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HomeMy WebLinkAboutZoning Resolution 18-Z-166 • RESOLUTION NO. 18-Z - ( o A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE PLAN MODIFICATION APPLICATION NO. PZ2018-04 SUBMITTED BY CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA, INC. (THE "APPLICANT") FOR THE SUNNY ISLES BEACH JEWISH COMMUNITY CENTER TO INCLUDE A FIVE (5) STORY MULTI-USE JEWISH COMMUNITY CENTER, A SCHOOL, A WORSHIP CENTER, AND A RESTAURANT, ON A UNIFIED SITE LOCATED AT 488 SUNNY ISLES BOULEVARD; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS WHEREAS, Chabad Lubavitch Russian Center of South Florida, Inc. (the "Applicant") submitted a site plan modification application (Application No. PZ2018-04) to the City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi-use Jewish Community Center which-contains a total of 45,538 square feet of Floor Area Ratio (FAR), and approval of a Montessori school with a maximum capacity of 208 pre-school students. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a parking variance from the minimum parking requirements and a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development-Regulations. 3. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a front setback variance of eight (8) feet where fifteen (15) feet is required. • 4. The Applicant is requesting a non-exclusive easement to use an area within Bella Vista Bay Park for the placement of a permanent staircase and a permanent fire access door. LEGAL: 488 SUNNY ISLES BLVD. Lots 23 and Island No. 23, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in Plat Book 50, 18-Z-(0488 Sunny Isles Blvd. 1 at Page 76, of the Public Records of Miami-Dade County, Florida, less that portion of Lot 23, being more particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast, having a radius of 118.50 feet and a tangent bearing of North 52 degrees 42 minutes and 42 seconds West; thence run Northwesterly along said circular curve through a central angle of 07 degrees 17 minutes 51 seconds for and arc distance of 15.09 feet; thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. ADDRESS: 488 Sunny Isles Boulevard Sunny Isles Beach, Fl 33160 FOLIO: 31-2214-007-0220 WHEREAS, on May 17, 2018, the City Commission conducted a public hearing on this site plan modification application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation provided by the Planning and Zoning Director; and WHEREAS, notice was provided to all interested parties regarding the site plan modification application; and WHEREAS, the City Commission reviewed the site plan modification application, the written and oral recommendations of the Planning and Zoning Director, including the recommended conditions, and finds substantial competent evidence to'support a showing by the Applicant that the request for site plan modification is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community; and, further finds that said request should be granted, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. INCORPORATION OF RECITALS All recitals above are incorporated into the body of this Resolution as if same were fully set forth herein. l 8-Z-((,G488 Sunny Isles Blvd. 2 • III. FINDINGS AND CONCLUSIONS: Based on an analysis of the application and the standards for approval for a site plan modification under the Land Development Regulations,the City Commission makes the following findings and conclusions: A. The Applicant's request for site plan modification and for the requested variances are consistent with the Comprehensive Plan of the City of Sunny Isles Beach. IV. APPROVAL A. The Applicant's request for site plan approval for a multi-use Jewish Community Center which contains a total of 45,538 square feet of Floor Area Ratio (FAR), and approval of a Montessori school with a maximum capacity of 100 pre-school students is hereby approved. B. The Applicant's request to permit a parking variance from the minimum parking requirements and a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development Regulations is hereby approved. C. The Applicant's request to permit a front setback variance of eight (8) feet where fifteen (15) feet is required is hereby approved. D. The Applicant's request for a non-exclusive easement to use an area within Bella Vista Bay Park to allow an exit point to and from the fire exit door is hereby approved. V. CONDITIONS Conditions to be completed before demolition, below grade or building permits are issued. 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, and may be examined, in the City Clerk's Office and are entitled"Sunny Isles Beach Jewish Community Center" prepared by Schapiro Associates consisting of 24 Architectural sheet receive dated March 28, 2018 and April 23, 2018; the survey entitled "Boundary and Topographic Survey" prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet updated February 2,2018; the Civil Plan prepared by Holland Engineering, Inc. consisting of 4 sheets dated March 28, 2018 and the Landscaping Plan prepared by Rhett Roy Landscape Architecture-Planning, P.A. consisting of 19 sheets dated March 28, 2018 and April 23, 2018. Plans are subject to revisions based comments provided by planning and zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 18-Z-11 p 488 Sunny Isles Blvd. 3 2. If applicable, a Miami-Dade County tree removal permit must be secured and attached to the landscape permit application prior to demolition. Per the approval for the construction staging on adjacent City site, a Miami-Dade County approval is needed for the disposition of trees on adjacent City property. 3. That the Applicant provides the Lighting/Photometric Plan prior to building permit. 4. That the Applicant provides the Signage and Pavement Marking Plan prior to building permit. 5. That the Applicant enters into an agreement with the City of Sunny Isles Beach for the temporary use of the City property located at 500 Sunny Isles Blvd, for the solely purpose of temporary staging construction activities. The City Manager or designee has the absolute discretion to approve or reject the use of the property for staging construction activities. 6. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning Department and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. 7. That a plot plan be submitted to the Planning and Zoning Department for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) a minimum of seven-foot (7') bay-walk easement along the south and east side of the property as indicated in the approved site plan. The plot plan shall show the type and size of plant materials, lighting, and outdoor furniture which shall be in compliance with the Miami-Dade County Shoreline Committee. 8. Upon the submittal of an application for a building permit, the plans submitted shall show the design of a combined bay-walk with the adjacent property to the east, commonly known as 400 Sunny Isles Marina. The combined bay-walk shall have a combined centered walkway with plant materials, lighting, and City approved furniture, signage, and paver design specification. 9. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to the Planning and Zoning Department and acceptable to the City Attorney prior to submittal for an application for building permit, which proffers: The bay-walk easement; a minimum of seven-feet (7') public bay-walk easement along the south and east edge of the project and clear from any obstruction. The Applicant shall design the bay-walk to ensure that the bay- walk easement connects with adjacent pedestrian bay-walks located on the east and west side of the Applicant's property. The maintenance of the easement shall be the responsibility of the Applicant. 10. That the Applicant shall enter into a non-exclusive easement agreement with the City, to permit the Applicant to have the right to access and encroach on the property located at 500 18-Z.( o 488 Sunny Isles Blvd. 4 Sunny Isles Blvd. Such access and encroachment shall be restricted to a balcony or cantilever canopy and the access to the fire pump room. 11. That the Applicant may install temporary gates at the bay-walk entrance until the City built the bay-walk connection into 500 Sunny Isles Blvd property. Upon the completion of the bay- walk connection by the City,all gates blocking access through the bay-walk at the Applicant's property shall be permanently removed. 12. That the Applicant shall enter into an off-site parking agreement with the City for the use of 26 public parking spaces at a fee of$2,200 per space in the Gateway Parking Garage. The use of the parking spaces will be restricted for the primary use of staff and teachers of the project. The City shall permit the Applicant the use of 26 undesignated public parking spaces for a one-time fee of$57,200.00. The City has the right to restrict the area of these parking spaces at the Gateway Parking Garage. The fee shall be paid upon the issuance of the project below grade or master building permit, whichever occurs first. 13. That the Applicant complies with all conditions and permit requirements, including but not limited to Miami-Dade County, including environmental conditions and permitting, Shoreline Development Review Committee, the Fire and Water and Sewer Departments, Florida Department of Environmental Protection (DEP) and Florida Department of Transportation (FDOT). 14. That the Applicant shall submit the approved permit from Florida Department of Transportation (FDOT) for the work being performed to the existing parking area in front of the property. 15. That the Applicant shall not use the right-of-ways and public driveways located in the business loop for parking purposes. Under any circumstance, the daily operations of the project, including the school drop-off and pick-up shall not impede access from and to the surrounding roads, driveways, an parking lots. 16. That the Applicant must obtain approval of the City Commission to exceed the 100 students cap for the school population 17. No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents referred to under this approval and shall have paid all impact fees, bonuses, and Transfer of Development Rights (if applicable), professional fees (as per Section 267-5 and such other applicable Land Development Regulations) due to the City. 18. The Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. 18-Z-Voce 488 Sunny Isles Blvd. 5 Conditions to be completed before any Certificate of Occupancy is issued. 19. That the pavers installed by the Applicant along Sunny Isles Boulevard must be consistent with the City Streetscape Master Plan. 20. That the pavers along public bay-walk must be consistent with the paver materials selected the bay-walks on neighboring properties or approved by the City. 21. That the Applicant shall underground all utility lines in front of the proposed development project. 22. Under Section 267-4, the City Manager and/or his/her designee in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami-Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. 23. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager,based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. 24. That the Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A-1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, 18-Z-1 488 Sunny Isles Blvd. 6 within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. Other Conditions 25. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. 26. That the proposed restaurant, stipulated in the plans, shall be operated and registered only by the Applicant and apply for the proper Certificate of Use from the City. If this Restaurant, at any point, shall become owned publicly and/or leased all ADA requirements shall be met and are no longer exempt. • 27. That the approved site plan shall remain valid for a period of 24-months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. 28. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION IV HEREINABOVE HAVE BEEN TRANSFERRED. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. VI. AUTHORIZATION OF CITY MANAGER The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. 18-Z-((k488 Sunny Isles Blvd. 7 1 VII. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate,distinct,and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. VIII. REPEALER All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. IX. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 17`h day of May, 2018. CITY OF SU►• Y IS. ES BEACH, FLORIDA By its City rommiss.on By: I George "Bu. ' Scholl, Mayor ' AT ' . .T Mauric o Betai cur; CMC, City Clerk APPROVED AS TO FORM AND EGA/ FFICIENCY: , LI . ,71aY ans 1ttinot, C! y Attorney Moved by: CO UVUSStoACc2 4 o Second by: V 1 CG Ili-(0C- GOI.bw 4 l8-Z-( 488 SunnyIsles Blvd. 8 Y�v VOTE: Mayor Scholl yes no Vice Mayor Goldman _yes _no Commissioner Aelion yes no Commissioner Gatto Lyes no Commissioner Svechin /yes _no STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) I, MAURICIO BETANCUR, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 18-Z- NC' adopted by the City Commission at its meeting held on the 17th day of May 2018. 9"..V.(3-4,- Issued this 21=1- day of Oft' , 2018. A S,-.7 1 - : �� O IP J t ,.i �_ii ; '/. r -,t1PF II .ler • , , , ,• . i.vMauricio Betancu , CMC City Clerk 18-Z-044488 Sunny Isles Blvd. 9 1 PARKING LICENSE AGREEMENT This Parking License Agreement is made this 'I< day of . ('t c,__- , 2019, by and between, CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLOR A, INC., a Florida limited not for profit corporation, (hereinafter referred to as "Chabad") and CITY OF SUNNY ISLES BEACH, a Florida municipality, (hereinafter referred to as "the City") I. RECITALS WHEREAS, Chabad is the owner of that certain property located at 488 Sunny Isles Beach Boulevard, lying and situated in the City of Sunny Isles Beach, Miami-Dade County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); WHEREAS, the Chabad intends to build a worship center, a school, and a multi-use community center (`Community Center") at the property located at 488 Sunny Isles Beach Boulevard and need the parking spaces to comply with the parking requirements under the City Code. WHEREAS, the Chabad has agreed to enter into a License Parking Agreement with the City for the use of twenty six (26) parking spaces in the Gateway Park Parking Garage for twenty four (24) monthly fee payments of Two Thousand Three Hundred Eighty Three Dollars and Thirty Three Cents ($2,383.33) each to comply with the parking requirements under the City Code; and WHEREAS, in order to satisfy the parking requirements under the City Code, the City and Chabad (the "Parties") intend to enter into this Parking License Agreement to provide for Chabad's nonexclusive use of twenty six (26) parking spaces in the Gateway Parking Garage (the "Licensed Parking Spaces"), on the terms and conditions described herein: II. GENERAL TERMS (1) Grant. The City hereby grants to Chabad, for the benefit of Chabad and Chabad's officers and employees, a non-exclusive use of twenty six (26) parking spaces located in Gateway Park Parking Garage. (2) License Fee Payment Schedule. Chabad agrees to pay to the City twenty four(24) monthly license fee payments in the amount of Two Thousand Three Hundred Eighty Three 47808796;1 1 Dollars and Thirty Three Cents ($2,383.33) ("Installment Payment"). Chabad agrees that the first Installment Payment shall be due and paid to the City upon the issuance of the temporary certificate of occupancy or certificate of occupancy, whichever occurs first. Chabad agrees to make additional twenty three (23) consecutive Installment Payments on the same calendar date as the first monthly Installment Payment each month thereafter. (3) Term. The term of this License Agreement shall commence on the date Chabad tenders the first monthly Installment Payment and shall be perpetual, subject to the Termination and Notice provisions of this Agreement. (4) Termination: In the event Chabad fails to make a monthly license fee payment or fulfill its obligations under this Agreement, after thirty (30) days written notice to correct any violations, the City may terminate the Agreement at the City's discretion. Chabad shall provide the required parking spaces pursuant the Resolution if this License is terminated, unless otherwise amended by the City Commission. If the City terminates this Agreement, the City shall not be liable for or obligated to pay any reimbursements to Chabad relating to this License Agreement and Chabad shall not liable or obligated to pay to the City any additional Installment Payments after termination of this Agreement. (5) Notice. In the event Chabad fails to fulfill its obligations under this Agreement, the City must provide thirty(30) days written notice to correct any violations prior to termination of the Agreement. (6) Use of Licensed Parking Spaces. The use of Parking Spaces shall commence on the date Chabad tenders the first monthly license fee payment to the City. The use of the Parking Spaces shall be restricted for the primary use of staff and teachers of the Community Center. (7) Parking Passes. The City shall issue to Chabad twenty six (26) parking passes identifying certain areas of the Gateway Parking Garage that can be used by Chabad. (8) Condition of Licensed Parking Spaces. Chabad agrees to use Parking Spaces in an "as is" condition with no warranty or representation by the City as to the physical condition or the Licensed Parking Spaces or any security provided thereon. (9) Clear Access Right. If and when necessary for maintenance or repair purposes, the City may have full, clear and exclusive access to the Parking Spaces. The City shall provide notice to Chabad forty-eight (48) hours prior to any maintenance work ("Access Notice"), If 47808796;1 2 maintenance work is ongoing for longer than forty-eight (48) hours, the City shall provide alternative parking arrangements for staff and teachers of the Community Center. (10) Assignment and Subletting. Chabad shall not assign its interest in this License Agreement, the License granted hereunder, or sublicense all of any part of the Parking Spaces without City's prior written consent, which consent may be granted or withheld in the City's sole discretion. (11) Indemnification. Chabad agrees that the City shall not assume any responsibility for the vehicles parked within Parking Spaces under this Agreement and the contents therein. Chabad, as a material part of the consideration rendered to the City under this Agreement, to the extent permitted by law, hereby waives all claims against the City, its agents, representatives, officers, directors, officials and employees for loss, theft or damage to vehicles parked within the Licensed Parking Spaces under this Agreement and the contents therein. Chabad hereby agrees to indemnify, defend and hold harmless the City, its agents, representatives, officers, directors, officials and employees against any and all liabilities, damages to property or injuries to person, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way to this Agreement, or in any manner resulting from or in connection with use of the Licensed Parking Spaces. (12) Compliance with Laws. Chabad and its officers, employees, and visitors, shall at all times comply with all laws, codes, ordinances and regulations, applicable to this Agreement and Chabad's use of the Licensed Parking Spaces. (13) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. (14) Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement (15) Amendment. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a written document which (i) specifically refers to the provision of this Agreement to be amended and (ii) is signed by both parties. 47808796;1 3 IN WITNESS WHEREOF, the parties have executed this Parking License Agreement as of the day and year first above written. CHABAD LUBAVITCH RUSSIAN CENTER. OF SOUTH FLORIDA, INC. _,,.= ------"" "`- a Florida not for profit corporation, Sig of First Witness EOVC V--k1CS- Printed Name of First Witness By: Alex nder Kaller a _ {CORPORATE SEAL} r Signa re of Second Witness Printed Name of Second Witness ATTEST City of Sunny Isles Beach, Florida a Florida municipality •4. w.4 .11�_� i ° BY: C4Z Mauricis Beta Or, CMC, City Clerk Christopher J. usso, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: N,/ City 'ttorney 47808796;1 4