F.

REQUEST FOR COUNCIL ACTION

AGENDA SECTION:
Hearings

MEETING DATE:
4/18/2016

ORIGINATING DEPT:
City Attorney

ITEM DESCRIPTION:
Proposed Amendments to Food Truck Ordinance

PREPARED BY:
Terry Adkins

At the April 4th Council meeting, the Council continued the public hearing concerning the proposed
amendments to the Food Truck Ordinance. Since April 4th, the Park Board met and provided its comments
concerning the operation of food trucks within and adjacent to parks. I have revised the proposed
amendments to the Food Truck Ordinance to incorporate the Park Board's comments. Additionally, Council
President Staver has provided me with a revised map showing the permissible zones for Food Truck vending.
There are a number of attachments to this RCA. The first attachment is a draft ordinance amendment showing
the deleted language as well as the additional language (labeled "MARKED UP VERSION 4/08/2016"). The
second attachment is a draft ordinance amendment showing how the ordinance would read without strikeouts
or underlining (labeled "CLEAN VERSION 4/08/2016"). The third attachment is the revised map showing
permissible vending zones. The fourth and fifth attachments describe the Park Board's comments.
COUNCIL ACTION REQUESTED:
Council should indicate what changes it wishes to see to the proposed Food Truck Ordinance using the
attached draft as a starting point.

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MARKED UP VERSION 4/08/2016

ORDINANCE NO. ____
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 143A OF THE ROCHESTER CODE OF
ORDINANCES, RELATING TO REGULATION OF FOOD
VENDING ON PUBLIC STREETS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 143A of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
Chapter 143A
Food Vending Vehicle on Public Streets
143A.01.
Definitions. As used in this ordinance, the following terms shall have
the meaning ascribed to them:
A.

"Food Vending Vehicle" means every motorized motor vehicle in which

foods of any kind are carried for the purposes of selling at retail sale on the
city streets.

B.

"Vend" or "Vending" means offering food for sale from a motor vehicle on
the city streets.

C.

Operator includes any person, firm or corporation who owns, leases,

contracts or in any other fashion permits a person to operate upon the city
streets any Food Vending Vehicle for the purpose of vending, or the person
driving or operating any such vehicle.

D.

Council means the City of Rochester Common Council.

E.

Applicant means a person who applies for a Food Vending Vehicle

License.

F.

Licensee means a person who possesses a Food Vending Vehicle

License.

143A.02.
License Required. Subdivision 1. No Operator shall vend from a
Food Vending Vehicle while on the public streets of the City unless a license to do so is
obtained from the City. The fee for an annual license shall be $150.00 established by
resolution adopted by the Council, and shall entitle the Operator to Vend from one such

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F.3.a

vehicle for the period of April 1 to March 31 of the following year. For each additional
individual vehicle utilized by an Operator, an additional license fee in the amount of $50.00
established by resolution adopted by the Council shall be paid. Applicants must include a
copy of their Retail Mobile Food Handler license issued by the Minnesota Department of
Agriculture with their applications.
Subd. 2. The city clerk shall issue an identification tag for each vehicle licensed
hereunder which shall be displayed by the operator on the left rear portion of the vehicle.
143A.03. Insurance Franchise Required. No person shall operate a Food Vending
Vehicle upon or over a public street, alley, or public right-of-way unless the person has
obtained a franchise from the City. Each ordinance granting a franchise shall contain all of
the terms and conditions of the franchise so granted. Additionally, every person
possessing a franchise must comply with all of the provisions of this chapter. The
franchise fee for a Food Vending Vehicle shall be established by resolution adopted by the
Council. The franchise will be valid for five years.
No license shall be issued hereunder to an operator unless a certificate is furnished to the
city showing that the operator is carrying the following minimum amounts of insurance:
public liability insurance in the amount of not less than $300,000 for personal injury or
death, resulting from any one occurrence and on account of any one accident; property
damage insurance in an amount of not less than twenty-five thousand dollars for damages
on account of any one accident or occurrence.
Subd. 2.
143A.04.
License Application and Approval. Subdivision 1. Application for a
Food Vending Vehicle License shall be made to the City Clerk. The City Clerk may
require such information on the application as it deems reasonable and necessary
including but not limited to the following:
A.

Name and address of the Applicant;

B.

Name and address of the approved commercial supply source and affiliated
licensed food establishment in the City. If the licensed food establishment is
not owned or operated by the applicant, the applicant shall provide written
proof of consent from the establishments owner to use the facility for food
preparation, storage, and cleaning;

C.

A description of the preparation methods and food product offered for sale,
including the intended menu, display, and distribution containers;

D.

The anticipated volume of food to be stored, prepared, and sold;

E.

Plans and specifications for the Food Vending Vehicle, including the
proposed layout, photographs, mechanical schematics, construction

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F.3.a

materials, finish schedules, equipment types, manufacturers, model

numbers, locations, dimensions, weight of vehicle per wheel, performance
capacities, power source, installation specifications, and information on any
custom fabricated equipment.
F.

Copies of all licenses or permits required by the State Health Department or

Olmsted County Public Health.

G.

A signed statement that the Applicant will defend, indemnify, and hold the
City harmless from any and all claims for damage to property or injury to
persons which might result or arise out of the Applicants operation of a Food
Vending Vehicle as permitted by this chapter.

H.

A certificate of insurance showing the Applicant has obtained liability, food

products liability, and property damage insurance that will protect the
applicant, property owners, and the City from all claims for damage to
property or bodily injury, including death, which may arise from the
applicants operation of a Food Vending Vehicle. This insurance shall
provide coverage of not less than $1 million per occurrence. The policy shall
further provide that it may not be cancelled except upon 30 days written
notice filed with the City Clerk. No license issued under this chapter shall be
valid at any time the insurance required by this clause is not maintained and
evidence of its continuance is on file with the City Clerk. A certificate of
insurance shall contain an acknowledgement signed by the insurer that prior
to modification, cancellation or termination of the subject policy, written
notice shall be sent to the City Clerk by said insurance company.

I.

An inspection report required by section 143A.06.

Subd. 2. Upon receipt of all required information and the payment of all required
license and franchise fees, the City Clerk shall forward the application to the Council for
approval.
Subd. 3. The Food Vending Vehicle license may not be transferred to another
person without Council approval. Each license is valid for only one Food Vending Vehicle.
143A.05. Use of Special Lights. The operator of a food vending vehicle while
stopped on a street for the purpose of vending shall actuate the special flashing lights
required by section 143A.04. The lights shall not be used when the vehicle is in motion
nor at any time the vehicle is stopped for a purpose other than vending. Equipment
Required for a Food Vending Vehicle. In addition to other equipment required by law,
every such vehicle shall be equipped with:
A.

Signal lamps mounted at the same level and as high and as widely spaced
laterally as practicable. These lamps shall be of a size approved by the
Rochester Police Department. These lamps shall display two alternately

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flashing yellow lights on the front and two alternately flashing yellow lights on
the rear of the vehicle. Both lights must be visible at five hundred feet in
normal sunlight upon a straight level street;
B.

A convex mirror mounted on the front so the operator in his normal

seating position can see the area in front of the vehicle obscured by
the hood; and,

C.

An audible alarm which is activated when the vehicle is in motion

backwards.

143A.06. Inspection. Subdivision 1. Prior to the initial use and operation of a Food
Vending Vehicle, said vehicle shall be thoroughly examined and inspected by a certified
mechanic and found to comply with all standards of safety prescribed by the laws of the
state or the City. An inspection report showing that a vehicle has met the standards of
safety prescribed by law must be presented to the City Clerk at the time of license
application.
Subd. 2. Every vehicle licensed pursuant to this chapter shall be inspected from
time to time and at least annually by a certified mechanic to insure the continued
maintenance of safe operating conditions. The operation of any vehicle which fails to
meet the standards of safety established by laws shall be discontinued until such time as
the deficiency is eliminated.
Subd. 3. In addition, said vehicle shall be inspected by the County Health officer if
the vendor intends to sell other than pre-packaged food products.
143A.07. Training of Operators Zones of Operation. An applicant for a license
shall provide a description with his application for license of any operator training program,
including documentary material used in said program A Food Vending Vehicle Licensee
may Vend in any zone identified in the attached Exhibit A as City suggested zones.
143A.08.
Restrictions on Vending Activity.
Subdivision 1. The following
restrictions apply to Food Vending Vehicles and Operators throughout the City:
A.

An Operator shall Vend only when the Food Vending Vehicle is lawfully
stopped.

B.

An Operator shall Vend only from the side of the vehicle away from moving
traffic and as near as possible to the curb or side of the street.

C.

An Operator shall not Vend to any person standing in the roadway.

D.

An Operator shall not stop on the left side of a one-way street to Vend.

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F.3.a

E.

The operator of any food vending vehicle which traverses the streets of the
city for the purpose of vending shall submit to the city engineer of the city
prior to April 1 of each year hereafter a detailed listing of the streets on which
vending is planned to occur. The City engineer shall approve or disapprove
of the use of any such street or streets for that purpose within thirty days
thereafter. In making said determination, the city engineer shall take into
consideration factors such as the classification of the street, the amount and
character of the traffic carried thereon, and any special hazards to the public
which may be created by permitting vending activity thereon. A street not
approved by the city engineer shall not be utilized by said operator for
vending An Operator shall not Vend within 150 feet of an established
restaurant entrance with street access.

F.

An operator shall not vend on a street within or immediately adjacent to any

park or public facility maintained by the department of park and recreation,
nor in the central business district of the city Each Food Vending Vehicle
must provide its own water and electricity.

G.

No vending activity shall occur between the hours of 8:00 p.m. and 8:00 a.m.
the day following No power cable, cord, equipment, or any utility hose, may
extend from the Food Vending Vehicle.

H.

An operator shall not vend in a single location for a period to exceed 15

minutes. For purposes of this subsection, a single location shall be deemed
to be a place 500 feet or more from the last sale Licensee must comply with
all posted parking requirements, restrictions, meters, and fees in parking a
Food Vending Vehicle.

I.

The Operator of a Food Vending Vehicle shall not back the vehicle to Vend
or attempt to Vend.

Subd. 2. In addition to the restrictions found in subdivision 1, the following

restrictions apply to Food Vending Vehicles and Operators in all City parks:
A.

An Operator shall Vend in or adjacent to a park only during the posted park
operating hours.

B.

An Operator shall not Vend within 50 feet of a right-of-way adjoining a park.

C.

An Operator shall not Vend within 150 feet of a person to whom a park
concession permit has been issued by the Board of Park Commissioners.

D.

An Operator shall not Vend within 150 feet of the Soldiers Field Veterans
Memorial.

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F.3.a

E.

An Operator shall not Vend within 500 feet of any event being held in a park
and for which a permit has been issued by the Board of Park
Commissioners or the Citys Park and Recreation Department.

Subd. 3. An Operator who is Vending in a City park must satisfy any permit
requirements and pay any permit fees adopted by the Board of Park Commissioners in
addition to the license and fees established by this chapter.
143A.09.
Sound Amplification Devices. No operator while vending shall use a
sound amplification device, bell or horn which is audible for a distance of more than 500
feet from the vehicle. No such device shall be used within 500 feet of any church or place
of worship, hospital, or courthouse. 143A.10.
Backing of Food Vending Vehicle
Restricted. The operator of a food vending vehicle shall not back the vehicle to make or
attempt to make a sale. Penalty. Any person, firm or corporation violating any provision of
this ordinance shall be guilty of a misdemeanor and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
143A.10.
License Suspension, Revocation and Denial. Subdivision 1. Any
license issued by the City pursuant to the provisions of this chapter may be suspended,
revoked or placed on probation or, in connection with the application or renewal of a
license, denied upon a finding that the Licensee:
A.

