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TOWN OF DAVIE
REGULAR MEETING
JULY 20, 2005
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. APPROVAL OF CONSENT AGENDA
Minutes
3.1. June 13, 2005 (Workshop Meeting)
3.2. June 15, 2005 (Regular Meeting)
Resolutions
3.3. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR CAFETORIUM RENOVATION AT OLD DAVIE SCHOOL. (Airmatic Controls, Inc. - $104,975)
3.4. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FERTILIZER. (lowest responsive and responsible bidder)
3.5. CHANGE ORDER - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NUMBER 6 TO THE CONTRACT BETWEEN THE TOWN AND MORGAN GENERAL MECHANICAL GROUP, INC. FOR THE CONSTRUCTION OF A FUEL ISLAND AT THE POLICE & FIRE/EMS FACILITY. ($12,250)
3.6. RATIFICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RATIFYING BANK UNITED, F.S.B., AS A LENDER AND PARTICIPANT IN THE DAVIE COMMUNITY REDEVELOPMENT AGENCY’S COMMERCIAL LOAN SUBSIDY PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
3.7. CAPITAL IMPROVEMENTS PROGRAM - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, PROVIDING THAT THE OBLIGATIONS SET FORTH WITHIN THE CONCEPTUAL PARK MANAGEMENT PLAN FOR SITE OS-05, ALSO KNOWN AS THE SUNDANCE AT DAVIE PARCEL, WILL BE INCLUDED WITHIN THE TOWN’S 5-YEAR CAPITAL IMPROVEMENTS PROGRAM.
3.8. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE ACQUISITION, IMPROVEMENT, OPERATION AND MANAGEMENT OF OPEN SPACE SITE OS-05, ALSO KNOWN AS SUNDANCE; AND AUTHORIZING THE EXECUTION AND FILING OF A DECLARATION OF RESTRICTIVE COVENANTS FOR THE SITE.
3.9. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN COUNCIL TO ENTER INTO AN AGREEMENT WITH WESTBROOKE COMPANIES INC., AMENDING THE AGREEMENT TO DEDICATE LAND BETWEEN THE TOWN OF DAVIE AND WESTBROOKE COMPANIES, INC. AND PROVIDING AN EFFECTIVE DATE.
3.10. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN COUNCIL TO ENTER INTO AN AGREEMENT WITH WASTE MANAGEMENT INC., OF FLORIDA AUTHORIZING WASTE MANAGEMENT INC., OF FLORIDA TO INDEMNIFY AND HOLD HARMLESS THE TOWN FOR DAMAGES AND FEES INCURRED BY THE TOWN PURSUANT TO LITIGATION IN DEFENSE OF THE TOWN’S EXCLUSIVE FRANCHISE AGREEMENT WITH WASTE MANAGEMENT INC., OF FLORIDA AND PROVIDING AN EFFECTIVE DATE.
3.11. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO A DEVELOPERS AGREEMENT BETWEEN THE TOWN OF DAVIE AND DREAM HOMES OF DAVIE, LLC, FOR THE INSTALLATION AND MAINTENANCE OF MONUMENT SIGNS AND LANDSCAPE MATERIALS WITHIN THE RIGHT-OF-WAY; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (DA 1-2-05, Dream Homes of Davie, LLC, generally located on the north side of Orange Drive at the intersection of SW 105 Avenue)
3.12. DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO CHANGE THE DECLARATION OF RESTRICTIVE COVENANTS FOR LAKESIDE TOWN SHOPS, AND PROVIDING AN EFFECTIVE DATE. (DA 5-3-05, Lakeside Town Shops, 5700 University Drive)
3.13. LIEN SUBORDINATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUBORDINATING THE LIEN OF THE TOWN OF DAVIE ON PROPERTY OWNED BY DAVIE TRAVEL CENTER, INC. WITH RESPECT TO CERTAIN MORTGAGE INDEBTEDNESS AND PROVIDING AN EFFECTIVE DATE.
