HomeMy WebLinkAboutItem 12 Proposed Amendments to the Spirngfield Municipal Code to Create a Downtown Food Cart Program AGENDA ITEM SUMMARY Meeting Date: 7/22/2013
Meeting Type: Work Session/Reg. Mtg
Staff Contact/Dept.: Kevin Ko, DPW
Staff Phone No: (541) 726-2302
Estimated Time: 15 Minutes/05 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Encourage Economic
Development and
Revitalization through
Community Partnerships
ITEM TITLE: PROPOSED AMENDMENTS TO THE SPRINGFIELD MUNICIPAL CODE
TO CREATE A DOWNTOWN FOOD CART PROGRAM, MODIFYING
THE TRANSIENT MERCHANT PROGRAM TO INCLUDE FOOD CARTS
AND EXPAND COVERAGE IN CERTAIN COMMERCIAL AND
INDUSTRIAL ZONES
ACTION
REQUESTED:
Work Session:
1. Discussion of the proposed amendments to the municipal code that will
create a Downtown Food Cart Program and expand the Transient Merchant
Program to allow food carts on additional commercial and industrial
properties and open spaces. Discussion of an appropriate fee structure for
food carts under the Transient Merchant Program.
Regular Session Adopt or reject:
1. AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL
CODE “TRANSIENT MERCHANTS” TO PROVIDE FOR FOOD
CARTS, AMENDING SECTION 7.470 “DEFINITION” AND SECTION
7.474 “STANDARD OF OPERATION” ADOPTING A SEVERABILITY
CLAUSE, AND DECLARING AN EMERGENCY.
2. AN ORDINANCE AMENDING SECTION 7.804 “VENDING ON CITY
STREETS” AND THE ADDITION OF A NEW SECTION, SECTION
7.810 “DOWNTOWN FOOD CART PROGRAM”, ADOPTING A
SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY.
ISSUE
STATEMENT:
On April 16, 2012 the City Council approved a CDBG award of $23,033 to
NEDCO to develop and manage a Food Cart Program and to provide micro-
business incubation services. NEDCO is prepared to initiate implementation of a
food cart program on City-owned streets, sidewalks, rights-of-way and open spaces
throughout the downtown core upon adoption of municipal code amendments
authorizing the program. At the same time Council has asked for an exploration of a
broadened program for permitting food carts on commercial and industrial property
in the City.
ATTACHMENTS: 1. Council Briefing Memo
2. Draft Ordinance Amending “Transient Merchants”
3. Draft Ordinance Amending “Vending on City Streets”
DISCUSSION/
FINANCIAL
IMPACT:
The City of Springfield has been asked to consider allowing mobile food carts in
the downtown area by a variety of interested parties seeking to increase pedestrian
traffic in the downtown area and enhance the atmosphere of downtown. Staff has
prepared code amendments authorizing 1) a program consistent with Council’s
authorization of funding and direction in April 2012 and, 2) the addition of food
carts to the list of permitted transient merchants in other limited areas of the city on
a trial basis to assess the impacts on other commercial and employment areas.
Please see discussion in Council Briefing Memo (Attachment 1).
M E M O R A N D U M City of Springfield
Date: 7/22/2013
COUNCIL
BRIEFING
MEMORANDUM
To: Gino Grimaldi
From: Len Goodwin, DPW Director
Kevin Ko, Community Development Analyst
Subject: PROPOSED AMENDMENTS TO THE
SPRINGFIELD MUNICIPAL CODE TO
CREATE A DOWNTOWN FOOD CART
PROGRAM, MODIFYING THE TRANSIENT
MERCHANT PROGRAM TO INCLUDE
FOOD CARTS, AND EXPANDING
COVERAGE IN CERTAIN COMMERCIAL
AND INDUSTRIAL ZONES.
ISSUE: Shall the City of Springfield create a downtown food cart program and allow food carts
in other areas of the city? On April 16, 2012 the City Council approved a CDBG award of $23,033 to
NEDCO to develop and manage a Food Cart Program and to provide micro-business incubation
services. NEDCO is prepared to initiate implementation of a food cart program on City-owned streets,
sidewalks, rights-of-way and open spaces throughout the downtown core upon adoption of municipal
code amendments authorizing the program. At the same time Council has asked for an exploration of a
broadened program for permitting food carts on commercial and industrial property in the City.
