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10-17-00................ MAYOR: Julio Rob na CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: October 17, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: November 7, 2000 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) *scheduled from 7:00 p.m. Various State and Local Candidates ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Special Commission Meeting - September 14, 2000 REGULAR CITY COMMISSION 1 AGENDA - October 17, 2000 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ADRIAN ELLIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING OCTOBER 17, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. 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 $13,755.55, CHARGING $417.64 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; CHARGING $480.00 TO ACCOUNT NO. 1500 - 514 -3435, REAL, PROPERTY /FORECLOSURE; CHARGING $10,058.64 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $2,799.27 TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A STORMWATER QUALITY MONITORING, CONCERNING INTER -LOCAL AGREEMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY FOR COST- SHARING OF LABORATORY ANALYTICAL EXPENSES PURSUANT TO FEDERAL TESTING REQUIREMENTS. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH MIAMI -DADE COUNTY FOR THE LOCATION OF A SOUTH MIAMI POLICE SUBSTATION IN A UNIT OF THE SOUTH MIAMI PLAZA HUD COMPLEX, LOCATED AT 6726 SW 597H PLACE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AGREEMENTS. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL AND COMMUNITY GRANTS PROGRAM; AWARDING A GRANT OF UP TO $10,000.00 TO THE HISPANIC HERITAGE COUNCIL, INC.; CHARGING THE AWARD TO ACCOUNT #01- 2100 - 519 - 99.10, ENTITLED "CONTRIBUTION- SPECIAL EVENTS "; AND PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 2 AGENDA - October 17, 2000 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ATLANTIC TRUCK CENTER FOR THE USE OF A TRASH DUMP TRUCK TO BE PAID IN FIVE ANNUAL INSTALLMENTS OF $13,381.69 FROM ACCOUNT NO. 1760- 519 -4455, "LEASE PURCHASE TRUCKS." 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,175.00 TO ABSOLUTE DEMOLITION, INC. RELATING TO THE DEMOLITION OF AN UNSAFE STRUCTURE AND HAULING AWAY OF ALL DEBRIS AT 5709 SW 62ND AVENUE IN THE CITY ' OF SOUTH MIAMI AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 001- 0000 - 341 -9040 "CODE ENFORCEMENT FINES." 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MBCC NATIONAL TRUCK OFFICE, FOR LEASING A TRUCK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 2050 - 519 -4455, "LEASE PURCHASE TRUCKS." FOR AN AMOUNT OF $6,480.00. 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN DENTAL PLAN TO PROVIDE GROUP DENTAL INSURANCE FOR CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANIMALS; CREATING SEC. 5 -3.2, ENTITLED "REMOVAL OF DEFECATION" OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; RENUMBERING SEC. 5 -3 TO 5 -3.1; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1a° Reading - October 3, 2000) (Mayor Robaina) 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF- WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND NEXT•LINK ...... XO FLORIDA, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY, ORDINANCES IN REGULAR CITY COMMISSION 3 AGENDA - October 17, 2000 CONFLICT, AND AN EFFECTIVE DATE. (1't Reading - October 3, 2000) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BUDGET, CONCERNING THE STORMWATER USER FEE RATES, SETTING THE FEE RATES FOR FISCAL YEAR 2000/2001; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (2nd Reading - October 3, 2000) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE CERTAIN SECTIONS OF THE PLAN PERTAINING TO THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA; MORE SPECIFICALLY TO REVISE THE COMPREHENSIVE PLAN LAND USE ELEMENT TO INCLUDE INFORMATION, GOALS, OBJECTIVES, POLICIES, AND BOUNDARIES FOR THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AND TO PROVIDE A MAP IDENTIFYING THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AS AN URBAN INFILL AND REDEVELOPMENT AREA; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY ; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE 4/5 RESOLUTIONS) /PUBLIC HEARING(S) 17. 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 A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "GR," GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57TH AVENUE 4/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-5.9(G)(7) OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF- STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57THAVENUE. 4/5 REGULAR CITY COMMISSION 4 AGENDA - October 17, 2000 RESOLUTION (S) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO HONOR CITY PIONEER RON MILLER BY CO- NAMING SW 68TH STREET AFTER HIM. (Commissioner Bethel) 3/5 ORDINANCE (S) FIRST READING 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512a, 10 -95 -1583, AND 18 -99 -1692, INCREASING SOME PERMIT FEES, ADDING NEW FEES, REPLACING LAND USE APPLICATION FEES AND DELETING SECTION F -12 FROM THE SCHEDULE, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FL% STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 5 AGENDA - October 17, 2000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 10/13/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 10/17100 City Manager CRB REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ADRIAN ELLIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING OCTOBER 17, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina, appoints Adrian Ellis tc the Community Relations Board. This reflects one of the appointments to be made in the special age category [18 -30]. The Community Relations Board was re- established by Ordinance No. 11 -98 -1659 to foster mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs; age and ethnic groups in the City of South Miami. CONCLUSION Given the fact that this is a very active Board the Commission desires to appoint a full complement. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ADRIAN ELLIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING OCTOBER 17, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED AND REFLECTS ONE APPOINTMENT IN THE SPECIAL AGE CATEGORY [18 -30]; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Adrian Ellis to serve on the Community Relations Board. Section 2. The expiration date of this appointment shall expire October 17, 2002 or until a successor is duly appointed and qualified and reflects one appointment in the special age category [18 -30]. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 303- 663 -6310 South Miami, FL 33143 Fax No. 303- 663 -6318 1. Name: abe-)AA) ; ; L U S (Please print) 2. Home Address: _S�,) Q yq I/6 _ 3. Business Address: 4. Home Phone No {3�a5166g-,23Dq Business Phone No. 5. Education Background: D, Pc10 067 -QAq r d L'R t s~ 21AA L 6 Q 6. Community Service: ,9-arc fli i ni y MjsSro jftq B4jt(&Tr C- 90pr,h �AD S5S5tyd. o2Di-J,Vr0a (yav*) 10 c,PS V0cVNrcza eo4r - 6 OF r6o,ffM1,1�1 V--= 6w0VA)RL S.&Iam Alt. C V a;!� TL r tiiZy 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No V/ it. Ethnic Origin? Anglo American_ African American ZHispanic American_ Other Signature ",cam, djA � Date 9 1,5100 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 CITY OF SOUTH MIAMI To: Mayor and Commission Date: October 13, 2000 From: Earl G. Gallop Agenda Item # City Attorney Commission Meeting October 17, 2000 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $19,891.25. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 4,885.49 $ 480.00 Account # 1500 -3435 Professional Services - Account # 608 - 1910 -521 -3100 CRA Fund — General Legal Account #610 - 1120 -554 -3415 Legal Services Non Retainer Account # 1500 -3410 A detailed Billing Statement is attached. $ 3,000.00 $ 2,799.27 $ 20,110.00 $ $ 13,607.06 $ 10,058.64 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF 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 7 $13,755.55, CHARGING $417.64 TO ACCOUNT NO. 1500 -514- 8 3452, CODE ENFORCEMENT; CHARGING $480.00 TO 9 ACCOUNT NO. 1500 - 514 -3435, REAL 10 PROPERTY/FORECLOSURE; CHARGING $10,058.64 TO 11 ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - 12 RETAINER; CHARGING $2,799.27 TO ACCOUNT NO. 608- 13 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 September 30, 2000, in the amount of $13,755.55; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $13,755.55, are approved for 32 payment and charging $417.64 to account no. 1500- 514 -3452, code enforcement; 33 charging $480.00 to account no. 1500 -514 -3435, real estate /foreclosure; charging 34 $10,058.64 to account no. 1500 -514 -3410, legal, non - retainer; and charging 35 $2,799.27 to account no. 608 - 1910 -521 -3100, forfeitures. 36 37 Section 2. This resolution shall take effect immediately upon approval. 38 Additions shown by underlining and deletions shown by everst6king. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PASSED AND ADOPTED this day of October, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: 11 De11_61001DocumentsTity of South Miami10022- 00 1\720Ldoc Page 2 of 2 NkIN GALLOP F1 G"UERE DOM. Attorneys & Counselors 3223 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 October 12, 2000 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 30, 2000, in the amount of $13,755.55. I have tabulated the amounts currently due on each individual file as follows: 0022 -003 Williamson Foreclosure Prof l Services $ 270.00 Statement ,,V6. 7935 dated 10/10/00 Disbursements 0.00 Total Due 270.00 0022 -023 Parking Garage Contract ProfI Services $ 5,915.00 Statement No. 7938 dated 10 /10 /00 Disbursements 0.00 Total Due 5,915.00 0022 -027 Bruce v. Code Enforcement Prof l Services $ 145.00 Statement No. 7939 dated 10/10/00 Disbursements 204.64 Total Due 349.64 0022 -052 City of South Miami v. J. Jackson Prof I Services S 60.00 Statement No. 7952 dated 10/10/00 Disbursements 8.00 Total Due 68.00 Hakeem Oshikoya Finance Director October 12, 2000 Page 2 of 3 0022 -054 Forfeiture of 2000 Honda Statement No. 7954 dated 10/10/00 0022 -055 Purchase of 7800 SW 59th Avenue Statement No. 7955 dated 10 /10 /00 0022 -061 NRA, et al. vs. City of South Miami Statement No. 7961 dated 10/10/00 0022 -063 City Hall Project Statement No. 7963 dated 10 /10 /00 0022 -065 Forfeiture of 1995 International Box Statement No. 7964 dated 10 /10 /00 0022 -066 Forfeiture of 1993 Volvo 940 Turbo Statement No. 7965 dated 10/10/00 0022 -067 Forfeiture of 6490 S.W. 40th Statement No. 7966 dated 10110100 0022 -069 Forfeiture of 523,020.00 U.S. Currency Statement No. 7968 dated 10/10/00 Prof l Services Disbursements Total Due Profl Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof l Services Disbursements Total Due Prof I Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof l Services Disbursements Total Due $ 252.50 21.72 274.22 $ 210.00 0.00 210.00 $ 2,545.00 513.64 3,058.64 $ 1,085.00 0.00 1,085.00 $ 390.00 249.85 639.85 $ 105.00 157.70 262.70 $ 1,460.00 0.00 1,460.00 $ 162.50 0.00 162.50 CURRENT TOTAL DUE $ 13,755.55 Hakeem Oshikoya Finance Director October 12, 2000 Page 3 of 3 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, i 1012., a<GG lop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 40 Date: October 12, 2000 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 2 Code Enforcement 1500 -514 -3452 $417.64 $417.64 2 5 Forfeitures 608 -1910 -521- 3100 2,799.27 2,799.27 3 3 Legal, Non - Retainer 1500 -514 -3410 10,058.64 10,058.64 4 2 Real Estate /Foreclosure 1500 -514 -3435 480.00 480.00 TOTAL 513,755.55 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge 'Head of Department Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Purchases as Above Approved and Issuance of Purchase Order Authorized City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO VA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -002 Real Estate Statement No. 7934 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 87.50 9/19/2000 Payment Ck #28989 ($17399.45) 927.50 Sub -total Payments: 1,015.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,505.00 Payments - Thank you 1,015.00 Total Due 490.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 10, 2000 Matter ID: 0022 -003 Finance Director Williamson Foreclosure City of South Miami 6130 Sunset Drive Statement No. 7935 City of South Miami, FL 33143 Total Professional Services 270.00 Rate Summary Eve A. Boutsis 1.80 hours at $150.00 /hr 270.00 Total hours: 1.80 Payments 6128/2000 Payment Ck #28186 ($8575.38) 401.64 9/19/2000 Payment Ck #29189 507.58 9/19/2000 Payment Ck #28989 ($17399.45) 1,259.50 Sub -total Payments: 2,168.72 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. Hours Amount 9/14/2000 EAB Prepared for hearing on final default judgment, analysis of case law 1.30 195.00 regarding lack of filing of pleadings by defendant yet appearing at hearings, and the case law doctrine that appearance constitutes a waiver of default; telephone conference with Ms. Williams, Mr. Perry and Mr. Kennedy regarding hearing and future litigation. 9/15/2000 EAB Analysis of the update title search on the Williamson property, 0.30 45.00 analysis of filing of tax deed application, and complications that adds to the forfeiture action; modified motion for final default judgment and re notice of hearing. 9118/2000 EAB Confirmed certificate of service so that all interested parties were 0.20 30.00 served. Total Professional Services 270.00 Rate Summary Eve A. Boutsis 1.80 hours at $150.00 /hr 270.00 Total hours: 1.80 Payments 6128/2000 Payment Ck #28186 ($8575.38) 401.64 9/19/2000 Payment Ck #29189 507.58 9/19/2000 Payment Ck #28989 ($17399.45) 1,259.50 Sub -total Payments: 2,168.72 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -003 Statement No.: 7935 Page: 2 For Professional Services 270.00 For Disbursements Incurred 0.00 Current Balance: 270.00 Previous Balance: 2,987.88 Payments - Thank you 2,168.72 Total Due 1,089.16 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPAA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Nakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -008 Wascura v. City of South Miami Statement No. 7936 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 50.05 Sub -total Payments: 50.05 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 91.97 Payments - Thank you 50.05 Total Due 41.92 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -010 Asher v. City of South Miami Statement No. 7937 Payments 7/10/2000 Payment Ck #28274 - $15833.52 175.00 Sub -total Payments: 175.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 175.00 Payments - Thank you 175.00 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 7938 City of South Miami, FL 33143 9/18/2000 LRF , Telephone status conferences with Mayor Robaina and Charles 1.30 227.50 Scurr. Telephone conferences with Ralph Perez and George McCardle regarding status of negotiations with Dabby Properties. 9/19/2000 LRF Telephone conferences with Charles Scurr, Mayor Robaina, George 5.00 875.00 McCardle Cliff Schulman and Ralph Perez. Office conference with Mr. Gallop. Attended City Commission Meeting. 9/20/2000 LRF Telephone conferences with Ralph Perez, George McCardle and 1.30 227.50 Charles Scurr regarding SPG project. 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. Hours Amount 9/5/2000 LRF Attended meetings with SPG representatives. Attended city 7.00 1,225.00 commission meeting concerning SPG lease and special exceptions. 9/6/2000 LRF Telephone conferences with representatives of SPG, Mayor 2.70 472.50 Robaina, Charles Scurr and Cliff Schulman. Researched procedure for reconsideration of the SPG item by the city commission. 9/8/2000 LRF Telephone conferences with Julio Robaina, Charles Scurr, Ralph 0.70 122.50 Perez and George McCardle concerning procedure for bringing back a revised project to the City Commission. 9/1112000 LRF Telephone conference with Charles Scurr. Telephone conference 1.10 192.50 with George McCardle regarding status of negotiations with Mr. Auerbach and Mr. Richmond. Status conference with Mr. Gallop. Reviewed Roberts Rules of Order and City Charter to respond to Mr. Scurr's question concerning procedure to be followed at the Commission meeting in the event one of the commissioners requests reconsideration of the SPG lease and special exceptions. 9/12/2000 LRF Telephone conferences with George McCardle concerning several 0.70 122.50 matter relating to the SPG project. 9/13/2000 LRF Telephone conferences with George McCardle. 0.50 87.50 9/14/2000 LRF Telephone conferences with George McCardle and Ralph Perez. 4.00 700.00 Attended meeting with Charles Scurr, Mayor Robaina, Mr. Gallop, Mark Richmond and representatives from SPG and Dabby Properties., 9/18/2000 LRF , Telephone status conferences with Mayor Robaina and Charles 1.30 227.50 Scurr. Telephone conferences with Ralph Perez and George McCardle regarding status of negotiations with Dabby Properties. 9/19/2000 LRF Telephone conferences with Charles Scurr, Mayor Robaina, George 5.00 875.00 McCardle Cliff Schulman and Ralph Perez. Office conference with Mr. Gallop. Attended City Commission Meeting. 9/20/2000 LRF Telephone conferences with Ralph Perez, George McCardle and 1.30 227.50 Charles Scurr regarding SPG project. 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 7938 Page: 2 9/21/2000 LRF Telephone conferences with George McCardle, Charles Scurr and 0.50 87.50 Payment representatives of the Merchants. Payment 9/22/2000 LRF Meeting with Mr. Scurr to discuss options for the parking garage 2.00 350.00 project. Telephone conferences with George McCardle regarding same. 9/26/2000 LRF Participated in public negotiations with SPG. 2.80 490.00 9/28/2000 LRF Telephone conference with Mr. Scurr. Reviewed financial 1.40 245.00 assumptions prepared by SPG. Telephone conference with George McCardle regarding same. 9/29/2000 LRF Attended public meeting with mr Scurr and SPG to discuss 2.80 490.00 possible options for parking garage project. Rate Summary Luis R. Figueredo Payments 7/10/2000 Payment 6/28/2000 Payment 9/19/2000 Payment 9/19/2000 Payment Total Professional Services 5,915.00 33.80 hours at $175.00/hr 5,915.00 Total hours: 33.80 Ck#28274 - $15833.52 8,300.04 Ck#28186 ($8575.38) 1,610.00 Ck #29189 2,681.50 Ck #28989 ($17399.45) 5,689.25 Sub -total Payments: 18,280.79 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. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 7938 Page: 3 For Professional Services 5,915.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 5,915.00 22,933.24 18,280.79 10,567.45 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -027 Finance Director Bruce v. Code Enforcement City of South Miami 6130 Sunset Drive Statement No. 7939 City of South Miami, FL 33143 Rate Summary Karina Arguello Eve A. Boutsis Expenses Total hours Parking Charge Mileage Filing fee Courier charge Total Professional Services 145.00 0.50 hours at $ 20.00 /hr 10.00 0.90 hours at $150.00 1hr 135.00 1.40 11.75 3.00 168.00 11.45 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. Hours Amount 9/6/2000 EAB Telephone conference with Mr. Harris regarding agreement on 0.30 45.00 motion to transfer; revised the agreed order to transfer, notice of cancellation of hearing, and letter to Judge informing him of the developments. 9/7/2000 KA Hand delivery to Judge Seigel of Plaintiff's notice of cancellation of 0.50 10.00 motion calender hearing and filed same. 9/14/2000 EAB Telephone conference with Mr. Chevalier regarding city's rejection 0.20 30.00 for application for occupational license, approved form of letter to Mr. Bruce informing him of the reasons why license was refused; telephone conference with Judicial Assistant and Clerk regarding new case number and County Judge due to order of transfer previously entered. 9/21/2000 EAB Prepared first draft of reply to defendants' affirmative defenses. 0.40 60.00 Rate Summary Karina Arguello Eve A. Boutsis Expenses Total hours Parking Charge Mileage Filing fee Courier charge Total Professional Services 145.00 0.50 hours at $ 20.00 /hr 10.00 0.90 hours at $150.00 1hr 135.00 1.40 11.75 3.00 168.00 11.45 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 7939 Page: 2 Legal research 10.44 Sub -total Expenses: 204.64 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 127.75 9/19/2000 Payment Ck#29189 2,231.91 9/19/2000 Payment Ck #28989 ($17399.45) 2,205.51 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 4,565.17 Total Due To be properly credited, please indicate Statement Number on your remittance check. 