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07-12-94SpMtg JULY 12, 1994 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:10 p.m. on Tuesday, July 12, 1994. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Mayor Lynch called the meeting to order and announced that the meeting had been called for the purpose of considering the following: Amendment No. 2 to Ramblin' Rose License Aqreement: Consider an amendment to the license agreement with Ramblin' Rose Riverboat, Inc. The amendment proposes the parties split the cost of a six inch sewer line for the purpose of permitting the Licensee to discharge waste while docked at the park. The City Attorney stated that this is a proposed amend- ment to .the license agreement with the Ramblin' Rose. It ad- dresses the issue of what they can do during inclement weather, machinery breakdown or bridge breakdown as far as being at that location and serving food and drink. It also addresses the issue of the lateral sewer extension which has been negotiated to where Captain Mark would pay one-half of that cost, with the City paying the other half. In addition, the Ramblin' Rose would be allowed to operate during special events such as the Delray Affair, Art & Jazz on the Avenue, and St. Patrick's Day. The phrase "and other events" has been eliminated, so it is limited to the named events. The words "such as" will be taken out. Mr. Dane Mark, Captain of the Ramblin' Rose, stated that he felt the issues involved with the subject license amend- ment are old issues which were discussed even before the boat was first put in the water, but were never taken care of. The noise issue which was brought up at the last meeting is new to him and if there is some sort of complaint about noise, he feels it should be addressed as a separate matter. He asked for the opportunity to respond to any comments or complaints expressed by members of the audience at the conclusion of their remarks. The Mayor opened the floor to comments from the public. (1) Ms. Simone Poulain, member of the Board of Direc- tors of Barr Terrace Condominium, who presented a petition with accompanying letter signed by members of the Board of Directors as well as residents of Barr Terrace (a copy of which is attached hereto and made a part of the official minutes). Ms. Poulain proceeded to read excerpts from the letter as follows: "We are striving to eliminate activity and noise from the boat while it is in dock. We have no complaint about the cruise or music playing while the boat is moving down the water- way. The music would only be heard for a few minutes as it moved along; but to have music and especially the calliope playing while the boat is docked is exceedingly disturbing. "On holidays and at the Delray Affair the boat makes many short cruises rather than their regular schedule. In be- tween the short trips the calliope plays constantly while the boat is in dock. This should not have to be endured. "Captain Mark has asked to be able to continue this, plus being allowed to play it whenever there is something going on on Atlantic Avenue. We ask that the dockside music be elimi- nated and the music started and stopped just before the bridge is reached. We are much too close to the Ramblin' Rose to be helped by a reduction in volume. We hear very little from the chil- dren's playground, and we invite any of you to spend a day at Barr Terrace while this music goes on." Ms. Poulain went on to state that the residents of Barr Terrace are very concerned about the noise level. However, they are also concerned about the increased commercialism in this area. The residents are adamantly opposed to the sale of liquor on the boat while it is in dock. They feel this is very inappro- priate especially with the children's playground so close by in the park. Ms. Poulain concluded by asking that the Commission give consideration to the concerns of the residents of Barr Terrace. She then asked for further clarification on the sewer line issue. (2) Mr. Kevin Eqan, Chairman of the Downtown Joint Venture, who discussed the efforts by the Joint Venture relative to Art & Jazz on the Avenue and other functions. These efforts have been successful and there is noise involved. There are bands performing and there will continue to be bands performing in Veterans Park when these events occur, and also at the Delray Affair with concerts, etc. Mr. Egan stated that the Ramblin' Rose is viewed as a merchant and every merchant, during Art & Jazz, is allowed to provide various types of outdoor entertain- ment, bands, whatever they want. He felt it would be unfair to prohibit the Ramblin' Rose from doing what all the other mer- chants are doing during these events. The bands will be fn Veterans Park regardless of whether or not the license amendment is approved, so he did not feel that the noise was an issue. 