Town of Davie, FL - Town Council Agenda 08/07/2002

TOWN OF DAVIE

REGULAR MEETING

AUGUST 7, 2002

7:00 P.M.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. OPEN PUBLIC MEETING

4. PRESENTATIONS

4.1. Old Davie School - Bonnie Stafiej

4.2. Police Athletic League

5. MAYOR/COUNCILMEMBER'S COMMENTS

6. TOWN ADMINISTRATOR'S COMMENTS

7. TOWN ATTORNEY'S COMMENTS

8. CONSENT AGENDA

Minutes

8.1. May 14, 2002 - Workshop Meeting

8.2. June 5, 2002 - Workshop Meeting

8.3. June 5, 2002 - Regular Meeting

8.4. June 19, 2002 - Regular Meeting

8.5. July 18, 2002 - Special Meeting

Proclamation

8.6. National Breast Cancer Awareness Month (October 2002) and National Mammography Day (October 18, 2002)

Home Occupational Licenses

8.7. A.B. Tracer Service, 11191 SW 26 Street

8.8. Annie's Auto Sales and Finance Corp., 5555 SW 61 Avenue

8.9. Artistic Resources, Inc., 2730 SW 112 Avenue

8.10. Party Land Bouncers & Party Supplies, Inc., 2991 SW 137 Terrace

8.11. J.P. Hogan Concrete Cutting, 1331 Bristol Avenue

8.12. Picture It!, 3875 SW 111 Way

Resolutions

8.13. PLAT REVISION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE RESTRICTIVE NOTE OF THE "P & J ESTATES" PLAT, AND PROVIDING AN EFFECTIVE DATE. (DG 6-2-02, 10591 Orange Drive) (tabled from July 10, 2002)

8.14. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SYNALOVSKI GUTIERREZ ROMANIK ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES.

8.15. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE OFFICE OF THE BROWARD COUNTY, FLORIDA, CLERK OF THE COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT FOR THE PROCESSING AND COLLECTION OF PARKING CITATIONS AND AUTHORIZING THE USE OF HEARING OFFICERS IN THE SYSTEM ESTABLISHED BY BROWARD COUNTY FOR SUCH PURPOSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

8.16. AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE EFFECTIVE DATE FOR THE TENANT LEASE AGREEMENT FOR CONTINUATION OF THE RESIDENTIAL SECURITY PROGRAM AT WOLF LAKE PARK.

8.17. AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE ?FIRST AMENDMENT TO RECIPROCAL LEASE AGREEMENT WITH THE TOWN OF DAVIE? PREPARED BY THE SCHOOL BOARD OF BROWARD COUNTY FOR THE CONSTRUCTION OF THE NOVA HIGH SCHOOL ATHLETIC FIELD STADIUM.

8.18. GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR, AND/OR APPROPRIATE STAFF TO SUBMIT AN APPLICATION, AND IF AWARDED PERMISSION TO ACCEPT GRANT FUNDING UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM IN THE AMOUNT OF $65,780 ALLOCATING THE REQUIRED MATCH OF $7,309 FROM THE LAW ENFORCEMENT TRUST FUND.

8.19. GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING APPLICATION AND EXECUTION OF A FLOOD MITIGATION GRANT UNDER THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SECTION 319 NON-POINT SOURCE MANAGEMENT GRANT PROGRAM. ($488,692 grant funding; $1,492,381 matching funds)

8.20. EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS FOR THE COMPLETION OF THE K-9 TRAINING FACILITY AND CONFORMING TO THE U.S. POLICE CANINE ASSOCIATION REGULATIONS. ($6,640)

8.21. EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS FOR THE CONSTRUCTION OF THREE NEW OFFICES IN THE ROAD PATROL AREA, AT A COST NOT TO EXCEED $35,000.00

8.22. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR ROOF REPAIR AT ROBBINS EQUESTRIAN CENTER. (Colonial Roof Service - $14,670)

8.23. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR HEAVY EQUIPMENT RENTAL WITH OPERATOR. (lowest primary and secondary bidders)

