METING RESULTS!!! CITY OF POMPANO BEACH CITY COMMISSION MEETING AGENDA NO TUESDAY, FEBRUARY 12, :00 P.M.

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1 METING RESULTS!!! CITY OF POMPANO BEACH CITY COMMISSION MEETING AGENDA NO TUESDAY, FEBRUARY 12, :00 P.M. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES APPROVAL OF THE AGENDA The Honorable Lamar Fisher Mayor, Presiding Mary L. Chambers, MMC, City Clerk Pastor Don Worden First Baptist Church of Pompano Beach Led by Mary L. Chambers, MMC, City Clerk APPROVED City Commission Meeting Minutes of January 22, 2013 APROVED AS AMENDED City Commission SPECIAL PROCLAMATIONS & PRESENTATIONS BY MAYOR LAMAR FISHER Recognized Lieutenant Colonel William Knowles outstanding efforts, leadership, accomplishments, both personally and professionally, and service to the City of Pompano Beach for the past thirty-five year Introduced Broward Sheriff s Office (BSO) Major John Hale as the new District Chief for the City of Pompano Beach Recognized Otto McCullough as Thomas D. Stephanis Boys & Girls Club 2013 Youth of the Year Black History Month proclamation presented to Pompano Beach resident Hazel Armbrister AUDIENCE TO BE HEARD All persons interested in speaking during Audience To Be Heard must fill out a request form and turn it in to the City Clerk prior to the meeting. A request form is located on the last page of the agenda program.

2 CONSENT AGENDA 1. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO RECIPROCAL USE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mark Beaudreau) 2. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A UTILITY EASEMENT BETWEEN THE CITY OF POMPANO BEACH AND BELCREST NORTH FEDERAL LLC, ACCEPTING A GRANT OF A PERPETUAL PUBLIC UTILITIES EASEMENT; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/John Sfiropoulos) 3. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ENDORSING THE MAYORS CLIMATE ACTION PLEDGE, AFFIRMING SUPPORT FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN IN WHOLE OR IN PART AS APPROPRIATE FOR THE CITY OF POMPANO BEACH, AND URGING ALL MAYORS OF BROWARD COUNTY TO SUPPORT THE MAYORS CLIMATE ACTION PLEDGE; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Dennis W. Beach) 4. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A DOCKING AGREEMENT (SINGLE EXTENSION) AMONG STEPHEN BONDURANT AND CHRISTINE BONDURANT, AND JENNIFER SCHICK, AND THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/Alessandra Delfico) 2

3 CONSENT AGENDA CONTINUED 5. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A DOCKING AGREEMENT (SINGLE EXTENSION) AMONG STEPHEN BONDURANT AND CHRISTINE BONDURANT, AND GENEVIEVE SCHIELL, AND THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/Alessandra Delfico) 6. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A REINSTATEMENT AND EXTENSION AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND CURRIE SOWARDS AGUILA ARCHITECTS, INC. F/K/A ROBERT G. CURRIE PARTNERSHIP, INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR NEW FIRE STATION NUMBER 11 AND PUBLIC WORKS BEACH MAINTENANCE EQUIPMENT STORAGE FACILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/Clayton Young) 7. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE WORK AUTHORIZATION NO. 7 PURSUANT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND CURRIE SOWARDS AGUILA ARCHITECTS, INC. F/K/A ROBERT G. CURRIE PARTNERSHIP, INC. IN THE AMOUNT OF $20,000, FOR EXTENDED CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEW FIRE STATION NUMBER 11; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/Clayton Young) 3

4 CONSENT AGENDA CONTINUED 8. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AMENDED WORK AUTHORIZATION NO. 8 IN THE AMOUNT OF $29, PURSUANT TO THE AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES BETWEEN THE CITY OF POMPANO BEACH AND BERMELLO AJAMIL & PARTNERS, INC. FOR TEMPORARY EMERGENCY GENERATORS FOR CITY HALL; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert McCaughan/Clayton Young) APPROVED 9. Approval to purchase sod and sod installation, as needed, for the Public Works Department, per the City of Boynton Beach cooperative bid # /DJL, from the primary and alternate vendors awarded per item, Mullings Engineering Services LLC, Odum s Sod Inc., South Florida Grassing Inc., Sunset Sod Inc., Tropic Landscaping and Lawn Maintenance Inc., in the estimated annual amount of $50,000. (Staff Contact: Robert McCaughan) 10. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING CARMEN JONES TO THE BUDGET REVIEW COMMITTEE OF THE CITY OF POMPANO BEACH, AS APPOINTEE OF MAYOR LAMAR FISHER TO FILL THE UNEXPIRED TERM OF KENNETH CAMPBELL; SAID TERM TO EXPIRE ON MAY 15, 2013; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mary L. Chambers) l0a. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND LIDIA GORZELANY; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: $81, Funding is provided via item 16 of this agenda - P.H ) (Staff Contact: Michael Smith) 4

5 REGULAR AGENDA INFORMATIONAL ITEM ONLY NO ACTION TAKEN 11. A presentation of the economic assessment phase for the corridor studies for Atlantic Boulevard, Dixie Highway and Federal Highway. (Staff Contact: Robin M. Bird/Jean E. Dolan) STRICKEN 12. A presentation to the City Commission for consideration of a report by WEBB Management Services, Inc., regarding the Pompano Beach Amphitheater. (Staff Contact: Mark Beaudreau/Terrell Fritz) QUASI-JUDICIAL PROCEEDING TABLED TO THE MARCH 26, 2013 CITY COMMISSION MEETING 13. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE AMENDING SECTION OF CHAPTER 155 OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY REZONING THREE PARCELS OF PROPERTY LOCATED ADJACENT TO EAST ATLANTIC BOULEVARD AND BOTH EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD A-1-A) BY REZONING TWO PARCELS FROM B-3 (GENERAL BUSINESS) WITH A MODIFIED PCD (PLANNED COMMERCIAL/INDUSTRIAL) OVERLAY DISTRICT TO B-3 (GENERAL BUSINESS) WITH A RE-MODIFIED PCD (PLANNED COMMERCIAL/INDUSTRIAL) OVERLAY DISTRICT AND BY REZONING ONE PARCEL FROM B-3 (GENERAL BUSINESS) WITH A MODIFIED PCD (PLANNED COMMERCIAL/INDUSTRIAL) OVERLAY DISTRICT TO B-3 (GENERAL BUSINESS) WITH ALL PARCELS REMAINING IN THE AOD (ATLANTIC OVERLAY DISTRICT); PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: JANUARY 22, 2013 (Staff Contact: Jean E. Dolan/Robin M. Bird) 5

6 REGULAR AGENDA CONTINUED QUASI-JUDICIAL PROCEEDING CONTINUED 14. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE ABANDONING A CERTAIN WESTERLY PORTION OF THE RIGHT-OF-WAY FOR CYPRESS ROAD LYING CONTIGUOUS TO AND SOUTH OF SOUTHWEST 1 ST STREET; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: JANUARY 22, 2013 (Staff Contact: Jean E. Dolan/Robin M. Bird) APPROVED FIRST READING 15. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY OF POMPANO BEACH, FLORIDA, ABANDONING A 12 FOOT WIDE PORTION OF THE RIGHT-OF-WAY FOR ATLANTIC BOULEVARD (S.R. 814) LYING EAST OF NORTHWEST 30 TH AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Jean E. Dolan/Robin M. Bird) END OF QUASI-JUDICIAL PROCEEDING STRICKEN 16. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH AMENDING CHAPTER 71, TRAFFIC RULES, OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES BY AMENDING SECTION 71.05, PARKING METER TIME LIMITS; FEES, TO GENERALLY INCREASE PARKING METER FEES; BY AMENDING CHAPTER 98, PARKS AND PLAYGROUNDS, BY AMENDING SECTION 98.09, ALSDORF PARK TO INCREASE THE PARKING METER FEE AND THE BOAT LAUNCHING FEE AT ALSDORF PARK; AND AMENDING SECTION 98.10, FEES, TO INCREASE THE PARKING METER FEE AT THE OCEANSIDE AND PIER PARKING LOTS; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: $50K from boat launching and $170K from meters.) (Staff Contact: Brian Donovan) 6

7 REGULAR AGENDA CONTINUED APPROVED FIRST READING 17. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR A 90-DAY PERIOD ON THE ISSUANCE OF VIOLATIONS AND ON PROSECUTION OF PENDING VIOLATIONS OF SECTION 90.27(A) OF THE CITY S CODE OF ORDINANCES THAT DEAL WITH FEEDING OF FERAL CATS, FOR THE PURPOSE OF REVIEWING CITY POLICY; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Gordon B. Linn) (DECLARED AN EMERGENCY FOR ADOPTION ON SECOND READING) 17. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR A 90-DAY PERIOD ON THE ISSUANCE OF VIOLATIONS AND ON PROSECUTION OF PENDING VIOLATIONS OF SECTION 90.27(A) OF THE CITY S CODE OF ORDINANCES THAT DEAL WITH FEEDING OF FERAL CATS, FOR THE PURPOSE OF REVIEWING CITY POLICY; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Gordon B. Linn) APPROVED FIRST READING 18. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE NEW ZONING CODE, CHAPTER 155, "ZONING CODE," OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES; BY AMENDING SECTION , "SUMMARY TABLE," TO CONFORM TABLE TO AMENDMENTS PROVIDED FOR IN THIS ORDINANCE; BY AMENDING SECTION , "CITY COMMISSION," TO REMOVE AUTHORITY OF THE CITY COMMISSION TO HEAR APPEALS OF DECISIONS FROM THE ZONING BOARD OF APPEALS; BY AMENDING SECTION , "TEXT AMENDMENT," TO ALTER REVIEW OR COMMENT PROCEDURE OF AMENDMENTS TO ZONING CODE BY DEVELOPMENT REVIEW COMMITTEE (DRC); BY AMENDING SECTION , "SPECIAL EXCEPTION," TO DEFINE "PERMITTED BY RIGHT" AND PROVIDING FOR RIGHTS AND LIMITATIONS FOR SUCH DESIGNATED USES; BY 7

8 REGULAR AGENDA CONTINUED 18. P.H ; ORD. NO : CONTINUED AMENDING SECTION , "INTERIM USE PERMIT," AND SECTION , "VARIANCE," TO RESCIND RIGHT TO APPEAL CERTAIN DECISIONS TO THE CITY COMMISSION; BY AMENDING SECTION , "APPEAL," TO DELETE PROCEDURE FOR APPEALING CERTAIN DECISIONS OF THE ZONING BOARD OF APPEALS TO THE CITY COMMISSION; BY CREATING SECTION , "REASONABLE ACCOMMODATION," TO ESTABLISH A PROCESS TO PROVIDE REQUIRED REASONABLE ACCOMMODATION UNDER FEDERAL LAW; BY AMENDING SECTION , "GENERAL," TO GENERALLY PROHIBIT ON-SITE DISPENSING OF CERTAIN CONTROLLED SUBSTANCES; PROVIDING FOR LIMITED EXEMPTIONS; BY AMENDING SECTION , "INSTITUTIONAL: HEALTH CARE USES," TO REMOVE OUTPATIENT PAIN THERAPY CLINICS FROM MEDICAL OR DENTAL CLINIC DEFINITION; BY AMENDING SECTION , "COMMERCIAL: SEXUALLY ORIENTED BUSINESSES," TO LIMIT VARIANCE PROCEDURES FOR SEXUALLY ORIENTED BUSINESSES; BY AMENDING SECTION , "STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES," TO DELETE THE SIZE LIMITATION FOR SOLAR ENERGY COLLECTION SYSTEMS; BY AMENDING ARTICLE 9, PART 5, "TERMS AND USES DEFINED," TO DELETE OUTPATIENT PAIN THERAPY CLINICS FROM THE DEFINITION OF MEDICAL OR DENTAL CLINIC; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Karen Friedman/Robin M. Bird) 19. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND Q.G.S. DEVELOPMENT, INC. TO PROVIDE MAINTENANCE SERVICES FOR THE GOLF COURSES; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Greg Martzolf/Mark Beaudreau/Tammy Good) 8

9 REGULAR AGENDA CONTINUED 20. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING THOMAS H. DIGIORGIO, SR. TO THE ARCHITECTURAL APPEARANCE COMMITTEE OF THE CITY OF POMPANO BEACH FOR A TERM OF TWO (2) YEARS; SAID TERM TO EXPIRE ON FEBRUARY 8, 2015; PROVIDING AN EFFECTIVE DATE. APPLICANTS: Thomas H. DiGiorgio, Sr. (Architect/Incumbent) District 1 John A. Pancoast (Landscape Architect/Incumbent) District 1 Walter Syrek (Architect/Incumbent/Alternate #2) District 2 Eva A. Bixler (Community Service Administrator) District 1 A. Vincent Carfora (Landscape Design) District 1 Susan Rome (Real Estate Broker) District 1 David Allen Baumwald (President/Construction Co.) District 2 Tobi Aycock (Architect) District 3 Charles H. Bechert III (Attorney) District 3 Scott Toth (Banker) District 3 Marcus A. McDougle (Community Representative) District 4 Antonio Cardozo (Architect) District 5 Richard Sasso (Attorney) Lighthouse Point (Staff Contact: Mary L. Chambers) 21. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING WALTER SYREK TO THE ARCHITECTURAL APPEARANCE COMMITTEE OF THE CITY OF POMPANO BEACH AS ALTERNATE #2, SAID TERM TO EXPIRE ON FEBRUARY 8, 2014; PROVIDING AN EFFECTIVE DATE. (SEE PREVIOUS ITEM FOR APPLICANTS) (Staff Contact: Mary L. Chambers) 22. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING JOHN A. PANCOAST TO THE ARCHITECTURAL APPEARANCE COMMITTEE OF THE CITY OF POMPANO BEACH FOR A TERM OF TWO (2) YEARS; SAID TERM TO EXPIRE ON FEBRUARY 8, 2015; PROVIDING AN EFFECTIVE DATE. (SEE PREVIOUS ITEM FOR APPLICANTS) (Staff Contact: Mary L. Chambers) 9

10 REPORTS City Manager City Attorney City Clerk Internal Auditor City Commission ADJOURNMENT: 9:29 P.M. 10

11 BALANCE IN CONTINGENCY October 1, 2012 Beginning Balance $ 8, October 9, 2012 Donation to Pompano Beach resident, Julia Schulte, for travel to Australia to compete in the 2012 World Lifesaving Championships October 9, 2012 Donation to Pompano Beach resident, Konnor Katzmark for travel to Australia to compete in the 2012 World Lifesaving Championships. December 11, 2012 Martin Luther King Jr. Holiday Celebration -2, BALANCE: $ 5,