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01-13-87 JANUARY 13, 1987 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, January 13, 1986. 1. Roll call showed: Present - Commissioner Malcolm T. Bird Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation declaring that all citizens watch the United Cerebral Palsy of the Palm Beaches and Trea- sure Coast weekend with the stars Telethon on January 17-18, 1987, and to pledge their support. 5. Mr. Dougherty stated he understands that there is a question regarding either Item 6 or 31; the owner is requesting that one be removed from the agenda. He requested that the Commission delete both items until another meeting is held as he feels they need more dis- cussion. Roger Saberson, representing William Lehman, stated he made a formal request that Item 31, regarding the conditional use and site plan, be postponed. However, Mr. Lehman has requested that the Com- mission proceed with Item 6 which deals with the rezoning. Mr. Dougherty stated he feels these two items are linked together and should not be considered separately. Henry Frick, representing the owner of the property, MFV Associates, stated they are requesting that the Commission consider the rezoning tonight. They are talking about rezoning a 2 acre parcel which is part of a large overall tract already zoned commercial. The rezoning has nothing to do with the issue of the conditional use and site plan for the proposed auto dealership. Mayor Campbell stated that he concurs with Mr. Frick and feels it would be appropriate to have a consistent zoning plan for the entire parcel of property. Therefore, he would be in favor of the deletion of Item 31. Mrs. Horenburger moved to approve the agenda with the postpone- ment of Item 6 and Item 31 until such time as the property owner has met with all the residents, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion failed by a 3 to 2 vote. Mr. Bird moved to approve the agenda with the exception of Item 31 and Item 9 which he understands has been withdrawn, seconded by Mr. Weatherspoon. The City Attorney advised he would prefer that the Commission consider Item 9 but vote no on the ordinance to eliminate it. Mr. Bird amended his motion to show that Item 31 is the only deletion, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. Ordinance No. 91-86 - Lehman Rezoning. Ordinance No. 91-86, relative to rezoning a 2.317-acre parcel from RM-10 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, located on the south side of Lindell Boulevard, between U.S. Highway No. 1 and Dixie Highway, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 91-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, A PORTION OF THE PLAT OF TROPIC PALMS NO. 1, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF BLOCK 7 OF DEL RATON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jean Beer, 945 Tropic Boulevard, stated they are requesting that the 2.3-acre parcel not be zoned specialized commercial and that the entire parcel be zoned general commercial. All those things which are allowed within the general commercial zoning are also in the spe- cialized commercial zoning with four additional permitted uses and ten conditional uses. However, the specialized commercial allows automobile dealerships and general commercial does not. The following people spoke in opposition of the property being rezoned to specialized commercial: Charles Smith, Paul Smith, Don Hassler, Dr. Brent Carper, Richard Rosetti, Marion McCloud, Bill Schnabel, Betty Malicotti, Charlie Smith and Nancy Carper. Mr. Frick stated when this property was annexed into the City it already had a zoning classification, in the County, which would have permitted specialized commercial uses. They are asking for the same treatment from the City. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 91-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mrs. Horenburger stated that in studying the zoning code again and looking at the conditional uses, it appears to her that someone is allowed to have that use under certain conditions. If this applicant were to be turned down by the City for an automotive use based on the fact that they did not want that use there, and it was a conditional -2- 1/1~/87 use, he could take the City to court and demand to know what the condi- tions are which would permit that use. The City Attorney advised that that is not necessarily true; however, if they did deny the conditional use they would have had to have denied it based upon the criteria for approving the conditional use. The conditional use is something by which they must meet condi- tions, not necessarily to which they attach conditions. Mrs. Horenburger stated for this reason she will not vote in favor of rezoning this property to specialized commercial. Mr. Weatherspoon stated that whatever they put on this parcel will create a traffic problem. He feels that rezoning the property to SC does not automatically mean that there will be an automobile dealer- ship. He would be in favor of supporting the SC and, at some point in the future, they could have the Planning and Zoning Board look at the whole parcel and consider reverting it to general commercial. Mr. Bird stated one of the stipulations of the