FOOD FOR THOUGHT

Food trucks operating within Newton city limits may see some level of regulation within the next year, but for now council members want staff to continue researching the subject and provide them with more information before a final ordinance is drafted for approval.

The city recently introduced a possible ordinance to its planning and zoning commission that would specifically affect mobile food vendors. Newton Community Development Director Erin Chambers identified food trucks as a “growing trend that does not appear to be going away.”

By examining similar regulations in other cities throughout the state and gathering feedback from staff and the Iowa Department of Inspections and Appeals (DIA), community development was able to develop its first draft for the planning and zoning commission.

“The general consensus was that the proposed ordinance provided adequate regulation without being overburdensome,” Chambers said. “There was discussion about making the playing field a little more even between our heavily regulated brick-and-mortar restaurants and these mobile food trucks.”

Generally, food trucks are regulated by the DIA, as are other food businesses like restaurants, bars, cafeterias, farmer’s markets, bakeries, etc.

Chambers suggested the ordinance does not want to be too strict so as to not to harm the “vibrancy and excitement” food trucks often bring to their districts.

Chambers said some of the elements of the proposed ordinance include: a definition of a “mobile food vendor” versus push carts or route sales, the establishment of an annual city license and the implementation of a city inspection process. There would also be signage limitations.

Food trucks would also have to follow a list of “basic standards.” Under this new ordinance — which has not yet been read before city council — food trucks would not be allowed in residential area except when serving a private special event and would be prohibited from being left unattended overnight.

Operators would also have parking stipulations and must maintain clearances from buildings. Food trucks could not spend more than three days in a row at one specific location and would need to maintain a 200-foot distance from brick-and-mortar restaurants unless a signed consent form is submitted.

If the ordinance is brought before council, it would be subject to three readings before being considered for adoption.

Ordinance was first proposed at P&Z commission meeting

While food trucks have been occasionally spotted throughout the community, Chambers said they are most often found near DMACC’s Legacy Plaza.

Kim Didier, executive director of DMACC Business Resources, told the city’s planning and zoning commission in March that food trucks became a vital component for the DMACC campus businesses negatively impacted by the COVID-19 pandemic.

Didier said food trucks at Legacy Plaza — which is expected to be further developed in the near future — have and will continue to play a role in impacting the quality of life and placemaking in Newton.

Several kinds of food trucks make their way to Legacy Plaza on a regular basis. Kim Huffman, the food truck coordinator for Gezellig Brewing Co., expressed the benefits of having nearby vendors for the brewery’s thirsty customers.

“The food trucks and vendors have brought a lot of new and fun food to Newton,” Huffman said. “It’s like a special big city treat coming to a smaller town. We don’t have so many that we are inundated, but we have enough variety to make it a fun option.”

Food trucks have been booked at Legacy Plaza through September. At the planning and zoning commission meeting, Didier expressed her concerns with the timing for implementing the ordinance. According to the meeting minutes, Didier wished to see the requirements implemented in an appropriate fashion.

All mobile food unit owners and operators should be informed, she said, of the requirements and the logistics of scheduling inspections, and that submitting applications are planned out well in advance. Didier said October 2021 would be an appropriate time to implement the ordinance and allow time for outreach.

In addition to ensuring food truck operators are in compliance with local and state requirements, Newton City Planner Brian Dunkelberger told the planning and zoning commission the fundamental motivation behind the ordinance is fire safety and should be considered in their review of the ordinance.

Dunkelberger offered options regarding possible compromises to the timing concern, such as including an effective date to be listed within the ordinance. Dana Woody, chair of the city’s planning and zoning commission, agreed with Didier and recommended the requirements should go into effect January 2022.

The commission approved the recommendation in a 6-0 vote.

Council weighs in on the proposed ordinance

Almost two months after the initial planning and zoning commission meeting, Chambers said city staff has held onto the ordinance internally and would have plans to move forward with the timing of an ordinance review with city council to align with the commission’s recommendation.

Unless, of course, staff received consensus from city council at the May 3 meeting to bring the ordinance forward earlier. Chambers opened the discussion up to questions from council members.

Councilperson Steve Mullan asked who would be in charge of inspecting food trucks for health purposes. Chambers said that responsibility falls onto the DIA. In the city’s drafted ordinance, however, there is a role for the Newton Fire Department to inspect units for paperwork and fire hazards.

“As part of the packet that planning and zoning commission received on March 16, there’s a very nice fire standard handout done nationally about fire standards for food trucks. So we would utilize that handout as well in the process,” Chambers said.

Newton Mayor Mike Hansen asked if the application process is for staff approval after inspection and if a specific fee will be proposed. Chambers said the ordinance does stipulate an application process, and a fee would need to be adopted by council by resolution.

Chambers also said staff received feedback from local, brick-and-mortar restauranteurs who question the fairness of food trucks not having to pay property tax and still serving as competition. From a staff perspective, Chambers said some degree of an application fee would be appropriate.

“If you’re looking at cities all over Central Iowa, they are kind of all over the place. We would want to do something, again, that would be appropriate but not overburdensome. I think a district or a mixed use neighborhood like Legacy Plaza is a unique location. I think DMACC could carry an application.”

Some of those specific details have not been sorted out, Chambers said.

Councilperson Randy Ervin developed a scenario in which a food truck set up outside Dan’s Sandwich Shop in Newton. He asked if the city will add any regulations to keep the mobile vendors from “setting up shop” in direct competitive distance from a similarly operated restaurant.

Chambers said, “Absolutely. The ordinance that planning and zoning commission reviewed did have a distance requirement from brick-and-mortar restaurants of 200 feet, unless they received a sign-off by all nearby restaurants.”

So if the owner of Dan’s Sandwich Shop decided having an ice cream truck parked next to his business was a benefit, Chambers said he might want to sign paperwork approving of the mobile vendor’s placement. However, if it was a loose meat sandwich truck, the owner may not want to sign consent forms.

Councilperson Craig Trotter asked how that would be any different than a competitor coming in and building right next to another restaurant. Chambers said the difference is the competing brick-and-mortar businesses has “the same playing field” when it relates to property taxes and expenses.

When Hansen asked how council members wanted staff to proceed with the ordinance, Trotter suggested the city could wait. Other council members agreed they wanted the city to provide more information. Councilperson Evelyn George said there’s lot to the ordinance.

“It would be good for us to at least have a chance to read it in advance,” George said. “… Because it’s too much to swallow in one bite.”

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com