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HomeMy WebLinkAbout40. 14-204 APRIL 8, 2014 APRIL 22, 2014 14-167 14-204 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0______ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: AMEND CITY ORDINANCES PERTAINING TO MOBILE VENDING INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 8-43 (II)(a)(ii) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO MOBILE VENDING UNITS ON PRIVATE PROPERTY AND CREATING 8-43(IV)(l) PERTAINING TO DISTANCE OF MOBILE VENDING UNITS FROM SPECIAL EVENT BOUNDARIES WHEREAS, the City of Oshkosh by ordinance 13-217 adopted on April 23, 2013 created a mobile vending ordinance; and WHEREAS, staff met with mobile vendors and reviewed the ordinance and recommend the following changes to the ordinance. NOW, THEREFORE, the Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 8-43 (II)(a)(ii) of the Oshkosh Municipal Code pertaining to mobile vending units on private property is hereby repealed and recreated to read as follows: ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit. SECTION 2. That Section 8-43 (IV)(l) of the Oshkosh Municipal Code pertaining to distance of mobile vending units from special event boundaries is hereby created to read as follows: l. within one hundred (100) feet of the boundary of a Special Event approved under Chapter 5 of this Municipal Code. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. APRIL 8, 2014 APRIL 22, 2014 14 -167 14 -204 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted A GENERAL ORDINANCE (14 -204) OF THE CITY OF OSHKOSH AMENDING SECTION 8 -43 (II)(a)(ii) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO MOBILE VENDING UNITS ON PRIVATE PROPERTY AND CREATING 8- 43(IV)(1) PERTAINING TO DISTANCE OF MOBILE VENDING UNITS FROM SPECIAL EVENT BOUNDARIES, on April 22, 2014. The ordinance amends city ordinances pertaining to mobile vending within the City to clarify language related to mobile vending units operating on private property with a temporary use permit and to create a buffer of 100 feet from the boundary of an approved special event for mobile vending not associated with the special event. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236 -5011. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh 197A I TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: April 3, 2014 RE: Ordinance amending Section 8 -43 of the City of Oshkosh Municipal Code pertaining to Mobile Vending BACKGROUND The City of Oshkosh by ordinance 13 -217 adopted on April 23, 2013 created a mobile vending ordinance requiring mobile vendors such as ice cream trucks, hot dog vendors, sandwich carts and other similar vendors to be licensed with the City and to comply with various rules and regulations. During the mobile vending season for 2013 six (6) vendors were licensed through the City. In addition, two (2) vendors received temporary use permits to operate vending units on five (5) private property locations. ANAI YSIS Prior to passage of the ordinance, city staff met with mobile vendors and staff has continued to work with the vendors to assist with any questions or concerns that they may have. This winter staff contacted the vendors who were licensed as mobile vendors and /or were operating on private property with a temporary use permit to discuss any issues or concerns that they may have. Staff from various departments were also asked to identify any issues they recognized that may require adjustment. Overall it appears that the ordinance is working well and there were very few issues raised. Fees were discussed, however staff is not proposing any changes to those fees at this time. A mobile vending fee is currently set at $100 and a temporary use permit fee is $75. Staff reviewed both fees at the time the ordinance was established and continue to believe that the fees charged are reasonable for the services rendered in connection with the licenses /permits. One issue that was raised several times over the course of the year was in relation to permitted special events. Vendors working with the special events are not required to obtain a separate mobile vending permit but must work with the event sponsors and X within the confines of the special event boundaries. In some cases, other vendors "piggyback" on an event without working through or with event sponsors, either by trying to work within the event boundaries, such as a parade route, or immediately adjacent to those boundaries. Often organizers and police are busy with the event itself and unable to respond immediately to these types of complaints. Council may recall that within the ordinance certain buffer zones were set up in relation to full service restaurants and sidewalk cafes. In order to address these concerns with special events, the organizers and vendors have requested that the City consider a similar buffer for special events. Staff is proposing a 100 foot buffer at this time. The buffer from restaurants and sidewalk cafes is 37 Y2 feet. However, staff believes that the 100 foot buffer makes more sense in relation to special events. Special events vendors and mobile vendors are likely competing for the same or very similar customer base. By their nature, mobile vendors may create a perception that they are a part of the event unless some significant distance separates them from the event itself. Often these issues arise in the downtown area where many of the City's parades and other special events are held; there is already typically some congestion associated with the events that can be exacerbated by the presence of additional vendors not associated with and coordinating with the event organizers. The final change proposed by staff is simply clarification of language related to those entities operating on private property with a temporary use permit who are not required to obtain a separate mobile vending license in addition to the temporary use permit. This change is not a change in procedure, but rather clarification of the existing language in section 8- 43(II)(b)(ii). FISCAL IMPACT There is no anticipated fiscal impact. RECOMMENDATION Council adopt the ordinance as proposed to clarify the requirements related to mobile vending permits and temporary use permits and to adopt a 100 foot buffer for special events. Respectfully Submitted, 1 Lynn A. Lorenson City Attorney Approved: Mark A. Rohloff City Manager