Loading...
HomeMy WebLinkAboutItem 08 Date: Item No. ORDINANCE AMENDING TITLE 3, CHAPTER 23 OF THE CITY CODE CONCERNING MOBILE FOOD UNITS Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) an ordinance amending Title 3, Chapter 23 of the City Code, a summary ordinance for publication, and a resolution amending the fee schedule, as presented. Overview Planning Department and Community and Economic Development Department staff recommend approval of an ordinance amending Title 3, Chapter 23, Sections 3 and 4 of the City Code concerning the license required and performance standards for mobile food units (a/k/a food trucks). The proposed ordinance is the result of discussion and direction from the City Council at the March 26, 2018 work session. The owner of Angry Inch Brewing requested the City Council consider amending the City Code requirements to allow more opportunity for food trucks to locate downtown. Staff also recommends the City Council adopt a summary ordinance for publication and a resolution establishing an annual license fee for mobile food units. Primary Issue to Consider What are the key changes included in the proposed ordinance? Supporting Information • Staff Response to Primary Issue to Consider • Ordinance amending Title 3, Chapter 23 of the City Code (redlined and clean) • Summary Ordinance • Fee Schedule Resolution • March 26, 2018 City Council work session minutes 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 Director May 7, 2018 City Code Primary Issue to Consider What are the key changes included in the proposed ordinance? • Food trucks located downtown will be allowed on more days of the week (Wednesdays through Sundays). The existing ordinance only allows food trucks downtown on Fridays and Saturdays. • Food trucks located downtown will be allowed on Upper 208th Street and 209th Street, between Holyoke Avenue and Howland Avenue, in addition to private or public parking lots as currently allowed. • The insurance requirement will be reduced from $2 million to $1 million. • An option for an annual license fee of $150 will be added to the daily fee option of $50. • Food trucks locating in City parks will now require a license. • More than one food truck will be allowed on a property at any one time. • The application form will be simplified. 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, Chapter 23, Sections 3 and 4 of the City Code are hereby amended as follows: 3-23-3: 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 or in a City park 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: 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 tThe 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 2 conduct a criminal history background check, and acknowledgment that failure to disclose previous convictions will disqualify the applicant. 7.5.An certificate of 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 one Mmillion Ddollars ($21,000,000.00) against liability for bodily injuries and for at least Two one Mmillion Ddollars ($21,000,000.00) against liability for damage or destruction of property. 8.6.Written consent of the property owner from which the mobile food unit sales will be conducted. 9.7.A copy of the related license or permit issued by the State of Minnesota required to operate a mobile food unit. 10.8. The dates and hours of the mobile food unit operations must be specified. 11.9. 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. 3-23-4: 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, and on Upper 208th Street and 209th Street between Holyoke and Howland avenues provided the service window is facing the sidewalk and provided the food truck is located at least thirty (30) feet from any street intersection. B. Only one (1) mobile food unit will be permitted on a property at any time. C.B. Mobile foods units shall operate only on Fridays, Saturdays Wednesdays through Sundays, and federal government holidays, between the hours of 7:00 a.m. and 10:00 p.m. D.C. Mobile food units shall not interfere with vehicle and pedestrian circulation or emergency vehicle access. E.D. There shall be adequate parking on the lot or public street to provide space for the mobile food unit as well as satisfy all parking requirements for the property. F.E. Mobile food units shall not have a drive-through. G.F. Signage shall comply with Chapter 11-23 of the City Code. 3 H.G. 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.H. 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.I. Mobile food units shall provide an independent power supply that is screened from public view if it is not located on the food truck. K.J. Mobile food units shall comply with all applicable Fire Codes and may shall be inspected by a City Fire Official prior to operation of the mobile food unit. L.K. The approved permit license 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 7th day of May 2018 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk 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, Chapter 23, Sections 3 and 4 of the City Code are hereby amended as follows: 3-23-3: 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 or in a City park 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: 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. The license plate number of the vehicle to be used in conjunction with the activity. 5. A certificate of insurance 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 one million dollars ($1,000,000.00) against liability for bodily injuries and for at least one million dollars ($1,000,000.00) against liability for damage or destruction of property. 6. Written consent of the property owner from which the mobile food unit sales will be conducted. 2 7. A copy of the related license or permit issued by the State of Minnesota required to operate a mobile food unit. 8. The dates and hours of the mobile food unit operations must be specified. 9. 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. 3-23-4: PERFORMANCE STANDARDS: A. Mobile food units in the C-CBD District shall be allowed on private or public parking lots with the written consent of the property owner, and on Upper 208th Street and 209th Street between Holyoke and Howland avenues provided the service window is facing the sidewalk and provided the food truck is located at least thirty (30) feet from any street intersection. B. Mobile foods units shall operate only on Wednesdays through Sundays, and federal government holidays, between the hours of 7:00 a.m. and 10:00 p.m. C. Mobile food units shall not interfere with vehicle and pedestrian circulation or emergency vehicle access. D. There shall be adequate parking on the lot or public street to provide space for the mobile food unit as well as satisfy all parking requirements for the property. E. Mobile food units shall not have a drive-through. F. Signage shall comply with Chapter 11-23 of the City Code. G. 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. H. 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. I. Mobile food units shall provide an independent power supply that is screened from public view if it is not located on the food truck. J. Mobile food units shall comply with all applicable Fire Codes and shall be inspected by a City Fire Official prior to operation of the mobile food unit. 3 K. The approved license 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 7th day of May 2018 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, Chapter 23, Section 3 (License Required) and Section 4 (Performance Standards) of the Lakeville City Code concerning Mobile Food Units. 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 7th day of May 2018. CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 18-____ RESOLUTION AMENDING THE 2018 FEE SCHEDULE FOR MOBILE FOOD UNITS WHEREAS, Title 3, Chapter 23, Sections 3 and 4 of the City Code are being amended regarding the license required and performance standards for food trucks; and WHEREAS, Title 3, Chapter 23, Section 3 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 or $150.00/year. ADOPTED by the Lakeville City Council this 7th day of May 2018 CITY OF LAKEVILLE __ Douglas P. Anderson, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE CITY COUNCIL WORK SESSION MINUTES March 26, 2018 1. Mayor Anderson called the meeting to order at 6:00 p.m. in the Lake Marion Conference Room. Members present: Mayor Anderson, Council Members Davis, Hellier, LaBeau (by telephone) and Wheeler Members absent: None Staff present: Justin Miller, City Administrator; Allyn Kuennen, Assistant City Administrator; David Olson, Community & Economic Development Director; Daryl Morey, Planning Director; John Hennen, Parks & Recreation Director; Jerilyn Erickson, Finance Director; Chris Petree, Public Works Director; Emily Ball, Forester; Charlene Friedges, City Clerk 2. Citizen Comments: There were no citizen comments. 3. Food Truck Ordinance Review Mr. Olson presented a request by Jon Erickson of Angry Inch Brewing to revisit the City's food truck ordinance. Mr. Erickson is requesting additional flexibility in days of the week that trucks are allowed, the option for an annual permit, reconsideration of allowing food trucks to be located on city streets and reconsideration of the $2 million insurance requirement. Additionally, staff proposes enhancement of the requirement for inspection of food trucks by the Fire Department. Staff also recommends that food trucks requesting to locate in city parks apply for a food truck license. Council members discussed the proposed ordinance modifications and agreed to the following: 1. Food trucks shall be allowed downtown on Wednesday through Sunday. 2. Offer the option of an annual license at a fee of $150. 3. Allow food trucks to be parked on certain city streets in the Central Business District. Staff will identify those streets in the ordinance. 4. Reduce the liability insurance requirement from $2 million to $1 million. 5. Require an inspection of all food trucks by the Fire Department prior to or in conjunction with the issuance of a license. 6. Food trucks requesting to locate in city parks must obtain a food truck license. 7. Staff directed to clarify performance standards relating to lights (Item H) and independent power supply (Item J). City Council Work Session Minutes, March 26, 2018 Page 2 The Council directed staff to publish an informational article in Messages along with the required 10 -day publication of the proposed ordinance. 4. Indoor Athletic Facility Update Mr. Miller provided a brief update of the work done by the Indoor Athletic Facility Task Force. He stated School District 194 has been approached by a private investor who is interested in constructing a facility at Lakeville North High School. Discussions between the private investor and School District officials are preliminary. Mr. Hennen presented the pro -forma analysis of seven scenarios on the costs to construct, manage, maintain and operate a sports dome facility. The scenarios are based on construction at Lakeville Hasse Arena, which was identified as the least costly site, and an estimated annual revenue of $410,000. The scenarios range from the City of Lakeville paying 100% of the costs, through the issuance of bonds, to the City and School District splitting the remaining construction costs after receiving contributions of up to $600,000 from area athletic associations. If the City were to subsidize the operation of a facility at a cost of $275,000 annually, this equates to roughly a 1% increase in the city's current tax levy. Council members discussed the cost assumptions and possible funding scenarios, including the use of park dedication funds. Council also considered the option of conducting a park bond referendum. Jim Storms, who serves on the Parks, Recreation and Natural Resources Committee and attended the last Indoor Athletic Facility Task Force, addressed the City Council regarding the ability of the various athletic associations to realistically provide a capital commitment as suggested. Board Member Judy Keliher spoke on behalf of School District 194. She stated the Board has not yet formally considered, or has taken a position on, this matter. The district's long-term facility task force is meeting to review the district's long-term facility needs. Council members expressed their desire to wait until more details were known about the potential school district/private option. They also expressed the importance of gaining a strong input from the community prior to making a financial commitment. Miller stated he could provide another update at the April work session. 5. Fourth Quarter 2017 Financial Report Ms. Erickson presented the General Fund preliminary year end financial report. Staff recommends the City Council consider the current fund balance ratio, which is higher than the 40% to 50% range established by city policy, in conjunction with the 2019 budget and CIP.