The Levelland City Council met Monday evening during their regularly scheduled meeting at City Hall which resulted in reevaluating the hot topic of food trucks in addition to passing several amendments for future project needs.
Broken into two agenda items, Ordinance No. 1071 and Ordinance No. 1072 were both up for consideration and approval for their first reading.
City Manager Brandon Anderson explained that No. 1071 consisted of the regulations of mobile food vendors while No. 1072 focused on amending the code of ordinances in regard to permit fees for mobile food units.
City Attorney Matt Wade began the discussion by addressing multiple concerns Councilman Stueart had during in a prior closed-door meeting.
A concern over the regulations regarding restrictions on mobile food vendors in residential and multi-family zones.
During the public comment portion at the beginning of the meeting, whomever raised the concern that potential mobile food vendors could be hired in the capacity of catering for social functions such as birthday’s, special events, church events, etc.
Wade offered scenarios for further discussion that saw possible time changes or allotting a certain amount of time to accommodate a mobile food business to operate in residential areas for events such as those.
Wade would also explained that the intent of the regulations regarding the residential portion of the rules is to mitigate mobile food vendors from operating in their driveways or scenarios similar to that effect.
Another question raised was having notarized permission from the property owner to operate if a mobile food vendor was going to conduct business on someone else’s property.
Wade explained that the issue brought to his attention is some property owners may not live in the area or similar to that nature.
He also added that the intent of that regulation is not to make the process more difficult and offered alternative means of having taking care of that step.
Wade added that the intent is avoid scenarios where food truck businesses setup in someone’s parking lot without permission and the property owner calling the city asking why the city allowed the food truck to operate in that area.
A notarized statement from the property owner would check all the boxes, but possibly some type of statement from the property owner that says the food vender is able to operate in that area could also be a possibility.
The statement is primarily for the city to keep on record and should contain accurate contact information if the property owner was ever needed to be contacted.
Food trucks at parks was a question raised which Wade addressed. With the parks falling under city property, the City of Levelland can allow that on a permanent bases if they choose to make that choice, but Wade also added there is a committee in place for large events that deal with safety for street closures and associated responsibilities.
Wade suggested that the committee could be utilized in some sort of manner that could address those request of food trucks operating at parks.
Signage on the food truck’s was brought up in the discussion as Wade explained that the intent is to clearly mark the truck compared to a random mobile structure without signage operating.
Discussion regarding bathrooms was also had as Wade explained the guidelines included in the ordinance comes from the state level. If a mobile food vendor has employees working for the business, then bathrooms must be available.
Wade also added that the business does not have to bring in their own bathrooms or that they must be attached to the structure to satisfy the guidelines.
One example offered is when food trucks conduct business on the downtown square during business hours. With the vendors conducting their business, the courthouse offers public restrooms which fulfills the guidelines.
Additionally, if a food truck is operating in a lot where a business is and has permission from the property owner who has restrooms in their business, that would satisfy the requirements. From a health and safety standard, employees of the food truck are required to have access to restrooms.
However, if a food truck owner is self-employed and the only worker, restrooms are not required. The guidelines only fall for food trucks with employees.
One of the biggest questions regarding the food truck ordinance was the fire suppression systems guidelines which took a bulk of the discussion between council members and Levelland Fire Marshal Jay McKay and City of Levelland Building Inspector Joe Shedd.
Wade opened the discussion explaining that any food truck operating and cooking any food that creates grease vapor is required to have the automatic fire suppression system. He also added that the rule is not any specific rule that the fire marshal or building inspector created, that wording, and regulation is from the 2015 international fire code that was adopted by the City of Levelland as well as additional city neighbors.
Wade added that those regulations from the fire code regarding the fire suppression system are currently in place for brick-and-mortar businesses and restaurants that give off grease vapors through cooking.
The possible option of reworking those guidelines were suggested for further discussion, but Wade also stated that the fire code adopted would possibly be needed to adjust which would require a lot of work if the council wanted to discuss that option further.
After covering the concerns that were brought to his attention, Wade opened the discussion to the council if they had additional items they would like to discuss regarding the ordinance.
Stueart began with mentioning he had received several phone calls discussing the ordinance and shared that he had the same sentiment about the ordinance when reading it for the first time describing it, “anti-food truck.”
“This just says we don’t want your business in our town,” said Stueart. “That is the last thing as a council I’m sure city staff want to happen.”
After mentioning that he had been inundated with phone calls regarding the ordinance, Stueart reiterated that they desire to have their business as more business in Levelland means it is growing.
“If we don’t attract new businesses and families our town is dying,” explained Stueart. “One of the things we can do is look at every different business model there is. Food trucks are the new thing now and they aren’t going away. We need rules and regulations in place, but we do not need to inhibit them.”
Being a proponent of good business, Stueart also mentioned that brick-and-mortar establishments should not be left in the wind as they pay property and sales tax.
Explaining that competition promotes better business, Stueart added there some aspects that he likes and would like to see change in the ordinance.
Councilwomen Breann Buxkemper shared her desire to see food trucks find steady success in Levelland which would encourage them to stay.
“My hope with them is that they see that they are doing well, they want to stay, they want to invest,” said Buxkemper. “It’s not for the variety of options, or that Levelland looks cute with them on the corners. I want to see them do well, make money and invest here.”
Continuing the talk about the fire suppression systems and the requirements Fire Marshal Jay McKay offered more clarity into food truck vendors.
Councilwomen Mary Engledow and Buxkemper gave their concerns as fire suppression systems come with a hefty cost that can easily be between $5,000 and $10,000.
Currently, regardless of brickand- mortar or food truck, if there is not a cooking element to the food production, the fire suppression system is not required.
Examples provided by McKay are Subway located on College Avenue and Mosaic Sandwich and Coffee Shop. Discussing possible “what if’s” amongst the council, scenarios of a business cooking food in a commercial kitchen then loading those cooked items and sold through a food truck would not require the mobile unit to have a fire suppression system. Only a normal fire extinguisher that was properly checked and working properly would be needed.
However, the key term “grease vapors” was questioned by members of the council as reheating food on the food truck that had already been cooked in a commercial kitchen could possibly be considered creating grease vapors.
Engledow offered a comment that was concerned for the owners and food truck businesses when it comes to rising costs to get off the ground when it comes to expensive requirements such as a fire suppression system.
Admitting that there may not be a way around dealing with requiring the system as it is a part of code, Engldow also suggested she would like to revisit portions of the ordinance.
Moving forward after discussion, the council made the motion to send Ordinance No. 1071 back to the planning and zoning commission to adjust and revamp some of the areas of concern.
With the hopes of getting as many eyes and as much input from the community and council, city staff is hoping to bring back the revamped ordinance back to the next regular meeting.
Addressing Ordinance No. 1072, the council found themselves agreeing upon the guidelines and rules set regarding the permitting and unanimously approved it for the first reading.