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HomeMy WebLinkAboutItem #07 - Discussion Item-�t City Manager Jose Garcia -Pedrosa City of Miami 444 S.W. 2nd Avenue Miami, F133130 Dear Mr. Pedrosa: Antonia Gerstacker P.O. Box 190613 Miami Beach, FL 33119 (305) 861-8729 home (305) 445-1413 work February 5, 1998 Enclosed you will find a recent article published in the New Times on February 5-11,1998 for your reference. On behalf of the local community and myself, I would like to request appearance on the agenda regarding an ordinance to be passed for a Local government neighborhood district called BRICKELL VILLAGE. As of today's date, an ordinance has not been created and passed before the local governing body in reference to this issue. I am interested in bringing this matter to a resolution. Please be so kind to let the community know what the City of Miami Commission would like to do. Thank you for your time, Antonia Gerstacker AG/ Enclosure cc: Xavier Suarez, Mayor Jose Garcia -Pedrosa, City Manager George Wysong, III, Assistant City Attorney Elvi Alonzo, City Agenda Mario Soldevilla, Risk Management Arthur Teele, Commissioner Humberto Hernandez, Commissioner Joseph L. Plummer Jr., Commissioner Tomas Regaldo, Commissioner Wilfredo Gort, Commissioner Robert Andrew Powell, New Times Geoffery Tomb, Miami Herald ANTONIA GERSTACKER, vs. CITY OF MIAMI, Plaintiff, Defendant. IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CIVIL DIVISION cnsE NO: (e a THE ORIGINAL FILED ON MAR 2 3 1995 Its THE OFFICE OF 611iCiiid~ WW W a Ft COMPLAINT Plaintiff, Antonia Gerstacker, sue Defendant, City of Miami, and alleges the following: In August 1995, Antonia Gerstacker, a local artist, was working from her own studio, Antonia Studio, located at 640 S. Miami Avenue, Miami, FL. She entered into a series of express and implied contracts in good faith with the Downtown Development Authority (DDA) in efforts to help the neighborhood prosper. When Ms. Gerstacker went to apply for a permit at The City of Miami Department of Community Planning and Revitalization for a Brickell Village mural Class H Special Permit # 96-3143, which the DDA explicitly hired to her create, she encountered a series of problems because the various departments of the City of Miami did not know what "Brickell Village" was. She became a victim of conflict of interest between DDA and BAA. An appeal was forced upon Ms. Gerstacker stating she was not allowed to use the `Brickell Village" name, despite the fact that many other businesses in the neighborhood were using the "Brickell Village" name. She was never given the chance to defend her appeal because her Class II Special Permit was revoked on grounds of an address mistake, although she requested to have a correction. The Downtown NETT had informed Ms. Gerstacker she had 30 days to correct the address. Ms. Gerstacker's name and Brickell Village was painted over on the mural, by person or persons unknown causing Personal Property damage by removing or altering identification marks. The DDA caused Breach of Contracts causing Ms. Gerstacker to incur consequential damage. She became a victim of Fraudulent Practices executed by the City of Miami due to the fact `Brickell Village " is not a Special Assessment District. The "Brickell Village Action Plan and Implementation Program" for the Central Brickell Commercial District was not recorded before the local governing body of the City of Miami. The City of Miami allowed the City of Miami Department of Community Planning.and Revitalization, Downtown NET, Downtown Development Authority, and Brickell Area Association promote the `Brickell Village Action Plan and Implementation Program" without proper procedures in accordance to the Florida Statues, as well as, allowed Misleading Advertisement, Misleading Solicitation of allocated funds, wilfully published, disseminate, circulate and placed before the public false information and made false statements to obtain property or credit. The City of Miami Staff did not execute their powers and duties as required by The City of Miami Charter and Codes and Florida Statute causing actual damage thru negligence and mismanagement which crippled Antonia Studio. Ms. Gerstacker was subsequently forced to close her studio. In efforts to protect herself and the local community, Ms. Gerstacker incorporated " Brickell Village, Inc.," on