99-23066 RESO
RESOLUTION NO. 99-23066
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
RETROACTIVELY AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO SUBMIT AN APPLICATION TO
THE FLORIDA OFFICE OF ENVIRONMENTAL SERVICES
REQUESTING THE STATE OF FLORIDA TO ACQUIRE
THE ALASKA PARCEL THROUGH THE CONSERVATION
AND RECREATION LANDS (CARL) ACQUISITION
PROGRAM AND, SHOULD THE STATE OFFER A
PROPOSAL TO FURTHER PURCHASE THE PROPERTY,
DIRECTING THE CITY MANAGER TO SEEK FURTHER
APPROVAL FROM THE MAYOR AND CITY COMMISSION
PRIOR TO EXECUTING AN AGREEMENT.
WHEREAS, the State of Florida has established the Conservation and Recreation Lands
Acquisition Program whereby the State may acquire environmentally sensitive lands for natural
resources and other recreational purposes; and
WHEREAS, the City of Miami Beach is seeking ways to protect the Alaska Parcel from
development and maintain the open space environment of South Pointe Park; and
WHEREAS, the City proceeded to prepare an application to meet the February 8, 1999,
deadline for submission and future consideration; and
WHEREAS, the City submitted an application to the Florida Office of Environmental
Services for the State to purchase the Alaska Property.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, retroactively authorize the City Manager, or his
designee, to submit an application to the Florida Office of Environmental Services requesting the
State of Florida to acquire the Alaska Parcel through the Conservation and Recreation Lands
(CARL) Acquisition Program and, should the State offer a proposal to further purchase the property,
directing the City Manager to seek further approval from the City Commission prior to executing
an agreement.
APPROVED AND ADOPTED THIS 17TH DAY OF FEBRUARY, 1999.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-WuM6 f~1~RK~~~~
1!~
MAYOR
ATTEST:
1/1/9~
Dcrlf!t
EXHIBIT 1
CONTENTS OF APPLICATION PACKET
TWO ORIGINALS AND EIGHT COPIES OF THE FOLLOWING ITEMS:
CARL APPLICATION FORM (2 Pages)
MIAMI QUADRANGLE (Mapped by the U. S. Coast and Geodetic Survey)
STATE HIGHWAY SYSTEM IN DADE COUNTY (Florida Department of Transportation)
GENERAL DESCRIPTION (2 Pages)
ONE COPY OF THE FOLLOWING ITEMS:
PHOTOGRAPHS OF THE PROPOSAL SITE
AERIAL PHOTOGRAPH OF THE AREA (1 " = 100')
2 RECENT AERIAL PHOTOGRAPHS (Not to Scale)
PHOTOGRAPHS
TAX PLAT MAP (1" = 1 00')
TAX APPRAISER'S RECORDS FOR FOLIO NUMBER: 02-4210-000-0041
AGREEMENT AMONG THE CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY, AND WEST SIDE PARTNERS, LTD.
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, DIRECTfNG THE CITY MANAGER TO EXERCISE THE CITY'S
OPTION TO PURCHASE THE ALASKA PARCEL AS PROVIDED IN THE SETTLEMENT
AGREEMENT AMONG THE CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY, AND WEST SIDE PARTNERS, LTD. SUBJECT TO
CERTAIN CONDITIONS, Adopted January 6,1999.
CARL APPLICATION FORM
Page 1 of 2
Use of this fonn is required to propose land for
public acquisition under the Conservation and
Recreation Lands (CARL) Program. Please
provide all of the materials described under
"Attachments" on page 2. Provide ten (10)
copies of the Application, Maps and General
Description attachments and one (1) copy of the
Ownershiprrax Information. All of the requested
information must be received at the address below
by December 31 for the proposal to be eligible for
evaluation during the following year. Write, call, or
e-mail the CARL Program for further infonnation.
DO NOT WRITE IN THIS SPACE
OFFICIAL USE ONLY
GENERAL INFORMATION
A. Property Name ALASKA PARCEL
Acres 3.4
Cityrrown MIAMI BEACH
County MIAMI-DADE
B. Sponsor (person proposing acquisition):
Name SERGIO RODRIGUEZ. CITY MANAGER
Organization CITY OF MIAMI BEACH
Address 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
Phone No. (305)673-7010
SUBMIT 10 COPIES OF THIS APPLICATION TO:
CARL Program
Florida Department of Environmental Protection
Division of State Lands
3900 Commonwealth Blvd., Mail Station 140
Tallahassee, FL 32399-3000
Voice: 850/487-1750 FAX: 850/922-6233
Email: cleary_r@epic5.dep.state.fl.us
CARL APPLICATION FORM
REQUIRED ATTACHMENTS
Page 2 of 2
Maps and Aerial Photographs
... Clearly mark the boundaries of the proposal on United States Geological Survey (USGS) 1 :24,OOO-scale
topographic quadrangle maps. Submit two originals and eight legible. copies or originals with this form.
USGS maps are sold by bookstores and engineering firms (see your local phone book), and by the USGS
(caIl1-800-USA-MAPS).
... Clearly mark the boundaries of the proposal on Florida Department of Transportation (FOOT) county
general highway maps. Submit ten legible copies or originals with this form. For FOOT county maps,
write: Florida Department of Transportation, Map and Publication Sales, 605 Suwannee Street, Tallahassee,
Florida 32399-0450 (telephone 904/488-9220). Many bookstores and engineering firms also sell FOOT
maps.
... Clearly mark the boundaries of the proposal on one or more aerial photographs. Submit one set of
photographs with this form. Aerial photographs are available from the Florida Department of Transportation,
Topographic Office, Mail Station 5L, 605 Suwannee Street, Tallahassee, Florida 32399-0450 (telephone
904/488-2250), or the county property appraiser (see your local phone book).
General Description (Submit 10 copies with this form)
Attach a one- to five-page description of the land proposed for acquisition. Include the following information:
... Directions to the proposal and an explanation of how to gain access to it
... A brief summary of the topographic, geologic, hydrologic, archaeological, and historical features of the land
... A brief description of the kinds and quality of the biological communities in the proposal, and a note on the
common plants and animals, game animals, and rare or endangered plants and animals in the area
... Potential recreational or other public uses of the land
... Any past disturbances to the land, whether natural or human, and present threats (such as development
plans)
... Resolutions of local or regional governments (if any) conceming public acquisition or management of the
land
OwnershiplTax Information (Submit 1 copy with this form)
... Clearly mark the boundaries of the proposal on a legible copy of the county property appraiser's tax plat
map(s). Submit the copy with this form.
... Provide EITHER: (1) one copy of the county property appraiser's property tax card for each parcel of
land within the proposal,
OR: (2) A table that includes the following information from the property tax cards for
each parcel of land within the proposal:
1. Tax parcel identification number
2. Owners' names and addresses
3. Tax parcel acreage
4. Just or market tax assessed value
5. Types and tax assessed values of property improvements
6. Types and values of tax exemptions
7. Ad valorem taxes assessed on the property and its
improvements.
... Provide EITHER: (1) letter(s) from property owner(s) regarding their willingness to sell,
OR: (2) a statement that summarizes the general willingness of property owner(s) to sell.
... Provide a statement that summarizes the willingness of property owner(s) to consider a sale to the state of
some rights to the use of the property (for example, a conseNation easement prohibiting commercial
development) .
Tax plat maps and property tax cards are available from the county property appraiser. See your local telephone
directory for the address and telephone number.
f:lenvser-1 \formslnewcar1.app
February 20, 1998
General Description
Directions to the proposal and an explanation of how to gain access to it.
To gain access from Miami, cross Biscayne Bay on Interstate 395 (MacArthur Causeway); once in
Miami Beach this will change to Fifth Street, turn right on Washington Avenue and proceed south
to the end of Washington Avenue. There is a white fence with a wood gate at the end of Washington
A venue, which is the entrance to the Alaska Parcel, the property proposed for acquisition. (See
attached Location Map)
A brief summary ofthe topographic, geologic, hydrologic, archaeological, and historic features
of the land.
The property is coastal in that it has frontage on Government Cut and Biscayne Bay. Government
Cut is a channel that is located at the southern end of Miami Beach which provides access for ships
to the Port of Miami. A seawall exists along the shore line; however, this wall has deteriorated
through the years and the fill material behind the wall has washed away leaving dangerous supports
protruding along the shore line. The land rises quickly from the seawall to a height of approximately
two to five feet above the sea level, depending on tide. The land is flat and covered with sand and
gravel and very little plant life remains.
Miami Beach was originally a barrier island, but through time Government Cut and Biscayne Bay
have been dredged and the fill material from dredging has been used to enlarge the island. This
particular site is largely composed of such fill material; and there are not any known geologic,
hydrologic, archaeological or historic features at this location.
A brief description of the kinds and quality of the biological communities in the proposal, and
a note on the common plants and animals, game animals, and rare or endangered plants and
animals in the area.
In addition to the dredged fill material that has been placed on the property, the now vacant area
proposed for acquisition was developed by the Federal Government with a boat house and paved
drives and parking lot. All buildings and most paving materials have been removed from the
property and the majority of the land area is covered with sand and fine gravel. The area that is not
covered by gravel has some sparse vegetation. No rare or endangered plants are on the property.
Local waterfowl from the Atlantic Ocean and Biscayne Bay land on this site, but there are no visible
signs of nesting. The ground is hard packed from parking vehicles and past development so that no
burrowing animals are present. The lack of trees and vegetation deter the habitation of the site by
any rare or endangered animals. (The current condition of the property is shown in the one set of
photographs enclosed in the application packet.)
Potential ~ecreational or other public uses of the land.
The land proposed for acquisition has an excellent potential for recreational development. The
property is sandwiched between two parcels of land that are o\V11ed by the City. The property to the
southeast of the parcel is a 17 acre park knO\V11 as South Pointe Park, and the land to the north-
northwest of the parcel, knO\V11 as Federal Triangle, is a vacant parcel containing approximately 0.4
acres. South Pointe Park is developed with a beach on the Atlantic Ocean, a restaurant, picnicking
facilities, playground, and other recreational facilities. The parcel proposed for acquisition has in
excess of 260 feet of water front along Government Cut and in excess of 240 feet of water front
along Biscayne Bay. This environment provides a picturesque setting for recreational facilities or
to expand the facilities of South Pointe Park. Furthermore, the expansion of the park will ensure that
the southern tip of Miami Beach remains a public park.
Any past disturbances to the land, whether natural or human, and present threats (such as
development plans).
As has been stated before, the present condition of the parcel has been formed from fill material
dredged from Biscayne Bay and Government Cut. All natural characteristics of the property, which
existed when Miami Beach was an undeveloped barrier island, have been destroyed.
The current threat to the property is that it will be developed for high-rise residential. The proposed
property is currently zoned MR (Marine Recreational) and has a limited development potential of
less than 40,000 square feet of marine related development. The current owner/developer could
initiate an effort to upzone this parcel through the City, which would require a referendum, or by
court action. If successful, the upzoning may result in one of the following classifications: R-PS4
which has a floor area ratio (F.A.R.) of 2.0 and a height limit of 80 feet, C-PS3 which has an
(F.A.R.) of2.0 and a height limit of 80 feet, or C-PS4 which has an (F.A.R.) of2.5 and a height
limit of 150 feet. Any ofthese zoning categories would result in development that would negatively
impact the adjacent South Pointe Park.
2
CARL - Con~crvalion and Rccn;alIoll l.alld~ Program
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1997 CARL Priority Projects
Priority & Substantially Complete Groups
Barqain/Shared, MeQa-Multiparcels & Less- Than-Fee
What is the CARL program?
The Conservation and Recreation Lands (CARL) program acquires lands to conserve
and protect unique natural areas, endangered species, unusual geologic features,
wetlands and significant archaeological and historical sites. Lands acquired under the
program are maintained as parks, recreation areas, wildlife management areas,
wilderness areas, forests and greenways.
. How are properties nominated for state
purchase under the CARL program?
Anyone may propose a project. Federal,
state and local government agencies,
conservation organizations or private
citizens are project sponsors. A CARL
application form may be requested by
mail from the Department of
Environmental Protection, Office of
Environmental Services, 3900
Commonwealth Blvd, Mail Station
#140, Tallahassee, FI, 32399-3000, or
by telephone (850)487-1750
Is a project more likely to be acquired if it has the endorsement of a state or local
government agency?
Yes, especially if the agency is a manager of state-owned land. Private citizens are
encouraged to seek the sponsorship or support of a governmental agency before
submitting a CARL proposal.
Who decides what lands to buy?
CARL - Cons\:I"\':lIion and !{\:\:!"\:alt<lIl Lands Program
Fag\: 2 o!":,
The Land Acquisition Advisory Council selects and ranks projects on the CARL
acquisition list each year. The Council's six members represent the following state
agencies: Department of Communlt'! Affairs; Department of EnVIronmental Protectlen
(two members); Division of Forestrv of the Deoartment of Aqrlculture and Consumer
Affairs; Florida Game and Fresh Water Fish Commission; and the DIvision of Histcrrcal
~rc(~s of the Department of State. After ranking, the CARL acquisition list is
submitted to the Governor and Cabinet for approval at the.first cabinet meeting in
February.
Who actually buys the land?
The Department of Environmental Protection negotiates with owners and buys lands on
behalf of the people of FlOrida. The Department, however, cannot act Without the consent
of the Governor and Cabinet. The Governor and Cabinet oversee the entire program by
approving the list of projects recommended each year by the Counc:1 and by approving
specific purchases.
How much money does the CARL program
receive each year to buy land?
The CARL Trust Fund receives approximately
$40-45 million annually from documentary stamp
and phosphate severance tax revenues. However,
only $10-20 million of these funds are
appropriated by the legislature for land acquiSition
purposes under the CARL program. The
remainder is allocated for land management, local
tax payments, special projects, administrative
costs and other uses. Additionally, the CARL
Program receives approximately $135 million a
year from the sale of bonds as a result of
Preservation 2000 legislation passed by the 1990
Florida Legislature. Future funding from the sale
of bonds is dependent on legislative action, but
the Preservation 2000 Program is scheduled to
continue until the year 2000.
Is that enough money to buy all the projects on the CARL Priority List?
No, it is not enough to acquire all the projects on the CARL list in anyone year The
estimated market value of the properties on the list well exceeds a billion dollars.
When can an owner of property on the CARL list first expect to be notified by the
Department of Environmental Protection?
The Department attempts to notify owners of large tracts within new projects before the
Council ranks the list at the end of each calendar year This letter inquires about an
owner's willingness to consider selling his or her property.
Will a property owner receive any other announcement?
Yes. Owners of new projects are also notified before any preliminary acqUisition work
begins. Owners are again notified by a land acquisition agent before negotiations begin.
C \RL - COlls':fvatioll and R';':f.:atioll Llllds Program
How does the state determine
the price it will offer a land
owner?
Pail': .' of 'i
The property is appraised to
estimate its market value. For most
land acquisition projects, the state
hires two outside, independent
appraisers. The appraisals are
used by the Department as a basis
for negotiations The Department
will also consider the amount of
sovereign submerged lands and
jurisdictional wetlands in relation to
non-regulated uplands that make up the property in determining its offer.
How are appraisals obtained?
-..~
The Division of State Lands will request permission from the owner to appraise the
property. The exact timing of this request will depend on a project's ranking and the
availability of CARL funds. The appraisal process varies in time based upon the
complexity and size of the project.
What factors do appraisers consider when estimating value?
Appraisers research many factors, including zoning issues, size and location of the
property, and economic conditions in reaching their estimate of market value. This
estimated value is based on comparable sales information and on the highest and best
use of the subject property.
Maya property owner accompany appraisers when they make a site visit?
Yes. Owners are routinely invited to accompany appraisers and to discuss the property
with them.
What role can a non-profit organization play?
Non-profit organizations, such as The Nature
Conservancy and the Trust for Public Land, have
played an important role in assisting the
Department in facilitating and reaching program
objectives. Partnerships with the non-profit
groups can sometimes provide better service to
property owners as well as assist them with tax
and estate planning issues. If you would like
further information about non-profits, please
contact the Department of Environmental
Protection, Office of Environmental Ser/ices at
(850))487-1750.
Does being on the CARL list affect property
value?
No. Changes in property value through governmental action normally occur as a result of
local government decisions involving zoning, issuance of permits or changes in local land
use plans. Being on the CARL list should not trigger any such action. If lands contain
significant natural or cultural resources, however, various laws, rules and ordinances may
affect the use of the property. These same resource values would also attract the state's
acquisition interest.
Does a property owner have to self to the state?
No, not under most circumstances. Land acquisition under the CARL program is almost
CARL - COlls~rvali()lI and R~~r~ali()lI Lands Program
Pag..: .~ or 5
exclusively voluntary. Only on very rare occasions, when critical natural resources are
endangered, or the state's ability to effectively manage adjacent state-owned land is
jeopardized, does the state use the power of eminent domain. Any decision to pursue the
acquisition of property by condemnation must be authorized by the legislature and
approved by a majority vote of the Governor and Cabinet. The state must also have made
at least two bona fide offers through negotiations and reached an impasse with the
owner(s). All condemnation actions must be proven in court, while a jury establishes the
price the state will pay. .
How can an owner keep his property off the CARL list or get it removed if it is
already on the list?
If an owner does not wish to sell land to the state, he or she should write or call the DEP,
Office of Environmental Services. An owner's concerns will be conveyed to the Council,
which mayor may not take action to remove the property from the CARL list or prevent
the property from being added to the list. Additionally, if an owner's property is on the list
but not funded in the current year's acquisition work plan, the owner may request that the
Governor and Cabinet remove it from the list. This request must be sent by certified mail
to the Office of Environmental Services, 3900 Commonwealth Blvd., MS 140,
Tallahassee, FL, 32399-3000.
Why would the Council
sometimes choose to keep a
property on the CARL list if it is
owned by an unwilling seller?
The state can not acquire property
that is not part of the approved
acquisition list. If the resources on
the property are of great value, the
Council will sometimes choose to
add or leave a property on the
CARL list for a period of time even
if the current owner does not wish
to sell. This gives the state the
flexibility to negotiate should the owner change his or her mind or other circumstances
change.
What are the advantages of selling property to the state?
If an owner needs cash, the state is in a position to offer it. Even owners of large tracts
can expect to receive cash because of the size of the state's land acquisition trust funds.
On rare occasions and generally at the request of the owner, payment may be received in
installments over a two to three year period. Selling land to the state may provide certain
tax benefits, as well.
An owner's decision to sell property to the state also has other, less tangible benefits. It
can dramatically affect the many Floridians and visitors to Florida who want to learn and
experience the Florida of shady hammocks, open pine lands, rivers and springs. An
owner will also have the satisfaction of knowing he or she has helped protect important
ecological habitat or cultural resources.
Are there other ways to protect land without an owner selling all of his or her
property rights to the state or another public entity?
Yes. Under certain circumstances, if the Department decides it is in the best interest of
the project, alternatives are available. An owner might consider a life estate. A life estate
enables an owner to continue to live on the property but assures state ownership and
management after his or her lifetime. Granting or selling a conservation easement,
curtailing all or some of the development rights, also helps protect important resources
and is sometimes a tax advantage to an owner. If an owner does not wish to sell the
property at the present time, granting a first-right-of-refusal guarantees the state the
opportunity to try to buy the land in the future, if circumstances change and an owner
decides to put the property on the market.
These and other methods of resource protection planning can often solve the needs of
CARL - Conservation and Recreation Lands Program
the owner while saving part of Florida's natural or cultural heritage for the future,
Page 5 o!" 5
DeHaven
For more information,
contact:
Florida Deoartment of
Environmental Protection
Division of State Lands
Office of Environmental
Services
3900 Commonwealth Blvd.
Mail Station #140
Tallahassee, FL 32399-3000
850-487-1750
All photographs courtesy Callie
c.~RV A'Fl
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~ITY OF MIAMI BEACH
TV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
cp:\\ci. m iam i-beach. f1.us
COMMISSION MEMORANDUM No.\21- ~ I
TO:
Mayor Neisen O. Kasdin and
Members of the City Co ission
DATE: February 17, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RETROACTIVEL Y AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT AN
APPLICATION TO THE FLORIDA OFFICE OF ENVIRONMENTAL
SERVICES REQUESTING THE STATE OF FLORIDA TO ACQUIRE THE
ALASKA PARCEL THROUGH THE CONSERVATION AND RECREATION
LANDS (CARL) ACQUISITION PROGRAM, AND IF THE STATE OFFERS
A PROPOSAL TO THE CITY TO PURCHASE THE PROPERTY, THE CITY
MANAGER WILL SEEK APPROVAL FROM THE CITY COMMISSION
PRIOR TO EXECUTING AN AGREEMENT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The State of Florida appropriates funds each year for the Conservation and Recreation Lands
(CARL) Acquisition Program. In Fiscal Year 1998-1999 the State appropriated $148,000,000 for
the acquisition of environmentally sensitive lands for preservation of natural resources, as well as
other lands for outdoor recreational purposes. The actual purchase of the parcels is approved by the
State Cabinet based on recommendations of the Land Acquisition and Management Advisory
Council. The CARL program is administered by the Office of Environmental Services.
The Agency established a deadline of December 31, 1998, for receiving applications; however the
State does accept applications after that date in some instances. The City of Miami Beach requested,
and was permitted, an extension of time since the City Commission did not direct the City Manager
to exercise the City's option purchase the Alaska Parcel until January 6, 1999. However, in order
to provide the staff of the Office of Environmental Services time to review the application prior to
AGENDA ITEM Ci C
DATE 2-{l-3CJ
COMMISSION MEMORANDUM
PAGE 2
making recommendations to the Advisory Council, it was necessary'for the application to be in
Tallahassee by February 8, 1999. To meet this deadline, the City proceeded to prepare and submit
an application to the Florida Offices of Environmental Services for consideration. There was
insufficient time to prepare a resolution beforehand to request City Commission approval prior to
the submittal of the application. A copy of the narrative of the grant application is attached. See
Exhibit 1.
If at any time during the review of the application by the Office of Environmental Services or the
Land Acquisition Advisory Council the City decides to withdraw the application from further
consideration. a formal request may be made to the State and the application will no longer be
considered.
With the adoption of this resolution, the City Commission and Mayor are retroactively authorizing
the City Manager, or his designee, to submit an application to the Office of Environmental Services
for the State Cabinet to purchase the Alaska Parcel and provide any additional information that may
be requested.
ANALYSIS
The City Commission has instructed the City Administration to seek funds to purchase the Alaska
Parcel of land on Government Cut. Since the CARL Program provides funds for the State to acquire
land for conservation and recreation, the City of Miami Beach filed an application for the State to
consider the acquisition of the Alaska Parcel and the land would be preserved.
Some municipalities provide a match of State funds in order to move an application higher on the
priority list for funding. However, the City of Miami Beach did not offer any local funds to match
State funds and no local match will be required.
CONCLUSION:
The Administration recommends approval of the attached Resolution of the Mayor and City
Commission of the City of Miami Beach, Florida, retroactively authorizing the City Manager, or his
designee, to submit an application to the Florida Office of Environmental Services requesting the
State of Florida to acquire the Alaska Parcel through the Conservation and Recreation Lands
(CARL) Acquisition Program, and if the State offers a proposal to the City to purchase the property,
the City Manager will seek approval from the City Commission prior to executing an agreement.
SRJc1ttC/RM/JRJrls
Attachment
T:IAGENDA \ I 999\FEB I 799\CONSENT'CARL-APP.CMC