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June 27, 2017 — Meeting Minutes
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06-27-17 BOA Minutes June 27, 2017 Page 1 of 6 THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue June 27, 2017 7:20 p.m. Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Ira Berkowitz, and Michelle Harris
Mayor Sanger City Manager Owens City Attorney Karr
Absent: Rich Lintz
Alderman Berger moved to approve the June13, 2017 minutes. Alderman Boulton seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS
None
AN ORDINANCE TO CONSIDER AN AMENDMENT TO SECTION 405.3990 OF ARTICLE XXIX “OUTDOOR DINING” – 2nd Reading
City Manager Owens reported that this is an ordinance to consider amending Article XXIX “Outdoor Dining”, Section 405.3990, of the City’s Zoning Regulations to allow Fire Department approved outdoor heaters in outdoor dining space located on public property. The purpose of the proposed amendment is to enhance the customer’s enjoyment of outdoor dining during cooler weather. Allowing outdoor heaters in dining areas on public property may make it more difficult for restaurant owners to maintain the required Pedestrian Access Route, as the heaters will have to compete with the other furnishings commonly found and already allowed in outdoor dining areas.
The purpose of the proposed amendment is to enhance the customer’s enjoyment of outdoor dining during cooler weather. Allowing outdoor heaters in dining areas on public property may make it more difficult for restaurant owners to maintain the required Pedestrian Access Route, as the heaters will have to compete with the other furnishings commonly found and already allowed in outdoor dining areas. Because outdoor dining fixtures tend to “migrate” by patron use, they can easily protrude into public access paths challenging accessibility to and usability by pedestrians including those with disabilities; however, the heaters will likely only be used for relatively short periods of time (late fall/early spring). The Plan Commission considered this request at its June 5, 2017 meeting and voted 6-0 to recommend approval as submitted. Alderman Berger referenced Ordinance 6352, Section 405.3970, C. … continuous pedestrian access route (PAR) meeting at least the minimum requirements of the Americans with Disabilities Act (ADA)…; he expressed concerns that this may not be enforceable or identified in tonight’s ordinance before the Board.
06-27-17 BOA Minutes June 27, 2017 Page 2 of 6 City Manager Owens clarified that the restaurant will be in violation of their license to have outdoor dining if the pedestrian access route is not provided under this and the current ordinance therefore being subject to losing permission to use the outdoor dining. Alderman Winings introduced Bill No. 6613, an ordinance amending Section 405.3990 of Article XXIX “Outdoor Dining” to be read for the second time by title only. Alderman Boulton seconded. City Attorney Karr reads Bill No. 6613, an Ordinance Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.3990 to allow Fire Department Approved Heaters in Outdoor Dining Areas that are Located on City/Public Property for the second time by title only. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6482 of the City of Clayton. A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A LOT CONSOLIDATION PLAT 8321 MARYLAND AVENUE
Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing and subsequent ordinance to consider approving a lot consolidation plat which will consolidate two existing lots.