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04-14-98SpMtg APRIL 14, 1998 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the First Floor Conference Room at City Hall at 6:00 p.m. on Tuesday, April 14, 1998. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Alperin called the meeting to order and announced that it had been called for the purpose of considering the following items: (1) Special Event Request/Beach Boys Concert: Consider a request for special event approval to allow a concert by the Beach Boys on the municipal beach on July 3, 1998. Robert A. Barcinski, Assistant City Manager, reviewed the request received from Sunset Productions to hold a Beach Boys concert on the municipal beach on Friday, July 3, 1998, between 7:00 p.m. and 10:00 p.m. The request includes a temporary use permit for use of the municipal beach from Miramar Street to Casuarina Road, 20 to 25 parking spaces on A1A for setup, use of Sandoway Park and Anchor Park for VIP and sponsor events, and use of other City parking lots for event parking. Also requested is a sign code waiver to allow event signage to be put up two to three weeks prior to the event, the use of City staff for security and traffic control, barricade setup and take down, clean up, construction of signage, and paramedic services. Waivers will also be needed to Code Sections 101.25 and 101.32 to allow vendors and commercial use of the beach area. Mr. Barcinski then reviewed in detail the responsibilities to be assumed by the event sponsors as well as the support and assistance being requested by the sponsors from the City. He stated that while staff feels the event is doable from a logistical standpoint, concerns have been raised. Primarily, they have to do with the ability to staff the event with City personnel on a voluntary basis. Due to Art and Jazz being held on July 2nd and the July 4th events, departments will probably have to direct staff to work this event. Staffing impacts will be critical especially in the Police Department and in the Parks and Recreation Department. Concerns have also been expressed about possible dune damage, neighborhood impacts from traffic and noise, the ability to get people on or off the beach in the event of an accident, the ability to prohibit alcoholic beverages, traffic congestion, and sea turtle nest protection. Mr. Barcinski concluded by stating that if the Commission is inclined to approve the event, the following conditions should be met: (1) a certificate of insurance and hold harmless agreement acceptable to the City Attorney be provided; (2) all overtime costs be paid for by the promoters; (3) any dune restoration that may be needed due to the event be paid for by the event promoters; (4) snow fence be installed far enough east to allow City staff to patrol the area; (5) meter revenue loss be reimbursed to the City by the promoter; (6) all necessary waivers be obtained; and (7) any turtle nests that are found be protected with fencing and signage. Discussion by the Commission followed, after which it was the majority consensus that while no one was opposed to having a Beach Boys concert on the beach, there was a concern about the timing of the event in conjunction with everything else that is going on with the holiday weekend (i.e. Art and Jazz on July 2nd and the 4th of July activities). To add an event of this type would be overkill on that particular weekend and extremely stressful on City staff. Mr. Egan moved to deny the special event request for the Beach Boys concert on the municipal beach on July 3, 1998, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 1 vote. (2) Request for Waiver from Palm Beach Photoqraphic Centre: Consider a request from Palm Beach Photographic Centre to waive LDR Section 4.6.7(D) (3) (j) (ii) to allow special event signage for Foto Funfest '98 to be placed in medians more than one week prior to the event. Robert A. Barcinski, Assistant City Manager, stated that the Palm Beach Photographic Centre will be holding its Foto Funfest '98 on May 9, 1998. They are requesting a waiver to allow event signage to be placed in medians prior to the Delray Affair which is more than one week prior to the event. Mr. Randolph commented that while he has not had a problem with the different event signs he has seen go up, the Commission seems to be getting more and more of this same type of request and suggested that perhaps this is something that should be looked at in a workshop. Mr. Randolph moved to approve the sign code waiver for Palm Beach Photographic Centre, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. - 2 - 4/14/98 (3) Tate Lawsuit - Settlement ProDosal: Consider approval for a joint offer of settlement with the Lake Worth Drainage District. The City Attorney stated that the proposed settlement is set forth in the agreement provided to the Commission. She requested the Commission consider approving some leeway on the date of acceptance. In the agreement, the time for acceptance expires after May 15, 1998, and she would like the latitude to be able to make that time shorter. She further stated that the releases would also include insurance companies, if any. Other than that, the agreement is as set forth. It is contingent on the Lake Worth Drainage District agreeing to jointly settle as well. Mr. Schmidt moved to approve the settlement proposal with the provision for the City Attorney to negotiate a shorter deadline than May 15, 1998, or May 15th as the outside deadline for acceptance, and including the insurance company release. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor Alperin declared the special meeting adjourned at 6:20 p.m., at which time the Commission convened the regularly scheduled workshop meeting. ~i~y ~le~k ATTEST.'.~~. TheX :~M~'g~: ~' ' y ~de~ ~ ~ the Clt Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Special Meeting of the City Commission held on April 14, 1998, which minutes w~re formally approved and adopted by the City Commission on ~/~_~£. ~ /~ . NOTE TO ~ER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above.