145.00 204.64 349.64 5,159.48 4,565.17 943.95 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -030 Jhuboolall v. CSM, Bradshaw Statement No. 7940 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 3.00 9/19/2000 Payment Ck#28989 ($17399.45) 52.50 9/19/2000 Payment Ck #29189 1.74 Sub -total Payments: 57.24 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 57.24 Payments - Thank you 57.24 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGINGALLOPFIGUEREDO`' . Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck #28989 ($17399.45) 9/19/2000 Payment Ck #29189 7/10/2000 Payment Ck #28274 - $15833.52 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 7941 35.00 6.00 546.50 Sub -total Payments: 587.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 652.75 Payments - Thank you 587.50 Total Due 65.25 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -037 Forfeiture in re 1993 Mazda Statement No. 7942 Payments 7/10/2000 Payment Ck #28274 - $15833.52 30.00 6/28/2000 Payment Ck #28186 ($8575.38) 36.95 Sub -total Payments: 66.95 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 66.95 Payments - Thank you 66.95 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 10, 2000 Matter ID: 0022 -041 Finance Director Anderson v. Dawkins, et al. City of South Miami 6130 Sunset Drive Statement No. 7943 City of South Miami, FL 33143 Payments 6/28/2000 Payment Ck#28186 ($8575.38) 188.75 9/19/2000 Payment Ck #29189 188.50 9/19/2000 Payment Ck#28989 ($17399.45) 1,285.00 Sub -total Payments: 1,662.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,662.25 Payments - Thank you 1,662.25 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`A. Atrorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -042 Forfeiture of 1981 Oldsmobile Statement No. 7944 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 532.32 9/19/2000 Payment Ck #29189 121.06 7/10/2000 Payment Ck #28274 - $15833.52 568.00 Sub -total Payments: 1,221.38 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,221.38 Payments - Thank you 1,221.38 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -043 Forfeiture of 1993 White Ford Statement No. 7945 Payments 6/28/2000 Payment Ck#28186 ($8575.38) 42.00 9/19/2000 Payment Ck#29189 85.02 7/10/2000 Payment Ck#28274 - $15833.52 383.25 Sub -total Payments: 510.27 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 783.77 Payments - Thank you 510.27 Total Due 273.50 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO VA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -044 Weinstock v.Marchand, et al. Statement No. 7946 Payments 6/28/2000 Payment Ck#28186 ($8575.38) 32.83 7110/2000 Payment Ck#28274 - $15833.52 34.00 Sub -total Payments: 66.83 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 66.83 Payments - Thank you 66.83 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 7/10/2000 Payment Ck #28274 - $15833.52 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -045 Weinstock v. Rebozo, et al Statement No. 7947 90.99 540.00 Sub -total Payments: 630.99 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 630.99 Payments - Thank you 630.99 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -048 Forfeiture of 1985 Blue Chevy Statement No. 7948 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 83.00 9/19/2000 Payment Ck #29189 11.95 7/10/2000 Payment Ck #28274 - $15833.52 646.00 Sub -total Payments: 740.95 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 781.95 Payments - Thank you 740.95 Total Due 41.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 - Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -049 Forfeiture of 1996 Beige Chevy Statement No. 7949 Payments 6/28/2000 Payment Ck #28186 ($8575.38) 17.25 7/10/2000 Payment Ck #28274 - $15833.52 556.00 Sub -total Payments: 573.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 573.25 Payments - Thank you 573.25 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP F' IGUEREDO`A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 10, 2000 Matter ID: 0022 -050 Finance Director Forfeiture of 1998 Green Honda City of South Miami 6130 Sunset Drive Statement No. 7950 City of South Miami, FL 33143 Payments 7/10/2000 Payment Ck #28274 - $15833.52 176.00 Sub -total Payments: 176.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 176.00 Payments - Thank you 176.00 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7951 Payments 6/28/2000 Payment Ck#28186 ($8575.38) 112.93 9/19/2000 Payment Ck#29189 66.64 9/19/2000 Payment Ck #28989 ($17399.45) 155.15 7/10/2000 Payment Ck #28274 - $15833.52 176.00 Sub -total Payments: 510.72 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 510.72 Payments - Thank you 510.72 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -052 CSM v. Johnny Jackson Statement No. 7952 Hours Amount 9/12/2000 KA Obtained certified copies of final order. 0.75 15.00 9/22/2000 EAB Prepared memorandum regarding sale of forfeit vehicle via sealed 0.30 45.00 bid. Rate Summary Karina Arguello Eve A. Boutsis Total hours: Expenses 9/26/2000 Outside copy job Total Professional Services 60.00 0.75 hours at $ 20.00 /hr 0.30 hours at $150.001hr 1.05 Sub -total Expenses: Payments 9/19/2000 Payment Ck #29189 6/28/2000 Payment Ck #28186 ($8575.38) 9/19/2000 Payment Ck #28989 ($17399.45) 15.00 45.00 W91 WNWIM 1,599.46 182.00 1,945.70 Sub -total Payments: 3,727.16 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -052 Statement No.: 7952 Page: 2 For Professional Services 60.00 For Disbursements Incurred 8.00 Current Balance: 68.00 Previous Balance: 3,903.54 Payments - Thank you 3,727.16 Total Due 244.38 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 10, 2000 Finance Director Matter ID: 0022 -053 City of South Miami Forfeiture of $1,941.00, etc. 6130 Sunset Drive Statement No. 7953 City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck #29189 42.20 6/28/2000 Payment Ck#28186 ($8575.38) 344.71 9/19/2000 Payment Ck #28989 ($17399.45) 63.50 Sub -total Payments: 450.41 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 450.41 Payments - Thank you 450.41 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO2A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -054 Forfeiture of 2000 Honda Statement No. 7954 Rate Summary Eve A. Boutsis Earl G. Gallop 1.30 hours at 8100.00 /hr 0.70 hours at $175.00 /hr Total hours: 2.00 130.00 122.50 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. Hours Amount 9/11/2000 EAB Various telephone conferences with Detective Robert Barrio 0.40 40.00 regarding US Attorney's office's position on forfeiture, whether the US will take over forfeiture, whether the city is interested in settling; telephone conference with Mr. Drucker regarding settlement posture; prepared memorandum to Assistant Chief Feldman regarding offer of settlement proposed by Drucker. 9/12/2000 EAB Prepared memorandum to Assistant Chief Feldman regarding 0.10 10.00 remaining title issues and request for verification of Tallahassee registration of title records. 9/18/2000 EAB Telephone conference with AC Feldman regarding possible 0.20 20.00 settlement of claim via auction, 50/50 or 60/40 split, plus costs; and sale via sealed bid. 9/21/2000 EAB Telephone conference with Mr. Drucker regarding his counter offer - 0.20 20.00 60/40 split accepted, but provided a cap for costs at $750; prepared communication to Assistant Chief Feldman regarding settlement. 9/22/2000 EAB Telephone conference with Mr. Drucker and Assistant Chief Greg 0.40 40.00 Feldman regarding settlement; started preparing settlement agreement. 9/25/2000 EGG Prepared settlement agreement; telephone conference with A/C 0.70 122.50 Feldman regarding provision for sealed bid auction of vehicle. Total Professional Services 252.50 Rate Summary Eve A. Boutsis Earl G. Gallop 1.30 hours at 8100.00 /hr 0.70 hours at $175.00 /hr Total hours: 2.00 130.00 122.50 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -054 Statement No.: 7954 Page: 2 Expenses Legal research 9.22 9/6/2000 Certified Copy 12.50 Sub -total Expenses: 21.72 Payments 9119/2000 Payment Ck #29189 369.66 6/28/2000 Payment Ck #28186 ($8575.38) 171.47 9/19/2000 Payment Ck #28989 ($17399.45) 537.50 Sub -total Payments: 1,078.63 For Professional Services 252.50 For Disbursements Incurred 21.72 Current Balance: 274.22 Previous Balance: 1,924.73 Payments - Thank you 1,078.63 Total Due 1,120.32 To be properly credited, please indicate Statement 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. El CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 7955 City of South Miami, FL 33143 Hours Amount 9/8/2000 LRF Telephone conference with Steve Pearson regarding VanSmith 0.30 52.50 option agreement. 9/25/2000 LRF Telephone conference with Steve Pearson. Finalized option 0.90 157.50 agreement. Total Professional Services 210.00 Rate Summary Luis R. Figueredo 1.20 hours at $175.00 /hr 210.00 Total hours: 1.20 Payments 6/28/2000 Payment Ck#28186 ($8575.38) 525.50 Sub -total Payments: 525.50 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -055 Statement No.: 7955 Page: 2 For Professional Services 210.00 For Disbursements Incurred 0.00 Current Balance: 210.00 Previous Balance: 795.00 Payments - Thank you 525.50 Total Due 479.50 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck #29189 9/19/2000 Payment Ck #28989 ($17399.45) Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -056 Forfeiture of $16,890.00 Statement No. 7956 536.06 11.97 Sub -total Payments: 548.03 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 548.03 Payments - Thank you 548.03 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -057 Finance Director City of South Miami Einstein Bagels Chapter 11 6130 Sunset Drive Statement No. 7957 City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck#29189 4.50 Sub -total Payments: 4.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 4.50 Payments - Thank you 4.50 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -058 Astbury, et al. v. CSM Statement No. 7958 Payments 9/19/2000 Payment Ck#28989 ($17399.45) 2,017.84 Sub -total Payments: 2,017.84 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 2,329.30 Payments - Thank you 2,017.84 Total Due 311.46 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Finance Director Matter ID: 0022 -059 City of South Miami Habitat for Humanity v. Mary 6130 Sunset Drive Statement No. 7959 City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck#28989 ($17399.45) 430.00 Sub -total Payments: 430.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 430.00 Payments - Thank you 430.00 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck#28989 ($17399.45) Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -060 Citimortgage, Inc. v. Marlene A. Statement No. 7960 45.00 Sub -total Payments: 45.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 224.50 Payments - Thank you 45.00 Total Due 179.50 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUERED01U. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Finance Director Matter ID: 0022 -061 City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 7961 City of South Miami, FL 33143 Hours Amount 9/13/2000 EGG Reviewed motion to admit Stephen Halbrook pro hac vice; analyzed 0.40 70.00 decisional authorities regarding standing to challenge legislation. 9/15/2000 EGG Prepared for and attended hearing on NRA's, etc., motion for 2.80 490.00 protective order regarding depositions of defendants, rescheduled depositions on hearing on city's motion to dismiss for lack of standing and NRA's motion for injunction. 9/18/2000 EGG Telephone conference with Mr. Neimand, ass't. attorney general, 0.20 35.00 regarding intervention of attorney general. 9/18/2000 EGG Telephone conference with Ms. Debra Turner, senior assistant city 0.30 52.50 attorney, city of Miami Beach, and Gary Oldehoff, Martin County attorney office, regarding status of suit and local legislation to adopt similar ordinance. 9/20/2000 EAB Analyzed cases on standing and began drafting memorandum on 6.00 900.00 standing to sue requirements for associations. 9/21/2000 EAB Revised memorandum and completed sheppardization of all cases 4.00 600.00 cited; continued and narrowed legal research on preemption issues. 9/22/2000 EAB Completed research for case law on express preemption. 2.00 300.00 9/29/2000 KA Delivered proposed order to Judge Wilson. 0.50 10.00 9/29/2000 EGG Prepared proposed order on pltfs' motion for protective order or to 0.50 87.50 quash discovery. Total Professional Services 2,545.00 Rate Summary Karina Arguello 0.50 hours at $ 20.00 /hr 10.00 Eve A. Boutsis 12.00 hours at $150.00 /hr 1,800.00 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. f I � Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 7961 Page: 2 Earl G. Gallop 4.20 hours at $175.00/hr 735.00 Total hours: 16.70 Expenses Legal research 232.24 Parking Charge 10.75 9/20/2000 Court reporter 270.65 Sub -total Expenses: 513.64 For Professional Services 2,545.00 For Disbursements Incurred 513.64 Current Balance: 3,058.64 Previous Balance: 6,344.22 Payments - Thank you 0.00 Total Due 9,402.86 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -062 Finance Director City of South Miami Forfeiture: 1989 Lincoln Mark VII 6130 Sunset Drive Statement No. 7962 City of South Miami, FL 33143 Payments 9/19/2000 Payment Ck#28989 ($17399.45) 150.00 Sub -total Payments: 150.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 150.00 Payments - Thank you 150.00 Total Due 0.00 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Finance Director Matter ID: 0022 -063 City of South Miami City Hall Project 6130 Sunset Drive Statement No. 7963 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo 6.20 hours at $175.00 /hr 1,085.00 Total hours: 6.20 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. Hours Amount 9/11/2000 LRF Reviewed appraisal report. 0.50 87.50 9/12/2000 LRF Continued review of appraisal report. 0.50 87.50 9/14/2000 LRF Telephone conference with Greg Orvac. 0.50 87.50 9/18/2000 LRF Prepared financial projections based on calculations provided in 2.70 472.50 appraisal report. Meeting with Greg Orvac to discuss options for city hall property. Telephone conference with property appraiser and Greg Orvac. 9/22/2000 LRF Telephone conference with Greg Orvac. 0.30 52.50 9/28/2000 LRF Meeting with Mr. Scurr and Greg Orvac to review property appraisal 1.70 297.50 and project options. Total Professional Services 1,085.00 Rate Summary Luis R. Figueredo 6.20 hours at $175.00 /hr 1,085.00 Total hours: 6.20 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -063 Statement No.: 7963 Page: 2 For Professional Services 1,085.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 1,085.00 1,544.50 0.00 2,629.50 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -065 Finance Director Forfeiture: 1995 International Box City of South Miami 6130 Sunset Drive Statement No. 7964 City of South Miami, FL 33143 Hours Amount 9/5/2000 EAB Telephone conference with Judge Postman's Judicial assistant 0.60 60.00 Margie regarding Judge's conflict (funeral), need to cancel hearing and reschedule hearing; prepared notice of rescheduling as to date and time (9/15 at 9:00 a.m.), telephone conference with counsel for Navistar, Amy Itoku, regarding security interest of Navistar, telephone conferences with and facsimile transmissions to arresting officers and Assistant Chief Feldman informing them of the change in hearing date. 91812000 EAB Received Navistar communication regarding payoff on the vehicle, 0.20 20.00 their non - attendance at the Court hearings, and willingness to wait until end of forfeiture to receive payoff. 9/12/2000 EAB Prepared memorandum to Assistant Chief Feldman requesting 0.10 10.00 criminal record of claimant, to provide support for preliminary probable cause; and prepared facsimile reminders to officers to appear at probable cause hearing 1/2 hour earlier so that I can prepare them to testify and for the officers to provide claimant's prior criminal record to me prior to hearing. 9/15/2000 EAB Prepared for and attended preliminary probable cause hearing; 2.90 290.00 prepared Detectives Henning and Munoz to testify; analysis of case law and prepared order on probable cause; amended complaint to add wife as an interested party, updated file and prepared memorandum to file regarding Judge Postman's actions and amendments. 9/18/2000 EAB Telephone conference with Assistant Chief Feldman regarding 0.10 10.00 notice of action, and need to file amended notice of action. Rate Summary Eve A. Boutsis Total Professional Services 390.00 3.90 hours at 5100.00 1hr 390.00 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. Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -065 Statement No.: 7964 Page: 2 Total hours: 3.90 Courier charge Parking Charge 9/20/2000 Notice of Action - Published 9/26/2000 Service of Process For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses Total Due 11.25 10.00 203.60 25.00 M&OW : To be properly credited, please indicate Statement Number on your remittance check. 390.00 249.85 639.85 888.50 0.00 1,528.35 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 - Facsimile: (305) 854 -5351 Hours Amount 9/8/2000 EAB Meeting with arresting officer and inquired into comments on 0.20 20.00 proposed complaint, prepared fax request for return of executed October 10, 2000 Hakeem Oshikoya Matter ID: 0022 -066 Finance Director Forfeiture: 1993 Volvo 940 Turbo City of South Miami Courthouse tomorrow. 6130 Sunset Drive Statement No. 7965 City of South Miami, FL 33143 0.75 15.00 Hours Amount 9/8/2000 EAB Meeting with arresting officer and inquired into comments on 0.20 20.00 proposed complaint, prepared fax request for return of executed Rate Summary Karina Arguello Eve A. Boutsis Total Professional Services 105.00 0.75 hours at $ 20.00 /hr 0.90 hours at $100.00 /hr Total hours: 1.65 15.00 mom 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. affidavit so that complaint may be filed. 9/11/2000 EAB Began putting final revisions into complaint, etc. to be filed at 0.30 30.00 Courthouse tomorrow. 9/12/2000 KA Filed new forfeiture case. 0.75 15.00 9/12/2000 EAB Prepared memorandum to Assistant Chief Feldman regarding 0.10 10.00 notice of action, failure to receive return receipt from claimant, lack of record of claimant at TGK, and need for criminal history of claimant. 9/15/2000 EAB Telephone conference with Process Server in which he informed me 0.10 10.00 that claimant is in drug rehabilitation, that she was bonded out on 9 -8 -00, and that she is engaged to her live in boyfriend who accepted service on claimant's behalf. 9/18/2000 EAB Meeting with Detective Munoz and obtained original executed 0.20 20.00 amended affidavit of Munoz in support of amended complaint for forfeiture; telephone conference with Assistant Chief Feldman regarding settlement offer for litigation. Rate Summary Karina Arguello Eve A. Boutsis Total Professional Services 105.00 0.75 hours at $ 20.00 /hr 0.90 hours at $100.00 /hr Total hours: 1.65 15.00 mom 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. Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -066 Statement No.: 7965 Page: 2 Parking Charge Mileage _ 9122/2000 Service of Process 9/26/2000 Service of Process 9/26/2000 Advertisement for Forfeiture For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 6.00 4.50 25.00 25.00 97.20 Sub -total Expenses: 157.70 105.00 1 57.70 262.70 376.00 0.00 Total Due 638.70 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -067 Forfeiture of 6490 S.W. 40th Statement No. 7966 9/15/2000 EAB Telephone conference with Mr. Lott, title search attorney regarding 1.10 liens and mortgages on real property to be forfeited; prepared memorandum to file regarding valuation of property and request information on City's plans to continue with forfeiture; analysis of preliminary title search and continued to draft complaint and motion for probable cause; telephone conference with Detective. Munoz regarding Campos' Wife, and her roll in the illegal activity and whether she is an innocent owner; prepared correspondence to Assistant Chief Feldman regarding communication with Munoz regarding his belief that the wife has no knowledge of the felony activities. Amount 20.00 550.00 500.00 250.00 10.00 110.00 9/15/2000 EAB Conference with Detective Munoz regarding bond posting by 0.10 10.00 claimant, and various issues surrounding gambling operation on 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. Hours 9/6/2000 EAB Telephone conference with Assistant Chief Feldman regarding new 0.20 forfeiture action to take real property. 