2 7/12/94 (3) Mr. Robert Hayes, Chairman of the Board of the Delray Beach Chamber of Commerce, who spoke to this issue on behalf of the Chamber. He pointed out that there has been a great investment in the downtown area in recent years which has successfully been turning things around. The momentum needs to continue, however, by continuing to come up with things to bring people into the downtown area. Other than Old School Square and the beach, the Ramblin' Rose is one of the few attractions Delray Beach has to bring people in. The Chamber strongly supports a change in the license agreement to allow the Ramblin' Rose to be able to function at dockside during special events since it is an enhancement of those events. As for the noise factor, the Cham- ber feels that this issue can be dealt with by the parties sit- ting down and talking, while at the same time being sensitive to each other's needs. Mr. Hayes asked that the Commission keep this in mind and not let the noise factor become the central issue in their consideration. (4) Ms. Sandra Almy, Beach Property Owners Associa- tion, who stated that numerous attempts have already been made by the residents of Barr Terrace to address their concerns about violations of the license agreement, both with Captain Mark and the City. It is upsetting to the Barr Terrace residents, as well as the Beach Property Owners Association, to now find that the response seems to be to have an amendment to the license agree- ment that would legitimize the violations. Ms. Almy stated that it is clear Captain Mark has demonstrated a pattern of increasing disregard for the terms of the agreement and for the rights of the residents. The Ramblin' Rose was brought into the park despite protests from residents throughout the city who spoke against commercializing the park. Now that it is done, the Commission has the responsibility of protecting the interests of the voters and the taxpayers who are inconvenienced by it. Ms. Almy stated that she felt the important thing to remember is that the license agreement which was granted is for a cruise boat; not a store and not a restaurant. There are 17 more years to go on the lease and she feels that the relationship between the City, the residents and the Captain of the cruise boat should be very clear. Captain Mark is able to operate his business very nicely under the terms of the existing agreement. However, the residents of Barr Terrace cannot live nicely the way he is operating outside of that agreement. (5) Ms. Carolyn Patton, resident of Delray Beach, who stated that she often brings her children to Veterans Park and, on behalf of herself and other parents, she is strongly opposed to the idea of the Ramblin' Rose sitting dockside and serving alcohol. (6) Ms. Alieda Riley, resident of Delray Beach, who expressed her concern about the serving of alcohol at the Ramblin' Rose and the further commercialization of the park. -3- 7/12/94 (7) Ms. Joan Faircloth, owner and resident at Barr Terrace, who stated that while she enjoys the Ramblin' Rose and feels it is an asset to the city, she is concerned about the serving of alcohol while the boat is dockside and feels that this would have a detrimental effect on the City's image. Mayor Lynch closed the floor to public comment. Captain Dane Mark, in response to the public comments, stated that his business and his intent is to operate as a cruise boat; it is not to sit dockside and be a restaurant. There have been instances, however, when bad weather or mechanical failures have caused the boat to remain in dock, but these have been relatively few since the beginning of the operation. The Ramblin' Rose wants to be a part of the city and is asking for consideration for eight days a year when special events are going on in Delray Beach. As for the noise issue, Capt. Mark stated that he was not aware of a major problem. The calliope was used on certain occasions in the past, but has not been used to at- tract business since the Delray Affair. If the calliope is viewed as a problem, it will be taken care of and will not be played again. He concluded by saying that he feels any problems have been isolated and minimal, and have come about because of the difficulties associated with this particular type of busi- ness. He requested the Commission's favorable consideration, especially since the special events are only for eight days out of the year. At this point, discussion was had by the Commission. Mr. Ellingsworth stated that he feels the Ramblin' Rose is an asset to the community and it would be beyond him to think that some sort of compatible arrangement, through compromise and discussions, cannot be reached. With that in mind, he suggested that a representative from the Joint Venture, someone from Barr Terrace, and the City Manager or his designee sit down together and try to iron out some of the things which seem to be a prob- lem. For example, he feels the request for use during special events is very reasonable. On the other hand, if the boat breaks down and it takes months to fix, he doesn't feel it would be appropriate for the boat to serve dockside for that period of time without having some limitation on the length of time the boat could operate dockside while down for mechanical failure or whatever. Mr. Ellingsworth reiterated that he felt a compromise could be reached, provided the two sides sit down and talk. Mr. Randolph stated that he feels the Ramblin' Rose has tried to be a good neighbor since beginning operation. He con- curred with Mr. Ellingsworth that a compromise could and should be reached between the Captain and the residents who are con- cerned about some of the things that have been going on. Mrs. Smith agreed with the comments expressed that the Ramblin' Rose is one of the attractions which brings people to -4- 7/12/94 Delray Beach and the downtown area. However, there are rules which have to be followed so that it is all the best for every- body and the business is a good neighbor. With respect to the noise issue, Mrs. Smith asked Captain Mark if he was on record tonight that the calliope would no longer be used? Captain Mark responded that he has not played the calliope since the Delray Affair, with the exception of this evening a few hours ago for the newspeople. He stated that he would like to be able to play it during the Delray Affair, day- time only, as an attention getter. Mrs. Smith stated that when the second phase of the park is done, the Ramblin' Rose will be visible. She noted that many vendors at the Delray Affair cannot use sound as an attrac- tion, and she does not feel the Ramblin' Rose should either. As to the comparison with concerts, Mrs. Smith pointed out that concerts in the park are scheduled for a certain time whereas it is a little bit "iffy" as to when the boat might be in port so she does not feel this is a fair comparison. Captain Mark stated that when phase two is completed and the park is opened up, the boat will be more visible and he won't need to play the calliope. Dr. Alperin stated that he feels the Ramblin' Rose is a good business and a benefit to the city, but he still feels that the majority of the concerns which have been raised would not be an issue if the business had been put in on commercial property south of the bridge instead of the public property at Veterans Park. He feels both sides have made excellent points, but does not feel that the Commission has the right to give Captain Mark unlimited use of the dock which is basically what the proposed amendment would do; for any kind of a reason, the boat can be dockside and operate the restaurant part of the cruise operation. While he can see some kind of exceptions for the Delray Affair or Jazz on the Avenue, there has to be some limitations. Dr. Alperin also commented that the sewer issue has not yet been addressed tonight. He feels that the Ramblin' Rose should be treated as a business just like any other, and a business pro- vides its hookup to the city line. Mayor Lynch stated that he is not willing to give carte blanche to the Ramblin' Rose at this point since he is somewhat concerned that there have been some problems. He is agreeable to reaching some sort of a compromise along the lines suggested by Commissioner Ellingsworth. However, before voting in favor of any amendment to the license agreement, he feels a rapport and confidence needs to be reestablished with the residents of Barr Terrace. On further discussion, it was the consensus of the Commission to assemble a group consisting of a representative from the Joint Venture, a representative from Barr Terrace, the -5- 7/12/94 City Manager or his designee, and Captain Mark. This group is to meet and get back to the City Commission within one month with the compromises and solutions they come up with as a result of their discussions. Mr. Ellingsworth moved to postpone action on items 1. and 2. (A) and (B) of the proposed amendment to the license agree- ment pertaining to "Service While Docked", subject to the estab- lishment of the committee and receipt of its recommendations; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. As to item 3. of the proposed amendment to the license agreement pertaining to the 50% split between the City and the Ramblin' Rose of the total cost for the installation of a six inch sewer line for the purpose of permitting the licensee to discharge waste while docked at the park, it was the consensus of the Commission to go ahead with the installation of the line based on the 50/50 split, with authorization to the City Attorney to incorporate additional language with respect to liability issues as she deems appropriate and necessary. Mr. Randolph so moved, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. The City Attorney clarified for the record that the motion is for approval of Amendment No. 2 to License Agreement between Ramblin' Rose Riverboat and the City, as modified, which now only includes paragraphs 3, 4 and 5. There being no further business, Mayor Lynch declared the special meeting adjourned at 7:20 p.m. ~ city (~lerk ATTES~-~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein in the minutes of the Special Meeting of said City Commission of July 12, 1994, which minutes ~ere formally approved and adopted by the City Commission on ~~ ~, City Clerk ' -6- 7/12/94 NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that they are not the official minutes of the 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. 7 7/12/94