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TOWN OF DAVIE
REGULAR MEETING
APRIL 19, 2006
6:30 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PRESENTATIONS
3.1. Employee Recognition - Mark Alan, Human Resources Management Director
3.2. Love to Read, Love to Achieve Reading Program - Shirley Taylor-Prakelt, Housing and Community Development Director
3.3. National Community Development Week - Shirley Taylor-Prakelt, Housing and Community Development Director
3.4. National Fair Housing Month - Shirley Taylor-Prakelt, Housing and Community Development Director
3.5. Florida Housing Finance Corporation- Terry Santini
3.6. I-595 Transit Alternatives - Steven Braun, Florida Department of Transportation
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. February 15, 2006 (Regular Meeting)
4.2. March 1, 2006 (Special Executive Session)
4.3. March 1, 2006 (Regular Meeting)
Proclamations
4.4. Crime Victims’ Rights Week (April 23 - 29, 2006)
4.5. Days of Remembrance (April 23 - 30, 2006)
4.6. Volunteer Recognition Day (April 28, 2006)
4.7. National Day of Prayer (May 4, 2006)
4.8. Dimitry “Dean” Alexander Day (May 5, 2006)
4.9. Peace Rangers Day (May 4, 2006)
4.10. National Public Works Week (May 21 - 26, 2006)
Resolutions
4.11. PETITIONER REQUESTING A TABLING TO MAY 3, 2006
PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “LORSON ESTATES” AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE THE APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SAID PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 8-3-04, Lorson Estates, 1275 SW 130 Avenue) (tabled from March 1, 2006) Planning and Zoning Board recommended denial
4.12. AFTER SCHOOL DAYCARE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF SUNSHINE AFTER SCHOOL CHILD CARE, INC. TO PROVIDE AFTER SCHOOL DAYCARE PROGRAMS AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES. (tabled from April 5, 2006)
4.13. HOMELESSNESS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING “A WAY HOME” BROWARD COUNTY, FLORIDA’S TEN-YEAR PLAN TO END HOMELESSNESS. (tabled from April 5, 2006)
4.14. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH THE FIRM OF MAYER, HOFFMAN, MCCANN, PC TO PROVIDE FORENSIC AUDITING SERVICES AND PROVIDING AN EFFECTIVE DATE. (tabled from April 5, 2006)
4.15. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY AND THE TOWN OF DAVIE TO UTILIZE THE BERGERON RODEO GROUNDS FOR AN EDUCATIONAL PROGRAM AND WAIVE RENTAL FEE. ($750 arena rental fee waiver)
4.16. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN AGUA DE BEBER, INC AND THE TOWN OF DAVIE TO LEASE THE BERGERON RODEO GROUNDS FOR A BRAZILIAN HERITAGE FESTIVAL. (Brazilian Heritage Festival - $2,000 arena rental fee)
4.17. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN ISLAND MUSIC AWARDS, INC, INC AND THE TOWN OF DAVIE TO RENT THE BERGERON RODEO GROUNDS FOR A CARIBBEAN FESTIVAL. ($1,000 arena rental fee)
4.18. FUNDING APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING AN APPLICATION FOR $340,256 IN FUNDING FROM THE 2006 TRANSPORTATION ENHANCEMENT PROGRAM FOR LANDSCAPING AND OTHER ENHANCEMENTS ALONG OAKES ROAD AT ITS GATEWAY WITH STATE ROAD 7. (no matching funds required)
4.19. THEATER EXPENDITURES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ISSUE A FLOATER CREDIT CARD TO THE ACTORS COMMUNITY THEATER OF DAVIE FOR THEATER EXPENDITURES.
4.20. WITHDRAWN BY STAFF; TO BE RESUBMITTED AT A LATER DATE
EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, REQUESTING AUTHORIZATION FOR THE EXPENDITURE OF $6,000.00 FOR AN ENGINEERING FIRM FOR THE PURPOSE OF CONDUCTING A CHARRETTE.
4.21. DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO CHANGE THE NON-VEHICULAR ACCESS LINE ON THE PLAT KNOWN AS “PARCEL A” OF THE VILLAGE TOWNHOUSE DAVIE” PLAT AND PROVIDING AN EFFECTIVE DATE. (DG 2-1-06, Davie Crossing, 6900 SW 39 Street)
4.22. GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR A $25,000 GRANT FROM THE URBAN & COMMUNITY FORESTRY GRANT PROGRAM; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED (WITH $27,000 CASH AND IN-KIND MATCH).
Quasi-Judicial Consent Agenda
4.23. PETITIONER REQUESTING A TABLING TO MAY 3, 2006
SP 8-12-04, Lorson Estates, 1275 SW 130 Avenue (A-1) (tabled from March 1, 2006) Site Plan Committee recommended approval based on the planning report and the rezoning; that on the site plan, take the entrance feature wall and mirror it on both sides of the entry and increase it to approximately 35-feet long in order to buffer the side entry garages; access lot number four from the side street; label models on the floor plan so that they are clear; readdress the landscaping along the perimeter buffers, specifically SW 14 Street, because it does not appear to be any type of buffer to the neighbors across the street; on model number one, add shutters to the front window, look at the gable over the garage, correct the rear elevation and make it correct to the actual configuration; on model two, look at the front fake
balcony as possibly being a real balcony or a large recessed window; show the “box outs” on the floor plan that represent the architectural elements on the front; offer three different colors for the brick pavers for the driveways; add windows with some decoration to each garage; and show the roof slope at “4 to 12” and would recommend a steeper slope to give it more presence
4.24. SP 3-5-05, Rodeo Village, 5250 South University Drive (RM-10 and A-1) Site Plan Committee recommended approval based on the planning report and the following items: 1) that a wall be placed on University Drive, particularly at the rear of the two end buildings (If for some reason the wall is not allowed by another agency, at least double or triple the amount of landscaping for those two end units.); 2) that the rear patios will be part of the actual design of the buildings and they would not be removed; 3) the islands in the center of the roadway are to be changed to pavers and speed humps as per engineering design; 4) regarding the a/c units, the applicant will look at removing
them from the upper third-floor balconies and lower them to grade; 5) the unit design that has the side entry front door, look at putting those on the front of the building with some sort of a cover towards the front; 6) add gutters to the upper balconies; 7) any banding should be stucco band, not foam; 8) remove the Coco-Plum hedge at the south property line behind the buildings only; 9) raise the height of the barn in order to allow eight-foot tall barn doors; and 10) apply to Central Broward to vacate the 20-foot drainage easement on University Drive
5. DISCUSSION OF CONSENT AGENDA ITEMS
6. PUBLIC HEARING
Ordinance - Second and Final Reading
6.1. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 1-1-06, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM M-4 (COUNTY), LIMITED HEAVY INDUSTRIAL DISTRICT TO M-3, PLANNED INDUSTRIAL PARK DISTRICT; AMENDING THE ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 1-1-06, Doumar, Allsworth et al/NationsRent, Inc, 6850 State Road) Planning and Zoning Board recommended approval {Approved on First Reading March 29, 2006 - all voted in favor}
Resolution
6.2. EVALUATION AND APPRAISAL REPORT - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE TOWN OF DAVIE COMPREHENSIVE PLAN; STATING THE INTENT OF THE TOWN COUNCIL TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; AND APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES. (tabled from March 29, 2006)
Ordinances - First Reading (Second and final reading to be held May 3, 2006)
6.3. VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 5-1-05 LONG KEY – FLAMINGO PARK, VACATING AND DEDICATING RIGHT-OF-WAYS AS SHOWN ON THE PLAT OF “FLORIDA FRUIT LANDS COMPANY’S SUBDIVISION NO. 1”, AS RECORDED IN PLAT BOOK 2, PAGES 17, OF THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VA 5-1-05, Long Key-Flamingo Park, southwest corner of Flamingo Road and SW 36 Street) (reconsidered and tabled from March 29, 2006) Planning and Zoning Board recommended approval contingent upon meetings with the resident and the retention for Bellsouth, if necessary
6.4. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING ORDINANCE NO. 2002-9; AMENDING SECTION 2-73(b) OF THE DAVIE CODE OF ORDINANCES BY MERGING THE CHILD SAFETY BOARD AND THE DAVIE SCHOOL ADVISORY BOARD; DELETING SECTION 2-73(f) OF THE DAVIE CODE OF ORDINANCES”; AND PROVIDING FOR AN EFFECTIVE DATE.
6.5. CODE AMENDMENT - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA AMENDING CHAPTER 13, LICENSES AND BUSINESS REGULATIONS OF THE CODE OF ORDINANCES BY DELETING ARTICLE IV ADULT ENTERTAINMENT AND MASSAGE PARLORS IN ITS ENTIRETY. PROVIDING ARTICLE IV ENTITLED SEXUALLY ORIENTED BUSINESS. PROVING FOR PURPOSE AND INTENT PROVIDING FOR DEFINITIONS; PROVIDING FOR A CLASSIFICATION OF SEXUALLY ORIENTED BUSINESSES, PROVIDING FOR LICENSING AND REGULATION OF SUCH BUSINESSES; PROVIDING FOR FEES; PROVIDING FOR THE INSPECTION, EXPIRATION, SUSPENSION AND REVOCATION OF SEXUALLY ORIENTED BUSINESS; PROVIDING FOR HEARING AND APPEALS; PROVIDING FOR HOURS OF OPERATION; PROVIDING
SUPPLEMENTAL REGULATIONS AND DESIGN STANDARDS PERTAINING TO SEXUALLY ORIENTED BUSINESS USES; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
6.6. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA AMENDING CHAPTER 12 ENTITLED LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES PROVIDING FOR AN AMENDMENT TO SECTION 12-32 TABLE OF PERMITTED USES PERTAINING TO THE PROVISIONS OF ZONING DISTRICTS THAT WILL ALLOW SEXUALLY ORIENTED BUSINESS USES; AND TATTOO PARLORS. PROVIDING FOR AN AMENDMENT TO SECTION 12-34 DETAILED USE REGULATIONS PERTAINING TO LOCATION, DISTANCE AND CLASSIFICATION OF SEXUALLY ORIENTED BUSINESS USES; PROVIDING FOR AN AMENDMENT TO SECTION 12-503 DEFINITIONS PERTAINING TO SEXUALLY ORIENTED BUSINESS USE DEFINITIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS,
PROVIDING FOR AN EFFECTIVE DATE.
Items to be tabled
6.7. PETITIONER REQUESTING A TABLING TO MAY 3, 2006
REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 8-2-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT TO R-5, LOW MEDIUM DENSITY DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 8-2-04, Lorson One, LLC/POA, Acecon Construction Corp., 1275 SW 130 Avenue) (tabled from March 1, 2006) Planning and Zoning Board recommended denial for the following reasons: that the proposed change will adversely affect living conditions in the neighborhood. The Board having received substantial credible evidence from those testifying determines that the proposed change will adversely affect the living conditions in this surrounding
neighborhood; Subsection (e), the Board having received substantial credible evidence has determined that the proposed change will create or excessively increase automobile and vehicular traffic congestion above that which would be anticipated with permitted intensities or otherwise affect the public safety; Subsection (i), the Board having received substantial credible evidence from those testifying believes that there is not substantial reasons why the property cannot be used in accord with the existing zoning; therefore, the Board respectfully moves that the rezoning be denied
6.8. PLANNING AND ZONING TABLED TO MAY 10, 2006; COUNCIL CAN TABLED TO JUNE 7, 2006
VA 3-1-06, Town of Davie, SW 26 Street, between Flamingo Road and SW 127 Avenue
7.1. Agricultural Advisory Board (one exclusive appointment per Councilmember; terms expire April 2008) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)
7.2. Budget Advisory Committee Board (one exclusive appointment per Councilmember; terms expire April 2008) (members shall have experience in a financial related occupation, or similar skills)
7.3. Community Redevelopment Agency (one exclusive appointment - Councilmember Paul; term expires April 2010) (member shall either reside or engage in business within the jurisdiction of the Town)
7.4. Education, Research and Training Authority (non-exclusive appointment; term expires May 2007)
7.5. Davie Water and Environmental Advisory Board (one exclusive appointment per Councilmember; terms expire April 2008) (insofar as possible, one member shall be a licensed engineer)
7.6. Open Space Advisory Committee Agency (two exclusive appointments per Councilmember; terms expire April 2008)
7.7. Parks and Recreation Advisory Board Agency (two exclusive appointments per Councilmember; terms expire April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
7.8. Senior Citizen Advisory Committee (two exclusive appointments per Councilmember; terms expire April 2008) (members shall be a minimum 60 years of age)
7.9. Unsafe Structures Board (two non-exclusive appointments - terms expire April 2008; permanent resident or have their principal place of business within the Town's jurisdiction; one appointment shall be an electrical contractor; one appointment shall be a registered architect)
7.10. Unsafe Structures Board (three non-exclusive appointments; terms expire April 2009) (permanent resident or have their principal place of business within the Town's jurisdiction; one appointment shall be a general building contractor, one appointment shall be a plumbing contractor, one appointment shall be an engineer and one appointment shall be a real estate property manager)
8. OLD BUSINESS
9. NEW BUSINESS
9.1. Bulk Waste Service - Councilmember Caletka (tabled from March 29, 2006)
9.2. Hurricane Generator Bill - Councilmember Starkey
9.3. Hurricane Debris Removal - Councilmember Starkey
10. MAYOR/COUNCILMEMBER’S COMMENTS
11. TOWN ADMINISTRATOR’S COMMENTS
12. TOWN ATTORNEY’S COMMENTS
13. ADJOURNMENT
ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THIS BOARD OR COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE.
Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least five business days prior to the meeting to request such accommodations. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8700 (voice) or 1-800-955-8771 (TDD).
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