3.7 Mobile Food Units and Park Special Events
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 13 June 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
Interim Parks and Recreation Director Jacobs
3.7 – MFU/Park Special Events
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends adoption of an ordinance establishing regulations for mobile food units and special
events held on City properties.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
City staff has prepared amendments to the City Code to address special events held in City parks. As part
of this effort, regulations for mobile food units (food trucks) have also been prepared related to events
such as the Otsego Farmers Market held within commercial areas.
The mobile food unit provisions establish a licensing process administered by the City Clerk. The process
essentially requires verification of a state issued license and adequate liability insurance along with other
general performance standards. A City issued licensed license would only be required for operation of a
food truck upon public streets within business zoning districts or upon City properties for public events. A
private party not open to the public would not require a City license and may include parking the mobile
food unit on a City street as allowed by the City Code.
The special event permit procedures for parks address private events that may involve large scale tents,
commercial sales, alcohol sales, etc. to ensure that the event is managed so as not to create conflicts for
other park users and to protect City property. The proposed regulations also address specific allowances
for mobile food units within City parks for these same purposes. Additional provisions address private use
of inflatables within City parks to ensure public safety.
The Administrative Subcommittee discussed the proposed ordinance amendments over several meetings
dating back to Fall 2021, on 11 May 2022 and most recently on 8 June 2022. The Administrative
Subcommittee supported adoption of the proposed ordinance amendments as a consent agenda item at a
future City Council meeting.
SUPPORTING DOCUMENTS ATTACHED:
▪ Ordinance 2022-11
▪ Summary of Ordinance 2022-11
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Ordinance 2022-11 amending the City Code regarding Mobile Food Units and park special
events and approve publication in summary form.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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ORDINANCE NO.: 2022-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AMENDMENT OF THE CITY CODE REGARDING MOBILE FOOD UNITS AND PARK SPECIAL EVENTS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 3-1-2.A of the City Code is hereby amended to add the following row:
Mobile Food Unit Title 4, Chapter 12 $50.00
Section 2. Section 3-1-2.B of the City Code is hereby amended to revise the following row:
Special event permit Section 4-2-4 Costs incurred
City property Section 8-7-6 $25.00
All others Section 4-2-4 Costs incurred with
minimum $500.00
escrow
Section 3. Title 4 of the City Code is hereby amended to include the following provisions:
CHAPTER 12
MOBILE FOOD UNITS
SECTION:
4-12-1: Purpose and Intent
4-12-2: Definition
4-12-3: License Required
4-12-4: Performance Standards
4-12-1: PURPOSE AND INTENT: The purpose of this chapter is to allow and regulate mobile food units in
the City and provide additional limitations for mobile food units within the B-3, General Business
District.
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4-12-2: DEFINITION:
MOBILE FOOD UNIT: A food and beverage service establishment that is: a) a vehicle mounted unit, either
motorized or trailered; b) readily movable without disassembling for transport to another location; or c)
a nonmotorized vehicle self-propelled by the operator.
4-12-3: LICENSE REQUIRED:
A. Prohibited:
1. No person shall operate a mobile food unit in the City without a valid license required
under this Chapter
2. A license as provided for by this chapter shall be issued only to businesses filed with the
Minnesota Secretary of State or individuals 18 years of age or older.
B. Exceptions: No license shall be required for operation of a mobile food unit either located upon
a private property or parked on a public street in accordance with Title 7, Chapter 2 of this code
abutting a private property on which a strictly private event is held.
C. Application Form: An application for a license under this chapter shall be filed with the City Clerk
on a form provided by the City and shall include the following information:
1. The applicant shall be the owner of the mobile food unit.
2. The applicant's full legal name, other names the applicant uses or is known by, date of
birth, and driver's license number or other acceptable identification of the person
applying.
3. The permanent and any temporary home and business address, phone numbers, and
email addresses of the applicant.
4. The license plate number of the vehicle to be used in conjunction with the activity.
5. A certificate of insurance that has been issued to the applicant by an insurance company
authorized to do business in the State of Minnesota verifying that the applicant is insured
against claims arising out of all operations of such applicant under this chapter for the
sum of at least one million dollars ($1,000,000.00) against liability for bodily injuries and
for at least one million dollars ($1,000,000.00) against liability for damage or destruction
of property.
6. Written consent of the property owner from which the mobile food unit sales will be
conducted.
7. A copy of the related license or permit issued by the State of Minnesota required to
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operate a mobile food unit.
8. The dates and hours of the mobile food unit operations shall be specified.
9. A site plan showing the exact location of the mobile food unit shall accompany the
application.
D. License Fee: The required fee shall be submitted with the application in an amount as established
in Section 3-1-2 of this code.
E. Duration: A license granted under this chapter shall be valid until the end of the calendar year in
which it is granted.
4-12-4: PERFORMANCE STANDARDS:
A. Mobile food units in the B-3 District shall only be allowed on private or public parking lots with
the written consent of the property owner and Parson Avenue between 85th Street and 87th Street
provided the service window is facing the sidewalk and provided the food truck is located at least
thirty fee (30') from any street intersection.
B. Mobile foods units shall operate only between the hours of seven o'clock (7:00) A.M. and ten
o'clock (10:00) P.M.
C. Mobile food units shall not interfere with vehicle and pedestrian circulation or emergency vehicle
access and shall comply with all traffic and parking laws.
D. There shall be adequate parking on the lot or public street to provide space for the mobile food
unit as well as satisfy all parking requirements for the property.
E. Mobile food units shall not have a drive-through.
F. Signage other than displayed on the mobile food unit shall comply with Title 11, Chapter 23 of
this code.
G. Mobile food units shall not use any outside sound amplifying equipment, televisions. or similar
visual entertainment devices, lights, or noisemakers such as bells, horns or whistles.
H. All waste, garbage, litter, and refuse shall be contained in leak proof, nonabsorbent containers
which shall be kept covered with tight-fitting lids and properly disposed of. No waste, garbage,
litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, storm drains, or public
trash receptacles.
I. Mobile food units shall provide an independent power supply that is screened from public view if
it is not located on the food truck.
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J. The approved license shall be prominently displayed on the mobile food unit for the duration of
the event.
Section 4. Section 8-7-3.A of the City Code is hereby amended to include the following provisions:
4. Installation of temporary structures, including but not limited to tents, shades, and/or
shall be limited to:
a. Structures with dimensions of less than ten (10) feet in length, by ten (10) feet in
width, and ten (10) feet in height.
b. be freestanding and weighted; stakes driven into the ground shall not be allowed
in city parks
c. Structures shall not be tied or tethered to trees, tables, or other structures.
Section 5. Section 8-7-3.C of the City Code is hereby amended to include the following provisions
with existing sections renumbered accordingly:
F. Commercial Activities:
1. No person shall sell, rent, lease, or offer for sale, rent or lease, any article, thing, or service
whatsoever upon any City park or trail unless associated with a City sponsored event or
without prior approval of a park special event permit in accordance with section 8-7-6 of
this chapter.
2. No person or organization shall sell any intoxicating liquor or 3.2 malt liquor beverages
within any City park or trail without approval of a temporary liquor license by the City
Council in accordance with Section title 4, chapter 1 of this code or with a catering license
and approval of a park special event permit in accordance with section 8-7-6 of this
chapter.
Section 5. Title 8, Chapter 7 of the City Code is hereby amended to include the following
provisions with existing sections renumbered accordingly:
8-7-6: PARK SPECIAL EVENTS:
A. Definition: A special event shall be defined for the purposes of this chapter as any event that is
held on public property, streets, or trails, not part of the expected daily activity at the location,
which may obstruct, delay, and/or interfere with the expected daily activity at the location
including but not limited to, animal walks/runs/athletic races, bike rides, dances, fundraisers,
concerts, craft shows, carnivals, fairs, fitness or wellness classes, and private parties or gatherings.
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B. Procedure: Groups that plan to use City property for their special event shall submit a special
event application in order to request approval of an administrative permit; submittal of an
application is not a confirmation to conduct the special event.
1. Special Event applications will be accepted up to one (1) year in advance of the event date
but not less than thirty (30) days prior to the event date.
2. Requests for inflatables or tents larger than 10 feet by 10 feet must be submitted at least
two (2) weeks prior to the event.
3. Permits will be issued on a first-come, first-served basis and will be issued to individuals
18 years of age or older only.
4. The City at its sole discretion reserves the right to deny any special event application.
5. An application for a special event under this chapter shall be filed with the Parks and
Recreation Department on a form provided by the City and shall include the following
information:
a. The applicant's full legal name, date of birth, and driver's license number or other
acceptable identification of the person applying.
b. The permanent and any temporary home and business address, phone number,
and email address of the applicant.
c. The dates and hours of the special event.
d A site plan of the park or other city property showing the location of the special
event and any temporary structures.
e. Written description of the event including the anticipated number of attendees,
use of any temporary structures, the conduct of any retail sales, the provision or
availability of alcoholic beverages, use of portable generators, exterior lighting
fixtures, signs, amplified sound systems, number of people responsible for
conducting the event, including security, or other details determined relevant by
the Parks and Recreation Department.
6. Fees for a special event shall be set forth in Section 3-1-2 of the City Code. All fees are
due at the time the permit is issued. Failure to submit fees and requested documentation
in a timely manner may result in the delay of the permitting process or cancellation of the
special event.
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7. Approval or denial of an application shall be given within ten (10) business days of receipt
of the complete application.
8. The applicant shall be required to sign a Facility Usage Release and Indemnification
Agreement at the time of application.
9. Cancellations:
a. No refunds shall be given due to weather conditions unless the park facilities
are officially closed.
b. The application fee is not refundable.
c. Cancellation within less than one (1) month of the reserved date shall result in
the forfeiture of the event fee.
C. Requirements:
1. The permit holder shall be responsible for securing all additional services and amenities
not provided by the City (i.e. portable toilets, waste receptacles, picnic tables, signage
and public safety assistance).
2. The permit holder shall be on-site during the entire event including set-up and clean-up
of the event. A copy of the issued permit must be retained during the entire time of the
rental and shown upon request.
3. Events are restricted to the public hours of the park, unless otherwise approved.
4. Temporary objects, signs, and banners shall be removed from the park property at the
conclusion of the event.
5. Tents, booths, and canopies shall be shown on the site plan and are only to be placed in
areas that have been pre-designated by Parks and Recreation Department.
6. The permit shall be responsible for the proper disposal of all recyclables and garbage in
on-site receptacles. The permit holder may be required provide additional facilities for
disposing of solid wastes in compliance with State and local laws and regulations.
7. The permit holder may be required to provide additional sanitary facilities as
determined necessary by Parks and Recreation Department.
8. The Parks and Recreation Department may require the permit holder to employ at their
own expense such security personnel necessary to protect maximum number of persons
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in attendance and to preserve order in and around event site as determined by the City.
9. If amplified music and/or speaking is utilized, the amplified music and/or speaking shall
only be during park hours for a period of four (4) hours or less between the hours of
7:00 a.m. – 9:00 p.m. Monday-Friday, and 9:00 a.m. – 9:00 p.m. on weekends and legal
holidays, unless approved by Parks and Recreation Department staff. Amplified
speakers are required to be positioned in a way to limit noise to the to the surrounding
residential areas as determined by Parks and Recreation Department staff.
10. The Parks and Recreation Department may require any additional conditions reasonably
determined necessary by the City at its discretion to protect health, safety, and general
welfare.
8-7-7: MOBILE FOOD UNITS: The selling of food and beverages via a mobile food unit within City
property shall require license issued in accordance with title 4, chapter 12 of the City Code and approval
of the Parks and Recreation Department, including payment of any fee as established by Section 3-1-2 of
this code, and the following provisions:
A. Reservation or special event permit holders shall be responsible for this section to the mobile
food vendor that will be catering the event. If the reservation permit holder does not have a
preferred vendor selected at the time of making their reservation, they can contact Parks and
Recreation staff at a later date to verify if their preferred vendor is permitted to vend food in City
parks.
B. The applicant shall sign a Facility Usage Release and Indemnification Agreement, which must be
submitted a minimum of two (2) weeks prior to the event.
C. Vendors shall remit the required fee by contacting the Parks and Recreation Department.
D. The City reserves the right at the discretion of the parks and recreation department to deny any
mobile food vender access to parks or other city property based on previously scheduled events,
anticipated congestion and safety issues, or inadequate parking area.
E Vendors will be provided with a day/event permit provided by the Parks and Recreation
Department that shall be prominently displayed for the duration of the event.
8-7-8: INFLATABLES: Use of inflatable recreation equipment within city parks for private or special
events shall require approval of the Parks and Recreation Department, subject to the following
requirements:
1. Equipment that uses water (i.e. dunk tanks, water slides, slip-n-slides) shall not be allowed.
2. The dimensions of the inflatable shall not exceed 30 feet wide by 30 feet long by 15 feet in height.
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3. Inflatables shall be freestanding and weighted as stakes are not allowed in city parks unless
approved by the Parks and Recreation Department and inflatables shall not be tied or tethered to
trees, tables, or other structures.
4. All guests shall follow the rules and guidelines of the inflatable manufacturer and owner for safety;
no combative activities such as wrestling, boxing, or jousting shall be allowed.
5. The permit holder shall supervise the use of the inflatable to safeguard guests, participants,
spectators, and passersby.
6. Not more than one (1) inflatable is allowed in a neighborhood park and more than one (1)
inflatable in a community park or community playfield may be allowed by approval of the Parks
and Recreation Department.
7. One (1) generator with a capacity of 3,000 watts or less is allowed per inflatable.
Section 6. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 13th day of June, 2022.
CITY OF OTSEGO
BY:_____________________________
Jessica L. Stockamp, Mayor
ATTEST:______________________________
Audra Etzel, City Clerk
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ORDINANCE NO.: 2022-11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AMENDMENT OF THE CITY CODE REGARDING MOBILE FOOD UNITS AND PARK SPECIAL EVENTS.
NOTICE IS HEREBY GIVEN that on June 13, 2022, Ordinance 2022-11 was adopted by the City
Council of the City of Otsego, Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code
pertaining to mobile food units and special events on City properties.
ADOPTED by the City Council of the City of Otsego this 13th day of June, 2022.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk