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01-05-99......................... .......................... .......................... .......::..:............... MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: January 5, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: January 19, 1999 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON, DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON 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. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation• B. Pledge of Allegiance: C. Presentation(s): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - December 15, 1998 2. City Manager's Report: 3. City Attorney's Report: REGIJLAR CITY COMMISSION 1 AGENDA — January 5, 1999 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING CHAMBER SOUTH ENVIRONMENT COMMITTEE'S EFFORTS TOWARD THE EVERGLADES RESTORATION AND OVERALL ENVIRONMENTAL HEALTH AND SUSTAINABILITY. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; PROVIDING FOR APPOINTMENT OF ROXANNE SCALIA TO SERVE FOR A TWO YEAR TERM ENDING JANUARY 54, 2001 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; APPOINTING VERONICA H. GIBSON TO SERVE FOR AN UNEXPIRED TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, TO ESTABLISH A PAY SCALE FOR POLICE DEPARTMENT COMMUNITY SERVICE AIDES; AUTHORIZING THE CITY MANAGER TO INCLUDE THE CLASSIFICATION "COMMUNITY SERVICE AIDE" AND THE PAY SCALE ADOPTED HEREIN TO THE 1998 -99 BUDGET UNDER "NON COLLECTIVE BARGAINING, EMPLOYEES, REGULAR EMPLOYEES" AND AUTHORIZING THE CITY MANAGER TO ASSIGN A SALARY CODE TO THE POSITION OF COMMUNITY SERVICE AIDE. (Administration /Police Dept.) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $6,215.15 CHARGING $2,504.61 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL PROPERTY /FORECLOSURE, AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500- 3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) REGULAR CITY COMMISSION 2 AGENDA — January 5, 1999 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred from 11/3/98; 12/1/98 and 12/15/98) (Administration /P &Z) 4/5 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VALET PARKING; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CREATING SECTION 20- 4.4(L) ENTITLED "VALET PARKING" PROVIDING FOR SPECIFIC VALET DROP - OFF /PICK -UP RAMP REGULATIONS, PROVIDING A VALET PERMIT REQUIREMENT; PROVIDING FOR RENTAL SPACES GUIDELINES AND FEES FOR PUBLIC ON- STREET /CURBSIDE PARKING SPACES; PROVIDING FOR A VIOLATIONS FINE SCHEDULE; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR A VALET OPERATOR EMPLOYEE CODE OF CONFLICT; AND PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE ATE. (1st Reading — November 7, 1998) (Administration /Public Works) 3/5 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ABANDONING THAT ALLEY LOCATED BETWEEN LOT 59, BLOCK 9, OF THE FRANKLIN SUBDIVISION AND LOT 60, BLOCK 10, OF THE FRANKLIN SUBDIVISION AS LEGALLY DESCRIBED HEREIN BY EXHIBIT A; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE, (1ST Reading - December 1, 1998) (Administration /P &Z) 4/5 RESOLUTION (S) HEARING 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, CONVENIENCE," PURSUANT TO SECTION 20 -3.4 (B) (4) (a) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 6290 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 4/5 REGULAR CITY COMMISSION 3 AGENDA - January 5, 1999 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20-3.4 (B) (4) (a) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE B11A, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 4/5 RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF AN ENVIRONMENTAL REVIEW AND PRESERVATION BOARD DECISION, REGARDING A SIGNAGE APPLICATION FOR THE PROPERTY LOCATED AT 8512 -8530 RED ROAD, COMMONLY KNOWN AS THE SOUTH MIAMI GYMNASTIC SCHOOL, AS REQUESTED BY RODNEY MANDELSTAM, PURSUANT TO SECTION 20- 6.2(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE. (Deferred from December 1,1998, and December 15, 1998) (Administration /P &Z) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER AFSCME) FOR THE 1998/99 FISCAL YEAR. (Administration) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A FOUR AND HALF PERCENT (4 1.5%) INCREASE ADJUSTMENT TO THE CITY PAY PLAN FOR ALL NON -UNION EMPLOYEES UNDER THE CITY MANAGER'S SUPERVISION; AUTHORIZING OCTOBER 1, 1998, EFFECTIVE DATE FOR THE INCREASE; AND AUTHORIZING THE CITY MANAGER TO CHARGE THE APPROPRIATE ACCOUNTS FOR PAYMENT OF THE INCREASE. (Administration) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE TRANSIT AGENCY (MDTA) KENDALL SR 826 CORRIDOR MAJOR INVESTMENT STUDY (MIS) , OBJECTING TO THE ALIGNMENT SHOWN IN ALTERNATE 9 DUE TO ITS INCOMPATIBILITY WITH AND IMPACT ON THE SAFETY AND QUALITY OF LIFE OF THE REGULAR CITY COMMISSION 4 AGENDA - January 5, 1999 SURROUNDING RESIDENTIAL AREAS, AND STRONGLY URGING THE MIAMI -DADE COUNTY COMMISSION TO ACQUIRE THE ABANDONED FEC RIGHT OF WAY FOR THE PURPOSE OF CREATING A RAILS TO RAILS PROJECT FOR THE ENJOYMENT AND BENEFIT OF THE WHOLE COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICES CONTRACT FOR THE DEVELOPMENT OF FUNDING ALTERNATIVES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $14,520.00 FOR THE GOVERNMENT SERVICES, GROUP, INC. FROM ACCOUNT NO. 01- 2100 -519- 9920, GENERAL CONTINGENCY. (Administration /Police Dept.) 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA TO EXPEND THE SUM OF $20,310 TO DUVAL FORD FOR THE PURCHASE OF ONE FORD E- 250 VAN, AND THE SUM OF $7,015 TO MAVRON, INC. FOR THE PURCHASE AND INSTALLATION OF A PRISONER VAN AND CAGE INSERT FROM ACCOUNT NO. 1910- 521 -6430 (EQUIPMENT OPERATING) (Administration /Police Dept.) 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION PUBLIC REMARKS 1010 i] "11'1I���Lo1���� 1�1LL'k20. REGULAR CITY COMMISSION 5 AGENDA - January 5, 1999 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr City Manager DATE: 12/30/98 AGENDA ITEM # 44 Comm. Mtg. 1/5/99 Supporting Chamber South The attached resolution sponsored by Mayor Julio Robaina supports Chamber South Environment Committee's efforts toward the Everglades Restoration and overall environmental health and sustainability. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING CHAMBER SOUTH ENVIRONMENT COMMITTEE'S EFFORTS TOWARD THE EVERGLADES RESTORATION AND OVERALL ENVIRONMENTAL HEALTH AND SUSTAINABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chamber South represents the business community of southern Miami -Dade County; and WHEREAS, Chamber South maintains a leadership role in the community through programs, events and services that enhance the quality of life and economic well -being of south Miami, Kendall and greater South -Dade; and WHEREAS, Chamber South recognizes that the economic viability of South Florida is integrally linked to Everglades restoration and overall environment health and sustainability. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission extends support to Chamber South as it commends the interagency efforts of the Restudy Team in producing this Initial Draft Plan and urges its timely implementation in an economically responsible and environmentally sound manner. Working together toward our common goals, we can establish a national precedent for economic sustainability and ecological restoration. Section 2. We, the City Commission further commit to work cooperatively with Chamber South and the broader public toward these goals. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: wit s6 r s �r ti 6 Vero IN, YOU i ' CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 12/30/98 AGENDA ITEM # FROM: Charles D. Scurr fC 4 Comm. Mtg. 1/5/99 City Manager Charter Revision Commission Aaaointment The attached resolution sponsored by Mayor Julio Robaina appoints Ms. Roxanne Scalia to the Charter Revision Commission. This term shall expire, January 5, 2001 or until a successor is duly appointed or qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; PROVIDING FOR APPOINTMENT OF ROXANNE SCALIA TO SERVE FOR A TWO YEAR TERM ENDING JANUARY 5, 2001 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Roxanne Scalia to the Charter Revision Commission to serve for a two year term ending January 5, 2001 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Roxanne Scalia to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire January 5, 2001 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. 2. 3. 4. 5. 6. 7. 8. 91 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION Name�tr1YlZ c-t (please print) HomeAddressC1 o"t ' " ' ..�. aC-i Business + "'j -Q- Business Address �n �•� Home Phonecxfo (ACE-M22Business Phone(-JE�!yq-Ccooz Educational Background Community Services + vs� E�Qz Are you a registered voter? Are you a resident of the City? Yes No Yes 1/ No 10. Do you have a business in the City? Yeses No Signature Date tZ RESUMES WILL REXAIN ON FILE FOR ONE YEAR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 12/30/98 AGENDA ITEM #-0 FROM: Charles D. Scurr Comm. Mtg. 1/5/99 City Manager Planning Board Appointment The attached resolution sponsored by Mayor Julio Robaina appoints Ms. Veronica H. Gibson to the Planning Board to fill an unexpired term vacated by Mr. Terry Huggins after he was no longer eligible to serve. This term shall expire on May 19, 2000 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; APPOINTING VERONICA H. GIBSON TO SERVE FOR AN UNEXPIRED TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoints Veronica H. Gibson to serve for an unexpired term ending May 19, 2000 on the Planning Board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Veronica H. Gibson to the Planning Board. Section 2. The expiration date of this appointment shall expire May 19, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR , 1999. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name 2. 3. 4. Ph (305) 663 -6340 Fax (305) 663 -6348 j CITY BOARD /COMMITTEE APPLICATION D n I (,ill- Lt 01/ pv A ,1 ]/ HomeAddress k Business Business Address 5. Home Phone MR 7. Business 8. Are you a registered voter? Yes *Z No 9. Are you a resident of the City? Yes t,' No 10. Do yo have a business in the City? Yes No V/ Signature Date; l RESUMES WILL REMAIN ON FILE FOR ONE YEAR &/ 1 SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission REQUEST DATE: January 5, 1999 Agenda Item #� Establishing a Pay Scale for Community Service Aides Approval of a revised pay scale for Community Service Aides ranging from $9.00 per hour to $11.51 per hour. BACKGROUND AND ANALYSIS The use of Community Service Aides (CSA's) is an important element of an effective and efficient police department. CSA's can perform numerous functions, such as accident reporting, at a much lower cost than a sworn police officer. Additionally, the use of CSA's frees up sworn police officers to focus on more critical crime prevention and fighting activities. Pursuant to the current budget, the position of Community Service Aide was created within the Police Department as a full time slot, with six openings authorized. The existing pay scale for part -time CSA's starts at $7.00 per hour. A survey of the four major agencies in Miami Dade County employing civilians in this capacity revealed an average salary of $8.66. South Miami, at $7.00 per hour ranks last. The survey results are attached. In order for the City to be able to recruit and retain high quality persons a more competitive salary range is required. A range of $9.00 - $11.51 is recommended. This places South Miami in the top quartile of cities. Sufficient funding is available in the approved budget line item for this pay scale due to the fact that the positions were funded as of October 1, 1998 and have not been filled as yet. RECOMMENDATION Your approval is recommended. CS /esw 1 2 3 4 RESOLUTION NO. 5 6 7 A RESOLUTION AUTHORIZING THE CITY MANAGER 8 OF THE CITY OF SOUTH MIAMI TO ESTABLISH A PAY 9 SCALE FOR POLICE DEPARTMENT COMMUNITY SERVICE 10 AIDES; AUTHORIZING THE CITY MANAGER TO INCLUDE 11 THE CLASSIFICATION "COMMUNITY SERVICE AIDE" AND 12 THE PAY SCALE ADOPTED HEREIN TO THE 1998 -99 13 BUDGET UNDER "NON COLLECTIVE BARGAINING 14 EMPLOYEES, REGULAR EMPLOYEES" AND AUTHORIZING 15 THE CITY MANAGER TO ASSIGN A SALARY CODE TO THE 16 POSITION OF COMMUNITY SERVICE AIDE. 17 18 WHEREAS, the Police Department has established, with approval 19 of the City Commission, the position of Community Service Aide as 20 a full time position to assist sworn police personnel in handling 21 non - emergency calls and routine tasks; and 22 23 WHEREAS, the City of South Miami desires to attract the best 24 possible candidates by establishing a competitive salary range; and 25 26 NOW, THEREFORE, be it resolved by the Mayor and City 27 Commission of the City of South Miami, 28 29 Section 1: The City Manager is authorized to create the 30 following pay scale for Community Service Aides: 31 32 Step l: $ 9.00 33 Step 2: $ 9.45 34 Step 3: $ 9.93 35 Step 4: $10.43 36 Step 5: $10.96 37 Step 6: $11.51 38 39 Section 2: The City Manager is authorized to include the pay 40 scale in Section 1 in the City's permanent budget under "Non 41 Collective Bargaining Employees, Regular Employees" and to assign 42 a salary code to the position of Community Service Aide. 43 44 Section 3: That this resolution be effective immediately 45 after the adoption hereof. 1 2 3 4 5 6 7 8 9 10 11 12 PASSED AND ADOPTED THIS DAY OF ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY 1999. CITY OF SOUTH MIAMI -POLICE DEPARTMENT INTER- OFFICE MEMORANDI TO: Cokes Watson, Jr. Chief of Police FROM: Captain G. Feldm - - DATE: December 2, 1998 SUBJECT: Community Service Aide Salary Survey u c I have compiled the following information with regard to salaries for Public Service /Community Service Aides at various Dade County agencies. Miami Dade Police Department Range $8.81 -13.80 10 steps to top 4.5% merit increase per year Full benefits North Miami Beach Police Department $8.50 per hour, COLA as per all City employees Full benefits Miami Police Department $7.70 per hour No benefits, holidays or COLA Temporary hires only Aventura Police Department $9.62 per hour COLA as per all City employees Eligible for yearly merit bonus of 2 - 4% of salary paid as lump sum Full benefits Based upon the above I recommend a 6 step pay scale for Community Service Aides, as follows: Step 1: $9.00 Step 2: $9.45 Step 3` $ 9.93 Step 4: $10.43 Step 5: $10.96 Step 6: $11.51 I believe that this pay scale will allow us to hire and retain highly qualified and motivated personnel. GF /sh CITY OF SOUTH MIAMI To: Mayor and Commission Date: January 5, 1999 From: Charles Scurr ��� Agenda Item # 8 City Manager Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $6,215.15 . The accounts are summarized below: Account Consulting — Real Property /Foreclosure Account # 1500 -3435 Legal Services Non Retainer A detailed Billing Statement is attached. Approval is recommended. This Invoice $ 2,604.61 $ 3,610.54 Account Balance $10,364.00 $23,806.00 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $6,215.15 CHARGING $2,604.61 TO ACCOUNT NO. 1500- 3435,CONSULTING -REAL PROPERTY /FORECLOSURE, AND CHARG- ING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES- NON RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99- 94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending November 30, 1998, in the amount of $6,215.15; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $6,215.15, are approved for payment and $2,604.61 shall be charged to Account No. 1500 -3435, Consulting -Real Property /Foreclosure; and the remainder to Account No. 1500 -3410; Legal Services Non Retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of December, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY N:\ EGallop \Csmord- res \attomeyfeeNGFoct 1998 -res. doc CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: January 5, 1999 FROM: Charles D. Scurr RE: Agenda Item # 0 City Manager Approval of Valet Parking Ordinance to Regulate Operations on Public Property — Second Reading ------------------ ------ ------- --------- --------------------------------- ---------- - - - ---- The attached resolution for approval of a valet parking ordinance aimed at regulating valet operations on public property is being presented for first reading. BACKGROUND With the revitalization of the downtown district and the impending opening of the Shops at Sunset Place, the "valet" mode of parking is expected to become attractive to a number of merchants. This expectation has been confirmed by the Administration through discussion with merchants in recent months. These businesses see valet as an opportunity to enhance customer service. In addition, the advantages offered by valet parking are particularly effective when peak period parking demand exceeds available inventory. These advantages include: • Expeditious removal of vehicles from the main traffic flow, thereby easing congestion. • Maximization of off - street parking storage by parking vehicles in close arrangement. • Increased security for vehicles stored in off - street facilities. Presently, valet operations within the city require the approval of a Special Use Permit. This process requires Planning Board review and Commission approval. It is a lengthy and cumbersome process that is not suited for the projected increase in valet parking activity in South Miami. Furthermore, the permit process does not provide the regulatory mechanism required to address valet parking in the City. ANALYSIS Among the issues addressed by the City's parking committee in the past months was the valet regulatory issue. A number of valet ordinances in use by other municipalities were reviewed. The characteristics of the downtown district, which include limited parking \continued... MAYOR AND COMMISSION JANUARY 5,1999 PAGE TWO capacity, on- street - metered parking, and a wide mix of stores and restaurant storefronts, are quite similar to the cities of Coral Gables and Miami Beach. Over the past three years, Miami Beach has been actively evaluating its 1994 valet ordinance. This document was amended approximately three months ago, and appears to be working well despite that city's challenging peak period valet parking situation. The ordinance developed is quite similar to Miami Beach's in that it focuses on three important aspects of valet operations on public property: (1) on- street vehicle dropoff and pickup ramping practices; (2) protection of on- street and off - street public parking from its use as valet storage; and (3) establishment of an extensive "Code of Conduct" to promote good customer service and minimize safety concerns. A permit will be required for each specific valet ramp location. The permit requirements will include confirmation that an agreement between the merchant and the valet operator is in place, insurance requirements, and confirmation that legitimate storage spaces have been secured. The ordinance established a mechanism that allows Administration to set the ramps at specific locations based on traffic safety, traffic congestion, and customer service considerations. The initial ramp location plan is attached. Changes, deletions, and additions to this plan will be made periodically and /or on a case -by -case basis when valet service requests warrant it. The attached valet ordinance has been reviewed by the City Attorney. It has also been discussed twice with interested merchants and presented once to interested valet operators and the Planning Board at the October 13t" and December 30th meetings. CONCLUSION AND RECOMMENDATION On December 30th, the Planning Board voted 6 -0 to approve the ordinance subject to the modifications noted in the attached meeting minutes. The changes have been incorporated in the current document. Approval of the valet parking ordinance is recommended. Attachments Excerpted Planning Board Minutes Special Meeting, December 30, 1998 B. ITEM: PB -98 -024 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VALET PARKING; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CREATING SECTION 20 -4.4 (L) ENTITLED "VALET PARKING "; PROVIDING FOR SPECIFIC VALET DROP - OFF/PICK—UP RAW REGULATIONS, PROVIDING A VALET PERMIT REQUIREMENT; PROVIDING FOR RENTAL SPACES GUIDELINES AND FEES FOR PUBLIC ON- STREET /CURBSIDE PARKING SPACES; PROVIDING FOR A VIOLATIONS FINE SCHEDULE; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR A VALET OPERATOR EMPLOYEE CODE OF CONDUCT; AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. Following consideration of the alleyway closure ordinance, the Board took a recess at 11:45 a.m. 2. The Board reconvened, and Mr. Scurr (City Manager), Mr. Basu (Planning Director), Mr. Rodriguez (Public Works Director), and Mr. Stroyne (Parking Director) joined the meeting for consideration of the valet ordinance. 3. Mr. Gary Illas read the request into the record. 4. Mr. Rodriguez presented the item to the Board, providing background information relating to the new ordinance, including presentation to the City Commission on November 17, 1998. 5. Mr. Rodriguez noted that the proposed ordinance accomplishes three goals: 1) permits valet parking on public right -of -ways, 2) regulates valet operations, and 3) establishes a mechanism for monitoring valet parking. 6. Mr. Rodriguez continued by noting that the new ordinance contains three elements: 1) permit requirements, 2) operational requirements, and a 3) code of conduct. 7. The public meeting continued. 8. As a point of clarification, Mr. Scurr and Mr. Rodriguez noted that routine enforcement involving valet parking falls under the jurisdiction of Parking, while having a combined effort with both the Police Department and the Public Works Department. 9. The public hearing was opened. Excerpted Mins 12 -30 -98 10. Agreement was reached that additions and deletions be made to further update the new ordinance as consideration by the City moves forward, including for the following: a. Have language that name tags for valet parking employees must be visible. b. Consider bonding, and to clarify with the City Attorney as to whether the City can require bonding of valet employees; and that such language pertaining to bonding would be included in a new 6 (e), under operators code of conduct. c. Page 8, first paragraph, language requiring submittal of copies of valet employees' Florida drivers license be deleted. d. Page 3, second paragraph, involving (c), delete second sentence Any deviation from this requirement is subject to the City manager's approval. e. Page 3, also involving (c), that the numbers pertaining to the financial strength of an insurance company be included with the rating of such a company. f. Add language concerning storage of keys and location of key box, so as not to create an obstruction. g. Change fee for use of rented spaces from $6.00 to $9.00 per space per day. h. Move language page 6, item c, The rental fee structure will be reviewed and may be adjusted periodically by the City, to page 6, item b. i. Change language in item b, page 6, to reflect that fees be paid on a monthly basis, such as not to exceed one month, as opposed to payment on a bi- weekly basis. j. Have standard signage, to be addressed under the City's updated signage code, containing specific language on a free - standing pole sign, with small signs attached to meters, below the meter head, indicating hours of valet parking. k. Define violations involving a chronic situation, such as with two operational violations in a quarter. 1. Add language regarding user fees, that is posting of fees, on. signage. m. Correct any scrivener's errors, such as on page 9. n. A representative from Jada Restaurant, located on Sunset Drive, spoke before the Board; however, he did not sign in for the record. The representative emphasized that restaurant clientele expect parking, valet or otherwise, to be readily available near the restaurant location. 11. The public hearing was closed. Excerpted Mins 12 -30 -98 2 12. Following the public hearing, the Board voted on the matter. 13. Motion: Mr. Morton moved approval of the ordinance, including the aforementioned additions and /or deletions. Mr. Lefley seconded the motion. 14. Vote: Approved 6 Opposed 0 Excerpted Mins 12 -30 -98 3 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VALET PARKING; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CREATING SECTION 20- 4.4 (L) ENTITLED "VALET PARKING "; PROVIDING FOR SPECIFIC VALET DROP- OFF/PICK —UP RAMP REGULATIONS, PROVIDING A VALET PERMIT REQUIREMENT; PROVIDING FOR RENTAL SPACES GUIDELINES AND FEES FOR PUBLIC ON- STREET /CURBSIDE PARKING SPACES; PROVIDING FOR A VIOLATIONS FINE SCHEDULE; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR A VALET OPERATOR EMPLOYEE CODE OF CONDUCT; AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 20 -4.4 of the City of South Miami Land Development Code, titled "Off- street parking requirements ", regulates parking in the City of South Miami; and, WHEREAS, valet parking is an efficient and effective method to curtail traffic congestion as well as enhance customer service; and, WHEREAS, the impending increase in traffic and parking activity in the downtown . district dictates a need to amend the code by creating a number of regulations which include an on- street space rental fee schedule, valet passenger drop- off /pick -up ramp operating guidelines, a violations fine schedule to enforce valet regulations, and an employee /valet operator code of conduct; and, WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be in the interest of the public health, safety, and welfare to authorize valet parking and to enact appropriate regulations for the activity. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT SECTION 20 -4.4 OF CHAPTER 20, OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, ENTITLED "OFF- STREET PARKING REQUIREMENTS" IS HEREBY AMENDED AS FOLLOWS: Section 1. Section 20 -4.4 (L) of the City of South Miami Land Development Code is created to read: (L) Valet Parking Permits for Use of Public Property (1) Separate Permit Required The City of South Miami shall issue valet parking permits to valet operators who conduct their operations on public property and who meet the requirements of this section. No valet parking shall occur on public property without the operator securing a valet parking permit from the City. A separate permit is required for each ramp location where valet parking services are provided. Valet parking permits shall only be issued to operators who are licensed by the City of South Miami pursuant to this Chapter. (2) Permits (a) Requirements No Valet Parking permit shall be issued without the proof of the following: i. Approval from the City's Risk Manager indicating that the valet parking operation has met the following insurance requirements: 1. Commercial general liability or damage liability insurance in the amount of $1,000,000.00 per occurrence, and in the aggregate, and per location covering bodily injury and property damage resulting from the valet operators' activities connected with the handling of vehicles on public property. This policy must name the city as an additional insured and provide that the policy provides primary coverage. 2 2. Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of $300,000.00 per location with a maximum Self Insured Retention (SIR) or deductible of $1,000.00. 3. All required insurance policies are to be issued by companies rated A or better per Best's Rating Guide, and rated FPR 6 or better per Best's Vulnerable FPR Rating Scale, applying the latest edition. The policies must provide the City with thirty (30) days written notice of cancellation. 4. Valet operators must submit a certificate of insurance and a certified copy of their policies to the City's Risk Manager for determination that the insurance requirements of this Ordinance have been met prior to the issuance of a permit and upon request by the Risk Manager. 5. Each valet operator applying for a permit for use of public property shall execute an agreement approved by the City Attorney providing that the valet parking operator shall indemnify, hold harmless and defend the City and its officers, agents and employees against and assume all liability for any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind arising from its use of the public streets or public parking places for the purpose authorized in this Section and resulting or accruing from any alleged negligence, act, omission or error of the valet parking operation, its agents or employees and /or arising from the failure of the valet operation, its agents or employees to comply with each and every requirement of this section or with any other city or county ordinance or State or Federal law or regulation applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. 