CITY OF POMPANO BEACH CITY COMMISSION MEETING AGENDA NO. 2004-19 TUESDAY, JUNE 8, 2004 7:00 P.M.

CALL TO ORDER The Honorable John C. Rayson Mayor, Presiding

ROLL CALL Mary L. Chambers, CMC, City Clerk

INVOCATION Reverend Douglas Kirk First United Methodist Church

PLEDGE OF ALLEGIANCE Led by Mary L. Chambers, CMC, City Clerk

APPROVAL OF MINUTES Regular City Commission Meeting Minutes of May 25, 2004

Special City Commission Meeting of March 16, 2004

APPROVAL OF THE AGENDA City Commission

SPECIAL PRESENTATION

The 2004 Blanche Ely Scholarships Awards will be presented by Mayor John C. Rayson and C. William Hargett, Jr., City Manager to the following students:

Two-Year Scholarship College/University

Kerline Baronville Palm Beach C.C. Blanche Ely High School

CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

Four-Year Scholarships College/University

Evelyn Dulis Atlantic University Blanche Ely High School

Steven Duncan University of Florida Blanche Ely High School

Jeff Antione University of South Florida Blanche Ely High School

Brittany McIntosh Florida State University Blanche Ely High School

Christopher Holley Florida State University Coral Springs High School

Akia Wiggins FAMU

Tangela Fuller University of South Florida Coconut Creek High School

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.

CONSENT AGENDA

1. Approval to transfer and assign one cemetery plot from Cleo Nah to Lois Woung.

(Staff Contact: DC Maudlin, Jr.)

2. Approval of the ranking order for RFP S-38-04 “Group Health Benefits” and authorize City staff to negotiate a contract with the highest ranked firm, Blue Cross/Blue Shield of Florida.

(Staff Contact: Michael Smith) 2 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

CONSENT AGENDA - CONTINUED

3. Approval of a budget adjustment in the amount of $4,000 within the General Fund to support Arts in Public Places.

(Staff Contact: C. William Hargett, Jr.)

4. Approval of a change order in the amount of $833,158 and a time extension of 120 days to construct a drainage outfall to Esquire Lake for NW 27th Avenue drainage improvements.

(Staff Contact: Helen Gray)

5. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF POMPANO BEACH PROVIDING FINANCIAL ASSISTANCE FOR THE NW 6TH AVENUE ROADWAY ENHANCEMENTS PROJECT; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Helen Gray)

6. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT AND A TRAFFIC SIGNALIZATION AGREEMENT AMONG BROWARD COUNTY, POMPANO PARK HOLDINGS, L.L.C., AN AFFILIATE OF ISLE OF CAPRI CASINOS, INC., AND THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Robin M. Bird/Patrick B. Ford)

7. RES. NO. 2004-…..: A RESOLUTION APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SATISFACTIONS OF MORTGAGE PERTAINING TO LOANS GIVEN BY THE CITY OF POMPANO BEACH FOR VARIOUS PROPERTIES LOCATED IN THE CITY FOR HOUSING REHABILITATION LOANS; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Joseph A. Greco/T.C. Broadnax)

3 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

CONSENT AGENDA - CONTINUED

8. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A UTILITY WORK AGREEMENT AND SCHEDULE BETWEEN THE CITY OF POMPANO BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE FLORIDA TURNPIKE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: A. Randolph Brown/Helen Gray)

9. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ACCEPTING THE GRANT OF PERPETUAL UTILITIES EASEMENTS FROM OCEAN PARK ESTATES, LLC; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Patrick B. Ford)

10. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE WORK AUTHORIZATION NO. 70 PURSUANT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF POMPANO BEACH AND WILLIAMS, HATFIELD & STONER, INC. TO PROVIDE DESIGN, PERMITTING AND ANALYSIS RELATED TO THE BYPASS FORCE MAIN ALONG NW 27TH AVENUE; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Helen Gray)

11. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SUBGRANTEE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND THE CAROLE DEMESMIN FOUNDATION, INC. DBA C.D. YOUTH & FAMILY CENTER PROVIDING FOR THE FUNDING AND ADMINISTRATION OF CHILDREN’S SERVICES COUNCIL OF BROWARD COUNTY FUNDS; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Tim Tracey)

4 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

CONSENT AGENDA - CONTINUED

12. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO SUBMIT FOUR GRANT APPLICATIONS TO BROWARD COUNTY FOR THE PURPOSE OF OBTAINING FUNDS FOR SHADE TREE PLANTING PROJECTS; EXPRESSING SUPPORT; CONFIRMING THE CITY’S CONTRIBUTION; AND, IF AWARDED, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE ALL APPROPRIATE AGREEMENTS; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: DC Maudlin, Jr.)

