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Minutes 06-07-94 MINUTES OF THE REGULAR CITY COMMISSION HEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 7, 1994 AT 6:30 PRESENT Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Vice MaNor Wnne Matson B. Invocation - Henry Ackerm~nn - Congregational Church of Christ C. Pledge of Allegiance to the Flag led by Conmlssloner David Katz Vice Mayor Matson called the meeting to order at 6:30 p.m. Reverend Henry Ackermann offered the invocation, followed by the Pledge of Allegiance to the Flag which was led by Commissioner Katz. Vice Mayor Matson explained the method she planned to use in running the meeting. She advised that Chief Dettman would maintain order and make sure people are seated during the meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Pro Tem Bradley deleted Item IX.B.I.a, "I-§5 Landscaping" and added, "Tri-County Gang Task Force Report". City Attorney Cherof deleted Item X.A.3. since it already appears as a first reading Ordinance under X-B.4. This Ordinance must be readvertised since there is a change in the title. City Manager Parker added Richard Stone to the Employee of the Month award for May. Bill McLain and Richard Stone worked as a team. Vice Mayor Matson added Item IV.A.3, "Recognition of Harry Romano". Vice Mayor Matson requested that Item IX.E be tabled until Janet Hall's arrival. If the meeting is concluded before Ms. Hall arrives, this item will be tabled until the next meeting. 2. Adoption Commissioner Aguila moved to accept the agenda as corrected. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Diane Tldwe11, Regular Member, Children & Youth Advisory Board Commissioner Aguila moved to accept the resignation of Diane Tidwell. Commis- sioner Katz seconded the motion, which carried unanimously. - 1 - ~INUTES - REGULAR CITY COMMISSION MEETING YBOYNTON BEACH, FLORIDA ~UNE 7, 1994 1. Appointments to be made: Appointment Regl To Be Made Board Alt Length of Term Expiration Date II Bradley III Aguila II Bradley I Katz III Aguila Mayor Harmening I I Bradley I I Bradley Mayor Harmening II Bradley Mayor Harmening I Katz II Bradley III Aguila IV Matson Mayor Harmening I Katz II Bradley III Aguila IV Matson Education Advisory Board Alt Con~n. Redev. Advisory Bd. Reg Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Advisory Reg Children & Youth Advisory Alt Library Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Planning & Development Bd. Reg Education Advisory Board Reg Education Advisory Board Reg Education Advisory Board Reg *Senior Advisory Board Reg *Senior Advisory Board Reg *Senior Advisory Board Reg *Senior Advisory Board Alt *Senior Advisory Board Alt Children & Youth Advisory Reg Term expires 4/95 TABLED Term expires 8/96 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED 2 yr term to 4/96 2 yr term to 4/96 2 yr term to 4/96 2 yr term to 4/96 2 yr term to 4/96 2 yr term to 4/96 Term expires 4/95 Term expires 4/95 Term expires 4/95 *Upon review of current Code, staff realized that the terms for the Senior Advisory Board expire in April. In response to Vice Mayor Matson's question, Mayor Pro Tem Bradley advised that he had no one to appoint to any of the previously tabled appointments. Commissioner Aguila requested his Regular appointment to the Community Redevel- ment Advisory Board be removed from the table. Commissioner Katz requested his Alternate appointment to the Building Board of Adjustment and Appeals be removed from the table. Motion Commissioner Aguila moved to remove the two tabled items from the table. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. Commissioner Aguila appointed Gerald Taylor as a Regular member of the Community Redevelopment Advisory Board, without objection. Commissioner Katz appointed Ronald ~, O'Donnell as an Alternate member of the Building Board of Adjustment and Appeals, without objection. Commissioner Katz appointed Erin Snow as a Regular member of the Education Advisory Board, without objection. Mayor Pro Tem Bradley appointed Marshall Friedland as a Regular member of the Education Advisory Board, without objection. -2- ~INUTES - REGULAR CITY COMMISSION MEETING ~ BOYNTON BEACH, FLORIDA JUNE 7, 1994 Motlon Commissioner Aguila moved to table his Regular appointment to the Education Advisory Board. Mayor Pro Tem Bradley seconded the motion. (No vote was polled on this motion.) Vice Mayor Matson appointed B111 Hiller as a Regular member of the Senior Advisory Board, without objection. Mayor Harmening's Regular appointment to the Senior Advisory Board was tabled. Commissioner Katz appointed Rebecca Easterday as a Regular member of the Senior Advisory Board, without objection. Mayor Pro Tem Bradley tabled his Alternate appointment to the Senior Advisory Board. Commissioner Aguila appointed Patti-ann Hopkins as an Alternate member of the Senior Advisory Board, without objection. Vice Mayor Matson tabled her Regular appointment to the Advisory Board on Children and Youth. Motion Commissioner Aguila moved to table all remaining appointments. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. Vice Mayor Matson announced that Mayor Harmening is in Canada on vacation. Change Order No, ! for the Local Area Network Contract with Engineering Software Services for the purchase of two additional personal computers and memory upgrades to the new and existing personal computers Commissioner Aguila questioned why the two personal computers being purchased are not already equipped with the 4MB memory upgrade. Peter Mazzella, Assistant to the Utilities Director, advised that when the package went out for bid, it was bid as 4MB units. When the bids were received, the new version of Wordperfect Windows came out. The manufacturer recommended upgrading the computers; therefore, all personal computers are being upgraded at this time. Motion Commissioner Aguila moved approval. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. C. Manhole Replacement - Rainbow Lakes - Authorization to piggyback Palm Beach County bid and contract to replace manhole in Rainbow Lakes Motion Commissioner Aguila moved approval of staff's recommendation. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. -3- HINUTE$ - REGULAR CITY COI~ISSION NEETIHG BOYNTON BEACH, FLORIDA OUHE 7, 1994 III. CONSENT AGENDA: A. Nlnutes: 1. Regular Ctty Commission Neettng Ntnutes of Nay 17, 1994 B. Bids - Recommend Approval - All expenditures are approved in the 1993-94 Adopted Budget 1. One (1) 1994 Ford 15,000 lb. gross vehicle weight rating with utility body and auto crane - Utilities Department The Tabulation Committee recommends awarding this item to Rowland Equipment Company, Inc., of Miami, Florida, in the amount of: Chassis/Utility Body - $29,604.20 Heavy Crane 15,800.00 Combined Total $45,404.20 Rowland Equipment Company, Inc. is the lowest, most responsive, responsible bidder who meets all specifications per Public Works Department Memorandum #94-147 from Carel Fisher to Carrie Parker dated May 18, 1994. City Manager Parker reminded the Commission that the approval requested is only for the 1994 Ford utility body and auto crane. No additional vehicles are involved in this request for approval. 2. One (1) new and unused forms burster/base with a trade-in used by Data Processing to separate water bills and other forms, The Tabulation Committee recommends awarding the bid to Tab Products Company of Miami, Florida, in the amount of $6,048.90 with $100 trade-in; therefore, the cost will be $5,948.90. There were three alternate bids for a Duplo V-740. The Duplo V-740 does not meet minimum specs. Therefore, we recommend Tab Products as submitting the Model 2566 which is a pin feed machine. This model meets all specs as required per Data Processing Memorandum No. 94-35 from Michael Munro to Lana Koester dated May 26, 1994. Pipe Fittings and Accessories to establish an open purchase contract for various pipes, fittings and accessories used by Utilities The Tabulation Committee recommends awarding the bid to various vendors to cover the overall low bid within each lot. A tabulation sheet provided the award amounts for Bid #037-401-94/VSMG. The recommended awards were calculated by multiplying the estimated quantity of an item by the unit price submitted by each vendor and adding together the extensions for a lot total. The lowest overall lot total is the vendor recom- mended for award. Items #125 - 139 were awarded to the third lowest vendor due to shipping restrictions of the first and second low bidders. Utilities Memorandum #94-162 from John Guidry to Lana Koester dated May 23, 1994 provides a detailed explanation. -4- '~INUTES - REGULAR CITY COI~ISSION MEETING BOYNTOH BEACH, FLORIDA ~UNE 7, 1994 C. Resolutions: Proposed Resolution No, R94-B4 Re: Authorize acceptance of a deed from Meadowood Groves, Inc., and R. Bradford Arnold, to the City of Boynton Beach {five-acre parcel park site located upon the property owned by Meadowood Groves, Inc., within the Knollwood Planned Unit Development} .................... TABLED This Resolution conveys to the City the five acres of park land required per the agreement between the City and Meadowood Groves {a/k/a Knollwood Groves}. In response to Commissioner Katz' question, City Attorney Cherof advised that this Resolution will come off the table at the next City Commission meeting. ® Proposed Resolution No, R94-90 Re: Designating authorized indi- viduals to prepare, sign and countersign checks, vouchers and withdrawal slips drawn on City depositories, designating posi- tions, rather than named individuals. ® Proposed Resolution No, R94-91 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 21, 1994 approving Change Order #1 in the amount of $17,993 increasing J. J. Kirlin contract for the Repair and Replacement Projects Sinking Fund to $1,106,892. Final Payment due $82,588 including retainage. e Proposed Resolution No, R94-92 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of April 21, 1994 approving agreement between South Central Regional Wastewater Treatment and Disposal Board and Inter- national Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO, for the period April, 1994, through September, 1996. Proposed Resolution No, R94-93 Re: Authorize execution of Water Service Agreement for Scott and Jody Sorrels, a single-family home located at 3601 Old Boynton Road between Congress Avenue and Lawrence Road in the unincorporated portion of Palm Beach County. ® Proposed Resolution No, R94-94 Re: Authorize execution of Water Service Agreement for Lawrence Oaks-Oriole Inc., a 42-acre parcel of undeveloped land located on the west side of Lawrence Road between Hypoluxo Road and Miner Road. Mayor Pro Tem Bradley requested Proposed Resolution No. R94-94 be removed from the Consent Agenda for discussion. e Proposed Resolution No, R94-95 Re: Authorize execution of spe- cial warranty deed conveying City-owned property to Lanina C. Lawson for new home construction as participants in the City of Boynton Beach In-Fill Housing Program D. Approval of Bills Commissioner Aguila requested the Approval of Bills be removed from the Consent Agenda for discussion. -5- ' ~IINUTES - REGULAR CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 Approve budget transfer from the Contingency Fund to cover movlng expenses for Johnetta Broomfleld and to balance out account for Dental Insurance for the City Conmtsslon. The expenses totaled $2,709 and the items have been moved. Also, the other transfer is to cover a shortfall in the Dental Insurance account. F. Approve Records Destruction Request for the Finance Department. This request covers the destruction of utility customer records, cash payment stubs, billing register and statement summary reports. Request #273 has been approved by the State. G. Acceptance and acknowledgement of Castoff's Square Dance Club dona- tion to the Recreation and Park Department The Castoff's Square Dance Club has again provided a donation of $2,200. A thank you letter was sent on May 24, 1994 by Charles Frederick. H. Request for transfer of Cemetery Lots 18B and ZgA, Block Y, Boynton Beach Memorial Park. This is a transfer of cemetery lot ownership from one person to another. A transfer fee of $25 is required. As outlined in City Clerk Sue Kruse's Memorandum No. 94-67, Gladys B. Goldberger requests permission to transfer these lots to Peggy E. Goldberger. Motion Commissioner Aguila moved to approve the Consent Agenda with the exception of Items C.6 and D. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. Proposed Resolution No, R94-94 Re: Authorize execution of Water Service Agreement for Lawrence Oaks-Oriole Inc., a 42-acre parcel of undeveloped land located on the west side of Lawrence Road between Hypoluxo Road and Miner Road Mayor Pro Tem Bradley asked for a legal opinion regarding the status of these water service agreements and some suggestions with regard to how the City Commission should move in terms of annexation in the future. Attorney Cherof will bring this information back at the next meeting. Vice Mayor Matson stated that since this property is now contiguous, a motion to approve should be subject to voluntary annexation. City Manager Parker said one of the conditions of the water service agreement is that the property owner voluntarily annexes into the City when the property becomes contiguous. This parcel is now contiguous and the motion should include the processing of the voluntary annexation concurrent with the execution of the water service agreement. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-94 concurrent with the processing of the voluntary annexation. Commissioner Katz seconded the motion, which carried unanimously. -6- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 D. Approval of Btlls A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Aguila questioned whether Bill #8 covered the purchases for the Police Department. City Manager Parker responded affirmatively. Commissioner Aguila questioned whether Bill #13 was a bid item. Charles Frederick explained that this purchase of playground equipment was piggybacked on the Palm Beach County School Board bid, which was approved in conjunction with the parks project. City Manager Parker confirmed with Mr. Frederick that this was considered a bid process. Commissioner Aguila inquired as to the work being done by Gee & Jenson which is covered under Bill #16. Ms. Parker stated that this is in conjunction with the CDBG Services. Gee & Jenson is overseeing the contract for the City. At Commissioner Aguila's request, Ms. Parker will supply a copy of the report on the test and balance of the air conditioning units. Under Bill #45, Commissioner Aguila questioned the percentage of completion, or total contract sum. Mr. Frederick advised that the total contract price for both parks is approximately $900,000. Rockland Construction is approximately 70% through construction at this point. Motion Commissioner Aguila moved approval of the Bills as submitted. Commissioner Katz seconded the motion, which carried 4-0. VICE MAYOR MATSON DECLARED A FIVE-MINUTE RECESS. IV. ANNOUNCEMENTS & PRESENTATIONS: Vice Mayor Matson recognized the presence in the audience of Jerry Taylor, County Commissioner Mary McCarty's administrative aide. She thanked Commis- sioner McCarty for Mr. Taylor's presence and for her interest in City matters. A. Announcements: Gun Buyback Program to be held June 25, 1994, from 12:00 to 5:00 p,m,, at two Boynton Beach locations (Freedom Hall Civic Center located at 128 East Ocean Avenue and the Boynton Child Care Center located at 909 NE 3rd Street) Vice Mayor Matson made this announcement. This program is sponsored by the Palm Beach County Guardians, local clergy and concerned citizens. Twenty-five dollars will be paid for every gun turned in. Two flyers are available in the City Hall lobby. One flyer only explains the program, while the other flyer explains the program and provides addresses where contributions and donations can be sent to assist this program. Homeowners' associations, charitable organizations, fraternal organizations and businesses were encouraged to donate to this worthy program. -7- r ~INUTES -- REGULAR CITY COMMISSION MEETING. BOYNTON BEACH, FLORIDA JUNE 7, 1994 2. State-wide hurricane exercise (recovery phase only) June 15, 1994 Chief Jordan will provide an update to the City Commission Floyd Jordan, Fire Chief, advised that on June 15th, the State of Florida will conduct a state-wide hurricane exercise. Palm Beach County and Boynton Beach will participate. There will be a scenario of a Category 4 hurricane which will hit Palm Beach County in the morning and exit to the Gulf of Mexico by the afternoon. Our existing plan will be tested and, if necessary, corrections or adjustments will be made. This exercise will not require any overtime. City Manager Parker announced that Fire Chief Jordan has been appointed as the City's Emergency Manager in addition to his duties as Fire Chief. 3. Recognition of Harry Romano Vice Mayor Matson recognized Harry Romano for his work in collecting $6,000 for the March of Dimes. A Certificate of Appreciation will be prepared for presen- tation at the next City Commission meeting. B. Presentations: 1. Employee of the Month - April, 1994 - Kavon Shamloo, Data Processing Department At the podium, Vice Mayor Matson and City Manager Parker recognized the out- standing accomplishments of Mr. Shamloo. He was nominated by the Building De- partment after assisting them with an equity study of occupational licenses. Mr. Shamloo developed a variety of scenarios with computer programming to ana- lyze occupational licenses and different levels of taxes to be presented to the City Commission. He attended many evening meetings of the Commission on his own time. Ms. Parker presented Mr. Shamloo with a plaque for outstanding service for the month of April. 2. Employees of the Month - May, 1994 - Bill McLaln and Richard Stone, Utilities Department At the podium, Vice Mayor Matson and City Manager Parker recognized the outstanding accomplishments of Bill McLain and Richard Stone. She advised that originally, only Bill McLain was nominated for this award. Upon learning of his nomination, Mr. McLain phoned to advise that this was a team effort. On March 22nd, the West Water Treatment Plant was disabled when it was struck by lightning. Because of the efforts of these two gentlemen, the Plant was back on line within nine hours, which saved the City thousands of dollars in outside contractor fees and two to five days of Plant shutdown time which could have resulted in lost revenue. Ms. Parker presented plaques to both gentlemen. Mr. McLain thanked Messrs. Kenyon and Ailstock for the nominations and recogni- tion. Mr. McLain feels this recognition program should continue since it provides a good incentive. Mr. Stone agreed with Mr. McLain's remarks. 3. Certificates of Appreciation to School Crossing Guards Vice Mayor Matson presented Certificates of Appreciation to Denise Baldwin, Willie Denson, Gayle Katz and Mack Sloan. She thanked each employee for the important role they play in the safety of our children. -8- 'RINUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 4. Presentation by Coflmlssloner Katz reference Florida Narllns Game Commissioner Katz advised that there will be a Boynton Beach Night at Joe Robbie Stadium on June 30th. Commissioner Katz asked Melody Green of the Recreation and Parks Department to help identify four students who had overcome a struggle and succeeded during the school year. The following four students will be awarded a ticket to this baseball game in recognition of their achievement: Nefta11Nateo is in the third grade at Rolling Green Elementary School. Through tutoring after school, he has improved his overall report card grades. Before tutoring, he did not take school seriously. We are proud of his perseverance and encourage his enthusiasm. Feneau Demesmln is a third grader at Rolling Green Elementary School. He has matured and improved this year. In a recent nationwide scholastic test he increased his math performance considerably which moved him up to the next core topic. We are proud of him. Shav~an8 Foster is eight years old and attends Poinciana School. She was unable to read at the beginning of the school year, but she worked on a continuous schedule with an improved attitude towards learning. She can now read and sound out words. She is in the "Hooked on Phonics" program. Gene Norissett is eight years old and was having difficulty with math at the beginning of the school year. He learned the basics of addition and subtraction and is encouraged by his accomplishments. He finishes his assignments and has learned to work independently. Carolyn Sims, Recreation Supervisor III, will coordinate and transport the younsters to the Marlins/Braves game. 5. Proclamations: a. Recognition of the formation of 8 new Sons of Italy Lodge and welcemlng them to the City of Boynton Beach At the podium, Vice Mayor Matson read a Proclamation welcoming the new Order Sons of Italy in America Boynton Beach Lodge #2679 to the City of Boynton Beach. As a former member of this organization, Vice Mayor Matson is proud to have this organization in the City. Joe Voccola, President, said he is privileged and honored to accept the Proclam- ation and assured the Commission that this Lodge will make the City proud. b. Code Enforcement Officers' Appreciation Week - June 6 through 12, 1994 Vice Mayor Matson read a Proclamation declaring the week of June 6-12, 1994 as Code Enforcement Officers' Appreciation Week. V. BIDS: None -9- ~~I~'HINUTES-REGULAR CITY COHHIS$ION HEETING = ~ BOYNTON BEACH, FLORIDA JUNE 7, 1994 PUBLIC HEARING: None VII. PUBLIC AUDIENCE= Re, the1Houston~ 600 NW loth Court~ circulated photos depicting the situation in her community as a result of the work done in relation to the Costa Bella drainage problems. Although corrections have been made, those corrections have worsened the problems. She complained about one of the driveways and major damage to the street line. When her driveway was framed out, one side fell out and it was thicker on one side. They shaved it, and now she experiences standing water in the driveway. When the sidewalk was replaced, globs of concrete dropped onto the sidewalk. When the grinder was used on those areas, they damaged the sidewalk. Ms. Houston stated that she is not happy with the results of this work. In response to Commissioner Katz' question regarding whether or not the contrac- tor has been paid in full, Ms. Parker responded negatively. She advised that the City Engineer was sent to the site to advise the contractor that the City Commission did not want grinding of the driveway. She will investigate to see why they did not replace the driveway instead of grinding it. Ms. Houston said there are a lot of gouges in the street and there are concrete patches spilled all over the sidewalks. Commissioner Katz requested a consensus of the Commission not to pay the final bill until the community looks the way it did before the work commenced. Ms. Parker advised that the City bid the contract to patch the street in an acceptable form. It was not bid to resurface the entire street. If the patches are done according to engineering specifications, they will remain. Commission- er Aguila confirmed that the patches may be aesthetically unpleasing, but if they are done according to specifications, there is nothing wrong with the job. Commissioner Aguila is concerned with some of the edge work. He intends to visit the community to view the situation with the driveways and concrete work. In response to a remark made by Ms. Houston regarding the City's expense being lessened when it was able to purchase the right-of-way, Commissioner Aguila advised that the City never had any money set aside for this work to begin with. However, by purchasing the right-of-way, the City spent less than originally anticipated. Ms. Houston said the grinding resulted in the appearance of footprints along the sidewalk. Commissioner Aguila agreed that is unacceptable since grinding expo- ses the aggregate and weakens the sidewalk. If that was done, the sidewalks will have to be redone. City Manager Parker confirmed that this project was videotaped prior to the work commencing. Mayor Pro Tem Bradley feels there are enough safeguards in place to properly complete this project. Commissioner Aguila stated that Johnson & Davis is a reputable firm. He will investigate this situation, and if necessary, he will speak the the represen- tatives. He also agreed with holding off the final payment until they have met the intent of the contract. - 10- ~' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 Ooleen Rasmu$$en~ 508 NW loth Court, said her driveway was the one to be redone. During discussions w~t~--Ms. Parker, Ms. Houston's driveway was only lightly addressed. Regarding the street, she was confident in Commission assurances that when the project was completed, the street would not be drastically dif- ferent from what was there before. Patches in the street make it visually dif- ferent. The street in front of her home has many small gouges which the City did not specify for patching. The City Engineer marked a certain number of areas to be patched and left the remaining gouges unmarked. If all gouges are patched, the area in front of her house and thirty additional feet would have to be repaved. There is a 25' gouge which was not marked and there are approxi- mately ten small gouges in front of her house. The residents did not expect the street to be in this condition when the job was completed. Commissioner Aguila explained that the patches will even out in a short period of time so that they will not be noticeable. Vice Mayor Matson agreed with this remark and explained that approximately 600 patches were done within her com- munity. Those patches have blended in. Ms. Rasmussen requested a phone call from Commissioner Aguila following his review of the situation. Nello Tlnerl, 1209 NW 7th Street~ spoke of the cement wall on the east side of NW 7th Street. This area is experiencing burglaries on a regular basis. The residents on the east side are frustrated because nothing is being done about this situation. Mr. Tineri stated that no one knows who owns the cement fence. He requested the City Commission's help in finding out who owns the fence and what can be done about it. He suggested putting an extension on top of the wall to try to prevent the burglaries. He further suggested putting an extension of the wall along the canal. In response to Commissioner Aguila's question, Mr. Tineri advised that this fence is located on West Industrial Avenue and Boynton Beach Boulevard. Commis- sioner Aguila remembered previous discussions wherein a statement was made that the developer of the homes had erected that wall. Michael Munro, Director of Data Processing, said the fence is in the right-of- way and it was put up when the road was extended. Don Jaeger, Building Official, confirmed that the fence is in the right-of-way which is a five foot limited access dedicated to the City. By plat, it was the maintenance obligation of the West Industrial Avenue Homeowners' Association. However, that Association never legally formed. At this point, there is no one maintaining the wall. Commissioner Katz pointed out that Lake Worth Drainage District would have a problem with extending the wall to the canal since they require a right-of-way. Commissioner Aguila suggested City Manager Parker bring back options to the Commission in this regard. He is opposed to adding anything to this wall. Ms. Parker pointed out that even if the City added to it, there would still be a gap. The City is not maintaining the fence-at this point. Mr. Tineri commended the Police Department for the quick response he receives whenever he contacts them. - 11 - ,~RINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 Barbara Covlngton~ 1210 SW 2$th Avenue~ lives in Golfview Harbour. When contracting to purchase her home in June, 1993, there was a contingency to repair any rotted wood on the dock and check that the seawall and boathouse were legally permitted by the City as they stood. When the closing occurred at the end of July, 1993, the seller had contacted an engineering firm who had the guidelines per the City, and had submitted as-built drawings with an application for permits to make the existing structures legal per City laws. She was assured that everything had been submitted to the City, and this situation would eventually be taken care of. Three weeks ago, Mrs. Covington was served with a Notice of Violation because the application for this permit had been denied. This was due to the fact that the engineer would not certify that the existing structure meets the existing Code. The structure was built before Hurricane Andrew, and built to the Code that existed at that time. The only way this structure can now meet Code would be to remove it. If this structure is not in compliance with a permit issued by the end of the week, it will be turned over to Code Enforcement for a hearing. During a homeowners' association meeting in Golfview Harbour, it was determined that a high percentage of the structures along the canal in Golfview Harbour were built without permits. Mrs. Covington feels she is being singled out by selective enforcement because she drew attention to the structure in attempting to obey the rules of the City. The cost of tearing down and hauling away the structure places an unfair burden on the homeowners and decreases property value. She suggested these structures be grandfathered in at this point. Furthermore, she is now worried that because of her attempt to permit the structure, a lot of other people in the community will be cited because attention has been drawn to the subdivision. Mrs. Covington said she cannot afford to tear down the structure. She requested help from the City Commission in resolving this situation. Vice Mayor Matson is concerned with the fact that attention has been brought to this community as a result of Mrs. Covington trying to legalize the structure. She feels it is the City's responsibility to do something about this situation for all of the people in this situation. Commissioner Aguila explained that the Codes have not changed since Hurricane Andrew. He asked Mr. Jaeger to explain this situation. Don Jaeger, Building Official, said there was a complaint to Code Enforcement. They cited the violation because there was no permit issued for the boat dock. The application was submitted and comments were made. The engineer never responded to the comments. Six months passed and the application voided. It was referred back to Code Enforcement. The engineer refused to certify the structure because he felt it was in very bad condition. The City cannot permit something when an independent engineer says it does not meet Code. Commissioner Aguila pointed out that an engineer cannot say a structure does not meet our Codes unless he has done a structural analysis. Mr. Jaeger advised that the engineer drew up plans which were incomplete. He was given the option of completing the plans and specifying that the plans comply with Code and going to the site to certify that it complies with Code, or drawing complete plans and letting the City determine that at the site it complies with Code. The engineer stated that this has damaged structural members and he would not certify it. - 12 - ,' HINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA ~UHE 7, 1994 Mr. Jaeger also stated that since this was submitted and the application voided, the City Manager directed staff not to issue boat dock permits. Also, this boat dock is not on the Covington property. It is on City property. Commissioner Aguila pointed out that when these people purchased the home, the dock was existing. They are trying to make it acceptable and usable. The City should do whatever it can to reach that goal. Ro~Covlngton said this structure was not cited until after the pemit was requested. Gator Engineering noted on the drawings that the dock probably met all the Codes at the time it was built. He also noted that it showed normal weathering and aging. Nothing in the report indicated structural supports being bad. The engineer could not certify that it meets today's Codes. Attorney Cherof feels this subject matter is appropriate for Code Enforcement or staff and the City Attorney to deal with before it reaches Code Enforcement. This should not be preconsidered or prejudged by the City Commission. Vice Mayor Matson asked that the June lOth deadline be put on hold while this problem is addressed by staff. City Manager Parker explained that this is the first time she or the City Attorney have heard about this situation. There are a number of special dock permits the City Manager's Office has recently been made aware of. She will investigate this situation and set up a meeting with the affected departments and City Attorney's Office to try to get this issue resolved. Commissioner Aguila explained that there are many things in this City which were built many years ago. The assumption should be that they were built legally at that time. There should not be a presumption that they are automatically illegal. He is sympathetic to the frustration these people feel about being penalized for trying to do something good. He feels the City should try to help them solve their problem. Mr. Jaeger agreed with Commissioner Aguila, but pointed out that the City Attorney informed him that there is no type of grand- father clause in this State; therefore, they are not permitted the latitude to use common sense. VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS: A. Items for discussion requested by Vice Mayor Lynne #arson 1. Report on Directions '94 Vice Mayor Matson reported that she was very honored to have been chosen the only Vice Mayor to participate in the three-day conference. It was a very busy conference. At previous meetings, eight priorities were targeted. Those targets were education, economic development strategies, at-risk population and areas, safe communities, families and neighborhoods, intercultural and race relations, leadership and conflict resolution. The participants were divided into fifteen groups. The group changed three times. There was wonderful dialogue among Vice Mayor Matson's group because of their diverse backgrounds. This group tackled education with a small amount of - 13- 'MINUTES~ - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 conflict resolution at the end. Throughout the three days, each group had to target three goals for each priority. They also had to develop an action plan for each priority, determine the agency which would take the lead, determine the funding source and devise how to measure the success of their actions. A vote was taken on everyone's goals and after answering numerous surveys, a master strategic plan was developed for Palm Beach County. The work was not finished because of the large number of revisions. The new plan will be amended and Vice Mayor Matson will present that plan to Commission members. Vice Mayor Matson lobbied long and hard for mass transit and it was agreed and voted on to be one of the top priorities. Vice Mayor Matson feels a great deal was accomplished at this conference. 2. Traffic problems at Boynton Lakes Plaza Vice Mayor Matson reported on the numerous telephone calls she has received from residents in the vicinity of this Plaza. Some of these residents have been involved in minor traffic accidents, but there have been three fatalities since January, 1994. There are several problems as follows: Walgreen's - There is an ingress/egress on the west side of the building. The delivery trucks are blocking the ingress and people entering the center are using the out lane, going around the delivery trucks and ac- cidents are occurring. City Manager Parker asked that the City Engineer contact Walgreen's and the manager of the Plaza to advise them of the delivery truck problem. Mr. Finizio's letter advised that circulation conflicts and line of sight obstruc- tions are being encountered. Another letter will be sent to them. Plaza Lane onto Congress Avenue - People are going across Congress Avenue from one shopping center to the other. People in Boynton Lakes Plaza are trying to make a left turn onto Congress Avenue, while the people at Meadows Square are trying to make a right turn to get onto Congress Avenue. The lanes are converging from three lanes to two lanes. There are also two turn lanes. Many times, there are four cars in the intersection. The people trying to get into the left turn lane to make the left turn onto Hypoluxo Road cannot see if anyone is already in the lane because of the vehicles in the intersection. Commissioner Katz questioned whether or not an island could be constructed so that the vehicles will only be able to go to their right. Commissioner Aguila stated there are a number of things which can be done, and he suggested that this situation be investigated so that it will be handled properly. Vice Mayor Matson pointed out that the County will have to get involved since this is a County road. Commissioner Aguila is supportive of studying the options and doing something quickly. There are ways to modify the medians. Consensus There was a consensus of the Commission that a comprehensive study be performed to address this situation. - 14- 'NINUTE$ - REGULAR CITY COHN[$$ION HEETING BOYHTON BEACH, FLORIDA ~UNE 7, 1994 B. Items for discussion requested by Nayor Pro Tem Natt Bradley 1. Netropolltan Plannlng Organization (NPO) Report: a. 1-95 Landscaping This item was deleted by Mayor Pro Tem Bradley during the agenda approval. b. Federal Highway Update MaYor Pro Tem Bradley reported that the Federal Highway issue is on the agenda for the next MPO meeting. The D.O.T. has devised a new plan, and City Manager Parker was asked to report on that plan. City Manager Parker said that in an effort to meet some of the City's comments, the D.O.T. has devised a compromised position which they are trying to have approved through Tallahassee at this point. Their position involves a seven foot parking stall which is less than the current eight foot standard, and then a four or five foot bike lane adjacent to that. Originally, there were discussions about a bike lane and parking stall in the same space. The City felt there were problems with that suggestion. D.O.T. originally requested no on-street parking at all. The City is in the process of mapping out the accident data for each of the median cuts D.O.T. is proposing throughout this portion of roadway. D.O.T. claims that the reason for the median changes is accidents. Ms. Parker feels the accident data warrants some improvements at the major intersections; however, she feels that the improvements they are attempting to do to close median cuts in front of businesses from the north to south should be left as is. Before D.O.T. came forth with this compromise position, David Hardin and Ms. Parker were going to recommend a joint meeting with the Chambers of Commerce and City Commissions from both cities to present the cities' position to D.O.T. Mr. Hardin and Ms. Parker are still of the opinion that that meeting should take place and she recommended the meeting be held here in Commission Chambers at 5:30 p.m. on Tuesday, June 14th. She feels a unified proposal will carry more weight with the D.O.T. Commissioner Aguila supports the joint meeting and suggested changing the time to 6:00 p.m., if possible. Consensus There was a consensus of the Commission to hold a joint meeting on Tuesday, June 14th, at 6:00 p.m., between Lantana, Boynton Beach and Delray City Commissions and Chambers of Commerce, subject to verification by the other cities. Commissioner Aguila advised that if it is not possible to change the meeting to 6:00 p.m., he will get to the meeting as quickly as possible. c. Trl-County Gang Task Force Mayor Pro Tem Bradley attended a meeting in Miami with Officer Jeff Wood. This group has been sharing information for a few years. Dade and Broward Counties - 15- MINUTES - REGULAR CITY COI4HIS$ION #EETING BOYNTOH BEACH, FLORIDA JUHE 7, 1994 have a sophisticated and in-depth approach to this issue because of the gang problems being experienced in those Counties. The representatives from those Counties advised that Palm Beach County has an opportunity to make a difference. Palm Beach County attempted to organize a Gang Task Force, but because of budget constraints, many municipalities were unable to fund a full-time person to be a member of the Task Force. There is a tremendous amount of crime related to gang activity and the City Commission needs to seriously consider having Officers working in the gang community. Vice Mayor Matson reminded Mayor Pro Tem Bradley of the Gang Workshop which was conducted in this City which included Jim Kelly from the School Board. She pointed out that the people who should have attended, did not. This is an effort which should be considered again in the future. City Manager Parker reported that the CPOs are conducting a Job Fair this weekend for the youth of the community. Since school is ending this week, the Gang Workshop should be considered for the Fall. Commissioner Aguila realized that Mayor Pro Tem Bradley's suggestion involves budget issues which the Police Department might need to consider in order to attack this problem from an investigative or intelligence level. He asked if Chief Dettman plans to propose something in the upcoming budget process. Chief Dettman said the Police Department is attempting to locate grant funds to target for this specific purpose. At the present time, Officer Wood spends a percentage of his daily work effort on this since he is assigned as a CPO. Mayor Pro Tem Bradley commended Officer Wood for his efforts, but pointed out that he has constraints because he cannot work on this full time. Vice Mayor Matson reminded Mayor Pro Tem Bradley of tomorrow's COBWRA meeting. C. Items for discussion requested by Commissioner Jose Agulla 1. Discuss proposal for dealln9 with boats/cars for sale on public rtght-of-wa,y Commissioner Aguila said this is an issue which has been discussed a number of times. He pointed out that there is always a phone number listed on the "For Sale" signs. He suggested the Police Department call the telephone number into Dispatch. Dispatch can then call that number, identify themselves and find out if the car is on property owned by the car owner or if the car owner has per- mission from the property owner to park the car on that parcel. If the car owner does not have permission from the property owner, he/she is to be advised that the car must be moved or be towed within three hours. Attorney Cherof advised that an Ordinance will be required. After a question was posed by Commissioner Katz, City Manager Parker advised that the topic for discussion should have included private property as well as public right-of-way. Attorney Cherof stated that categories which the City cannot regulate under State law include public streets or highways, public parking lots or other public property, or private property on which the public has the right to travel. - 16- , HINUTE$ - REGULAR CITY COHHI$$ION HEETIHG BOYNTON BEACH, FLORIDA JUNE 7, 1994 Consensus There was a consensus of the Commission to move forward with Commissioner Aguila's proposal. Do Changlng mximum dlstance for parking In the Central Business District. There currently exists a Code conflict of one area requiring 800 feet as the maximum parking distance and another area requiring 1,000 feet. An Ordinance change is suggested for consistency. City Manager Parker advised that this pertains to leased parking in the Central Business District. If the Commission is in agreement with staff's recommenda- tion, there is an Ordinance for first reading under Item X.B.3. Commissioner Aguila questioned whether or not there is a situation driving this issue. He is in favor of the recommendation to go with the 1,000 as the crow flies. Vice Mayor Matson recalled discussing this in the past and reaching a consensus to make the change, but that change never occurred. City Manager Parker said the issue of the leased parking has been before the Community Redevelopment Advisory Board. This particular request is driven by the situation with Two Georges marina. Staff would like to move this project forward. If the City Commission moves forward on the Ordinance, this project can go before next Tuesday's Planning and Development Board meeting. Consensus There was a consensus of the Commission to bring this project to the Planning and Development Board next Tuesday. E. Review of Janet Hall's request to waive second application fee for Lighthouse Grill Restaurant This item was tabled at this point. If Janet Hall does not arrive before the end of the meeting, this issue will be tabled until the next City Commission meeting. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 094-12 Re: Change name of Elderly Advisory Board to Senior Advisory Board The Elderly Advisory Board has requested that the name of the board be changed to Senior Advisory Board to better reflect the population the Board seeks to serve. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Attorney Cherof read Proposed Ordinance No. 094-12 by title only. - 17 - , NINUTE$ - REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA ~UHE 7, 1994 Notlon Commissioner Aguila moved to approve Proposed Ordinance No. 094-12 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. Proposed Ordinance No, 094-13 Re: Delete Coalition of Boynton West Residents Association (COBWRA) members from the Education Advisory Board. The Education Advisory Board currently includes positions for two members of COBWRA who reside outside of the City limits. It is recommended that we delete those positions, which are currently vacant, from the Board. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Attorney Cherof read Proposed Ordinance No. 094-13 by title only. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-13 on second and final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. 3. Proposed Ordinance No, 094-14 Re: Amend the Sign Code regarding billboards. This Ordinance provides a five-year period for bringing non- conforming signs which are annexed into the City into compliance with City Codes. This item was deleted from the agenda during the agenda approval. B. Ordinances - 1st Reading 1. Proposed Ordinance No, 094-15 Re: Adopt amendments to Chapter 13 Occupational Licenses. Attorney Cherof read Proposed Ordinance No. 094-15 by title only. Mayor Pro Tem Bradley inquired as to why the Commissioners received a second copy of the Ordinance. Attorney Cherof advised that the original Ordinance deleted all of Chapter 13 in its entirety where the intent was only to delete certain articles of that Chapter. Commissioner Aguila referred to the last paragraph of Section 13-13 on Page 5 of the Ordinance. He asked for a definition of the term "open for business". Attorney Cherof stated that the definition of "open for business" would probably be unlocked door and lights on. Commissioner Aguila pointed out that many people bring their work home. He does not want such a situation to be interpreted as "open for business". He feels "open for business" means there is a shingle hanging, a parking lot, a sign and advertising and it is a place where business is conducted. - 18- , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UHE 7, 1994 Attorney Cherof advised that the purpose of the section is to make the prosecu- tion of a violation for doing business without an occupational license a little bit easier from the City's point of view. It is not proof that that is what is occurring, but the City is deemed to have proved it simply by showing that a premise is open and a person can walk in and buy something. Don Jaeger, Building Official, said that in a case where someone has a home occupational license, there would have to be additional proof. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-15 on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. 2. Proposed Ordinance No, 094-16 Re: Amend date that the Education Advisory Board members' terms expire from June to April This Ordinance is being done to be consistent with expiration dates for all other Boards. All new appointments will be made in April of each year. Attorney Cherof read Proposed Ordinance No. 094-16 by title only. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-16 on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. e Proposed Ordinance No, 094-17 Re: Amend Appendix A, Section 6.E.4.c{2}, to provide for a change from 800 feet to 1,000 feet for required parking spaces in the Central Business District. Attorney Cherof read Proposed Ordinance No. 094-17 by title only. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 094-17 on first reading. Commissioner Katz seconded the motion. Vice Mayor Matson asked for identification of the properties which would benefit by this change. City Manager Parker advised that at the present time, Two Georges is the only business in the Central Business District which will benefit by this change. City Clerk Sue Kruse polled the vote, which carried 4-0. 4. Proposed Ordinance No, 094-18 Re: Amending Sign Code regarding billboards. This ordinance provides a five-year period for bringing non- conforming billboards which are annexed into the City into compliance with City Codes. - 19 - · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OUNE 7, 1994 Attorney Cherof read Proposed Ordinance No. 094-18 by title only. Attorney Cherof advised that if the Commission intends to adopt this Ordinance, they should delete the letter designations A and B, not the A and B sections. Motlon Commissioner Aguila moved approval of Proposed Ordinance No. 094-18 with amend- ment on first reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled the vote, which carried 4-0. C. Resolutions: 1. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations ........................ TABLED This Resolution will remain on the table, pending a meeting between the City attorney and the attorney for the Mausoleum. Attorney Cherof advised that this Proposed Resolution will remain on the table until he meets with the Cemetery Board on Tuesday, June 14th. This will be back to the Commission at the next meeting. 2. Proposed Resolution No, R94-96 Re: Boynton Beach Municipal Park and Sara Simms Memorial Gardens Rate Structure Pursuant to City Commission vote on May 17, 1994, the lot costs were increased by $150, openings and closings will be increased by 10%. Attorney Cherof read Proposed Resolution No. R94-96 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-96. Commis- sioner Katz seconded the motion. Vice Mayor Matson requested that the following changes be made under "Lot Sale Prices": Non-city or non-reserve annexation area resident or property owner - per lot $5D0; and Non-city or non-reserve annexation area resi- J~'~'~~'~ rate for small lot for two cremains only ........ $400 The motion carried unanimously. 3. Proposed Resolution No, R94-97 Re: Establishing an additional assessment as a result of violations of criminal law Under this program, as part of the court costs in a criminal case, the judge may assess the defendant with a $2.00 surcharge for the benefit of the arresting agency's education fund. Attorney Cherof read Proposed Resolution No. R94-97 by title only. - 20 - · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 Motlon Commissioner Aguila moved to approve Proposed Resolution No. R94-97. Commis- sioner Katz seconded the motion, which carried unanimously. Proposed Resolution No, R94-98 Re: Authorize execution of Addendum V to the Conceptual Approval Agreement for the Seacrest Scrub Acquisition Project which allows the County to apply for reimbursement from the Florida Communities Trust. Attorney Cherof read Proposed Resolution No. R94-98 by title only. Notion Commissioner Katz moved to approve Proposed Resolution No. R94-98. Commissioner Aguila seconded the motion, which carried unanimously. 5. Proposed Resolution No, R94-99 Re: Adopt job descriptions. This Resolution adopts new job descriptions for the positions of Chief Operator Public Water Operations, Utility Customer Service Supervisor and Personnel Analyst. Attorney Cherof read Proposed Resolution No. R94-99 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-99. Commis- sioner Katz seconded the motion, which carried unanimously. Proposed Resolution No, R94-100 Re: Supporting City's grant application for the Florida Inland Navigation District {F.I.N.D.} - Downtown Mangrove Park. Attorney Cherof read Proposed Resolution No. R94-100 by title only. Motion Commissioner Katz moved to approve Proposed Resolution No. R94-100. Commissioner Aguilaseconded the motion. City Manager Parker advised that F.I.N.D. is requiring another resolution of support in their format in addition to the one already approved by the City prior to the grant submittal. Ms. Parker also advised that previous discussions on this subject included a budget in the amount of $600,000 to $650,000. When the paperwork was finalized for submittal to F.I.N.D., the engineers increased that estimate to $898,234. She requested that the engineers be present at this meeting to go over the budget. Ms. Parker confirmed for Commissioner Aguila that certain items had been deleted from the project which should have produced a cost savings. David John of Robert H, Hiller and Associates, explained that the original budget was prepared from information provided by the architect who designed the amenities building and the supplies for the boardwalk. The first estimate was based on the supplies price. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7, 1994 When this estimate was being prepared, Robert H. Miller and Associates was also working on another similar project known as Westlake in Broward County. The difference between that estimate and this one is that the boardwalk prices which are reflected in the revised estimate are actual bid prices from the Westlake project. This is the best available source of prices the engineers could find. The boardwalk unit price cost increased significantly based on the bid. As engineers of record, they were required to use prices based on the bid process. There are two estimates. One is based on the boardwalks being constructed of treated timber at an estimate of $46.40 per square foot. The second estimate is based on the use of plastic wood at $47 per square foot. This project will require approximately one third more square footage of boardwalk than was in the Westlake bid. The engineers have not gone back and evaluated the effect on the unit rate with the increase in square footage. However, Mr. John feels this is a realistic bid based on prices available late last year. With regard to the support facilities, that portion of the estimate has not changed from the original estimate. In response to Ms. Parker's question, Mr. John explained that the engineers have a letter from the Corps of Engineers to issue a dredge and fill permit for the proposed improvements. They will issue the permit as soon as they receive notification from DEP that the water quality issues have been addressed. Mr. John anticipates filing with DEP early next week and the permits should be issued within two weeks of that filing. Ms. Parker reminded Mr. John that the F.I.N.D. meeting is on June 25th. The City must have the permits at that time. Commissioner Aguila pointed out that when Robert H. Miller and Associates made their original proposal, the information they used was equal to the information used by the other firms. At that time, Commissioner Aguila felt that the proj- ect could be completed for the estimated amount of money the City had at that time. He expressed concern over the fact that the estimated costs have increased between 20% and 40% in some areas, and questioned how that could have happened since the City downsized the project. Mr. John advised that when the presentation was made, Robert H. Miller and Associates used current construction costs. At that time, Florida was moving out of a recession. We are now in a construction boom in South Florida and it is difficult to attract qualified contractors to work in this environment without properly compensating them for their work. That is reflected in the costs. With regard to the contingency, Mr. John stated that he signed and sealed the estimate which the City Commission was reviewing, but it is common practice to provide for a contingency. Commissioner Aguila agreed that prices are reflecting the fact that business is picking up; however, he stated that he was not prepared to go over the original $650,000 planned for this project. Commissioner Aguila suggested cutting back the project to get it within the budget at this time. Perhaps additions can be made in the future. Ms. Parker also expressed her concern about this budget estimate. On June 25th, Ms. Parker and Mr. Frederick will meet with F.I.N.D. to make a grant presenta- tion. That grant is for $195,000. To date, the City has already received approximately $200,000 in grant funds for the project. If the City is not suc- - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dUNE 7, 1994 cessful in getting the F.I.N.D. grant, Ms. Parker will come back to the Commis- sion with a recommendation to delete the entire project. City Manager Parker advised that Ann Ford, Downtown District Coordinator, has one or two grant sources where the City might be able to get between $100,000 and $200,000. If the City is successful in getting the F.I.N.D. grant on June 25th, we will be able to stay within the original City budget which was $200,000. We will then move forward in an attempt to get additional grants from the other sources. If the City is successful in getting the additional grants, we will then only have to fund 20% to 30%. However, if not successful, then downsizing will have to be considered. The problem is that this is only a boardwalk with a meeting plat- form and a restroom. There is not much to downsize. Commissioner Aguila will support this project if the other sources provide funds. He also requested another opportunity to discuss some of the fees included in this estimate. Ms. Parker explained that this is just a budget estimate and the City is not tied to these numbers. Commissioner Aguila feels $109,000 for this project is excessive. Ms. Parker advised that the City still must bid out this project. Robert H. Miller and Associates was hired only for Phase I. Mr. John stated that Robert H. Miller and Associates attempted to cover all areas in order to prepare a responsible budget. The motion carried 4-0. Proposed Resolution No, R94-101 Re: Authorize execution of agreement between the City of Boynton Beach and the Optimist Club of Boynton Beach regarding Quantum District Recreation Park. Attorney Cherof read Proposed Resolution No. R94-101 by title only. Motlon Commissioner Aguila moved to approve Proposed Resolution No. R94-101. Commis- sioner Katz seconded the motion. Commissioner Aguila confirmed that the building being proposed by the Optimist Club will have toilets in addition to the others on the property. In response to Mayor Pro Tem Bradley's question, Attorney Cherof advised that this project moved along very smoothly because of the expeditious handling of this matter by Mr. Frederick and the Optimist Club. Vice Mayor Matson feels this was the perfect example of public/private partner- ships. She is anxious to see this come to fruition. Commissioner Katz also commended Ms. Parker for her efforts. The motion carried 4-0. Jim DeLand thanked the Commission and Mr. Frederick. Ms. Parker questioned whether or not the Commissioners wished to move forward with Gee & Jenson, the engineering firm which prepared the master plan. - 23 - HINUTE$ - REGULAR CITY COHHI$$ZOH HEETING BOYNTON BEACH, FLORIDA JUHE 7, 1994 Mr. Frederick advised that the City will have to revise the master Plan and it will take architectural work. Further, it will be necessary to develop a phasing type program and costs. When the City is ready to bid out the project, construction drawings will be necessary. Commissioner Aguila suggested retaining Gee & Jenson to modify the master plan. When that is complete, if the City then wishes to retain another firm, that would be the time to do it. Commissioner Aguila stated that no other firm will touch Gee & Jenson's plan just to make an addition. Gee & Jenson can modify the master plan on a hourly basis. Mr. Frederick reminded the Commission that our contract with Gee & Jenson allowed for a continuation. He assumes the fees will continue. Vice Mayor Matson stated that she felt there was a consensus that the Commission wants those fees to remain since it is an open-ended contract. There was a consensus of the Commission to retain Gee & Jenson to modify the master plan on an hourly basis using the fees stipulated in the open-ended contract. Vice Mayor Matson advised that Ms. Hall's request would now be considered. IX. E. Revtew of Janet Hall's request to walve second application fee for Lighthouse Grill Restaurant City Manager Parker reported that in January, 1993, Mrs. Hall submitted her Lighthouse Square project for permits, received staff comments and paid the ori- ginal fee. Mrs. Hall's architect moved out of town and there were modifications which were required by staff. A significant time period elapsed between the staff comments and the review. The time period set forth in the Code has lapsed, and Mrs. Hall has been advised by staff that a second application fee is required. She is requesting a waiver of the fee. The major outstanding item which has caused a great deal of the delay is that the property is adjacent to the Boynton Beach Boulevard bridge right-of-way. FDOT has been negotiating with DEP on the location of the bridge. They have been reluctant to move on any projects in relation to the bridge. The parking plan submitted by Mrs. Hall shows parking on the FDOT right-of-way. Staff advised that they cannot approve that unless we have written approval allowing that parking on the bridge right-of-way, or an alternative agreement such as parking under the bridge span if the bridge is located at Boynton Beach Boulevard. Mrs. Hall and her architect have been attempting to work with FDOT to get this approval. So far, they have been unsuccessful. There is an another ninety-day time period set forth in the Code for staff to process this request onto the Community Redevelopment Advisory Board. It was processed to the CRAB Board because there was no administrative means of tabling it from a staff position. There were major items still outstanding at that time and Mrs. Hall requested the CRAB Board table the application so that she would be able to address the items before moving forward. The application was tabled. Mrs. Hall is requesting additional time and that this time be considered under her first fee submittal and a second application fee not be required. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA dUNE 7, 1994 Commissioner Aguila expressed concern over waiving the fee. He would be more comfortable tabling this item for a certain period of time in order to allow resolution of some of the issues. He feels this project was submitted before it was ready to be reviewed by anyone. He would support tabling this item for six months to allow them to seek the necessary approvals and address the comments without additional fees, but if, as a result of the reviews and permits, the project changes substantially and the review is being done again, the City should then consider a fee. Janet Hall~ 326 SW 1st Avenue, said that part of the problem is that this parking with the bridge has been discussed for the past ten years. This involved a standing agreement that if the parking inside the property was lost, she would be allowed to use the area under the bridge for parking. When the plans were first submitted, and the comments received, her architect moved to New York. Also, her engineer transferred his offices to Texas. When the plans were finally resubmitted, she found a number of the items originally brought up had not been taken care of by either the architect or engineer. She was unaware of this and stated that it was beyond her control. She requested relief from the Commission. Vice Mayor Matson noted that she did not want to penalize Mrs. Hall for some- thing not of her doing. Mayor Pro Tem Bradley feels the Commission must be careful not to set a prece- dent with regard to waiving fees. He supports tabling this item for an extended period of time. Vice Mayor Matson explained that the Commission has waived fees in the past and would not be setting a precedent. The agenda back-up package contained informa- tion on previous fee waivers by the Commission. However, she also supports Commissioner Aguila's recommendation so that if this application is resubmitted with a lot of modifications, it will be proof that the project was originally submitted too soon. In response to Commissioner Katz' question about whether or not any of the pre- vious fee waivers were similar to Mrs. Hall's, Ms. Parker said they are not, and nor are they similar to each other. Each one is considered on a case-by-case basis. Ms. Parker pointed out that Mrs. Hall paid $750 in 1993 for the first review, and $1,500 in April of 1994 as a new fee. One review and one resubmit- tal of plans has occurred under that $1,500. Commissioner Katz feels the Commission should not waive fees, but pointed out that the time to consider the fee waiver may be when the plans are resubmitted and the modifications are reviewed. Ms. Parker pointed out that one of the outstanding issues with this project is that it is in an environmentally-sensitive area containing a large amount of mangroves on the property. One of the items the staff submitted as a comment is that the City will not comment on the environmental issues for this project, but forward those issues to the State agencies for review. If everything else is resolved, the environmental issue will still remain outstanding and will go through the process as outstanding at the City level. This will have to be rereviewed for environmental issues, and that will be considered a new submittal to the City when it comes back from the State agencies. - 25 - MINUTES - REGULAR CITY COl~I$$ION MEETING BOYNTON BEACH, FLORIDA OUNE 7, 1994 Ms. Parker stated Mrs. Hall and her architect felt the City was holding up the project. The City was willing, to review it for compliance with City Code, but the State agency review would necessitate major site plan changes that would require an entire rereview by staff. The City has agreed to put its comments on paper so that Mrs. Hall will have a starting point; however, the environmental issues will not receive any City comments. Ms. Parker suggested the City Commission put a timetable of approximately one year on this for the DOT situation and any other outstanding Code items which must be addressed by Mrs. Hall. After that, it should be a new submittal. The April, 1994 fee will hold until April, 1995, to allow sufficient time to get the minor Code comments taken care of and the application will move forward. Anything after that date will be a new review. Mrs. Hall stated that she never felt the City was holding up the project. delay was on the part of the architect and engineer. She appreciates the compromise and hopes this will be resolved before April, 1995. The Motion Commissioner Aguila moved that this fee will last for the reviews for the Code comments that she currently has outstanding. She has until April 1, 1995 to get those resolved under the current review system. Commissioner Katz seconded the motion, which carried unanimously. D. Other: 1. Settlement of Ewe11 Miller Claim This is for ratification of settlement of a claim involving charges of malicious prosecution and civil rights violation against the City and two Fire Inspectors. Vice Mayor Matson reminded Ms. Parker that in the past, she requested former City Manager Miller provide a breakdown of how the claim is comprised. She would like a chronological listing of the events of the claim and the costs associated with those events. Mr. Hawkins advised that this claim is still open. It is important to look at how much information the City puts in the document. City Manager Parker asked for clarification on what information the Commission wishes to see in the agenda back-up material. According to former City Manager Miller, Ms. Parker has included the following: 1) the original demand; 2) the amount of the legal fees; 3) how much in City costs has been incurred; and 4) the projected cost if the City goes to trial. Vice Mayor Matson asked that Mr. Hawkins attempt to have Sewell, Todd & Broxton, Inc. provide the Commission with the same type of synopsis Roberts & Reynolds provides. The'information from Roberts & Reynolds is confidential and is sent to the Commissioners under separate cover. Motion Commissioner Aguila moved to settle this per staff recommendation. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 7, 1994 XI. OLD BUSINESS: A. Discussion on Cemetery Board/Mausoleum ..................... TABLED Attorney Cherof requested this item remain on the table until the next meeting. B. Downtown Improvements - Contract Update from Staff and Request for Further Direction City Manager Parker advised that she had a meeting this afternoon with the contractors to work out the details of modifying the project. She reminded the Commission that the project was downsized from the original plans. As a result of today's meeting, the contractor and the City reached a basic agreement as follows: To modify the current agreement by executing a mutual release with ARZ for the outstanding items we are not doing and to amend the project documents to limit the work to the street lighting elements only. Ms. Parker feels the other items can be deleted from the contract and be per- formed by City crews. Also, Ms. Parker and Ms. Ford spoke about adding the paving of the parking lot downtown and the landscaping of the FEC tract as addi- tional items the City can move forward on with the current City staff within the current budget. Ms. Parker is planning to add those items and move forward with them. The street lighting element will be offered to ARZ on a fixed-price basis. Agreement was reached to pay ARZ $1,547 for out-of-pockets costs to date for striping the road and some additional costs. The City will release him from the current bond requirement. Commissioner Aguila stated that ARZ did a professional job for the City and was accommodating to our schedule. For various reasons, the project was downsized to a point where it needs to be drastically adjusted. The fact that ARZ is com- fortable with the adjustments shows their professionalism. If they received a bad rap from the City, it was undeserved. Commissioner Aguila is glad ARZ will stay with the City. Motion Commissioner Aguila moved to authorize City Manager Parker to move forward. She will bring the documents back to the City Commission for final ratification on June 21, 1994. Commissioner Katz seconded the motion, which carried 4-0. XII. CITY NANAGER'S REPORT: City Manager Parker reminded the Commissioners that a Municipal League bulletin was received regarding the Marlins vs. the Chicago Cubs game on Wednesday, June 22, 1994. It is a complimentary game and the Palm Beach Delegation will be attending. She asked that the Commissioners contact her if they did not receive that bulletin. XIII. OTHER: None - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA JUNE 7, 1994 XIV. ADJOURNMENT: There being no further business to come before the City Commission, Commissioner Aguila moved to adjourn the meeting at 9:25 p.m. Mayor Pro Tem Bradley seconded the motion, which carried unanimously. THE CITY OF BOYNTON BEACH ATTEST: City ~lerk Vice Mayor )'Commissioner Commissioner - 28 - AGENDA JUNE 7, 1994 III. CONSENT AGENDA cc: Finance gecreation Utilities 10. ADVia_NCED DATA PROCESSING, INC. P. O. 5694. Collectfons for ALS calls. Pay from General Fund 001-221-5-468-00. ADVANCED FABRICATORS, INC. P. O. 7050, Molded flatbed for dump truck. Pay from Vehicle Serv. Fund - 501-193-5-681-00. ALLIED SAFETY, INC. P. O. 7025. Single point gas monitor. Pay from Water & Sewer Rev. Fund 401-335-5-642-00. ALLIANCE PUMP & MOTOR REPAIR, INC. P. O. 7211. Repair EMU pump. Pay from Water & Sewer Rev. Fund 401-352-5-433-03. ASHLAND CHEMICAL COMPANY P. O. 5833. Water processing chemicals. Pay From Water & Sewer Rev. Fund 401-335-5-365-00. B.L.C. LAWN & MAINTENANCE P. O. 6246. Landscape maintenance w/e 05/27/94. Pay from General Fund - 001-722-5-430-15. BARNETT BANKS TRUST COMPANY, N.A. Management and custodial fees for quarter ending 03/31/94 for General Employees Pension. Pay from Employees Pension Fund 611-137-5-225-00. BUY THE SQUARE YARD P. O. 6716. Vinyl and tile flooring. Pay from Public Serv. Tax Fund 301-194-5-634-12. CENTER FOR FAMILY SERVICES Employee Assistance Program for April, May & June. Pay from General Fund 001-135-5-482-00. CHEMLINE P. 0. 5718. Lime for chemical softening. Pay from Water & Sewer Rev. Fund 401-335-5-365-00. $5,200.81 $2,870.00 $2,983.25 $1,882.79 $3,664.58 $3,414.00 $21,636.66 $8,760.46 $4,190.46 $9,135.72 COMMISSION JUN 7 1994 APPROVAL 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. CHURCH & CHAPEL METAL ARTS, INC. P. O. 6445. Ledyard device w/adjustable load bars. Pay from Cemetery Trust Fund - 631-399-5-642-00. $3,463.00 DAVIS, HAMILTON, JACKSON & ASSOCIATES Management fees for quarter ending 03/31/94 for General Employees Pension. Pay from Employees Pension Fund 611-137-5-225-00. $18,688.61 DOMINICA RECREATION SUPPLY (GAMETIME) P. O. 6202. Playground equipment. Pay from Public Serv. Tax Fund - 301-722-5-634-07 $45,492.00 Meadows Park II 301-722-5-634-08 $46,129.00 Boynton Lakes $91,621.00 EASY PAY TIRE STORES, INC. P. O. 5563. Tires for city vehicles. Pay from Warehouse Fund - 502-000-0-410-17. $1,679.42 GABRIEL, ROEDER, SMITH & COMPANY Actuarial and consulting services. Pay from Employees Pension Fund 611-137-5-229-00. $8,605.00 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS Professional services through 04/01/94. Pay from Water & Sewer Rev. Fund 401-392-5-463-00. $2,620.00 GEMAIRE DISTRIBUTORS, INC. P. O. 6979. Sanyo wall unit A/C. Pay from CIP Rec. & Beach Imp. Fund - 303-000-0-693-30. $1,631.00 GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. P. O. 5515. Engineering services on CDBG, Phase II. Pay from Federal Grants Fund - 105-513-5-630-17. $59,388.94 GOLF VENTURES P. O. 7130. Cushman gas riding mower (3 wheel). Pay from Vehicle Service Fund - 501-193-5-688-00. $6,727.00 GROLIER CORPORATION Set of Encyclopedia Americana 1994. Pay from General Fund 001-711-5-661-00' $1,044.00 HARRELL'S, INC. P. O. 7085. Fertilizer for greens. Pay from Golf Course Rey. Fund - 411-726-5-366-00. $2,390.00 HELENA CHEMICAL COMPANY P. O. 7100. Roundup herbicide. Pay from Warehouse Fund - 502-000-0-410-11. 2 $1,022.00 COMMISSION JUN ? 1994 APPROVAL 23. HOLIDAY INN CATALINA CENTER $1,200.01 P. O. 7112. Catering for Police Awards ceremony. Pay from General Fund - 001-211-5-450-07. 24. JO~I~SON YOKOGAWA $2,200.00 P. O. 5657. RPR/Calibration control. Pay from Water & Sewer Rev. Fund - 401-336-5-499-00. 25. JONES CHEMICALS, INC. $9,645.63 P. O. 5654. Chlorine and sulfuric acid. Pay from Water & Sewer Rev. Fund 401-335-5-363-00 $6,011.00. 401-335-5-365-00 $3,634.63. 26. JOSIAS & GOREN, P.A. $6,331.75 General professional services for April, 1994. Pay from General Fund 001-141-5-461-00. 27. KILDAY & ASSOCIATES $2,554.89 Professional Services on Congress Ave. Medians. Pay from Public Serv. Tax Fund 301-722-5-629-45. 28. LAKE WORTH HERALD $8,614.63 P. O. 5722. Printing Summer edition of Funfare! Pay from General Fund 001-721-5-472-00. 29. LAWMEN'S PHOTO $4,897.00 P. O. 6954. Camera supplies for Detective Division. Pay from Misc. Trust Fund - 691-000-1-690-60. 30. LAWSON, NOBLE & ASSOCIATES, INC. $6,689.25 Professional services from 03/26/94 - 04/22/94. Pay from Federal Grants Fund - 105-722-5-463-10 - $1,431.75. 31. 32. Professional services from 03/28/94 Pay from Water & Sewer Rev. Fund 401-392-5-463-00 - $5,257.50. 05/20/94. LEACHEM INDUSTRIES, INC. P. O. 5538. Polymer for chemical treatment. Pay from Water & Sewer Rev. Fund 401-335-5-365-00. MARQUETTE ELECTRONICS P. O. 6726. EMS supplies for Warehouse stOck. Pay from Warehouse Fund 502-000-0-410-18. $1,890.00 $1,559.00 33. MERICOM SYSTEMS, INC. $3,095.70 P. O. 7045. Computer/Data Equipment. Pay from Employees Pension Fund 611-137-5-670-02 Police Pension Fund 612-138-5-670-02 Fire Pension Fund 613-139-5-670-02 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. $1,031.90 $1,031.90 $1,031.90 MURRAY LOGAN CONSTRUCTION $1,552.50 P. O. 1217. Final payment on replacement of pump stations. Pay from Water & Sewer Util. Rev. Fund 421-000-0-691-21. THE NEWS Legal advertisements for April, 1994. Pay from General Fund - 001-122-5-470-13 Pay from General Fund - 001-122-5-475-00 $462.69. $612.76. $1,075.45 NORTHERI~ PALM BEACH COUNTY WATER CONTROL DISTRICT NPDES 5 year permit, payments 7 &8. Pay from Stormwater Utilities Fund 425-000-0-692-10. $2,616.66 O. M. SCOTT & SONS COMPANY P. O. 6816. Weedgrass control. Pay from Golf Course Rev. Fund 411-726-5-361-00. $3,199.96 PALM BEACH TEST & BALANCING, INC. P. O. 6529. Test & balance City Hall A/C unit. Pay from Public Serv. Constr. Fund 301-194-5-631-12. $9,800.00 PEROXIDATION SYSTEMS, INC. P. O. 5582. Hydrogen peroxide for corrosion control. Pay from Water & Sewer Rev. Fund 401-352-5-365-00. $8,430.00 PETERSON INDUSTRIES, INC. P. 0. 7127. Rebuild rotator motor. Pay from Sanitation Fund 431-341-5-433-00. $2,961.29 PETERSON INDUSTRIES, INC. P. O. 5993. New loader & trash dump body. Pay from Vehicle Serv. Fund - 501-193-5-688-00. $19,250.00 PIECO Troubleshoot and repair Gasboy System. Pay from Vehicle Serv. Fund - 501-193-5-433-00. $1,073.60 PIPER INDUSTRIES P. O. 6750. Recycling bins. Pay from Sanitation Fund - 431-341-5-342-00. $2,970.00 COMMISSION JUN ? 1994 APPROVAL L 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. ROBICON GROUP P. O. 7206. Power block to repair LS #801. Pay from Water & Sewer Rev. Fund 401-352-5-433-00. $2,052.00 ROCKLAND CONSTRUCTION P. O. 6157. Construction at Meadows Park and Boynton Lakes Park. Pay from Public Serv. Tax Construction Fund - 301-722-5-634-07 $162,750.60 Meadows Park. 301-722-5-634-08 $ 59,039.10 Boynton Lakes. $221,789.70 SAFETY EQUIPMENT COMPANY P. 0. 7073. Sensors to monitor Hydrogen Sulfide. Pay from Utility Capital Imp. Fund 404-000-0-691-10. $1,732.00 SAN BERNADINO CO. HUMAN RESOURCES Annual membership to item bank. Pay from General Fund - 001-135-5-395-00. $1,500.00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY P. 0. 6839. Recycling containers. Pay from Sanitation Fund ~ 431-341-5-342-00. $5,708.00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY P. O. 7020. Recycling containers. Pay from Sanitation Fund - 431-341-5-342-00. $5,708.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Request #1 - sludge modifications/emergency chlorine scrubber Pay from Utility General Fund - 403-000-0-691-22. $40,522.50 SOUTHERN FENCE P. 0. 6936. Aluminum fence for maintenance facility. Pay from Golf Course Rev. Fund 411-726-5-680-09. $4,450.00 TAMMY STANDIFER $2,400.00 Annual bonus per contract. Pay from Employees Pension Fund 611-137-5-468-04 $1,200.00. Police Pension Fund 612-138-5-468~04 $600.00. Fire Pension Fund - 613-139-5-468-04 $600.00. TARE LAWN MAINTENANCE P. 0. 5781. Lawn maintenance 05/09/94 - 05/27/94. Pay from General Fund 001-722-5-430-15. $6,005.00 TENNIS TECHNOLOGY, INC. P. O. 7170. Resurface 3 tennis courts. Pay from Publis Serv. Tax Constr. 301-721-5-629-40. $4,035.00 5 COMMISSION JUN ? ].994 APPROVAL 55. THOMPSON PUMP ~13,894.00 P. O. 6854. 6" Trash pump with trailer. Pay from Water & Sewer Rev. Fund - 401-351-5-642-00. 56. UNITED HORTICULTURAL SUPPLY $1,096.00 P. O. 5671. Pesticide for Golf Course. Pay from Golf Course Rev. Fund 411-726-5-361-00. 57. WATER RESOURCES CORPORATION $3,700.00 P. O. 5995. Submersible pump. Pay from Water & Sewer Rev. Fund - 401-352-5-642-00. 58. XEROX CORPORATION $3,249.79 P. O. 5720. Monthly copier leases & meter usage. Pay from General Fund - 001-194-5-422-00. These bills have been approved and verified by the department heads involved. Checked and approved for payment. I therefore recommend payment of these bills. Carrie Parker, City Manager 6 CO N JUN 9' 1994 APPROVAL