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TOWN OF DAVIE
REGULAR MEETING
SEPTEMBER 21, 2005
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PUBLIC HEARING - BUDGET
Resolution
3.1. VOTER APPROVED DEBT SERVICE MILLAGE RATE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ESTABLISHING THE MILLAGE RATE TO BE LEVIED FOR VOTER APPROVED DEBT SERVICE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006. {Approved on First Reading September 7, 2005 - all voted in favor}
Ordinances - Second and Final Reading
3.2. MILLAGE RATE - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, ESTABLISHING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006. {Approved on First Reading September 7, 2005 - all voted in favor}
3.3. BUDGET - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE BUDGET FOR THE TOWN OF DAVIE FOR THE FISCAL YEAR 2006. {Approved on First Reading September 7, 2005 - all voted in favor with Councilmember Paul dissenting}
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. August 1, 2005 (Workshop Meeting)
4.2. August 4, 2005 (Workshop Meeting)
Proclamation
4.3. Fire Prevention Week (October 9-15, 2005)
4.4. National Breast Cancer Awareness Month (October 2005) and National Mammography Day (October 21, 2005)
4.5. Make a Difference Day (October 22, 2005)
Resolutions
4.6. 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 ALEXANDRU AND MARIANNE KIRA; AND PROVIDING FOR AN EFFECTIVE DATE. (generally located along the north side of Ernest Boulevard, west of Hiatus Road)
4.7. RESTRICTIVE COVENANTS - A RESOLUTION OF THE TOWN OF DAVIE AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO EXECUTE AND FILE A DECLARATION OF RESTRICTIVE COVENANTS FOR THE VIELE HOUSE LOCATED AT THE OLD DAVIE SCHOOL SITE, PROVIDING FOR RECORDATION OF THE RESTRICTIVE COVENANTS, AND PROVIDING FOR AN EFFECTIVE DATE.
4.8. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROVAL OF THE HOLD HARMLESS AGREEMENT WITH MELVIN AND HELEN HAGGARD, AND PROVIDING FOR AN EFFECTIVE DATE.
4.9. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SELECTRON TECHNOLOGIES, INC. AS A SINGLE SOURCE PROVIDER FOR INTERACTIVE VOICE RESPONSE SYSTEM TO INTERFACE HTE BUILDING PERMIT SOFTWARE. ($39,400)
Temporary Use Permit
4.10. TU 7-3-05, St. Bonaventure Catholic Church, 1301 SW 136 Avenue (Family Festival) - November 10-13, 2005)
Quasi-Judicial Consent Agenda
4.11. SP 5-5-04, Shenandoah Square, 13600 State Road 84 (B-2) (tabled from September 7, 2005) Site Plan Committee recommended approval based on the planning report and these items: 1) that the color of this building is to match the existing center, even if it is two or three colors and to add a stucco band around the columns and the building which if it is to match the existing building, it would be white with a separation between the two colors; 2) the roof is to be a clay barrel tile to match the existing center (not cement); 3) the soffit
over the drive-thru at the south end should be pulled back to within one-foot of the face of the column to allow a 14-foot clear height underneath the roof overhang at the bypass lane; 4) on the east side of the existing eastern drive that is currently a one-way driveway, remove the current 45° angle parking spaces to reconfigure that area to a 22 to 24-foot two-way drive curbed on the east side adding a little bit of landscaping in what would become an island so that part of that area will allow a two-way drive circulation, all of which is to be reviewed by Engineering; 5) add a stop sign at the north end; and 6) that the stucco band which is to be added around the building and columns is to be three-feet above finished floor
4.12. SP 12-1-04, Flamingo Ranch Estates, 11900 SW 14 Street (A-1 (tabled from September 7, 2005) Site Plan Committee recommended approval based on the planning report and 1) to address the issue of the Rural Lifestyle Code §12-289(A)(2), “of the six-hundred-foot block” [block length is approximately 1,200 linear feet] regarding a required pathway into a community; 2) on the south property line, install a chain-link fence and a hedge on petitioner’s property, however, the hedge is to be maintained by the property
owners to the south; 3) on the recreation trail connection at the east, to be continued northeast and connect up to the horse trail which goes across the canal and continues east, as it crosses 14th Street, that it be marked as a crossing; and 4) at the trails on SW 121 Avenue and 14 Street, that the proper markings be made to make the crossings on both those roads
4.13. SP 10-2-04, Dunkin Donuts Restaurant, 3884 SW 64 Avenue (B-2) (tabled from August 17, 2005) Site Plan Committee recommended denial because the Committee was of the opinion that the Town would never accomplish what it expected of the downtown if it continued to approve parcel-by-parcel items which did not meet the intent of the Western Theme. The Committee decided on an addendum to its recommendation that the following comments be implemented into the site plan should the Council decide to reverse the Committee’s recommendation to
deny: 1) address the covered walkway on the north side of the building to be extended the entire length and that the east side of the building was totally barren; 2) the pavers at the corner are to match the current pattern; 3) look at the handicapped space location do to slope into the building; 4) bike racks are missing; 5) the Committee did not like the signage colors; and 6) parking arrangement has a dead end, no outlet parking area which does not work
Items Added
4.14. A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RATIFYING THE ACTIONS OF THE MAYOR IN DECLARING A STATE OF EMERGENCY WITHIN THE TOWN OF DAVIE DUE TO THE EFFECTS OF HURRICANE RITA; AND PROVIDING FOR AN EFFECTIVE DATE.
4.15. A RESOLUTION OF THE TOWN OF DAVIE, FL AUTHORIZING THE TOWN TO APPLY FOR A FLORIDA HIGHWAY BEAUTIFICATION GRANT OF UP TO $150,000; AND IF AWARDED, TO ACCEPT THE GRANT AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (WITH MATCHING FUNDS UP TO $150,000).
5. DISCUSSION OF CONSENT AGENDA ITEMS
6. PUBLIC HEARING
Ordinances - Second and Final Reading
6.1. VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 10-1-04 RICK CASE HYUNDAI, VACATING AN ADDITIONAL RIGHT-OF-WAY DEDICATION AS SHOWN ON THE PLAT OF POINTE WEST CENTER NORTH, AS RECORDED IN PLAT BOOK 172, PAGES 136 AND 137, OF THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (3550 Weston Road) {Approved on First Reading September 7, 2005 - all voted in favor}
6.2. AMENDED AGREEMENT - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE FIREFIGHTERS PENSION TRUST FUND TO CODIFY THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE TOWN AND THE IAFF; AMENDING SECTION FOUR OF THE PLAN TO PROVIDE FOR INCREASED EMPLOYEE CONTRIBUTIONS; AMENDING SECTION SIX OF THE PLAN TO INCREASE THE NORMAL RETIREMENT BENEFIT; AMENDING SECTION FOURTEEN OF THE PLAN TO INCREASE THE MAXIMUM PERIOD OF DROP PARTICIPATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN REPEALER;
AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading September 7, 2005 - all voted in favor}
6.3. FIREFIGHTER’S PENSION - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE FIREFIGHTERS PENSION TRUST FUND TO CONFORM WITH THE MINIMUM BENEFIT OF CHAPTER 175, FLORIDA STATUTES; AMENDING SECTION SIX OF THE PLAN TO PROVIDE FOR NORMAL RETIREMENT AT AGE FIFTY-FIVE WITH TEN YEARS OF SERVICE; AMENDING SECTION EIGHT OF THE PLAN TO PROVIDE FOR MINIMUM DISABILITY BENEFITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First
Reading September 7, 2005 - all voted in favor}
6.4. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 11-1-04, FARIDA PLAT, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: AG, AGRICULTURAL DISTRICT; TO: R-5, LOW MEDIUM DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (950 South Flamingo Road) Planning and Zoning Board recommended approval {Approved on First Reading September 7, 2005 - all voted in
favor}
Resolution
6.5. REPORT - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE DRAFT EVALUATION AND APPRAISAL REPORT FOR THE TOWN OF DAVIE COMPREHENSIVE PLAN; STATING THE INTENT OF THE TOWN COUNCIL TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; AND APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR INITIAL REVIEW IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES.
Site Plan/Quasi Judicial Item
6.6. SP 8-4-03, DiBenedetto Multi-Tenant Building, 5490 Griffin Road (Griffin Corridor District, East Gateway Use Zone 3) (tabled from August 17, 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
7.1. Airport Advisory Board (one exclusive appointment - Councilmembers Crowley and Paul; terms expire December 2005)
7.2. School Advisory Board (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)
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 Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, one member shall be a licensed engineer)
8. OLD BUSINESS
9. NEW BUSINESS
9.1. Relocation of Town Council, and Planning & Zoning Meeting - Councilmember Paul
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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