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Home My WebLink AboutItem 07 Date: Item No. ORDINANCE AMENDING TITLE 3 OF THE CITY CODE CONCERNING FOOD TRUCKS Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) an ordinance amending Title 3 of the City Code, a summary ordinance for publication, and a resolution amending the fee schedule, as presented. Overview Planning and Community and Economic Development Department staff recommend approval of an ordinance amending Title 3, Business and License Regulations, of the City Code to allow and regulate mobile food units (a/k/a food trucks). The proposed ordinance is the result of discussion and direction from the City Council at the April 24th and May 22nd work sessions. Staff also recommends the City Council adopt a summary ordinance for publication and a resolution establishing a license fee for mobile food units. As a follow-up to the May 22nd work session, staff discussed the insurance requirements with the Finance Director and City Attorney. The City Attorney recommends the insurance requirement be $2,000,000 to cover the City’s liability requirements under State Statute and the League of Minnesota Cities Insurance Trust. The City Council indicated a willingness to review the mobile food unit ordinance after one year. The insurance requirement, as well as the other licensing and performance standards, can be re-visited at that time. Primary Issues to Consider None Supporting Information • Ordinance amending Title 3 of the City Code and Summary Ordinance • License Fee Resolution • May 22, 2017 City Council draft work session minutes (included as a separate agenda item) Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Daryl Morey, Planning Dir.; David Olson, Comm. & Econ. Dev. Dir. June 5, 2017 City Code 1 ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 3 of the City Code is hereby amended to include the following provisions: CHAPTER 23 MOBILE FOOD UNITS 3-23-1: Purpose and Intent 3-23-2: Definition 3-23-3: License Required 3-23-4: Performance Standards 3-21-1: PURPOSE AND INTENT: To allow and regulate mobile food units in the C-CBD, Commercial - Central Business District. 3-21-2: DEFINITION: MOBILE FOOD UNIT: A food and beverage service establishment that is: 1) a vehicle mounted unit, either motorized or trailered; 2) readily movable without disassembling for transport to another location; or 3) a nonmotorized vehicle self-propelled by the operator. 3-21-3: LICENSE REQUIRED: A. Unless otherwise allowed in conjunction with community events such as Pan-O-Prog and Block Bash, no person shall operate a mobile food unit in the C-CBD District without a valid license required under this chapter. B. Application Form: An application for a license under this chapter shall be made on a form provided by the City and shall contain the following information: 2 1. The applicant must be the owner of the mobile food unit. 2. The applicant’s full legal name, other names the applicant uses or is known by, date of birth, and driver’s license number or other acceptable identification of the person applying. 3. The permanent and any temporary home and business address, phone numbers, and email addresses of the applicant. 4. A description of the food and beverages to be sold and the license plate number and description of the vehicle to be used in conjunction with the activity. 5. The names of at least two (2) references who will substantiate the applicant’s good character and business respectability or other evidence of good character and business responsibility of the applicant. 6. A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed, written authorization for the City to conduct a criminal history background check, and acknowledgment that failure to disclose previous convictions will disqualify the applicant. 7. An insurance policy that has been issued to the applicant by an insurance company authorized to do business in the state of Minnesota verifying that the applicant is insured against claims arising out of all operations of such applicant under this chapter for the sum of at least Two Million Dollars ($2,000,000.00) against liability for bodily injuries and for at least Two Million Dollars ($2,000,000.00) against liability for damage or destruction of property. 8. Written consent of the property owner from which the mobile food unit sales will be conducted. 9. A copy of the related license or permit issued by the State of Minnesota required to operate a mobile food unit. 10. The dates and hours of the mobile food unit operations must be specified. 11. A site plan showing the exact location of the mobile food unit must accompany the application. C. License Fee: The fee shall be in an amount determined by City Council resolution. 3 3-21-4: PERFORMANCE STANDARDS: A. Mobile food units in the C-CBD District shall only be allowed on private or public parking lots and with the written consent of the property owner. B. Only one (1) mobile food unit will be permitted on a property at any time. C. Mobile foods units shall operate only on Fridays, Saturdays, and federal government holidays between the hours of 7:00 a.m. and 10:00 p.m. D. Mobile food units shall not interfere with vehicle and pedestrian circulation or emergency vehicle access. E. There shall be adequate parking on the lot to provide space for the mobile food unit as well as satisfy all parking requirements for the property. F. Mobile food units shall not have a drive-through. G. Signage shall comply with Chapter 11-23 of the City Code. H. Mobile food units shall not use any outside sound amplifying equipment, televisions or similar visual entertainment devices, lights, or noisemakers such as bells, horns or whistles. I. All waste, garbage, litter and refuse shall be contained in leak proof, nonabsorbent containers which shall be kept covered with tight-fitting lids and properly disposed of. No waste, garbage, litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, storm drains, or public trash receptacles. J. Mobile food units shall provide an independent power supply that is screened from public view. K. Mobile food units shall comply with all applicable Fire Codes and may be inspected by a City Fire Official prior to operation of the mobile food unit. L. The approved permit shall be prominently displayed on the mobile food unit for the duration of the event. Section 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the Lakeville City Council this 5th day of June 2017 4 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, BUSINESS AND LICENSE REGULATIONS, OF THE LAKEVILLE CITY CODE This ordinance amends Title 3 of the Lakeville City Code by adding Chapter 23, Mobile Food Units as follows: Chapter 23, Mobile Food Units 3-21-1: Purpose and Intent 3-21-2: Definition 3-21-3: License Required 3-21-4: Performance Standards A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 5th day of June 2017. CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 17-____ RESOLUTION AMENDING THE 2017 FEE SCHEDULE TO ADOPT A LICENSE FEE FOR MOBILE FOOD UNITS WHEREAS, Title 3 of the City Code is being amended to add Chapter 23 to allow and regulate mobile food units in the C-CDB, Commercial-Central Business District; and WHEREAS, Title 3, Chapter 23 of the City Code includes a license fee for mobile food units in an amount to be determined by City Council resolution; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council, the license fee for mobile food units shall be $50.00/day. ADOPTED by the Lakeville City Council this 5th day of June 2017 CITY OF LAKEVILLE __ Douglas P. Anderson, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk