Eureka Springs city council held a workshop Monday to discuss a proposed ordinance regarding how to fit food trucks into City Code. Discussion began with consternation and 75 minutes later ended with discontented muttering. Nevertheless, an amended ordinance will be tossed around at the Nov. 14 meeting.
To begin, Mayor Butch Berry suggested aldermen go through the ordinance paragraph by paragraph and discuss points as they go.
“This is the biggest pile of legal crap I’ve ever seen,” alderman Mickey Schneider insisted. She said with heightened agitation she had told council more than a year ago all that was needed were two franchises for a couple of food trucks to operate downtown on Friday and Saturday nights. “I’m the one who brought this forward,” she claimed, and in dismissive flourishes demeaned several sections of the document.
“Do you have any constructive criticism?” Berry asked Schneider.
She continued to find flaws with section after section. She asked what would happen if a merchant who by lottery is chosen to host a food truck but then decides not to have the food truck. What would happen to the food vendor? And why was the CAPC even mentioned in this document?
“You’re going to get your butts sued off and you’ll lose big time,” she proclaimed. She protested the section that imposed a 100-ft. distance between mobile vendors and established restaurants. “It’s discrimination and you’ll lose,” she asserted.
Alderman David Mitchell, in a calmer tone, stated the proposed ordinance came from a qualified group of individuals who listened to public input before compiling it, followed by additions by the mayor and the city attorney before presentation to council.
Mobile food truck vendor Victor Smith said all he had ever wanted was the ability to operate two nights a week. He said he was okay with most of the ordinance, and as he made his objections, aldermen were able to point out how the ordinance addressed his concerns.
Smith stated right now he is the only mobile food vendor although the ordinance is written to allow as many as nine. Berry pointed out more would show up if he is successful, and alderman James DeVito added the ordinance is written so food trucks can fit in City Code, not to accommodate any particular vendor.
DeVito also posited that by allowing nine mobile food vendors, the city increases the competition among restaurants by 10 percent. He suggested starting with a smaller number.
Alderman Bob Thomas, who was part of the committee that worked to create the ordinance, said he was supportive of the idea of creating a food truck court with as many as four trucks, but was also okay removing the food court from the ordinance. That would put the number of permits for hosting food trucks at five.
City Clerk/Treasurer Ann Armstrong, who was on the food truck committee, commented she has a list of property owners who want to host a food court, but agreed that she would not want to “kill the deal” by insisting on it.
Schneider restated that all the city ever needed was a franchise agreement with two vendors who would work two nights a week downtown.
Sentiment, except for Schneider, was to reduce the possible number of permits to five.
“The whole reason was to have them downtown,” Schneider protested. “You’re wasting time if you pass this because you’ll be sued.” She insisted visitors would not know if a food truck were somewhere down Main Street, and they would not drive there anyway and risk losing a parking spot. “The point was visitors,” she said.
“What you want, you’re not going to get,” Thomas said to Schneider.
“Our responsibility is to the people,” she replied. “It will fail, and you’re responsible,” she tossed back.
Aldermen and Smith strategized how, after the five property owners are chosen by lottery, it would be possible for him to negotiate to operate at more than one location. It would be up to the property owners to make arrangements with the mobile vendors. Alderman Terry McClung pointed out if there are not enough vendors, some of the spots will be eliminated naturally.
More discussion led to other points in the document being fine-tuned.
“I won’t vote for anything that will get the city’s ass sued off, and there are half a dozen lawsuits here,” Schneider contended.
“We have over-argued this,” Kendrick stated. “It [the ordinance] is ready to go,” to which Schneider pointed to a perceived vagueness in Section 2.
Berry said the revised ordinance would be ready for the next council meeting.