04-04-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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CITY COMMISSION
REGULAR MEETING AGENDA
April 4, 2023
6:00 p.m.
Aventura Government Center
Commission Chambers
City Commission
Mayor Howard S. Weinberg, Esq.
Vice Mayor Billy Joel
Commissioner Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
(REVISED 3/31/2023)
Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Employee Service Awards
• Aventura City of Excellence School Update
• Don Soffer Aventura High School Update
55. C O N S E N T AG E N D A: 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:
• March 7, 2023 City Commission Regular Meeting
• March 16, 2023 City Commission Regular Workshop
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO$7,518.55 FOR ARMORERLINK
PRODUCTS FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH
THE CITY MANAGER'S MEMORANDUM.
D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $11,821.30 FOR S.T.A.T.
MEDICAL DEVICES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE SPENDING PLAN APPROVED BY THE CITY COMMISSION AS DETAILED
IN RESOLUTION NO. 2022-15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO.
2022-62 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE
AMERICAN RESCUE PLAN ACT(ARPA); AUTHORIZING THE CITY MANAGER TO UTILIZE
RECOVERY FUNDS TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS &
RECREATION DEPARTMENT PROJECTS; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS:
Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or
comment upon an item,please inform the Mayor when public comments are requested.An opportunity for persons to speak on the
items will be made available after the applicant and staff have made their presentations on the items. All testimony, including
public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight.
The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the
organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
RESOLUTIONS/PUBLIC HEARINGS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN
RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED
AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN
EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING VARIANCES FROM SECTION 31-144(C)(5)(D) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT ASIDE-YARD SETBACK OF 10 FEET ALONG
THE NORTH AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE
REQUIRED BY CODE, AND FROM SECTION 31-144 (C)(5)(A)2 TO PERMIT AN INCREASE
IN THE LOT COVERAGE TO ALLOW 42.64% COVERAGE WHERE 40% IS PERMITTED
FOR THE PROPERTY LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN
EFFECTIVE DATE.
7. ORDINANCES — FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA
CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None.
9. RESOLUTION/PUBLIC INPUT:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS
FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING A BID/CONTRACT FOR BID NO. 23-02-27-3, FOUNDERS PARK SOUTH
FACILITY, TO BEJAR CONSTRUCTION AT THE BID PRICE OF $1,308,748.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS
Meeting dates, times, and location are subject to change. Please check the City's website for the most
current schedule. Meetings will be held at the City of Aventura Government Center (19200 West
Country Club Drive,Aventura).
COMMISSION REGULAR WORKSHOP—APRIL 20, 2023 AT 9 AM
COMMISSION REGULAR MEETING—MAY 2, 2023 AT 6 PM
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.
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CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: March 31, 2023
SUBJECT: Approval of Minutes
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached minutes, as provided
by the City Clerk, for the Commission meetings held in March.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• March 7, 2023 City Commission Regular Meeting
• March 16, 2023 City Commission Regular Workshop
Should you have any questions, please contact me.
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
MARCH 7, 2023
6:00 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6.02 p.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S.
Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner
Michael Stern, 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 the Aventura Police
Department Explorers (Post#497).
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Proclamation: Mayor Weinberg, accompanied by the City Commissioners,
Mr. Wasson, Mr. Meyers, and Mrs. Horvath, presented Commissioner Michael Stern with
a proclamation designating March 2023 as Colorectal Cancer Awareness Month.
• Special Recognitions: Chief Michael Bentolila presented plaques to Tint
Haus Customs, Community-Police Relations Foundation, and Strobes-R-Us in
recognition of their work on the new Police Department Slingshot vehicle. He also
recognized members of the Aventura Police Department Explorers (Post #497) in
attendance.
• Certificates of Appointment: Mr. Wasson presented Certificates of
Appointment to the newly appointed members of the Community Services Advisory Board
and the Don Soffer Aventura High School Advisory Board.
• Employee Service Awards: Mr. Wasson presented Police Officer Barbara
Arocha (20 years) and Human Resources Director Gladys Carcamo (10 years) with
recognition certificates and tokens of appreciation for the completion of milestone years
of service with the City.
Aventura City Commission Regular Meeting Minutes
March 7, 2023
• Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala
provided the school update.
• Don Soffer Aventura High School Update: Principal Dr. Geoff McKee
provided the school update, followed by a performance by the theatre students.
• Brightline Update: Brian Kronberg, VP Development — Brightline, provided
an update on the Aventura Brightline station.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
Items 5C and 5D were removed from the Consent Agenda by Mr. Wasson on behalf of
Commissioner Dr. Marks.
A motion to approve the remaining items on the Consent Agenda was offered by
Commissioner Friedland, seconded by Commissioner Kruss, and passed unanimously
by roll call vote. The following action was taken:
A. Minutes approved as follows:
• February 7, 2023 City Commission Regular Meeting
• February 16, 2023 City Commission Special Workshop
• February 23, 2023 City Commission Regular Workshop
B. Resolution No. 2023-12 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CO-
DESIGNATING NE 190th STREET FROM COUNTRY CLUB DRIVE TO THE ENTRANCE OF
THE HIDDEN BAY RESIDENTIAL COMMUNITY AS"HIDDEN BAY DRIVE"; DIRECTING THE
CITY CLERK TO SUBMIT THIS RESOLUTION TO MIAMI-DADE COUNTY; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Removed for discussion as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA
COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR
THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. Removed for discussion as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER
AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD
FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Minutes
March 7, 2023
E. Resolution No. 2023-15 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE EXTERIOR
REPAIRS FOR THE AVENTURA ARTS & CULTURAL CENTER FOR THE PRICE
CONTAINED IN EXHIBIT "A" ATTACHED; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS;AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 2023-16 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 AUDIO-VISUAL
EQUIPMENT TO UPGRADE THE COMMISSION CHAMBERS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2023-17 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF
CARRIER BRAND HVAC CHILLER UNITS LOCATED ON THE GOVERNMENT CENTER
ROOFTOP; AUTHORIZING THE MANAGER TO ACCESS A COOPERATIVE PURCHASING
AGREEMENT TO OBTAIN THE MOST COMPETITIVE PRICE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Item 5C: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA
COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR
THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Bloom.
Mr. Wasson provided a brief overview of the item appointing Bruce Davidson, Donna
Mairs, and Jesse Potack to the Community Services Advisory Board.
The City Commission recognized the following new members in attendance: Ms. Mairs
and Mr. Potack.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2023-13 was adopted.
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Aventura City Commission Regular Meeting Minutes
March 7, 2023
Item 51): Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER
AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD
FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Bloom.
Mr. Wasson provided a brief overview of the item appointing Clifford B. Ain and Nadine
M. Weltman Laham to the Don Soffer Aventura High School Advisory Board.
The City Commission recognized the following new member in attendance: Ms. Laham.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2023-14 was adopted.
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None.
7. ORDINANCES — FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION,
CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO
FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND
DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE
EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; 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 Kruss and
seconded by Commissioner Friedland.
Commissioner Kruss reviewed the item.
Mayor Weinberg opened the item for public comment. The following members of the
public provided comments: Marcelle Fischler (3370 NE 190 Street #2707, Aventura).
There being no additional comments, Mayor Weinberg closed the item for public input.
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Aventura City Commission Regular Meeting Minutes
March 7, 2023
The motion for approval of the Ordinance on second reading passed unanimously by roll
call vote and Ordinance No. 2023-03 was adopted.
Mrs. Horvath read the following Ordinance title-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144
"BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A
CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by
Commissioner Kruss.
Mr. Wasson reviewed the item.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on second reading passed unanimously by roll
call vote and Ordinance No. 2023-04 was adopted.
Mrs. Horvath read the following Ordinance title-
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233
"ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF
ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE
EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL
BUILDING; 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 Stern.
Mr. Wasson reviewed the item.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on second reading passed unanimously by roll
call vote and Ordinance No. 2023-05 was adopted.
Mrs. Horvath read the following Ordinance title-
D. CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA
CODE OF ORDINANCES BY CREATING CODE SECTION 14-3 "ANNUAL CERTIFICATION
OF STRUCTURAL MAINTENANCE,"AND AMENDING ARTICLE II OF CHAPTER 14 OF THE
CITY CODE BY CREATING CODE SECTION 14-32"PAINTING AND/OR WATERPROOFING
OF EXTERIOR BUILDING SURFACES REQUIRED;" PROVIDING FOR PENALTY;
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Aventura City Commission Regular Meeting Minutes
March 7, 2023
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by
Commissioner Stern.
Mr. Wasson reviewed the item.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on second reading passed unanimously by roll
call vote and Ordinance No. 2023-06 was adopted.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS: No reports were provided.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Marcelle Fischler (3370 NE 190 Street #2707, Aventura), Herb Oster (3370 NE 190tn
Street #2312, Aventura), Shaun Moss (3330 NE 190t" Street #TH17, Aventura), Sue
Sussman (21150 NE 38t"Avenue#1705, Aventura), Alicia Bolicini (3029 NE 188t" Street,
Aventura), Xiu Wang (3115 NE 184t" Street #4301, Aventura), Julie Bruno (20775 NE
32nd Place, Aventura), Todd Rubin (20281 E. Country Club Drive, Aventura), Jessica
Velasquez (No address provided), Rachel Moss (3330 NE 190t" Street#TH17, Aventura),
Debra Lee Kazam (3370 NE 190t" Street, Aventura), Jennifer Hoberman (3370 NE 190
Street, #904, Aventura), Alexandra Bohnet-Nunez (Nunez Tennis - 21399 Marina Cove
Circle, Aventura), Richard Kaufman (20936 Bay Court #326, Aventura), Drew Epstein
(3131 NE 188 St#PH1-1205, Aventura), and Margie Oster (3370 NE 190t" Street#2312,
Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Bloom, seconded by
Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 7:58
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on April 4, 2023.
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AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
MARCH 16, 2023
9:00 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at
9:04 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel,
Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A.
Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 Mayor Weinberg.
3. Presentation: State of the Aventura Arts & Cultural Center (City Manager):
Mr. Wasson introduced the item.
Jeff Kiltie, General Manager - Aventura Arts & Cultural Center, reviewed a presentation
titled Aventura Arts & Cultural Center Commission Presentation dated March 16, 2023
including the following items: Mission Statement, Objectives, Broward Center
Management, Celebrating 13 Years of Performances 2010-2023, Celebrating 13 Years
of Partner Success 2010-2023, Current Season to Date, 2022-2023 Season — Average
Attendance by Genre, Arts Ballet Theatre of Florida's Sensory Inclusive Nutcracker,
Aventura Arts &Cultural Center Demographics, Aventura Arts &Cultural Center Zip Code
Analysis, Marketing Highlights, Social Media Overview, Projected Performances &
Activity 2023-2024, and 2023-2024 Season Programming.