Enclave Act, which was imposed upon the City, was that they appropriately zone those properties, which were in County pockets, where there was an existing use. There is a rental equipment site located on the parcel in question and would, under the terms of the Enclave Act, be zoned SC. For this reason he feels specialized commercial is appropriate. Mr. Dougherty stated they have heard some very good arguments tonight against this rezoning and he feels the Commission should give credence and recognition of the opposition. He stated that the Land Use Advisory Committee recommended that there be no more automobile dealer- ships on Federal Highway and, yet, they are talking about allowing four more. He feels they are taking an inconsistent position if they agree to this petition tonight. He looks at this rezoning as downgrading and feels they should reconsider not just this two acre parcel, but the entire parcel under consideration. Mayor Campbell stated that he disagrees with the representa- tions which have been made tonight; he believes that the main issue tonight is the rezoning of a small parcel, not whether or not an auto- mobile dealership is put there. It may very well be appropriate to have the Planhing and Zoning Board look at the entire parcel. At this point the roll was called to the motion. Mrs. Horenburger left the Commission Chambers at this time. Mayor Campbell declared a recess the time being 8:25 P.M. The meeting was reconvened at 8:34 P.M. 7. Ordinance No. 92-86 - Baker Annexation. Ordinance No. 92-86, relative to annexing a 0.38-acre parcel subject to R-1AA (Single Family) Zoning District, located at the southwest corner of N.W. 1st Avenue and N.W. 22nd Street, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 92-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 45, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 26, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.W. lST AVENUE AND N.W. 22ND STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. -3- 1/13/87 (Copy of Ordinance No. 92-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 92-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 163-86 - Strong Annexation. Ordinance No. 163-86, relative to annexing a 0.36-acre parcel subject to R-1AA (Single Family) Zoning District, located on the west side of N.W. 1st Avenue, between Swinton Avenue and N.W. 2nd Avenue, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 163-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORID, ANNEXING TO THE CITY OF DELRAY BEACH LOT 49, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF N.W. 1ST AVENUE, BETWEEN SWINTON AVENUE AND N.W. 2ND AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 163-86 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 163-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 165-86 - Miller Dodge of Delray Annexation. Ordinance No. 165-86, relative to annexing a 3.48-acre parcel subject to the SC (Specialized Commercial) Zoning District, located south of Gulfstream Boulevard, between North Federal Highway and Dixie Highway, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 165-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 11, 12 AND 13 AND A PORTION OF LOT 14, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH OF GULFSTRE~ BOULEVARD, BETWEEN NORTH FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING -4- 1/13/87 THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 165-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 0 vote. Before roll call, the City Attorney advised that this is the ordinance which has been requested to be withdrawn; therefore, he would recommend that the Commission vote no on the motion. At this point the roll was called to the motion. Mrs. Horenburger returned to the Commission Chambers at this time. PROCEDURAL ITEMS 10. Mr. Weatherspoon moved for approval of the minutes of the Regular Meeting of November 25, 1986, the Special Emergency Meeting of December 9, 1986 a~d the Special Meeting of December 9, 1986, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. ll.a.1. Mr. Dougherty stated that the list of sign code violators is very large and he questioned if they did something wrong in the creation of the ordinance. The City Attorney advised this subject is scheduled for next week's workshop meeting. ll.a.2. Mr. Dougherty stated they received a copy of the County's road plan and there are seven items which affect the City of Delray Beach. He feels that this should be on the next workshop meeting for considera- tion. ll.a.3. Mr. Dougherty stated that Chapter 19 of the Code requires an annual report from the Planning and Zoning Board. He questioned when the City Manager will be receiving that report. The City Manager advised he is not sure; however, he will check with the Chairman of the board. ll.a.4. Mr. Dougherty stated that the Legislative Delegation will be meeting on the 29th in the City of Delray. He understands there may be some conflict with that date and questioned if they will be giving them a new date. Mr. Dougherty stated that he feels they should invite the public to the next workshop to comment on items which may be apropos to present to the Delegation. ll.a.5. Mrs. Horenburger stated they still have some vacancies on