8.24. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR SUPPLY AND INSTALLATION OF HURRICANE BARRIERS AT OLD DAVIE SCHOOL. (Hurricane Protection Industries - $89,730.66)

8.25. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR SUPPLY AND INSTALLATION OF AN IRRIGATION SYSTEM ON LINEAR PARK. (Gaskin Irrigation - $53,690)

8.26. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CHEMICAL REAGENTS. (Environmental Reagents - $10,000/year)

8.27. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CONSTRUCTION OF WATER PLANT IMPROVEMENTS AND WATER TRANSMISSION MAIN AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SUCH SERVICES. (Wharton-Smith, Inc. - $1,717,000)

8.28. WAIVER OF FEES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO WAIVE THE RENTAL FEES AT ROBBINS LODGE FOR THE APLASTIC ANEMIA AND MDS INTERNATIONAL FOUNDATION, INC. FOR A FUNDRAISER ON SATURDAY, OCTOBER 26, 2002. ($330)

8.29. PURCHASE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE CONTINUED PURCHASE OF COMPUTER EQUIPMENT AND SOFTWARE FROM DELL COMPUTER CORPORATION TO COMPLETE THE TOWNWIDE COMPUTERIZATION PROJECT. ($363,900)

8.30. FIRE RESCUE ASSESSMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATION TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENTS RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

8.31. ANNEXATION AGREEMENT AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AMENDING AN ANNEXATION AGREEMENT BETWEEN THE TOWN OF DAVIE AND JOLMY ENTERPRISES, INC.

Site Plans

8.32. SP 4-2-02, Palm Trace Landings Three, 5980 SW 30 Street (RM-25, County and RM-16) Site Plan Committee recommended approval based on the planning report and on the following: 1) change the landscape plan on the Areca Palms to indicate five-foot overall height, four-foot spread, six-foot on center; 2) to connect the sidewalk from building 5 to building 8, which would enable the sidewalk to go all the way around the lake; 3) the sidewalk is to connect to building 13 and to be indicated on the plans; 4) to install an additional dumpster enclosure at the southwest corner of building 11; 5) provide a “cross-section FF” to accurately show existing and proposed conditions including a chain-link fence; and 6) to center the Alexander Palms in the curbed islands by the garages

8.33 SP 4-7-02, Phoenician Cove, 5400 Pine Island Road (R-3) Site Plan Committee recommended approval based on the staff’s report and the following: 1) add a park bench/sitting area on site in the location to be determined by the architect; 2) add a guard rail to the east end of the cul-de-sac and install hedge material on the west side of the guard rail, with the hedge material to be selected by the landscape architect and approved by the Town; and 3) if there are trees that are determined to be preservable by Jack Martin, Chief Landscape Inspector, those trees are to be relocated to a Town park

8.34. SP 4-8-02, McDonald's at the Plaza, southwest corner of State Road 84 and Hiatus Road (B-2) Site Plan Committee recommended approval based on staff's recommendations and the following: the site is to be examined by the Town's Chief Landscape Inspector in order to address the Board's concern about the visibility of the drive-thru which is the east elevation of the building and possibly adding six to eight accent trees in this area if there is room

8.35. SP 5-6-02, Nova Southeastern University Health Professions Division Garage Expansion, 3301 College Avenue (CF) Site Plan Committee recommended approval subject to staff's recommendation and subject to submitting a revised landscape plan to staff

Site Plan Modification

8.36. SP 4-6-02, Dunkin Donuts, 5141 South University Drive (B-3) Site Plan Committee recommended approval

9. PUBLIC HEARINGS

Ordinances - First Reading (Second and Final Reading to be held August 21, 2002)

9.1. VACATION/ABANDONMENT- AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, VACATING A PORTION OF ROAD RIGHT-OF-WAY FOR SW 142 AVENUE ADJACENT TO THE "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VA 5-2-02, SW 142 Avenue between SW 14 Street and SW 26 Street)

9.2. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE CODE OF ORDINANCES, CHAPTER 24, DIVISION 2, ENTITLED "ENFORCEMENT" TO COMPLY WITH CURRENT STATE LAWS, INCLUDING THOSE APPLICABLE TO PARKING SPACES FOR DISABLED PERSONS AND TO MODIFY EXISTING PROCEDURES SO AS TO DELEGATE AUTHORITY FOR ENFORCEMENT AND COLLECTION OF PARKING VIOLATION FINES TO THE OFFICE OF THE BROWARD COUNTY, FLORIDA, CLERK OF THE COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT; AUTHORIZING THE USE OF HEARING OFFICERS IN THE SYSTEM ESTABLISHED BY BROWARD COUNTY FOR SUCH PURPOSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

9.3. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA REPEALING EXISTING ARTICLE XV, TELECOMMUNICATIONS TOWERS AND ANTENNAS, SECTIONS 12-504 - 12-508 AND SECTION 12-34(G), COMMUNICATION APPARATUS; AND PROVIDING FOR THE REPLACEMENT OF THE AFOREMENTIONED SECTIONS WITH PROPOSED INTERIM REGULATIONS OF WIRELESS COMMUNICATIONS FACILITIES, PROVIDING FOR A HIERARCHY OF PREFERRED SITING ALTERNATIVES, CONTAINING PROVISIONS FOR EVALUATION OF SITING APPLICATIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE TOWN CODE, PROVIDING FOR AN EFFECTIVE DATE.

Ordinances - Second and Final Reading

9.4. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT (COUNTY), TO CC, COMMERCE CENTER DISTRICT, OF THE TOWN OF DAVIE CODE; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.À (ZB 1-1-02, Higgins-Deni, 2351 State Road 84) Planning and Zoning Board recommended approval

9.5. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 4-2-02, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM R-2, LOW DENSITY DWELLING DISTRICT TO RO, RESIDENTIAL/OFFICE DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Pulice Land Surveyors Inc./Mauer, 5800 Davie Road) Planning and Zoning Board recommended approval

9.6. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 5-1-02, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM B-2, COMMUNITY BUSINESS 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. (Seligman, 7730 and 7740 NW 30 Street) Planning and Zoning Board recommended approval

Quasi Judicial Item

9.7. VARIANCE - V 4-3-02, Khavanin/Hicks, 13301 SW 36 Court (A-1) (to reduce the minimum rear yard from 40 feet to 26 feet to allow a detached garage in a location that allows mature live oak trees to remain undisturbed) (tabled from July 10, 2002) Planning and Zoning Board recommended approval with the following stipulations: 1) that a "4-Hour" fire rating dry wall be used for walls and ceiling; and 2) for noise prevention, that there be an eight inch separation between the dry wall and the concrete block with insulation

Items to be Withdrawn or Tabled

9.8. WITHDRAWN BY PETITIONER

REZONING - ZB 4-1-02, Higgins-Deni/Belle Commerce, LLP, 10220 State Road 84

9.9. STAFF REQUESTING A TABLING TO SEPTEMBER 4, 2002

Southeast corner of State Road 84 and Scarborough Drive (tabled from July 3, 2002)

10. APPOINTMENTS (Pursuant to Ordinance 2002-9, all appointments are to be registered voters unless the person is a minor or a legal resident alien)

10.1. School Advisory Board (one exclusive appointment - Councilmember Truex; term expires April 2004) (insofar as possible, members are to have experience in educational matters)

10.2. Parks and Recreation Advisory Board Agency (one exclusive appointment - Councilmember Truex; terms expire April 2004) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

11. OLD BUSINESS

11.1. Fencing in Designated Open Space

11.2. School Site "NN" - Councilmember Starkey

12. NEW BUSINESS

12.1. Orange Blossom Festival - Councilmember Paul

12.2. Special Permits for Kennels - Mayor Venis

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 PROCEEDINGS 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 797-1023 at least five business days prior to the meeting to request such accommodation.À If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers:À 1-800-955-8770 (voice) or 1-800-955-8771 (TDD).