Matt McNeil, Vice President of Programming & Marketing - Broward Center for the
Performing Arts, provided comments on the ticketing process.
The City Commission discussed the item including rental costs, types of rentals,
Ticketmaster prices, additional revenue per ticket, and having a conversation in the future
regarding the resale of tickets.
City Manager Summary: This item was provided for informational purposes.
4. Food Freshness Dates (Commissioner Dr. Marks): Commissioner Dr. Marks
requested that the City educate the residents about food freshness dates at grocery
stores.
Aventura City Commission
Regular Workshop Minutes—March 16, 2023
The City Commission discussed the item focused on food at retail grocery stores.
Mr. Meyers provided comments on the rules/law regarding expiration dates on food.
City Manager Summary: It was the consensus of the City Commission for the
news letter/webs ite to include language informing residents about food freshness dates
focused on reminding residents to check the dates, to be reviewed by Commissioner Dr.
Marks.
5. Follow-up Discussion: Health Insurance for Elected Officials (City Manager):
Mr. Wasson explained that the item was placed on the agenda as a follow-up to a prior
discussion on the topic to allow the City to pay for health insurance premiums for elected
officials during their term(s) of office.
The City Commission discussed the item including insurance coverage being a standard
practice for elected officials in other municipalities.
Adrian Gonzalez, District Aide to Florida Representative Fabian Basabe, provided
comments on what state representatives received.
Mr. Meyers provided comments on the ability for elected officials to receive such a benefit,
since health insurance premiums were considered an exemption from the compensation
language and could be approved via resolution.
City Manager Summary: It was the consensus of the City Commission to proceed
with a Resolution on the April City Commission Meeting Agenda for the City to pay for
health insurance coverage for elected officials and to offer dependent coverage similar to
that offered to general employees.
6. Discussion: City Advisory Boards (City Manager): Mr. Wasson reviewed the
current advisory boards.
The City Commission reviewed the item including changing all member terms to two years
except for the Don Soffer Aventura High School Advisory Board, allowing the City
Manager to automatically remove a member after missing two meetings in a calendar
year without an excused absence, and allowing for alternates to be appointed.
Mr. Meyers clarified the changes.
City Manager Summary: It was the consensus of the City Commission to proceed
with an ordinance to standardize certain aspects of the advisory boards as discussed.
7. Discussion: Don Soffer Aventura High School Graduation Parade
(Commissioner Dr. Marks): Commissioner Dr. Marks reported on inquiries regarding a
parade for the first graduating class from the high school.
Mr. Wasson discussed the parade that was started during the COVID-19 pandemic for all
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Aventura City Commission
Regular Workshop Minutes—March 16, 2023
high school seniors within the City graduating during the pandemic and the decreased
attendance by the third year.
The City Commission discussed the item including the prior Commission ending the
parade based on low attendance, the safety issues related to a parade, and whether or
not a parade should be done for the first Soffer High School graduating class.
City Manager Summary: It was the consensus of the City Commission to continue
with the prior Commission's decision not to have a graduation car parade.
8. Discussion: Land Lease for Additional Space at Veterans Park (City
Manager): Mr. Wasson requested direction on land available through a long-term lease
from the Peninsula, to allow for a basketball court/soccer field at Veterans Park, with the
requests from the building including a dedicated entrance and usage time.
The City Commission discussed the item including the lease amount, finding out the
purchase price in lieu of a lease, cost to upgrade the land, and the programming to be
confirmed.
City Manager Summary: It was the consensus of the City Commission for the
City Manager to proceed.
9. Discussion: Approval of the American Rescue Plan Act (ARPA) Purchase of
Audio-Visual Upgrades and Lectern for the Executive Conference Room (City
Manager): Mr. Wasson reviewed the recommendation of the use of ARPA funds for
upgrades to the 5t" Floor Executive Conference Room.
The City Commission discussed the item focused on enhancing the audio visual
equipment and a lectern.
City Manager Summary: It was the consensus of the City Commission to
proceed.
10. Discussion: Drone Show (City Manager): Commissioner Stern discussed the
concept of a drone show and suggested that a test be done at the April movie night in
anticipation of using the drones as part of or in place of the annual Fireworks display.
Mr. Wasson provided information on the cost ranges. Mr. Meyers provided information on
another municipality's (Bal Harbour) use of the drones as part of their Fireworks display.
The City Commission discussed the item including the goal to possibly use the drone
show as a blended part of the Fireworks display in July.
City Manager Summary: It was the consensus of the City Commission to proceed
with the drone show demonstration at the April movie night.
11. Discussion: Condominium Ombudsman (Commissioner Dr. Marks):
Commissioner Dr. Marks discussed the emails received regarding condominium building
Page 3 of 4
Aventura City Commission
Regular Workshop Minutes—March 16, 2023
items and discussed the concept of an Ombudsman for people to be directed to for
various questions or to provide them with information on who to contact.
Mr. Wasson reported on the State Department of Business and Professional Regulation
(DBPR) offices available in Sunny Isles Beach and Fort Lauderdale and explained the
current process followed by the City.
The City Commission discussed the item including condo board elections, resident
concerns, re-certification, etc.
Mr. Meyers provided comments on the ability for a person to direct them to the appropriate
person.
City Manager Summary: It was the consensus of the City Commission to provide
information on the City's website, etc. with information on various referral entities to
contact for certain items.
12. Discussion: Founders Park South Proiect Bid (Pickleball and Tennis Courts)
(City Manager): Mr. Wasson distributed and reviewed information on the bids received
for the Founders Park South Facility (Bid No. 23-02-27-3) and recommended that the bid
be awarded to Bejar Construction, with a $400,000 grant to be applied to the cost of the
project.
City Manager Summary: It was the consensus of the City Commission to proceed
with a Resolution on the April 4t" City Commission Meeting Agenda awarding the bid to
Bejar Construction.
Mayor Weinberg explained the Commission Workshop process to those members of the
public in attendance and the opportunity for them to provide comments on the item at the
April 4, 2023 City Commission Meeting.
Mr. Wasson will meet with anyone wishing to review the design drawings prior to the April
meeting.
13. Adiournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 10:43 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on April 4, 2023.
Page 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: March 31, 2023
SUBJECT: Resolution Declaring Property as Surplus
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed of
in accordance with procedures established by the City Manager, so long as the property
has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03091-23
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to the
needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has
been declared surplus cannot be disposed of prior to the preparation and formal approval
of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The above recitals are hereby confirmed and adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency
or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 4t" day of April, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Polices,,/-;- '
DATE: March 31, 2023
SUBJECT: Surplus Property
I am requesting that the following listed items be declared surplus property, pursuant to
the City of Aventura Administrative Policy Directives and Procedures (Chapter 6,
Subsection 5, Pagel), as the property "has become obsolete, has outlived its usefulness,
has become inadequate for the public purposes for which it was intended, or is no longer
needed for public purposes:"
• Two Paintball Guns: 1 Spyder Victor and 1 Brass Eagle Avenger
• One SPA-SIMRAD Rifle Optic with Bag and Case (4-526)
• One Raytheon Palm IR 250 Handheld Thermal Optic (CS259666)
• Ten Self Contained Breathing Apparatus Masks and Cases
(0012, 0013, 0014, 0015, 0016, 0017, 0018, 0019, 0020, and 0001)
• Four Vehicles/One Trailer:
Unit 3034 - 2010 Ford Crown Vic (8039)
Unit 3077 - 2010 Ford Crown Vic (8043)
Unit 3061 - 2010 Ford Crown Vic (8041)
Unit 3575 - 2015 Chevy Tahoe (5403)
Unit 2276 - Haul Mark Trailer (4023)
Please contact me should you have any questions regarding the items or this request.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C4--
DATE: March 31, 2023
SUBJECT: Disbursement of Police Federal Forfeiture Funds
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the following motion to expend funds
from the Police Federal Forfeiture Funds:
"Motion authorizing the appropriation of up to $7,518.55 for Armorerl-ink products
from the Police Federal Forfeiture Funds in accordance with the City Manager's
Memorandum."
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03092-23
l
CITY OF AVENTURA
POLICE DEPARTMENT
INTER FFIC
TO: Ronald J. Wasson, City Manager
59
l
FROM: Michael Bentolila, Chief of Police
March 2 , 2023
DATE:
Use of Federal Forfeiture Funds
SUBJECT:
The Federal Equitable Sharing Agreement ( EA), Section 'lilll allows for the use of
federally forfeited funds for law enforcement. Section I , A9 of the Federal Equitable
Sharing agreement requires that the funds be expended only upon request of the Chief of
Police to the governing body of the municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of these monies for the
r,
purchase of:
Armorer Link ® Management system & annual subscription $3, 00
s
Hardware and asset labels (one-time cost) $3,718.55
SUMM
Armorer Link — ArmorerLink Asset Management System is a complete SaaS (patent
pending) solution for firearm tracking, training and maintenance. "track ammunition, in-
service training, work orders, firearm maintenance, and qualifications. `Crack all duty gear
and manage the shooting range.
This product will allow us to manage and track multiple assets throughout the agency, providing
us with better accuracy, re-order times, training along with any item we can assign an asset
tracker.
f
c
1
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C4--
DATE: March 31, 2023
SUBJECT: Disbursement of Police Federal Forfeiture Funds
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Police Federal Forfeiture Funds:
"Motion authorizing the appropriation of up to $11,821.30 for S.T.A.T. Medical
Devices from the Police Federal Forfeiture Funds in accordance with the City
Manager's Memorandum."
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03093-23
CITY OF AVENTURA
POLICE P T E T
INTER IC
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police
March 28, 202
AT
Use of Federal Forfeiture Funds
SUBJECT:
1
The Federal Equitable Sharing Agreement (F S ), Section VIII allows for the use of
federally forfeited funds for law enforcement. Section I , A9'of the Federal Equitable
Sharing agreement requires that the funds be upended only upon request of the Chief of
Police to the governing body of the municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of these monies for the
purchase of:
S.T.A.T. M&dical ®evicts ®XF®RCE Vehicle Kits $8,678
X ORCE Tourniquets w/ holster $3,143.30
SUMMM
t
S.T.A.T. Medical Devices®Each vehicle has a medical supply kit for Officers to use on the
public, fellow Officers or themselves. The majority of the items in our current kits have
expired. Items that have not expired will be salvaged and placed in our inventory and used
to replenish items that have been used on a scene.