3.14. FIRE RESCUE ASSESSMENT RATE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Quasi-Judicial Consent Agenda
3.15. PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “ANYA PLAT NO. 1” AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE THE APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SUCH PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 2-2-05, Anya Group Inc., 1525 SW 112 Avenue) Planning and Zoning Board recommended approval
3.16. SP 2-4-03, Oak Scholar Academy Charter School, 3655 Shotgun Road (AG) (tabled from July 6, 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
3.17. SP 6-11-04, Forest Lawn Funeral Home, 2401 Davie Road (B-2) Site Plan Committee recommended approval based on the planning report and these items: 1) that the applicant reconfigure the parking on the north side of the building to allow a designated drop-off sidewalk that goes from the front of the building to the driveway; 2) that on the west side of the building, under the covered area abutting the building and flush with the driveway, to provide a four-foot area along the entire length of the building done in pavers for a pedestrian walkway; 3) that the garage door on the east side be a paneled garage door
and that the structure over the top of it be arched similar to the entrance way; and 4) that the final site plan and landscaping plans be submitted to staff for review of the changes to determine that they are compliant with Code
3.18. SP 11-2-04, Wachovia-Lakeside, 5700 South University Drive (UC) Site Plan Committee recommended approval subject to the staff’s comments and that the front entrance doors would have six-feet from the doors to the edge of the “drip line” of the front roof, and that it be done by whatever means the petitioner needed to do it
4. DISCUSSION OF CONSENT AGENDA ITEMS
5. PUBLIC HEARING
Ordinances - Second and Final Reading
5.1. 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 July 6, 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}
5.2. REVISION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE ESTIMATED REVENUES AND APPROPRIATIONS FOR THE FISCAL YEAR 2005. {Approved on First Reading July 6, 2005 - all voted in favor}
Resolution
5.3. CDBG ACTION PLAN - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN FOR FY 2005/06 WHICH INCLUDES THE CDBG PROGRAM BUDGET; AUTHORIZING THE TOWN ADMINISTRATOR TO EXECUTE ALL NECESSARY CERTIFICATIONS AND GRANT RELATED DOCUMENTS; AUTHORIZING MINOR, NON-SUBSTANTIVE CHANGES TO THE ACTION PLAN WHICH MAY BE IDENTIFIED DURING THE REVIEW AND APPROVAL PROCESS WHICH DO NOT SIGNIFICANTLY AFFECT THE PURPOSE, SCOPE, BUDGET, OR INTENT OF THE PLAN; BY AUTHORIZING REFORMATTING OF THE ACTION PLAN IF REQUESTED BY HUD; AND AUTHORIZING THE SUBMISSION OF THE ACTION
PLAN TO HUD.
Ordinance - First Reading (Second and Final Reading to be held August 3, 2005)
5.4. 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 July 6, 2005) Planning and Zoning Board recommended approval
Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held August 3, 2005)
5.5. 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 from July 6, 2005) Planning and Zoning Board recommended denial
Quasi Judicial Item
5.6. SPECIAL PERMIT - SE 3-2-05, Dempsey, 5451 SW 64 Avenue (CF) Planning and Zoning recommended approval subject to a 36 month time line
Site Plan/Quasi Judicial Item
5.7. SP 8-4-03, DiBenedetto Multi-Tenant Building, 5490 Griffin Road (Griffin Corridor District, East Gateway Use Zone 3) (tabled from June 15, 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
Item to be tabled
5.8. STAFF REQUESTING A TABLING TO AUGUST 3, 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. {Approved on First Reading June 15, 2005 - all voted in favor}
6.1. Airport Advisory Board (one exclusive appointment - Councilmembers Crowley and Paul; terms expire December 2005)
6.2. School Advisory Board (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)
6.3. Senior Citizen Advisory Committee (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (members shall be a minimum 60 years of age)
6.4. Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2006) (insofar as possible, one member shall be a licensed engineer)
7. OLD BUSINESS
8. NEW BUSINESS
8.1. Legislative Update - Representative Susan Goldstein
8.2. Miami Dolphins for Guns & Hoses Assistance
8.3. Rising Stars/PONY National Girls Fast-Pitch Softball Championship - A Thank You from the Governer
8.4. Supreme Court Decision on Eminent Domain
9. MAYOR/COUNCILMEMBER’S COMMENTS
10. TOWN ADMINISTRATOR’S COMMENTS
11. TOWN ATTORNEY’S COMMENTS
12. 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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