REGULAR MEETING

March 7, 2007

7:00 PM

 

1.         PLEDGE OF ALLEGIANCE

 

2.         ROLL CALL

 

3.         OPEN PUBLIC MEETING

 

4.         APPROVAL OF CONSENT AGENDA

Minutes

4.1          October 18, 2006 (Regular Meeting) (tabled from January 17, 2007)

4.2          December 6, 2006 (Regular Meeting

4.3          December 11, 2006 (Special Meeting)

4.4          December 20, 2006 (Regular Meeting)

 

Resolutions

4.5          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT TO MODIFY BULK WATER AND SEWAGE USER AGREEMENT BETWEEN THE TOWN OF DAVIE AND FERNCREST UTILITIES TO PROVIDE BULK WATER AND SEWAGE SERVICE; AND PROVIDING AN EFFECTIVE DATE.  (tabled from February 21, 2007)

 

4.6          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH THE DOG OBEDIENCE CLUB OF HOLLYWOOD, INC FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR AN ANNUAL DOG SHOW.  (arena rental fee - $2,250)

 

4.7          FIRM SELECTION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF GEOGRAPHIC TECHNOLOGIES GROUP, INC. TO PROVIDE GIS SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

4.8          WAIVER OF BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, WAIVING THE REQUIREMENT FOR COMPETITIVE BIDDING FOR PURCHASES EXCEEDING $25,000 AS REQUIRED IN SECTION 2-317 OF THE TOWN CODE OF ORDINANCES FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE BUILDING AT 6501 ORANGE DRIVE AND ALLOWING THE SUBSTITUION OF INFORMAL BIDS IN ITS PLACE; AUTHORIZING THE MAYOR TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING HIS SIGNATURE TO SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.  (Orangemen Development and Construction Corporation.- $64,220)


4.9          BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT THE BASE BID RECOMMENDATION FOR A SEGMENT OF ORANGE DRIVE ROADWAY IMPROVEMENT.  (Williams Paving - $325,000)

 

4.10        DEVELOPMENT AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF DAVIE AND UNIVERSITY ASSOCIATES LIMITED TO PROMOTE THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED WITHIN THE TOWN; PROVIDING FOR CONTRIBUTION TO THE TOWN; PROVIDING FOR INDEMNIFICATION; AND TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.11        INFRASTRUCTURE AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO AN INFRASTRUCTURE AGREEMENT BETWEEN THE TOWN OF DAVIE AND NOVA SOUTHEASTERN UNIVERSITY TO PROMOTE THE CONTINUING CAMPUS DEVELOPMENT LOCATED WITHIN THE TOWN; PROVIDING FOR CONTRIBUTION TO THE TOWN; PROVIDING FOR INDEMNIFICATION; AND TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.12        DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO AMEND THE NOTE ON THE PLAT KNOWN AS “YOUNG WORLD”; AND PROVIDING AN EFFECTIVE DATE.  (DG 3-3-06, Nova Southeastern University, 3301 College Avenue)

 

4.13        PLAT REVISION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE BOUNDARY LINE OF THE PLAT KNOWN AS "FLAMINGO VILLAGE” AND PROVIDING AN EFFECTIVE DATE. (DG 2-1-07, Flamingo Village, 800 South Flamingo Road)

 

4.14        PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “DAVIE 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 6-2-04, Davie Estates, generally located between SW 58 Avenue (Wilson Road) and SW 61 Avenue (Aries Road), south of Griffin Road) Planning and Zoning Board recommended approval with the stipulation that on SW 58 Avenue, there be an emergency access only)


Quasi-Judicial Consent Agenda

4.15        MSP 6-9-04, Davie Estates, generally located between SW 58 Avenue (Wilson Road) and SW 61 Avenue (Aries Road), south of Griffin Road (R-1) Site Plan Committee recommended approval subject to the staff report except the part about the entrance on 58th Avenue; that there be one vehicular access on 61st Avenue and that there be an emergency access point on 58th Avenue to be composed of stabilized grass to replace the vehicular access and to be used for emergency vehicles only; the road right-of-way has to be reduced to 40-feet and maintain a buffer at ten-feet with no overlap; the developer will be required to have a continuous retaining wall as per the detail drawings, however, it will be required that they obtain a waiver of the rural lifestyle from Town Council to enable them to have a continuous wall; do a written summary report of their public participation meetings with backup including questions and responses before this goes to Council

 

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 12-2-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM MH-10, MOBILE HOME DISTRICT TO RM-10, MEDIUM DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 12-2-04, Colonnade Construction Group/Ponderosa Development, Inc., 4701 and 4631 SW 73 Avenue) (tabled from February 7, 2007)  Planning and Zoning Board recommended denial {Approved on First Reading on January 17, 2007.  The vote was as follows:  Mayor Truex - yes; Vice-Mayor Crowley - yes; Councilmember Caletka - no; Councilmember Paul - no; Councilmember Starkey - yes}

 

Ordinances - First Reading (Second and Final Reading to be held March 22, 2007)

6.2          RELEASE - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PETITION FOR THE RELEASE OF A CANAL RESERVATION AND ROAD RIGHTS-OF-WAY FOR THE NORTHEAST CORNER OF FLAMINGO ROAD AND ORANGE DRIVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from February 21, 2007)

 

6.3          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE XII., DIVISION 3 SITE PLAN REQUIREMENTS AND PROCEDURES, SECTION 12-373, EXPIRATION OF SITE PLANS; SECTION 12-380 EFFECTIVE PERIOD OF APPROVAL; EXTENDING SITE PLAN AND MASTER PLANNED DEVELOPMENT APPROVAL EXPIRATION TO EIGHTEEN (18) MONTHS; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Planning and Zoning Board recommended approval

 

Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held March 22, 2007)

6.4          REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 11-1-06, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM R-3, LOW DENSITY DWELLING DICTRICT 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 11-1-05, MacDonald, 5410 SW 41 Street) Planning and Zoning Board recommended denial

 

Items to be tabled

6.5          STAFF REQUESTING A TABLING TO APRIL 4, 2007

               AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 11-1-05, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AG, AGRICULTURAL DISTRICT TO R-1, ESTATE DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 11-1-05, Rhon Ernest-Jones Consulting Engineers/Nichols Associates, Ltd., southwest corner of Flamingo Road and SW 26 Street) Planning and Zoning Board recommended approval

 

6.6          STAFF REQUESTING A TABLING TO APRIL 4, 2007

               AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE II, SECTION 12-24, STATEMENT OF PURPOSE AND INTENT OF ZONING DISTRICTS; ARTICLE III, SECTION 12-32, TABLE OF PERMITTED USES; SECTION 12-33 GENERAL REGULATIONS;  SECTION 12-34, DETAILED USE REGULATIONS – STANDARDS ENUMERATED; ARTICLE IV, SECTION 12-54, NON-RESIDENTIAL PERFORMANCE STANDARD – COMMERCIAL CONSERVATION; ARTICLE V, SECTION 12-83, COMMERCIAL CONSERVATION STANDARDS; ARTICLE VI, SECTION 12-107, LANDSCAPING STANDARDS FOR LOTS AND SITES; ARTICLE VII, SECTION 12-208, REQUIREMENTS FOR OFF STREET PARKING; ARTICLE XII, SECTION 12-375, MASTER PLANNED DEVELOPMENTS; AND ARTICLE XIV, SECTION 12-503, DEFINITIONS; AMENDING RECYCLING, SCRAP METAL PROCESSING , AND AUTOMOBILE WRECKING YARDS AS EXISTING LEGAL USES IN THE M-3 ZONING DISTRICT WHEN THE UNDERLYING LAND USE CLASSIFICATION IS INDUSTRIAL AND THE EXISTING USE IS LEGALLY PERMITTED; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.


7.         APPOINTMENTS

7.1          Mayor Truex

7.1.1.            Mobile Home Task Force (one exclusive appointment - one representing a mobile home park owner/manager)

 

7.1.2.            Senior Citizen Advisory Committee (one exclusive appointment - term expires April 2008) (members shall be a minimum 60 years of age)

 

7.1.3.            Water and Environmental Advisory Board (one exclusive appointment; term expires April 2008) (insofar as possible, one member shall be a licensed engineer)

 

7.1.4.            Youth Education and Safety Advisory Board (one exclusive appointment - term expires 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          Councilmember Paul

7.2.1    Airport Advisory Board (two exclusive appointments; terms expire December 2007)

 

7.3          Councilmember Starkey

7.3.1    Airport Advisory Board (one exclusive appointment; term expires December 2007)

 

7.3.2    Mobile Home Task Force (one exclusive appointment - one representing a mobile home park owner/manager)

 

7.3.3    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)

 

7.4          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)

 

8.         OLD BUSINESS

8.1          SW 8 Street Park Site Fencing

8.2          Recovery Negotiations Report (Forensic Audit) [deferred from February 21, 2007]

8.3          Sound Walls on I-75 - Councilmember Paul

 

9.         NEW BUSINESS

9.1          Young At Art's 18th Annual Children's Festival of the Arts

9.2          Tax Proposals - Mayor Truex


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).


4.1

APPROVAL OF CONSENT AGENDA

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Barbara McDaniel, MMC, Assisatnt Town Clerk (954) 797-1023

 

PREPARED BY:       Barbara McDaniel, MMC, Assistant Town Clerk

 

SUBJECT:                 Minutes