3 ii. If incorporated, the valet operator shall provide a copy of a certified certificate of good standing. iii. Notarized written authorization on company letterhead from the owners /operators of the City - licensed commercial establishments for which the valet operator is providing parking services. iv. Valid occupational license. v. Identification of the location of vehicle storage space, and proof in the form of an executed lease or rental agreement or notarized letter of authorization from the owner of the property, which shall include the number of spaces authorized for use by the valet operator, and term of the lease for storage space sufficient to service the establishment for which the permit will be issued. The storage space obtained will be reviewed for sufficiency by the City. (b) Term and Renewal i. The term of each permit shall be for one year. ii. Renewal shall be on an annual basis and shall only be granted after approval from the City of South Miami. (c) Cancellation and Revocation The City shall cancel and revoke the permit if the valet operator no longer services the commercial establishment that authorized its operation at that location. This cancellation and revocation may be effective whether: i. The valet operator voluntarily discontinues service to the establishment; ii. The establishment cancels and revokes authorization for the valet operator to service the location; 4 iii. The City cancels and revokes authorization for the valet operator to service the location. Cancellation and revocation of the valet permit by the City under any of the above scenarios shall be effective immediately upon service of the notice of cancellation. Under subparagraph "c" above, the City shall inform in writing the commercial establishment being serviced by the valet operator of the cancellation and revocation. Service of the notice of cancellation and revocation shall be by hand delivery or certified mail, return receipt requested. (3) Rental and Operation of Municipal Parking Spaces (a) Rental of Public Spaces for Ramping The City shall rent to the valet operator public on- street /curbside parking spaces that shall be used only for the ramping of vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public on- street /curbside spaces provided for ramping. There shall be no storage of vehicles in the area designated for ramping. A vehicle will be considered stored if it remains in the ramping area for more that fifteen (15) minutes. This policy will be modified after all establishments serviced by the ramp are closed for further business. At this time the City may, at its own discretion. allow vehicles of remaining customers to be parked on the spaces leased for ramping. Ramping - on public property shall not occur in any other location than the on- street /curbside spaces provided for ramping. Any type of sign, structure or other type of object used to identify the ramp shall not block leased spaces. Vehicle key lock boxes used at the ramp location are not to obstruct pedestrian or vehicular traffic. Leased space shall not be cordoned off with posts. chains or signage of any type except that approved by the City indicating the designation of the rented valet parking area. At its sole discretion and judgement, the City shall provide to the valet operator ramping space in close proximity to the establishment being serviced, if sufficient spaces are available and 5 if the location is considered appropriate. If there is not sufficient space available for rental in front of the establishment, the City shall lease spaces as close to the establishment as possible. Ramping will not be allowed if the City determines, at its sole discretion, that it would be an unsafe activity at that location. (b) Rental Fees for Public On/Street curbside spaces The fee for use of rented spaces shall be $9.00 per space per day, seven days per week, based on a twelve hour period defined as the hours between 6:00 p.m. to 6:00 a.m. use, and $15.00 per space per day, seven days per week based on twenty -four hour use. Fees shall be paid in advance on a monthly basis, commencing on the date the locations are rented to the valet operator by the City. Advanced payment for meter rentals shall not be made for a period exceeding one month. All additions or changes to existing leased public on- street /curbside parking spaces for ramping, shall be paid upon request. All valet space lease requests shall be required in writing to the City Manager or his /her designee, twenty -four hours in advance, and received no later than 3:00 P.M., daily. Exceptions and lease cancellations not made within the prescribed period will be assessed a $20.00 processing fee. The rental fee structure will be reviewed and may be adjusted periodically by the City. (c) Number of spaces leased for ramping The amount of ramping spaces available to the valet operator shall be determined by the frontage of the establishment being serviced provided that there is sufficient public on- street /curbside spaces available for ramping, as determined at the sole discretion of the City. (d) Subletting Leased public on- street /curbside spaces may not be sublet. (4) Rental of Additional Parking for Storage of Vehicles for Special Events /Program Storage space required for the operation of a valet service must be provided in parking lots. Facilities must meet all applicable Code and Ordinance requirements of the City of South 31 Miami. The City may lease additional valet spaces for the storage vehicles for special events, special programs, or at the request of the valet operator if the proposed valet storage does not take away from public parking demand in the area. The fee for use of storage parking spaces shall be based on a twelve -hour period at a rate of $10.00 per space /per day. Fees shall be paid in full twenty -four hours in advance of the special event or program. (5) Private Storage of Valet Vehicles Valet operators shall store vehicles on private parking lots which are properly zoned and permitted as parking lots. The valet operator shall provide to the City satisfactory documentation from the parking facility owner or management company /agent authorizing the valet operator to use those facilities for the purpose of storing valet parked vehicles. (6) Employees and Valet Operators Code of Conduct The valet parking operator shall require its employees and independent contractors to meet the following requirements: (a) All employees who operate motor vehicles shall have a valid Florida driver's license in good standing and shall abide by all City of South Miami and Miami -Dade County traffic regulations. (b) All employees shall be in similar uniform. (c) All employees shall wear on their uniform a name tag using printed letters of an easily legible print size identifying the employee's name. Such tag must be placed in a visible location such as the employee's chest. (d) All employees shall perform their duties in a courteous and professional manner. Employees found by the City, at its sole discretion and judgement, to perform their duties in a manner that is disruptive to the peaceful enjoyment of the surrounding neighborhood or in a reckless or unprofessional manner, shall be cause for the City to request the immediate removal of the employee from the valet operation. The City shall issue a Valet Code of Conduct warning to the valet operator for any employee found to perform his duties in a disruptive or discourteous manner. The valet operator will have thirty minutes from the issuance of the warning to remove the employee from its operation for a twenty - four hour period. The employee may not be moved to any other valet location in the City of South Miami. If the employee is not removed within the requisite thirty minute period, the City shall issue a Valet Code of Conduct Violation. (7) Operation of Service (a) Identification of Leased Spaces Leased spaces shall be so designated by the City as leased parking areas. The designation shall be defined by bagged meters and /or clearly marked signs installed on each meter post indicating the parking restriction. (b) Ramping Ramping shall only be operated in the spaces provided for ramping. There shall be no storage of vehicles in the area used for ramping. Ramping on public property shall not occur in any other location than the public on- street /curbside spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited. (c) Storage Storage of vehicles shall only be in private spaces or in leased municipal spaces as provided by the City. Other than the leased municipal spaces, there shall be no storage of vehicles on any municipal property whatsoever. The valet operator shall clearly identify the vehicles in their possession during the entire period that the car is in their possession. Identification shall be made through a ticket stub visibly placed on top of the dashboard of the stored vehicle and shall state the name of the valet operator and identification of the ramp from which the vehicle was retrieved. Ramp identification shall be made by stating the name of the establishment which the ramp is servicing. Unauthorized storage of valet vehicles in municipal parking facilities or at any public on- street /curbside parking spaces is strictly prohibited and shall result in the issuance of a Valet Violation to the valet operator in the amount of $200.00 per occurrence. 8 8) Exceptions (a) Valet services operating for a special event may apply for a special event permit from the City's Manager office. Special event parking shall be restricted to any event occurring no more than twice per year and lasting no longer than three days in length. The special event permit will allow the valet operator to request from the City, additional ramping and /or storage space, if available, as long as it does not reduce the number of parking spaces needed to serve the general public in the area of the request. (9) Enforcement Fine Schedule and Right to Appeal (a) Enforcement The City shall enforce the provisions of this Ordinance, including the Valet Operators Code of Conduct. If a violation of this ordinance is found, the City shall issue a Notice of Violation to the violator. The Notice shall inform the violator of the nature of the violation, amount of the fine for which the violator may be liable, instructions and due date for paying the fine, and notice that the Violation may be appealed by requesting a hearing before the City's Code Enforcement Board. Failure to appeal within ten days after service of the notice of violation shall constitute and admission of the violation and a waiver of the right to a hearing. (b) The following civil fines shall be imposed for each violation: 1. Operation without Valet Permit 2. Unauthorized /Illegal Ramping 3. Unauthorized /Illegal Storage 4. Penalty for Lapse in Required Insurance Coverage Immediate cessation of service and $250.00 $150.00 per offense $200.00 per offense Immediate cessation of service and $150. In cases 5. No Name Tag 6. No Uniform 7. No Valid Florida Driver's License where more than one day has lapsed, $150 per day fine from date of lapse. $ 25.00 per offense $ 25.00 per offense $ 25.00 per offense /and immediate removal of the employee from the valet operation. (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to appeal. i. A violator who has been served a Notice of Violation shall elect either to: 1. Pay the civil fine in the manner indicated on the Notice; or 2. Request an administrative hearing within ten days of receipt of the violation before the Code Enforcement Board. ii. The City of South Miami may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. iii. Additionally, a certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgement by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After two (2) months from the flag of any such lien which remains unpaid, the City of South Miami may foreclose or otherwise execute upon the lien. 10 iv. As an additional means of enforcement, the City will revoke the valet permit when there are repeated violations of this Ordinance. Specifically, any two (2) violations issued within a three month period for the following operational deficiencies may result in the revocation of the valet permit: Unauthorized /Illegal Ramping Unauthorized /Illegal Storage (d) Valet Operator's Responsibility for Vehicles in their Possession Valet operators shall pay all fines and a fee, including towing charges, arising in connection with a patron's vehicle that is in the possession of the valet operator at the time the charge is incurred. This does not preclude the valet operator from also being cited for violations of this section which resulted in the imposition of the fines and fee. (10) Compliance Date All valet operators in the City of South Miami shall comply with this Section within 30 days of its approval by the City Commission on second reading. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4. The provision of this ordinance which amend the City of South Miami Code of Ordinances shall be published in the Code. 11 Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED and ADOPTED this day of January 1999 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: [IN 111`/_V W ICI I NAIr1 1" Reading 2"a Reading 12 CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: December 29, 1998 Agenda Item # I I From: Charles D. Scurr fcoe Subject: Comm. Mtg. 01/05/99 City Manager Abandonment of alleyway REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ABANDONING THAT ALLEY LOCATED BETWEEN LOT 59, BLOCK 9, OF THE FRANKLIN SUBDIVISION AND LOT 60, BLOCK 10, OF THE FRANKLIN SUBDIVISION AS LEGALLY DESCRIBED HEREIN BY EXHIBIT A; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 16, 1998, a letter was received from Betty Mullen, representative of Habitat for Humanity, describing Habitat for Humanity's desire to close the alleyway located between its property, 6481 SW 59 Court, and the property owned by Theodis Powell Bostick, 6501 SW 59 Court. On May 11, 1998, a letter was received from Theodis Powell Bostick, which also requested the disposition of the alleyway. Chapter 336 of Florida Statutes states that the City is authorized and empowered to close an alleyway upon petition of any person or persons. The City has closed alleyways before. In 1992, six alleyways, similar to the subject alleyway, were closed based upon the City's findings that the alleys did not serve any public purpose, did not receive regular public usage, and would better serve the City as property under private ownership and subject to ad valorem taxes. A site visit to the subject alleyway revealed that it does not serve any public purpose to the City or receive regular public usage. The subject alley does not appear to be an alley at all, as it is a grassed area. Approval of the attached ordinance would allow the alleyway to revert to private ownership, each owner receiving half of the alleyway, resulting in an increase in ad valorem taxes for the City and better utilization of the property for all involved. On December 30, 1998, the Planning Board voted 6:0 to recommend approval of the proposed ordinance. RECOMMENDATION: Approval Attachments: Proposed Ordinance for adoption Exhibit A: Legal Description Exhibit B: Depiction of disposition Letters from adjacent property owners Survey Plat Book Page Pictures I ORDINANCE. NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, ABANDONING THAT ALLEY LOCATED 6 BETWEEN LOT 59, BLOCK 9, OF THE FRANKLIN SUBDIVISION AND LOT 7 60, BLOCK 10, OF THE FRANKLIN SUBDIVISION AS LEGALLY DESCRIBED 8 HEREIN BY EXHIBIT A; PROVIDING FOR SEVERABILITY; PROVIDING 9 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City Commission has the power to vacate, abandon, discontinue and 13 close an existing public or private street, alley -way, road, highway or other place used for travel 14 or any portion thereof, other than a state or federal highway, and to renounce and disclaim any 15 right of the City and the public in and to any land in connection therewith; and 16 17 WHEREAS, on April 16, 1998, a letter was received from Betty Mullen, representative 18 of Habitat for Humanity, describing Habitat for Humanity's desire to close the alleyway located 19 between its property, 6481 SW 59 Court, and the property owned by Theodis Powell Bostick, 20 6501 SW 59 Court; and 21 22 WHEREAS, on May 11, 1998, a letter was received from Theodis Powell Bostick also 23 requesting the disposition of the alleyway; and 24 25 WHEREAS, City Administration has recommended vacating that alley located between 26 Lot 59, Block 9, of the FRANKLIN subdivision and Lot 60, Block 10, of the FRANKLIN 27 subdivision as legally described herein by Exhibit "A", because the alley presently serves no 28 public purpose to the City and will, upon its reversion to the adjacent property owners, constitute 29 additional ad valorem tax revenues to the City; and 30 31 WHEREAS, on December 30, 1998 the Planning Board voted 6:0 to recommend 32 approval of this ordinance and has now completed the public hearing; and 33 34 WHEREAS, the Mayor and City Commission desire to accept the recommendation of the 35 Planning Board and provide for the best utilization of property within the City of South Miami. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section 1. That the alley lying between Lot 59, Block 9, of the FRANKLIN Subdivision 41 and Lot 60, Block 10, of the FRANKLIN Subdivision as legally described herein by Exhibit 42 "A" be, and the same hereby is, abandoned, renounced. and disclaimed by the City of South 43 Miami and shall, pursuant to the plat creating that alley, revert to the ownership of the 44 immediately adjacent properties, as demonstrated by Exhibit "B ". 45 46 Section 2. Notice of the adoption of this Ordinance by the Commission shall be 47 published one time, within 30 days following its adoption, in one issue of a newspaper of general 48 circulation published in Miami -Dade County. The proof of publication of notice of public 49 hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of 50 such Ordinance shall be recorded in the deed records of Miami -Dade County. 51 I Section'), If any section, clause, sentence, or phrase of this Ordinance is held to be 2 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 3 way affect the validity of the remaining portions of this Ordinance. 4 5 Section 4. All Ordinances or parts of Ordinances in conflict herewith be and the same are 6 hereby repealed. 7 8 Section 5. This Ordinance shall take effect immediately at the time of its passage. 9 10 11 PASSED AND ADOPTED THIS 5`h day of January, 1999 12 13 14 APPROVED: 15 16 17 18 MAYOR 19 20 ATTEST: 21 22 23 24 CITY CLERK 25 26 27 28 READ AND APPROVED AS TO FORM: 29 30 31 32 CITY ATTORNEY EXHIBIT "A ": LEGAL DESCRIPTION: THAT ALLEY LOCATED BETWEEN LOT 59, BLOCK 9, OF THE FRANKLIN SUBDIVISION AND LOT 60, BLOCK 10, OF THE FRANKLIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 34, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59, BLOCK 9, OF THE FRANKLIN SUBDIVISION, THENCE RUNNING EASTERLY A DISTANCE OF 110 FEET, MORE OR LESS, TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 59. THENCE, RUNNING SOUTHERLY A DISTANCE OF 8 FEET, MORE OR LESS, TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF LOT 60, BLOCK 10, OF THE FRANKLIN SUBDIVISION. THENCE, RUNNING WESTERLY A DISTANCE OF 110 FEET, MORE OR LESS, TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 60. THENCE, RUNNING NORTHERLY A DISTANCE OF 8 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 3 :I % "A 4 kv a m ri u • 57 • 58 --- - ------- 0 0 x I I %OWN 0 t o62 O 6 m --- - ------- April 16, 1998 HABITAT FOR HUMANITY OF GREATER M building houses in partnership with God's people in Mr. Gregory J. Oravec, Planner City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Alley South of 6481 SW 59 Court, South Miami - 8 ft. X 121.25 ft. FRANKLrN SUB, PB 5 -34 - See attached Legal Description Dear Mr. Oravec, Habitat for Humanity of Greater Niiami is currently building a 3- bedroom, 1 -bath CBS single fancily residence at 6481 SW 59 Court under Permit #97 -108 which was issued September 9, 1997. Miami Habitat requests that the 8 ft. alley south of this property, running east approximately 121.25 ft. from SW. 59 Court, be closed by the City of South Miami and dedicated to the property owners on the north and south of the alley. This would be consistent with the disposition of similar alleys in this area of South Miami. Please see attached survey, proof of Miami Habitat ownership, sketch of area indicating alleys that have been closed by South Miami ordinance. We would appreciate your prompt assistance in accomplishing the closing of this alley. Please contact me if further information is required. In partnership, El b h A. Mullen Construction Administrator V cOVA Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 RECEIVED MAY 1 3 1999 Theodis Powell Bostick 5701 NW 10 Avenue Miami, Florida 33127 City of South. Miami Planning & Zoning Department 6130 Sunset Drive South Miami FL 33143 Re Alley Running East from SW 59 Court Between 6481 SW 59 Court and 6501 SW 59 Court, South Miami Approximately s ft. X 121.25 ft. To Whom It May Concern- This letter is to advise that the undersigned Owner of Record of the property located at 6501 SW 59 Court, South Miami, is interested in the disposition of the alley between properties located at 6481 SW 59 Court and 6501 SW 59 Court. We wish to notify the City of South Miami that we do not own any part of the alley located in FP,ANX+I -IN SUBDIVISION, PB, 5 -34 on the north side of our property. I can be readied -at 758 -7338 after 3:00 P1V1. 'ours truly, r Theodia Powell Bostick Owner of Record „ a �9 aew CcuTe JIM. H PLAY pR !. Nr >• Y l/r[ t{IPLAt YY rrrr.. Mwto. Aw / Nirl�lr S trfr fre, • (AIY/Q//V H aIY, .tli101Y w Or M•► r am - AY IRfaim in C AV4w .. IMw ra sAr M, w /If ” I, war. w frf trrrr. ! AS,gV,ftr arw. 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V4 of 5.EJe of Sec.25 -54 -40 >n 110 110 ° 27 40 Ul 28 41 29 42 36 N in = 30 V V 43 O O to to 31 44, 32 45 33 46 Ito 110 110 Ito ,°„ 34 47 ° 53 0 m 35 48 36 + 49 u 37 JO u J 50 m to h j 38 S I � 39 b2 I10 . It-Ito 225 110 225 ° 53 0 m 54 t 55 h j J56 = O m • 1O V 57 t 58 = 0 59 0 Ito s L L ap 110 (n,°� v! 60 n 61 = = p 62 V 063 m 64 I ° 65 0 N h i 22? I ^2 5 N� SGUC G ;•fie i � &e � s+ 9 + J s. x t TM • i m SF J +ii(y t 4 t[ y a�. ;•fie i � &e � s+ 9 + J s. x t TM • i m SF J 'e�onsm JUMP CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: December 29, 1998 / Agenda Item # / 1 From: Charles D. Scurr Re: Comm. Mtg. 01/05/99 City Manager Convenience Restaurant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, CONVENIENCE," AS SPECIFIED IN § 20- 3.4(B)(4)(a) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 6290 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33155; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The applicant proposes to locate a new restaurant, Schlotzky's Deli, at the property currently occupied by Kenny Rogers Roasters. The current structure, which is approximately 2,300 square feet, would be demolished and replaced by a new building of 3,198 square feet. The City's occupational license records demonstrate that a convenience restaurant has occupied the property since Arby's opened in 1968. The concept of Schlotzky's Deli hinges upon the motto "fast casual ". The restaurant serves a varied menu, but offers drive - through and counter service. The restaurant would provide interior seating for approximately 68 patrons and exterior seating for approximately 12 patrons. The proposed hours, of operation are 6:30 a.m. to 10 p.m., Monday through Thursday and Sunday; 6:30 a.m. through 11 p.m. Friday and Saturday. The site plan and menu are attached for your reference. It is important to note that the menu includes beer and wine; however, the sale of beer and wine would not be permitted at the subject location due to its proximity to residentially zoned property, per the City's Code of Ordinances. The definition of Convenience Restaurant, special use conditions for all uses, and specific conditions for Convenience Restaurant are included below: City Manager's Report: Schlotzky's Deli 1 DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, convenience. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation is that of a fast-food or drive -in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. The proposed use is located in the "GR" General Retail zoning district. A "restaurant, convenience" is permitted, pursuant to special use approval, as indicated under Section 20 -3.3 of the Land Development Code. Such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 41 of the Land Development Code] (4) RESTAURANTS (a) RESTAURANT, CONVENIENCE No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Public streets, rights -of -way, sidewalks, and required setbacks may not be used for patio or street -side services of any kind. ii. The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. City Manager's Report: Schlotzky's Deli 2 ANALYSIS: The applicant proposes to continue an existing use and improve the property. Therefore. staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111]. regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4, and the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(1)(a)]; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. However, staff believes that the following recommendations should be implemented in order to best serve the surrounding neighborhood and the City as a whole: (1) The mature vegetation along the rear property line should be maintained and augmented. (2) The proposed masonry fence to be located along the rear property line should be replaced by a solid 6 -foot wood fence. • The proposed plan demonstrates a masonry wall along the rear property line. Due to the width of its footers, the installation of the wall would necessitate the removal of mature mahoganies and eureka palms, which effectively screen the abutting apartment buildings. The installation of a wood fence, however, would not require the removal of the vegetation. Additionally, the existing vegetation should be increased to provide a better buffer. Therefore, additional eureka palms should be planted in any gaps existing in the current "hedge line'." Also, the proposed increase in perimeter buffer would allow for an additional hedge to be planted in front of the eureka palms. (3) The mature trees on the East side of the property should be maintained by adjusting the parking spaces. • The proposed site plan demonstrates that a mature black olive tree and royal palm tree would be removed on the East side of the property to accommodate parking spaces. However, a site visit revealed that a slight shift to the North would preserve the mature trees. (4) The mature royal palm, which lies within the proposed building footprint and is identified for removal, should be relocated to the front of the building. • Currently, a mature royal palm is located in the planted drive - through median. The expansion of the building would necessitate the removal of the tree. However, the expansion of the building would also result in a wider outdoor seating area, which is currently, and would continue to be, framed by royal palms and the building. The expansion of the building provides the space for another royal palm. (5) The planted drive- through median should be expanded along the arc. (6) The driving lanes should continue to be one way. City Manager's Report: Schlotzky's Deli (7) The dumpster should be enclosed by a solid 6 -foot wood fence and be washed down at least once daily. (8) Deliveries should occur between 9 a.m. and 9 p.m.. Monday through Friday; and 10 a.m. and 9 p.m., Saturday through Sunday. On November 24, 1998, the Planning Board voted 5:1 to recommend approval of the request per the aforementioned recommendations and noted that a study should be conducted by staff in order to determine the feasibility of allowing the sale of beer and wine in the GR district adjacent to US 1. COMPREHENSIVE PLAN This application does not conflict with the Comprehensive Plan. RECOMMENDATION: Staff recommends approval with the following conditions: (1) The mature vegetation along the rear property line be maintained and augmented. (2) The proposed masonry fence to be located along the rear property line be replaced by a solid 6 -foot wood fence. (3) The mature trees on the East side of the property be maintained by adjusting the parking spaces. (4) The mature royal palm, which lies within the proposed footprint of the building and is identified for removal, be relocated to the front of the building. (5) The planted drive through median be expanded along the arc. (6) The driving lanes continue to be one way. (7) The dumpster be enclosed by a solid 6 -foot wood fence. Dumpster washing occur at least once per day. (8) Deliveries occur between 9 a.m. and 9 p.m., Monday through Friday; and 10 a.m. and 9 p.m., Saturday through Sunday. Attachments: Resolution for adoption Letter of Intent Excerpt of Contract with property owner Reduced Site Plan Menu Mailing Map Excerpt of Planning Board Minutes from November 24, 1998 6290 S Dixie Hwy Schlotzky's Deli.doc City Manager's Report: Schlotzky's Deli 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, CONVENIENCE," AS SPECIFIED IN § 20-3.4(B) (4) (a) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 6290 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject property is located at 6290 South Dixie Highway, South Miami, Florida, 33143, and is legally described in a document attached hereto and labeled as, "Exhibit I;" and WHEREAS, Sizzling Food Concepts, Inc., submitted an application requesting a Special Use Permit, in order to operate a "Restaurant, Convenience," as specified under sub - Section 20- 3 .4 (B) (4) (a) of the Land Development Code; and WHEREAS, subject property is located in the "GR" General Retail zoning district, which permits "Restaurant, Convenience" as a special use, pursuant to applicable conditions; and WHEREAS, the applicant submitted a copy of the lease between the applicant and property owner, demonstrating the property owner's approval of the use; and WHEREAS, the Planning staff has recommended approval of the application for a Special Use Permit with the conditions noted in the attached City Manager's Report, dated December 29, 1998, basing the recommendation upon (a) the merits of the application as it directly relates to specific requirements in the Land Development Code and (b) consistency with the City's adopted Comprehensive Plan; and WHEREAS, on November 24, 1998, the Planning Board voted 5:1 to recommend approval of the Special Use Permit with the conditions noted in the attached City Manager's Report, dated December 29, 1998; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Sizzling Food Public Hearing January 5, 1999: Schlotzky's Deli 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Concepts, Inc., requesting a Special Use Permit to operate a "Restaurant, Convenience" as specified in Section 20- 3.4(B)(4)(a) of the City's Land Development Code, is hereby granted with the conditions noted in the attached City Manager's Report, dated December 29, 1998. Section 2. This approval is subject to and dependent upon the restriction and limitation of the "Restaurant, Convenience" use to 6290 South Dixie Highway, as indicated in the submitted site plan. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of January, 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 6290 S Dixie Hwy Schlotzky's Deli.doc Public Hearing January 5, 1999: Schlotzky's Deli 6 or Ca tJ> 0 a u to u y El. Z Lo 'z z .�$ �N CZ -TI e ` de<'� \ 6', IX i O � Gr (j7; •�^ 11 -y � Gtr /�� G• November 1, 1998 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent Dear City of South Miami: Office line 305 -436 -8778 Office fax 305.436 -0874 Restaurant line 305- 436 -BUNS Restaurant fax 305.436.8160 We intend to demolish the existing drive - through, free - standing restaurant building at 6290 S. Dixie Highway and build a new one, providing 32 parking spaces, a dumpster area and maintaining the existing ingress, egress and all cross - access driveways as well as the driveway circulation on site. We will build a Schlotzsky's Deli prototype brick facade building. Yours truly, SIZZLING FOOD CONFEPTS, INC. By: Ricardo Warman, President THIS LEASE MADE THIS a? day of October, 1998, by and between: 6290 SOUTH DIXIE HIGHWAY, INC., A FLORIDA CORPORATION hereinafter referred to as "Landlord and SIZZLING FOOD CONCEPTS, INC., A FLORIDA CORPORATION hereinafter referred to as "Tenant ". WITNESSETH: 1. Demised Premises: Landlord rents unto Tenant and Tenant leases from Landlord for the term and upon the terms and conditions set forth in this lease, the following described premises: A portion of Tract 2A, E.R. CLARK PROPERTY according to the Plat thereof, as recorded in Plat Book 43, Page 20, and a portion of Lot 5, Block 5, OAK HEIGHTS according to the Plat thereof, as recorded in Plat Book 46, Page 64 of the Public Records of Dade County, Florida, together with the improvements thereon and appurtenances thereto. A Metes and Bounds description of the demised premises is attached hereto as Exhibit "A ". herein called the "demised premises" shall be subject, however to the terms and conditions of this Agreement and to the reasonable rules and regulations for the use thereof, as prescribed from time to time by the Landlord. 2. ug& (a) Tenant shall use and occupy the demised premises solely for the conduct of: a delicatessen under the name or style of: SCHLOTZSKY'S DELI (b) Tenant shall continuously during the full term of this lease and every extension thereof keep the entire demised premises occupied and open for business during the hours hereinafter specified. 3. Term: December 1, 1998 through November 30, 2008. Rental: (a) Tenant shall pay to Landlord, without notice or demand, the sum of not less than Six Thousand ($6,000.00) Dollars per month ( "Base Rent ") the first payment of which shall commence on the day of h w e ie 1 98 and shall continue payable on the day of each succeeding month of each year ddrfng the term hereof. (b) The base rent shall increase at the beginning of each lease year after the first lease year in the amount described below: Commencing on December 1, 1999, the monthly rental shall be equal to the sum of $6,000.00 .multiplied by a fraction, the denominator of which shall be the amount of the Consumer Price Index - U.S. City Average - All Items (1967 -100) for the month of December, 1998 as published by the United States Department of Labor, Bureau of Labor Statistics, and the numerator of which shall be the amount of said Consumer Price Index for the month of December, 1999. In a like manner the rent for each succeeding 12 month period during the term of this lease shall be adjusted and shall equal the amount of the last monthly rental payable by the Tenant multiplied by a fraction, the denominator of which shall equal the Consumer Price Index number for December of the preceding year and the numerator of which shall equal the Consumer Price Index as of the month of December for the year in which the calculation is being made. It is the intent hereof to increase the rental during each year of the option period effective December 1 of each year in accordance with the change in the cost of living measured from one year to the next as hereinabove 01 Pit ------ - - - - 4-at_- -- rw.�_ ------ -- - - -- - - - - - -- S49'59'19'W 29.54' . -L-oP-. - (O 6gf111_ S49.59'19'W 113.82'DEED 112.00' 5' &ule- t- /' I 0.60' ASPHALT DRIVl =WAY y p N 0- u 31t` IM W. °E'aloc V b� J V� Z— z zs Mm oN m Rwo * -, m to MWE p co Nm n IIAP m sz r C z O C O v CONC.COLL MN O it -��1' y • • —�:1 � I::: 9 O • V tD to (r1 Y• :ltj d o G 0.60' ASPHALT DRIVl =WAY y p N 0- u 31t` IM W. °E'aloc V b� J V� Z— z zs Mm oN m Rwo * -, m to MWE p co Nm n IIAP m sz r C z O C O v CONC.COLL MN O POSNER 1` W J , s'�• Ism m Allr ' s erecee � � -a Ir.e• ,•el r i X w N N52.36'28'E 135.10' CHAIN LINK %la10E X891 �� spy -��1' y • • —�:1 tD (r1 Y• :ltj d POSNER 1` W J , s'�• Ism m Allr ' s erecee � � -a Ir.e• ,•el r i X w N N52.36'28'E 135.10' CHAIN LINK %la10E X891 �� spy WELCOME TO SchlotzsWs Deli Home of drlidow but sandwic%es servrd on our famous .Baked f=resh. Daily'" buns and individual surd Souraortan Crust Pi:, zaj (305) 436 -BUNS (2867) Original Sandwiches Ti4F SANmicii THKT Mswe Us Fitnlous! The Original Stn $2.99 Tvasccd svurdough bun, cosec Reg $3.99 mean (Ivan ham. Ccno:t sal.utu, cuctu salgn:l): three ,Ixcscs (mouxella, chedd u. parmesan), mustard. murtx,arcd black >Irvc,, vurvn, lctatcc and tomato Deluxe Original Sm $3.89 Mow than twice tke mcx of Res $4.79 71C Anginal Ham & Cheese Original Sm $5.19 Tvastetl wurdough bun. Reg 53.99 shaved lean ham, three chtcxs, mustard, mumatcd black old r;, onion, Imuw and tomato Turkey original Sm 019 'tutee cheeses, smukrd turkey, Reg $4.19 Genoa salami on a toasted auuntouot bun with Jiglu mayvnnaisc, Jcrcucc, tomitto, marinated black' olivcs'and onion Large Original $6:99 AM Other Large Sandwiches $8.99 OUR OWN MUI?FULETTA The Orignal aii a giant S" bun Light Sandwiches Grilled Chicken Breast $3.59 Juicy grilled chicken breast vn a routed sourtivugtt bun with Pcsto Ranch dressing, lettuce and tonuto Santa Fe Grilled Chicken $319 Scuortcd grilled chicken breast on a mastal lalapcno chccsc bun with melted cheddar clsccac, givtn dines, l,recn onion. Imimc, tomato ,and Iigbi mayonnaise Smokrd'ilatrkey lareaast Sm 02.99 Smoked <tttkcy breast vn a Rey! $3.99 routed svutdQugh bun, light nr yomviixr, lettuce and tomato The Vegetarian SM $2.89 Toasted wheat bun. sliced Reg 53.79 alctuntxr. tonx'to. onion. !cruet, mminatesl I))-tck olives, cheddar dteesc and light Awidt dreosing Deli Sandwiches Grilled Chicken Club 93.99 Succtdcur grilled chicken breast on a roauLl sotudvugb bun ovrth mdtal %:eddar chccsc, crispy bacon. green union. lerntce. tornaro. light mayunnaise and Di un sumcard Turkey ill Bacon Club Sot 53.64 Coasted wheat bun with Reg $6.69 sliced smoked ttuktvti bacon sups, melted tt)Utulrclia and chcdd;tr djoC s43 with light mayonnant. hntucc anti tomam Roast Beef & Cheese sin $3.79 ioastcd sourdough bun, (tot Reg $4.119 FAX (305) 436 -8160 8" Sourdough Crust Pizzas The Original Combination $3.89 Herbcd sourdough crust, pepperoni. rtttmhrooms, Intl p.yycr. 0)11051, Ulu* olives. fresh tomato. rnvuarella cheese and tomato pesto Pepperoni &Double Cheese 93.79 Hcrbccl soun{ukigh ut,st, t,-;IitionaJ fv�vrrte with tvntaw Piero. extra pvruons of mozzarella cheese and pcpperonr Mediterranean 53.69 Herbed soutdoul It crust, fete chccsc, black olives, tvmaty, vuivu and basil pcsto Barbeque Chicken $4.09 Hctbcd SVl:rdvltgh Crust, sttiln of grilled chicken, breast, BBQ sauce., onion, }alapchu' mvz;atdla and chcddu chccsc with tomato paro Double Cheese $3.59 Hcrbed suutdoupJt v use, tvmaro pesto with extra portions of mozzarella and l)arnrcsan cheese Vegetarian Special $3.69 Hcrbed sourdough crust, bell Inpper, onion. nutaltrounu, black olives, basil p:sro, fresh tumt,to and mozzarella chccsc Chicken & Pesto $4.09 Herbed sourdough utut. srrips of grillcd cWckcn breast, gvecst vnivn, basil )xsro, tomato. black olive and invzxarc(la chccsc Smokcd Turkey & jalape fio $3.99 Hcrbed sourdough crust, smoked turkey. jalapeAu pcppets. tomato pest0, mozzarella an frrslt tomato Specialty Pizzas Hacsan,Tomato At Mushroom $3.99 Habcd sourdough crust, toniaty lxsty, bacon, tomato, tttusluvossss anti navzzacella cheese Pour Cheese ei Tentato 83.99 Herbed sourdough crust, has pesto, fresh tomato, 011101). Mozzarella, Monterey Jack, Swiss and yanatesait dtecccs Salads Chinese Chicken Salad $3.89 Romaine letttrcc, strips of grilled chicken brrest, sesan:r, seetla, chow mein noodles. gecn onion and mandarin 'orangcs -Try with Spicy7itai !want dre3aiag Greek Salad $3.79 Mixed lectuie, feta cheese, purple onion, black olives and tomatu. 'Iry with Union Rurcmaq Vinaisgrctic dressing Chicken Caesar Salad $3.89 Romaine letrucc. strips of grillcd duckrn brc rsr.. moualM1 'arxd parmesan dimsrs. Try with Tradiciunal C;aca:xr dressing Caesar Salad 51.99 Samc as above; without cllicktat SutokedTurkrey Chef's Sa gt2 �S.tiy lf,�S q.,> C 1!J 5, l.C_, u:e VI � +fi t ?f1ti��V7t.7TiSC, Icrriicl'and tualato Pastrami & Swiss San $3.69 jlirint:ij c1.vk ryC bun. Jean lief! $4.69 pastrami sliced thin and piled iii0i, spicy nuisiard and Incited Swiss cheese Local Favorites Texas Schlotssky's' Sws 63.49 Toasted ialapcnn <Ilecsc bun, Reg $4.49 Jiaticd La loin, rntltcd ,linAAw cheese. slixd !al>pcno. Imucc. remaro and light mayojimticc Corned Beef, Pastrami Sm $3.79 or Turkey Reuben Reg $4.79 Tuasted dark rye bun. !ran pasrranu. wrnccl 6mi or atttvked turkey, Sa!:crkrnUt, Tlwtuand I)laud dressusg and mdred Swiss cheese Tuns Salad Sm 0.39 Tvasred svurdvuglt bun witlt rul,a Reg, $4.29 xalad, Jcivtu-e. ivnrACV. marinated 1j1aJ< uliw:4 and light m3yunnaisc Soup Humcstydc soup Cult $1.49 Bowl $1.89 pntpa vd in -vorc, flavors c!> --V daily Desserts Baked Fresh Cookies (31SI RQ) $ .39 New York -Style Cheesecake $1.29 Fudge Brownie Cake $1.29 Tossed Salad $1.99 44rxcd letruce, tomato, bell pepper and black vli-,v Potato Salad $ .69 Cole Slaw $ .89 ENJOY OUR CUS1'01i- M :KL'D �A1.1D URD'SINCS Deli Style Potato Chips S .69 ht 5 Carat Flayvn Kid Sehfotzsky'so (Fur l2 & Under Only, Illcase) Pizza Combo $3.29 Kitli cheese plzu. cnoku- and 12 ounce styli drink PBJ Combo 51.99 Peanut L utter And Idl ✓ vn A waster! svtitdvu5h bun. ,.mokic and l2 mi"IX soft drink Cheese Sandwich Combo $2.29 Toasccd svurdvuo buti With thrcc cheeses, cookie and 12 dunce soh drink Ham A Cheese Sandwich Combo $2.29 Tasted wurdouSh bun ,Y,t}, barn & rhrcc rdxcscs. cookie and 12 ounce svft drink Beverages Fvtaitarn Chinks FrrOdy Brtwcd iced 'lea San 5 .89 Mod $ .99 Lg $1.09 Assortcd fivided geYcragcs $1.25 Sc.lilvtuky% Spring %Vkcr 51.09 Dumcsric Beer yr Wine $1.75 Impor%d Bccr or Winc $2.23 BAKED FRESH DAILYr. SOURDOUGH, WHEAT, DARK Ryt AND JALAPENO CHEESE HUNS, PJZZA CRUSTS, COOKIES 3995 NW 107th Ave. altami, FL 33178 (305) 41&BUNS (2867) FAx (3o5) 436 -816o moat" LO ■nn e s N - -- MAILING AREA - -- Applicant: Hearing #: Ricky Warman PB 98 -022 Subject Property 500 foot boundary N Owner: 6290 South Dixie Highway, Inc. Date: November 24,1998 Address: 6290 South Dixie Highway Request: A Special Use Permit for a "Restaurant, Convenience" in the General Retail zoning district, as specified in § 20- 3.4(13)(4)(a) of the Land Development Code. CITY OF SOUTH MIAMI PLANNING BOARD SUMMARY MINUTES Regular Meeting Planning Board Tuesday, November 24, 1998 City Commission Chambers 7:30 P.M. c. I. Call to order and the Pledge of Allegiance to the Flag of the United States. of America A. Mr. Pages, Chairperson, called the meeting to order at approximately 7:35 p.m. IL Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Lefley, Mr. Morton, Ms. Chimelis, Mr. Wiscombe B. City staff present 1. Subrata Basu (Assistant City Manager /Planning Director); Gregory Oravec (Principal Planner /Acting Director); David Struder (Board Secretary) III. Public Hearing A. Item: PB -98 -022 Applicant: Ricky Warman Request: A Special Use Permit for a "Restaurant, Convenience" in the General Retail zoning district, as specified in § 20- 3.4(13)(4)(a) of the Land Development Code. Location: 6290 South Dixie Highway 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board, reviewing an inter - office memorandum entitled Request for Special Use Convenience Restaurant, and noting the eight items of recommendation for approval. 3. Staff confirmed that, prior to tonight's meeting, the applicant was informed of the items for approval noted in the aforementioned memorandum. 4. The public meeting continued. a. Mr. Ricky Warman, President of Schlotzky's Deli, signed in to speak before the Board. Mr. Warman related background information pertaining to the deli, including the establishment's concept of fast casual. b. Mr. Warman related that the establishment is aware of the items for approval and will attempt to meet each one. c. Discussion ensued in regard to number 8 of the several items for approval, particularly regarding deliveries up to 10:00 p.m., and Mr. Wiscombe suggested that a time of 9:00 p.m. be incorporated as part of number 8. d. The Board suggested that any issues pertaining to obtaining and retaining a cross - easement agreement(s), if applicable and necessary, be addressed and satisfied. e. Discussion was held in regard to the City's code not permitting the sale of beer and wine at the location due to its proximity to residential properties, and staff explained that the applicant may initiate a change to the code, if desired. f. The Board and staff wished to note for the applicant's benefit that the item will proceed with the understanding that the sale of beer and wine will not be permitted at the deli, and Mr. Warman indicated his understanding of such a prohibition. g. The Board noted the importance of the establishment being sensitive to adjoining residential properties involving pick up and removal of trash and garbage from the location. 5. The public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker welcomed the establishment to South Miami, both as a new enterprise and as a beneficial addition to the US 1 corridor. 6. The public hearing was closed. 7. The public meeting continued. a. The Board discussed expansion of number 7 of the items for approval, to include stipulation for cleaning of the establishment's dumpster. b. In regard to the Board's earlier discussion regarding the prohibition of the sale of beer and wine, Mr. Pages stated that he wished to send a strong recommendation to City staff and the City Commission to further consider the sale of beer and wine for the US 1 corridor within a similar framework as such sales were further considered for the Bird Road area. 8. Motion: Mr. Lefley moved approval of the application, as per recommendations of staff, inclusive of two amendments: (1) to number 7, that dumpster washing occur at a minimum of once per day, and (2) to number 8, that 9:00 p.m. be the latest for deliveries to occur. Mr. Wiscombe seconded the motion. 9. Vote: Approved 5 Opposed 1 (Mr. Morton) 10. Following the taking of the vote, the Board continued with the public meeting. 11. Mr. Pages put forth the Board's unanimous recommendation that the City conduct a study considering the sale of beer and wine, perhaps as an ancillary use, similar to a study that occurred for the Bird Road area. 12. Discussion was held in regard to what area(s) of the City would be studied, and staff suggested that the GR zoning district be examined, including review of current distance requirements contained in the City's code. 13. The Board suggested that the GR zoning district located along US 1 be studied in particular or be included in a citywide study of the GR zoning district. IV. Public Workshop A. Valet parking ordinance 1. The Board discussed the valet parking ordinance that is currently in draft form. 2. The Board concurred that the new ordinance should be further reviewed by staff, including the Public Works Department and the Planning & Zoning Department, and by the City Manager and the City Attorney, including for the following: a. Valet charges, particularly that they need to be more than meter revenues; b. Insurance concerns, particularly that the risk manager needs to review for various items; c. Valet operators, particularly in regard to what certain operators need to provide; d. Sunset Drive, particularly in regard to loading and unloading on this downtown street. V. Approval of Minutes A. The Board took no vote in regard to minutes at this meeting. VI. Remarks A. Property in the MO zoning district near the Metrorail station 3 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: December 28, 1998 Agenda Item # 3 From: Charles D. Scurr Re: Comm. Mtg. 01/05/99 City Manager ax Xando REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE BI IA, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 1, 1997, the City Commission approved Resolution No. 64- 97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. The following table exhibits information relating to approved and proposed restaurants in the Shops at Sunset Place, including restaurant name, area, and date of approval: Table 1: Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4 /14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5/12/98 Approved 6/02/98 The Country Store 8,279 Recommendation for approval 5/12/98 Approved 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5/12/98 Approved 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5/26/98 Approved 6/09/98 China Grill _._ 6,551 ....: ... ....... ..... Recommendation for approval 6/30/98 Approved 7/21/98 Xando 1,993 Recommendation for approval 12/30/98 1/05/99 Total 42,691 The applicant. Xando. Inc., is requesting a special use permit to operate a General Restaurant, to be named Xando Coffee & Bar, in tenant space B 11 A of the Shops at Sunset Place. The proposed area of the restaurant is approximately 2,000 square feet. and it would provide seating for 24 patrons. Additionally, the applicant is proposing an outdoor seating area to accommodate an additional 71 patrons. The applicant proposes a coffee and bar experience, including alcoholic beverages, an extensive coffee menu and a selection of light food items. The proposed hours of operation are from 6:00 a.m. to 2:00 a.m. A letter of intent is attached, which further explains Xando Coffee & Bar's concept. Applicable Land Development Code regulations are included below: The definition of General Restaurant; special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following; Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers, by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR" Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 40 of the Land Development Codel (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111 ], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (13)(1)(a)]; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. On December 30, 1998, the Planning Board voted 6:0 to recommend approval of the subject application. RECOMMENDATION: Approval. Attachments: Resolution for adoption Letter of Intent. dated November 16, 1998 Sample Menu Letter of Authority from Property Owner, dated December 22. 1998 Reduction of Leasing Plan, Level 1 Reduction of the Proposed Interior Layout Mailing Area Map (500 -foot mailing radius) I 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," 7 PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5701 SUNSET DRIVE, TENANT SPACE B11A, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, Xando, Incorporated, on behalf of 15 Bakery Associates, Ltd., has made application, in order to 16 request a Special Use Permit to operate a "Restaurant, General," 17 to be located in the "SR" Specialty Retail /Residential district 18 and in the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) 19 and Section 20- 7.12(A) of the City's Land Development Code; and, 20 21 WHEREAS, the property is located as part of 5701 Sunset 22 Drive, South Miami, Florida, 33143, and is legally described in a 23 document attached hereto and labeled as, "Exhibit l;" and, 24 25 WHEREAS, the property owner has submitted a letter of intent 26 authorizing the future use proposed by the applicant; and, 27 28 WHEREAS, Planning & Zoning Department staff has recommended 29 approval of the application for a Special Use Permit, which 30 recommendation is based upon (a) the merits of the application 31 and (b) consistency with the City's adopted Comprehensive Plan; 32 and, 33 34 WHEREAS, on December 30, 1998, the Planning Board voted 6:0 35 to recommend approval of the Special Use Permit; and, 36 ' 37 WHEREAS, the Mayor and City Commission of the City of South 38 Miami desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 41 OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. The request submitted by Xando, Incorporated, 44 tenant, for a Special Use Permit to operate a "Restaurant, 45 General," which is to be located in the "SR" Specialty 46 Retail /Residential district and the Hometown. District, pursuant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 to Section 20-3.4(B) (4) (b) and Section 20- 7.12(A) of the Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restrictions and limitations of the "Restaurant, General" use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5`h day of January, 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR r— 1. n 'wd A t y •� , jj A ponicn of 81ccx.: 1 and 2 ano that Street between EIor.xs 1 and 2 desicnated as Churcn Street. kno•rm as Nor•. Red Court, ana now known as SW 57, Court, 'Carvers Subdivision', ac1rcing ►c Me plat Mereof as reccrced in Plat Eaox 6 at Pace 35 of the Public Records of Oace Ccunrr. F chda. being more parccularty descncec as follows: Commence at the Southwest comer of Lot 13, Bloch 2 of said recorded plat of 'Carvers Subdivision'; thence North 04 ^1745' West, along tie West line of said Lot 13, for 25.00 feet to the Paint of Beginning of the hereinafter descrted parcel of land: thence continue North 04^1745' West. along the Wesr line of said Lot 13. for 125.14 feet to the Northwest cmer of said Lot 13 thence North asm x 4i e Fast. along :he North fine of said Lot 13, for 50.01. feet to the Northeast corngr of said Lot 13: thence North 04mnr West. along the West fine of Lots 9 of said Block Z for 50.07 feet to the Northwest comer of said Lot 9: thence South 85A14130' West. along the SCUM fine of Lat 17 of said Black 2. for 139.67 feet to the Easterly Flight -of -Way Ifne of SW 58th Avenue, as described in that certain Right -of -,Nay Deed, recorded in Official Records Book 17359, at Page 3073: the following four (4) courses being along the said Easterly Right -of -Way line of SW 58th Avenue: thence North 04AZS -Mo West. along a line 11.00 feet East of and parallel with the West line of Lots 17 18 and 19 of said Block 2, for 142.35 feet to a point: thence North 03 ^10'15- West for 9.00 feet to a point; thence North OZ ^32'40' East for 49.89 teat to a point: thence North 04o',WSO' West for 13922 feet to a point on the Northeriy tine of said Bieck 2 thence North 43^46759' East~ along the Northerly fine of ' said Blade 2 and the Southerly Right -af -Way line of South Ouse Highway Na 1 (State Road No. 5), for 334.10 feet to a poinr, thence North 4&%42'58" East, along the Right -of- Way fine of Stale Road No. S. as described in those certain Right-of-Way Deeds. recorded in Official Records Book 4131, at Page 596 and Official Records Boole 4132 at Page 11, for 366.95 feet to a point of curvature with a cft=jiar carve in the westerly Right -of -Way fine of SW 571h Avenue (Red Road): the following two (2) courses being along the said Westerly Rigttt -of -Way line of SW 57th Avenue (Red Road), as described in that cartain Right -of -Way Deep, recorded in Official Records Sook 17500 at Page 3714 and as descn.-cad in that certain Dade County Disclaimer, recorded in official Records Book 17498* at Page 1540; thence Southeasterly, along a circular curve concave to the Southwest having a radius of 25.00 feet, a. central angle of .128^SB'48' far an arc of 5628 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East line, of said BI= 1; thence South 04^18'130 East parallel with the East line of said Black 1, for 912.:39 feet to a point of curvature: thence Southwesterly along a circufar curve concave to the Northwest having a radius of 25.00 feat. a central angle of 89A33'2T for an arc distance of 39.08 feet to a Point of Tangency with a fine 25.00 feet North of and parallel with the South line of said Blocks 1 and 2: thence South 85 ^1514' West. parallel with the South fine of said Blocks 1 and 2 and the Northerly Right -of Way line of SW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 1513 and as described in that certain Right -of -Way Deed. recorded in Official Records Back 17359 at Page 3068, for 474.40 feet to the Point of Beginning; containing 9.708 Acres more or tens. CHADROFF, TERMINELLO & TERiNlINELLO ATTORNEYS AT LAW A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS ALSO ADMITTED IN: 'NEW YORK 'WASHINGTON. D.0 "NEW YORK LEGAL ASSISTANTS: November 16, 1998 ROSIE GONZALEZ EDWIN CHAVES Gregory J. Oravec, Planner City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 • • u _u Dear Mr. Oravec: BROWARD OFFICE 2455 HOLLYWOOD BLVD. SUITE 118 HOLLYWOOD. FL 33020 (954)929.9600 The undersigned represents XANDO, INCORPORATED, Your Applicant for a public hearing to request a special use permit to operate a "Restaurant General," which is to be located in the "SR" Specialty Retail /Residential district and the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) and Section 20- .17.12(A) of the Land Development Code. Several other restaurants have already been approved for a special use permit, such as: Swampy's Wilderness Grill, Johnny Rockets, China Grill, Game Works, Coco Pazzo and The Country Store. XANDO, INCORPORATED's proposed square footage is approximately 1,302 square feet and the prep /storage area is approximately 6 -700 square feet. Therefore the total square footage is approximately 2,000 square feet. The store is within space #811A on the street level and the storage /prep area is on the 3rd level. The number of employees will vary by day and time by day. Typically, we would have between 3 -8 employees per shift. The hours of operation will probably be between 8 -9:00 a.m. and 2:00 a.m., or the maximum hours permitted by City of South Miami ordinances. 2700 S.W. 37 AVENUE `IIAI`ii, FLORIDA 33133 -2728 SY CHADROFF (305) 444 -5002 LOUIS J. TERMINELLO' FAX: (305) 448 -5566 NANCY TERMINELLO" MATTHEW R. COHEN PLEASE REPLY TO: ROBERT F. LEWIS N1IAINII ALSO ADMITTED IN: 'NEW YORK 'WASHINGTON. D.0 "NEW YORK LEGAL ASSISTANTS: November 16, 1998 ROSIE GONZALEZ EDWIN CHAVES Gregory J. Oravec, Planner City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 • • u _u Dear Mr. Oravec: BROWARD OFFICE 2455 HOLLYWOOD BLVD. SUITE 118 HOLLYWOOD. FL 33020 (954)929.9600 The undersigned represents XANDO, INCORPORATED, Your Applicant for a public hearing to request a special use permit to operate a "Restaurant General," which is to be located in the "SR" Specialty Retail /Residential district and the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) and Section 20- .17.12(A) of the Land Development Code. Several other restaurants have already been approved for a special use permit, such as: Swampy's Wilderness Grill, Johnny Rockets, China Grill, Game Works, Coco Pazzo and The Country Store. XANDO, INCORPORATED's proposed square footage is approximately 1,302 square feet and the prep /storage area is approximately 6 -700 square feet. Therefore the total square footage is approximately 2,000 square feet. The store is within space #811A on the street level and the storage /prep area is on the 3rd level. The number of employees will vary by day and time by day. Typically, we would have between 3 -8 employees per shift. The hours of operation will probably be between 8 -9:00 a.m. and 2:00 a.m., or the maximum hours permitted by City of South Miami ordinances. Gregory Oravec, Planner City of South Miami November 16, 1998 Page -Z- As you can see by the enclosed proposed menu, XANDO's principal business is the sale of food and beverages, including alcoholic beverages in conjunction with a restaurant, to the customer in a ready -to- consume state where customers are normally provided with an individual menu. XANDO's operation will not.adversely affect the health or safety of persons residing or working in the vicinity of the proposed use. Their business operation will not be detrimental to the public welfare or property or improvements in the neighborhood and in fact is compatible with the other uses within the Sunset Shops. Their business will bring employment opportunities to people in 'the community and will offer patrons a friendly, clean and pleasant environment for casual dining from breakfast through late dinner or smaller portion snacks with a cafe ambiance. Thank you for your kind consideration in please do not hesitate to contact me questions in this regard. Very truly yours, Nancy erminello NT /nt Encls. Xando zoning /letter of intent.wpd this matter. Of course, if you should have any Day 8 NI'07Lt F&re x a n d o C O F F E E A N D B A R tLe SLOPS &t SuhSet p4ce sou#. h i&h i, floriJ& L4 /'1k Espresso M Espresso shot i Espresso e Espresso shot R r` '.$ C 80 $2.00 $2.15 4;x$1 60 `31.85 $2.10 $1.85 $2.10 $2.35 $1.25 $1.45 $1.55 �y { Add a slot of flavor to any xando coffee for 25 +s Alt.ond, AIt••ond Roe.&, Blackberry, C&r&h, -tl, Hazelhut, Sugar -Free Hazelnut, Miat, Raspberry, Vanilla, Su'ar -Free Vanilla R £ � solo doppio $1.35 $1.60 $1.35 $1.60 ed milk $1,4.0 $1.65 oed cream 116 r,•e wrnan. $3.25 Add a slot of flavor to any xando coffee for 25 +s Alt.ond, AIt••ond Roe.&, Blackberry, C&r&h, -tl, Hazelhut, Sugar -Free Hazelnut, Miat, Raspberry, Vanilla, Su'ar -Free Vanilla Iced Cold Coffees tat) 9rande 919Ante Iced Latte $2.30 $2.95 $3.15 Espresso with milk over ice Iced Vanilla Latte $2.55 $3.20 $3.40 Iced Mocha $2.55 $3.20 $3.40 Espresso, milk, and chocolate syrup over ice Iced Caramel Mocha $2.80 $3.45 $3.65 Iced Americano $1.60 $1.85 $2.10 Espresso poured over water and ice Iced Almond Americano $1.85 $2.10 $2.35 Iced Coffee $1.55 $1.80 $2.05 fced Coffee Scremv%ers We all serest., for tee cre&#h ! Top your favorite iced xando coffee WK ice treat„ or frozen yogurt for an additional $1.25. Sot..a ideas... Iced Mocha Screamer - a xando Mocha with vanilla ice cream Iced Caramel Mocha Screamer - with chocolate ice cream Iced Vanilla Latte Screamer - with vanilla ice cream Arctic L&ttps & Moe-45 U11 grande 7i9ante Arctic Mocha $2.70 $3.20 $3.60 Blended, frozen xando Mocha Power Arctic Mocha $3.20 $3.70 $4.10 Blended, frozen xando. Mocha with an invigorating dose of proteins, vitamins, and carbohydrates Arctic Mocha Screamer Top with chocolate ice cream - add $1.25 Espresso Arctic Mocha $3.15 $3.65 $4.05 With an extra shot of espresso Mint Arctic Mocha -$2.95 $3.45 $3.85 Mint Arctic Mocha Screamer With mint chocolate chip ice cream - add $1.25 Caramel Arctic Mocha $2.951 $3.45 $3.85 Arctic Latte $2.45 $2.95 $3.35 Blended, frozen xando Latte Power Arctic Latte $2.95 $3.45 $3.85 Arctic Latte Screamer Top with vanilla ice cream - add $1.25 Vanilla Arctic Latte $2.60 $3.20 $3.65 Raspberry Arctic Latte $2.60 $3.20 $3.65 Almond Roca Arctic Latte $2.60 $3.20 $3.65 Te&s tall 9rande 9i9ahte Oregon Chai Tea Latte $2.55 $2.80 $3.05 More Hot Bever&7es tall" 9ra. 9i9ahte Hot Apple Cider $1.95 $2.25 $2.55 Hot Caramel Apple Cider $2.20 $2.50 $2.80 To with whipped cream for 50¢ Hot Chocolate Mint Hot Chocolate More Cod $2.10 $2.30 $2.55 $2.35, $2.55 $2.80 Bever&7es till 9rande 9i7&hte Iced Chai Tea Latte A luscious combination of black teas, $2.80 $3.05 Iced Tea $1.20 honey, fresh ginger, and vanilla with $1.60 Raspberry - Vanilla Creamsicle $1.90 $2.20 cinnamon, cardamom, and clove Blackberry Italian Soda $1.60 $1.80 $2.20 mixed with steamed milk, and a layer of foam Earl (grey (black) $1.00 $1.30 $1.60 English Breakfast (black) $1.00 $1.30 $1.60 Hot Cinnamon Spice (black) $1.00 $1.30 $1.60 Passion Fruit (black) $1.00 $1.30 $1.60 Vanilla (black) $1.00 $1.30 $1.60 Chamomile (herbal) $1.00 $1.30 $1.60 Raspberry (herbal) $1.00 $1.30 $1.60 Peppermint (herbal) $1.00 $1.30 $1.60 Jasmine (oolong) $1.00 $1.30 $1.60 Sencha (green) $1.00 $1.30 $1.60 j All l,er6d tg&s are haturally aCeaff¢ih&t¢d St e. mv%e r5 _ tall 9rande yigahte Blackberry Steamer $2.15 $2.35 $2.55 t Steamed milk with blackberry flavor Raspberry Steamer $2.15 $2.35 $2.55 Almond Roca Steamer $2.15 $2.35 $2.55 Mint Steamer $2.15 $2.35 $2.55 More Hot Bever&7es tall" 9ra. 9i9ahte Hot Apple Cider $1.95 $2.25 $2.55 Hot Caramel Apple Cider $2.20 $2.50 $2.80 To with whipped cream for 50¢ Hot Chocolate Mint Hot Chocolate More Cod $2.10 $2.30 $2.55 $2.35, $2.55 $2.80 Bever&7es till 9rande 9i7&hte Iced Chai Tea Latte $2.55 $2.80 $3.05 Iced Tea $1.20 $1.40 $1.60 Raspberry - Vanilla Creamsicle $1.90 $2.20 $2.50 Blackberry Italian Soda $1.60 $1.80 $2.20 ails Cappuccino FrangelCo Frangelico in a frothy xando Cappuccino The Captain's Caramel ^Apple Cider $5.75 Captain Morgan's Spiced, Rum; caramel syrup, and Hot Apple Cider topped with whipped cream Peppermint Pattie T $5.50 Creme de Menthe in a xando Hot Chocolate with whipped cream j, { Raspberry Razzmatazz. Brandy, Black Raspberry Liqueur, and Creme de Cassis in a xando Mocha with whipped cream Very Vanilla Coffee ' $4.95 Vanilla Liqueur in a xando Brew with whipped cream and sugar Bailey's Coffee $5.50 Bailey's Irish Cream in a xando Brew with whipped cream Kahlua Coffee $5.50 Kahlua in a xando Brew with whipped cream Irish Coffee J1, $5.25 Irish Whiskey in a xando Brew with whipped cream and sugar Keoke Coffee $5.25 Kahlua, Brandy, and Creme de Cacao in a xando Brew With whipped cream Gri11¢d P &hlhi All Panini sandwial.es served Witt, A;ps. Vegetarian Garden Panini $4.95 Roasted red and yellow peppers, eggplant, tomato, and fontina cheese with a creamy herb cheese spread on country bread $4.95 Country Ham Panini $4.95 Honey -baked ham with melted Gruyere Swiss cheese and Dijon mustard on country bread $4.95 Chicken Salsa Verde Panini $4.95 Grilled chicken breast with a fresh basil spread, grilled red peppers, tomatoes, and fresh mozzarella on country bread Panini Americano $4.95 Aged cheddar cheese, hickory- smoked bacon, and tomato Penne pasta, tomatoes, and feta cheese with roasted with tangy Dijon sauce on country bread roasted peppers, black olives, and vinaigrette in an herb wrap Turkey Brie Panini $4.95 Roasted turkey breast, brie cheese, tomato, and whole grain mustard on country bread Pizza Focaccia $3.25 Roasted red and green peppers, onions, and on focaccia bread X &hdw> AqS & Wr&ps I... not 6e sysilable We ni'lt) All %&hJwicl.es & wraps served witl, ei.ips. Ham and Gruyere Cheese %andwich $4.95 Honey -baked ham with Gruyere Swiss cheese and Dijon mustard on a baguette Tuna Cranberry 'Wrap $4.95 Tuna salad with sundried cranberries and celery on a bed of spring greens and vegetables in a tomato wrap Turkey Club Wrap $4.95 Roasted turkey and Gruyere Swiss cheese on a bed of spring greens and vegetables with. Balsamic vinaigrette in a spinach wrap Greek Salad Wrap $4.95 Penne pasta, tomatoes, and feta cheese with roasted roasted peppers, black olives, and vinaigrette in an herb wrap Pesto Chicken Salad Wrap $4.95 Chicken salad lightly seasoned with basil puree on a bed of spring greens and vegetables in a honey wheat wrap soups & S&I &Js (t sr net 6e available late ni91t) Soup or Stew of the Day priced daily %ando House Salad $3.25 Mixed organic greens and lettuces with matchstick carrots, tomatoes, and mushrooms with choice of dressing House Salad with Turkey and Gruyere $4.95 Roasted turkey and Gruyere Swiss cheese on a bed of spring greens and lettuces with matchstick carrots, tomatoes, and mushrooms with choice of dressing Oriental Sesame Noodle Chicken Salad $4.95 Chinese egg noodles and breast of chicken tossed with oriental vegetables in a sesame ginger dressing Strawberry Banana $2.25 $2.80 $3.30 A smooth blend of strawberries, Desserts . m Mango Pina Colada $2.25 Ask your server &bout our idessert and pastry speci&ls. A delicious blend of mango, pina Chocolate Suicide Truffle $3.95 Our most popular offering--a dense, chocolate truffle Yogurt tall cake with whipped cream and almonds Ice Cream dc. Frozen Yogurt $2.00 $2.75 $3.50 Chocolate Peanut Butter Earthquake $3.95 Sundae A fudge brownie topped with a peanut butter mousse, Ice cream or frozen yogurt, chocolate peanuts, and chocolate glazing whipped cream, and a cherry Carrot Cake $3.95 $3.75 A traditional carrot cake topped with cream cheese frosting and walnuts := Chocolate Mousse Cake $3.95 A chocolate wafer crust filled with silky chocolate mousse and topped with whipped cream Tri- Colored Mousse Cake $3.95 Strawberry Banana $2.25 $2.80 $3.30 A smooth blend of strawberries, bananas, and lowfat yogurt Mango Pina Colada $2.25 $2.80 $3.30 A delicious blend of mango, pina colada, and lowfat yogurt Ice Crearv% & Frozeri' Yogurt tall 9r &nde 9i9ante Ice Cream dc. Frozen Yogurt $2.00 $2.75 $3.50 Ask your server about our flavors Sundae $3.75 $4.50 Ice cream or frozen yogurt, chocolate sauce, a dry topping of your choice, whipped cream, and a cherry Coffee Swirl $3.75 Scoops of vanilla ice cream swirled with iced coffee Mr. Gregory J. Oravec, Planner CITY OF SOUTH MIAMI Planning & Zoning Department 6130 Sunset Drive South Miami, FL, 33143 Reference: Dcar Mr. Oravec: SIMON PROPERTY GROUP December 22, 1998 Via FAX to 305.666.4591 REST AURA.IYT GROSS LEASABLE AREA — Updated XANDO SHOPS AT SUNSET PLACE SPACE # B/ 01/ 1 IA SOUTH MIAMI, FLORIDA This letter is to acknowledge Xandos' utilization of a revised total of 1,993 square feet (1,317 square feet on the ground level for restaurant use and 676 square feet on the third floor for preparation and storage) and that this will count against the restaurant cap. Please contact me at your convenience if I can offer any additional assistance. 1 can be reached at the direct- dial number indicated below. I can also receive facsimile transmissions at (317) 685 -7222 or 685 -7269 and email at rhorkay@,viman.com. Sincereiv, Robert L. Horkay Tenant Coordinator Direct Dial (317) 263 -7916 Copy: Tishn Anspach, Chadroff. Terminello & Termincllo (Ms. Nancy Termincllo, Esq. — via FAX to 305.448.5566), Aaron Cohen (via FAX to 844.4527), Nena 14inric" Eddie Latessa (via FAX to 617.864.5990), Tom Schneider, Mike Sharp, Site Office (Ron Grabill, lion Klink - via FAX to 305.663.6619), Tenant Pile, Central Files M �TENcOa',CEN-rER&,030:."1,00009 LWX NATIONAL CITY CENTER o POST OFFICE BOX 7033 a INDIANAPOLIS, INDIANA o 46207 0 317 - 636.1600 m ( W V U V J OYI \I Z g Z a J CL Z Z an CO a. = ° a ouu¢ z w J°_Ja Z Z m \ E K Z.J _J Z ° aaan ¢n°N._ ° JJ uocJZ-U = M \ w n n 0 J J — W n (M K as wWna b W J J J W a JQQ Q l Z.W U W 3 a U u l7 Q J W :D ... Z Z Z -- (!�Iy a —Z Zuamm Z Z a' U W Qa' Ww"w JJ U Q�- -v1Zaa .� — N — W �) �JU< <"xa n. 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P 1� �,.. t ,r Syr.. .�.. .•. ,•.A r MULLUJM ey tam; } "• ��. ��..�' M yy �•! •+ fir•- .77.E ' 1 • �� r �r_. — .tw•nl��w •��M�/R7•t'•� ;f•s • fi Ys i - ;- a3, r dir sow -.7 •i ./ • •r t. �i. .. • :� . • , • • tf y•� r r M• {� fir .r. ,..:•ii.'r -••. i ^M •-• •� •a••.. •�•• �' +� h r r !t • tr• f• ► �. t f. ,11 fr -i- ISO to •�M ✓. r., rl Ans All w F1 7 1 -A 1�� Z 89 16 {[ y...: - -- MAILING AREA --- Applicant: Hearing # Xando, Incorporated PB 98 -023 -• Subject Property Owner: 500 foot boundary N Bakery Associates, LTD. Address: Date: December 8, 1998 5701 Sunset Drive, Tenant Space B 11 A Request: A Special Use Permit for a "Restaurant. General" in the Hometown District, as specified in - A 4 b of the Land Development Code. § 20 � (B)( )O P PLANNING BOARD CITY OF SOUTH MIAMI v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: December 31, 1998 From: Charles D. Scurf Re: AGENDA ITEM #jr City Manager fa.04 Commission Mtng. 1/5/99. AFSCME Collective Bargaining Agreement With this memorandum, I am recommending that the City Commission approve the collective bargaining agreement between the City of South Miami and the American Federation of State, Council and Municipal Employees ( AFSCME) for the 1998/99 fiscal year. The agreement is effective October 1, 1998, and provides for a four and a half percent (4 1/2 %) increase for members of the union. The union had requested some changes in the pension plan for general employees that we agreed to postpone discussing until completion of the City Commission approved feasibility study on transfer of our pension plan to the State Retirement System. The cost of implementing this agreement will be charged to the General Contingency account #001 - 2100 -519 -9920 as approved in the 1998/99 fiscal year budget. For your information, the rank and file ratified the agreement on Wednesday, December 23, 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER AFSCME) FOR THE 1998/99 FISCAL YEAR. WHEREAS, the City Manager and the AFSCME, have reached a Collective Bargaining Agreement for the 1998/99 fiscal year; and WHEREAS, the agreement has been ratified by the union rank and file on December 23, 1998, and WHEREAS, the agreement provides that: (a) All bargaining unit employees who are employed in positions covered by the unit on the date this agreement is approved by the City Commission shall receive a four and a half percent (4' /z %) wage increase effective October 1, 1998. (b) Negotiation on pension related matters for the Collective Bargaining Unit shall be deferred until completion of the City Commission approved feasibility study on transfer of City pension plan to Florida Retirement System. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby accepts the aforementioned amendments to the agreement between AFSCME and the City of South Miami. Section 3. That the City Manager is hereby authorized to implement the amendments to the agreement on behalf of the City of South Miami. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 51998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: December 31, 1998 From: Charles D. Scurf Re: AGENDA ITEM # b City Manager fc000 Commission Mtng. 1/5/99. 41/2% Adjustment to Non -Union Employees Pay Plan The purpose of this memorandum is to recommend City Commission approval for a four and a half percent (4 %z %) increase adjustment in the pay -plan for non -union employees. I am recommending this increase in order to keep the wages for this group of employees in line with that of union employees of the City. The adjustment will be effective October 1, 1998. The cost of implementing this adjustment will be charged to the General Contingency account #001 -2100 -519 -9920 as approved in the 1998/99 fiscal year budget. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A FOUR AND HALF PERCENT (4 1 /z %) INCREASE ADJUSTMENT TO THE CITY PAY PLAN FOR ALL NON -UNION EMPLOYEES UNDER THE CITY MANAGER'S SUPERVISION; AUTHORIZING OCTOBER 1, 1998, EFFECTIVE DATE FOR THE INCREASE; AND AUTHORIZING THE CITY MANAGER TO CHARGE THE APPROPRIATE ACCOUNTS FOR PAYMENT OF THE INCREASE. WHEREAS, the City Manager and the AFSCME, have reached a Collective Bargaining Agreement for the 1998 /99 fiscal year; and WHEREAS, the agreement provides for four and half percent (4 '/z %) wage increase for the unions' rank and file, and WHEREAS, in order to avoid disparity and compaction in the City pay plan, the City Manager is recommending a four and half percent (4 '' /2 %) wage increase to all non -union employees under his supervision, effective October 1, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the aforementioned City Manager's recommendation is hereby accepted. Section 3. That the resulting cost from adjusting the pay plan in 1998/99 fiscal year be charged to the budget accounts determined to be appropriate by the City Manager. Section 2. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of 11998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: December 30, 1998 Agenda Item # From: Charles D. Scurr Re: Kendall -SR 826 Corridor / Major City Manager Investment Study BACKGROUND & ANALYSIS: The Miami -Dade County Transit Agency (MDTA) has undertaken a "Kendall -SR 826 Corridor Major Investment Study (MIS) ". One of the alternatives under consideration, Alternative 9, would use the Florida East Coast (FEC) Railway right -of -way along SW 69t" Avenue as a corridor for mass transit. As a result of public input and overwhelming objection voiced at the November 16, 1998, Town Hall meeting, to the use of the FEC right -of -way, the attached resolution from the City of South Miami Commission to the Miami -Dade County Commission has been developed. RECOMMENDATION Your approval is recommended. attachment: 1) resolution for adoption 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE TRANSIT AGENCY (MDTA) KENDALL SR 826 CORRIDOR MAJOR INVESTMENT STUDY (MIS) , OBJECTING TO THE ALIGNMENT SHOWN IN ALTERNATE 9 DUE TO ITS INCOMPATIBILITY WITH AND IMPACT ON THE SAFETY AND QUALITY OF LIFE OF THE SURROUNDING RESIDENTIAL AREAS, AND STRONGLY URGING THE MIAMI -DADE COUNTY COMMISSION TO ACQUIRE THE ABANDONED FEC RIGHT -OF -WAY FOR THE PURPOSE OF CREATING A RAILS - TO- TRAILS PROJECT FOR THE ENJOYMENT AND BENEFIT OF THE WHOLE COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MDTA has undertaken an MIS to analyze existing and future mobility needs in the context of land use planning and economic development, and to maximize efficiencies and opportunities among various transportation modes; and, WHEREAS, a long list of alternatives review draft dated December 15, 1998, prepared for Miami -Dade Transit Agency and prepared by consultant DMJM - Miami, outlines a series of nine alternatives; and, WHEREAS, the City Commission recognizes that a study needs to be conducted to develop and evaluate various options for a safe, efficient and, aesthetically pleasing pedestrian connection; and, WHEREAS, the north -south segment of Alternate 9 located along, the existing FEC right -of -way located along SW 69 Avenue directly abuts the City of South Miami and South Miami Elementary, Junior High, and High Schools; and, WHEREAS, Alternate 9 will impact the welfare and safety of the students and the residents; and, WHEREAS, a transportation corridor as proposed in Alternate 9 will greatly diminish the quality of life and the property values of the abutting well- established and older residential areas; and, Corridor /Major Investment Study Resolution 1 1 WHEREAS, contrary to the study objectives of encouraging and 2 supporting a transit- friendly framework for future development, 3 the alignment runs through the low density single- family 4 residential area and has no activity generator along the 5 corridor; and, 6 7 WHEREAS, FEC right -of -way is too far to the east for the 8 purpose of connecting the west Kendall and the Miami 9 International Airport and the various population centers in 10 between; and, 11 12 WHEREAS, the use of FEC right -of -way and any at grade 13 transportation system will greatly jeopardize east -west movement 14 along the major arterials; and, 15 16 WHEREAS, the residents of South Miami, in 1992, were assured 17 of the County's effort to convert the abandoned FEC right -of -way 18 to a recreational amenity for the benefit of the whole community; 19 and, 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 22 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT THE MIAMI -DADE COMMISSION IS 23 HEREBY REQUESTED: 24 25 Section 1. To direct the MDTA to eliminate Alternate 9 from 26 further consideration. 27 28 Section 2. To direct the MDTA to emphasize the improvement 29 of the existing transportation infrastructure, such as with a bus 30 service, by making it faster, dependable, safe, and comfortable. 31 32 Section 3. To direct the administration to explore avenues 33 to acquire the abandoned FEC right -of -way for the enjoyment and 34 the benefit of the whole community. 35 36 37 38 39 40 41 42 43 PASSED AND ADOPTED this 5th day of January 1999. 44 45 Corridor /Major Investment Study Resolution 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPTED this 5th day of January 1999. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Corridor /Major Investment Study Resolution MAYOR 3 I r-r To: Mayor and Commission From: Charles Scurr City Manager REQUEST CITY OF SOUTH MIAMI Date: January 5, 1998 Agenda Item # I? Professional Services Contract with The Government Services Group, Inc. For the Development of Funding Alternatives for Enhanced Public Safety Approval of a professional services contract with the Government Services Group, Inc. in the amount of $14,520.00 for the development of funding alternatives for enhanced public safety as a result of the Shops at Sunset Place. BACKGROUND AND ANALYSIS The Shops at Sunset Place represent a tremendous benefit to the City of South Miami. The need for additional public sector services, as discussed extensively during the budget process, is significant. The estimated impact for FY 1998 -99 is $1,000,000. The majority of these expenses relate to the need for an expanded police department at a minimum cost of $750,000 annually. It is critical that the City explore potential new funding sources to offset these expenses. If new funding sources cannot be found then the long term ramifications will require increases in ad valorem property taxes. In developing a funding plan it is necessary to realize that any special fee or surcharge may have to withstand legal challenge. It is, therefore, necessary to engage expert counsel and professional services to ensure that all background legal requirements, such as developing a rational nexus, are complete. The Government Services Group (GSG) is based in Tallahassee, Florida and are the recognized experts in the State of Florida in developing new and innovative municipal funding sources. One of their recent accomplishments was working with the City of Miami in developing new sources of revenue, such as the Fire Rescue Fee, that have helped that City recover from a $47 million deficit. The scope of work, which is presented in the attached Work Plan, will include a review of the City's current budget situation, quantification of the cost for enhanced services, and preparation of a Memorandum of Findings which outlines the enhanced services and recommendations as to how to fund the enhanced services. Following presentation of the Findings the City would select a preferred alternative(s) and begin the detailed process of implementing same. It should be noted that, depending on the options available, additional professional services may be required to implement the alternatives. It should also be noted that the City is also working with the University of Miami School of Law and Frank Schnidman, Director of the Graduate Program in Real Property Development. This pro bono effort of the University is complimentary to the scope of work to be performed by GSG. Finally, it should be noted that the City Attorney has been instrumental in identifying and securing the services of both GSG and the University. Funding for the Study will come from the General Contingency Line Item 01- 2100 -519 -9920. This account, after deductions for the PBA, AFSCME and General Employee wage adjustments, will have a balance in excess of $100,000.00 RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICES 5 CONTRACT FOR THE DEVELOPMENT OF FUNDING ALTERNATIVES; 6 APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $14,520.00 FOR THE 7 GOVERNMENT SERVICES GROUP, INC, FROM ACCOUNT 01- 2100 -519 -9920, 8 GENERAL CONTINGENCY 9 10 I 1 WHEREAS, the opening of the shops at Sunset Place is requiring significant increases in City 12 services, particularly in the public safety area; and 13 14 WHEREAS, it is necessary for the City to find viable sources of funding for these new services; 15 and 16 17 WHEREAS, the Government Services Group, Inc. is the recognized expert within the State of 18 Florida in developing these new sources of funding and is uniquely qualified to provide this service. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI: 22 23 Section 1. The City Commission hereby authorizes the City Manager to enter into a 24 Professional Services Agreement for the Development of Funding Alternatives with the Government 25 Services Group, Inc. in an amount not to exceed $14,520.00 from Account # 01- 2100 -519 -9920, General 26 Contingency. 27 28 Section 2. This resolution shall take effect immediately upon approval. 29 30 31 PASSED AND ADOPTED this day of , 1998. 32 33 ATTEST: APPROVED: 34 35 36 37 City Clerk Mayor 38 39 READ AND APPROVED AS TO FORM: 40 41 42 43 City Attorney GOVERNMENT SERVICES GROUP, INC. Providing Solutions & Systems to Local Government October 15, 1998 VIA FEDERAL EXPRESS Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami Development of Fundin g Shops at Sunset Place Dear Charles: ACT F 198 CITY MiANWER'S OFFICE Proposed Work Plan and Fee Structure for Alternatives for Enhanced Public Safety at The This correspondence is written in response to your request that Government Services Group, Inc. ( "GSG) prepare a proposal to provide specialized assistance to the City of South Miami (the "City ") and its staff in the development of funding alternatives to provide enhanced public safety at The Shops of Sunset Place ( "The Shops "). It is our understanding that while The Shops will become one of the premier destinations in the South Florida area and enhance the City's economic opportunities, the budget impact of this entertainment complex just for police services has been estimated at an additional $750,000 on an annual basis. Thus, the City is faced with the challenge of identifying new funding sources for these enhanced public safety services. Attached as Appendix A is a work plan which articulates the anticipated special counsel and non -legal consulting services required to assist you in conducting the review and evaluation of potential funding alternatives which specifically address the City's goals and objectives. As you may be aware, GSG is an affiliated company created and partially owned by Nabors, Giblin & Nickerson, P.A. ( "NG &N "), a law firm specializing in local government finance and taxation law regarding economic development, CIP planning and finance, transportation, water and sewer, and other critical infrastructure and service needs for cities and counties across the State. NG &N would assist GSG in the development of funding alternatives. Appendix B provides an hours and fees matrix on a task -by -task basis to assist the laity in determining the amount of the work effort required to develop proposed funding alternatives. Appendix C is a tentative schedule of deliverables and payments. Upon notice to proceed, we will expect to provide to you a detailed critical events schedule in order to develop this program within a timeframe consistent with the City's goals and objectives. SUITE 860 • DAKNETT BANK BUILDING • 315 S. CALHOUN STREET • TAi_LAHA55FF. Fi_nplr)A �;9 -Ani Mr. Charles D. Scurr October 15, 1998 Page 2 As we discussed, conventional funding solutions to the City's problem may not be viable. Identifying funding alternatives for enhanced public safety services, especially as they relate to this special project, will require an innovative approach. To accomplish the objectives of this project, we will focus on the following essential tasks: • Review and analyze the proposed enhanced public safety services; • Identify; evaluate and make recommendations regarding alternative funding mechanisms available to the City; • Develop an implementation plan should the City decide to move forward with our recommendations. The attached work plan contemplates that the City will provide the necessary budget background information and the data required to analyze alternative funding mechanisms and will provide policy direction regarding various components of the methodology. GSG and NG &N will share their experiences and expertise and provide advice, research, and suggestions to you and other City officials regarding the proposed alternatives and provide advice and assistance in the development and implementation of the recommendations. For services provided by both GSG and NG &N, we will work under a lump sum fee arrangement described in the attached scope of services and receive payment on a percent completed basis. A lump sum method of compensation eliminates any uncertainty in the total fee. However, if preferred by the City, both GSG and NG &N are willing to provide services on a hourly basis. Under such an arrangement, the City would receive a detailed invoice and be billed for time and actual costs incurred on a monthly basis. We trust this work plan and proposed fee structure is in response to the City's inquiry. We look forward to working with the City on this very important project. If you, or any other City officials have any questions, please feel free to telephone either Camille Gianatasio or me. Sincerely, Robert E. Sheets RES \ilm Enclosures cc: Earl Gallop, City Attorney Robert L. Nabors APPENDIX A WORK PLAN .",,WORK PLAN CITY OF SOUTH MIAMI (CITY) DEVELOPMENT OF FUNDING ALTERNATIVES FOR ENHANCED PUBLIC SAFETY AT THE SHOPS AT SUNSET PLACE (THE SHOPS) Scope of Services Task 1: Project Initiation GSG and NG &N will gather existing City reports, budgets and annual reports and other relevant service delivery information related to the public safety services proposed for The Shops. Task 2: Analyze Data and Information GSG and NG &N, working with the City Police Department and other City staff, will analyze the data and information to develop a profile of the proposed level of service to be delivered. This analysis will attempt to develop service delivery criteria to be used to quantify the enhanced level of police services and identify criteria to support the funding alternatives. Task 3: Prepare Draft Memorandum of Findings GSG and NG &N will prepare a Memorandum of Findings to the City which outlines the enhanced level of service for police for The Shops, the method by which it can be measured, and recommendations as to how to fund the enhanced services. Task 4: Present Final Memorandum of Findings Within ten (10) days of receipt of comments from the City, GSG and NG &N will finalize the Memorandum of Findings regarding the recommended funding alternatives. This discussion will also include our opinions and recommendations regarding implementation procedures and strategies, and a Phase II scope of services and hours and fees schedule for the proposed implementation recommendations. Fees and Costs For services provided by GSG and NG &N, the lump sum professional services fee for the proposed scope of services will be $14,520. The lump sum professional fees will be due and payable pursuant to the schedule in Appendix C under a percent- complete basis. A -1 APPENDIX B PROFESSIONAL HOURS AND FEES MATRIX CITY OF SOUTH MIAMI FUNDING PROGRAM FOR ENHANCED PUBLIC SAFETY AT "THE SHOPS" HOURS AND FEES MATRIX Tasks Total Hours Total Fees GSG 8.00 $1,000.00 NG &N 4.00 $600.00 Task Total 12.00 $1,600.00 GSG 24.00 $3,000.00 NG &N 8.00 $1,200.00 Task Total 32.00 $4,200.00 GSG 24.00 $3,000.00 NG &N 8.00 $1,200.00 Task Total 32.00 $4,200.00 GSG 16.00 $2,000.00 !, NG &N 8.00 $1,200.00 Task Total 24.00 $3,200.00 GSG TOTAL 72.00 $9,000.00 NG&N TOTAL 28.00 $4,200.00 APPENDIX C PROJECT DELIVERABLES AND PAYMENT SCHEDULE Notice to Proceed by the City November 1998 Draft Memorandum of Findings 60 days from Notice to 70% Proceed Final Memorandum of Findings 10 days after comments 30% from Citv staff C -1 SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: Dec. 16, 1998 FROM: Charles Scurr, RE: Agenda Item # _ City Manager Comm.Mtg. Jan.5, 1999 Purchase of Prisoner Transport Iran The Police Department, pursuant to the FY 1999 budget, is going to procure a prisoner transport vehicle. The use of a prisoner transport vehicle heightens the safety with which prisoners are transported from the street to the police facility, as well as to the Miami Dade County Jail. This van is also, when exposed in a highly populated area, a crime deterrent, sending a message to unsavory elements that law enforcement is active in the area. Duval Ford, under Florida Sheriff's Association bid 98 -06 -0914, is the approved statewide vendor for this vehicle. Mavron,Inc. was one of only two vendors found who supplied a prisoner transport unit which was transferable to a new vehicle. The other vendor, Sirchie, Inc. was priced at $12,500. The cost of the vehicle is $20,310. The cost of the insert is $7,015. These two purchases shall be from account number 1910 -521 -6430 (Operating Equipment ). Balance in Account $75,158 This Item 27;325 New Balance $47,833 Your concurrence is requested. CS /gf /esw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF SOUTH MIAMI TO EXPEND THE SUM OF $20,310 TO DUVAL FORD FOR THE PURCHASE OF ONE FORD E -250 VAN, AND THE SUM OF $7,015 TO MAVRON,INC. FOR THE PURCHASE AND INSTALLATION OF A PRISONER VAN AND CAGE INSERT FROM ACCOUNT #1910- 521 -6430 (EQUIPMENT OPERATING). WHEREAS, at times the Police Department may make multiple arrests of persons who will need to be transported to jail, and WHEREAS, the Police Department is committed to moving these people to the jail in the manner which most ensures their safety as well as officer safety, and WHEREAS, a prisoner van in highly populated areas at certain times functions as a crime deterrent and, WHEREAS, Duval Ford is the official bid of the Florida Sheriff's Association and, WHEREAS, Mavron, Inc. submitted the lowest of two bids for the insert (no third vendor was found); and NOW, THEREFORE, be it resolved by the Mayor and City Commission of the City of South Miami, Section 1: The City Manager is authorized to disburse a sum not to exceed $20,310 from account #1910 - 521 -6430 (Equipment - Operating) to Duval Ford for the acquisition of one Ford E -250 Van, under Florida Sheriff's Association statewide bid #98 -06 -0914. Section 2: The City Manager is authorized to disburse a sum not to exceed $7,015 from account #1910- 521 -6430 (Equipment - Operating)to Mavron, Inc. for the acquisition of a prisoner transport insert from the van in Section 1 above. Section 3: The resolution be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF , 1999. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY