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Town Council Agenda 05/04/2005
TOWN OF DAVIE
REGULAR MEETING
MAY 4, 2005
7:00 P.M.

1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      OPEN PUBLIC MEETING

4.      APPROVAL OF CONSENT AGENDA
Minutes
4.1.    March 11, 2005 (Goal Setting Workshop) (tabled from April 20, 2005)
4.2.    April 7, 2005 (Regular Meeting)
4.3.    April 11, 2005 (Workshop Meeting)

Proclamation
4.4.    Days of Remembrance (May 1 - 8, 2005)

Home Occupational Licenses
4.5.    Southern Scapes Lawn & Landscape Maint. Inc., 14241 SW 20 Street (tabled from April 20, 2005)
4.6.    Tint Biz Inc., 2201 SW 112 Avenue

Resolutions
4.7.    MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIEN IN CASE NO. 87-79 FROM $73,015.82 TO $16,772.66; AND PROVIDING AN EFFECTIVE DATE.

4.8.    MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIEN IN CASE NO. 02-286 FROM $20,000.00 TO $2,109.19; AND PROVIDING AN EFFECTIVE DATE.

4.9.    MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIENS IN CASE NO. 04-136 FROM $10,200.00 TO $1,423.19; AND PROVIDING AN EFFECTIVE DATE.

4.10.   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.  (October 25, 2005 - $500 arena rental fee)

4.11.   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN LEWIS SPECTOR AND THE TOWN OF DAVIE.  (September 10, 2005 - $1,000 arena rental fee)

4.12.   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT BETWEEN THE GOLDCOAST DOG CLUB, INC.  FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR UKC DOG CONFORMATION AND OBEDIENCE TRIALS.  (November 5-6, 2005 - $1,000 arena rental fee)

4.13.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR COACH BUS SERVICE.  (American Coach Lines of Miami - $46,100/year

4.14.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CONSTRUCTION OF A PARKING LOT AND A TURN LANE FOR FALCON’S LEA PARK.  (Budget Construction Co., Inc. - $115,471)

4.15.   GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE REQUEST FOR A $685,000 FEDERAL APPROPRIATION FROM THE EPA STATE AND TRIBAL ASSISTANCE GRANT PROGRAM, AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED (WITH $565,000 MATCHING FUNDS).

4.16.   GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR A GRANT FROM BROWARD BEAUTIFUL GREENSHADE FOR $15,000 WITH $7500 IN MATCHING FUNDS; AND IF AWARDED THE GRANT, AUTHORIZING ITS ACCEPTANCE AND EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

4.17.   GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DEVELOPMENT OF A CONTINUITY OF OPERATIONS PLAN FOR ALL HAZARD HOMELAND SECURITY AND ACCEPTING $12,430.00 IN GRANT FUNDING TO IMPLEMENT THE PROJECT.

4.18.   ENGINEERING SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING VARIOUS FIRMS TO PERFORM CONTINUING ENGINEERING SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AGREEMENTS FOR SUCH SERVICES.

4.19.   DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE DELEGATION REQUEST DG 1-2-05 TO AMEND THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS SCARBOROUGH II; AND PROVIDING AN EFFECTIVE DATE.  (DG 7-1-04, Scarborough II, 10650 State Road 84)

4.20.   PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “DEEB PLAT” 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 9-1-04, Deeb Plat, 3884 SW 64 Avenue)

Temporary Use Permits
4.21.   TU 4-1-05, South Florida Parenting Magazine, 1904 South University Drive (fair - May 7, 2005)
4.22.   TU 1-5-05, Helping You Help, Inc., 3550 South University Drive (fundraiser)

Quasi-Judicial Consent Agenda
4.23.   SP 3-5-04, Admiral’s Boys & Girls Club, 6500 Nova Drive (CF) Site Plan Committee recommended approval based on the planning report and the following: 1) that the shutters on the north side of the building be raised to be above the windows rather than at midpoint as shown on the elevation; 2) that a crosswalk marking be added at the main entrance where the sidewalk crosses the road; and 3) add a bollard at the northwest door at the gym to protect against any vehicles backing up

