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HomeMy WebLinkAboutCC 1997-11-26 MinutesMINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of November, 1997, the City Commission of Miami, Florida, met at its Planning and Zoning meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 5:14 p.m. by Presiding Officer/Commissioner Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Chairman Humberto Hernandez (District 3) Commissioner Wifredo Gort (District 1) Commissioner J.L. Plummer, Jr. (District 2) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) -A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Alberto Ruder, City Manager ---------------------------------------------------------------------------------------------------------------- 51. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-9 (PROPOSED SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 --- MODIFY SECTION 602.10.4 'OFF-STREET PARKING" -- INCLUDE PORTION ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE) TO COMMISSION MEETING OF JANUARY 27, 1998. Chairman Hernandez: OK, PZ... First agenda item is PZ-1. Mr. Tony O'Donnell: Excuse me, Mr. Chairman, may I be recognized? It's... For the record, Tony O'Donnell, 701 Brickell Avenue. I was here this morning to request a continuance of item PZ-9 on behalf of my clients David Sweatland, Barbara Lang and Esther Armbrister. We appeared and testified and gave evidence before the Planning Advisory Board. They voted 7-0 to deny this ordinance. 134 November 26, 1997 Commissioner Plummer: Wait, wait. Now, you have asked for denial, we don't want to hear it. Mr. O'Donnell: Right. But, what I am saying is, I am asking for a continuance. They are not able to be here today. They were ready to be here yesterday. Commissioner Plummer: That's in order. Mr. O'Donnell: We would like a continuance. Teresita Fernandez indicated that the second meeting in January would be an appropriate one, and that's satisfactory to us. We also hope to be talking with interested people between now and then to see if perhaps some changes could be made that would be suitable. Chairman Hernandez: Are there any objections from the staff or the Commission? Commissioner Plummer: Then, I'll move it. Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development): Just on the record, the date certain will be January 27th. Chairman Hernandez: OK, we have a motion by Commissioner Plummer to a date specific to continue this item to January 27, 1998. Is there a second? Commissioner Teele: Second. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Teele. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Mr. O'Donnell: Thank you, very much. Thank you, sir. Chairman Hernandez: Motion passes to have it continued. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-842 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-9 (PROPOSED SECOND READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO MODIFY SEC. 602.10.4 ENTITLED "OFF-STREET PARKING" TO INCLUDE THAT PORTION OF THE ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 27, 1998. 135 November 26, 1997 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 52. APPROVE OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF- WAY -- LOCATION: 1695 N.W. 9 AVENUE -- APPLICANT: JACKSON MEMORIAL HOSPITAL. Chairman Hernandez: PZ-2. Commissioner Gort: PZ... Commissioner Plummer: Mr. Chairman, in reference to that, it has been deferred a number of times at my request. We are going to hold them up in a different way with Dena Spillman in selling them some property. There is absolutely no problem, I move item PZ-1. Chairman Hernandez: Motion on PZ-1 by Commissioner Plummer. Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Gort. Discussion. No discussion. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Motion passes, 5-0. 136 November 26, 1997 • The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-843 A RESOLUTION WITH ATTACHMENT(S), CLOSING, VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE THE WESTERLY 20 FEET OF PUBLIC RIGHT OF WAY ON THE WEST SIDE OF NORTHWEST 8TH AVENUE BETWEEN 16TH AND 17TH STREET; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 53. APPROVE WITH CONDITIONS REQUEST FOR MAJOR USE SPECIAL PERMIT -- FOR YACHT CLUB AT BRICKELL II -- FOR RESIDENTIAL DEVELOPMENT OF 355 RESIDENTIAL UNITS AND COMMERCIAL SPACE -- LOCATION: 1155 BRICKELL BAY DRIVE (FKA SOUTH BAYSHORE DRIVE) APPLICANT: NEW YORK LIFE INSURANCE COMPANY -- SEE LABEL 54. Chairman Hernandez: PZ-2. Ms. Lourdes Y. Slazyk (Asst. Dir/Planning and Development Department): PZ-2, is a major use special permit for property located at 1155 Brickell Bay Drive. This is for the Yacht Club and Brickell Phase II. The Planning Department is recommending approval with various conditions. The project was recommended for approval... Commissioner Plummer: Is there anyone in objection? For the record, if you will state your name on the record, please? Mr. Gilberto Pastoriza: Gilberto Pastoriza, representing the related companies. Commissioner Plummer: Are you here pro Bono? Mr. Pastoriza: No, sir. 137 November 26, 1997 0 .0 Commissioner Plummer: Did you pay the tee to the City Clerk? Mr. Pastoriza: Yes, our office did. Commissioner Plummer: We love you, we love you, we love you. Mr. Chairman, I move item two. It's by the recommendation of the... of Planning and Development... Commissioner Regalado: Second. Commissioner Plummer: ... and by the Advisory Board. Chairman Hernandez: We have got a motion by Commissioner Plummer, second by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Motion passes 5-0. Mr. Pastoriza: Thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-844 A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE YACHT CLUB AT BRICKELL II PROJECT, TO BE LOCATED AT APPROXIMATELY 1155 BRICKELL BAY DRIVE (F/K/A SOUTH BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE COMPRISED OF NOT MORE THAN 355 UNITS, ACCESSORY COMMERCIAL SPACE AND 465 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 138 November 26, 1997 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 54. DENY APPEAL -- UPHOLD ZONING BOARD DECISION TO DENY VARIANCE TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 3' -0" FOR EXISTING ADDITION -- LOCATION; 2615 S.W. 20 STREET -- APPLICANT; OLIVER DE CAMPOAMOR -- SEE LABEL 53. Chairman Hernandez: PZ-3. Ms. Lourdes Y. Slazyk (Asst. Dir/Planning and Development Department): PZ-3 is an appeal of after -the -fact variance that was denied by the Zoning Board. This was continued from the last City Commission meeting, because several Commissioners had expressed an interest in possibly going to see the property. That was not done. But the item is back before you, today. The Planning Department is still recommending denial. There is no hardship to justify these variances. Commissioner Plummer: PZ-2, I have in an ordinance. Ms. Slazyk: Oh, no. I am sorry. Commissioner Plummer: Mr. Chairman, I have a problem. The Clerk is saying that item PZ-2 is an ordinance. Ms. Slazyk: No, that was an incorrect in the... It's a resolution, it's a major use special permit. Mr. Walter J. Foeman (City Clerk): Can you state it on the record, please. Commissioner Plummer: Well, then, it needs to be corrected. Ms. Slazyk: Yes. Let me correct it for the record, it's a resolution. Commissioner Plummer: OK. The way things are going around nowadays, we want to make sure we are very legal. Ms. Slazyk: So, PZ-3 is, the variance was denied by the Zoning Board and the property owner has appealed it before you today. Chairman Hernandez: State your name and address for the record, sir. 139 November 26, 1997 Mr. Oliver de Campoamor: [COMMENTS IN SPANISH] Chairman Hernandez: Hold on. [COMMENTS IN SPANISH] Teresita, are you going to be doing it? We need to swear him in and swear you in. Mr. Campoamor: [COMMENTS IN SPANISH] Ms. Teresita Fernandez (Chief Hearing Boards): No, no. Do you solemnly swear or affirm that the testimony you are about to give is the truth and nothing but the truth, so help you God? Mr. Campoamor: [COMMENTS IN SPANISH] (Translated by Teresita Fernandez) My name is Oliver de Campoamor. 2615 Southwest 20th Street, Miami, Florida 33145. In the month of July of 1996, I bought a property for the first time in this country, after many sacrifices and savings, and hard work. One month from the closing, I got a notice from the City of Miami that there was a violation for an illegal unit. Immediately, I asked the inspector of the City of Miami... When I bought this it was there. And what should I do legalize it. Because, I am a person that likes to fulfill the law. I would like to have everything legalize and to have everything right. She said that I should find an architect to pay some plans and to fill and application for a variance for this unit. It was like a utility or a garage. I did what I was supposed to do. I have paid in excess of five thousand dollars ($5,000). But, I don't care about that. Not because I am a millionaire. But, I had to ask for a loan for a credit line to be able to have this cost and to be within the law. I found very strange that Mr. Wilson, who was the owner of the property, and it was a property from 1929 was never notified to that effect. And, as soon as I bought it, they notified me. Mr. Rafael Rodriguez (Net Administrator/Coral Way): The only problem is the setback. Mr. Campoamor (translated by Ms. Fernandez): But, the important thing is that I am doing the things that I am supposed to do, and that is what I am trying to say, here. And, that's why I want the variance to be approved because the guy when he built it, I believe, followed the line of the property that he used to live. And, now because the codes are different in the City, I was told that I needed a variance. And, I have done everything to get that. I have brought a list that I would like you to give to all the Commissioners. None of my neighbors that are very nice persons, and I try to be the same to the best of the community. They will sign that there is no problem about this situation about, to... for the variance to be approved. The City said that I didn't, I couldn't have so many number of feet and they told me what I had to demolish. I paid the demolition one thousand six hundred dollars ($1,600) to fulfill the regulations. In other words, a few words, I have always done what the City has asked. And, there is the proof. Chairman Hernandez: Lourdes, are there existing code enforcement fines or anything on this, here? Ms. Slazyk: He was given a notice for an illegal unit. What this is, there was a second structure built on the property without building permits. The NET (Neighborhood Enhancement Team) Administrator is here to talk to the code violations that were issued. But, we... Ms. Fernandez: I believe he was found guilty or... Chairman Hernandez: Before, we get into that, has he finished his presentation? Ms. Fernandez: [COMMENTS IN SPANISH] Chairman Hernandez: OK, go ahead, Ralph. 140 November 26, 1997 Commissioner Gort: No, he hasn't finished? Chairman Hernandez: He hasn't? Mr. Campoamo (translated by Ms. Fernandez): The only thing I would like to add is that I brought this list, for the neighbors do not object this variance. Because, the last time I was here, I told Mr. Carollo, he was the Mayor then, that I felt discriminated and he said that he will go personally and to talk to me, and to talk to my neighbors. And, I didn't have to feel discriminated. That's why I bought this list. That was before the elections. Then, according to Frank he said that he was going to meet with me after the elections. But, after the elections, he never showed up. What he was investigate is what I am bringing to you. To show you that there is no problem with the neighbors for the variance to be approved. Commissioner Gort: Mr. Chairman, let me ask you a question. Chairman Hernandez: Go ahead, Commissioner Gort. Commissioner Gort: My understanding, looking at the pictures here, this guy knocked down and demolished his structure. Chairman Hernandez: The illegal unit. Commissioner Gort: The illegal unit. Ms. Slazyk: What happened was, there is a second structure which he was cited for the illegal unit on. That was built completely without a building permit. The plans, and this I want to clarify for the record, because when he was speaking, he at one point he said that he was told that he needed to get this variance to legalize the second unit. That's not the case. This is an R- 1, single-family zoning. This would legalize the structure but not the unit. The structure on the plans has been shown as a gymnasium and it was a structure which the legal units were located. And, if the structure would remain, it is something that can very easily again be used as an illegal unit. Commissioner Plummer: The pictures that I am looking at, show the structure with a bulldozer in it. Ms. Slazyk: The plans show the structure is still there or he wouldn't be here for today's variance. Commissioner Plummer: Well, no, here, look. I mean. Ms. Slazyk: He may have demolished the kitchen. I haven't been down there since... Commissioner Plummer: Well, I don't know what he demolished, but there is a big piece of earth equipment there. Mr. Rafael Rodriguez: Rafael Rodriguez, Coral Way NET Administrator. In order for him to get the demolition permit, he needed to demolish a part of the structure in order for the Zoning Department, correct me if I am incorrect, Juan. In order for him to get a permit because there is a certain size that would only allow over an accessory structure, and that's the portion he demolished, the front. He still need the variance for the rear setback and the side setbacks. Ms. Slazyk: What happens is, if you all may remember. We have accessory structures, or we had accessory structures coming into the City that were bigger than the principle structure. You 141 November 26, 1997 have a house that was 2,000 square feet and you have accessory structure of 3,000, you know, which was obviously being used for more than storage. So, we amended the ordinance about two years ago to say that the accessory structure was limited to a certain percentage of the main structure or a maximum square footage, if it was going to be a garage. He exceeded that, even. And, that's what this partial demolition was for. But he retained enough of the structure to still call it a gymnasium, he still needs these variances. Commissioner Plummer: Who built the structure? Did he build it? Ms. Fernandez: (Translating for Mr. Campoamor): No, he said, no. Commissioner Plummer: Was the structure there, when he bought the house? Ms. Fernandez: (Translating for Mr. Campoamor): Yes, he said yes. Any neighbors can tell you. As far as the Code Enforcement history is concerned he was found guilty and he was ordered to comply by August 19, 1997. Mr. Rodriguez: Also, he got cited for illegal units and work without a building permit. Chairman Hernandez: Are the fines running or did they stop pending the variance proceedings? Ms. Fernandez: Well, they haven•'t been liened at the court house yet. They, you know, he still has a chance to ask for either for a retroactive extension of time. He still has that chance. Or... Chairman Hernandez: So, there is no fines running right now? Mr. Rodriguez: Yes, there are. Ms. Fernandez: They are running, they are running. But, they... Chairman Hernandez: So, but, you... Ms. Fernandez: But, they haven't been liened. Chairman Hernandez: Right. Ms. Fernandez: I mean, it's only in the pending lien. Chairman Hernandez: Now... Ms. Fernandez: It's not in the official public records. Not yet. Chairman Hernandez: If we were to deny his application, he would have to immediately comply, and then, what would happen with the fine? Can he ask for a retroactive extension of time? Or at which point, the only way he can get a retroactive extension is... Commissioner Plummer: Yeah, but it usually... Usually, when there is pending litigation before this Commission, they usually hold the liens or the fines in abeyance. And, in this particular case, if in fact the, if we deny this thing here now, he's got to tear it down within a reasonable period of time, or the fines would start running without any question. Chairman Hernandez: But even if he complies, he's still facing a lien and fine. And, that's, that's what... 142 November 26, 1997 Commissioner Plummer: Not if it hasn't been opposed. It it's not been imposed, there is nothing to forgive. Ms. Fernandez: We have not received the affidavit of noncompliance from the NET administrator yet. Mr. Rodriguez: We have not received it because he's still got the illegal construction without a permit, so it's like a catch 22, now. Chairman Hernandez: So, Mr. Rodriguez, what we are saying here is, if we would deny this application, he will be given an opportunity to comply and there would be no fines or no liens on his property. Mr. Rodriguez: OK, this will go back in front of the Code Enforcement Board, and the Code Enforcement Board may have to grant that retroactive extension of time, then waiving any fines or penalties there. And, then we give him enough time to comply with the will of the board. Commissioner Plummer: Yeah, but then, you know, the Code Enforcement Board is a joke, OK. It's a joke. The last one I watched on TV. They came in,, there was a forty-one thousand dollar ($41,000) fine levied. The legal counsellor, whoever he was, recommended that it be reduced down to twenty-nine thousand. And, so, what did the board do? The board turned around and made it ten thousand. I mean, if that's going to say to the people of this community, you break the law, we will do what we want to do. But, let me tell you something, that's got to stop. If they are going to have clout, and they are going to make people comply. When the guy says forty- one thousand dollars ($41,000), so be it. Now, enough. I mean, I am tired of this thing not doing what they are supposed to do. And, I know, the City Attorney tells me that they have the right and the purview to reduce a fine. And, yet, we pass the thing, that said if they don't do what they are supposed to do on the forth month, to start foreclosure action. And, you know, I don't know whether the board is thumbing their nose at us or what the hell is going on, but this is an apartment house. This is what, I think, like what? About 30 or 40 unit apartment house. This guy wasn't no poor boy. And, the way he got rich was reducing it from forty-one thousand to ten. So, I you know, I... What do you want to do? Ms. Jacqueline Cotarelo-Echegarria: I need to be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Cotarelo-Echegarria: I do. My name is Jacqueline Colarelo-Echegarria, and I reside at 1815 Southwest 16th Street. The only thing, the only statement I want to make is that this case does not meet the standards for our variance. You are saying that people are moving out of the City of Miami because of our taxes or the insurance, I don't think it's that much. I think it's more because our neighborhoods are in such poor condition, this is one of the things. I cannot even convince friends of my mine to buy in my neighborhood, because, you know, it's crazy town. This is one more problem, illegal units, parking, all of these issues in total make for a terrible neighborhood and for a poor quality of life. This is why I say, all of our leaders sitting up there, we need to stand firm. We have these laws to protect our rights. He says that his neighbors are with him. But, you know what? These neighbors are here for a while, who knows who comes in afterwards. Because, I came into my neighborhood and we are saturated with boarding homes, you know. And, now, I have to live with that, because maybe the neighbors then said, OK, it's all right for us to have boarding homes. You know, we need to put a stop. The neighbors are here, but we need to have a vision, not for the moment, not for right now. Ten, 20, 30 years from now. I thank you. 143 November 26, 1997 Chairman Hernandez: Thank you. Ralph, can you come before we take a vote or a motion on what we are going to do? After the demolition, does he still have a rear and setback problem? Mr. Rodriguez: Ah, yes. He's still got the rear and the side setback problems. He's still going for the variance for the rear and the side. The demolition was only for him to comply with the minimum dimensions on the accessory structure, which it was too large to be called an accessory structure. Chairman Hernandez: OK, is there a motion? What does the board want to do? Commissioner Plummer: It's not my district. It's... Commissioner Regalado: I... Commissioner Plummer: It's a free gift. Commissioner Regalado: I would never run from responsibility, and I know that he has tried, but in the past we have denied different variances. The people of this area want to have their houses at their best and I just... I am really sorry for all the efforts that Mr. Campoamor has done. But, I cannot approve these variances with this situation. If there is any way to resolve the other problems, I don't know if there is. What else can he do to be up to code, I don't know. Ms. Slazyk: No, he just has to remove enough of the building that he meets the setback. Accessory structures are by no means prohibited. If he wants an accessory structure to be storage or a recreation room, or whatever, those things are perfectly permissible. But they must comply with their setbacks. If not, you end up with this over -construction on the property that starts to hurt the neighborhood. Chairman Hernandez: Structure -wise, he can do that? Ms. Slazyk: Structurally, all he has to do is remove... I mean, he already removed a chunk of the building. It's a matter of removing a few more pieces and coming down to a reasonable size accessory structure. Chairman Hernandez: Has that been explained to him? Ms. Slazyk: I... Commissioner Regalado: [COMMENTS IN SPANISH] Mr. Campoamor: "Si, senor." Commissioner Regalado: That's it, he said, "yes." He would remove the part that he needs to remove. Ms. Slazyk: Right. There, he is asking for a two foot side setback variance and seven feet at the rear, so he would have to move two more feet from the side, seven from the rear and the proper action for the Commission to do, would be to deny this variance. He could come in with a set of drawings showing that all he is going to do is leave what complies with the zoning code, and he doesn't even need anything from this Commission. Chairman Hernandez: How much time does he need to do this? Ralph, how much time would you think is reasonable time? 144 November 26, 1997 Mr. Rodriguez: It's to get the drawings and the permit, if he wants to go that route. I think about 90 days. Chairman Hernandez: Give him a little more time. Commissioner Regalado: Let's give him more time, because, you know... Mr. Campoamor: [COMMENTS IN SPANISH] Mr. Rodriguez: Whatever is the will of the Commission. Mr. Campoamor: [COMMENTS IN SPANISH] Chairman Hernandez: Yeah, I think that's reasonable. Ms. Slazyk: He is saying six months. Commissioner Regalado: Let's... Mr. Chairman. Chairman Hernandez: I need a motion. Commissioner Regalado: Mr. Chairman, let's give him six months. He has to spend a lot of money. But, this Commission, I myself cannot approve a variance at this moment. And... but, I think that he has to spend a lot of money. He's been working in good faith, so let's give him six months to comply with this. Commissioner Plummer: Make a motion. Chairman Hernandez: So, your motion is denying the variance and giving him six months to comply? Commissioner Regalado: Six months to comply. Chairman Hernandez: Commissioner Regalado has made a motion, seconded by Commissioner Plummer. All those in favor? Commissioner Plummer: Hold it, hold it. Chairman Hernandez: Yes, sir. Commissioner Gort: No, no. Commissioner Plummer: I don't think that's within our purview. Ms. Slazyk: No, I believe that the amount of time to comply is up to the Code Enforcement Board. Commissioner Plummer: Absolutely. Chairman Hernandez: OK. Ms. Slazyk: Your proper action would be to deny the variance and... 145 November 26, 1997 • Commissioner Regalado: And, recommend. Chairman Hernandez: Recommend. Commissioner Regalado: And, recommend. Ms. Slazyk: ... to recommend to the Code Enforcement Board... Commissioner Plummer: That's correct. Ms. Slazyk: ... that they give him six months because he has shown good faith and he wants to comply. Commissioner Plummer: There you go. Chairman Hernandez: That's what... Commissioner Regalado: All right. Chairman Hernandez: Motion by Commissioner Regalado, second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 5-0 vote. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-845 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING A VARIANCE TO PERMIT A STRUCTURE WITH A REAR YARD SETBACK OF 3 FT. (5 FT. REQUIRED) AND A SIDE YARD SETBACK OF 3 FT. (10 FT. REQUIRED) FOR AN EXISTING ADDITION TO A SINGLE FAMILY RESIDENCE, ZONED R-1 SINGLE-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2615 SOUTHWEST 20TH STREET. 146 November 26, 1997 (Here follows body of resolution, omitted herd and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 55. GRANT APPEAL -- REVERSE ZONING BOARD DECISION AND GRANT VARIANCES TO PERMIT DRIVEWAY WITH SIDE LINE SETBACK OF 2.5 ' -- LOCATION; 315 S.W. 10 AVENUE -- APPLICANT: FELIPE AND CLARA BOUZA. Chairman Hernandez: PZ-4. Ms. Lourdes Y. Slazyk (Asst. Director/Planning and Development Department): PZ-4, is a little bit different. This is also a variance that was denied by the Zoning Board and appealed here. But, what happened between the Zoning Board meeting and the last time you heard this, was that the applicant had revised all their plans in conjunction with the Planning Department. We met with them several times. They have removed three of the four variances. The property is a 5,000 square foot lot, which is the standard lot size in the City of Miami. There was insufficient hardship for the four variances they were initially seeking. But, the changes in plans that they have made have reduced them to one variance. It's an R-3 property. There are still only two units and a reasonable use of, you know, reasonable expectation on the use in an R-3, to have at least two units, is a reasonable expectation. The one variance that's left is the five feet for the driveway, five feet closer than the side property. They are asking that that be reduced to two and a half feet, and we are recommending approval. This is a much improved plan and there is sufficient hardship to warrant this. Chairman Hernandez: Is there anybody out there that objects this applicantion? We have a motion by Commissioner Plummer, is there a second? Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 147 November 26, 1997 0 • The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-846 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE TO PERMIT A DRIVEWAY 2.5' FROM THE SIDE PROPERTY LINE IN THE FIRST 20' SETBACK (5' REQUIRED) FOR THE PROPERTY LOCATED AT 315 SOUTHWEST 10TH AVENUE, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Ms. Slazyk: They are approved... Just for the record, this is approval for one of the four variances for the driveway closer than five feet from the side property line. Down from five feet to two and a half per revised plans on file. Chairman Hernandez: Correct. Commissioner Plummer: Absolutely. What we approved is what you said. Chairman Hernandez: PZ-5. Via Del Rio Restaurant, Inc. Ms. Slazyk: OK, first what the City Attorney wants me to declare on the record, on the previous one. It was reversing the Zoning Board, granting one of the four variances for two and a half feet reduction on the site. Chairman Hernandez: Correct. Commissioner Plummer: And recommended by the department. Ms. Slazyk: That's it. 148 November 26, 1997 ------------------------------------------------------------------=--------------------------------------------- 56. DISCUSS / CONTINUE TO COMMISSION MEETING OF JANUARY 27, 1998, CONSIDERATION OF (APPEAL OF ZONING BOARD DECISION TO ALLOW A TAVERN -- LOCATION: 1673 N.W. 27 AVENUE -- APPLICANT: VIA DEL RIO RESTAURANT. Chairman Hernandez: PZ-5. Ms. Lourdes Y. Slazyk (Asst. Director/Planning and Development Department): PZ-5 is a special exception that was approved by the Zoning Board. It is being appealed here today by the neighboring homeowners and businessowners within 375 feet. The department recommendation was for approval with conditions. This is the Via Del Rio Restaurant on 27th Avenue at 1673 Northwest 27th Avenue. The department has found that since this is an existing restaurant within an existing retail shopping center, it is in compliance with all of the criteria and zoning ordinance. The special exception condition that we placed on this was that this, the approval as a tavern run with this operator only. Because once it's approved, if they sell it to somebody else who wants to do, you know, the full bar different than what was presented by this applicant, we would like it to come back to the Zoning Board. So, again, it complies with all the criteria of 1305.. It's on a major arterial commercial road, and, you know, the department recommends approval with that one condition. Commissioner Plummer: Question based on if we were to approve, as recommended, at what time... As I understand it, they have the right to stay open, 24 hours a day, now? Ms. Slazyk: Yes, sir. Commissioner Plummer: As they are presently constituted. What this would allow them to do is to serve alcohol as not the primary purpose, being food, but an accessory use. Ms. Slazyk: That's correct. Commissioner Plummer: All right. Ms. Slazyk: As a restaurant... Commissioner Gort: What happened to PZ-4? Ms. Slazyk: ... Fifty-one percent of their sales have to food and 49, alcohol. Commissioner Plummer: My question is, is there time limits on this? Ms. Slazyk: They can only sell the alcohol until 3:00 a.m., unless they come in for a supper club or nightclub use. And, that's not what this application is for. So, the alcohol sales will have to stop at three, but they can continue to sell food 24 hours if they want. Chairman Hernandez: OK, can they serve alcohol, incidentally to the food? Ms. Slazyk: They could serve alcohol without the food. They can do that today, as long as their overall sale... Chairman Hernandez: I am saying, after three. 149 November 26, 1997 Ms. Slazyk: After three, they cannot serve alcohol anymore. Chairman Hernandez: At all? Ms. Slazyk: At all. Chairman Hernandez: Even it, it's accompanied by food? No? Ms. Slazyk: My understanding is they can't. Commissioner Regalado: And, at what time can they start selling alcohol in the morning? Commissioner Gort: Any time. Ms. Slazyk: Ten a.m. Commissioner Plummer: From three a.m., to ten a.m., they can't sell any booze? Ms. Slazyk: That's correct. Commissioner Plummer: One other question. Is that in relation to beer and wine or alcohol? Ms. Slazyk: Both. Commissioner Plummer: My final question. This is a special exception, am I correct? Ms. Slazyk: Yes, sir. Commissioner Plummer: Special Exception. Can we in fact, if this board chooses to do so, give it a one year priority? Ms. Slazyk: Yes, you can attach any reasonable conditions. If you would like a one year review to see what the impacts of this, that would be totally appropriate. Commissioner Plummer: You are indicating to me it is totally encompassed in a shopping center. Ms. Slazyk: It is within an existing retail complex where the restaurant is one of the merchants, or one of the businessowners in the center. Commissioner Plummer: OK. Chairman Hernandez: Agent. Mr. Virgilio Perez: I am not the opponent. Commissioner Gort: This is an appeal. Mr. Perez: This is an appeal, Mr. Chairman. Ms. Slazyk: Yeah. In appeals the appellant usually goes first. Mr. Perez: My name is... 150 November 26, 1997 Mr. Walter J. Foeman (City Clerk): Mr. Chairman, excuse me. May I swear them in? Chairman Hernandez: Is anybody out here going to testify on this issue, other than this gentleman? Sir. [COMMENTS IN SPANISH] AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Plummer: Mr. Chairman, I would hope that if we have it passed, there would be certain time regulations afforded to both sides evenly and I would hope that could set a time limit like ten minutes to each side. That should be adequate. If not, we be running here all night. But, the Chairman sets the time limits. Chairman Hernandez: Five minutes. Commissioner Plummer: Wow! I like that Chairman. Mr. Jose Martin: OK, my name is Jose Martin. My address is, 2744 Northwest 17th Street. [COMMENTS IN SPANISH - translated by Ms. Teresita Fernandez]. Ms. Teresita Fernandez (Chief, Hearing Boards): My first words is to congratulate this Honorable Commission. That is the first thing today and my best desires is that you will succeed like all the citizens of Miami -Dade need it. I am representing many owners, property owners. Mr. Perez: Mr. Chariman, is he a registered lobbyist? He says he's representing... Chairman Hernandez: [COMMENTS IN SPANISH] Mr. Martin (COMMENTS IN SPANISH - translated by Ms. Fernandez): I have lived in there for 37 years. Same years that Mr. Plummer has been sitting down in that chair. Commissioner Plummer: Boy, you are an old geezer. Mr. Martin (translated by Ms. Fernandez): This is a neighborhood, a residential neighborhood surrounded by big buildings where there are a lot of children. And, our presence here, is to protest of the arbitrary agreement of the Zoning Board that didn't consider our communication of September 22, certifying with 43 signatures of all the property owners of this area. We... there was a bad vote -- I don't know how to translate that, do you know? -- With another people from the other side where there were children that they were not property owners. We, all the property owners want a better form of living because we have been fighting for this 34 years. And, I just want to say five words, that will be the last that was said. A police chief that said, "They are like nests to bad doings, to delinquents." I have a dream here. I have attached myself to the American dream. I truly believe that I should get of this Honorable Commission the award to the American dream to have a tavern with good parking, 375 feet from my home. Thank you. Mr. Francisco Casteneira: My name is Francisco Castaneira, and I want to know what is that "tavern." Because, they have a license for a coffee shop, they have a license for a restaurant, they have a license for a liquor, you know. Because, they sell beer and alcohol, and they have another permit, you know, for a table with a ball. What is that? A tavern. This is something different. What is? It's good for us or it's bad? That's it. 151 November 26, 1997 Chairman Hernandez: Thank you. Mr. Perez. They don't have anybody else. Mr. Perez: I am sorry, Mr. Chairman. I was just looking at... Chairman Hernandez: All right. Mr. Perez: Yes, my name is Virgilio Perez with office at 159 Shore Drive West, and I am representing Via Del Rio Restaurant. I would like to be expedient by... state that this restaurant, first of all, it's in concordance with all the State and regulations and City of Miami. I would like to introduce this as an exhibit. I would also like to say that we have 35 neighbors signing a petition which is in accordance to accept this tavern. And, I would like to say that this is a family owned restaurant. It's been in existence for eight years. This is an inexpensive restaurant which is needed in the area. Most of the appellants live across 27th Avenue. We believe that this restaurant is doing everything by the book. We have come, this is not a Code Enforcement Board action. On the contrary, this restaurant has pulled all the licenses and have come in front of this board and the prior board which we are saying that we will not approve in order to establish a business which the code of the City of Miami permits. The American dream is the ones these people are doing in this restaurant. They have come, they have, getting all the licenses, and they have established a restaurant for eight years. I don't know what he is talking about, children. I don't know what he's talking about, residential buildings on the area. One thing I do know, that the residential building we have requested by the owner, a police report, an analysis,of police report. And, the building that he's talking in 27th Avenue, and I am going to submit several crime analysis report, has over 60 complaints. Sixty complaints of this building. And, I would like to present it as an exhibit for the Commission to look at it. And, our own restaurant has only nine complaints, that's only in the year 1997. For the expediency of time, since we have only five minutes, I would like to have the owner of the business and representative of the family member just to speak briefly. Ms. Marilys Fernandez: Mr. Chairman and members of the Commission. My name is Marilys Fernandez, I am the daughter