Loading...
03-04-08 Item 2ag0 U 7',I O 41 i 'r INCORPORATED 1927 I0{t It,' CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: City Commission From: W. Ajibola Balogun ' Acting City Manager/ Public Works & Engineering Director Concern No. 1: Update on following outdoor dining issues: • Pedestrian accessibility within the sidewalk Outdoor piling of chairs, tables and umbrellas Action Taken: Date: March 4, 2008 Re: Commission's Concern e;L Ca) Pedestrian accessibility along the sidewalk: The Planning Department invited all restaurants with outdoor seating permit to two meetings held on February 13th & 15th. During the meeting, the Planning Department staff discussed several issues to include, minimum clearance for pedestrian accessibility/ seating area restriction; Ordinance No. 16 -01 -1747; Application to Permit Dogs in Restaurant Outdoor Seating Areas; Ordinance No. 09 -07 -1910; and the Food Service Establishment Affidavit. See attached Exhibit "A" for the package distributed during the meeting and the attendance sign -in sheets for the meetings. The package was also sent to restaurant owners that did not attend any of the meetings. Outdoor piling of chairs, tables and umbrellas: Since the last commission meeting, we have met with the City Attorney's office regarding the need to establish a policy that would not allow outdoor piling of chairs, tables and umbrellas in front of restaurants. Following our meeting, the City Attorney prepared a draft ordinance for our review. We intend to immediately submit the ordinance-to applicable board and the City Commission, following our review. Concern No. 2: Update on Evaluation & Appraisal Report (EAR) with schedule. Action Taken: Attached as Exhibit "B" is a synopsis on the EAR process and detail schedule of activities required. Concern No. 3: Request to address traffic problems due to valet parking in front of Dan Marino's restaurant. CADocuments and Settings\abalogunWy Documents\Memo 2008 - Response to Commission's request \03 -04 - City Commission's Concern.doc Page 2 of 2 Commission's concern March 4, 2008 Action Taken: Immediately following last City Commission meeting, Captain Michael D'Angelo and I met with the owners of the centralized parking company to discuss the concern. During the meeting, we established the acceptable operating procedure and the consequence if they do not adhere to the procedure. The Police Department has been directed to monitor the areas. Concern No. 4: Update on Air Conditioning unit /mechanical equipment sound meter. Action Taken: On Thursday, February 21, 2008 we met with the representative of Bruel & Kjaer North America, Inc. (B & K), as scheduled. After much presentation on the types, of available sound metering equipment, we decided on the "Handheld Analyzer 2250 Light" for the day's demonstration. Attached as Exhibit "C" is the minutes of the meeting and site visit. The B & K representative promised to send us additional information on tonality and cost for equipment rental for the final demonstration before presenting the policy for consideration. Concern No. 5: Request to establish truck delivery policy within the business district. Action Taken: Immediately following the last City Commission meeting, we met with the City Attorney's office to craft the policy. To date, we are collecting data about the current delivery time and we are collecting data from other cities with similar business district. As soon as we have a legally sufficient policy, we intend to submit for consideration immediately. Concern No. 6: To provide the following update on the property located at the southeast corner of SW 74th Street & SW 59th Place: • Occupational license issue. • Unity of title Action Taken: The attached Exhibit "D" addresses the concern. Should you need additional information on any of the issues above, please do not hesitate to contact me. END OF MEMORANDUM CADocuments and Settings\abalogun\My Documents\Memo 2008 - Response to Conunission's request \03 -04 - City Commission's Concem.doc Exhibit "A" 3 �„�flooy2 S�r►t��a 0 r7eA�ms on ayl e by pub mil 2�,� ' Sri U'� �P,dt ✓QM� ' IVO - mclAes �rnm GUr� s � AvoA400fi Te"AAM ;) f . 0�1 � w1 Ar►�u�` M► W mum «.xAAV!S Gt�►';I Mtj4iMjAA 15 fv� ' 4 SA=le� ►►�MAa►vx ilea r UoT� : � -w�o�i buuv✓� r�u► -u,lo� e� nvrwWX YeAam'a V45; i,&i (,In vin In0�U �v r' (100 Y1 DY V4� Ir v r • ciea-��t a reA rem cJ 4A� o r v0 , v►nti1, i Mks cvr ��� Cm:zxe-L�-.-r -mi-Va&n- on w /ayinu a, wri CQYI 7• 1 Hit-gmyM Z8; inks �"m Gve� MIHIMO�A �Cwi of eivv�a i yx molt y� ybUVl� Ou "a auYa YI ae o tob e.�c on �a wuvwl ' CITY OF SOUTH MIAMI Planning & Zoning Department © City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Phone: 305.663.6326 ; Fax: 305.668.7356 APPLICATION FOR OUTDOOR SEATING / DINING Restaurant Name: Phone: Address: Applicant: Address: Applicant's signature Date Property Owner's signature Date Phone: South Miami, Florida NOTICE This permit is not transferable in any manner, and is strictly a conditional use permit issued for a period of one year, renewable annually at time of occupational license renewal. Fee: $250 annual fee for seating on public sidewalks ; fee waived for first year of operation. ( Ord. 21 -03 -1805) If application is not a renewal, outdoor seating/dining area and use for the above restaurant must be approved by the City Manager, as shown by signature below, of this application. All of the standards and regulations set forth in the Land Development Code Section 20- 3.3(E) or Section 20 -7.29 (if located in the Hometown Zoning District), shall be applicable to an outdoor seating/dining area. SPECIAL NOTICE Outdoor seating/dining use may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, or emergency situations. The length of suspension shall be determined by the city manager, as necessary. Violations of provisions contained in the Land Development Code set forth above or violations of Federal regulations pertaining to handicap access may also result in the suspension or revocation of an outdoor seating/dining use permit by the City Manager. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating/dining. Check if application is a renewal: Materials to be submitted and attached hereto: • outdoor seating/dining area plan Outdoor seating/dining area (in square feet): • indemnity agreement Number of indoor seats: • proof of insurance Number of outdoor seats proposed: • adjacent property used for seating /dining area Address (submit consent form) APPROVED City Manager's signature Date Attachments:IndemnityAgreement, Ord. 16 -01 -1747 C: Finance Department X:\Forms \Outdoor seating & dining appl.doc rev. 1 -24 -08 ORDINANCE NO. 16 -01 -1747 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department has initiated a program to update, clarify, and improve the provisions of the City's Land Development Code and to update provisions of the City's Land Development Code; and WHEREAS the Planning Board has expressed concern that the current standards governing outdoor seating/dining areas for restaurants, contained in Land Development Code Section 20- 3.3(E), and Section 20 -7.29 both require additional standards in order to limit the number and location of seating, require a specific width of unobstructed pedestrian passage; to require maintenance and cleaning of outdoor seating areas, to protect pedestrians from injury; and to require insurance and a hold harmless clause; and WHEREAS, the Planning and Zoning Department has reviewed the subject regulations and has prepared an ordinance amending LDC Section 20- 3.3(E) and LDC Section 20- 7.29in order to provide the additional requirements and standards; and WHEREAS, at its May 29, . 2001 meeting, after public hearing regarding the proposed amendments to Sections 20- 3.3(E) and 20 -7.29 of the Land Development Code, the Planning Board voted 5 -2 to recommend approval of the proposed amendments to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.3(E) of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 Permitted Use Schedule (E) Outdoor Scating/Dining for All Commercial Properties, except for Properties in the RO Residential Office Zoning District. (1) An application must be filed, which shall include layout of all tables, chairs, benches, and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). (2) (2) Outdoor seating/dining areas and uses of the public right -of -way and/or any private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations by the City Manager. Such permit shall not be transferable in any manner and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for such outdoor seating/dining uses. (3) The fee for outdoor dining/seating use and area will be waived for the first year of operation, and shall be charged annually in the amount of two hundred fifty dollars ($250.00); the permit fee shall be added to the occupational license fee for the main business. (4) The applicant shall provide an indemnity agreement that is acceptable to the city manager. This agreement will include specification of liability insurance provided. (5) The conditional use permitting of outdoor seating/dining use and area may be revoked by the city manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating/dining area and use are being operated in a manner that constitutes a public nuisance, or in any way that constitutes a reasonable risk pf potential liability to the city. (6) Outdoor seating/dining use and area may be temporarily suspended by the city manager for public use /purpose, utility, sidewalk or road repairs, emergency situations, or violations of provisions contained lierein. The length of suspension shall be determined by the city manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the m -nc: /op ^rator of the outdoor scating/dining. k7) Oatdooi seating/dining area shall be%kept in a neat and orderly appearance and shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning and sweeping of the outdoor seat ii dining area and for the and maintenance of anv outdoor planters immediately adiacent to the outdoor seating/dining area. Cleaning shall include twice - monthly pressure cleaning or other appropriate cleaning methods, as deternined by the City. Use of City sidewalks for trash and garbage removal shall be prohibited. (8) Outdoor seating/dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any other commercial establishments. The width and location of the sidewalk pedestrian passage shall be as follows: is . a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian passage; b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between the two seating areas must remain clear and unobstructed for pedestrian passage." c) All tables, chairs and umbrellas shall be located a minimum of 18 inches from the curb. (9) Outdoor seating/dining area on the public rights -of -way shall be open and un- enclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property. (3) (10) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights -of -way shall not be anchored or restrained in any manner. Individual table umbrellas, planters, or other such non - stationary elements may be permitted within the outdoor seating/dining area and where applicable shall have a minimum clearance height of seven (7) feet above the sidewalk. (11) Outdoor seating/dining use and area on public rights -of -way shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe or other establishment. The utilization of space extending on-eWw one adjacent side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form shall be provided to the City and shall include an insurance policy naming the City as co- insured and a hold liarniless clause in favor of the City. (12) Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or public right -of- -way. (13) Carts and trays for serving food are permitted in the outdoor seating/dining area. (14) Outdoor seating/dining use and area shall not be provided with amplified sound of any kind. LM The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating, except for restaurants Nvith indoor seating of 25 seats or less, which may have outdoor seats no! to—, _,...::. exceed of tli- nuaib,:r i., indoor seats. Section 2 That Section 20 -7.29 of the South Miami Land Development Code is