03-22-1999 Workshop Meeting
City of Aventura
City Commission
Workshop Meeting
March 22,1999
Following Special Meeting at 9:00 A.M.
Executive Conference Room
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Agenda
Dog Park Proposal
Special Master Appointment (Commissioner Beskin)
AK Media Billboard Proposal
Vehicle Handbill Regulations Ordinance
Transfer of TCI to AT&T
Y2K Subcommittee Update (Commission Berger)
Comprehensive Plan Issues (Commissioner Perlow)
Selection of Vice Mayor
Thunderboat Alley (Commissioner Perlow)
Other Business
Next Workshop - April 20, 1999 -9:00 A.M.
179th Street Crossing
land Development Regulations
Cultural Arts Center
In accordance with the Americans wijh Disabilijies Act of 1990, all persons who are disabled and who need special accommodations to
participate in this meeting because of that disabilijy should contact the Office of the City Clerk, 305-466-8901, not later than two days
prior to such proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
City Commission ,,. . L
Eric M. Soroka, crrg r
March 18, 1999
DATE:
SUBJECT:
Dog Park Proposal
At the last Commission Workshop, I was asked to provide the following information for
the March Workshop:
1. Is the Huber Tract available on a temporary basis to be utilized for a place
for unleashed dogs and at what cost?
2. Are there other sites in the City that could be developed as a permanent
location as a park for unleashed dogs?
Response
1. The Huber Tract is available on a temporary basis. The cost for establishing a
one-acre fenced dog run would be approximately $45,000 - $60,000. However, I
would not recommend that this site be made available even on a temporary
basis for the following reasons:
a. Unless a permanent location is found it would be difficult to stop the use
of the site once construction commences on the Huber Tract.
b. The cost of preparing the site is high due to the safety concerns and clean
up required.
c. Parking is limited unless additional property was set aside.
2. I have investigated properties in the Hospital District and in the northern portion
of the City for a possible location for a permanent site for a park for unleashed
dogs. As you are aware, the School Board recently requested that the City
propose sites for a school location. As in both cases, due to the limited amount
of underdeveloped land available in the City, it is extremely difficult to find sites in
the City. In addition, with the adoption of the City's Comprehensive Plan, and
proposed redevelopment of the Hospital area, property costs in the area have
skyrocketed. The newly acquired Waterways Park could not be used for this
purpose due to the lack of parking.
More important, we need to develop a policy regarding the priorities for the
remaining land that is available (i.e., school site, park site). The Comprehensive
Plan does envision another park site in the northern portion of the City. How and
when that occurs needs to be determined through the City's five-year CIP. At
that time, the Commission may want to revisit the unleashed dog park issue. In
any event, the purchase of property is a long-term solution to the current issue at
hand.
Recommendation
As we embark on this process, the proponents of a dog park were and still are
concerned that a temporary solution is not available. Code Enforcement has advised
that more and more time has been committed to enforcing the leash law in the southern
portion of the Founders Park.
In order to begin to address closure on this issue, it is recommended that the City
Commission adopt one of the following alternatives:
1. No change to current policy, which allows dogs in the southern portion of
the park so long as they are on a leash. In the event additional park land
is acquired in the future, the City would consider setting aside areas for
unleashed dogs.
2. Designate certain times of the day (i.e., 9:00 a.m. to 10:00 a.m. and 4:00
p.m. to dusk) that the southern portion of the park will be open to off-leash
dogs. If selected, this proposal should be adopted on a trial basis to allow
evaluation and feedback.
EMS/aca
Attachment
CC0731-99
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission
Erio M. Soco'o. C~g,
March 18, 1999
TO:
FROM:
SUBJECT:
Resident Request to Allow Unleashed Dogs on Southern Portion
of Founders Park
BACKGROUND
Park Reaulations
At the time Founders Park was opened in November, dogs were allowed only in the
southern portion of the park so long as they were on a leash in accordance with the
City's Leash Laws. The City installed "pooper scoopers" in the park to assist the dog
owners in keeping the park clean. The City's Leash Law is attached as Exhibit "I". The
City's Code requires dogs to be leashed on public property in the City.
Petition
Since the opening of the park, the City has received several requests from residents to
close the gates of the southern portion of the park and allow the dogs to run free
without a leash. On January 5, 1999, several residents appeared at the City
Commission Meeting to discuss the establishment of a dog friendly park. The idea was
to create an off leash exercise area comprising of the southern portion of the park. A
copy of the residents' petition is attached as Exhibit "II".
The Petition, submitted by David Vogel, proposes the following:
1 . That the South Park be re-designated as a dog park or dog run allowing full
access to resident dogs that are properly registered and behaved.
2. That a gated fence approximately three to four feet high be erected just south of
the parking lot from the East fence to the West fence, effectively enclosing the
canine visitors of the park and prohibiting inadvertent detours.
3. That all dogs be kept on a leash until safely enclosed within the proposed gated
fence.
4. That visitors be required to clean up after their dogs or they will risk receiving a
citation and/or denial of park privileges.
5. That the South Park be kept open until 7:30 p.m. so that working people (who
comprise the majority of the South Park users) can take advantage of this
wonderful resource. Currently, most of the people who would use and assist in
the preservation of the South Park work until at least 5:00 p.m., so that by the
time they even get home, the Park gates are locked.
On the other hand, it should also be noted that this office has also received complaints
from other dog owners who are intimidated by the unleashed dogs and residents who
are reluctant to utilize the southern portion of the park when dogs are unleashed.
leash law Survey
In order to review what other cities have done to respond to this issue, a survey was
conducted. The survey revealed that all cities surveyed required dogs to be leashed
while in the park. A copy of the survey is attached as Exhibit "III".
A copy of the following cities' ordinances regarding dogs at park facilities is attached as
Exhibit "IV":
- Miami Springs
- North Miami Beach
- Surfside
Doa Parks / Doa Runs
Residents David Vogel and Betsy Graber advised me of a dog park established in the
City of Coral Springs and dog runs established in New York City and provided
information and other internet sites as well. Information regarding this topic is attached
as Exhibit "V". A booklet prepared by the National Recreation and Park Association
entitled "Planning Parks for Pets" is attached as Exhibit "VI". A "Dog Park" is a park
designated for dog owners to allow dogs to run off-leashes. A "Dog Run" is enclosed
areas within a park where well-behaved dogs can roam and playoff-leashes.
Issues
1. The southern portion of Founders Park was acquired from the County via Hidden
Bay. In order to obtain the site from Hidden Bay after it was dedicated to the
County and revise the original plan adopted by the County, the City agreed to
certain conditions regarding the use of the park site. Any changes in the use of
the park site or in the intensity of uses either through construction of additional
facilities or the conduct of activities of a more active nature than shown on the
original park plan, must be submitted to Hidden Bay for their approval. The
agreement also acknowledges that the park will be operated only during daylight
hours with occasional (not more than six per year) events during the evening
hours.
2. The City received $160,000 in Safe Neighborhood Parks Bond funds to develop
the southern portion of the park. Sorne of the restrictions attached to the funds
are as follows:
. The park shall be open to residents and non-residents.
. The City cannot change a non-resident fee for the use of the park.
. Any substantial alterations to components funded by the grant funds require
County approval.
. The Park shall be utilized as a passive facility open to all residents of the
County.
. Any changes that result in prohibiting any segment of the community from
utilizing the park could result in the forfeiture of the grant funds.
3. It was the intent of the City Commission to utilize the southern portion of the park
for cultural activities and concerts. Changes in the use of the park may impact
the cultural activities.
4. The City's Leash Law also applies to the two other public facilities - Country
Club Drive Exercise Walkway and Waterway Park - owned and operated by the
City. Changes in the Leash Law may impact these facilities.
5. The adoption of an off-leash policy for a public area owned by the City increases
the City's liability costs.
Alternatives
Based upon my research of this matter, the following represent the alternatives
available to the City Commission:
1. No change to current policy, which allows dogs in the southern portion of the
park so long as they are on a leash.
2. Establish the southern portion of the park as a "Dog Park". This alternative
would jeopardize the following:
. The $160,000 grant funds.
. The establishment of cultural events in the park.
. The agreement with Hidden Bay. This will result in higher operation costs for
the park.
3. Establish a "dog run" in a designated area of the southern portion of the park.
This may require County and Hidden Bay approval. This will result in higher
operation costs for the park.
4. Designate certain times of the day (i.e., 9:00 a.m. to 10:00 a.m. and 4:00 p.m. to
dusk) that the southern portion of the park will be open to off-leash dogs. This
will result in higher operational costs for the park.
It is recommended that if the current policy is revised that it be implemented on a trial
basis to determine the impact on the park and maintenance operations.
The City Attorney's office is investigating the liability issues and effects on the insurance
costs.
EMS/aca
Attachments
CC0715-99
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
Eric M. Soroka, City
FROM:
Robert M. Sherman,
DATE: March 11, 1999
Community servi~ ~
SUBJECT: Estimate of Construction Costs for Dog Run at Huber Tract
The following cost estimate has been prepared to construct a one acre fenced dog run
at the Huber Tract property. If a larger area is desired, the construction costs will
escalate proportionately:
1. Clearing
2. Debris Removal:
3. Fire Hydrant Tap and Water Meter
4. Irrigation
5. Fencing
6. Sod
TOTAL
RMS/gf
RMS99027
$12,000
7,000
5,000
15,000
10,000
10.000
$59,000
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Playground
for pups
is a reality
CITY PRODUCES PLAN FOR DOGS
TO RUN FREE AT SNYDER PARK
By USA J. HURIASH
ST A Fl WRI IE R
FORT IAUDERDALE - The only city in
Broward County that allows dogs on a select
area of the beach is making plans to build a
pooch"nly park.
The city's Parks and Recreation Depart-
ment will propose turning a two-acre piece of
parking lot for Snyder Park into a dog park,
complete with \vater buckets for the pooches
and play equipment. The plan fOf the park. at
3299 SW Fourth Ave. off State Road 84, comes a
year after a group of citizens started a petition
drive asking for a park to allow their dogs to
run free.
"I think it's a great idea, something the citi-
zens of Fort Lauderdale have been asking for:'
said Phil Thornburg, the city's parks superin-
tendent. "In an urban area there are not a lot
of places you can take your dog."
The cost to the city 1)a50'1 been decided yet,
but will include fencing in the area, turning
parking lot into a shady area, adding play
equipment and pooper scoopers, Thornburg
said.
The decision to have a dog park comes at
the request of resident Tom Catalina last Feb-
ruary. Catalino said he came home for lunch
to let his miniature poodle, Buddy, out for a
run at Holiday Park and received a citation,
which eventually cost him $140, for violating
the city's leash law.
He started a petition, fmding dozens of pe0-
ple in support of his plan.
Thornburg said the city chose Snyder Park
because it is farther from residential areas,
which conld be disturbed by barking pups.
"There's many people that seem to have
dogs," said a pleased Catalina after learning
that his ide~ will sool?- co'me ,~ore the City
Tom Catalino started a petition to get his dogs Buddy. left. and Rascal a place to
play. The result is an area for dogs at Snyder Park. Staff file photolJlM VIRGA
Commission. "Instead of running them
around the neighborhood, there shonld be a
place to go and not be bothered. They can meet
other dogs and people can meet their owners."
The plan will be modeled after Coral
Springs, home to Innopet Park, Broward's fIrst
(and only) city park that allows dogs to run
without leashes.
Innopet Park, which opened in February
1997, is a popular spot for dog owners. It's
located in the Coral Springs Sportsplex, and is
filled with hurdles, tunnels, ramps and tire
jump-throughs.
In Fort Lauderdale, there will likely be
rules. All dogs will most likely be required to
be licensed, and owners must clean up after
them, said !?m Tapp, dir~ctor ,of P~'ks, and
Recreation.
The Fort Lauderdale ProlXlsal could come to
commissioners during March for approvaL
Mayor Jim Naugle said he likes the idea,
especially with the growing trend of condo-
miniums to allow pets.
"With these new condos, they're allowing
dogs. Big dogs," Naugle said. "Where are they
going to run?"
There are two public areas in FOli Lau-
derdale where people are legally permitted to
bring dogs: Riverwalk. along which the city
has installed pooper seooper stations, and Dog
Beach, a section of beach, near Sunrise
Boulevard.
"We're angling to be the most dog-friendly
city,:' Naugles.a~d:
Sufi WJf1W
-Z\7'b \ i\q
CITY OF AVENTURA
OFFICE OF THE C!TY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
February 18, 1999
SUBJECT: Appointment of Special asters for Code Enforcement Process
March 2, 1999 City Commission Meeting Agenda Item 1- 13
RECOMMENDATION
It is recommended that the City Commission ratify the City Manager's re-appointment of
Judge Alfred ("Fred") Nesbitt and Herbert L. Kliger, J.D. and appointment of Robert A.
Friedman as Special Masters for the City of Aventura's Code Enforcement Process.
BACKGROUND
Section 4 of Ordinance 6-14, which established the City's Code Enforcement Process,
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. It further provides that they may be re-appointed by
the City Manager, also subject to ratification by the City Commission. The above-
referenced individuals are submitted to you for re-appointment and appointment of
Special Masters.
In addition, we will be advertising in our next newsletter for additional residents who
wish to become Special Masters.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0718-99
ROBERT A. FRIEDMAN
20780 N.E. 30th Place
A ventura. Florida 33180
(305) 692-9207
LEGAL EXPERIENCE
MILLER, KAGAN, RODRIGUEZ & SILVER, P.A., Coral Gables. FL June 1996-Present
Attornev: Represent workers' compensation employers/insurance carriers in all aspects oflitigation
from discovery through trial. Attend depositions, meditations and hearings in connection with
litigation. Speak at client seminars and teach clients on changes in workers' compensation area of
law. Represent insurance carriers in civil litigation matters from discovery through trial.
HOFFMAN, LARIN & AGNETTI, P.A., Miami. FL Allgllsl1995-Jlllle 1996
Attortlev: Represent workers' compensation claimants. Interview potential clients and attend to
client needs throughout duration of case. Prepare Requests for Assistance and Petitions for Benefits.
Attend hearings and depositions, prepare demands for settlement and participate in settlement
negotiations with insurance adjusters and employers/carriers. Assist in other areas of tirrn's practice
including personal injury. family law. bankruptcy. real estate. probate and social security disability.
HOFFMAN, LARIN & AGNETTI, P.A., Miami, FL May 1993-May 1995
Law Clerk: Researched and prepared legal memoranda in areas of commercial law. family law,
bankruptcy. workers' compensation. copyright infringement and personal injury. Drafted complaints.
discovery documents and memoranda to stale and federal courts including motions to dismiss and
motions for summary judgment. Assisted in client relations and trial preparation.
EDUCATION
ST. THOMAS UNIVERSITY SCHOOL OF LAW
J.D. degree. May 1995.
Honors: Dean's List
Activities: Honor Council
Trial Court Team
Sports and Entertainment Law Society
American Trial Lawyers Association
Intramural Sports League
UNIVERSITY OF FLORIDA
B.A. degree. December, 1991. Major in Criminal Justice.
Ac/il'ities: Pi Lambda Phi Fraternity: Executive Council
Intramural Football. Basketball, Softball Leagues
Phi Alpha Delta Member (Pre-Legal Society)
SKILLS AND INTERESTS
Licensed insurance instructor for workers' compensation
Memher of Florida Bar Association
Member of Coral Gables Bar Association
LEXIS. WESTLA W. WordPerfect. Microsoft and Time Matters
Knowledge of Spanish
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
DATE:
March 2, 1999
ager
0; DevelOpmeOlDi""'ro
SUBJECT: Existing Billboards in the City
Pursuant to the last City Commission workshop, this department has prepared an
inventory of the existing billboards in the City. Please refer to the attached color map and
pictures for more details regarding the locations and what the billboards look like:
BILLBOARD OWNER SPECIAL NOTES OF INTEREST
(see map for
location)
A Outdoor System To be removed prior to June 1999
B A K Media
C Outdoor System
D Empire
E A K Media
F A K Media
G A K Media
H A K Media
I A K Media FOOT settled with owner based on total
take
J Outdoor System To be removed as condition for any
new develooment on this site
K A K Media To be removed as condition for any
new develooment on this site
As always, if you should have any additional questions, please feel free to contact me.
tti
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AVENTURA e\...'-JO. ~
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Aventura Police ::J
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MARK S. ULMER
eel C.4-c.t
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ATTORNEY AT LAW
BISCAYNE CENTER, SUITE 612
11900 BISCAYNE BOULEVARD
MIAMI, FLORIDA 33181
TELEPHONE (305) 891 -9898
FACSIMILE (305) 891 -6770
February 22, 1999
Mr. Eric Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Fla. 33180
Re: AK Media Billboards within City of Aventura.
Dear Mr. Soroka:
At the City Commission Workshop last week, the Mayor and several City
Commissioners asked if we could provide the location of another billboard that would be
similar to what we propose at the elevated 203"' StreetlBiscayne Boulevard location.
Enclosed is a map indicating a sign that meets these criteria, that is, the billboard
structure top is at sixty-five feet and the elevated roadway is at thirty-three feet. We
envision that this would be the "worst case scenario". The location is on the east side of
1-95, just north of 7151 Street.
I have also enclosed two photograph printouts, one showing the approach to the
elevated roadway with the sign just to the right of the American flag; the other is a
photograph from the road level near the top of the bridge.
Please advise me of any future workshops or City Commission meetings that might
address our issues. Thank you in advance for your cooperation.
Sincerely,
~
Mark S. Ulmer
MSU/ya
Enclosures
cc: Mr. Jeff Andres (w/encl.)
RECEIVED
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OfFICE OFTHE
CITY MANAGER
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CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 1915T STREET
SUITE 500
AVENTURA, FLORIDA 33180
OFFICE OF THE CITY MANAGER
January 29, 1999
Mark S. Ulmer, Esq.
Attorney at Law
Biscayne Center, Suite 612
11900 Biscayne Boulevard
Miami, Florida 33181
Re: AK Media Billboards Within City of Aventura
Dear Mr. Ulmer:
Reference is made to your tetter dated January 5, 1999 and our recent conversation
regarding the above subject.
I have scheduled this matter on the next Commission Workshop Agenda, which is
scheduled for February 16, 1999 at 9:00 a.m. The meeling is held at the Government
Center. Please confirm with my office if you can attend the meeting.
Thank you for your assistance in this matter.
T
Eric M. roka
City Man er
EMSlaca
Attachment
cc: City Commission (wi attachment)
Brenda Kelley, Director Community Development (wi attachment)
David Wolpin, Esq., City Attorney (wi attachment)
CM0964-99
PHONE. 305-466-8910. FAX: 305-4C6-891 9
MARK S. ULMER
ATTORNEY AT LAW
81SCAYNE CENTER SUITE 612
11900 BISCAYN': BOULEVAF,D
MIAMI, FLORIDA 33181
TELEPHONE (3051891-9898
FACSIMILE (.305) 89'"6770
January 5, 1999
Mr. Eric Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Fla. 33180
Re: AK Media Billboards within City of Aventura.
Dear Mr. Soroka:
As you know, I represent AK Media Group, Inc.. the owner of several billboards
located in the City of Aventura. Several of the company's signs have been impacted by the
Florida Department of Transportation's project to elevate the intersection of Biscayne
Boulevard at N.E. 203" Street.
You are familiar with one of these signs - the one located at the northwest quadrant
of Biscayne and 203" Street - and, as you know, it will be coming down shortly and the
FOOT will be constructing a retention pond on this site.
The company also has signs at the southwest and the northeast corners of Biscayne
and 203cd Street which are not being taken by FOOT, although their advertising value will
be diminished due to a reduction in visibility from Biscayne Blvd. once the intersection is
elevated.
Over the past two years, I have observed that the Aventura City Council has
expressed a desire to reduce the number of signs within the city. As I believe you are
already aware, forced removal of billboards from Biscayne Blvd., a federal aid primary
highway, without compensation is prohibited by both state and federal law.
Nevertheless, if it can be done in a way that inflicts no net financial loss, my client
may be willing to voluntarily remove some of its signs ;'1 Aventura without compensation.
Specifically, my client would be willing to remove the large monopole billboard on the east
side of Biscayne Boulevard opposite Miami Gardens Drive, as well as one of the structures
located on the railroad right-of-way west of the Aventura mall and north of the William
Lehman Causeway, if it is able to obtain all necessary approvals and waivers from the City
and FOOT to elevate the two signs at Biscayne and 203" Street located at the southwest
and northeast corners.
Mr. Eric Saroka
January 5, 1999
PagE; 2
Please present this matter to your City Council and ascertain whether there is any
interest in pursuing negotiations to accomplish this res'JIt. It seems to me that it would have
the effect of meeting both the City's goal of reduction of the number of signs, and also be
viable from a financial standpoint for my client. I look forward to hearing from you.
Sincerely,
------??-( fz~_
Mark S. Ulmer
MSU/ya
cc: Mr. Jeff Andres
l\IARK S. UL\f~R. ESQ.
B'SCAYNE CENTER SCj, E 612,,1980 B'SCAl'NE BOI,U:vARD. ~1IA>.11 c'-OR'DA 3::3181 . TEL i305 891 -9898. 'AX 305' 89 -677(!
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FLORIDA_ .
UWTOlt CIIILES
GOVEIlH""
DEPARTMENT OF TRANSPORTATION
.... c. "Am
SKCRETAIlY
.
OFFICE OF THE GENERAL COUNSEL
EMINENT DOMAIN - DISTRICT SIX
1000 N.W. llJlh AVENUE
MIAMI,FL 33172
* * * * * * * . * . * . * * * . . * . * * * * * . . * * * * . . . . . '.' * . * . . . * . . . . *
TEL: (305) 470-5435/470-6712
FAX: (305) 470-5552 r/LA
.' t' I I
rr's
'It aJ! fllSfdt
This message is int nded for the use of the individual or entity to hic it is addr~~~d may
contain information that is privileged. confidential and exempt from disclosure under applicable law. .
If the reader of this message is not the intended recipient or the employee or agent responsible for
delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and return the original message
to us at the above address via the U.S. Postal Service. Thank you. .
. .-
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IN TIlE CIRCuri' COURT OF TIiE
ELEVENnt JUDICIAL CIRCUIT .
IN AND FOR DADE COUNTY , FLORIDA
.
GENERAL JURISDICTION DMSION
CIVIL ACTION NO. 97-28166 CA 02
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
PARCEL 122
petitioner,
vs.
TRErON MACKRIDES, et al.,
Respondents.
/
STIPULATED FINAL JUDGMENT AS TO INTEREST
OF AK MEDIA .
THIS MATTER having come before the Court on the joint motionaf petitioner, STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, and Respondent;AK MEDIA .
GROUP. INC., set foJth herein-below, and the Court being otherwiSe advised, it is
ORDERED AND ADJUDGED:
.;:":'.
1. That the Respondent, AK MEDlA GROUP, INC., docs have and recover of
and from the petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, the
sum of SEVEN HUNDRED FIFTY TIIOUSAND and NO/l00 DOLI..AW> ($750,000.00), in
full payment for the taking of the rights of said Respondent in Parcel 122 and the billboard
located thereon, inclusive of all damages; plus the sum of SIXTY ONE THOUSAND EIGHTY
SIX and 54/100 DOLLARS ($61,086.54) for all of said Respondent's attorney's fees and costs
in this matter.
,.........\-
r----'
2. That within thirty (30) days of the enlJ'y of this Stipulated Fina11udgroent, the
Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, shallpay'intothe
Registry of the Court the sum of TWO HUNDRED ELEVEN THOUSAND EIGHTY SIX and
. 54/100 DOLLARS ($211,086.54), which Is in addition to the SIX HUNDRED THOUSAND
. and NO/100 DOLLARS ($600,000.00);' already deposited by the petitioner on behalf of the
-Respondent, AK MEDIA GROUP, INC., pursuant to the Order of Taking entered by this Court
on March 26, 1998.
3. Forthwith upon receipt of the funds and without need for further Order of Court, the
Clerk of the Court shall issue its regislJ'y check. made payable_ to MARK S. ULMER.
TRUSTEE. in the sum oflWO HUNDRED ELEVEN THOUSAND ElGHTY SIX and 541100
DOLLARS ($211.086.54), and shall immediately forward said check.or warrant to Mark S.
Ulmer, Esq" the Respondent'S attorney, at 11900 Biscayne Boulevard, Suite .612. MD.
Florida 33181, for further disbursement by him in accordance with the terms of this Stipulated
Fmal Judgment.
4. It is further ordered that the sum of SIX HUNDRED TllOUSAND and NOIlOO
DOu.ARS ($600,000,00). referred to in paragraph 2 above. is hereby released frorn trUst and
the ~ is hereby ordered to disburse funds in accordance with this stipulated (mal judgment.
DONE AND ORDERED this
day of
, 1998 in the State of Florida. County
of Dade.
By:
CIRCUIT COURT mDGE
_------ __ ,__~,.' '0' .'_
. .
<"
mINT MOTION
.-.
The parties. by and through their undersigned counsel, move for the entry of the
foregoing Stipulated Fmal Judgment this (('- day of June. 1998.
By:
P ER D. WALDMAN. ESQ.
Florida Bar No. 011495
>~,.
MARKS. ULMER. ESQ.
Attorney for AK MEDIA
11900 Biscayne Bl~d,. Suite 612
Miami. Florida 33181
(305) 891-9898
By: ~l*c-.
MARK s. ULMER. ESQ.
Florida Bar No. 373990
'-',
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, ~
FORM:.575-0>>.07 ,
RlOHTQFWAY_lJk
""",
REVIEW APPRAISER'S STATEMENT
Slate Project No. :8703G-2534
Parcel No.: 122
SCOPE OF THE REVIEW
'-
In order 10 ~mpIete!be review, it was necessary 10 read \be appraisal reports, inspect the subject and .the relevant comparables
presented by !be appraisers. The reviewer eumined lite data and methodology used by !be appraisers and reached conclusions
aboutlbe melhods used and reasonableness of the value estimates. The appraisals were then reviewed 10 verifY that they had
been prepared in conformity with the USP AP and FDOT Supplemental Standards to the UnlfurmStandards of Professional
Appraisal Practice. Not all the data was independently researched or verified in the review process.
APPRAISAL REPORTS AND THE DATA mm.n
Edward N. Park....'s Appmv..dApDrai",,1:
Mr. Parker indicates that the highest and best use of the parent tract, as though vacant aad Improved 10 be for an ODA billboard
sign. The appraiser acknowledB"" that Avenlura will soon adopt their own :r.oning ordInance which will apparently profibil
new 0011. signs in the city. But as of the date of the appraisal the OoA billboard sign is a legal use of the property.
The appraiser valued the land using two approaches., These were the direct comparison of comparable land sales and then
. valuation of the <e as if it were leased tQ an ODAsign company for .billboard sign use.' Utilizing five comparable land sales
for direct comparison the appraiser arrived at a land value of $23.50 per square foot or $192,000. , However, after analysis
of a multitude of aDA ground 1eases Parker concludes to a land value of $29.39 per square foot or $240,000.
The cost new of the sign was estimated by Mr. Bill Simmons, Sign Consul1a.nt, to be $82,000 (R). Parker figured in an
observed depreciation amounting 10 $2,000. Therefore, the depreciated cost new of the sign is estimated at $80,000.
To amve at the contributive value of the billboard sign the gross sign rental. revenue that a sign can generate was sought.. Then
an appropriate grOss ii1come multiplier (GlM) was applied tQ it 10 amve at the totIIasset value (excluding land). Parker utilized
the belp of the sigri cOi1su1tant, and surveyed and interViewed several individuals within the sign industl)'. After gathering and
analyzing the data he concluded 10 a market rent for the subject property of $300,000 per year. Then after analysis of sales
of billboards within the South Florida area, Parker concluded to a GIM of 4.0 which resulted in a total asset value of
$1,200,000 ($300,000 x 4.0).
However, the business value portion of this total asset is not considered cOmpensable. After e><tensive research to determine
the advertising revenue splits, the business value portion was deducted. The total value of the parent tract was stated to be
$840,000, allocated as follows:
Value of the sign owner's. interest
Value of the land owner's interest
Tolal parenllracl value
$600,000 1
~16 :::
C $840,000 .
The Part to Be Acquired:
The IOtaI value was estimated 10 be $45,850.
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RlOI!\" OF Wlt.Y 01191
....,.
REVIEW APPRAISER'S STATEMENT
State Project No. :87030-2534
Parcel No.: 122
The Remainder As ParI of The Whole:
Mr. Parker estimated the before market value of the parent tract at $840,000. The total of the part acquired was $45,850.
Therefore, the remainder as part of the whole was $794,150, ($840,000. $45,850)
The Remoindu;
Mr. Parker considers the impact of the acquisition on the remainder. He determines that the highest and best use of the
remainder site will change in' the after to an assemblage site (sale to an adjacent owner). He addressed the issues which led
him to this decision and they are distilled as follows.
The acquisition will cause the .site to be in violation of the sign ordinances 10 foot setback requirements and the City of
AvenlUra has indicated that it will not allow the sign to be moved back on the sile in order to comply with the setback
requirements. .. Also, the City indicated that even if the sign were not in violation of the setback requirements, it would not allow
the sign to be raised in height so it could have exposure from Biscayne Blvd. which would now be raised some 34 feet above
the current grade. This Would make the sign illegal, . Assuming the Oty's position would be legally defensible Parker considers
that the sigp will have to removed from the property.
AdditionaUy, the remainder tract would only have 6,606 square feet which would be below the minimum buildable lot size of
7,500 square feel Without a variance or,the a<AjUisition of the '10 foot alley, the remainder is nol considered a legally buildable
. parcel. . Parker's sub consultant, Ana. Cottrell, Land Planner,provided two possible development scenarios for the remainder.
. But these scenarios were based upon 'assumed ownership of 10 foot 'dividingalley/ "Parker considers the'land planner's
assumpliollS to be very oliberal', but then reasons that even if the site could be developed with either building, ooe being 1,285
square feet and the other 2,250 square feet, his analysis reveals that the constrUction of either of these buildings would not be
economically feasible. This conclusion was reached in light of the fact that there will be a 34 foot high retaining wall along
the property's western border and access (right in right out) would have to be across a FOOT nwned strip of land (30 feet
wide). Considering all these facto(S, the developabiHty of the site is thought to be severely damaged. As such, Parker
considers the highest and best use of the site to be for assemblage (sale to an adjacent owner).
,~.,
Valuation or remninder:
Considering that the site is severely damaged, Parker derennines that there is no economically viable use for the remainder
land. 1berefore, be utilizes three paired transactions involving usable commercial sites and sites within the same area that were
damaged by FDOT's road projects. After analysis of these sales. a loss in value attributed to loss of access, exposure and
highest and best use was reached, This loss in value ranged from 52% to 77%, However, all the Sllles were still of legally
buildable size. The subject remainder shares many similar aspeClS to these remnant sales some aspects being worse and some
beller. However. Parker concludes that with consideration of the loss of access, exposure and signifiCant loss of utility because
of the small size of the subject remainder, i, suffers a greater loss than the three paired sales he analyzed. He concludes the
value loss at 80%.
Therefore, utilizing the land value estimale in the before of $29.39 or $240,000, and adjusting il down 80% indicates a land
unit value of $5.88 per square fool or $38,900(R).
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, C'
TO: City Commission
DATE: February 25, 199
SUBJECT: ehicle Handbill Regulations
First Reading March 2, 1999 City Commission Meeting Agenda Item '1. /i
Second Reading April 6, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached ordinance that
establishes vehicle handbill regulations.
BACKGROUND
As requested by the City Commission, attached please find an ordinance which
regulates the placement of vehicle handbills as follows:
1. Prohibits the placement of handbills on any vehicle while parked upon any street
or highway.
2. Prohibits the placement of handbills on any vehicle parked in an off-street
parking area, provided that signs are posted or notice issued that such activity is
prohibited.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0726-99
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING VEHICLE HANDBILL ORDINANCE
PROHIBITING THE DEPOSIT OR PLACEMENT OF
COMMERCIAL ADVERTISING MATERIAL UPON
VEHICLES PARKED ON STREETS OR PARKED UPON
CERTAIN OFF-STREET PARKING AREAS; PROVIDING
FOR PURPOSE AND LEGISLATIVE FINDINGS;
PROVIDING DEFINITIONS; PROVIDING APPLICABILITY;
PROVIDING PROHIBITION OF VEHICLE HANDBILLS;
PROVIDING SIGNAGE REQUIREMENTS; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Ordinance Adopted. There is hereby adopted the City of Aventura
Vehicle Handbill Ordinance, hereinafter referred to as the "Ordinance," to read as
follows:
Section 1.01. Purpose and Legislative Findings.
(a) The City Commission finds that the placement of Handbills upon
Vehicles situated upon Public Streets or Highways and upon Vehicles
situated upon Off-Street Parking Areas provided for the use of patrons,
employees or visitors of private commercial establishments, including
business or shopping centers, constitutes a nuisance and annoyance to
the owners and operators of such Vehicles, to the owners and occupants
of such private premises and to the public, for the reasons described
herein.
(b) The City Commission finds that the placement of Handbills upon
Vehicles, without the consent of the owner, lessee or operator of such
Vehicle, upon or in the vicinity of the windshield of such Vehicle, creates a
potential traffic safety hazard, for the reason that Vehicle opera~ors may
not notice such Handbill until after entering such Vehicle and resuming
operation thereof, and that therefore, such Handbill may remain upon and
obstruct the view of Vehicle operators or may cause operators to abruptly
dangerously exit their Vehicle to remove such obstruction.
Ordinance No. 99-_
Page 2
(c) The City Commission finds that Handbill materials placed upon or
in the vicinity of Vehicle windshields impair the functioning of windshield
wipers by the formation of residue or debris from paper or other like
material of Handbills which interferes with safe and efficient operation of
such windshield wipers.
(d) The City Commission finds that the placement of Handbills upon an
unoccupied Vehicle without the consent of the owner, lessee or operator
thereof, creates an unnecessary risk that litter will be created by the
disposal of unwanted and unrequested Handbills.
(e) The City Commission finds that: (i) this ordinance seeks to
implement a substantial governmental interest, including the City's interest
ill traffic safety and aesthetics, as described above, (ii) directly advances
that substantial governmental interest of the City, and (iii) reaches no
further than necessary to accomplish the City's governmental objective as
stated herein.
Section 2.01. Definitions.
The following words, terms and phrases, when used in this section shall
have the meaning ascribed to them herein, except where the context
clearly indicates a different meaning:
(a) The term "Street or Highway," as used herein means the entire
width between the boundary lines of every way or place of
whatever nature when any part thereof is open to the use of the
public for purposes of vehicular traffic, and also includes private
roads which are subject to a traffic control jurisdiction agreement
pursuant to Section 316.006(2)(b), Fla. Stat.
(b) "Off-Street Parking Area" a~ used herein means the entire width
between the boundary lines of any privately owned way or place
used for vehicular travel by the owner and those having express or
implied permission from the owner, but not by other persons and
includes parking lots provided by commercial establishments,
institutions or governmental units for the use of employees, visitors
and/or patrons.
(c) The term "Park or Parked," as used herein in reference to a
Vehicle, means the standing of a Vehicle, when not occupied by
any person.
2
Ordinance No 99-
Page 3
(d) The term "Vehicle," as used herein means every device, in, upon,
or by which any person or property is or may be transported or
drawn upon a Street or Highway
(e) The term "Handbill," as used herein includes any leaflet, circular,
flyer, placard or other device or item containing Commercial
Advertising Material.
(f) The term "Commercial Advertising Material," as used herein means
and includes material distributed for the purpose of advertising any
business, or any goods, or any services, or for the purpose of
attracting the attention of the public or the occupant of a Vehicle to
or advertising for, or soliciting patronage of customers to or for any
performance, show, entertainment, exhibition, sale, service, or
event, or for the purpose of demonstrating any equipment or for the
purpose of conducting a business.
(g) The term "Non-Commercial Purpose," as used herein shall mean
the distribution of material for a purpose which is exclusively other
than for the purpose of distributing Commercial Advertising
Material. Accordingly, Non-Commercial purpose shall mean and
include a political or religious purpose.
Section 2.02. Applicability.
The prohibitions of this ordinance shall not be applicable to Handbills
distributed in accordance with law for solely a Non-Commercial Purpose.
Section 2.03. Prohibition of Vehicle Handbills.
(a) No person shall deposit or place or cause the deposit or placement
of any Handbill upon any unoccupied Vehicle while such Vehicle is Parked
upon any Street or Highway.
(b) No person shall deposit or place or cause the deposit or placement
of any Handbill upon any unoccupied Vehicle while such Vehicle is Parked
upon any Off-Street Parking Area, as described in Section 2.01 (b) above,
provided that signs are posted in accordance with Section 2.04 below.
(c) No person shall deposit or place or cause the deposit or placement
of any Handbill upon any unoccupied Vehicle Parked upon any Off-Street
Parking Area after having received notice that such activity is prohibited
pursuant to Section 2.04(a)(2) below.
3
Ordinance No. 99-_
Page 4
(d) This section shall not be applicable to Handbills which are
otherwise lawfully placed upon a Vehicle by the owner, lessee or operator
of such Vehicle or to official citations or notices placed pursuant to
governmental authority.
Section 2.04. Signage Requirements Applicable To Off-Street
Parking Areas.
As a condition precedent to the enforcement of the prohibition set forth in
Section 2.03(b) above, it shall be required that the owner or lessee of an
Off-Street Parking Area provide signage complying with the following
requirements:
(a) Notice shall be posted on the property at which Vehicle Handbills
are prohibited, and shall fulfill the following requirements:
(1) Notice, in the form of a sign structure, shall be prominently
placed at each driveway access or curb cut allowing Vehicle
access to the property, within five feet from the public right of
way line. If there are no curbs or access barriers, signs shall
be posted not less than one sign for each 25 feet of lot
frontage. One sign shall also be posted at a primary
pedestrian access point for the property, if such point is
separated from the area of the driveway or curb cut. The
sign structures shall be permanently installed with the
bottom of the sign not less than four feet above ground level
and the top of the sign not more than 10 feet above ground
level, and shall be continuously maintained on the property
for not fewer than 24 hours before the Vehicle Handbill
prohibition may be enforced. The notice shall clearly
display: not less than two inches high, light-reflective letters
on a contrasting background, that: "Placement of Handbills
upon Vehicles is Prohibited by City Ordinance".
(2) The posting of notice requirements of this section shall not
be required where notice is personally given (verbally or in
writing) by an agent of the person in control of the premises,
in the presence of a law enforcement officer, to the person
attempting or intending to place Handbills upon Vehicles,
that the placement of Handbills upon a Vehicle is prohibited
by City Ordinance.
4
Ordinance No. 99-_
Page 5
Section 2. Penaltv. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in
the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation. This Ordinance
shall be subject to enforcement under the Local Government Code Enforcement Act,
Chapter 162, F.S., as amended, and City Code Section 2-331, et.seq., as amended.
Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in
a court of competent jurisdiction.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intention; and that the 'M:lrd "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
5
Ordinance No. 99-_
Page 6
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on first readin9.
The motion was seconded by
Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 2nd day of March, 1999.
PASSED AND ADOPTED on second reading this 6th day of April, 1999.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: February 18, 199
SUBJECT: Resolution Approving The Change of Control Transfer of Cable
Television Franchise From TCI to AT&T
March 2,1999 City Commission Meeting Agenda Item Ie, -;1
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving
the Change of Control of the Cable Television Franchise from TCI to AT&T.
BACKGROUND
The City's Cable Franchise Ordinance requires City Commission approval of the
proposed change of control of TCI to AT&T. The Ordinance and Cable Television
Franchise also provides that certain specific information on the proposed transaction,
including details on legal, financial, technical and other qualifications, be submitted and
reviewed by the City. In addition, the applicant was required to provide written
acceptance of the terms and conditions of the Franchise Agreement as evidenced by
Exhibit "A" attached hereto.
Based on a careful review of the information provided to the City, the City's cable
television legal firm, Leibowitz & Associates, P.A., and I recommend approval of the
transfer.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0719-99
e.
.,.
. I
LEIBOWITZ & ASSOCIATES, P.A,
SUITE: 1450
ALLISON ,,_ HI~T
MA'r~HE:W L_ Ll!.IElOWI'l':t
MIAMI, FLOi=lI~A 3.3131-1715
TELEPHO"'~ (306) 630-1322
H.LECQPI.ER (,305) =-30.9417
.E:-J-lAIL Broadl",w@aol.com
SRAU1-IO '-_ BAEZ
-.JOSEP>< 4-. BE:LlSLE
SUNTRUST INTERNATIONAL CENTER
ONE: :SOUTHEA~; n"HRlI AVi;;N\J~
1LA. L ""El-.O
February 2, 1999
Via Filcsimile - (305) 466-8919
Eric \1. Soroka
City Manager
City of A ventura
2999 NE 191" Stree~ Suite 500
A ventura, FL 33 180
R,,: City of Aventura, Florida
TCI Cable Television Franchise
Cblln!!e ofContwl to AT&T
Dear Eric:
The City of Avcntura is now in receipt of an executed Cable Television Franchise Agreement
from TCL It is the intent of the City to grant the Franchise pursuant to an Ordinance, the first
reading of which is scheduled for tonight, February 2, 1999 and the second reading for Fee""'lll')' 1 ~,
1999. ~-- .L.
On February 1, 1999, TCl and AT&T submitted to the City j'request for change of control
ofTel to AT&T. Assuming that the City grants the Franchise on FM~11, 1999, at this time the
Law Finn would recommend that the City schedule consideration of the change of control for the
same meeting. Accordingly, attached hereto please find a recommended resolution and an aftjdavit
executed by David Krone, Executive Vice President, Government Relations for Tel. Prior to the
February 16, 1999 meeting, Mr, Krone will obtain the requisite AT&T signaltLre.
Futthell11ore, please be ~dvised that Tel and MediaOne have entered into an agreement
whereby Tel South Florida cable systems wil! be transferred to MediaOne. Upon receipt of an
application to the City with respect to such transfer, we ",ill advise you of all relevant issues and
prepare the necessary documents.
Please do not hesitate to contact me should you have any questions "ith respect to tilis
maner.
cc:
Da,id Wolpin, Esq,
Sincerely,
f?:~ )
I ! ) '
! A- yc.t~
]a . Feld, Esq,
c ',::5\1 ",'l\A.v""";'~'-:"~:l~n\Sofeh R.IC: T"'Mi., R~,:):...':cr. ~t.': Ai'.;J::I.~".C~lr.!.""J
s:
Sherman & Howard LLC.
ATTOItNFr"S &a>ul\'SEI.OR.~ IUU~
613 SE\T\TED,TR:mEEI: m3O((J
Di.'iVER, c.cLOR...-\OO 8(120'2
TF.l.E1'HO~L ~ 'Ni.2900
FA-'\( 30319R.a940
omCESr.': COLOR.AOOSPlU."IjC.~
lL'iO'L'_<;QC.1AS
January 29, 1999
R~.'\ E.', "'0
,r;;o '~,~~In
i,l: . ~~ . :';~<~ lU
~...... i
LEIBOWITZ & ASSOC
l...cslj(; A. Nichols
Direct DbI ~umber: (303) 299-g104
.E-Mail: L.\...ichoJs:@s3h.com
lla F eld, Esq.
Leibowitz & Associates, P.A.
Suite 1450
Suntrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1715
VIA FEDER "'-L EX'1'RESS
Re: AT&T/TCI Merger - Application for Consent
Dear Ms. Feld:
On behalf ofTer TKR of South Florida, Inc. ("Franchisee"), We hereby apply for the
consent of the City of Aventura, Florida to the change of control of Franchisee froll] Tele-
Communications, Inc. to AT&T Corp. pursuant to the cable television fnmch..ise between tbe City
and Franchisee. Enclosed for your review is certain iniorrnation concerning the change of control
and AT&T. This application is made pursuant to the franchise and is not made pursuant to FCC
Form 394.
If you have any questions conceming the foregoing, please feel frcc to give mc a call.
~vet)..t yyonrs,
'r A L
: (] VI UVr<------
Leslic A. )\;chols
LA.. "/cm!
Enclosure
cc: Mr. Mike Woods
RESOLUTION NO. 99-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING THE CHANGE OF
CONTROL OF THE TCI TKR OF SOUTH FLORIDA, INC
CABLE TELEVISION FRANCHISE FROM TCI TO AT&T
CORP.; AND PROVIDING FOR AN EFF~CTIVE DATE.
WHEREAS, on February 1, 1999, the City of Aventura, Florida received
notification of the proposed change of control of the TCI TKR of South Florida, Inc
("TCI-SF") cable television franchise from TCI to AT&T Corp.; and
WHEREAS, pursuant to Ordinance No 97-20, as amended by Ordinance No. 98-
11, of the City of Aventura (the "Ordinance"), and the TCI-SF Franchise Agreement
granted pursuant to Ordinance No. _ (the "Franchise"), no such change of control
may occur without prior approval of the City Commission; and
WHEREAS, pursuant to Section 6(0), Section 9 and Section 23 of the Cable
Television Ordinance and Section 29 of the TCI-SF Cable Television Franchise, any
change of control of the Franchisee or transfer of the franchise is prohibited without
prior authorization of the City; and
WHEREAS, the City shall act upon TCI's application on the condition that the City
Commission has passed and adopted the Ordinance granting to TCI a Franchise and
pursuant to TCI's express consent that the City waives no rights under federal, state
and local law and the Ordinance and the Franchise by scheduling consideration of the
change of control; and
WHEREAS, the City has required written acceptance from TCI-SF and AT&T
Corp. of the terms and conditions of this Resolution by affidavit as a condition precedent
to the adoption of this Resolution (affidavit attached hereto as Exhibit A);
Resolution No. 99-_
Page 2
WHEREAS, in the event the proposed transaction between TCI and AT&T Corp.
is not consummated or does not reach final closure for any reason, or in the event such
closure is reached on terms substantially or materially different to the terms described in
the application and exhibits thereto, submitted to the City on February 1, 1999, this
Resolution, together with the affidavits of acceptance submitted by the proposed
transferor and transferee, shall be null and void.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF AV'.::NTURA, THAT:
1. To the extent required, the City of Aventura hereby consents to the change of
control of the TCI-SF Cable Television Franchise from TCI to AT&T Corp.
2. That the consent granted herein does not constitute and should not be
construed to constitute a waiver or release of any obligations of TCI under cable
Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the cable television
franchise.
3. That the consent granted herein does not and should not be construed to
constitute a waiver of any right of the City under applicable law including, but not limited
to Cable Television Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the
Cable Television Franchise; and further, this consent shall not prejudice the City's rights
with respect to the enforcement, renewal or transfer of the current cable television
franchise and any amendments thereto.
4. That the consent herein granted is conditioned upon (a) TCI-SF's assurances set
forth in its affidavit submitted to the City on January 28, 1999 and attached hereto as
Exhibit A; (b) TCI-SF's submission to the City of cost recovery all costs incurred by the
Resolution No. 99-_
Page 3
City related to this transfer proceeding pursuant to Sections 9(1) and 10(F) of Cable
Television Ordinance 97-20 and all payments due under Section 168 of the Franchise.
5. That the consent herein granted is limited to the right to provide cable
services, and to the extent not otherwise prohibited by applicable law, TCI-SF shall be
required to obtain any lawful permission from the City, prior to its providing any other
services within the City.
6. That this Resolution shall have the force and effect of continuing the
agreemont between TCI-SF and the City of Aventura, Florida, the Franchise Authority.
7. That the City hereby reserves all of its rights pursuant to federal, state and
local law including, but not limited to the rights in (a) the franchise renewal process
including, but not limited to, the right to consider violations of the franchise by TCI-SF;
(b) the franchise transfer process including, but not limited to, the right to act upon any
application to sell, assign or otherwise transfer controlling ownership of the cable
system; and (c) the enforcement of the current Cable Television Ordinance No. 97-20
as amended by Ordinance No 98-11 and the current Cable Television Franchise as
amended.
8. That the consent herein gran:3d is an express non-waiver and express
reservation of the City's rights and authority with respect to enforcement of TCI-SF's
compliance with applicable law including, but not limited to Cable Television Ordinance
No. 97-20 and 98-11 as amended and the current cable television franchise as
amended. TCI-SF, and to the extent required by the franchise or allowed pursuant to
applicable law its parent, affiliates and subsidiaries, shall be liable for any and all
violations of said law and agreement notwithstanding whether any such violation arose
Resolution No. 99-
Page 4
prior to the effective date hereof. The City's approval of the transaction shall in no way
be deemed a representation by the City that TCI-SF is in compliance with its obligation
under Cable Television Ordinance 97-20 as amended by Ordinance No. 98-11 or the
Franchise Agreement.
9. That the consent granted herein is subject to TCI-SF's compliance with all
other applicable legal requirements and the City does not waive and expressly reserves
the right to enforce full compliance with applicable Ordinance and Franchise
requirements, whether or not any noncompliance that may be determined arose before
or after the change of control of the TCI-SF franchise from TCI to AT&T Corp.
10. That this Resolution shall become effective upon the date of its adoption
herein.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
, who moved its
, and upon being put to a
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur L Snyder
PASSED AND ADOPTED this 2nd day of March, 1999.
ATTEST:
ARTHURL SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
IW, J j u 84 Ii
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EXHIBIT A
,
UNCONDITIONAL ACCEPTANCE
OF TERMS OF RESOLUTION NO. 99-
BEFORE ME, appeared thc lll1dersigned authority who having been duly sworn upon his oath
deposes and states that:
1. Thc affiant is the Exccutive Vice President, Government Relations of TCI
Communications, lnc., and is the person authorized to execute this document on behalf of the
TCITKR of South Florida, !.nc.
2. The affiant is submitting tillS affidavit as a condition precedent to the change of
control of the TClTKR of South Florida, !.nc. ("Tel-SF") cable television franchise from TCI to
AT&T
3. Affiant attests tllat TCI-SF is a current franchisee in the City of Aventura, Florida and
that the Franchisee shall comply with tlle terms of this acceptance.
4. Franchisee and/or its successors in interest shall reimburse thc City for all costs
incurred by the City related to tlle transfer process pursuant to Sections 9(1) and 10 (F) of Cable
"
Television Ordinance 97-20 as amended by Ordinance No 98-11. Receipt of payment by the City
oftltis obligation shall be acknowledged upon receipt of payments in the amount of Forty Thousand
Dollars ($40,000.00) pursuant to Section 16(B) of the Franchise.
5. At the request of the City, Franchisee shall demonstIate compliance with the technical
obligation.. set forth in the Ordinance and Franchise or in the alternative, shall provide the City with
an acceptable Plan of Compliance.
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6. Franchisee shall cooperate in any franchise fee compliance inquiry in connection with
, .
any possible franchise fee arrearages that may have arisen o~ that may arise through the exclusion
of certain revenue streams.
7. In the event Franchisee offers cable Internet serviccs over its cable system in the City
of A ventura, it shall, taking into aCCOWlt technical feasibility, provide access to its cable modem
platform to providers ofIntemet access and online services on comparable terms and conditions to
those terms and conditions On which access is provided by Franchisee in any other community.
Franchisee shall comply with all lawful requirements with respect to access to Franchisi:~;s cable
modem platform for providers of Internet access and online services.
8. Franchisee shall comply with all other applicable legal requirements, including
carriage of broadcast digital and high definition television signals, and interconnection of the cable
system with potential competitors for purposes, among other things, of sharing cable PEG channels
as required by the Franchise Agreement or applicable law.
9. To the extent not prohibited by applicable law, the Franchisee agrees that cable
Internet.services, including, but not limited to, @ Home, Roadrunner and Media Express or similar
services, provided by the Franchisee, its parent, affiliates Or subsidiaries, over the cable system shall
be deemed "cable services" as provided under Title VI of the Communications Act of 1934, as
amended. Revenues received by Franchisee, and to the extent consistent with the Franchise
Agreement and not specifically prohibited by applicable law, its parent, affiliates, or subsidiaries,
from such services provided over the Franchisee's cable system, including, but not limited to, cable
modem equipment, advertising and sales revenues, shall be included within the definitio!! of gross
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revellues for the purpose of the franchise fee calculation to the maximum extent required.oY..the
Franchise Agreement and consistent with applicable law. It is the intent of the parties that this
paragraph applies no more broadly than the existing cable television franchise with respect to other
cable services.
10. Franchisee acknowledges that the Legislative History of the 1992 Cable Act
contemplates that the City way address any deficiencies in service, including non-compliance, at the
time of allY trnnsfer or change of control of the franchise The Franchisee agrees to ensure that it
assumes responsibility for any and aU non-compliance under the eurrent fr.nJ:hise that may now exist
or may later be discovered to have existed during the term of the franchise eyen if prior to the closing
of the transfer of control.
II. Franchisee unconditionaUy accepts aU terms and conditions of Resolution No. 99-_.
12. This Exhibit A may be signed in counterparts.
FURTIIER AFFIANT SA YETH NAUGHT.
A, INC.
~
AT&T. CORP. hereby aor.epts the terms and
conditions of this affidavit and Resolution No.
and agrees to do ~erytbing necessary to
ensure compliance therewith
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CITY OF AVENTURA
CITY COMMISSION SUB-COMMITTEE MEETING
MARCH 18, 19992 P.M.
Aventura Government Center
2999 NE 191" street Suite 500
Aventura, Florida 33180
The meeting of the City Commission sub-Committee appointed to discuss the
Y2K issue and its effect on the City was called to order at 2:10 p.m. Those
present were Committee Members Vice Mayor Harry Holzberg, Commissioner
Arthur Berger and Commissioner Patricia Rogers-Libert. Others present
included Mayor Arthur I. Snyder, City Manager Eric M. Soroka, Finance Support
Services Director Harry Kilgore and Assistant to the City Manager Jules Bevis.
Commissioner Berger opened the meeting by stating his concerns regarding the
Y2K issue and its potential effect on the City of Aventura. In addition,
Commissioner Rogers-Libert and Vice Mayor Holzberg outlined their concerns
and discussed informational sources. The City Manager and staff provided an
overview of actions taken to date and advised the Committee that a summary
report would be issued to the Commission in June. After much discussion, the
Committee took the following action:
1. Requested the City Manager to schedule a Town Meeting, inviting
Condominium Presidents and Property Managers to participate in a panel
discussion regarding this issue. The meeting, to be scheduled in May, is
to be organized by the City Manager's office and noticed in the next City
newsletter.
2. City Manager to distribute to Commission by June a detailed report
outlining compliance issues and action taken responding to both internal
operations and external operations affecting the community.
Mayor Snyder requested that this matter be handled in a professional manner so
as to appropriately inform the community without any unnecessary alarm.
The meeting adjourned at 3 p.m.
Teresa M. Smith, CMC, City Clerk
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: March 10, 1999
SUBJECT: Comprehensive Plan Chdllenge
Attached please find a copy of a challenge to the adoption of the City's Comprehensive
Plan by the law firm representing Marion Mutchnik.
The City Attorney's office is reviewing the case for appropriate action.
EMSlaca
Attachment
cc: Richard J. Weiss, Esq., City Attorney (wi attachment)
David Wolpin, Esq., City Attorney (wi attachment)
Brenda Kelley, Director Community Development (wi attachment)
Harry Kilgore, Director Finance Support Services (wi attachment)
CC0729.99
STXII 01 FIORIIJ.\
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Pctiliuncr.
I'lan :\()I-I~=()( I)
vs.
CITY or A VENTURA and DEPARTMENT
OF COMMUNITY AFFAIRS,
Respondents.
PETITION FOR SECTION 163.3184 I'ROCEEDll\GS
PETTIIO\lER. MARION \lUTCHNIK. TRUSTEE. through counsel. and pursuant to
Sections 120.57( I) cmd 163.3184. Florida Statutes. requests a formal administrative hearing before
the Divisionnf .'\dministrative Hearings and challenges the (,it, of A,elHlIra's determination of
compliance and the Department of Community Affairs ("Department") determination that the
Comprehensive Plan submitted by the City of A ventura is in compliance \\ith the Local Government
Comprehensive Planning and Land Development Regulation Act. Section 163.3161, Florida
Statutes. et seq ("Ac1") and states:
PRELIMIi\^RY STATEMFi'iT
I. On December IS, 1998 the Citv orA ventura ("City") Cldopteci its Comprehensive Plan
by Ordimnee \10. 98-27. TIllS petition chal[enges the appruval and the "I !rhan Design Element" of
the Comprehensive Plan of the Citv of A 'entura ("Citv'} The ['rban Designl [ement is inconsistent
and not in compliance with the Act. hmherlllore. the Comprehensive Plan \\as not transmitted h\
the Cit\' within the time required n\ L1\\. rhe appco,al oCthe Comprehens!\e ]'[an is challenged
here'
..\(; I. "L'Lill.lIUill
The a~CllCI alkclCd is the Department of l ll1lmUllltl ..\thirs (",\~ellCI"1. Ihe A~ellcl' IS
located at 2555 Sherwood Oak Boulevard. Tallahassee'. Florida ~n")~-21 (JIJ Ihe Agencv Docket
number is Plan NOI 1329(1). The Citv is also a respondent. The em Hall is located at 2999 !\:./:
191" Street. Suite 500, Aventura, Florida 33;80.
PETlTIONU~
The Petitioner is Marion Mutehnik. '1 .-ustee, ()\merofreal propertv located at21 3'" Street and
Biscayne Boulevard in the City' OfA\'entura. Petitiuner is fee simple 0\\'11('1" ufth~ subject property.
NOTIFICATION OF AGENCY DECISION
The Comprehensive Plan at issue was adopted bv Citv Ordinance No. n-27. Petitioner has
orally objected to the City about the Comprehensive Plan and Urban Design Element Ivithin the
required time. Petitioner further submitted an application for development of Its propertv and so light
a waiver of the moratorium imposed by the City during the pendency of the adoption of the plan.
The application was rejected and the waiver was denied because the proposed plans were deemed
inconsistent with the Urban Design Element. Petitioner received Notice of the Department of
Community Affairs action through a publication by the Department with a Notice of Intent finding
the Comprehensive Plan in compliance on or about J'ebruary 18, 1999.
DISPUTED ISSUES OF MATERIAL FACT
Disputed issues of material fact arc identitled throughout the Petition Petitioner is present"
unsure of which factual allegations of this petitiun wlil be disputed by Respondents. These disputes
will become clear should the Respondents tite an an'wer to the petition or slH'lIld dlseovcrl rCleal
tlh?SL' c:isputcs.
o
STAl.TMlc'\ L()I~'L I I~II~L\(TS
Ihe elpplil\ ,d ,1Ilhe ('nmprehelhi\ e Plan "", i I11propcr due 10 Ihe ('11'" lilil'.!re 10 Iran,mil
the ('illl1prl'hcn,l\e Plan IIlt/lin ten (I II I lIorking del\' atin ad'lption contran to the requirements
of Section 16.1.1184(7) Florida Statutes,
The challenged elements of the adopted Comprehensive Plan for the City relate to the Urban
Design Element of the Comprehensive Plan and its relation to the Future Land Use Map ("FLUM"),
The Urban Design Element includes an area called the "Ilospital Area", Attached hereto as
Exhibit \'A" is a copy of the Hospital District Studv, Petitioner', propertv is located on 21.1'" Street
and Biseavne Boulevard which. in the Hospital District Stud,', t"lls into areas entitled Fntry 70ne
and \'Hotel Sitc", A number of other affected properties lie within thc area designated Fntry 70ne
and Hotel. The Entrv Zone is presumabi'. a publicIv owned or publici'. required entrv area for the
Hospital District. To create both the J::ntf\ Zone and the Hotel Site requires aggregation ofnull1erous
properties of which there are multiple owners,
Requirement oflot aggregation and the limited use imposed on properties located within the
areas identified as "Entry Zone" and "Hotel Site". eliminates all reasonable use of properties located
therein and amounts to a taking without eompensati,'n oCal1 propert\' kc<ltcd therein contrary to both
State and Fedt -al Law,
Furthermore. the adopted Urban Design Element inordinateh burdens. restricts. or limits the
private propert\' rights of pro pert\' O\lners within the entr\' 70ne and hotel site in ,'iolation orSection
70,001 et seq Florida Statutes 1997. ..the Bert.l. Harris,.Ir. i ,'ivate Propert\' Rights Protection Act",
Additionalh, the stated pUl-p,,,e ,)!" the l'rhan Ik,igll I:leml'nl i, III promote the
rede\'e1opment orthe I lospi tal District. f lo\\C\eL unk" the em ,11 ,\ lent u ra acq ui re, thl' propertie,s
in the II11spiwl District pursuant to a properly adopted rede\'elopment plan. the Urhan Desi!2i1
I kI11L'!1t \\ill actually prnll1ott:. nut eliminate. bJightl...'d conditions ...,incc It \\-11] be virtually impossible
for eXisting property ()\vners to upgrade. llSC~. or even sell the property. /\bscnl acquisition by' the
Citv of i\ ventura of these properties, the area will stagnate and deteriorate. There have been many
redevelopment plans throughout the State of Florida whieh relied on private aggregation of parcels
to promote new development. In almost every instance these plans have failed.
Furthermore, the Urban Design Element, with respect to the Hospital District, is inconsistent
with lh,' Future Land Use clement. On the FLUM. the Hospital District is designated as "Business
and Office". A copy of the FLUM is attached as Exhibit "B". Page 6 of the plan. undcr existing
land use data. states that "The US-I corridor through the City and A ventura Boulevard is lined with
an array of smaller scale shopping destinations". On Page 11 of the Lane Use Analysis it is stated
that the permitted uses within "business and office ..accommodates the full range of sales and service
activities." Copies are attached hereto as Exhibit "C". Therefore. the Urban Design Element is
inconsistent with the existing "As Built" environment and also inconsistent with the Future Land Use
Element.
Based on the foregoing facts and as further set forth below, the Comprehensive Plan violates
the Act. s follows:
A. The plan tails to consist of materials in such descriptive form as are appropriate 10
the prescription of principals. guidelines and standards for the o~derl\' and balanced future economic.
social, physical, environmental and Ilscal development of the area contrary to the requirements of
Section 163.3] 71 I). Florida Statules.
B. The Urban Design Element and Future Land Use Element arc inCOnSlqenl and Ihe
-4-
Cllll1pr~-,h('nsi\-\..' Plan is economical I: llll!C;lSibk'. ('lHllrar: tn the rC'-luiremcnts or Sectioll
i (,; In! ~ I. Illllida SUtutes.
( rhe Capital [mprovcment Element of the ['[an l3i[s to properl\' consider the costs.
timing of construction. and projected revenue sources to fund the "Entry Zone" feature. contrary to
the requirements ofSeetion 163.3177(3)(a) Florida Statutes.
D. The land uses identified on the Urban Design Element arc inconsistent with
app[icable State law and rules including. bllt not limited to. Section 70.lJ] et seq Florida Statutes.
contrary to the rcquircIllents of Section 163._)] 77(6) Florida Statutes
E. The Area Redevelopment Element which is delineated in the [Iospital Area Studv is
inconsistent with State law as set forth abm'e and is wholly impractical
F. The elements of the plan arc not related to or are inconsistent "ith each other as set
forth above.
DEMAND FOR RELIEF
Petitioner requests that the Comprehensive Plan be found not in compliance for the reasons
set forth above and as will bc more fully set fortI, in the hearing on this matter Further requests that
the administrative law judge recommend that a final order be entere:} 'c) that ellect.
,
(TRill IClIT DF SFR\'!CT
I I j U~Ul Y CUnlFY that '1 [rue and correC: ce)[1\ 0[' the I(lregoing II as sent b\ I :l1lted State
ly1<ul this Slh day of March. 1999 to the Office 011 Jenera! ('ouns,,!. Department 01 Community
AtTairs, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100 and to Jeffrev ShelfeL
Esquire, A ventura City Attorney at Weiss Serota Heltll1an Pastoriza & (Juedes, P.A.. 1132 SE
Second Avenue, F1. Lauderdale, Florida 33316.
Respectfull\ Submitted,
Keith Mack L LP
~oo S. l3iscavne Boulevard
20th Floor
Miami, Florida 33131-2310
Phone (305) 358-7605
11/
By:
Neisen O. Kasdin, Esquire
Florida Bar No. 302783
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SCALE li~ FEET
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to single family homes and upscale renlel dlI11n1l1nilics, with designs reflveling "
'>dilr'lLl!l",ln '''iluelle'', J\ccenltrends III the ','Sid"nli,,] development pattern include
townhornes.
.' shift 10 unil lypes Ihilt altTact il younger popllLllion, such as single-family homes and
ill March of 1994, the Miami-Dade County Planning Department and the Office of
Management and Budget prepared the Aventura/Biscayne lncorporation Feasibility
Study. According to the study, approximately lwenty percent of housing in the area
were seasonally-occupied, second homes. In additiun, it was estimated that twenty_
three percent (23%) of the total housin[ were rental units. As evidenced in Table 1-1,
the distribution of land uses are predOminately residential.
Conunercial development within the City is dominated by the currently expanding
A ventura Mall. This regional shopping mall will include approximately 2.3 million
square feet of retail floor area. Other significant Commercial developments include
Loelunann's Fashion Island, the Promenede Shops, and the currently under
,
construction A ventura COnunons shOpping cente r and Champion Retail Center. . The US
1 corridor tl1fough tlle City and Aventura Boulevard are also lined with an array of
smaller scale shopping destinations)
The City's industria11and uses are generally found in the south central area east of US
1/ Biscayne Blvd. Consisting primarily of boat manufacturing, construction, storage,
and warehousing facilities, tills relatively small are of the City has been subject to
many different considerations for redeveloprHent
Due to the size of ti,e City, there are relatively fe'\\" conununily facilities. TI,e Aventura
Hospital site is in Ihe northwest area of the City end lS privately owned and operated.
Elsewhere, facilities such as tlle Turnberr)' COl111 In' Club and small religious school
facilities also are privately Owned. Presently, the Cily is emharking upon the
construcLion of a City Goverrunent Center and the Cilv's first park. TIley ,vill also IN
considering other civic facilities in the [l1tur~.
Clly o[ A1.'Cntl1ra.-c--OUlrn>kFt5h~ilM--fDRAF+}
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Business and Office
This category "C'~"!J1nwdi1tC's the full r;ll1f,C'" ~,i,'s ilnd service ;l<'tivIl;es Included arc
rctait wholesak personal and professiOtvi services, commercial i1lld professional
offices, hotels, motels, hospitals, medical buiIdmgs, nursing homes, entertainment and
cultural facilities, amusements and commercial recreation establishments, but not
including private commercial marinas. Private COmmercial marinas may only be
permitted via the conditional use process contained in the city's land development
regulations. IBusiness and Office uses may occur in self-contained centers, high-rise
structures, campus parks, town center or [stril's along highwaysl In reviewing zoning
"
requests or site plans, the specific intensi y and range of uses, dimensions, configuration
and design considered to be appropriate will depend on locational factors, particularly
compatibility Witil both adjucent and adjoining uses, and availability of highway
capacity, ease of access and availability of other public services and facilities. Uses
should be limited when necessary to protect both adjacent and adjoining residential use
from impacts such as noise or traffic.
Following conditional use approval, ancillary res:dential uses, and mixing of residential
use with commercial uses are also permitted, in business and office areas proVided that
the scale and intensity, including height and floor area ratio of the residential Or mixed
use development, is not out of character with that of adjacent or adjoining development
and zoning, and it does not detrimentally impact, Or provides a sensitive well designed
transition to any adjacent or adjoining residentially developed nr designated areas of
different development intensity.
Town Center
A diversified Town Center is encouraged to become a hub for future urban
development in Aventura, around which a mare compact and efficient u,ban structure
will evolve. The TOwn Center is intended to be moC:erate- to high-in"onsi~y design-
unified areas which will contain a '-oncentration of different urban funftL,,,:; I1lte(Triltee!
v
both horizontally dnd vcrt;cally. Tl'c Town CO'lter shall be chilfactcr;b'el bv physical
cohesiveness, direct acc<'sslbllity by mass transit service, and high quali,v ':cban ticsi?,n
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AMERICAN DIABETES ASSOCIATION
CELEBRATES SECOND ANNIVERSARY OF
TH CITY OF SUNNY ISLES BEACH, FLORIDA
March, 1999
Dear
I am writing to request your support of a superb major celebratory Gala Dinner, hosted by the
American Diabetes Association.
On June 12, 1999, the City of Sunny Isles Beach will celebrate its second anniversary to be held
at the Ramada Plaza - Marco Polo Hotel, located at 19201, Collins Avenue, Sunny Isles Beach,
Florida. Festivities start at 6:00p.m.
To assure success of this event and provide support to the American Diabetes Association, we are
requesting your sponsorship purchase of an ad in the City of Sunny Isles Beach - seco.nd /'\ -,AI
Anniversary Commemorative Journal. , ..j ~J, ~ r
The ad placement contribution costs are as follows: jJ/ f
. Gold full page ad - $ 3,000
. Silver full page ad - $ 2,000
. Bronze full page ad - $ 1,000
. White full page ad - $ 500
. White half page ad - $ 300
Please make your check payable to the American Diabetes Association and send it to:
Attention: Dave Samson
City of Sunny Isles Beach
17070 Collins A venue, Suite 250
Sunny Isles Beach, Florida 33160
Note that your camera-ready art mechanicals for the ad should be sent no later than May 10,
1999. Ads will be produced in Black and White only.
We thank you for your consideration. Your generous support of this worthy effort of the
American Di etes Association is truly appreciated.
Sincerely y
Dave Samso
Mayor
P.S. Dinner party invitations will be forwarded under separate cover.