CITY OF BANDON

CITY COUNCIL AGENDA DOCUMENTATION DATE: Feb. 3, 2020

SUBJECT: Roadside Vending ITEM NO. 5.2.2

BACKGROUND This item is a report from the Chamber of Commerce on the possibility of roadside/mobile vending in the City of Bandon.

This was a discussion item at the September 9, 2019 Council Meeting. This discussion item is to discuss the results of additional polling by the Chamber.

FISCAL IMPACT None.

RECOMMENDATION This is an update item only.

SUBMITTED BY: -------,,.,.k--;z::......_ ___ - ____ ._ __ _ Da1f"Chandler, City Manager

NO-

No, not in favor. I feel we should protect existing & future Bandon businesses.

The xxxx is a no vote.

I think I lean to the side of no for this town. I do like it in other places (especially yummy food carts, which I would be for} but not so much here in my current thoughts ... have to mull it over more I guess.

Yes-

No They don't have the same over head as the merchants in old town.

X YES - in favor of allowing Roadside Vendors,

_X __ YES - in favor of allowing Roadside Vendors

yes, in favor

Yes

I vote "Yes" for Roadside vending. That said, I think it important for the City and Chamber to define exactly what kind of vendor we are willing to accept and define the location(s) where the vendors may set up. I would add a couple of questions and guidance on wording of the ordinance.

1. The City ought to consider outlining a particular location for roadside vending -such as near the port building or on the water docks. I think we shouldn't allow for door-to-door vendors. 2. The City might consider limiting the type of vendors allowed - food, products, etc 3. Also, I assume you' re thinking of some licensing program for vendors. Ifnot, I would consider putting an application/licensing/fee program in place for vendors. You could charge a nominal fee, such as $50/year or something along those lines; the advantage is that you could better control the number and type of vendors that sell product in Bandon.

_ X_ YES - in favor of allowing Roadside Vendors,

My vote would be no

Yes in favor of roadside food carts.

Florist, produce etc. Worried

allowing trinket vendors would

create some eclectic campers on

the road side that could ruin it for

others.

NO, support the local merchants

Absolutely No. That is very unfair

to those businesses who have a

store front, and are open year

around.

I would vote NO not in favor. Brick

and mortar establishments are a fixture in our community. They

help out with just about every

fund raiser or event in town. Not

sure if you would get the same

donations from someone who

parked in a different place five

days a week

I vote NO

No from: 4 businesses

no not in favor ... thank you.

NOOOOOOO!!!Ewwww, YuuuuK,

YIKES! Who thought this one up! Let's keep this one in perspective ... As Julie Miller, Mary Schamahorn, and Nancy Evans were always fond of reminding

us ... Bandon Dunes put Bandon on the map!!! Can't quite visualize the mixing of

UPSCALE and ELEGANT with uncontrolled FLEA MARKET Style. If that's not

enough ... how about considering the

negative competitive impact the now nearly-year-round Port of Bandon's

Farmer's Market has had on the sales of

jewelry and other gift items carried in many of the Old Town shops. Do we now really want to undermine the success of Bandon's Farmer's Market by forcing it to

compete with a bizarre mix of likely foreign made STUFF? And ... if it's

crafters ... PLEASE consider the negative impact that would have on Bandon's Galleries, Farmer's Market vendors, and

local merchants, and restaurants, who do their best to represent the nicely crafted, locally made arts, in their BRICK and

MORTAR stores that have to pay rent,

utilities, etc!!! Bandon is NOT a mall

that needs kiosks, nor is it: Seaside, Lincoln City, Portland, Downtown Eugene. BANDON is NOT: Pikes Place Seattle,

Monterey's Canary Row, San Fransico's

Pier 39 ...... ETC...Bandon is the Carmel of

the Southern Oregon Coast and it is located right next to the it's own version of Pebble Beach ... Bandon is the place

everyone happily drives down the scenic

beach loop and goes toward as they run away from that other garbage! I!!!

After listening to many people discuss

this subject throughout the area from

Florence to Bandon, I am generally

not in favor of roadside vending

outside of invitational events. I do

think there is room for business

incubation using this and the farmers

market to test the retail market

aspect of their business prior to

renting a commercial storefront. But I

think this should be considered on a

case by case basis through a

presentation and permitting process.

_x __ NO, Not in favor of allowing

Roadside Vendors

Based on the definition below, my

vote is no. However, I am in favor of

food trucks but it is a slippery slope. I

guess it has to be one or the other.

So, no.

Yes

_xx __ NO, Not in favor of

allowing Roadside Vendors

Absolutely not

Yes. XXXX is in favor of food carts. It

can help local business expand due to

the limited real estate in the city. We

understand the concern of outside

businesses coming into town during

the high season, taking business from

the local places and leaving the rest of

the year. To mitigate this issue, we

would also support a proposition of

only allowing a food truck that has a

local zip code attached.

NO!!!!!! Thank you!!!

Yes

Here's my ballot. _X __ NO, Not

in favor of allowing Roadside Vendors,

Just to clarify, I would be in support of

food carts as long as they didn't block

the sidewalks ... but, the idea of junky

vendors selling touristy items doesn't

appeal to me ... we have shops that

keep their inventory neat & attractive

that carry similar items ... & I get that we have restaurants too, but there's

an appearance difference between

food trucks/carts & kiosks selling

other goods. Thanks to the Chamber

for taking this poll!

Yes, I believe in a free market even for

roadside vendors.

No ... Brick and mortars are having a

tough enough time with being

swallowed by online shopping. Our town is too small!

We would most definitely be in the

" not in favor" category on these

issues for several reasons

_x __ NO, Not in favor of allowing

Roadside Vendors

NO, Not in favor of allowing Roadside

Vendors,

Yes.

Yes In favor

No-not without clearer definitions

and specifications, locations

specifically outlined, level of visual

requirements and signage in an effort to create a sophisticated, not flea

market trashy visual appearance

which hurts the betterment and

quality growth opportunities for

Bandon

Yes, we are in favor of allowing

seasonal carts.

No, not in favor of allowing roadside

vendors. I would support allowing

roadside vendors with specific

offerings, such as food.

I'm a NO vote, but could be

persuaded to allow roadside vendors

who fill a niche not being covered by

an existing business. As for the Ports

Farmers Market- I' m not a big fan of it

because I feel it operates at the

expense of our Old Town shops and eateries.

Yes. In favor.

No, Not in favor of allowing Roadside

Vendors

No. Not in favor of roadside venders,

No no thanks

We vote NO. Let's keep supporting

our local businesses

No, not in favor of allowing Roadside

Vendors

No, licensing and selling of stolen

goods could be an issue. Also, traffic

issues.

City of Bandon_ -CITY COUNCIL AGENDA DOCUMENTATION DATE: Sept. 9, 2019

SUBJECT: Food Trucks and Roadside Vending ITEM #: 5.2.2

BACKGROUND

Councilor Vick requested this item be placed on the agenda for discussion.

The City has been approached many times this year concerning the rules and regulations governing Food Trucks and Roadside Vending.

Because long-term Food Trucks are not specifically mentioned in the Municipal Code, the general response from the City has been that Food Trucks are not allowed within the City limits unless they abide by the same requirements established in the Municipal Code for brick and mortar eating and dining establishments, including the payment of SDCs. There are provisions in the Municipal Code for Food TrucksNendors if associated with a festival or special event.

Roadside Vending is prohibited by the Municipal Code on public property and rights-of-way, but there is no specific provision for adjacent private property.

BUDGET IMPACT

N/A

RECOMMENDATION

Council discussion and direction would be helpful in clarifying how staff should proceed in both these matters.

I recommend adding provisions to the code specifically addressing Food Truck/Cart requirements or restrictions. The same should be done to address Roadside Vending.

Once Council direction is received, staff can prepare the appropriate amendments to the Municipal Code and bring them back to Council for review and action.

SUBMITTED BY /

[bl)'~)--~ Robert J Mawson~S,ity Manager

The organization is a collaborative effort spanning multiple governments, agencies and nonprofit groups. As the City of Bandon has been working with this group since its inception, they are asking the City to sign on to the Declaration.

The Declaration of Cooperation, while not a binding legal contract, is evidence to and a statement of the good faith and commitment to achieve the collaborative vision of the Coos County Housing Action Team. Participating partners agree and pledge their cooperation on the actions, purpose and methods described therein.

BUDGET IMPACT: N/A

2

Char Luther, Coos Bay, addressed the Council, noting that there are two Action Teams: One for affordable/supportive housing for households under 60% Area Median Income (AMI); the second for Workforce Housing, for households of 60%-120% AMI. She noted that HAT is a team consisting of public agencies, private sector partners and nonprofit entities working together under a Declaration of Cooperation.

Powell asked when the group would be asking for money and indicated that he was not impressed with the results received so far from the.City's financial investment in this issue.

Luther stated that she was not asking for money tonight, but that it is important to recognize that money will be needed to build workforce housing.

Seymour moved to approve the Mayor's signature on the Coos County Housing Action Team's Declaration of Cooperation, pledging to work together with the other partners to address various housing needs in the City of Bandon and all of Coos County. Vick seconded the motion, which was passed unanimously, 6:0.

5.2 Discussions 5.2.1 Food Trucks and Road-Side Vending

Councilors had been provided with copies of a report from Mawson, stating:

BACKGROUND: Councilor Vick requested this item be placed on the agenda for discussion.

The City has been approached many times this year concerning the rules and regulations governing Food Trucks and Roadside Vending.

Because long-term Food Trucks are not specifically mentioned in the Municipal Code, the general response from the City has been that Food Trucks are not allowed within the City limits unless they abide by the same requirements established in the Municipal Code for brick and mortar eating and dining establishments, including the payment of SDCs. There are provisions in the Municipal Code for Food TrucksNendors if associated with a festival or special event.

Roadside Vending is prohibited by the Municipal Code on public property and rights-of-way, but there is no specific provision for adjacent private property.

BUDGET IMPACT: N/A

RECOMMENDATION: Council discussion and direction would be helpful in clarifying how staff should proceed in both these matters.

I recommend adding provisions to the code specifically addressing Food Truck/Cart requirements or restrictions.

The same should be done to address Roadside Vending. Once Council direction is received, staff can prepare the appropriate amendments to the Municipal Code and bring them back to Council for review and action.

Following Mawson's verbal review of his written report, Schamehorn called for public comment.

Bandon City Council 09/09/2019

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Lori Osborne, 56068 Wheeler Road, stated that she had called people, advising them that they should be involved in the discussion, and not make the same mistake as has occurred with the road diet issue (See Council minutes of 05/06/2019). She then read from a prepared statement:

"As lifelong residents and longtime business owners here in Bandon, we feel as though the City must address the issue of food trucks, and when and where they can be. We currently own the Beverage Barn, and recently purchased and reopened the retail fish market on the waterfront, which we renamed Farm and Sea. Although at this time, our business is not impacted negatively by the one food truck and two outdoor kitchen set-ups at the Old Town Marketplace on Friday and Saturday, every week for seven and a half months, we still feel as though the time is right for the City to adopt guidelines, codes and ordinances for any outdoor temporary sales, which food trucks would fall under.

"One of the big appeals of our town are the "Mom & Pop" storefront restaurants, the whole town, and the family-owned and operated small businesses townwide. There are few franchises and chains. Like most small tourist-driven towns on the Oregon coast, these family-owned, Mom & Pop storefronts and restaurants survive because they invest in and are part of the community. Here in Bandon, three such businesses that would be greatly affected by food trucks, parked on private, pubic, or on Port properties in the Old Town area, are Bandon Fish Market, Tony's Crab Shack, and Bandon Bait and Tackle. Food trucks don't play on level field: No rent, no overhead, and typically are not rooted in the town.

"How many sponsorships and donations for the community do the food trucks make? How much in property taxes do they pay? Do they support our local schools, our theater, our park and our library? Could you imagine the impact on the Big Wheel if a food truck with five-dollar T-shirts and ten-dollar sweatshirts parked on the waterfront every Saturday? How about a pop-up tent selling discounted jewelry in the gravel parking lot? Do we want our small town to start looking like a flea-market central every weekend? Do we want every open parking area to have a food truck, trailer or tent selling sorts of things that directly compete with businesses that are Bandon?

"We believe that outdoor, temporary sales areas should be allowed during festivals and special events, in approved areas; but, to allow these daily or weekly is doing our community a disservice."

In discussing the issue with Osborne, Schamehorn noted that the City had always operated on the premise that food trucks fall under the same regulations as brick and mortar stores, up until a recent challenge, noting that the City Code (920.070) does not address private property.

Osborne reiterated that she had contacted people, encouraging them to get involved in the conversation, and suggested that those who could not attend the meeting contact Margaret Pounder, the current Chamber Director. She noted that Pounder was present, and probably had some input to provide.

Braun stated that he was in favor of a measured response, rather than banning or allowing all; he stated that he felt food trucks should not be held to the same standards as brick and mortar buildings with regards to such things as SOC requirements. He noted the "business incubation aspect" of food trucks, which allow people to start small, and eventually earn enough money to open a brick and mortar store. He noted the special events exception and wondered about others.

Schamehorn noted, with regards to the weekend Old Town Marketplace, that the vendors inside are covered, but wondered about those outside.

Bandon City Council 09/09/2019

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Hundhausen stated that it was her personal observation that people enjoy Bandon because of the beautiful, different mix of permanent residents, visitors and business people. She stated that outside vendors can contribute to a carnival atmosphere, which she is fairly certain is not the vision of the people of Bandon. She stated that the Council must seriously consider the issue, with community involvement. She expressed concern that, with no regulation, people could be setting up all over town, including in public parks and private parking areas.

Seymour asked Peggi Towne, the manager of the Old Town Marketplace, to address the issue of the outside vendors, noting that there was a food truck, and another food vendor, and Towne added that there was a woodworking vendor. Seymour asked if they all come under the same rules as the vendors inside the Marketplace.

Towne stated that the outside vendors have to pay the booth fee, depending on the size, and for the use of any electricity, and they are required to have liability insurance, as well.

Margaret Pounder, 54177 Morrison Road, Acting Executive Director for the Chamber of Commerce, stated that, a quick email survey had been done on Friday, focusing mainly on restaurants, as to their feelings on the matter, and the response had been mixed, though most had expressed concern about a possible impact on their businesses if these things were allowed year-round. She asked that the City allow the Chamber more time to complete a more thorough survey.

Braun stated that he would like to see the response of the business community, as a whole, and Schamehorn added that she would like input from the community, as well.

Hundhausen suggested that, perhaps the City should put a moratorium on temporary vendors until the Chamber and City have had a chance to gather more information.

Pounder estimated that she could have a report for the Council within sixty days.

Braun suggested that, perhaps some sort of town hall meeting could be held within that time, as well.

Paul Fisher, 56994 Parkersburg Road, stated that, with regard to the hot dog stand that had been located at the lube business south of town, one can be waiting for some time for various work to be done, there is no other food business nearby, and it is good to have that option available. He noted that it was located on private property, and the business owner is established, paying taxes and employing people. Food trucks are mostly here for the summer and special events, and he would like to see the City continue to allow them.

Noel Foley, 520 5th Street, stated that, as a business owner, his concern was the image and the impact food trucks would have on Bandon, as well as on the businesses. He wondered what it costs the temporary vendors on a daily, weekly basis to set up, and whether they are employing people, as that is what he and other business owners do, being fully vested in what they do. He noted that these vendors can "roll in and roll out when it suits them," while he and other full-t ime businesses are here "for the long haul."

Carleton advised that it was his opinion that the City's prior position requiring conformance as with any brick and mortar business is defensible. While the Code may not be as clear as would be desirable,

Bandon City Council 09/09/2019

5

the City could still maintain that position. He noted one other concern, that being when someone has an agreement with a private property owner on Hwy 101, it is likely that the property is subject to an ODOT permit, which is most likely to be somewhat restrictive as to the type of business allowed. He stated that it would be his contention that something would not be legal if the permit itself does not allow for it. As far as City-owned or leased property, the City certainly has the ability to not allow uses. The City just needs to have the will to enforce that.

John Towne stated that he would like to see food truck regulations, though he recognized that it is a complicated issue. He noted that Fall is approaching; most food trucks will show up in the summer (June, July, August, September), and then will be gone, most of them not even being Coos County residents. He noted that an Old Town merchant had told him, "I make a lot of money in summer, to lose money in winter," adding that he employs people twelve months a year. He stated that he was pretty positive that food trucks do not. He stated that, where he does want to see food trucks is during special events (Cranberry Festival, 4th of July, Dog Show, Old Town Market). The Old Town Market currently limits outside food trucks. He would not like to see more outside, even on Port property or along Second Street.

Schamehorn and Braun noted that it was not the intent to not allow temporary vendors at special events, with the apparent consensus being that a "measured response" would be a good thing

Brian Springlemeyer, 63043 Seven Devils Road, Charleston, stated that he and his wife began their food business four years ago, with the encouragement of Peggi Towne. He stated that he had built a food truck this winter and started operating it this summer. He stated that he hopes that he will be able to continue having his food truck at the Market, and for special events. He noted that he is a Coos County resident, and is hopeful to be able to start a small Mom & Pop business-a restaurant-as his business grows. He added that he is a family and community-centered person, and it is not his intent to take from the community and go back home.

Schamehorn stated that the Council will not be taking any action at this time, but will be looking at perhaps forming a committee, and looking forward to the Chamber hosting a Town Hall meeting and gathering input from the community. She added that it was good to know that, as Carleton had stated, the City's prior stance on the matter is defensible.

5.2.2 Tree Ordinance The Council had been provided with copies of Chapter 12.13 of the Bandon Municipal Code, and the Tree Standards and Specifications Manual, along with a brief cover memo from Mawson, noting that this item had been placed on the agenda at the Mayor's request, "to clarify how the ordinance should be better administered by staff."

Schamehorn stated that she and Seymour had been approached by a couple located on Klamath Avenue regarding their attempt to have a tree in the City right-of-way removed, as the root system was impacting their driveway and sewer line, causing the sewer to back up several times. She stated that the matter had gone before the Parks and Recreation Commission, which had followed the recommendation of Public Works Director Richard Anderson not to take the tree down, as it had been looked at by an arborist, who determined that the tree was healthy. During the ensuing discussion, she noted that the City did eventually take the tree down.

Bandon City Council 09/09/2019