of Carmen Fernandez, the owner of Via Del Rio Restaurant. My address is 2900 Southwest 26th Street. We come before you to contest the appeal brought forth by certain members of the community who live in the area of the restaurant. For the last, past eight years, my parents have owned and operated the Via Del Rio , Restaurant. We predominantly cater to middle and lower income families and individuals who live or are employed along the Miami River. The majority of our customers are Central and South Americans who consider the Via Del Rio Restaurant their central place and fellowship and quality dining at affordable price. We are open for breakfast, lunch and dinner, serving a vast assortment of Caribbean, Central and South American meals. It is our intent to continue serving this type of food even after your gracious approval of the tavern license. On September 22nd of this year, my family came before the. City of Miami Zoning Board and after all findings and rebuttals, we were approved for the special exception. This was done because we met all the guidelines for the zoning ordinance of the City of Miami. The individuals who are contesting this board zoning approved action has alleged that allowing a tavern in our location will increase the crime rate of the area. To this, I say, it couldn't be further from the truth. Two years ago, the surrounding area was plagued by gangs who live in the nearby trailer park and the large apartment building along 17th Street. This gang was responsible for the majority of the robberies, burglaries, beatings and stolen cars of the area. Yet, no one was willing to inform of them for fear of reprisals. My mother was robbed at gun point, and my father shot at. Our restaurant was burglarized in excess of 20 times during the first three months of 1997. These gangs also terrorized the Portofino Shopping Center, forcing merchants to go out of business. My parents contacted, Sergeant Joe Siglar, who with Lieutenant Hector , targeted the ring leader and arrested the offenders. With the extensive work of the police and our continued assistance, the area has improved immensely. We have a long standing relationship with the Miami Police Department and we will continue our effort to ensure quality of life, free 152 November 26, 1997 of crime around the restaurant. We encourage those who contest the variance to be the eyes and ears of the police and help all of us to make Miami safe. We are a family that believe in doing the right thing. We therefore wish to dispel any notion that granting us the Zoning Board approved variance will have an adverse impact in our community. We humbly request your approval. Thank you all for your kind attention. Chairman Hernandez: Mr. Perez, what's the nature of nine complaints that were filed in the year 1997? Mr. Perez: The nature of the nine... It was not complaints, was just information and there was never an arrest in our property. I would like to present this as an exhibit. Chairman Hernandez: What was the incident, and what do you mean by nine incidents? Mr. Perez: No. Nine incidents that were called into the police in order to, not incidents in the place. It was like they were saying, they were calling the Police Department in order to get the gangs out of there and get the... Chairman Hernandez: They were the ones that were calling? Mr. Perez: Yes, they were the ones who were calling. Chairman Hernandez: Two minutes. Mr. Santiago Gervacio: Good afternoon, my name is Santiago Gervacio. I reside at 2550 Northwest 13th Street. I have been visiting this restaurant and eating with my family for the last four and a half years. It is a very, very pleasant atmosphere. I would suggest you stop by there some time. The people requesting for this business not to get the... or be denied of the tavern license are people to live on the West of 27th Avenue, which is... The noise might be coming from another place that is there, I don't even know the name. But, it's another restaurant close to the person that is requesting this particular thing. Twenty-seventh Avenue is very noisy, and I don't believe children will jump from that side to the other side. Here, we have a lot of people that are like me, customers of this restaurant and very happy with the family. Mr. Perez: Mr. Chairman, in order to finish up my rebuttal for the appellant, is that this is restaurant through its eight years... I have been here in the City of Miami since 1960. I have seen many, many people and many businesses operate illegal in this City. This restaurant over a eight year period has operated legal. Even, they have gone to the extent to get a Class I exception in order to legalize the billiard tables that they have. They play dominos. This is a family oriented restaurant. And, it's been proven one over and over and over again by the service that I have made and I think that the truly is, that they are trying to succeed the real American dream, coming in front of this Commission, trying to legalize what they can obtain, which they already have the permit to serve beer and wine, and open 24 hours. They don't want to do that. They just want to increase their business according to the code of the City of Miami. We are in accordance with the department, we have accepted the recommendations that if the restaurant is sold, this will revert right back where it is. This is a small restaurant and I think you should grant this exception to them. Chairman Hernandez: You serve liquor up to three o'clock now? Mr. Perez: That is correct. Beer and wine. Chairman Hernandez: And, you want to serve Iiquor after three, up to what time? 153 November 26, 1997 Mr. Perez: We don't want to serve liquor after three. Chairman Hernandez: Beer and wine. Mr. Perez: We don't want to serve after three. We want to serve it until three, which is permitted by... Chairman Hernandez: Until three. Mr. Perez: Until three, right. Ms. Slazyk: Yeah, they can sell liquor now, until three a.m. The only thing that they have to comply with now, is that 51 percent of their sales have to be from food and 49 is what they are limited to for liquor. Mr. Perez: And, what the problem is, since this is a small restaurant and they are very small. It really takes them, a bookkeeping problem for them. Chairman Hernandez: A what? Mr. Perez: It's a bookkeeping problem for them to maintain all this thing. Chairman Hernandez: Are there any questions from this Commission? Ms. Victoria Martin: Excuse me. I didn't... I am so surprised. I didn't know that we have such a wonderful place in our neighborhood. But... Chairman Hernandez: Excuse me, ma'am. Can you state your name and address for the record, please? Ms. Martin: My name is Victoria Martin. I live at 2744 Northwest 17th Street. That means very close to the restaurant. And, let me tell you, I so surprised about what I heard here. Because, I have a... I don't know, have a bar that is like a church. Yes. It's very, very surprising. I invite, but not you, to send somebody to look at the place. And, another thing, I doubt that something can happen there, because there is a family, a member of the family that belongs to the Police Department. And, that's the protection they have. That's all. Chairman Hernandez: Thank you, very much ma'am. Are there any other questions from this board, so we can close the public hearing? Do we have any motions? What's the will of the Commission? Commissioner Gort: My understanding is, the differences between... with the license they presently have, and the license they will like to obtain is, they will be able to serve liquor without food. Ms. Slazyk: They will be able to exceed that 49 percent of their total sales that they are limited to today. ` Chairman Hernandez: Beer and wine. Beer and wine. Ms. Slazyk: And, liquor. Commissioner Gort: Presently, at this time, they can sell beer and wine until 3 o'clock in the morning and they can serve food and so on. 154 November 26, 1997 Mr. Perez: That is correct. Commissioner Plummer: They sell hard liquor. Ms. Slazyk: They can sell until three in the morning. Commissioner Gort: And, they can sell liquor until three in the morning. It's not... Ms. Slazyk: Their gross sales, as part of their license, they have to show, I think it's annually, their total sales, and that 51 percent is food. Commissioner Gort: You know, unfortunately being hard on the bookkeeping and accounting is not an excuse to get this... Mr. Perez: Oh, no. They can sell... Excuse me, Commissioner. Commissioner Gort: Excuse me, sir. I am speaking now. Mr. Perez: Sir. Commissioner Gort: I have received a lot of calls from the neighbors. I have been around the area, and I don't think a tavern will really help that whole area at all. I am ready for a motion. Chairman Hernandez: What is your motion? Mr. Perez: If I may correct, Mr. Commissioner. We can sell beer and wine, we cannot sell liquor. Commissioner Gort: I understand. Mr. Perez: OK, I just want to clarify that. Commissioner Gort: I would like to keep it that way. Chairman Hernandez: What is your motion, Commissioner Gort? Commissioner Gort: I would like to uphold the... Commissioner Plummer: Would you could consider the variance or the special exception with a one year review or six months review so that we can try it, and see if it works? Commissioner Gort: I will accept it for the six months review. It's got to come back to us in six months. But, right now, you know... In looking at this, one of the biggest problems we have had through all our neighborhood, is the type... the police are working very hard to close all these places. We have a lot of problems. I understand it's a family owned business. They are doing a great job as a restaurant. I hate to see it going into something else. I could not go for it. Chairman Hernandez: I know what you are saying, Commissioner Gort, I think, the only thing that I could tell you, is that it sounds to me and I have not been to this establishment, and this is a lot different the rest of the establishments that we have been cracking down, where realistically there is no food being served. They are just a... they are a cafe, it's a cafe disguised as a bar or a bar disguised as a cafe. So, I think this is somewhat different. But, what is your motion? 155 November 26, 1997 Commissioner Gort: My motion is to uphold the appellant's decision. In favor of the appellant. Ms. Slazyk: To reverse the Zoning Board. Commissioner Gort: To reverse the Zoning Board decision. It was four to three, by the way. Chairman Hernandez: Is there a second? There is no second. So, your motion dies. Commissioner Plummer would you come up with some creative motion? Commissioner Plummer: You know, it's so damn unusual that I see that the Planning and Zoning Department recommend for approval of something of this nature. I think that we ought to at least try with the six months review and we will be able to document through the NET office and if in fact, there is a problem, at the end of six months, we say, thank you, good-bye. And, if there is no problem, we can either grant it for another period of time or grant it period. So, I have no problem to uphold the Planning Department and the... Chairman Hernandez: Denying the appeal and giving them a six month... Commissioner Plummer: It would be denying the appeal, yes. But, predicated on a six months review and I would hold the NET Administrator responsible in that particular area to monitor any and all complaints. And, predicated upon that, I would move its approval. Chairman Hernandez: Is there a second to the motion? Mr. Perez: Just for the record, we will be accepting that, Mr. Plummer. Chairman Hernandez: Commissioner Regalado... Commissioner Plummer: You had to accept it or you lose. Chairman Hernandez: ... would you like to second that motion? He's giving them a six month period in which it's a trial basis. And, if in six months when they come back, there are any problems, any complaints, then obviously we will approve the original appeal by the appellant. Commissioner Regalado: Mr. Chairman, I... I, first of all, I have not visited the place, so I don't know the place. I know, I have seen the area. I always like to hear the complaints of the neighbors. But, Commissioner Plummer said something, this is a family -owned, and Commissioner Gort said something, this is a family -owned business. I