September 13, 1996, records are on file at the Florida Department of State. Then in March 1997 she obtained a trademark on the name Brickell Village and palm tree logo. As of September 1997 Brickell Village, Inc. is an inactive corporation. Ms. Gerstacker's trademark intact remains. Since April 1997, Ms. Gerstacker has tried to work with the City of Miami to bring about a resolution to the existing problems. All of which caused severe damages to Antonia Gerstacker. Based on the foregoing summary, Antonia Gersatcker, plaintiff demands judgement of $ 24,430,845.00 CAUSE OF ACTION: I. Sovereign immunity (Tort) II. Breach of Contract III. Fraudulent Practices IV. Trademark Infringement V. Civil Rights Violation �sw nss440)- ACTUAL DAMAGES $ 193,595.00 CONSEQUENTIAL DAMAGES 500,000.00 MITIGATION DAMAGES 8,700.00 TREBLE DAMAGES 23,730,000.00 TOTAL $ 24,432,295.00 DEDUCTION PAYMENT FROM DDA - 1,450.00 BALANCE $ 24,430,845.00 WHEREFORE, Plaintiff demands damages in the amount of $ 24,430,845.00 plus interest, and whatever further this court deems just and proper. P*�tiliw Form 1.997 IV ' CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. (See instructions on the reverse of the form.) I. CASE STYLE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE (Name of Court)COUNTY Plaintiff ANTONIA K. GERSTACKER Case #: Judge: vs. Defendant (-TTY nF MTAMT (MAYnu .Tny nARnT.T.n) II. TYPE OF CASE (Place an x in one box only. If the case fits more than one type of case, select the most definitive.) rC]Dissolution estic Relations Torts Other Civil ified dissolution U Professional Malpractice OxContracts ❑ Products liability ❑ Condominium rt - IV-D ❑ Auto negligence ❑ Real property/Mortgage foreclosure rt - Non IV-D Other negligence ❑ Eminent domain C URESA - IV-D XX Other C URESA - Non IV-D C Domestic violence C Other domestic relations III. Is Jury Trial Demanded in Complaint? C Yes ❑ No Date MARCH 2Oth, 1998 ANTONIA K. GERSTACKER- PRO SE • • Cj IN THE CIRCUIT COURT OF THEE ,'ENTH JUDICIAL CIRCUIT IN AND FOR DA, :;OUNTY, FLORIDA. ❑ IN THE COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA. CIVIL ACTION SUMMONS CASE NUMBER CIVIL DIVISION Personal Service on a Natural Person Verso) (En Espanol al Dorso) (Francis Au CLOCK IN PLAINTIFF(S) VS. DEFENDANT(S) ANTONIA K. GERSTACKER CITY OF MIAMI (MAYOR JOE CAROLLO) To Defendant(s): CITY OF MIAMI Address: 3500 PAN AMERICAN DRIVE, MIAMI, FL831 (MAYOR JOE CAROLLO) A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file with the clerk of this court„ a written response to the attached Complaint. A phone call will not protect you; your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may loose the case, and your wages, money and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or legal aid office (listed in the phone book). If you choose to file a written response yourself, you must at the same time mail or take a copy of your written response to the "Plaintiff/Plaintiffs Attorney" named below and file your response to the Court, located at: Dade County Courthouse Clerk of Courts Room 138 73 West Flagler Street Miami, Florida 33130 Additional Court locations are printed on the back this form. Plaintiff/Plaintiff A*efFey PRO SE Address: P.O. BOX 190613 ANTONIA K. GERSTACKER Modda-14ap4e-- MIAMI BEACH, FL 33119 TO EACH SHERIFF OF THE STATE OF FLORIDA: You are commanded to sery "� sand a copy of the Complaint of this on the above named defendant. 4 ~ a, w u HARVEY RUVIN CLERK OF COURTS [3Y ., `,r I1bATE- 0..,6 , �;;, ; D7O .s- AMERICANS WITHVSABILITIES ACT OF 1990 In accordance with the Americans With Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the Court ADA Coordinator/Ellis D. Pettigrew, no later than 7 days prior to the proceedings at (305) 375-2006 (voice), or (305) 375-2007 (TDD). • CLK/CT 70 Rev. 03/95 ANTONIA GERSTACKER, vs. CITY OF MIAMI, Plantiff, Defendant. IN THE CIRCUIT COURT OF THE 1 ITH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO: Plantiff, Antonia Gerstacker, sue Defendent, City of Miami, and alleges the following: II. STATEMENT OF FACTS: In August 1995, Antonia Gerstacker, a local artist, was working from her own studio, Antonia Studio, located at 640 S. Miami Avenue, Miami, FL. She entered into a series of express and implied contracts in good faith with the Downtown Development Authority (DDA) in efforts to help the neighborhood prosper. The neighborhood was being promoted through a "Brickell Village" Action Plan as a Special Assessment District by The City of Miami, DDA and Brickell Area Association (BAA). The name `Brickell Village" was never recorded before the governing body as an ordinance and public hearing. When Ms. Gerstacker went to apply for a permit at I The City of Miami Department of Community Planning and Revitalization for a Brickell Village mural ClassII Special Permit # 96-3143, which the DDA explicitly hired to her create, she encountered a series of problems because the various departments of the City of Miami did not know what "Brickell Village" was. She became a victim of conflict of interest between DDA and BAA. An appeal was forced upon Ms. Gerstacker stating she was not allowed to use the "Brickell Village" name, despite the fact that many other businesses in the neighborhood were using the "Brickell Village" name. She was never given the chance to defend her appeal because her Class II Special Permit was revoked on grounds of an address mistake, although she requested to have a correction. The Downtown NETT had informed Ms. Gerstacker she had 30 days to correct the address. Ms. Gerstacker's name and Brickell Village was painted over on the mural, by person or persons unknown causing Personal Property damage by removing or altering identification marks. The DDA caused Breach of Contracts causing Ms. Gerstacker to incur consequential damage. The City of Miami Staff did not execute their powers and duties as required by The City of Miami Charter and Codes and Florida Statute causing actual damage thru negligence and mismanagement which crippled Antonia Studio. Ms. Gerstacker was subsequently forced to close her studio. In efforts to protect herself and the local community, Ms. Gerstacker incorporated " Brickell Village, Inc.," on September 13, 1996. records are on file at the Florida Department of State. Then in March 1997 she obtained a trademark on the name Brickell Village and palm tree logo. As of September 1997 Brickell Village, Inc. is an inactive corporation. Ms. Gerstacker's 2 trademark intact remains. Since April 1997, Ms. Gerstacker has tried to work with the City of Miami to bring about a resolution to the existing problems. She has written letters to the City of Miami Assistant City Attorney, Risk Management, Mayor, City Manager, Agenda Board and all the Commissioners requesting to be put on the agenda to pass an ordinance for Brickell Village. Again Ms. Gerstacker has had no response to resolving the problems. As an artist trying to beautify her environment and community, she would hope that the City of Miami, would feel the same. This issue should have been addressed by all City of Miami Departments in August of 1995. Based on the foregoing summary, Antonia Gersatcker, plaintiff demands judgement of $750,845.00. Agreement/Contract between ap rties: Downtown Development AuthorityBrickell Village Art Mural Project. Downtown Development Authority /City of Miami Downtown NET/"Art in the Park" Project. Downtown Development Authority/Riverside Enhancement Project/Grant. Downtown Development Authority/ S.Miami Ave. Bridge Art Mural Project. The City of Miami CLASS II SPECIAL PERMIT #95-3143. The City of Miami/Downtown Development Authority/ The City of Miami Downtown NET/Special Assessment District-Brickell Village. II. CAUSE OF A I. Sovereign immunity (Tort) II. Free Enterprise III. Breach of Duty IV. Freedom of Contract V. Breach of Contract VI. Fraudulent Practices VII. Trademark Infrindgement VII. Civil Rights Violation 1. Charter and Code, City of Miami Chapter 14-Downtown Development Article II -Downtown District Division I Generally. Division 2. Downtown District SS. 14-30 Same- Power and Duties SS. 14-31 Additional Powers and Duties were not set forth. 2. Charter and Code, City of Miami Chapter 2-Administration Division 8-Planning Department SS. 2-135 Same Duties SS. 2-136 Functions of Department SS. 2-137 Master Plan SS. 2-139 Coordination of work with other departments were not set forth. 3. Charter and Code, City of Miami Chapter 2-Administration Article VIII-Improvements Division 2. Safe Neighborhood Improvement Districts SS. 2-346 Creation Approved was not set forth. 