The Broken Bow City Council heard from a number of people Tuesday night on a proposed ordinance on mobile food vendors in the community. The ordinance passed on first reading last month but, the Council took no action on advancing it on the second of three readings. Among those speaking on the issue was Jeremy Walton who expressed concern about the annual permit fee. The current annual fee for mobile food vendors is $125 and he noted they enjoy free electricity and free trash removal while operating on City Square nearly every day. But, Walton says to sell fireworks, he must pay an annual fee of $1,200 and he can only sell for 12 days out of the year.
Several others spoke on an incident this past Friday where a clothing boutique, operating out of a trailer on the City Square, was refunded their permit fee of $5 and asked to move to another location. City officials addressed the issue saying there was some misunderstandings and that general mobile vendors fall under a different part of city code than mobile food vendors. Among the provisions for general mobile vendors was a requirement to park such vendors in designated areas but, those designated areas were not defined in city code.
Michaela Staab said that boutique vendor spent a lot of money by staying at a Broken Bow motel, patronized four area businesses and bragged about those businesses and community on social media. But, she thought it would make “good business sense” to pursue the idea of designating a vendor park area away from City Square.
Mayor Rod Sonnichsen read a several page statement detailing his account of events on that day involving the mobile boutique. He said he received 9 calls of complaints and some council members also fielded complaints of the vendor. But, Mayor Sonnichsen did not detail on what the nature of those complaints were. He said a decision was made to ask the vendor to relocate due to current municipal code. The vendor was contacted around 1:30pm by a City employee and was given an explanation on being asked to move. City staff later clarified that, at that time, she was also refunded the $5 permit fee she paid but, was given her permit in case she wanted to relocate in Broken Bow. Sonnichsen says the vendor became mad and said there would be repercussions. She said she would relocate but, not until a customer was done shopping. He said the City accepted that request. But, around 4:00pm he received another complaint and left work to investigate. He said he observed the vendor still there and fully set-up with no attempts to leave. So he summoned law enforcement after which he says the vendor departed at 4:35pm or as he said about 25 minutes short of their entire time they intended their all day sale.
City Attorney Jason White explained some of the missteps in the matter of issuing a permit to the boutique vendor. He pointed to current municipal code that has two different requirements for food vendors and general vendors. He acknowledged the City did not give her a vendor permit to prominently display on her trailer.
At the end of the public hearing, Council President Russ Smith said it is not the intention, at all, of the City Council to eliminate mobile food trucks and felt bad about what happened with the mobile boutique vendor. Smith said there seemed to be some interest in establishing a separate park area for all mobile vendors in the community. Meanwhile, the City Council took no action on the second reading of an ordinance on mobile food vendors while the issues are explored over the next month.
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On other matters:
A resident raised concerns on Callie Drive. She said the street is narrow as an alleyway and with parked vehicles, it would make it difficult for emergency vehicles to get through.
The Council voted to accept a proposal from Omaha-based The Olson Group to become the City employees health insurance broker.
An agreement was approved with Nebraska Department of Transportation on their plans for concrete repairs, milling and resurfacing the roadway with asphalt on portions of Nebraska Highways 2, 21 and 70 within the corporate limits.
Police Chief Steve Scott introduced Officer Chris Henderson who was promoted to rank of Sergeant. His father, former Custer County Sheriff Ted Henderson added the stripes and pinned the badge to his uniform.
An ordinance to raise trash removal fees across the board by $4.00 per month was approved.
The Council went into executive session to discuss litigation involving levied property tax exemption on City of Broken Bow properties.
