HASSO HERING

A perspective from Oregon’s mid-Willamette Valley

Food trucks: Council considers many rules

Written May 25th, 2021 by Hasso Hering

After dark, strings of lights prove useful at these food trucks on Pacific Boulevard. But they might not be allowed.

Food trucks in Albany would be regulated differently under a new city law up for action by the city council Wednesday night. The ordinance would allow food trucks to remain in place indefinitely, with renewable annual permits, but it would also subject them to an array of standards and rules.

The council got a briefing on the proposed ordinance Monday, and a revised version is on the agenda for Wednesday as the result. But the text still raises a question or two.

For example, the standards contain this puzzling sentence: “Any additional lighting shall be integral to the MFU.” (MFU stands for mobile food unit, or food truck.)

Additional to what? If the lighting is integral to the unit, then it’s not “additional,” is it? What about the strings of lights outside some food trucks, such as those on Pacific Boulevard in the photo above. If the ordinance bans those kinds of lights, it ought to be rewritten before it is passed. On dark evenings, those lights add a little atmosphere to an “outdoor dining experience” that would otherwise be kind of drab.

The ordinance as written allows no more than two picnic tables, and each must not be longer than 8 feet. The tables must be “ADA compliant and permitted through the Albany Building Division.” Can the customary picnic tables be made to comply with the Americans with Disabilities Act? They pose a challenge even to many able-bodied people. And the council wants to burden the Building Division with reviewing applications for, and presumably inspecting, picnic tables?

Food trucks are to be allowed to have retractable awnings to shelter their customers. They could also have one tent as shelter, and one outdoor heating unit. Why just one? Sidewalk restaurants downtown have several heaters to keep diners happy on chilly days.

And does the one-heater limit also apply to the ADA-compliant tables? If two tables are allowed, that might necessitate two or three heaters, one in the middle between them and one at each end.

The text says that each food truck “shall be deemed in compliance with the Oregon Fire Code by the Albany Fire Department.” Deemed is the wrong word. What they were looking for is that each unit must comply with the fire code as determined by the fire department.

In the preamble, the ordinance says food trucks encourage “a pedestrian-oriented environment.” But the text bans food trucks in residential zones and requires that applications for MFU permits include a vehicle circulation plan and a parking plan. Apparently the only way pedestrians are expected to get to a food truck is to drive there first.

On Monday, the council seemed pretty happy with this attempt at food truck regulation. Maybe they could ease up a little and try a lighter hand. (hh)





12 responses to “Food trucks: Council considers many rules”

  1. Suebee says:

    OMG… leave these entrepreneurs alone…the city and it’s obsessive mandates are ruining their businesses.

    I am thankful to have them as an option to either take out or, an outdoor dining establishment.

    They are following state guidelines and provide good food.

  2. CHEZZ says:

    Gee Whiz – It appears we can’t have fun or choices anymore without weird takes on how to create a viable city. Please…………

  3. Carleen Stanley says:

    How is it that Portland can manage hundreds and hundreds of food trucks in pods all over the county, yet Albany does everything possible to discourage these popular businesses- many of which later evolve into brick and mortar restaurants.

  4. Steve Anderson says:

    Wow! All these additional ordnance’s seem to be a way of slowly getting rid of these hard working entrepreneurs! Very unreasonable! Apparently this council is trying to join in the weird actions other cities are imposing on its citizens. So sad this ideology has crept in to our elected leaders here. Who would have ever imagined. Please reconsider your recommendations council members!

  5. JJ Jack-of-All Trades Johnny Jack Hartman says:

    On the subject of food truck lighting regulation, the author pens, with a patina of angst, “On dark evenings, those lights add a little atmosphere to an “outdoor dining experience” that would otherwise be kind of drab.”

    This reader could not agree more. Few things in life are as horrific as a “… drab experience.” Imagine the downtown Carousel without all the flash and bling. Come on, Albany Leadership. In a city defined by its drabness, it seems obvious. No additional drabness should be imposed. We have enough.

    Regarding heat, the author’s analysis continues: “They (food trucks) could also have … one outdoor heating unit. Why just one? Sidewalk restaurants downtown have several heaters to keep diners happy on chilly days.”

    This clearly points to the inherent bias the City Moms and Pops have, favoring downtown restaurant’s in their effort to warm their outdoor diners. Given the Council has spent millions re-imagining Albany’s urban core, this level of chauvinism should come as no surprise.

    More importantly, the author assumes facts not in evidence to back a claim that multiple heating units “…keep diners happy on chilly days.” This begs the question: Can heating units actually “keep diners happy’?

    Lastly, as relates to location of the Food Truck plazas, the Council proposes forbidding units in residential areas, forcing people to drive to their favorite Food Truck. Worse, Food Truck owners/organizers must provide “a vehicle circulation plan and a parking plan.”

    This is pretty nervy. This reader (I’m sure I’m not alone) would like nothing more than to have a Food Truck claque doing business on my quiet suburban street. Nothing could be more welcome than the odor of average Biryani or bulbous Burritos wafting through my bedroom window each evening. As to the demand for Traffic and Parking regulation, why do we need that? If Food Trucks are allowed to set up shop in residential areas, hungry patrons can simply use the driveways of the folks who own homes in the Food Truck Red Zone.

    Bottom line, the Food Truck industry is under enough regulatory pressure already. The owner/operators of these small businesses should not be forced to conform to the same standards the rest of us must endure. The City’s efforts to drive diners downtown will only backfire.

    • sonamata says:

      Guessing that the Chamber of Commerce is in a snit on behalf of the local monopolies? We go to The Barn because it’s nice to enjoy dinner outside on the grass in the sun, surrounded by people instead of cars, breathing in fresh air instead of car exhaust, and listening to birds and music instead of cars lumbering over the bridge. The downtown atmosphere is absolutely claustrophobic in comparison – maybe address that before bullying very small business owners with anti-competition regulations. The Council is so obsessed with accommodating cars downtown, they’ve driven people away. Close the damn street to traffic and expand outdoor dining space every once in a while, like several other cities have managed to do during the pandemic.

  6. Diane says:

    I’m curious what the problem is our City is trying to solve? Have there been complaints about parking, trash, lights?

  7. City Councilor Marilyn Smith says:

    I encourage readers to watch the YouTube recording of the May 24 work session for the full staff report, PowerPoint presentation, and the councilors’ questions and discussion. The ordinance is based on similar regulations in other Oregon cities, and consultation with the Oregon Mobile Food Truck Association and local food truck operators.

  8. Scott Bruslind says:

    Harvard’s Kennedy School reviews (back in 2015)
    “how cities can best provide enforcement mechanisms, ensure fair competition, and protect public health and safety.”
    https://datasmart.ash.harvard.edu/news/article/case-study-food-trucks-585

  9. City Councilor Marilyn Smith says:

    Local food truck owners requested fair and equitable regulations so that all of these businesses operate under the same standards. The proposed ordinance was written with the help of the Oregon Mobile Food Truck Association, whose representative spoke to the Council at the May 24 work session, telling us that they hope to use the Albany law as a model ordinance for other communities. I encourage readers of this blog to watch the YouTube video of the May 24 meeting to hear the verbal staff report, see the PowerPoint presentation, and hear council questions and discussion.

  10. CHEZZ says:

    Leave the lights on and up. I can name several brick and mortar restaurants in Albany that have outside lights strung up and around. Will they be in violation too? We all need a little light, if not a lotta light!

  11. Heather Dillon says:

    It seems to be useful and make people happy, of course they want to ban it. People in Albany need to get involved with their city government, it’s gotten out of control.

 

 
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