Planning Commission Minutes 2014 04 10

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Planning Commission Meeting Minutes April; 10, 2014 Page 22of 37 Tengler disagrees with O’Connell on ice cream and would strike the word pre- packaged. It is a self regulating business. Economic conditions will prevent people from doing this. Relative to the Art Center, heagreeswith O’Connell and Rice in that he doesn’t like to see the carve-out for the Art Center. It might be attractive but he is in complete agreement that this is an ordinance and shouldn’t have a lot of carve-outs. Relative to the distance, hewas in favor of 150’ andthere are not a lot of places where 300’ will allow a food truck outside of industrial office areas. The point is to put them close enough so they are a benefit to the overall community to someone who works in an office building in Centennial Valley or in CTC. Brauneis says the carve-out for the Art Center is simple.This is one issue with one community resource. Tengler agrees but does it open the City to liability. Brauneis says we are told no. It appears to be appropriate and defensible legally. Tengler says until it is contested. Should the food truck be open only to attendees? If it is not pre-packaged, there is nothing to stop residents from the neighborhood from coming in? Is that a big deal? If it is broadenedand could be five or six exceptions, where do we draw the line? Rice says that we don’t have much consensus on a couple points. Moving forward with the ordinance when we don’t have consensus doesn’t make sense. If there will be an amendment to this ordinance to deal with the Art Center issue, he isnot comfortable considering that until there is specific language. This is a precisely worded ordinance and the City Attorney should look at it and give us his advice. We must have some very specific proposal. O’Connell says we should recommend it with some opening for leaving the Art Center with an exception. We should not propose language and leave it to the attorneys to draft it. Russ says there are a couple of options. With a continuance, we can work with City Attorney for specific language that Rice is asking for, or a condition to work with the City Attorney to draft that language for Council. Staff feels comfortable going forth. The City Attorney is aware of this issue. The City is not subject to anti-trust issues. They have a right to define it. We could exclude Memory Square Park from the residential exclusion and the surrounding ROW. You could target just the Art Center and its adjacent ROW. You can exclude Memory Park from the residential requirement.If you limit itto inside the facilitysoit limits the potential users to whomever the City or the Cultural Council allow to use the facility. We can come back with specific language or we can get instructions to work with the City Attorney. We should not specify a specific user but rather specify a specific facility. Rice says the concept is to take aspecific space and define it out of the residential neighborhood. Moline asks what is Memory Square zoned?