09-21-2023 City Commission Workshop Agenda The C'ty of City Commission
Aventura Workshop Agenda
September 21, 2023
9:00 a.m.
Aventura Government Center
5t" Floor Executive Conference Room
19200 W. Country Club Drive, Aventura, FL 33180
(Updated 9/20/2023)
1. Call to Order/Roll Call
2. Pledge of Allegiance
3. Discussion: Development Proposed at 20605 NE 34 Avenue (City Manager)**
4. Discussion: Proposed Contract for Professional Consulting/Comprehensive
Planning Services to Fulfill the Miami-Dade County Rapid Transit Zone (RTZ)
Requirements (City Manager)*
5. Discussion: ICON Aventura HERO Housing (Mayor Weinberg)
6. Discussion: Proposed Sale of Alcoholic Beverages in Aventura Mall Food Court
(City Manager)*
7. Discussion: Additional Hours for Freebee (City Manager)*
8. Discussion: Proposed Ordinance Prohibiting Homeless Camping in Public Places
(Mayor Weinberg)*
Future Action Required: Ordinance
9. Discussion: Anti-Defamation League Open Letter to Combat Antisemitism
(Mayor Weinberg)
10. Discussion: Changing the November 16, 2023 City Commission Workshop to
November 14t" or 17t" (Mayor Weinberg)
11. Discussion: Skyline Connection Between Sunny Isles and Aventura
(Mayor Weinberg)
12. Discussion: Charter Schools Conference (Commissioner Dr. Marks) and
Discussion: Conflict of Interest and Code of Ethics Ordinance - Miami-Dade
County Code Sec. 2-11.1(w) — Travel Expenses Paid by Vendors and Service
Providers (City Attorney)*
Future Action Required: Ordinance
Aventura City Commission Workshop Agenda(Updated 9/20/2023) September 21, 2023
13. Update: Promenade Appeal (City Attorney)
14. Waterways and Founders Park Project Update (City Manager)
15. Adjournment
* Back-up Information Exists
** PowerPoint Presentation
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 proceeding. One or more members of the City of Aventura
Advisory Boards may participate in the meeting.Agenda items are available online at cityofaventura.com for viewing and printing.Copies
of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Keven R. Klopp, Community Development Director/�*
DATE: September 15, 2023
SUBJECT: Professional Consulting / Comprehensive Planning Services to Fulfill
Miami-Dade County RTZ and MUC Requirements (City Manager)
September 21, 2023 City Commission Workshop Agenda
BACKGROUND
Miami-Dade County, on September 1, 2022, adopted Ordinance 22-106 which, in
summary as it relates to the City of Aventura, requires the City to amend its Zoning to
ensure a minimum development intensity is allowed along Biscayne Blvd.
The amendment is to be completed by the City prior to September 1, 2024.
The City Commission and staff have discussed the County's Ordinance, known as the
Rapid Transit Zone (RTZ) Expansion, several times over the last year.
In addition to the RTZ requirement, there is a set of County expectations for the City's
officially designated Metropolitan Urban Center (MUC), which is centered on the transit
hub at Aventura Mall and the Brightline Station across Biscayne Blvd. from the transit
hub.
A strategic approach to addressing the requirements in a way that is most beneficial to
the City's long-term sustainability was presented at the June 15, 2023 City Commission
Workshop. At that time, staff was requested by the Commission to seek assistance from
a professional planning consultant with the necessary comprehensive planning.
The City's Planning Consultant, TranSystems, selected by the City Commission pursuant
to Resolution 2021-56, has attended several meetings here at the City in order to gain an
understanding of the RTZ as well as the related planning and development topics being
discussed. After meeting with City and County Zoning staff, the consultant has presented
the attached proposed scope of work.
RECOMMENDATION
City staff intends to seek approval at the October 3, 2023 City Commission meeting to
issue TranSystems an authorization to proceed with the work described in the attached
proposal.
2
14
CWEISc SEROTA
HELFMAN COLE + BIERMAN
MEMORANDUM
To: Mayor and City Commission
From: Chad S. Friedman, Office of City Attorney
Robert A. Meyers, Office of City Attorney
Date: August 24, 2022
RE: Miami-Dade County (the "County") Rapid Transit Zoning Ordinance (the "RTZ
Ordinance") and Impact on the City of Aventura (the "City")
I. Introduction.
You have asked the City Attorney to review and analyze the County's RTZ's Ordinance and advise
as to: (1) how the Ordinance has changed since Vice Chairman Gilbert first introduced this item to the
Miami-Dade County League of Cities (the "League"); and (2) what actions the City would be required to
take if the Ordinance is adopted. Below is our analysis as to both issues.
II. Executive Summary.
Through the efforts of the City, its sister cities, and the League, the RTZ Ordinance has drastically
changed since it was first introduced in the spring of 2021. Mayor Corradino, as President of the League,
formed a RTZ working group with other Mayors around the County to discuss mutual concerns and develop
a strategy to address these concerns with the County. Out of this working group, the following principles
shown below were developed and conveyed to the Vice Chairman. The Vice Chairman committed to amend
the RTZ Ordinance and in italics is how the revised Ordinance addressed the League's established
principles and how such Ordinance would apply to the City:
(A) Leave us alone;
The City would be required to adopt an ordinance within 2 years or provide documentation
to the County demonstrating that certain minimum Floor Area Ratios (FAR) are permitted
within the RTZ(including buffer areas) and for properties within the radius of a designated
urban center.However, there is no penaltyif the City does not comply with the Ordinance.
(B) Let us control the land use and zoning;
The City will continue to exercise zoning and other regulatory jurisdiction over properties
within its municipal boundaries. The City will not be forced to adopt minimum densities,
heights, uses, etc. In addition, there is no longer a workforce housing mandate or preemption
of signage. The only requirement is to demonstrate that a minimum FAR is permitted within
such areas as further explained below.
(C) Let us control the review and approval process;
The City will remain in control of the review and approval process with no applicant appeal to
the County.
(D) Let us control the area that would support rapid transit in our cities;and
The City will control the areas within one-half mile of each of the SMART Plan rights of way.
Areas zoned single-family and two familyare protected byexcluding such areas from the RTZ
Ordinance. As such, the minimum FARs would not be required when it would: (i) result in
incompatible development encroaching into, or being established adjacent to or abutting,
existing single-family or two-family neighborhoods; or(ii) require redevelopment of existing
single-family or two-family neighborhoods.
(E) Let us set the density and intensity to support transit that best fits the character of our
community.
The City will have no requirement to conform to the density(36 to 60 units per acre) or height
(6 stories) for the areas (including the one-half mile buffer areas) in between the urban
centers and transit stations along the RTZ. The only requirement is to demonstrate that a
minimum of 1.0 FAR is permitted in those areas.
The City will also have no requirement to conform to the density(250 units per acre)or height
(15-25 stories) for properties within designated urban centers._Please note that the
designated Metropolitan urban center in Aventura is centered on the Nordstrom parking
garage and the Brightline Station. The only requirement for properties within the radius of
a designated urban center is to demonstrate that a variable minimum FAR is permitted in
those areas. Forpurposes of the City, the FAR in the metropolitan urban centeris 3.0 at the
core and 0.75 at the edge. The FAR ranges mentioned above are highly flexible and would
be established by the City Commission through a planning process with input from the City's
professional staff and public.
Notably,the minimum FARs mentioned above(along the R TZ andproperties within the radius
of an urban center)wouldnotbe required when itwould:(i)resultin incompatible development
encroaching into, or being established adjacent to or abutting, existing single-family or two-
family neighborhoods; or(ii) require redevelopment of existing single-family or two-family
neighborhoods.
III. Background
A. First draft of the RTZ Ordinance
In the spring of 2021, Vice Chairman Gilbert circulated a draft ordinance to the League, which
proposed amending Chapter 33C of the County Code by expanding the jurisdiction of the County's RTZ
and creating new RTZ development regulations. The Ordinance, as proposed, threatened municipal home
rule authority by superseding municipal zoning powers. Specifically,the Ordinance
(1) superseded each municipalities' authority to set their own RTZ development standards, (2)
superimposed County zoning procedures and County Commission oversight over municipal zoning
decisions and (3) mandated the County's sign code and workforce housing program without regard for
municipal regulations.
Specifically, the RTZ Ordinance would add the Rapid Transit Activity Corridor ("RTAC"), an area
covering a '/mile radius along the proposed SMART Corridor lines to the RTZ. Under the draft Ordinance,
the County would establish minimum development standards through the creation of a new SMART Corridor
Subzone ("Subzone") overlay within the RTZ. Subzone regulations would apply to properties located (1)
within the RTAC and (2) within the radius of certain designated urban centers.' Specifically, the Subzone
establishes the following development regulations:
Average Maximum Maximum
SMART Corridor Subzone Density
Category Floor Area (units per Height
Ratio (FARs) acre) (In Stories)
Designated Urban Centers
Set by the
--Regional Urban Centers Unlimited 500 Aviation
Department
--Metropolitan Urban Unlimited 250 25
Centers
--Community Urban Centers Unlimited 125 15
Rapid Transit Activity
Corridor
--Within 1/4 mile of RTAC Up to 2.0 60 6
--Between 1/4 mile to 1/2 Up to 1.5 36 6
mile of RTAC
--Between 1/2 mile and 1
mile of RTAC (East-West Up to 1.25 18 6
Corridor)
1 Urban Centers are identified in the County's Comprehensive Development Master Plan. Only Urban Centers that do not have
implemented zoning regulations would be subject to the Subzone overlay's development regulations.I.E. Urban centers,such as
Ojus,the Downtown Kendall Urban Center District and the Cutler Ridge Metropolitan Urban Center District,that already have
existing implementing zoning regulations would not fall under the Subzone.
These development regulations would serve as the minimum standards countywide, only allowing
municipalities to adopt development standards that allow more intense land uses or higher density.
B. The City, Municipal, and League Involvement.
The City took a leadership role in working with Vice Chairman Gilbert to address the municipal
concerns relating to the Ordinance. Mayor Corradino, as President of the League, formed a RTZ working
group, which included Mayor Weisman, to discuss mutual concerns and develop a strategy regarding the
Ordinance. Over the last year, numerous meetings were held with the Vice Chairman, County
Commissioners, County Staff, and the League representatives.
This effort led to the League identifying the following principles relating to the RTZ Ordinance: (1)
leave us alone; (2) let us control the land use and zoning; (3) let us control the review and approval
process; (4) let us control the area that would support rapid transit in our cities; and
(5) Let us set the density and intensity to support transit that best fits the character of our community. The
League's position was conveyed to the Vice Chairman and as a result of these efforts the Vice Chairman
committed to modify the RTZ Ordinance to address the various concerns.
C. RTZ Ordinance Scheduled for County Commission Approval.
In May of 2022, a new draft of the RTZ Ordinance was circulated and the League was advised that
the RTZ Ordinance would be scheduled for first reading before the County Commission in June. The new
draft of the RTZ Ordinance was drastically different then the initial draft circulated in the spring of 2021.
Clearly, the Vice Chairman and County staff heard the concerns raised by the City, its sister municipalities,
and the League. First and foremost, municipalities retained jurisdiction over the uses and zoning within the
RTZ. Municipalities would not be forced into specific uses, heights, setbacks, and densities. Second, areas
zoned single-family and two family were protected by excluding such areas from the RTZ Ordinance. Third,
municipalities would continue to control the review and approval process and there would be no appeal to
the County Commission. Finally, there was no longer a workforce housing mandate or preemption of
signage within the such areas.
The only requirement applicable to municipalities was that within 2 years a minimum FAR of 1.0 is
required to be established along the RTZ, including the buffer areas. In addition, a minimum FAR range of
3.0 at the core and 0.75 at the edge would be required for properties within the radius of a designated
metropolitan urban center. However, the above referenced minimum FARs would not be required when it
would: (i) result in incompatible development encroaching into, or being established adjacent to or abutting,
existing single-family or two-family neighborhoods; or(ii) require redevelopment of existing single-family or
two-family neighborhoods.
There is no penalty established if a municipality decides not to comply with the RTZ Ordinance. In
addition, if a municipality already meets the minimum FAR then there is no need for a municipality to take
any action, but instead simply provide documentation to the County
confirming compliance. On June 8, 2022, Mayor Corradino as President of the League arranged a meeting
with the County, which allowed municipalities, and the public to ask Vice Chairman Gilbert, Commissioner
Regalado, and County staff questions regarding the revised RTZ Ordinance.The Ordinance was amended
by a County Committee on July 13, 2022 and will proceed to the County Commission for adoption. It is our
understanding that the second reading of the amended Ordinance is scheduled for the September 1st
meeting.
D. What actions the City would be required to take if the RTZ Ordinance is adopted.
If the RTZ Ordinance is adopted by the County Commission, the City would be required to adopt
an ordinance within 2 years or provide documentation to the County demonstrating that certain minimum
Floor Area Ratios (FAR) as mentioned above are permitted within the RTZ (including buffer areas) and for
properties within the radius of a designated urban center. However, there is no penalty if the City does not
comply with the Ordinance. The FAR ranges mentioned above are highly flexible and would be established
by the City Commission through a planning process with input from the City's professional staff and public.
In addition, the minimum FARs would not be required when it would: (i) result in incompatible development
encroaching into, or being established adjacent to or abutting, existing single-family or two-family
neighborhoods; or (ii) require redevelopment of existing single-family or two-family neighborhoods.
E. Conclusion.
Through the efforts of the City, its sister cities, and the League, the RTZ Ordinance has drastically
changed since it was first introduced in the spring of 2021. The only action the City is required to take at
this time is to adopt an ordinance within 2 years as explained in this memorandum. If you have any
questions, please do not hesitate to contact us.
