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NAGYMINALY PA0P9FtT19S
$20 SOUTH MIAMI AVEN14
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MIAMI, PLOAIDA 331 li"
PHONP-: 964.0828 IS
March Ar 1991
Mr. Cesar 0dio
City Mananger
City of Miami
3500 Pan American Drive
Miami,, Florida 33133
Re: Request for Personal Appearance - City CamlissiOn
mpqtin f March 281991.
Dear Mr. odio:
This letter is a request for a personal appearance before the
t-�-%aa4r%n nvapi-incr march 28, 1991 on behalf Of Veronica
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1/24/91
RESOLUTION NO.
RESOLUTION RESCINDING RESOLUTION
No. go- 910, WHICH WAS PASSED AND ADOPTED ON
NOVEMBER 8, 1990, RELATING TO THE LOSS OF 13
TREES AT THE DADE COUNTY HUMAN RESOURCES
CENTER LOCATED AT 2500 NORTHWEST 22ND AVENUE,
MIAMIr FLORIDA.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIo
FLORIDA:
Section 1. ,ResOlutiOn NO..,90#-910, passed and adopted on
November 8, 1990, relating to the loss of 13 trees at the Dade
County Human Resources Center located at 2500 Northwest 22nd
Avenue, Miami, Florida, i.s.,hereby,,rescincied in: its, Entirety.;: j
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of January 1991.
7
MAYOR — XAV I C SUAftr,?,,)
ATTEST:
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CITY
vo=,"IG 0,
J 0!24 1991
the existing oak trees, so that we have
Mayor Suarezt tow many were existing, was my question?
Ms.. Coffeyt There would be four short trees, and five tall
treat, twanty-six foot trees, for a total of nine in the inner
island.
Mayor Suarez: Your understanding was, that when we said the
existing, that was four, and then we would add five for a total
.of nine. Was that your understanding of that terminology?
Ms. Nagymihali: Yes.
Mayor Suarez Thank you'. We got one thing that we agreed upon.
Cummissioner Dawkins: But they all must be the same size.
Ms. Nagymihali:
Mayor Suarez:
Ms. Nagymihali:
reached.
No.
OK. We don't have a dispute on the size.
But this is only on the agreement which we never
Mayor Suarez: Right. We thought we did, but anyhow...
Ms. Nagymihali: No. Well, that night it happened, and it
took..... we were told at that time, now we will work it out, and
we will present it, but at one point you have to start, so that's
why we deferred that day, because we thought we could work out an
agreement, but instead, on November 20th...
Mayor Suarez: No ma'am, I'm sorry. We deferred because...`
Ms. Nagymihali: ... they produced a...
Commissioner Alonso: Yes, but now you agreed with what she has
said...
Ms Nagymihali: No.
Commissioner Alonso: You don't? You just said, yes.
Ms. Nagymihali: No, no. You were asking me if that agreement
had five, and four, and I did. But. you see, I don't agree with
that agreement anymore, because they went behind our .:back,,..
illegally attempting, so I want to go back to what the zoning..
board had given us which is the masonry wall, the two feet .on
top, and, forget that• agreement, because they did not live, up to
the agreement.
Mayor Suarez: Yes.' OK, we got your trust of what you are
saying. What does the Commission want to do?
Commissioner Alonso: OK, let's see. The wall is OK?
Ms.- Nagymihali: Yes.
l�+pier' Alnnsot And then, the treee, veil ustctaa«}fr,
,r' on' the tr6ssso "we "aIn m's e a deci4t 3 ,
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Mai.;1a�►m�l i s , Q., e►+n. very. , imp=!>,:_ 1�nvs
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ommigsio ner, Aionso: 01f. ire we snake a Decon.
Mayor Suarez: OK, now we know what you want, I think,
counsellor, what is your problem with that idea?
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Ms. Coffey. If T may respond to the masonry wall only. An
was that there
r
s
nt that we reached
integral feature of the agreemeThe
instead of a masonry wall•
would be an aluminum fence
twofold. A masonry wall has a footing that
reasons are
interferes with the placement o large trees. They have enormous
of... my
root -balls. Second, it makes a difference in expense
from thirty thousand dollars
a'
people are telling me, anywere
So important feature of why we agreed to this
($30,000) up. an
is set forth... incidently, these threee matters are
_
plan, which
set forth in the transcript and I could read them to you.
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Mayor Suarez: We'll wait, we got a letter.
Ms. Coffey: But we agreed to the aluminum fence, because it cost
this. It plainly
f
us less money, and we can reach an agreement on
wall is going to
4
says an aluminum fence in here. A masonry
those trees, and it's just more
interfere with the placement of
.
expensive than we can afford.
Mayor Suarez: OK. Having finally, more or less understood what
is the recommendation
the two sides would like, once again, what
Assistant City Manager, and of the City
}
of the City Manager,
is calculated to get this matter resolved
Attorney that
for all today, understanding that both sides
hopefully,once and
not want to go to court. What is your recommendation?
may or may
Mr. Fernandez: Mr. Mayor, you must be aware that item 11,' is a
'teback'
separate independent item from the i m that you considered
dealing, and the
in November 8th. On November 8th, y ou were
d to, 90-910, is in reference to an
resolution that has been alude
say of you from the Heritage
*Inni. was probably in front
j
Mayor Suarez: I am going to take this as a point of..,
Mr. Malinski: Information.
Mayor Suarez: ... order, and hear it, but I am...
Mr. Malinski: Please.
Mayor Suarez: inclined to tell both of you, your clients,
our staff$ that only specific people recognized, will participate
in discussion from hero on until we vote, and thnt's my last
warning. This is a point of order, I don't see what relevancy it
.has. I'm not sure I understand it, but go ahead and try me.
Mr.. Maiinak Vl Yt,.wil1 ;have. The, sattl+ement that did not come to ;
1
ruit3on, Conte mplaited,,
-and the Commission does not know this
contemplated an agreement for the County to pay the Nagymihaly's
sttor,neyIs fees. in tha",amdii' t, �of, foray, thousand d' Ilar'a` ($40,000)
on 2�ov�ember l.. Vith Mr. Crumpton'a expense, and additional
orney's fees, that is now about seventy thoueand dollars
($70,000). If you were toimpose` "the plan that Mr. Fernandez
says that you>.voted on:November> 8th`, 'the County 'is going to walk
cstit `of 'here with, a. landscape `plan, and the Nagymihalys are going
to =wahk out of here short seventy thousand dollars ($70,000),
un'1`ess In. the resolution, , you impose the obligation of payment on
.County. -
Mayor Suarez: I don't know how that's going to turn out, but I
presume that is the risk that she took coming this far, and I am
not sure how the vote is going to -turn out, but we take your
comments as valid, and as reflecting the possible economic
consequence to her, and I presume all of which will end up in
court if the vote ends up that way.
Mr. Malinski: OK. t'
1
Mayor Suarez: Mr.. City Attorney, we have at least one of us that
would like to adopt the plan recommended by the Planning
Department, and we have two Commissioners that would like to go
back to masonry wall. Would' you please give us 'the motions,
proper for each one? - and let's vote on them, and get on with
ff.
the next item please.
Mr. Fernandez: If you go to masonry wall, then resolution 90-910 {
has .to be modified...
Mayor 'Suarez: To that extent?
Mr:. Fernandez: .. to that extent,
C4,
Mayor Suarez: And as to item 11?
Mr. Fernandez: And as to item 11, the recommendation of the
administration is that you... could you state your
>`
recommendation? - it's actually (a), right?
Mr. Rodriguez: On item 11, is that we accept the Sasaki plan
'
dated .November 1st, except for the fence to be aluminum fence.
.,
Mayor Suarez; And then as to. item 11 then, the modification of
r.
the motion that I believe would be acceptable to Commissioners
..
Alonso and Dawkins, would have that modification only as to the
Masonry wall?
"
Mr, Rodriguez: Yes, you have to at that point, is to approve,., j
hold on a second. Let me read this because this appeal,,, you
`..
can approve, or deny. The point that you have to do at:th�o'
point is make sure that you clarify in your action than you -.r
approving the Sasaki plan dated November 1st with the alumin'um;
fence, or• , ,
91.
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