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TOWN OF DAVIE
REGULAR MEETING
OCTOBER 20, 2004
6:30 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PRESENTATIONS
3.1. Second Quarter Employee Recognition Awards
3.2. Memorial Healthcare Systems - Eastside Neighborhood Revitalization Program
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. July 27, 2004 (Workshop Meeting) (tabled from October 6, 2004)
4.2. August 4, 2004 (Regular Meeting) (tabled from October 6, 2004)
4.3. August 24, 2004 (Workshop Meeting)
4.4. September 7, 2004 (Regular Meeting)
4.5. September 14, 2004 (Regular Meeting)
4.6. September 21, 2004 (Special Meeting)
Proclamation
4.7. National Epilepsy Awareness Month (November 2004)
Resolutions
4.8. PETITIONER REQUESTING A TABLING TO NOVEMBER 3, 2004
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, G.L. HOMES OF DAVIE ASSOCIATES III, LTD. AND LONG LAKE RANCHES WEST HOMEOWNERS ASSOCIATION, INC., TO CONSENT TO THE PERPETUAL ENCROACHMENT OF IMPROVEMENTS RELATED TO SODDING AND LANDSCAPING ONTO THE HIATUS ROAD RIGHT-OF-WAY; TO GRANT THE LONG LAKE RANCHES WEST HOMEOWNERS ASSOCIATION, INC., A NON-EXCLUSIVE EASEMENT ONTO THE HIATUS ROAD RIGHT-OF-WAY FOR MAINTAINING THE IMPROVEMENTS; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THE SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 6-1-04, Long Lake Ranches Plat III, 3201 Hiatus Road) (tabled from October 6, 2004)
4.9. LIEN SUBORDINATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUBORDINATING THE LIEN OF THE TOWN OF DAVIE ON PROPERTY OWNED BY JOLMY ENTERPRISES, INC. WITH RESPECT TO CERTAIN MORTGAGE INDEBTEDNESS AND PROVIDING AN EFFECTIVE DATE. (tabled from October 6, 2004)
4.10. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE SELECTION OF GAME TIME FOOD & BEVERAGE SERVICES INC. AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR CONCESSIONAIRE SERVICES AT DAVIE PINE ISLAND PARK. (projected first year revenue of $20,400) (tabled from October 6, 2004)
4.11. GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR A $24,150 GRANT FROM U.S. DEPARTMENT OF HOMELAND SECURITY’S 2004 FIRE PREVENTION AND SAFETY GRANT PROGRAM; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED (WITH $10,350 MATCHING FUNDS).
4.12. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR HORSE CROSSINGS. (Asphalt Paving Specialists, Inc. - $25,000)
4.13. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR ROOF REPAIR AT OLD DAVIE SCHOOL. (Colonial Roof Services - $27,180)
4.14. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SALTZ MICHELSON ARCHITECTS FOR MISCELLANEOUS ARCHITECTURAL SERVICES.
4.15. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CPZ ARCHITECTS, INC. FOR MISCELLANEOUS ARCHITECTURAL SERVICES.
4.16. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A TRI-PARTY AGREEMENT BETWEEN THE DAVIE-COOPER CITY CHAMBER OF COMMERCE, THE TOWN OF DAVIE AND THE DAVIE COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING THE EXECUTION OF SAME BY THE APPROPRIATE OFFICIALS OF THE TOWN; AND PROVIDING FOR AN EFFECTIVE DATE. ($364,000)
4.17. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EASEMENT AGREEMENT BETWEEN THE DAVIE-COOPER CITY CHAMBER OF COMMERCE, THE TOWN OF DAVIE AND THE DAVIE COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING THE EXECUTION OF SAME BY THE APPROPRIATE OFFICIALS OF THE TOWN; AND PROVIDING FOR AN EFFECTIVE DATE.
4.18. 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 LAKESIDE VILLAGE AT DAVIE, LLC., FOR THE INSTALLATION OF IMPROVEMENTS TO SATISFY TRAFFIC CONCURRENCY RELATING TO THE LAKESIDE VILLAGE AT DAVIE PLAT; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 9-1-04, Lakeside Village at Davie, 6990 Griffin Road)
4.19. EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TO ACCEPT A DRAINAGE EASEMENT FROM VISTA FILARE HOA AT THEIR TOT LOT TO INSTALL A DRAINAGE PIPE TO IMPROVE STORMWATER ROUTING IN THE AREA.
4.20. EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TO ACCEPT A DRAINAGE EASEMENT FROM PROSPER AND KIMBERLY LUGASSY AT 14404 S. ROYAL COVE CIRCLE, DAVIE, FL. 33325 TO INSTALL A DRAINAGE PIPE TO IMPROVE STORMWATER ROUTING IN THE AREA.
4.21. LAND USE CATEGORY SUPPORT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING THE CREATION OF TWO LAND USE CATEGORIES FOR ADOPTION INTO THE BROWARD COUNTY LAND USE PLAN; TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC), TO ASSIST IN IMPLEMENTING THE UNIFIED REDEVELOPMENT EFFORTS OF EACH LOCAL GOVERNMENT ALONG THE STATE ROAD 7/U.S. 441 CORRIDOR; AND AUTHORIZING THE MAYOR TO EXECUTE.
4.22. ANNEXATION OPPOSITION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, OPPOSING RECENT ACTIONS BY THE CITY OF COOPER CITY WITH RESPECT TO PROPOSED ANNEXATIONS OF PROPERTIES LOCATED WITHIN OR ADJACENT TO THE UNITED RANCHES NEIGHBORHOOD AND URGING THE BROWARD LEGISLATIVE DELEGATION TO DENY ANY HEARINGS REQUESTED BY THE CITY OF COOPER CITY UNTIL AFFECTED RESIDENTS ARE GRANTED THE OPPORTUNITY TO VOTE ON WHICH MUNICIPALITY THEY WISH TO BE ANNEXED INTO, AND PROVIDING AN EFFECTIVE DATE.
4.23. REQUEST TO MPO - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, REQUESTING THAT THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) MODIFY THE RECOMMENDED 2030 BALANCED NEEDS PLAN PROPOSED HIGHWAY PROJECTS AND THE PROPOSED 2030 LONG RANGE TRANSPORTATION PLAN; REQUESTING THAT CERTAIN PROPOSED HIGHWAY PROJECTS BE INCLUDED IN THE PROPOSED PLANS; REQUESTING THAT CERTAIN PROPOSED HIGHWAY PROJECTS BE REMOVED FROM THE PROPOSED PLANS; AND PROVIDING FOR AN EFFECTIVE DATE.
4.24. INTENT TO ISSUE TAX-EXEMPT BONDS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, INDICATING THE OFFICIAL INTENT OF THE TOWN COUNCIL TO ISSUE TAX-EXEMPT BONDS TO FINANCE THE COST OF VARIOUS CAPITAL PROJECTS OR FOR OTHER MUNICIPAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF
4.25. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN COUNCIL TO ENTER INTO AN AGREEMENT FOR THE APPOINTMENT OF CHRISTOPHER J. KOVANES AS THE INTERIM TOWN ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE.
4.26. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR EMERGENCY GENERATORS.
Quasi-Judicial Consent Agenda
4.27. PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE PLAT KNOWN AS “LAKESIDE VILLAGE AT DAVIE” 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 2-2-04, Lakeside Village at Davie, 6990 Griffin Road) Planning and Zoning Board recommended approval
4.28. SITE PLAN - SP 4-3-04, Montessori Institute of Broward, 12425 Orange Drive (B-3) Site Plan Committee recommended approval based on the planning report and that the following items be added: 1) on sheet A-1.1, that signage is not a part of this approval and there is a separate signage approval that the applicant has to go through at the staff level; 2) on sheet 3 of 9, eliminate reference to “Retention C“; 3) change “Retention A” on sheet A-1.1 to match sheet 3 of 9; 4) on sheet 4 of 9, add a
stop sign at the east side of the drop-off lane; 5) on sheet 4 of 9, add a curved island at the east entrance drive, reshape the south side for traffic flow and add Indian Hawthorne and three Fox Tail Palms in that island along with irrigation; 6) the a/c units on the end of the administration building is to be moved between the two sets of windows and put landscaping around the a/c units; 7) on the architectural plans, correct the plans to match the new elevations which showed the correct number of windows at the media center and at the registration buildings; 8) on sheet 4 of 9, correct the a/c pads/slabs to two slabs “they are entrance slabs not a/c pads”; 9) on sheet A-2.1, add doors to the plan at classrooms 10 through 14; 10) if covered walkways or covered drop-off areas are to be added, those modifications would need to be approved by the Town and should not be added without being reviewed; 11) for landscaping, a) add mid-high plantings at both sides of the
drop-off canopy; b) at the a/c areas, change the surrounding plantings from 30 inches to 48 inches; c) at both entries add mid-level accent plants; and d) note the hedge type at the perimeter of the site; and 12) on the photometric plan, adjust the lighting at the handicapped spots two parking area locations and at the west entry to try and even out the lighting levels to be close to two footcandles if possible
Temporary Use Permits
4.29. TU 9-1-04, Grove Creek, 12901 Orange Drive (construction trailer)
4.30. TU 9-2-04, Happy Holidays Seasonal Sales, 7911 Orange Drive (Christmas tree sales)
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 CHAPTER 12, CODE OF ORDINANCES, ENTITLED “LAND DEVELOPMENT CODE”, BY AMENDING ARTICLE XII THEREOF, ENTITLED “SUBDIVISION AND SITE PLANS”, BY AMENDING DIVISION 3 THEREOF ENTITLED “SITE PLAN REQUIREMENTS AND PROCEDURES”, BY CREATING SECTION 12-381 BY INTRODUCING STORMWATER POLLUTION PREVENTION REQUIREMENTS, WHICH ARE MANDATED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR VARIOUS CONSTRUCTION ACTIVITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
6.2. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 5-2-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT TO B-2, COMMUNITY BUSINESS DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 5-2-04, Toral/Lloyd, 4760 and 4820 SW 64 Avenue) Planning and Zoning Board recommended approval
Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held November 3,2004)
6.3. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 12-2-03/FX 12-1-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: A-1, AGRICULTURAL DISTRICT AND GRIFFIN CORRIDOR DISTRICT (WEST GATEWAY USE ZONE 1); TO: GRIFFIN CORRIDOR DISTRICT (WEST GATEWAY USE ZONE 1) AND ALLOCATING COMMERCIAL FLEXIBILITY; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 12-2-03/FX 12-1-03, Lakeside Village at Davie, 6990 Griffin Road) Planning and Zoning Board recommended approval subject to site plan approval
Ordinance - First Reading (Second and Final Reading to be held November 3, 2004)
6.4. DECLARATION OF RESTRICTIONS TERMINATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 9-1-04, TERMINATING THE DECLARATION OF RESTRICTIONS ENTERED INTO BY MARGARET VIELE ON APRIL 12, 1989, ON CERTAIN LANDS WITHIN THE TOWN OF DAVIE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (6990 Griffin Road)
Quasi-Judicial Items
6.5. VARIANCE - V 5-1-04, Progressive Development Group, Inc./Mobil Oil Corporation, 2399 South University Drive (B-2) (1) to reduce the distance from the proposed gas station lot line to a residential property for 250 feet to 25 feet; 2) to reduce the distance to another gas station from 250 feet to 200 feet; 3) to reduce the lot area from 43,450 square feet for a lot to be occupied by fuel pump islands to 40,057 square feet; 4) to allow the fuel pump canopy higher than the mean roof height of the convenience store; and 5) to reduce the landscape
buffer adjacent to the commercial property to the north from two feet to 4.9 feet) Planning and Zoning Board recommended approval of variances 1-4 and approved variance 5 as reflected on the plan presented and that the landscape plan should meet or exceed Code
6.6. VARIANCE - V 8-2-04, Cantillo, 4032 East Ridgeview Drive (A-1) (to reduce the minimum side setback from the property line from 30 feet to 25 feet) Planning and Zoning Board recommended approval
Items to be tabled
6.7. PETITIONER REQUESTING A TABLING TO NOVEMBER 3, 2004
SPECIAL PERMIT - SE 8-1-03, Lethbridge/Sunny Lake, 5400 Griffin Road (RO) (to fill any water body with material obtained from off-premises in excess of 3,000 cubic yards) (tabled from May 5, 2004) Planning and Zoning Board recommended denial
6.8. PETITIONER REQUESTING A TABLING TO NOVEMBER 17, 2004
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 5-3-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM B-3, PLANNED BUSINESS CENTER DISTRICT TO RM-10, MEDIUM DENSITY DWELLING DISTRICT; RESCINDING ORDINANCE NO. 84-16; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 5-3-04, Voight/Matrix University, LLC., 5250 and 5270 University Drive)
7.1. Agricultural Advisory Board (one exclusive appointment - Councilmember Starkey; term expires April 2006) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)
7.2. Child Safety Board (Councilmember Crowley and Starkey and Mayor Truex; terms expire April 2006) (whenever possible, members shall have interest and expertise in law enforcement, elementary school instruction, child psychology, pediatric medicine, parenthood and grandparenthood)
7.3. Open Space Advisory Committee Agency (one exclusive appointment - Mayor Truex; term expires April 2006)
7.4. School Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2006) (insofar as possible, members are to have experience in educational matters)
7.5. Senior Citizen Advisory Committee (one exclusive appointment - Councilmembers Crowley and Mayor Truex; two exclusive appointments - Councilmember Hubert; terms expire April 2006) (members shall be a minimum 60 years of age)
8. OLD BUSINESS
8.1. Rules for Public Participation
9. NEW BUSINESS
9.1. Community Chest - 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).
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