Food Truck Agenda Item

8/18/2019 Food Truck Agenda Item

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REQUEST FOR COUNCIL ACTION MEETING DATE: 4/18/2016

AGENDA SECTION:

HearingsORIGINATING DEPT:

City Attorney

ITEM DESCRIPTION:

Proposed Amendments to Food Truck OrdinancePREPARED BY:Terry Adkins

At the April 4th Council meeting, the Council continued the public hearing concerning the proposedamendments to the Food Truck Ordinance. Since April 4th, the Park Board met and provided its commentsconcerning the operation of food trucks within and adjacent to parks. I have revised the proposedamendments to the Food Truck Ordinance to incorporate the Park Board's comments. Additionally, CouncilPresident 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 showingthe deleted language as well as the additional language (labeled "MARKED UP VERSION 4/08/2016"). Thesecond attachment is a draft ordinance amendment showing how the ordinance would read without strikeoutsor 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 theattached draft as a starting point.

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vehicle for the period of April 1 to March 31 of the following year. For each additionalindividual vehicle utilized by an Operator, an additional license fee in the amount of $50.00established by resolution adopted by the Council shall be paid. Applicants must include acopy 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 licensedhereunder 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 VendingVehicle upon or over a public street, alley, or public right-of-way unless the person hasobtained a franchise from the City. Each ordinance granting a franchise shall contain all ofthe terms and conditions of the franchise so granted. Additionally, every personpossessing a franchise must comply with all of the provisions of this chapter. Thefranchise fee for a Food Vending Vehicle shall be established by resolution adopted by theCouncil. The franchise will be valid for five years.

No license shall be issued hereunder to an operator unless a certificate is furnished to thecity 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 ordeath, resulting from any one occurrence and on account of any one accident; propertydamage insurance in an amount of not less than twenty-five thousand dollars for damageson account of any one accident or occurrence.

Subd. 2.

143A.04. License Application and Approval. Subdivision 1. Application for aFood 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 necessaryincluding but not limited to the following:

A. Name and address of the Applicant;

B. Name and address of the approved commercial supply source and affiliatedlicensed food establishment in the City. If the licensed food establishment isnot owned or operated by the applicant, the applicant shall provide writtenproof of consent from the establishment’s owner to use the facility for foodpreparation, 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 theproposed layout, photographs, mechanical schematics, construction

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materials, finish schedules, equipment types, manufacturers, modelnumbers, locations, dimensions, weight of vehicle per wheel, performancecapacities, power source, installation specifications, and information on anycustom fabricated equipment.

F. Copies of all licenses or permits required by the State Health Department orOlmsted County Public Health.

G. A signed statement that the Applicant will defend, indemnify, and hold theCity harmless from any and all claims for damage to property or injury topersons which might result or arise out of the Applicant’s operation of a FoodVending Vehicle as permitted by this chapter.

H. A certificate of insurance showing the Applicant has obtained liability, foodproducts liability, and property damage insurance that will protect theapplicant, property owners, and the City from all claims for damage to

property or bodily injury, including death, which may arise from theapplicant’s operation of a Food Vending Vehicle. This insurance shallprovide coverage of not less than $1 million per occurrence. The policy shallfurther provide that it may not be cancelled except upon 30 days’ writtennotice filed with the City Clerk. No license issued under this chapter shall bevalid at any time the insurance required by this clause is not maintained andevidence of its continuance is on file with the City Clerk. A certificate ofinsurance shall contain an acknowledgement signed by the insurer that priorto modification, cancellation or termination of the subject policy, writtennotice 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 requiredlicense and franchise fees, the City Clerk shall forward the application to the Council forapproval.

Subd. 3. The Food Vending Vehicle license may not be transferred to anotherperson 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 whilestopped on a street for the purpose of vending shall actuate the special flashing lightsrequired 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. EquipmentRequired 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 spacedlaterally as practicable. These lamps shall be of a size approved by theRochester Police Department. These lamps shall display two alternately

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

B. A convex mirror mounted on the front so the operator in his normalseating position can see the area in front of the vehicle obscured bythe hood; and,

C. An audible alarm which is activated when the vehicle is in motionbackwards.

143A.06. Inspection. Subdivision 1. Prior to the initial use and operation of a FoodVending Vehicle, said vehicle shall be thoroughly examined and inspected by a certifiedmechanic and found to comply with all standards of safety prescribed by the laws of thestate or the City. An inspection report showing that a vehicle has met the standards ofsafety 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 fromtime to time and at least annually by a certified mechanic to insure the continuedmaintenance of safe operating conditions. The operation of any vehicle which fails tomeet the standards of safety established by laws shall be discontinued until such time asthe deficiency is eliminated.

Subd. 3. In addition, said vehicle shall be inspected by the County Health officer ifthe 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 Licenseemay Vend in any zone identified in the attached Exhibit A as “City suggested zones.”

143A.08. Restrictions on Vending Activity. Subdivision 1. The followingrestrictions apply to Food Vending Vehicles and Operators throughout the City:

A. An Operator shall Vend only when the Food Vending Vehicle is lawfullystopped.

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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E. The operator of any food vending vehicle which traverses the streets of thecity for the purpose of vending shall submit to the city engineer of the cityprior to April 1 of each year hereafter a detailed listing of the streets on whichvending is planned to occur. The City engineer shall approve or disapproveof the use of any such street or streets for that purpose within thirty daysthereafter. In making said determination, the city engineer shall take intoconsideration factors such as the classification of the street, the amount andcharacter of the traffic carried thereon, and any special hazards to the publicwhich may be created by permitting vending activity thereon. A street notapproved by the city engineer shall not be utilized by said operator forvending An Operator shall not Vend within 150 feet of an establishedrestaurant entrance with street access.

F. An operator shall not vend on a street within or immediately adjacent to anypark 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, mayextend from the Food Vending Vehicle.

H. An operator shall not vend in a single location for a period to exceed 15minutes. For purposes of this subsection, a single location shall be deemedto be a place 500 feet or more from the last sale Licensee must comply withall posted parking requirements, restrictions, meters, and fees in parking aFood Vending Vehicle.

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

Subd. 2. In addition to the restrictions found in subdivision 1, the followingrestrictions 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 parkoperating 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 parkconcession permit has been issued by the Board of Park Commissioners.

D. An Operator shall not Vend within 150 feet of the Soldier’s Field Veteran’sMemorial.

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E. An Operator shall not Vend within 500 feet of any event being held in a parkand for which a permit has been issued by the Board of ParkCommissioners or the City’s Park and Recreation Department.

Subd. 3. An Operator who is Vending in a City park must satisfy any permitrequirements and pay any permit fees adopted by the Board of Park Commissioners inaddition to the license and fees established by this chapter.

143A.09. Sound Amplification Devices. No operator while vending shall use asound amplification device, bell or horn which is audible for a distance of more than 500feet from the vehicle. No such device shall be used within 500 feet of any church or placeof worship, hospital, or courthouse. 143A.10. Backing of Food Vending VehicleRestricted. The operator of a food vending vehicle shall not back the vehicle to make orattempt to make a sale. Penalty. Any person, firm or corporation violating any provision ofthis ordinance shall be guilty of a misdemeanor and a separate offense shall be deemedcommitted on each day during or on which a violation occurs or continues.

143A.10. License Suspension, Revocation and Denial. Subdivision 1. Anylicense 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 alicense, denied upon a finding that the Licensee:

A. Failed to comply with any applicable state law, city ordinance, orstate or county health regulation relating to a Food VendingVehicle;

B. Failed to possess any license, permit, or approval from any state orcounty 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 forthin a council action regarding the license, or set forth as part of theplacement of the license on probation;

E. Allowed the Food Vending Vehicle business to be operated ormaintained in a way that unreasonably annoyed, endangered orinjured 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 mayexist for the suspension, revocation or imposition or probation of a permit, the Council

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shall by resolution specify the nature of the alleged grounds and order that a hearing onthe matter be held as provided below.

Subd. 3. No such suspension, revocation or probation shall be effective untilthe 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 beafforded an opportunity at the hearing to present evidence and argument concerning theissues.

Subd. 4. Upon a finding that the Licensee has violated any such statute orordinance, 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. TheCouncil may impose conditions upon the license during the time ofprobation.

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 ofRochester, Minnesota)

Ord15/143A

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CLEAN VERSION 4/08/2016

ORDINANCE NO. ____

AN ORDINANCE AMENDING AND REENACTINGCHAPTER 143A OF THE ROCHESTER CODE OFORDINANCES, RELATING TO REGULATION OF FOODVENDING 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 amendedand reenacted to read as follows:

Chapter 143AFood Vending Vehicle on Public Streets

143A.01. Definitions. As used in this ordinance, the following terms shall havethe meaning ascribed to them:

A. "Food Vending Vehicle" means every motorized motor vehicle in whichfoods of any kind are carried for the purposes of selling at retail sale on thecity streets.

B. "Vend" or "Vending" means offering food for sale from a motor vehicle onthe 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 citystreets any Food Vending Vehicle for the purpose of vending, or the persondriving 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 VehicleLicense.

F. “Licensee” means a person who possesses a Food Vending VehicleLicense.

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

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the period of April 1 to March 31 of the following year. For each additional individualvehicle utilized by an Operator, an additional license fee in the amount established byresolution adopted by the Council shall be paid.

Subd. 2. The city clerk shall issue an identification tag for each vehicle licensedhereunder 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 VendingVehicle upon or over a public street, alley, or public right-of-way unless the person hasobtained a franchise from the City. Each ordinance granting a franchise shall contain all ofthe terms and conditions of the franchise so granted. Additionally, every personpossessing a franchise must comply with all of the provisions of this chapter. Thefranchise fee for a Food Vending Vehicle shall be established by resolution adopted by theCouncil. 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 mayrequire such information on the application as it deems reasonable and necessaryincluding but not limited to the following:

A. Name and address of the Applicant;

B. Name and address of the approved commercial supply source and affiliatedlicensed food establishment in the City. If the licensed food establishment isnot owned or operated by the applicant, the applicant shall provide writtenproof of consent from the establishment’s owner to use the facility for foodpreparation, 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 theproposed layout, photographs, mechanical schematics, constructionmaterials, finish schedules, equipment types, manufacturers, modelnumbers, locations, dimensions, weight of vehicle per wheel, performancecapacities, power source, installation specifications, and information on anycustom fabricated equipment.

F. Copies of all licenses or permits required by the State Health Department orOlmsted County Public Health.

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

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persons which might result or arise out of the Applicant’s operation of a FoodVending Vehicle as permitted by this chapter.

H. A certificate of insurance showing the Applicant has obtained liability, foodproducts liability, and property damage insurance that will protect theapplicant, property owners, and the City from all claims for damage toproperty or bodily injury, including death, which may arise from theapplicant’s operation of a Food Vending Vehicle. This insurance shallprovide coverage of not less than $1 million per occurrence. The policy shallfurther provide that it may not be cancelled except upon 30 days’ writtennotice filed with the City Clerk. No license issued under this chapter shall bevalid at any time the insurance required by this clause is not maintained andevidence of its continuance is on file with the City Clerk. A certificate ofinsurance shall contain an acknowledgement signed by the insurer that priorto modification, cancellation or termination of the subject policy, writtennotice 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 requiredlicense and franchise fees, the City Clerk shall forward the application to the Council forapproval.

Subd. 3. The Food Vending Vehicle license may not be transferred to anotherperson 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 otherequipment required by law, every such vehicle shall be equipped with:

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

B. A convex mirror mounted on the front so the operator in his normalseating position can see the area in front of the vehicle obscured bythe hood; and,

C. An audible alarm which is activated when the vehicle is in motionbackwards.

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

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Subd. 2. Every vehicle licensed pursuant to this chapter shall be inspected fromtime to time and at least annually by a certified mechanic to insure the continuedmaintenance of safe operating conditions. The operation of any vehicle which fails tomeet the standards of safety established by laws shall be discontinued until such time asthe deficiency is eliminated.

143A.07. Zones of Operation. A Food Vending Vehicle Licensee may Vend inany zone identified in the attached Exhibit A as “Food Truck OperationZones” and “Food Truck Operation Zones (limited hours.)”

143A.08. Restrictions on Vending Activity. Subdivision 1. The followingrestrictions apply to Food Vending Vehicles and Operators throughout the City:

A. An Operator shall Vend only when the Food Vending Vehicle is lawfullystopped.

B. An Operator shall Vend only from the side of the vehicle away from movingtraffic 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 restaurantentrance 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 theFood 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 Vendor 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 andproperly disposed of. No waste liquids, garbage, litter or refuse shall bedumped or drained into sidewalks, streets, gutters, drains, trash receptacles,or any other place other than the Food Vending Vehicle. The garbagereceptacle shall be easily accessible for customer use. The Licensee shallbe responsible for all litter and garbage left by customers.

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Subd. 2. In addition to the restrictions found in subdivision 1, the followingrestrictions 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 parkoperating 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 parkconcession permit has been issued by the Board of Park Commissioners.

D. An Operator shall not Vend within 150 feet of the Soldier’s Field Veteran’sMemorial.

E. An Operator shall not Vend within 500 feet of any event being held in a parkand for which a permit has been issued by the Board of Park

Commissioners or the City’s Park and Recreation Department.

Subd. 3. An Operator who is Vending in a City park must satisfy any permitrequirements and pay any permit fees adopted by the Board of Park Commissioners inaddition to the license and fees established by this chapter.

143A.09. Penalty. Any person, firm or corporation violating any provision ofthis ordinance shall be guilty of a misdemeanor and a separate offense shall be deemedcommitted on each day during or on which a violation occurs or continues.

143A.10. License Suspension, Revocation and Denial. Subdivision 1. Anylicense 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 alicense, denied upon a finding that the Licensee:

A. Failed to comply with any applicable state law, city ordinance, orstate or county health regulation relating to a Food VendingVehicle;

B. Failed to possess any license, permit, or approval from any state orcounty authority needed in order to legally operate the FoodVending 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 forthin a council action regarding the license, or set forth as part of theplacement of the license on probation;

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E. Allowed the Food Vending Vehicle business to be operated ormaintained in a way that unreasonably annoyed, endangered orinjured the safety, health, morals, comfort or repose of anyconsiderable 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 mayexist for the suspension, revocation or imposition or probation of a permit, the Councilshall by resolution specify the nature of the alleged grounds and order that a hearing onthe matter be held as provided below.

Subd. 3. No such suspension, revocation or probation shall be effective untilthe 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 beafforded 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 orordinance, 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. TheCouncil may impose conditions upon the license during the time ofprobation.

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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___________________________________MAYOR OF SAID CITY

(Seal of the City ofRochester, Minnesota)

Ord15/143A

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Svenby, Brent

From: Widman, Paul

Sent: Wednesday, A pr il 06 , 2016 4:15 PM

To: City Council

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Sub ject: Park Board Feedback, Food Truck Ord inance

Attachments: Sna pshot-37348.pd f

Mayor and Council:

The Park Board discussed the proposed rev isions to the food truck ord inance dur ing the April 5, 2016 board meeting.

In add ition to the feedback expressed in the attached agenda document, the board added a recommendation that the

ord inance be evaluated at the end of the first season. "Season " was described as the time from when the ord inance is

approved to when

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due to wea

ther. T

he boa

rd reques

ted the opportunity to we

igh

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t 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 (off ice)

507 421-4818 (mobile)

[email protected]

201 4th Street SE

Room 150

Rochester MN 55904

Fi rst-Class City , F i rst-Class Service

This e-ma il and any attachments may contain confident ial and privileged information. If you are not the intended recipient , please

not ify the sender immediately by return e-ma il , delete this e-ma il and destroy any copies. Any dissemination or use of this information

by a person other than the intended recipient is unauthor ized and may be illega l.

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REQUEST FOR PARK BOARD ACTION MEETING DATE: 4/5/2016

AGENDA SECTION:

ACTION ITEMS:ORIGINATING DEPT:

Parks and Recreation

ITEM DESCRIPTION:

Proposed Food Truck OrdinancePREPARED BY:Paul Widman

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“wall’ that would prevent visibility into the park.

Vending should not be allowed adjacent to the Soldiers Field veteran’s memorial.

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Food Truck Agenda Item

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