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HomeMy WebLinkAbout2021-03-15-I01M Food Truck Pilot Program AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 15, 2021 AGENDA ITEM: Consideration of approval of a resolution readopting the Food Truck Pilot Program FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Per City Council direction, staff prepared a Food Truck Pilot Program in August 2018 to establish provisions that would allow food trucks to operate in Waukee. The original program expired on December 31, 2019, but was renewed for 2020. Staff proposes to readopt the pilot program for the 2021 calendar year. With the COVID-19 pandemic, food truck operators were unable to operate their businesses, as they typically would under normal circumstances. Many operators adapted by setting up in residential neighborhoods either in a homeowner’s driveway or in the public street for a few hours at a time. Under the previous program, an operator would not be allowed to do this; however, staff is aware that there were instances of food trucks operating within residential neighborhoods throughout 2020. To the knowledge of City staff, no complaints or concerns were raised regarding these operations. Staff proposes some revisions to the program that will differ slightly from the 2020 program. The proposed revisions to the program include the ability for food trucks to operate within residential districts and the ability to operate within the public right-of-way on streets that allow on-street parking. Appropriate measures have been included within the requirements that limit the amount of time an operator may be on a street so as to not become a nuisance, and to prevent operations or customer service from occurring within the public street. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: STAFF REVIEW AND COMMENT: Staff believes the proposed pilot program provides the necessary safeguards to protect the general public and those operating the mobile food units while not overregulating mobile food unit operators. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution (including Pilot Program requirements) I1M PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: EXHIBIT A Food Truck Pilot Program 2021 Purpose: The Waukee City Council has expressed a desire to allow for the operation of mobile food units within the City of Waukee. The proposed Pilot Program will be enacted and will run through December 31, 2021 at which time, the program will be reviewed and assessed for future consideration of permanent requirements for mobile food units within the City of Waukee. Definitions: A. Mobile Food Unit: Any type of annually licensed food establishment that is a readily moveable vehicle (on wheels), that is self-propelled (driven), or can be pulled or pushed to a location and used for the vending of food or beverage items at a stationary location to the public. B. Mobile Food Vendor: A person engaged in the business of selling food or beverages from a mobile food unit. C. Push Cart: A non-self-propelled mobile food unit that is pushed or pulled by the mobile food vendor to a location and serves a limited offering of food or beverage items. D. Approved Event or Special Event: A larger event, such as a farmers market, music festival, or similar activity that has been approved by the City through a special event permit (typically on public property), a temporary use permit (on private property) or a block party. An approved event would also include events within the City park with the approval of the Parks and Recreation Director or their designee. E. Catered Event: Any event where a business or entity has requested the mobile food unit to provide food for a targeted audience and which the food is served to the customers within a building, structure, or facility and not directly from the mobile food unit, or where the business or entity requesting the service is paying for the food in a single lump sum payment rather than individual patrons paying for their food themselves. F. State Licensing Level Classification: The Iowa Department of Inspections and Appeals has established classification levels for mobile food vendors that will be referenced as a part of this program. The levels are as follows: - Class I: Non-refrigerated vending units that serve only intact, non- potentially hazardous commercially prepackaged food and beverages. Examples include chips, crackers, cookies, soda and sweets in manufacturers packaging. - Class II: Refrigerated or hot vending units that serve potentially and non- potentially hazardous commercially prepackaged foods from an approved source. Examples include packaged sandwiches, ice cream bars, individually wrapped and cooked hot dogs. No cooking is allowed as part of a Class II unit. - Class III: Units that serve potentially hazardous packaged food and unpackaged foods with limited assembly. These units are limited to pre- cooked foods from an approved source that may be reheated on the unit. Examples include pushcart operations, packaged salads, hot dogs, shaved ice. - Class IV: Units that serve potentially and non-potentially hazardous food that are prepared, cooked, cooled or reheated, and assembled on the unit. Examples include self-contained mobile food units, food trucks and any units that are capable of preparing and producing food items from pre- cooked and/or raw products to finished product for consumption. Exempt Uses/Instances: A. Catered Event on private property (graduation party, wedding reception, etc.) B. Grilling and food preparation activities of brick and mortar establishments on the establishments premises for immediate consumption by patrons or employees C. Concession stands associated with sports or recreational venues D. Mobile Food Vendors at the Waukee Downtown Farmers Market E. Mobile Food Vendors at City of Waukee sponsored or promoted special events General Regulations: A. All mobile food units operating within the City of Waukee that are not exempt from this Ordinance shall submit a Mobile Food Unit Permit Application on a form as provided by the Development Services Department. In addition to the application, a fee in the amount of $50 will be required. All Mobile Food Unit Permits will expire on December 31, 2021. B. Mobile Food Units shall be permitted to operate on private property within any residential (R), commercial (C) or industrial (M) zoned property or within the public right-of-way within any R, C or M district. Mobile Food Units shall be permitted to operate within City parks provided the Parks & Recreation Director or their designee has approved the time and location of operation. C. Mobile Food Units shall be located on a paved surface, unless approved as a part of a Special Event. D. Mobile Food Units shall be limited to a maximum of five (5) consecutive days in one location. E. Mobile Food Vendor shall make arrangements to have permanent restroom facilities for employees within walking distance within adjacent buildings. F. The location of a Mobile Food Unit shall be located in manner where it does not take up required parking stalls required for the primary use of the property where the Mobile Food Unit is located. G. All Mobile Food Units utilizing deep fat fryers or open flame cooking shall be located 20 feet from any building unless an exemption is granted from the Waukee Fire Department H. All Mobile Food Units shall be located in such a manner so as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding ingress and egress from a building, creating a visual impediment for the motoring public at drive entrances, intersections pedestrian crossings, or similar movement and access. I. Mobile Food Units operating within the public right-of-way shall be located on the street side where on-street parking is permitted. Operations, food preparation and customer service shall not be conducted within the street. J. Mobile Food Units operating within the public right-of-way shall be limited to operate no more than two (2) hours in the same location or on the same street. K. Mobile Food Units shall not be allowed to operate within the public right-of-way on streets where on-street parking is prohibited. Violations: The operation of a Mobile Food Unit is a privilege. A Mobile Food Unit Permit may be revoked or terminated at any time by order of the Administrative Official, Fire Chief, Police Chief, Building Official or their designees if the Mobile Food Unit is deemed as being a life safety hazard towards pedestrians, vehicles or property, or if the temporary use fails to comply with the terms of the permit or other City Ordinances.