hereby amended to read as follows: Hometown District Overlay Zone Section 20 -7.29 Outdoor seating/dining uses and areas. (A) An application may be accepted for any proposed siting of outdoor seating/dining uses and areas for any property within the Hometown District, including, but not limited to, those areas which are designated as pre- approved on the Regulating Plan. An application must be filed, which shall include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). (B) Outdoor seating/dining areas and uses of the public right -of -way and/or any private property may be approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for the outdoor seating/dining use. (C) The fee for outdoor dining/seating uses and areas will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of $250; the permit fee shall be added to the occupational license fee for the main business. (D) The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This agreement will include specification of liability insurance provided. (4) (E) The conditional use permitting of outdoor seating/dining uses and areas may be revoked by the City Manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating/dining area and use are being operated in a manner which constitutes a public nuisance, or in any way constitutes a reasonable risk of potential liability to the City. (F) Outdoor seating/dining uses and areas may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating/dining. (G) Outdoor seating/dining areas shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning and sweeping of the outdoor seating/dining area and for the cleanliness and maintenance of any outdoor planters immediately adjacent to the outdoor seating/dining area. Cleaning shall include twice - monthly pressure cleaning or other appropriate cleaning methods, as determined by the City. Use of-City sidewalks for trash and garbage removal shall be prohibited. (H) Outdoor seating/dining uses and areas shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial establishments. The width and location of the SidcNvalk ucdcstr an passage sha :- -' .:s follows: -is-to be deteRilined by flie Building, ing-and -Gemnsm*ily­ velepmant - BepaAmeni- (a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian passage; (b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between the two seating areas must remain clear and unobstructed for pedestrian passage." (c) All tables, chairs and umbrellas shall be located a minimum of 18 inches from the curb. (I) Outdoor seating/dining areas shall be open and unenclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property, except as allowed by Sections 20 -7.7 through 20 -7. 11. (l) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted within the outdoor seating/dining area. and where applicable, shall have a minimum clearance height of seven (7) feet above the sidewalk. (K) Outdoor seating/dining uses and areas shall be restricted to (lie length of the sidewalk or public right-of- way immediately fronting the cafe and/or restaurant establishment. The utilization of space extending on esker one adjacent side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form shall be provided to the Cty_and shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. (1-) (M) (N) (5) Outdoor seating/dining areas shall be at the same elevation as the adjoining sidewalk or public right -of- way. Carts and trays for serving food are permitted in the outdoor seating/dining area. Outdoor seating/dining uses and area shall not be provided with. amplified sound of any kind. LM The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating, except for restaurants with indoor seating of 25 seats or less which may have outdoor seats not to exceed 100% of the number of indoor seats. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 This ordinance shall take effect immediately after adoption hereof.. ATTEST: PASSED AND ADOPTED this 24� day of July, 2001 .1*.: I ,6 CITY CLERK J I" Reading — 6/12/01 2 °d Reading — 7/24/01 (as amended) READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Robaina : Yea Vice Mayor Feliu: Yea Commissioner Russell : Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea NOTE: New wording underlined. wording to be removed indicated by strike- through. CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 305- 663 -6326 Application To Permit Dogs in Restaurant Outdoor Seating Areas (Application and permit regulations as set forth in Ordinance No.09 -07 -1910; LDC Section 20 -4.12) Name of Restaurant Address of Restaurant Applicant Applicant's address _ Phone(s) Florida State Food Service License Number: Days of the Week/ Hours of operation when Dogs will be permitted in designated outdoor area: ATTACHMENTS REOUIRED: Copy of Restaurant's City Occupational License Rec'd_ Copy of Restaurant's City Outdoor Seating Permit Rec'd_ Outdoor Restaurant Area Plan, containing information Rec'd_ specified in LDC Section 20- 4.12(A)(4) Food Service Establishment Affidavit Rec'd PERMIT APPROVED* Date Planning Director *All permits are subject to Applicable Standards in LDC Section 20 -4.12 (B) and as set forth in attached affidavit. *All permits are subject to the enforcement provisions set forth in LDC Section 20 -4.12 (C). Attached. Affidavit Form Ordinance 09 -07 -1910 P.WormsIPB -Dogs in Restaurants application.doc ORDINANCE NO. 09 -07 -1910 AN ORDINANCE OF THE .MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, In 2006, the Florida State Legislature enacted Chapter 509.233 which will permit local governments to adopt legislation allowing dogs in designated areas of outdoor restaurants notwithstanding the current provisions of State law (s. 509.032(7)) which prohibits dogs in the outdoor portions of public food service establishments; and WHEREAS, the City of South Miami has been requested to enact the necessary Land Development Code amendment which would allow dogs in the outdoor portions of public food service establishments; and WHEREAS, the Planning Department has prepared Section 20 -4.12 entitled "Regulations permitting dogs in outdoor seating areas of public service