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Town Council Agenda 01/07/2004
TOWN OF DAVIE
REGULAR MEETING
JANUARY 7, 2004
7:00 P.M.


1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL  

3.      OPEN PUBLIC MEETING

4.      APPROVAL OF CONSENT AGENDA
        Minutes
4.1.    October 28, 2003 (Workshop) (tabled from December 17, 2003)
4.2.    November 5, 2003 (Regular)

        Resolutions
4.3.    QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 25’ OF RIGHT-OF-WAY FROM FRANK AND VERONICA MIELE; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from December 3, 2003)

4.4.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY AND THE TOWN OF DAVIE TO PROVIDE A SCHOOL RESOURCE OFFICER PROGRAM FOR WESTERN HIGH SCHOOL, INDIAN RIDGE MIDDLE SCHOOL AND SEVEN ELEMENTARY SCHOOLS IN THE TOWN OF DAVIE. ($72,000 reimbursement)

4.5.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN FIVE STAR RODEO INC AND THE TOWN OF DAVIE. ($4,800)

4.6.    BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CONSTRUCTION OF A PARKING LOT AT THE RICK AND RITA BOYS & GIRLS CLUB AT DRIFTWOOD ESTATES. (Blacktop, Inc. - $34,946.50)

4.7.    ADDITIONAL COST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING ADDITIONAL COST FOR ROOF-MOUNTED STROBE LIGHTBARS FOR TYPE-1 MEDIUM DUTY FIRE RESCUE AMBULANCES FROM WHEELED COACH INDUSTRIES, INC. (Wheeled Coach Industries, Inc - $5,070)

4.8.    MONEY PURCHASE PLAN - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING AN AMENDMENT TO THE TOWN OF DAVIE MONEY PURCHASE PLAN AND PROVIDING AN EFFECTIVE DATE.

4.9.    COMMUNITY ENDOWMENT FUND - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE SALE OF COMMUNITY ENDOWMENT FUND INVESTMENTS IN THE AMOUNT OF $2.5 MILLION DOLLARS AND AUTHORIZING THE APPROPRIATION AND TRANSFER OF THE PROCEEDS TO THE NEWLY ESTABLISHED TOWN OF DAVIE, DEFINED BENEFIT PENSION PLAN.

4.10.   ISSUANCE OF BUILDING PERMITS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AGREEING NOT TO ISSUE BUILDING PERMITS PRIOR TO RECEIVING WRITTEN CONFIRMATION THAT COUNTY IMPACT FEES HAVE BEEN PAID OR ARE NOT DUE, AND PROVIDING AN EFFECTIVE DATE.

4.11.   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF DAVIE, BROWARD COUNTY, AND SOUTHERN HOMES OF DAVIE V, LLC FOR REGIONAL ROAD CONCURRENCY RELATING TO THE MILLCREEK RANCHES, DIAMOND CREEK AND BLACKSTONE CREEK; PROVIDING FOR REMEDIAL MEASURES TO SATISFY CONCURRENCY REQUIREMENTS; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 11-1-03, 3011 SW 148 Avenue, 15700 SW 28 Street and 3151 SW 154 Avenue)

4.12.   FINDINGS OF ADEQUACY - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING APPLICATION DG 12-1-03, CONSENTING TO AN APPLICATION FOR FINDINGS OF ADEQUACY FOR THE PINE ISLAND COMMERCIAL PLAT (167-50); AND PROVIDING FOR AN EFFECTIVE DATE. (DG 12-1-03, Pine Island Commercial Plat, 8501 Orange Drive)

4.13.   RESTRICTIVE NOTE AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING AN AMENDMENT TO THE RESTRICTIVE NOTE OF THE “FALCON’S LEA” PLAT, AND PROVIDING AN EFFECTIVE DATE. (DG 12-4-03, Falcon’s Lea Park, 14900 Stirling Road)

Site Plans
4.14.   SP 10-1-02, Sharon Gardens/Rancho Alegre, 2801 SW 148 Avenue (A-1) (tabled from December 17, 2003) Site Plan Committee recommended approval based on the planning report and 1) that homeowners association documents be provided to staff prior to the Town Council; 2) show the house and the drive on lot four if the house is to remain, if it is to be demolished, then indicate it as such; 3) that the developer will put in the drive coming off 148th Avenue which will be shared by lots one and two; 4) that on lot three, the driveway will be held back a minimum of 150 feet from the property line at 148th Avenue; 5) that irrigation will be provided for at the main entrance; 6) that at the dead end hammerhead, each 12-foot wide drive will extend 75 feet from the center line of road going north and south, making it a 150 foot long turn around; and 7) if the water and sewer becomes available within one year of  the Town Council’s approval, and if it is within one-quarter of a mile of this property, the developer will provide it to each site

4.15.   SP 3-3-03, FMC Telecom Office Building, 6075 Orange Drive (B-2) Site Plan Committee recommended approval based on the planning report and adding cross-hatching across the existing back-out spaces onto Orange Drive so that it would be clear that there was a “designated” sidewalk and pedestrian access behind those existing car spaces

4.16.   SP 8-2-03, Hidden Hollow, 4930 SW 66 Terrace (RM-10) Site Plan Committee recommended approval subject to the staff report and to delineate a continuous sidewalk with pavers in front of the units

4.17.   SP 9-4-03, Blackstone Creek, 3151 SW 154 Avenue (A-1) Site Plan Committee recommended approval based on the planning report and that lots 1 and 14 define the driveway entrance so that they’re towards the western portion of those sites, past the divided median at the entrance; that pavement markings be added to the plans; and that the one cul-de-sac be landscaped subject to staff’s review

        Temporary Use Permits
4.18.   TU 11-1-03, Turnberry Tower Shops (Antique Automobile Club of America - Ft. Lauderdale Region), 1904 South University Drive (antique car show)

4.19.   TU 11-2-03, St. Bernadette Church, 7450 Stirling Road (carnival)

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinances - Second and Final Reading
6.1.    CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING SECTION 12-21 OF THE LAND DEVELOPMENT CODE OF THE TOWN OF DAVIE TO ADD REGIONAL ACTIVITY CENTER-ACADEMICAL VILLAGE DISTRICT TO THE LIST OF ZONING DISTRICTS; AMENDING SECTION 12-24 OF THE LAND DEVELOPMENT CODE OF THE TOWN OF DAVIE TO PROVIDE FOR A STATEMENT OF PURPOSE AND INTENT FOR THE REGIONAL ACTIVITY CENTER-ACADEMICAL VILLAGE ZONING DISTRICT; ENACTING NEW SECTIONS 12-32.400 THROUGH 12-32.411 OF THE LAND DEVELOPMENT CODE OF THE TOWN OF DAVIE, TO BE ENTITLED “REGIONAL ACTIVITY CENTER-ACADEMICAL VILLAGE DISTRICT”; CREATING GENERAL REQUIREMENTS AND LIMITATIONS;  AND AMENDING SECTION 12-503 ENTITLED “DEFINITIONS;” PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading December 17, 2003 - all voted in favor with Mayor Truex dissenting}

6.2.    RETIREMENT PLAN AND TRUST - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A RETIREMENT PLAN AND TRUST FOR THE MANAGEMENT AND GENERAL EMPLOYEES OF THE TOWN OF DAVIE; AUTHORIZING THE PARTICIPATION OF SAID PLAN AND TRUST IN THE FLORIDA MUNICIPAL PENSION TRUST FUND; PROVIDING FOR PUBLICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. {Approved on First Reading December 17, 2003 - all voted in favor with Mayor Truex dissenting}

Ordinance - First Reading (Second Reading to be held January 21, 2004)
6.3.    VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING PETITION VA 7-1-03, VACATING THAT PORTION OF THE ROAD EASEMENT ON THE NORTHSTAR PLAT LOCATED AT THE EASTERN TERMINUS OF SW 23 STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VA 7-1-03, Artistic Development Corp, 2276 Lynx Avenue (tabled from December 3, 2003) Planning and Zoning Board recommended approval

Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held January 21, 2004)
6.4.    REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 9-1-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT AND AG, AGRICULTURAL DISTRICT TO OPEN SPACE OVERLAY DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 9-1-03, Southern Homes of Davie V, LLC/Keith and Ballbe, Inc., 3151 SW 154 Avenue) Planning and Zoning Board recommended approval with the caveat that there be no exit on SW 28 Street and that the entrance and exit be on Shotgun Road only

Quasi Judicial Item
6.5.    V 10-1-03, Stermer, 2980 SW 137 Terrace (R-1) (to reduce the north side setback from 25 foot to 20 feet for an addition to the existing single-family residence) Planning and Zoning Board recommended approval

Item to be Withdrawn
6.6.    WITHDRAWN BY STAFF
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, ADOPTING APPLICATION LA(TXT) 03-08B AMENDING THE TEXT OF THE TOWN OF DAVIE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ESTABLISH A “LOCAL ACTIVITY CENTER” LAND USE CATEGORY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from September 17, 2003)

7.      APPOINTMENTS
7.1.    Airport Advisory Board (two exclusive appointments - Councilmember Hubert; one exclusive appointment - Mayor Truex) (terms expire December 2004)

7.2.    Child Safety Board (one exclusive appointment - Vice-Mayor Starkey and Mayor Truex; term expires April 2004) (whenever possible, members shall have interest and expertise in law enforcement, elementary school instruction, child psychology, pediatric medicine, parenthood and grandparenthood)

7.3.    Community Relations Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2004)

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

7.5.    School Advisory Board (one exclusive appointment - Councilmember Hubert; term expires April 2004) (insofar as possible, members shall have experience in educational matters, related occupations or other similar skills)

7.6.    Senior Citizen Advisory Board (two exclusive appointments - Mayor Truex; terms expire April 2004) (members shall be a minimum 60 years of age)

7.7.    Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2004) (insofar as possible, one member of the board shall be a licensed engineer)

8.      OLD BUSINESS
8.1.    Bid for Insurance - Risk Management (Pursuant to Council direction at the  September 15, 2003 workshop meeting)

9.      NEW BUSINESS
9.1.    Public Participation Options
 
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 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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