COUNCIL GOALS/MANDATE:
Encourage Economic Development and Revitalization through Community Partnerships
BACKGROUND: As Springfield grows and the commercial environment throughout the city becomes
more vibrant, there is a need to look at current practices to determine if they continue to interface well
with the community vision for Springfield. Recently, there has been growing interest in attracting
temporary, mobile food vendors to different areas of the city including the downtown core (defined as
the area between South A Street and B Street, and Mill Street and 10th Street). Commonly called food
carts, these vendors currently are addressed in two sections of the municipal code. A food cart vending
on CC-Community Commercial or MRC-Major Retail Commercial properties is considered a “transient
merchant” under Sections 7.470 to 7.476 of the code. A food cart vending on city-owned streets and
sidewalks is considered a “vendor on city streets” in Sections 7.800 to 7.808. A food cart is generally
not allowed to vend in the city except under these sections of the municipal code. The current code
does not distinguish between downtown Springfield and other areas, and since most of downtown is
zoned Mixed-Use Commercial-MUC, transient merchants, including food carts are prohibited in most
commercial areas of downtown.
While transient merchants are restricted in downtown and regulated elsewhere in the city, a vendor on
city streets is generally unregulated under the current code on city streets. A permit must be obtained
from the City Manager, but no fee and very few restrictions are associated with the permit.
Table 1 below illustrates how mobile vendors are considered under the current Municipal Code.
Attachment 1, Page 1 of 3
7/17/2013 Page 2
Table 1 - Current Municipal Code
Location Downtown Outside of Downtown
Food Cart Vendor Other Vendor Food Cart Vendor Other Vendor
Streets, Sidewalks Vendor-on-Street Vendor-on-Street Vendor-on-Street Vendor-on-Street
City-Owned Space Not permitted Not permitted Not permitted Not permitted
Other Public Space Not permitted Not permitted Not permitted Not permitted
Commercial Not permitted Not permitted Transient Merchant Transient Merchant
Industrial -- -- Not permitted Not permitted
As Table 1 shows, there are many types of properties on which mobile vendors are not allowed. Mayor
and Council have expressed an interest to expand the municipal code to allow for a more vibrant food
cart industry in Springfield. Staff recognizes that an important consideration to growing and sustaining
a food cart program is how to provide a degree of structure and management so that accommodations
made to encourage food cart activity do not adverse affect established “bricks and mortar” merchants
and businesses. After detailed review and analysis of the current municipal code, staff is suggesting
amendments to the Transient Merchants section and to the Vending on City Streets section of the
municipal code.
The amendment to the Transient Merchants section will expand the types of properties on which
transient merchants will be allowed by adding MUC-Mixed Use Commercial and PLO-Public Land and
Open Space. Staff reviewed the proposed addition of PLO zoned properties with representatives from
SUB, the Springfield School District and Willamalane. All agencies supported the change. The
amendment will also differentiate between transient merchants and transient merchants operating food
carts (these units are defined as mobile units in state statutes. The suggested Municipal Code
amendments track that definition.). In addition to the zones allowed for transient merchants, mobile
units will be permitted in MUE-Mixed Use Employment, HI-Heavy Industrial, LMI-Light/Medium
Industrial and CI-Campus Industrial. This allows food cart and food truck vendors at businesses and on
properties that may desire such a service for the benefit of their customers and employees. It should be
noted that written permission from the property owner will continue to be required before a transient
merchant or transient merchant/mobile unit permit will be issued.
The amendment to the Vendor on City Streets section will create a Downtown Food Cart Program
applicable to city-owned properties. The goals of the Downtown Food Cart Program are:
• To stimulate economic development and encourage pedestrian traffic
• To be implemented and administered for the mutual benefit of food cart vendors and
Downtown businesses
The amendment to create a Food Cart Program also includes requirements and regulations for health,
safety, fees, and general program management. It also provides for the regulation of vendor location,
times of operation, vendor grouping and separation from competing businesses. The purpose of this
section is to provide a framework for oversight by the city manager or designee that is consistent with
the goals of the Food Cart Program. It is not an exhaustive list, and it is not meant to suggest that all
facets will be implemented and regulated.
Table 2 illustrates how mobile vendors will be considered under the proposed code amendments. The
terms in italics indicates where the differences occur between the current municipal code and the
amended code.
Table 2 – Proposed Amendments to Municipal Code
Attachment 1, Page 2 of 3
7/17/2013 Page 3
Location Downtown Outside of Downtown
Food Cart Vendor Other Vendor Food Cart Vendor Other Vendor
Streets, Sidewalks Food Cart Program Vendor-on-Street Vendor-on-Street Vendor-on-Street
City-Owned Space Food Cart Program Transient Merchant Transient Merchant Transient Merchant
Other Public Space
(PLO)
Transient Merchant
Mobile Unit Transient Merchant
Transient Merchant
Mobile Unit Transient Merchant
Commercial (CC,
MRC, MUC)
Transient Merchant
Mobile Unit Transient Merchant
Transient Merchant
Mobile Unit Transient Merchant
Industrial (MUE, HI,
LMI, CI) -- --
Transient Merchant
Mobile Unit Not permitted
The net effect of the two code amendments is that mobile food vendors will be allowed on most
commercial and industrial properties and public open spaces in Springfield, and transient merchant
vendors will be allowed on most commercial properties and public open spaces.