food establishments" as an amendment to the Land Development Code which would allow dogs in the outdoor seating areas of public food service establishments ; and WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing, approved a motion by a vote of 6 ayes 1 nay recommending that the proposed Land Development Code amendments contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -4.12 of the Land Development Code is hereby enacted and will read as follows: Section 20 -4.12 Regulations permitting dogs in outdoor seating areas of public service food establishments (Al Application for Permit. A restaurant seeking a permit to allow dogs, in outdoor seating areas shall submit the following . information to the Planning Department: (1) The name, location, and mailing address of the public food service establishment. (2) The name, mailing address, and telephone contact information of the permit applicant. (3) A copy of the establishment's current City occupational license, City Outdoor Seating Permit, and Florida State Food Service License number: Ord. No. 09 -07 -1910 2 (4) A diagram and description of the outdoor area to be designated as available to patrons dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons dogs; any fences or other barriers; surrounding property lines and public rights -of -way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. (5) A description of the days of the week and hours of operation that patrons dogs will be permitted in the designated outdoor area. (6) A sworn affidavit, which confirms that the food service establishment will conform to .all of the applicable standards contained herein and agreeing that the City, upon probable cause to believe that there is a violation of one or more 'of the standards so stated, may inspect the property to determine if there is a violation. Failure to allow an inspection will result in the automatic cancellation of the permit. Failure to correct code violations, after notice, will also result in the cancellation of the permit. (B) Applicable Standards. in order to protect the health, safety, and general welfare of the public, the following requirements and standards must be enforced by the establishment receiving a permit which allows dogs in outdoor seating areas: (1) All public food service establishment employees shall wash their hands promptly after touching, petting, providing service as set forth in No. 7 below, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. (2) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (3) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. (4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control at the table where the patron is sitting. (5) Dogs shall not be allowed on chairs, tables, or other furnishings. (6) All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. Ord. No. 09 -07 -1910 (7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. (8) A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. (9) A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. The sign shall indicate that any patron may contact the South Miami Code Enforcement Department or the Police Department to report any failure to enforce the applicable rules. (10) A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs. (11) Dogs shall not be permitted to travel through indoor or non - designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment. (C) Issuance of Permits and Enforcement (1) The Planning Department shall issue a permit upon satisfaction that the restaurant has submitted the required elements set forth above in (A) and upon the payment of the appropriate fee to the Finance Department. The permit allowing dogs in outdoor seating areas of public service food establishments may be renewed annually and issued in conjunction with the annual occupational license. (2) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to re -apply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons dogs. (3) The Code Enforcement Division shall regulate and enforce the provisions of this section. (4) If the restaurant is, in the future, determined by the Director of Planning to be adversely affecting; the health or safety of persons residing; or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the permit approval may be modified or revoked by the City Commission upon notification and public hearing. Section 3. The regulations set forth in this amendment shall remain in effect until July 1, 2009 or until such time as established by the Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord. No. 09 -07 -1910 4 Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 9(71k. day of 2007 ATTEST: APPROVED: ? CITY CLE MWOR I" Reading —4/3/07 2nd Reading— 4/24/07 READ AND APPROVED AS TO FORM: CITY ATTO COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts Yea Commissioner Beckman: Nay P: \Comm Items\2007 \4- 3- 07\PB -07 -006 LDC Amend Dogs Ord.doc FOOD SERVICE ESTABLISHMENT AFFIDAVIT South Miami Land Development Code Section 20- 4.12(A)(6) In order to protect the health, safety, and general welfare of the public, the applicant agrees to enforce the following requirements and standards at the establishment receiving a permit which allows dogs in outdoor seating areas: (1) All public food service establishment employees shall wash their hands promptly after touching, petting, providing service as set forth in No. 7 below, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. (2) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (3) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. (4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control at the table where the patron is sitting. (5) Dogs shall not be allowed on chairs, tables; or other furnishings. (6) All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. (7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. (8) A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. (9) A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. The sign shall indicate that any patron may contact the South Miami Code Enforcement Department or the Police Department to report any failure to enforce