ACTION REQUESTED:
Title
Communication from the City Manager with a Request to ADOPT an ORDINANCE Amending Chapter 18 of the CODE of the City of Peoria Pertaining to Licensing of MOBILE FOOD VEHICLES. (Refer to Item No. 15-163)
Body
BACKGROUND:
On April 14, 2015, the City Council considered an ordinance that would permit mobile food vehicles, or "food trucks," to operate from the public right-of-way both within a defined "Downtown Business District" and outside of that area (Item 15-093). The City Council first voted to split the question between inside and outside of Downtown. The Council voted to approve the licensing ordinance for Downtown but deferred until May 12, 2015 consideration of rules permitting operation of food trucks outside of Downtown. On May 12, 2015, the Council approved staff's request for an additional two week deferral until May 26, 2015.
At the April 14, 2015 meeting, the City Council asked staff to consider two factors in creating rules for operating outside of downtown. First, Councilman Montelongo suggested that staff create maps showing the specific areas in each Council District in which food trucks would be allowed to legally operate. Second, Council discussed limiting the number of food trucks that could operate outside of downtown, either in general or by District (i.e. a limit of two licenses granted per District).
Staff considered both subjects. The attached ordinance amends the ordinance that was limited to Downtown operations (including the amendment approved on May 12, 2015 to strengthen the language regarding provision of a record of sales). A redline version showing additions to the base Downtown-only ordinance is also attached. The ordinance does not prescribe legal operating locations. In reviewing the City's street system, staff found very few viable right-of-way operating locations. In fact, in the 4th District for example, there appears to be no parking spot from which a licensed food truck could operate. This is because the restrictions created by the attached ordinance severely limit legal operating locations. These restrictions include:
1. The location must be a legal parking space.
2. The location may not be within a residentially zoned area (R-1 through R-8) nor bordering such a zone.
3. The location cannot be located adjacent to a bus stop, taxi stand, or handicap loading zone; or within 30 feet of an intersection; or directly in front of a property entryway.
4. The location must be at least 300 feet from any portion of a building or space (if multi-tenant) containing a licensed food establishment.
5. The location must be at least 500 feet from primary, middle or secondary school when in session or during activities.
6. Location must have an adjacent sidewalk.
These six criteria are further constraints on a community that already has very few on-street parking spots in commercially zoned areas. Attached is a map, prepared at the request of Councilman Riggenbach, that shows all of the residentially zone areas; food trucks would need to operate in the "white space" on the map. For example, while there are on-street parking spaces available in the Sheridan Triangle area, the 300 foot buffer from existing "brick-and-mortar" restaurants (i.e. Dudley's, Whitey's and the Sports Page) eliminate all the possible locations. There are likely some potential locations along West Main Street, Prospect Road, University Street, Adams Street and Jefferson Street (as well as others) but staff felt it was better to review locations suggested by applicants versus defining every possible spot. As part of the application process, applicants must submit a list of proposed locations, each of which will be reviewed and approved by staff (including Public Works, Police and Fire).
Regarding limiting the number of total licenses, staff consulted with Corporation Counsel who indicated, as he had at the Council meeting, that the City needs to provide a reasonable basis for limiting the number of licenses. In Downtown, that basis was congestion and the scarcity of public parking spots. Outside of downtown, the same basis does not exist. Just as the City does not limit the number of potential "brick-and-mortar" restaurants, it should refrain from limiting the number of potential food truck licenses. It is unlikely, given the small number of legally-conforming and viable right-of-way operating locations that a great number of licenses will be sought. As previously discussed, this ordinance only controls the right-of-way. No license is required for operation on private property. It is staff's opinion that outside of Downtown most food trucks will choose to operate on private property. Further, as this is a pilot program, Council can refine the policy and regulations should problems arise.
FINANCIAL IMPACT: The license for operating a food truck from the public right-of-way outside of Downtown in $300 per year. The ordinance includes the same language regarding sales taxes as the Downtown food truck and food cart licenses.
NEIGHBORHOOD CONCERNS: In the numerous opportunities for public comment regarding this issue, no concern has been expressed by stakeholders outside of Downtown. The restrictions on operating locations are intended to protect neighborhoods.
IMPACT IF APPROVED: Food trucks will be allowed to operate from approved locations within the public right-of-way outside of the Downtown Business District.
IMPACT IF DENIED: Food trucks will not be able to do so. Food trucks will be limited to operating from the previously approved Downtown right-of-way locations and private property.
ALTERNATIVES: Council could direct staff to alter/add/delete provisions of the ordinance.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Grow employers and jobs.
DEPARTMENT: City Manager's Office