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TOWN OF DAVIE
REGULAR MEETING
JUNE 7, 2006
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. OPEN PUBLIC MEETING
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. March 29, 2006 (Regular Meeting) (tabled from May 17, 2006)
4.2. April 18, 2006 (Special Meeting)
Resolutions
4.3. PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE PLAT KNOWN AS “WESTRIDGE OAKS” 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. (Tabled from May 17, 2006) (P 5-4-05, Westridge Oaks, 4450 South Flamingo Road) Planning and Zoning Board recommended denial
4.4. AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AMENDMENT TO AN EXISTING LEASE AGREEMENT BETWEEN THE TOWN OF DAVIE AND AMERICAN TOWER CONCERNING THE MONOPOLE TELECOMMUNICATIONS TOWER LOCATED AT 3800 SW 92 AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.
4.5. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING PHASE I OF THE REGIONAL ACTIVITY CENTER (RAC) MASTER PLAN AS DETAILED IN THE SCOPE OF SERVICE AGREEMENT AND AUTHORIZING PAYMENT FOR PHASE I TO EDWARD D. STONE AND ASSOCIATES (EDSA); AND TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
4.6. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN COUNCIL OF THE TOWN OF DAVIE, TO ACCEPT FCC FORM 394 SUBMITTED BY BELLSOUTH ENTERTAINMENT, LLC; PROVIDING FOR AN EFFECTIVE DATE.
4.7. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACCEPT THE BID RECOMMENDATION FOR THE “SHADE STRUCTURES” AT BAMFORD SPORTS COMPLEX (Industrial Shadeports - $99,000)
4.8. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FROM WEEKLEY ASPHALT PAVING, INC., FOR ASPHALT OVERLAY.
4.9. BIDS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE BIDS AWARDED BY BROWARD COMMUNITY COLLEGE FOR SOD / SOD INSTALLATION, SOUTHEAST FLORIDA COOPERATIVE PURCHASING GROUP BID NO. 206-001.
4.10. BIDS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE BIDS AWARDED BY THE CITY OF CORAL SPRINGS FOR DIESEL FUEL #2, LOW SULFUR, SOUTHEAST FLORIDA COOPERATIVE PURCHASING GROUP BID NO. 06-a-098.
4.11. CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION TO THE CONTRACT BETWEEN THE TOWN AND ATRIUM PERSONNEL, INC. D/B/A TRANSHIRE FOR TEMPORARY OFFICE PERSONNEL.
4.12. CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION TO THE CONTRACT BETWEEN THE TOWN AND PROFESSIONAL CONCESSIONS INC, FOR CONCESSIONAIRE SERVICE AT THE BERGERON RODEO GROUNDS.
4.13. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE CONTRACT AWARDED BY THE TOWN OF PEMBROKE PARK (RESOLUTION #05-09-04) TO CRAIG A. SMITH & ASSOCIATES FOR LOCATING AND MARKING UNDERGROUND FACILITIES.
4.14. EASEMENTS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING CERTAIN EASEMENTS FROM DMS GENERAL CONTRACTOR INC, PROPERTY OWNER; AND PROVIDING AN EFFECTIVE DATE.
4.15. SCHOOL SITES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING EFFORTS OF THE SCHOOL BOARD AND THE TOWN IN COLLABORATING ON THE LOCATION, FUNDING AND CONSTRUCTION OF SCHOOL SITES ALONG THE SR7/441 CORRIDOR IN THE TOWN OF DAVIE.
