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10-28-97SpMtg OCTOBER 28, 1997 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, October 28, 1997. 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 fol- lowing items: (1) Settlement/Elizabeth & Milton Hartmann v. City of Delray Beach: Consider settlement of the referenced matter. Mr. Ellingsworth moved to approve settlement of Eliza- beth & Milton Hartmann v. City of Delray Beach as recommended by the City Attorney, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. (2) Pedi-Cab Use/Art and Jazz on the Avenue: Consider the use of pedi-cabs in the downtown area for the October 30th Art and Jazz on the Avenue. The City Attorney stated that the vendor's insurance should name the City as an additional insured if the City Commis- sion decides to approve the request. On question from Mr. Ellingsworth, Robert Barcinski, Assistant City Manager, stated that the request is from A1A Bike Rentals through the Joint Venture. Staff recommends approval of the request for this one time event, and if other vendors wish to do the same thing that night, that they be allowed to do so with the Joint Venture's approval under the same conditions imposed on A1A Bike Rentals. Mr. Egan commented that this request came about in part because the trolley is no longer running on Atlantic Avenue now that the street is closed. At the last couple of events, there have been some people out there with pedi-cabs. The discussion at the Joint Venture's last meeting was to go ahead and make it official for this one event on a test basis to see how it works as far as the Police are concerned and from a safety standpoint. After this test, the Joint Venture will be able to come back with a recommendation for the Commission to consider about whether or not to amend the code to allow the use of pedi-cabs. Mayor Alperin questioned why pedi-cabs are needed for the Art and Jazz event? Mr. Egan responded that they would be just another added attraction, another fun thing for people to use while they are downtown. Mayor Alperin still questioned what benefit the City will get by allowing the pedi-cabs to operate? The only benefit he could see was that maybe certain people with physical limita- tions might find them of some convenience, but that's about it. The last couple of Art and Jazz events were jammed with people and he questioned where these pedi-cabs would operate? Will they be an added attraction or will they be a hindrance to people who are strolling the avenue? Mr. Schmidt concurred, adding that he has a concern about safety. Mr. Egan reiterated that pedi-cabs have operated at the last few events and what the Joint Venture wants to do is make it official so that they can be monitored to see if they are worth having at these events. This has been a gray area and he would rather see a test done and then address the issue by either specifically allowing them or not. Discussion followed concerning the business aspects, the fact that the zoning code does not address this use and therefore it is prohibited, and the difficulties with enforce- ment. Anybody can rent a pedi-cab (3-wheeled bicycle) and offer to transport people, but unless the Police were to actually see money change hands it could be very difficult to prove that a violation had occurred. Mr. Ellingsworth stated that the Commission has turned this request down twice and he felt this was a back door move to get into the action during Art and Jazz. He moved that the request to allow the use of pedi-cabs in the downtown area for the October 30th Art and Jazz be denied. Mr. Schmidt seconded the motion. Upon roll call the Commission voted as follows: Mr. Egan - No; Mr. Ellingsworth - Yes; Mr. Randolph No; Mayor Alperin - Yes; Mr. Schmidt - No. Said motion FAILED to pass by a 3 to 2 vote. Mr. Egan moved to approve the request to allow the use of pedi-cabs in the downtown area for the October 30th Art and Jazz, subject to the conditions outlined in the Joint Venture's -2- request letter dated October 24, 1997, and subject to the addi- tional insurance requirement as previously stated by the City Attorney. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 3 to 2 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. The~ndeCigned is the City 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 October 28, 1997, which Minutes were formally approved and adopted by the City Commission on ~o<~rr/v~ q. /997 ! -- city Ci6E - NOTE TO RE~ER: If the Minutes you have received are not com- pleted as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve amend- ments, additions or deletions to the Minutes as set forth above.