04-04-06ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1.
Approval of Minutes
a) Minutes of February 21, 2006
b) Minutes of February 23, 2006'
c) Minutes of March 16, 2006
2.
City Manager's Report:
3.
City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY; OF SOUTH MIAMI, RELATING TO THE DONATION OF THE
HOLSUM BAKERY ICON 'SCULPTURE AND PLACEMENT IN JEAN
WILLIS PARK: PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE DONATION OF THE HOLSUM BAKERY ICON SCULPTURE
AND PLACEMENT IN JEAN WILLIS PARK)
(City Manager)
5.-
A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,. RELATING TO BOARDS AND
COMMITTEES; APPOINTING CHARLES RUIZ DE CASTILLA TO
SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TWO -YEAR
TERM ENDING APRIL 3,,2008; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION APPOINTING CHARLES RUIZ DE CASTILLA TO SERVE ON THE HISTORIC
PRESERVATION BOARD FOR A TWO -YEAR TERM ENDING APRIL 3, 2008)
(Mayor Feliu)
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS`
FEES ;: APPROVING ATTORNEYS' FEES; FOR NAGIN GALLOP
FIGUEREDO', P.A. IN THE AMOUNT OF $9,617.20; CHARGING
$9,617.20 TO ACCOUNT NO. 001- 1500 - 514 - 3410,; LEGAL
SERVICES, NON'- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5-
(A RESOLUTION APPROVING ° ATTORNEYS' FEES FOR NGF IN THE AMT OF $9,617.20;
CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT W /CURRENT BAL $69,420.86)
(City Attorney)
REGULAR CITY` COMMISSION 2
AGENDA
- April 4, 2006
a.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION
2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO
PROVIDE THAT THE TERM: OF 'OPERATION OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED PROVIDING
FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE... 3/5
(Commissioner Palmer)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION 2D-
4.1(F) ENTITLED "AFFORDABLE'HOUSING CONCURRENCY RESERVE"
IN ORDER TO RESERVE THE EXCESS RECREATION AND PUBLIC'
PARK LAND ACREAGE ABOVE THE CURRENTLY ADOPTED LEVEL OF
SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY
REQUIREMENTS FOR AFFORDABLE' HOUSING PROJECTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Palmer)
RESOLUTION (S) /PUBLIC HEARING (S)
9. 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -3.4 (B) ('4) (b) ` OF THE LAND DEVELOPMENT CODE FOR
SPECIAL USE APPROVAL TO ALLOW THE EXPANSION OF THE
SUSHI MAKI RESTAURANT INTO AN ADJACENT STORE LOCATED'
AT 5810 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY'
RETAIL HOMETOWN DISTRICT OVERLAY' ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR ,SPECIAL USE APPROVAL TO ALLOW THE EXPANSION OF THE SUSHI
MAKI RESTAURANT INTO AN ADJACENT STORE LOCATED AT 5810 SUNSET DRIVE IN THE
SPECIALTY RETAIL HOMETOWN DISTRICT)
(City Manager)
RESOLUTION (S)
f
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, 'FLORIDA, RELATING TO BOARDS AND
AGENCIES; CREATING A CITY MANAGER ADVISORY COMMITTEE TO
REGULAR CITY COMMISSION 3
AGENDA - April 4, 2006
I
Y
ESTABLISH SELECTION CRITERIA, PREPARE A REQUEST FOR
QUALIFICATIONS, ADVERTISE THE RFQ, ACCEPT,
INTERVIEW; CANDIDATES AND MAKE 'RECOMMENDATIONS TO THE
CITY COMMISSION FOR THE SELECTION OF A MANAGER;
APPOINTING COMMITTEE MEMBERS`; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION CREATING A CITY MANAGER ADVISORY COMMITTEE TO ESTABLISH
SELECTION CRITERIA, PREPARE A REQUEST FOR QUALIFICATIONS, ADVERTISE THE
RFQ, ACCEPT RESUMES, INTERVIEW CANDIDATES AND MAKE RECOMMENDATIONS TO THE
CITY 'COMMISSION FOR THE SELECTIONS OF A MANAGER; APPOINTING 'COMMITTEE
MEMBERS)
(Mayor Feliu and Commissioner Beckman)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)'
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS.
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,
COMMISSION REMARKS
PURSUANT; TO FLA 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 CONSTITUTE 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.
REGULAR CITY COMMISSION 4
AGENDA April 4, 2006
i
of SO U7, y South Miami
AI1rcaClq
U INCORPORATED CITY OF SOUTH MIAMI
1927
alo �` OFFICE OF THE CITY MANAGER
�o
INTER - OFFICE MEMORANDUM Zooi
To The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: Don O'Donniley, Planning Director
Date: April 4, 2006
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO THE DONATION OF THE HOLSUM BAKERY ICON
SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK: PROVIDING FOR AN
EFFECTIVE DATE.
Request:
The City Commission at its October 5, 2005 meeting accepted the offer of Ms.
Jane Wilson ( Holsum Bakery family business ) to donate to the City, free of cost, a
metal sculpture made from machinery used in the old Holsum Bakery Building.
The Historic Preservation Board was requested to consider the location of the
sculpture. The Board at its February 27, 2006 meeting recommended that the
sculpture be located in the Jean Willis Park, across the street from City Hall. In the
future another Location may be deemed more appropriate by mutual agreement.
The attached resolution will formalize the acceptance and location of the sculpture.
Cost: (installation cost to be determined by Public Works Dept.)'
Funding Source: (to be determined)
Backup Documentation:
Draft Resolution
Photograph of sculpture
Excerpt from Historic Preservation Board Meeting, 2 -27 -06
-11
DOD /SAY 0,_._,_
\\MCGRUMPLANNING \Comm Items\2006 \44- 06\Holsum Bakery Scuplture CM Report.doc
Tom.
--T . .
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, RELATING TO THE '' DONATION OF THE 'HOLSUM
5 BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK:
6 PROVIDING FOR AN EFFECTIVE DATE
7
8 WHEREAS, the Holsum Bakery Icon Sculpture was constructed in 1985 by Robert Chambers, a
9 South Miami native, in order to honor the bakery company which was part of South Miami's history
10 during the period 1934 -1982; and
11
12 WHEREAS, the City Commission at its October 5, 2005 meeting accepted the offer of Ms.
13 Jane Wilson ( Holsum Bakery family business ) to donate to the City, free of cost, a metal icon
14 sculpture made from machinery used in the old Holsum Bakery Building; and
15
16 WHEREAS, the Historic Preservation Board was requested to consider the location of the
17 sculpture; and
18
19 WHEREAS, the Historic Preservation Board at its February 27, 2006 meeting, recommended that
20 the sculpture be located in the Jean Willis Park, across the street from City Hall at 7220 SW 61s' Court;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
23 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
24
25 Section 1: The City Commission of the City of South Miami hereby accepts the donation of the
26 Holsum Bakery Icon Sculpture from the Wilson family.
27
28 Section 2: The Holsum Bakery Icon Sculpture will be placed in Jean Willis Park at 7220 SW 61St
29 Court.
30 Section 3: This resolution shall be effective immediately upon execution.
31
32
33 PASSED AND ADOPTED this day of 2006.
34
35 ATTEST: APPROVED:
36
37
38 CITY CLERK MAYOR
39
40 READ AND APPROVED AS TO FORM: Commission Vote:
41 Mayor Feliu:
42 Vice Mayor Wiscombe:
43 Commissioner Palmer:
44 CITY ATTORNEY Commissioner Birts:
45 Commissioner Beckman:
46
47 EAComm Items\2006 \44- 06\Ho1sum Bakery Sculp Resol.doc
HOLSUNI ICUN. igs5 1
Welded steel
65 x 67 x 150 inches
,AI t.,� l 5 0 A)
.SOS
tPO '
o
I
b
CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
MONDAY, FEBRUARY 279 2006
City Commission Chambers
3:30 PM
EXCERPT
L Call to order
Action: Ms. Clyatt, Vice - person called the meeting to order at 3:45 p.m.
IL Roll Call
Roll call was performed. Board members present constituting a quorum:
Ms. Clyatt, Ms. Chael Ms. Dison, and Mr. Kurtzman,
Board members absent: Mr. Cooke- Yarborough
City staff present: Don O'Donniley (Planning Director), and Sanford A. Youkilis (Planning
Consultant), Patricia E. Lauderman (Board Secretary).
Ms. Clyatt requested 'a moment of silence and dedicated a prayer for Chairwoman Susan Redding
who passed away on February 8, 2006.
I
III. New /Old Business
(b) Report on alternative locations for Holsum Bakery Sculpture
Mr. O'Donniley informed the Board that the owner of the Holsum Bakery sculpture concurred
with staff's recommendation of placing the sculpture in the interim location at the Jean Willis
Park. Mr. Kurtzman inquired about the option provided by the Board at the last meeting in which
the Board suggested the front stairs of the old Riviera theater on US 1. Mr. O'Donniley
responded that the owners of the sculpture were not supportive of that suggestion.
Motion: Ms. Dison moved to accept Jean Willis Park as the temporary location for the Holsum
Bakery sculpture. Ms. Chael seconded the motion.
Vote: Approved 4 Opposed 0
EAComm Items\2006 \44-06 \Excerpt HPB Mins 2- 27- 06'.doc
1 RESOLUTION NO.:
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO BOARDS AND COMMITTEES
6 APPOINTING CHARLES RUIZ DE CASTILLA TO SERVE
7 ON THE HISTORIC PRESERVATION BOARD FOR A TWO
-
8 YEAR TERM ENDING APRIL 3, 2008; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, The Mayor and Commission recognize the important contributions
12 made by those who serve on the various city boards and committees, and wish to appoint a
13 full complement to each of the active boards and committees; and
14
15 WHEREAS, The City Commission desires to appoint Charles Ruiz de Castilla to
16 serve for a two -year term on the Historic Preservation Board. Appointment shall expire
17 April 3, 2008 or until a successor is duly appointed and qualified.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
21
22 Section 1. The City Commission hereby appoints Charles Ruiz 'de Castilla to
23 the Historic Preservation Board.
24
25 Section 2. The expiration date of this appointment shall be April 3, 2008 or
26 until a successor is duly appointed and qualified.
27
28 Section 3. This resolution shall take effect immediately upon approval.
29
30 PASSED AND ADOPTED THIS 4' DAY OF APRIL, 2006
31
32 ATTEST: APPROVED:
33
34
35 CITY CLERK MAYOR
36
37 COMMISSION VOTE:
38 Mayor Feliu:
39 Vice Mayor Wiscombe:
40 Commissioner Palmer:
41 Commissioner Birts:
42 Commissioner Beckman:
43 READ AND APPROVED AS TO FORM:
44
45
46 CITY ATTORNEY
CITY OF SOUTH MIAMI BOARD /COMM/TTEEAPPL /CAT /OM
6130 Sunset Drive Phone No. 305-663-6340
South Miami, FL 33143 Fax No. '305 -663 -6348
'll 1. Name:
Charles Ruiz de Castilla --
((Please print)
2. Home Address:
6481 SW "4th Street South Miami FL 33143
3. Business Address: 4993 SW 74th Court, Miami, FL 33155
4. Home Phone No. 305-666-1269 Business Phone No. 305 -666 -1 799
Fax No. 305 -6 -
5. E -mail Address: charles@videovisionprods.com
6. Education Background:
University of Georgia, Athens, GA
Valley Forge Military College, Wayne, PA
I
i
i
7. Community Service: _
Big Brothers & Big Sister (Hispanic Board)
City of Sunny Isles Beach Film, Entertainment & Prods. Cou ncil
Miami Design Presevation League - Certificate of Appreciation
City of Miami Hispanic 'Mediid Conferences - Certf of Appreciation
8.
Are you a registered voter?
Yes x
No
a 9.
Are you a resident of the City? Since 1982
Yes x
No
10.
Do you have a business in the City?
Yes
No x
11.
Ethnic Origin?
White Non - Hispanic African American
Hispanic Americans
Other
12.
1 am interested in serving on the foll owing board(s) /committee(s):
Historic Preservation
Environmental
Review
First choice
Second choice
Third oic
Fourth choice
w,.
Signature _
Date March 19,
2006
Applicant P.
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised
y
8102
:a
1
Please be advised of Mayor Feliu's intent, with your advice and
consent, to appoint at the April 4, 2006 City Commission meeting
1'!J
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF ' SOUTH MIAMI, FLORIDA, RELATING TO
5 ATTORNEYS' FEES; ` APPROVING ATTORNEYS' FEES FOR
6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $9,617.20;
7 CHARGING $9,617.20 TO ACCOUNT NO. 001 - 1500 -514 -3410, LEGAL'
8 SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE.
9
1,0 WHEREAS, the City Commission of the City of South Miami approved
11 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing
12 payment of City Attorney non - retainer attorneys' fees and costs; and,
13
14 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for
15 legal services rendered, and costs advanced, for the period ending
16 March 28, 2006, in the amount of $9,617.20; and,
17
18 WHEREAS, as of March 27, 2006, the existing balance on city attorney account
19 no. 001- 1500 -514 -3410, legal services, non- retainer, is $69,420.86.
20
21 WHEREAS, the office of the City Attorney recommends payment of the attached
22 invoices.
23
24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. The invoices for attorneys' fees and costs received from Nagin
28 Gallop Figueredo, P.A., in the total amount of $9,617.20 are approved for payment;
29 charging $9,617.20 to account no. 001- 1500 = 514 -3410, legal, non - retainer.
30
31 Section 2. This resolution shall take effect immediately upon approval.
32
33 PASSED AND ADOPTED this day of April 2006.
34
35 ATTEST: APPROVED:
36
37
38
39 CITY CLERK MAYOR
40
41 COMMISSION VOTE:
42 READ AND APPROVED AS TO FORM: ; Mayor Feliu
43 Vice Mayor Wiscombe:
44 Commissioner Beckman:
45 CITY ATTORNEY Commissioner Birts - Cooper:
46 Commissioner Palmer:
Additions shown by underlining and deletions shown by o str-ilci g.
m"5, - �r .��.",.- - 1 � °' fi' ,�,
.............