The last item for discussion with regard to new and expanded programs is the establishment of fees.
Currently a vendor on the street does not pay fees, a transient merchant pays $16.80 per day for review
and approval of a permit on private properties and fees for food carts on the various properties have not
been established for the different settings:
• Vendor on Street: Currently no fee, Council can add a fee to be consistent with other programs
or take a no change approach.
• Downtown Food Cart Program: Council may consider setting fees consistent with NEDCO’s
current structure or schedule a discussion with NEDCO to review fees and program specifics.
Fee structures for the downtown could be amended on a monthly, annual or other basis and
established by resolution. For reference, NEDCO currently charges a $5.00 flat fee plus a
percentage of revenues for members of the food cart pods participating in Friday Market at
Sprout!
• Transient Merchant Mobile Unit: Existing transient merchant fees are $16.80 per day. Council
may choose to retain this fee for consistency with the current process and permitted vendors or
establish a new fee for food cart mobile units.
For expediency and emergency implementation, staff suggests that Council consider :
a) Take no action on street vending fees until impacts of food cart programs are reviewed;
b) Maintain current transient merchant fees for mobile units for consistency with other vendors
outside the downtown area.
c) Set the annual fee for transient merchant food carts at $35, the same fee now applied to
requests for liquor licenses.
Staff will discuss fees further with Council and adopt or implement as directed.
RECOMMENDED ACTION: Staff recommends that the City Council adopt the two draft ordinances
as part of implementing of a new food cart program in downtown and expanding transient merchant
regulations to include food carts in other commercial and employment areas, and provide direction to
staff on any changes to existing fees.
Attachment 1, Page 3 of 3
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE
“TRANSIENT MERCHANTS” TO PROVIDE FOR FOOD CARTS, AMENDING
SECTION 7.470 “DEFINITION” AND SECTION 7.474 “STANDARD OF
OPERATION” ADOPTING A SEVERABILITY CLAUSE, AND DECLARATING AN
EMERGENCY
The City Council of the City of Springfield finds that:
WHEREAS, to stimulate economic development and encourage use of Springfield
commercial, industrial and public land and open space zones including but not limited to
Springfield Downtown, Glenwood, and the Mohawk area, it wishes to encourage the
establishment of “food carts”; and
WHEREAS, food carts operated by merchants regularly engaged in the vending of
food encourage pedestrian traffic and use of the commercial, industrial and public land
and open space zones including but not limited to Springfield Downtown, Glenwood, and
the Mohawk area; and
WHEREAS, the Council wishes to provide for transient merchants operating Food
Carts.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS:
Section 1: Section 7.470 “Definition” of the Springfield Municipal Code is hereby
amended to read as follows:
“7.470 Definition. Transient merchant is any person engaged in the business of
selling goods or services from a booth, cart, wagon, vehicle or device of any other type, or
building upon any public or private property, when the person is not regularly engaged in
a permanently established business of selling goods or services in the city. Any merchant
regularly engaged in the vending of food, ice cream, beverages and refreshments who has
obtained a vending on city streets permit from the city under SMC Section 7.802 or 7.810
shall not be considered a transient merchant under this section.”
Section 2: Section 7.474 “Standard of Operation” of the Springfield Municipal
Code is hereby amended to read as follows:
“7.474 Standard of Operation.
The following shall be required of all transient merchants:
(1) Written permission shall be obtained from the property owner.
(2) All display areas on the property shall be paved, and shall be outside
the required 25 foot vision clearance triangle.
(3) Required parking spaces and landscaped areas of the established
Attachment 2, Page 1 of 2
business on the property shall remain clear.
(4) There shall be room to pull a vehicle off the roadway so that
hazardous traffic conditions are not created. Once off the roadway, there
shall be adequate room for vehicles to park. Transient merchants shall not
rely on parking required of the established business.
(5) Transient merchants may be allowed only on property that is zoned
CC- Community Commercial, MRC – Major Retail Commercial, MUC – Mixed
Use Commercial or PLO – Public Land and Open Space.
(6) Transient merchants operating Food Carts, also known as “Mobile
Units” as defined by ORS 624.310(8), may be allowed only on property that
is zoned CC – Community Commercial, MRC – Major Retail Commercial,
MUC – Mixed Used Commercial, MUE - Mixed Use Employment, , HI - Heavy
Industrial, LMI - Light/Medium Industrial , CI - Campus Industrial and PLO –
Public Land and Open Space.”
Section 3: Severability Clause. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
individual provision and such holding shall not affect the validity of the remaining portion
hereof.
Section 4: Effective Date of Ordinance. It is hereby found and determined
that the matters relating to the adoption of this program are matters affecting the public
health, safety and welfare and that an emergency therefore exists, and this Ordinance
shall therefore take effect immediately upon its passage by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this ___ day of
_________, 2013, by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________,
2013.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 2, Page 2 of 2
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING SECTION 7.804 “VENDING ON CITY STREETS” AND
THE ADDITION OF A NEW SECTION, SECTION 7.810 “DOWNTOWN FOOD CART
PROGRAM,”ADOPTING A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY
The City Council of the City of Springfield finds that:
WHEREAS, the establishment of a City Food Cart Program on Downtown City streets, sidewalks,
rights-of-ways and open spaces will stimulate economic development and encourage pedestrian traffic;
and
WHEREAS, the City has available parking spaces on Downtown City streets, sidewalks, rights-of-
ways and open spaces that may be used for the establishment of Food Carts; and
WHEREAS, the City recognizes the need to implement and administer the Food Card Program
for the mutual benefit of Food Cart vendors and Downtown businesses.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS:
Section 1: Section 7.804 “Exceptions” of the Springfield Municipal Code is hereby amended
to read as follows:
“7.804 Exceptions. Section 7.802 shall not apply to:
(1) The vending of merchandise by persons having a legal permit to do so.
(2) The personal sale of newspapers or other reading material upon the streets or
sidewalks.
(3) The sale of merchandise from stands and mechanical vending machines.
(4) Food Carts licensed under the City of Springfield Downtown Food Cart Program as set
forth in Section 7.810.”
Section 2: Section 7.810 “Downtown Food Cart Program” is hereby added to the Springfield
Municipal Code as follows:
“7.810 Downtown Food Cart Program. Food Carts may operate on Downtown City of
Springfield streets, sidewalks, rights-of-way and open spaces if the following requirements are met:
(1) Food Carts are limited “mobile units” as defined in ORS 624.310(8), any vehicle on
which food is prepared, processed or converted or which is used in selling and dispensing food
to the ultimate consumer on locations specified in subsection (6) and for which no overnight
parking is permitted.
(2) Food Carts may be located only within the Downtown Food Cart Program zone which
shall be bounded by the same boundaries and within the Downtown Redevelopment Zone
(bounded by South A Street, Mill Street, B Street and 10th Street).
(3) All signage must conform to City of Springfield sign code requirements.
(4) No permanent structures are permitted, tables, chairs, café seating may be permitted in
accordance with subsection (10). Any tables, chairs, or café seating must be provided outside
of the food cart so as to prevent customers from entering the structure.
(5) In the event alcohol sales occur, a special events permit must be obtained from the City
of Springfield and the vendor must comply with OLCC requirements.
(6) Vendors are limited to predetermined designated locations on city-owned streets,
Attachment 3, Page 1 of 2
sidewalks, rights-of-ways and open spaces. Vending spaces will be identified and assigned by
the Food Cart Program administrator. No change from the designated space is permitted
without City approval.
(7) Vendors may not reserve parking spaces and must be actively vending when parked.
(8) A permit shall be required. A permit fee will be required.
(9) The City Manager is the administrator of the Downtown Food Cart Program. The City
Manager may delegate the responsibility for the administration of the Downtown Food Cart
Program as set forth in this Section 7.810 to a for profit or non-profit entity. The City Manager
is authorized to enter into contracts for such delegation.
(10) The City may establish the following requirements for vendors participating in the Food
Cart Program: insurance requirements, hold harmless requirements, adherence to city, state,
county, health safety and sanitation regulations, including but not limited to ORS Chapter 624,
times of operation and scheduling of vendors, a time limit on the maximum duration allowed
between parking and the commencement of vending activities, the total number of carts,
regulations designed to encourage a diversity of products and prices, the encouragement of
space separation of carts from competing restaurants, as well as other requirements necessary
to implement and administer the Downtown Food Cart Program.
(11) The City Manager is authorized and directed to promulgate such rules and regulations as
may be deemed necessary or proper to carry out the purposes of provisions of Section 7.810
Downtown Food Cart Program.
(12) The location or operation of a Food Cart in downtown Springfield as defined in Section
7.810(2) in violation of any of the requirements set forth in Section 7.810 or any rules or
regulations promulgated by the City Manager pursuant to Section 7.810(12) shall constitute a
civil infraction pursuant to the Springfield Municipal Code and is punishable pursuant to SMC
Sections 5.600 to 5.626.”
Section 3: Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding
shall not affect the validity of the remaining portion hereof.
Section 4: Effective Date of Ordinance. It is hereby found and determined that the
matters relating to the adoption of this program are matters affecting the public health, safety and
welfare and that an emergency therefore exists, and this Ordinance shall therefore take effect
immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2013,
by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2013.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 3, Page 2 of 2