think that they mean well. I am, I don't have any problem with the six months, but still it goes against my pattern of trying to stop things that I consider that would change neighborhoods. So, although I would sympathize with them, I cannot second the motion by Commissioner Plummer. I am just in the middle, and I think that we need to respect the fact that this is in Commissioner Gort's district and he knows best what his district needs. Commissioner Plummer: Well, everybody wants to go to heaven, but nobody wants to die. Commissioner Gort: Let me ask you a question. Let me, wait a minute, hold on, hold a minute. Let me ask you a question. Why don't we try one more time, you are a family oriented businesses, you want to do what's right for that neighborhood. Why don't you all get together with your neighbors again one more time and let's see if we can come to some kind of agreement. Mr. Perez: Commissioner, we tried that. 156 November 26, 1997 Commissioner Gort: Right now, you are not getting a decision right now. Mr. Perez: No, but we tried that last time. They didn't want it. Commissioner Gort: From what I am hearing here, you are not getting a decision. What I am asking the neighbors, they can see the numbers, they can see where this board is going. My suggestion is, you all should get together. If this is a family owned business, they should know, that you should sit down and tell them what is the differences that you are going to do by getting this license. They might not understand completely, and they might want to have some restrictions. So, for the sake of everybody being good neighbors, and being that we are not going to get a decision here today. My suggestion is, bring it back the next meeting. But, get together with them and sit down with them. Commissioner Plummer: Make the motion. Mr. Perez: We will be really more than willing to talk to them again. Commissioner Plummer: Mr. Perez, do you know an offer than you can't refuse? Mr. Perez: Yes. Commissioner Plummer: Keep arguing, you are going to lose. Mr Perez: I'm not arguing. I'm accepting what Commissioner Gort says. Commissioner Plummer: I don't think you have any choice. Commissioner Gort: Let me explain this to the neighbors. Chairman Hernandez: Sit down, get together with them, we will put you on the next agenda item as close as possible, so we could make a decision and everybody is happy on this one. Commissioner Gort: I would like. Mr. Chairman... Chairman Hernandez: Go ahead, Commissioner. Commissioner Gort: ... if I may? I would like to translate what I just said in English in Spanish, so the neighbors can understand. [COMMENTS IN SPANISH] Chairman Hernandez: Let me ask the gentleman who made the initial presentation to come up here. Maybe, just maybe he will accept this, and maybe he won't, for the efficiency and expediency of this Commission. Sir. Translate to what I am about to ask him. Are they willing to give a trial basis, six month period to them whereby they can go to the establishment? Commissioner Plummer: Well, that's not what you recommend. That's not what he recommended. Chairman Hernandez: No, I know that's not what he recommended. But, maybe we can settle it, here and there. Commissioner Plummer: Oh. Chairman Hernandez: I am asking him, are they willing to live with it six months to see if it works out or not? 157 November 26, 1997 Mr. Jose Martin (Translated by Ms. Fernandez): I feel bad that Commissioner Gort, that I know him since he was a child. I am a friend of his father since Cuba for he to do this to me, and this is the second time he does, that I should be in accordance... I should not be at the delinquents... Commissioner Gort: [COMMENTS IN SPANISH] Mr. Martin: [COMMENTS IN SPANISH] Commissioner Gort: No, no, no. Mr. Martin: [COMMENTS IN SPANISH] Commissioner Gort: [COMMENTS IN SPANISH] Chairman Hernandez: [COMMENTS IN SPANISH] Commissioner Gort: [COMMENTS IN SPANISH] Commissioner Plummer: I waive consecutive translation. Commissioner Gort: Well, I made the statement to him that he stated I have made a motion against him. I tried to explain to him that I made a motion in their favor and I did not have a second. Chairman Hernandez: OK. Commissioner Gort: And... Chairman Hernandez: Commissioner Gort, the bottom line is this, a need to make a decision. You want to give yourselves another opportunity to sit down with them and tell us they don't want to do it, but if you want to give it another shot and come one time before us... Commissioner Gort: Yeah, but I... Chairman Hernandez: We have to make a decision. So... Commissioner Gort: I think this gentleman made some remarks concerning those individuals. I don't think they are correct and that's why I think they should have another opportunity to get together. Chairman Hernandez: There is no reason to get personal. Mr. Perez. Mr. Perez: Yes. Chairman Hernandez: Sit down one more time, give it a shot... Mr. Perez: We will. Chairman Hernandez: ... come before us. We will make a decision next time around, we are going to have to. OK? Commissioner Plummer: All right. But, "Oye." 158 November 26, 1997 • C Mr. Perez: We are willing to work and we are willing to dialogue with anybody. Commissioner Plummer: You talk too much. Oye. I think you need to provide this board with proof that you have at least made an effort to these people to invite them to sit down, and try to talk and try to compromise, OK? Ms. Slazyk: The Planning Department... Commissioner Plummer: Because, if you are going to have just, you know, a coffee and tea, and nobody is invited and nobody knows what's it going be involved, then we have wasted our time and yours. Mr. Perez: We are willing to invite them to the restaurant so that they can see it. Commissioner Plummer: So, you have a Christmas party. Mr. Perez: Not really, but... Ms. Slazyk: What I would recommend that, you know, the Planning Department would offer to attend and see if we can... Commissioner Plummer: There you go. Commissioner Gort: Right. Ms. Slazyk: ... a mediation. Maybe something they can work with. Commissioner Plummer: That's it. Chairman Hernandez: Yeah. Ms. Slazyk: So, then we would ask for it then to be continued to January 27th to give us time to set the meeting and come back... Commissioner Plummer: Fine. Chairman Hernandez: OK, it's continued to January 27th, OK? Date specific. ---------------------------------------------------------------------------------------------------------------- 57. GRANT APPEAL TO REVERSE THE ZONING BOARD DECISION -- GRANT 1 OF 3 VARIANCES TO PERMIT SIDE YARD SETBACK (WEST) OF 31" -- WAIVE ONE OF THREE REQUIRED OFFSTREET PARKING SPACES FOR EXISTING SECOND UNIT ADDITION -- LOCATION: 1837 N.W. 33 STREET - APPLICANT: ANGEL RODRIGUEZ. Chairman Hernandez: PZ-6. Commissioner Regalado: Five minutes, no? Ms. Lourdes Y. Slazyk (Asst. Director/Planning and Development Department): This is also an after the fact variance that was denied by the Zoning Board. The applicant has made several 159 November 26, 1997 modifications to the plan in order to reduce the amount of variance being requested. There is still no hardship to justify these variances because they have a lot size of 7,451 square feet. It is an extremely oversized lot. They have overbuilt even with the modifications to the plans and it is still an excessive variance for the taht size property. Commissioner Plummer: Is there an applicant? Mr. Angel Rodriguez (Translated by Teresita Fernandez): For the third time, my name is Angel Rodriguez. My address, 1837 Northwest 33rd Street. Ms. Fernandez: Don't we have to swear him in? Commissioner Plummer: Yes, of course. Ms. Fernandez: Do you solemnly swear to say the truth, the only truth, so help you, God? Commissioner Plummer: What, hello. Ms. Fernandez: I am just translating the swearing in. Mr. Rodriguez: (Translated by Ms. Fernandez): I have tried three times to do a variation in my house. Three time to come here for you to give me the permit to do it. And, it has been denied. I do not see the reason. Why, if I want to do a variance in my house, and I am trying to fulfill what the City is asking me for, it has been denied. Commissioner Plummer: Has he been before Code Enforcement? Chairman Hernandez: It's a three hundred and fourteen thousand dollar ($314,000) fine. Ms. Fernandez: Yeah. Mr. Chairman, the fines now are three hundred and twenty-four thousand four hundred and fifty. Chairman Hernandez: What's the value of the property? Ms. Fernandez: That I don't have. Commissioner Plummer: Have we started foreclosure? Ms. Fernandez: I don't know if he has homestead exemption. He probably does, I don't know. I will have to... Commissioner Plummer: After the fourth month, foreclosure action is supposed to be started. Ms. Fernandez: This is a case from 1991. Commissioner Gort: Now... Commissioner Plummer: Six years ago. I mean Code Enforcement is very prompt, very efficient, six years ago, this case came before us. And, you are going to tell me Code Enforcement is a good, good, thing? Boy, you have got to convince me. I mean, I want to tell you, it's a joke. It is a joke. Six years! Commissioner Gort: J. L., if you... 160 November 26, 1997 11 Commissioner Plummer: Give him another six years. What the hell difference does it make? Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, he's got a homestead. Commissioner Plummer: What? Ms. Fernandez: He has homestead. Commissioner Plummer: Excuse me, he might have a homestead on it. I am saying to you, this thing has been going on for six years. Do you think for one minute -- I am not talking to you -- Do you think for one minute that the people of this City are going to respect when a person is in violation of the law that this City takes six years to bring it to this table, that they are going to think that we are doing what we are supposed to be doing. And, I am not speaking to this particular issue. He might be get granted. But, six years, I mean, it just absolutely to me, it's ridiculous. Commissioner Gort: I have got a question. My understanding_ is, the side setback is only five foot, and here it shows 15. Commissioner Plummer: You used to be on the damn board. You were there in '91. Commissioner Gort: And, now it says for variances. Commissioner Plummer: You were there in '91. Ms. Slazyk: Let me get the plans and see what the Zoning writer said. Commissioner Plummer: Fourth month, you are supposed to start foreclosure. Commissioner Gort: But, we don't have any side setback of 15 feet. Ms. Slazyk: No, it is... That's a street side setback, is 15. But, this is on the corner, so that doesn't make sense. Commissioner Gort: It's in the middle of the lot, yeah. Ms. Slazyk: Yeah. Commissioner Gort: That's what I was looking at. Ms. Slazyk: It appears that there is something wrong in that variance. Commissioner Plummer: Yeah, and if we deny it, he will be back here six years from now. Ms. Slazyk: He's still only three feet from there, so, I mean there is still a variance requirement. Commissioner Gort: Yeah, but you are talking about a variance of 1.9. I mean, 1.11. Ms. Slazyk: Yeah, that's... It's five feet, so it's required. Commissioner Gort: Well, my understanding is, when this case goes to Code Enforcement, that the people in Code Enforcement make the statement that they are going through the process, in trying to go through a variance... 161 November 26, 1997 0 • Ms. Slazyk: Yes... Commissioner Gort: There is a waiver of that. Ms. Slazyk: We can't get them... From the time the Code Enforcement Board gets it, there is a certain amount of time to comply. The property owner has to come and fill out an application for a variance and we can't force them to come do that. If they take two, three, four years to do that, there is nothing we can do about it. Commissioner Plummer: So, in other words, if they are in violation of the law, they don't file for a variance, they can just keep on going, and going, and going. Is that what you are telling me? Mr. Jones: Commissioner, my suggestion is that what we can do is, discuss it with the Code Enforcement Board. And, that any future actions like this... Commissioner Plummer: Yeah. Mr. Jones: ... that they give them a time certain within to apply or whatever. That's the only way you are going to stop... Commissioner Plummer: And, if they don't apply, then what happens? Mr. Jones: Then, they would still be under the jurisdiction of... Yeah. Ms. Fernandez: They have at least... Ms. Slazyk: Unless, we go tear it down... Mr. Jones: Yeah. Ms. Slazyk: ... I am not really sure what we can do. I mean, maybe there is something that the Law Department can... Commissioner Plummer: Well, you know, I mean. Ms. Slazyk: We need it. Get two affidavits or something. Commissioner Plummer: We are... Code Enforcement, right now, if I am not mistaken, Mr. Chairman, cost this City one million dollars ($1,000,000) a year. The Planning Department, the Code Inspectors, the Law Department, the Hearing Boards. If I am mistaken, I'll stand corrected, but I am told, it's a million dollars ($1,000,000) a year. And, if you are telling me, that if these people don't want to comply, they don't have to, and we can't enforce them. Well, then let's save a million dollars ($1,000,000) a year. I mean, this is dumb. This is dumb. Either we have the right to make laws and enforce the laws or we don't. And, the people are sitting out there saying, Commissioners, why do you allow this to happen?" Do you think they are going to believe me if I say to them, we can't do anything. These people can just go ahead, on, and on, and on, and on. It makes no sense. It makes no sense. Chairman Hernandez: Well, the situation we got, Commissioner Plummer at this point in time, is just how I see it. We have got a running fine with running violations. If we deny his variances, the fines will continue to run, there is homestead exemption. We can't file foreclosure lawsuit. It will continue to run until he decides to sell it. At that point, he won't be able to sell it because there is a lien on the property. 162 November 26, 1997 Commissioner Plummer: Big deal. Chairman Hernandez: So, and if we send it back to Code... Commissioner Plummer: Yeah, but the violations will still be there. Chairman Hernandez: And, if we send it to Code Enforcement... Commissioner Plummer: You ready to make a motion? It's in your district. Chairman Hernandez: Yeah. I don't see what... Realistically, Willy. Commissioner. Commissioner Gort: My understanding is, the violations is 1.11 foot on the side setback. Was this unit built illegally? Ms. Slazyk: Yes, this was built without the benefits of building permits. It's an R-2. It's a second unit. They have... he has modified his plans to remove a certain amount of the illegal construction. I mean, he has been trying to work with us, but he will not... he can't take anything else off the side or he's left with a unit... It's his second unit that's too small and that wouldn't comply with code. So, he has removed as much as he could to have a legal size dwelling unit. It's still, a very large piece of property. There is no legal hardship. You know, he has been trying to work with us, but, you know... And, he has also, as soon as he put the second unit on, he was required two more parking spaces, of which he only was able to put one in. That means that, if that second unit has more than one car, they are going to be spilling out into the street. So, there is, you know... Commissioner Gort: He doesn't have enough front yard to put enough parking spaces there? Ms. Slazyk: He's got two of the three that are required. Commissioner Gort: Two of three. He cannot put the additional third? Ms. Slazyk: No, because of the way the house was situated on the property. Commissioner Gort: He's got three. Ms. Slazyk: No, yeah. He put the third one in by putting the strips of concrete in, instead of... Commissioner Gort: So, he's complying with the parking. Ms. Slazyk: No, this is the addition... Commissioner Gort: Right. Ms. Slazyk: ... that he cut off a piece off. Commissioner Gort: Right. Ms. Slazyk: He cuts the rest of the... Commissioner Gort: The blue... Wait a minute, the blue is the existing house that was built originally? 163 November 26, 1997 • C Ms. Slazyk: Yes. Commissioner Gort: The addition that he did... Ms. Slazyk: Is this, which is also part of the blue. This is the second unit. This very long, narrow piece. Commissioner Gort: Right. Ms. Slazyk: And, he already cut a piece of it. If he cuts it anymore it will be the little size that he can have. Commissioner Gort: So, we are talking about a variance on 1.11, am I correct? And, he has provided the parking lot, the parking spaces? OK. I don't think it's as bad as the other one. I'll move for approval. Commissioner Plummer: Subject to him paying the fine? Commissioner Gort: Subject... I don't know if he can pay the whole fine. You are talking about, what are talking about J.L.? Commissioner Plummer: Well, I am asking the question. I mean, is he going to... Chairman Hernandez: Ask him what's the value of the property? Ms. Fernandez: [COMMENTS IN SPANISH] Mr. Rodriguez (Translated by Ms. Fernandez): I am paying taxes for fifty-two thousand dollars ($52,000). Commissioner Plummer: How much? Ms. Fernandez: Fifty-two thousand. Commissioner Plummer: No way. Commissioner Gort: Yeah... Chairman Hernandez: Well, based on... Commissioner Plummer: No way is he paying fifty-two thousand in taxes. Chairman Hernandez: No, no, no. Based on fifty-two thousand. Ms. Fernandez: No, base. Commissioner Plummer: Oh, value. Chairman Hernandez: That's fifteen... 62, 70. Almost seventy thousand. Commissioner Plummer: Oh, I wish he was paying that much in taxes. Boy, we would have a big "lechon." Commissioner Gort: My understanding is, 1.11. He has provided the additional parking necessary in there. 164 November 26, 1997 Ms. Slazyk: But, he would also have to tear down the... which I believe he has agreed to do, the eaves, the overhang. That's the third variance on there. Commissioner Gort: Right, OK. Ms. Slazyk: So, you would reverse the Zoning Board, uphold the appeal... Commissioner Gort: Uh-huh. Ms. Slazyk: ... for the site setback only. Commissioner Gort: Uh-huh. Ms. Slazyk: And... Commissioner Gort: The rest he's got to comply with. Ms. Slazyk: ... the rest he has to go to the Zoning Board on. Commissioner Gort: On the Code Enforcement Board. Ms. Slazyk: You can recommend something to them. Eight hundred and fourteen. Three hundred and twenty-four, I am sorry. Commissioner Gort: I think, three hundred and fourteen thousand dollars ($314,000) is ridiculous. But, I think somehow this gentleman should pay for the things that he's done. And, people will have to learn that if they are going to avoid the law, they are going to have to pay for it. It's like a traffic ticket. You conduct in traffic, and you are going to have to pay for it. That would to be up to the Code Enforcement. Ms. Fernandez: Mr. Gort, the procedure will be now, once he is in compliance, he will have to go to the Law Department and try to mitigate the fine. If he doesn't agree with that mitigation, then he will go in front of the Code Enforcement Board. Commissioner Plummer: Excuse me. He can't mitigate, the Law Department can't mitigate under our new provisions on so much per month. And, he's gone way over 12 months, so he's at 100%. Mr. Jones: The mitigation still extends to cases prior in time that... before you amended and put the new system in place. Commissioner Plummer: Well, OK. I think 50% is fair. Commissioner Gort: Also, as I recall... Chairman Hernandez: Fifty percent of what? Commissioner Plummer: Is fair. Chairman Hernandez: Fifty percent of three... Commissioner Plummer: Of the fine. 165 November 26, 1997 Mr. Jones: Of three hundred twenty-four thousand. Chairman Hernandez: Three hundred thousand dollars ($150,000). Commissioner Gort: As Irecall. As I recall, one of the biggest problems that we had, this gentleman, although he was cited from 1991, he stated that he was not made aware of it until two or three months ago. We are in December. And, when I asked the department, wait a minute, J.L., when I asked the department if they have proof that this gentleman has been notified they couldn't provide it. Somehow, Code Enforcement and staff has got to find a way to acknowledge that these people have received whatever the violation they have. We have to make sure that they do, and you have to keep the record that they have. Ms. Fernandez: I have proof, Mr. Gort. Ms. Jacqueline Cotarelo-Echegarria: And, as I made... Ms. Fernandez: He was notified. He was notified. Ms. Colaredo-Echegarria: For the record... Chairman Hernandez: Teresita, how money is it going to cost him to comply? Does he know? [COMMENTS IN SPANISH] Commissioner Gort: It's going to be quite a few. He doesn't know. Five, six thousand dollars. Chairman Hernandez: [COMMENTS IN SPANISH] Ms. Fernandez: He doesn't know. Less that ten... Your question was five, six thousand or ten thousand. And, he said, his answer was, he doesn't know. Chairman Hernandez: How much money does he owe on the property? Mr. Rodriguez (Translated by Ms. Fernandez): About sixteen thousand. Chairman Hernandez: Sixteen? Willy, are we going to make a recommendation on the fine, or are we going to leave it up to... Commissioner Gort: On the fine, you know. Chairman Hernandez: Let me tell you what the Code Enforcement Board is going to do. The City Attorney is going to go down to fifteen percent of three hundred and fourteen thousand, which is obviously unreasonable. But, that's what... Commissioner Gort: We all know it's ridiculous, and I think somehow you have to, I don't know what kind of ordinance, what you are going to need. Chairman Hernandez: We have to cap the fines. Commissioner Gort: They should cap the fines. They should not exceed the value of the property. I mean, it's ridiculous. You know what happens? There are a lot of properties out there, that people, they have been abandoned, people cannot buy it because of the liens that exist on it and we can't get development. Ms. Jacqueline Cotarelo-Echegarria: First of all, I would like to say that I sit on the Code Enforcement Board and we are trying to d6a wonderful job. I mean, I heard that we are costing 166 November 26, 1997 them... I, you know, I don't get anything for it. As a matter of fact, I have had to pay for things. But, you know, one of the things is, that this is unrealistic. Three hundred and fourteen thousand dollar ($314,000) fine on an individual. I think my first priority is to serve the citizens of Miami. I cannot go ahead and lower, I mean, fifty thousand is unrealistic, you know, on a property value of fifty. So, what we have been doing is, even the Law Department has gone ahead and told us, you know, look at the seriousness of the offense, and you know, go ahead and base it on that. So, three hundred and fourteen thousand, that's never going to happen. We go down to court cost, what they say is twenty-five hundred. And, even then, we lower it because we have had people that cannot afford twenty-five hundred. And, it's not a matter of whether you, you know, it doesn't matter if you are going to give them one hundred thousand dollar ($100,000) fine or a thousand dollar ($1,000) fine. The first thing is, that you need tough code enforcement. And, you need for them to go ahead and be consistent. That's how I feel. Thank you. Commissioner Plummer: You know. Wait, let me tell you something. A twenty-five hundred dollar ($2,500) fine, they are laughing at you. Ms. Colarelo-Echigarria: I don't think so. Commissioner Plummer: They have no respect for you, and in cases like this one here that has dragged on for six years. Do you think the people that are watching on television today, they are going to say, the hell with it. Why should I comply? I don't have to comply. Those people down there, they are going to build up a big fine, they are going to waive the fine, and they are not going to do anything. And, they can't do anything and they can't foreclose. Ms. Colarelo-Echegarria: No, I think we take it case by case. And, it's a very, you know, if a person owes a million dollars ($1,000,000) and it's a very serious offense, I mean, we are going to go ahead and take that into consideration. Commissioner Plummer: Look, as far as I am concerned, as far as I am... Chairman Hernandez: Hey, we are way past the fine minute deadline on this issue. Commissioner Plummer: As far as I am concerned, you know, move it. Chairman Hernandez: Mr. Gonzalez, if you can make a comment and we are going to make a motion. Mr. Angel Gonzalez: Mr. Chairman, Commissioners, on behalf of the Code Enforcement Board, Mister... Commissioner Gort, I tend to agree with you 100 percent that a cap has to be placed on these fines. Because, as Commissioner Plummer says, it's become ridiculous. I mean, a person that owns a property with a value of fifty thousand dollars ($50,000) and has a fine of four hundred thousand dollars ($400,000), what are you going to do? And, a person that you know that doesn't have the possibilities of paying those fines, what happens is, we are mitigating these fines to a ridiculous amount, and then it has become a joke. People know that they can wait five, you know, a year, two years, three years, when they come before the board, they are going to come out of it smelling like a rose. Commissioner Plummer: Let me tell you what's not a joke. If that person who is assessed that fine knows that a lien is placed upon that property, and the day that property is sold that lien has to be satisfied first, they are going to give a little respect, OK. Commissioner Gort: But let me tell you what happens, J.L. Most of the liens that we have in excess and doesn't happen in your district, but happens in my district, what happens is, they go beyond the cost of the actual property. What happens, that property sits there in court because 167 November 26, 1997 nobody can do anything with it. Because there is a lien on it and they are not willing to pay for it. And, we need to, in this neighborhood we need to work with the people there and bring them back. Commissioner Plummer: Willy, I am willing to work with the people. I am willing to do what is necessary to bring code compliance. But, I am saying to you is, that what we are doing now, is not working. It's not working. Mr. Jones: Commissioner, this Commission... Mr. Gonzalez: Thank you. Mr. Jones: ... well over, I think it was a year ago, directed that the fines be capped. That was part and parcel of the changes that you made in terms of the new system. So, perhaps, what's not happening or what hasn't been done is the older cases that the fines have not been capped. But, you, there was a directive from this Commission to do that. Chairman Hernandez: It just speeds up the whole process. Commissioner Gort: My motion was to reverse the... Ms. Slazyk: Reverse the decision of the Zoning Board. Commissioner Gort: ... decision of the Zoning Board. Ms. Slazyk: And grant one of the three variances. Commissioner Gort: Only one of the three variance, which is only ... Ms. Slazyk: One point 11. Commissioner Gort: ...1.11 foot. That's the motion. Is there a second? Second? Chairman Hernandez: Is there a second on the motion? Second on the motion. Commissioner Plummer: Ask three times. Chairman Hernandez: You want to explain? Explain it again, Willy, please. Commissioner Gort, he will explain it. Ms. Slazyk: A motion to reverse the decision of the Zoning Board... Chairman Hernandez: OK. Ms. Slazyk: ... and grant one of the three variances for site setback of 1.9 feet where five feet are required. Commissioner Gort: No, the setback is... Ms. Slazyk: One pont eleven inches. Commissioner Gort: OK. Chairman Hernandez: And, then, what happens with the other two? 168 November 26, 1997 Ms. Slazyk: And, the other two variances, he took care of one of them and third one, I believe is the overhang that he is going to take care of. And, that will come off... Chairman Hernandez: OK, then he goes... Ms. Slazyk: He only needs one of the three variances. Chairman Hernandez: And, then he goes back to Code Enforcement to deal with the fine. Ms. Slazyk: That's correct. He is going to start with our Law Department and then go on to Code Enforcement. Chairman Hernandez: We have a motion by Commissioner Gort and a second by Commissioner Teele. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? Chairman Hernandez: All opposed? None, 3-0. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-847 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, TO PERMIT A SIDE YARD SETBACK (WEST) OF 3'-1" (5'-0" REQUIRED), FOR THE PROPERTY LOCATED AT 1837 NORTHWEST 33RD STREET, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 169 November 26, 1997 (4—W) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Chairman Humberto Hernandez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado ------------------ --------------------------------------------------------------------------------------------- 58. AMEND FUTURE LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND USE DESIGNATION AT 2734 SW 16 STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. Chairman Hernandez: PZ-7. Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development Department): PZ-7 and 8, are companion land use and zoning amendments. This is second reading. It was cast on first reading on October 28th. The Department is also recommending approval. Commissioner Gort: Move it. Move for approval. Chairman Hernandez: We got a motion to approve by Commissioner Gort. Do we have a second? It's been approved by the Planning Advisory Board, passed first reading by City Commission. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY INTO THE PUBLIC RECORD] Chairman Hernandez: Do we have a second for this motion? Commissioner Teele: Who moved it? Chairman Hernandez: Moved by Commissioner Gort. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Roll call. We have an ordinance. 170 November 26, 1997 • An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2734 SOUTHWEST 16TH STREET, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of October 28, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11576. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 59. AMEND ZONING ORDINANCE 11000 AND ATLAS -- CHANGE CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 2734 SW 16 STREET. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: PZ-8 is a companion to PZ-7, I move it. Chairman Hernandez: PZ-8, a motion to approve. Commissioner Teele: Second. Chairman Hernandez: Second by Commissioner Art Teele. All those in... Commissioner Plummer: How old is that one? Chairman Hernandez: I am sorry. What's tht? Commissioner Plummer: That's 20 years old, or 18 years old, or? Ms. Lourdes Y. Slazyk (Asst. Dir. /Land & GIS): No, this is a zoning change. 171 November 26, 1997 [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Commissioner Plummer: Excuse me, is this item 8? Chairman Hernandez: Eight is an ordinance. Commissioner Gort: This is nine. Commissioner Plummer: You said it's the same as seven. Commissioner Gort: It's a companion item. Ms. Slazyk: It's the companion item to seven. Commissioner Plummer: OK, all right. Chairman Hernandez: Roll call. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA AND PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMTELY 2734 SOUTHWEST 16TH STREET; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of October 28, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11577. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 172 November 26, 1997 • • --------------------------------------- ------------------------------------------------------------------------ 60. FIRST READING: AMEND ZONING ORDINANCE 11000 BY DELETING SUBSECTIONS 1104.4 - 1104.4.1 AND SUBSTITUTING 926.15.2.1 TO ALLOW A MAXIMUM OF 10 OUTDOOR ADVERTISING SIGNS (BILLBOARDS). Ms. Slazyk: PZ-9 is continued. PZ-10 and 11 are the zoning ordinacce amendments regarding billboards. PZ-10, we brought to you at the last meeting, that was recommended for approval with modifications. Those modifications exceeded what you were about to do because of how it was advertised. So, PZ-10 is back before you as a first reading and PZ-11 is the version with the modifications that the Commission requested. The... you have to pick one or the other basically. They contradict each other. Commissioner Regalado: Mr. Chairman, I move to approve PZ-11. Chairman Hernandez: What about PZ-10? Commissioner Plummer: What about PZ-10? Commissioner Regalado: Denied. PZ-10, because they contradict each other. Ms. Slazyk: If you choose, PZ-10... 11, then I will withdraw PZ-10. Chairman Hernandez: There is a motion to approve PZ... Commissioner Teele: Is there a public input on this at all? Chairman Hernandez: Yeah. Ms. Slazyk: Yes, this went to the Planning Advisory Board and they did ask me to pass a message on. Beside, you know, the fact that their recommendation of denial is on zone here, they asked that I make sure that the Commission know that they denied PZ-11, and that they recommended approval for the PZ-10. They were comfortable with the way the ordinance was originally drafted and they have problems with the way it was modified. The modifications were to add east of -I-95, north of 36th Street and to remove the special exception. Commissioner Plummer: Yeah, but there is one thing you are not saying that I asked about before. These can only go in a commercial district. Ms. Slazyk: They can only go where the zoning allows them. Commissioner Plummer: In order words, they can't go in a residentialo district? Ms. Slazyk: No. Commissioner Plummer: So, I really question the idea that they can't go north of 36th Street. I mean, you know, there is a lot of stuff that is east of I-95 that is far from being where the elite meet to dine. So, you know... Where are we? Ms. Slazyk: I believe there is a motion for PZ-11. 173 November 26, 1997 • Commissioner Regalado: There is a motion. Commissioner Plummer: PZ-11. Chairman Hernandez: There is a motion to accept PZ-11... Commissioner Regalado: PZ-11. Commissioner Plummer: I second the motion. Chairman Hernandez: Second the motion. Is there anybody out there that objects item PZ-11? Hearing none, all those in favor say "aye." Ms. Slazyk: It's an ordinance. Mr. Walter J. Foeman (City Clerk): It's an ordinance. Chairman Hernandez: It's an ordinance, read the ordinance. Commissioner Plummer: Read the ordinance. Chairman Hernandez: Roll call. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE, BY DELETING SUBSECTIONS 1104.4 THROUGH 1104.4.1 FROM ARTICLE 11 IN THEIR ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SUBSECTION 926.15.2.1 TO ARTICLE 9, AND AMENDING SUBSECTION 926.15.2, TO ALLOW A MAXIMUM OF TEN OUTDOOR ADVERTISING SIGNS (BILLBOARDS) CITYWIDE, WITH CERTAIN STANDARDS AND CONDITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FRO AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 174 November 26, 1997 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 61. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 BY ADDING SECTION "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" -- VENDING CARTS IN COCONUT GROVE COMMERCIAL DISTRICT. Commissioner Plummer: Mr. Chairman, how much longer are we going to go tonight? Chairman Hernandez: We only have three more. PZ-12. Commissioner Plummer: I am getting an urgent call from Maria's Restaurant. Chairman Hernandez: I'll be there at seven o'clock. Commissioner Plummer: Wanting to know if... Commissioner Gort: You are paying? Commissioner Plummer: ... Jack and Linda will be there at seven thirty, can I tell them, yes? Commissioner Gort: Yes. Chairman Hernandez: Yeah, my wife has a rain check with you there. Commissioner Plummer: Your wife owes me a dinner. Chairman Hernandez: Right. PZ-12. Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development Department): For the record, PZ- 10... Commissioner Plummer: Jack and Linda, hold the fort. Commissioner Regalado: And, by the way, by the way, you still... Commissioner Plummer: No, you, I owe a dinner. Commissioner Regalado: OK. All right. Commissioner Plummer: You, OK. Commissioner Gort: Me, too. Chairman Hernandez: She didn't tell me that. Ms. Slazyk: For the record, PZ-10 is withdrawn. 175 November 26, 1997 Chairman Hernandez: PZ what, 12? Ms. Slazyk: Ten. Chairman Hernandez: Ten, yeah, we know that. PZ, what about PZ-12? Ms. Slazyk: OK, PZ-12... Mr. Francisco Garcia (Principal Land Development Specialist): PZ-12, is a proposal to allow vending carts in the Coconut Grove Central Commercial district. Commissioner Plummer: Vending carts? Mr. Garcia: Yes, sir. Commissioner Plummer: ... or displays? Mr. Garcia: Essentially, vending carts, actually. I know the item says, there is a fancier name for it. Commissioner Plummer: Why would the department... Commissioner Gort: There was a letter from... I received a letter from a couple of people in Coconut Grove that could not be here and they would like to have this defferred or continued to some other time. Mr. Garcia: That would our recommendation as well, sir. Commissioner Plummer: Is this in my district? Commissioner Gort: That's... I am sorry, sir. Chairman Hernandez: Is there a motion to defer this item? Commissioner Plummer: Yes, I make such a motion. But, wait a minute, wait a minute. I want you, when you come back, let me tell me what irritates me. I know that this one group in front of Cocowalk who are taking the banner of being religious organization, OK. Can, in fact, we can't do anything about it, Tam told. I think we can, but I have to go by the law. Why would the department want to proliferate more carts in Coconut Grove that bring in no income to the City, that we have little or no real control over? So, what I am saying to you is, when you come back, be prepareed to talk to the fact that this City is looking for income, that we get none. The only thing they have to take out is a vendors license. They are in a way, unfair competition to a person who has to pay ad valorem taxes, who has to pay occupational taxes, who has to provide bathrooms for the public, have to provide parking, how can a merchant go and compete with this guy who rolls up a little cart, and says I am in business? So, you better be prepared to speak to that when you come back because that's what I am going to be talking about. Mr. Garcia: Yes, sir. Ms. Slazyk: Real quick by, though. This is on private property. So, they do have to pay their taxes and this is not... Commissioner Plummer: Not if it is a cart. 176 November 26, 1997 Chairman Hernandez: Do we have a second on the motion to defer? Commissioner Gort: Second. Chairman Hernandez: Second. Motion by Commissioner Plummer. Ms. Slazyk: Till January 27th. Commissioner Plummer: That's fine. Chairman Hernandez: Second by Commissioner Plummer. For a date specific which is Janauary... Commissioner Plummer: You bet your bippy. Chairman Hernandez: ...twenty-seventh. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: No opposed. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-848 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-12 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 BY ADDING NEW SECTION ENTITLED "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" TO MODIFY EXISTING PROVISIONS AND ALLOW CERTAIN COMPONENTS OF SAID USES [SUCH AS VENDING CARTS] BY SPECIAL EXCPTION OR CLASS II SPECIAL PERMIT WITHIN OPEN SPACE FOR THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 27, 1998; FURTHER DIRECTING THE ADMINISTRATION TO BE PREPARED TO JUSTIFY THIS ITEM WHEN IT IS NEXT CONSIDERED. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 177 November 26, 1997 ---------------------------------------------------------------------------------------------------------------- 62. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO REGULATE STORAGE OF MAJOR RECREATIONAL EQUIPMENT (BOATS) IN FRONT YARDS. Chairman Hernandez: PZ-13. Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development Department): PZ-13; also asks for a continuance because they could not be here today. The department has no objections. Chairman Hernandez: Is there a motion for? Commissioner Plummer: Defer. Commissioner Gort: I so move. Ms. Slazyk: Until January 27th. Commissioner Plummer: Yeah. Chairman Hernandez: Moved by Plummer, seconded by Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-849 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-13 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 BY SETTING FORTH REGULATIONS ALLOWING STORAGE OF MAJOR RECREATIONAL EQUIPMENT [SUCH AS BOATS] IN FRONT YARDS) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 27, 1998. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 178 November 26, 1997 0 ---------------------------------------------------------------------------------------------------------------- 63. FIRST READING ORDINANCE: AMEND CODE / CREATE NEW CHAPTER "EXTERIOR FACADE CODE" SET STANDARDS FOR EXTERIOR BUILDING SURFACES. Chairman Hernandez: What about 14, PZ-14? Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development Department): PZ-14 is an exterior facade code. This is first reading if you would like to... Commissioner Plummer: Move it. Commissioner Gort: Second. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Mr. Walter J. Foeman (City Clerk): It's an ordinance. Chairman Hernandez: It's an ordinance. Read the ordinance. Roll Call. An Ordinance entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ADD A NEW CHAPTER ENTITLED: "EXTERIOR FACADE CODE" SETTING FORTH STANDARDS FOR EXTERIOR BUILDING SURFACES WITHIN RESIDENTIAL NEIGHBORHOODS AND COMMERCIAL BUSINESS DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS:, None. ABSENT: None. 179 November 26, 1997 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 64. EMERGENCY ORDINANCE: AMEND CODE SECTION 62-259 TO REDUCE NUMBER OF MEMBERS REQUIRED FOR QUORUM FOR THE URBAN DEVELOPMENT REVIEW BOARD. Chairman Hernandez: PZ-15. Commissioner Plummer: Move it on first reading. Ms. Lourdes Y. Slazyk (Asst. Dir./Planning and Development Department): No, I want this as an emergency ordinance. We are having a very, very hard time... Commissioner Plummer: Move it on an emergency ordinance, that say they are not having a quorum, they are not getting anything done. They have almost lost two major projects. Commissioner Gort: It was very embarrassing. My understaning is, one individual flew people in from New York to make a presentation, there was not a quorum. I mean... Ms. Slazyk: We always have at least three members. This reduces the quorum from five to three and... Commissioner Gort: Second. Commissioner Regalado: Second. Commissioner Plummer: Well, that's three out of five, right? Ms. Slazyk: Yeah. Commissioner Plummer: Yeah. Let me tell you what has worked for me and the others that have a committee might want to consider. At the time given, that the meeting is supposed to start... Ms. Slazyk: However, many... Commissioner Plummer: ... however many are present, constitutes a quorum. Let me tell you, we don't have any more non -quorum meetings. And, they show up on time. Ms. Slazyk: We are afraid to do that because if it is just one item, I am not sure how that would work. So, we thought that three is what we always seem to... Commissioner Plummer: I move it on an emergency basis. Commissioner Gort: Second. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort. Can you read the ordinance? Call the roll. 180 November 26, 1997 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING CHAPTER 62, ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND VOTING FOR THE URBAN DEVELOPMENT REVIEW BOARD; MORE PARTICULARLY BY AMENDING SECTION 62-259 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11578. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 181 November 26, 1997 • Ir ________________________________________________________________________________________________________________ 65. BRIEFLY DISCUSS CODE ENFORCEMENT OF VIOLATIONS OF NEWSRACKS (NEWSPAPER RACKS / VENDING MACHINES) ORDINANCE -- REQUEST REMOVAL OF NEWSRACKS OF VIVA AND EXITO NEWSPAPERS NO LONGER IN EXISTENCE. Commissioner Plummer: Mr. Chairman... Chairman Hernandez: Is there a motion to adjourn this meeting? Commissioner Plummer: No, no. I have two questions, please. Chairman Hernandez: All right. Commissioner Plummer: Mr. City Manager is not here, but it was through the Planning Department, this Commission approved an ordinance relating to newspaper racks. I have not seen one newspaper rack that has been atoned to a color or the number of racks that are to be listed on one location. Did we waste our time, or are you moving on it? Mr. Jim Kay (Interim Director/Public Works): We have been working on it. We have met with the various newspaper companies. We had a meeting this last month. There was a lot of cooperation. I'll have to... Commissioner Plummer: Would you in fact, please, let every member of this Commission have a weekly or biweekly update as to what you are doing? Mr. Kay: OK. Commissioner Regalado: Ah-hh... Mr. Kay: Yes, sir. Commissioner Regalado: Can I say something? You are right, J.L., but there are two weeklies that had not taken their racks away. First of all Viva ceased publication about three months ago, and now Exito is cancelling their weekly issue. So, I have seen a lot of Viva and now, there is, there are hundreds of Exito racks in the City of Miami. And, it may be interesting for the administration and Public Works to get in touch with Exito to pick up the racks, because what is happening is, that people are using the old Viva, and they will use the old Exitos starting next week... Mr. Kay: Yes. Commissioner Regalado: ... when it doesn't... It's not being published anymore, to put garbage and... So, now, we still, we will have the Herald, New Times and some of other publications but, there are in many places we have so many racks that are not being used, Viva and Exito. And, I can tell you, that we are talking about maybe 300 to 400 throughout the City of Miami. Mr. Kay: Yes, sir. 182 November 26, 1997 ---------------------------------------------------------------------------------------------------------------- 66. DISCUSSION REGARDING AUTHORITY OF COMMISSIONERS OVER DISTRICT NET OFFICES -- FURTHER REQUESTING LIST OF DISTRICT PROPERTIES IN NONCOMPLIANCE / VIOLATION OF CITY CODE (LOT CLEARING ORDINANCE). Commissioner Plummer: Mr. Chairman, my final request of the evening. Hello? I need to know, under the new, Mr. City Attorney, under the new concept of which today we are traveling. I don't want in any way to be in jeopardy of violation of the Charter. Hello? What I am saying to you is, as a District Commissioner, what authority or latitude do I or anyone of us have over our NET (Neighborhood Enhancement Teams) offices? Now, you don't have to give me answer tonight. But, do I have for example, the authority to go into the NET office and tell the administrator, I want the name and address and legal description of every one of my properties in that district that are not taking care of their property, that under the new ordinance we can get them and make them do it? Mr. A. Quinn Jones, III, Esq. (City Attorney): I can answer that for you now. Commissioner Plummer: OK, you can't do it. Mr. Jones: No, what you are going... It's the same way you have dealt in the past, is put your request through the Manager in a memo or whatever... Commissioner Plummer: OK. Mr. Jones: ... and information. Because you are prohibit... Each Commissioner is still prohibited from dealing directly with the personnel or subordinates under the Manager. Commissioner Plummer: OK. Mr. Jones: So, put your request in writing to the Manager. Commissioner Plummer: Thank you, sir. Mr. Jones: You are quite welcome. Commissioner Teele: Mr. Attorney, on that point though, I thought you were prohibited from giving direction. Mr. Jones: Yes. Commissioner Teele: But, you are not prohibited from communicating with them? Mr. Jones: Well, what I am saying to you is that any request for information should still go through the Manager, directly. Commissioner Plummer: All right. Well, I am going to make it... Mr. Jones: That's pending interpretation and we have given... 183 November 26, 1997 Commissioner Gort: OK, the way that functions is, I send a memo and I make a phone call to... Mr. Jones: Yeah. Commissioner Plummer: Since the Manager has not got anything to do of recent, I now make a request that the Manager provide my office with every piece of real estate in District 2, that is not in compliance with the recent code ordinance which passed that people have to keep their properties in a condition within every 90 days or which we will then do the thing for them and send them a bill, and I'll expect it by tomorrow morning by 8 o'clock. The Manager has got... Chairman Hernandez: Motion to adjourn. Commissioner Plummer: Always in order. May I congratulate our Chairman on his first meeting of doing a job well done. [APPLAUSE] It's really called survival. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:49 P.M. COMMISSIONER HUMBERTO HERNANDEZ PRESIDING OFFICER/CHAIRMAN ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK w X * INCORF'=GRATED * 6 N� 184 November 26, 1997