The new tourniquets are a major advantage over our current inventory. They can be used
on small children and/or individuals of a small stature. They also have a self-counting time
strip letting rescue personnel know exactly how long the tourniquet has been in place. All
of our older model tourniquets will be re-purposed and staged in strategic locations around
the city that a mass casualty event may occur, requiring the use multiple stop the bleed
scenarios.
a
6
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz — Finance Director
DATE: March 31, 2023
SUBJECT: Revision of the American Rescue Plan Act (ARPA) Spending Plan for
the City's Community Development, Police, Public Works and Parks
& Recreation Departments
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission modify the ARPA spending plan that was
passed and adopted through Resolution No. 2022-15 on February 1, 2022 and amended
through Resolution No. 2022-33 on April 5, 2022 and Resolution No. 2022-62 on
November 1, 2022.
BACKGROUND
As part of the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury
launched the Coronavirus State and Local Fiscal Recovery Funds, which provides $350
billion in emergency funding for eligible state, local, territorial, and tribal governments.
The intent of these funds is to aid and assist eligible governmental entities in recovery
efforts resulting from the economic fallout of the COVID-19 pandemic.
The City of Aventura's allocation is $18,525,074. This funding covers all qualifying
expenditures on or after March 3, 2021. All funds must be obligated by December 31,
2024, and expended by December 31, 2026.
On February 1, 2022, the City Commission passed and adopted a resolution authorizing
the spending plan prepared by the City Manager.
On April 5, 2022 and November 1, 2022, the City Commission passed and adopted
resolutions authorizing the amendments prepared by the City Manager.
Below is a summary of the changes to the ARPA project plan by department:
Community Development Department
Building Department Renovation — requires a budget amendment of $10,000 due to an
expansion of the project area. The original plan was to renovate the front counter. The
amended plan adds in the working space behind the counter.
Total Community Development Department cost to be funded by the ARPA grant =
$10,000
Police Department
2 — Community Policing Vehicles — requires a budget amendment of $11,922 due to
higher than estimated costs on the Explorer's program van and outfitting costs (siren,
lights and decals).
Total Police Department cost to be funded by the ARPA grant = $11,922.
Parks & Recreation Department
Artificial Turf/Field Enhancement— requires a$743,118 budget amendment due to higher
than estimated project costs for materials and labor as well as contaminated soil
treatment procedures and monitoring. Additionally, a matching $400,000 grant from the
Florida Department of Environmental Protection will assist in offsetting the costs of this
project.
ADA Compliant Restrooms — Waterways Dog and Peace Park — requires a $15,343
budget amendment because we were unable to utilize a gravity feed into the force main.
The City needs to install an injector pump system to lead into the force main.
Total Parks & Recreation Department cost to be funded by the ARPA grant =
$758,461
FISCAL IMPACT:
If approved, these projects will be funded by the ARPA grant which would then be
allocated as follows:
City's total ARPA allocation $18,525,074
Spending Plan approved on 2/1/22 14,412,653
Spending Plan amendments on 4/5/2022 and 11/1/22 1,575,706
Additional project amounts as listed above 780,383
Total spending plan as of 03/2023 $16,768,742
Remaining ARPA funds to allocate $1,756,332
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED
BY THE CITY COMMISSION AS DETAILED IN RESOLUTION NO. 2022-
15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO. 2022-62
FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF
TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA),
AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS
TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS &
RECREATION DEPARTMENT PROJECTS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Division of Emergency Management (the
"Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of
Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of
$18,525,074 (the "Allocation") and disbursed the second installment in August 2022; and
WHEREAS, at the November 2, 2021 City Commission meeting, the Commission
passed a Resolution accepting the Allocation and approved the American Rescue Plan
Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and
WHEREAS, at the February 1, 2022 City Commission meeting, the Commission
approved a spending plan for a sizeable portion of the Allocation, with estimated costs for
each item, subject to revision and reprogramming, but not to exceed the total Allocation;
and
WHEREAS, at the April 5, 2022 and November 1, 2022 City Commission
meetings, the Commission approved an amended spending plan for a portion of the
Allocation, with estimated costs for each item, subject to revision and reprogramming, but
not to exceed the total Allocation; and
WHEREAS, the City Manager wishes to amend the Spending Plan to utilize funds
for projects attached hereto as Exhibit "A" in an amount which does not exceed the total
Allocation approved by the City Commission at the February, April and November
Commission meetings; and
WHEREAS, the City Commission finds that 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:
City of Aventura Resolution No. 2023-
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Amended Spending Plan Approved. That the City Commission
hereby approves the amended Spending Plan submitted by the City Manager, in
substantially the form attached hereto as Exhibit "A."
Section 3. Building Department Renovation Approved. That the City
Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to cover
the estimated costs of the Building Department renovation.
Section 4. Community Policing Vehicles Approved. That the City
Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to cover
the estimated costs of the vehicles.
Section 5. Artificial Turf/Field Enhancement Approved. That the City
Commission hereby directs the City Manager to utilize additional Fiscal Recovery Funds
to cover the estimated costs of the Artificial Turf/field enhancement at Founders and
Waterways Parks.
Section 6. ADA Compliant Restrooms — Waterways Dog and Peace Park
Approved. That the City Commission hereby directs the City Manager to utilize additional
Fiscal Recovery Funds to cover the estimated costs of the ADA Compliant Restrooms at
Waterways Dog and Peace Park.
Section 7. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution.
Section 8. Effective Date. That this Resolution shall take effect immediately
upon its passage and adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg, Esq.
Page 2 of 3
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 4t" day of April, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
City of Ave ntura
Amendment to Spending Plan for American Rescue Plan funding
April 2023
EXHIBIT A
Current Spending Plan- Estimated Cost as Amendment to
Department Description estimated cost* of 4/2023 project cost
Community Development Building department renovation $ 20,000 $ 30,000 $ 10,000
Police 2-Community Policing vehicles 95,000 106,922 11,922
Parks&Recreation Artificial Turf/field enhancement 3,600,000 4,343,118 743,118
Parks&Recreation ADA Compliant Restrooms-Waterways Dog and Peace Park 480,000 495,343 15,343
Total project increase for ARPA spending plan-April 2023 $ 780,383
Spending plan approved on February 1,2022 $ 14,412,653
Spending plan amendment approved on April 5,2022 $ 662,647
Spending plan amendment approved on November 1,2022 $ 913,059
Total Allocation Approved with Spending Plan as Amended $ 16,768,742
Total ARPA allocation $ 18,525,074
Remaining funds to allocate $ 1,756,332
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Keven R. Klopp, Community Development Director
DATE: March 31, 2023
SUBJECT: Request for Conditional Use Approval for Alcoholic Beverages
Proposed Aventura Food Hall - 2777 NE 185t" Street
(CUP2303-0001)
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the above-mentioned Conditional
Use application to allow sale and service of alcoholic beverages at indoor cocktail
bar/lounge areas within restaurants established at the proposed Aventura Food Hall
located at 2777 NE 185th Street, City of Aventura, subject to the following conditions-
1. This approval shall be granted exclusively to restaurants established within the
proposed Aventura Food Hall at 2777 NE 185t" Street, Aventura. The approval
may not be transferred to any other location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of
food within each restaurant. This does not preclude service of an alcoholic
beverage only, without food, as long as the establishment complies with the
food/beverage revenue percentages required by the State liquor license. The
kitchen shall be open and food shall be available for service at all times when
alcoholic beverages are being sold and served.
3. Customers will not be permitted to remove an individual glass of alcoholic
beverage nor any open alcoholic beverage container from the premises.
4. This approval is contingent upon the establishment and continued operation on
premises of at least one (1) anchor restaurant with more than 2,500 square feet of
floor space and seating accommodations for service of 150 or more patrons at
tables, including seats at an indoor bar or counter at which full course meals are
available, if applicable.
5. Each individual restaurant shall obtain an alcoholic beverage license from the
State of Florida and begin sales and service of alcoholic beverages within (12)
months of the zoning approval granted by the City or such approval shall be
deemed null and void.
6. Each individual restaurant shall comply with the hours of operation allowed for bars
and cocktail lounges selling alcoholic beverages for consumption on premises
pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 am
and 1.00 am the following day.
7. Each individual restaurant shall conduct Responsible Vendor Training pursuant to
Florida Statutes to ensure that no sales are made to underage customers or to
customers who may have been over-served at other establishments.
8. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community.
THE REQUEST
The applicant, Aventura Corporate Center LLLP, is requesting conditional use approval
to sell and serve alcoholic beverages at indoor cocktail bar/lounge areas within the
restaurants established at the proposed Aventura Food Hall located at 2777 NE 185th
Street, City of Aventura, notwithstanding the distance and spacing requirements for sale
and service of alcoholic beverages in Sections 4-2(a) and (b)of the City Code (See Exhibit
#1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Aventura Corporate Center LLLP
APPLICANT Aventura Corporate Center LLLP
ADDRESS OF PROPERTY 2777 NE 185t" Street (See Exhibit #2 for
Location Map).
LEGAL DESCRIPTION Lot 2, Block 1, Aventura Walgreens Subdivision,
according to the plat thereof, as recorded in Plat
Book 157, Page 43, of the Public records of
Miami-Dade County, Florida.
Zoning —
Subject Property B2 - Community Business
Properties to the North TC1 — Town Center District
Properties to the South B2 - Community Business
Properties to the East RMF4 — Multi-family High Density Residential
B2 - Community Business
Properties to the West B2 - Community Business
2
Existing Land Use —
Subject Property Vacant Land
Properties to the North Town Center
Properties to the South Business and Office
Properties to the East Multi-family Residential
Hotel
Properties to the West Retail
Future Land Use —
Subject Property Business and Office
Properties to the North Town Center
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
The Site — The Aventura Food Hall is proposed to be located at 2777 NE 185 Street,
adjacent to the upcoming Port Aventura Hotel and Residences to the East; Walgreens
and Wildfork to the West; NE 187 Street to the north; and NE 185 Street to the south, as
shown on Exhibit #3.
The Project —Aventura Food Hall's intent is to create a venue that will provide alternate
sources of entertainment and dining to local residents, visitors, and hotel guests alike.
The open plan offers pedestrian access by way of an interior driveway and sidewalk along
NE 185 St. The establishment will offer covered drop-off areas for ride sharing services
on NE 185 St. and a second-floor parking garage accessible via the interior driveway.
The proposal includes a three-story development featuring rooftop and ground level
restaurants with 15,307 square feet of indoor dining spaces and 14,124 square feet of
exterior covered dining areas in Phase I. Phase II of the project will increase the under-
AC dining to 16,191 square feet and the exterior under-roof areas to 17,153 square feet,
for a total dining area of 34,144 square feet. Sales and service of alcoholic beverages is
proposed at the indoor and outdoor tables and at the indoor bar/lounge areas.
Restaurants and lounges are permitted uses in the B2 Community Business district.
ANALYSIS
Sales and service of alcoholic beverages are permitted by Code at the tables inside the
restaurants and at the tables in the outdoor areas; however, sales and service of alcohol
at the indoor bar/lounge areas requires conditional use approval due to the distance and
spacing requirements of Chapter 4 of the City Code as detailed in the "Community
Development Department Analysis" below.
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This establishment is located within property with
a Business and Office land use designation.
3
Community Development Department Analysis—Chapter 4 of the City Code regulates
the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain
spacing and location requirements applicable to businesses selling alcoholic beverages.
The Code provides that, unless first approved as a conditional use, no premises shall be
used for the sale of alcoholic beverages to be consumed on or off premises unless it is
located at least 1,500 feet from a place of business having an existing liquor license (and
not one of the uses listed as an exception in the City Code from the spacing requirements)
and 2,500 feet from a religious facility or school.
Section 4-2(e) of the City Code allows certain exceptions from this conditional use
requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full
course meals, prepared daily on the premises, are one of the exceptions provided by this
Code section. Cocktail lounges-bars in restaurants are also an exception to the
conditional use approval requirement, provided that the restaurant has 150 or more indoor
seats at tables, including indoor bars or counters at which full course meals are available
and provided that the restaurant has more than 2,500 square feet of floor space.
The indoor seating areas within the site total 15,307 square feet; however, conditional
use approval is required for the applicant's proposed sale and service of alcoholic
beverages at the cocktail lounge-bar areas because the layout of the venue does not
satisfy the minimum amount of seating and indoor square footage needed, individually,
for them to be approved administratively.
A liquor survey is required to show spacing and distance to other non-exempt
establishments with an existing alcoholic beverage license and to religious facilities and
schools. The applicant has submitted the liquor survey attached as Exhibit#4. The survey
reveals fourteen (14) establishments with an alcoholic beverage use within 2,000 feet. In
addition, the survey identifies two (2) religious facilities within 3,000 feet.
NOTICE OF PUBLIC HEARING
Notice of this public hearing has been published, posted and mailed in accordance with
Section 31- 71(e) of the City Code. The Community Development Department has
received no citizen comments as of the date of writing of this report.
4
EXHIBIT#1
Bilzin Sumberg
Brian S.Adler
305-350-2351
Fax 305-351-2206
badler@bilzin.com
March 13, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Letter of Intent
Applications for Public Hearing for Conditional Use and Variances
Property Located at 2777 NE 185th Street, Aventura, Florida,
Folio 28-2203-059-0020 (the "Property")
Dear Mr. Klopp:
Our firm represents Aventura Corporate Center, LLLP in connection with the proposed
development of the Property. Cabi Aventura, GP, Inc., the General Partner of Aventura Corporate
Center, LLLP, has been part of the fabric of Aventura for decades and is excited to present this
application to the City for approval. Please consider this our letter of intent in connection with our
client's request for a conditional use approval and for certain variances as described below for
the proposed development on the Property.
A. The Property
The Property consists of approximately 63,000 square feet of land located fronting on NE
185th Street to NE 187th Street, east of Biscayne Boulevard. However, the Property is part of a
recorded Covenant in Lieu of Unity of Title that combines the Property for zoning purposes with
the Walgreens located at 18665 Biscayne Boulevard and the Wild Fork (formerly Pier 1) located
at 18673 Biscayne Boulevard (collectively, the "Overall Property").
The Overall Property is designated Business and Office on the City of Aventura (the"City")
Comprehensive Plan Future Land Use Map and is zoned B2 under the City of Aventura Zoning
Map.
The Property has been the subject of various prior City development approvals for office
and/or hotel but has not been developed at this juncture. The Property has an active approval for
an office building. However, the Owner seeks to modify the proposed development to provide a
restaurant entertainment venue with a possible retail component that will activate the area and
serve as a logical venue to benefit the proposed new residential development to the east of the
Property, as well as the existing residential community surrounding the Property.
MIAMI 10235020.6 83390/302969
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
Keven
Kiop
March 13, 2 C� Bilzin Sumberg
March 13, 2023
Page 2
B. Proposed Development.
Attached for your review is the proposed Aventura Food Hall site plan set. The intent is
to create a venue accessible by local residents, visitors, hotel guests, pedestrians, and share
riding facilities. As reflected on the plan set, two phases are being proposed. The first is
represented by sheets AO-00 through A9-07 and the second phase, which includes additional
floor area on the rooftop, is represented by sheets AO-01A, A1-04A, and A-05A as well as
references to "Phase ll" throughout the architectural sheets. Phase II will only be realized if an
agreement for an additional 15 parking spaces is reached with a neighboring property. The plans
reflect the zoning requirements for restaurant use since it is more intense than retail use which
requires less parking; but as the project program is refined and tenants commit some of the
spaces marked "restaurant" on the plans may be converted to retail units.
The Property is currently approved for an approximate 120,000 square foot ten-story office
building. In lieu of the approved development, Aventura Corporate Center proposes a venue that
will serve as a focal point for indoor and outdoor dining and entertainment, with a development
that follows more urban design than the approved office building. Rather than the ten story office
building, the development proposes a more modest three-story uniquely designed venue featuring
a rooftop and entertainment restaurant atop of the parking garage as well as ground level
restaurants and retail space for a total of 43,640 square feet in floor area or a total of 45,925
square feet in floor area for Phase II. The proposed development features a drop-off area on the
south side to accommodate the City's Freebee ride sharing service as well as a drop-off area to
accommodate Uber or Lyft riders. The upper roof area will feature a large green area and the
ground floor is intended to activate the street with reduced setbacks to take advantage of the
proximity to the drop-off area in the event of inclement weather.
The proposed uses are permitted under Section 31-144(c)(1)(w). Conditional use approval
is required due to the venue's proximity to religious facilities and other alcohol service
establishments.
The proposed use will serve as a benefit to the overall surrounding community, by
providing alternate sources of entertainment and dining in this location. The Property is in close
proximity to Williams Island and numerous other nearby venues which support access to the
Property via alternative forms of transportation, including pedestrian, bicycle, and rideshare
options. Additionally, the three-story development features an attractive design, incorporating
landscape throughout its design elements, a curvilinear fagade, with free-flowing air and light and
to highlight South Florida's ability to have year-round outdoor dining while affording protection
from the elements in inclement weather.
C. Requests
As part of the development, our client is requesting (1) variances to allow (a) a relaxation
of the setbacks to 10 feet along the north and south property lines, where 20 feet are required
pursuant to Code Section 31-144(c)(5)d, as well as (b) a very modest increase in the lot coverage
to allow 42.64% where 40% is required pursuant to 31-144(c)(5)a.2; and (2) a conditional use
approval to permit restaurants selling alcoholic beverages.
MIAMI 10235020.6 83390/302969
Keven
Klop
March 13, 2 C> Bilzin Sumberg
March 13, 2023
Page 3
1. Variances
Relaxation of the setbacks in relation to the drop off area along the north (NE 187th Street)
and south (NE 185th Street) would allow the covered area of the structure closer to the vehicle
drop off area and help address concerns regarding inclement weather. The increased lot
coverage would also address inclement weather concerns. As illustrated on the attached site
plan, the ground floor will consist of a high ceiling open air development with internal landscaping,
but with protection from the elements to create a more useable space. The covered area, while
serving an important function, does count toward lot coverage. Therefore, a variance from the lot
coverage requirements to allow open air covered seating and circulation is being requested.
Both requested variances comply with the standards of review pursuant to Section 31-
76(e), as follows-
(i) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and includes frontages along two roadways. It is also
encumbered by a Covenant in Lieu of Unity of Title that ties the development to the parcel to the
west, on which Walgreens and Wild Fork are located and historic site conditions limit the potential
redevelopment. Further, there are historic site conditions that favor increased lot coverage on the
site. These conditions result in a hardship which make it difficult to comply with the zoning
regulations if carried out literally, specifically setbacks and lot coverage. The proposed setbacks
for the garage portion of the building allow additional overhead coverage for the drop-off area and
the service areas which will address the unpredictable South Florida weather. Similarly, the
increase in lot coverage will allow the project to provide covered areas for circulation and dining.
(ii) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
Due to the Property's irregular shape, the basis for the requested variance is unique to the parcel
and is not generally applicable to other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the
LDR.
The proposed use as a retail and restaurant venue is consistent with the land development
regulations and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the decreased
setbacks and the increase in lot coverage will allow protection to the public from inclement
weather. Additionally, the two requested variances will not be injurious to other parcels in the
MIAMI 10235020.6 83390/302969
Keven Klopp
March 13, 2023 C4 Bilzin Sumberg
Page 4
vicinity as the deviations will be unperceivable from neighboring properties and will allow the
building to be constructed at a lower height than if the variances were not granted.
(v) The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The granting of the proposed variances will decrease the congestion in the public streets as
compared to the currently approved plan. Additionally, they will not increase the danger of fire, or
endanger the public safety or substantially diminish or impair property values within the vicinity.
2. Conditional Use
Pursuant to the City of Aventura code Section 31-73(c), the proposed development meets
the seven enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use
Designation of the Property is Business and Office. Business and Office uses contemplate
restaurants and retail establishments as proposed.
(ii) 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 sale of beer and wine will not be detrimental to or endanger the public health, safety
or general welfare of the community. There are numerous other establishments located within the
vicinity and the City that similarly sell beer and wine with their serviced meals. The proposed use
is not anticipated to create any additional disturbance or impact on the neighboring community.
On the contrary, the proposed use provides a unique venue accessible by local residents, visitors,
hotel guests, pedestrians and others.
(iii) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The surrounding neighborhood is comprised of other commercial uses, including a Walgreens
and Wild Fork within the same block. The proposed use is consistent with surrounding community
character.
(iv) Utilities, roadway capacity, drainage, and other necessary public facilities including
police, fire and emergency services shall exist at the City's Adopted Levels of
Service, or will be available concurrent with demand as provided for in the
requirement of these LDRs.
Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire
and emergency services exist at the City's Adopted Levels of Service, or will be available
concurrent with demand.
MIAMI 10235020.6 83390/302969
Keven
March 13, 2 C> Bilzin Sumberg
March 13, 2023
Page 5
(v) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The proposed plan includes a drop off lane to allow cars, ride sharing and Freebee drop off of
patrons. The internal roadway behind Walgreens which has been used as a cut through is also
addressed as part of the proposed development.
(vi) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The proposed alcohol use will not impede the development of surrounding properties for uses
permitted in the zoning district.
(vii) The design of the proposed use shall minimize adverse effects including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed alcohol use will be contained within the Property and properly buffered visually
from surrounding uses. The architectural design of the building is visually interesting.
D. Conclusion
The proposed development will serve as a logical transition between the approved high-
rise hotel and residential development to the East and the one story Walgreens and Wild Fork
fronting on Biscayne Boulevard. The proposed three-story interactive use will help activate this
historically vacant parcel, will serve as an attractive focal point at this prominent intersection, while
providing additional fine dining and entertainment options for Aventura residents.
Thank you for your review of the foregoing request. If you have any questions or wish to
discuss the above, please do not hesitate to contact me at (305) 350-2351.
Very truly yours,
/Jim/Rff c>, AGl&-
Brian S. Adler
MIAMI 10235020.6 83390/302969
EXHIBIT #2
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CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES
AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN
RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA
FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property at 2777 NE 185 Street, legally described in Exhibit "A",
is zoned B2, Community Business District; and
WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application
No. CUP2303-0001 ("Application"), is requesting Conditional Use approval to permit the
sale and service of alcoholic beverages at a cocktail lounge/bar area within restaurants
(the "Restaurants") established at the proposed Aventura Food Hall located at 2777 NE
185th Street, City of Aventura; and
WHEREAS, following proper notice, the City Commission held a quasi-judicial
public hearing as provided by law to review the application; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Application for Conditional Use approval to allow the sale and
service of alcoholic beverages at cocktail lounge/bar areas within restaurants established
at the proposed Aventura Food Hall located at 2777 NE 185t" Street, City of Aventura,
legally described in "Exhibit A"to this resolution, is hereby granted subject to the following
conditions-
1. This approval shall be granted exclusively to restaurants established within the
proposed Aventura Food Hall at 2777 NE 185th Street, Aventura, and may not be
transferred to any other location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of food
within each restaurant. This does not preclude service of an alcoholic beverage only,
without food, as long as the establishment complies with the food/beverage revenue
percentages required by the State liquor license. The kitchen shall be open and food
City of Aventura Resolution No. 2023-
shall be available for service at all times when alcoholic beverages are being sold and
served.
3. Customers will not be permitted to remove an individual serving of alcoholic beverage
nor any open alcoholic beverage container from the premises.
4. This approval is contingent upon the establishment and continued operation on
premises of at least one (1) anchor restaurant with more than 2,500 square feet of
floor space and seating accommodations for service of 150 or more patrons at tables,
including seats at an indoor bar or counter at which full course meals are available, if
applicable.
5. Each individual restaurant shall obtain an alcoholic beverage license from the State
of Florida and begin sales and service of alcoholic beverages within (12) months of
the Zoning approval granted by the City or such approval shall be deemed null and
void.
6. Each individual restaurant shall comply with the hours of operation allowed to bars
and cocktail lounges for sale of alcoholic beverages for consumption on premises
pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 a.m.
and 1.00 a.m. the following day.
7. Each individual restaurant shall conduct Responsible Vendor Training pursuant to
Florida Statutes to ensure that no sales are made to underage customers or to
customers who may have been over-served at other establishments.
8. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community.
Section 2. The City Manager is authorized to issue permits in accordance with the
approvals and conditions herein provided and to indicate such approvals and conditions
upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
Page 2 of 4
City of Aventura Resolution No. 2023-
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 4t" day of April, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-
EXHIBIT "A"
Legal Description
PARCEL B:
Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat
Book 157, Page 43, of the Public Records of Miami-Dade County, Florida.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson City Manager
BY: Keven R. Klopp, Community Development Director
DATE: March 31, 2023
SUBJECT: Request for Approval of Variances for Decreased Side Yard Setbacks
and Increased Lot Coverage
Proposed Aventura Food Hall - 2777 NE 185t" Street
(VAR2303-0001)
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the request to allow a side-yard
setback of 10 feet (10') along the north and south property lines, where LDR Section 31-
144(c)(5)(d) requires a 20 feet (20') street side-yard setback, and to permit an increase
in the lot coverage to allow 42.64% coverage where 40% is permitted by Section 31-
144(c)(5)(a)2 on the Property.
THE REQUEST
The applicant, Aventura Corporate Center LLLP, is requesting variances from Section 31-
144(C)(5)(D) of the LDRs to allow a street side-yard setback of 10 feet (10') along the
north and south property lines and variance from Section 31-144 (C)(5)(A)2 to permit an
increase in the lot coverage to allow 42.64% coverage where 40% is permitted (See
Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Aventura Corporate Center LLLP
APPLICANT Aventura Corporate Center LLLP
ADDRESS OF PROPERTY 2777 NE 185t" Street (See Exhibit #2 for
Location Map).
SIZE OF PROPERTY Approximately 1.44 acres
LEGAL DESCRIPTION Lot 2, Block 1, Aventura Walgreens Subdivision,
according to the plat thereof, as recorded in Plat
Book 157, Page 43, of the Public records of
Miami-Dade County, Florida.
Zoning —
Subject Property B2 - Community Business
Properties to the North TC1 — Town Center District
Properties to the South B2 - Community Business
Properties to the East RMF4 — Multi-family High Density Residential
B2 - Community Business
Properties to the West B2 - Community Business
Existing Land Use —
Subject Property Vacant Land
Properties to the North Town Center
Properties to the South Business and Office
Properties to the East Multi-family Residential
Hotel
Properties to the West Retail
Future Land Use —
Subject Property Business and Office
Properties to the North Town Center
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
The Site —The subject site is a 1.44 acre parcel adjacent to the upcoming Port Aventura
Hotel and Residences to the East; Walgreens and Wildfork to the West; 187t" Street to
the North; and 185t" Street to the South, as shown on Exhibit #3.
The Project — The applicant has applied for administrative site plan review approval for
construction of a food hall with the intent to create a venue that will provide alternate
sources of entertainment and dining, featuring an open plan with extensive outdoor
seating areas, covered drop-off areas for ride sharing services on 185t" Street and a
second-floor parking garage accessible via the interior driveway. The applicant is
requesting relaxation of the setbacks in relation to the garage side setback along the north
2
(NE 187th Street) and to allow the covered area of the structure closer to the vehicle drop
off area along the south (NE 185th Street) and help address concerns regarding
inclement weather. The covered area counts toward lot coverage; therefore, a variance
from the lot coverage requirements to allow open air covered seating and circulation is
being requested.
Site plan review is currently underway by City staff. With the exception of the requested
variances, the site plan meets all other site development criteria of the Community
Business District (B2) and applicable sections of the City's LDRs.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This establishment is located within property with
a Business and Office land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis — The Property is located in the B2,
Community Business district. Restaurants and lounges are permitted uses in this district.
The applicant is requesting variances for setbacks and lot coverage for the establishment
of a food hall featuring restaurants and lounging areas.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulations state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The applicant advises that the property's irregular shape and frontages along two
roadways, together with historic site conditions, limit the potential for redevelopment.
These conditions result in hardship which make it difficult to comply with the zoning
regulations regarding setbacks and lot coverage.
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
3
Due to the property's irregular shape, the basis for the requested variances are unique to
this site and are not applicable to other locations.
(3) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent
with the LDRs.
The applicant's difficulty or hardship is not economic in nature and has not been
deliberately created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
decreased setbacks and the increase in lot coverage will allow protection to the public
from inclement weather. Additionally, the two requested variances will not be injurious to
other parcels in the vicinity as the deviations will be unperceivable from neighboring
properties and will allow the building to be constructed at a lower height than if the
variances were not granted.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
The Property has an active approval for an office building. However, the Owner seeks to
modify the proposed development to provide a restaurant entertainment venue with a
possible retail component that will activate the area and serve as a logical venue to benefit
the proposed new residential development to the east of the Property, as well as the
existing residential community surrounding the Property. The granting of the proposed
variances will decrease the congestion in the public streets as compared to the currently
approved plan. Additionally, they will not increase the danger of fire, or endanger the
public safety or substantially diminish or impair property values within the vicinity.
It is recommended that the request for variances be granted subject to the following
conditions:
CONDITIONS
Plans shall substantially comply with those submitted as follows-
1- Architectural Plans
■ "Aventura Food Hall", Architectural Plans, Sheet AO-00, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
4
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A5-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
5
■ "Aventura Food Hall", Architectural Plans, Sheet A9-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-06, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-07, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A1-04A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
2- Civil Plans
■ "Aventura Food Hall", Civil Plans, Sheet C100, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023.
■ "Aventura Food Hall", Civil Plans, Sheet C101, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C102, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C103, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C104, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
6
■ "Aventura Food Hall", Civil Plans, Sheet C105, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C106, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C107, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C108, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C109, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C110, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
3- Landscape Plans
■ "Aventura Food Hall", Landscape Plans, Sheet LO-00, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
7
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
8
EXHIBIT#1
Bilzin Sumberg
Brian S.Adler
305-350-2351
Fax 305-351-2206
badler@bilzin.com
March 13, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Letter of Intent
Applications for Public Hearing for Conditional Use and Variances
Property Located at 2777 NE 185th Street, Aventura, Florida,
Folio 28-2203-059-0020 (the "Property")
Dear Mr. Klopp:
Our firm represents Aventura Corporate Center, LLLP in connection with the proposed
development of the Property. Cabi Aventura, GP, Inc., the General Partner of Aventura Corporate
Center, LLLP, has been part of the fabric of Aventura for decades and is excited to present this
application to the City for approval. Please consider this our letter of intent in connection with our
client's request for a conditional use approval and for certain variances as described below for
the proposed development on the Property.
A. The Property
The Property consists of approximately 63,000 square feet of land located fronting on NE
185th Street to NE 187th Street, east of Biscayne Boulevard. However, the Property is part of a
recorded Covenant in Lieu of Unity of Title that combines the Property for zoning purposes with
the Walgreens located at 18665 Biscayne Boulevard and the Wild Fork (formerly Pier 1) located
at 18673 Biscayne Boulevard (collectively, the "Overall Property").
