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Commission rejects proposed food truck zone location

Commission rejects proposed food truck zone location

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – City officials have decided not to create a designated food truck zone at the northwest end of Bayfront Park, nor will there be a designated food truck area at City Pier Park.

So far, an alternative location has not been proposed.

The Anna Maria City Commission voted 5-0 on Oct. 13 to deny on second reading the adoption of a city ordinance that would have created a designated food truck zone at Bayfront Park.

The city’s efforts to create a designated food truck zone are in response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020. The state law preempts the regulation of food trucks and other mobile food dispensing vehicles to the state and prohibits local governments from enacting or maintaining outright bans on food trucks or requiring non-state-issued licenses, registrations, permits and fees for food truck operations.

In the past, the city of Anna Maria required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.

When the creation of a designated food truck zone was first discussed on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”

On Aug. 11, City Attorney Becky Vose presented the commission with the first reading of a city ordinance that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.

Commission rejects proposed food truck zone location
The proposed food truck zone location at Bayfront Park was depicted in this map presented during the Aug. 11 meeting. – City of Anna Maria | Submitted

During that meeting, several residents and residential property owners expressed opposition to the proposed Bayfront Park location be- cause of its proximity to several residential properties. Some suggested the food truck zone be located at City Pier Park instead, which is home to the city’s seasonal farmers market, but the City Pier Park location never garnered any serious consideration from the mayor and commission.

The Oct. 13 food truck discussion began with Murphy noting that he and the commissioners had received numerous emails expressing opposition to the proposed Bayfront Park location.

“My recommendation is to deny adoption of this ordinance and then staff can reconsider this issue and we can take a look at other options as necessary at some point in the future without a definitive date,” he told the commission.

Murphy did not mention any alternative location for the city’s designated food truck zone. During previous discussions, Vose noted some Florida cities restrict food truck operations to specific zoning designations. Anna Maria’s commercial district (C-1) and retail/office/residential (ROR) both allow for restaurant operations.

In response to Murphy’s recommendation, Commissioner Deanie Sebring made a motion to deny the adoption of the proposed food truck ordinance.

Commission rejects proposed food truck zone location
Residential property owner Greg Raupp expressed his appreciation for the mayor and commission’s reconsideration of a previously discussed food truck ordinance. – Joe Hendricks | Sun

Having previously expressed their concerns in emails sent to the mayor and commissioners, potentially impacted property owners Greg Raupp and Robin Massey thanked the commission for responding to their concerns.

After thanking the commission for reconsidering the proposed ordinance, Raupp suggested doing an impact study if and when a new food truck ordinance is considered.

Commission rejects proposed food truck zone location
Robin Massey thanked the commission for rejecting the proposed ordinance. – Joe Hendricks | Sun

“I know that you guys really have a hard job. I cannot express how much I appreciate you listening. Thank you,” Massey told the commission.

In response to those comments, Commissioner Jon Crane said, “We very much appreciate hearing from the citizenry in emails and letters and coming to these meetings. It helps us perform our jobs. So, thank you.”

Sebring said she appreciated how many people voiced their opinions about the proposed food truck zone.

“I completely understand. This is the way it’s supposed to work. People actually came and voiced their opinion rather than sat home and got angry that it went through,” she said.

Commission Chair Carol Carter agreed, saying, “This was something the state said we had to make available for this type of business. We were as much taken back, initially, as all of you. We tried to work through it and we definitely need to rethink this.”

Proposed food truck regulations stalled

Proposed food truck regulations stalled

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – City officials are pumping the brakes on their efforts to create a designated food truck area at the northwest end of Bayfront Park.

With potentially impacted residents and property owners expressing opposition and city commissioners voicing concerns, further commission discussion and decision-making has been delayed until Oct. 13 at the earliest.

The designated food truck area is the city’s response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020 that gives the state the sole authority to make regulations regarding food trucks and other mobile food dispensing vehicles.

The state law prohibits local governments from enacting or maintaining outright bans on mobile food dispensing vehicles and prohibits local governments from requiring non-state-issued licenses, registrations, permits and fees for food truck operations.

In the past, the city required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.

When first discussing the need for a designated food truck area on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”

The city commission was presented with the first reading of a city ordinance on Aug. 11 that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.

When presenting the ordinance on second reading and anticipated final adoption on Aug. 25, City Attorney Becky Vose also presented an accompanying city resolution that wasn’t discussed on Aug. 11. The location of the designated food truck area will be established by city ordinance and the rules and regulations for food truck operators will be established by a city resolution that can be more easily revised as needed.

The resolution proposes a limit of four food trucks operating on a first-come, first-served basis from 10 a.m. to 6 p.m. on Friday, Saturday and Sunday – including any holidays that fall on those days. The resolution also contained language that stated the food truck operators must comply with all city ordinances, including the noise ordinance.

 Public input

Daniel Massey owns the home on North Shore Drive located closest to the proposed food truck area. He asked the commission to include a decibel-specific noise limit on the food truck operations and require the food truck generators to face the park and not his home, which serves as a part-time residence and a part-time vacation rental. He also expressed concerns about rodents being attracted to the food truck area.

Massey said he owns restaurants in Texas and he suggested allowing food truck operations on Monday, Tuesday and Wednesday, when food truck operators may be less inclined to set up shop in Anna Maria.

Representing some potentially-impacted property owners, attorney Christopher Berg said, “The proposed location would allow businesses to operate next to residential properties. The proposed food truck area would be in conflict with the character of the community.”

Greg Raupp owns the home across the street from Massey’s. He said he and others were shocked when they learned of the proposed Bayfront Park location that he opposes for several reasons, including noise, smell, rodents, traffic safety and congestion. Raupp asked the commission to delay its vote so the proposed location and regulations can be further evaluated.

Kerry Kotouc owns a home on North Bay Boulevard and has been visiting Anna Maria since she was a child. She referenced a Joni Mitchell song and equated the proposed Bayfront Park location to paving paradise and putting up a parking lot.

“I cannot comprehend a more inappropriate location to put food trucks,” she said.

She suggested City Pier Park as a better location and noted that the park is already used for the city-sponsored farmers market.

Proposed food truck regulations stalled
City Pier Park has been suggested as an alternative location for the designated food truck area. – Joe Hendricks | Sun

Kotouc mentioned the long wait times experienced at local restaurants on weekends and expressed her belief that food trucks would provide additional dining options without hurting those restaurants.

North Bay Boulevard resident John Cella said he and many others are not thrilled about the proposed Bayfront Park location and he expressed support for the City Pier Park location instead.

City Pier Grill operator Brian Seymour said he’s not opposed to a designated food truck zone, but the regulations contained in the resolution need more work. Seymour said food truck operators rely on generators because there’s usually no electricity provided. He suggested installing electrical outlets to alleviate the need for generators.

Murphy said he liked that idea. Carter asked if the city could charge vendors for the electricity used. Murphy said the cost to recoup those costs might exceed the cost of providing the electricity for free.

 Regulatory concerns

Vose has repeatedly said the city’s food truck regulations have to be considered reasonable by the state. She has also said she’s not aware of existing case law that can guide the city in these efforts.

During last week’s meeting, Commissioner Jon Crane said the proposed Bayfront Park location is “the least obnoxious alternative.”

Commissioner Robert Kingan was pleased when Vose said she believes the city can limit food truck operations to three days a week. Commissioner Mark Short questioned the Friday allowance and suggested food trucks only be allowed on Saturdays and Sundays.

Regarding generator noise, Commissioner Carol Carter asked if the city resolution could be used to specify which types of generators food truck operators use. Vose suggested addressing generator noise through the city’s noise ordinance, which Murphy said needs to be revised.

When Short asked if the city could lease the designated spaces to food truck operators, Vose said the state might consider that to be imposing a fee.

Short questioned whether food truck operators would drive out to Anna Maria on a first-come, first-served basis that doesn’t guarantee them a spot and he asked if the city could use a reservation system. Vose said that might be considered registration, which the state prohibits.
“The more innovative we are, the more likely we are to be sued,” Vose said.

Anna Maria pursuing food truck ordinance

Anna Maria pursuing food truck ordinance

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – City officials have begun working on a new city ordinance that would specify where food trucks are allowed to operate within the city limits.

The yet-to-be-drafted ordinance is also expected to specify how many food trucks are allowed to operate in the designated food truck area at a time.

Mayor Dan Murphy initiated the discussion during the commission’s July 28 meeting. Once adopted, the city ordinance will serve as the city’s response to a state law the Florida Legislature and Gov. Ron DeSantis enacted in 2020.

Referred to by some as the “Food Truck Freedom Legislation,” the state law bars local governments from prohibiting food truck operations within a local jurisdiction. The state law also bars local governments from requiring a local license, registration or permit for those operations.

“The state of Florida passed a law that stipulates that cities cannot regulate food trucks. They could, in essence, park right outside of a restaurant in the right of way and sell pizzas, tacos, ice cream or whatever,” Murphy told the commission.

The mayor said he asked City Attorney Becky Vose to research the city’s regulatory options.

Vose said the city can’t prohibit food trucks citywide or require a city-issued permit, but can regulate in a reasonable manner where they conduct their business.

Commissioner Robert Kingan asked Vose if the state law specifies how many food trucks must be allowed to operate at a given time, or how large the designated area must be.

“It’s not a number, it’s an area where they can be located,” Vose said.

Vose said no case law has been established yet regarding cities’ ability to respond to the state law, and Murphy said the city would likely be “on the bleeding edge” of the local regulatory efforts.

Vose said the city can specify where food truck operations are allowed, but she doesn’t think a single food truck parking space would satisfy the state law.

Anna Maria pursuing food truck ordinance
The state of Florida does not allow cities to prohibit food trucks. – Clip-Art Library.com | Submitted

Kingan asked if the Roser Memorial Community Church parking lot on Pine Avenue could serve as a designated food truck area. Vose said the designated area could be located on private or public property, depending on how the city ordinance is written.

Murphy asked the commissioners to initially focus more on where the food truck area or areas would be located and less on the number of trucks allowed.

“The location is going to be the ticklish part and I really need your input,” Murphy said when noting there will likely be many differing opinions on the commission and in the community.

Murphy said he hopes he and the commissioners receive additional input from city residents during their individual conversations with city officials, during a future city meeting or by email. The mayor and commissioners’ email addresses can be found on the city website, www.cityofannamaria.com.

“We need to find a nice, reasonable place where this could work,” Murphy said.

Commissioner Jon Crane said he doesn’t want the food trucks located anywhere along Pine Avenue.

Commissioner Mark Short said he doesn’t want food trucks doing business in the city’s residential areas.

Commissioner Deanie Sebring suggested using the vacant lot used to store gravel and other materials near the entrance to the city. Murphy said that property is privately owned and is not controlled by the city.

City resident David Haddox suggested also allowing food trucks on Pine Avenue during special events.

Kingan suggested using a portion of the Bayfront Park parking lot along North Bay Boulevard as the city’s designated food truck area – and it was later noted that a portion of that city-owned parking lot is located across the street from vacation rental homes rather than permanent residences.

“Somewhere over there might be the best place. It’s a minefield trying to figure out a place that everybody’s going to be happy with,” Kingan said.

“We’ve got to do something. The whole city is fair game until we do something. If we make a mistake, we can always correct a mistake,” Murphy said.

The food truck discussion is expected to continue at the commission’s Thursday, Aug. 11 meeting which starts at 2 p.m.