City hits the brakes on food trucks

Two weeks after the first reading passed unanimously with zero council discussion or public feedback, an amendment to the city’s ordinance governing transient merchant permits—and more specifically, the addition of a section that would allow mobile food trucks in town—received plenty of both at the April 17 meeting of the Custer City Council.
 Several restaurant owners were on hand for the second reading of the ordinance amendment and asked questions and voiced concerns regarding the amendment before ultimately seeing the second reading tabled.
“I don’t find this as being good, solid economic development for our town,” said Janet Boyer, owner of Mt. Rushmore Brewing Co./Pounding Fathers and The Begging Burro, both Custer restaurants. “Brick and mortar has proved time and time again that we contribute in every way possible and you are creating something that is not a fair playing field.”
The proposed ordinance states the food truck cannot encroach into any city right-of-way (unless it’s a special event where a road is closed for vendors) adjoining the property on which it sits, and if requested by the city the vendor must be able to provide a vending permit and proof of the property owner’s consent to operate on the property.
The ordinance also states the vendor cannot block traffic in any way and that the vendor must provide a private trash bin that is no less than 13 gallons. Umbrellas and canopies must be secured for weather, and the trucks cannot sell alcohol. The trucks cannot be permanently located on any property and cannot hook up to city sewer.
All food trucks must have insurance coverage, and they cannot operate within 300 feet of any event held in the Central Business District without written permission from the event sponsor. There is also a limit to the signage the food trucks can put out, and they are prohibited from broadcasting music from the truck.
Cost of the permit is  $300 annually. There is no limit on the time a food truck can spend in city limits spelled out in the ordinance, again provided it does not permanently locate on any one property.
Some in the crowd seemed to most disagree with the food truck being able to be set up in town an unlimited number of days per year and that food trucks do not pay property tax.
“It just seems to me now more than ever we should really appreciate the fact this is going to chisel away at the brick and mortar of this community,” Boyer said. “Not only will it chisel away at those who own or manage, but consider the employees who will be losing tip money.”
Cherish Baker, owner of Baker’s Bakery, questioned how many trucks could be on one lot, saying a bunch of trucks on one lot would be “junking up the town.”
Boyer said some may make the argument that restaurants already have lines out the door frequently, but said those people on the waiting lists are still vital to business.
“We work hard to brand our business and food and need the wait list to come in the door,” she said. “We can’t afford for those folks who are waiting to eat at our establishments to go someplace else.”
Johnathan Stahl, co-owner of restaurants with Boyer, questioned whether the amendment would pertain to people setting up tents, but was told it does not and that the food truck consideration would be only food trucks and a seperate part of the ordinance.
Mayor Bob Brown recommended getting both proponents and opponents of the ordinance amendment together to discuss the issue, with Boyer acting as the point person for restaurant owners. The council agreed and unanimously tabled the second reading.
The council also heard from Trent Bruce of DGR Engineering, the company sheperding the city through the renovation of its wastewater treatment plant upgrades.
Bruce told the council that only one bid was received for phase two of the improvement project, which is the construction of the Submerged Attached Growth Reactor (SAGR) and UV disinfection system. That bid, he said, was about 15 percent over the engineer’s estimate of $6.5 to $7 million when rock blasting is included. The lone bid came in at around $7.7 million.
Bruce said the reason for lack of bidders and high prices is a familiar one—contractors are so busy they aren’t excited about bidding projects and already have work lined up for a year or more into the future.
The high bid means there is a budget gap to work with, Bruce said, and because of that, he recommended the council table the bid so that DGR can negotiate with the lone bidder, RCS Construction of Rapid City, to see how more savings can be realized. DGR has already done this with other portions of the project that have come in over engineer’s estimate.
The council ultimately voted to table the bid as recommended.
In other news from the April 17 meeting, the council:
• Approved a previous request by Robert Gipson of California for an exception to the city’s transient merchant ordinance to sell fresh produce in the city all summer. His stand will set up on private property at the corner of Hwys. 385 and 16.
• Acknowledged an executive proclamation from Brown declaring April 29 as Bradeen Real Estate & Auctions Day in Custer in recognition of the company’s celebrating 100 years of doing business in Custer.
• Learned the hose had been torn off the city’s bulk water dispenser on Washington Street, but would be replaced quickly. The dispenser will also take dollar bills moving forward.