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June 13, 2017 — Meeting Minutes
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06-13-17 BOA Minutes June 13, 2017 Page 1 of 7 THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue June 13, 2017 7:10 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, Rich Lintz, Ira Berkowitz, and Michelle Harris
Mayor Sanger City Manager Owens City Attorney O’Keefe
Alderman Berger moved to approve the May 23, 2017 minutes. Alderman Boulton seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS
None
PROCLAMATION
Mayor Sanger presented a proclamation in recognition of “Immigrant Heritage Month.”
A PUBLIC HEARING AND ORDINANCE TO CONSIDER AN AMENDMENT TO SECTION 405.3990 OF ARTICLE XXIX “OUTDOOR DINING”
Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing 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. Outdoor dining standards have been in place since the early 1990s. Over the years, various revisions were made in response to feedback from restaurant owners, diners, citizens and City staff. In 2007, heaters were allowed to be used only in outdoor dining areas located on private property, provided that a permit from the Fire Department was secured. Under current regulations, all restaurants having outdoor dining must apply for and receive an annual Outdoor Dining Permit.
In 2007, heaters were allowed to be used only in outdoor dining areas located on private property, provided that a permit from the Fire Department was secured. Under current regulations, all restaurants having outdoor dining must apply for and receive an annual Outdoor Dining Permit. If outdoor dining is located on public property, the permit holder is required to provide the City with proof of liability insurance naming the City as an additional insured. 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
06-13-17 BOA Minutes June 13, 2017 Page 2 of 7 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 sated that he is unable to support the amendment to the ordinance with regard to the statement in the staff report, “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;” which is not in line with the City’s requirement for ADA accessibility. In response to Mayor Sanger’s question, City Manager Owens explained that the amendment to the ordinance would be treated no differently than how it is currently. The amendment is just an addition of the heaters for a short period of time. The heaters would be treated the same as tables, chairs, and any other things that are part of the outdoor dining permit process. He confirmed that the restaurant has to make sure that the sidewalk is clear or they risk jeopardizing their permit.