the applicable rules. (10) A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs. (11) Dogs shall not be permitted to travel through indoor or non- designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment. Date Restaurant Owner P. of N 37;4 Wf 4?A-/ v to (A el'o, W-41C., -z- r`4 D -ri TZD OZI 3,� a f i,- PLANNING DEPARTMENT sour y 6130 SUNSET DRIVE o4 3r SOUTH MIAMI, FLORIDA 33143 F 305 / 663 -6326 FAX 666 -4591 INCORPORATED 1927 P � O R,00) Outdoor Seating Locations in South Miami Not attending Feb Meetings 1. Morning Call Bakery 5868 SW 72 Street 2. Sega Game works 5701 SW 72 Street 3. Blu Pizzeria 7201 SW 59 Avenue 4. Deli Lane 7230 SW 59 Avenue 6. Macabi Cigars 5861 SW 72 Street 7. Trattoria Sole 5894 SW 72 Street 8. San Gelato Cafe 5701 SW 72 Street 9. Starbucks Coffee 5796 SW 72 Street 10. Johnny Rockets 5701 SW 72 Street 11. Einstein Bagels 5948 SO Dixie Hwy 12. Dan Marino's 5701 SW 72 Street 13. Marhaba Restaurant 5701 SW 72 Street 14. Town and Kitchen 7301 SW 57 Court 15. Martini Bar 5701 SW 72 Street 16. Panera Bread 5701 SW 72 Street 17 Chipotle Mexican Grill 6290 So Dixie Hwy 18. Qdoba Mexican Grill 5748 SW 72 Street 19. 1909 CAFE 5710 SW 40 Street 20. Fox's Sherron INN Corp. 6030 SO DIXIE Hwy Hector Rabi Occupational License Compliance Officer X: \Outdoor Seating & Dining \List of Permits 11- 20- 07.doc o� sours � I:7 v INCDDPORATED 1927 �-t Io° Yvonne Soler - McKinley City Manager February 5, 2008 Mr. Rene Prats Qdoba Mexican Grill 5748 SW 72 Street South Miami, FL 33143 Dear Mr. Prats: ow 03/0 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2510 - Fax: (305) 663 -6345 E -Mail: YMcKinley@cityofs6uthmiami.net This letter is being sent to all restaurants in the City of South Miami with outdoor dining and seating. In recent months, the City has received a number of complaints concerning the location of outdoor seats, handicap accessibility, and cleanliness. These issues can be addressed by following the regulations contained in Sections 20- 3.3(E) and 20 -7.29 of the Land Development Code. It is also important to note that failure to have a permit or to adhere to the regulations in the Code could result in code enforcement violations and fines, and the possibility that the outdoor seating permit will be revoked. In order to avoid these penalties and possible permit revocation, the City Administration is sponsoring two meetings to discuss the City's regulations and requirements which must be followed by restaurants providing outdoor dining and seating. Please select the most convenient meeting time for a representative of your restaurant (owner or manager preferred) to attend: • Wednesday, February 13, 2008 -3:00 PM City Commission Chambers, City Hall, 6130 Sunset Dr. • Friday, February 15, 2068 -3:00 PM City Commission Chambers, City Hall, 6130 Sunset Dr. Please make every effort to have a representative of your restaurant at one of the two scheduled meetings. You do not need to advise us as to which meeting you may choose to attend. If you have any questions concerning the meetings please feel free to contact my office or Mr. Julian Perez, Planning Director at 305- 663 -6326. Si erely, onne Soler- c inley tty Manager YM /JP /say X: \Outdoor Seating & Dining \CM Letter to Permit Holders.doc South Miami .I All-America City 11111 2001 Exhibit "B" v City of South Miami TO: The Honorable Mayor Feliu and Members of the City Commission VIA: Ajibola Balogun, Interim City Manager FROM: Julian H. Perez, Planning Directol5p- —_� SUIBJECT: EAR Based Amendment Schedule DATE: February 20, 2008 The intent of this memorandum is to respond to Commissioner Beckman's request for information on the EAR Based Amendments, Future Land Use Map Amendments "Area Studies ", and other Growth Management documents that need to be prepared by the City of South Miami in order to meet statutory requirements and schedules. The following provides a background and schedule information for each of the documents. I must emphasize that all of these documents must be prepared, reviewed and acted upon by the City Commission, and must be consistent with the requirements set forth in Chapter 163 Florida Statute (F.S.). 1. EAR Based Amendments to the text of the South Miami Comprehensive Plan Background Information On January 18, 2008, the Florida Department of Community Affairs' (FDCA) Objections, Recommendations and Comments (ORC) report on the EAR Based Amendments to the text of the South Miami Comprehensive Plan was transmitted to the City. The ORC outlines FDCA's findings concerning the comprehensive plan amendment. Upon receipt of this letter (January 23, 2008), the City of South Miami has 120 days to respond to the ORC. It is extremely important that the Commission follow the process set forth by FDCA to complete the EAR Based Amendments to the text of the South Miami Comprehensive Plan. The Commission should only focus on the City's response to the ORC. Schedule Proposed Schedule 1. Planning Board (Local Planning Agency) -March 11, 2008 2. City Commission — April 1, 2008 2. Education Facilities Element, Amendments to the Intergovernmental Coordination and Capital Improvement Elements and; Adoption of the Restated Interlocal Agreement for Public School Facility Planning Background Information On December 24, . 2007, the Education Facilities Element, Amendments to the Intergovernmental Coordination and Capital Improvement Elements, and Restated Interlocal Agreement for Public School Facility Planning were transmitted to the Florida Department of Community Affairs. At the time, the City of South Miami was one of several cities who had adopted the referenced documents consistent with the requirements set forth in Sections 163.31777, .3180 and .1013 F.S. On February 6, 2008, the City of South Miami was notified by the FDCA that the plan package containing the documents referenced above was complete and ready for review pursuant to Chapter 163 F.S. requirements. According to the FDCA, the Department's ORC report will be mailed to the City of South Miami on or about April 6, 2008. Schedule Proposed Schedule: 1. FDCA expects to issue the ORC — April 6, 2008 2. Planning Board (Local Planning Agency) (Only if a respond to the ORC is required) — April 29, 2008 3. City Commission— May 20, 2008 3. Future Land Use Map (FLUM) Amendment Area Studies for the City of South Miami Background Information In November 2007, the City's Comprehensive Plan Consultants (The Corradino Group and Bell David Planning Group, Inc.) were tasked by the City of South Miami to prepare a comprehensive analysis on seven Future Land Use Map (FLUM) amendments proposed in the City of South Miami Evaluation and Appraisal Report (February 2006). This comprehensive analysis will generate the necessary land use and zoning data to determine whether a revision to the FLUM and zoning map are necessary. It is extremely important that the City Commission follow the process set forth in s.163.3191 F.S., and be in conformity with its public participation procedures adopted as required by s.163.3181 F.S. The following summarizes the intent of s.163.3181 F.S.: s.163.3181(1)(2) F.S.. Public participation in the comprehensive planninz process: intent: alternative dispute resolution (1) "It is the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, local planning agencies and local government units are directed to adopt procedures designed to 2 provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures required in this act are set out as the minimum requirements towards this end." (2) "During consideration of the proposed plan or amendments thereto by the local planning agency or by the local governing body, the procedures shall provide for broad dissemination of the proposals and alternatives, opportunity for written comments, public hearing as provided herein, provisions for open discussion, communications programs, information services, and consideration of and response to public comments." The purpose of s.163.3181 F.S. is to ensure that all stakeholders are provided .with an adequate opportunity for both written and oral comments, and access to open discussion through the public hearing process or city sponsored workshops. It is strongly recommended that this process be inclusive of all residents. The City needs to make an extra effort to inform its citizens of the public hearing dates for both the Planning Board (Local Planning Agency) and City Commission. If the City does not follow this process, the Commission decisions on the FLUM amendments could be challenged by affected person(s). The challenge presented by the affected person(s) will be heard through an administrative hearing or judicial review pursuant to ss.120.569 and 120.57 F.S. Again, it is strongly recommended that the Commission abide by the requirements set forth in Chapter 163 F.S. in order to avoid legal challenges that could be very costly and time consuming. Proposed Schedule: 1. City Consultant delivers the draft FLUM Amendment Area Studies to the City Planning Department for in -house review — March 7, 2008 2. Draft FLUM Amendment Area Studies in -house review period (Planning Department) — March 10 -14, 2008 3. Planning Board (Local Planning Agency- Public Hearing(s) - March 25, 2008 and April 8, 2008* 4. City Commission — May 6, 2008 and May 20, 2008 *Assume that the Planning Board and City Commission will need two public hearings to approve the draft FLUM Amendment Area Studies. The approved FLUM Amendments shall be transmitted to FDCA for review as soon as the approval process is completed., The public hearing process must be inclusive of all residents, and consistent with the requirements set forth in Chapter 163 F.S. Alternative Schedule: 1. City Consultant delivers the draft FLUM Amendment Area Studies to the City Planning Department for in -house review — March 7, 2008 2. Draft FLUM Amendment Area Studies in -house review period (Planning Department) — March 10 -14, 2008 3. Planning Board (Local Planning Agency- Public Hearing(s))- March 25, 2008, April 8, 2008 and April 29, 2008 4. City Commission— May 6, 2008, May 20, 2008 and June 3, 2008* *Assume that the Planning Board and City Commission will need a minimum of three public hearings to approve the draft FLUM Amendment Area Studies. The approved FLUM Amendments shall be transmitted to FDCA for review as soon as the approval process is completed. The public hearing process must be inclusive of all residents, and consistent with the requirements set forth in Chapter 163 F.S. 4. Water Supply Facilities Work Plan and Amendments to Comprehensive Plan In 2005, the Florida Legislature (SB 360) made significant changes to Chapter 163 F.S. and Chapter 373 F.S. to improve the coordination of water supply planning and land use planning. The result of this legislation was to strengthen the statutory linkage between the regional water supply plans prepared by the South Florida Water Management District ( SFWMD), and the comprehensive plans, plan amendments and evaluation, and EARs prepared by local governments. The legislation mandated that each local government located in the regional water supply planning area is required to prepare a "Water Supply Facilities Work Plan" for a minimum period of 10 -year. The purpose of this plan is to describe the public, private, and regional water supply facilities and alternative water supply projects, reuse, and conservation that will be developed or promoted to address future water needs. The amount of information contained on the report will depend on whether the local government is a wholesale or retail buyer. In the City of South Miami, the residents buy their water directly from Miami -Dade Water and Sewer Department (WASD), which means that the City is a retail buyer. Presently, the City of South Miami Planning Department in conjunction with other municipalities in the County, SFWMD and WASD is working on the draft "Water Supply Facilities Work Plan" template to meet the requirements in s.163.3177(6)(c) F.S. The template will serve as the basic format for the plan. The Committee working on the template, which I will continue to Chair, anticipates having the template ready by no later than mid -March 2008. Schedule Proposed Schedule: 1. Template delivered to municipalities — March 31, 2008 2. City Consultant will submit the draft Water Supply Facilities Work Plan and corresponding comprehensive plan amendments (Future Land Use, Conservation, Infrastructure, Intergovernmental Coordination, Capital Improvements, and other elements as needed) to the Planning Department — April 18, 2008 3. Planning Department in -house review of the draft Water Supply Facilities Work Plan and corresponding amendments to the Comprehensive Plan — April 21 -25, 2008 4. Planning Board (Local Planning Agency- Public Hearing(s))- May 13, 2008* 4 5. City Commission — June 23, 2008* *Assume that the Planning Board and City Commission will need one public hearing to approve the draft work plan and corresponding amendments to the comprehensive plan elements. These documents shall be transmitted to FDCA for review as soon as the approval process is completed. The public hearing process must be inclusive of all residents, and consistent with the requirements set forth in Chapter 163 F.S. The statutes require that local governments in Miami -Dade County adopt the Water Supply Facilities Work Plan on August 15, 2008. If the City fails to meet this deadline, the FDCA may find future comprehensive plan amendments to be in non- compliance; and the EAR may be found insufficient. Alternative Schedule: 1. Template delivered to municipalities — March 31, 2008 2. City Consultant will submit the draft Water Supply Facilities Work Plan and corresponding comprehensive plan amendments (Future Land Use, Conservation, Infrastructure, Intergovernmental Coordination, Capital Improvements, and other elements as needed) to the Planning Department — April 18, 2008 3. Planning Department in -house review of the draft Water Supply Facilities Work Plan and corresponding amendments to the Comprehensive Plan — April 21 -25, 2008 4. Planning Board (Local Planning Agency- Public Hearing(s))- May 13, 2008 and May 27, 2008* 5. City Commission — June 17, 2008 and July 22, 2008* *Assume that the Planning Board and City Commission will need a minimum of two public hearings to approve the draft work plan and corresponding amendments to the comprehensive plan elements. These documents shall be transmitted to FDCA for review as soon as the approval process is completed. The public hearing process must be inclusive of all residents, and consistent with the requirements set forth in Chapter 163 F.S. The statutes require that local governments in Miami -Dade County adopt the Water Supply Facilities Work Plan on August 15, 2008. If the City fails to meet this deadline, the FDCA may find future comprehensive plan amendments to be in non- compliance; and the EAR may be found insufficient. 5. Adoption of Capital Improvement Element This element is due .at the end of the year. The Planning Department should prepare a schedule by no later than August 2008. CADocuments and Settings\Jperez.CSM\My Documents \Response to Commissioner Beckman - EAR Schedule 2- 20- 2008.doc hi t> R CITY OF SOUTH MIAMI MEETING MINUTES To: Meeting Attendees From: Slaven Kobola, AICPe GIS Coordinator Copy: W. Ajibola Balogun Acting City Manager Date: February 21, 2008 Re: Sound Level Meter Presentation & Demostration. The referenced meeting and demonstration was held on this day. Present at the meeting were: Jim Wyatt of Briiel & Kjaer; Commissioner Jay Beckman; Kathy Vazquez; Carol Bynum; Gremaf Reyes; Ajibola Balogun; Jose Olivo; Julian Perez; and Slaven Kobola. Mr. Wyatt started the meeting by introducing the device, Advanced Sound Level Meter 2250 Light and described what it can do and for what it was used. The City's staff primarily asked about the use of the device for code enforcement and namely for measuring the intensity, of noise. Afterwards, the whole group went to test the device on 3 sites in the city, which were mentioned for complaints about the excessive noise, as follows: (1) The property at 7000 SW 62nd Avenue, which was the subject of complaints concerning Air Condition (A/C) unit noise during night: The noise could not be heard due to a rather hip background noise by the traffic on the surrounding streets (SW 62'd Avenue and SW 70 Street, including the cars getting into the garage at 7000 SW 62"d Avenue, which has its entrance from SW 70th Street. However, the A/C noise on the neighboring office building at 6201 SW 70th Street was much more pronounced, and especially after Commissioner Beckman walked to the west on SW 70th Street in order to confirm the existence of the A/C noise that he had experienced before, during his visits at night, and upon confirming that he had experienced the noise being prominent at night as well as that it would make him object to it as well, if he would be living in the neighborhood. Mr. Wyatt measured the actual noise of the A/C at 6201 SW 70th Street at 64 dB. Page 1 of 2 The group elaborated that this noise would not be evaluated as intolerable per the proposed City ordinance, which allows all noise to be below 65 dB. However, it was agreed that the sound of the noise could be perceived as irritating. Mr. Wyatt suggested that the City may choose to consider a sound analyzer, which could extract the octaves from the receiving sounds and measure them separately. He also added that the City may introduce the automatic increase of the actually measured noise intensity level for the peaking octaves (of the sound spectrum) due to the note that these octaves may be found as irritating to most people. He suggested a 10 dB increase for the peaking octave, which would make the observed example than making the 64 dB noises, as measured, to be found as a noise of 74 dB, and which as such would not be allowed by the proposed ordinance. (2) The property at 6360 Sunset Drive (at the intersection of SW 64th Court & Sunset Drive), which was the subject of complaints concerning A/C noise during early mornings: The A/C noise could be heard, however, it was not deemed to be excessively annoying or irritable. Mr. Wyatt measured the sound to be just below 65 dB. Carol mentioned that Code Enforcement had received quite a number of complaints by a resident who lives