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HomeMy WebLinkAbout2005-06-06 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, JUNE 6, 2005 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, June 6, 2005, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ABSENT: Vice Mayor Beth Flansbaum-Talabisco. ALSO PRESENT: City Manager Jeffrey L. Miller, Deputy City Manager Michael C. Cernech, Interim Assistant City Attorney Julie Klahr, and City Clerk Marion Swenson. Mayor Schreiber led the pledge of allegiance. City Manager Miller advised that due to a family emergency, Vice Mayor Flansbaum- Talabisco would not be in attendance at today's meetings. Mayor Schreiber moved out of the regular order of business on the agenda to take up items 2(d) and 2(e) on the workshop agenda. d. Item No. 8. AMENDING CHAPTER 16 OF THE TAMARAC CODE — PENSION AND .RETIREMENT: (TO2087) Motion to adopt ordinance on first reading amending the City of Tamarac Code of Ordinances by specifically amending Part Il, Chapter 16, Pension and Retirement, Article ll. Declaration of Trust, Division 2. Board of TrusteE s, Section 16-56. Members to delete the appointment of a member of the board by the finance director and replacing that position with an elected member; amending Article III. Pension Plan, Division 1. Definitions, Section 16-126. General employee to provide for the exclusion of administrative, managerial/professional and executive positions from the definition of general employee; amending Article III. Pension Plan, Division 3. Credited service, Section 16-191. Participation to provide the option for certain employees to participate in a new defined benefit pension plan; Section 16-198, Refund of Contributions to provide for a refund of contributions to participants who transfer to new plan; providing for codification. e. Item No. 9. AMENDING CHAPTER 16 OF THE TAMARAC CODE — CREATING PENSION PLAN AND TRUST FUND FOR ELECTED AND APPOINTED OFFICIALS, EXECUTIVE, MANAGERIAL/PROFESSIONAL AND NON -REPRESENTED ADMINISTRATIVE-- _-_.___. :. ( 86) Motion to adopt ordinancemance on first reading amending Chapter 16, of the Code of the City of Tamarac enacting a new Article IX, creating a pension plan and trust fund for elected and appointed officials, executive, managerial/professional, and non -represented administrative employees-, providing for codification. Human Resources Director Swanson, Robert Klausner, June 6, 2005 City Commission Workshop Page 1 of 9 Pension Attorney, and Charles Carr, Southern Actuarial appeared. City Manager Miller said staff has worked with consultants on the pension plan for the last year in order to put together an option that could be elected by 100 employees who are not represEmted by unions. The purpose of the proposed pension plan is to implement an objective of the strategic plan regarding attracting and retaining employees. Human Resources Director Swanson reiterated staff has been working on the plan for over a year, as a component of the strategic plan to attract and retain employees. Human Resources Director Swanson introduced Messrs. Klausner and Carr. Attorney Klausner said his specialty for the past 30 years has been to advise state and local governments with regard to retirement issues. He serves as an advisor to plans in 70 states and local governments from Key West to Alaska. Mr. Carr said he provides actuarial services for the Tamarac General Employee and Firefighter Pension plans, and serves clients in Florida, Georgia and Alabama. Mr. Carr explained the difference between a defined benefit and a defined contribution plan, and said since this is a new plan the first thing that must be done is to produce an impact statement, the purpose of which is to give the government an idea of the expected cost of the plan. Attorney Klausner outlined the terms of the plan and said the greatest amount of competition for public and private sectors is upper management personnel. Attorney Klausner discussed the options available to plan participants as well as credit for prior year's service, and the fact that those hired after the plan is implemented will automatically be included in the plan. Commissioner Roberts asked how elected officials who have already reached retirement age will affect the plan and Attorney Klausner said the plan retirement age is designed to reflect the mature workforce. Commissioner Sultanof questioned the vesting term and Attorney Klausner said it is five years, and the structure of the plan is designed to take advantage of the shorter term for elected officials. Commissioner Portner asked if the plan in any way reflects the present administration's regard for social security benefits and Attorney Klausner replied this is a hedge against social security's uncertainty. The defined benefit plan offers a guarantee of retirement security and is the best thing the Mayor and City Commission can do for the employees. Commissioner Roberts asked about the cost of the plan should all of the eligible employees not opt into the plan and Mr. Carr responded there will be a lower cost to provide the benefit should fewer people choose to elect the plan. The estimated cost is about 30% of the employee's salary; 10% paid by the employee and the rest paid by the employer. That percentage could change depending on the make-up of the group. If only older, long service employees elect the plan then the dollar cost will be less but the percentage of payroll cost will be more. The present figures are based on the assumption everyone who is eligible will choose to take the plan. Commissioner Roberts asked about the transition period and whether there will be another window in the future. Attorney Klausner explained there are financial incentives to opt into the plan at this juncture. If employees wait to join after the initial period then it will cost more. Commissioner Portner asked what 20% of the payroll would cost the city and Mr. Carr said approximately $5.2 million. The initial cost to the city is limited to $1 million the first year with employee contributions of $500,000. Commissioner Portner asked if everyone would be vested immediately and Mr. Carr said there is a gradual vesting schedule; five years to become fully vested at a rate of 20% per year. Human Resources Director Swanson explained prior City of Tamarac service will count toward June 6, 2005 City Commission Workshop Page 2 of 9 vesting but outside service will not. Commissioner Portner asked about employees called to military service who are not yet vested and Attorney Klausner said if the service to the City of Tamarac is interrupted by military service, federal law requires us to grant service years for that time. If military service occurs before the employee joins the City of Tamarac they can then purchase that time. Mayor Schreiber said based on the way the plan is set up it is very attractive as it provides a greater benefit and the main purpose of the plan is to attract and keep employees. Commissioner Portner questioned whether an employee in the plan four years then decides to leave will be 80% vested. Attorney Klausner said the money stays with the city and works for the benefit of the plan until the employee begins taking a distribution. Commissioner Portner asked about survivor benefits and Attorney Klausner said in lieu of taking the life benefit the employee can choose to set aside a portion of the retirement funds if they believe their spouse will outlive them; then when the employee passes there will be a continuation of guaranteed payment to the surviving spouse until the spouse's death. Commissioner Roberts asked what would happen if the spouse passed before the employee and Attorney Klausner said there is a pop up option and the employee can purchase protection against the spouse or designated beneficiary's death before the employee; the employee's benefit will rise, since this event will no longer come to pass. Commissioner Portner questioned the outcome if both the employee and beneficiary pass and there is money left in the employee's plan. Attorney Klausner said if it is not received in benefits it is possible to arrange for the money to go to the children. Human Resources Director Swanson added the plan has a life annuity and 10-year certain. Attorney Klausner explained the employee is guaranteed 120 payments from the plan. If the employee designates a beneficiary and passes before the balance of payments are made, the money goes to the beneficiary, or becomes part of the estate in absence of a named beneficiary. Commissioner Roberts asked if the forms the employees fill out provide for a choice for survivor benefits and if this is explained to the employees. Attorney Klausner said state law requires the plan be written in plain language with updates every other year. Pre -retirement counseling is recommended; the National Pre -Retirement Education Association is an organization that educates governments on how to counsel employees approaching retirement. Human Resources Director Swanson added because we are moving management people out of the general employee's plan, that ordinance will have to pass, also, which is why two ordinances are being presented to the Mayor and City Commission. The General Employees' Pension Board approved the ordinance in concept and it will be presented to the Pension Board before it comes back to the Mayor and City Commission for second reading. Attorney Klausner thanked Human Resources Director Swanson, City Manager Miller and the City Attorney's office for their invaluable assistance in this work, and added Tamarac has a great management team. Mayor Schreiber returned to the regular order of business on the agenda. :l*i41!11lr_AIIs] ►WOMU4 7&INkyill01[rW_1i•IQZ4111It ill :?AW-11A&,We]40k94V FEASIBILITY„ STUDY: Community Development Director King and Dan Gottlieb, AMS Planning and Research Corporation appeared. Community Development Director King explained about one year ago the City Manager Miller and staff brought to the Mayor June 6, 2005 City Commission Workshop Page 3of9 and City Commission's attention the possibility of a performing arts center. AMS Planning and Research was ranked highest in the procurement process and was chosen to do a feasibility study. Community Development Director King introduced Dan Gottlieb of AMS Planning and Research who gave a presentation on the process, findings and market analysis. Mr. Gottlieb revealed two potential sites for the cultural center; 94t" Avenue and 57t" Street or piggy -backing onto the existing community center. There was discussion about parking and parking garages. Mr. Gottlieb spoke of a city owned/operated cultural arts center or a public/private partnership. Mayor Schreiber said the project would cost between $10 million - $16 million and asked if the project is designed for the city or the benefit of Main Street. City Manager Miller said it is for the entire city. Mayor Schreiber spoke of the need for corporate sponsors to help with the financing and added the need for a parking garage that would house 300 vehicles. Mayor Schreiber said Main Street will not be developed for at least another five years and he did not see any reason to rush into this project; if we can wait it may be easier for the city to finance the project. City Manager Miller said today's presentation is purely informational, and this afternoon various methods to finance the project will be presented to the Mayor and City Commission. No action is needed at this time. The consultant has indicated the project is feasible and the next step is to begin plans to survey the residents and citizens, operating plans, and architectural drawings, all of which will take several years. Commissioner Sultanof asked whether we can expect any funding from the National Endowment for the Arts or from developers. Mr. Gottlieb said federal money for this kind of project is rare. Mr. Gottlieb asked the Mayor and City Commission to consider mixed -use development as a possibility. Commissioner Sultanof said the Broward County Cultural Affairs Committee could be another source of funding. A survey done by the medical profession shows demographics in Tamarac are changing and younger families will ask for the types of programs that can be provided through a cultural center. Commissioner Portner asked if the Kings Point Theater is open to the public and Commissioner Sultanof said it is open to members and invited guests who pay a fee for entry. Commissioner Portner asked about the possibility of outside management for the cultural center and Mr. Gottlieb said no existing non -profits in the community are interested, and for -profit management is rare. It is more efficient for the city to operate the center. Commissioner Portner said it is foolish to wait as costs will only go up. If we do this now we will attract more venues to the area as opposed to waiting three-four years. Mr. Gottlieb explained these projects tend to be more complicated than people realize and there is a lot of work to do before the conceptual design phase. 2. JUNE 8, 2005 AGENDA ITEMS: a. Item No. 6(f). STATE AGREEMENT FOR MAC (MUTUAL AID COMMUNICATIONS) UNIT AND GRANT FOR TO VEHICLE: (TR10715) Executing a sub -grant agreement for Florida Domestic Preparedness Strategy with the State of Florida, Department of Financial Services, Division of State Fire Marshall, to receive a Mutual Aid Communications (MAC) Trailer and to accept a sub -grant award in an amount not to exceed $25,000 for the purchase of a tow vehicle for the MAC Trailer. Division Chief Sheridan appeared and gave a presentation. Mayor Schreiber asked if June 6, 2005 City Commission Workshop Page 4 of 9 this equipment can be taken out of Broward County in an emergency and Division Chief Sheridan said it will be deployed wherever the state feels the need. Commissioner Sultanof confirmed that this is a sub -grant to purchase a tow vehicle with no matching funds and asked if we own the vehicle. Division Chief Sheridan said it is on permanent loan to the city to be used for state deployment. Commissioner Roberts asked whether our personnel would go with the trailer wherever it is needed throughout the state. Division Chief Sheridan said we are under no obligation to provide a crew; however, we may go to assist other cities as we did in the past hurricane season, and get reimbursed through FEMA. Mayor Schreiber called for a recess at 10:50 a.m. The workshop meeting reconvened at 11:00 a.m. with all present as before. b. Item No. 6(g). DIESEL FUEL PURCHASE: (TR10724) Purchasing diesel fuel from BV Oil Company, Inc. and Port Consolidated, Inc. utilizing Coral Springs Co-op Contract #05-A-120F; authorizing total annual expenses for the purchase of diesel not to exceed $100,000. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Purchasing/Contracts Manager Glatz gave a presentation and explained the new contract has a built-in readiness for hurricane preparedness. Additionally, a backup vendor was awarded in the event the primary vendor is unable to meet our requirements. Mayor Schreiber asked if there is a set price and Purchasing/Contracts Manager Glatz responded it is a set factor; the price can fluctuate but we will not pay additional profit to the vendor. Commissioner Sultanof confirmed we will now deal with the distributor rather than a jobber. There was discussion of the city's storage tanks for diesel fuel. C. Item No. 6(j). EXECUTION OF__ STIPULATED FINAL _JUDGMENT AS TO RESPONDENT DAN,INC_ PROFIT SHARING TRUST: (TR10730) Authorizing the execution of a Stipulated Final Judgment as to Respondent Dan, Inc. Profit Sharing Trust, inclusive of any and all claims, attorneys fees and costs. Public Works Director Strain and Interim Assistant City Attorney Julie Klahr appeared. Public Works Director Strain explained we entered into an agreement with the owners, Dan, Inc. to purchase the property at a cost of $21,500. The city's east stormwater pump is situated on the property. Mayor Schreiber asked if we have legal recourse since the pump station has been on the property for so many years, and Public Works Director Strain said if there is a public use on the property the public use must remain. If we did nothing to the pump station we would not have to purchase the property. There is a dispute over the expert witness fees and attorney fees, but the city and attorneys for Dan, Inc. have stipulated to move forward with the process and settle the costs at a later time. Commissioner Roberts asked how big the property is and Public Works Director Strain said about .8 acre. Commissioner Portner asked what the property was originally purchased for at auction and Public Works Director Strain said Dan Inc. paid $20,000 - $25,000 for 13 acres. Deputy City Manager Cernech explained the city made an offer for the entire 13 acres but the owners wanted $1 million, and the city felt the property was not worth $1 million. Commissioner Portner asked about the appraised value of the 13 acres and Interim Assistant City Attorney Klahr said in the event the city wished to purchase the June 6, 2005 City Commission Workshop Page 5 of 9 additional acreage it would be best not to reveal that information at this time, for the purposes of keeping negotiations confidential. The city is trying to settle specific issues to get the process effectuated. If we can not agree to the other issues pending we can go back to court. Mayor Schreiber asked who the original owner of the property was and Public Works Director Strain said it was the developer, Mr. Behring. Commissioner Portner questioned Item 6(e) on the agenda. SUPPORTING VOTING RIGHTS FOR .. WASHINGTON, __ D.C. U.S. HOUSE OF REPRESENTATIVES DELEGATE: (TR10731) Recognizing and fully supporting the rights of the District of Columbia's elected representative to have full voting rights in the United States House of Representatives; directing the City Clerk to provide a copy of this Resolution to the Deputy Director of the National League of Cities. Assistant City Manager Phillips said this request was from the National League of Cities to provide Washington, D.C. with a voting delegate. Currently the delegate only has the ability to vote in committee, but that is not in the best interests of the residents. Commissioner Portner said the NLC covers the entire country and he wondered if the request for supporting legislation went to every city. Assistant City Manager Phillips responded the request came to us through the NLC in a mailing to the Mayor but she did not know how many cities were included. Commissioner Portner said he would ask the Mayor and City Commission to support this resolution. Mayor Schreiber explained this came up because the Mayor of Washington, D.C. wants his people to be able to vote, and probably every member of the NLC was asked to support the resolution. 3. PRESENTATION OF BUSINESS PROCESS IMPROVEMENTS: Building Official Gary Jones introduced Building Operations Manager McIntyre and Code Enforcement Manager Woods. Code Enforcement Manager Woods spoke of the Special Magistrate process, one stop permitting, five day plan review, contractor registration process, standardized inspection logs and customer service survey. Mayor Schreiber asked if there were cases for the Code Board to hear and Code Enforcement Manager Woods said yes. Building Operations Manager McIntyre elaborated on the one stop permitting process and Mayor Schreiber asked how much time is being saved. Building Operations Manager McIntyre explained more than saving time, the effort was to get all the information into the HTE program. Building Operations Manager McIntyre also spoke of plan review for large projects and the tracking system. Commissioner Portner asked how the service is different now than before the new processes and Building Operations Manager McIntyre explained the closer watch and tracking of plans, and quicker turn around time. Additionally a contractor licensing insurance information plan was implemented which allows for monitoring requirements and does not adversely affect the amount of time spent on regulatory processes. Commissioner Sultanof said he was recently informed by two developers that Tamarac's system is better than that of surrounding cities. Code Enforcement Manager Woods elaborated on standardization of the inspection log and Commissioner Sultanof asked how many inspectors Tamarac has. Code Enforcement Manager Woods said five. Commissioner Sultanof asked if' we are able to cover all our bases and Building Official Jones said while we are short two structural inspectors there has been no slowing of the work. Neither the County nor Margate has been able to supply staff to us during this time, due to their own staffing June 6, 2005 City Commission Workshop Page 6 of 9 n issues. Building Official Jones reported that Claudio Grande has accepted a position in Miami Shores as the Building Official, but has consented to assist Tamarac on a part time basis for plan review. Commissioner Portner questioned grandfathering in when there is not adherence to city code, and whether the city could make some of these homeowners come into compliance with the current code. Code Enforcement Manager Woods explained grandfathering is for zoning related issues and there is no grandfathering for aesthetics or maintenance. Building Official Jones spoke of the customer survey and said the responses showed Tamarac has 92% customer satisfaction, out of which 62% rated us excellent. Only 8% were unsatisfied, and of that percentage, only 1 % was very unsatisfied. City Manager Miller said Tamarac has a very high rating for a building department and it helps us compete in economic development. Community Development Director King gave a presentation on business process improvements for community development and said over the last five years the city streamlined occupational licenses and planning and zoning. License processing went from three days to one day and development review which used to average 120-200 days to process applications, now takes 90 days. Community Development handles 60- 80 residents per year for CDBG and SHIP requests, and the department is looking at ways to be able to assist more residents. In the strategic plan one of the six goals was to promote business which we have been successful in doing. Mayor Schreiber asked how the SHIP program operates and how it is advertised. Community Development Director King said the list remains in tact and as we are able to assist people, their names are checked off the list and a file is created on them. During the first three-four years of the program the city took applications only one time each year; however, one year before the contract ended with the original consultant we asked if we could open the application acceptance year round; the names were kept on the list in the order in which they applied. Because there are so many applicants, we tell applicants how to find other sources of funding. Mayor Schreiber said he has received complaints from residents that they are not getting enough information. Community Development Director King explained notices are run in the newspaper and we are currently in a 30 day review process for CDBG funds. When the ad is run for accepting applications, it is very explicit as to what steps the applicant needs to take for consideration for funding. Mayor Schreiber asked how many parcels are left in the commerce park and Community Development Director King said two parcels owned by the Archdiocese of Miami and the hotel site. Commissioner Sultanof questioned the acreage left for the hotel and Fairbanks' participation in securing a hotel. Community Development Director King said the plat is indicated for a hotel and any modification to the site would require Mayor and City Commission review and approval before the request goes to the county. At this time a 300 room hotel is still on the books. Fairbanks Dodge told the city that while they are not in the hotel business they would be willing to market the site to get a hotel for the city. Commissioner Sultanof spoke about wildlife in the vacant parcels owned by City Furniture and added he would prefer not to have another religious edifice in the center as they do not contribute to the tax base. Community Development Director King responded there is no interest from anyone in the two parcels owned by the Archdiocese. Mayor Schreiber questioned an ordinance requiring developers to June 6, 2005 City Commission Workshop Page 7 of 9 relocate wildlife and Community Development Director King said there was interest on the part of the Mayor and City Commission to draft such an ordinance in the mast; however, the Mayor and City Commission were not ready to move forward with the ordinance at that time. City Manager Miller added there were some legal issues with regard to who had jurisdiction over the wildlife, and it was determined by the City Attorney at that time that the city had no authority to do it. The city does speak with the developers on a case by case basis on this issue and we have had 100% cooperation. With regard to the hotel, the Economic Development Foundation has stated this will be the first issue they will undertake. We do not know if we need a 300 room hotel but the 8-9 acres is large enough for a good sized hotel. 