Proposed Ordinance 2249, “An Ordinance Regulating Food Trucks and Trailers” appeared on the agenda at Monday’s city council meeting 18 months since aldermen first discussed a food truck proposition at the June 8, 2015 meeting.
Alderman Mickey Schneider found pitfalls with the proposed ordinance, but her primary objection was in Section 10 which states, “Property permit holders shall insure that the FTT [food truck or trailer] is located at least 100 feet from any restaurant unless permission has been given by the restaurant owner…” Schneider insists that brick and mortar restaurants are not subject to such a restriction so it would be discriminatory to place the restriction on food trucks.
“You’re gonna lose your butts on Number 10… it’s a foregone conclusion… it will triple our legal fees,” Schneider claimed.
She also wondered why the City Advertising and Promotion Commission would be included in a list of regulatory authorities, and said Section 7 did not completely account for possible consequences caused by problems between property owner hosts and the FTT owners.
Nevertheless, alderman David Mitchell had no problem moving to assign the proposed ordinance a number and put it on its first reading, and alderman Kristi Kendrick seconded his motion. The vote on his motion was 4-1, Schneider voting No.
“I’m not going to be responsible for the city getting sued,” she protested.
After City Clerk/Treasurer Ann Armstrong read the document, Mitchell moved to approve the first reading, and again the vote was 4-1, Schneider voting No.
Schneider asked, “Is anybody going to look into my points or are you going to proceed and get the city sued?”
Mayor Butch Berry asked city attorney Tim Weaver his opinion about Schneider’s discrimination claim. Weaver said he had no problem with the ordinance. He said the ordinance added a land use by allowing a food truck, and the city would be giving the property owner hosts and FTT operators something they did not have before.
Resolutions approved
# 691, a 2016 budgetary adjustment for the Cemetery Commission.
# 692, called the Third Quarter Budget Review, which resulted in a positive for the city’s budget.
#693, temporarily reclaiming an alley from Parks’ jurisdiction for the purpose of allowing a ramp to be built to accommodate a senior individual.
#694, removes the requirement of paying for parking meters on Spring and Main Sts., and establishes free two-hour parking in December.
#695, authorizing the application for and acceptance of a grant from the Northwest Arkansas Economic Development District for $6,200 to fund a cultural resource survey for Eureka Springs. Berry said the survey is required by the state and is related to the Big Dig of the spring of 2015.
Other items
- Aldermen approved seating Doug Breitling to fill a vacancy on the Planning Commission and the re-nomination of Dee Bright to her seat on the Historic District Commission.
- Berry mentioned there are vacancies on the Hospital, Parks and Cemetery Commissions.
- Berry stated any prospective Uber driver or other taxi business would have to come before council for approval to obtain a Certificate of Public Convenience and Necessity in Eureka Springs.
Next meeting will be Monday, Nov. 28, at 6 p.m. There will be a budget workshop beginning at 5:15 p.m. preceding the meeting.