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Town Council Agenda 12/07/05
TOWN OF DAVIE
REGULAR MEETING
DECEMBER 7, 2005
7:00 P.M.

1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      OPEN PUBLIC MEETING

4.      PRESENTATION - SPECIAL COUNSEL SUSAN DELEGAL

5.      APPROVAL OF CONSENT AGENDA
Minutes
5.1.    October 5, 2005 (Regular Meeting)
5.2.    October 19, 2005 (Regular Meeting)
5.3.    October 24, 2005 (Emergency Meeting)
5.4.    October 28, 2005 (Special Meeting)
5.5.    October 31, 2005 (Special Meeting)
5.6.    November 2, 2005 (Regular Meeting)

Proclamation
5.7.    Rick Case Bike for Kids Day (December 7, 2005)

Home Occupational Licenses
5.8.    BHT Comics, 14201 SW 31 Court
5.9.    Davie Wholesale, 3311 SW 118 Terrace
Resolutions
5.10.   SETTLEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN COUNCIL TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN CARMAX AUTO SUPERSTORES, INC. AND THE TOWN OF DAVIE IN CASE NUMBER 04-011773(08), AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from November 16, 2005)

5.11.   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ENTER INTO A DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT (FM #411323-1-52-02) FOR TRAFFIC WAYS BEAUTIFICATION FOR I-595 AND STATE ROAD 817 WITHIN THE TOWN OF DAVIE AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACKNOWLEDGE SUCH  APPROVAL BY AFFIXING THEIR SIGNATURES TO SUCH DOCUMENT.  (not budgeted - approximately $4,000/annually)

5.12.   CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER 3 TO THE CONTRACT BETWEEN THE TOWN AND FIRST VEHICLE SERVICES FOR GARAGE MAINTENANCE OPERATIONS, AND PROVIDING FOR A TARGET BUDGET.  ($1,254,062)

5.13.   GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING FROM THE BROWARD COUNTY MASS TRANSIT, COMMUNITY BUS SERVICE PROGRAM, ON BEHALF OF THE SOUTH FLORIDA EDUCATION CENTER, TRANSPORTATION MANAGEMENT ASSOCIATION.

5.14.   GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR A $4,179.50 GRANT FROM THE MUNICIPAL PARKS RECYCLING GRANT PROGRAM; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED.  (no Town funds needed)

5.15.   BOARD EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE AIRPORT ADVISORY BOARD FOR ONE YEAR.

5.16.   EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING CERTAIN EASEMENTS FROM SUNDANCE AT DAVIE, INC., PROPERTY OWNER; AND PROVIDING AN EFFECTIVE DATE.

5.17.   PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE PLAT KNOWN AS “STIRLING TRIANGLE II” 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 4-2-05, Stirling Road Triangle II, Associated Engineers of South Florida Inc./Stirling Triangle Professional Building Corp., 6115 Stirling Road) Planning and Zoning Board recommended approval

5.18.   NON-VEHICULAR ACCESS LINE REVISION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE NON-VEHICULAR ACCESS LINE OF THE “HULMES PLAT”, AND PROVIDING AN EFFECTIVE DATE.  (DG 5-2-05, Pirtle Office Building, 5700 Griffin Road)

5.19.   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 “HULMES PLAT,” AND PROVIDING AN EFFECTIVE DATE.  (DG 5-3-05, Pirtle Office Building, 5700 Griffin Road)

5.20.   DELETION OF EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, DELETING A 50-FOOT ACCESS EASEMENT BETWEEN PARCELS “A” AND “B,” AS WELL AS A 24-FOOT ACCESS EASEMENT WITHIN PARCEL “B” FROM THE HULMES PLAT; AND PROVIDING AN EFFECTIVE DATE.  (DG 9-4-05, Pirtle Office Building, 5700 Griffin Road)

5.21.   MITIGATION GUIDELINES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ADOPTING REVISED CODE ENFORCEMENT MITIGATION GUIDELINES RELATIVE TO CODE ENFORCEMENT FINES OR LIENS

Temporary Use Permits
5.22.   TU 7-4-05, St. Bernadette Church, 7450 Stirling Road (carnival)
5.23.   TU 8-1-05, Lowell Homes-Provence, southeast corner of SW 127 Avenue and SW 14 Street (temporary construction trailer)
5.24.   TU 9-9-05, Nova Southeastern University, 3301 College Avenue (festival)

Quasi-Judicial Consent Agenda
5.25.   SP 6-4-04, Medical Center, 3100 North University Drive (B-2) Site Plan Committee recommended approval based on the planning report; that a paver crosswalk be added across the entrance at University Drive and that a raised, keystone decorative element be added to the west elevation with the address numbers on it

5.26.   SP 1-1-05, Quality Homes Estates, 5151 SW 76 Avenue (R-3) Site Plan Committee recommended approval based on the planning report and to substitute the 14-foot Holly trees in the front with eight-to-ten foot tall Holly trees and make up the difference in the reduce heights by adding eight-to-ten foot tall Cypress trees in the retention area.  If the Central Broward Water Control District does not allow the Cypress trees in the retention area, then the applicant would plant 16-foot tall Live Oak trees (instead of 14-foot tall) along the streetscape to makeup the height loss

5.27.   SP 4-7-05, Pirtle Office Building, 5700 Griffin Road (Griffin Road Corridor East Gateway Zone) Site Plan Committee recommended approval based on the planning report and the following:  1) to add six awnings at the north elevation at each end above the second floor windows which are above the little balconies (three on each side); 2) that the applicant look into a cross-access agreement with the property owners to the west; 3) on the first floor north elevation, move the existing wall with four doors back five feet to the south to create an open covered walkway and that there be adjustments made to the openings as discussed in order to work with the parking beyond; 4) the Committee recommends as a waiver, a three-foot landscape screen be provided adjacent to the parking areas on either side of the building in lieu of the three-foot wall called for in the Code; 5) the Committee approved of the uses at this location (minus item six in the planning report); and 6) that at the street line, there be a paver crosswalk if allowed by DOT, otherwise there should be crosswalk striping

5.28.   SP 4-9-05, Steak N’ Shake, Lakeside - Town Shoppes, 5480 SW 70 Avenue (CC) Site Plan Committee recommended approval based on the planning report; that there be striping at all crosswalks on the site; that on the west elevation, on the raised stone element, that it be made their main sign; and that the 14- to 16-foot tall double Alexanders in front of that stone element be substituted with a 5- to 6-foot double Phoenix Roebelenii

6.      DISCUSSION OF CONSENT AGENDA ITEMS

7.      PUBLIC HEARING
Ordinances - First Reading (Second and Final Reading to be held December 21, 2005)
7.1.    CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING CODE AMENDMENT APPLICATION ZB(TXT)10-1-05, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF DAVIE, BY AMENDING SECTION 12-286 ENTITLED RURAL LIFESTYLE REGULATION, SUBSECTION (B); PROVIDING SUPPLEMENTAL REGULATIONS FOR FENCES; AMENDING SECTION 12-309(A) ENTITLED REVIEW FOR VARIANCES; PROVIDING FOR FENCE DESIGN VARIANCES IN THE RURAL LIFESTYLE; AMENDING SECTION 12-34 ENTITLED STANDARDS ENUMERATED SUBSECTION (B) ANIMALS ADDING SUBSECTION (12); PROVIDING FOR INTENT SECTION AND  REGULATIONS FOR THE MAINTENANCE OF HOBBY FARMS; AND AMENDING SECTION 12-503 ENTITLED DEFINITIONS; PROVIDING FOR DEFINITIONS FOR HOBBY FARMS; AND PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.  (tabled from November 7, 2005)

7.2.    PENSION PLAN 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.

7.3.    PENSION PLAN AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE POLICE PENSION PLAN TO COMPLY WITH CHAPTER 185, FLORIDA STATUTES; AMENDING THE DEFINITION OF COMPENSATION IN SECTION 1.7 TO INCLUDE UP TO 120 HOURS OF OVERTIME; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE.

Quasi Judicial Items
7.4.    SPECIAL PERMIT - SE 6-1-05, O’Brien/Sam Jazaryi, Nova 95, Inc., 2240 SW 71 Terrace (M-1, Old Code) (permit for an outdoor running track) (tabled from October 5, 2005) Planning and Zoning recommended approval

7.5.    SITE PLAN - SP 8-4-03, DiBenedetto Multi-Tenant Building, 5490 Griffin Road (Griffin Corridor District, East Gateway Use Zone 3) (tabled from September 21, 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

8.      APPOINTMENTS
8.1.    Airport Advisory Board (one exclusive appointment - Councilmembers Crowley and Paul; terms expire December 2005)

8.2.    Community Redevelopment Agency (one exclusive appointment - Councilmember Paul; term expires April 2006) (members shall either reside or engage in business within the jurisdiction of the Town)

8.3.    Open Space Advisory Committee Agency (one exclusive appointment - Vice-Mayor Hubert; term expires April 2006)

8.4.    Parks and Recreation Advisory Board Agency (one exclusive appointment - Councilmember Crowley; term expires April 2006) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

8.5.     School Advisory Board (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)

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

8.7.    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)

9.      OLD BUSINESS

10.     NEW BUSINESS
10.1.   Florida Power and Light Hurricane Issues
10.2.   Best Practices Analysis of the Town's Purchasing Policies and Procedures
10.3.   I-595 East West Transit

11.     MAYOR/COUNCILMEMBER’S COMMENTS

12.     TOWN ADMINISTRATOR’S COMMENTS

13.     TOWN ATTORNEY’S COMMENTS

14.     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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