4. Florida Statutes 1995 Chapter 163 Intergovernmental Programs Part IV Neighborhood Improvement Districts SS. 163.506 Local Government Neighborhood Improvement Districts, Creation: Advisory Council: Dissolution SS. 163.508 Property Owner's Association Neighborhood Improvement Districts; Creation; Powers and Duties; Duration. SS. 163.511 Special Neighborhood Improvement Districts; Creation; Referendum; Board of Directors; Duration; Extension. Florida Statutes were not set forth. 5 Florida Statutes 1995 Chapter 166 Municipalities Part I -General Provisions SS. 166.041 Procedures for Adoption of Ordinances and Resolutions. Florida Statutes was not set forth. 6.Zoning Ordinance City of Miami, Florida Article 13 Special Permits; Generally SS. 1301.2 Special Class II Special Permits; Intent Determinations by Director of Department of Planning Building and Zoning; Referrals. Article 6 Special District General Provision SS. 607.3 Class II Special Permit Article 15 Class II Special Permits; Detailed Requirements SS. 1500 Regulations applying. SS. 1501 Informal notice and Hearing. 4 �ISCycS�M*— SS. 1502 Referrals; Time Limitations SS. 1503 Time Limitations; Conference; Notification of Decision Article 18 Appeals from Decisions of Zoning Administrator and Director of The Department of Planning, Building and Zoning SS.1801 Status of Administrative decision; time limits on appeal; filing of appeal. SS. 1802 Transmittal of Notice and Record. SS. 1803 Stay of Proceedings SS. 1804 Setting hearing dates; Notice The City of Miami Charter and Codes were not set forth. 7 . Florida Statutes 1995 Chapter 817 Fraudulent Practices Part I -False Pretenses and Frauds, Generally SS. 817.03 Making false statement to obtain property or credit. SS. 817.06 Misleading advertising prohibited; penalty. SS. 817.061 Misleading solicitation of payment prohibited. SS. 817.155 Matters with jurisdiction of Dept. Of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations. SS. 817.17 Wrongful use of city name. SS. 817.18 Wrongful stamping, marking, etc.; penalty. SS. 817.235 Personal Property; removing or altering identification marks. SS. 817.44 Intentional false advertising prohibited. Florida Statute were not set forth. 8. Florida Statutes 1995 Chapter 768 Negligence Part I Negligence, General Provision SS. 768.28 Wavier of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions indemnification; risk management program was not set forth. 9. Charter and Code City of Miami Chapter 18 Finance Article VI Self -Insurance and Insurance Trust Fund SS. 18-93 Created; Sources The City of Miami Charter and Codes was not set forth. 10. Florida Statutes 1995 Chapter I I I Public Officers; General Provisions SS. 111.052 Insurance in anticipation of judgements or settlements against officers, employees, or agents of any county, municipality or political subdivision. Florida Charter and Codes was not set forth. 5 IV. DAMAGES Actual Damages 1. Remaining payment for Brickell Village Mural Sponsorship Compensation $6,210.00 2. Lost wages/time involved (461 %z hours @ 50.00) The City of Miami Community Planning & Revitalization Dept. $23,075.00 3. Lost wages/time involved ( 33 hoursr,$50.00) D.D.A./Board of Director Meetings $1,650.00 4. Lost wage/time involved (19 hours@50.00) Brickell Area Association Meetings $ 950.00 5. Art Project Expenses D.D.A. Art Projects 1995-1997 $ 1,788.00 6. Lost wages/time involved (45 hours@$50.00) D.D.A./Riverside Enhancement Project $ 2,250.00 7. Lost wages/time involved (50 hours@$50.00) D.D.A./Friday night/Promotion on River $ 2,500.00 8. Lost wages/time involved (61 '/2 hours @$50.00) D.D.A./NET/"Art in the Park" $ 3,075.00 9. Lost wages/time involved (14 '/2 hours@$50.00) D.D.A./Grand Opening of the Metropolitan Bldg. Apart. & Inauguration of 2nd. Ave. Street Art Show $ 725,00 10. Business Start-up Expenses for Antonia Studio Antonia Studio 1994-1995 $ 22,000.00 Consequential Dam@= l l . Business Growth Profit/Loss for Antonia Studio Antonia Studio 1996-1997 Antonia Studio 1997-1998 $ 30,000.00 $ 34,997.00 ri 12. Loss of Client D.D.A. Riverside Grant, S. Miami Ave. Bridge, "Art in Park" Art Project 13. Brickell Village. Inc. and Brickell Village Trademark infringement 14. Victim restitution refund ;Mitigation of Damages 15. Lost wages/time involved (174 hours@ $50.00) Litagation Research $ 64,375.00 $500,000.00 $ 50,000.00 $ 8,700.00 Total: $752,295.00 Deduction Payment from Downtown Development Authority -- - 1,450.00 Balance: $750,845.00 WHEREFORE, Plantiff demands damages in the amount of $750,845.00 plus interest, and whatever further this court deems just and proper. 7 NOTICE OF QUESTIONS PRIOR 3/10/98 CITY OF MLA MI COMMISSION MEETING 1. Are you aware of the fact that Antonia Gerstacker has been wronged by the City of Miami and Downtown Development Authority since August of 1995? 2. Are -you aware of the complaint given to the City of Miami Assistant City Attorney George K. Wysong III and Risk Management Mario Soldevilla on 4/8/97, 2/3/98 and 2/11/98 located at City of Miami, 444 S.W. 2nd Avenue, Miami, Florida? 3. Why doesn't the City of Miami Charter and/or Code have a special permit for artwork and mural work for art in public places in the City of Miami? 4. Why aren't there any ordinances or resolutions in relation to the Downtown Development Authority for proposed contracts and expenditures concerning artwork and design work by Antonia Studio? 5. Why wasn't the Class 11 Special Permit # 96-3143 or #95-3143 issued within the time limitation according to the City of Miami Charter and Code? 6. Why wasn't Antonia Studio notified in writing about any issues pertaining to the Class II Special Permit #96-3143 or #95-3143 considering Antonia Gerstacker was the applicant? 7. How does the City of Miami explain the address mistake, NET office mistakes and permit number mistakes on Class 11 Special Permit # 96-3143 or # 95-3143? 8. Why did the City of Miami Department of Community Planning & Revitalization refuse to correct address despite written request on the Class 11 Special Permit # 96-3143 or #95-3143? 9. What ordinance, law, procedure, or policy prevented the City of Miami from allowing the change of address on the Class II Special Permit # 96-3143 or #95-3143? 10. Why wasn't Antonia Studio notified in writing by the City of Miami Office of Hearing Boards about the appeal filed on Class 11 Special Permit # 95-3143 by Brickell Area Association? 11. Why wasn't the appeal on Class II Special Permit #95-3143 hearing ever held? 12. Why were letters written to the City of Miami Department of Community Planning and Revitalization by Brickell Area Association relating to confusion and stating they were "clearly mislead" by the department in reference to Class H Special Permit #96-3143? 13. Why didn't the Downtown NET Office correct the Notice of Violation when they knew about the proposed `Brickell Village" Mural since 1996? 14. Why did the City of Miami Department of Community Planning & Revitalization paint over "BRICKELL VILLAGE" and "ANTONIA"'s signature on the `Brickell Village"Mural located at South Miami Avenue and S.E. 91h street? `ni 5cu ss�*. 15. Why didn't the City of Miami Department of Community Planning and Revitalization inform the Brickell Area Association that anyone can use the name "Brickell Village."? 16. Why didn't the City of Miami provide Brickell Area Association with the proper procedures when the Brickell Area Association filed their appeal on Sept. 13,1996 at the City of Miami Office of Hearing Boards? 17. City of Miami actions and lack thereof created the consequence of Antonia Gerstacker being denied the Class II Special Permit # 95-3143 or # 96-3143. How can the City of Miami claim that their actions did not create the consequences to Antonia Gerstacker and Antonia Studio? 18. When and how is the City of Miami going to fulfill the proper procedures for `Brickell Village"? 19. Why hasn't an ordiance,resolution,ordiance,motion and public hearing been held for the proposed Brickell Village? 20. Why doesn't the City of Miami have and resolutions or ordinances which created the proposed `Brickell Village" committee? 21. Why wasn't the staff of the City of Miami and Department of Community Planning and Revitalization aware of the proposed `Brickell Village" Action Plan Implementation Program promoted by Downtown Development Authority and Brickell Area Association in March 1996? 22. Why did the City of Miami allow the Downtown Development Authority and Brickell Area Association promoted the `Brickell Village" Action Plan without proper guidelines to assist current owners, investors, and development to provide over all quality and coordinationofthe area's aesthetics before promoting to the public? 23. How can the City of Miami deny that Brickell Village, Inc. and Trademark has exclusive rights to use the name Brickell Village? 24. Why isn't the `Brickell Village Allen Morris Park"sign in the Brickell Mini Park or the Allen Morris Park anymore? 25. Why did the City of Miami post the'Brickell Village Allen Morris" sign in the Allen Morris Park when a resolution, ordinance, motion or public hearing in relation has not been passed or held? 26. Are you aware that Antonia Gerstacker and Brickell Village, Inc. registered with the Florida Secretary of State's office on September 13, 1996 and registered the Brickell Village Trademark on March 5, 1997 and both remain intact until the year 2007 and Antonia Gerstacker and Brickell Village, Inc. have exclusive rights to use such mark? 27. Are you aware that Brickell Village, Inc. and Brickell Village Trademark owner and president, Antonia Gerstacker, has executed the following responsibilities and duties: I. Brickell Village has been used in a commercial context and painted on the " Brickell Village" mural located on South Miami Avenue & S.E. 9th Street. II. In February 1997, a "Trademark Search", was conducted, as well as a search was conducted on the required documents from the City of Miami Clerk's Office. In accordance with the City of Miami Charter -and Codes and Florida Statues, `Brickell Village" in any sort of form, such as resolution, ordinance, motion or public hearing has not been recorded before the governing body of the City of Miami to this present date. III. Filed Trademark in State of Florida Department of State March 5, 1997. Registered BRICKELL VILLAGE AND DESIGN OF A COCONUT PALM CONSISTING OF FOUR HIGH LIGHTED LEAVES WITH THREE COCONUTS AND SIX ZIG-ZAG DESIGNS ON TRUNK. The number of this mark is T97000000244. IV. To prevent "unfair competition", on April 8, 1997, the City of Miami was provided Notice of Ownership- regarding BRICKELL VILLAGE, INC. & BRICKELL VILLAGE TRADEMARK exclusive right to use mark and Notice of Trademark Infringement, V. Provided Constructive Notice on Brickell Village T-shirt promoting Brickell Village, Inc. by providing Notice to Public by placing the "R" in a circle on T- shirt. 28. Are you aware that despite theses actions executed by Brickell Village, Inc. , the City of Miami and Downtown Development Authority has continued to support confusion of consumers, unfair competition, unfair business practices, and willfully continues to infringe and remains a contributory and deliberate infringer ? 29. Are you aware of "The Minority and Women Business Affairs and Procurement Program Ordinance of the City of Miami." ? 30. Are you aware of Good -faith effort in the City of Miami Charter & Code SS. 18-74? 31. Are you aware of Emergency purchases in the City of Miami Charter & Code SS. 18-52.6? 32. What guarantee is the City of Miami willing to give in order that this type of situation doesn't happen again to another citizen? 33. How can the City of Miami deny actual damages when over 850 hours have been spent on le enclosed complaint and projects? 34. Why didn't the City of Miami Staff and Downtown Development Authority execute its powers and duties and responsibilities in correlation to the City of Miami Charter & Codes and I> � - Florida Statues in relation to this entire matter? 35. How can the City of Miami deny any relationship between Antonia Gerstacker, Antonia Studio , the Downtown Development Authority and the Department of Community Planning and Revitalization Department? 36. Does the City of Miami have an estimated "cost of process"if this matter is taken to court? 37. How can the City of Miami explain the Breach of expressed contracts and implied between the Downtown Development Authority, Antonia Studio and Antonia Gerstacker? 38. Why didn't the City of Miami Attorney respond to request for advice on October 2,1996? 39. Why wasn't a written correspondence returned to Antonia Gerstacker from the City of Miami Commission Office on the letter Antonia Gerstacker sent to the City dated October 1, 1996. 40. Is the City of Miami willing to settle these problems and complaint out of court ? r'or: The Brickell Area Association Downtown Development Authority Prepared By: • � .. sa,s � Carr Smith Associates %�'■■ - s August 25, 1995 'S.E. 7th S _ ' ■ �. ISM ■ LA S.W. Sth SLSth S . 0 8tn St. Viaa.: S.W. 9th St - ■■ , sell MM— nn < S.W. I2Ih s� rI %_ E.12... ■tt.■1■■ �� All• / t6Ter r � s 8� • � 4 S..WW th . a �s I5t6 St.'� . _ tOp v Jr�L. a°� 1NTRODUCr-T10N-.,.--'.'... This "Brickell Village Ac-tion Plan and Implementation Program" provides a conceptual design, action plan,'and implementation program to revitalize the Central Brickell Commercial District and its immediate surroundings. This Action Plan's purpose is to act as a catalyst for future development. Commissioned by the Brickell Area Association, the Action Plan focuses on the area bounded by Mctrorail to the west, Brickell Avenue to the east, the Miami River to the north, and S.W. and S.E. 15th Road to the south. The area is currently characterized by low density commercial development, surface parking lots, large vacant tracts and marginal residential structures. While the district has a number of well known restaurants, it has not yet captured the economic vitality of the adjacent Brickell Corridor. The Brickell Corridor is characterized by high quality office activity and a resurgence in the construction of luxury housing. This document summarizes the results of the initial findings and proposes the conceptual solutions to increase the economic vitality of the area through improvements to the physical infrastructure. The proposal emphasizes and enhances S.E. 1st Avenue (Brickell Plaza) and transforms it into a linear activity node (Village Center). Following the guideline provided by Metromover, this proposal delineates and encourages pedestrian activity along Brickell Plaza, the central and most intimate of the avenues in the corridor. This strategy attracts and raptures the pedestrian activity generated by the Metromover stations along Brickell Plaza and defines this Village Center with east/west linkages to Brickell Avenue. S.W. 70 SL- �Iltilttllll1t111 S.W. ft S, I _ Y S.W. tau SL s M S.W. Im �rrr�rrri�rrr�i>i � a , Circulation Plan PHASE I i Clean it, Secure it, Light it, Sign it and Promote it. F j PHASE II Four of the five specified Capital Improvement j Projects would be initiated during this phase. 1. 6th Street Intersection Enhancements �'•� i 2. 6th to 8th Street Pedestrian / Vehicular Mall i 3. East-West Connector Enhancements >•'••, ���IV 4. Landscape Median at South End of Corridor .0% r PHASE III The fifth Capital Improvement Project would be initiated in this final phase. 5. Area -wide enhancements: • Street Furniture • Lighting • Brick Pavers • Landscaping • Riverwalk e"e, •...... Also, finalization of Phase II projects would be completed during this phase. Five specific Capital Improvement Projects have been identified in defining the Brickell Village Action Plan. This summary defines these improvements and delineates a strategically phased implementation plan to ensure funding. Proposed Improvements PROJECT OVERVIEW . PHASE I PHASE I: 6-12 MONTHS Immediate Short Term Improvements 1. Visionary Identity The Brickell Area Association (BAA) in accordance with the Downtown Development Authority (DDA) are currently funding the efforts involved in designing a visionary identity for the area. ELEMENT ESTIMATED POTENTIAL FUNDING AND COST IMPLEMENTATION SOURCES L CAEATEAVMOYARYMEN71TTYFOR THEAREA Underway BAA/DDA 2. SIGNACEPROGRA,N -DEYIVYI.00ATWNoFEARKNG $ 35,000 CDBG -vIL AGETHEMAI SIGNAGE $ 50,000 PRIVATE SPONSORSHIP J. K'OSILS, MARIIEMG, E imN®E,AjN7E tArxE $ 90,000 DDA 4. LAMM=V°'E'1DRms $ 25,000 MDTA 5. HARDREYADtS/QIQROVEMENTS - EYIERSEECITON ENNAMIDAENr&!tJNGR LANDSCCAPE40 $150,000 M-CIP -MEWALK REPAIRS (ADA COW LLiNCE) $ 50,000 - MMOVE LIGHTING $110.000 �6. S MMITY Comml ent lyI-p 7. NOG'DORNOOD MANAGEruNT PROGRA.N -BLOCK PARIES .ARrSHOWS — $150,000 DOWNTOWN NET / -n,■I.ICEVE TS SAD - PROPER RErAL MIX INCENTIVES - MAIN'TENANCE UPGRADES g, OGUATEPARLNGAGRWdENTMTNPRIVATEPARMGOWNM MA BAA / DDA / PROP 9. EALK LMLM-MaN nog rRwEx r N/A CITY OF MIAMI / DDA 10. URBAN DESIGN SrANDCRDS $ 10,000 DDA TOTAL, $"01000 GOAL: 2. Signage Program m Funding frothe City of Miami Community Development Block Grant (CDBG) / Downtown Signage Program could be utilized for Brickell signage, if included in the same overall implementation contract. 3. Kiosks, Marketing, Enhanced Maintenance The DDA allocates funds for these items as a demonstration project. 4. Banners, Directories The Metro -Dade Transit Agency (MDTA) provides the funding for Station Area Enhancements to be utilized for items such as banners, directories, etc. 5. Hard Repairs / Improvements Request funding from the City of Miami Capital Improvements Program (M-CIP) for landscaping, sidewalks, street rebuilding and lighting improvements. 6. Security The City of Miami Police Department (M-P) should commit to increased visible police presence within the restaurant district. 7. Neighborhood Management Program A neighborhood management committee should be established, supported by staff of the DDA and the Downtown NET. Consideration should be given to the establishment of a Special Assessment District (SAD) for marketing and management. 8. Parking Agreements BAA and DDA should encourage Property Owners (PROP) / garage o"aers to remain open in the evenings for the general public. A parking validation program should be instituted with support from the merchants and businesses. 9. Cafe Demonstration District Project This entails a waiver of fees, by the City of Miami, for a 1 year period for restaurants to place outdoor seating along the existing public right-of-way. 10. Urban Design Standards In order to ensure compliance by private developers with the proposed plan, urban design standards should be developed and adopted for the public right-of-ways. A majority of these standards, such as paving patterns and urban furniture, are already in place at the Metromover Stations. TIP FUNDING South Miami Avenue Looking South from 6th Street Photo illustrates potential development with reconfigured intersection, along with two-way traffic movement. PHASE I PHASE Il PHASE II: 1-3 YEARS zjn �, na i- fi. Short Term Improvements On the foundation of progress in Phase I, Phase II implements five specific Capital Projects identified in the project overview. These changes produce more significant gains over a longer time frame and involve the commitment of more funding, now with an increased share from state and federal sources. The Transportation Improvements Program (TIP) is a major document of the Metropolitan Planning Organization (MPO) for the Miami urbanized area. It specifies proposed transportation improvements to be implemented in Dade County over the next five years. As part of the TIP developments process, project proposals are solicited from various planning agencies including FDOT, Dade County and municipalities. The TIP development committee evaluates these proposals and recommends a prioritized list to the Tranportation Planning Council (TPC) of the Metropolitan Planning Organization (MPO). The TIP program entails the utilization of a number of funding sources that have been delineated for short-term improvements in the study area. The projects are submitted to the TPC for its review and recommended designation of funding source. These funding sources include: STP Surface Transportation Program (ISTEA) SGT Secondary Gas Tax IF Enhanced Funds LOGT Local Optional Gas Tax FDOT Florida Department of Transportation Funds General TIP funding has been designated for projects which, in some cases, have not been designated under a specific TIP funding source. ELEMENT I ESTIMATEDI POTENTIAL FUNDING AND COST IMPLEMENTATION SOURCES ant��x►� ri�uu�ttnu�►uw��.•n euv�x,rcnun $500,000 STP / FI)OT / PROP O entTorms'tuEEErsTA„ (T7U�F T . mT To Tmt sTRTEn f650,000 S.G.T. ® "NDSCAPE\IEDTAN $200,000 LOGT / PROP O EAbr--KFBr CONNECMP.SiENIUNCE26U24r (PRA-, n $700.000 PROP / E.F. ATTAINING PROPERTY OWNER CO,%ENTT IUNTS N/A N/A TOTAL 1$2,050,000 �IScv�t,�7L -J"T A► f. PHASE IIl PHASE III: 3-6 YEARS ELEMENT ,c�� Ii i•---,..._i.,. ice,. __ O61U'ff1 71SPRF3-.rMA . '1WASEW A., WIN ENIUNCFMIFVT a"IICIETFLRNMRE - Ll(.If17]G - BRR K i°.PIItS - IANI»CAP,'NG O u!r1-WEST CGNNECTOAS 0111A4MIENT (PHASE 11, . 1UVEK1VALKENHANMJF_"Yr IOMM, Long Term Improvements Phase III is intended to finalize the projects initiated during Phase II. Funding is secured almost entirely through federal sources. Subsequently, the procurement is better assured due to the establishment of ownership, commitment, and credibility in the revitalization. ESTIMATED POTENTIAL FUNDING AND COST IMPLEMENTATION SOURCES Recommended Action: Request the DDA and the City to submit these projects for $1,500,000 PROP / M-CIP inclusion in TIP and NI-CIP. Consideration should be given to the establishment of a $2,000,000 TIP / M-CIP Special Assessment District (SAD) :o assist in funding capital projects. $1,200,000 PROP/EX $50,000 PROP / M-CIP $5,200,000 South -East 1st Avenue Looking South from 6th Street Photo illustrates possible land reuse of S.E. 1st Avenue Corridor extending Borth from 8th Street. GOAL: