8.3 SR 07-01-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
8.3
Meeting Date
July 1, 2024
Prepared By
Item Description
Ordinance Amendment 24-___: Food Trucks
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt, by motion Ordinance 24-___ updating the restrictions on food trucks.
Background/Discussion
Mayor Dietz requested to add the food truck ordinance to this agenda. He would like to have food trucks
available for the July 11 concert night.
The City Council reviewed the draft ordinance amendment at their June 3 meeting. The item was continued
to allow Councilmember Wagner to speak to the Downtown Elk River Business Association. The discussion
centered on whether to allow food trucks in the downtown district during events.
Attached is a draft ordinance as a starting point for Council discussion. As the ordinance is written, two
trucks would be allowed on King Avenue and trucks are allowed on any private property.
Financial Impact
N/A
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. OA Food Trucks
2. Map: Where Trucks Allowed
3. June 3, 2024 Staff Report Food Trucks
Page 77 of 99
Ordinance 24 - ____
An Ordinance Amending Chapter, 38, Section 414 of the City of Elk
River, Minnesota, City Code
The City Council of the City of Elk River, Minnesota does hereby ordain as follows:
SECTION 1. That City of Elk River City Code Section 38-414. Restrictions. Shall be amended as
follows:
(d)For mobile food units.
(1)State license. Mobile food units shall hold a valid license from the State of Minnesota
Department of Health or Department of Agriculture. Any conditions of the State Health
Department shall be incorporated into the license issued under this section, in addition to
any other conditions by the City of Elk River.
(2)Insurance. A certificate of insurance that has been issued to the applicant by an insurance
company authorized to do business in the State of Minnesota verifying the applicant is
insured against claims arising out of all operations of such applicant under this chapter for
the sum of at least $1,000,000.00 against liability for bodily injuries and for at least
$1,000,000.00 against liability for damage or destruction of property. The city shall be
endorsed as an additional insured on the certificate of insurance on public property
including right-of-way. Certificate of insurance must contain a provision requiring at least
30 days' advanced written notice to the city, or ten days' written notice for non-payment
of premium notification be sent to the city should the policy be cancelled before its stated
expiration date.
(3)Hold harmless. A mobile food unit operating on city property, including public right-of-way,
must submit a signed statement that the licensee shall hold harmless the city and its
officers and employees, and shall defend and indemnify the city and its officers and
employees for any claims for damage to property or injury to persons which may be
occasioned by any activity carried on under the terms of the license.
(4)Duration of sales. A license shall be valid for one year but the mobile food unit can't operate
in, or in front of, the same location for more than 21 days each year within the City of Elk
River.
(5)Overnight storage. No overnight storage of a mobile food unit shall be permitted unless
approved by council.
(6)Signs. No signage shall violate the provisions of this Code relating to size and number of
business signs.
(7)Noise. No shouting, blowing a horn, ringing a bell, or use of any sound devices upon any
of the streets, alleys, parks, or other public places of the city or upon any private premises
in the city. Ice cream trucks traveling through a residential district may have outdoor
music or noise-making devices to announce their presence.
(8)Parking. Mobile food units must be located on an paved approved surface. Approved
surfaces include: asphalt, concrete, and class 5 or crushed concrete compacted to a dust
free surface. A mobile food unit may not operate in a traffic lane, on a sidewalk, or in any
Page 78 of 99
location which causes an obstruction of traffic, such as queuing of patrons or
advancement of vehicles. A mobile food unit may operate on eligible parking stalls in
public streets and occupy no more than two three parking spaces. No parking or sales
shall take place within 60 feet of an intersection of two or more streets or within 30 feet
of a driveway that enters a public street.
(9)Hours. Hours of operation shall be allowed from 8:00 a.m.to midnight, except in a
residential district in which sales shall be allowed from 8:00 a.m. to 10:007:00 p.m.
(10)Waste disposal. Mobile food units shall provide waste disposal and clean up all litter and
garbage generated by the mobile food unit before moving from the location.
(11)Self-containment. Mobile food units can'’t connect to public utilities. Any generators must be
self-contained.
(12)Inspections. Mobile food units shall comply with all applicable fire codes and may be
inspected by a city fire official prior to operation.
(13)Locations. Mobile food units shall be allowed in public right-of-way, not in a traffic lane,
only in zoning districts where retail sales are allowed as permitted or special uses under the
city's zoning code. Except that mobile food units may be located on privately owned
property in the commercial, industrial, and downtown zoning areas of the city with written
property owner permission and residential lots as exempted per section 383 (11).
In the downtown district only onetwo mobile food unit shall be permitted on public
property located at the designated, signed parking area along King Avenue. Reservations
are not permitted on King Avenue when the city hosts concert nights in River's Edge Park
unless authorized by city council. City council may further authorize mobile food units in
the downtown district for city-sanctioned activities. Applications for the downtown
district will only be accepted up to three months in advance and are on a first come first
serve basis with fee payment and a completed application.
(14)City parks. Mobile food units are not allowed in city parks unless they get written
permission of the parks and recreation directorcity administrator or their designee. Except
that parks with concession stands also require the written consent of the concession
operator for their specific event.
(15)[Seating.] Mobile food units may not provide external seating unless located in an industrial
zoning district.
(16)[Ice cream trucks.] Ice cream trucks are allowed to operate within the public right-of-way in
residential districts.
(17)[Prohibitions.] Mobile food units are prohibited from vending activities within 500 feet of
an event for which the city has issued a special event permit, unless they are specifically
authorized by the event organizer to participate in the event.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 1st day of July 2024.
Page 79 of 99
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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