Committee of the Whole

CITY OF OCONOMOWOC ELECTRONIC MEETING PROCEDURE Committee-Of-The-Whole – 12/15/2020 @ 6:30 PM The City of Oconomowoc will be holding this meeting In-Person and via Webex There are three (3) ways to View and/or Participate in this meeting: 1. Join electronic meeting via computer/tablet/smartphone: Instructions on joining the meeting on PC Please click on this meeting link: https://oconomowoc.webex.com/oconomowoc/onstage/g.php?MTID=e3843c5a0bb3595749360971a ccff58cd 1. Fill out your information: First Name, Last Name, Email Address. If the meeting hasn’t started, please try refreshing the page. 2. Click Join by browser 3. Click on the Phone Icon to connect to your computer’s audio or to show a dial in number. 2. Call in number to join the meeting via landline Audio Conference Number: 1-408-418-9388 Access Code: 146 721 5062 3. Attend In-Person **NOTICE: The City Webex Licensing allows up to 200 participants for an electronic meeting. In the event that the City logs in 197 participants, we will assume that there are more people that want to participate than we are currently licensed for. In that situation, the City must cancel the meeting and reschedule after the City has obtained additional licensing to accommodate the increased public audience.  City of Oconomowoc Committee-Of-The-Whole Tuesday, December 15, 2020 - 6:30 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Proposed Creation of Section 17.111(10) of the City of Oconomowoc Zoning Code Regarding Food Trucks/Mobile Food Shops 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM DEPARTMENT Date: December 8, 2020 To: Committee-of-the-Whole From: Jason Gallo, City Planner / Zoning Administrator Re: Food Truck / Food Court Ordinance RELATES TO THE STRATEGIC PLAN Strategic Goal- Promote Economic Development within the City BACKGROUND The Protection & Welfare Committee reviewed the draft food truck ordinance on November 4th, 2020. Comments from that meeting were incorporated into the draft ordinance. The ordinance was then sent out in an email blast to 330 Chamber of Commerce members to review and provide feedback. The ordinance was also sent to all members of DOBA; Downtown Oconomowoc Business Association. Finally Planning sent the ordinance out to Department Heads within the City to review and provide comment. ADDITIONAL ANALYSIS I have attached the updated ordinance per the Protection and Welfare comments. I have also attached the comments received from the public and City Staff. Most of the feedback has been positive. Staff continues to receive inquiries from additional food trucks. The ordinance was sent out to potential food truck vendors and staff has not heard back. One item that is not in the draft ordinance is the idea to create a food truck or a food court zone within the City where these could and could not be located. FINANCIAL IMPACT N/A RECOMMENDATION If it is the desire to keep the ordinance moving, then direct staff to forward the Food Truck Ordinance to the Plan Commission for review and recommendation to the City Common Council. SUGGESTED MOTION Motion to send the draft ordinance as amended to the Plan Commission for review & recomemndation. 1 2  17.111 (10) Food Trucks / Mobile Food Shops Updated November 11, 2020 (a) Definitions 1. Food Truck or Mobile Food Shop is any temporary structure, trailer, motorized vehicle, or cart that is brought to a site for the purpose of selling, preparing, or displaying food items. 2. Food Court is any parcel that contains three or more food trucks or mobile food shops at the same period of time. (b) Permit Required – No vendor shall sell, offer for sale, or display food items from a food truck or mobile food shop location without first obtaining a permit from the City of Oconomowoc. Food delivery services or private caterers serving private businesses or residences are exempt from the requirements of this ordinance. Food trucks in the City less than 4 days that are approved under a special event permit are exempt from the requirements within this ordinance. Any food truck or mobile food shop operating without City permits are subject to citations and penalties identified in Section 25.04 Penalty Provisions of the City Municipal Ordinance. (c) Prohibited Locations – Food trucks and mobile food shops are prohibited to sell, park or operate on any public sidewalks, public parks, public streets or other publicly owned land, unless in conjunction with an approved special events permit issued by the Parks, Recreation and Forestry Department. No food trucks or mobile food shops may park and/or operate on any residentially zoned property. Specifically food trucks, food carts or other mobile food shops are not allowed to locate and/or operate within the zoning districts of SR, Suburban Residential; TR, Traditional Residential; RML, Residential Multi-Unit Low; RMH, Residential Multi-Unit High; IRS, Isthmus Residential Single-Family; IRM, Isthmus Residential Multi- Family; RR, Rural Residential; and UR, Urban Reserve. Question: Does the City want to allow food trucks in the IP Institutional Public zoning district (Church and Hospital parking lots, trucks are already prohibited from locating on Schools and City Property). Districts Food Trucks would be allowed include GC, General Commercial; MC, Mixed-Use Commercial; BP, Business Park; I, Industrial and IP, Institutional Public. (d) Application – An application form for a permit provided by the City of Oconomowoc under this section shall be completed by the vendor and contain the following information: 1. The vendor’s name, address, email address and phone number; 2. A description of the food cart, food truck or other vending device from which the application intends to vend, including the dimensions of the cart, truck, or device; T:\____Projects\Food Trucks\Draft_Ordiance_11_11_20_edits.docx 3  3. A description of the items to be offered for sale; 4. A copy of the vendor’s license from Waukesha County Department of Health; 5. A certificate of insurance, or an acknowledgment thereof, by an insurance carrier licensed to do business in this state, evidencing comprehensive general liability coverage in the amount of one hundred thousand dollars ($100,000), one million dollars ($1,000,000), to protect against damage to property and/or persons resulting from the operation of the mobile food shop; 6. The location(s) for which a permit is sought. Including a site plan identifying the precise location where the food truck / mobile food shop will be located; 7. Documentation from the property owner that the operator has permission to operate at that location. 8. Plan of Operations explaining the following: days and hours that the food truck / mobile food shop will be on site, the hours that the sales will occur, traffic circulation, customer parking, tables/chairs number and location, lighting, music, signage, restroom access, waste containers and any other information that is pertinent to the operations; 9. Initial Application fee of $150.00 dollars for temporary use and $500.00 $300.00 for permanent use. Additional inspection fees or chargeback fees may be required by either the Western Lakes Fire District, Building Inspection or Planning Department; and 10. Any other information as the City may require. (e) Annual Fees - An annual renewal fee for permanent use is currently $250.00 and may change over time on a calendar year basis. (f) Permit Issuance – Upon receipt of a complete application in compliance with section (d) of this ordinance, the City Planner / Zoning Administrator shall determine the duration of the intended sales. 1. Temporary Use - If the sales are to be conducted at that location for 6 months 3 months or less, the City Planner / Zoning Administrator may administratively issue a temporary use permit for the food truck / mobile food shop. The City Planner / Zoning Administrator shall either issue the temporary use permit or provide notice to the applicant that the application is not complete within 10 working days of receipt of the application. Each temporary use permit, including renewals requires a new application and fee. 2. Permanent Use - If the sales are to be conducted greater than 6 months in duration, the application shall be referred to the City of Oconomowoc Plan Commission for a site plan review per Section 17.805 Design Review of the City Zoning Ordinance. The applicant shall submit 16 copies of the information requested within subsection (d) of this ordinance. T:\____Projects\Food Trucks\Draft_Ordiance_11_11_20_edits.docx 4  3. Food Court – If a site is designed for three or more food trucks, the Plan Commission shall review and approve a master plan for the food court use. The property owner shall submit 16 copies of the information requested within subsection (d) of this ordinance. Each individual food vendor within a food court shall be approved by the Plan Commission. 3. Appeals - The applicant may appeal any denial by either Planning Staff or the City Plan Commission. Appeals of the Planning Department shall go to the Plan Commission. Appeals of the Plan Commission shall go to the City Common Council. The appeal shall be made within 30-days of the date of the denial. (g) Permit Exceptions – No permits from the City Planner / Zoning Administrator are required for food trucks / mobile food shops for temporary vendors that are approved under a special event permit issued by the City Parks, Recreation and Forestry Department. (h) Special Events / Community Events Not Allowed – No temporary use permit will be granted by the City Planner / Zoning Administrator to allow a food truck / mobile food shop at a location that would be one thousand (1000) feet of a special event or community event. (i) Inspections – Prior to opening for business, each food truck or mobile food shop shall be inspected by the Western Lakes Fire District and the City of Oconomowoc Building Inspection. Applicants shall comply and stay in compliance with all requirements of the Fire Prevention Code and the City Building and Safety Ordinances. (j) Location Regulations – No food truck / mobile food shop shall be allowed to operate within thirty (30) feet of a property occupied by a residence; within ten (10) feet of a driveway or driveway apron; within ten (10) feet of a building entrance or fire exit; within ten (10) feet of another food truck or mobile food shop; within 200 feet of an existing restaurant; closer than ten (10) feet from any public sidewalk; or 300 feet from the premise of a private or public school. All food trucks or mobile food shop shall remain at the fixed location per the approved permit. Question: Does the City define a Food Truck / Food Court zone and reference per an exhibit. Staff suggested East Wisconsin Avenue corridor, Summit Avenue and Pabst Farms areas. (k) Alcohol / Tobacco – No vendor shall be allowed to sell, possess, consume or distribute alcoholic beverages while operating a food truck or mobile food shop. In addition, tobacco products of any sort shall not be offered for sale. (l) Waste products – No grey water, grease, trash or other similar products may be deposited into any public storm sewer. Vendors must keep the grounds around their food truck / mobile food shop free of litter, trash, paper and waste at all times. T:\____Projects\Food Trucks\Draft_Ordiance_11_11_20_edits.docx 5 (m) Utilities – A permanent water or wastewater connection is prohibited. (n) Signage – Advertising signage shall not be in the public right-of-way and not to exceed 32 square feet in size. No more than one sign per vendor. (o) Music – Food trucks / mobile food shops shall not make any loud or unreasonable noise for the purpose of advertising or drawing attention to its food shop operations or any other purpose. Any outside sound equipment used shall not exceed 70 decibels when measured at closest property line. (p) Lighting – All vendor lighting shall be approved by the City prior to installation. All exterior lighting shall be hooded or shielded so that the light source is not directly visible to any nearby residential use. (q) Litter – No food truck or mobile food shop shall conduct business without making available a container suitable for the placement of litter. (r) Tables / Chairs – Vendors may place tables and chairs that do not inhibit pedestrian and vehicle traffic. Any obstructions deemed unsafe by the City or placed without proper approval will be promptly removed. (s) Hours – A mobile food establishment shall not operate between the hours of 11:00 pm and 6:00 am. (t) Restrooms – Any mobile food vendor area on the same parcel with three or more vendors operating at the same time shall provide a portable restroom. The property owner shall be responsible for the placement of restroom. (u) Revocation – The City of Oconomowoc Common Council may suspend or revoke any permit granted under this section on basis of any violation of this chapter. Question: Does the City cap the overall number of Food Trucks within the City? (s) Overall Number – The City of Oconomowoc shall not have more than a cumulative total of 10 food trucks or mobile food shops within the City at one time. Food trucks operating within the City limits for a special event do not count toward this number. Once the maximum number is reached, the office of the City Planner / Zoning Administrator shall no longer approve requests or take to the City Plan Commission until there less than 10 operating vendors. Question: Staff is assuming the existing food carts are grandfathered in and would not be required to comply with the regulations within this ordinance unless they relocate to a new location. Does language need to be included regarding the existing trucks? T:\____Projects\Food Trucks\Draft_Ordiance_11_11_20_edits.docx 6 November 19, 2020 Mr. Jason Gallo, AICP City Planner City of Oconomowoc 174 E Wisconsin Ave Oconomowoc, WI 53066 Via: jgallo@oconomowoc-wi.gov. Subject: Location of a Food Truck Court – North of Summit Credit Union Dear Jason: The city recently sent out an inquiry to businesses seeking input pertaining to food trucks. This letter today is to communicate our thoughts as to locating a food truck court north of our new location at NEC Summit Avenue and Oconomowoc Parkway. Summit Credit Union acknowledges the benefits of having food trucks in the community. They bring diversity to the community and they provide start-up opportunities. Often the proprietors end up as “brick and mortar” merchants. The city included a list that summarized the pros and cons in its inquiry and Summit has no problems with the pros as they relate to the greater community. However, we do have some concerns about specifically locating a proposed food truck court north of our existing location. This is a private road and Summit is responsible for maintaining it until substantial development occurs in the future that results in turning the road over to the city. At this stage of development, our concern is the increased traffic from a food truck court will increase the road maintenance costs but it won’t be considered enough of a development to turn the road over to the city. Also, in its current condition the road is not wide enough for the increased traffic without extending the road to the north as the road is now basically a cul-de-sac. The congestion would impede access into our property. At this location, we struggle with litter that originates from the two adjacent convenience store properties to the south and west. A food truck court is likely to add to this litter issue. 7 Lastly, the communal type of property usage raises some unique questions concerning insurance and liability. Will vendors be required to carry insurance and would that coverage be extended to the entire property or just the food trucks businesses? To summarize, our concerns are: increased road maintenance costs, traffic control that impedes access, increased litter and insurance and liability questions. From a personal standpoint, I would think a better location for a food truck court in Oconomowoc would be the downtown where it can add to the ambience of downtown commercial opportunities. It would fit in nicely with the wonderful farmer’s market the city has nurtured. Please do not hesitate to contact me, if you have any questions or comments. Sincerely, Summit Credit Union Greg Polacheck Greg Polacheck, CCIM Summit Credit Union Real Estate Manager cc: Jeremy Eppler - Summit Credit Union Wendy Woodson Jones – Oconomowoc Branch Manager Wendy.Woodson-ones@summitcreditunion.com Steve Lee –Facilities Manager Steve.Lee@summitcreditunion.com 8 Food Truck Ordinance Comments 11-17-20 Hi Jason, I received an email regarding local business input on food truck ordinances in Oconomowoc. I have a dental practice in the corporate center on the south side of town and we would love to see a food truck park at your proposed location. Food trucks are fun and it would be great to see more traffic on this end of town. They are also great “socially distant” options during a year such as this. I am also a resident of Oconomowoc and my husband and I greatly enjoy the food trucks on Wisconsin avenue. We often purchase food and eat it on the boardwalk by the lake. We would love to see them stay close to downtown if possible! Thank you for reaching out, Mary Frances Jahnke, DDS 11-12-20 A Food Truck Park is actually a concept that I have been working on and have some ideas for. If anyone wants to meet about it, I definitely would be open to it. Best Regards Devin Eichler 11-12-20 Hello, Feedback: I am pro food truck, and would be in support of a "Food Court" as mentioned in the draft. Have a pleasant & productive day. Carla Colella 11-12-20 Hi Jason, I’ve been a business owner in Oconomowoc for over 20 years. I love the Food Truck area idea. When I travel I see these food truck areas all the time. If the community supports it makes the area attractive it can be very nice. The photo below is Seaside, Florida. The Food Truck area is a big draw. I would suggest that it not be all Mexican Food!! Make sure it has some nice looking seating and lighting for evening dining. If not done right it will look trashy. Shad area for sun is also important. The biggest problem with the village green is no shade. I have been some village green sort of areas also in Florida were it wouldn’t survive if they didn’t have shad. They used large utility poles with sail material to make shad areas. Debra Meunier, American Family Insurance 11-12-20 I absolutely love the food trucks! Gives us other options outside of drive thru and dine-in restaurants… I would love to see an actual food court with them all in one spot like you are proposing!! I think it would be a great addition to our community 😊 Sincerely Lea Smith (Oconomowoc Resident) 11-11-20 Hi Cherie, I think the places they operate now is just fine. Warmest Regards, Jacque Talaska, President, Long & Company, Inc. 11-11-20 I am definitely ok with it. Devin. The Crafty Cow. 9  Food Truck Ordinance Comments – City Staff 1. I assume we don’t want this to cover any other goods/merchandise besides food, correct? 2. Under (f) Permit Issuance – Temporary Use or Permanent Use: it looks like in changing the Temporary Use from 6 to 3 months or less, the period of time between 4 and 6 months was inadvertently left out. Permanent Use goes right to greater than 6 months. 3. Under (t) Restrooms – We may want to add that the property owner shall be responsible for the placement and maintenance of restroom. We don’t want the portable restrooms going unemptied or unattended to. 4. I would think that we would want existing food carts to have to comply with the new ordinance. Perhaps using a future effective date or a grace period in which to comply. 5. Can you add a line under the inspections headline stating, “permanent permit holders will be inspected by the fire department at least yearly”, or something to that effect? 6. Remove extra space between 1. and Food in (a). 7. Can the term food truck, cart and mobile food shop be simplified to a common term for them? 8. Carts are only specifically mentioned in (c) and (d) 2. Do they need to comply with the entire ordinance? 9. Why is the annual renewal fee (e) allowed to be paid over time? 10. In (f) 2 should the duration read greater than 3 months? Do we need to list the number of copies? 11. Same question for (3), do we need to list the number of copies? 12. Should we note in (g) approval must come from the event organizer? 13. What are we saying in (h)? Is a vendor with a previously issued permit allowed to operate during the Special/Community event? 14. Remove the word public from (l) 15. Is a temporary utility connect allowed in (m)? 16. Add not within the public right-of-way to (r). 17. Question 1: Would not have an issue with Church and Hospital parking lots as long as they meet the requirements of the ordinance. 18. Question 2: I wouldn’t. The ordinance provides the requirements for placement. 19. Question 3: I feel the requirements in the ordinance limits the number based on location requirements (no residential properties). Would we care if every business in the Corporate Park had one in their parking lot? 20. Question 4: Do the existing ones meet the standards? If yes, why not charge and permit as all others? If no, would we want them to be compliant? Maybe you would waive setback requirements but not noise, trash insurance and the other restrictions. If other comments are received prior to the meeting, Planning Staff will bring those to share during the meeting. 10