13. Approval to purchase diesel fuel from vendors awarded Broward County Co-op Bid # D104018B1.

(Staff Contact: DC Maudlin, Jr.)

14. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO SUBMIT A GRANT APPLICATION TO BROWARD COUNTY FOR THE PURPOSE OF OBTAINING FUNDS FOR ROADWAY BEAUTIFICATION WITHIN STATE-OWNED RIGHT-OF- WAYS; CONFIRMING THE CITY’S CONTRIBUTION; AND, IF AWARDED, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ALL APPROPRIATE AGREEMENTS; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: DC Maudlin, Jr.)

5 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

REGULAR AGENDA

15. Presentation of the City’s Comprehensive Annual Financial Report, Management Letter and Single Audit Report for the fiscal year ended September 30, 2003.

(Staff Contact: Cynthia Mothner/Barbara DeLeon)

16. P.H. 2004-59; ORD. NO. 2004-…..: (ORDINANCE 2ND READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, GRANTING AN ADDITIONAL 90-DAY TEMPORARY MORATORIUM ON THE REVIEW AND ISSUANCE OF OCCUPATIONAL LICENSES FOR ADDITIONAL GAME ROOMS, ARCADES AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT ACTIVITIES; PROVIDING FOR THE NON-ACCEPTANCE OF THE OCCUPATIONAL LICENSE TAX RELATING TO SUCH ACTIVITIES; PROVIDING FOR THE DURATION AND EXTENSION OF THE MORATORIUM; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

FIRST READING: MAY 25, 2004

(Staff Contact: Mark E. Berman)

17. P.H. 2004-52; ORD. NO. 2004-…..: (PUBLIC HEARING 1ST READING) AN ORDINANCE AMENDING CHAPTER 155, “ZONING CODE,” OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.070, “SEXUALLY ORIENTED BUSINESSES” TO MODIFY THE METHOD FOR MEASUREMENT BETWEEN SEXUALLY ORIENTED BUSINESSES, AND BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

FIRST READING TABLED: APRIL 27, 2004

(Staff Contact: Mark E. Berman)

6 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

REGULAR AGENDA - CONTINUED

18. P.H. 2004-53; ORD. NO. 2004-…..: (PUBLIC HEARING 1ST READING) AN ORDINANCE AMENDING CHAPTER 155, “ZONING CODE,” OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.012, “RESIDENTIAL ACCESSORY STRUCTURES” TO MODIFY ENFORCEMENT OF SETBACK REQUIREMENTS FOR CURRENTLY EXISTING RESIDENTIAL DETACHED ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

FIRST READING TABLED: APRIL 27, 2004

(Staff Contact: Mark E. Berman)

19. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING ______TO THE POMPANO BEACH HISTORIC PRESERVATION COMMITTEE OF THE CITY OF POMPANO BEACH FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE JUNE 13, 2007; PROVIDING AN EFFECTIVE DATE.

APPLICANTS:

Lynn Simross (Incumbent) – District 1

(Staff Contact: Mary L. Chambers)

20. Consideration of an appeal of decision of the Zoning Board of Appeals granting a variance to Starting Over, Inc. to operate a shelter or halfway house at 803 N.W. 2nd Avenue rather than locate the facility in a CF (Community Facility) district where it is a special exception.

(Staff Contact: Patrick B. Ford)

21. Consideration of the FY 2004-05 Proposed Action Plan as recommended by the Community Development Advisory Committee in the amount of $1,275,000 of CDBG Funds and $529,469 of HOME Funds.

(Staff Contact: Joseph A. Greco/T.C. Broadnax)

7 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

REGULAR AGENDA - CONTINUED

22. Consideration of a proposal to amend Chapter 155.132.b, Retroactive Landscape Provision, to provide relief to property owners when necessary access can be demonstrated to the Zoning Director.

(Staff Contact: Patrick B. Ford)

23. Consideration of a proposal to amend Chapter 155.171, RM-45/HR Overlay District, to provide for a distance separation from buildings and structures greater than 60 feet in height.

(Staff Contact: Patrick B. Ford)

24. Opening of bids for a parcel of City-owned surplus property and hearing any protest thereof.

(Staff Contact: T.C. Broadnax)

25. RES. NO. 2004-…..: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND DRISCOLL’S TOWING SERVICE, INC. PROVIDING FOR TOWING AND WRECKER SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE.

(Staff Contact: Mark Lauzier)

REPORTS City Manager City Attorney City Clerk Internal Auditor City Commission

ADJOURNMENT

8 CITY COMMISSION MEETING – JUNE 8, 2004 - AGENDA NO. 2004-19

BALANCE IN CONTINGENCY

Oct. 1, 2003 Beginning Balance $ 50,000.00

9