4.24.   SP 10-1-04, Rickell-Say’s Plaza, 6650 Stirling Road (B-3) Site Plan Committee recommended approval based on the planning report and the following:  1) that stucco bands be added on the west side of building two and on the south side of building one; 2) on E-1, adjust the walkway to match SP-1; 3) add two dumpsters, one in the front and one in the rear; 4) to look at the office/retail uses, as it appears there is not enough parking; 5) eliminate the five-foot wide walk-thru area; 6) bring back the color samples at another time; 7) revisit where handicapped ramp approaches sidewalk; 8) if the second floor areas are to be kept, then on bays 36, 37, 38, 29, 30 and 31, doors be added to the back terraces; 9) on the south area of building two, add three eight-foot Acacias; 10) on the northwest, change the trees to Oaks; 11) on Stirling Road, line up the two Oak trees at the main entrance so that they are parallel and the same distance to the road; 12) that in six months, the two-foot landscaping under the car overhang be inspected to see if it is a problem; and 13) that everyone on the Committee agreed that the parking was not sufficient for the area, that it be noted in the report, that the item be moved forward; however, it was the applicant’s business

4.25.   SP 1-3-05, Pine Island Park, 3801 Pine Island Road (RS)  Site Plan Committee recommended approval subject to the planning report

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinance - Second and Final Reading
6.1.    CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA ADOPTING RULES AND REGULATIONS ALLOWING THE DAVIE TOWN COUNCIL TO HEAR AND APPROVE DEVELOPMENT APPLICATIONS WITHOUT THE RECOMMENDATION OF THE PLANNING AND ZONING BOARD UNDER SPECIFIC CIRCUMSTANCES; AMENDING THE PROCEDURES SET FORTH WITHIN THE TOWN CODE FOR SITE PLAN APPLICATIONS UNDER SECTION 12-371 (C) OF THE DAVIE LAND DEVELOPMENT CODE, APPLICATIONS FOR REZONINGS UNDER SECTION 12-307 (B) (1), APPLICATIONS FOR VARIANCES UNDER SECTION 12-309 (C) (1), AND APPLICATIONS FOR SPECIAL PERMITS UNDER SECTION 12-308 (2) (a), APPLICATIONS FOR VACATIONS OR ABANDONMENTS OF RIGHT-OF-WAY UNDER SECTION 12-310 (B) (1) TO ALLOW DEVELOPMENT APPLICATIONS TO BE HEARD AND APPROVED BY THE DAVIE TOWN COUNCIL WITHOUT THE RECOMMENDATION OF THE PLANNING AND ZONING BOARD OR LOCAL PLANNING AGENCY UNDER SPECIFIC CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 20, 2005 - all voted in favor}

Ordinances - First Reading (Second and Final Reading to be held May 18, 2005)
6.2.    BOND REFERENDUM - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE DAVIE TOWN COUNCIL TO SUBMIT TO THE VOTE OF THE RESIDENTS OF DAVIE BY REFERENDUM, A MEASURE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS NOT TO EXCEED $25,000,000.00 FOR THE PURPOSE OF PRESERVING OPEN SPACE, PROTECTING NATURAL ACRES FROM OVER-DEVELOPMENT, PRESERVING AND IMPROVING WILDLIFE HABITAT, PRESERVING THE WATER QUALITY OF WATER BODIES WITHIN THE TOWN OF DAVIE, THE CONSTRUCTION AND MAINTENANCE OF PARKS AND THE COMPLETION OF THE TOWN OF DAVIE’S RECREATIONAL TRAIL SYSTEM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Ordinances - First Reading/Quasi Judicial Item (Second and Final Reading to be held May 18, 2005)
6.3.    REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 8-1-04 REGENCY SQUARE, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: PUD (BROWARD COUNTY); TO: B-3, PLANNED BUSINESS CENTER DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 8-1-04, Regency Square, Regency Square at Broward Joint Venture/C. William Laystrom Jr., 4900 SW 148 Avenue) (tabled from April 20, 2005) Planning and Zoning Board recommended approval subject to the condition of an eight-foot wall as requested by the residents and that the developer look at some kind of added landscaping

6.4.    REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 9-2-04 SCARBOROUGH II, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: CF, COMMUNITY FACILITIES DISTRICT; TO: B-2, COMMUNITY BUSINESS DISTRICT AND ALLOCATING COMMERCIAL FLEXIBILITY; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 9-2-04, Scarborough Land Development, Inc., 10650 State Road 84) Planning and Zoning Board recommended approval

Quasi-Judicial Items
6.5.    VARIANCE - V 2-2-05, R & R Davie, LLC, 3550 Weston Road (BP) (tabled from April 20, 2005) (to increase the maximum total sign area from 150 square feet to 289.5 square feet at the street right-of-way) No recommendation from Planning & Zoning Board because a voting quorum could not be reached

6.6.    VARIANCE - V 2-3-05, R & R Davie, LLC, 3550 Weston Road (BP) (tabled from April 20, 2005) (to increase the height of free standing signs from 15 feet to 59 feet and to increase the maximum sign area from 160 square feet to 208 square feet) No recommendation from Planning & Zoning Board because a voting quorum could not be reached

6.7.    VARIANCE - V10-1-04, Home Dynamics Corporation, 4621 SW 58 Avenue (R) (to reduce the minimum lot area from 35,000 square feet to 20,000 square feet) Planning & Zoning Board recommended approval

Site Plan/Quasi Judicial Item
6.8.    SP 8-4-03, DiBenedetto Multi-Tenant Building, 5490 Griffin Road (Griffin Corridor District, East Gateway Use Zone 3) (tabled from February 16, 2005) Site Plan Committee recommended approval based on the planning report and 1) that the engineering and landscape plans be brought back before this Committee corrected and matching the site plan with consistent landscaping throughout the property; 2) that the drainage issues be addressed; 3) to reduce the number of steps coming from the parking area to one, five-foot wide; 4) that the applicant apply for a parking variance; and 5) that the tabulations for parking reflect the daytime use and nighttime use

7.      APPOINTMENTS
7.1.    Child Safety Board (one exclusive appointment - Mayor Truex; term expires April 2006) (whenever possible, members shall have interest and expertise in law enforcement, elementary school instruction, child psychology, pediatric medicine, parenthood and grandparenthood)

7.2.    Planning and Zoning Board/Local Planning Agency (one exclusive nomination - Mayor Truex - must be a resident and qualified voter; nomination requires Council approval) (term May 25, 2005 to May 23, 2006)

7.3.    School Advisory Board (one exclusive appointment - Councilmember Paul; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)

7.4.    Senior Citizen Advisory Committee (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (members shall be a minimum 60 years of age)

7.5.    Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex; terms expire April 2006) (insofar as possible, one member shall be a licensed engineer)

8.      OLD BUSINESS
8.1.    Reconsideration of Bid for Construction of the Public Works/Fire Administration Building and the Public Works Storage Building (tabled from April 20, 2005)

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CONSTRUCTION OF THE PUBLIC WORKS/FIRE ADMINISTRATION BUILDING AND THE PUBLIC WORKS STORAGE BUILDING.  (Double E Contracting, Inc. - $2,457,887)

9.      NEW BUSINESS
9.1.    Broward County Airport Noise Abatement Committee (tabled from April 20, 2005)
9.2.    Child Safety Act

10.     MAYOR/COUNCILMEMBER’S COMMENTS

11.     TOWN ADMINISTRATOR’S COMMENTS

12.     TOWN ATTORNEY’S COMMENTS

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 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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