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TOWN OF DAVIE
REGULAR MEETING
JULY 6, 2005
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. OPEN PUBLIC MEETING
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. May 4, 2005 (Regular Meeting) (tabled from June 15, 2005)
4.2. June 1, 2005 (Regular Meeting)
Resolutions
4.3. DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE “WOLF FAMILY PLAT,” AND PROVIDING AN EFFECTIVE DATE. (DG 10-3-04, Lakeside Town Shops, 5700 University Drive) (tabled from June 15, 2005)
4.4. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE BIDS AWARDED BY BROWARD SHERIFF’S OFFICE FOR UNLEADED GASOLINE, SOUTHEAST FLORIDA COOPERATIVE PURCHASING GROUP BID NO. 5-3-8-049. (Mansfield Oil Company and Streicher Mobile Fueling)
4.5. MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIEN IN CASE NO. 04-452 FROM $31,250.00 TO $5,709.19; AND PROVIDING AN EFFECTIVE DATE. (Miranda)
4.6. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BROWN AND CALDWELL TO PROVIDE A WASTE WEIGHT GENERATION STUDY. ($119,600)
4.7. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BUDGET CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF THE DAVIE/COOPER CITY CHAMBER OF COMMERCE PARKING MODIFICATIONS. (Budget Construction Co., Inc. - $561,441.50)
4.8. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF MGT OF AMERICA TO PERFORM A PAY AND CLASSIFICATION STUDY AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.
4.9. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF C3TS TO PROVIDE ARCHITECTURAL SERVICES FOR THE NEW FLAMINGO ROAD FIRE STATION AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.
4.10. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO RENEW AND EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF HALLANDALE BEACH FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE TOWN OF DAVIE LICENSES AND INSPECTION REVIEW DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT.
4.11. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO A TRAFFIC CONCURRENCY AGREEMENT BETWEEN THE TOWN OF DAVIE, BROWARD COUNTY, AND R & R DAVIE, LLC FOR IMPROVEMENTS REQUIRED TO SATISFY REGIONAL ROAD CONCURRENCY FOR THE POINTE WEST CENTER NORTH PLAT; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 4-2-05, Rick Case Hyundai, 3550 Weston Road)
4.12. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO A TRAFFIC SIGNALIZATION AGREEMENT BETWEEN THE TOWN OF DAVIE, BROWARD COUNTY, AND LOWELL AT PROVENCE INC., FOR THE COST OF TRAFFIC SIGNALIZATION INSTALLATION RELATION TO FLAMINGO ROAD ESTATES PLAT; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 5-2-05, Flamingo Road Estates, generally located on the southwest corner of SW 14 Street between Flamingo Road and SW 127 Avenue)
4.13. RATIFYING SETTLEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING AND RATIFYING THE STIPULATION OF SETTLEMENT BETWEEN McDONALD’S RESTAURANT, McDONALD’S CORPORATION, DAVIE COMMUNITY REDEVELOPMENT AGENCY AND THE TOWN OF DAVIE IN CODE COMPLIANCE CASE NUMBER 04-521, AND PROVIDING FOR AN EFFECTIVE DATE.
4.14 AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN AND TOWN ADMINISTRATOR, CHRISTOPHER J. KOVANES; AND PROVIDING FOR AN EFFECTIVE DATE.
Quasi-Judicial Consent Agenda
4.15. SP 2-4-03, Oak Scholar Academy Charter School, 3655 Shotgun Road (AG) (tabled from June 1, 2005) Site Plan Committee recommended approval subject to compliance with the staff report and in addition 1) that the petitioner will install pavers in the four crosswalks of the 24-foot bypass drop-off area; 2) that the left-turn at the traffic circle be manually controlled by school staff during peak drop-off and pickup times; 3) that the sidewalk at the main entrance on the north side of the school shall be widened to an eight-foot clearance and move the decorative circles in order to achieve that widening; 4) that the
petitioner agrees to prohibit cafeteria deliveries during peak drop-off and pickup times; 5) that a can wash will be installed by the dumpsters; 6) that the Queen Palms in the courtyard areas will be changed to double Alexandra Palms 18-to 20-feet tall; 7) that the Bald Cypress on the south property line will be changed to Live Oaks; 8) that the Sabal Palms at the northeast and southeast corners of the buss drop-off entrance area will be changed to heights of 16-to 30-foot overall; 9) maintain lighting at 3.0 at the main entrance and drop-off and pickup lanes; and 10) that there shall be a real bell in the bell tower
4.16. MSP 8-1-04, Regency Plat, 4900 SW 148 Avenue (County, PUD) (tabled from June 15, 2005) Site Plan Committee recommended approval based on the one comment in the planning report and the addition that crosswalks and concrete pavers be added at each of the four entrances
4.17. SP 8-9-04, Regency Plat Parcel B, 4900 SW 148 Avenue (County, PUD) (tabled from June 15, 2005) Site Plan Committee recommended approval based on the planning report and 1) to add gutters to the drop-off canopy and the end of the walkway going to the drop-off canopy; 2) change the 14 “ROY” trees to 14 Fox Trail Palms, 14-foot overall height, match; and 3) change the 15 single Alexanders to five triple Alexanders, 14-foot overall height, subject to the planning staff’s approval
4.18. SP 11-1-04, Regency Plat Parcel C, 4900 SW 148 Avenue (County, PUD) (tabled from June 15, 2005) Site Plan Committee recommended approval based on the planning report and 1) that gutters be added to the drop-off canopy and the end of the attached and 2) that at the northeast corner, the three Sabal Palms be changed with Chinese Fan Palms, 14 foot, 16 foot, 18 foot overall height, staggered
4.19. SP 8-8-04, Regency Plat Parcel A, 4900 SW 148 Avenue (County, PUD) Site Plan Committee recommended approval based on the planning report and 1) that the previous landscape comments be addressed and corrected; 2) that the sidewalks be corrected so that they access the buildings in the right locations to doors; 3) add a sidewalk from building ‘C’ to the dumpster; 4) introduce a third paint color on the corner elements and perhaps around the entrances as well; 5) remove the keystone around the base recessed areas and add it to the entrance areas to make them a little nicer; and 6) when the color board is
revised, present it to staff for review before final approval
5. DISCUSSION OF CONSENT AGENDA ITEMS
6. PUBLIC HEARING
Ordinances - Second and Final Reading
6.1. 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 June 15, 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 {Approved on First Reading May 18, 2005 - all voted in favor}
6.2. PENSION AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE POLICE PENSION PLAN AS PROVIDED BY THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN AND THE FRATERNAL ORDER OF POLICE, LODGE 100; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading June 15, 2005 - all voted in favor with Councilmember Starkey absent}
6.3. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 2-1-05, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM R-3, LOW DENSITY DWELLING DISTRICT TO A-1, AGRICULTURAL DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 2-1-05, La Tierra De Monstera Deliciosa, 6838 SW 43 Court) Planning and Zoning Board recommended approval {Approved on First Reading June 15, 2005 - all voted in favor}
Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held July 20, 2005)
6.4. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 2-4-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AG, AGRICULTURAL DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 2-4-03, Oak Scholar of Broward, LLC, 3655 Shotgun Road) (tabled fro June 1, 2005) Planning and Zoning Board recommended denial
Ordinance - First Reading (Second and Final Reading to be held July 20, 2005)
6.5. VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 12-1-03, VACATING A PORTION OF THE 15 FOOT RIGHT-OF-WAY LYING SOUTH OF TRACT 40 AS SHOWN ON “FLORIDA FRUIT LANDS COMPANY’S SUBDIVISION NO. 1”, SECTION 21, TOWNSHIP 50 SOUTH, RANGE 40 EAST; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VA 12-1-03, Oak Scholar Academy Charter School, 3655 Shotgun Road) (tabled from June 1, 2005) Planning and Zoning Board recommended approval
6.6. REVISION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE ESTIMATED REVENUES AND APPROPRIATIONS FOR THE FISCAL YEAR 2005.
Item to be tabled
6.7. STAFF REQUESTING A TABLING TO JULY 20, 2005
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, DECLARING A MORATORIUM FOR A PERIOD OF ONE HUNDRED AND EIGHTY (180) DAYS COMMENCING UPON THE ADOPTION OF THIS ORDINANCE; STATING THE FINDINGS AND REASONS FOR A MORATORIUM; PROHIBITING THE FILING OF ANY APPLICATION FOR ANY ADULT ENTERTAINMENT FACILITY OR ANY OTHER APPLICATIONS PERMITTED UNDER THE DAVIE CODE OF ORDINANCES RELATED TO THE USE OF ANY BUILDING FOR THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY WITHIN THE TOWN OF DAVIE DURING THE MORATORIUM PERIOD; PROVIDING THE SCOPE OF THE MORATORIUM; PROVIDING FOR A DURATION; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE.
7.1. Airport Advisory Board (one exclusive appointment - Councilmembers Crowley and Paul; terms expire December 2005)
7.2. School Advisory Board (one exclusive appointment - Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)
7.3. Senior Citizen Advisory Committee (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (members shall be a minimum 60 years of age)
7.4. Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex and Councilmember Paul; terms expire April 2006) (insofar as possible, one member shall be a licensed engineer)
8. OLD BUSINESS
8.1. Spur Road Update - Michael Burke
8.2. 58th Street Park Project Changes
8.3. East-West Transit Analysis
9. NEW BUSINESS
9.1. Marty Rubinstein - Broward County School Board
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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