. The decision of the City Commission shall be in writing and
a copy of the decision shall be forwarded to the applicant.
Page 2 of 4
City of Aventura Ordinance No. 2022-
Section 3. SeverabilitV. 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.
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 3 of 4
City of Aventura Ordinance No. 2022-
PASSED on first reading this 13t" day of September, 2022.
PASSED AND ADOPTED on second reading this V day of October, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager `�'1)
BY- Robert Meyers, Office of the City Attorney'
DATE: September 9, 2022
SUBJECT: An Ordinance Amending the City Code to Revise the
Commencement of the Regular Terms of Elected Officials
September 13, 2022 1st Reading City Commission Meeting Agenda Item 7B
September 22, 2022 2nd Reading City Commission Special Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve an ordinance to change the
commencement date for the regular terms of office for the Mayor and Commissioners.
BACKGROUND
Section 101.75, Florida Statutes, expressly enables municipal term of office dates to be
changed by ordinance. Currently, City Code Section 26-32 sets the commencement of
the new term for members of the City Commission for the third day after the first Tuesday
following the first Monday in November for regular term elections. The City has historically
scheduled a standalone induction ceremony for the incoming Commission within two days
of the regular election, in order to enable the Mayor and Commissioners to take office on
the third day subsequent to the November election. However, due to the short window of
three days under the current law, revising the commencement of the regular mayoral and
commission terms of office to take effect eight(8) days after the election will afford greater
flexibility in scheduling the swearing-in ceremony to the benefit of the members-elect,
their families and the general public.
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
ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26
"ELECTIONS" OF THE CITY CODE BY AMENDING SECTION 26-32
"COMMENCEMENT OF TERM OF ELECTED OFFICIALS" TO REVISE
DATE OF COMMENCEMENT OF THE TERM OF OFFICE FOR
REGULAR TERMS OF THE MAYOR AND COMMISSIONERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 101.75, Florida Statutes, expressly enables municipal term
of office dates to be changed by ordinance; and
WHEREAS, the City desires to change the date of commencement of the term of
office for regular terms of the Mayor and Commissioners; and
WHEREAS, the City Commission deems it to be in the best interest of the City to
adopt this Ordinance amending Section 26-32 to revise the date of commencement of
the term of office for regular terms of the Mayor and Commissioners.
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 26 "Elections" of the City Code
is hereby amended by revising Section 26-32 "Commencement of term of elected
officials" to read as follows:
CHAPTER 26 — ELECTIONS
Section 26-32. Commencement of term of elected officials.
(a) The next regular term of office for Commission seats 1, 3, and 5, which expire on
November 8, 2012, shall commence on November 9, 2012 following the regular
election.
(b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor,
which expire on November 4, 2010, shall commence on November 5, 2010
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-
following the regular election.
(c) Except as provided in subsection (a) and (b) above, the term of office for the
regular terms of the Mayor and Commissioners shall commence upon the +ham
eighth 8 day after the first Tuesday following the first Monday in November
subsequent to the occurrence of the election to fill the next regular term of office
for the respective Mayoral or Commission seat.
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 Billy Joel
Commissioner Rachel S. Friedland
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-
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 this 13t" day of September, 2022.
PASSED AND ADOPTED on second reading this 22nd 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 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 8A
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
Founder's Park subject to the Policy; and
WHEREAS, the City Commission finds it to be in the best interests of the residents
of the City of Aventura to amend Section 33-1 of the City Code to further define the portion
of Founder's 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:'
Additions to text are shown in underline. Deletions to text are shown in stFik 9"
City of Aventura Ordinance No. 2022-
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. 1 Q4th S+� is hereby reestablished-
(1) All guests using the park shall be required to obtain and utilize a
guest pass or be accompanied by a resident at all times.
(2) The City Manager shall establish administrative procedures to
implement regulations regarding the use of the various types of
passes.
(3) Non-residents shall be permitted to use the park, amenities and
facilities on a space-available basis.
(4) The usage fees for non-residents is as follows:
Dail Pass: Adults $5.00
Children (17 and under) $3.00
Monthly Pass: Adults $100.00
Children 17 and under $ 60.00
Annual Pass: Adults $1,000.00
Children (17 and under) $ 500.00
(5) Non-resident fees shall not apply to all permitted activities for the
purpose of City-sponsored and approved special events, leagues
and activities.
(6) Non-resident fees shall be in addition to any user fees established
by the City.
(b) Usage fees for non-residents may be amended from time to time by the City
Commission after public hearing.
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 made a part
of the City of Aventura Code; that the sections of this Ordinance may be renumbered or
Page 2 of 4
City of Aventura Ordinance No. 2022-
relettered to accomplish such intentions; and that the "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 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 Rachel S. Friedland Yes
Commissioner Billy Joel 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 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 3 of 4
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 4
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 813
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 Friedland, 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 Rachel S. Friedland Yes
Commissioner Billy Joel 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 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 8C
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 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 Rachel S. Friedland Yes
Commissioner Billy Joel 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 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 8D
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 Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Friedland, and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel 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 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
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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
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