Eureka Springs City Council convened for a workshop Monday to consider recommendations regarding what to include in an ordinance regarding food trucks in town. Mayor Butch Berry had appointed a food truck committee comprised of alderman Bob Thomas, city clerk/treasurer Ann Armstrong and former Planning chair Steve Beacham, and their proposal was before council. It appeared no one at the council table was opposed to having food trucks, but settling particulars inspired rancor and discord.
The proposal stated that property owners, not food truck vendors, would apply to enter an annual lottery for permits to host a mobile food vendor and those selected would negotiate with vendors to operate on those properties. Six permits would be issued – five for hosting a single food truck and one larger site for hosting as many as four. Sites for hosting a single food truck were to be limited to one on Main Street from US 62 to the northern city limit, one on White Street, one on a section of Kingshighway and two on US 62/Hwy. 23 South. The opportunity to host as many as four food trucks would also be on either US 62 or Hwy. 23 South.
This plan would allow a maximum of nine mobile food vendors in city limits.
Alderman David Mitchell observed the section of Kingshighway as described seemed to serve possibly only property, but the discussion identified at least four possible locations.
Newly-seated alderman Kristi Kendrick did not like limiting the number of mobile food vendors unless there were a “good public reason.” She also said issues like bathroom access, trash cleanup and safety considerations needed to be included in an ordinance, and Armstrong assured her those were part of the proposal.
Alderman James DeVito pointed out the city regulates taxis and animal-drawn carriages, for example, because they use public throughways as part of their business, so he maintained council could regulate the number of food trucks. Mitchell added other cities have strategies for regulating the number of mobile food vendors.
Victor Smith, who operates a food truck business, stated all he has been looking for is a chance to conduct business on Friday and Saturday nights between 9 p.m. – 2 a.m.
Alderman Mickey Schneider did not like the proposal being discussed. She posited what if a vendor goes to the trouble to set up the food truck and the property owner host decided to cancel the agreement after one or two days? Alderman Terry McClung held that such a situation was not anything council could control, and Schneider proclaimed, “Yes, it is our problem!” and expressed her indignation until Berry intervened.
Mitchell acknowledged the work Planning and the committee had put into its research, and Thomas pointed out, “There are lots of perspectives, and the ordinance cannot be crafted from only one perspective.”
Schneider decried there were no experienced food truck people on the committee, and disagreed with using the experiences of other cities like Fayetteville because Eureka Springs is like no other city. She said she presented council with a workable plan a year ago which was to create a food truck franchise and have it operate late on Friday and Saturday nights from a downtown location so barhoppers would have a place to get a bite to eat. Referring to the proposal being discussed, she lamented, “This could be a disaster.”
Armstrong answered that the committee considered input from mobile food vendors, shopkeepers, hotel staff, citizens who like food trucks and those who don’t. “This is a compromise. We just wanted to get things started.” Schneider was less than convinced, and repeated her reasons.
Berry again interrupted to ask for the group to work toward solutions.
Interested observer Peg Adamson said she saw food trucks as part of the entertainment and food offerings in town, and did not think they would hurt anyone.
Berry responded they were not debating whether to have food trucks, but trying to craft City Code to accommodate them. Otherwise, the city will not be able to allow them.
Mitchell looked to find common ground, and McClung agreed the proposal before them covered the issues he might have. “This is a compromise. I’m in favor of endorsing what they came up with. Let’s give it a try.”
Schneider still contended the proposal “slaps the boys [food truck vendors] in the face.” She wanted food trucks close to the middle of downtown because visitors are not familiar with other locations.
Smith mentioned setting up his truck in the parking lot near Chelsea’s Bar on Center Street. Mitchell commented they could add that location to the proposal, and McClung suggested adding the lot just down the street. In the end, council altered the proposal to include a section of Center Street instead of White Street.
DeVito said he preferred not to add too many new locations to the proposal because he expected some of the food vendors would show up for the busy seasons and then go to New Orleans or wherever. He claimed restaurants would take a dramatic hit.
“This is not about me,” he stated. He said he represented Ward 2 and all the businesses within it, which includes several food establishments. He noted there are only so many meals that would be purchased, and the problem is not with the local vendors such as Smith. His concern was the fly-by-nighters who are not invested in the town and will impact locals who are.
Schneider claimed no locals would be affected because the food trucks, according to her plan, would operate after hours. “This has gone from a molehill to a mountain,” she remarked.
“It’s a compromise to find a way to get it started. No one gets everything she wants!” Armstrong asserted.
DeVito pointed out mobile food vendors do not pay property taxes that brick and mortar businesses must budget for. Nevertheless, he saw limiting the hours food trucks could operate as overstepping by council because it would interfere with the vendor’s ability to earn a living.
As time ran out, Berry said he would get the city attorney to prepare an ordinance out of the discussion and present it at another workshop, time and date to be announced.