the Code Enforcement Board and a few other boards and she feels they need to workshop this again. She would also like to discuss the occupational criteria and structure of the Code Enforcement Board. Mr. Bird left the Commission Chambers at this time. ll.a.6. Mr. Weatherspoon stated that they need to have a representative from the City appointed to the Planning Council. Mr. Weatherspoon moved that Mayor Campbell serve as a represen- tative from the City on the Planning Council, seconded by Mrs. -5- 1/13/87 Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell stated that accepting this position will mean that he will have to be replaced on the Metropolitan Planning Council. Mrs. Horenburger moved that Mr. Dougherty be appointed to replace Mayor Campbell on the Metropolitan Planning Council, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. ll.a.7. Mr. Weatherspoon questioned if it would be appropriate to have staff look at the entire Lehman parcel as potentially being zoned general commercial. It was the consensus of the Commission to pass this request on to the Planning and Zoning Board for immediate response. ll.b.1. The City Attorney stated that St. Mary's the Virgin Church is the contract purchaser of a parcel of property which the City owns on the corner of Homewood Boulevard and West Atlantic Avenue. The City had entered into a contract with them in 1985 and the closing date was scheduled for January 23, 1987. However, the Church has been sued by the FIEE Corporation who attempted to submit a bid on the property and they are now in litigation. Based on that concern, the attorneys for the church have requested that the City grant a one year extension before they are required to close on the property, or at such time as the litigation is resolved, whichever occurs first. It was the consensus of the Commission to place this item on the Special Agenda next Tuesday night. ll.c.1. The City Manager updated the Commission on some of the projects currently under way in the City: (1) Barwick Park - the irrigation program has begun and they are looking at a completion date of February 3rd. They are also looking at a response from the State by February 28th regarding the grant for Barwick Park. The heart trail equipment is due in by January 15th; (2) they have a draft completed regarding a mausoleum and it is scheduled for completion and review by the Funeral Directors Association by the end of this week; (3) the northwest drain- age project is expected to be completed by May 25th; (4) the Carver Park project contract has been awarded and is scheduled to be completed by May 4th; (5) they are receiving proposals for an Employee Assistance Program and are scheduled to start March lst; (6) they are also expect- ing to start a Drug Testing and Screening program by March lst; (7) they have hired two persons for the Code Enforcement department, leaving one position open, an inspector for the Community Development department to work with the Code Enforcement department, a building inspector who will also be a plan reviewer and a landscape inspector; (8) the 1987 Legisla- tive agenda has been prepared by Ms. Daley and the Commission should feel free to add anything to it. 11.c.2. The City Manager stated there are questions being raised by two committees regarding what direction the Commission wishes them to take; the Beautification Trust Committee and the Beautification Committee. He feels that the Commission should workshop this item to determine whether or not there is a need for a continuation of the Beautification Commit- tee. Mrs. Horenburger stated that the Beautification Committee was formed many years ago by citizens who were interested in beautification. She feels that if they are going to workshop this they should ask those members to talk to each other to determine what they would like to be doing and possibly come up with some new ideas and projects. Mayor Campbell stated it may be appropriate, before it is placed on a workshop agenda, that the Beautification Committee meet and have their own members discuss this. -6- 1/13/87 ll.d.1. Theodis Brown, 616 Lake Ida Road, stated he would like to get a group of business people from Atlantic Avenue to meet and discuss the problems of beautification. He asked if Mr. Weatherspoon would have time to be present at such a meeting. Mr. Weatherspoon advised he will meet with Mr. Brown to discuss this. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 12. Request for Solicitation of Funds - United Cerebral Palsy Association. The Commission is to consider approving solicitation from January 17 through January 18, 1987. Approval is recommended. 13. Request for Solicitation of Funds - March of Dimes Birth Defects Foundation - Palm Beach Martin Division. The Commission is to consider approving solicitation from March 16 through March 28, 1987. Approval is recommended. 14. Final Plat Approval - Tropic Isle Plaza. The Commission is to consider a request for final plat approval for Tropic Isle Plaza, an approved strip commercial center, located on the east side of South Federal Highway, between the South Delray Shopping Plaza and Dumar Plaza. It is zoned GC (General Commercial) and contains 1.389 acres. The Planning and Zoning Board and Planning Director recommend approval. 15. Requisition No. 9 (Final) - Foster Marine Contractors, Inc. The Commission is to consider authorizing payment of Requisition No. 9 in the amount of $32,212.20, which will reduce retainage to zero as work is completed on the Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 16. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount Gimini Const. Enterprises 508 S.W. 6th Avenue $13,834 F. Boumans Construction 45 N.W. 14th Avenue 8,250 Norene Construction Co. 120 N.W. 4th Avenue 14,827 Gimini Const. Enterprises 515 S.W. 7th Avenue 13,177 Funds are available in the Community Development Block Grant Program. Approval is recommended. 17. Vehicles - Development and Inspection Department. The Commis- sion is to consider award of a contract to the low bidder, Miller Dodge, for four 1987 Dodge Omni vehicles at a cost of $7,235.55 each, for a total of $28,942.20, with funds to come from the 1986/87 budget. Approval is recommended. 18. Delray Affair. The Commission is to consider approval and endorsement of the Delray Affair to be held April 24, 25 and 26, 1987. 19. Lowson Boulevard Bridge Repairs. The Commission is to consider award of a contract to the low bidder, Murray Logan Construction, Inc., in the amount of $14,300, with funds to come from the General Fund Construction Reserve 1985/86 Fund. Approval is recommended. 20. Surplus Property. The Commission is to consider authorizing Jim Graham to conduct the auction on Saturday, January 31, 1987. Approval is recommended. 21. Change Order No. 1 for Tropic Palms Drainage Project. The Commission is to consider approval of C.O. No. 1 for Larry L. Wilson, Inc., in the amount of $6,745.22 to resolve conflicts between existing water mains and proposed storm drain and to tie existing drywell into new storm drain, with funds to come from the General Fund Construction Reserve 1985/86 Fund. Current contract price, including this CO, $65,724.97. Approval is recommended. -7- 1/13/87 22. Requisition No. 15 - S.G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 15 in the amount of $44,804.66 for Regional Wastewater Plant Expan- sion. Approval is recommended. 23. Petition Seeking a Three Year Sentence for the Sale of Cocaine Rock. Resolution No. 1-87, urging the Palm Beach County Municipal League and each Municipality in Palm Beach County to endorse the peti- tion, is before the Commission for consideration. The caption of Resolution No. 1-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND EACH MUNICIPALITY IN PALM BEACH COUNTY TO ENDORSE A PETITION TO THE STATE LEGISLATURE SEEKING A THREE (3) YEAR SENTENCE FOR THE SALE OF COCAINE ROCK AND TO COOPERATE IN OBTAINING SIGNATURES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 1-87 is on file in the official Resolu- tion Book) 24. Installation of "No Wake" Signs. Resolution No. 2-87, author- izing the Engineering Department to pursue application to the Department of Natural Resources for "No Wake" signs in the Intracoastal Waterway from the N.E. 8th Street Bridge north five hundred feet, is before the Commission for consideration. The caption of Resolution No. 2-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION THROUGH THE CITY ENGINEERING DEPARTMENT TO PURSUE AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES FOR INSTALLATION OF "NO WAKE" SIGNS IN THE AREA OF THE INTRACOASTAL WATERWAY FROM THE N.E. 8TH STREET BRIDGE NORTH FIVE HUNDRED (500) FEET. (Copy of Resolution No. 2-87 is on file in the official Resolu- tion Book) 25. Legislation Relating to the Social Security Act. Resolution No. 3-87, urging Congress to adopt legislation to eliminate the dispari- ty in benefit levels awarded under the Social Security Act with respect to benefits awarded prior to 1979, is before the Commission for consid- eration. The caption of Resolution No. 3-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE CONGRESS OF THE UNITED STATES URGING CONGRESS TO ADOPT LEGISLATION RELATING TO THE SOCIAL SECURITY ACT. (Copy of Resolution No. 3-87 is on file in the official Resolu- tion Book) 26. Proposed South County Facility for Solid Waste Disposal. Resolution No. 4-87, urging the Board of County Commissioners of Palm Beach County to make a decision with regard to placement of the proposed Solid Waste Disposal, is before the Commission for consideration. The caption of Resolution No. 4-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, STRONGLY URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO MAKE A DECISION WITH REGARD TO PLACEMENT OF THE PROPOSED SOUTH COUNTY FACILITY FOR SOLID WASTE DISPOSAL EXPEDITIOUSLY AND TO COMMIT TO RESOLVING THE SOLID WASTE DISPOSAL PROBLEM OF -8- 1/13/87 PALM BEACH COUNTY IN ORDER TO PREVENT ESCALATION OF SIGNIFICANT DETRIMENTAL ENVIRONMENTAL IMPACTS. (Copy of Resolution No. 4-87 is on file in the official Resolu- tion Book) Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 27. Marina Delray. The Commission is to consider stipulation concerning Marina Delray to be operated as a private club. The City Attorney advised the City is currently involved in litigation with Booi Service, Inc., the current record title owner of the subject property. He was approached in the fall of 1986 by a group of persons, represented by Roger Saberson, who