Planning Commission Minutes 2014 04 10

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Planning Commission Meeting Minutes April; 10, 2014 Page 18of 37 Russ says it is an equity challenge and I would defer to the City Attorney on equal treatment and equal rights. The City does have the power based on State law to create and allow City sponsored uses to get exclusive treatment. There is room in the State statute that allows the City to do that. Staff’s concern is singling out the Cultural Arts Council. Language could be created with the City Attorney toexclude Memory Square and its surrounding ROW. Any user of a City sponsored event within Memory Square would be exempt and that would allow anything at the Arts Council to go through. Staff went in with a consistency to not do that as it isin a residential zone district.If Staff gets direction, we will not exclude the Cultural Council but exclude out Memory Square and its surrounding ROW. Russell says we could exclude Memory Square from the residential but associate the use with an event that is occurring there. Russ says you could probably restrict it to City sponsored uses rather than opening it up to anyone who wants to come in for a special event. Staff can certainly do this if you give us the condition of approval and we will present that with the City Attorney to the City Council. Brauneis says why would we “squash” smaller events that provide energy to that space?We would be better off as a community to enable these smaller events to exist. We have plenty of regulations in place should those events causeproblems with the neighbors such as sound issues, litter issues, and feral animal issues would all be addressed. Brauneis asks what is the fundamental basis we need to limit pre-packagedice cream. Russ says it is Commissioner O’Connell’s specific request because it doesn’t follow the tradition of what the City has allowed. Pre-packagedis consistent with what the City has always allowed from the business license perspective which has been in conflict with the City Code. It is an estoppelsclaim based on the business license but in following the code, the operation is not allowed. We recognize the tradition behind it so Staff tried to limit it to that specific type of vendor and getting it pre- packagedwas a way to differentiate itfrom custom-made desserts and other dessert trucks from operating within the City. We are trying to limit commercial activity within a residential area. Brauneis says at that point, he doesn’t see theneed to draw the line if we come to the conclusion that it has to be ice cream only. Hedoesnot understand why it has to be pre-packaged,particularly in light of the fact that we have a brick and mortar establishment that happens to own a vehicle. Why would we want to limit their success within our own community? Russ says it may be in conflict with the values of the neighborhood, and thatis based on your direction to Staff, not my direction to us. If you want me to delete the word “pre-packaged” or come up with a new definition, then Staff can certainly try.