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Ordinance 829 Publish June 12, 2020 ORDINANCE NO.

Ordinance 829
Publish June 12, 2020
ORDINANCE NO. 829
2nd SERIES
AN EMERGENCY ORDINANCE TEMPORARILY AMENDING CITY CODE SECTION 4.35.1,
SUBDIVISION 2.B.5.C FOR THE PURPOSES OF ALLOWING THE USE OF VACANT RESTAURANT LOTS FOR FOOD TRUCK
PLACEMENT AND OPERATION.
WHEREAS, Section 4.35.1, Subd. 2.B.5.c of the Alexandria City Code allows food trucks to operate as an accessory use on private property; and
WHEREAS, due to a fire in downtown Alexandria there is one or more vacant lots on which mobile food trucks could be operated as a temporary alternative to a “brick and mortar” restaurant; and
WHEREAS, the “accessory use” requirement of Section 4.35.1, Subd. 2.B.5.c of the Alexandria City Code prevents the placement of a mobile food truck on a vacant lot; and
WHEREAS, due to the COVID-19 pandemic, limitations have been imposed on the re-opening of restaurants in the City of Alexandria and throughout the State of Minnesota; and
WHEREAS, the City Council believes that in light of the fire and the possibility that similar disasters could occur, combined with the restrictions resulting from the pandemic, the above-noted “accessory use” requirement imposes an undue restriction during these emergency circumstances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALEXANDRIA HEREBY ORDAINS:
Section I. That Section 4.35.1, Subd. 2.B.5.c of the Alexandria City Code is hereby amended as follows:
c. Subject to subpart (i) below,
mobile food trucks/vendors are
allowed to operate as an
accessory use on private property
as expressly authorized by the
owner/manager/agent of the
private property, and only for the
length of time authorized by the
Minnesota Department of
Agriculture and/or Horizon Public
Health.
(i) From the effective date of
this ordinance until November
1, 2020 the requirement that a
mobile truck be an “accessory
use” is waived for any owner
of a vacant restaurant site,
provided that: (a) the vacancy
is the result of fire or other
disaster; (b) the site had been
used as a restaurant within
120 days prior to the owner’s
application for a mobile food
truck license; and (c) the
restaurant owner owns or
operates the mobile food truck
to be used on the vacant site.
Section II. In accordance with the City of Alexandria Home Rule Charter, Section 3.02 this Ordinance shall be in full force and effect from and after its initial passage. No second reading shall be required. Publication once in the City’s official newspaper is required.
ADOPTED by the City Council of the City of Alexandria this 8th day of June, 2020 by the following vote:
YES: Franzen, Thalman,
Osterberg, Benson, Jensen
NO: None
ABSENT: None
Sara Carlson,
Mayor
ATTEST: Martin D. Schultz
City Administrator
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