fairly distant from that property; however, she also noted that the complaints were about the noise at early morning hours, when there is not much traffic at Sunset Drive or no traffic at all. (3) The property at 6202 S. Dixie Highway, behind Petco store, which was the subject of complaints concerning AC noise during night: The A/C noise could be heard, however, it was not deemed to be excessively annoying or irritable and especially not when compared to a relatively high level of background noise caused by the traffic on SW 62"d Avenue. Yet after carefully listening in an attempt to determine the level of the noise's annoyance, the group discovered that there is much more annoying noise coming from the property at 7701 SW 62nd Avenue, which is across the street from the subject property. Although first figured that the noise on this property would be caused by an A/C unit, it was discovered by measuring the noise intensity that the noise is being emitted by a dryer vent at one of the offices. However, this noise would still be acceptable by the City's proposed ordinance, as the intensity was measured to be below 65 dB. However, Mr. Wyatt mentioned that the same as for the visit of the first site, i.e., 7000 SW 62nd Avenue and 6201 SW 70th Street, the City could introduce the automatic increase of the actually measured noise intensity level for the peaking octaves, which would automatically make this noise unacceptable, as being 65 + 10 = 75 dB! END OF MEMORANDUM Page 2 of 2 v City of South Miami TO: The Honorable Mayor Feliu and Members of the City Commission VIA: Ajibola Balogun, Interim City Manager FROM: Julian H. Perez, Planning Direc SUIBJECT: Property Located on the Southeast Corner of SW 74th Street & SW 59th Place DATE: February 20, 2008 The intent of this memorandum is to provide an update on the property located at the southeast corner of SW 74th Street and SW 59th Place. This property is owned by Mr. Tom Byrne, President, West80 LLC. Mr. Byrne is currently leasing the property to America Parking System (City Valet Parking Company) for use as a surface parking lot. At the last Commission meeting (February 19, 2008), a resident of the City of South Miami asked the City Commission to verify whether West80 LLC., had an active Occupational License from the City to use the property as a surface parking lot. The resident also asked if there was an executed "Unity of Title" for the property in question. 1. Occupational License Issue On February 20, 2008, the Planning and Zoning and Finance Departments conducted a search of the City records to determine whether West80 LLC., had a license to operate their business in the City of South Miami. The records revealed that West80 LLC., did not have the Occupational Licenses to operate in the City. Thereafter, the City Finance Department transmitted the appropriate correspondences to West80 LLC., as required by Code, to ensure that the appropriate Occupational Licenses were secured by the Corporation. On February 29, 2008, Mr. Byrne submitted the applications for the appropriate Occupational Licenses ((1) Corporation — 6150 SW 76th Street; (2) Operation of the surface parking lot). 2. Unity of Title Based on the City records, Resolution No. 182 -99- 10805, dated September 7, 1999, the developers of 5966 -5970 South Dixie Highway, Rum Bum Distributors, Inc., was required to established a "Unity of Title" for the purposes of developing the parcels separated by a public right -of -way; Parcel 1 located at the northwest corner of SW 59th Court and SW 74th Street and extending to 5966 -5970 South Dixie Highway and Parcel 2 located at the southwest corner of SW 591h Place and SW 74th Street. The following highlights the section in Resolution No. 182 -99 -10805 pertaining to the Unity of Title. Section No.6: "Unity of Title shall be established before the issuance. of the first building permit." A permit for this project was never secured by the applicant since the project was abandoned before reaching the permitting stage. CADocuments and Settings\Jperez.CSM \My Documents \Response to Commissioner Beckman - SW 74th Street 2- 29- 2008.doc 2 Page 2 of 2 Commission's concern March 4, 2008 Action Taken: Immediately following last City Commission meeting, Captain Michael D'Angelo and I met with the owners of the centralized parking company to discuss the concern. During the meeting, we established the acceptable operating procedure and the consequence if they do not adhere to the procedure. The Police Department has been directed to monitor the areas. Concern No. 4: Update on Air Conditioning unit /mechanical equipment sound meter. Action Taken: On Thursday, February 21, 2008 we met with the representative of Bruel & Kjaer North America, Inc. (B & K), as scheduled. After much presentation on the types, of available sound metering equipment, we decided on the "Handheld Analyzer 2250 Light" for the day's demonstration. Attached as Exhibit "C" is the minutes of the meeting and site visit. The B & K representative promised to send us additional information on tonality and cost for equipment rental for the final demonstration before presenting the policy for consideration. Concern No. 5: Request to establish truck delivery policy within the business district. Action Taken: Immediately following the last City Commission meeting, we met with the City Attorney's office to craft the policy. To date, we are collecting data about the current delivery time and we are collecting data from other cities with similar business district. As soon as we have a legally sufficient policy, we intend to submit for consideration immediately. Concern No. 6: To provide the following update on the property located at the southeast corner of SW 74th Street & SW 59th Place: • Occupational license issue. • Unity of title Action Taken: The attached Exhibit "D" addresses the concern. Should you need additional information on any of the issues above, please do not hesitate to contact me. END OF MEMORANDUM CADocuments and Settings\abalogunNy DocumentsWemo 2008 - Response to Commission's request \03 -04 - City Commission's Concern.doc