Temporary Use Permit
4.16. TU 4-1-06, 06-61; Harvest fellowship/Holiday Charities/6770 Stirling Road, Davie 33317
4.17. TU 5-3-06, Escape at Arrowhead /2100 SW 81 Street, Davie 33317
Quasi-Judicial Consent Agenda
4.18. MSP 9-1-05, Westridge Oaks, northeast corner of Flamingo Road and Orange Drive (AG) April 25, 2006 - Site Plan Committee recommended approval based on the planning report with number five - the power line issue being unresolved; that the two Phoenix Reclinata 16-foot overall be replaced with one specimen Phoenix Reclinata, 28- to 30-foot overall, twelve stem minimum; substitute Mahogany Trees with Pigeon Palms; to provide two [landscape] plans for the townhouses; change the six Live Oaks flanking the entrance from 16-foot overall to 22-foot overall. (Motion carried 2-1, subject to Resolution R-2001-209, this item was automatically tabled) May 9, 2006 - Site Plan Committee recommended approval of a combination of two plans, one being plan number two which indicated a “separate drive aisle” on the west side and secondly, the new plan which indicated a “100-foot of green area” on the south side. (Motion carried 2-1; Mr. Kiar established that the vote would be the same at the
next meeting and, therefore, opined that this item should be moved forward)
4.19. SP 11-4-05 / 06-12 / Long Key Nature Center/ Generally located on the southeast corner of Flamingo Rd., SW 36 Ct., and SW 130 Avenue (RS Recreation/Open Space) May 9, 2006 - Site Plan Committee’s recommendation: to approve based on the latest revisions which included a small landscape plan which showed hedge material along 130th Avenue and continuing into the maintenance area (showed fence and hedge and did not specify type of hedge material). (Motion carried 5-0)
5. DISCUSSION OF CONSENT AGENDA ITEMS
6. PUBLIC HEARING
Ordinance - Second and Final Reading
6.1. REZONING/FLEX UNITS - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION FX 7-1-05 WESTRIDGE OAKS, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: AG, AGRICULTURAL DISTRICT; TO: B-2, COMMUNITY BUSINESS DISTRICT, R-1, ESTATE DWELLING DISTRICT, AND RM-5, MULTI-FAMILY LOW MEDIUM DWELLING DISTRICT THROUGH THE ALLOCATION OF 44 RESIDENTIAL FLEXIBILITY UNITS IN ACCORDANCE WITH THE ADMINISTRATIVE RULES DOCUMENT OF THE BROWARD COUNTY LAND USE PLAN; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 7-6-05 and FX 7-1-05, Stiles Development Company/Moersch, northeast corner of Flamingo Road and Orange Drive Planning and Zoning Board recommended denial {Approved on First Reading May 17, 2006 - all voted in favor, with Mayor Truex and Councilmember Paul dissenting}
Resolution
6.2. CAPITAL PROJECTS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE 5-YEAR CAPITAL PROJECTS PROGRAM FOR THE TOWN OF DAVIE FOR FISCAL YEARS 2007- 2011.
Ordinance - First Reading (Second and Final Reading to be held June 21, 2006)
6.3. BUDGET AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING AN AMENDMENT TO THE ESTIMATED REVENUES AND APPROPRIATIONS FOR THE FISCAL YEAR 2006.
6.4. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING CHAPTER 12, CODE OF ORDINANCES, ENTITLED “LAND DEVELOPMENT CODE”, BY AMENDING ARTICLE XI THEREOF, ENTITLED “DEVELOPMENT REVIEW PROCEDURES”, BY AMENDING DIVISION 3 THEREOF ENTITLED “IMPROVEMENTS”, SEC. 12-329 BY REVISING TEXT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
6.5. GENERATOR REQUIREMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, CREATING DAVIE TOWN SECTIONS 12-34(y)(6), 12-34(y)(7), 12-34(y)(8), 12-34(y)(9), 12-34(y)(10) and 12-34(y)(11), REQUIRING EACH RETAIL GASOLINE STATION ON OR AFTER A SPECIFIED DATE TO BE EQUIPPED WITH A BACKUP POWER SYSTEM OR ALTERNATIVE PUMPING SYSTEM SO THAT EACH OF THE GASOLINE STATION’S FUEL PUMPS MAY BE OPERATED IN THE EVENT OF A POWER OUTAGE; PROVIDING THAT GASOLINE STATIONS LOCATED ON THE GROUNDS OF, OR OWNED BY ANOTHER RETAIL ESTABLISHMENT WOULD BE INCLUDED;
PROVIDING FOR AUTHORIZATION TO EXEMPT CERTAIN GASOLINE STATIONS FROM THE REQUIREMENT OF THIS SECTION; PROVIDING FOR APPEAL; PROVIDING A PENALTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
6.6. RATE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA AMENDING THE TOWN’S OCCUPATIONAL LICENSE RATE SCHEDULE IN ACCORDANCE WITH CHAPTER 205.0535(4) OF THE FLORIDA STATE STATUTES BY INCREASING THE RATE OF EACH CLASSIFICATION BY FIVE PERCENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
6.7. VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 3-1-06, VACATING PORTIONS OF ROAD RIGHT-OF-WAY FOR SOUTHWEST 26TH STREET AS SHOWN ON THE PLAT OF UNIT “E” FLAMINGO GROVES, AS RECORDED IN PLAT BOOK 15, PAGE 5, OF THE PUBLIC RECORDS OF BROWARD COUNTY AND ON THE PLAT OF FLORIDA FRUIT LANDS COMPANY’S SUBDIVISION NO. 1, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Quasi Judicial Item
6.8. VARIANCE - V 7-3-05, DuPont, 3344 Meadowbrook Way (tabled from May 3, 2006) May 10, 2006, Planning and Zoning Board recommended denial (Motion carried 5-0)
Items to be Tabled
STAFF REQUESTING A TABLING TO JULY 19, 2006
6.9. Variance, V 2-1-06 O’Connor, 2273 SW 132 Way, Generally located on the west side of SW 132 Way, approximately 900 feet south of SW 21st Place.
STAFF REQUESTING A TABLING TO JULY 19, 2006
6.10. Variance, V 2-2-06 Rousseau, 2461 SW 131 Terrace, Generally located on the west side of SW 131 Terrace, approximately 330 feet north of SW 26th Street
7.1. Mayor Truex
7.1.1. Airport/Transportation Advisory Board (one exclusive appointment - term expires December 2006)
7.1.2. Agricultural Advisory Board (one exclusive appointment - term expires April 2008) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)
7.1.3. Open Space Advisory Committee (one exclusive appointment - term expires April 2008)
7.1.4. Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
7.1.5. Senior Citizen Advisory Committee (one exclusive appointment - term expires April 2008) (members shall be a minimum 60 years of age)
7.1.6. Youth Education and Safety Advisory Board (two exclusive appointments - terms expire April 2008) (members shall, whenever possible, have interest and expertise in law enforcement, elementary school instruction, education matters, child psychology, pediatric medicine, parenthood and grandparenthood.
7.2. Vice-Mayor Crowley
7.2.1. Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
7.2.2. Youth Education and Safety Advisory Board (two exclusive appointments - terms expire April 2008) (members shall, whenever possible, have interest and expertise in law enforcement, elementary school instruction, education matters, child psychology, pediatric medicine, parenthood and grandparenthood)
7.3. Councilmember Caletka
7.3.1. Airport/Transportation Advisory Board (one exclusive appointment - term expires December 2006)
7.3.2. Open Space Advisory Committee (one exclusive appointment - term expires April 2008)
7.3.3. Youth Education and Safety Advisory Board (two exclusive appointments - terms expire April 2008) (members shall, whenever possible, have interest and expertise in law enforcement, elementary school instruction, education matters, child psychology, pediatric medicine, parenthood and grandparenthood)
7.4. Councilmember Starkey
7.4.1. Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
7.5. Site Plan Committee (one exclusive appointment per Councilmember; terms expire June 2007) (members must be residents of the Town and, whenever possible, should be an architect, landscape architect and an urban planner or designer)
7.6. Unsafe Structures Board (two non-exclusive appointments; terms expire April 2009) (members shall be permanent resident or have their principal place of business within the Town's jurisdiction) (one appointment shall be a plumbing contractor and one appointment shall be a real estate property manager)
7.7. Affirmation of the Community Redevelopment Agency’s Selection of Chair and Vice-Chair (Chair – Mark Engel; Vice-Chair Neal Kalis)
8. OLD BUSINESS
9. NEW BUSINESS
9.1 Discussion of July Council Vacation
10. MAYOR/COUNCILMEMBER’S COMMENTS
11. TOWN ADMINISTRATOR’S COMMENTS
12. TOWN ATTORNEY’S COMMENTS
13. ADJOURNMENT
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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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