ORD 2022-11 Amendment of the City Code Regarding Mobile Food Units and Park Special EventsORDINANCE 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 3-1-2.6 of the City Code is hereby amended to revise the following row:
gfty=p=ropertySection
&7-6
25.00
All others
Section 4-24
Costs incurred with
minimum 5500.00
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
442-4: Performance Standards
4424: 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.
1
4-12-2: DEFINITION:
MOBILE FOOD UNIT: A food and beverage service establishment that is: al 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 reauired
under this Chanter
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 reauired 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 Citv 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 bv. 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 slate 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 chanter 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
operate a mobile food unit.
8a 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 reauired 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 adeauate parking on the lot or public street to provide saace for the mobile food
unit as well as satisfy all parking requirements for the property.
E Mobile food units shall not have adrive-through.
F Signage other than displayed on the mobile food unit shall comply with Title 11. Chapter 23 of
t is code.
G Mobile food units shall not use any outside sound amplifying eauiament, 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 aroof, nonabsorbent containers
which shall be keat 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 aublic view if
it is not located on the food truck.
3
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:
aa 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 8-7-3.0 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 Citv
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
chi.
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.
El
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 accented un to one (1) year in advance of the event date
but not less than thirty (301 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 pee or older only.
4 The Citv at its sole discretion reserves the right to deny any special event application.
5 An application for a special event under this chaster 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 temaorary home and business address, shone number.
and email address of the applicant.
c The dates and hours of the special event.
d A site clan of the nark or other city property showing the location of the special
event and any temaorary structures.
e Written description of the event including the anticipated number of attendees
use of any temaorary structures, the conduct of any retail sales. the provision or
availability of alcoholic beverages, use of portable generators, exterior lighting
fixtures, signs, amplified sound systemsnumber 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.
5
7 Approval or denial of an application shall be given within ten (101 business days of receipt
oI 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 eiven 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 nark. unless otherwise approved.
4 Temporary objects suns, and banners shall be removed from the aarl< 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 recvclables and Zarba�e in
on -site receptacles The permit holder may be reauired 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 Parl<s and Recreation Department.
8 The Parks and Recreation Department may require the permit holder to employ at their
own expense such security personnel necessaryto protect maximum numberof persons
0
in attendance and to preserve orderin 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 away to limit noise to the to the surrounding
residential areas as determined by Parks and Recreation Department staff.
10. The Parl<s 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 Citv
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 34-2 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
Rulsi
B. The applicant shall Bien 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 Citv reserves the right at the discretion of the narks 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.
INFLATABLES: Use of inflatable recreation equipment within city parks for private or special
events shall require approval of the Parl<s and Recreation Department subject to the followins
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.
7
39 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.
49 All guests shall follow the rules and guidelines ofthe 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.
6a 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)�enerator 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: MOORES
SECOND BY: DAHL
ALL IN FAVOR: STOCKAMP, DARKENWALD, GOEDE, MOORES, DAHL
THOSE OPPOSED: NONE
ADOPTED by the City Council of the City of Otsego this 13t" day of June, 2022.
CITY OF OTSEGO
ATTEST:
Audra Etzel, City Clerk
!3
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
1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/18/2022 and the last
insertion being on 06/18/2022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper(s
circulation is in the latter county.
By, --
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/18/2022 by Rhonda Herberg.
Notary Public
DARLI�f�E f�AR1E MACPHERSON
Nt�1'ARY PUBLIC - MINNESOTA
Niy Commission Expires Jan 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23,00 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2022-11
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, Min-
nesota.
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 or- orsEGo
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota Statutes
412,191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the' ordinance are avail-
able for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
June 18, 2022
1237477
Ad ID 1237477