9/7/2000 EAB Legal research on seizure of real property, need to file lis pendens, 5.50 verified amendments to the Fla. Contraband Forfeiture Act, legal research on issue of new federal forfeiture reform act; various communications with Assistant Chief Feldman requesting legal description of the property so that a title search may be conducted and lis pendens issued; various telephone conferences with the City of North Miami, State Attorney, County Attorney, Miami Beach and City of Miami forfeiture attorney's regarding real property procedures, filing of lis pendens, procedures for seizure, title search requirements, Eighth Amendment excessive penalty issues etc. 9/8/2000 EAB Participated in strategy session and bust of site for violation of 5.00 tobacco laws and trafficking in stolen goods. 9/11/2000 EAB Analysis of police reports from the 9/8/00 sting, began preparing 2.50 complaint. 9/12/2000 EAB Prepared memorandum to Assistant Chief Feldman requesting prior 0.10 criminal history of claimant, and further information regarding gambling house charges. 9/15/2000 EAB Telephone conference with Mr. Lott, title search attorney regarding 1.10 liens and mortgages on real property to be forfeited; prepared memorandum to file regarding valuation of property and request information on City's plans to continue with forfeiture; analysis of preliminary title search and continued to draft complaint and motion for probable cause; telephone conference with Detective. Munoz regarding Campos' Wife, and her roll in the illegal activity and whether she is an innocent owner; prepared correspondence to Assistant Chief Feldman regarding communication with Munoz regarding his belief that the wife has no knowledge of the felony activities. Amount 20.00 550.00 500.00 250.00 10.00 110.00 9/15/2000 EAB Conference with Detective Munoz regarding bond posting by 0.10 10.00 claimant, and various issues surrounding gambling operation on 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -067 Statement No.: 7966 Page: 2 real property. 9/18 /2000 EAB Telephone conference with Assistant Chief Feldman regarding 0.10 10.00 decision to terminate forfeiture due to amount of mortgage on property. Total Professional Services 1,460.00 Rate Summary Eve A. Boutsis 14.60 hours at $100.00 1hr Total hours: 14.60 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 1,460.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 1,460.00 0.00 1,460.00 0.00 0.00 1,460.00 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -068 Telecommunications Contracts Statement No. 7967 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,977.50 Payments - Thank you 0.00 Total Due 1,977.50 To be properly credited, please indicate Statement 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 10, 2000 Matter ID: 0022 -069 Forfeiture of $23,020.00 US Statement No. 7968 Hours Amount 9/22/2000 SSD Reviewed memorandum regarding status of forfeiture actions; 0.40 40.00 revised notice. 9/25/2000 EGG Prepared settlement agreement; transmitted to A/C Feldman. 0.70 122.50 Total Professional Services 162.50 Rate Summary Stacey S. Dawes 0.40 hours at $100.00 /hr 40.00 Earl G. Gallop 0.70 hours at $175.00 /hr 122.50 Total hours: 1.10 For Professional Services 162.50 For Disbursements Incurred 0.00 Current Balance: 162.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 162.50 To be properly credited, please indicate Statement 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. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr SUBJECT: City Manager INTRODUCTION !i L, October 17, 2000 Agenda Item # (0 Commission Meeting, October 17, 2000 AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO AN INTER -LOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR COST - SHARING OF LABORATORY ANALYTICAL EXPENSES. The attached resolution would authorize the City Manager to sign an Inter -local Agreement with Miami -Dade County for cost - sharing of laboratory analytical expenses (sampling and testing of water samples). BACKGROUND As you know, the City of South Miami is a co- permittee with Miami -Dade County and 25 other agencies and municipalities for the National Pollutant Discharge Elimination System ( NPDES) permit required under the Federal Clean Water Act The NPDES is a comprehensive program involving all aspects of water quality, from hazardous facility siting (zoning) issues to public education outreach. One of the required initiatives is to conduct comprehensive watershed analysis to determine point- sources for water pollution, and areas where water quality needs improvement. By its nature, the scope of this program takes place County -wide. Miami -Dade County has proposed a cost - sharing agreement to satisfy the testing requirements. The Miami -Dade County Department of Environmental Resources Management (DERM) would implement the testing program, and each participant would share in the costs. /continued .. . Mayor and City Commission Inter -local Agreement October 17, 2000 Page 2 of 2 ANALYSIS The proposed cost -share for the City of South Miami is $1,350.00 per year, which is less than the $1,800.00 cost -share under the previous Inter -local Agreement. The cost -share is based upon the number of testing outfalls rather than population. This arrangement is much more equitable than a population -based criterion that would unduly favor the Florida Department of Transportation. The total cost of the program, county -wide, is $450,000.00 per year. The cost -share expense would be paid through the Stormwater User Fee Trust Fund. CONCLUSION The proposed inter -local agreement provides a cost - effective means for the City of South Miami to satisfy its Federal obligations. Approval of the attached resolution is therefore recommended. Attachment: Proposed Inter -local Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A STORMWATER QUALITY MONITORING, CONCERNING INTER - LOCAL AGREEMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY FOR COST - SHARING OF LABORATORY ANALYTICAL EXPENSES PURSUANT TO FEDERAL TESTING REQUIREMENTS. WHEREAS, the City of South Miami is a co- permittee with Miami -Dade County and 25 other agencies and municipalities for the National Pollutant Discharge Elimination System ( NPDES) permit required per Federal Clean Water Act regulations, and; WHEREAS, the NPDES permits requires comprehensive watershed analysis to determine whether pollutants are impacting water quality throughout the County, and; WHEREAS, the County has proposed a collective cost - sharing agreement to satisfy the aforementioned Clean Water Act regulations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to sign the Inter -local Agreement providing for cost - sharing under the "Attachment B" schedule of charges. Section 3. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this 17th day of October 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY FOR PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING PERMIT This Interlocal Agreement ( "Agreement ") is made and entered into this day of 2000, by and between Miami -Dade County [hereinafter referred to as the "COUNTY "] and the City of South Miami, [hereinafter referred to as the "CITY "], in order that the City may be included as a co- permittee as provided under the Environmental Protection Agency [hereinafter referred to as the "EPA "] National Pollutant Discharge Elimination System [hereinafter referred to as "NPDES "] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter referred to as " NPDES Final Rule "], and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit may be initiated and performed on behalf of both the CITY and the COUNTY as co- permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply: AGREEMENT shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean the City of South Miami, by and through its City Manager. COUNTY shall mean Miami -Dade County. FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A ") , incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2005. Section III Scone of Work The parties hereto stipulate and agree that the EPA is requiring as part of a five year NPDES MS4 Operating Permit the sampling, monitoring, and analysis of a variety of storm sewer systems throughout Miami -Dade County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be the joint responsibility of all participating municipalities, and shall be based on a percentage rate obtained by dividing the number of outfalls that drain to United States bodies of water existing in each participating municipality by the total number of outfalls existing within the geographic boundaries of all co- permittees. Section IV COUNTY's Obligations Compliance with NPDES MS4 Operating Permit The COUNTY shall perform all analyses and related activities as required in Miami -Dade County's NPDES MS4 Operating Permit. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct activities under the NPDES MS4 Operating Permit. Report The COUNTY shall provide the CITY with a report with the results of all monitoring and sampling activities required under the NPDES operating Permit. Notice of DERM Meeting The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status with the NPDES MS4 Operating Permit. Section V CITY's Obligations Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate and current. Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit. Compensation Within forty -five (45) days from the date of execution of this Agreement, the CITY shall make a lump sum payment to the COUNTY of its proportional share of the payment due to the COUNTY for associated monitoring activities which are the CITY's financial obligation pursuant to this Agreement. The sum due shall be determined by dividing the total cost for analyses by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated and agreed that the total cost for analyses is a yearly stipend. The yearly cost as calculated will be subsequently due on the anniversary date of execution of this Agreement in years two (2), three (3), four (4), and five (5) of the five year NPDES MS4 Operating Permit. Failure to pay the agreed -upon lump sum payment or subsequent payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES MS4 Operating Permit status to Individual Permit Holder. The proportional share of each co- permittee has been calculated and is listed on Attachment "B ". Access /City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any storm sewer systems which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the above activities that may be located within the CITY's jurisdiction. Section VI Indemnification The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. The COUNTY shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants, partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the COUNTY. 3 Section VII Countv Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of default ". If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VIII City Event of Default In addition to the provisions set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "CITY Event of Default ". If a CITY Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1. the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section IX General Provisions Authorization to Represent the CITY in NPDES MS4 Operating Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES MS4 Operating Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES MS4 Operating Permit. Attendance at COUNTY Permit Review Meetings. The CITY may, but is not required to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of the NPDES MS4 Operating Permit. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the 51 COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by either party, the NPDES MS4 Operating Permit status of the CITY shall revert to Individual Permit Holder. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows:. To County: To City: Miami -Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372 -6789 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: City Manager (305) 663 -6338 Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 5 Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof . Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement to be executed in its name by the County manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of South Miami, caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. Harvey Ruvin, MIAMI -DADE COUNTY, Clerk of the Board FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: By: Clerk of the Board County Manager Clerk of the City Ronetta Taylor, Clerk City of South Miami, FLORIDA By ITS COUNCIL attest: Charles D. Scurr, City Manager 6 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Date: October 13, 2000 Subject: Agenda Item # 1 f6041 Commission Meeting 10/17/00 Lease with MD County for HUD Unit A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH MIAMI -DADE COUNTY FOR THE LOCATION OF A SOUTH MIAMI POLICE SUBSTATION IN A UNIT OF THE SOUTH MIAMI PLAZA HUD COMPLEX, LOCATED AT 6726 SW 59 PLACE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AGREEMENTS. BACKGROUND AND ANALYSIS Police substations have long been discussed as a way to effectively enhance the presence of police services within distressed areas, such as the Lee and Murray Park Neighborhoods. Unfortunately, the costs of a location for, and staffing of, a police substation can be prohibitive or render the substation ineffective. Working as a team, the City and South Miami Community Redevelopment Agency ( SMCRA) have effectively circumvented these pitfalls. The City and SMCRA have negotiated with Miami -Dade County to locate a South Miami Police Department Substation within the South Miami Plaza HUD unit at no cost; and the City's, and SMCRA- sponsored, community oriented police officers are ready to provide the substation with appropriate staffing. The South Miami Police Substation at the South Miami Plaza would be located at the northwest corner of SW 59 Place and SW 68 Street, putting "eyes" on many critical areas, including South Miami Market, the Plaza, Marshall Williamson Park and Lee Park Condominiums. The substation would enhance the services of our already exceptional community oriented police officers, Gusman and Sawyer, and may provide the additional benefit of housing the SMCRA Office. RECOMMENDATION Your approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE A LEASE WITH MIAMI -DADE COUNTY 6 FOR THE LOCATION OF A SOUTH MIAMI POLICE SUBSTATION IN 7 A UNIT OF THE SOUTH MIAMI PLAZA HUD COMPLEX, LOCATED 8 AT 6726 SW 59 PLACE; AND AUTHORIZING THE CITY MANAGER TO 9 EXECUTE ANY NECESSARY AGREEMENTS. 10 11 12 WHEREAS, the City's, and SMCRA- sponsored, community oriented police officers have been 13 well received by the community and have effectively served the Redevelopment Area and City since 14 their start; and 15 16 WHEREAS, a police substation would further enhance the effectiveness of these officers and 17 the South Miami Police Department as a whole; and 18 19 WHEREAS, Miami -Dade County has expressed a willingness to provide a I-IUD Unit to the 20 City of South Miami at no charge for this purpose; and 21 22 WHEREAS, the City of South Miami is dedicated to working with Miami -Dade County, the 23 South Miami Community Redevelopment Agency, residents and other stakeholders to improve the 24 quality of life in the Redevelopment Area and the City as a whole. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 27 THE CITY OF SOUTH MIAMI: 28 29 Section 1. The City Manager is authorized to (1) execute a lease with Miami -Dade 30 County for the location of a South Miami Police Substation in a unit of the South Miami Plaza 31 HUD Complex, located at 6726 SW 59 Place and (2) execute any necessary agreements. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of , 2000. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Robaina: 44 Vice Mayor Feliu: 45 Commissioner Bethel: 46 Commissioner Russell: 47 Commissioner Wiscombe: 48 CITY ATTORNEY FROM COMMUNICATION DEPT. 10.13.2000 12:35 107.07.17A MEMORANDUM Y ,u T 0: H norable Chairperson and M tubers DATE: Bard of County Conhmisslon rs Request to Authorize the SUBJECT: County Manager to execute Agreement with the City of M rrett R. Stlerhelm South Miami regarding offloe FROM:C unty Manager Space for the South Miami Pollee Department In South Miami Family, a public RE QMMENQ6T10N It Is. recommended that the Bo gird approve the attached resolution authorizing the County Madager to execute an agreement with the City of South Miami regarding office space for the City of South Miami Police Department In South Miami Family, alto 311, developments 045: and 060, public housing developments, operated by the Miami -Dade Housing Agency (MD,HA). Bf?QQND MDHA manages and operates an extensive number of public housing developments within this County. Although the Miami -Dade Police Department provides police protection in sev4ral public housing developments, all sites do not have police personnel permanently assigned to them. The City of !South Miami has requested office space In South Miami FaMlly public housing developmdnt, located within Its municipal boundaries. Presently, police officers are not permanently assigned to this development, Providing office spade for the South Miami Police' Department will enhance the quality of life for the residents of this development. Additionally, the presence of these officers will deter criminal activity within and surrounding the development. �0 AeSc(U�- ati(` vr� Fax Note 7671 CE P. 1 FROM COMMUNICATION DEPT. 10.13.2000 12:35 P. 2 Approved Agenda Item No. Veto Override RF, QliUTION NO RESOLUTIOl AUTHORIZING THE COUNTY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SOUTH MIAMI R1:GARDING bFFICE SPACE FOR THE CITY OF SOUTH MIAMI POLICE DEPARTMENT IN SOUTH MIAMI FAMILY, A PUBLIC HOUSING DEVELOPMENT; AND AUTHORIZE THE COUNTY MANAGER Tb EXECUTE ANY NECESSARY AGREEMENTS WI HMEAS, this BoarA desires to accomplish the purposes outlined in the 4cconipE►nying Memorandum, copy of which is incorporated herein by reference. NOW, TIiERIEFORE, $L" IT RESOLVED BY THE BOARD OF COUNTY �OMMISSIONI RS OF MIAMI I -DADF COUNTY, FLORIDA, that this Board authorizes the County Manage4 to execute an agreement with the City of South Miami i regarding office space for the Pity of South Miami Police Department in South Miami i Itamily, n public housing development, following approval by the County Attorney's Office, to execute any necessaO amendments to the agreement on behalf of Miami -Dade County, Florida; and to exercise amendment, modification, renewal, cancellation and termination clauses of any agreements on behalf of Miami -Dade County, Florida. FROM COMMUNICATION DEPT. 10.13.2000 12 35 L i Agenda Item No. Page 2 The foregoing resolution was offered by Commissioner who moved its adoption. The:motion was seconded by Commissioner end upon being put to a vote, the vote was as follows: 1 Ur. Miriam Alonso ' Bruno Barreiro Dr. Barbara M. Carey- �huler Betty T. Ferguson Gwen Margolis i Joe A. Martinez Jimmy L. Morales Dennis C. Moss Natacha Seijas Dorrin D. Rolle Pedro Reboredo i Katy Sorenson 11 Javier D. Souto E The Chairperson thercOon declared the resolution duly passed and adopted this TMiis resolution shall become effective ten (10) days after the Bate of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective Oly upon an override by this Hoard. MIAMI -DADE COUNTY, FLORIDA i 'pproved by County Ntorney s tc form and legal sufficiency.__ BY ITS BOARD OF COUNTY COMMISSIONERS I3ARVEY RUVIN, CLERK Deputy Clerk ** *END * ** P. 3 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr City Manages fawo REQUEST Date: October 13, 2000 Subject: Agenda Item # 9 � Commission Meeting 10 /17 /00 Funding Request Hispanic Heritage Council, Inc. L �p1,�:� f ✓10.- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL AND COMMUNITY GRANTS PROGRAM; AWARDING A GRANT OF UP TO $10,000 TO THE HISPANIC HERITAGE COUNCIL, INC.; CHARGING THE AWARD TO ACCOUNT #01- 2100 -519- 99.10, ENTITLED "CONTRIBUTION — SPECIAL EVENTS"; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On October 24, 1999, the Hispanic Heritage Festival was held in South Miami for the first time, and it was a tremendous success. An estimated 50,000 people attended the event to celebrate Hispanic culture and enjoy downtown South Miami. This year's event is scheduled for October 22, 2000 and will again be located on Sunset Drive, between Red Road and US 1. The grand finale "fiesta" of Hispanic Heritage Month will be free and open to the public. Activities, which include music, arts & crafts, food and dance, will begin at Noon and continue until 9:00 p.m. On April 5, 2000, the Hispanic Heritage Council submitted a Cultural and Community Grants Program Application to the City of South Miami in order to receive in -kind services, such as police and waste disposal, for the event. The application requested in -kind services in an amount of up to $10,000. On September 6, 2000, the Grants Advisory Board reviewed the application and recommended approval. The funding of the in -kind services would be charged to Account #01- 2100 -519- 99.10, entitled "Contribution— Special Events ". The available account balance is $75,000; the resulting balance would be $65,000 or more. RECOMMENDATION Your approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING 5 TO THE CULTURAL AND COMMUNITY GRANTS 6 PROGRAM; AWARDING A GRANT OF UP TO $10,000 TO 7 THE HISPANIC HERITAGE COUNCIL, INC.; CHARGING 8 THE AWARD TO ACCOUNT #01- 2100 -519- 99.10, ENTITLED 9 "CONTRIBUTION— SPECIAL EVENTS "; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Hispanic Heritage Council submitted a Cultural and Community 14 Grants Program Application to the City of South Miami for the Hispanic Heritage 15 Festival 2000; and 16 17 WHEREAS, on September 6, 2000, the Grants Advisory Board reviewed the 18 application and recommended an award of up to $10,000; and 1.9 20 WHEREAS, the Mayor and City Commission of the City of South Miami support 21 community events and programs, such as the Hispanic Heritage Festival, which 22 positively impact the quality of life enjoyed by the City's citizens. 23 24 NOW, TIIEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI: 26 27 Section 1. The City Manager is authorized to provide "in- kind" services 28 in an amount up to $10,000 from account #01- 2100 -519- 99.10, entitled 29 "Contribution— Special Events ", to the Hispanic Ieritage Council, Inc., for the 30 Hispanic Heritage Festival 2000. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of , 2000. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 Commission Vote: 42 READ AND APPROVED AS TO FORM: Mayor Robaina: 43 Vice Mayor Feliu: 44 Commissioner Bethel: 45 Commissioner Russell: 46 Commissioner Wiscombe: 47 CITY ATTORNEY 13' General Motors. FACTSHEET DATE: Sunday, October 22, 2000 PLACE: Downtown -South Miami ADMISSION: Free and open to the public EVENT PRODUCER: IIispanic IIeritage Council ENTERTAINMENT: Latin headliners and Folkloric Ensembles OTHER ATTRACTIONS: Arts & Crafts, International Foods, Children's Corner, Sports Center ESTIMATED ATTENDANCE: 50,000 PURPOSE: The grand - finale "fiesta" of the Hispanic IIeritage Month celebrations is Festival of the Americas. held at one of the most beautiful streets, Sunset Drive (between US 1 and SW 57°i Ave.) The fun begins at 12 noon and will continue non -stop till 9:00 p.m. For everyone's enjoyment, there will be two musical stages providing continuous entertainment. Complementing the festive environment will be decorated booths representing various countries of Latin America and Spain offering a variety of IIispanic cuisine, as well as arts & crafts. The most colorful folkloric groups representing Spain, Mexico, Panama, Colombia, Venezuela and Cuba will also present their native music and dances. In addition, the children's corner will delight youngsters with face- painting, clowns mini- rides, games and a petting zoo. The Festival of the Americas will wave "good -bye" to the 28'1' annual Hispanic IIeritage Festival and to this millennium. i -y� J _ m IL O O O O O .1 T O Q N Cd N U �4 U o U 0 l � O w y 0 O r 0 0 O N a . 0 oGelS U r. w U T v 0 0 l_ w a N rn - 3AV 85'M'S w' 'HAV 05'M'S in n I Elff�� Charlie Folds Director of Press & Community Relations November 3, 1999 Mr. Eloy Vasquez Executive Director Hispanic Heritage Festival 4011 West Flaglcr Street, Suite 204 Miami, F1 33134 Dear cloy: Congratulations on another Successful and memorable Hispanic I-lcritage month. 1 am pleased that we could be a part of your ongoing efforts and to help create the kind of cultural events that let South Florida and others share in our rich Hispanic Heritage. For Discovery of Amcrica day, we ran the title sponsor in the spot as agreed. The spot ran 52x in all time periods for a period of 10 days. The spot for Festival of Americas ran a little less than originally scheduled due to Hurricane Irene. We were able to give it good play, a total of 43 spots ran in all time periods, with title sponsor. The estimated value of both campaigns totals $45,000. I hope we can be a part of Hispanic Heritage in 2000 and we always enjoy working with you. Eddie is doing a great job for you and we appreciate the professional manner in which you work with us. Y Charlie Folds Director of Community & Public Relations WSVN Vm] City of South Miami Grants to Non - Profit Organizations Grant Application 2000 (Please submit original and ton (10) copies of this form and attachments) Organization name: HISPANIC HERITAGE COUNCIL, INC. Street Address: 4011 W.Flagler St. # 204 City :Miami S►: Fl Zip: 33134 Mailing Address: ( same) City: St: Zip: Phone: 305 -541 -5023 Fax:541 -5176 Voice Mail: Email: Applicant name: Eloy Vazquez Co- applicant or other contact: Eduardo Mendoza eloyvazabellsouth.net Title: Executive Director Title: Assistant Director Project name (please dive short description): FESTIVAL OF THE AMERICAS AT SOUTH MIAMI (Sunset Drive between US1 & 57th Ave.) Grant amount requested: $10 , 000 (Inkind Services for police and cleaning) On a separate sheet kindly provide a history of your organization. Include in your history the following: t. Date organization was formed 2. Organization mission and goal(s) 3. Names anct addresses of officers and directors 4. Date of incorporation. if applicable 5. Past activities: include media coverage. acknowledgements and awards 6. Previous grants from City of South Miami 7. Previous grants from other public, and private organizations Please attach a copy of the Internal Revenue Service "Letter of Determination" of the organization's non- profit status. P_mieLt Information (provide a descriplion of the project; what it is. who it's for. when it will take place; where it will lake plane; arid. how it will be produced and conducted) (see schedule attached) L-inat>_daLtaQrtn1i4n Arnount of cash grant requested: Arrmounl of in -kind grant requested: Amount of Annual Budgot (before this grant): Estimated Project Expenses CATE=GORY CASH EXPENSE IN -KIND EXPENSE SUBTOTAL Personnel- artislic $ CONTRIBUTION $ Personnel - production $ $_ $ Space Rental $ $ $ 'Transportation $ $ — Marketing /Publicity 1$ $ _ T, Office suPPlies/utilittes $ ,p 'G Equipment rental /purchase $ $ $ Other cost (please itemize) ` $ Cash on hand Total Expense S $ City grant request Estimated Project Revenues CATEGORY CASH IN -KIND SUBTOTAL CONTRIBUTION Admission $ $ $ Grants $ $ $ Corporate $ County $ $ _ $ State 1 S $ 'G Focloral Others :� &_. _ $ Cash on hand City grant request $ :1• ____ $ _ Tile Hispanic Heritage Council, Inc. is duly registered as a non - profit organization in accordance with the laws of the State of Florida and the Federal Government (501) (c) (3). It is governed by a Board of Directors, duly elected, representing distinguished community members of diverse ethnic backgrounds and cultures, sharing responsibilities without remuneration. In addition, we rely on a capable and professional staff and an executive director. The celebrations of the Hispanic Heritage Festival have been held annually since 1973. The purpose of this event is to celebrate the contributions made by Hispanics to the cultural and economic development of this nation and share those traditions and folklore with residents and visitors of South Florida. Undoubtedly, one of the largest and most successful hispanic festivals in the U.S., the Hispanic Heritage Festival has become known worldwide for its presentation of a first rate special events. Because of its international flavor, the Festival has attracted the attention and received extensive press coverage from the local, national and international media. As a result of the festival's growth in recent years, Advertising Age ranked the festival among the top ten Hispanic festivals in the United States and Travel & Events USA ranked the festival among the top 40 events in the nation. It is also one of the oldest Hispanic festivals in the nation. The hispanic Heritage Council will produce its 28 "' annual Hispanic Heritage Festival, composed of a series of events held during the month of October to celebrate the contributions made by the Hispanic culture to the economic and cultural development of this nation and share those traditions and folklore with residents and visitors of our community. "Advertising Age" has ranked the Festival among the top ten Hispanic festivals in the U.S. and "Travel d'; F-wenls USA, " a monthly magazine for travelers, placed the Festival among the top 40 events in the nation. This years events attracted approximately 350,000 locals and visitors. The 1999 Hispanic Heritage Festival will consist of the following events: The National Poster Contest held during the months of April, May, and June to select the official commemorative poster of this years Festival with over 100 entries from all over the United States. Artwork is displayed during the Hispanic Heritage Month. The Miss Hispanidad USA Pageant on August 13'x' televised by Channel 51. The official opening of the Festival, "Tapas on September 14 at the Douglas Entrance Plaza, featured famous Latin American and Spanish appetizers by some of Miami's most popular restaurants, as well as Latin entertainment and folkloric groups. The kick -off event will entertained over 2,000 community and business leaders from here and abroad. The Hispanic Heritage Gala Ball, at the Hotel Intercontinental on October 6 "', is the event where the Don Quixote Award will be presented to a world renown personality. Close to 700 local, national and international VIPs attend this glamorous event. The traditional "Discovery of America Day," an outdoor music and food festival which is free and open to the public, will be celebrated on October 8 "' at Bayfront Park with more than 50,000 people that attended between 12 noon and 9 p.m. On October 26 "' the Hispanic Heritage Golf Classic will be held at Country Club of Miami attracting 150 players to benefit the Hispanic Heritage Scholarship Fund. The Legacy of Excellence Awards takes place on October 11'x' to honor 5 Hispanic families for their entrepreneurial achievements and community service. On October 22'x' III-117- will bring to the South Miami community one of its most popular events, "Festival of the Americas." This free festival will be held at Sunset Drive between US1 and 57`x' Ave. Festival of the Americas will feature a giant party complete with Latin musical headliners in concert, spectacular performances by folkloric groups of various countries, food and music from every corner of Latin America, a children's activity center, and array of samplers. In addition, the Hispanic Heritage Essay Contest held with the Dade County Public Schools and Private Schools during the month of October, involves thousands of students each year. The contest create awareness of the Hispanic culture among Dade's multiethnic students. The Hispanic Heritage Essay Contest Awards Reception will take place on November 16 "' at Nations Bank. The Hispanic Heritage Festival is a major tourist attraction. As a result, its economic impact in our area amounts to millions of dollars. Through the sharing of our rich heritage we present to residents and visitors of all ethnic backgrounds a positive and safe celebration of ethnic pride thus emphasizing our area's international flavor. fliterrial Revenue, Service District Director uate: AUG 2) 7 19OZ Hispanic Heritage 4011 West: Fl.agler M.i.aiiii, 1'l.. 33134 Dear Applicant.: Council, Inc. >L. No. 204 Uepal-tillent of llleTreasury Employer Idenlificatloa Number: 59- 21.63593 Accounting Petiod t ndleig: Ma vch :31 romidalioa SlalusClassilicallon: 370(h)(1)(A)(A) and 509(a)(1) Advance Ihiling Peelod Cads: Match 3:1., ':10113 Person to contact: %.acl►el.;y /cll contact Telephone fJun►her: It Oli- 221-11 51.6 F.L.1e holder k1limbe1: 580003625 Based on inrormal.i.on supplied, and assuming your oporaLlons will bo as sLnLecl in your appl.icaLlon for roung" . an or exompL.i.on, we have doLorm.ined Volt are oxoml,l, from Federal. .income Lax tinder sooLlan 50:1(c)(3) of 1,he InLernal Revenue Code. Bacausn you are a nevily c:realed orl,ani.•r.aLlon, vie are not. lour hint i.n1, a rillal deLerminal.lon or your MuldaLlon :.:LO= under socLlon 509(a)' or LI►e Code. Mover, we have, doLermined l.hal. you call reasonably ho exl)ecLed Lo l,(t a pul,.lial,y sul)l►orLod orj,,an1:.aLJ.on dc:;cri.lt(!ct in nuclDmi 11100))(1)(A)(v.i.) and 509(a)(1). Accordingly, you will be L real Led as a pubs i.c.l.,y a"ppo r Lod o rl,,an i.zation, and not. an a Ilr1vaLe foundaL.i.on, (luring an advance ruling period. This ,ulvnucu ruling ponied hngi.ns on Lhe Me or your inception and ends on Me daLo shown above. WLLhLn 90 days af'Lor Lho and or your advanco rul Lng 1 viod, you must. submit. Lo us i.nrormaLion needod Lo doLormine wheLhor you have met, Lhe rodui.remonI's of We al)lll.i.cable support. Lest during Lho ndvnmen ruling period. it you eslallli.sh Lhnt. you have been a I)ul,.11c.l.,y s;upporLed orgnili.zaLlon, you will be carl:;si.l'.ied is a sec Lion 509(n)(1) or 509(a)(2) organi.:,a.l.i.orl ar; long ns you conL.i.nuo Lo moot. Lhe requirements of Hle applicable support, Lost.. 1.' you do noL moet. Lho public: support, reduirovionLs duri.rig Lho ;idvnnco ru.L.ing period, you will he c.lassi.f.iod as a pri.vaLo fouudatJou for fuLurc periods. Also, it you are c.lassiried as a privaLo foutidnLion, you will he LronLed as a pri.vnLo roundaLi.on from Lho dale of your .i.ncetMon for Intrposos of sections 507(4) and 4040. Crant.ors and donors may roly oil Lhe doLorm.i"Mon Lhat. you aro not. a priv;lLo foundaLlon unLi1 90 clays aver Lho end of your ndvnnco ruling period. it you sulm►.it. Me required inrormat.Lon vii.Lhi.n Lhe 90 clays, gvanLors and donors may eonLinuo Lo ro.l.,y oil Lho advanco cto Lo rm hIa L.1 oil kill Li .l. Lho Service mattes a 1' heal. do Le rm i na L i on of' your rounc atJon aLat.u.s. Ilowover, .i.r not,luo LhnL you vii.l.l. no :Longer be Lro; Led as a soo(Joil x. orf,aniraLlon .i.:; puM.irdiod !it Me JAiLernal. Rovenuo 11u1.MO, l,r;u►Lors and donor::: may not, roly on Lh.i.s doLormi.naL.lon arLor Lho daLe of such publ.icnUott. Alsu, a grauLor or donor may not, rely on Lhis doLorm.i.naL.ion if' I►r, or she was .lr► p;►r•1. rospo lsil ie for, or was nwaro or, Lho auL or (';lt.lure Lo ncL MO. rosul.Lod in your .l.o.:s or snuLlon -s LaLus, or acquired knoviledt;n Lhat. Lhe :l:nLernal Rovcnuc Sorviuo had lJvon nol.i.co Lhal. ,Volt would I:c: r•eewvrd f'l•oni Qn:,si.f.i.caLlon us a socl.ion x. organ.i::;Mon. 275 Pnachtieo Street, N.E;., Atlanta, GA 30043 Letter 1045(UO) (6 -77) 1 x. :l, /o(h)(:L)(A)(v:i.) iuul 09(n)(1) If your sourcos of supporL, or your purposes, chardcLor, or method of oporaLion chango, plot ►so loL us know so we can con sidor L1►o offocL or Lho change on your oxompL MaLus and foundation sLnLus. Also, you should inform its of all changos in your nano or addro . Conorally, you are noL I.1ablo for :social. sr.curiLy (FIC" Laxes Mass you Pilo a waiver of oxempL.lv.n corLil•.icaLo as provided in Lho Fodoral I'nsuranco Con LOW Lions Ac L. II' you havo Imid FICA Laxos wiLhouL filing Lho waiver, you .:should call us. You are noL iinble for Lho Lax imposod under Lho Moral Unempl.oymonL Tax AQ (FUTA) . OrgnnizaL.lons LhnL are noL pri.vnLo rounclaLions are noL subjocL Lu Lho oxciso Laxas under ChapLor X12 of Lho Code. llowovor, you are noL .u►LomaLiczil.l,y oxompL from oLhor Fodoral. excise Laxes. If you have any cluosLions abouL oxciso, 'amploymonL, or Mar Federal Laxos, p.l.easo toL us know. Donors may AWL con L vibu Lions Lo you ns providod .1.11 sec L ion 1.70 of' Lhe Code. IlocluosLs, lognc.ies, devises, Lransfors, or gins Lo you oi• for your use are doducLibia for Federal. WaLo ;tnd g1rL Lax purposos .i r May mnaL Lho applicable provisions of socLi.ons 2055, 2106, ar►d 2522 of the Code. You are required Lo ri.lo form 900, RoLurn of OrCanWiLi.on LxempL lion► Income Tax, only i.f your gross; rocoipLs ouch year are hormnl.ly more Lhan $10,000, If it ro Lu rn is required, i.1. mus L ho filed by Lhe 15 L1► clay or Lho f i f Llt mon Lh n f Lo r Lhe and of your annual accounLing period. The law imposes a ponalLy of 11,10 a clay, up Lo a maximum of 11,:3,000, when a Murn is filed la Lo, unless Lhoro is reasoaiablo cause for Lho dolay. You are noL required Lo fi..l.o Fedoral income Lax reLurns unless you are subjacL Lo the Lax on unrelated business i.ncomb *undol• sec Lion 511 of Lhe Codo. If you are subjocL Lo Lhis Lax, you musL file an income Lax roLurn on Form JJO -T. In Ulls loLLor, we aro noL doLormining whoLhor any of your prosonL or proposed acL.iviLlos aro unrolaLod Lrado or businass as defined in scoLion 513 of Lhe Code. You noed in employer idonLificaLion immbor evon if ,you have no employees. 11' an omployor i.donLil'i.caLion number was noL enLored on your application, a numbor will bo assigned Lo you and you will he advised or i.L, Please use LhaL numbor on all. reLurns you file and in all corrospondenco w!Lh the I:nLernal Rovenue Service. Because Lhis laLLov could hole resolve any cluesL.ions abouL your exampL sLatus and foundalJon sLaLus, you should troop i.L 'ill your pormanont. records. If you have any duos Lion ,, please conLacL Lho parson whose namo and Lel,Amno number are shown in Lho heading of Lhis loLLer. Eiiclostires: 990, cliedu:l.c Al' & 11VAx'LICU.011s Sincerely yours, I)I c. 1)lreclo� q l � 1_cller 1045(DO) (G -77) BRIEF BIOGRAPHY OF EXECUTIVE DIRECTOR ELOY VAZQUEZ The hispanic heritage Council, Inc. is a Non for Profit corporation duly registered under the laws of the State of Florida and the Internal Revenue Service (501 —c -3). Its Executive Director is Eloy Vazquez. Eloy Vazquez was born in Spain and has been living in Miami for the last 30 years. Ile is a university graduate in Business Administration. Because of his large experience in special events and the IIispanic market, Vazquez has been invited as a speaker by prestigious associations such as the International Festival Association, The Special Events Association, the Public Relations Society of America, The Miami hispanic Media Conference, Kiwanis Club, Lions International and many others. In 1973 Vazquez founded the Hispanic heritage Festival, a yearly month long celebration of Hispanic culture held in various sites throughout the Greater Miami area. Today the IIispanic Heritage Festival is considered one of the top ten IIispanic events in the USA. Attendance to the III1F is close to half a million. Due to the many years of experience in handling large events, Vazquez was contracted by Disney World as Festival Manager in charge of folkloric groups for the inaugural ceremonies of Epcot Center in Orlando in 1982. Lt addition, Vazquez was the entertainment producer for the American Society of Travel Agents International Convention and for the Southern Governors Conference. In 1984 and 1985 Vazquez was Local Talent Chairman for the Miss Universe and Miss Teen USA Pageants providing entertainment and folkloric groups for the shows. Ile also leas been contracted to coordinate VIP receptions on the Caribbean and Latin America Conference attended by heads of governments, prime ministers, members of the consular corps and local elected officials. In 1986 Vazquez was appointed Executive Director of the Discovery of America Quincentennial Committee whose most important celebration has been the visit of the Columbus' carabel replicas to Miami, their first port of call in the United States. In addition, more than 59 Quincentennial projects were coordinated by Vazquez. Other projects include the Official Opening of the AT &T Amphitheater. HISPANIC HERITAGE COUNCIL, INC. OFFICERS 2000 CHAIRPERSON Beba Luzarraga Manager Hispanic Market Community Relations The Miami Herald /El Nuevo Herald One Herald Plaza Miami, FL 33132 VICECHAIRPERSON Irene Arencibia Director Clinical Resource Analisys Baptist Health Systems 8900 N. Kendall Drive Miami, Fl. 33176 -2197 INM. PAST CHAIRMAN CHAIRMAN ELECT Gerardo Simms Gustavo Z. Alfonso Assistant U.S. Attorney Manager Corporate Affairs U.S. Attorney's Office AT &T 99 NE 4 Street 9100 S. Dadeland Blvd. Ste 1410 Miami, FL 33132 Miami, Fl. 33156 SECRETARY VICE- SECRETARY John F. Pierce Raquel Switzer Director of Marketing President Florida Marling Switzer & Switzer PA 2267 NW 199 St 1390 S. Dixie Hwy Miami, Fl. 33056 Coral Gables, Fl. 33146 TREASURER VICE - TREASURER Irela Diaz Alan Sanchez President Vice President The Basket Emporium V.R.M. 5130 SW 5" Ter 9100 S. Dadeland Blvd Miami, Fl. 33134 Miami, Fl. 33156 HISPANIC HERITAGE COUNCIL, INC. STAFF EXECUTIVE DIRECTOR Eloy Vazquez 4011 West Flagler St., Suite 204 Miami, Fl. 33134 (305) 541 -5023 ASSISTANT DIRECTOR Eduardo Mendoza 4011 West Flagler St., Suite 204 Miami, FL 33134 (305) 541 -5023 HISPANIC HERITAGE FESTIVAL FESTIVAL OF THE AMERICAS 2000 BUDGET REVENUE Corporate Contributions Cash $150,000 In -Kind 90,000 Contract Services 25,000 Government Grants 15,000 City Grant Request 10,000 TOTAL REVENUES $ 290,000 EXPENSES Artistic Expenses Performers Fees $74,500 Police, Cleaning 10,000 Security 2,000 Administrative Expenses Personnel -In house 5,000 Personnel- contracted 15,000 Technical Production Expenses 20,000 Rental of Stages, Tents, Sound 30,000 Signage 3,000 Travel Transportation of Performers 15,000 Marketing & Promotion Advertising 95,000 Design & Printing 8,000 Postage & Mailing 500 Fundraising 2,000 Insurance 6,000 VIP Reception 4,000 TOTAL EXPENSES $ 290,000 • The amount requested from the City of South Miami is to provide kind services (police, cleaning and waiver of fees ). HISPANIC HERITAGE FESTIVAL Promotion & Publicity Campaign The Hispanic Heritage Council publicizes the Festival through a multimedia, comprehensive promotional campaign which includes the following: 5,000 official posters (with calendar listings), 15,000 brochures and 30,000 souvenir programs are published and distributed at Festival events, media, national PR and advertising agencies, tourism offices, schools, consular offices, hotels, airlines, GMCVB, all local and national sponsors, etc. These promotional materials include calendar and /or editorial information on all our events. In addition, 75,000 copies of a special advertising section by Diario Las Americas dedicated exclusively to the Festival is published and distributed each year one week prior to the beginning of the Festival. Also, 100,000 copies of a 10 -page Festival supplement is published by Editorial Televisa, the national Hispanic magazine network circulated in the United States and Latin America, and inserted in the October issues of Cosmpolitan (in Spanish), Vanidades, TV y Novelas, etc. Different English and Spanish press releases as well as calendar listings are disseminated to local, national and international news media prior to the event and a general mailing with photographs is done in June and July to all local and national monthly travel publications. The Hispanic Heritage Council also works closely with the local English and Spanish radio and TV affiliates. In 1998, the Festival received 670 TV spots, 1050 radio spots, and over 200 local, national and international newspaper and magazine articles. TV stations which ran promotional spots and talk shows on the Festival included Channels 7, 17, 34, 41, and 51 as well as Media4ne/Miavision and TeleMiami Cable Network. Radio stations which ran spots included AMOR 107.5 FM, WQBA- AM &FM, Radio -Nfambi, Radio Caracol and Radio Paz. Channel 51 also produced a special 1/2 hour program of all the Festivals events for the South Florida (Broward, Dade and Monroe counties) market. This program was aired on two occasions. A press conference is also held in September in which English and Spanish media professionals are invited to attend and timely information on the Festival is distributed. An example of the effects of our national and international promotion and outreach is the entries received for our National Poster Contest from various cities statewide as well as from California, Texas, New York, Massachusetts, Louisiana, Kansas & South America. More importantly, the Festival attracted more than 50% tourists to last year's major outdoor event as a result of all the above - mentioned promotion. SPONSORSHIP BENEFITS FOR THE CITY OF SOUTH MIAMI As a sponsor, the City of South Miami will benefit as follows: • Opportunity to attract Miami Dade residents and tourist to visit the City of South Miami and, consequently, benefiting the businesses in the area resulting in a considerable economic impact. • City of South Miami logo displayed on all musical and folkloric stage banners. • City of South Miami live mentions from all stages during the event. • South Miami name on 15,000 Festival brochures to be distributed throughout airlines, hotels, festival events, media, schools, US Consulates, etc. • South Miami name on 5,000 Festival posters to be distributed in the same manner as above. • South Miami name and Greater Miami /Beaches logo in 30,000 Festival Souvenir Programs distributed in the same manner as above. • Diario Las Americas (circulation 75,000) as well as Editorial 'felevisa, the international Hispanic magazine network, will each publish 15 -page special section dedicated to the Festival. City of South Miami name will appear as a sponsor in each special section. • City of South Miami logo in two ads in The Miami Herald promoting Festival of the Americas event. • City of South Miami logo in four ads in El Nuevo Herald for same pu►-pose. • City of South Miami logo in live ads in Diario Las Americas for same purpose. • City of South Miami logo in ad in Acontecer Colombiano. • City of South Miami logo on one ad in El Venezzolano • City of South Miami logo on one ad in Imagen Latinoamericana. • City of South Miami logo on one ad in El Sol de la Florida. • City of South Miami logo in 60 spots on Channel 51. • City of South Miami logo in 60 spots on Channel 41. • 50 Complimentary tickets to Hospitality Tent. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DA E: October 17, 2000 FROM: Charles D. Scurr SUBJECT: Agenda Item# City Manager Trash Truck Lease REQUEST The attached resolution seeks authorization to enter into a lease agreement for a trash dump truck to be used in the daily trash collection service. The proposed lease is for a five -year period at a total cost of $58,924.00. The FY 2000 -01 amount is $13,381.69 and will come from Account 01- 1760 -519 -4455, Lease Purchase- Trucks. BACKGROUND The five -day per week trash pickup service requires the deployment of four trash dump trucks each day (during rare "slow" periods three may be deployed). A spare truck is indispensable to address equipment breakdowns and allow for proper preventive maintenance. The trash collection operation therefore requires that five trash crane trucks be available. A recent serious accident has rendered one of the trucks inoperable and its repair not cost effective. The five -year lease will be have annual payments of 13,381.69 with a total cost of $66,779.55. The truck may be purchased by the City for the amount of $1.00 at the end of the lease period. The above lease terms are based on the 2000 State Contract no. 070 - 700 -230. The amortization rate in this lease is 6.79 percent. Payments are to be made in advance (upon delivery of vehicle) with annual disbursements on this lease to start in Fiscal Year 2001 -02. Funding for this expenditure will be provided in from account no. 01- 1760 - 519 -4455, Lease Purchase — Trucks, which has an account balance of $47,029. CONCLUSION AND RECOMMENDATION Our goal to maintain a high level of trash collection service requires the addition of a new trash truck. The recommended lease program spreads out the cost of obtaining this equipment while benefiting the City almost immediately by having the equipment available in the next 90 to 120 days. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ATLANTIC TRUCK CENTER FOR THE USE OF A TRASH DUMP TRUCK TO BE PAID IN FIVE ANNUAL INSTALLMENTS OF $13,381.69 FROM ACCOUNT NO. 1760 -519 -4455, "LEASE PURCHASE TRUCKS ". WHEREAS, the City's daily trash collection service requires the deployment of four trash dump trucks on a daily basis, and; WHEREAS, one of the trash trucks is nearing the end of its useful life as a front- line piece of equipment, and; WHEREAS, the replacement of this vehicle is imperative in order for Public Works to continue to provide reliable trash collection service by improving the reliability of the equipment, and; WHEREAS, the Public Works Department has identified a favorable equipment lease program based on a State bid. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. A five -year lease contract with Atlantic Truck Center based on annual payments of $13,381.69 to be paid in advance has been identified based on State Contract No. 070 - 700 -230. Section 2. The City Manager be authorized to make the first of five payments in during fiscal year 2000 -01 to Atlantic Truck Center. Section 3. That this resolution shall be effective immediately after adoption. PASSED AND ADOPTED this 17th day of October, 2000. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 06/12; nr 13: 40 FAX 6304356$72 SPECIAL PROUT(TS MBCC - national Truck Office Municipal Lease Quote June 12, 2000 City of south Miami /Atlantic Truck/ge Contract Term Municipal Rage for deliveries or contracts prefunded within thirty days Payment Factor Paymbrrt Municipal Rata Lock for deliveries or contracts funded within 90 days Payment Payments In Advance Annual Payments with $1 Buyout 5 Years o.2268S $113,35&71 6.79% 0002 Payments In Arrears Annual Payments wRh $1 Buyout 5 Years 6.73 (1.24246 $14,286.71 _�— _J 6.891°10 $ 13,381.69 $ 54,328,71 I M E N T I N F 0 R M A T 1 O N Sales Price $58.924.00 Days to EsUmated r ;osari 'on Days to 0- iv Q Funding Prefund Disc. $0.00 Trade In 30.00 pCwn Payment $0.00 Sterling Truck 90 1 80 Finance Amt $56,924.00 •8aaed on 100,5 advance b^LF This proposal is for Lease - Purchase only and is subject to: 1. Completion of mutually acceptable documentation. 2. A review of the proposed essential use of the equipment and a final credit approval prior to funding. 3. No material adverse change in the financial condition prior to funding. 4. Receipt of a copy of the last years' audited fin2nc121 statements and the current year budget. I 5. No change In Federal or applicable state or local tax law, regulations, case law, rulings, or other Interpretations by the Internal Revenue Service that would affect adversely any Federal, state or local tax benefit assumed in determining the above proposal. G. That the interest portion of the payments to be made under the Lease - Purchase agreement shall be exempt ! from Federal Income taxes under section 103 of the Internal Revenue Code. .I SOUTH MIAMI CITY OF PO BOX 1 SOUTH MIAMI FL 33333 Tld $TmiRL -i \IG T K Y C K 5 SUMMARY QUOTATION 09 -27 -2000 Page 1 of 1 ATLANTIC TRUCK CENTE 2565 W.ST.RD. 84 FT.LAUDERDALE FL 33312 1- 954 - 587 -8220 PREPARED BY: GEORGE&DREW ELLISON Quote ID: SOUTH6 (Prices in U.S. Dollars) EQUIPMENT Total 1 M8500 MEDIUM CONVENTIONAL . ............................... $ - -- -58924 TOTAL EQUIPMENT PRICE .... ............................... $ - -- -58924 FET........................ ............................... $ 0 TAXES....................... ............................... 0 FEES........................ ............................... 0 Other....................... ............................... 0 TOTAL OTHER CHARGES ...... ............................... $- - - - - -- 0 TOTAL QUOTE ........... ............................... $ - -- -58924 2000 STATE CONTRACT# 070- 700 -230 APPROVAL: Please indicate your acceptance of this quotation by signing below: x � � Customer Date Y+a►u' tI LiRq-- Tl-k4a WzIy ' q_- WC>rl<. r L v CITY OF SOUTH MIAMI CITY MANAGER'S OFFICE TO: Mayor and Commission DATE: 10/12/00 FROM: Charles Scurr RE: Abenda item 4 City Manager Demolition of an unsafe structure REQUEST Authorization for the disbursement of $8,175.00 from Account No. 001- 0000 -341 -9040 "Code Enforcement Fines" for the demolition of an unsafe single family residence at 5709 SW 62 Avenue. ANALYSIS On September 20, 2000 the Miami Dade County Unsafe Structures Board found this structure to be unsafe and ordered that the building be demolished. The Finance Department has recently received proposals from three Demolition Contractors for the demolition of a structure at the Open Space Park. The City is proposing to "piggyback" on the bids received in order to expedite the demolition of this unsafe structure. The lowest bidder has been selected for the demolition of the building and hauling away of all debris from the premises. The account Balance is $8,175.00. RECOMMENDATION: Approval is recommended. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO DISBURSE THE SUM OF $8,175.00.00 TO 7 ABSOLUTE DEMOLITION, INC. RELATING TO THE DEMOLITION 8 OF AN UNSAFE STRUCTURE AND HAULING AWAY OF ALL DEBRIS 9 AT 5709 SW 62 AVENUE IN THE CITY OF SOUTH MIAMI AND 10 CHARGING THE DISBURSEMENT TO ACCOUNT NO. 001- 0000 -341- 11 9040 "CODE ENFORCEMENT FINES ". 12 13 14 WHEREAS, the Building Official posted this building as an 15 Unsafe Structure under Section 202 of the South Florida Building 16 Code on August 9,2000 and ordered the building demolished as 17 prescribed under Section 202.10(e) of the South Florida Building 18 Code; and 19 20 WHEREAS, on September 20, 2000 the Miami Dade County Unsafe 21 Structures Board upheld the order of the Building Official and 22 ordered that the structure be demolished; and 23 24 WHEREAS, the Finance Department has recently received three 25 bids from demolition contractors and has selected the lowest 26 bidder, Absolute Demolition, Inc. to demolish the structure and 27 haul away all debris from the premises. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The City Manager is hereby authorized to disburse 33 the sum of $8,175.00 to Absolute Demolition, Inc. 34 35 Section 2. This resolution shall take effect immediately 36 upon approval. 37 38 39 PASSED AND ADOPTED this day of , 2000. 40 41 ATTEST: APPROVED: 42 43 44 45 CITY CLERK MAYOR 46 47 Commission Vote: 48 READ AND APPROVED AS TO FORM: Mayor Robaina: 49 Vice Mayor Feliu: 50 Commissioner Russell: 51 Commissioner Bethel: 52 CITY ATTORNEY Commissioner Wiscombe: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission FROtn: Charles Scurr City Manager REQUEST DATE: September 28, 2000 SUBJECT: Agenda # Commission Meeting October 3, 2000 Open Space Park Structure Demolition The attached resolution seeks the approval for Absolute Demolition Inc., to demolish the single dwelling house and remove debris located at Open Space Park. BACKGROUND The concrete block structure (CBS) building has been determined to be unsafe i due to structural deficiencies and asbestos. Given the type and extent of these deficiencies, correcting them is not cost effective. The Parks & Recreation Department, and Building Department have determined that demolition of the CBS building located at the Open Space Park is the best option. Bids have been obtained from contractors specializing in this work. They are listed as follows: Absolute Demolition Inc. $ 6,444.00 Wildcat 5101900.00 E.E. & G S151692.00 The lowest bidder is Absolute Demolition Inc., at $ $6,444.00. The proposal includes asbestos abatement, wet demolition, the saving of existing coral rock and hauling away all debris. Funds for this project will be allocated from account number 001- 0000 -131- 8010, "Safe Neighborhood /Open Space Park Grant ". Estimated balance is $36,810.00. I recommend approval. 10/13/2000 11:27 3056677806 ,Jet 13 00 12:03p CELY GOnZRLE., . ABSOLUTE DEMOUTION, INC. 14740 S.W. 83 PLACE MIAMI, FL. 33158 CITY SO MIAMI PURCH 305- 969 -1320 PAGE 02 p.2 305/%9 -3644 305/969 - 1320 ?;Ax PROPOSAL /CONTR kCT Ober 13, 2000 Attaaoo: Kathy vsrquet City Of South Manx 305- 663 -6339 6130 SW 72 Street 305 -669 -7805 Fax Mami Florida 33143 RE: ST@9 SW 62 Ave. We fevcbY submit Ra6cet om and estimate for the w= of Seven'1Lowaad Seven Hundred And Twenty Five $7,725.80 Payment to be =a& as to &ws: 301/o Deposit, rcmunder duo full upon comtpleucia. scope of wvdc: Total demdMan and rwwW of (1) ra idea6al strua e, to induce wa11 to the ca W on the nmth aids of house;_ one septic aad chain field, slab and fbw atinn. HauUug sway all denschti n debris, lemi4 arcs rough graced wlth dozer. SOCUMS neoeesacy demolmon pecr=c and utility disconnection. Sccurmgneeesaary plumbing chumcnectian and permit. Ahnuate 01: Asbestos Survey. G.CJCh ner to provide: F9ho numbers for petmit prooeesAttg. ExdMians: 1. Asbatm survey saWor removal. 2. Iietnovat o(Haz -NX (i.e. f von, PCB's, lead etc.). 3. xdoartion or repair of any utilities. 4- .Filling of depreaeim or placing of any c ornate material s. & Treg Ranoval. • lrabeawr �aa�vMteuv r.gdtr.e grow �ty..6aad.a ro®i.ua„,.+at+iw�t e�at�c to b a�utl.t.d. 5450.00 10/13/2000 11:27 3056677806 CITY SO MIAMI PURCH PAGE 03 ,Oct 13 00 12:09p CEUY GONZRLEZ 305 - 969 -1320 p.3 is W..,�c is ieo n*arrsy%r Ab.duee Dmo}iioa, kx- ta=UQa MY Ag& i ooy Gam Qq d sad% Mind by kag *aim.017 of %o h b2& ,j a.r.. tor�.e *11 dM.ak+. amemien, r.a e*A, aa *aem.�r* f.... s tbevil � �..n...3.r.ir, *.w.if a. aayood* ioa.q+o�.....scrad vdh ugh Acku. Submitted by: Todd Mdpwd, President Absolute Aemdit on, Jac. Accepted by: city of naafis Miami v CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles D. Scurr City Manager r 4� REQUEST DATE: October 11, 2000 SUBJECT: Agenda # Commission Meeting October 17, 2000 MBCC National Truck The purpose of this memorandum is to recommend the approval of the attached resolution to enter into a five -year lease with MBCC National Truck Office for a 2000 Ford F250, 4X2 regular cab pick -up truck. BACKGROUND & ANALYSIS The Parks & Recreation Department is in great need to update the current truck that is being used on a daily basis. The supervisor of Parks & Landscaping Division uses this vehicle for all daily duties encompassing the City of South Miami. The truck is 10 years old, and has had numerous repairs. We plan to use the old truck as long as we can, and look forward to the addition of this second and very much needed vehicle! The addition of this truck would allow for a mobile crew to visit and inspect all City parks on a daily basis. MBCC National Truck Office would provide a lease agreement for 5 years and at the end of that time, the Parks & Recreation Department would have the opportunity to purchase the pick -up truck for $1.00, as per lease agreement. The City has sought various companies to supply different types of leases, and this company has been the best all around. Leasing cost for the above mentioned, would be $6,480.00 per year. Funds to purchase /lease this vehicle would be disbursed from account number 001 - 2050 - 519.4455, "Lease Purchase Trucks ". Available account balance is $6,655.00. RECOMMENDATION Approval is recommended. Commmion Tmck Dm.g MCC NW mzd :UW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 19 46 47 48 49 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MBCC NATIONAL TRUCK OFFICE, FOR LEASING A TRUCK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2050- 519.4455, "LEASE PURCHASE TRUCKS ", FOR AN AMOUNT OF $6,480.00. WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, The vehicle being utilized by the supervisor of the Parks and Landscape Division is 10 years old: and WHEREAS, The City has contracted with MBCC National Truck Office; and WHEREAS, Utilizing this company would provide us with a 5 year lease agreement and option at the end of the lease to purchase; and WHEREAS, The City of South Miami Parks & Recreation Department is in great need of a new vehicle. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be established to MBCC National Truck Office in the amount of $6,480.00 and charging account number 001- 2050- 519.4455, "Lease Purchase - Trucks ". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October 2000. ATTEST: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY MBCC Nsiorul Track Office 2OU0.2001 Doug �w JUN- 1 -00 THU 2.33 PM GEORGE-►ELLISON FAX NO. 1 407 8623249 P. 9 uo /ul /uu 14:ul lA.t BOU44 /Z DMULAL rAUVL1V1b 1(�JUU1 Contract Term MBCC - National Truck Office Municipal Lasso Quote Quote Date 6101/2000 City of South Miami payments In Advance Annual Payments with $i Buyout 5 Years �V oars Annum PAYMOMs With 51 Buyout rJ Ye8r5 tntorest rate for dellveriet and contracts F— 'I fundod by.lune 30, 2000 jw 6.4n.2 6.50 °k 1 - I Annual Payment Amount $6,480.19 - -- $6,904.58 I N- _F -- - 0 R M A – _ T 1 O N �Wnti tY Est. Delivery Amount Finegged F250 Ford Truck w /Lift 1 612000 s2s,695.00 Equipment Price 9= DownPayment sza,esa.00 proposal is for Lease - Purchase only and Is subject to: . Completion of mutually acoeptable documentation. A review of the proposed essential use of the equipment and a final credit approval prior to funding, No material adverse change in the financial condition prior to funding. $4 Recelpt of a copy of the last years' audited financial statements and th9 currant year budget. 5. No change in Federal or applicable 9ta,to or local tax law, roguiations, case law, rulings, or other interpretations by the Internal Revenue Service that would affect adversely any Federal, state or local tax benefit assumed in determining the above Droweal. That the interest portion of the payments to be made under the tease - Purchase agreement shall be exempt from Federal ome taxes under section 103 of the internal Revenue Coda. NOTS: There are NO Acquisition or Up Front Fees No Pre - Payment PensI06 lease Purchase contract will not be sold off to Investors Contract administration and aervicing will be maintalred by MBCC Toll free: 1.888- 763 -7626 Phone: 407 -862 -7408 Quotation Ford F -250 Super Duty 2000 Ford F•250 4x2 SD Regular Cab 137" WB.H❑ XL_..._ Description Vehicle Price (excluding Package Mcounts) Vehicle Subtotal 1 Option Discounts Other (Discount) Total Discounts and Other rebates Net Selling Price Destination Total Quote $26,245.00 Total $26,245.00 Customer Signature Acceptance Date Prices and content availability as shown. are subject to change and shoufd ba treated as estimates only. Actual base vehicle. package and option pncing may vary trorn this estimate because or spatial local pricing availability or pricing adjustments not reflected in 1110 dealers computer system. See salesperson fer tha most current Information. Reference CT05201182 12 -27 -99 Page 3 ocr- 9 -00 M, JN 7; 30 411 GEORGE -Ei LIS0`11 Selected Options Continued 2000 Ford F -250 4x2 SD Regular Cab 137" WB HD XL F:� �1" _. 1 407 8623849 P.. 3 Prepared For: PEDRO Prepared say: GEORGE &DREW ELLIS Dealership: ATLANTIC TRUCK CENT Code Description . Class MOD OPTION FOR 1,000# TOMMY GATE $2,450.00 Sub Total 531 Less: Package Discount OPT Total Vehicle price _ Prlces and contant availability as shown, are subject to cnanga and should be vested as esttrnal ody pdcing may,rary from this estimale because of special local pricing a raaab i�N or v 9 n9 ��us V Selected Options I oil free: 1-000- 10d -ro[o 1"Ufle: 4U!- 862 -14Ud Ford F -250 Super Duty 2000 Ford F -250 4x2 SD Regular Cab 137" WB HD XL Code Description _ Class F20 Base Vehicle Price STD 201 Payload Package # 1 STD ' Includes 8800lhs GVWR. T35 Tires: l-T235185R16E AS BSW STD V HD Vinyl Full Bench Seat STD 137 137" Wheelbase STD STLWHL Wheels: Steel wlBlack Center Ornament STD 47Z Ambulance Prep Package Not Required OPT Required on aAordlers not des&W for ambulance use. 600A Series Code 600A OPT Carpet Delete, Radio: ETR AMlFM StersowiClock, Dd%r & Passenger Airbag, Argent Rear Step Bumper, Spare Tire Lock, Tire: Spare, Front Tow Hooks 449 Transmission: Elect. 4- Speed Auto OPT PRNDL In Instrument Panel 99F Engine: 7.31- V8 DI Turbo Diesel OPT (X31) 3.73 Aide Ratio, Dual 78 AH Batteries, (41 H) Engine Block Heater, 110 Amp Alternator X31 3.73 Axle Ratio INC 41H Engine Block Heater INC Recommenced when min. temp. k: -10 degrees F or below. 531 Trailer Towing Package OPT Front Stabilizer Bar Includes 7 -wire harness, trailer brake wiring kit and Trallor Tow Guide. includes 7 -pin connector unless rear bumper del-te is ordered. NOTE: Salesperson's Source Book or Ford RV TrMfor Towing Guide shcold be corlsuRed &Y spec& trailer towklg or camper rrmgs and corrospor>dng required .aqurpment axle ratios and modal avaiability. 572 Air Conditioning OPT 54D Manual Telescopic Trailer Tow Mirrors OPT Includes manual glass. 361 Predelivery Only OPT MOD PREDEUVERY SERVCIE MOD STROBE LIGHT ON POGO BEHIND CAB Prices and content availability as shown, are subject to cnanga and should be Treated as estimates only. Actual basa oehicts, package and pricing may vary from this estimate because of spe,:ial local pricing availability or pricing adjustments not reflected in fire dealsrs compute See salesperson for the most current Informatlon. Reference CT052o118212 -27 -99 Printed on June 01, 2000 at 11:06 am PrICe Level: 019 Quote ID: PEOR06 Pago 1 x I �A� 0 1, v TO: Mayor and City Commission FROM: Charles D. Scurr City Manager The Request DATE: October 17, 2000 Re: AGENDA ITEM # Lt Dental Insurance The attached Resolution seeks the City Commission's authorization to award the contract for dental insurance for the City of South Miami to American Dental Plan. Background and Analysis In an effort to provide better benefits to City employees, bids were requested for dental insurance. Our Agent of Record solicited bids from different companies. Of these companies, five companies listed below responded: Blue Cross Blue Shield/Florida Combined Life Guardian Safeguard American Dental Met Life A Committee was established to review the proposals. The Committee consisted of the Agent of Record, personnel manager, and employee representatives for the PBA, AFSCME, and general employees. The Committee has completed it's deliberations and has unanimously recommended the selection of American Dental Plan. The Committee considered many factors including network of physicians, scope of services and cost. American Dental Plan appeared to have the highest qualifications and benefits. Currently, the City pays a fixed amount of $11.36 per employee for dental coverage, the additional cost is paid through the employee. Two options are offered, a Prepaid Dental and a PPO Dental option. The cost to the employee with American Dental Plan's proposal is lower than the renewal rates quoted previously by Prudential. These rates are as follows: Prudential Traditional /Dual Option Employee $20.90 Employee + 1 $42.19 Employce/Family $58.92 American Dental Plan DMO PPO Employee $12.36 Employee $25.22 Employee + Spouse $23.48 Employee + Spouse $50.90 Employee + Child(ren) $2490 Employee + Child(ren) $56.74 Employee + Family $31.02 Empl + Family $90.96 Note: Optional Vision Care is provided to the employee and their family. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN DENTAL PLAN TO PROVIDE GROUP DENTAL INSURANCE FOR CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES. WHEREAS, in order to ensure adequate dental insurance for City employees and their families, the City has found it necessary to seek an insurance plan that will provide quality coverage; and WHEREAS, the City's Agent of Record has solicited proposals from five (5) companies on the group dental plan; and WHEREAS, proposals were received from all five companies; and WHEREAS, a Committee was established and has made a recommendation, in a report which is attached hereto and made part of this resolution; and WHEREAS, the Agent of Record and the City Manager are recommending that American Dental provide dental group coverage for all full time employees; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to execute contract with. American Dental Plan for the group dental insurance. Section 2. The contract shall be effective the earliest date allowed by the carrier through , 20 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: 14 : OT1. CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: October 13, 2000 From: Charles D. Scurr City Manager/ rcz"l f!P REQUEST Agenda Item Commission Mtg. 10 /17 /00 Re: Special use approval 4016 and 4020 SW 57t" Ave. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF TIIE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "GR," GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57T1'AVENUE. SUMMARY OF REQUEST: The applicant is requesting a Special Use Approval to operate a general restaurant, Delicias de Espana, at the above referenced location. The site is at the southwest corner of S.W.40 Street (Bird Road) & S.W. 57 Avenue. The proposed casual general restaurant featuring a full course of Spanish cuisine is located in an existing one story retail building facing S.W. 57 °i Avenue and will occupy a total of 3,254 square feet. The facility will have 20 seats and will serve beer and wine. Hours of operation are from 7:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 6:00 p.m. on Saturday and from 7:00 a.m. to 3:00 p.m. on Sunday. APPLICABLE REGULATIONS: The LDC, Section 20- 3.4(13)(4)(b), provides that special use requests 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. In addition, special uses may also be required to comply with the additional requirements, which are set forth in Section 20- 3.4(13)(4)(b). In the case of a general restaurant the following supplemental 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. (ii) No services of a drive -in or of a fast food nature shall be permitted (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and projects specifications for this special use permit. The requested special use must comply with the LDC requirements set forth in Section 20- 5.8(B)(1) 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. STAFF ANALYSIS: The proposed use is located in the "GR" General Retail district. A general restaurant is permitted with Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area for the customers. "Delicias De Espana" is an existing bakery and deli serving a variety of Spanish cuisine and occupies 2,034 square feet. The applicant is proposing to extend the existing bakery and deli by an additional 1,220 square feet, which will provide a dining area for twenty patrons. The proposed expansion will result in a total of 3,254 square feet with a parking requirement of one space required for every 100 square feet requiring a total of 33 parking spaces. In determining required parking, credit is given for the existing 2,034 square feet of deli @ 1 to 150 square feet and an additional 1,220 square feet of previously retail use @ 1 to 300 square feet, resulting in a credit of 19 parking spaces. A total of 14 additional parking spaces are required. Therefore, to comply with the parking requirement, the applicant has chosen to request a variance, which is a separate item number PB -00 -017 on tonight's agenda. Furthermore, the applicant intends to offer beer and wine, requiring a separate permit. This application does not conflict with the Comprehensive Plan. The following observations, form the basis for the staff's recommendation: 1) Applicant had been advised to resubmit revised plans indicating an enclosed air - conditioned trash room. Revised plans have not been submitted. 2) To date, the applicant has not been able to provide the required parking spaces. 3) The applicant's request to meet the parking requirements through a variance, under a separate application, is recommended for denial by staff. PLANNING BOARD RECOMMENDATION The Planning Board at its September 26, 2000 meeting adopted a motion (5 -0) recommending denial of the special use application. RECOMMENDATION It is recommended that the special use application be denied at this time pending resolution of the open items. The parking issue is discussed in a separate memorandum. Attachments: Draft Resolution Application /Letter of intent Property survey Site and floor plans Menu Copies of Public notices (2) Minutes of Planning Board Sept. 26, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. 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) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE AN GENERAL RESTAURANT IN THE " GR" GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT 4016 AND 4020 SW 57`' AVE. WHEREAS, Ernesto Llerandi, on behalf of Matthews - Jacobs Investments, L.C.. property owners of 4016 and 4020 SW 57'h Ave, submitted an application for a special use to allow a general restaurant to be located in a "GR ", General Retail zoning district specifically at 4016 and 4020 SW 57`f' Ave; and WHEREAS, a general restaurant is allowed as a special use in a General Retail Zoning District subject to meeting certain conditions specified in the Land Development Code Section 20- 3.4(B)(4);and WHEREAS. The approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, The Planning and Zoning Department staff recommended denial of the proposed special use; and WHEREAS, on September 26, 2000, the Planning Board voted 5 -0 to recommend denial of the special use request; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That a special use request to locate a general restaurant at 4016 and 4020 SW 57`h Ave. is hereby denied. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR r. City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Nfiarni, Florida 33143 Telephone* 305.663.6327; TelefacsirnUc:305.666.4591 Application For Public. Hearing Before Planning Board & City Commission Address of Subject Pr rty: Lot(s) Block Subdivision Meets & Bounds: pplicant: �,v�s� LGE ,voi Phone: ,fps — C� Representative: �i AC7.;� : Organization: ��Gf`(QS f�E LSpa,�Q Address: w Phone: /�A ?f-D,� = 669-- -9, -33( f5- �! Property Owner. �,Tature:x Mailing Address: Phone: f- — 7¢7 Pow Ss7z5 -7� Architect/Engineer. Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner — Owner's Representative Contract to purchase — Option to purchase _ enant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: inteRf Text Amendment to LDC /Comp Plan Variance _ Letter of +� Waiver of Improvements /Dedication —Waiver ,.Special Use —Justifications for change _Rezoning — Statement of hardship _ PUD Major Change —Other _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: — Contract to purchase • •. Current survey +` 7 copies of Site Plan and < < . • . f . . — 1 reduced copy @ 8.5 "x11" • • Required Fee(s) •, Section: Subsection: Page #: Amended Date: �. M(�,; U() ✓ . • :..Re undtts iQ has fe.2Q , on a &s completed application represents that the information and all submitted materials are true and correct tn'the test of the applicant's knowledge and belief. 20 / 1Cppilcx %- S19naturb aMitle Date. •jipon re�di� 6pplieatoM and all submitted materials will be reviewed for compliance with the Land Development Code and other • applicable regulations.: •Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE Y: 'Date Filed Date of PB Hearing Date of Commission Petition Require Peti j�n Accepted Method of Payment (i l �o N I November 4, 1999 LETTER OF INTENT ------------ - - - - -- In order to expand the existing Bakery -Deli to a restaurant, the parking for this expansion will be provided at 4100 SW 57th. Avenue, South Miami. The future restaurant will accommodate (20) twenty patrons, providing full course meals of Spanish Cousine and serving beer /wine. Cordially yours, ha Ernesto Llerandi Delicias de Espana. J November 1, 1999 South Miami, Florida A G R E E M E N T ----------- - - - - -- To whom it may concern: This document is an agreement between Miami Medical Center & Diagnostic Inc., and Delicias de Espana, Rivoelac Corp., in order to facilitate (8) eight parking spaces to Delicias de Espana, from 8:00 A.M. to 5:00 P.M. daily, then after 5:00 P.M. and on weekends they can use all the (16) sixteen parking spaces of this local. • Crj-:j7f-'1n�,Xuarez (director) Miami Medical Center and Diagnostic, Inc. 0000 • • • + 0000 • 0000. • 0 0 0 0 • Miami Medical Center & Diagnostic, Inc. -11 r-jacQ --- Ernesto L erandi (pres.) Delicias de Espana Rivoelac Corporation. ---------------- TC4­. _____L_0-C-A-T10N1 KE SCAL 7 351 fl lj C+c F od M, t b"., j Coo • S .3.T• Art. r -loft floor U•41• 4.1 I of —PI t to • C.t•.1•L.• 0/1 lot•t•, &.11atA4 t lot P•X• E R. 6:30VINELL 1& ASSOCIATES. Il,,,C I QS 3152 Coral way .:SKETCH tjo. 3, Phone: 446-3511 P,llami, Flor,d3 33145 Fax: 444-2034 ",THIS '15 TO CERTIFY to the above named firm and.'C'r persons that the "BOUNDARY SURVEY" of the herein :true -and correct to the best of our knowledge and belief as recen't n described Y SUr-CYed and 'platted '.under' our - tha-,..there no visible encroachments other than those �hown. The by'.'6wner or his representative. Other recorded instruments legal des ents may.af Rd. the abstract -of title. Loc' fec't, this , . . . a t y: ;. -q proper y were ation, Of utilities on or ad;acent to the ow, t This survey meets . ts the Mirlimurn Technical Standards set fo ;%,1....Opda Stat rin Statutes. r. I-- -.,f u a je-, - 0 1 1 fe • 777�� F. No. �. ". ;; . I E. Job tjo. 5 F7 8- . .... . ..... . 'd' �wDg.js: the -pr:- y...O P Cc x° tCt r. Pit -(s al P e!216 e ed-..with'-the surveyor' . . . . . . . . . . . . . . . . . . . . . . s seal., S e - M�d p0 5 C. I N C) '_J.! LA r� OAI 1, - J7.11 CD rrl QL 7.5.6 . A ay rn bAA.I.- X 67.7 m O 1�, i s 'A-4 -o .41 67.7 m O 1�, i s 'A-4 -o 67.7 m O 1�, i Y J � Jlll' LI UAI. DESCRIPTION: Lots 11. 12, 13 &- 14, Bloch 2. less the Worth 20'feet and less the East 10 feet thereof; AND Less all that part of said Lot I I «hick lies within the external area formed by a 25.00 foot radius arc, concave to the Southwest. tanunt to'the South fine of the North 20.00 feet of said Lot 1 1 and tangent to the West line of the East 10.00 tect ofsaid Lot 11; AN D Less all that part of said Lot 14 %%hich lies \\ithin the external area formed by a 25.00 foot radius arc. concave to the Nortivxest. tan�,ent to the South line of said Lot 1.1 and tangent to the West line of the East 10.00 feet of said Lot 14, Block 2, Wl"STERFIELD MANOR SECTION ON} AND TWO. according to the plat thereof as recorded in Plat Book 15 at face 47 ol'the Public Records of Dade COUMV, Florida. TOGE'1"HER WITH TI IE 1:01,10: WINU PARCEL OF LANI-j, Bestin at the Northwest corner of Lot 11. Block 2, as shown on said Plat oI'. 'WESTERFIL•LD NIANOR SECTIO` ONE AND "I-WO: thence Southerly alone the Nest line of Lots 11, 12, 13, 14, Block ?. as sha%% 11 Lill the aluren;entioned fiat. distance of 2?5.33 feet to the Southwest cornier of said Lot 14, Block 2; thence Westc•rl% along the Westerly extension of the South line of said Lot 14, for a distance of 15.0 feet to the Southeast corner of Lot 15, of said Block 2; thence Northerly along the Easterly 'line of Lot 15 and 10, Block 2 as shown on said Plat of WESTERFIELD ti1ANOR SECTION ONE AND TWO, for a distance of 225.34 feet to the Northeast corner of said Lot 10: thence Easterl; along the Eastcrl} extension of the North line of said Lot 10 for a distance of 15.0 feet to the Point of Begit:ning. and less the North 20 feet thereof. LONING, ZONED STREET LINES, SET BACKS, UNDERGROUND EASEMENTS AND RIGHT OF • ' " '1AYS � C' FROM ABSTRACT TO Bc ticRI� lED Ai•:D /OR OBTAINED g Y OWNER, ARCHITECT OR BUILDER BEFORE DESIGN 0;9 CONSTRUCTION. .•/[, ;ij�'}.. ,�: (s � !•r:q,j'� , �i�.{• �}r roc•. .. ,. +:. ���e . • y:•• �!.y.. t +..•..rr. ':t•• (;�',. �.,*' :�s}}'t.�!: �.+:• �� •i, •.�' v;rE�. '7"QY, „'k'J \•.�•t..f,y•.�-�:v `'� },• ��,Y ' %i. MP'' tY %^.1; .S� Y..F., ` �Y � y .4511 <..�, �— :•. �. +•,- •_— +off- T_: R..EY 1-.$J ON . - N Cl D r m A Z A r r� 1 r s a � g' a E A 0 O Z A � � D r M m Z 541. 40 TH. ST. I T D )4 o I � R 3 u N ! I I�t D Q t a m 3 A � � \ ....'Z to a cn r 7 o m o n r I � 21'Pavement l 5A. 41TH ST. _� ;l 11 o _m O E • N A'a O g os m `� v �aN o - � o � � 6 � f A W " D n N n ' v • • • Z lO A W N L� UyX $ 0 A C N DEMOLITION PERMIT DRAWINGS 7 STORE 4016 AND 4020 South West 51 .eve, South Miami Fl ti� DA REd.2 -e ••�.�. i FIDIAS F. FLwQU En, P.E. 's. ,..;a.. u. D.B.4 DELIGIAS DE ESP:.tA "v,IC9, lI). -- ° At40 RIvC=LAC CORPORATION RL-G IgTE RL'O orae.+Irecr Q t a �u^aI Pvob DELI) 3/.7 lG TRC DEMOLITION PERMIT DRAWINGS 7 STORE 4016 AND 4020 South West 51 .eve, South Miami Fl ti� DA REd.2 -e ••�.�. i FIDIAS F. FLwQU En, P.E. 's. ,..;a.. u. D.B.4 DELIGIAS DE ESP:.tA "v,IC9, lI). -- ° At40 RIvC=LAC CORPORATION RL-G IgTE RL'O orae.+Irecr \ y W • C `� C ,V C C o K t3 O ZS tl i o: , o C � 6 a' L K y C C o K t3 v ZS tl i 6 Q. K y � C YJ `• Q C y• tl ��� fi G r tl tl s E C y _G v u• ;z' c a G co ellgas cue ::�sfmja &"iroclac Corp, Ern6sto LIcrandi 4016 S. .": S7 Ave Miami, FL 33155 305'669 4485 Fax: 305.66I.9610 i +tl Q •tl o cJ ' t3 v ZS tl i 6 Q. K y � C YJ `• Q C y• tl ��� fi A tl tl s +tl Q •tl � Q cJ ' t3 v ZS tl i 6 K Gh n. .0 YJ `• Q C i — tl .K. oc•Q Q"! KM� •1 `Q o c •r 'f 1' i LO• lu 0 • S '. is O •� ^ �'•. f. .1i i O K t� n. .0 YJ `• ? 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Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, October 17, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: 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 A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "GR,". GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57" AVENUE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 5.9(G)(7) OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF - STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57n AVENUE Inquiries concerning this item should be directed to the Planning Department at: 663 -6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by thus 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. -- — — ACT VE. MVRC { CARMEL ' 21 FOREST `) — ,, �. '• . -" vi.� ieS�p ipd.q :AVE. AL 9 a rt IL -- -- to % ? �J�• ' d Jy r ,1Z 2 o o \ \ st✓ 391y7 Sr b' *AvE. PLASENTIA o 7-f , a :� t cfe, EOt a BU,1 -Off 1p ? ♦ V r77 j 10 S) 1;0 1fq J Q ©U RIP .< S: I - �1 f t '' ' I. ' � r�l 'u ,� .� Z I ^w I N :7. •� � 77 d d I ST r o, {�V A 6 1�7 mi_O . 42ND 30 MJAUI S T M y U ° •` l ^i so +I1I1I(� 0 D 71 So �L U} TY V • �p 1.5- t °•e sot .i ' 1\ �r'i�C••� -° 14 i 7 ja ME I 1I I I -j 1 J Uj F V o , b 1 a Irk AA 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 Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flk/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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS- 10 -17 -00 A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b), ETC. in the ............ %{XXXXXX ........ Court, wZ pyblis�ed in a6d ft8vspaper in the issues of 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 affianl further says that she has neither paid nor promised any person, firm or corporatinnew discount, rebate, com- mission or refun the ecuring this advertise- ment for public ions aiaper. 5 Sw n tOtd erscribed before me this2000 ..... /day �of . ............................... A.D........ .......... (SEAL) �P{iY P& OFFICVL NOTARY SF�1 O l� CHERYL H HARMER Octelma V. Ferbeyre perso x yo (le. COMMISSION NUMBER -'� CC931156 MY CC�F. MISSION EXPIRES 9�1OF 'OQ APR. 24 2004 VW CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, October 17, 2000 beginning at 7:30 P.M., in the City Commission Chambe-'s, 6130 Sunset Drive, to consider: 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 DE. VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "GR," GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57TH AVENUE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 5.9(G)(7) OF THE LAND DEVEL- OPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF - STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57TH AVEi\IUE Inquiries concern`rg this item should be directed to the Planning Department at: 663 -13326 ALL interested paries a,e invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statute; 286.0105, the City hereby advises the pub. lic that if a person decides to appeal any decision made by this Board. Agency or Commission with respect to any matter considered at its meet- ing 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 evi- dence upon which the appoal is to be based. 1015 00.3. 52'9685611 v DRAFT CITY OF SOUTH MIAMI PLANNING BOARD / LOCAL PLANNING AGENCY Regular Meeting Action Summary Minutes Tuesday, September 26, 2000 City Commission Chambers 7:30 P.M. 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. H. Roll Call and Swearinb in Ceremony Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Ms. Gibson, Mr. Illas, Mr. Mann Board members absent Mr. Liddy, Ms. Chimelis City staff present Subrata Basu (ACM /Planning Director); Sandy Youkilis (Temporary Planning Staff); David Struder (Board Secretary) Action: Mr. Morton performed swearing-in of all those present who would be speaking. III. Local Planning Agency: Public Hearing A. LPA -00 -001 (Deferred from the LPA meeting of 08- 29 -00) Applicant: JPI Apartment Development, L. P. Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed -Use Commercial Residential (Four -story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69`' St., on the east by S.W. 59"' Pl., on the south by S.W. 701h St., and on the west by S.W. 61" Ave. Planning Board/ Local Planning Agency Meeting September 26, 2000 The purpose of the application is to allow for the future construction of a six -story student residential apartment building. Action: Mr. Illas read the request into the record. Staff noted that a request for deferral of the item would be forthcoming. Public speakers included: Mr. Stephen James, attorney; and Babe Elias, property owner. Mr. James explained that deferral is requested due to contractual issues and is for a date uncertain. Mr. Elias made several inquiries, including those relating to the deferral. The Board, staff, and Mr. James discussed such issues as reasons for the deferral; impact of the deferral, ex. re- advertising of the application; and status of the deferral, i.e. the application is indefinitely deferred. Motion: Mr. Comendeiro moved deferral the application. Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 B. LPA -00 -002 Comprehensive Plan Amendment Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the adopted South Miami Comprehensive Plan in order to update certain sections of the Plan pertaining to the South Miami Community Redevelopment Area; more specifically to revise the Comprehensive Plan Land Use Element to include information, goals, objectives, policies, and boundaries for the South Miami Community Redevelopment Area and to provide a map identifying the South Miami Community Redevelopment Area as an Urban Infill and Redevelopment Area; providing for renumbering and/or combination parts of this ordinance with other sections or parts of the South Miami Comprehensive Plan; providing for severability; providing for ordinances in conflict; and providing for an effective date. Action: Mr. Mann read the request into the record. Staff presented the item to the Board, summarizing their inter - office memorandum entitled Comprehensive Plan: Future Land Use Element Amendment -CRA, dated September 22, 2000. Public speakers included: Mr. Gregory Oravec, Assistant to the City Manager /Interim CRA Director; Mr. Michael Miller, of Community News; and Mr. David Tucker, Sr., citizen. Mr. Oravec elaborated on the item, summarizing that the request involves updating the Comprehensive Plan to reflect the Community Redevelopment Area (CRA). Planning Board Minutes 09 -26 -00 2 Planning Board/ Local Planning Agency Meeting September 26, 2000 Following Mr. Oravec's presentation, discussion ensued. Mr. Miller and Mr. Tucker were afforded the opportunity to speak. Mr. Miller inquired as to the possibility of having the boundaries of the CRA expanded. First Motion: Mr. Mann moved approval of the application. Mr. Comendeiro seconded the motion. Vote: Approved 5 Opposed 0 Second Motion: Mr. Morton moved approval of the recommendation that the City Commission consider addressing expansion of the boundaries of the CRA. Vote: Approved 4 Opposed 1 (Mr. Illas) IV Planning Board: Public Hearing A. PB -00 -016 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana 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 a special use approval to locate a general restaurant in the "GR" general retail district, specifically located at 4016 & 4020 S.W. 57`h Avenue. Action: Mr. Comendeiro read the request into the record. Staff presented the item to the Board, noting that items A and B are inter - related and reviewing their inter - office memorandum entitled Request for Special Use Approval, 4016 and 4020 SW 57 Avenue, dated September 22, 2000. Public speakers included: Mr. Miguel Gonzalez, attorney; Mr. Ricardo Mayo; Mr. Joe Lancaster; and Mr. Mario Trevia. Mr. Gonzalez made a presentation on the item. Staff, in turn, made a rebuttal to the presentation. The Board, staff, and Mr. Gonzalez discussed the application. Staff noted for the record receipt of a letter from the law office of Garcia -Vidal & Donet, LLP, dated September 22, 2000, in which opposition to the application is recorded. Planning Board Minutes 09 -26 -00 3 Planning Board/ Local Planning Agency Meeting September 26, 2000 Mr. Mayo, Mr. Lancaster, and Mr. Trevia were afforded the opportunity to speak. Motion: Mr. Mann moved denial of the application. Ms. Gibson seconded the motion. Vote: Approved 5 Opposed 0 B. PB -00 -017 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 5.9(G)(7) of the Land Development Code for a variance to waive the 14 off - street parking spaces required for a general restaurant, specifically located at 4016 & 4020 S.W. 57`h Avenue. Action: Mr. Morton read the request into the record. Staff presented the item to the Board, noting that the hardship test for a variance has not been met by the application. The Board and staff briefly discussed the request, particularly in regard to the hardship test involving variances. Motion: Mr. Comendeiro moved denial of the application. Mr. Mann seconded the motion. Vote: Approved 5 Opposed 0 V. Approval of Minutes Action: The Board deferred voting on the minutes of August 29, 2000, as submitted. VI. Remarks / Discussion Action: Remarks included but were not limited to absences at upcoming Planning Board meetings, promotion and support of city businesses complying with regulations, and possible code violations by an applicant heard this evening. VII. Next Meeting Items Action: Staff noted that no items had been submitted for October 10, 2000, and, therefore, the next Planning Board meeting would be scheduled for October 31, 2000. VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:55 p.m. Planning Board Minutes 09 -26 -00 4 i r CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: October 13, 2000 From: Charles D. Scurr City Manager REQUEST Agenda Item �� aye Commission Mtg. 10/17/00 Re: Parking variance 4016 and 4020 SW 57t" Ave. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 5.9(G)(7) OF TIIE LAND DEVELOPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF - STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 AND 4020 S.W. 57Th AVENUE SUMMARY OF REQUEST: The applicant is requesting a parking variance to waive 14 off-street parking spaces for Delicias de Espana restaurant, at the above referenced location. The site is at the southwest corner of S.W.40 Street (Bird Road) & S.W. 57 Avenue. The restaurant featuring a full course of Spanish cuisine is located in an existing one -story retail building. The total square footage of the restaurant is 3,254 square feet, including the new dining area. Hours of operation are from 7:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 6:00 p.m. on Saturday and from 7:00 a.m. to 3:00 p.m. on Sunday. APPLICABLE REGULATIONS: The LDC, Section 20- 5.9(G)(7) provides that a parking variance may be granted by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. STAFF ANALYSIS: A variance request may be approved for off-street parking by the City Commission as per Section 20- 5.9(G)(7) Variance Approval of the LDC. "Delicias De Espana" restaurant is requesting a variance for 14 parking spaces. The restaurant with a total of 3,254 square feet has a parking requirement of 1 space for every 100 square feet, requiring a total of 33 parking spaces. Currently the restaurant occupies 2,034 square feet. The applicant is proposing to extend the existing bakery and deli by an additional 1,220 square feet, which will provide a dining area for approximately twenty patrons. The proposed expansion will result in a total of 3,254 square feet with a parking requirement of 1 space required for every 100 square feet requiring a total of 33 parking spaces. The previous retail use was less intense with 1 space for every 300 square feet thereby resulting in a "credit" of 19 parking spaces. In determining required parking, credit is given for the existing 2,34 square feet of deli @ 1 to 150 square feet and the additional 1,220 square feet of previously retail use @ 1 to 300 square feet, resulting in a credit of 19 parking spaces. Fourteen additional parking spaces are required. The applicant, from surrounding properties, attempted unsuccessfully to provide the additional 14 parking spaces and the letters attached will reflect several attempts. However, either because of the distance requirement or the fact that there is no surplus parking on site. The applicant has been unable to comply with the parking requirement. As a result, the applicant at this time is requesting a variance approval on tonight's agenda item number PB- 000 -016. The following observations, form the basis for the staff, s recommendation: 1) There are no special conditions attributable to the property that would make it different from the neighboring properties; 2) The applicant has failed to meet the hardship statement, as set forth in Section 20- 5.9(C). 3) Granting the parking variance without hardship may set a precedence, which would negate the City's efforts to encourage other applicants to meet minimum required parking. 4) Other shared parking is available in the area, especially in the evening and on weekends. 5) Limited public parking is available. PLANNING BOARD RECOMMENDATION The Planning Board at its September 26, 2000 meeting adopted a motion adopted a motion (5 -0) recommending denial of the parking variance requested RECOMMENDATION It is recommended that the variance request be denied because the hardship, as defined by the LDC, cannot be met. The parking issues concerning this commercial area need to be addressed. Staff has begun the design process to provide additional parking on 41" Street. However, employees are currently parking in this unimproved area rather than in remote areas. Remote parking for employees should be secured and enforced otherwise these new improvements on 41" Street will not yield new "customer" parking. Additionally, it is also recommended that consideration be given to granting this building contributed building status similar to the Hometown district. Contributed buildings have different parking requirements. Once these issues are resolved the variance request should be reconsidered. Attachments: Draft Resolution Application /Letter of intent Statement of Hardship Property survey Letter dated March 7, 2000 Letter dated March 1, 2000 Letter dated February 10, 2000 Letter dated December 2, 1999 Letter dated November I, 1999 Copies of Public notices (2) Minutes of Planning Board Sept. 26, 2000 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 5.9(G)(7) 5 OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF - 6 STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT TO BE 7 LOCATED AT 4016 AND 4020 SW 57`x' AVE. 8 9 10 WHEREAS, Ernesto Llerandi, on behalf of Matthews - Jacobs Investments, L.C, property 11 owners of 4016 and 4020 SW 57`x' Ave, submitted an application for a variance to waive the fourteen 12 (14) off - street parking spaces required for a general restaurant to be located at 4016 and 4020 SW 57 °i 13 Ave; and 14 15 WHEREAS, Section 20- 5.9(G)(7) of the Land Development Code provides that a parking 16 variance may be granted by the City Commission after a public hearing and receipt of a 17 recommendation from the Planning Board; and 18 19 WHEREAS, The Planning staff recommended denial of the variance request; and 20 21 WHEREAS, on September 26, 2000, the Planning Board voted 5 -0 to recommend denial of 22 the variance request; and, 23 24 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 25 the recommendation of the Planning Board. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 32 Section 1: That a variance request to waive the fourteen (14) off - street parking spaces 33 required for a general restaurant to be located at 4016 and 4020 SW 57`x' Ave. is hereby 34 denied . 35 36 Section 2: This resolution shall take effect immediately upon approval. 37 38 PASSED AND ADOPTED this day of , 2000. 39 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK MAYOR 45 46 READ AND APPROVED AS TO FORM: 47 48 49 50 CITY ATTORNEY City of South MiaV1;...; Planning & Zoning'Departnteht V7 City Hall, 6130 Sunset Drive* Miami; Mride S- 143• ' Telephone: (305) 663 -6326; Fax: (305) 666 -4591 000 000 ... Application For Public Hearing Before Planning Bofted:& CilyCom� is jlbn Address of Subject Property: Lot(s) Block Subdivision Co 40 L0 6,W- Sj�P., AYE 5U- M IAM 1, PB = .... ..... ... .... --- Meets ounds. Letter of intent Zoning Map Amendment Applicant: . bELtrJAS -D� �5PA� Phone: • • • • • • • • • • • • ` ` 4 ' 3cu'� GG 8•r' Representative: L e NESTo L.L_t- gAN r Organization: R) V0 LAC WP P00,A T(D0 Address: 40L0 Sx..r70-, AV k SD. M AM i, FL, Phone: _ Power of attorney Briefly explain application and cite specific Code sections: Property Owner: . ��VJS wJ�C��iS �NVTsj ignature: Mailing Address: P. 0. BOX '1 9 $ Phone: signed /1 reduced copy @ 11" x 17 ") _ 7 copies of Site Plan and Floor Plans Architect/Engineer: Phone: Section:.- Subsection: Page #: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative _Contract to purchase Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LOC Variance Letter of intent Zoning Map Amendment _Special Use _ Justifications for change PUD Approval _ Special Exception Statement of hardship PUD Major Change _Other eProof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: —Contract to purchase _ Current survey (1 original sealed and pA PC i O G signed /1 reduced copy @ 11" x 17 ") _ 7 copies of Site Plan and Floor Plans �1 reduced copy @ 11" x 17" 20% Property owner signatures Section:.- Subsection: Page #: Amended Date: ,Mailing labels (3 sets) and map VRequired Fee(s)' The .unders' h read this com leted application and represents that the information and all submitted materials are true and correct to b e applicant's owledge and belief. Applic t tune and title Date 9033 rO Lt-t; IN.D Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment - - 6/13100 a a • aa• • • f / • a f t • RIVOELAC CORPORATION 4016 S.W. 57`h Avenue •' • •' • Miami, Florida 33155 ... • : • • City of South Miami Planning and Zoning Department 6130 Sunset Drive l South Miami, Florida 33143 Re: LETTER OF INTENT Delicias de Espana 4016 -4020 S.W. Red Road Dear Sirs: s• ra • • ara• a , , • f • ! f • f I f 1 • July 10, 2000 aa.. .aaa. ... •.a. a • ttta • t/• • r a f t• • t a• a t• t a • In order to obtain the change of use to restaurant of the above - referenced property, we are hereby applying for a variance of the parking requirements, because we do not have sufficient parking spaces available in our location. Several neighbors have offered sufficient number of parking spaces to Delicias de Espana, but you have determined that these offerings are not acceptable to your Department. Therefore, we will appreciated your giving your full consideration to this application. Very truly yours, RIVOELAC CORPORATION, d/b /a Delicias de Espana Ernesto Llerandi, President City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 .. l . • 4 0 . :0444 f• • • 0 4 0 4 0 RIVOELAC CORPORATION 4016 S.W. 57`h Avenue . • • Miami, Florida 33155 July 10, 2000 0940 •4.40 04• 4400 • 4• f 0 . t 4 f f 0 0 4 4 4 0 t 4 4 0 0 Re: STATEMENT OF HARDSHIP Delicias de Espana 4016 -4020 S.W. Red Road Dear Sirs: We have been unable to obtain our license for restaurant in the above - referenced location, because of your parking requirements. We have three spaces in front of our location and there are parking spaces available to the public at S.W. 41St Street, at the corner of our location. In addition, our neighbors,l)Miami Medical Center and Diagnostic, Inc., 2) Maribelle Dry Spa, 3) International Finance Bank, 4) Howard D. Rosen, D.D.S., have proposed to facilitate enough number of parking spaces to meet your requirements. However, all these proposals have been disregarded by your Department. The present situation is creating unbearable hardship to our business, which badly needs its restaurant license. Please, give favorable consideration to our parking variance. Very truly yours, RIVOELAC CORPORATION, d/b /a Delicias de Espana Ernesto Llerandi, Prudent LOA TI-0 _N SCALE: t C/00, 67.7 -AN -4 17. 16 CIO, d/ 577. 7-\ 3152 Coral Way , .. .1 !. I • 1. - N Phone:: 4:46-3511 Miami. Florida 33145 Fax: 444 -2034 TO CERTIFY t6 the above, named firm -an&oi persons that the "BOU" NDARY SURVEY of the' h.ere,i.n,.d.escdbed �true and' -c6rrecC7 to the bisil:'of our knowledge and belie ".an `platted H.Tr ..under our- alib-AaJJiere Are..no W bi 9"encroachm ents other than thosd '" is . reorbs �vve. Other re.corded`instm J ed b �uen t , ec 3 dot' the .:-i4bstiiicL1-of,, tiUe - Lodation.'oVdillifies on or'adjace"p.t.. I-o"th .. .... e* pr Technical- 'd Stan ards'-`s'ef: _Z, Blau C I..c 01V M•• 1c) 0q.0t 0; 4L r Li-' CA E. R. BROWNELL ►& ASSOCIATES, INC. %ft 3152 Coral Way , .. .1 !. I • 1. - N Phone:: 4:46-3511 Miami. Florida 33145 Fax: 444 -2034 TO CERTIFY t6 the above, named firm -an&oi persons that the "BOU" NDARY SURVEY of the' h.ere,i.n,.d.escdbed �true and' -c6rrecC7 to the bisil:'of our knowledge and belie ".an `platted H.Tr ..under our- alib-AaJJiere Are..no W bi 9"encroachm ents other than thosd '" is . reorbs �vve. Other re.corded`instm J ed b �uen t , ec 3 dot' the .:-i4bstiiicL1-of,, tiUe - Lodation.'oVdillifies on or'adjace"p.t.. I-o"th .. .... e* pr Technical- 'd Stan ards'-`s'ef: _Z, Blau rslwar . y 11 { W� ,, ^ .• .. Pit 0 VOL. do Ut ti•r . • * ;��;���.;.�:•y ;fir. .•.. �, � ' �,+ � � -:��; :• • r- 66 n. ��r�: �C �`09S•''���.:cS�n ydJ.q• ,:U O• rt iF p � rn I IV ^r .r �yvr+.Pt,.i,• ;.�.• • -r •' r A,L•. °.yf.►:;',,/• KiJ ::.:jnr.'"���!., ". C. 'A ,� •� ,�qv�p f 7 So lia I�.'„ :f, -•-c i' �'•`7o.t}. :.•` '' s _ X41 lit �yvr+.Pt,.i,• ;.�.• • -r •' r A,L•. °.yf.►:;',,/• KiJ ::.:jnr.'"���!., ". C. 'A ,� •� ,�qv�p f 7 I -EGAL DL'•SCRIPTION: Lots H. 12. 13. &� 14, Block 2, less the North'20 feet and less the East 10 feet thereof; ~ AND ; Less all that part *of said Lot I 1 which lies withiif the external area formed by a 25.00 foot radius arc, concave to the Southwest. tangent to'the South line of the :North 20.00 feet of said 1_of 1 1 and tangent to the West line of the East 10.00 feet of said Lot 11; AND Less all that pan of said Lot 14 %Nhich lies %%ithin the external area fornied by a 25.00 foot radius arc, concave to the Northwest, tangent to the South line of said Lot 14 and tangent to the West line of the East 10.00 feet ofsaid Lot 14, Block 2, «'ESTFERFIEI_D :ANOR SECTION ONE AND TWO. according to the plat thereof as recorded in Plat Book 18 at Page 47 of the Public Records of Dade Countv, Florida. TOGETHER WITH THE FOLL.O\%'IN(1 PARCEL OF LAND; Begin at the Northwest corner of I,ot 11. Block 2, as shown on said rd Plat c>f• WESTERFIELD MANOR SECTION ONE AND TWO; thence Southerly along the t West line:'of Lots 1,1, 12, 13, 14, Block 2, as shown on the aforementioned Plat. a - : - distance bf 225.35 feef to the Sotrth«dst cornei of said Lot 1-4; Block2;'tIi -nce 14'estcrl\' along the Westerl extension of the South line of said Lot 14, fora distance of 15.0 feet y ,: to the - 'Southeast comer of Lot 15, 'of said Block 2; thence Northerly:along the Easterly .'Iine of Lot 15 and 10', Block 2 as shown on said Plat of WESTERFIELD' MANOR SECTION ONE AND TtiVO, for a distance of 225.34 feet to the Noitheast-corner of said Lot 10; thence Easterly along the Easterly extension of the North line of said Lot 10 for a distance of 15.0 feet to the Point of Beginning,,and less the North 20 feet tliereof. ZONED STR. BACKS LINES, SEl• ' UDERGROUIV - AND - SEhIE f " RIG NTS x ~ -ABSTRACT OF WAYS; ETC.: FROM TO g .� ... "Y,OBTAINED E VERIFIED' AND /OR . ILDER' ='BFPO.. R,,ARCHITECT ..' REc DES! OR NSTRUCTION... ` .�w/ � L ++ f ,� F . I,yJ�:i _ I j. �' 7 ,� • }... J '. �,? ; : i .♦' C i � � y!nn+t,FN fi,. ytt •t' \�F'S,i �. �'yJi, 1�.�.•�r. t'�_ / I:�'C L , •i,'' ^.1-N ,�Z1.1 ':� ty�' ••l '• .t^jr. 't �- •�� •'�f a�r`� ,3 �,.1i4 � '�� it �. �t, yyr f[. � ^lr... i� ���� - tiJk� :oti�`'.�:•. .•�••. �, i�: �`:�`'!��;�i• / '�f. `4 �'�i�i�}P•�{ ,.7�> 'j'.�,k� 7, r',,%. ���.1•YT fJ•�•..> :'• •�•• •1' .Y ••.� -, �w� �,�' '4 •� } •jam, • .. N •: t t 7.tc .. . 4 ^� % -' '_ ^' t t �S', «- ..• •�.�..t*c r„1: '•;,k r�r1Z /; ^�i'j -ir• >. l': ••::'. %•:: Ti`!�ri i`R `•l;y ••'�•::r� -;"•,7•;: r, �Y. 4y' l.•.�lJ',T!4'Y.''.1^�`-`i'q'.'l '. t'"- +w�S'�r7+'4' �.d.•jT a �� �.y r'y.:.,�t �'4••.�•:1� 1 �r.�.,Leif�, * 't;j v � r�'.n�!• •ry��JC� �� ���j.( =• .•• + _.. ., .. .._,f��•�C. .•Jt�.t k <�iL f�ti�: �•�';c. � wy '��!`+i i!Kiil).w: ' .�� ?i>L�;s`.•�•. -1 e•; >,�::�il. a�lfr_I+.fM1:� f..r �:,.��?•�' •� .yw l:,j "�.�e'. ,..{.. I,1_ti•�•:i »i��:.I::':t. _ �_ HOWARD B. ROSEN, D.D.S. 5710 S. W. 41st STREET SOUTH INI AbtI, FLORIDA 33155 » 6Z9641 661.6341 March 7, 2000 AGREEMENT l To whom it may concern: This document is an agreement between Howard B. Rosen and Delicias de Espana, Rivoelac Corp., in order to facilitate the use of (7) seven parking spaces. Dr. Rosen assumes no liability for the patrons parking in his.lot. G / Ij4b'ward B. Rosen D.D.S: Ernesto Llerandi. Delicias de Espana `J DRY SPR • Hair Styling • Nails • Waxing • Skin Care • Massage 5911 BIRD ROAD, DIIAMI, FLORIDA 33155 Ph: (305) 666 -9666 March 1, 2000 Delicias De Espana 4016 SW 57 Ave Miami, F133155 Attn: Mr. Ernesto Llerandi This letter is to inform you that I Maribel Morejon owner of Maribelle Day Spa authorize you to use 10 parking spaces of the beauty salon to use as parking for your restaurant. These parking spaces are available to you from Tuesday to Saturday 10:00 am to 8:00 pm. If you should have any Ru-ther questions you can call us at (305) 666 -9666. S nc y � rely ' �``Mai'i6'el l 1 INTERNATIONAL FINANCE BANK Miami February 10, 2000 Delicias De Espana 4016 SW 57h Ave Miami, Florida 33155 Attu?: Mr. Ernest Llerandi Dear Mr Llerandi: I Francisco Bello as Assistant Vice President and Branch Manager of International Finance Bank located at 5900 Bird Road Miami, authorize Mr. Llerandi to use 18 parking spaces of the bank for his restaurant. These parking spaces are available to him Monday through Sunday from 9:00am to 8:00pm with no restrictions. If you should have any further questions regarding this matter please do not hesitate in contacting the undersigned at your earliest convenience. Sincerely, Assistant Vice President Branch Manager 5900 Bird Road Miami, Florida 33155 Citg of South Miami 6130 Sunset Drive, South Miami, Florida 33143 l k Delicias De Espana - -December 2, 1999 Mr. Ernesto Llerandi, 4020 SW 57 Ave. South Miami, Florida 33155 Dear Mr. Llerandi, After reviewing your application for a Special Use to operate a restaurant at 4020 SW 57 Ave., the location of your bakery, the City has found that the parking arrangement with the property owner of 4100 SW 57 Ave. does not satisfy your off street parking requirements. in order to proceed with your application for a Special Use restaurant your application will need to be modified to include a variance for the required parking. In addition to the 'aforementioned information you will need to provide the City with a list of property owners and three sets ofmailing labels within a five hundred -foot radius of your property and a separate list of the signatures or an affidavit that at least 20% of all the property owners showing awareness of the proposed variance and special use application. If I can be of further assistance please contact me relative to this issue. Sincerely yours, John P. Little Jr. Principal Planner "City of Pleasant iving' l • acac• • -90". • • • November 1, 1999 South Miami, Florida A G R E E M E N T ----------- - - - - -- To whom it may concern: 1 This document is an agreement between Miami Medical Center & Diagnostic Inc., and Delicias de Espana, Rivoelac Corp., in order to facilitate (8) eight parking spaces to Delicias de Espana, from 8:00 A.M. to 5:00 P.M. daily, then after 5:00 P.M. and on weekends they can use all the (16) sixteen parking spaces of this local. , Cri-st'in'a,'uarez (director) Miami Medical Center and Diagnostic, Inc. ) • • • • t ••st • a• • • t. • Miami Medical Center & Diagnostic, Inc. ffl - I Ernesto L t�e a ndi (pres.) Delicias de Espana Rivoelac Corporation. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 59(G)(7). OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF- STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57 *n AVENUE Inquiries concerning.this item should be directed to the Planning Department at: 663 -6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. a TRACT_ *f1VE. MURCIP► - t� A. --� „may CARMEL 0 ,o .7 t+ FOREST S, Lim /04:o C u 1. x w AVE. .r +� iee.r .'• AV E. AL r 14 tt '� •"' sr. a ,. . 10 a — -•- - '4 • a � / �" � o ° . T h I_ to = a �0 (' 1 �• °0 In h Utz z. " ' /o SAVE. PLASENTIA ` Sys' 39/x'► Sr w •a• >1O r �o + — 7 s 7S .I •u.• �� O � � •w 7 1i 0 7S 1 E 1•e AV, E . 17.7 60 1fG J B -U -2. . N Yo h+ Su .o 7. �• 1 �FSub�ect »� 41 ST AVA' I- I •s o FA0 o o � o 4` 50 0 0 st a Ty So $ 73 su 5 42N0 e0 MIAY1 $T ns su ^ . '0 0 it e�esaeiraao� LUFAA �11 1, r g r 11 a to so •os, 11 .°a 1 a c Z o 0 2 %�o "V N �! ... �. .. • X05 Sol H _a*" -Q l Q ;q FV r _av AL.6.4 IT1 CAN? fo 1 � fu so SJ SO � tS A f ;I su1 O I I �I I SD Sao - now am 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k!a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS- 10 -17 -00 A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b), ETC. in the XXXXXXX ....... Court, w; p Llis�ed in�a�dSUwspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Mlaml- 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 she has neither paid nor promised any person, firm or corporatio discount, rebate, com- mission or refungA9r the ose of ecuring this advertise- ment for public ions aid new aper. 5 Sw n to and subscribed before me 11 Q ctober ..... day of . ............................... A.D........ C_��14r ti . .�Gf/J7*rf, .......... (SEAL) / --'P{iY pUe OFFICIAL NOTARY SEAL CHERYL H MARUER Octelma V. Ferbeyre perso Oy o�ae. K COMM ISSION NUMBER CC931156 IN MY COMMISS 014 EXPIRES 9rel OF F1.e APR. 24 2004 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, October 17, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DE- VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "GR," GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57TH AVENUE. vA RESOLUTION OF THE MAYOR AND CITY COMMISSION 'OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20.5.9(G)(7) OF THE LAND DEVEL- OPMENT CODE FOR A VARIANCE TO WAIVE THE 14 OFF - STREET PARKING SPACES REQUIRED FOR A GENERAL RESTAURANT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57TH AVENUE Inquiries concern';lg this item should be directed to the Planning Department at: 663 -'03 26 ALL interested panes a,e invited to attend and will be heard. Roneha Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with r0spect to any matter considered at its meet- ing or hearing, he or st:e viii; 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 evi- dence upon which the appeal is to be based. 10/5 00.3.52196856f.1 0 DRAFT CITY OF SOUTH MIAMI PLANNING BOARD / LOCAL PLANNING AGENCY Regular Meeting Action Summary Minutes Tuesday, September 26, 2000 City Commission Chambers 7:30 P.M. 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 and Swearinb in Ceremony Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Ms. Gibson, Mr. Illas, Mr. Mann Board members absent Mr. Liddy, Ms. Chimelis City staff present Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff); David Struder (Board Secretary) Action: Mr. Morton performed swearing -in of all those present who would be speaking. III. Local Planning Agency: Public Hearing A. LPA -00 -001 (Deferred from the LPA meeting of 08- 29 -00) Applicant: JPI Apartment Development, L. P. Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed -Use Commercial Residential (Four -story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69'h St., on the east by S.W. 59`x' Pl., on the south by S.W. 70`" St., and on the west by S.W. 615` Ave. Planning Board/ Local Planning Agency Meeting September 26, 2000 The purpose of the application is to allow for the future construction of a six -story student residential apartment building. Action: Mr. Illas read the request into the record. Staff noted that a request for deferral of the item would be forthcoming. Public speakers included: Mr. Stephen James, attorney; and Babe Elias, property owner. Mr. James explained that deferral is requested due to contractual issues and is for a date uncertain. Mr. Elias made several inquiries, including those relating to the deferral. The Board, staff, and Mr. James discussed such issues as reasons for the deferral; impact of the deferral, ex. re- advertising of the application; and status of the deferral, i.e. the application is indefinitely deferred. Motion: Mr. Comendeiro moved deferral the application. Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 B. LPA -00 -002 Comprehensive Plan Amendment Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the adopted South Miami Comprehensive Plan in order to update certain sections of the Plan pertaining to the South Miami Community Redevelopment Area; more specifically to revise the Comprehensive Plan Land Use Element to include information, goals, objectives, policies, and boundaries for the South Miami Community Redevelopment Area and to provide a map identifying the South Miami Community Redevelopment Area as an Urban Infill and Redevelopment Area; providing for renumbering and/or combination parts of this ordinance with other sections or parts of the South Miami Comprehensive Plan; providing for severability; providing for ordinances in conflict; and providing for an effective date. Action: Mr. Mann read the request into the record. Staff presented the item to the Board, summarizing their inter - office memorandum entitled Comprehensive Plan: Future Land Use Element Amendment -CRA, dated September 22, 2000. Public speakers included: Mr. Gregory Oravec, Assistant to the City Manager /Interim CRA Director; Mr. Michael Miller, of Community Neit s; and Mr. David Tucker, Sr., citizen. Mr. Oravec elaborated on the item, summarizing that the request involves updating the Comprehensive Plan to reflect the Community Redevelopment Area (CRA). Planning Board Minutes 09 -26 -00 2 Planning Board/ Local Planning Agency Meeting September 26, 2000 Following Mr. Oravec's presentation, discussion ensued. Mr. Miller and Mr. Tucker were afforded the opportunity to speak. Mr. Miller inquired as to the possibility of having the boundaries of the CRA expanded. First Motion: Mr. Mann moved approval of the application. Mr. Comendeiro seconded the motion. Vote: Approved 5 Opposed 0 Second Motion: Mr. Morton moved approval of the recommendation that the City Commission consider addressing expansion of the boundaries of the CRA. Vote: Approved 4 Opposed 1 (Mr. Illas) IV Planning Board: Public Hearing A. PB -00 -016 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana 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 a special use approval to locate a general restaurant in the "GR" general retail district, specifically located at 4016 & 4020 S.W. 57`" Avenue. Action: Mr. Comendeiro read the request into the record. Staff presented the item to the Board, noting that items A and B are inter - related and reviewing their inter -office memorandum entitled Request for Special Use Approval, 4016 and 4020 SW 57 Avenue, dated September 22, 2000. Public speakers included: Mr. Miguel Gonzalez, attorney; Mr. Ricardo Mayo; Mr. Joe Lancaster; and Mr. Mario Trevia. Mr. Gonzalez made a presentation on the item. Staff, in turn, made a rebuttal to the presentation. The Board, staff, and Mr. Gonzalez discussed the application. Staff noted for the record receipt of a letter from the law office of Garcia -Vidal & Donet, LLP, dated September 22, 2000, in which opposition to the application is recorded. Planning Board Minutes 09 -26 -00 Planning Board/ Local Planning Agency Meeting September 26, 2000 Mr. Mayo, Mr. Lancaster, and Mr. Trevia were afforded the opportunity to speak. Motion: Mr. Mann moved denial of the application. Ms. Gibson seconded the motion. Vote: Approved 5 Opposed 0 B. PB -00 -017 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 5.9(G)(7) of the Land Development Code for a variance to waive the 14 off - street parking spaces required for a general restaurant, specifically located at 4016 & 4020 S.W. 57`h Avenue. Action: Mr. Morton read the request into the record. Staff presented the item to the Board, noting that the hardship test for a variance has not been met by the application. The Board and staff briefly discussed the request, particularly in regard to the hardship test involving variances. Motion: Mr. Comendeiro moved denial of the application. Mr. Mann seconded the motion. Vote: Approved 5 Opposed 0 V. Approval of Minutes Action: The Board deferred voting on the minutes of August 29, 2000, as submitted. VI. Remarks / Discussion Action: Remarks included but were not limited to absences at upcoming Planning Board meetings, promotion and support of city businesses complying with regulations, and possible code violations by an applicant heard this evening. VII. Next Meeting Items Action: Staff noted that no items had been submitted for October 10, 2000, and, therefore, the next Planning Board meeting would be scheduled for October 31, 2000. VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:55 p.m. Planning Board Minutes 09 -26 -00 4 CITYOF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 17, 2000 FROM: Charles D. Scurr RE: Agenda Item # I y City Manager Co- naming of street — SW 68" Street after South Miami Pioneer Ron Miller The attached resolution seeks Commission approval for co- naming SW 68`' Street after South Miami pioneer Ron Miller. BACKGROUND Since its incorporation in 1923, the City of South Miami has been home to a number of individuals who have been an important part of the city's history and /or made significant contributions to its quality of life, economic development, and other important areas. In 1966, Ron Miller started up the Community Newspaper operation in South Miami. This successful enterprise has grown to a 12 different weekly and monthly papers county -wide. Throughout his 30 -year tenure in "the City of Pleasant Living ", Ron was a frequent and consistent contributor of his time and resources to community causes, civic events, and other efforts aimed at making South Miami a better place for everyone. Ron Miller was of the mindset that helping the community was extremely important and that everyone should do it. Ron Miller instilled this philosophy in his two sons, Grant and Michael, who currently manage Community Newspapers. Another significant contribution and further enhancement of Ron's heritage is the recent expansion and renovation of the paper's headquarters at SW 62" d Avenue. The attractive paint and nicely landscaped parking lot has served to improve the aesthetics of this important street. ANALYSIS The proposed name of this pioneer will be placed above the street or avenue number within the street sign. These new signs would be installed at the intersections between 61" Avenue and 64`x' Avenues along SW 68`x' Street. A proposal to co -name this street will be presented to Miami -Dade County for final approval subsequent to authorization by this Commission. RECOMMENDATION The City of South Miami Commission and Administration strongly believe that city pioneers such as Ron Miller should be honored and remembered. Therefore, approval of the resolution calling for the proposed street name is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA TO HONOR CITY PIONEER RON MILLER BY CO- NAMING SW 68th STREET AFTER HIM. WHEREAS, through his time, effort, and resources, Ron Miller helped to develop, nurture and improve the city through his contribution to the community and civic events, and; WHEREAS, to this day, Ron Miller's legacy continues to have a positive impact on the City through the improvements to Community Newspapers' headquarters, and; WHEREAS, the City and the community wish to have this pioneer honored and long remembered. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following street segments to be named after City pioneers by adding their name on the street sign, as written below, placed above the present street or avenue number. Street / Avenue — boundaries Name SW 68'x' Street— SW 6151 Av. to SW 63`d Av. Ron Miller Street Section 2. Tile City Manager is hereby authorized to submit a resolution to Miami -Dade County to authorize the street naming and proceed with the installation of new signs. Section 3. This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this 17th day of October 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY