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HomeMy WebLinkAboutMinutes Council 022097I CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING FEBRUARY 20, 1997 The February 20, 1997, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, and began with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the Deputy City Clerk and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, and Councilman Eric Jablin. Councilman David Clark arrived at 8:44 P.M. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and the City's bulletin boards. PRESENTATIONS Teamwork Awards Mayor Russo presented Team Awards to: Cindy Harvey, Jon Iles, Kim Glas, Ellen Finnerty, Bob Glancy, Scott Fetterman, Dennis O'Rourke, Holly Luzader, and Dee Schneider. Perfect Attendance Awards City Manager Herakovich stated this would be the last year employees would be receiving the Perfect Attendance Award CITY COUNCIL REGULAR MEETING, 2/20197 2 because the City has switched over to a Personnel System that would not have a separation of sick days. City Manager Herakovich reported the names of those employees with each department that received the award. REMOVAL OF ITEMS FROM THE AGENDA Mayor Russo stated that Resolution 18 and Resolution 25, 1997, would not be considered this evening and would be postponed to a future meeting. AWARDING OF BIDS Back Hoe Vice Mayor Furtado made a motion to approve awarding the bid for one 4 wheel drive rubber tired back hoe to Shelly Tractor and Equipment for $20,750.00. The motion was seconded by Councilman Jablin and unanimously carried. Computer Equipment Vice Mayor Furtado made a motion to approve awarding a bid for computer equipment for the Fire Department to Gateway 2000 in the amount of $8,502.00. The motion was seconded by Councilman Jablin and unanimously carried. Police Vehicles Vice Mayor Furtado made a motion to award a bid for 8 Chevrolet Caprices to Ed Morse Chevrolet in the amount of $164,600.00. The motion was seconded by Councilman Jablin and unanimously carried. CITY COUNCIL REGULAR MEETING, 2/20/97 3 CITY ATTORNEY REPORT Motion for ReHearing and Verified Complaint City Attorney David Acton stated that the Council has been presented with documents known as Motion for a ReHearing and a Verified Complaint. Attorney Acton stated the proceedings the Council went through in approval of Resolution 100, 1996, was known as judicial proceedings, however, that term was misleading because it could be felt that some judicial proceedings were imported in the conducting of business. The Florida Supreme Court or Florida Legislature has not adopted anything to guide those proceedings. Therefore, a lot of the proceedings that attorneys are used to that are used in courts are not applicable to the proceeding exercised by the City Council. One of those, in particular, is that of ReHearing or Reconsideration. This was raised before the City Council's decision. Attorney Acton stated that if one of the members of the Council wish to move for Reconsideration of this issue they could do so under Items for Council Action this evening, however, that is the only way the matter would be brought up again before the City Council. If that happens, it would in effect, reopen the entire quasi-judicial proceeding that the Council went through before regarding the CITY COUNCIL REGULAR MEETING, 2120197 4 communication tower issue. If no member of the Council who voted in favor of the Resolution decided to reopen the proceedings for Reconsideration, then the matter is closed as far as the City Council is concerned. Attorney Acton stated that legal staff has reviewed the records of the quasi-judicial proceedings and it was their opinion and recommendation to the Council that it had competent, substantial evidence to support the decision made on December 19, 1996, and there were no legal cause or justification for reopening or ReHeaing the matter. Mayor Russo asked members of the City Council who voted for the Resolution if they would like to reopen or rehear the proceedings regarding the communication tower, and there was no consensus to do so. Regarding the Verified Complaint, Attorney Acton stated that referred to a document filed with the City on December 6, 1996. Attorney Acton stated that when a party who is not the applicant makes a decision that they want to challenge, they're only right to standing is under a statute that sets forth certain requirements that they must meet in order to bring an action later in court. One of those is the Verified Complaint and must be done after the action has been taken, however, Attorney Acton noted that this document was received before the action was taken by the City Council. The CITY COUNCIL REGULAR MEETING, 2/20/97 document filed on December 6, 1996, was a nullity because there was nothing to challenge as of that date. On the night of December 19, 1996, the City Council took an action and subsequently the City received another document with respect to that action. A letter of January 2, 1997, referred to the document received by the City on December 6, 1996, and proposed to readopt the document Attorney Acton stated the letter was not a Verified Complaint and it was legal staff s recommendation based on their analysis of the documents received by the City and case law, that there was no action for the City to take at this time on any matter regarding potential litigation with respect to Resolution 100, 1996, adopted on 12/19/96. CONSENT AGENDA Councilwoman Monroe pulled the minutes of the Regular Meeting of 1/23/97 for amendment and made a motion to approve the remainder of the Consent Agenda. The motion was seconded by Councilman Jablin and unanimously carried. The following items were approved on the Consent Agenda: 2. Approval of Minutes of 2/6/97 City Council Regular Meeting. 3. Resolution 22, 1997 - Approval of the Plat of the Sports Authority, 4. Resolution 23, 1997 - Approval of Job Descriptions. 5. Resolution 27, 1997 - Approval of Plat of Burma Commerce Park. 1/23/97 Minutes Councilwoman Monroe amended Page 20 of the minutes from CITY COUNCIL REGULAR MEETING, 2/20/97 PUBLIC HEARINGS: 1/23/97, changing to allow parking on the swales instead of streets. With that correction, Councilwoman Monroe made a motion to approve the minutes of the January 23, 1997, Regular Meeting of the City Council. The motion was seconded by Councilman Jablin and unanimously carried. Ordinance 1, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 2/5/97 and held on the intent of Ordinance 1, 1997, consideration of approval to Amend Chapter 46 of the Code of Ordinances entitled "Parks and Recreation ", providing for renaming of Article I as "Park Regulations "; providing for renaming of Article III as "Sign Regulations "; providing for Amendment of Chapter 6, Section 6 -7 entitled "Drinking Intoxicating Liquors on Streets, Parks, Etc. ". City Manager Herakovich stated that there were amendments to Ordinance 1, 1997, that were handed out to the City Council that would clarify some of the language contained in the Ordinance, and incorporated suggested complaints received from Council members. City Manager Herakovich explained the amendments proposed to Ordinance 1, 1997. There being no comments from the public, Mayor Russo declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 2/20/97 Councilwoman Monroe made a motion to approve Amendment 1 to Ordinance 1, 1997, and to amend Section 46 -4, paragraph C, to change the 10 days to 3 working days and (c)2, to amend that the Direction shall issue the permit within 48 hours of receiving the application instead of 5 days. The motion was seconded by Councilman J'ablin and unanimously carried. 7 Councilwoman Monroe made a motion to place Ordinance 1, 1997, on second and final reading, by title only, and for adoption. Vice Mayor Furtado seconded the motion, which unanimously carried. The Deputy City Clerk read Ordinance 1, 1997, on second and final reading, by title only. Ordinance 3, 1997 Mayor Russo declared the Public Hearing open, which was duty advertised 2/5/97 and held on the intent of Ordinance 3, 1997, consideration of approval to amend Gardens Plaza Planned Unit Development to allow the construction of a covered parking structure in the rear of the site. Planning and Zoning Director Richard Walton stated that since the last meeting the only change that occurred was the tree that needed to be removed would be relocated and has been indicated as such on the plans. There being no comments from the public, Mayor Russo declared CITY COUNCIL REGULAR MEETING, 2/20/97 8 the Public Hearing closed. Vice Mayor Furtado made a motion to place Ordinance 3, 1997, on second and final reading, by title only, and for adoption. The motion was seconded by Councilman Jablin and unanimously carried. The Deputy City Clerk read Ordinance 3, 1997, on second and final reading, by title only. VARIANCES Resolution 26, 1997 Richard Walton, Director of Planning and Zoning, addressed the City Council regarding Resolution 26, 1997, consideration of approval of two Landscape Variances for Mecca Farms. Mr. Walton stated the petitioner was requesting relief from Section 98- 68 (a) requiring interior parking areas to have a shade tree within 40 feet from any parking space and Section 98 -71 requiring removal of invasive nonnative plants (exotics). Mr. Walton stated that the petitioner has filed a petition to amend the conditional use for this property (located at the southeast corner of Hood Road and Military Trail and extending east to Alternate AIA) to expand the agricultural operation to allow commercial use. This site has also had code enforcement action for various code infractions. The petitioner's justification for the two variance requests was that the agricultural/proposed commercial use is an interim use of the CITY COUNCIL REGULAR MEETING, 2/20/97 9 property and traditional landscaping was not consistent with their temporary uses. Pursuant to Resolution 125, 1995, the conditional approval for the agricultural use will expire by December 21, 2005, with a review and consideration of renewal by the City Council every two years thereafter. Staff estimated that the petitioner would be required to install five to six trees around the stabilized parking areas in order to satisfy Section 98 -68 (a) and did not recommend approval of that variance. Councilwoman Monroe suggested deleting a portion of Resolution 26, 1997, in Section 1, second line, approving a variance and deleting through the word "and ". This would provide for Section 1 to read as follows: "The City Council of the City of Palm Beach Gardens hereby approves the application for a variance to Section 98 -71, removal of exotic vegetation for the site plan for Mecca Farms Parcel 04(2)." The title of Resolution 26, 1997, was amended to read "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING ONE (1) LANDSCAPE VARIANCE FOR THE MECCA FARMS PARCEL 04(2); PROVIDING FOR CONDITION UPON SUCH CITY COUNCIL REGULAR MEETING, 2/20197 ITEMS FOR DISCUSSION 10 VARIANCE; AND, PROVIDING FOR AN EFFECTIVE DATE ". Section 2 was amended to change the word "variances" to "`variance ". Councilwoman Monroe made a motion to approve Resolution 26, 1997, as amended. Councilman Jablin seconded the motion, which unanimously carried. Northlake Boulevard CRALLs Policy Direction Planning and Zoning Director Richard Walton addressed the City Council re: Northlake Boulevard CRALLs Policy Direction. Mr. Walton stated that Northlake Boulevard from Military Trail to Prosperity Farms Road was designated as a Constrained Roadway at a Lower Level of Service ( CRALLS) facility with Level of Service "E ". The facility's level of service is now 48,800 trips on an Average Daily Trips (ADT) basis and 4,400 trips on a peak hour basis (2 way). For Alternate Test 1, the level of service is 3,890 and on a peak hour peak direction basis and an intersection critical volume of 1,500. Mr. Walton stated that Northlake Boulevard, from I -95 to Congress Avenue was designated as a CRALLS facility with a Level of Service "F ". Palm Beach Gardens Comprehensive Plan established Level of Service "D" on county collectors and arterials. CITY COUNCIL REGULAR MEETING, 2/20/97 11 This LOS is also adopted as the threshold for compliance in the City's Concurrency Management System for individual projects' projected level of service. Northlake Boulevard is operating with average daily volumes exceeding Level of Service "E ". Because the City had established Level of Service "D ", no new projects with significant impacts on Northlake Boulevard could be approved. Staff wanted policy direction from the City Council as to whether the City should adopt a CRALLS on Northlake Boulevard in its comprehensive plan and related ordinances. Vice Mayor Furtado stated that she would not like to see this done until the City knows that the north/south reliever of Congress is built. Councilwoman Monroe stated that what has been done to the south end of the City was deplorable. Councilwoman Monroe stated that she has said in the past that the City should be working with other communities in terms of land uses and was not happy when this City Council changed a land use category from industrial to commercial. It was the consensus of the Council not to approve a CRALLS designation for Northlake Boulevard. Ordinance 9, 1997 City Manager Herakovich stated that current City Codes did not allow residents to park in the swales or the unpaved area of the road right -of -way. The City Council discussed the need to clarify CITY COUNCIL REGULAR MEETING, 2/20/97 this issue and Ordinance 9, 1997, was drafted for the City Council's consideration. Councilwoman Monroe stated she brought this subject to the Council's attention, pointing out that prior to the last major code revision, parking in the swale was allowed at certain times and with certain restrictions. 12 City Manager Herakovich reminded the Council that the swales are City property and if they were damaged it would be up to the City to fix the damage. Councilwoman Monroe asked how many damaged swales the City has had to fix in the past because of the allowed parking. City Engineer Len Lindahl stated that swales has potential problem issues depending on who maintains them and how they are maintained. It was the consensus of the Council to have the Neighborhood Initiative Task Force look at this issue before it came back to the City Council for consideration. City Centre Richard Walton, Planning and Zoning Director, stated that the City Council reviewed this project several meetings ago and a major issue discussed was the improvements needed to PGA Boulevard, specifically an eastbound right -turn lane along PGA Boulevard, a left turn ingress land at the northern driveway along Ellison Wilson CITY COUNCIL REGULAR MEETING, 2/20/97 Road; and the maintenance of the existing northbound left turn lane on U.S. Highway One. Mr. Walton reviewed the proposed plans for the amendment to the City Centre project. Mr. Walton stated that staff attending the hearing at DOT regarding this property and DOT stated they would conduct an analysis on the PGA Boulevard and U.S. 1 intersection and the 6 -laning of PGA Boulevard along the City Centre boundary. City Engineer Lindahl stated that Rick Chesser, FDOT District 4 Sectary, indicated that the existing U.S. 1 median cut into the 13 subject parcel would not be eliminated until or if a new median cut leading to the proposed private Target/City Centre project was opened. Mr. Chesser also stated that the FDOT would conduct an analysis on the PGA Boulevard /U.S. 1 intersection and the six - laning of PGA Boulevard along the City Centre boundary. Palen Beach County Engineer George Webb also questioned the need for six - laning of PGA Boulevard between Ellison Wilson Road and U.S. 1 in light of the County's settlement agreement with the City which allowed up to 50,200 average daily trips on this section of PGA Boulevard. Mr. Lindahl stated that these comments were made verbally and the City has not received any written confirmation of these statements. CITY COUNCIL REGULAR MEETING, 2/20/47 14 Mr. Lindahl stated that certain things were acknowledged, including that U.S. 1 and PGA Boulevard were state roads and in the absence of a third party making the improvements to PGA Boulevard, state road improvements by virtue of the Congressional Act "ISTEA" must go through the local MPO for priorities and funding within a five year program. Commission Marcus supported the County's policy that impact fee dollars not be spend on State roads. Mr. Lindahl stated that this discussion brought the project around to when and if the improvements would be done to PGA Boulevard it would be done through the MPO process or through matching funds if the City could develop any matching funds. Mr. Lindahl stated the petitioner stated the project would be completed in the year 2006, however, the MPO model showed that PGA Boulevard would need improvements between 2007 and 2010 depending on other considerations. Mr. Walton stated that this development order, as currently written, requires the developer to 6 -lane PGA Boulevard. This project received a time extension that is coming up and this would have to be taken into consideration. Attorney Larry Smith, representing the petitioner, stated that the approving Ordinance for this development order did not have the CITY COUNCIL REGULAR MEETING, 2/20/97 15 requirement regarding the 6- laning of PGA Boulevard. Attorney Smith stated he wrote a letter to the City stating that the previous developer committed to doing this improvement. Attorney Smith stated that it has been noted that this requirement has come up in two places - one in the previous development order and the other in the Comprehensive Plan. Attorney Smith stated that he passed over the Comprehensive Plan at the October meeting and felt that he needed to make a presentation as to whether or not this is in the Comprehensive Plan because there was an issue from a legal side and a fairness side whether or not this developer should be obligated to doing the improvements being suggested. Attorney Smith did not think this improvement was a requirement of the City's Comprehensive Plan, and was not a requirement of the previous develop order, although there was a commitment made by Attorney Smith on behalf of the developer. Attorney Smith outlined his reasons why the City Council did not need to impose the improvement on this developer. Councilman Clark stated that he too did not know if it was fair to have this developer pay for all of the improvements to PGA Boulevard, but would be willing to accept an appropriate contribution toward the cost of the improvements. Councilman CITY COUNCIL REGULAR MEETING, 2/20/97 Clark stated this could be the beginning of a matching fund to encourage the State to do the improvements at an earlier date. Councilman Clark felt that approximately $200,000 would be appropriate as a contribution. Councilman Clark stated that he could not support the idea to leave PGA Boulevard as it was and simply wait for the State to do the improvements. Councilman 16 Clark stated he would expect the $200,000 to be paid up front and not in conjunction with the construction of the last building. Councilwoman Monroe stated that she agreed with Councilman Clark's proposal and also felt that the money should be paid up front. Vice Mayor Furtado disagreed, feeling that when the bridge was raised the widening would not solve the problem and felt that it was a problem with the intersection. Vice Mayor Furtado stated that she would compromise by being cognizant of the developer spending money for the median cut that was needed. Councilman Jablin agreed with Councilman Clark's proposal. Andrew Brock, developer, addressed the City Council and stated that he could not build this project with the compromise proposed by Councilman Clark. W. Brock felt that this project was never required to 6 -lane PGA Boulevard and felt that this was an CITY COUNCIL REGULAR MEETING, 2/20/97 17 improvement that needed to be done by FDOT. Mr. Brock did not feel that the problems with FGA Boulevard would be cured by the 6- laning of PGA Boulevard. Mr. Brock felt that the compromise would destroy the project and felt that the City was trying to extort money from the developer. Mayor Russo objected to Mr. Brock's description and stated that the project required an improvement to PGA Boulevard, had a commitment to do so, and felt that perhaps the City was losing what had previously committed to by the previous developer. Attorney Smith stated that there were 4 conditions that he would like to address, 2 of which he could work out with staff. Attorney Smith stated that the new median opening would not be built if they lose the hearing. Therefore, Attorney Smith, felt that the condition referencing this need should not be included in the Ordinance as written. Mayor Russo felt that Attorney Smith could work this issue out with staff and the City Engineer, Andrew Brock apologized to the City Council for using the word "extortion" and stated that he was expressing his frustration. Mr. Brock stated that requiring him to pay an amount of $200,000 to sit in a fund to wait for the D.O.T to determine when it would be used puts an economic hardship, making him unable to develop Phase 1 CITY COUNCIL REGULAR MEETING, 2/20/97 18 profitably. Mr. Brock stated that he was willing to come back before the Council in 2 weeks with an answer as to what he will do upon the issuance of a building permit for Phase II, however, pointed out that Phase I could not afford the cost of this burden on top of the impact fees and the improvements to Ellison Wilson Road. The Council suggested that if Mr. Brock did not want to put cash up, but had some other form of security that would cost him less in the initial years, such as a letter of credit, the Council would be willing to consider alternatives. Councilwoman Monroe stated that the two issues that she had concerns with were the size of the parking spaces in the parking garage and the setback. City Manager Herakovich stated that any new information given to the City would have to be received as soon as possible so the development order could be written and issues resolved before coming back to the City Council. Mayor Russo asked Richard Walton to review outstanding issues. Mr. Walton reviewed what particulars of the site plan met standards and those that were deficient, and waivers that were being requested by the petitioner. CITY COUNCIL REGULAR MEETING, 2/20/97 ITEMS BY MAYOR AND COUNCIL 19 Councilwoman Monroe stated that she did not mind the corner sign not having a 50 foot setback based on the design of the project, had a problem with the quantity of signs and had a real problem with the sign on top of the building. Councilman Clark agreed with Councilwoman Monroe. Attorney Smith stated that the City Engineer's office typically does not do construction plan reviews until the City Council approves a project . Attorney Smith stated the plans for the improvements to Ellison Wilson Road are to be submitted to the County and asked for authorization for the City Engineer to review those plans at the developer's risk. Mayor Russo stated he did not have a problem with what Attorney Smith was asking, however, pointed out that the Council did not know if an agreement on certain issues would be reached. Vice Mayor Furtado Vice Mayor Furtado gave a copy of the Supplemental Emergency Transportation Planning Analysis and stated that the MPO would like this analysis coordinated between the various municipalities. Vice Mayor Furtado stated there were two funding sources for sidewalks, as long as the City keeps using the word "safety ". It was reported that these two sources were the gas tax (submitted CITY COUNCIL REGULAR MEETING, 2/20/97 through Commissioner Marcus' office) and pathways that can be utilized by both bikes and people. Vice Mayor Furtado stated that the D.O.T. has allocated forty million dollars a year for forty years to help fund the high speed rail project, with the amount being increased by 4% each year. Vice Mayor Furtado stated that not one municipality in Palm 20 Beach County supported the high speed rail. Mayor Russo stated he would bring this issue up at the next Municipal League meeting. Vice Mayor Furtado reported that the first meeting of the Neighborhood Initiative Task Force was successful and have already come up with a lot of ideas and are contacting their neighbors for comments at the next meeting. The focus of the meeting was on traffic, sidewalks and yard sales. Councilwoman Monroe Councilwoman Monroe asked why the ordinance regarding parking on streets/ swales could not be placed on first reading and then let the Task Force know what the Council was doing. The Council expressed no concerns with placing this ordinance on first reading at the next Regular Meeting of the City Council. Mayor Russo Mayor Russo stated both himself and the City Manager had been working on a way to cooperate with the many businesses and individuals that have approached the City wanting to help. Mayor CITY COUNCIL REGULAR MEETING, 2/20/97 21 Russo stated the City doesn't accept donations, however, in speaking with legal staff there may be an avenue to accept donations. Mayor Russo asked for Council permission to continue to go forward in an effort to set up the City of Palm Beach Gardens Foundation. Mayor Russo stated it was felt the entity would be great for receiving funds and could accomplish some things in the City that would not involve taxpayers dollars. Mayor Russo stated that the City Manager has received commitments from individuals that want to the among the first to donate. Mayor Russo stated this would not be a governmental entity. The City would help set the Foundation up, but would not be involved with it directly. Councilwoman Monroe stated she has mentioned in the past that she would like to see the first entrance sign to the City erected before she leaves office and hoped that perhaps this Foundation could work toward that goal. There were no objections from members of the City Council. The City Manager issued a challenge to businesses and individuals in the City to outdo the first contributor that committed to a donation of five figures. CITY MANAGER REPORT City Manager Herakovich stated that Architects Design Group stated they will again meet with staff as a result of the comments CITY COUNCIL REGULAR MEETING, 2/20/97 22 received from the City Council. City Manager Herakovich stated that she would like a workshop meeting between ADG and the City Council on March 13, 1997. It was the consensus that the workshop would be held on March 13, 1997. City Manager Herakovich stated there have been discussions regarding a controlled entrance to the PGA National development and staff would be meeting next week with Northern Palm Beach Water Control District to determine how to proceed with this proj ect. City Manager Herakovich stated that at the last meeting of the City Council there was a question regarding the delay in the 1 -95 sound barrier fence, and reported that easement problems that have prevented the fence from being erected would now require the City to take down the chain -link fence that presently exists or tell residents that they have encroached onto a City easement. City Manager Herakovich stated that the City is approximately 3/4 finished with the Business Survey and hoped to have that report for the Council in the very near future. City Manager Herakovich stated that the Council had a landscape report given to them this evening and hoped that it answered some of the Council's questions. CITY COUNCIL REGULAR MEETING, 2/20/97 23 The Fire Banquet has been rescheduled to March 22, 1997, and asked the Council to put this event on their calendars. City Manager Herakovich reported that Richard Walton, Planning and Zoning Director, has accepted a job as Community Development Coordinator for the City of Miramar. Mayor Russo stated that by the next meeting he would like to have a plan and would like to know what the City has in -house in the Department so that each employee gets fair and equal treatment. Mayor Russo stated he was concerned with getting applications processed quickly, pointing out that the City has very competent staff in that Department, but did not want those employees to be overworked so that items in the applications would be missed. Mayor Russo Mayor Russo stated that earlier in the meeting the City Council was advised by the City Attorney that the Communications Tower approval could be reopened if one member of the City Council who voted in favor of the Resolution determined that it should be reheard. Councilman Clark was not present at that point in the meeting, however, he stated that he would not want to reopen that issue. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:03 P.M. CITY COUNCIL REGULAR MEETING, 2120/97 adjourned at P.M. APPROVAL so Mah—yo —tfcehlus �'o� Vice Mayor Lauren Furtado 0 uncilwom.an .a Linda Monroe Cotuicilman Eric Jablin Councilman David Clark Attest: Cindy Harvey ', Deputy City Clerk L'I 24