Failed to comply with any applicable state law, city ordinance, or

state or county health regulation relating to a Food Vending
Vehicle;

B.

Failed to possess any license, permit, or approval from any state or

county authority needed in order to legally operate the Food
Vending Vehicle within the State of Minnesota or Olmsted County.

C.

Violated any provision of this chapter;

D.

Failed to comply with any condition set forth in the license, set forth
in a council action regarding the license, or set forth as part of the
placement of the license on probation;

E.

Allowed the Food Vending Vehicle business to be operated or

maintained in a way that unreasonably annoyed, endangered or
injured the safety, health, morals, comfort or repose of any
considerable number of members of the public; or

F.

Provided false or misleading information on the application.

Subd. 2.
Whenever it appears to the Council that adequate grounds may
exist for the suspension, revocation or imposition or probation of a permit, the Council

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F.3.a

shall by resolution specify the nature of the alleged grounds and order that a hearing on
the matter be held as provided below.
Subd. 3.
No such suspension, revocation or probation shall be effective until
the Licensee has been afforded an opportunity for a hearing after reasonable notice.
The notice shall state the time, place and issues to be addressed. All parties will be
afforded an opportunity at the hearing to present evidence and argument concerning the
issues.
Subd. 4.
Upon a finding that the Licensee has violated any such statute or
ordinance, the council may:
A.

Suspend the license for up to 60 days;

B.

Revoke the license; or

C.

Place the license on probation for a stated time period. The

Council may impose conditions upon the license during the time of
probation.

Section 2.

This ordinance is effective as of the date of its publication.

PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF

ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/143A

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F.3.b

CLEAN VERSION 4/08/2016

ORDINANCE NO. ____
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 143A OF THE ROCHESTER CODE OF
ORDINANCES, RELATING TO REGULATION OF FOOD
VENDING ON PUBLIC STREETS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 143A of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
Chapter 143A
Food Vending Vehicle on Public Streets
143A.01.
Definitions. As used in this ordinance, the following terms shall have
the meaning ascribed to them:
A.

"Food Vending Vehicle" means every motorized motor vehicle in which

foods of any kind are carried for the purposes of selling at retail sale on the
city streets.

B.

"Vend" or "Vending" means offering food for sale from a motor vehicle on
the city streets.

C.

Operator includes any person, firm or corporation who owns, leases,

contracts or in any other fashion permits a person to operate upon the city
streets any Food Vending Vehicle for the purpose of vending, or the person
driving or operating any such vehicle.

D.

Council means the City of Rochester Common Council.

E.

Applicant means a person who applies for a Food Vending Vehicle

License.

F.

Licensee means a person who possesses a Food Vending Vehicle

License.

143A.02.
License Required. Subdivision 1. No Operator shall vend from a
Food Vending Vehicle while on the public streets of the City unless a license to do so is
obtained from the City. The fee for an annual license shall be established by resolution
adopted by the Council, and shall entitle the Operator to Vend from one such vehicle for

Packet Pg. 276

F.3.b

the period of April 1 to March 31 of the following year. For each additional individual
vehicle utilized by an Operator, an additional license fee in the amount established by
resolution adopted by the Council shall be paid.
Subd. 2. The city clerk shall issue an identification tag for each vehicle licensed
hereunder which shall be displayed by the operator on the left rear portion of the vehicle.
143A.03.
Franchise Required. No person shall operate a Food Vending
Vehicle upon or over a public street, alley, or public right-of-way unless the person has
obtained a franchise from the City. Each ordinance granting a franchise shall contain all of
the terms and conditions of the franchise so granted. Additionally, every person
possessing a franchise must comply with all of the provisions of this chapter. The
franchise fee for a Food Vending Vehicle shall be established by resolution adopted by the
Council. The franchise will be valid for five years.
143A.04.
License Application and Approval. Subdivision 1. Application for a
Food Vending Vehicle License shall be made to the City Clerk. The City Clerk may
require such information on the application as it deems reasonable and necessary
including but not limited to the following:
A.

Name and address of the Applicant;

B.

Name and address of the approved commercial supply source and affiliated
licensed food establishment in the City. If the licensed food establishment is
not owned or operated by the applicant, the applicant shall provide written
proof of consent from the establishments owner to use the facility for food
preparation, storage, and cleaning;

C.

A description of the preparation methods and food product offered for sale,
including the intended menu, display, and distribution containers;

D.

The anticipated volume of food to be stored, prepared, and sold;

E.

Plans and specifications for the Food Vending Vehicle, including the
proposed layout, photographs, mechanical schematics, construction
materials, finish schedules, equipment types, manufacturers, model
numbers, locations, dimensions, weight of vehicle per wheel, performance
capacities, power source, installation specifications, and information on any
custom fabricated equipment.

F.

Copies of all licenses or permits required by the State Health Department or

Olmsted County Public Health.

G.

A signed statement that the Applicant will defend, indemnify, and hold the
City harmless from any and all claims for damage to property or injury to

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F.3.b

persons which might result or arise out of the Applicants operation of a Food
Vending Vehicle as permitted by this chapter.
H.

A certificate of insurance showing the Applicant has obtained liability, food

products liability, and property damage insurance that will protect the
applicant, property owners, and the City from all claims for damage to
property or bodily injury, including death, which may arise from the
applicants operation of a Food Vending Vehicle. This insurance shall
provide coverage of not less than $1 million per occurrence. The policy shall
further provide that it may not be cancelled except upon 30 days written
notice filed with the City Clerk. No license issued under this chapter shall be
valid at any time the insurance required by this clause is not maintained and
evidence of its continuance is on file with the City Clerk. A certificate of
insurance shall contain an acknowledgement signed by the insurer that prior
to modification, cancellation or termination of the subject policy, written
notice shall be sent to the City Clerk by said insurance company.

I.

An inspection report required by section 143A.06.

Subd. 2. Upon receipt of all required information and the payment of all required
license and franchise fees, the City Clerk shall forward the application to the Council for
approval.
Subd. 3. The Food Vending Vehicle license may not be transferred to another
person without Council approval. Each license is valid for only one Food Vending Vehicle.
143A.05.
Equipment Required for a Food Vending Vehicle. In addition to other
equipment required by law, every such vehicle shall be equipped with:
A.

Signal lamps mounted at the same level and as high and as widely spaced
laterally as practicable. These lamps shall be of a size approved by the
Rochester Police Department;

B.

A convex mirror mounted on the front so the operator in his normal

seating position can see the area in front of the vehicle obscured by
the hood; and,

C.

An audible alarm which is activated when the vehicle is in motion

backwards.

143A.06.
Inspection. Subdivision 1. Prior to the initial use and operation of a
Food Vending Vehicle, said vehicle shall be thoroughly examined and inspected by a
certified mechanic and found to comply with all standards of safety prescribed by the laws
of the state or the City. An inspection report showing that a vehicle has met the
standards of safety prescribed by law must be presented to the City Clerk at the time of
license application.

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F.3.b

Subd. 2. Every vehicle licensed pursuant to this chapter shall be inspected from
time to time and at least annually by a certified mechanic to insure the continued
maintenance of safe operating conditions. The operation of any vehicle which fails to
meet the standards of safety established by laws shall be discontinued until such time as
the deficiency is eliminated.
143A.07.
Zones of Operation. A Food Vending Vehicle Licensee may Vend in
any zone identified in the attached Exhibit A as Food Truck Operation
Zones and Food Truck Operation Zones (limited hours.)
143A.08.
Restrictions on Vending Activity. Subdivision 1. The following
restrictions apply to Food Vending Vehicles and Operators throughout the City:
A.

An Operator shall Vend only when the Food Vending Vehicle is lawfully
stopped.

B.

An Operator shall Vend only from the side of the vehicle away from moving
traffic and as near as possible to the curb or side of the street.

C.

An Operator shall not Vend to any person standing in the roadway.

D.

An Operator shall not stop on the left side of a one-way street to Vend.

E.

An Operator shall not Vend within 150 feet of an established restaurant

entrance with street access.

F.

Each Food Vending Vehicle must provide its own water and electricity.

G.

No power cable, cord, equipment, or any utility hose, may extend from the
Food Vending Vehicle.

H.

Licensee must comply with all posted parking requirements, restrictions,

meters, and fees in parking a Food Vending Vehicle.

I.

The Operator of a Food Vending Vehicle shall not back the vehicle to Vend
or attempt to Vend.

J.

All waste liquids, garbage, litter and refuse shall be kept in leak proof,
nonabsorbent containers which shall be kept covered with tight-fitting and
properly disposed of. No waste liquids, garbage, litter or refuse shall be
dumped or drained into sidewalks, streets, gutters, drains, trash receptacles,
or any other place other than the Food Vending Vehicle. The garbage
receptacle shall be easily accessible for customer use. The Licensee shall
be responsible for all litter and garbage left by customers.

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F.3.b

Subd. 2. In addition to the restrictions found in subdivision 1, the following

restrictions apply to Food Vending Vehicles and Operators in all City parks:
A.

An Operator shall Vend in or adjacent to a park only during the posted park
operating hours.

B.

An Operator shall not Vend within 50 feet of a right-of-way adjoining a park.

C.

An Operator shall not Vend within 150 feet of a person to whom a park
concession permit has been issued by the Board of Park Commissioners.

D.

An Operator shall not Vend within 150 feet of the Soldiers Field Veterans
Memorial.

E.

An Operator shall not Vend within 500 feet of any event being held in a park
and for which a permit has been issued by the Board of Park
Commissioners or the Citys Park and Recreation Department.

Subd. 3. An Operator who is Vending in a City park must satisfy any permit
requirements and pay any permit fees adopted by the Board of Park Commissioners in
addition to the license and fees established by this chapter.
143A.09.
Penalty. Any person, firm or corporation violating any provision of
this ordinance shall be guilty of a misdemeanor and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
143A.10.
License Suspension, Revocation and Denial. Subdivision 1. Any
license issued by the City pursuant to the provisions of this chapter may be suspended,
revoked or placed on probation or, in connection with the application or renewal of a
license, denied upon a finding that the Licensee:
A.

Failed to comply with any applicable state law, city ordinance, or

state or county health regulation relating to a Food Vending
Vehicle;

B.

Failed to possess any license, permit, or approval from any state or

county authority needed in order to legally operate the Food
Vending Vehicle within the State of Minnesota or Olmsted County.

C.

Violated any provision of this chapter;

D.

Failed to comply with any condition set forth in the license, set forth
in a council action regarding the license, or set forth as part of the
placement of the license on probation;

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F.3.b

E.

Allowed the Food Vending Vehicle business to be operated or

maintained in a way that unreasonably annoyed, endangered or
injured the safety, health, morals, comfort or repose of any
considerable number of members of the public; or

F.

Provided false or misleading information on the application.

Subd. 2.
Whenever it appears to the Council that adequate grounds may
exist for the suspension, revocation or imposition or probation of a permit, the Council
shall by resolution specify the nature of the alleged grounds and order that a hearing on
the matter be held as provided below.
Subd. 3.
No such suspension, revocation or probation shall be effective until
the Licensee has been afforded an opportunity for a hearing after reasonable notice.
The notice shall state the time, place and issues to be addressed. All parties will be
afforded an opportunity at the hearing to present evidence and argument concerning the
issues.
Subd. 4.
Upon a finding that the Licensee has violated any such statute or
ordinance, the council may:
A.

Suspend the license for up to 60 days;

B.

Revoke the license; or

C.

Place the license on probation for a stated time period. The

Council may impose conditions upon the license during the time of
probation.

Section 2.

This ordinance is effective as of the date of its publication.

PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF

ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2016.

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F.3.b

___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/143A

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Proposed Special Services District

3 ST NW

1 AVE NE

1 ST NE

1 ST SE

6 AVE SE

2 ST SE

CENTER ST E

CIVIC CENTER DR SE

1 ST SE

2 AVE SE

3 ST SE

1 AVE SE

1 AVE SW

3 ST SW

2 AVE SW

2 ST NE

BROADWAY AVE S

2 AVE SW

2 ST NW

3 AVE SW

4 AVE SW

DR N
W

BROADWAY AVE N

2 AVE NW

C EN
T ER

BROADWAY AVE S

4 AVE NW

3 AVE NW

CIVI
C

WEST SILVER LAKE DR NE

150' Buffers From Restaurant Addresses Listed on RDA Website

4 AVE SE

5 ST SE

6 1/2 ST SE

7 ST SE

3 AVE SE

5 AVE SE

Legend
SE

Food Truck Operation Zones - Limited Hours

8 ST SE

1A
VE

Food Truck Operation Zones

6 AVE SE

Special Services District

Parcels

!
(

Restaurant Addresses
Restaurant Addresses 150' Buffer

Prepared by the Rochester-Olmsted Planning Department

Analysis, Planning, & Policy Division
April 8, 2016

Rivers
0

250

500

1,000

1,500

Packet Pg.
283
Feet

F.3.d

Svenby, Brent
From:
Sent:
To:
Cc:

Subject:
Attachments:

Widman, Paul
Wednesday, April 06, 2016 4:15 PM
City Council
Nigbur, Mike; Kvenvold, Steve; Adkins, Terry; Goslee, Dave; ARCHER, LIN NEA; 'Dr. Paul
Scanlon; 'John Sipple; 'Larry M ortensen; quinnlaw @rconnect.com; Richard Dale; 'Vern
Yetzer'
Park Board Feedback, Food Truck Ordinance
Snapshot-37348.pdf

Mayor and Council:

The Park Board discussed the proposed revisions to the food truck ordinance during the April 5, 2016 board meeting.
In addition to the feedback expressed in the attached agenda document, the board added a recommendation that the
ordinance be evaluated at the end of the first season. "Season" was described as the time from when the ordinance is
approved to when food truck demand diminishes due to weather. The board requested the opportunity to weigh in at
that point to address any adjustments that may need to be made.
Please contact me if you have any questions.
Paul

Paul Widman, CPRE

Director of Parks and Recreation
507 328-2527 (office)
507 421-4818 (mobile)
pwidman@rochestermn.gov
201 4th Street SE
Room 150
Rochester MN 55904
Fi rst-Cl a ss Cit y, Fi rst-Cl a ss Se r vice

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REQUEST FOR PARK BOARD ACTION

AGENDA SECTION:
ACTION ITEMS:

MEETING DATE: 4/5/2016

ORIGINATING DEPT:
Parks and Recreation

ITEM DESCRIPTION:
Proposed Food Truck Ordinance

PREPARED BY:
Paul Widman

Revisions to the food truck ordinance (attached) were discussed during a public hearing at the April 4th City Council
meeting. Council has requested feedback from staff and the Park Board relative to food trucks operating on Park
property, right of ways or areas adjacent to parks.
Staff prepared the following in response to this request:
Revenues generated from permit fees should recover Park and Recreation Department costs associated with the
impact of food trucks operating in or near City of Rochester Parks. Policies should address the following in order to
minimize impact to trees, turf grass and natural areas:
Extra trash generated. There is a direct cost for disposal to the operations but also an impact on labor to
manage the additional trash. This will require more staffing regardless if the vendors are required to
provide some waste management. NOTE: this impacts both Parks and Public Works operations.
Impacts from vendors or customers dumping waste on the ground, streets or near the park.
The park areas may be adversely impacted by noise, lights, fumes, etc. from the operations of the vending
vehicle.
Impacts on the blvd/sidewalk area - the grass blvd (and hopefully not the trees) will surely be irreparably
damaged and the narrow sidewalk will be hindered for other patrons. This will be especially true if the
vending area becomes popular.
Food trucks should not operate in and adjacent to parks beyond the posted park operating hours.
In right of way areas, separation from the intersection of 50 feet minimum should be required to prevent a
wall that would prevent visibility into the park.
Vending should not be allowed adjacent to the Soldiers Field veterans memorial.
The same distance restrictions that apply to food vendors operating near brick and mortar restaurants
should apply to all concessionaires in Parks.
Food trucks should not be able to pirate customers from authorized event activities whether in the adjacent
to parks or right of way areas. Meaning if an event at Central park were to occur no food truck vending
would be allowed within 500 feet of the event. This would go along with any of the events or permitted
activity in our parks in the system.
PARK BOARD ACTION REQUESTED:
Approve or amend the list of concerns and direct staff to forward to City Council.

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Rochester Police Department

Administration

MEMORANDUM

DATE: April 13, 2016

TO: City Council
FROM: Chief Roger Peterson
SUBJECT: Proposed Amendments to Food Truck Ordinance
This memo is a follow-up to the comments made by Sgt. Jon Turk and Officer Greg
Jeardeau at the Council meeting on April 4, 2016 regarding the proposed food truck
ordinance Chapter 143A. Council member Sandra Means asked for additional information
from the police department on the potential impacts food trucks would have on police
operations primarily on Friday and Saturday nights in the downtown core.
Background
To manage the activity in the downtown core on Friday and Saturday nights the
police department supplements the patrol division between 9 pm and 3 am by hiring back
four officers on overtime. The primary area or zone of patrol for the officers is highlighted
on the attached map. Over the last two years the department has found that it can
reasonably manage incidents within this area with four officers with assistance from the
regular patrol officers. In 2015, the police department had 892 hours of overtime and 245
hours CAT time patrolling downtown on Friday and Saturday evenings. Based on feedback
from patrol supervisors the downtown patrol hours started earlier in 2016. For 2016 there
have been 207 overtime hours and 159 CAT unit hours.
Impact
The primary concerns of the police department would be the location and the hours of
operation for the food trucks. If they are allowed to park outside of the current patrol
zone it is expected that the officers would be pulled away from the core bar/entertainment
district to check on the food trucks and respond to incidents. Expanding beyond this area
it would stretch the police resources lengthening response times and delay back up
officers. The hours the trucks would be allowed to operate would have impact on the
overtime spent downtown. If the hours were allowed to extend past the normal closing
hours of 2 am it is anticipated officers will need to work beyond the current 3 am end of
shift. Extending the shift end time to 4 am would result in 168 extra hours of overtime not
including extra hours needed for report writing or handling calls.

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Recommendations
143A.05 Equipment required for a Food Vending Vehicle A could be removed.
Since the trucks are expected to meet all state and federal laws for commercial
vehicle operating on a roadway they should be equipped with the required lighting
and safety equipment.
143A.07 Zones of Operation: The food trucks intending to serve people in the
bar/entertainment district should be within the proposed zone on the attached
map. This zone represents the primary area of police patrol during bars hours and
after closing at 2am.
Review 143A.08 E proposed language Operator shall not Vend within 150 of an
established restaurant entrance with street access. There should be clarification
as to an open or closed restaurant.
Hours of operation For a trial period we would recommend the food truck stop
operations at 1 am. This would allow for the trucks to shut down and allow people
to finish eating prior to bar closing. Between 2 am and 3 am officers work very
hard to encourage people not to loiter and facilitate them getting home quickly and
safely. Over time we had found that the longer people loiter after bar closing the
greater the chances for incidents to develop.
Conclusion
The department is supportive of the changes that will take place in the downtown
core to enhance the experiences of residents and visitors. We are submitting these
recommendations for consideration to ensure a safe and enjoyable experience for those
visiting and working in downtown Rochester.

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Police preferred late night food truck zone

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