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01-05-88SpMtg354 JANUARY 5, 1988 A Special 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 7:00 P.M., Tuesday, January 5, 1988. Roi1 call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger (arrived 7:08 P.M.) Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called, for the purpose of (1) considering a request from Mr. John Tyson, Commander American Legion Post 188, to conduct a carnival on January 11 to 18, 1988, on the property east of the Police Station dedicated for the Court House use. Approval will include waiver of ordinance restrictions contained in Section 4-1. Recommendation: Approve with conditions. 1. Request American Legion Post 188/Carnival. Mayor Campbell ~eported the Commission has been furnished a memorandum from Martin O'Shea, Acting Chief Building Official, indicating some parameters within which the proposed carnival will be held. Upon question by Mayor Campbell, the City Attorney advised that the transaction with regard to deeding the property to the County has not been recorded as yet; they are still working out the water line and well easements. It is still technically the City's property and he did not feel the City needed the County's approval for such an event. Mrs. McCarty stated she checked with the County and there is no schedule for the groundbreaking. John Tyson, 614 N.W. 2nd Street, advised that proceeds from the carnival will go towards renovating the Legion building; it is in a general state of disrepair and they do not have the funds to do this work. Upon question by Mrs. McCarty, the City Attorney clarified that there is an ordinance to waive ordinances. She also questioned why it had taken so long to come before the Commission when the request was received in the City Manager's Office in November. Mrs. Horenburger stated she has a problem with this from the standpoint that the carnival is being requested through a week for school children, afternoons and evenings; she has a concern relative to children leaving school early or skipping entirely and the fact that it is scheduled for the evening when they should be home doing homework. She would feel better about it if it were a two or three day event. Mayor Campbell advised he would not be agreeable to a seven day event, three or four would be more realistic. He had expressed his concern as what kind of people it would attract; the City is trying to overcome a "partying" atmosphere per se on the streets except for every now and then a special event. Now he sees that it is more of a family oriented event. Mayor Campbell expressed his concern with the parking in this area which is primarily sand lots and also with the traffic in the vicinity. Upon question by Mrs. McCarty, Mr. Tyson advised that Fun City Shows would provide security. Mrs. McCarty stated she has a concern with the pedestrian traffic, i.e., children crossing busy Atlantic 355 Avenue; she would prefer to see this at Pompey Park or Miller Park, not on a busy thoroughfare. Mr. Weatherspoon commented there seemed to be no apparent concern when ~he City allowed a circus to use the same property or when there were s~veral street dances on Atlantic Avenue. He views this particular event as a positive event for the children as well as the City. He did not want the wrongdoings of a few to deprive the majority of the City children from these positive events. Mr. Weatherspoon moved to declare an emergency so the City can move forward with this event, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Horenburger commented that the Commission is not being negative about the event; when compared to the circus, the circus was one day, the street dances are one evening. She believed it is the length of time for that kind of festive activity for school children that concerns them. Mr. Dougherty stated that the American Legion attends practically every celebration, providing the honor guard for everything that occurs in this City; he does not feel the Commission should be debating whether or not to give assistance to the Legion. They have already indicated that when it is in the public interest they would waive the ordinance prohibiting carnivals, circuses and the like. Mrs. Horenburger advised that ordinance was meant primarily to have some control over these events; they just want to make sure that the event goes well and does not adversely affect any of the citizens. At this point the roll was called to the motion. Mr. Weatherspoon moved for approval of the request by the American Legion subject to the conditions by staff and also the recom- mendation of the Acting City Manager, reducing the days from seven days to five days, seconded by Mrs. Horenburger. With regard to the number of days for the event, Mr. Tyson stated they would be agreeable to any days the Commission wished, but preferably over the weekend. Mrs. McCarty stated she would be in favor of a weekend, ~riday, Saturday and Sunday situation, and with it a specified amount of security available. Mayor Campbell suggested having it Thursday through Sunday. Also, have Mr. O'Shea and the Chief of Police get together relative to the security question. Mr. Weatherspoon amended his motion to reflect four days, Thursday through Sunday, and adopt the comments as put forth in the Building Official's memo. Mrs. Horenburger amended her second. Upon roll call the Coimission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Ye~; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Faid motion passed with a 5 to 0 vote. Mayor CaI~pbell declared the meeting adjourned at 7:35 P.M. City Clerk ATTEST: MAYO~ The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting -2- 1/5/88 356 of said City Commission of January 5, 1988, 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. -3- 1/5/88