4. ONGOING DISCUSSION RE: MAINTENANCEOF CITY SIDEWALKS: Commissioner Roberts said she had asked the City Manager and staff to bring this discussion forward. Commissioner Roberts said she brought the matter up at the NW Council of Mayors meeting and received information from surrounding cities regarding their handling of sidewalk maintenance. Various cities throughout Broward County do maintain sidewalks and Commissioner Roberts asked the Mayor and City Commission to change the Tamarac Code to provide for the city's repair and maintenance of sidewalks. Mayor Schreiber replied if the city did that and anything occurred after the repair then the City of Tamarac would be obligated to defend itself. Mayor Schreiber asked if Commissioner Roberts would be precluded from voting on this matter since she is a homeowner with an abutting sidewalk. Interim Assistant City Attorney Klahr said when voting on anything that benefits the entire city there is no conflict of interest. There is a conflict of interest if the vote were to benefit only the individual. Commissioner Sultanof stated when Interim City Attorney Goren was here he gave the Mayor and City Commission several scenarios regarding repair and maintenance of sidewalks. Commissioner Sultanof said he is not in favor of the city being responsible to maintain and repair sidewalks. The sidewalks belong to the city but maintenance rests with the abutting homeowners. Commissioner Roberts questioned trees in swales, which roots eventually crack sidewalks, and specifically referenced the new Tuscany project that the Mayor and City Commission approved with landscaping. Additionally, Commissioner Roberts questioned the fact that code enforcement was just now citing homeowners, some of whom have only owned the property for a few months. Commissioner Roberts said it would have taken years for the trees in the swales to crack the sidewalks and she did not think it right that new homeowners had to bear the brunt of the repairs. Mayor Schreiber said requiring the city to repair and maintain sidewalks would cost the city about '/ million dollars per year. Commissioner Portner said he understands each of the commissioners' opinions but it is a question of expense to the homeowners. Commissioner Portner asked if the city could set up a fund to assist the homeowner for repairs not to exceed 10% of the cost of the sidewalk, and if that were to be done if the city would have to assume responsibility for the sidewalk. Interim Assistant City Attorney Klahr responded in addition to our other responsibilities we would have the additional responsibility because of paying a percentage of the repair. Commissioner Portner said in that light he understands that what Commissioner Roberts is asking for is humane, but at this point it is not fair for the city of Tamarac to assume that responsibility for the entire city. Commissioner Roberts referenced the June 6, 2005 City Commission Workshop Page 8of9 traffic calming at 70th Street and said the new sidewalks will be the responsibility of the residents and she is not sure the residents are aware of that. Commissioner Roberts suggested public works do the repairs with the homeowner paying for the material. Public Works Director Strain said if the city gets involved we would incur greater liability. A temporary repair on the part of the city is merely to avoid a hazard; but the homeowner must then make the permanent repair. Additionally, the residents involved in the traffic calming asked for the sidewalks. Interim Assistant City Attorney Klahr spoke of liability on the part of the homeowner and the city, and said while the city may pay a claim out of insurance for the sake of expedience, the more that is done on the part of the city the more responsibility falls on the city. The city must weigh injury v. liability. Mayor Schreiber suggested this be brought back at the next meeting when all commissioners are present. Commissioner Portner asked if staff had any information regarding limiting trucks to the right lane and City Manager Miller said staff is still researching the matter. Commissioner Portner said with elections coming up in March 2006 he would like Tamarac to declare a holiday on Election Day and give all city employees the day off. City Manager Miller said he would look into this. Commissioner Portner said he attended a SW Florida Regional meeting on Friday, as he sits on the 441 Committee, and received a Regional Advantage Award presented to the State Road VUS 441 Collaborative, which he is holding until he can present it to David Dahlstrom, Project Manager, Commissioner Portner read into the record a quote: Patience, patience, patience. Patience is the invention of dullards and sluggards. In a well regulated world there should be no need for patience. Mayor Schreiber said since costs for elections are increasing and it is expected the city election in March 2006 will cost approximately $100,000, it would be in the best interest of the people in the city to change to a November election and change the terms of office from three years to four years. Commissioner Roberts said this was pointed out six months to one year ago and the commission decided not to move forward with the idea. Commissioner Portner said in addition to the money, it is more important that we have a greater voter turnout, which we would have with November elections. There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the workshop meeting at 12:40 p.m. Maricn Swenson, CMC City Clerk June 6, 2005 City Commission Workshop Page 9 of 9