are prospective purchas- ers of the property; however, the purchase is pending because of the litigation by Southeast Bank, the first mortgage holder, who is fore- closing on the property. As a methodology to resolve the City's litiga- tion, the group submitted a stipulation to his office. They have discussed this and it is now before the Commission for their considera- tion. It is basically a conditional stipulation, i.e., it is one which would be entered into by the parties who are prospective purchasers of the property. If they did not become purchasers the stipulation would fail. The stipulation is based upon the use of the subject property; it has, in the past, been zoned RM-15 and its use was that of a hotel, restaurant and bar, non-conforming use. The City's position in the lawsuit has been, and continues to be, that that use as a non-conforming use lapsed during the years 1982 and 1983 as it was not kept in continu- ous operation for a period in excess of 180 calendar days. They are still in the early stage of the lawsuit and he expects that, if the stipulation is not agreed to this evening, it would need to be geared up. Both sides, in the past few months, have held off on incurring any additional expense in preparation for the case. The stipulation would be to resolve the lawsuit, assuming they purchase the property, by the City concurring that the non-conforming use of the public facility be constricted to a non-conforming use as a private club. Upon question by Mrs. Horenburger, the City Attorney advised that the theory under non-conforming uses is that, ultimately, you would like the entire use to go away. However, there are a series of progres- sions which you would go through, one of which is structural, i.e., you would not allow repairs to take place if they exceed more that 10% of the replacement cost. Secondly, in the progression towards eliminating a non-conforming use, you would attempt to do those things which would make that which is non-conforming, less non-conforming. In this partic- ular instance, by the reduction of the public access facility, to a lesser access facility, he feels that you have established that this non-conforming use has become less non-conforming. Upon question by Mayor Campbell, the City Attorney stated that when the Commission discussed and authorized the institution of the lawsuit a question was raised by the groups of attorneys who attended that meeting which indicated that if the City sought to close the Marina Delray immediately they would be forced to raise an issue of business damages. The Commission instructed his office to permit them to remain open pending the resolution of the lawsuit. Subsequently, the restau- rant and bar portion of the facility was cited by the Palm Beach County Health Department and they had to close in order to correct the viola- tions. It was at this time that the prospective purchasers came before the Commission as they did not want to expend the monies necessary to make those repairs and thus reopen to not have another 180 day period run on them if they did not need to. It was agreed that the restaurant and bar would remain closed, they would not have to effect the repairs and the City would not consider the 180 day period to commence running until such time as they presented the stipulation which is before the Commission tonight. -9- 1/13/87 Upon question by Mr. Weatherspoon, the City Attorney stated that if the Commission does not approve the stipulation tonight the owners of the Marina Delray would have the right to open their doors as a public club tomorrow, until the case is litigated. Discussion was had regarding the parking, docking, membership fees, how many members and number of rooms in the hotel. Roger Saberson, representing the prospective purchasers, stated that they are before the Commission tonight, not so much to say approve or reject the stipulation, but to say that this is the first draft which has been worked out with the City's staff. This is the first draft of the details and part of the reason they are here tonight is to get feedback from the Commission and the public. If there are changes that need to be made, they will be willing to make them as they want to accommodate any kind of request they can to make the stipulation more livable and workable for the City. Mr. Dougherty stated that he feels the plans should be sent to the Planning and Zoning Board and the Engineering Department for review before the Commission agrees to the stipulation. If he understands that this is merely a draft, he can accept it; however, if it is being submitted as the document which they approve or disapprove, he cannot accept it. Mrs. Horenburger stated they have talked about the membership fee, how many members and the valet parking. She questioned how they are going to enforce this stipulation as it is not enforceable through normal City procedures. She feels that the stipulation sets up a tough enforcement problem and unless some other mechanism is found, she would not approve it. She would not like to see the City have to go to court to enforce any portion of it. It was the consensus of the Commission that they are not ready to approve the stipulation. Mr. Saberson stated he will talk individually with the Commis- sion members and the community to get their comments. Chris Carlson, court appointed receiver for the property, stated he has waited for the prospective purchasers to put their propos- al together; however, he cannot wait any longer and keep the property in a non-operational stage. He is going to open the restaurant so that the non-conforming use will not go away and he has to generate revenue. Elizabeth Matthews, 1024 White Drive, stated that the Commis- sion has stated that they do not have a consensus to agree to this stipulation tonight, and she questioned if there will be other nights when there will be other stipulations. Mayor Campbell stated he does not believe the operation of the facility, as anticipated and outlined in this stipulation, is accept- able. There would have to be some additional conditions addressing the community needs. Mayor Campbell declared a recess the time being 10:00 P.M. The meeting was reconvened at 10:05 P.M. Mr. Bird returned to the Commission Chambers at this time. 28. Georgia Town Tavern. The Commission is to consider settlement of City of Delray Beach vs. Gulfbrook, Inc. (Georgia Town Tavern) case. The City Attorney stated that before they go through two hearings on Thursday, he thought he would bring this revised stipulation before the Commission. He spoke with Mr. Thomas last week and he indicated that they would be willing to sell the real property and structures only; it would not have to include the liquor license. They are asking $65,000 for the property and Mr. Thomas would agree not to utilize his liquor license in the City of Delray Beach, nor sell it to someone who would use it in the City. -10- 1/13/87 Mrs. Horenburger stated she would be in favor of negotiating at this price and purchasing the property. Mr. Weatherspoon stated he feels every person should have a place to go where they feel comfortable and he is not in favor of the City spending any money on this property. Mr. Dougherty stated he has a problem with the City purchasing the tavern. He is generally in favor of getting rid of it; however, he feels the Community Redevelopment Agency should purchase it. Mr. Bird stated that it is not the Georgia Town Tavern.which is the problem, it is the people who go there. The City could purchase the property; however, the people who went there will go somewhere else. He asked the City Attorney how they are doing with drafting some legisla- tion which the Commission can enact which will help the Police Depart- ment control the problem they are addressing. The City Attorney advised he has, in the works, an ordinance dealing with the consumption on premises problem which they have at the Georgia Town Tavern. It was the consensus of the majority of the Commission not to accept the stipulation. Mrs. Horenburger left the Commission Chambers at this time. 29. Conditional Use and Site Plan Approval Extension - Delra¥ Beach Motors Addition (AMC Jeep/Renault). The Commission is to consider a request for a 30 day extension of the conditional use and site plan approval. The property is located on the west side of S.E. 5th Avenue, between S.E. 6th Street and S.E. 7th Street. The current approval for this project expired on December 26, 1986. The Planning and Zoning Board and Acting Planning Director recommend a 30 day conditional use and site plan extension to February 13, 1987, effective upon approval by the Commission. Mr. Bird moved to approve a 30 day extension for Delray Beach Motors Addition (AMC Jeep/Renault), seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned if 30 days is enough as he would not like to see it come back requesting another 30 days. The City Attorney advised that the extension should actually be for 35 days as it is running retroactively from December 26, 1986 through February 13, 1987. Mr. Bird suggested that they make it from December 26, 1986, through February 24, 1987, which will make it expire on a Commission meeting night and they can take whatever action they have to at that point. Mr. Bird amended his motion to approve a 30 day extension to February 24, 1987, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Conditional Use and Site Plan Approval - Grace Fellowship Church. The Commission is to consider a request for conditional use and site plan approval for Grace Fellowship Church, a proposed 110 seat sanctuary to occupy the vacant south end of the existing Midtown Plaza (formerly Western Auto), located on the east side of N.E. 2nd Avenue, between N.E. 2nd Street and N.E. 3rd Street. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. Provision for handicap parking and accessibility to the build- ing is required. -11- 1/13/87 2. Traffic control signs will be required in order to indicate one-way traffic flow. 3. The location of the sign is non-conforming as a 9 foot setback is provided from the right-of-way line of N.E. 2nd Street. 4. Drainage is to be addressed (show existing and proposed drain- age facilities). Procedural Requirements 5. All signs to be approved by the Building Department and the Community Appearance Board. Mr. Bird stated that he is in favor of all people having an opportunity to exercise their religion and practice it in an appropriate setting; however, he feels that the conversion of commercial space, in what is the second most important downtown street, is going to act as a barrier between aspects of that commercialism. Mr. Weatherspoon moved for conditional use and site plan approval for the Grace Fellowship Church, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 32. Administrative Relief - 715 N.E. 8th Street. The Commission is to consider administrative relief for back out parking into alley for Drs. Tom and Joy Rohrer. Approval is recommended. Mr. Weatherspoon moved to grant administrative relief for 715 N.E. 8th Street to allow back out parking into an alley, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird stated he would like to see the Commission ask the Planning and Zoning Board to readdress back out parking on a somewhat broader scale. In the RO district, and a number bf other places in town, the only practical way to handle traffic is to back out into alleys. It should not be a requirement for all those persons to go through administrative relief. At this point the roll was called to the motion. 33. Administrative Relief - 701 N.E. 8th Street. The Commission is to consider administrative relief for back out parking for Ms. Phyllis Small. Approval is recommended. Mr. Bird moved to grant administrative relief for 701 N.E. 8th Street to allow back out parking, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Treasure Coast Regional Planning Council Policy Plan. The Commission is to consider approval of City comments on the Treasure Coast Regional Planning Council Policy Plan. The Plan is required by State Growth Management Act. Local plans are required to be consistent with Regional Plan. The Planning and Zoning Board recommends adoption of comments, submission of comments to State and Regional Council. Mr. Bird moved to approve the City's comments on the Treasure Coast Regional Planning Council Policy Plan, seconded by Mr. Weatherspoon. Mrs. Horenburger stated in reading the comments briefly she saw what she considers to be some possible misunderstandings to what the policy was saying with regard to the recommendations of the Planning -12- 1/1~/87 Department and Planning and Zoning Board. She requested that the Acting Planning Director review these comments before they approve them and that they place this item on the Special Agenda on January 20th. Mr. Bird made a substitute motion to remove this item and place it on the Special Agenda on January 20, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35. Revised Proposed Intergovernmental Agreement for Traffic Signals between the City and Palm Beach County. The Commission is to consider authorizing execution of Intergovernmental Agreement between the City and Palm Beach County providing certain traffic engineering services for the City by Palm Beach County. Mr. Bird moved to authorize execution of an Intergovernmental Agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mrs. Horenburger stated that if the County is going to be in charge of the traffic signal functioning they should request that the County better coordinate the signals at 1st and 1st, on Federal Highway. At this point the roll was called to the motion. 36. Appointment - Downtown Development Authority. The Commission is to consider the appointment of Tom Smith as a member of the DDA to the unexpired term of Fred Devitt ending July 1, 1988. Mr. Bird moved to appoint Tom Smith as a member of the DDA to the unexpired term of Fred Devitt ending July 1, 1988, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 37. Extension of Time - Public Safety Facility. The Commission is to consider a request for an extension of time for completion of con- tract which expires on January 26, 1987. Mark Marsh, Digby Bridges, Marsh & Associates, stated that their electrical subcontractor, Servotech, got into financial problems about two thirds of the way through the project. They are now back on track and, fortunately, the field crew did not stop work. They are requesting an extension of four weeks; however, there is the possibility of another four week extension based on the problems with Servotech. The City Attorney clarified that they are requesting an exten- sion of the contract completion date for four weeks; however, it may take them eight weeks before the project is actually completed. The City would then seek liquidated damages against the contractor, who in turn, would seek it against the bonding company of his subcontractor who caused that additional four week delay. Mrs. Horenburger moved to approve the four week extension, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Attorney advised it will have the effect of requiring them to extend their maintenance bond for a full year following the extension date. 38. Ordinance No. 2-87 - Delray Lincoln-Mercury Annexation. Ordinance No. 2-87, relative to annexing a 2.71-acre parcel of land, subject to SC (Specialized Commercial) District, located south of Linton Boulevard, between Federal Highway and Dixie Highway, is before the -13- 1/13/87 Commission for consideration on First Reading. If passed, Public Hearing will be held February 10th. The City Manager presented Ordinance No. 2-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 28, INCLUSIVE, BLOCK 20, DEL RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14, PAGE 9, LESS THE RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2147, PAGE 335 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3012, PAGE 1801 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DIS- TRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 2-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that according to a memo, a Certificate of Occupancy was issued to this property, without annexation. He questioned how many others there are which they think have been taken care of, but have not. Mayor Campbell requested that the City Manager find out how the Building Department came about to make this mistake. At this point the roll was called to the motion. 39. Ordinance No. 3-87 - Southern Bell Franchise. Ordinance No. 3-87, relative to renewal of Southern Bell Franchise, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 27th. The City Manager presented Ordinance No. 3-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 55-86 AND ENACT- ING A NEW ORDINANCE AUTHORIZING AND GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY NON-EXCLUSIVE PERMISSION TO USE THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELE- PHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER FOR A PERIOD OF TEN (10) YEARS; SETTING STANDARDS FOR THE PERFORMANCE OF WORK; PROVIDING FOR A FEE OF ONE PERCENT (1%) CONSIDERATION; PROVIDING FOR INDEMNIFICATION BY THE COMPANY; PROVIDING THE TERM AND EXPIRATION DATE; PRO- VIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR TERMS AND CONDITIONS OF TRANSFER OF RIGHTS; PROVIDING FOR LIMITATION AS TO CABLE TELEVISION OPERATION; PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE; PROVIDING FOR POLICE POWERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RENEGOTIATION; PROVIDING FOR COPIES; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. -14- 1/13/87 Mr. Bird moved for the adoption of Ordinance No. 3-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The City Attorney stated, for the record, that this document has been reviewed by the persons who had expressed concerns and he received a note tonight that they had no problems with the revised agreement in Section 8. It is his understanding from the Southern Bell representatives, that even though they would prefer that it not be in the ordinance, they can live with it in its current language form. 40. Selection of Underwriter for Utility Tax Bond Issue. The Commission is to consider selection of underwriter for the $10.5 million Utility Tax Bond Issue. William R. Hough & Company/Merrill, Lynch Capital Markets Matthews & Wright, Inc. Prudential-Bache Securities Arch W. Roberts & Company Mr. Dougherty questioned why they are going to a negotiated bid rather than a competitive bid. He feels, that in reviewing proposals and discussion with staff, that all the conditions for a competitive bid exist. Mayor Campbell stated that when this was discussed at the last meeting there was some difference of opinion; however, the consensus of the Commission was that it did not make that much of a difference and there were possibly some additional benefits that could be viewed with regard to some of the bond covenants. More importantly, it was the factor in dealing with an individual, or group of individual under- writers, on a comfort factor basis and being able to negotiate the best deal. Mr. Dougherty stated he is disturbed by the fact that the Finance Director did not prepare an RFP which would delineate all the conditions he would want to see. This opens the door to preferential selection. The City has gone with competitive bids before, and he questioned why, on this issue, should they change. Mr. Bird stated that they have a $10.5 million dollar issue which he would prefer to put out for competitive bids in a market at a time when, hopefully, they will find that they are going to have a sellers market. Mr. Huddleston, Finance Director, stated the standard criteria for deciding between a competitive and negotiated sale, for this partic- ular issue, would lean towards the competitive bid. Mr. Bird stated he has a lot of difficulty in coming up with some criteria by which to judge these four firms and make a valid, defensible selection. He suggested that they reconsider their decision made on December 30th to go with negotiated bids and, instead, go with a competitive bid. Mr. Weatherspoon stated he has no problem going with the negotiated bids. Mrs. Horenburger concurred with Mr. Weatherspoon. Mr. Bird moved to select William R. Hough & Company/Lynch Capital Markets as the City's underwriter, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. Mr. Dougherty moved to select Arch W. Roberts & Company as the City's underwriter, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. -15- 1/13/87 Mrs. Horenburger moved to select Prudential-Bache Securities and Matthews & Wright, Inc., as the City's underwriter, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Mayor Campbell declared the meeting adjourned at 10:58 P.M. City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of January 13, 1987, which minutes were formally approved and adopted by the City Commission on_~~,~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -16- 1/13/87