Attnrt: ys r '�uas l�rs
18001: Old Cutler Road - Fifth Floor
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Other Contractual
001- 1500 -514 -3410
$80.37
$84.37
City Manager
e e ' artrnent
Services— Consulting
Legal
TOTAL $80.37
`Purchase Order No. Terms/Discount
I Hereby Certify That The
Above Material, Equipment,
Or Service Is Essential And A
Coding of Accounts Approved
Purchases as Above Approved
and Issuance of Purchase Order
Authorized
Proper Request Against The
Codes C�h,
Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
City Manager
e e ' artrnent
Finance De artment
ad -gz�°
NAGIN GALLOP .FIGUEREDOPA.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -535
Interim Finance Director March 28, 2006
i Addana Hussein
Matter ID: 0022 -001
City of South Miami
General Municipal
6130 Sunset Drive
Invoice Number 18394
City of South Miami, FL 33143
Hours
Amount
2/24/2006 EAB
Meeting with Mr. Rafael Andrade and e-mail communications with 0.40
80,00
staff regarding same,
j 2/24/2006 EAB
E -mail communications with Ms. Amy Huber regarding Historic 0.20
40.00
Preservation Board item.
2/2712006 LRF
Reviewed the proposed agenda items; telephone conference with 3.90
780.00
k
Commissioner Beckman regarding Valet parking issues; and
reviewed Draft memorandum.
2/27/2006 EAB
Attention to Shields Bowden matter; attention to Andrade matter; 0.50
100.00
e -mail communications with Ms. Rothstein and Ms. Rosa regarding
same; e-mail communications with Ms. Kathy Vazquez regarding
contract boilerplate; and prepared pending litigation list for the acting
cm.
w 2/28/2006 EAB
Telephone conference with Mr. Paul Cowan regarding Bowden 0.30
60.00
property.
3/1/2006 EAB
Prepared detailed memorandum on pending litigation. 2.40
480.00
3/2/2006 EAB
Attention to MDCCEPT matter. 0.30
60.00
313/2006 EAB
Analyzed Atlantic Cable correspondence, contract, etc; and 1.00
200.00
analyzed memorandum in anticipation of meeting.
3/3/2006 ' EAS
Attended meeting with Ms. McKinley, Ms, Rothstein, and Mr. 2.50
500.00
Figueredo regarding pending items.
3/6/2006 LRF
Reviewd and finalized school crossing guard contract. 0.70
140.00
3/6/2006 EAB
Meeting with Ms. McKinley, Mr. Paul Cowan and his paralegal 1.30
260.00
regarding Shields Bowden property; analyzed title report prepared
by Mr. Lott; telephone conference with Mr. Lott regarding same; and
e -mail communications with Mr. Cowan regarding same.
3/7/2006 LRF
Meeting with', Mayor Feliu, prepared for and attended City 0.60
120.00
Commission meeting.'
3/8/2006- LRF
Telephone conference with Randy Wiscombe, telephone conference 1.30
260.00
with commissioner Beckman regarding valet permits and applicable
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
15% per month will be charged if payment is not received within 30 days.
Nagin Gallop ,FigueredoP.A.
Matter 1D: ;0022 -001 Statement Number
Page: 2
procedures under the LDC.
3/8/2006
EAB Legal research on freedom of religion and public meetings;
0.60 120.00
telephone conference with Mr. Daryl Bernard, drafted e-mail to staff
regarding same; and e- mail communications with Mr. Andrade
regarding code enforcement matter.
3/9/2006
LRF Conference with personnel and city manger on questions relating to
0.80 '160.00
Maria Davis pay out:`
3/9/2006
LRF Research and reviewed case law on prayer in government meetings.
4.20 840.00
3/9/2006
EAB Meeting with Mr. Ajibola Balogun regarding bank project and ROW
1.40 280.00
matter, insurance claim b business against contractor, and contract
a � y 9
negoti` ations with coun ty for canal dredging; and analyzed zed and
revised draft; resolutions on public comments, agenda comments,
and cm selection committee resolutions.
3/10/2006
LRF Worked on city manager advisory resolution. Follow up on questions
3.50 700.00
regarding pediatric clinic. Finalized ordinances and resolutions for
9p
agenda.
3/10/2006
EAB Attention to municipal liability limits issue raised by Florida League of
0.30 60.00
Cities• and a -mail communications "rnrnunications with Mr. Hearne regarding rdin c h' 13
_ _
matter and code enforcement deferral.
3/10/2006
EAB Drafted letter to Petro Hydro regarding insurance claim and
1.00 200.00
close -out of file; drafted letter to Mr. Curt L.A. Williams, of DERM
regarding terms of stormwater interiocal agreement.
3/13/2006
LRF Telephone conference with commissioner Palmer, regarding
0.90 180.00
affordable housing board. Transmitted her comments to Planning
and Zoning director.'
3/13/2006
EAB Prepared release and hold harmless agreement for Petro Hydro,
1.00 200.00
Inc; and finalized '!letter to DERM regarding stormwater interiocal.
3/14/2006
EAB Finalized release and letters Issued to DERM, and Petro Hydro.
0.40 80.00
3/15/2006
LRF Telephone conferences with Bob Josephsberg regarding severance _
4.90 980.00
package payout and, agreement. Teleconference with City manager.
Teleconference with', personnel and finance departments prepared
and revised' documents.
3/15/2006
LRF General revised ordinances and resolutions.
1.40 280.00
3/15/2006
EAB Edited and revised acknowledgement, release, and separation
1.00 200.00
agreement for Chief Martinez; finalized associated resolution; and
city ma, nager selection committee resolution.
3/16/2006
LRF Finalized agreements and severance package for Police Chief, `
6.30 1,260.00
various telephone conferences with legal counsel and city manager,
attended special city commission meeting. Telephone conference
with commissioner Beckman. Reviewed Naviine contract warranty.
3/17/2006
EAB Attention to zoning and use issues; e-mail communications with Mr.
0.50 100.00
Payment is due
upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5 0/6 per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -001 Statement Number
Page: 3
Q'Donniley regarding same; telephone conference with accountant
regarding fringe benefits, W2's, and applicability of vehicles and
phones as fringe benefits; and provided update to Ms. McKinley`
regarding same.
3/20/2006 LRF Reviewed agenda, teleconference with Mayor Feliu; attended city
4.50 900.00"
commission meeting.
3/21/2006 LRF Conferred with Ms. Boutsis regarding code enforcement issue
0.50 100.00
concerning, property located in South Miami with agricultural
exemption.
3/21/2006 LRF CSM reviewed agenda, to w/ Mayor Feliu;'attended city commission
6.50 11300.00
meeting
3/21/2006 EAB Attention to tax consequences related to vehicles and fringe benefits;
0.30 60.00`
and attention to Fla. League of Cities request related to
indemnification provisions.
3/22/2006 LRF Researched and prepared opinion concerning guidelines for
5.40 1,080.00
fundraisers for establishing legal defense funds for election laws
violations.
3/22/2006 EAB Attention to fund raiser Issue and telephone conference with Mr.
0.70 140.00
Meyers regarding same; and attention to Valenti complaint.
3/23/2006 EAB Attention to Valenti matter; and revised letter to Comm'r Birts.
0.40 80.00
3/23/2006 EAB Telephone conference with Ms. Jeanette Navarro regarding Barzola
0.60 120.00
litigation; e-mail communications with acting chief Morton regarding
same and coordinated meeting; and analyzed complaint filed against
Barzola.
3/23/2006 EAB: Telephone conference with Ms. Navarro regarding Ezel Williams v.
0.30 60.00
CSM litigation; analyzed complaint and provided direction to staff
regarding same; and attention to Valenti matter.
3/27/2006 LRF Reviewed agenda items. Teleconference with City Clerk. Revised
1.90 380.00
resolution for city manger selection committee.
3/27/2006 EAB Attention to Starbucksimatter; telephone conference with Oliver,
0.40 80,00
manager of Starbucks regarding same; e-mail communications with
staff regarding same;:: telephone conference with Ms. Navarro
regarding Anduiza payout.
3/28/2006 LRF Researched Florida statutes and prepared opinion on applicability of
3.00 600.00
4 -2 of the Code of ordinances to wine sales. Teleconference with
city clerk regarding government in the sunshine question, reviewed
city clerk response to Miami Herald; and teleconference with city
manager regarding pending matters.
Total Professional Services
I
13,620.00
Fees Reduced Due to Retainer
j
. 13,620.00
i
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
i
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -001 Statement Number
Page: 4
Rate Summary
Luis R. 50.30 Hours at 200.00 1hr 10,060.04
Eve A. Boutsis 17.80 Hours at 200.00/hr 3,560.00
Total hours: 68.10
Expenses
I
12/9/2005
Parking Charge
12.00
1/912006
Tolls
1.00
2/6/2006
Database Legal research
22.95
3/1/2006
Mileage
2.88
3/2/2006
Mileage
2.88
312/2006
Mileage
2.88
3/6/2006
i
Mileage
2.88
3/15/2006
Mileage
5.76
3/17/2006
i
Mileage
5.76
3/21/2006
Mileage
2.88
3/28/2006
i
,
I
i
(
Photocopies for the month March
18.50
,
i
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of
i
i
j
1.5% per month will be charged If payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID; 0022 -001 Statement Number Page. 5
For Professional Services 0.00
For Disbursements Incurred 80.37
Current Balance. 80.37
To be properly credited, please indicate Invoice Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within' 30 days.
�A'GI GALLQP UDR D .
Attortaeys f� "az�nseZors
18001 Old Cutler Road - Fifth Floor
City Attorney Account No. 001 -1500- 51:4 -3410, Legal Services, Non- Retainer
Account balance as of March 29, 2006,'$69,420.86
0022 -083
Planning Board
Statement No. 18395 dated 03128106
Prof'l Services
Disbureements
Total Due
$
1,160.00
0.00
1,160.00
0022 -129
Mark Richman Properties
Statement No. 18396 dated 03128106
Prof' l Services
Disburesments
Total Due
1,180.00
0.00
1,180.00
0022 -136
Rosenbaum v. CSM
Statement No. 18397 dated 03128106
Prof 1 Services
Disbursements
Total Due'
40.00
0.00
40.00
0022 -137
Special Master
Statement No. 18406 dated 03128106
Prof'l Services
Disbursements
Total Due `
$
1,640.00
0.00
1,640.00
0022 -157
Feliu v. Rundle
Statement No. 18399 dated 03128106
Prof'l Services
Disbursements
Total Due
$
1,020.00
0.00
1,020.00
0022 -171
Forfeiture of Currency
Statement No. 18400 dated 03128106
Prof'l Services
Disbursements
Total Due
$
180.00
23.62
203.62
0022 -172
Forfeiture of 1997 Black Mitsubishi
Eclipse
Statement No. 18401 dated 03128106
Prof 'I Services
Disbursements
Total Due
240.00'
9.02
249.02
0022.173
Forfeiture of Currency
Statement No. 18402 dated 03128106
Prof'l Services
Disbursements
Total Due
$
3,060.00'
3.78
303.78'
0022 -174
Hall, Dorisv. CSM
Statement No. 18403 dated 03128106
Prof'1 Services
Disbursements
Total Due
$
60.00 0
0.0
60.00
0022 -176
Martin v. Barzola
Statement No. 18404 dated 03128106
Prof'1 Services
Disbursements
To Due
$
1,000.00
0.78
1,000.78
Total
9,617.2q
Do not hesitate to call me if you have any questions regarding these statements,'
V Y44 -Y is R. Figueredo'
LRF:reh
Enclosures
cc: Mayor and City Commission
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR
NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $9,617.20;
CHARGING $9,617.20 TO ACCOUNT NO. 001-1500-514-341% 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
March 28, 2006, in the amount of $9,617.20; and,
WHEREAS, as of March 27, 2006, the existing balance on city attorney account
no. 001 -1500- 514 -3410, legal services, non- retainer, is $69,420.86.
WHEREAS, the office of 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 $9,617.20 are approved for payment;
charging $9,617.20 to account no. 001- 1500 - 514 -3410, legal, non - retainer.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of April 2006.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE:
READ_A VED AS TO FORM: Mayor Feliu;
Vice Mayor Wiscombe:
Commissioner Beckman:
CIT QRNEY Commissioner Birts Cooper:
Commissioner Palmer:
.,
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: NAG IN GALLOP & FIGUEREDO, P.A. Req. No. 14, FY 2005 -06
Date: ;March 30, 2006
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
ltd
Legal, Non-Retainer
001- 1500 - 514 -3410
$9,617.20
; $9,617.20 '
TOTAL
$9,617.20
Purchase Order No. I Terms/Discount
T Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above Material, Equipment, and Issuance of Purchase Order
Or Service Is Essential And A Authorized
Proper Request Against The
Codes Charge Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Head of' De artment Finance Department I City Manager
NAGcIN GALLOP FIGEREDOP.A.
Attorneys &'Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
March 28, 2006
Adriana Hussein _Matter ID: 0022 -083
Interim Finance Director Planning Board
City of South Miami
6130 Sunset Drive Invoice Number 18395
City of South Miami, FL 33143
Hours Amount
2/28/2006 LRF Reviewed the agenda items; telephone conference with 4.30 860.00
Commissioner Beckman regarding the Land Development Code
and requirements for Valet Parking on Private property; telephone
conference with Don O'Donniley; and responded to inquiries from
Planning Department.
3/17/2006 LRF Meeting with Don O'Donnally and commissioner Beckman 1.50 300.00
regarding affordable housing ordinance.
Total Professional Services 1,160.00
Rate Summary
Luis R. Figueredo 5.80 hours at $200.00 /hr 1,160.00
Total hours: 5.80
- I
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1,5% per month Will be charged 0 payment is not received within 30 days.
RFM
I
Nagin Gallop Figueredo P.A.
Matter ID: 0022-083 Statement No.: 18395 Pager 2
For Professional Services 1,160.00
For Disbursements Incurred 0.00
Current Balance: 1,160.00
Previous Balancer 4,220.00
Payments - Thank you 0.00
Total Due 5,380.00
Invoice Number: 18395
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.50% per month will be charged if payment Is not received within 30 days.
NAGIN GALLOP RGUEREDOPA.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) '854 -5351
March 28, 2006
Adllana Hussein Matter 1D: 0022 - 129
Interim Finance Director Mark Richman Properties v. City
City of South Miami
6130 Sunset Drive Invoice Number 18396
City of South Miami, FL 33143
Hours Amount
3/6/2006 LRF Reviewed and revised Biitstein professional services addendum 0.40 80.00
teleconference with Mr. McCardle'regarding same.
3/27/2006 LRF Reviewed agenda items. Teleconference with City Clerk. Revised 1.50 300.00
resolution for city manger selection committee.
3/27/2006 LRF Reviewed settlement agreement,. Teleconference with Mr. 4.00 800.00
McCardle regarding financial responsibility for debt service
payments after the effective date of the settlement agreement.
Teleconference with Ms. Hussein regarding financial payments
and project` development costs.
Total Professional Services 1,180.00
Rate Summary
Luis R. Figueredo 5.90 hours at $200.00 /hr 1,180.00
Total hours: 5.90'
Payments
12/28/2005 Payment Check No. 051573 99.37
i
2/14/2006 Payment Check No. 52021 82.11
Sub -total Payments: 181.48
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this involce. Interest at a rate of
1'!5 °!o per month will be charged If payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -129 Statement No.: 18396 Page: 2
For Professional Services 1,180.00
For Disbursements Incurred 0.00
Current Balance: 1,180.00
Previous Balance: 181.48
Payments - Thank you 181.48
Total Due 11180.00
Invoice Number: 18396
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
NAG II N GALLO P FI G UE R E D 0 P, A,
Attorneys & Coun'selors'
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
March 28, 2006
Adriana Hussein Matter ID: 0022 -136
Interim Finance Director Rosenbaum v. CSM
City of South Miami
6130 Sunset Drive Invoice Number 18397
City of South Miami, FL 33143
Hours
Amount
3/8/2006 EAB Docket search on final motion for rehearing; and prepared 0.20
40.00
memorandum to city comrn'n regarding successful completion of
the litigation.
Total Professional Services
40.00
Rate Summary
Eve A. Boutsis 0.20 hours at $200.00/hr 40.00
Total hours: 0.20
For Professional Services
40.00
For Disbursements Incurred
0.00
Current Balance:
40.00
Previous Balance: <
5,944.73
Payments - Thank you
0.00
Total) Due `
5,984.73
Invoice Number: 18397
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days:
NAGIN GALLOP FTGUEREDO
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
March 28, 2006
Adriana Hussein Matter ID: 0022 -137
Interim Finance Director Special Master Hearings
City of South Miami
6130 Sunset Drive Invoice Number 18406
City of South Miami, FL 33143
Hours
Amount
3/9/2006 EAB- Telephone conference with Mr. Hearne of LSGM; and attention to 0.40
80.00
code enforcement and related ch. 13 bankruptcy claim' issue
raised by residents
3/15/2006 EAB Analyzed agenda and cases; e- mailed code enforcement staff with 0.90
180.00
questions; prepared for hearings;; attention to Hearne deferral
request; and e-mail communications with Ms. Sorto, Ms. Bynum,
and Ms. Rosa.
3/16/2006 EAB Attention to and meeting with Code Enforcement Staff regarding 4.00
800.00
Andrade matter; attended pre- hearing meeting with staff; meeting
with finance and Ms. Rosa regarding Starbucks violations and
i occupational license Issue; attention to use Issue and agricultural
i tax exemption; and td attended special ial master hearings.
3/20/2006 EAB Attention to Valenti matter; and e-mail communications with Ms. 0.60
120.00
Rosa and Mr. O'Donniley regarding same; attention to Andrade
matter; telephone conference with Mr. Andrade; and provided
direction to staff regarding' same.
3/21/2006 EAB Analyzed correspondence by Mr. Cowan regarding Bowden 0.40
80.00
matter; and drafted letter to Mr. Cowan regarding same:
3/24/2006 LRI= Conferred with Eve Boutsls regarding Starbucks parking question 0.60
120.00
3/27/2006 EAB Attended meeting with Mr. O'Donniiey, Ms. Rothstein, Ms. Rosa 1.30 '
260.00
and Ms. McKinley thereafter; meeting with Ms. Chalvire regarding
Starbucks matter; and attention to FBC matter regarding swales
and storm water retention:
Total Professional Services 1,640.00'
Rate Summary
Luis R. Figueredo 0.60 hours at $200.00 /hr 120.00
Eve A. Boutsis 7.60 hours at $200.00 /hr 1,520.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.50% per month will be charged If payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -137 Statement No.: 18406
Page: 2
Total hours: 8.20
For Professional Services
1,640.00
For Disbursements Incurred
0.00
Current Balance;
1,640.00
Previous Balance:
1,365.76
Payments - 'Thank you
0.00
Total Due
3,005 76
Invoice Number: 18406
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment Is not received within 30 days.
NAGIN GALLOP FI GUE RED OPA.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305).854 -5351
March 28, 2006
Adriana Hussein Master ID: 0022 -157
Interim Finance Director Feliu v. Katherine Fernandez
City of South Miami
6130 Sunset Drive Invoice Number 18399
City of South Miami, FL 33143
Hours Amount
313/2006 HJM- Received and reviewed order from appellate court; reviewed file; 2.20 440.00
conducted legal research on privilege log issue and whether log is
required when privilege documents requested are evident from
request.
3/7/2006 HJM Prepared memo on issue of whether a motion for rehearing on 2.90 580.00
Circuit Court's order should be filed; conducted legal research on
same.
Total Professional Services 1,020.00
Rate Summary
H. James Montalvo 5.10 hours at $200.00 /hr 1,020.00
Total lours: 5.10
Payments
11/10/2005 Payment Check No 50972 182.00
Sub -total Payments: 182.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -157 Statement No.: 18399 Page: 2
For Professional Services 1,020.00
For Disbursements Incurred 0.00
Current Balance: 1,020.00
Previous Balance: 182.00
Payments - Thank you 182.00
Total Due 1,020.00
Invoice Number: 18399
To be properly credited, please indicate Invoice Number above on your remittance check.
i
i
i
I
i
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1'.5% per month Will be charged if payment is not received within 30 days.
1vAGTN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -8351
March 28, 2006
Addana Hussein Matter ID: 0022 -171-
Interim Finance Director Forfeiture of Currency
City of South Miami
6130 Sunset Drive Invoice Number 18400
City of South Miami, FL 33143
Hours
Amount
2/27/2006 HJM Revised request for admissions; reviewed filed; conducted 0.30
60.00
telephone conference with claimants' counsel regarding settlement.
3/7/2006 HJM Forfeiture of Townsend - received and reviewed mediation order 0.10
20.00
from court.
3/8/2006 HJM Forfeiture of Townsend - received and reviewed trial order and 0.40
80.00
order of referral to mediation; telephone conference with
Townsend's counsel regarding selecting a mediator.
3/2012006 HJM Telephone conference with claimant's counsel, Fred Droese 0.10 -
20.00
regarding outstanding discovery and mediation.
Total Professional Services
180.00
Rate Summary
H. James Montalvo 0.90 hours at $200.00/hr 180.00
Total hours: 0.90
Expenses
Photocopies 4.50
Parking Charge 2.00
Mileage 11.72
3/28/2006 Postage; Charge for the month of March 2006. 5.40
Sub -total Expenses: 23.62
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1:5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID- 0022 -171 Statement No.: 18400 Page: 2
For Professional Services 180.00
For Disbursements Incurred 23.62
Current Balance: 203.62
Previous Balance: 3,184.50
Payments - Thank you 0.00
Total Due 3,388.12
Invoice Number: 18400
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.6% per month will be charged if payment is not received within 30 days.
NAGIN CALLOPFIGUEREDOP.A.
Attorneys &`Counselors
18001 Old Cutler Road, Suite 556 Miami, 'Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -.5351
March 28, 2006
Adriana Hussein Matter ID: 0022 -172
Interim Finance Director Forfeiture of 1997 Black
City of South Miami
6130 Sunset Drive Invoice Number 18401
City of South Miami, FL 33143
Hours Amount
3/17/2006 HJM Reviewed fife; prepared exparte motion for default final; judgment; 1.20 240.00
prepared letters to court.
Total Professional Services 240.00
Rate Summary
H. James Montalvo 1.20 hours at $200.00 /hr 240.00
Total hours: 1.20
Expenses
Parking Charge 4.00
3/28/2006 Postage Charge for the month of March 2006. 2.52
3/28/2006 Outside copy job 2.50
Sub -total Expenses: 9.02
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
i
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -172 Statement No.: 18401 Page: 2
For Professional Services 240.00
For Disbursements Incurred 9.02
Current Balance: 249.02
Previous Balance: 224.46
Payments - Thank -you 0.00
Total Due 473.48
Invoice Number. 18401
To be properly credited, please indicate Invoice Number above on your remittance check:
Payment is due upon receipt, please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month Wii be charged it payment Is not received within 30 days.
"F."F :53eg.=
u '
NAGIN GALLOPFIGUEREDOPA.
Attorneys & Counselors
18001" Old Cutler Road, Suite 656 Miami, Florida 33157
Telephone; (305) 854.5353 Facsimile: (305); 854 -5351
March 28, 2006
Adriana Hussein
Matter ID: 0022 -173
Interim Finance Director
Forfeiture in Re: US Currency
City of South Miami
6130 Sunset Drive
Invoice Number 18402
City of South Miami, FL 33143
Hours
Amount
3/3/2006 HJM
Forfeiture of Morrow - reviewed file; telephone conference with 2.90
580.00
Albert Piantini; received and reviewed letter from Albert Piantini.
3/6/2006 HJM
Forfeiture of $36,359 - continued reviewing file; telephone 1.90
380.00
conference with claimant's counsel; conducted legal research
regarding forfeiture felonies and misdemeanors; prepared letter to
claimant's counsel, Albert Piantini.
3/7!2006 HJM;
Forfeiture of Morrow - prepared request for admissions to 2.20
440.00
claimant; subpoena duces tecum to three individual claimants who
make claim to the outstanding monies; subpoena duces tecum,to
owner of house alleged to be purchased by claimant Morrow;
reviewed file; conducted legal research on issue of totality of
circumstances.
3/9/2006 HJM
f=orfeiture of Morrow - prepared notice of hearing; revised and 3.80
760.00
edited request for admissions and subpoena duces tecum;
prepared letter to claimant's attorney; reviewed file; telephone'
conference with claimant's, counsel's office regarding discovery.
3/10/2006 HJM
Forfeiture of Morrow - telephone conference with claimant's 2.80
560.00
counsel, Ablert Plantini regarding accepting service of subpoenas
of witnesses; conducted legal research on statements from
innocent witnesses:
3/14/2006 HJM
Forfeiture of Morrow - telephone conference with claimant's 0.20
40.00
counsel.
3/14/2006 EAB
E -mail communications with acting chief Morton, pd staff, 0.30
60.00
regarding pc and trial.
3/16/2006 HJM
Prepared notices of depositions and revewe file. 0.40 -
80.00
3/24/2006 EAB
Attention to Morrow matter; and e-mail communications with Dot. 0.60
120.00
Richard Munoz, acting chief Lisa Morton, and staff regarding pc
hearing.
3/27/2006 HJM
Prepared letter to claimaint's attorney granting extension of time to 0.20
40.00
file answer and responses to discovery.
Payment is due upon receipt.
Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022.173 Statement No.: 18402
Pager 2
Total Professional Services
3,060.00
Rate Summary
H. James Montalvo 14.40 hours at $200.00 1hr 2,880.00
Eve A. Boutsis 0.90 hours at $200.00 /hr 180.00
Total hours: 15.30
Expenses
3/2812006 Postage Charge for the month of March. 3.78
Sub -total Expenses: 3.78
For Professional Services
3,060.00
For Disbursements Incurred
3.78
Current Balance:
3,063.78
Previous Balance: °
2,469:52
Payments - Thank you
0.00
Total Due
5,533.30
Invoice. Number: 18402
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days,
NAGIN GALLOPFIGUEREDOP.A•
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305),864 -5351
Adriana Hussein March 28, 2006
Matter ID: 0022 -174
Interim Finance Director Hall, Doris v.`CSM
City of South Miami
6130 Sunset Drive Invoice Number 18403
City of South Miami, FL 33143
Hours Amount
3/9/2006 EAB Analyzed correspondence and findings by U.S. HUD related to Hall 0.30 60.00
complaint closure; and prepared e-mail to city commission
regarding same.
Total Professional Services 60.00
Rate Summary
Eve A. Boutsis 0.30 hours at $200.00 /hr ' 60.00
Total hours: - 0.30
Payments
2/14/2006 Payment Check No. 52021 1,160.00
Sub -total Payments: 1,160.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.'
Nagin Gallop Figueredo P.A.
Matter ID: 0022-174 Statement No: 18403 Page: 2
For Professional Services 60.00
For [disbursements Incurred 0.00
Current Balance: 60.00
Previous Balance: 1,160.00
Payments - Thank you 1,160.00
Total Due 60.00
Invoice Number: 18403
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 stays of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
MY
NAGIN GALLOPFIGUEREDOPA.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556 Miami, Florida 33157
Telephone: (305 ) 854 -5353 Facsimile: (305) 854 -5351
March 28, 2006
Addana Hussein Matter ID: 0022 -176
Interim f=inance Director "Martin v. Barzola
City of South Miami
6130 Sunset Drive invoice Number 18404
City of South Miami, FL 33143
Hours Amount
3/27/2006 HJM Received and reviewed summons and complaint; conducted legal 4.50 900.00
research for defenses; prepare' d notice of appearance; traveled to
South Miami for conference with Chief of Police and defendant,
Marzola.
i
3/27/2006 EAB Attended meeting with Barzola, acting chief Lisa Morton and Lisa 0.50 100.00 j
Corbin.
i
s
Total Professional Services 11000.00
3
3
Rate Summary
H. James Montalvo 4.50 hours at $200.00 /hr 900.00
i
Eve A. Boutsis 0.50 hours at $200.00 /hr 100:00
I
Total hours: 5.00
Expenses
S
3/28/2006 Postage Charge for the month of March. 0.78
1
Sub -total Expenses: 0.78
i
i
i
i
i
i
i
i
9
i
Payment is due upon receipt. Please notify us within t0 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per•month will be charged if payment Is not received within 30 days.
3
i
3
i
E
i
Nagin Gallop Figueredo P.A.
Matter 1D: 0022 -176 Statement No.: 18404 Page: 2
For Professional Services ' 1,000.00
For Disbursements Incurred 0.78 ,
Current Balance: 1,000.78
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 1,000.78
Invoice Number: 18404
To be properly credited, please indicate Invoice Number above on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CITY OF SOUTH MIAMI
INTER — OFFICE MEW)RANDUM
To: Adriana Hussein, Interim finance director Date: March 30, 2006
Mayor, city commission
Maria Davis, city manager
From Luis R. Figueredo, city attorney's office Re: Lott & Levine Invoice No
7853 - -Title Search
Property - 6721 S.W. 62nd
Court
REQUEST
Process payment of Lott & Levine invoice number 7853 dated Mauch 19, 2006 in the
amount of $58.50, for services rendered in connection with the title search of the property
located at 6721 S.W. 62"d Court. Requisition No. 15 is included.
BACKGROUND AND ANALYSIS
The invoices are for the title search performed relating to the referenced property address.
Mr. Lott was retained by the city to perform the title search and provide a status report of
said property.
RECOMMENDATION
1 recommend approval of the invoices for payment as the amount of fees and costs are
reasonable and necessary.
?„:°.'.'�
o1JV aWINUL LJLLYe,:OVUU4 lv1LaLLLA, J-1Vt ua - Pa -rr
Vendor: Lott & Levine Req. No. 15, FY 2005 -2045
Date: March 30, ZOOS
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Other contractual services,
001- 1500 - 514 -3453
$58.50
$58.50
consulting -- real property
TOTAL $58.50
Purchase Order No. I Terms/Discount
I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above` Material, Equipment, and Issuance of Purchase Qrder
Or Service Is Essential And A Authorized
Proper Request A aunt The
Cod arge Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Head o � e artment Finance Department City Manager
LENT & LEVM
DADELAND CENTRE, SUITE 1014
9155 SOUTH DADELAND BOULEVARD
MIAMI, FLORIDA 33156
CITY OF SOUTH MIAMI
EVE A. BOUTSIS March 19, 2006
18001 OLD CUTLER ROAD �°' Reference No. 7863
SUITE 556
MIAMI, FL 33133
For Professional Services Concerning:
Matter Number: CITY4.05055 Title CSM TITLE SEARCH 6721 SW 62 CT
(MOHAMMAD ABDULLA)
Hours
01/24/06 RECEIVED AND PRINTED E -MAIL FROM
BOUTSIS WITH ATTACHMENT OF PROOF OF
PUBLICATION OF NOTICE OF JUDICIAL SALE
BY THE CLERK; CERTIFICATES OF
DISBURSEMENTS, TITLE, AND SALE;
FOLLOW UP TELEPHONE CONFERENCE
WITH BOUTSIS REGARDING LEGAL
DESCRIPTION USED IN SUMMARY
JUDGMENT AND PUBLICATION. 0.30
i
Total Hours and Fees: 0.30 $58.50
Matter Summary
Total 'Fees: $58.50
Total Cost: $0.00
Sub -Total Current Fees and Costs: $58.50
i
Amount Due: $55.50
i
i
i
i
PAYMENT IS DUE ON OR BEFORE APRIL 6, 2006.
PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE.
THANK YOU.
I
i
i
so U ry ' South Miami
1A
Mmedcadty
. INC 192RAM) CITY OF SOUTH MIAMI
o Rto� OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos 7
To: The Honorable Mayor <Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: Don O'Donniley, Planning Director
Date: April 4, 2006
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING SECTION 2.26.11(F) OF THE CODE OF
ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE
AFFORDABLE HOUSING ADVISORY` COMMITTEE SHALL BE EXTENDED;,
PROVIDING FOR SEVERABILTY:- PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Request: The ordinance creating the affordable housing advisory committee provides that the
committee's term shall be one year,: unless extended by the City Commission (City Code
Section 2.26.11f ). It is recommended that City Code Section 2.26.11(f) be amended to
read that the Affordable Housing Advisory Committee's term will be extended until the
project is completed. The attached revised ordinance should be adopted on second
reading.
Backup Documentation:
Proposed ordinance
City Commission Staff Report 3 -21 -06
Ord. No. 08 -05 -1830
Public notices
DOD /SAY gO
E: \Comm ltems\200E \4- 4- 06\Afford housing Comm Extension Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION
5 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO
6 PROVIDE THAT THE TERM OF OPERATION OF THE
7 AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE
8 EXTENDED; PROVIDING FOR SEVERABILTY: PROVIDING
9 FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City of South Miami Comprehensive plan encourages the
13 development of affordable housing in order to respond to the housing needs of the
14 community; and,
15
16 WHEREAS, the South Miami City Commission at its April 9, 2005
17 meeting adopted Ordinance No. 08 -05 -1830 amending the Code of Ordinances in order
18 to create an affordable housing advisory committee for the general purpose of researching
19 effective affordable housing measures implemented in other municipalities and :acting as
20 a local resource to the City will help the City respond to community needs; and
21`
22 WHEREAS, the affordable housing advisory committee has been meeting
23 for almost one year and has contributed significantly to formulating the City's affordable
24 housing policies and research; and
25
26 WHEREAS, City Code Section 2.26.11(f) states that the affordable
27 housing advisory committee's term shall be one year, unless extended by the City
28 Commission; and
29
30 WHEREAS, the affordable housing advisory committee still has
31 additional remaining duties to assist the City to respond to State comments on the
32 Evaluation and Appraisal Report and on the affordable housing initiatives' being proposed
33 by Miami -Dade County,
34
35 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
37
38 Section 1. Section 2.26.1 l(f) of the Code of Ordinances shall be amended
39 to read as follows:
40
41 (f)' Term. The Term of the Committee shall be until the project is completed."
42 Lacc
43
l (2)
2
3 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
4< reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
5 shall not affect the validity of the remaining portions of this ordinance.
6
7 Section 3. All ordinances or parts of ordinances in conflict with the provisions
8 of this ordinance are repealed.
9
10 Section 4. This ordinance shall take effect immediately upon adoption.
11
12 PASSED AND ADOPTED this day of , 2006.
13
14 ATTEST: APPROVED
15
16
17 CITY CLERK MAYOR
18
19 1St Reading
20 2nd Reading
21
22 COMMISSION VOTE:
23 READ AND APPROVED AS TO FORM Mayor Feliu:
24 Vice Mayor Wiscombe:
25 Commissioner Palmer:
26 CITY ATTORNEY Commissioner Birts:
27 Commissioner Beckman:
28
29
30
31
32
33
34
35
36
37`
38 a
39
40
41
42
43
44 EAComm Items\2006 \44- 06\Affordable Housing Committee Extension Ordinance.doc
N .,-,. ..�.r,.,-.. �-^; .�.- .�.,„._.:- �^- �.- �,^"s" °�,��^�.. -�� .�'.'r;'.r?��ar�r,. ?ems.: ;,,^�"T�- 'sti?�„�,,"'��,�� c"�-- .u�•�,r- ,',�.� -'.a. � n+�eaT' �4;s;
SOU7�
04� South Miami
F *AM&1CaCity ,
• INCORPORATED' • I
1927
RSV �
2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY 'MANAGER
To: Honorable Mayor, Vice Mayor and Date: March 21, 2006
Commission Members
From: Yvonne S. McKinley ITEM No. /97
Acting City Manage Re: Extending Term of
Affordable Housing Advisory
Committee
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH 'MIAMI, FLORIDA AMENDING SECTION
2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER: TO
PROVIDE THAT THE TERM OF OPERATION OF THE
AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE
EXTENDED; PROVIDING FOR SEVERABILTY: PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN `
EFFECTIVE DATE.
BACKGROUND
The South Miami City Commission at its April 9, 2005 meeting adopted Ordinance No. 08 -05 -1830
amending the Code of Ordinances in order to create an affordable housing advisory committee for the
general purpose of researching effective affordable housing measures implemented in other
municipalities and acting as a local resource to the City will help the City respond to community
needs The committee has been meeting for almost one year and has contributed significantly to
formulating the City's affordable housing policies.
The ordinance creating the affordable housing, advisory committee provides that the committee's term
shall be one year, unless extended by the City Commission (City Code Section 2.26.1 if ). The
committee still has additional remaining duties to assist the City to respond to State comments on the
Evaluation and Appraisal Report and on the affordable housing initiatives being proposed by Miami-
Dade County.
RECOMMENDATION
It is recommended that City Code Section 2.26.11(f) be amended to read that the Affordable Housing
Advisory Committee's term will be end on December 30, '2006. The attached ordinance should be
approved on first reading.
Attachments:
Proposed ordinance
Ord. No. 08 -05 -1830
Public notices
YSM /D0D /SAY.:.
EAComm Items\2006\3- 21- 06\Afford Housing Committee Extend- Report.doc
ORDINANCE NO. 08 -05 -1830
AN ORDINANCE OF THE MAYOR AND CITY- COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS;
AND CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE
HOUSING ADVISORY COMMITTEE" PROVIDING FOR
SEVERABILITY, `ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami Comprehensive plan encourages the
development of affordable housing in order to respond to the housing needs of the
community; and,
WHEREAS, private industry alone has not generated sufficient affordable housing
units to meet community needs and achieve the City's goal of assuring the "availability
of sound and affordable housing" all City of South Miami residents; and
WHEREAS, an affordable housing advisory committee created for the general
purpose of researching effective affordable housing measures implemented in other
municipalities and acting as a local resource to the City will help the City respond to
community needs;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND - CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City of South Miami does hereby establish the Affordable
Housing Advisory Committee.
Section 2. Sec. 2.26.11 of the City of South Miami Code is created to read:
Sec.2.26.1 I The Affordable Housing Advisory Committee
(a) Created, composition. There is hereby created The Affordable
Housing Advisory Committee. The Committee shall consist of five members.
(b) Appointment and qualifications of-Members. The Mayor with the adviVe
and consent of the Commission shall be responsible for appointing the members to
serve on the Committee.
(c) Change in number of members. The number of persons serving on the
Committee may be increased or decreased by city commission. In the event of
Additions shown by underlinine and deletions shown by ev
Pagel of 3
Ord'. No. 08 -05 -1830
a change in members, the number of members that must be present to constitute a
quorum for a meeting shall be half the total members plus one.
(d) Chairperson and vice - chairperson. The chairperson and vice- chairperson
shall be elected by the members of the Committee. The members may elect any
additional officers that they deem necessary.
(e) Duties. The duties of the Committee shall include, but not be limited to:
(i) serving in .an. advisory capacity to the Planning Board,_ and
the : Community Redevelopment Agency, and the City
Commission by identifying and evaluating, successful
affordable housing projects
(ii) consulting with property owners, builders and persons
experienced in the development of affordable housing.
(iii) assisting the Planning Department by reviewing data and
information collected relative to affordable housing statistics,
programs, grants and subsidies.
(iv) , performing.,; other duties, functions and services as may be
requested by the Mayor and City Commission.
(f) Term. The Term of the Committee shall be one year, unless
extended by the City Commission.
(g) Goals._. The goal of the Committee shall be to submit, for
consideration, one or more affordable housing projects or affordable housing
incentive ordinances to meet community needs and achieve the compressive ;
plan's housing goal.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 5. The provisions of this ordinance shall be included in the City of
South Miami Code of Ordinances.
Additions shown by underlining and deletions shown by ,,..°.-ikins
Page 2 o 3
- ",- 'g,^w`° -�,�re +�^F,gs�^�s�„�^a�z'�"r, azs „-x -�.; �n �,'�R� 3�T.,1,- --� + rr.°`-*° a.-.'�x-rk= ;,,,1 �, -_,^i ,.s,:: *- �_',s� ».csrm <8nr .:3:aa^• w
Ord, No. 08 -05 -1830
Section 6. This ordinance shall take effect immediately upon approved
PASSED AND ADOPTED this "day of , 2005
ATTEST: APPROVED
CITY CLEkC 0
1" Reading — 3/10/05
2na Reading — 4/9/05
COMMISSION VOTE: 5 -0
READ AND ED AS TO FORM: Mayor Russell: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
CIT TORNEY Commissioner Sherar: Yea
Commissioner Wiscombe: Yea
E: \Comm ltems\2005\3 -10 -05 \Ordinance Affordable Housing.doc
J:\My Documents\resolutions \Ordinance Affordable Housing.doc
Additions shown by underlining and deletions shown by eg
Page 3 of 3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and f
Legal Holidays
Miami, Miami -Dade County, Floridan
STATE OF FLORIDA CITYOFSOUT�HMUIMI
COUNTY OF MIAMI -DADE: NOTICE OF PU4'HEA�INt,9� l
M M � 1
Before the undersigned authority .,NOTICE IS HEREBY given that the yit Commiss on of the ity o :" outh
g y personally appeared � � �
O.V. FERBEYRE, who on oath says that he or she is the Miami, Flontla will conduct PbirHearings a regularCCommis
SUPERVISOR, Legal Notices of the Miami Daily Business son meetng scheduled for Tuesday APn�OAegirnm� 730 p m
Review f /k/a Miami Review, a daily (except Saturday, Sunday
iri the City Commission Chambers, 6130insetnve, nsider the
joie owing items
and Legal Holidays) newspaper, published at Miami in Miami Dade
x ti
County, Florida; that the attached copy of advertisement, SAN ORDINANCE OF THE MAYOR�AND� C MM SI�SIONi
being a Legal Advertisement of Notice in the matter of OF : THE CITY QF .SOUTH MIAMI, FLORIDA%=AMENDING ?
SECTION 22611(F).OF THE CODE OORDINAiJCESINF
ORDER TO PROVIDE THAT7HEiTERM OF QPERATION OF
CITY OF SOUTH MIAMI EXTENDED, PROVIDING FOR SEV � it VOOYLTPUBLIC HEARING 4/4/2006 ALLkBE EI B
u
PROVIDING FOR ORDINANCES�INCONFLICT�,QANDEt
in the XXXX Court; PROVIDING FOR AN EFFECTIVE DATE
was published in said newspaper in the issues of
AN ORDINANCE OF,THE MAYOR AND CIT�P COMMISSION
OF THE CITY OF SOUTH MI�MI FLORIDA AMENDING THEE
03/24/2006 a'
LAND DEVELOPMENT CODE -0F THE CITYOFSO�ITH 1
MIAMI BY .ADDING A ANEW SECTION eY20 -A 1(f� _ENTITLED '
'A FFORDABLE�HOII$1N CONCURREI CY RESERVE iN 9=,
Affiant further says that the said Miami Daily Business ORDER TO AESERI%ETHE�EXCESS •RECREATION AND yi
Review is a newspaper published at Miami in said Miami - Dade PUBLIC PARKiA ID A�:REA aE AB VE THE,CUR -ENTLY }h
County, Florida and that the said newspaper has ADOPTED LEVEL OFERVICE TOLE USED XC USyELY
heretofore been continuousl ublished in said Miami -Dade Count , �f0 MEET�;ONCUR�i�NCY REQUIREMENTSOFFORD
Florida, each day (except Saturday, Sunday and Legal Holidays) y ABLE HOUSING PROJECTS, ;PROVIDING f�FgR
and has been entered as second class mail matter at the post.SEVERABILITY, PROVIDING FOR aRDINAI�CES z1N
n CONFLICT, AND PROVIDING AN EFFECTIVE DATE
office in Miami in said Miami -Dade County, Florida, fora
period of one year next preceding the first publication of the RESOLUTION OF THE MAYOR AND CITY COMMISSION OF = r
attache copy of advertisement; and affiant further says that he or
she has neither aid nor promised an person, 'firm or corporation
' THE CITY OF; SOUTH ,MIAMI, F04iW RELATING �jO ;A
P P Y P P RS UANTfiO SECTION 20=3 4(Bx4Kbj QF THE
REQUEST.PU
any discount, rebate, co ission or refund for the purpose LAND DEVELOPMENT CODE FOR SPECIhL USEAPPROY W
of securin is adv sem t for publication in the said AL' t ALLOW THE :EXPANSION OF SUSHI�MAK
I� )
newspa r. RESTAURANT INTO AN ADJACENT STORE`7_OCATED AT
5870 SUNSET DRIVEIN THE" SR {HC- OV) "6PECIAL'�Y �� 'I
RETAIL •HOMETOWN f DISTRICTOVERLAY ONING
DISTRICT; PROVIDINIa FOR AN.EFFECTIVE DATE.,
_ � : •_� � �� air {� I
Sworn to and subscribed before me this Above items can be inspected in the Cdy Clerks OfficeiAQnday `Fnday
dunng regular office hours
1r; qr, I
24 day of MARCH A.D. 2006
ff you have anjt inquiries on the above'ttems please¢ ontact the Planning
and Zoning office at 305 663 6326 s . ,;�
-ALL interested parties are invited to attend and wdl be heard >= Y
(SEAL) _ ;. Maria M Menendez, CMC u
City Clerk 9
O.V. FERBEYRE personally known to me~
P y Che H Mariner
M Pursuant $ Ftoiida Statutes 286 0105,the Ctty hereby advises ttte public
4P ON My Commission DD338558 ,that if a person degides to ;appeal any decision rnatleby this Board i
eAge 'cy or Commission wdh espect to any natter cpns�dered fat,its
a Expires July 18,200 meeting` or heanng; he or sie will need a record of the pTOCeedm;gs, 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
.3/24 .:�wy: _�, A6 3- 291fi58086M
so u South Miami
o
'
All-AmeficaCft
CITY OF SOUTH MIAMI
INCORPORATED'
o 27 OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor.Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From Don O'Donniley, Planning Director
Date: April 4, 2006
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH'
MIAMI BY ADDING A NEW SECTION 20`- 4.1(F) ENTITLED "AFFORDABLE HOUSING
CONCURRENCY" IN ORDER TO RESERVE` THE 'EXCESS RECREATION /PUBLIC
PARK LAND ACREAGES ABOVE THE ADOPTED LEVEL OF SERVICE' TO BE USED
EXCLUSIVELY TO MEET CONCURRENCY FOR AFFORDABLE HOUSING
PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE
Request: It is proposed that as a matter of < public policy the City will reserve the available public
recreational and park land in excess of current demand for concurrency purposes to be
utilized exclusively for future affordable housing projects. This will ensure that recreational
and public' park land acreage needed to support affordable housing projects is available
concurrent with the impacts of such developments
The attached ordinance amends Land Development Code Section 20 -4.1,' which is
entitled "Adequate Public facilities and services ". This section of the Code provides a, list
of level of 'service standards which must;' be enforced as part of the City's concurrency
program. The draft ordinance adds a new sub - section, Sec. 20- 4.1(F), "Affordable
Housing Concurrency Reserve ". The Planning Board at its January 31, 2006 meeting
adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed
legislation.
The City Commission approved the proposed ordinance on second reading at its March
21, 2006 meeting. At that time the ordinance was amended to 'add "annexation" as a
purpose for which the excess recreational and park land concurrency acreage' could be
used for
Backup Documentation:
Proposed ordinance
City Commission Staff Report 3 -21 -06
Excerpt from EAR Document (p. 52) pertaining to r/p concurrency
Planning Board Minutes 1-31-06 Excerpt
Public notices
DOD /SAY
E: \Comm ItemsC06 \4- 4- 06 \LDC Amend Afford Housing Concurrency report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI AMENDING THE 'LAND DEVELOPMENT
5 CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION
6 20- 4.1(F) ENTITLED I "AFFORDABLE , HOUSING CONCURRENCY
7 RESERVE" IN ORDER TO RESERVE THE EXCESS RECREATION
8 AND PUBLIC PARK LAND ACREAGE ABOVE THE CURRENTLY
9 ADOPTED LEVEL OF SERVICE TO BE USED EXCLUSIVELY TO
10 MEET CONCURRENCY REQUIREMENTS FOR AFFORDABLE
1l HOUSING PROJECTS; PROVIDING FOR SEVERABILITY;
12 PROVIDING FOR ORDINANCES IN' CONFLICT; AND PROVIDING AN
13 EFFECTIVE DATE.`
14
15 WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
16 municipalities shall have governmental, corporate and proprietary powers to enable
17 municipalities to conduct municipal government, perform municipal functions and render
18 municipal services; and
19
20 WHEREAS, pursuant to the referenced provision of the Florida Constitution, the city
21 may exercise any power for municipal purposes except as otherwise provided by law; and
22
23 WHEREAS, chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"
24 implements the applicable provisions of the Florida Constitution and authorizes municipalities to
25 exercise any power for municipal purposes, except when expressly prohibited by law and to
26 enact ordinances in furtherance thereof; and
27
28 WHEREAS, within the above referenced grant of powers, the City of South Miami, has
29 the authority to establish land use and development regulations for the protection of the public
30 health, safety and welfare; and
31
32 WHEREAS, there is a recognized regional shortage of affordable housing which is
33 contributing to residents overpaying, for housing; accommodations; and
34
35 WHEREAS, persons of low, moderate, or workforce income levels are experiencing
36 increasing difficulty in locating and maintaining adequate, safe and sanitary affordable housing
37 within the City of South Miami; and
38
39 WHEREAS, some of the residents of the City earn incomes only adequate to pay for
40 affordable housing and as a result of the short supply within the City, they may be forced to live
41 in less than adequate housing or pay a disproportionate share of their incomes to live in adequate
42 housing within the City; and `
43
44 WHEREAS, the City has determined that escalating land costs and rapidly diminishing
45 amounts of undeveloped land available to be used to meet the city's recreation and public park
1
I land concurrency requirements renders the future development of affordable dwelling units
2 within the City unfeasible; and
3_
4 WHEREAS, it is necessary to mitigate the impacts of market - rate housing on the supply
5 and cost of affordable and lower than median- income housing, due to the decreasing available
6 supply of developable sites in the City and the upward pressure on the pricing of all housing in
7 the community; and
8
9 WHEREAS, current development costs, combined with the prices of the housing market
10 and increased rents for affordable housing makes it difficult to attract adequate new construction
11 of affordable housing. These' circumstances harm the City's ability to attain its goals articulated
12 in its comprehensive plan; and,
13
14 WHEREAS, the City Commission has determined that the adoption of this ordinance is
15 in the best interest of the public health, safety and welfare; and,
16
17 WHEREAS, the City desires as a matter of public policy to reserve the available
18 recreation and public park land in excess of current demand for concurrency purposes to be
19 utilized exclusively for future affordable housing projects to ensure that open space needed to
20 support affordable housing projects is available concurrent ' with the impacts of such
21 developments.
22
23 WHEREAS, on January 31 2006 the Planning Board, after public hearing, approved a
24 motion by a vote of 7 ayes 0 nays to recommend adoption of a proposed amendment to the
25 South Miami Land Development Code to add ,Section 20 -41(F) entitled "Affordable Housing
26 Concurrency Reserve"; and
27
28 WHEREAS, the Mayor and City Commission of the City of South. Miami' desire to
29 accept the recommendation of the Planning Board.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. Chapter 20- 4.1(F), entitled "Affordable Housing Concurrency Reserve" of
35 the City of South Miami code is hereby adopted to read:
36
37 (F) Affordable Housing Concurrence Reserve.
38
39 (1) Purpose.
40
41 The purpose of this chapter is to facilitate the development and availability of housing affordable
42 to a broad' range of households with varying income levels within the City. This chapter is
43 intended to attain the goals in the city's comprehensive plan by facilitating the development of
44 housing to adequately provide` for the housing needs of all economic segments of the community,
45 and is particularly concerned with meeting the affordable housing needs of the community. To
46 meet this goal, the city shall reserve excess concurrency ` recreation land. The excess
0J,
I concurrency recreation land shall be used exclusively to meet future concurrency requirements
2 for affordable housing projects. The excess concurrency recreation and public park land may,
3 however, be used to develop projects for which concurrency determinations were made and
4 which received approvals prior to the enactment of this ` ordinance, or for concurrence for
5 future annexations. Moreover, the above whereas clauses are incorporated by reference into this
6 ordinance.
7
8 (2) Definitions. For purposes of this ordinance the following terms, phrases, words
9 and derivations shall have the meaning given herein.
10
I I Affordable Housing Project shall mean that segment of the housing market where the
12 housing being developed is targeted at or reserved for Eligible Households that are unable to
13 compete effectively in the existing housing market for City of South Miami and Miami Dade
14 County. The term covers a wide range of providers and tenures including public sector, housing
15 allocations, joint ventures and owner occupation. Affordable housing is not necessarily low cost
16 housing and is further defined below under "Eligible Households."
17
18 Reserved Public Land shall mean the recreation and public park land available in the
19 City's inventory that exceeds the City's 240=5 concurrency requirements and which is reserved to
20 meet future impacts' associated with developing affordable housing projects for Eligible
21 Households.
22
23 Capacity Reservation Allocation shall mean the specific findings made by the City
24 Commission pursuant to Article V. of the City of South Miami Land Development Code that the
25 proposed development constitutes an affordable housing project, and as a result, specific acreage
26 of the Reserved recreation and public park land inventory shall be allocated via a capacity
27 reservation certificate. An issued capacity reservation certificate shall evidence the allocation of
28 a portion of the City's Reserved recreation and public park land inventory.
29
30 Capacity Reservation Certificate shall mean the reserved recreation and public park land
31 allocated by the City Commission for an affordable housing project development application for
32 a period that corresponds with the associated development permit.
33
34 Developer shall mean any person, business, or other legal entity that seeks approval from
35 the city to construct residential units.
36
37
38
Afforc
39
120 %
40
encoir
41
progra
42
incom
43
be at ,
44
area n
45
comm
46
house]
Households shall mean those households determined by the Miami -Dade County
.sing Agency or, other public housing agency to be not less than 90% or more than
edian Household Income (work force housing). Eligible Households shall also
seholds or residential developments provided as part of an affordable housing
ing to U.S. Housing and Urban Development Guidelines, to wit: moderate
)Ids must be at 80% of area median family /household income; low- income must
rea median family /household income; and very low- income must be at 30 %' of
mily/household income) or any other federal or state affordable housing and
velopment programs. In the event the criteria` for qualifying as an eligible
djusted subsequent to the enactment of this section, the definition of eligible
3
I households for purposes of this section 'shall be the latest criteria promulgated by the Miami-
2 Dade Housing Agency.
3
4 Median Household Income means the median income of a household within Miami -Dade
5 County. The Median 'Household Income shall be determined by Miami -Dade County Housing
6 Agency,
7
8 (3) Application for Certificate of Capacity Reservation.
9
10 ` An application for obtaining a certificate pursuant to this ordinance shall be made to the City
11 Commission on a form provided by the Planning Director.
12
13 Informationto be provided by the applicant shall include at a minimum:'
14
15 (a) A property survey by a registered surveyor;
16 (b) A letter of intent;
17 (c) A site plan;
18 (d) Where the use includes a vehicular use area or landscaped buffer, a proposed landscape
19 plan and information regarding permanent maintenance arrangements;
20
21 (e) A neighborhood location map showing all surrounding land uses within five hundred
22 (500) feet of the proposed site;
23
24 (f) All information required for any other type of land use, zoning, or building application
25 necessary for processing the development project; and
26
27 (g) Any other information necessary to demonstrate that the proposed use will conform fully
28 with the requirements of this Code.
29
30 (h) An affidavit affirming that upon receipt of the Certificate of Capacity Reservation, the
31 owner of the property shall record a covenant running with the land, or a declaration of
32 restrictions, in a form satisfactory to the city attorney and in compliance with US HUD
33 regulations, requiring the affordable housing project be used for affordable housing
34 purposes for Eligible Households for a'minimum of 30 years. Failure to comply with the
35 covenant shall result in the revocation of the Capacity Reservation Certificate, and further
36 enforcement action as indicated at section 2 -4.1 (17)(5)
37
38 (i) An affidavit affirming that upon receipt of the Certificate of Capacity Reservation, the
39 owner of the property shall record a covenant running with the land, or a declaration of
40 restrictions, in a form satisfactory to the city attorney, that shall require annual reporting
41 to the municipality of rent rolls or annual unit sales, which annual reports shall verify
42 compliance with subsection (h), above.
43
44
45
4
1
2 (4) Approval of Capacity Reservation.
3
4 (a) The Planning and Zoning Department shall prepare a staff report for the ' City
5 Commission which shall include a concurrency calculation and findings of fact relating to
6 ` the application and a statement that the proposed projects complies with the definition of
7 Eligible Households and the criteria delineated in Section 20 -4.1 (F) (3).
8
9 (b)_ The applicant shall be scheduled for a public hearing before the City Commission as a
10 resolution.
11
12 (c) The Applicant shall appear at the public hearing before the City Commission and present
13 the application request for the issuance of a Certificate of Capacity Reservation. After
14 the hearing the City Commission shall at its discretion approve, modi or deny the
15 application.
16
17 (5) Enforcement.
18
19 (a) This ordinance may be enforced as provided for by Florida law, including the filing of an
20 action in a court of competent jurisdiction to obtain civil remedies, including a restraining
21 order, injunction and damages. Any enumeration of enforcement mechanisms set forth
22 herein is supplemental and not exclusive.
23
24 (b) In` the event that a court of competent jurisdiction finds that an affordable housing
25 developer has failed to meet the requirements of section 20- 4.1(F), the city's building
26 official is hereby authorized to issue a stop work order on all development' activity or
27 other approvals requiring site plan review.
28
29_ (c) In the event, the affordable housing project developers, owners, and affiliates, fail to
30 comply with the restrictive covenants identified in section 2 -4.1 (F) (3) (h) and (i), the
31 city may seek specific performance under the covenant, require damages satisfactory to
32 replace the revoked Capacity Reservation Certificate or require the party to purchase land
33 to be used for recreation and public park land purposes.
34
35 (6) Transferability of Certificate.
36
37 No - Certificate of Capacity Reservation may be sold, assigned, mortgaged or 'otherwise
38 transferred without the prior approval of the City Commission, at a public hearing and adoption
39 of a resolution authorizing the proposed transaction.
40
41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
42 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
43 validity of the remaining portions of this ordinance.
44
45 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
46 ordinance are repealed.
5
..z ,,..
1
2 Section 4. This ordinance shall take effect immediately upon adoption.
3
4 PASSED AND ADOPTED this day` of ` , 2006.
5
6 ATTEST: APPROVED:
7
8
9' CITY CLERK MAYOR_
10
11 1" Reading
12 2nd Reading
13
14 COMMISSION VOTE:
15 READ AND APPROVED AS TO FORM Mayor Feliu:
16 Vice Mayor Wiscombe:
17 Commissioner Palmer:
18 CITY ATTORNEY Commissioner Birts:
19 Commissioner Beckman:
20
21_
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37 EXomm Items\2006 \4- 4- 06\PB -06 -005 Affordable Housing Ordinance..doc
38
39
40
41
42
43
44
45
46
47
6
I
o� oUTy South Miami
ti All AmMUCity
'' INCORPORATEQ
1927
p
.�+ O R 10
2001 ,
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor Date: March 21, 2006
& Commission Members
ITEM No.
From: Yvonne S. McKinley RE: LDC Amendifient —=
Acting City Manager Affordable Housing Concurrency
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY .COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH NIIAMI
BY ADDING A NEW SECTION; 20- 4.1(F) ENTITLED "AFFORDABLE HOUSING
CONCURRENCY" IN ORDER TO RESERVE THE EXCESS 'RECREATION/PUBLIC PARK
LAND ACREAGE < ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED
EXCLUSIVELY TO MEET CONCURRENCY FOR AFFORDABLE' HOUSING PROJECTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
There is a recognized regional shortage of affordable housing which is contributing to residents
overpaying for housing accommodations. Persons of low, moderate, or workforce income levels are
experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable
housing within the City of South Miami. Some City residents earn incomes only adequate to pay for
affordable housing and as a result of the short supply within the City, they may be forced to live in less
than adequate housing or pay a disproportionate share of their incomes to live in adequate housing within
the City. In addition, the City has determined that escalating land costs and rapidly diminishing amounts
of undeveloped' land available to be used to meet the city's recreational and park land concurrency
requirements renders the future development of affordable dwelling units within the City unfeasible.
RELATIONSHIP BETWEEN HOUSING AND CONCURRENCY
The City's Comprehensive Plan sets forth a standard that the City must maintain a concurrency standard
of 4 acres of recreation and public park land for every ,1000 residents. Concurrent' with additional new
housing development the City added (purchased) additional recreational and public park land acreage. In
2005 the City negotiated the purchase of the former YMCA property which is now called South Miami
Park. The result is that the City has 51.54 acres of recreation and public park land, which is a surplus of
1 of 2
i
4.14 acres above the required level of service. A local government may use this surplus acreage to allow
or encourage expansion of housing units. The government has the authority to charge a developer a
concurrency fee in order to buy required additional acreage or to reserve the acreage for a project.
The above authority formed the basis for the concurrency payment being required of two major mixed
use- housing projects which were approved for development in 2005. These payments helped the City to
fund the purchase of the South Miami Park. The City now has 4.14 acres of recreational and public park
land to allocate to new housing projects.
IMPLEMENTING AN AFFORDABLE HOUSING POLICY`
Discussion at a recent City Commission meeting by the Mayor and Commissioner Sherar encouraged
staff to consider some form of legislation which would allow the City to use its very valuable commodity
of concurrency surplus to further certain housing objectives. Current development costs, combined with
the prices of the - housing market and increased rents for affordable housing makes it difficult to attract
adequate new construction of affordable housing. These circumstances harm the City's ability to attain its
affordable housing goals articulated in its Comprehensive Plan.
It is proposed that as a matter of public policy the City will reserve the available public recreational and
park land'in excess of current demand for concurrency purposes to be utilized exclusively for future
affordable' housing projects. This will ensure that recreational and public park land acreage needed to
support affordable housing projects is available concurrent with the impacts of such developments.
PROPOSED AMENDMENT
The attached ordinance amends Land Development Code Section 20 -4.1, which is entitled "Adequate
Public facilities and services ". This section of the Code provides a list of level of service standards which
must be enforced, as part of the City's concurrency program. The draft ordinance adds a new sub- section,
Sec. 20-4.1(F), "Affordable Housing Concurrency Reserve ".
The proposed legislation establishes .a program which limits the use of the excess recreational and public
park land acreage to meet the concurrency requirements for affordable housing projects. The legislation
sets up eligibility requirements and an application process. The final product is a Certificate' of Capacity
Reservation! being issued to a; prospective developer of affordable housing units. As discussed at first
reading the final decision on approving a capacity certificate is the City Commission. It is important to
note that Section (4)(c) on p.5 of the ordinance has been amended to clarify that the Commission at its
discretion can approve, modify or deny the application.
PLANNING BOARD ACTION
The Planning Board at its January 31, 2006 meeting adopted a motion by vote of 7 ayes 0 nays
recommending approval of the proposed legislation.
RECOMMENDATION
It is recommended that the proposed amendment be adopted.
Attachments.
Proposed ordinance
Excerpt from EAR Document (p. 52) pertaining to r/p concurrency`
Planning Board Minutes 1 -31 -06 Excerpt
Public notices
YSM /DOD /SAY -Y_
EXomm Items\2006\3- 21- 06\PB -06 -005 LDC Amend Affordable Report.doc
2 of 2
DRAFT City of South Miami 2005 Evaluation and Appraisal Report — August 2005 Draft
IIC. PARKS AND RECREATION
1. Issue Description and Analysis'
As a substantially developed urban center, the City of South Miami needs parks and open
space to provide urban relief and an aesthetically pleasing environment. Parks provide
numerous recreational, educational, and environmental benefits, and are an important
component of quality of life. The City is committed to providing recreation and open space
to current and future residents through its Parks and Recreation Department, and
coordination with other public and private agencies, including Miami -Dade County Public
Schools and the Y.M.C.A.
The City's adopted Level of Service standard for recreation and open space is four acres of
parks, including School Board facilities, per 1,000 residents. Based on its 2005 population
of 10,850, the City must therefore provide 43.4 acres recreation, open space in order to meet
its-Level of Service standard. Additionally, recent approvals for residential development
are projected to increase the City's' population by approximately 1,000 residents, which
would increase the recreation and open space acreage that the City must provide to 47.4
acres upon the issuance of building permits. (Please note that pending projects are not
considered in the preparation of the official population projections for the City by the State
of Florida, as they are not considered to be an independent source. They are therefore not
considered in the population projections reported in Chapters I. and IV. of this document.)
Table III.C.I. below identifies the City's public and park/school recreation and open space
by type and acreage. The location of these parks is shown on Figure II.C.1. As can be
� seen the City is providing 51.54 acres of recreation and open space, exceeding its adopted
Level of Service Standard by 8.14 acres, or 4.14 acres is pending projects are considered.
It should be noted that this calculation excludes such quasi - public facilities as the 3.5 acre
Girl Scout House, which also address the recreation and open space needs of City residents.
Table II.C.1.
Recreation ',and Open S' ace Inventory
Type
Name
AcreaLye
Community
Palmer Park/South`Miami Field
9.9
Neighborhood
Dantd Fascell Park
7.5
Neighborhood
Fuchs'' Park
5
Neighborhood
Brewer Park
1.5`
Neighborhood .
Murray Park
3.5
Neighborhood
Marshall Williamson
3.5
Neighborhood
Jean Willis Park
.5
Y.M.C.A.
9.6
Passive
All- America Park ;
1.4
Passive
Van Smith
1.14
Park/School
Ludlum Elementary
2.5
Park/School
SouthiMami 'Elementa
4
Park/School
JRE Lee Community
1.5
Total
51.54
52
m- ..,.s;�- �,- •- .- r;-.s-
50UT�
04r
F
U ..
'• INCORPORATED •
1927
��Oitt9
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent None "
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video ,
Support), and Patricia E. Lauderman'(Planning Board Secretary).
PB -06 -005
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE ;CITY OF
SOUTH MIAMI BY ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE
HOUSING CONCURRENCY" IN ORDER TO RESERVE THE EXCESS
RECREATION/PUBLIC PARK LAND ACREAGE ABOVE THE ADOPTED LEVEL OF
SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY FOR
AFFORDABLE HOUSING PROJECTS; PROVIDING; FOR SEVERABILITY
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN A EFFECTIVE
DATE.
Action: Ms. Lahiff read the item into the record. Mr. O'Donniley explained to the Board
that a discussion at a recent City Commission meeting, Mayor Russell and Commissioner
A
Planning Board Meeting
January 31, 2006
Page 2 of 3
Sherar encouraged staff to consider some form of legislation that would allow the City to
use its very valuable commodity of concurrency surplus to further certain housing
objectives. Current development costs, combined with the prices of the housing market
and increased rents for affordable housing makes it difficult to attract adequate new
construction of affordable housing. These circumstances harm the City's ability to attain
its affordable housing goals articulated in its Comprehensive Plan.
Additionally, Mr. O'Donniley indicated that it is proposed that as a matter of public policy
the City will reserve the available public recreational and park land in excess of current
demand for concurrency purposes to be utilized exclusively for future affordable housing
projects. This will ensure that recreational and public park land acreage needed to support
affordable housing projects is available concurrent with the impacts of such developments.
Mr. O'Donniley also stated that the City's Comprehensive Plan sets forth a standard that
the City must maintain a concurrency standard of 4 acres of recreation and public park land
for every; 1000 residents. In 2005 the City negotiated the purchase of the former YMCA
property which is now called South Miami Park. The result is that the City has 5 1. 54 acres
of recreation and public park land, which is a surplus of 4.14 acres above the required level
of service. A local government may use this surplus acreage to allow or encourage
expansion of housing units.` The government has the authority to charge a developer a
concurrency fee in order to buy required additional acreage or to reserve the acreage for a
project.
The Board began discussion on the proposed amendment found in Land Development
Code Section 20 -4.1, which is entitled "Adequate Public facilities and services ". This
section of the Code provides a list of level of service standards which must be enforced as
part of the City's concurrency program. The draft ordinance adds a new sub - section, Sec.
20- 4.1(F) "Affordable Housing Concurrency Reserve ".
Furthermore, the Board addressed the proposed legislation that establishes a program
which limits the use of the excess recreational and public park land acreage to meet the
concurrency requirements for affordable housing projects. The legislation sets up
eligibility' requirements and an application process. The final product is a Certificate of
Capacity Reservation being issued to a prospective developer of affordable housing units.
Recommendation
Staff recommended that the proposed amendment be approved.
Chairman Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman Opposed
Mr. Beckman indicated that the city's park land requirement needs to be addressed in order
to meet concurrency for current population. He advised the Board to review carefully the
ordinance so that adequate park land concurrency is maintained in the future.
Yvonne Beckman Supported
Planning Board Meeting
January 31, 2006
Page 3 of 3
Ms Beckman agreed with the ordinance because she believed affordable housing is a
necessity in the City.
Chair Morton closed the hearing.
Motion: Ms. Yates motioned to approve PB -06 -005. Mr. Comendeiro seconded the
motion.
Vote: Ayes 7 Nays 0
i
i
i
I
I
1
I
i
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, ;a daily (except Saturday, Sunday
and Legal Holidays)'; newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/4/2006
in the XXXX Court,
was published in said newspaper in the issues of '
03/24/2006
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami - Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal; Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, fora
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, co ission or refund for the purpose
of securin is adv ` sem t for publication in the said
newspa r.
Sworn to and subscribed before me this
24 day of MARCH A.D. 2006
(SEAL)
O.V. FERBEYRE personally known to me
Cheryl, H Manner
• My
Commission D0338559
Expires July 18, 2008
Sour South Miami
; bAmedcaClb
CITY OF SOUTH MIAMI
INC RP 192 �� OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor:Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: Don O'Donniley, Planning Director 71
Date: April 4, 2006
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW THE
EXPANSION OF THE SUSHI MAKI RESTAURANT INTO AN ADJACENT STORE
LOCATED' AT 5810 SUNSET DRIVE IN THE ` "SR (HD -OV)" SPECIALTY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT; PROVIDING FOR : AN
EFFECTIVE DATE.
Request: " Applicant: Abe Ng and ; Sushi Maki Restaurant Location: 5810 Sunset Dr
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is
requesting a Special Use Approval to expand an existing general restaurant Sushi -Maki
located at 5812 Sunset Drive. The expansion of the restaurant will be into an adjacent
store located at 5810 Sunset Drive which was previously occupied by a retail use. The
applicant has advised staff that they will execute an agreement to satisfy their seven
parking space deficit by payment into the Parking Infrastructure Trust Fund.. The Planning
Board at its March 14, 2006' meeting adopted a motion by a vote of '6 ayes 0 nays
recommending approval with conditions of the application:
Approval of the application with three conditions as shown' in the attached Resolution is
recommended
a
Backup Documentation:
Draft Resolution
Planning Department staff report (3- 14 -06)
Application
Location Map
Letter of Intent/ Justification
LDC Sec. 20 -7.6
City Commission Resolution No. 32 -96 -9785
Excerpt Planning Board Minutes 3 -14 -06
Public Notices
Survey'
Floor Plans
DOD /SAY% -_
\ \MCGRUFF\ PLANNING \Comm Items\ 2006 \4 -4 -06 \Sushi -Maki special use 5810 Sunset Dr.doc
1
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
6 SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT 'CODE FOR
7 SPECIAL USE APPROVAL TO ALLOW THE EXPANSION OF THE SUSHI
8 MAKI RESTAURANT INTO AN ADJACENT STORE LOCATED AT 5810
9 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
10 DISTRICT OVERLAY ZONING DISTRICT; PROVIDING FOR AN
11 EFFECTIVE DATE
12
13 WHEREAS, applicant, Abe Ng, has filed Application No. PB -06 -010 requesting Special Use
14 Approval to expand an existing general restaurant Sushi -Maki into an adjacent store located at 5810
15 Sunset Drive in the "SR(HD)" Specialty Retail Hometown' District Overlay zoning district; and
16
17 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" Specialty Retail
18 Hometown District Overlay zoning district subject to meeting general conditions specified in LDC
19 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b) and
20
21 WHEREAS, the approval of 'a special use requires a recommendation from the Planning Board
22 and the approval of the City Commission after a public hearing; and
23
24 WHEREAS, on March 14, 2006 the Planning Board, after public hearing, voted 6 ayes 0 nays to
25 recommend approval with conditions of the special use request; and
26
27 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
28 recommendation of the Planning Board.
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
32 OF THE CITY OF SOUTH MIAMI, FLORIDA:'
33
34
35 Section 1 That an application for special use approval to expand the existing general restaurant Sushi-
36 Maki into an adjacent store specifically located at '5810 Sunset Drive in the "SR(HD)" Specialty Retail
37 Hometown District Overlay zoning district, is hereby approved subject to the following conditions
38
39 (1), The applicant must satisfy the required parking spaces for the restaurant expansion by payment into
40. the City's Parking Infrastructure Trust Fund which is authorized by LDC Section 20 -7.6 (C) and is
41 governed by Resolution No. 32 -96 -9785 adopted by the City Commission on February 6, 1996. The
42 applicant shall provide a written statement to the City agreeing that the expansion and operation of
43 the restaurant at 5810 Sunset Drive will not begin until the appropriate payments are made to the
44 Parking Infrastructure Trust Fund.
45
46 (2) The applicant must comply with the previously approved outdoor seating plan before moving forward
47 to the City Commission.
48
49 (3) If the subject general restaurant is, in the future, determined by the Director of Planning, to be
50
aZ' r - ..a- .".`.;,...."9.x �rm,1f xrr--
1 (2)
2
3 adversely affecting the health or safety of persons residing or working in the vicinity of the proposed
4 use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be
5 not in compliance with other applicable Code provisions, the special use approval may be modified or
6 revoked by the City Commission upon notification and public hearing.
7
8
9 Section 2: This resolution shall be effective immediately after the adoption hereof.
10
11' _
12_
13
14 PASSED AND ADOPTED this day of 2006
15
16
17
18' ATTEST: APPROVED:
19'
20
21 CITY CLERK MAYOR
22
23 Commission Vote:
24 READ AND APPROVED AS TO FORM: Mayor Feliu:
25 Vice Mayor Wiscombe:
26 Commissioner Palmer;
27 Commissioner Birts:
28 Commissioner Beckman:
29 CITY ATTORNEY
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49 EAComm Items\2006\4- 4- 06\PB -06 -010 Sushi Maki Resolution.doc
50
51
o� SO U T South Miami
Y•
H A114merisa City
•
INCORPORATED
1927
Ihr O RV9
2001 `
To: Honorable Chair & Date: March 14, 2005
Planning Board Members
From: Don O'Donniley Re :Special Use Approval
Director of Planning 5810 Sunset Drive
Restaurant in SR(HD -OV)
APPLICANT'S REOUEST:
Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a
Special Use Approval to expand an existing general restaurant Sushi -Maki located at 5812 Sunset Drive.
The expansion of the restaurant will be into an adjacent store located at 5810 Sunset Drive which was
previously occupied by a "retail use. The proposed use is located in the "SR(HD) ", Specialty Retail
Hometown Overlay Zoning District which permits general restaurants through the Special Use Approval.
Process. A 'general restaurant is 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 shall provide a sit-down area
for the customers.
STAFF ANALYSIS:
(1) The applicant is requesting a special use permit to expand the existing' general restaurant Sushi -Maki
located at 5812 Sunset Drive on the on the ground floor of an existing retail and office building
located in the 5800 block of Sunset Drive. The expansion at 5810 Sunset Drive will occupy 900 sq.ft.
(2) Located on site behind the building are two existing parking spaces for the current restaurant (5812
Sunset Dr.) and two existing parking spaces for the proposed expansion area (5810' Sunset Dr.) The
change in use for the store area that will become part of the restaurant requires the applicant to
provide the full required parking spaces for the new use. Based upon parking requirements set forth
in the LDC for , restaurants (one space for each 100 sq. ft.) a total of nine spaces must be provided.
The existing two spaces will reduce the requirement to seven spaces.
(3) The applicant can only provide the seven required spaces by leasing them off site (LDC Section 20-
4.4 (F)(2) or by payment into the City's Parking Infrastructure Trust Fund which is authorized by
LDC Section 20 -7.6 (C). The implementation of the parking fee in lieu providing spaces is governed
by Resolution No. 32 -96 -9785 adopted by the City Commission on February 6, 1996. The
regulations contained in Exhibit "A_' attached to the resolution. permits a one time payment of $10,
000 (or payments of $1,000 per year ) for each space which is not provided. The applicant has
advised staff that they will execute an agreement to satisfy their seven parking space deficit by
payment into the Parking Infrastructure Trust Fund.
5810 Sunset Dr. Special use approval
March 14, 2006
Page 2 of t
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The 'overall purpose is to determine the
compatibility of the proposed use with the surrounding neighborhood. A special use must comply with
the conditions set forth in Section 20- 5.8(B) in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood ; and,
(c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which are set
forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following requirements are listed:
(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. A separate application for outdoor seating would be required: ,
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review a: nd recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
RECONIlfNDATION
The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4
and the conditional' use requirements set forth in Section 20 -5.8. Approval of the application with the
following conditions is recommended:
(1) The applicant shall provide' a written statement to the City agreeing that the expansion and
operation of the restaurant at 5810 Sunset Drive will not begin until the appropriate payments are
made to the Parking Infrastructure Trust Fund.
(2) If the subject general restaurant is, in the future, determined by the Director of Planning, to
be adversely affecting the health or safety of persons residing or working in the vicinity of the
proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special use
approval may be modified or revoked by the City Commission upon notification and public
hearing.
Attachments:
Application
Location Map'
Letter of Intent / Justification
LDC Sec. 20 -7.6
City Commission Resolution No. 32 -96 -9785
Survey/Floor Plan
Copies of Public notices
DOD /SAY
E:\PBTB iAg das Staf Reports\2006 Agendas StaffReports\3- 14- 06\PB -06 -010 Restaurant- 5810 Sunset Report .doc
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 666-4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: Lot(s)
Block Subdivision
PB
Meets "& Bounds:
Applicant: Phone: 13ei-)
A6e,
q?-5- 37?q
oe
Representative: Organizatio n:
IWTT
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AeAWA AVC 11590 A wa 14
one,
Address:
C' (01MA
Property Owner: Signature,
Pf'P'&- be 5
Mailing Address: a/ Phone,
Architect/Engineer: Phone:
7 —ct 6
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJ: ECT:
ZTenant/Lessee
Owner : Owners Representative Contract to purchase Option
to purchase
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PL8 ASE CHECK ALL THAT APPLY:
Text Amendment to LDC —Variance
Zoning Map Amendment special Use
Vjustifications Letter of intent
for change
PUD Approval Special Exception
Statement of hardship
PUD Major Change —Other
ZProof of ownership or letter from owner
:
Power of attorney
Briefly explain application and cite specific Code sections:
Contract to purchase
,(Current survey (I origin' sealed -50
signed/1 reduced copy 0<:� 1) 10
x 17
15 copies of Site Plan and Floor Plans
11 reduced copy @ 11" x 17"
20% Property owner signature,
Mailing labels (3 sets) and ma stl6dri
Section: Subsection: Page #: Amended Date:
Required Fee: (s)
The undersigned ha
correct to the best of
Upon receipt,
applicable reg
OFFICE USI
Date Filed
Petition Reqi
ead this completed application and represents that the information and all submitted materials are true and
"e a an
P plicant's knowledge d belief.
and ti le Date
oni and all submitted materials will be reviewed for compliance with the Land Development Code and other
an
Applications found not in compliance will be rejected d returned to the applicant.
Date of PB Hearing Date of Commission
Petition Accepted
8/2/00
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A r c h i t e c _t _u r e P I a n n i n 9 I ra t e r i o r s
,
H E R 5 H
V I A L I N I
C O R A Z Z I N l
February 27. 2006
South Miami Planning Board
South Miami. Fl-
Re: Request For Special Use
5810 Sunset Drive
Applicant's Letter of Intent
Tfhe undersigned is respectfully requesting the Planning Board a Special Use
allo wing a Restaurant Use in an existing Retail Use.
The following are reasons we feel warrant the orantin�g. of this Special Oise:
• . The Restaurant Use is :consistent in establishing Sunset Drive as the Main .
Street of the City of South Miami as envisioned in the Hometown Plan.
• Fhe exi:stino Sushi -Maki restaurant located at -812 Sunset Drive will be
expanding into the adjacent 900 square feet retail space at 5810 Sunset Drive.
• There is no ne0 ative impact on adjoining properties either practical or
esthetical.
Res ectfully Submitted.
t
Vitalini
300 Aragon Ave., Suite 330 Coral Gables, Ft 33134 Phone [305] 567 0602 fax (3051 446 3197
www,hvcmia ni .coin • studio@Dhvc'miami,corn Florida Registration AA -C21 94
- .-tr,, •.,...,;:.., ., .: h.-., , r ,. rc ^.: ^: �. a'i.�;'"""', uz".F ,.T'`,v -�.i w ,
ZONING REGULATIONS 20 -7.6
Story: The horizontal division of a building between the surface of a floor and the surface of
the next floor above, or the next ceiling if there is no floor above. For the purposes of these
regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum,
e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two- storybuilding.
(Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, § §' 8, 9, 7- 30 -96)
20 -76 Parking.
(A) Hometown District Parking Committee. Parking in the Hometown District must be
developed and managed primarily as an element of infrastructure critical to enhancing South
Miami's tax base through economic success of the district. Six (6) private citizens and the
Mayor shall serve as the Hometown District Parking Committee charged with oversight of the
supply, convenience, safety, and management of parking. The six (6) private citizens shall be
appointed to two (2) year terms by the mayor with the advice` and consent of the city
commission and shall include two (2) landowners and two (2) tenants from the district and two
(2) residents of South Miami. The director of building, zoning and community development
shall serve as the executive secretary to this committee. The committee shall report to the city'
commission no less than annually on the state of parking in the Hometown District and shall
from time to time make recommendations to the city commission for changes in the parking',
system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of
trust fund monies.
The mayor shall appoint the chairman of the committee. A quorum shall be four (4)
members and an affirmative vote of a majority of the members present shall be ,required to
pass upon any matter the committee recommends.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements for that
lot; a partial space' longer than eleven (11) feet shall count as a full space.
(2) Where arcades are `,optional, buildings with arcades shall receive an additional five (5)
percent reduction in the required number, of spaces.
(3) In addition to the above, one of the following may apply:
(a) Two -story buildings (shall receive', a fifteen (15) percent reduction in the required
number of spaces.
(b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use
categories provided herein under "Permitted Uses," each use constituting no less
than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent
reduction in the required number of spaces.
(c) Buildings of three (3) or more stories with uses from each of the three use
categories provided herein, each use constituting no less than twenty -five (25)
percent gross floor area, shall receive a forty -five (45) percent reduction in the
required number of spaces. ;
Supp. No. 10, Revision 149
20 -7.6 SOUTH MIAMI LAND DEVELOPMENT CODE
(4) For new buildings greater than twenty-five thousand (25,000) square feet, changes of
use and additions greater than ten thousand (10,000) square feet, the allowable
parking adjustments identified in subparagraphs (2) and (3), above, shall require the
affirmative vote of four (4) members of the City; Commission and follow ,those
procedures established for special use permits as set forth in Section 20- 5.8(B) through
(F), and shall follow those procedures for public hearings set forth in Section 20 -5.1
through 20 -5.6.
(5) For new buildings not exceeding twenty -five thousand (25,000) square feet, changes of
use and additions not exceeding ten thousand (10,000) square feet, the allowable
parking adjustments identified in subparagraphs (2) and (3), above, shall continue to
be as provided.
(6) For replacement of an existing building, completely damaged due to natural or man
made disaster, the allowable parking adjustments identified -in subparagraphs (2) and
(3), above, shall continue to be as provided.
Note —Ord. No. 24 -05 -1846, § 1, adopted- July 26, 2005, modified the provisions of
subsections (B)(2) and (3) above by providing that the special restrictions set forth in
subsections (B)(4), (5) and (6) to be applicable for a period of nine months.
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12 for
each permitted use. The appropriate reduction in parking spaces shall then be
calculated as provided in Section 20 -7.6B above. If the reduction calculated includes a
fraction less than a whole number, the reduction calculated shall be rounded up and
subtracted from the required (unadjusted) number of spaces to determine the adjusted
parking requirement.
(2) The difference between the number of spaces provided, including on street parking,
and the number of spaces required shall then be determined. If there are fewer spaces
provided than required, the applicant must pay into the Parking Infrastructure Trust
Fund a fee, as determined from time to time by the parking committee, reflecting the
actual' land and construction costs for parking, for each space required but not
provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a
trust account separate from general funds and may be used only for improvements to
the city parking infrastructure to increase parking capacity or to enhance use of
existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a're- calculation in the required parking
pursuant to (B) above. If the new combination of uses requires additional parking
spaces,' a fee, as determined: from time to time by the parking committee, must be paid
into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds
will be paid.
(Ord. No. 19- 93- 1545,§ 1, 10- 19 -93; Ord. No. 8-96-1608,,§ 1, 5- 21 -96; Ord. No. 7 -99- 1681,§ 1,
4 -13 -99 Ord. No. 8- 99- 1682, § 1, 5 -4 -99; Ord. No. 24 -05- 1846, "§ 1, 7- 26 -05)
Supp. No. 10, Revision 150
t
32 -96 -9785
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF ,
SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING INFRASTRUCTURE'
TRUST FUND' AND ESTABLISHING A PARKING FEE POLICY; AND,
PROVIDING FOR AN EFFECTIVE' DATE.
WHEREAS, on October 19, 1993, the City Commission of the City of
South Miami adopted Ordinance No. 19 -93- 1545, titled as the "Hometown
District Overlay ' Ordinance (HD)," which established a Parking
Infrastructure Trust Fund; and,
WHEREAS, certain fees are required to be paid to the Parking
Infrastructure Trust Fund under the provisions of the HD; and,
WHEREAS on December 19, 1995, the City Commission of the City of
South Miami adopted Resolution No. 204 -95 -9753, which designated the
City Manager as the interim' representative of the Parking Committee with
all the duties and responsibilities of the Parking Committee, until such
time as the Parking Committee was established and appointed by the City
Commission; and,
WHEREAS, the City Manager developed a parking fee policy for the
implementation of the provisions set forth in the HD; and,
WHEREAS, the City Commission desires to adopt this parking fee
policy developed by the City Manager:
NOW THEREFORE BE 'IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The parking fee policy developed by City - Manager,
attached hereto and entitled "Exhibit A" is adopted.
Section 2. This resolution shall 'take eff t immediately upon
approval.
PASSED AND ADOPTED this 6th day of Februa , 96.
ATTEST: APPROV
44-
CITY CLERK MAYOR
READ AND 'APPROVED AS TO FORM: 1V- ;t'0.? CARVER Y � AY
V y WIWO i YfiiUN YEA A1. -7- -
� tl�8¢i r� O i+ CA �t —
L+.+f' .M.S�3fl.�NTER BASS . YL3'1.� NARY. —.� \-Pkg Com Res
CITY ATTORNEY
G.,;� ?�;SSriJgeF R COOPER YES �_ NAY MN
SS� €R Ct� iNiNGHAM YES NAY
CITY OF SOUTH :I IANII
LNTER- OFFICE MEMOR -iNDUM
To: Mavor and City Commission Date: January 30. 1996
-mac_ c - - Agenda Item # 2
From: Eddie Cox Re: Comm. Mtg. ;02 /06/96
City Wanager Parking Permit Fees
REOUEST:
A RESOLUTION OF THE MAYOR AND CITY- COMMISSION OF THE CITY OF SOUTH MIAMI.
FLORIDA, RELATING TO THE PARKING INFRASTRUCTURE TRUST FUND AND ESTABLISHING A
PARKING FEE POLICY, AND, PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
The City has been approached by applicants who desire to develop: and redevelop properties in
the Hometown District. Per the regulations of the Hometown District Overlay Ordinance,
applicants are required to pay fees into a Parking Infrastructure Trust Fund. The proposed
resolution adopts the parking fee policy developed by the City Manager, in order to implement
the provisions of the Hometown District.
This parking fee policy establishes a one -time payment of $10,000 per space required but not
provided and allows an option of a $1.000 annual fee for changes of use in existing buildings.
RECUV VMNT DTAION: _:-approval.
"EXHIBIT A"
PARKING FEE POLICY
including revisions adopted by the City Commission
on 02106196
Primary Assumption
Existing buildings and current uses already located in the Hometown District are assumed to
provide the required number of parking spaces, regardless of the number of actual spaces.
Parking Fee
The parking fee is $10,000 per space required and not provided.
Annual Premium
The annual premium in lieu of full payment is $1,000 per space required and not provided.
New Construction under Section 20 -7.6 (C)(2)
For each parking space required but not provided, the parking fee shall be satisfied by a one -time
payment in full prior to the issuance of the first building permit. New construction includes
additions and alterations which increase gross floor area or F.A.R. of existing buildings or uses.
New Construction under Section 20 -7.6 (C)(2) - minimum for provided spaces
Substitution of an impact fee shall not result in the construction of a new development or the
expansion, alteration, rehabilitation or change of use to an existing development, including the
use of both buildings and land, where no parking spaces are provided for residential uses.
Residential uses, not including hotel or motel uses, must provide a minimum of 1' parking space
per dwelling unit, excluding "contributive buildings Parking may be satisfied by metered
spaces under the provisions of Section 20 -7.6 (B)(1) and/or by spaces provided on -site.
Change of Use under Section 20 -7.6 (C)(4) - full payment of parking fee option
Owners of buildings or land where proposed changes of use will generate a greater demand for
required parking may provide the additional required parking spaces by the one -time payment in
.full of the parking fee for spaces required but not provided at the time of the issuance of the
Certificate of Use and Occupancy in lieu of providing actual parking spaces.
Change of Use under Section 20 -7.6, (C)(4) - annual payment of parking fee option
Tenants of buildings or land who propose changes of use which will generate a greater demand
for required parking may provide the additional required parking spaces by payment of a yearly
premium instead of full payment of the parking fee for spaces required but not provided. Initial
payments shall be made at the time of the issuance of the Certificate of Use and Occupancy and
must include the written consent of the property owners. Annual premiums shall be paid at the
time of the renewal of occupational licenses for the use. For tenants, businesses, buildings or
lands which are exempt from payment of occupational licenses, the annual premium 'shall be
administered in the manner prescribed' for occupational licenses.
Change of Use under Section 20 -7.6 (C)(4) calculation for single occupant change of use
The number of newly required parking spaces shall be the difference obtained from subtracting
(a) the number of required parking spaces under current requirements for the gross floor area of
the existing uses to be replaced from (b) the number of required parking spaces under current
requirements for the gross floor area of the new use. These; calculations apply to single occupant
changes of use only; and, these calculations may not be used in conjunction with Section 20 -4.4
specifically off -site parking, joint use spaces, MetroRail usage considerations, and valet parking.
Fee Collection- single occupant change of use
The first annual premium shall be paid prior to issuance of the Certificate of Use & Occupancy
[CU]; and, the second and all subsequent premiums shall be paid at the time of occupational
license renewal. The fist annual premium may be pro -rated based on the following formula,
where X represents the numerical designation of the month in the Fiscal Year that the CU was
originally issued (e.g., Oct. = 1, Nov. = 2, Dec. = 3): V Premium = $1,000 - [ $83 X] .
Fee Collection - late payments
Monthly interest shall accrue' on unpaid funds due to the City in the form of parking fees and/or
annual premiums at the maximum rate permitted by law, or at 1.5% per month [18% annually].
Additionally, a fee of 2% of the total due shall be imposed monthly to cover the City's costs in
administering collection procedures. The parking fee and annual premium shall not be subject to
the 25% late fee established for occupational licenses; and, ,parking fees and annual premiums
shall not be subject to the $250 fine related to delinquency in excess of 150 days established for
occupational 1 licenses.
Fee Collection'- failure to pay
Failure to pay the annual premium within thirty days of the date on which it is be due constitutes
grounds for revocation of occupational licenses issued in conjunction with annual premiums. In
addition, failure to pay shall be regarded as withdrawal from the parking fee program. Owners
and/or tenants shall be required to provide all parking spaces required by current regulations or
cease the use for which the spaces were required. Failure to comply shall subject the participants
to enforcement procedures by the City and may result in fines of up to $250 per day and liens as.
provided by law and revocation of the Certificate of Occupancy, the Certificate of Completion,
,and/or the Certificate of Use and Occupancy whichever is appropriate.
Fee Collection - one -time redemption payment
Tenants of buildings or land who propose changes of use which will generate a greater demand
for required parking may at any time pay the full -one -time payment for parking required but nor
provided as determined by the calculation for single occupant change of use. One -time payment
shall beat current rates and may not include any discount for premium payments already made.
Revocation - due to misrepresentation or misconduct
The City Manager may revoke approval of annual premium payments and occupational licenses
issued in conjunction thereto, upon a determination that any misrepresentation has been made or
any misconduct is occurring as a result of payment of annual premiums.
,.,
7 ;4�{„",sri ,r�+r-R,,�. �xa� .. „�,.-s.,.;:" ".`ws rte` .+—F- ;cc; °^t'
Joint Ventures - use of funds collected
The required number of parking spaces under the parking fee program may be provided in a
facility developed through a joint venture agreement with the City and a private or public entity.
Parking spaces for specific uses shall not be reserved in the parking facility but provided to the
public on a first -come, first- served basis; and may include metered parking and valet parking.
SOUTH
o
• INCORPORATE�..�
1927
P'
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 14, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff,
Mr. Comendeiro, Mr. Beilman, Mr. Davis and Mr. Farfan.
Board members absent: Ms. Yates.
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP '(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
IV. Planning Board Applications / Public Hearings
PB -06 -004
Applicant: Abe Ng and Sushi Maki Restaurant
Location: 5810 Sunset Drive
A RESOLUTION OF THE MAYOR AND CITY; COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b)
OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW
THE EXPANSION OF THE SUSHI MAKI RESTAURANT INTO AN ADJACENT
STORE LOCATED AT 5810 SUNSET DRIVE IN THE "SR (HD -OV)" ,SPECIALTY
RETAIL HOMETWON DISTRICT OVERLAY ZONING DISTRICT; PROVIDING FOR
AN EFFECTIVE DATE.
At this time, Mr. Morton _swore in the speakers.
Action: Mr. Morton read the item into the record. Mr. O'Donniley explained that the
applicant is requesting a special use approval to expand an existing general restaurant
., a
Planning Board Meeting
March „14, 2006
Page 2 of 3
Sushi -Maki located at 5812 Sunset Drive. Mr. O'Donniley noted that the expansion of the
restaurant will be into an adjacent store located at 5810 Sunset Drive which was previously
occupied by a retail - use. The proposed use is located in the "SR(HD) ", Specialty Retail
Hometown Overlay Zoning District which permits general restaurants through the Special
Use Approval process. He also stated that a general restaurant is 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 shall provide a sit -down area for the customers.
Mr. O'Donniley provided the following' staff analysis:
1. The applicant is requesting a special use permit to expand the existing general
restaurant Sushi -Maki located at 5812 Sunset Drive on the on the ground floor of
an existing retail and office building located in the 5800 block of Sunset Drive.
The expansion at 5810 Sunset Drive will occupy 900 sq.ft.
2. Located on site behind the building are two existing parking spaces for the current
restaurant (5812 Sunset Dr.) and two existing parking spaces for the proposed'
expansion area (5810 Sunset Dr.) The change in use for the store area that will
become part of the restaurant requires the applicant to provide the full required
parking spaces for the new use. > Based upon parking requirements set forth in the
LDC for restaurants (one space for each 100 sq. ft.) a total of nine spaces must be
provided. The existing two spaces will reduce the requirement to seven spaces.
3. The applicant can only provide the seven required spaces by leasing them off site
(LDC Section 20 -4.4 (17)(2) or by payment into the City's Parking Infrastructure
Trust Fund which is authorized by LDC Section 20 -7.6 (C). The implementation of
the parking fee in lieu providing spaces is governed by Resolution No. 32 -96 -9785
adopted by the City Commission on February 6, 1996. The regulations contained
in Exhibit "A" attached to the resolution permits a one time payment of $'10,000
(or payments of $1,000 per year ) for each space which is not provided. The
applicant has advised staff that they will execute an agreement to satisfy their seven
parking space deficit by payment into the Parking Infrastructure Trust Fund.
4. After review of the site plan, staff found that additional area was being used for
outdoor seating and that applicant had been approved for three tables for outdoor
seating /dining area however more tables had been added.
Recommendation
Staff recommended that this application be approved with the following conditions:
1. The applicant must satisfy the required parking spaces for the restaurant expansion
by payment into the City's Parking Infrastructure Trust Fund which is authorized
by LDC Section 20 -7.6 (C) and is governed by Resolution No. 32 -96 -9785 adopted'
by the City Commission on February 6, 1996. The applicant shall provide a written
statement to the City agreeing that the expansion and operation of the restaurant at
5810 Sunset Drive will not begin until the appropriate payments are made to the
Parking Infrastructure Trust Fund.
Planning Board Meeting
March 14, 2006
Page 3 of 3
2. The applicant must comply with the previously approved outdoor seating plan before
moving forward to the -City Commission.
3. If the subject general restaurant is, in the future, determined by the Director of Planning
to be adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Chair Morton opened the public hearing.
Applicant: Mr. Vitalini (representative' for applicant Sushi Maki)
Mr. Vitalini indicated the restaurant use is consistent in establishing Sunset Drive as the
Main Street of the City of South Miami as envisioned in the Hometown Plan. Furthermore,
Mr. Vitalini addressed staff's conditions. Mr. Vitalini stated that his client will comply
with the first two conditions. Additionally the third condition which relates to outdoor'
seating will be re- worked accordingly.
The Board and staff discussed the request. Mr. Comendeiro stated he supported outdoor
seating however, when seating is placed on the public right -of -way, pedestrians may feel
like they are invading the people that are dining, but in reality the seats should not be
placed in the public right-of-way. Mr. Comendeiro urged the applicant to do something so
that does not happen.
Chair Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
John Edward Smith Neutral
Mr. Smith stated he had two comments. The first comment was that the restaurant has to
adhere to the regulations for outdoor seating. His second, comment referred to the outdoor
!,
seating fee which he realizes the applicant has been grandfathered in with the fee of $250,
but he feels that the fee is too low.
Chair Morton closed the public hearing.
Motion: Mr. Commendeiro motioned to approve with staff's three conditions. Ms. Lahiff
seconded the motion.
Vote: Ayes 6 Nays 0
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SUPERVISOR, Legal Notices of the Miami Daily Business
II
Review f /k/a Miami Review, a daily (except Saturday,; Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
i
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4 /4/2006
in the XXXX Court,
was published in said newspaper in the issues of '
03/24/2006
Affiant further says that the said Miami Daily Business
Review is 'a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -.Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
_ she has neither paid nor promised any person, firm or corporation
any discount, rebate, co fission or refund for the purpose
of securin Is adv sem` t for publication in the said
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/D
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, ` RELATING TO BOARDS AND COMMITTEES;
5 CREATING A CITY MANAGER ADVISORY COMMITTEE TO ESTABLISH
6 SELECTION CRITERIA, PREPARE A REQUEST FOR QUALIFICATIONS,
7 ADVERTISE THE RFQ ACCEPT RESUMES,' INTERVIEW CANDIDATES AND
8 MAKE: RECOMMENDATIONS TO THE CITY COMMISSION FOR THE
9 SELECTION OF A MANAGER; APPOINTING COMMITTEE MEMBERS;
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, pursuant to Article 11 section 8 o the charter, the Mayor with the advice and consent
13 of the City Commission is empowered to establish such boards and committees as it deems advisable;
14 and,
15
16 WHEREAS, the Commission desires to appoint a City Manager Advisory Committee, consisting
17 of five members, to work with the Acting City Manager and staff to solicit candidates, to evaluate them
18 and to make recommendations to the City Commission for the hiring of a CityManager.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
21 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
22
23 Section 1. The City Commission hereby creates the City Manager Advisory Committee. The
24 committee shall consist of five members. The committee shall work with the Acting City Manager and
25 staff to establish selection criteria, prepare a request for qualifications, advertise the RFQ, accept resumes,
26 interview candidates and make recommendations to the City Commission for the selection of a manager.
27
28 Section 2. The Commission appoints the following to serve on the committee:
29
30 1.
3`1
32 2:
33
34 3.
35
36 4.
37
38 5.
39
40 Section 3. The committee members shall serve until a recommendation is accepted by the
41 Commission and a City Manager is selected and accepts the terms and conditions of the appointment.
42 The committee members shall serve without compensation; provided, however, the City will reimburse
43 expenses incurred.
44
45 Section 4. The Acting City Manager, staff and the committee shall jointly prepare selection
46 criteria and a request for qualifications within 10 days of the date of this resolution. The selection criteria
47 and RFQ shall be presented to the City Commission at its next meeting following the 10 -day period. The
48 RFQ shall be advertised for a period of not less than four weeks in one or more newspapers of general
I circulation in the State of Florida and in such other publications as it deems appropriate. The committee
2 shall review resumes, interview potential candidates, and, if available, make at least three
3 recommendations to the City Commission at a meeting scheduled on June 6, 2006.
4
5 Section 5. Meetings of the City Manager Advisory Committee shall be subject to the Florida
6 Sunshine laws, including the public meeting law > and the public records law. ` All meetings of the
7 committee shall be advertised and open to the public:
8
9 Section 6. This resolution shall take effect immediately upon approval
10
11 PASSED AND ADOPTED this day of , 2006.
12
13 ATTEST: APPROVED:
14
15
16 CITY CLERK MAYOR
17
18
19 READ AND APPROVED AS TO FORM:. COMMISSION VOTE:
20 Mayor Feliu:
21 Vice Mayor,Wiscombe:
22 Commissioner Palmer:
23 CITY ATTORNEY Commissioner Birts:
24 Commissioner Beckman:
25