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06-04-2024 City Commission Regular Meeting AgendaCITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..� V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA June 4, 2024 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Dr. Linda Marks Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda June 4, 2024 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards — None. • Charter School Update — None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must in 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: • May 7, 2024 City Commission Regular Meeting • May 16, 2024 City Commission Special Meeting • May 16, 2024 City Commission Regular Workshop • May 24, 2024 City Commission Special Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK; RESCINDING THE PRIOR APPROVAL IN RESOLUTION NO. 2024-27 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A TERM SHEET WITH GULFSTREAM PARK, LLC IN FURTHERANCE OF THE ACQUISITION OF A THREE-ACRE PARCEL OF LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN GULFSTREAM PARK AND THE CITY TO USE SAID PARCEL FOR FUTURE USE AS A CHARTER SCHOOL SITE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 Aventura City Commission Regular Meeting Agenda June 4, 2024 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission agenda are zoning hearings and are quasi- judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items. If you wish to object or comment upon these items,please inform the Mayor when public comments are requested. An opportunity for persons to speak on these 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 for these quasi-judicial items. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-144(C)(1)GG OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ELECTRIC VEHICLE SHOWROOMS ON A SHOPPING CENTER PARCEL WHERE NO MORE THAN ONE (1) IS PERMITTED ON THE PROPERTY LOCATED AT 19565 BISCAYNE BOULEVARD, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS- OF-WAY" OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION,"ARTICLE IV"FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 8. ORDINANCE - SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda June 4, 2024 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—JUNE 13,2024 AT 9 AM COMMISSION REGULAR MEETING—JULY 2,2024 AT 6 PM COMMISSION REGULAR WORKSHOP—JULY 18,2024 AT 9 AM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: May 31, 2024 SUBJECT: Approval of Minutes June 4, 2024 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 as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • May 7, 2024 City Commission Regular Meeting • May 16, 2024 City Commission Special Meeting • May 16, 2024 City Commission Regular Workshop • May 24, 2024 City Commission Special Meeting Should you have any questions, please contact me. /elh attachments AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MAY 7, 2024 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 6.10 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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. The passing of Bob Graham, former Florida Governor and United States Senator, was noted, as he was recognized for his contributions. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by former Aventura Mayor Enid Weisman, former Aventura Commissioner Luz Weinberg, and Aventura Police Chief Michael Bentolila. 3. ANNOUNCEMENT OF VICE MAYOR: It was announced that Commissioner Dr. Linda Marks will serve as Vice Mayor for the next six months. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Legislative Update — Senator Jason Pizzo: Senator Pizzo provided an update on the recent legislative session in Tallahassee, as well as his top priorities. • Proclamations: Proclamations were presented as follows: Safe Boating Week (May 18-24) presented to Vice Commander Natalie Bunting - United States Coast Guard Auxiliary District 7 Division 3 and Coast Guard Auxiliarist Amanda Mitchell, Municipal Clerk Week (May 5-11, 2024) presented to City Clerk Ellisa L. Horvath, Judge Jennifer L.H. Azar Day (May 7, 2024) presented to Judge Azar, and Jewish American Heritage Month (May 2024) presented to Steven Scheck - Incoming Chair of the Aventura City Commission Regular Meeting Minutes May 7, 2024 Jewish Community Relations Council of Greater Miami and Vice Chair of the Anti -Defamation League ADL Florida Region. • Special Recognitions: Certificates of Appointment were announced and presented to the Arts & Cultural Center Advisory Board Members. A Certificate of Special Recognition was presented to Tzippy Holand for sharing her story about the Holocaust. • Employee Service Awards: Special recognition certificates and appreciation items were presented to Police Officer James Martin (10 years) and Police Detective Kenneth Sealy (20 years). • Other: The Don Soffer Aventura High School outgoing Student President Ethan Bazak introduced the incoming President Saniya Dhawan. 6. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Kruss, seconded by Commissioner Bloom, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: • April 2, 2024 City Commission Regular Meeting • April 18, 2024 City Commission Regular Workshop B. Resolution No. 2024-22 adopted as follows: 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. Resolution No. 2024-23 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2024-24 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING Page 2 of 5 Aventura City Commission Regular Meeting Minutes May 7, 2024 PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2024-25 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING SFM LANDSCAPE SERVICES, LLC FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTER PURSUANT TO REQUEST FOR PROPOSALS NO. 2024-1-1 IN AN AMOUNT NOT TO EXCEED $494,871.85 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2024-26 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO ALPHA PLAYGROUNDS TO PERFORM A "POUR IN PLACE" RUBBER SAFETY RESURFACING ON THE PLAYGROUNDS AT FOUNDERS PARK AND PEACE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2024-27 adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2024-28 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A MATCHING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $877,316 TO EXPAND THE CITY'S ON -DEMAND TRANSIT SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCE — FIRST READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE A motion for approval of the Ordinance was offered by Commissioner Bloom and seconded by Commissioner Kruss. Page 3 of 5 Aventura City Commission Regular Meeting Minutes May 7, 2024 Mr. Wasson reviewed the item. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 9. ORDINANCES — SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: 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 1-22 "URINATING OR DEFECATING IN PLAIN VIEW IN PUBLIC PLACES PROHIBITED"; PROVIDING FOR CONFLICTS; 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 Stern and seconded by Commissioner Bloom. Mr. Wasson reviewed the item. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance passed unanimously by roll call vote, and Ordinance No. 2024-07 was adopted. 10. RESOLUTION/PUBLIC INPUT: None. 11. REPORTS: • Scooters (Mayor Weinberg): It was reported that the City is working on a solution on an issue with electric scooters and electric bikes on the sidewalks. • Additional Reports: Discussion continued by members of the City Commission regarding a resident hit by a scooter and offering to assist with a solution, practicing caution on limitations due to some kids needing to ride scooters to school, and driving safely with the upcoming end of the school year. • Request for Executive Session: An executive session was requested to be scheduled for May 16, 2024 at 11:00 a.m., for the notice of appeal from Promenade regarding their short term vacation rental violation. Page 4 of 5 Aventura City Commission Regular Meeting Minutes May 7, 2024 12. PUBLIC COMMENTS: Comments were provided by the following member of the public: Robert Ebaugh (3375 N. Country Club Drive, #305, Aventura). 13. OTHER BUSINESS: None. 14. 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 7.30 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 4, 2024. Page 5 of 5 AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES MAY 16, 2024 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 9:07 a.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul Kruss, Commissioner Michael Stern', City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Amit Bloom was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg. 3. A MOTION TO APPROVE THE PRESENTATION OF A KEY TO THE CITY AND MAYOR'S KEY FOB TO MAYOR HAIM BIBAS: The motion was read by Mayor Weinberg. A motion for approval was offered by Commissioner Kruss and seconded by Vice Mayor Dr. Marks. Mayor Weinberg reviewed the item and requested approval in order to present Mayor Bibas with a key to the city and key fob at the May 24, 2024 City Commission Special Meeting, as part of the sister cities agreement ceremony. The motion for approval passed unanimously by roll call vote 4. RESOLUTION/PUBLIC INPUT: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE RANKING OF FIRMS TO PROVIDE AN ENTERPRISE RESOURCE PLANNING SOLUTION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR SAID SERVICES WITH THE FIRST RANKED FIRM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND RANKED FIRM IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE FIRST RANKED FIRM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE THIRD RANKED FIRM IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE 1 Participated via virtual communications media technology. Aventura City Commission Special Meeting Minutes May 16, 2024 SECOND RANKED FIRM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Kruss and seconded by Commissioner Joel. Mr. Wasson, accompanied by Finance Director Melissa Cruz and IT Director Carlos Fernandez, reviewed the item. The City Commission discussed the item including the negotiation process and the selection based not only on cost but also quality. 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 Resolution passed unanimously by roll call vote and Resolution No. 2024-29 was adopted. 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Friedland, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 9.17 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 4, 2024. Page 2 of 2 AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES MAY 16, 2024 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 10:13 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Michael Stern', City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Amit Bloom was absent. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was done at the City Commission Special Meeting. Item 5 was taken out of order as follows: Item 5 - Discussion: Term Sheet Gulfstream (Deputy City Manager): Mr. Wasson reported on the terms for the agreement with Gulfstream that were being worked on and the anticipation of the item to be on the June City Commission Meeting Agenda. Keven Klopp, Community Development Director, provided a summary of the term sheet including the exchange of land from Gulfstream for certain development rights. Ashok Sampath, Marlin Engineering (City's representative) and Mr. Klopp provided comments on the traffic impact study including the mitigation that would be needed for intersections. It was noted that when the site plan was presented that the modifications/alternatives would be looked at. Chris Hagen — Kimley Horn & Associates (Gulfstream's representative) provided comments on the traffic impact study. Michael Marrero, Esq. (Bercow Radell Fernandez Larkin & Tapanes PLLC) provided comments on behalf Gulfstream. The City Commission discussed the item including addressing who would pay for changes to traffic items, having a development at the end of 2131h Street, ways traffic may be impacted, and also providing mitigation for 341h Street. City Manager Summary: It was the consensus of the City Commission to place I Participated via virtual communications media teclmology. Aventura City Commission Regular Workshop Minutes — May 16, 2024 the item on the June 4, 2024 City Commission Meeting Agenda. 3. Discussion: Clear Channel Billboard Follow-up (City Manager): Mr. Wasson reported on negotiations with Clear Channel on prices for more billboards and the conditional use process in the Code. Mr. Meyers provided comments on the existing default provision thereby alleviating the need for a termination clause. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the item. 4. Update: Art Festival (Deputy City Manager): Mr. Wasson reported on his meeting with the company that handles the festival for Bay Harbor and suggested that the City's art festival be held in February at Gulfstream, at a cost of approximately $125,000-$170,000. The City Commission discussed the item including the following: obtaining sponsors, partnering with Hallandale Beach, stress put on City staff, being as cost neutral as possible, the importance of art to the community, positive attention for the City, obtaining sponsors for any new event, and proper planning. Commissioner Kruss disclosed that the person who runs the company is a close friend of his. Evan Ross, Communication Director (PCG - Public Communicators Group), reported on working with Community Services Department Director Kimberly Merchant on a sponsorship package. City Manager Summary: It was the consensus of the City Commission to move forward with working towards an event for February and requiring the vendor to also obtain sponsors. 5. Discussion: Term Sheet Gulfstream (Deputy City Manager): This item was taken out of order earlier in the meeting. 6. Discussion: Communications (City Manager): Mr. Wasson reported on the completion of the communications contract with PCG in October and suggested that a Request for Proposals be done to follow the normal bidding process. Mr. Meyers reported on the state law, procurement code, and purchasing code regarding the bidding process and exceptions listed. The City Commission discussed the item including the following: positive aspects of PCG's knowledge of the community, history and satisfaction with PCG, best interest of the City as an exception, the importance of following the bid process for transparency, reviewing the cost of similar services at other cities, the current contract cost, requiring a RFQ in lieu of an RFP, and bidding done for other contracts/services. Page 2 of 3 Aventura City Commission Regular Workshop Minutes — May 16, 2024 Evan Ross, Communication Director (PCG - Public Communicators Group), provided positive comments regarding the services he has provided and willingness to go through the process. City Manager Summary: It was the consensus of the City Commission to proceed with a Request for Qualifications (RFQ) for communications. The following additional items were discussed: City Manager Purchasing Authority (Commissioner Joel): Commissioner Joel suggested that the purchasing authority of the City Manager be raised from $50,000 to $100,000. The City Commission discussed the item including providing a survey of other municipalities. City Manager Summary: It was the consensus of the City Commission to place an Ordinance on the June agenda raising the purchasing authority of the City Manager from $50,000 to $100,000. Life of Senator Joel Lieberman Event (Commissioner Kruss): Commissioner Kruss requested that the City help sponsor the Life of Senator Joel Lieberman event at the Aventura Arts & Cultural Center on October 30, 2024 at a cost of $1,500. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to provide $1,500 as a sponsor to the event. 7. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 11:29 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 4, 2024. Page 3 of 3 AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES MAY 24, 2024 10:00 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 10:23 a.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul Kruss, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Michael Stern was absent. As a quorum was determined to be present, the meeting commenced. The Aventura Police Department Honor Guard presented and posted the colors. 2. PLEDGE OF ALLEGIANCE: Don Soffer Aventura High School (DSAHS) student Regina Wolf led the pledge. Hadas Gold performed the U.S. National Anthem followed by the Israeli National Anthem. Rabbi Guido Cohen provided an invocation. The dignitaries in attendance were recognized. 3. RESOLUTION: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A SISTER CITY RELATIONSHIP WITH MODI'IN MACCABIM RE'UT, ISRAEL, TO PROMOTE EDUCATIONAL, INFORMATIONAL, CULTURAL AND ECONOMIC EXCHANGES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Commissioner Bloom. Mayor Weinberg reviewed the item and City Commission members provided comments. The Commission recognized Commissioner Stern who could not be in attendance. The following dignitaries provided remarks: U.S. Senator Rick Scott, Modi'in Maccabim Re'ut Mayor Haim Bibas, Consul General Maor Elbaz-Starinsky (Consulate General of Aventura City Commission Special Meeting Minutes May 24, 2024 Israel in Miami), Florida Representative Randy Fine, former Bal Harbour Mayor Gabe Groisman, and U.S. Senator Marco Rubio (via letter). 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 Resolution passed unanimously by roll call vote and Resolution No. 2024-30 was adopted. A signing ceremony was conducted. Mayor Weinberg presented Mayor Bibas with a Key to the City and a Mayor's Key Fob. Mayor Bibas presented Mayor Weinberg with a menorah. DSAHS Student Regina Wolf presented Mayor Bibas with her artwork commemorating the occasion. 4. DEDICATION OF AMBULANCE: Mayor Weinberg reported on the City's donation of an ambulance, which would be dedicated outside following the meeting. Senator Jason Pizzo provided remarks. Pastor Mark Hattabaugh provided a benediction. Jessica Nessim and Ido Rosenblat provided remarks on behalf of Magen David Adom. Andre Roitman provided remarks on behalf of Hatzalah of South Florida. 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Bloom, seconded by Vice Mayor Dr. Marks, and unanimously approved; thus, adjourning the meeting at 11.53 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 4, 2024. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: May 31, 2024 SUBJECT: Aventura Arts & Cultural Center Advisory Board Member Appointment June 4, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended the City Commission adopt the attached Resolution appointing the following member to the Aventura Arts & Cultural Center Advisory Board: Helen Sachs Chaset, Ed.D. If you have any questions, please do not hesitate to contact me. RJW/act Attachment CC04018-24 ff :: tip p Application lication for CulturalArts and r Advisory Board Applicants must have specific experience and a strong commitment to performing arts including music, dance, the dramatic arts, the visual arts and the cultural arts. Name of Applicant Helen Sachs Chaset, Ed.. Address 20165 E. Country Club Dr. Phone Email 305-206-6 37 hchaset@gmaii.com Business Name Occupation naa, retired educator Business Address nma. Business Phone Fax pq ®®ea® ne , Qualifications: Briefly describe the specific expertise and/or abilities you can contribute as a member of this Board. creativity proven track re rd ire ientifyinp arad securing pert. ers/speakers/presenters for cultural events -history of extensive experience on non-profit organization boards -coaching and consulting for school and organizational leaders 9 -presenter and panel facilitator Please attach resume along withyour application. l understand that in accordance with the State of Florida Govemment in the Sunshine Law, this information may be made public. l understand that all board appointments are for voluntary, uncompensated services and t ill a subject the requirements of the State of Florida Financial Disclose Requirements. i4/16/24 i ature Applicant Date Email, email or fax completed application&resume to; City of Aventura Office of the City Manager 1 200 West Country Club Drive,Aventura, El.33160 30 66-6910Fax: 30 -4 6-6919 rwasson@cityofaventura.com The Ordinance Establishing the Arts&Cultural Center Advisory Board is available for review on the City of Aventura website at cityofaventurae me Helen Sachs Chaset, Ed.D. 20185 E. Country Club Dr., #2207 Aventura, Florida, 33180 Education 1969 Clark University, Worcester, Massachusetts, B.A., Psychology 1975 School of Education and Human Development, George Washington University, Washington, D.C., M.A., Education/Speciai Education 1994 School of Education and Human Development, George Washington University, Washington, D.C., Ed.D., Education - Special Education and Program Evaluation Certification Marl,jand State De,,Partment of Education: Advanced Profession_l,� ecial Education Grades K-12 XaL_9_V_,erviso_-) Work History 2017-curent Director of Professional Development, Center for Educational Research and Development (part-time) 2011-17 Director, Professional Development, Scheck Hillel Community School, North Miami Beach, Florida 2000-08 Principal, Burning Tree Elementary School, Montgomery County Public Schools, (MCPS), Montgomery County, Maryland 1998-2000 Assistant Principal, Rosemary Hills Elementary School, MCPS 1997-98 Principal Intern, Wyngate Elementary School, MCPS 1996-97 Assistant Principal, Stedwick Elementary School, MCPS 1987-96 Program Manager, Interagency Coordinating Board, Community Use of Schools, Montgomery County Government, Montgomery County, Maryland 1986-87 Supervisor, Department of Interagency, Alternative and Supplementary Programs, MCPS 1985-86 Principal Trainee, Cashell, Summit Hall and Gaithersburg Elementary Schools, MCPS 1984-85 Educational Diagnostician, Diagnostic and Professional Support Team, MCPS 1982-84 Administrative Assistant to Department Chair, Department of Special Education, George Washington University, Washington, DC 1977-82 Teacher Specialist for Instruction and Parent Involvement, Title 1, MCPS 1975-77 Diagnostic/Prescriptive Teacher, Broad Acres Elementary School, MCPS 1969-74 Teacher, Hampton and Newport News, Virginia Public Schools, K-12; Leavenworth, Kansas Public Schools; and Christ Church Child Center, Bethesda, Maryland Relevant Community Volunteer Work Chair, Board of Directors, Jewish Community Services of South Florida, Inc. 2016-18, Board Member, 2008-current Board Member, Center for the Advancement of Jewish Education, 2018-current Board Member, Miami Dade Holocaust Survivors, 2008-current Member, Advisory Board, Art in Public Places, City of Aventura, 2022-2024 Docent, Museum of Contemporary Art, North Miami, 2009-2013 and 2020-current Docent, Holocaust Memorial Miami Beach, 2018-current Chair, Community Education, Morsel-ife Next Generations, 2020-current Reading Tutor, After School Program, Community Activity Center, Miami Rescue Mission, 2008-2011 Chair, Board of Directors, Family Support Center, Inc., Bethesda, MD Vice President for Youth and Education: Congregation Etz Hayim, Arlington, VA Vice President for Membership: Congregation Etz Hayim, Arlington, VA Religious School Teacher: Congregation Etz Hayim , Arlington, VA Relingin&ls School Teacher.-Canoregation Beth El Bethesda MD ned and implemented the congregation's first Jewish education program for students with learning disabilities) Selected Professional Experience Leagjahig Supervised and evaluated school -based professional and supporting services staff (school staffs of 51, 64, 70 and 80) Recruited and selected staff to fill vacancies and trained new staff in curriculum and its implementation • Analyzed Montgomery County Public Schools Criterion Referenced Test and Maryland School Performance Assessment Program data and planned instructional improvements • Supervised 19 staff for Community Use of Schools and managed operations, contracting and fiscal accounts for school age services programs, state and federal grants Supervised staff in ten interagency, alternative and supplementary programs for Montgomery County Public Schools Coordinated efforts of Steering Committee for Minority Achievement and Participation; responsible for development and publication of Resource Manual, Minority Achievement and Participation, MCPS Trained administrators in selected modules for Principal Certificate of Advanced Proficiency, National Association of Elementary School Principals, Alexandria, Virginia CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-191 of the Aventura City Code provides for the creation of the Arts and Cultural Center Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Arts and Cultural Center Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individual to serve as a member of the Arts and Cultural Center Advisory Board from June 2024 through May 2026: Helen Sachs Chaset, Ed.D. Section 2. 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 Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 4t" day of June, 2024. City of Aventura Resolution No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 62) BY: Kimberly S. Merchant, Community Services Director DATE: May 31, 2024 SUBJECT: A Resolution to Approve the Replacement and Addition of Fencing for Founders Park North and South RECOMMENDATION It is recommended that the City Commission approve fencing projects totaling $133,350 to replace and add fencing at Founders Park North and Founders Park South. This work constitutes an authorized exemption from competitive bidding under City Code Section 2-252 (d). BACKGROUND At the May 7 Commission meeting, City Commission approved Resolution No. 24-0027 totaling $64,720.00. The approved figures did not reflect the full scope of the project as the east and west perimeter fencing needs to be replaced instead of modified due to the current condition of the panels. The current panels are from the original fencing that is over 25 years old with too much rust and the thickness of the material did not hold up to the welding test as the gaps open when welding. The additional fencing will include the following features: • New paneling along the seawall to ensure the garden area has iguana control similar to the previous garden fence; • Fencing for a storage area; • Paneling along the tennis courts to keep water and debris off the courts due to the adjacent berm; • Additional fencing along the new FieldTurf by the first base side of the baseball field due to the location of the light pole; and • New fencing along the north, east, and west perimeter of Founders Park South using Florida Department of Children and Families Standards for Outdoor Play Areas. These Standards require that fencing, including gates, must be continuous and must not have gaps or openings larger than 3 '/2 inches that would allow children to exit the outdoor play areas. City Commission May 31, 2024 Page 2 This will ensure the park is ready for the new Founders Park South Facility to open at City standards for the residents by Summer of 2024. The perimeter fencing was budgeted in the 23/24 Fiscal Year from account #001-8050- 572-6310 in the amount of $50,000.00. A budget amendment to cover the $83,350 overage will be completed with the year-end budget amendment. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK; RESCINDING THE PRIOR APPROVAL IN RESOLUTION NO. 2024-27 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura approved an agreement with Seawater Construction Corp. for the replacement of the fencing along the perimeter of Founders Park South, as well as various points within Founders Park itself under Resolution No. 2024-27 at the Commission's May 7, 2024 meeting; and WHEREAS, it has become necessary for staff to authorize additional fencing to complete the project in a timely manner, as authorized under Section 2-252(d) of the City Code, and based on the price identified in its proposal attached hereto as Exhibit "A"; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore approving the revised scope of work and contract with Seawater Construction Corp. as authorized by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an agreement with Seawater Construction Corp. for the fencing project around Founders Park South and in 7111iL•1701111=7►mi1 Section 2. The funds to be allocated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from account #001-8050-572-6310 in the amount of $50,000.00 and a budget amendment to cover the $83,350 overage will be completed with the year-end budget amendment. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: City of Aventura Resolution No. 2024- Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 4t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 285 LF - 6' H Founder's Park 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax South Project: New Aluminum Pickets Fence Founder's Park South New Sliding Gates (2) & New Pedestrian Gates (2) 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0330-10 Job Description DATE: 03/30/2024 New Aluminum Pickets Fence 285 LF - 6 Feet High at Founder's Park South. Including Two (2) Sliding Gates and Two (2) Pedestrian Gates. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation Remove existing Fence with the Concrete Footings. Itemized Estimate SCOPE OF WORK Remove the existing Fence 285 Linear feet and concrete footings. New Aluminum Pickets Fence 285 Linear feet X 6 Feet High. Posts: Aluminum Tubes 2" X 2" X 1/8" Punched Aluminum Channels: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 5'-10" High spacing 4" on center Sections of Fence 5 Feet - 6 Inches Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate Two (2) Sliding Gates 18 LF by 6 Feet High -Fabricate Two (2) Aluminum Sliding Gates of 18' Long X 6' High. -Frame of Square Tube 2" X 2" X 1/8" with 3 Vertical Reinforcements in each Gate and 2 Horizontal Reinforcement 2" x 2" X 1/8". -Spear Picket Top: 1" X 1" spacing 4" on center welded to the Frame. -Posts 3" X 3" X 1/4" Gauge Install a Gate Roller Guide in each Sliding Gate. -Foundation: Isolated Footing 3 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install (2) V Groove Wheel Heavy Duty Track Wheel. -Install a Sliding Gate Catcher (Holder) in each Gate. - Finish: Powder Coating Pistachio Green (Special Color) Fabricate Two (2) Pedestrian Gates Fabricate Two Pedestrian gates with Self Close Hinges and Latch. One: 5'-6" x 6' High on the Center of the Park Two: 6' X 6" High in the east corner to be use by FPL. -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self -closing speed, Rust & Corrosion Proof, Industrial strength Polymer with Stainless Steel components and Internal Spring. Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost $40,840.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval ( $20,420.00 ) -50% upon completion ($20,420.00 ) JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 59 =4" X 6' H Founder's South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Aluminum Pickets Fence 59'-4" X 6' H Founder's South TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0330-12 Job Description New Aluminum Pickets Fence at Founder's Park South (Two Sections) Including One (1) Double Gate 12 Feet Width by 6 Feet High. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation. Itemized Estimate SCOPE OF WORK New Two sections of Aluminum Pickets Fence. Total LF 59'-4" x 6' H. Section 1: New Aluminum Pickets Fence between the Restrooms Building and the North Fence, Total 30'- 8" X 6 feet High. Section 2: New Aluminum Pickets Fence between the Restrooms Building and the East Fence, Total: 28' - 8 11 X 6 feet High. DATE: 03/30/2024 $8,790.00 Specifications: Posts: Aluminum Tubes 2" X 2" X 1/8" Punched Aluminum Channels: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 5'-10" High spacing 4" on center Sections of Fence 6 feet Max. Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate one Double Gate 12 LF by 6 Feet High -Fabricate one Aluminum Double Gate of 12' Long X 6' High. -Frame U of Square Tube 2" X 2" X 1/8" -Spear Picket Top: 1" X 1" spacing 4" on center welded to the Frame. -Posts 3" X 3" X 1/4" Gauge -Foundation: Isolated Footing 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self -closing speed, Rust & Corrosion Proof, Industrial strength Polymer with Stainless Steel components and Internal Spring and one Latch. -Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost 1 $8,790.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Chainlink Fence at Founder's Park North 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Baseball Field Project: New Chainlink Fence at FN Baseball Field 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0420-14 Job Description New Chainlink Fence at Founder's Park North baseball Field. Materials, Fabrication, Powder Coating, Delivery and Installation. P=ftftw- Itemized Estimate SCOPE OF WORK Remove Existing Chainlink: Remove 2 sections of existing Chainlink. New Commercial Grade Chainlink Fence Poly Black. Total LF 17' Long x 6' High. I Build New Chainlink Fence on the South Side of the First Base of t Baseball field at Founder's Park North, including: New (2) posts with a 1/4' 6" x 6" welded plate to attach to the existing concrete slab with 4 sleeve anchors plus 3 existing posts are in good condition, for a total of 5 posts. DATE: 04/20/2024 Materials: Galvanize Plate 6" X 6" Weld to Post-----------2 Extruded Black 50' Roll Spectra 2" x 9F x 6"— — — — — — — 1 Roll Steel Tension Bar Poly Black 3/16" x 3/4" x 70" — — — — — 4 Polyester Black Spectra Posts 2 7/8" x 9' DQ40------2 Tube 1 5/8" x 22' Poly Black Spectra-----------6 Tension Band Poly Black Spectra Poly----------25 Cap Poly Black Spectra 2 7/8"--------------2 Total Estimated Job Cost $3,190.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Fence at Founder's Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax by the Canal Plant & Parcel Project: New Paneling at Founder's Park South by the Canal 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0420-15 Job Description New Paneling on two Enclosure Parcels on existing Forest Green Fence at Founder's Park South along the Canal Materials, Fabrication, Powder Coating, Delivery and Installation. Itemized Estimate SCOPE OF WORK New Paneling on Two (2) existing Enclosure for Plant and Parcel on existing Fence South Side by the Canal at Founder's Park South. The work consists of opening a trench along the entire length of the fence within the enclosure of approximately 4" to fit the panels to the ground and prevent the entry of iguanas. Total LF: 216' Long X 4' High West Section: Total Linear Feet: 106 LF Solid Aluminum Panels 48" X 120" DATE: 04/20/2024 $5,650.00 East Section: Total Linear Feet: 110 LF Solid Aluminum Panels 48" X 120" The panels will be attached to the fence with HEX Self- Drill Screen Powder Coat Paint: Forest Green Total Estimated Job Cost 1 $5,650.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Tennis Court West & East at Founder's Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Paneling Tennis Court West & East Founder's Park South 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Estimate: 2024-0420-16 Job Description New Paneling Tennis Court West & East at Founder's Park South Materials, Fabrication, Powder Coating, Delivery and Installation. PIML Itemized Estimate SCOPE OF WORK New paneling on the West and East sides of the Tennis Court on each section of the existing 10' x 10' Fence at the Bottom of Founder's Park South. The work consists of opening a trench outside the existing fence to fix the panels to the ground as deep as the existing base of the posts allows, to prevent water and things from entering the Courts. Total LF: 240' Long X 4' High West Side: Total Linear Feet: 120 LF DATE: 04/20/2024 Now" $6,250.00 West Side: Solid Aluminum Panels 48" X 120" East Section: Total Linear Feet: 120 LF Solid Aluminum Panels 48" X 120" Attachment: The panels will be tied on both sides with Tension Bands to the existing posts and on top with Heavy Duty Tie to the mesh. Powder Coat Paint: Black Total Estimated Job Cost 1 $6,250.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate NewAluminum Pickets Fence 307 LF - 6' H 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax West Side Founder's South Project: New Aluminum Pickets Fence West Side Founder's South 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0524-22 Job Description DATE: 05/24/2024 New Aluminum Pickets Fence 307 LF - 6 Feet High, plus Palisade Fan Tale on the Canal with a Panel at West Side Founder's Park South. Remove 307 LF - 6 F existing pickets Fence. Materials, Fabrication, Powder Coating Forest Green, Delivery and Installation Itemized Estimate SCOPE OF WORK Remove the existing Fence 307 Linear feet and concrete footings and Dump. (No Gates) New Aluminum Pickets Fence 307 Linear feet X 6 Feet High Posts: Aluminum Tubes 2" X 2" X 1/8" Top and Bottom Tube: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 70" High spacing by Code Sections of Fence 6 Feet Long by 6 Feet High $30,750.00 The Pickets will be welded at the top and bottom to the 1" X 2" tube. Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Forest Green Fabricate a Custom Palisade Fan Tale with a Panel to block access to the dock and protect the public. Similar to the Waterway Dog Park (see picture) Panel of Fence 3 feet Long by 6 feet high (1). Connection to the Dock through a Plate Welded to the Post and attached with 4 heavy screws to the Dock. Connect the Custom Palisade Fan Tale to the section of Fence over the Dock toward the Canal. Posts: Aluminum Tubes 2" X 2" X 1/8" Top and Bottom Tube: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 70" High Powder Coating Paint: Forest Green Total Estimated Job Cost $33,600.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval ($16,800.00) -50% upon completion ($16,800.00) JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 308 LF - 6' H & 8' H 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax East Side Founder's South Project: New Aluminum Pickets Fence East Side Founder's South 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0524-23 Job Description DATE: 05/24/2024 New Aluminum Pickets Fence Total: 308 LF (262' x 6'H & 46' x 8'H) plus Palisade Fan Tale on the Canal with a Panel at East Side Founder's South. Remove 308 LF - 6 F existing pickets Fence. Materials, Fabrication, Powder Coating Hunter Green, Delivery and Installation Itemized Estimate SCOPE OF WORK Remove the existing Fence 308 Linear feet and concrete footings and Dump. (No Gates) New Aluminum Pickets Fence 262 Linear feet X 6 Feet High Posts: Aluminum Tubes 2" X 2" X 1/8" Top and Bottom Tube: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 70" High spacing by Code $26,200.00 The Pickets will be welded at the top and bottom to the 1" X 2" tube. Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Sections of Fence 6 Feet Long by 6 Feet High Finish: Powder Coating Forest Green New Aluminum Pickets Fence 46 Linear feet X 8 Feet High Posts: Aluminum Tubes 2" X 2" X 1/8" Top and Bottom Tube: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 94" High spacing by Code Sections of Fence 6 Feet Long by 8 Feet High The Pickets will be welded at the top and bottom to the 1" X 2" tube. Foundation: Isolated Footings 2'-6" Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Fabricate a Custom Palisade Fan Tale with a Panel to block access to the dock and protect the public. Similar to the Waterway Dog Park (see picture) Panel of Fence 3 feet Long by 6 feet high (1). Connection to the Dock through a Plate Welded to the Post and attached with 4 heavy screws to the Dock. Connect the Custom Palisade Fan Tale to the section of Fence over the Dock toward the Canal. Posts: Aluminum Tubes 2" X 2" X 1/8" Top and Bottom Tube: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 70" High $5,980.00 $2,850.00 Powder Coating Paint: Forest Green Total Estimated .lob Cost $35,030.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non -prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval ($17,515.00) -50% upon completion ($17,515.00) JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: May 31, 2024 SUBJECT: Resolution Approving a Term Sheet Outlining the Basis of a Purchase and Sale Agreement with Gulfstream Park for a Three -Acre Future School Site June 4, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached resolution approving the term sheet which outlines the basis for a Purchase and Sale Agreement (PSA) between the City and Gulfstream Park for a three -acre site to accommodate a new high school. THE REQUEST The PSA will be presented to the City Commission for consideration and approval in the near future, possibly as soon as the July 2, 2024 City Commission meeting. It will be effective upon the City approval of an amended Development Agreement with Gulfstream Park, including changes to the Comprehensive Plan and Land Development Regulations that will increase their entitlements. Applications for these amendments will be submitted by Gulfstream Park and presented to the City Commission -- also potentially as early as July -- for first reading. Review by the state will proceed and then be followed by second reading and an appeal period. Full completion is anticipated no later than November. BACKGROUND Expansion of the City's charter school capacity is one of the City Commission's top priorities. Efforts have been made to identify and secure a location for the construction of a new high school. Only a few sites in the City have the potential to fulfil this need. All options were explored. The agreement with Gulfstream Park facilitates their long-term development objectives and meets the City's immediate need for a site for a new high school. ANALYSIS A traffic study has been completed which identifies the impacts the increased development entitlements will have on the surrounding roadways. Specific measures to mitigate the impacts, to the extent possible, will be planned and implemented concurrent with Gulfstream Park proceeding with any new development pursuant to the entitlements granted. No specific development projects are currently being proposed. K CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A TERM SHEET WITH GULFSTREAM PARK, LLC IN FURTHERANCE OF THE ACQUISITION OF A THREE -ACRE PARCEL OF LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN GULFSTREAM PARK AND THE CITY TO USE SAID PARCEL FOR FUTURE USE AS A CHARTER SCHOOL SITE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") operates two charter schools within the City limits and, based on all relevant metrics, both are classified as high performing schools; and WHEREAS, due to the overwhelming demand from residents in the community to enroll their children in these schools and the limited number of available seats, many are denied access to these outstanding schools; and WHEREAS, the City has recognized the importance of expanding its educational infrastructure by opening a third charter school in the City to provide more children of City residents the opportunity to attend a municipal charter school; and WHEREAS, on February 6, 2024, the City Commission approved the Letter of Intent submitted by Gulfstream Park ("GSP") in connection with the City's interest in acquiring a three -acre parcel of land for future use as a charter school site; and WHEREAS, the Term Sheet submitted by GSP, and attached hereto as Exhibit "A", sets forth the terms and conditions whereby GSP will convey a three -acre parcel of land located in the City of Aventura to the City for future use as an additional charter school site in return for non -monetary considerations such as approval for permanent increased density and intensity on GSP's remaining property within the City, enhanced access from 213t" Street, the granting of necessary easements and the waiver of, or reduction of, certain fees; and WHEREAS, the City of Aventura hereby finds that it is in the best interest of the City's residents to approve the Term Sheet and authorize the City Manager to negotiate and execute a Purchase and Sale Agreement with GSP to obtain this parcel of land in order to build and operate a third charter school in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: City of Aventura Resolution No. 2024- Section 1. Recitals Incorporated. That each of the above stated recitals are hereby adopted and confirmed. Section 2. GSP Term Sheet Approved. That the City Commission hereby approves the Term Sheet attached hereto as Exhibit "A." Section 3. City Manager Authorized. That the City Manager is hereby authorized to negotiate and execute a Purchase and Sale Agreement with GSP, in furtherance of, and consistent with, the Term Sheet. 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 Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 4t" day of June, 2024. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. HOWARD S. WEINBERG, ESQ. MAYOR Page 2 of 2 CITY OF AVENTURA / GULFSTREAM PARK RACING ASSOCIATION, INC. 2024 CITY SCHOOL SITE AGREEMENT "TERM SHEET" This term sheet (the "Term Sheet") outlines the key terms which the City of Aventura, a Florida municipal corporation (the "City") and Gulfstream Park Racing Association, Inc. a Florida corporation ("GSP") have agreed upon in principle in connection with the conveyance of a three -acre site (the "School Parcel") to the City to allow for the development of a City -owned charter school. In exchange for GSP's conveyance of the School Parcel to the City, the City has agreed to process Comprehensive Plan, zoning, and development agreement approvals for GSP's remaining property (the "Development Property") that together will permit a mixed -use development on the site. Promptly following the approval of this Term Sheet by the Mayor and City Commission, the parties will negotiate in good faith, and execute a purchase and sale agreement (the "PSA") incorporating the key terms set forth in this Term Sheet. Subsequent to execution of the PSA, GSP will prepare, submit to the City and process the Comprehensive Plan, zoning, and development agreement applications referenced in this Term sheet and the PSA (collectively, the "Development Approvals") for City Commission review. 1. Recitals. a) GSP is the fee owner of the land identified by Miami Dade County Property Appraiser folio numbers 28-1234-019-0011 and 28-1234-019-0021, as well as adjacent land to the north within the City of Hallandale. b) The City acquired the land identified by Miami Dade County Property Appraiser folio numbers 28-1234-019-0016, 28-1234-019-0017, and 28- 1234-019-0020 (the "City Land") from GSP in two previous similar transactions in 2006 and 2016. The City Land has been developed with Waterways Park and Aventura Don Soffer High School. c) The School Parcel is a three -acre portion of Folio Number 28-1234-019- 0011 located immediately west of Folio Number 28-1234-019-0017. The School Parcel is directly accessible from NE 213 Street. 2. The Conveyance Agreement. The main elements of the PSA are proposed as follows: a) GSP will convey the School Parcel through a Warranty Deed or other instrument acceptable to both the City and GSP in "as is" condition, with the only exception being the removal of the existing structure on the site, which GSP will complete within ninety (90) days of the City's written request following the conveyance. No representations or warranties are being 1 provided by GSP, except that GSP warrants that it is the Owner of the School Parcel and has the authority to convey it at the time of the conveyance. Since the School Parcel is intended to be conveyed "as is", GSP will require the City to indemnify and hold GSP harmless from and against any and all costs, losses or claims demands and liabilities, including reasonable attorney fees, which might arise out of or relate to any and all acts or omissions alleged against GSP, as it relates to the School Parcel. b) As part of the conveyance, the City will grant new easements or modify or existing easements across the School Parcel, as reasonably needed for utility and drainage purposes and to amend or create any other declaration or covenant deemed reasonably necessary by GSP, or its designees. c) As an inducement for GSP to convey the School Parcel, the City will waive any and all application fees, excluding advertising costs and public notices to the general public, and likewise waive any other expenses directly or indirectly necessary to implement the intention of the parties throughout the conveyance and development approval process, such as fees for third -party consultants engaged by the City. In addition, throughout the incremental development of the Development Property, the City likewise will waive any and all application fees and costs, residential impact fees for parks and transportation, and non-residential impact fees for transportation up to 1.17 million square feet of non-residential development. Additionally, the City agrees to waive other fees or impositions that may be routinely required of developers as a condition of the future development on the Development Property, whether such fees or impositions are existing or as may be adopted in the future, such as community benefit and affordable housing fees or any other impositions. It shall be expressly understood and agreed that there may be required fees and costs that are not imposed by the City. The fee waivers will not include waiver of police impact fees or building permit fees charged pursuant to City Resolution 20 20-48. d) As a portion of the School Parcel serves as stormwater retention for the Development Property, the City and GSP will coordinate on a plan to replace, at the City's sole expense, the stormwater retention capacity on the School Parcel with an improvement on the Development Property. A technical memorandum of understanding regarding the redesign of the stormwater system will be developed and finalized by GSP's professional consultants and the City's consultants as part of and prior to the granting of entitlements. e) The conveyance of the School Parcel will be effective upon the Development Approvals becoming final and unappealable. f) Nothing in the PSA will limit the City's legislative or quasi-judicial authority to take any action on the Development Approvals. K g) This Term Sheet is an expression of the parties' intent and is not an enforceable document. The PSA, when executed, will be the binding and enforceable agreement between the parties. 3. Development Approvals. The Development Approvals are contemplated to involve the following: a) An amendment to the text of the City Comprehensive Plan Land Use Element creating the Town Center North designation and providing for one or more of the following elements: i) The designation shall be applied as an exclusive land use category on the future land use plan map. ii) All development shall be subject to a planned development approval under the relevant terms of the City Code of Ordinances. iii) Maximum permitted development shall be, subject to development equivalency: (a) up to 1,633 residential units, with flexibility to develop all building types, including, low-rise or high-rise units; (b) 150,000 square feet of office, 300 hotel rooms, and 300,000 square feet of commercial uses. iv) Maximum building height of 30 stories. v) Maximum residential floor area ratio of 4.0 based on the gross acreage. vi) Maximum non-residential floor area ratio of 2.0 on the gross acreage. b) A Comprehensive Plan Future Land Use Map amendment redesignating the Development Property from Business and Office to the newly created Town Center North designation. c) An amendment to Section 31-145 of the City's Code of Ordinances to create the "Town Center North Planned Development District (TC5) District." The TC5 zoning regulations shall provide as follows: i) The TC5 zone implements, and is limited by, the "Town Center North" Comprehensive Plan designation. ii) The TC5 zone shall be implemented through the approval of a general plan of development and design guidelines by the City Commission following a duly noticed public hearing. The approved general plan and design guidelines shall establish: 0 (1) the internal streetscape and the project's connection to the surrounding urban context; and (2) the project's development standards, including, but not limited to: (a) setbacks; (b) building height; (c) parking requirements, and (d) landscaping requirements. In the event of a conflict between an approved general plan or design guidelines and the City Code of Ordinances, the general plan or design guidelines shall prevail. d) A rezoning of the Development Property to the newly created TC5 District. e) A Chapter 163 Development Agreement between the City and GSP, amending the existing agreements for the Development Property and providing, in relevant part: i) The reservation of development rights on the Development Property for a period of up to thirty (30) years to include: (1) up to 1,633 residential units, with flexibility to develop all building types, including, low-rise or high-rise units, with a maximum height of 30 stories, and a residential floor area ratio of 4.0 on the gross acreage, and (2) non-residential development, to include up to 150,000 square feet of office, 300 hotel rooms, and 300,000 square feet of commercial uses, and a commercial floor area ratio of 2.0 on the gross acreage. The development program may be modified and the uses and intensities may vary from the above pursuant to an Equivalency Matrix approved as part of the Development Agreement that establishes a maximum external PM peak hour trip generation for the Development Property. ii) A total of three (3) "unrestricted" north -south roadways (inclusive of existing driveways), at locations mutually acceptable to GSP and the City, linking the Development Property to NE 213 Street. While the specific location of the roadways is undetermined at this time, it is understood that the number of entrances will not exceed three. "Roadways" do not include school entrances or driveways, nor does the E term include any streets or roads that do not connect directly to NE 213 Street. iii) City conceptual approval for a future connection of the Development Property to the Intracoastal Waterway, and City agreement to support such connection in writing in the future, if requested by GSP. The future connection of the Development Property to the Intracoastal Waterway will require the following: (1) The City's conveyance of any portion of the Waterways Dog Park deemed necessary by GSP to connect the Development Property to the Intracoastal Waterway. (2) GSP's relocation of the Waterways Dog Park to an alternative parcel within the Development Property of similar size and comparable amenities. GSP agrees that the work on the relocated Dog Park shall be completed prior to the commencement of any work that will impact reasonable use of the existing Dog Park. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: May 31, 2024 SUBJECT: Request by Turnberry Associates (the "Applicant") for a Variance to Establish an Electric Vehicle Retail Showroom in Space 1966 of the Aventura Mall Located at 19565 Biscayne Boulevard (the "Property") (VAR2404-0001) June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request to permit an additional electric vehicle retail showroom on the Property. THE REQUEST The applicant, Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes, on behalf of Turnberry Associates, is requesting variance from Section 31-144(c)(1)(gg) of the Land Development Regulations (the "LDRs") to permit the establishment of a second electric vehicle retail showroom at the Property when no more than one is permitted. (See Exhibit #1 for Letter of Intent). BACKGROUND The City of Aventura, through Ordinance No. 2016-11, added electric vehicle retail showrooms as a permitted use in shopping centers of more than 1,000,000 square feet conforming to specific criteria. Subsequent to this amendment, a Tesla store was established and remains open today. Section 31-144(c)(1)(gg) of the LDRs limits the use to no more than one electric vehicle retail showroom per parcel. The Applicant is requesting a variance from this section to allow the establishment of a Rivian retail showroom ("Rivian Spaces"). Rivian's retail strategy involves the demo and showcase of vehicles on site to be purchased directly on the Rivian's website. See Exhibit #4 for additional information on Rivian Spaces. OWNER OF PROPERTY Aventura Mall Venture Lessor Turnberry Associates Aventura Mall Expansion Venture Lessee APPLICANT Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes ADDRESS OF PROPERTY 19565 Biscayne Boulevard, Space 1966 Aventura, FL 33180-2342 (See Exhibit #2 for Location Map). LEGAL DESCRIPTION A Portion of Tract "Q", Aventura 6th Addition Plat Book 120, Page 20 of the Public Records of Miami Dade County (See Exhibit #3 for complete Legal Description). Zoning — Subject Property Properties to the North Properties to the South Properties to the East Properties to the West Existing Land Use — Subject Property Properties to the North Properties to the South Properties to the East Properties to the West Future Land Use — Subject Property Properties to the North Properties to the South B2 Community Business B2 Community Business CF Community Facilities B2 Community Business CF Community Facilities TC1 Town Center B2 Community Business RMF4 Multifamily High Density Residential B2 Community Business Regional Mall Library and Fire Station Regional Mall and Office Retail, Office and Residential Retail and Office Business and Office Business and Office Business and Office K Properties to the East Properties to the West ANALYSIS Town Center Business and Office Medium High Density Residential Business and Office Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This property is located within 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 Community Business (132) district. Within this district, electric vehicle retail showrooms are allowed on parcels that include shopping centers of more than 1,000,000 square feet of gross leasable area and do not exceed five -stories height subject to specific criteria. The property meets the size and height requirements and Rivian Spaces retail model meets the specified criteria. The criteria require that no on -site vehicle storage beyond the showroom and no more than six (6) vehicles stored on site for test driving purposes are allowed. In addition, no delivery of vehicles and/or service of vehicles will be permitted on site. Prior to establishing the use, the applicant will provide the City a plan with the proposed location of test-driving vehicles. See Exhibit #4 for the "Rivian Spaces" business model. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City' s Land Development Regulation 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 Property is uniquely situated to accommodate more than one electric vehicle retail showroom. Given the increase in popularity of electric vehicles and increase in prominence of electric vehicle companies employing modern sales tactics since 2016, allowing only one (1) electric vehicle retail showroom creates a particular hardship on the Property. 191 (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. The conditions upon which the request for a variance is based are unique to the parcel and not generally applicable to other properties within the vicinity. There is no other shopping center building containing a total of more than 1,000,000 square feet of gross leasable area within the vicinity. (3) 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 alleged difficulty is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. (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 or injurious to other property or improvements in the vicinity. (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 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. C! BERCOW RADELL FERNANDEZ LARKIN i- TAPANES ZONING, LANE USE AND ENUVIRONMENTAL LAW VIA ELECTRONIC MAIL April 12, 2024 200 S. Biscayne Boulevard Mr. Keven Klopp, Planning Director Suite 300, Miami, FL 33131 Community Development Department City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Rivian Automotive: Aventura Mall— 19565 Biscayne Boulevard, MMarrero@brzoninglaw.com Aventura, Florida 33180 Dear Ms. Klopp: Our law firm represents Turnberry Associates (the "Applicant") in relation to the referenced Rivian Automotive electric vehicle retail showroom ("Rivian Store") the Applicant intends to open within the Aventura Mall (the "Mall"). This letter shall serve as the Applicant's letter of intent in support of the application for a Variance to allow for two electric vehicle retail showrooms where no more than one is permitted on the Property pursuant to City Code Section 31-144. Background. In 2016, through Ordinance No. 2016-11, City Code Section 31-144(C)(1) was amended to include "electric vehicle retail showroom" as a permitted use in the Community Business ("132") zoning district in certain shopping centers meeting the specified criteria. See Exhibit A, Ordinance No. 2016-11. The amendment included the following additional criteria for when electric vehicle retail showrooms are permitted: (1) no more than one electric vehicle retail showroom shall be allowed on the parcel; (2) no on -site vehicle storage/stock beyond the showroom and vehicles for test drives shall be allowed; (3) no more than six electric vehicles produced by the electric vehicle motor company shall be stores on site, outside of the showroom, to be used for test drive purposes; (4) no delivery of vehicles and/or service of vehicles shall be permitted on site; and (5) prior to establishment of the use, a plan describing the proposed location of the test drive vehicles, the proposed hours and proposed location of test drives shall be Mr. Keven Klopp, Planning Director Page 2 submitted for review and approval of the City Manager. Such review and approval will include, but is not limited to, consideration of traffic patterns and traffic conditions in the parcel and in the City as a whole. Rivian Store. Rivian Automotive, Inc. ("Rivian") is an American -based, publicly traded, electric vehicle and technology company with the purpose of designing, developing, manufacturing, and selling fully electric vehicles, accessories, and related services directly to customers in the consumer and commercial markets. Pursuant to Rivian's Full Year 2023 Financial Results press release, the company sold more than 50,000 vehicles in 2023.' Unlike traditional automobile manufacturers and dealerships, Rivian deploys a vehicle ordering strategy more akin to a modern electronics company, where vehicles are purchased directly from the Rivian website or ordered in-store with the help of a specialist. Rivian vehicles are built to order; Rivian does not hold for -sale inventory on the premises of their retail stores. The purpose of the Rivian Store is to build a network of customer touchpoints in highly accessible and well -trafficked retail nodes, to create physical spaces where customers can learn about the products and drive brand awareness through location, design, education, and experience. Variance Request. The Mall is currently occupied by one (1) electric vehicle retail showroom. As such, the Applicant respectfully requests a variance from City Code Section 31- 144(C)(1)(gg)(1) requiring no more than one (1) electric vehicle retail showroom within the parcel, to permit a second electric vehicle retail showroom within the parcel, the Rivian Store. The Rivian Store conforms to all other requirements under City Code Section 31-144(C)(1)(gg). Ordinance No. 2016-011 reflects the City's acknowledgement of the rapidly growing electric vehicle market that is often accompanied by a non-traditional vehicle sales strategy, pioneered and made popular by Tesla, Inc. Accordingly, subsequent to this amendment, a Tesla store was opened in the Mall and remains open today. Since 2016, electric vehicle sales have grown exponentially. As a result of this growth, electric vehicle companies like Tesla and Rivian are rapidly emerging. Most of these companies, including Rivian, employ modern vehicle sales strategies that do not require inventory or a dealership. Approving this variance will accommodate the significant growth of the electric vehicle market since 2016. Variance Criteria. The proposed Variance addresses the criteria described in Sec. 31-76 governing Variances as follows: The Rivian Fourth Quarter and Full Year 2023 Financial Results press release can be found on the SEC website here: https://www.sec.gov/Archives/edgar/data/1874178/000187417824000012/ex- 991 pressrelease4g23earn.htm#:-:text= Total %20revenue%20for%20the%20fourth,by%2050%2C122%20total%20v ehicle%20del iveries. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp, Planning Director Page 3 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 Property is uniquely situated to accommodate more than one electric vehicle retail showroom. Given the increase in popularity of electric vehicles and increase in prominence of electric vehicle companies employing modern sales tactics since 2016, allowing only one (1) electric vehicle retail showroom creates a particular hardship on the Property. 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. The conditions upon which the request for a variance is based are unique to the parcel and not generally applicable to other properties within the vicinity. There is no other shopping center building containing a total of more than 1,000,000 square feet of gross leasable area within the vicinity. 3. 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 alleged difficulty is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp, Planning Director Page 4 The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 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 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. For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate your scheduling this application for the next available public hearing. Thank you for your attention to this matter. Sincerely, Mickey Marrero Enclosures CC: Jeffrey Bercow Benjamin Sherry Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Exhibit #2 Location Map SW 1st St I SW 2nd St i � o Hallandale �P�rsle5o` Ln Gulfstream Park Golden Isles < Al A d — Sun Swept ��� ��� --- — Holiday Dr — — — — Isles- 1 NE 213th St z 1 1 m 1 1 1 p 1 1 3 ,Aventura < 1 1 1 1 � > 1 Highland Oaks N Countr Park 1 Y 1 m a Club Dr 1 � 1 v 1 v 1 1 a O 1 z 1 1 0 1 iv 1 199tr St 1 � i N� < Don Soer / ff 1 Exercise Trail / 1 Golden Beach Aventura Mall Aventura / 1 1 Lehman / cswY ' W \\\\am � z 1 1 NE 190th / m m v NE 186th St / / I / NE 183rd St / Greynolds Park / Point EastO / 2 Park rse ! /�~' NE 17 7ST St NE 170th St v m NE 169th St W i Mdule Sunny Isles ° 1 Make Beach li, Intracoastal Mall 826 At\antic _ NE 163rd r� w 05/10/2024 hil B2 Community Business District Subject Property _ _ ti City of Aventura Municipal Boundary ��Aventura Government center I MO West Country Club Dnve 0 0.28 0.55 1.1 mi ' Avenhm,F7nnda33180 © 0 0.42 0.85 1.7 km 4 e 9 f F { iiVJJV ,.yl o- J . r — +a `I d R4y }y d e Prop *W Rfvlan HUOO 1 F CESY�YER �# EYES ■ / r 1 ■ ' AHHE EIIG F ��HHILIOII , II �• -- A 4 7lKY l�N�HiKi ,' ■ s 1 •4 fI I - ■ EXHIBIT #3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.2FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY- NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R & Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 R ivian S aces Real Estate RIVIAN SPACES REAL ESTATE Aelgz%" PROPRIETARY & CONFIDENTIAL 2024 R ivian What is at the core of who we are? .:ommunity Adventure Sustainability RIVIAN SPACES REAL ESTATE Rivian's Mission: Rivian is an American -based electric vehicle and technology company. We believe there is a more responsible way to explore the world and are determined to make the transition to sustainable transportation an exciting one. Rivian's Product: To oversimplify, our fully electric vehicles run on chargeable battery - powered electric motors instead of an internal combustion engine (ICE). In turn, the vehicles emit no exhaust or liquids and produce minimal sound. RIVIAN SPACES REAL ESTATE Company Overview escription & Rivian Automotive, Inc. (together with its consolidated rganization subsidiaries, "Rivian" or the "Company") was incorporated as a Delaware corporation on March 26, 2015. Rivian was formed for the purpose of designing, developing, manufacturing, and selling category -defining electric vehicles ("EVs"), accessories, and related services directly to customers in the consumer and commercial markets. Vertically Starting with a clean sheet, Rivian built a vertically integrated Integrated ecosystem comprised of a proprietary vehicle technology Product platform, cloud architecture, product development and operations, products, and services. Interconnected by a data and analytics backbone, the custom ecosystem is designed to deliver fast -paced innovation cycles, structural cost advantages, and exceptional customer experiences. Initial Public In November of 2021, the Company completed its Offering underwritten initial public offering ("IPO") of approximately 176 million shares of Class A common stock at public offering price of $78.00 per share. The net proceeds to the Company from the IPO were $13.5 billion. RIVIAN SPAC S REAL ESTATE Retail Strategy SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 jid t F A, F. If 11 The Goal r—_ i Network of Spaces Because all Rivian vehicles are purchased directly online, our goal is ti. to: • Build a network of customer tip.. touchpoints in highly accessible and well -trafficked retail nodes 54 •, • Create physical spaces where customers can learn and test our products Deliver an engaging and unique customer experience ' Drive brand awareness through location, design, education and li experience Not a Traditional Dealership Unlike traditional dealerships, all vehicles are purchased directly from the Rivian website. • Vehicle orders can be placed in-store with the help of a specialist, or can be purchased online at your home or office • Purchases will be'builtto order' at our factory in Normal, IL • Rivian will not hold for -sale vehicle inventory on the Premises • Rivian will conduct demo drives and showcase vehicles in the Showroom RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Spaces Programming PVDduct + v3VAv)d �d IvteVAGtive Momevits Avid displays focused Dv) N &duuflovI as Well as pVoduGt Dptlov)Allty, tVip pIAV)V)iV)9 G&lebrativ)9 the IDGAI &GD5y5t&WI, &tG. DeMDVisVatiDV) Wive vehicles pAVked DV)site GAV)V)Dt be puVGhAsed Vehicle t�isplAy Portion of the pV&kI will be dedic*t d to 4,lfiG Vehnle dlsplAy 4th will act As A 9allf,q intmded for pVoduct avid braved eduGulfion — V)D q&WIe for sale DVl pVehllses FOREVER. —'� petail Min -Chu SAIes C�eVIeVAI Vetall sAIeS Df NIAVI bvanded Minch RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 T What Makes A Space? Prototypical 3500 sgft I Vehicle Performance �l I Vehicle Electric Studio Adventure Lounge + Curtain With Projection _w .w erera�oom RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Brands We Synergize With J ARCTERYX snow peak outdoor lifestyle creator sincr1958 400 E Q U I N 0 X Outdoors Voices (A) A E T H E R .o WARBY PARKER RH RESTORATION HARDWARE vuori RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Portfolio Product Types Existing & In -Development Spaces RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Existing Portfolio BURNABY, B.C. THE AMAZING BRENTWO - SEATTLE,7AG UNIVERSITY VILLAGE SAN FRANC SCO CA COMING SOON\ /GROVELAND,CA- - COMING SOON • PASADENA, CA COLORA66-B-L-V-6- V E N I C E, CA DOWNTOWN VENICE LAGUNA BEACH, CA SOUTH COAST HWY *Denotes CHARGING OUTPOST product type RIVIAN SPACES REAL ESTATE � BO ON, MA Ivillmu Suulm NEW YOR I TY, NY C H I CAG O,SI L OJF bo E -- A P KING DISTRICT GOLD to T ------------ ----------------------------- ,DENVER,CO BROOKLYN, NY RIND WILLIAMSBURG v MIAMI, FL COMING SOON IETARY & CONFIDENTIAL 2024 Ir Venice Hub + New York Pop -Up 660 Venice Blvd, Venice ft"Imasmnxr. Ov, r _ R+w p" } i a 60Z&mtb.Ave, New York .di. RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Vancouver Pop -Up + Seattle Pop -Up 4501 Lougheed Hwy, Vancouver z • L -WIL f , 460126th ywr RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Chicago Pop -Up + Brooklyn Hub 871 N Rush St, Chicago 'Ve"v York Vancouver Seattle Denver Brooklyn >� Atlanta y Yos_nitW Laguna beach Pasadena NaFhgi - X Austin Boston can Francisco 1 Keep world adventurouS ~ever i � -I" • _ _ ALI - • • RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Nashville Pop -Up + Atlanta Hub 5024 Broadway, NashvdL&. ir Building a future k�s for everyone RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Denver Hub + Pasadena Hub 2763 Blake St, De �� � G9 Water San,a v� RIVIAN SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 Laguna Beach, CA - Rivian South Coast Theater RIVIAN 162 S Coast Hwy, LdWa uC 6 41 s� $,o 1 _ �1 SPACES REAL ESTATE PROPRIETARY & CONFIDENTIAL 2024 11 U a a CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 144(C)(1)GG OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ELECTRIC VEHICLE SHOWROOMS ON A SHOPPING CENTER PARCEL WHERE NO MORE THAN ONE (1) IS PERMITTED ON THE PROPERTY LOCATED AT 19565 BISCAYNE BOULEVARD, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19565 Biscayne Boulevard, Space 1966, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the property is a shopping center with an existing electric vehicle retail showroom; and WHEREAS, the applicant, Michael Marrero c/o Bercow, Radell, Fernandez, Larkin and Tapanes, on behalf of Turnberry Associates, through Application No. VAR2404-0001, is requesting a variance from Section 31-144(c)(1)(gg) of the City's Land Development Regulations to permit a second electric vehicle showroom at the property when no more than one 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 request for variance from Section 31-144(c)(1)(gg) of the City's Land Development regulations (LDRs) to permit a second electric vehicle showroom at the property when no more than one is permitted, on property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions: City of Aventura Resolution No. 2024- 1. No on -site vehicle storage beyond the showroom and no more than six (6) vehicles stored on site for test driving purposes are allowed. In addition, no delivery of vehicles and/or service of vehicles will be permitted on site. Prior to establishing the use, the applicant will provide the City a plan with the proposed location of test-driving vehicles. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Page 2 of 3 City of Aventura Resolution No. 2024- Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 4t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. This Resolution was filed in the Office of the City Clerk this 4t" day of June, 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 3 of 3 EXHIBIT #3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.2FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY- NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R & Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager(g' BY: Keven Klopp, Community Development Directories DATE: May 31, 2024 SUBJECT: General Housekeeping Updates to the City's Code of Ordinances June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the following Sections of the City of Aventura Code of Ordinances: 1. Chapter 14 — BUILDINGS AND BUILDING REGULATIONS ARTICLE V. — CONSTRUCTION SITES Sec. 14-100. — Securing of construction sites; other requirements. 2. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE VII. — USE REGULATIONS Sec. 31-143. — Residential Zoning Districts 3. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE IX. — SIGN REGULATIONS Sec. 31-191. — Sign regulations generally. 4. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE X. — LANDSCAPING REQUIREMENTS Sec. 31-221. — Landscaping requirements. 5. Chapter 38 — SOLID WASTE ARTICLE II. - COLLECTION FRANCHISES Sec. 38-48. — Office hours; collection hours. 6. CHAPTER 45 — TELECOM UNICATIONS ARTICLE II. - TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF - WAY Sec. 45-38. — Use of rights -of -way. BACKGROUND City staff periodically reviews the City's Code of Ordinances to address any necessary corrections, clarifications, or recommendations for improvement. THE PROPOSED AMENDMENTS The proposed amendments to the Code of Ordinances are provided as exhibits attached to the proposed ordinance. ANALYSIS The following sections of the City's Code of Ordinances have been amended in accordance with Section 1-11.- Amendments to Code; effect of new ordinances; amendatory language - as outlined below: Sec. 14-100. — Securing of construction sites; other requirements. This amendment aims to maintain cleanliness and safety at construction sites by requiring the covering of dumpsters when not in use. Uncovered dumpsters often attract unauthorized dumping of waste, which can lead to environmental pollution and hazards. Sec. 38-48. — Office hours; collection hours. This amendment aims to establish appropriate collection hours for solid waste disposal that align with those established by the noise ordinance requirements, thereby mitigating disturbances to residents and maintaining community tranquility. Sec. 45-38. — Use of rights -of -way. The purpose of this amendment is to correct references to a non -existing section of the code, Section 28-2, and replace it with the applicable reference, Sec. 42.1. The amendments to Chapter 31 — Land Development Regulations were reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendments are legally required. The proposed amendments are legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. oil The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan of providing as per details provided on Paragraph 3 below. (3) The proposed amendments are consistent with the authority and purpose of the LDRs. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendments further the orderly development of the City. The proposed amendments further the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendments improve the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process as it provides necessary corrections and clarifications. 3 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS -OF -WAY" OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") periodically performs a review of its Code of Ordinances ("Code") to identify terms that need updating or clarification; and WHEREAS, the City recently reviewed its Code and determined such revisions are warranted in Chapters 14, 31, 38 and 45; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its ordinances as recommended by staff and specifically identified in Exhibit "A," which is attached and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amendments. That the following Chapters are amended in accordance with Exhibit A, which identifies additions to the existing Code with underlining and deletions with strikethrou h features: • Chapter 14, Article V, Section 14-100, "Securing of construction sites; other requirements." • Chapter 31, Article VI I, o Section 31-143, o Section 31-191, o Section 31-221, "Residential Zoning Districts." "Sign regulations generally." "Landscaping requirements." • Chapter 38, Article II, Section 38-48, "Office hours; collection hours." • Chapter 45, Article II, Section 45-38, "Use of rights -of -way." City of Aventura Ordinance No. 2024- Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re -numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" Chapter 14 - BUILDINGS AND BUILDING REGULATIONS! ARTICLE V. - CONSTRUCTION SITES Sec. 14-100. - Securing of construction sites; other requirements. (f) Prohibitions; requirements. (1) The owner, occupant or user of a construction site shall not engage in any activity which poses a danger to persons located off of the construction site, from debris, materials or activities carried on at the construction site, and shall take necessary precautions. A contractor engaging in work at a site or pulling a building permit for a site constitutes a "user" of a site. (2) The owner, occupant or user of a construction site (other than one solely consisting of a single-family or duplex residence which is not part of the construction of a development) shall secure the site from unauthorized access between the hours of 6:00 p.m. of each day to 6:00 a.m. of the next day by the use of a locked fence and/or security guard. (3) The owner, occupant or user of a construction site shall keep all access roads to the construction site clear of debris for safe travel by authorized persons. (4) In the event that a hurricane watch is issued by the United States Weather Bureau, the owner, occupant or user of a construction site shall comply with the requirements of section 5-16 of the Miami -Dade County Code, by taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose objects. (5) Motor vehicles which are used by construction workers and others involved in the construction of the project at the site for the purpose of commuting to or from the site, shall not be parked off of the site of the project except in an area or location which shall be first approved in writing by the City Manager or his designee. Parking areas are to be properly screened from the public and shall not be detrimental to the surrounding neighborhood. The City approval shall be based on assuring that: public street or rights -of -way are not blocked; that adequate parking remains for existing residences and businesses; and that any impact to public parking resources is mitigated. (6) Any construction vehicles or equipment involved in construction at a site which block a public roadway or right- of-way shall require a City right-of-way use permit and approval, with appropriate conditions, as issued by the City Manager or his designee, 72 hours in advance of any such activities which impact a public right-of-way. (7) The owner, occupant or user of a construction site shall comply with the restrictions of subsection 30-33(15) "Construction" of the City Code which regulates noise related to construction activities. (8) The owner, occupant or user of a construction site shall complete job site maintenance, on a daily basis, prior to the conclusion of each day's work. Daily job site maintenance shall include the following: a. Sweeping of public roadways which are directly affected by construction site dust, debris or activities; 1 Underlined text indicates insertions. Stricken -through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" b. Pick up and disposal of litter at or generated by the construction site; c. Washing down of any street signs or public facilities which are impacted by dust or debris from the construction site activity; d. Stacking of materials and equipment which are visible from a public right-of-way in an orderly appearance; e. Stacking of construction materials in a manner which assures that the materials and the material packaging shall not fall or be transported into any canals, lakes, drainage facilities or other water bodies in the vicinity of the site; f. Watering of exposed loose earth at the site so as to minimize off -site transport of particulate matter; g. Compliance with additional job site maintenance components which are described in an applicable job -site plan (the "Plan") for the project site. h. Construction dumpsters must be covered at all times when not in use. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" Chapter 31- LAND DEVELOPMENT REGULATIONS, ARTICLE VII. - USE REGULATIONS Sec. 31-143. - Residential Zoning Districts. (f) „ 6f ... y Migh D , 4t R -d-e tk 1 oi_44 ;68 /Room l Multifamily Medium High Density Residential Districts RMF4 The following regulations shall apply to all RMF4 Districts. ARTICLE IX. - SIGN REGULATIONS Sec. 31-191. - Sign regulations generally. (k) Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations: (11) Temporary signs must be posted in accordance with the following tables. (11) Temporary Window Sign During Construction of Tenant Space: Residential Non -Residential District District Approvals Not Sign Permit Required necessary permitted Number One per establishme +t One per window (maximum) Sign area Ten percent of window area up to a maximum of ten square feet (maximum) Time Limit Permitted for a 12-month period from date of building permit issuance until the date of issuance of a Certificate of Completion or Occupancy, or until a permitted temporary banner is erected, or until a permitted permanent wall sign is erected, whichever first occurs 1 Underlined text indicates insertions. Stricken -through text indicates deletions. EXHIBIT "A" ARTICLE X. - LANDSCAPING REQUIREMENTS Sec. 31-221. - Landscaping requirements. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 (j) Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater, or trees with an overall height of twelve feet and greater, shall be removed or relocated without a permit from the community development department of the city. In evaluating whether to grant a tree removal permit, the Director or Designee shall consider the size, species (native or not), health, rareness and age of the tree. A tree survey identifying all existing trees over three inches in diameter or trees with an overall height of 12 feet and greater shall be included with any building permit application. This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the identification number of each tree, botanical name and common name of each tree, diameter at breast height (DBH) of each tree, height and canopy spread of each tree, condition and disposition of each tree. An arborist's report may be required at the discretion of the Community Development Director. In addition, all applicable portions of Section 24-49 of the Code of Miami -Dade County are adopted herein. Applicability of the Miami -Dade County Ordinance shall be as determined by the Director or Designee. EXHIBIT "A" Chapter 38 - SOLID WASTE, ARTICLE II. - COLLECTION FRANCHISES Sec. 38-48. - Office hours; collection hours. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 (a) The franchisee's office shall remain open Monday through Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling complaints; and for that purpose, there shall be maintained an adequate number of telephones and a responsible person in charge during the hours specified. These requirements do not apply on legal holidays. (b) Collections shall normally be made in residential areas no earlier than 6!Q0 a-rw.7:00 a.m. and no later than 7:00 p.m., or as otherwise prescribed by the City, with no service on Sunday, except in time of emergency or to maintain schedules due to holidays. Changes to these hours must be approved by the City Manager. Chapter 45 — TELECOMMUNICATIONS, ' Underlined text indicates insertions. Stricken -through text indicates deletions. ' Underlined text indicates insertions. Stricken -through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" ARTICLE II. -TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY Sec. 45-38. - Use of rights -of -way. (a) A facility owner agrees at all times to comply with and abide by all applicable provisions of the State statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with State and Federal laws. (b) Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, and which shall require subsequent notification to the City, no telecommunications service provider shall construct any facility on, over, above, along, upon, under, across, or within any public right-of-way which disrupts the public rights -of -way without first filing an application with and obtaining a permit from the City therefor, pursuant to applicable permitting requirements of the City, including but not limited to section 24�-2 42-1 of the City Code, except as otherwise provided in this article. In case of the repair or maintenance of an existing facility, the City may impose lesser requirements than those set forth herein. Unless otherwise required by the City Code, no permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the public rights -of -way. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager Cy!�— DATE- May 31, 2024 SUBJECT: Ordinance Revising the Land Development Regulations to Modify the Prohibition on Billboards June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission modify the prohibition on billboards in the City to allow the City Commission to approve them on a case by case basis. THE REQUEST The Land Development Regulations currently designate billboards as prohibited signs. The Code's only exception was to grandfather those billboards that were already in existence when the prohibition was enacted. The proposed amendment allows the City Commission to approve billboards on a case by case basis. BACKGROUND The City Commission, at its April 2024 Commission Workshop, indicated its support for a new billboard on the west side of Biscayne Blvd. near NE 206 Street. The proposed amendment is necessary to facilitate that approval. ANALYSIS The City will gain substantial revenue from the billboard(s) it allows. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the " City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, the City Commission finds the Land Development Regulation's strict prohibition of billboards to be unnecessarily restrictive; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; 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 proposed amendment, and finds that it is in the best interest of the public to amend Section 31-191(f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. Section 31-191(f) "Prohibited Signs" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows' Underlined text indicates insertions. City of Aventura Ordinance No. 2024- (f) Prohibited signs. The following are prohibited: (12) Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12, protected by F.S. § 479.15(2), and/or expressly allowed by the City Commission by Resolution. 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. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. 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 Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. 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 Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. This Ordinance was filed in the Office of the City Clerk this 2nd day of June, 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 3 of 3 CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director M DATE: May 31, 2024 SUBJECT: Ordinance Amending Procurement Code Sec. 2-252, 2-253 and 2-256 to Increase Purchase Threshold from $50,000 to $100,000 June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance which amends the City procurement code sections 2-252, 2-253 and 2-256. BACKGROUND At the May 2024 Commission Workshop, there was a discussion about exploring a change to the City's Procurement code to increase the threshold for purchases requiring City Commission approval and formal competitive bidding. The City's Procurement code currently requires City Commission approval and formal competitive bidding on all purchases over $50,000. The City's threshold for Commission approval and competitive bidding has not changed since 2006. In addition, rising costs and labor shortages are making it more difficult to procure goods and services in a timely manner with this threshold and has led to delays for multiple City departments. A survey of cities in Dade and Broward (Exhibit A) is attached and shows that 20% of cities have thresholds at or over $100,000. Increasing the threshold to $100,000 will bring the City to a more appropriate level and provide for a more efficient procurement process. Procurement Thresholds by Municipality Municipality Population What is your agency's threshold for Formal (sealed) solicitation? City of Parkland 34,170 Over $50,000 What is your agency's monetary threshold for City Council/Commission approval Over $50,000 annual or $150,000 multi -year Town of Davie 105,000 Over $35,000 Over $65,000 City of Hallandale Beach 39,656 Over $50,000 - Goods and Services Over $25,000 - Professional Services Over $50,000 - Goods and Services $25,000 - Professional Services City of Wilton Manors 15,000 Over $20,000 Over $20,000 City of Miami Beach 95,000 Over $100,000 - Goods and Services Over $300,000 - Cconstruction Over $100,000 - Goods and Services and $300,000 - Construction Town of Highland Beach 8,000 Over $25,000 Over $25,000 Broward County 2 million Over $100,000 Over $500,000 City of North Lauderdale 44,020 Over $25,000 Over $25,000 City of Coconut Creek 61,000 Over $50,000 Over $50,000 City of Pembroke Pines 173,591 Over $25,000 Over $25,000 City of Deerfield Beach 81,066 Over $30,000 Over $30,000 City of Tamarac 65,000 Over $65,000 City of Boca Raton City of Miami Gardens 90,000 Over $50,000 Over $100,000 for non construction, $150,000 for construction 111,363 Over $25,000 Over $50,000 City of Fort Lauderdale 180,124 Over $100,000 Over $100,000 City of Miami 454,279 Over $25,000 Over $50,000 for goods and services, over $100,000 for constructon City of Pompano Beach 110,062 Over $75,000 Over $75,000 City of Coral Springs 132,568 Over $20,000 Over $45,000 City of Boynton Beach 80,139 Over $35,000 - Non -Construction Over $100,000 - Construction Over $10,000 Over $35,000 for Non -Construction, Over $100,000 for Construction City of Greenacres 39,945 Over $35,000 City of Sunrise 90,000 Over $24,999 Over $24,999.99 City of Sunny Isles Beach 23,869 Over $50,000 Over $50,000 City of Riveria Beach 36,800 Over $25,000 Over $25,000 Town of Southwest Ranches 7,921 Over $25,000 Over $10,000 Village of Wellington 65,000 Over $65,000 Over $50,000 City of Weston 71,166 Over $100,000 Over $100,000 City of Miramar 142,445 Over $75,000 Over $75,000 City of Plantation 93,449 Over $100,000 Over 35,000 City of Margate 58,796 Over $25,000 Over $25,000 Broward Sheriff's Office (BSO) N/A Over $100,000 N/A City of Hollywood 154,000 Over $50,000 Over $100,000 City of West Palm Beach 127,014 Over $50,000 - Non -Construction Over $100,000 - Construction Over $25,000 City Commission approval not based on monetary value. Commission approval required for certain types of construction, insurance or contracts which require approval pusuant to F.S.S. Miami Shores Village 11,570 Over $25,000 Town of Hillsboro Beach 1,959 Over $25,000 Over $15,000 City of Aventura 40,806 Over $50,000 Over $50,000 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE IV "FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Aventura's ("City") Code of Ordinances ("Code") authorizes the City Manager to approve contracts more than $5,000.00 but less than $50,000 without City Commission approval; and WHEREAS, the City Commission finds it is in the best interest of the City and its residents to increase the City Manager's authorization to $100,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 3 "Purchasing"," in Article IV "Finance, Chapter 2 "Administration," is hereby amended to increase the City Manager's authorization to approve contracts as follows: CHAPTER 2 — ADMINISTRATION ARTICLE IV. — FINANCE Division 3. — PURCHASING Sec. 2-252. — Purchasing guidelines (b) Purchases of more than $5,000.00 but no more than $58,000.0 $100,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is in excess of $5,000.00 but which is no more than $50,888.00 $100,000.00 may be made or entered into by the City Manager without City Commission approval, provided that three quotations are obtained from individual vendors, where reasonably feasible. Single purchases and 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2024- contracts of greater than $50,890.00 $100,000.00 shall not be artificially divided into multiple segments to bypass the informal competitive bidding requirements of this division. (c) Purchases of $50,000.0 more than $100,000.00 . Except as exempted by sections 2-253 and 2-256, purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is more than $50,800.00 $100,000.00 shall be awarded by the City Commission after formal competitive bidding. Section 2-253. - Exemptions from competitive formal bidding. (3) Professional services. Contracts of $50,800.00 $100,000.00 or less for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers, and other professions licensed and regulated by the State, and (if not exempted pursuant to subsection (2)d. above) contracts for those professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") which do not exceed the Category Two CCNA threshold amount which is described in F.S. § 287.017(1)(b), may be entered into by the City Manager without formal competitive bidding under this division, unless otherwise required by applicable law. (4) Purchases below minimum amount. Purchases of $50 000.00 $100,000.00 or less shall be exempt from the competitive bid requirements, unless otherwise mandated by applicable law. Section 2-256. - Award of professional services contracts. The requests for proposal/requests for qualification process shall be utilized for the awarding of contracts of more than $50,000.00 $100,000.00 for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers and other professions licensed and regulated by the State, and for professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") unless exempt under subsection (2)d. above as a continuing contract under the CCNA. All such awards shall be made by a resolution adopted by the majority of the City Commission. The City Commission may, by motion, waive the requirements to utilize requests for proposals/requests for qualifications if it is determined to be in the best interests of the City to do so or as otherwise authorized by law. 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 Page 2 of 4 City of Aventura Ordinance No. 2024- 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. Codification. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflict. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2024- PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. HOWARD S. WEINBERG, ESQ., MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 4 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: May 3, 2024 SUBJECT: An Ordinance to Repeal the Art in Public Places Board May 7, 2024 City Commission Meeting Agenda (First Reading) June 4, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance to repeal the Art in Public Places Board. BACKGROUND The City Commission passed Ordinance No. 2012-16, which created the Art in Public Places Board ("Board"). Pursuant to Section 3.11 of the City Charter, the City Commission is empowered to terminate City boards and agencies as it may deem advisable from time to time. The City remains committed to considering input from City residents and other interested parties concerning the placement of works of art at City owned and/or City operated parks, buildings and facilities. However, due to the Board's lack of activity over the years, the City Commission believes the existence of an advisory board to assist the City with the above mentioned tasks is no longer warranted. Fiscal Impact This item has no impact to the City's budget. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 3.11 of the City Charter grants the City Commission with the authority to create and terminate city advisory boards; and WHEREAS, the City Commission desires to disband the Art in Public Places Board due to inactivity; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 6 "Art in Public Places Advisory Board" in Article III "Advisory Boards," Chapter 2 "Administration," is hereby amended to repeal Division 6 in its entirety as follows: CHAPTER 2 — ADMINISTRATION ARTICLE III. — Advisory Boards .. ..r i -. -. - - V - - - ._ l l Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFikethFeUgh. City of Aventura Ordinance No. 2024- Q. �� D. .. .UOU ._ �� �. ._ I� - ,A ._ .R .O�..-... r m,z M Me -oz. I -, We - re���:r_-rzrrra:�i�rrte:anr_�e�:nrs_r. :M ace e. le ••� Page 2 of 5 City of Aventura Ordinance No. 2024- Board. OffiGial aGtien shall be taken by the Beard enly upen the GenGUrring ve least three affirrnafive votes shall be required fGF OffiGial aGtien. Board, .- �� -City Corn sist the City and seleGting • - --ated buildings and faGilities,- to further enhanGe the diverse array parks, Of GUltural and edUGatienal .. Manager _ .- Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 3 of 5 City of Aventura Ordinance No. 2024- Section 4. Codification. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflict. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Bloom, who moved its adoption on first reading. This motion was seconded by Commissioner Kruss and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 4 of 5 City of Aventura Ordinance No. 2024- PASSED on first reading this 7t" day of May, 2024. PASSED AND ADOPTED on second reading this 4t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 5 of 5