Cc: Ronald J. Wasson, City Manager
Keven Klopp, CD Director
Project description
Plan for continued but deliberate urbanization of Aventura with a focus on urban form and alternative
means of transportation,including existing regional rail and bus service and new localized mobility
infrastructure that supports bicycles, scooters, neighborhood electric vehicles,and other"last mile"
options.The project will be consistent with the intent of Miami-Dade County's Metropolitan Urban
Center(MUC) and Rapid Transit Zone (RTZ)designations within the City.
Project responsibility structure
The city's Community Development Department/Planning and Zoning Division will undertake Tasks
1 and 2 of the Phase I scope. TranSystems will provide collaboration as may be requested,will review
and comment on the city's draft work products,and will present the work products to the City
Commission.Since TranSystems role is one of review and presentation only,TranSystems will provide
services on an hourly basis not to exceed the total maximum fee amount for Tasks 1 and 2.
TranSystems will undertake all of the components of Task 3,which will be billed on a lump sum basis.
Phase overviews
Phase I components(this scope):
1. Comprehensive Plan Amendment
2. Planning for Hospital District South
3. Form-based regulations for Hospital District South
We recommend undertaking a mobility plan concurrent with the above tasks, but is not part of
this scope. The mobility plan would examine current and emerging technologies for"last mile"
transportation, recommend specific street sections and off-street paths for intra-city alternative
travel modes, provide cost estimates,implementation measures, and recommend associated
code changes.
Phase 11 components(outside of this scope):
• Planning for the MUC
• New regulations for the MUC
• Planning for RTZ south of the MUC
• New regulations for the RTZ south of MUC
Scope Task l:Comprehensive Plan Amendment
TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division
prepares text and map amendments to designate areas within the City eligible for additional
residential and nonresidential development intensity.TranSystems will also attend meetings and
make presentations as requested,subject to the not-to-exceed fee amount.
Fee: hourly not to exceed $10,000
It is anticipated that the Planning and Zoning Division will undertake a scope similar to the
following:
I. Analysis
a. Evaluate public facility capacities and levels of service.
b. Optional:determine theoretical buildout of City at three selected pairs of average density
and intensity.
c. Optional:compare each buildout scenario to the existing and/or buildout potential of up to
five selected urban areas or districts. Intensely developed areas of Aventura and
neighboring cities may be used as a means of comparison. Note:the character of different
sub areas will be determined when those areas are planned in a future Project phase.
d. Recommend the number of additional residential units and nonresidential floor area to be
available for qualifying projects citywide,subject to implementation through new zoning
regulations.
e. Consider whether some or all of the additional intensity should be allocated to or reserved
for defined geographic subareas.
f. Delineate overall and sub area boundaries,as applicable.
g. City to obtain legal opinion to ensure that the proposed text amendment preserves the
City's control over the number of additional units and floor area made available through the
overlay and conditional use process without creating any property rights,including any
requirement that the City must supplement the additional available intensity it in the future.
II. Focus Group
a. Evaluate Task 1 deliverables and make recommendations.
III. Outreach and Public Involvement
a. Establish a Project webpage.
b. Notice public input sessions on webpage, in local publications and local sections of
regional publications.
c. Potentially mail direct notice to each condominium and homeowner's association.
d. Host one open house to gather feedback on proposed amendment.
e. Summarize feedback.
IV. City Commission Workshop
V. Revisions as directed by Commission
VI. Transmittal public hearings
VII. Address any state, regional and county agency comments
VIII. Adoption public hearing
Scope Task 2: Planning for Hospital District South
TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division lays
the groundwork for the form-based regulations.TranSystems will also attend meetings and make
presentations as requested,subject to the not-to-exceed fee amount.
Fee: hourly not to exceed $10,000
It is anticipated that the Planning and Zoning Division will undertake a scope similar to the
following:
I. Inventory and Analysis
a. Utility infrastructure
b. Existing and planned rights-of-way
c. Ownership patterns
II. Plan components:
a. Identify anticipated travel patterns, primary and secondary streets,and rights-of-way that
could be abandoned. Develop street network and connections plan.
b. Generalized building frontage requirements by street
c. Street sections
d. Massing model showing permitted building envelopes from ground up
e. Minimum and maximum intensities of development and use
f. Special locational features,if any(ex:small open space)
III. Focus Group
a. Evaluate Task 2 deliverables and make recommendations.
IV. Public outreach
a. Notice public input sessions on webpage, in local publications and local sections of
regional publications.
b. Potentially mail direct notice to each condominium and homeowner's association.
c. Host one open house community forum to gather feedback on proposed plan.
d. Summarize feedback.
V. City Commission Workshop
VI. Revisions as directed by Commission
Task 3: Form-based regulations for Hospital District South,and Template for MUC,RTZ
Remainder.
TranSystems will prepare form-based regulations using the complete Task 2 results as the foundation,
and complete the full scope of this task. The fee proposal is contingent upon completion of the Task 1
and 2 work products,since they are foundational to the form-based regulations.
Fee:$130,000, lump sum.
I. Basic structure of the regulations:
a. Means of regulation. Establish as a new overlay or standard district that will serve as a
component of the core, center,and edge format within the County's MUC regulations.
b. Focus of regulation. Focus on the aspects of urban form and urban design'that are most
critical to creating functional and attractive street corridors,open spaces and development
frontages while providing flexibility in permitted uses,architecture,and some other aspects
of development in order to accommodate market conditions,allow creativity in design and
architecture,and minimize the volume and complexity of the regulations.
c. Integration. Centralized (inclusive) or decentralized approach.This choice determines
whether certain regulations that are specific to the new district-such as those pertaining to
parking,signage, landscaping,and nonconformities—are included within the new district
regulations are or located in the external articles already devoted to these topics.
d. Format. Format the regulations as a template designed to later incorporate other areas of
the RTZ and MUC.
II. Regulation components:
a. Required street locations and connections.
b. Classification of streets or designation of sub-areas within the district for purpose of keying
certain standards to a parcel's street frontage(s) or location within the district.
c. Block standards
d. Street sections and standards
i. Travel lanes
ii. Turn lanes,if allowed
iii. Medians,as applicable
iv. On-street parking,as applicable
v. Alternate mobility lanes,as applicable
vi. Sidewalk width and usage standards
vii. Street trees
viii. Street furniture
ix. Treatment of utilities
x. Construction in segments by developer vs. payment into fund and construction on
larger scale
e. Lot standards
i. Area and dimensions(minimum lot size by right and to obtain conditional use)
ii. Pervious area
'Urban design focuses on the physical form of neighborhoods,districts and corridors;on the
relationships between buildings and the spaces they create in between each other,particularly public
spaces.
iii. Building coverage
f. Building placement
g. Building massing
i. Extent to which "upper stories"can occupy the full building footprint
ii. Extent to which horizontal building mass is articulated and not contained in one full
volume
h. Building height
i. Building frontage standards
i. Extent of building placement along street edge
ii. Orientation and configuration of entrances
iii. Fenestration requirements
iv. Required and allowable projections and dimensions
v. Exterior wall materials
vi. Use and allowable dimensions of private property between a building and the public
sidewalk
vii. Treatment of tot frontages and portions of tot frontages not lined by a building
j. Density and Intensity Standards(potentially including Floor Area Ratio)
k. Vehicular use areas(parking, loading,driveways,drive-throughs, parking structures):
i. Site placement
ii. Possible revision to number of required parking spaces or dimensional requirements
based upon on-street parking credit or other considerations
1. Generalized list of permitted uses
m. Landscaping standards
i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting
n. Potential inclusion of open space specifications or reference to specifications in planning
documents
o. Sign standards
i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting
p. Conditional use requirements for obtaining additional intensity
q. Nonconformities
III. Focus Group
a. Review proposed project components and alternatives during preparation of the
regulations and make recommendations,as determined by Community Development
Director.
b. Review final draft Task 3 deliverables and make recommendations.
IV. Public outreach
a. City staff to notice public input sessions on webpage, in local publications and local
sections of regional publications.
b. Attend one open house community forum hosted by City staff to gather feedback on
proposed regulations.
c. Summarize feedback.
V. Prepare PowerPoint presentation and attend City Commission Workshop.
VI. Make revisions as directed by Commission.
VII. Prepare PowerPoint presentation and attend adoption public hearings
y' 3
ROSENTHAL ROSENTHAL
RASCO
ATTORNEYS AT L A W
August 28, 2023
Mr. Keven Klopp
Community Development Director
19200 West Country Club Drive
Aventura, FL 33180
Re: Letter of Intent to Request Conditional Use Approval on behalf of
Treats Spirits LLC for the sale and service of Alcoholic Beverages at
Space 171-17, Level 3, located in the Aventura Mail Food Court
Dear Mr. Klopp:
In connection with the captioned, please be advised that I represent Treats Spirits LLC ("Treats")
who seeks to secure Conditional Use Approval ("CUA") to allow for the sale and service of
Alcoholic Leverages at Unit FH7 located at the Level 3 Food Court in the Aventura Mall. In that
regard it is the intent of Treats to utilize a 4-COP Quota License ("Quota License") issued by the
State of Florida to operate their facility.
The 4-COP Quota License, which Treats intends to utilize at its premises, is not required by the
State to meet any food service requirements in order to sell alcoholic beverages.
With regard to the structure that will house Treats' new operation at the FH7 site, it is Treats'
intention to demolish the existing dated facility and in its place construct a new magnificent
designer structure which will transform the Level 3 Food Court into the present,and yes even into
the future, as evidenced by the renderings attached to the application for Conditional Use
Approval, which renderings are the result of months of preparation by the "Treats Team", who
anxiously await this project coming to fruition.
Further, it is Treats intention to operate this new and exciting facility in an upscale manner and
have as its clientele, the shoppers at the Mall seeking a cocktail at the end of the day, as well as
the owners and operators of the prestigious stores in the Mall, who will have a place to unwind
after a stressful day. Treats also contemplates that these patrons enjoying their meals at restaurants
not serving alcoholic beverages will visit Treats for an after dinner drink. Please keep in mind that
Treats will not be serving full course meals, and certainly will not have a kitchen, and therefore
will not be in competition with any of the restaurants in the Mall. This was one of the other
considerations contemplated when Treats elected to incur the additional expense of acquiring a
Quota License as opposed to a Special Food Service License, which as previously provided herein
is issued by the State at a promulgated rate set by the State.
;weost s.i t
One Aventura,20900 N.E.301 Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax:305.937.1311
lank
Mr. Keven Klopp 2 August 28, 2023
After meeting with the City Manager, Ron Wasson, and the Director of Development, Keven
Klopp, it is our belief that both believe that this Project is an appropriate addition to the Mall's
Food Court and would recommend the approval by the Aventura City Commission of Treats'
request for a CUA. In addition they are both aware of my client's capabilities, their prior business
successes, and their intention to build a First rate facility that the City and the Commissioners will
be proud of and will hopefully visit often.
Finally, it has recently come to my attention that the City Commission has passed Resolution 2023-
20, (the "Resolution") which allows for the sale of Alcoholic Beverages at a cocktail lounge/bar
area within the Food Hall at 2777 N. E. 18511' Street, Aventura. This concept, which approved the
sale of alcoholic beverages at the Food Hall, is similar to this request, but differs in its application
and design. At the end of the day, however, the Resolution allows any restaurant in the Food Hall
to sell/serve alcoholic beverages if a restaurant is open and serving food.
Predicated on the foregoing I would respectfully request that this matter be placed on the
September 21, 2023 Commission Workshop Agenda in order to bring this request to the attention
of the City Commission, and thereafter to the City Commission at their next meeting, or any
Commission Meeting acceptable to the City.
Thank you for your consideration.
Respectfully,
ROSENTHAL E 0 LLC
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One Aventura,20900 N.E.301 Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax: 305.937.131 1
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CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
(92-
DATE- September 15, 2023
SUBJECT: Request for Operating Budget Increase for Freebee Ride-Share
Service
September 21, 2023 City Commission Workshop Agenda
RECOMMENDATION
I am writing to request an increase in our operating budget by $134,870.00 to enhance
our Freebee Citywide Ride-Share Service. The proposal aims to extend the daily
operating hours for the service, improving accessibility and reducing waiting times for our
residents. The additional funds will enable us to add an extra 2 hours of operation per day
for each of the 8 Tesla vehicles, with staggered schedules to accommodate increased
ridership demand.
BACKGROUND
Our Freebee Citywide Ride-Share Service has gained popularity among our residents
and visitors due to its eco-friendly nature and convenience. However, recent feedback
indicates that longer waiting times during peak hours have been a concern. To address
this issue and further promote the use of sustainable transportation options, we propose
extending the operating hours of the service.
The total cost for the additional hours of service is $134,870 and will be covered by using
funding from the Citizens Independent Transportation Trust (CITT) half-penny surtax.
If you have any questions, please feel free to contact me.
RJW/bp
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 15, 2023
SUBJECT: Proposed Ordinance Prohibiting Homeless Camping in Public Places
(Mayor Weinberg)
September 21, 2023 City Commission Workshop Agenda
It is recommended the City adopt a proposed Ordinance prohibiting camping in public
places which prevents residents and visitors from freely using public places for the
purpose for which they were intended.
The Mayor has requested this matter be placed on the Workshop Agenda for discussion.
RJW/act
Attachment
CC03076-23
FROM ROBERT MEYERS, ESQ.
I wanted to bring to your attention a recent decision of the Florida Commission on Ethics,which has
ramifications for County and municipal officials and employees in Miami-Dade who travel on official
business paid by vendors/contractors/proposers.
By way of background, approximately 20 years ago,the County amended the ethics code to prohibit
vendors, contractors, bidders and proposers to pay travel expenses and incidental expenses related to
travel for officials and employees. It stemmed from a trip the County Manager took to attend an
international conference in Scandinavia paid for a County vendor. The backlash was significant and the
County Commission adopted legislation to put an end to the practice of parties seeking to do business
with the County or currently doing business with the County to underwrite the cost of travel for officials
and employees. However, a waiver was written into the rule recognizing that certain circumstances may
justify these parties covering travel and travel related expenses. If a waiver is approved by the
governing board at a public meeting,then such travel can be paid for by the vendor. Incidentally, state
law does not bar government officials and employees from accepting travel expenses from vendors, but
caps gifts that officials may accept from vendors at$100.
It is generally understood that travel expenses covered by vendors should be limited to those
circumstances where a public purpose or community benefit can be shown. For example, in the County,
waivers were granted to allow a County vendor to cover the cost of travel expenses assumed by the
County when driving to the Gulf Coast in the aftermath of Hurricane Katrina. In that particular case, the
vendors provided the vehicles at no cost to the officials who were part of the caravan. Similarly, another
County vendor(American Airlines) donated an airplane for County officials to take a charter flight to
Haiti to assist in the relief efforts for those who were devastated by the earthquake. I don't believe
anyone would question the motives behind such trips. It is important to note that the amount of the
waiver is not limited by the ethics code. If there were a cap on a vendor's contribution,the trips to the
Gulf Coast and Haiti would never have been approved.
I don't the number of times the County and municipal governments have granted waivers during the
last 20 years for vendor-paid travel for legitimate public purposes, but it's definitely not an unusual
occurrence. In Aventura, the Commission recently approved a waiver for the Mayor to travel to school
sites operated by Charter Schools USA, paid for by the contractor. With respect to that particular
waiver,the benefits to the community were obvious and the cost of the travel was not borne by the
taxpayers.
Unfortunately, at the July meeting of the Florida Commission on Ethics,the Commission ruled that the
County's waiver provision (embedded in the ethics code) which enables a vendor to assume the cost of
travel by an official is inconsistent with state law if the value of the waiver exceeds$100. The
Commission apparently does not wish to take into account the rationale for these waivers, nor
acknowledge the expenses incurred for such trips are frequently going to be greater than $100.
1 am supplying you with this information now because at our first September meeting one of the agenda
item is to consider the approval of waivers for Commission members to travel in connection with the
City's charter schools, which would be paid for by Charter Schools USA. In light of the decision by the
Florida Commission on Ethics, my advice is that the waiver for each Commission has to be limited to
$100. If the travel expenses are greater than $100, then the only feasible option may be for the City to
pick up the difference.
The question at this point is whether we should keep this item on the agenda, knowing that waivers can
be no greater than $100 or table it until we can discuss it at a workshop. My suggestion to the Manager
would be to remove it from the first September meeting, put it on the September workshop agenda,
and then possibly place it on the agenda at the second September Commission meeting. I realize the
second September meeting is generally just to approve the budget, but there's nothing preventing the
Commission from considering additional items.
I believe the Ethics Commission's decision is short-sighted, but we are bound by it. I have some ideas as
to how we can act in accordance with this decision and also limit the burden on the budget when
Commissioners wish to travel on matters related to City contractors. I'd prefer to share these ideas with
the full Commission at a workshop. However, if you wish to have a conversation with me about this
matter before we discuss it as a group, do not hesitate to call me.
Robert
HIGHLIGHTS OF THE MIAMI-DADE COUNTY ETHICS CODE
Miami-Dade Commission on Ethics & Public 19 West Flagler St., Suite 820, Miami, FL 33130
Trust Phone: 305 579-2594
Dawn Addy, Chair Fax: 305 579-0273
Charlton Copeland, Vice Chair Hotline: 786 314-9560
Nelson Bellido www.miamidadeethics.com
Seymour Gelber ethicsC_miamidade. ov
Kerry Rosenthal
Joseph Centorino, Executive Director
KEY RESPONSIBILITIES d&GIFTS
The Conflict of Interest and Code of Ethics Definition. A gift is anything of value that the
Ordinance (Miami-Dade County Code at Sec. 2- recipient has not paid for. Examples include
11.1) establishes minimum standards of ethical tickets or passes to events, entertainment
conduct for County and municipal elected officials, performances and charitable galas, holiday
employees, members of advisory boards and baskets, flowers, lodging, meals, beverages,
quasi-judicial bodies and designated County rebates or discounts, if not also offered to the
contract workers. Certain requirements may also general public.
affect immediate family members, defined as a
spouse, domestic partner, parents, stepparents, Prohibited gifts. Elected officials, public
children and stepchildren. Specific questions employees and members of advisory boards and
should be sent to the Ethics Commission. quasi-judicial bodies may never request or accept
gifts intended to persuade them to take (or not
Exploitation of official position. A person take) an official action or to perform (or not
cannot use his or her public position to obtain a perform) a duty required by their government
special privilege or exemption for him- or herself service.
or for others.
Travel expenses. Vendors and service providers
Confidentiality.A person cannot disclose may not pay the travel expenses of elected
confidential information acquired through his or officials and public employees. Typically, these
her public position. include costs associated with transportation,
lodging, meals, registrations fees and incidental
Financial disclosure. Elected officials, members expenses.
of advisory boards and quasi-judicial bodies,
certain employees and contract staff must file Acceptable gifts, if disclosed. Gifts that are not
financial disclosure statements every year. intended to influence an official action and that
are not travel expenses paid for by a government
LOYALTY TO ONE'S GOVERNMENT vendor may be accepted.
Recommendations of services prohibited. If the total value of a gift from one person or entity
Elected officials, public employees and members exceeds $100 during a calendar quarter, the gift
of advisory boards and quasi-judicial bodies may must be disclosed in the quarter after it is
not recommend the services of another to assist received.
in any transaction involving one's government.
Acceptable solicitations of gifts. Gifts may be
Outside employment must be approved solicited if used solely—
annually. Supervisors must ensure that outside by the government to conduct official business
employment will not impair an employee's or
independence of judgment in the performance of to benefit nonprofit organizations, but only if
his or her public duties. If approved, the employee solicited by commissioners and their staffs
must file a statement of income earned from when the commissioners and their staffs
outside employment each year. receive no compensation for the solicitation.
IS GOVERNMENT PROCUREMENT Conflicting personal investments. Elected
officials, members of advisory boards and quasi-
Cone of Silence. Oral communications are judicial bodies, public employees and designated
prohibited between bidders for County contracts contract workers may not—
and County officers and employees, from the time 0 own personal investments directly or through
a bid has been advertised until the County an immediate family member that would
Manager issues a written recommendation to the create a substantial conflict between private
Board of County Commissioners. Numerous other interests and the public interest,
provisions related to the Cone of Silence can be 0 participate in any official action, directly or
found in the County Ethics Code. indirectly, involving a business in which they
or an immediate family member has a
DOING BUSINESS WITH GOVERNMENT financial interest of 10% or more,
0 acquire a financial interest in an entity directly
Employees may do business with their or through an immediate family member that
government, individually or through a private may be affected by their official actions.
company. But not with the employee's
department, if the employee or immediate family LOBBYISTS
have an ownership interest in the company.
Elected officials and government personnel must
Elected officials, managers, department heads determine whether persons seeking to influence
and local government attorneys may not do them have registered as lobbyists. Meetings with
business with their respective governments. unregistered individuals are prohibited.
Nor may their immediate family members do
business with their respective governments. Prohibition on lobbying one's own
government. Elected officials, public employees
Members of advisory boards and quasi- and designated contract staff may not represent
judicial bodies may do business with their third parties before their respective governments.
governments. But not through a company in Members of advisory boards and quasi-judicial
which the board member has an ownership bodies may not represent third parties before their
interest, if the company is regulated by the respective boards.
member's board.
Two-year rule for former officers and
Disclosure of private business associations. If employees. Public officers and employees may
public officers and employees, members of not lobby or appear before their respective
advisory boards and quasi-judicial bodies or governments for two years following departure
immediate family members are employed by a from public service, except if employed by another
private firm with substantial business relationships government or a nonprofit or educational entity.
to, or regulation by, their respective governments,
the private employment must be disclosed. &VOTING CONFLICTS
Transactions with private companies that do Commissioners and council members. Elected
business with one's government. Local elected officials may not vote if either of the following
officials and their staffs, managers, senior were to occur: the vote would affect them
assistant managers and department heads may differently than it would affect the public generally
transact business with these private companies, or the vote would directly or indirectly affect a
but only at arm's length, as in ordinary person with whom they have certain business
commercial dealings between equal parties. relationships.
Two-year rule for former employees of private Board members. Members of advisory boards
entities. Government employees may not perform and quasi-judicial bodies may not vote if both of
contract-related duties regarding their former the following were to occur: they will be directly
private employers for two years following affected by the action of their board and they have
departure from that employer. The prohibition certain business relationships with the persons or
does not apply to County or municipal managers entities appearing before their board on the matter.
or to directors of procurement departments.
revised 10/2011