The Overall Property is designated Business and Office on the City of Aventura (the"City")
Comprehensive Plan Future Land Use Map and is zoned B2 under the City of Aventura Zoning
Map.
The Property has been the subject of various prior City development approvals for office
and/or hotel but has not been developed at this juncture. The Property has an active approval for
an office building. However, the Owner seeks to modify the proposed development to provide a
restaurant entertainment venue with a possible retail component that will activate the area and
serve as a logical venue to benefit the proposed new residential development to the east of the
Property, as well as the existing residential community surrounding the Property.
MIAMI 10235020.6 83390/302969
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
Keven
Kiop
March 13, 2 C� Bilzin Sumberg
March 13, 2023
Page 2
B. Proposed Development.
Attached for your review is the proposed Aventura Food Hall site plan set. The intent is
to create a venue accessible by local residents, visitors, hotel guests, pedestrians, and share
riding facilities. As reflected on the plan set, two phases are being proposed. The first is
represented by sheets AO-00 through A9-07 and the second phase, which includes additional
floor area on the rooftop, is represented by sheets AO-01A, A1-04A, and A-05A as well as
references to "Phase ll" throughout the architectural sheets. Phase II will only be realized if an
agreement for an additional 15 parking spaces is reached with a neighboring property. The plans
reflect the zoning requirements for restaurant use since it is more intense than retail use which
requires less parking; but as the project program is refined and tenants commit some of the
spaces marked "restaurant" on the plans may be converted to retail units.
The Property is currently approved for an approximate 120,000 square foot ten-story office
building. In lieu of the approved development, Aventura Corporate Center proposes a venue that
will serve as a focal point for indoor and outdoor dining and entertainment, with a development
that follows more urban design than the approved office building. Rather than the ten story office
building, the development proposes a more modest three-story uniquely designed venue featuring
a rooftop and entertainment restaurant atop of the parking garage as well as ground level
restaurants and retail space for a total of 43,640 square feet in floor area or a total of 45,925
square feet in floor area for Phase II. The proposed development features a drop-off area on the
south side to accommodate the City's Freebee ride sharing service as well as a drop-off area to
accommodate Uber or Lyft riders. The upper roof area will feature a large green area and the
ground floor is intended to activate the street with reduced setbacks to take advantage of the
proximity to the drop-off area in the event of inclement weather.
The proposed uses are permitted under Section 31-144(c)(1)(w). Conditional use approval
is required due to the venue's proximity to religious facilities and other alcohol service
establishments.
The proposed use will serve as a benefit to the overall surrounding community, by
providing alternate sources of entertainment and dining in this location. The Property is in close
proximity to Williams Island and numerous other nearby venues which support access to the
Property via alternative forms of transportation, including pedestrian, bicycle, and rideshare
options. Additionally, the three-story development features an attractive design, incorporating
landscape throughout its design elements, a curvilinear fagade, with free-flowing air and light and
to highlight South Florida's ability to have year-round outdoor dining while affording protection
from the elements in inclement weather.
C. Requests
As part of the development, our client is requesting (1) variances to allow (a) a relaxation
of the setbacks to 10 feet along the north and south property lines, where 20 feet are required
pursuant to Code Section 31-144(c)(5)d, as well as (b) a very modest increase in the lot coverage
to allow 42.64% where 40% is required pursuant to 31-144(c)(5)a.2; and (2) a conditional use
approval to permit restaurants selling alcoholic beverages.
MIAMI 10235020.6 83390/302969
Keven
Klop
March 13, 2 C> Bilzin Sumberg
March 13, 2023
Page 3
1. Variances
Relaxation of the setbacks in relation to the drop off area along the north (NE 187th Street)
and south (NE 185th Street) would allow the covered area of the structure closer to the vehicle
drop off area and help address concerns regarding inclement weather. The increased lot
coverage would also address inclement weather concerns. As illustrated on the attached site
plan, the ground floor will consist of a high ceiling open air development with internal landscaping,
but with protection from the elements to create a more useable space. The covered area, while
serving an important function, does count toward lot coverage. Therefore, a variance from the lot
coverage requirements to allow open air covered seating and circulation is being requested.
Both requested variances comply with the standards of review pursuant to Section 31-
76(e), as follows-
(i) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and includes frontages along two roadways. It is also
encumbered by a Covenant in Lieu of Unity of Title that ties the development to the parcel to the
west, on which Walgreens and Wild Fork are located and historic site conditions limit the potential
redevelopment. Further, there are historic site conditions that favor increased lot coverage on the
site. These conditions result in a hardship which make it difficult to comply with the zoning
regulations if carried out literally, specifically setbacks and lot coverage. The proposed setbacks
for the garage portion of the building allow additional overhead coverage for the drop-off area and
the service areas which will address the unpredictable South Florida weather. Similarly, the
increase in lot coverage will allow the project to provide covered areas for circulation and dining.
(ii) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
Due to the Property's irregular shape, the basis for the requested variance is unique to the parcel
and is not generally applicable to other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the
LDR.
The proposed use as a retail and restaurant venue is consistent with the land development
regulations and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the decreased
setbacks and the increase in lot coverage will allow protection to the public from inclement
weather. Additionally, the two requested variances will not be injurious to other parcels in the
MIAMI 10235020.6 83390/302969
Keven Klopp
March 13, 2023 C4 Bilzin Sumberg
Page 4
vicinity as the deviations will be unperceivable from neighboring properties and will allow the
building to be constructed at a lower height than if the variances were not granted.
(v) The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The granting of the proposed variances will decrease the congestion in the public streets as
compared to the currently approved plan. Additionally, they will not increase the danger of fire, or
endanger the public safety or substantially diminish or impair property values within the vicinity.
2. Conditional Use
Pursuant to the City of Aventura code Section 31-73(c), the proposed development meets
the seven enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use
Designation of the Property is Business and Office. Business and Office uses contemplate
restaurants and retail establishments as proposed.
(ii) 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 sale of beer and wine will not be detrimental to or endanger the public health, safety
or general welfare of the community. There are numerous other establishments located within the
vicinity and the City that similarly sell beer and wine with their serviced meals. The proposed use
is not anticipated to create any additional disturbance or impact on the neighboring community.
On the contrary, the proposed use provides a unique venue accessible by local residents, visitors,
hotel guests, pedestrians and others.
(iii) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The surrounding neighborhood is comprised of other commercial uses, including a Walgreens
and Wild Fork within the same block. The proposed use is consistent with surrounding community
character.
(iv) Utilities, roadway capacity, drainage, and other necessary public facilities including
police, fire and emergency services shall exist at the City's Adopted Levels of
Service, or will be available concurrent with demand as provided for in the
requirement of these LDRs.
Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire
and emergency services exist at the City's Adopted Levels of Service, or will be available
concurrent with demand.
MIAMI 10235020.6 83390/302969
Keven
March 13, 2 C> Bilzin Sumberg
March 13, 2023
Page 5
(v) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The proposed plan includes a drop off lane to allow cars, ride sharing and Freebee drop off of
patrons. The internal roadway behind Walgreens which has been used as a cut through is also
addressed as part of the proposed development.
(vi) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The proposed alcohol use will not impede the development of surrounding properties for uses
permitted in the zoning district.
(vii) The design of the proposed use shall minimize adverse effects including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed alcohol use will be contained within the Property and properly buffered visually
from surrounding uses. The architectural design of the building is visually interesting.
D. Conclusion
The proposed development will serve as a logical transition between the approved high-
rise hotel and residential development to the East and the one story Walgreens and Wild Fork
fronting on Biscayne Boulevard. The proposed three-story interactive use will help activate this
historically vacant parcel, will serve as an attractive focal point at this prominent intersection, while
providing additional fine dining and entertainment options for Aventura residents.
Thank you for your review of the foregoing request. If you have any questions or wish to
discuss the above, please do not hesitate to contact me at (305) 350-2351.
Very truly yours,
/Jim/Rff c>, AGl&-
Brian S. Adler
MIAMI 10235020.6 83390/302969
EXHIBIT #2
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ONE
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-
144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A SIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH
AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE
REQUIRED BY CODE, AND FROM SECTION 31-144(C)(5)(A)2 TO
PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64%
COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY
LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned B2, Community
Business District; and
WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application
No. VAR2303-0001("Application"), is requesting a variance from Section 31-144(c)(5)(d)
of the City Code to permit a side-yard setback of 10 feet along the north and south
property lines, where setbacks of 20 feet are required by code, and from section 31-144
(c)(5)(a)2 to permit an increase in the lot coverage to allow 42.64% coverage where 40%
is permitted; and
WHEREAS, following proper notice, the City Commission held a public hearing as
provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Application for Variances from Section 31-144(c)(5)(d) of the City
Code to permit a side-yard setback of 10 feet along the north and south property lines,
where the City Code requires a 20-foot side yard setback, and Section 31-144(c)(5)(a)2
of the City Code to permit an increase in the lot coverage to allow 42.64% coverage where
40% is permitted by Code on property legally described in Exhibit "A" to this Resolution
and known as municipal address 2777 NE 185 Street, City of Aventura, is hereby granted
subject to the following conditions:
City of Aventura Resolution No. 2023-
1. Plans submitted for building permit shall substantially comply with those submitted as
follows:
■ "Aventura Food Hall", Architectural Plans, Sheet AO-00, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet Al-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A2-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A3-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
Page 2 of 7
City of Aventura Resolution No. 2023-
■ "Aventura Food Hall", Architectural Plans, Sheet A5-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-01, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-02, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-03, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-04, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-05, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-06, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A9-07, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-01A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet A1-04A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Architectural Plans, Sheet AO-05A, prepared by
Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on
03/13/2023.
■ "Aventura Food Hall", Civil Plans, Sheet C100, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023.
■ "Aventura Food Hall", Civil Plans, Sheet C101, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C102, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C103, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
Page 3 of 7
City of Aventura Resolution No. 2023-
■ "Aventura Food Hall", Civil Plans, Sheet C104, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C105, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C106, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C107, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C108, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C109, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Civil Plans, Sheet C110, prepared by Fortin, Leavy,
Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on
03/13/2023
■ "Aventura Food Hall", Landscape Plans, Sheet LO-00, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet LO-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
Page 4 of 7
City of Aventura Resolution No. 2023-
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-01, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-02, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-03, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-04, prepared by Design
House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on
03/13/2023.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
after which this approval shall be deemed null and void. The City Commission may, upon
written request for such extension by the applicant within the initial 12-month approval
period, grant one extension of up to six months by resolution or motion at a regular
meeting, for good cause shown by the applicant.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
Page 5 of 7
City of Aventura Resolution No. 2023-
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 4t" day of April, 2023.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 6 of 7
City of Aventura Resolution No. 2023-
EXHIBIT "A"
Legal Description
PARCEL B:
Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat
Book 157, Page 43, of the Public Records of Miami-Dade County, Florida.
