Committee of the Whole

City of Oconomowoc Committee-Of-The-Whole Tuesday, March 02, 2021 - 6:15 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/act on Approving Draft Ordinance Creating Section 17.111(10) Food Trucks/Mobile Food Shops and Sending to Plan Commission for Review and Recommendation 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: February 22, 2021 To: Committee-of-the-Whole Members 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 Committee-of-the-Whole has reviewed the draft food truck ordinance in November and December of 2020. In January Staff received updated comments from an Aldermen and incorporated points made from others during previous meetings. The changes include the following:  the annual payment was increased from $250 to $450;  the cap of no more than 4 food trucks will be allowed on any one parcel was removed;  regulations regarding signage were deleted;  regulations regarding music were deleted;  regulations regarding restrooms were deleted; ADDITIONAL ANALYSIS Most comments previously shared with the group have been positive. Since our last meeting, Planning has received 3 requests for food carts that I said we are currently developing an ordinance that regulates these uses. It is understandable that people are not interested in starting a Food Truck business during the months of January and February, but staff expects the inquiries to start again this coming Spring. FINANCIAL IMPACT We have heard some concerns about these users taking away customers from existing businesses. This ordinance now has fees, including an initial application fee and annual renewal fees. RECOMMENDATION Direct Staff to forward the ordinance to the Plan Commission. SUGGESTED MOTION Motion to send the draft ordinance as amended to the Plan Commission for review & recommendation. 1 2  17.111 (10) Food Trucks / Mobile Food Shops DRAFT - Updated January 11, 2021December 21, 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 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. (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 truck or mobile food shop from which the application intends to vend, including the dimensions of the truck, or device; 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 million dollars ($1,000,000), to protect against damage to property and/or persons resulting from the operation of the mobile food shop; T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 3  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 $500 dollars for temporary use and $1,000 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 $250450.00. Payment is due by January 31st for said calendar year. (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 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 3 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 the information requested within subsection (d) of this ordinance. 3. Food Court – If a site is designed for three or more food trucks or if three or more food trucks currently exist, the Plan Commission shall review and approve a master plan for the food court use. The property owner shall submit the information requested within subsection (d) of this ordinance. Each individual food vendor within a food court shall be approved by the Plan Commission. In any event, no more than 4 food trucks will be allowed on any parcel within the City. 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. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 4 (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 – No temporary use permit will be granted by the City Planner / Zoning Administrator to allow a food truck / mobile food shop at 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. Permanent permit holders shall be inspected by the Fire District representatives at least yearly. (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; 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. (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 storm sewer. Vendors must keep the grounds around their food truck / mobile food shop free of litter, trash, paper and waste at all times. (m) Utilities – A permanent water or wastewater connection is prohibited. Commented [MR1]: What about electrical? If electrical is needed, there should have to be a permanent connection, (n) Signage – Advertising signage shall not be in the public right-of-way and not to exceed 32 no extension cords running over ground. square feet in size. No more than one sign per vendor. Commented [MR2]: I don’t think we want signage at all. Why do they need signs when the food truck itself is a big (o) Music – Food trucks / mobile food shops shall not make any loud or unreasonable noise for sign? Downtown businesses are not allowed to have signs outside. 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. Commented [MR3]: I don’t think we want them playing music at all. Downtown business do not play music outside. (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. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 5 (r) Tables / Chairs – Vendors may not place tables and chairs that inhibit pedestrian and vehicle traffic. Any obstructions deemed unsafe by the City or placed without proper approval will be promptly removed. Tables and Chairs are not allowed within the public right-of-way. No more Commented [MR4]: Let’s limit this so it does not look like an ad hoc picnic area. than two tables with seating up to eight will be allowed. Seating shall be uniform and plastic or lawn-chair type furniture is not allowed. (s) 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 and maintenance of restroom. Commented [MR5]: I discussed this with Sarah and others, I think portable restrooms here will look terrible. (t) Revocation – The City of Oconomowoc Common Council may suspend or revoke any permit Instead, we should think about signage to the restrooms by Fowler or in City Hall. granted under this section on the basis of any violation of this chapter. (u) Overall Number – The City of Oconomowoc shall not exceed a cumulative total of 15 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 is less than 15 operating vendors. (v) Existing Vendors – All existing food trucks / mobile food shops shall apply for permits within 90 days of passage of this ordinance. All vendors shall comply with the regulations listed within said ordinance. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 6  17.111 (10) Food Trucks / Mobile Food Shops DRAFT - Updated January 11, 2021 (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 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. (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 truck or mobile food shop from which the application intends to vend, including the dimensions of the truck, or device; 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 million dollars ($1,000,000), to protect against damage to property and/or persons resulting from the operation of the mobile food shop; T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 7  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 $500 dollars for temporary use and $1,000 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 $450.00. Payment is due by January 31st for said calendar year. (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 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 3 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 the information requested within subsection (d) of this ordinance. 3. Food Court – If a site is designed for three or more food trucks or if three or more food trucks currently exist, the Plan Commission shall review and approve a master plan for the food court use. The property owner shall submit the information requested within subsection (d) of this ordinance. Each individual food vendor within a food court shall be approved by the Plan Commission. In any event, no more than 4 food trucks will be allowed on any parcel within the City. 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. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 8 (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 – No temporary use permit will be granted by the City Planner / Zoning Administrator to allow a food truck / mobile food shop at 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. Permanent permit holders shall be inspected by the Fire District representatives at least yearly. (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; 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. (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 storm sewer. Vendors must keep the grounds around their food truck / mobile food shop free of litter, trash, paper and waste at all times. (m) Utilities – A permanent water or wastewater connection is prohibited. Commented [MR1]: What about electrical? If electrical is needed, there should have to be a permanent connection, (p) Lighting – All vendor lighting shall be approved by the City prior to installation. All exterior no extension cords running over ground. lighting shall be hooded or shielded so that the light source is not directly visible to any nearby Commented [MR2]: I don’t think we want them playing music at all. Downtown business do not play music outside. 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 not place tables and chairs that inhibit pedestrian and vehicle traffic. Any obstructions deemed unsafe by the City or placed without proper approval will be promptly removed. Tables and Chairs are not allowed within the public right-of-way. No more Commented [MR3]: Let’s limit this so it does not look like an ad hoc picnic area. than two tables with seating up to eight will be allowed. Seating shall be uniform and plastic or lawn-chair type furniture is not allowed. (t) Revocation – The City of Oconomowoc Common Council may suspend or revoke any permit Commented [MR4]: I discussed this with Sarah and others, I think portable restrooms here will look terrible. granted under this section on the basis of any violation of this chapter. Instead, we should think about signage to the restrooms by Fowler or in City Hall. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 9 (u) Overall Number – The City of Oconomowoc shall not exceed a cumulative total of 15 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 is less than 15 operating vendors. (v) Existing Vendors – All existing food trucks / mobile food shops shall apply for permits within 90 days of passage of this ordinance. All vendors shall comply with the regulations listed within said ordinance. T:\____Projects\Food Trucks\Draft_Ordiance_12_21_20_CleanCopy.docx 10