01-05-99.........................
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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.
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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
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6 Vero
IN, YOU
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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.
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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
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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.
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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;
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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
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4 RESOLUTION NO.
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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.
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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
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23 WHEREAS, the City of South Miami desires to attract the best
24 possible candidates by establishing a competitive salary range; and
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26 NOW, THEREFORE, be it resolved by the Mayor and City
27 Commission of the City of South Miami,
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29 Section 1: The City Manager is authorized to create the
30 following pay scale for Community Service Aides:
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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
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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.
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44 Section 3: That this resolution be effective immediately
45 after the adoption hereof.
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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.
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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
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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
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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
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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
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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
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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
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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
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- -- 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.
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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.
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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
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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
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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,
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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,
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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,
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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,
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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:
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25 Section 1. To direct the MDTA to eliminate Alternate 9 from
26 further consideration.
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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.
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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.
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43 PASSED AND ADOPTED this 5th day of January 1999.
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Corridor /Major Investment Study Resolution 2
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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
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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.
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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
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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
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14 WHEREAS, it is necessary for the City to find viable sources of funding for these new services;
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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.
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20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
21 THE CITY OF SOUTH MIAMI:
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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.
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28 Section 2. This resolution shall take effect immediately upon approval.
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31 PASSED AND ADOPTED this day of , 1998.
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33 ATTEST: APPROVED:
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37 City Clerk Mayor
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39 READ AND APPROVED AS TO FORM:
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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
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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