Page 7 of 7
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- March 31, 2023
SUBJECT- Ordinance Amending the City Code to Create More
Uniformity Among City Advisory Board Regulations
April 4, 2023 City Commission Meeting Agenda (First Reading)
May 2, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve amendments to the advisory board
sections of the City Code to standardize some of the regulations for all advisory boards.
BACKGROUND
The City's advisory boards are found in Chapter 2, Article III, of the City Code and include
the Community Services Advisory Board, the Arts and Cultural Center Advisory Board,
the Art in Public Places Advisory Board and the Don Soffer Aventura High School
Advisory Board. The City recognizes the value of receiving input from advisory boards
and appreciates the commitment from those who are willing to serve the community by
sitting on these boards. As the needs of the City changes, advisory boards were created
to assist the City Commission and City Manager in the decision-making process and to
rely on advice from its boards to take action in the best interest of the City.
It should be noted that the above advisory boards were created at different times during
the City's history, and up until now, the City's focus was on the establishment of specific
boards, as opposed to developing a framework for all City advisory boards.
At the March 16t" City Commission Workshop, the City Manager presented an analysis
of the four boards, identifying some of the differences among the boards. As a result, the
City Commission determined that it is in the best interest of the City to create as much
uniformity as possible with respect to advisory board regulations. Consequently, the City
Commission wishes to have one standard across all four boards in the areas of
appointment and removal. Furthermore, this Ordinance authorizes the City Manager to
appoint alternate members to each board depending on the needs of the board.
Fiscal Impact
This item will have no impact on the City's budget.
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS"
OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE
MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, Florida (the "City") finds
it periodically necessary to amend its Code of Ordinances (the "City Code") in order to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, the City Commission desires to amend Chapter 2 "Administration,"
Article III "Advisory Boards" of the City Code to provide more uniformity among the four
advisory boards: (1) Community Services Advisory Board; (2) Arts and Cultural Center
Advisory Board; (3) Art in Public Places Advisory Board; and (4) Don Soffer Aventura
High School Advisory Board; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Chapter 2 "Administration," Article III
"Advisory Boards" of the City Code of Ordinances is hereby amended as follows-1
Chapter 2 —Administration
Article III — Advisory Boards
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
Division 2. — Community Services Advisory Board
Sec. 2-121. — Creation, composition and qualifications.
(a) There is hereby created and established the City of Aventura Community Services
Advisory Board (the "Board") consisting of seven members who shall be appointed
by the Mayor, subject to the approval of the City Commission. Notwithstanding the
above, the City Manager is authorized to appoint alternate members upon the finding
of such a need. Members of the Board shall be appointed in accordance with
procedures established by the City Commission and shall hold office at the pleasure
of the City Commission. Members of the Board shall serve without compensation
and shall not be reimbursed for travel, mileage, or per diem expenses.
(c) In the event that a member of the Board has two unexcused absences in a calendar
year, then in that event such member shall be s, bjent to remodel automatically be
removed as a member of the Board by the City Manager as a member of the Board
by dote of two thirds of ��emoinino members of the Room! The City Manager or
py--�vcc-vrc-vr� i-a�--vr cn-rva.-ro--err
his designee shall provide neGessary staff support r� Rued. An excused
absence shall be requested in writing via email, fax or letter prior to the Board
meeting.
Sec. 2-122. — Term of office.
Board Members shall serve for a term nfr one two-year term and may be reappointed in
accordance with the process outlined herein.
Division 5. —Arts and Cultural Center Advisory Board
Page 2 of 8
City of Aventura Ordinance No. 2023-
Sec. 2-191. — Creation, composition and qualifications.
A-.Jp) There is hereby created and established the City of Aventura Arts and Cultural
Center Advisory Board (the "Board") consisting of a minimum of seven and a
maximum of nine members who shall be appointed by the Mayor, subject to the
approval of the City Commission. Five members of the Board shall be residents of
the City and the remaining members may be from within or outside the City limits.
Notwithstanding the above, the City Manager is authorized to appoint alternate
members upon the finding of such a need. Members of the Board shall be appointed
in accordance with procedures established herein and shall hold office at the
pleasure of the City Commission. Members of the Board shall serve without
compensation and shall not be reimbursed for travel, mileage, or per diem
expenses. Members shall serve for a two-year term and may be reappointed in
accordance with the process outlined herein.
B-.Lb) The following matters shall affect the creation, composition and qualifications of the
Board-
(i) Each one of the five resident members of the Board shall be a qualified elector
of the City of Aventura who has continuously resided within the City for the six-
month period immediately prior to the appointment, and shall not be an
employee of the City. Any member of the Board who ceases to reside within the
City, and has been selected as a resident appointment shall be deemed to have
resigned as of the date of his or her change of residence.
(ii) The remaining members shall be selected without preference to residence, but
shall have resided at their residence for a continuous period of six months
immediately prior to appointment.
(iii) In the event of the resignation or removal of any member of the Board, the
Mayor shall appoint a person to fill the vacancy on such Board for the unexpired
Page 3 of 8
City of Aventura Ordinance No. 2023-
portion of the term of the member vacating such office, subject to approval of
the City Commission in accordance with procedures established herein.
C=Lc) In the event that a member of the Board shall be absent and unexcused from a duly-
called meeting of the Board for three two GenseGUtive meetings in a calendar year,
then in that event such member shall automatically be removed as a member of the
Board by the City Manager. An excused absence shall be requested in writing via
email, fax or letter prior to the Board meeting.
Sec. 2-192. -Appointment of Board Members process.
A-.Jp) Individuals wishing to be a member of the Arts and Cultural Center Advisory Board
shall make application to the City Manager on the forms provided by the City. The
City Manager shall interview all applicants and make recommendation to the Mayor.
The Mayor shall appoint to the Board members from the list of applicants
recommended by the City Manager, subject to the approval of the City Commission.
B-.Lb) In recommending members of the Board, the following guidelines shall be
considered-
(i) The membership of this Board should be representative of the broad spectrum of
the arts and have specific experience and a strong commitment to performing arts
including music, dance, the dramatic arts, the visual arts and the cultural arts.
(ii) All efforts should be made for the membership of this Board to be representative
of all age groups.
Sec. 2-194. - Rules of procedure; quorum.
A-.Jpl The Board shall adopt rules of procedure not inconsistent with the ordinances of the
City and the laws of the State of Florida and shall utilize Robert's Rules of Order
recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B-.Lb) During the first meeting of the Board and annually thereafter, the members shall
elect one of their members to act as Chairperson and may elect a Vice-Chairperson,
both of whom shall serve for one year and may be re-elected.
Page 4 of 8
City of Aventura Ordinance No. 2023-
C=Lc)Four members shall constitute a quorum for the transaction of business of the Board.
Official action shall be taken by the Board only upon the concurring vote of a majority
of the members present at an official meeting of the Board.
Sec. 2-195. - Mission; jurisdiction and duties.
A-.Jp) The Mission of the Board is to assist the City in maintaining a facility that offers a
wide range of quality entertainment year-round and cultivates partnerships with
other local and regional organizations to enhance the quality of life for Aventura by
providing a variety of performing arts and relevant cultural programming for
audiences of all ages.
B-.Lb)The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in
the form of a written recommendation of advice to the City Manager and/or Arts and
Cultural Center General Manager. The following matters shall be within the advisory
jurisdiction of the Board:
(I i) Promote the mission of the Arts and Cultural Center and broad spectrum of
performing arts.
(2ii) Provide input on programming options as requested by the City Manager and
Arts and Cultural Center General Manager. Final programming decisions shall rest
with the Arts and Cultural Center General Manager.
Recommend fundraising and sponsorship opportunities and assist with the
implementation of same to support the Center's operations and programming. The
Board may accept donations on behalf of the Center in a manner as approved by
the City Manager.
(4i_v) Review policies and regulations as requested by the City Manager and Arts
and Cultural Center General Manager as it relates to the Arts and Cultural Center.
(5v_) Assist in the promotion of the Arts and Cultural Center programs and assist in
organizing the annual "Curtains Up" event.
C=Lc) The Board shall meet quarterly or more frequently as determined by the City
Manager.
Division 6. —Art in Public Places Advisory Board
Page 5 of 8
City of Aventura Ordinance No. 2023-
Sec. 2-201. — Creation, composition and qualifications.
(a) There is hereby created and established the City of Aventura Art in Public Places
Advisory Board (the "Board") consisting of five members that are residents of the
City and appointed by the Mayor, subject to the approval of the City Commission.
Notwithstanding the above, the City Manager is authorized to appoint alternate
members upon the finding of such a need. The members of the Board shall be
appointed in accordance with procedures established herein and shall hold office at
the pleasure of the City Commission. Members of the Board shall serve on the Board
without compensation and shall not be reimbursed for travel, mileage, or per diem
expenses as to Board service. The members shall serve for a two-year term and
may be reappointed in accordance with the process outlined herein.
(c) In the event that a member of the Board shall be absent and unexcused from a duly-
called meeting of the Board for three two GenseGUtiVe meetings in a calendar year,
then, in that event, such member shall automatically be removed as a member of the
Board by the City Manager. An excused absence shall be requested in writing via
email, fax or letter prior to the Board meeting.
Division 8. — Don Soffer Aventura High School Advisory Board
Sec. 2-218. — Creation, composition and qualifications.
(a) There is hereby created and established the Don Soffer Aventura High School
Advisory Board (the "Board") consisting of seven members as follows-
(1) Non-voting members. The City Manager, or his/her designee, and the Principal of
the Don Soffer Aventura High School, or his/her designee, shall serve as ex officio,
non-voting members.
(2) Voting members. Three individuals who shall be residents of Aventura shall be
appointed to the Board by the Mayor subject to approval of the City Commission
for a two year term. Two members of the Board shall consist of parents of those
students enrolled in the Don Soffer Aventura High School who are selected by the
Page 6 of 8
City of Aventura Ordinance No. 2023-
parents of the High School students, for appointment by the Mayor, subject to
approval of the City Commission, for a one year term commencing September 1
and expiring on August 31 of the following year. Notwithstanding the above, the
City Manager is authorized to appoint alternate members upon the finding of such
a need.
(d) In the event that a member of the Board shall be absent from a duly-called meeting of
the Board for three-two 2 GenseGUtiVe meetings in a calendar year or in the o„on+
that a member has two unevnUsed absennes in a six menth pe then, 'n that event.,
such member shall automatically be removed as a member of the Board by the City
Manager. An excused absence shall be requested in writing via email, fax or letter
prior to the Board meeting.
2-219. - Process for appointment of board members.
(a) Individuals wishing to be a member of the Board as to the three resident positions
described in section 2-218 above, shall make application to the City Manager on the
forms provided for by the City. The City Commission shall in+er„iew all applinants prier
to the elentien of s��nh Board members
cra.ccrvTrvraa cn�vara-rrrcrrrvcrr.
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
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Page 7 of 8
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by who moved its adoption
on first reading. The motion was seconded by and upon being put to a vote,
the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
PASSED on first reading this 4th day of April, 2023.
PASSED AND ADOPTED on second reading this 2nd day of May, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 8 of 8
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Managers~_
BY- Robert Meyers, Office of the City Attorney
DATE: March 31, 2023
SUBJECT: Authorizing the City to Pay Group Health Insurance Premiums Limited
to Members of the City Commission While in Office
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve a resolution to pay applicable
health insurance premiums for elected officials who participate in the City's Group Health
Insurance Plan, as long as the Commission member remains in office, and provides
members of the City Commission to pay the applicable health insurance premiums and
coverage deductibles for eligible dependents of elected officials who enroll in the plan.
BACKGROUND
The City Commission enacted Resolution No. 2017-54 to give City Commission members
the choice to enroll themselves and their eligible dependents into the City's Group Health
Insurance Plan at no cost to the City. Given the skyrocketing costs of health insurance
and the costs associated with healthcare in general in the six years since the
abovementioned Resolution was adopted, staff conducted a survey of other South Florida
local governments to learn more about the salary and benefits offered to local elected
officials. The survey revealed that a majority of local governments not only grant elected
officials access to the government's group health insurance plan, but also pay the health
insurance premiums.
Health insurance is a necessity, not a luxury, and access to a group health insurance plan
may result in lower premiums and better coverage for those who have access to such a
plan. Covering the costs of the insurance premiums for elected officials, who devote
countless hours to City business with little compensation, is fair and reasonable and
consistent with the benefits other local elected officials receive from their governments.
For eligible dependents of the City's elected officials, they may participate in the insurance
and all applicable premiums and other costs in connection to the City's health insurance
plan shall be paid by the participating elected officials.
Fiscal Impact
This item will have a limited impact on the City's budget as a result of the City covering
the health insurance premiums for participating City Commission members.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY
APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED
OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Resolution No. 2017-54 authorized each member of the City
Commission to join the City's Group Health Insurance Plan ("Health Plan") provided that
any elected official who joins the Health Plan must personally pay all insurance premiums
and coverage deductibles for such elected official and their eligible dependents; and
WHEREAS, health care insurance costs continue to escalate, affordable health
insurance is considered a necessity, and participation in a group health insurance plan
offers individuals an opportunity to pay lower premiums and receive better coverage; and
WHEREAS, a survey of South Florida municipalities indicates that the pay and
benefits packages offered to elected officials generally includes coverage of their health
insurance premiums; and
WHEREAS, the City Commission authorizes the City Manager to pay Health Plan
insurance premiums solely for the members of the City Commission limited to the official's
term(s) in office; and
WHEREAS, the City will assume no cost for the insurance premiums and coverage
deductibles for eligible dependents of elected officials who enroll in the plan, except the
City will provide the same offset of insurance premiums for such dependents identical to
the offset available to dependents of City employees; and
WHEREAS, the City Commission finds that this Resolution conforms with all
applicable laws, enhances health, safety and welfare, and is in the best interest of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Adopted. That the above-stated recitals are hereby
confirmed and adopted.
Section 2. Participation. That each elected official who chooses to join the
Health Plan will have his/her applicable health insurance premiums paid for by the City
and may remain in the Health Plan for so long as the elected official serves on the City
City of Aventura Resolution No. 2023-
Commission. Further, the payment of all applicable insurance premiums and coverage
deductibles for eligible dependents are the primary responsibility of the elected official,
with the understanding that the City will make the same contribution to offset the costs of
the premiums for dependents of elected officials as it does for dependents of City
employees.
Section 3. Implementation. That the City Manager is hereby authorized to take
any action which is necessary to implement this Resolution.
Section 4. Effective Date. That 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 4th day of April, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Antonio F. Tomei, Capital Projects Manager
DATE: March 31, 2023
SUBJECT: Awarding Bid No: 23-02-27-3 — Founders Park South Facility
to Bejar Construction
April 4, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 23-02-27-3, Founders Park South Facility, to the lowest responsible and
responsive bidder, Bejar Construction, for the price of $1,308,748.00. This project will
be funded by Budget Line Item Number 101-8050-861.63-07.
BACKGROUND
In accordance with the City's Purchasing Code, bids for this project were solicited,
advertised, and opened on March 9, 2023. The City received eight (8) bids for this
project which are listed below in order from lowest to highest.
• PSW — Property Services Warranty $ 715,320.00
• Florida Palm $1,215,007.11
• West Construction, Inc. $1,293,063.28
• Bejar Construction $1,308,748.00
• MBR Construction $1,329,538.00
• Waypoint Contracting, Inc. $1,439,695.00
• Lunacon $1,683,232.87
• National SWPPP Services INCOMPLETE
This bid price allows for the furnishing of all labor, materials, tools, equipment,
machinery, superintendence, mobilization, installations and services necessary for the
installation of three (3) tennis courts, six (6) pickleball courts, 52 planter boxes, fencing,
water service, drainage, landscaping and site lighting.
If you have any questions or need any additional information, please feel free to
contact me.
Kimley>>> Horn
March 15,2023
City of Aventura
Ronald J. Wasson,City Manager
19200 West Country Club Drive
Aventura,FL 33180
Re: City ofAventura
Founders Park South Facility
City ofAventura Bid No. 23-02-27-3
Bid Recommendation
043508129
Dear Mr. Wasson:
The City of Aventura(City)advertised the Founders Park South Facility Project on February 3, 2023.
A pre-bid meeting was held on January 31, 2023 to discuss the project with potential bidders, and on
February 21, 2023 bids were publicly opened and read. The project primarily includes the installation
of three (3) tennis courts, six (6) pickle ball courts, 52 planter boxes, and the associated site
improvements (fencing, pedestrian connectivity, drainage, landscaping, water, and electrical service)
at the Founders Park South Facility. The project also includes sidewalk and site restoration. The
following is a bid summary of the Total Bid Amounts (minus allowances) for the seven (7) bidding
contractors:
1. Property Services Warranty, Inc. $ 715,320.00
2. Florida Palm Construction, Inc. $ 1,215,007.11
3. West Construction,Inc. $ 1,293,063.28
4. Beiar Construction,Inc. $ 1,308,748.00
5. MBR Construction,Inc. $ 1,329,538.00
6. Waypoint Contracting, Inc. $ 1,439,695.00
7. Lunacon Construction Group $ 1,683,232.87
Kimley-Horn has been asked to review the bids and provide a recommendation of award.Based on the
results of the bid, the apparent low bidder is Property Services Warranty, Inc. (PWS) with a total bid
amount of$715,320.00. Upon speaking with two of three references provided within the Bid Form, it
has come to our attention,that PWS has operated as a sub-contractor to install electrical equipment for
building interiors.PWS's website indicates that they specialize in electrical work,AC/HVAC,and solar
panel installations.Based on this information,Kimley-Horn is not comfortable recommending PWS to
serve as the General Contractor for this project.As such,Kimley-Horn reviewed the second(2"d)ranked
firm, Florida Palm Construction, Inc. (FPC), and was able to hear back from one of three references.
Kimley-Horn has equal concerns that the relevant experience provided by FPC is not in line with the
Founders Park Improvements scope of work, as the company specializes in interior renovations and
plumbing work.Upon reviewing the third(31d)ranked firm,West Construction,Inc.,Kimley-Horn does
y of
Kimley>>> H o r n Park Sou Aventuty
Founders Park South Facili
Bid Recommendation,Page 2
not believe this firm has sufficient successful work experience for this project.Therefore,Kimley-Horn
recognizes Bejar Construction,Inc. as the most qualified bidder for this project.
The Florida DBPR Online Services website shows a Certified General Contractor (GC) license
currently registered with the Florida Department of Business and Professional Regulation for Benny B.
Bejar. Kimley-Horn called the three (3)references provided by the contractor. All three (3)references
were overly satisfied with the Contractor's performance and would utilize their services again. As a
result,the recommendation is to award this contract to Bejar Construction,Inc. as the most responsive
bid.
The schedule of this contract is an important element of the project. Therefore,there is a liquidated
damages section of the contract that can be enforced if the Contractor's actual construction activities
extend beyond the proposed schedule. The schedule is to have all work completed within 210 calendar
days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day.
I would like to thank the City of Aventura for their assistance in bidding this project, and we look
forward to proceeding into the construction phase.
If you have any questions or need any additional information,please contact me at(954) 535-5137.
Sincerely,
KIMLEY-HORN&ASSOCIATES,INC.
Marissa Maring,P.E.
Project Manager
Copy To: File
K\FTL_Civil\043 jobs\043508129 Founders Puk\Bidding\Bid Rewnnendation-Founders Puk.doc
kimley-hom.com 8201 Peters Road,Suite 2200,Plantation, / i
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING A BID/CONTRACT FOR BID NO.
23-02-27-3, FOUNDERS PARK SOUTH FACILITY, TO BEJAR
CONSTRUCTION AT THE BID PRICE OF $1,308,748.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has properly solicited and accordingly accepted bids
for BID NO. 23-02-27-3, Founders Park South Facility; 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 Bejar Construction has submitted the lowest
responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said bid/contract to said lowest responsible and
responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That bid/contract for BID NO. 23-02-27-3, Founders Park South
Facility, is hereby awarded to Bejar Construction in the amount of$1,308,748.00.
Section 2. That the City Manager is hereby authorized to execute a contract
with Bejar Construction for the project at Founders Park South as described in the City
Manager's memorandum to the City Commission.
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 101-8050-861.63-07.
Section 5. That this Resolution shall be effective immediately upon its adoption.
City of Aventura Resolution No. 2023-
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 4t" day of April, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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