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File #: 19-884    Version: 1
Type: Ordinance Status: Passed
File created: 9/6/2019 In control: City Council
On agenda: 10/1/2019 Final action: 10/1/2019
Title: Waive the first reading and pass the ordinance amending Section 3-7 of the Naperville Municipal Code to allow vehicle vending at Naperville train stations (requires six positive votes)
Attachments: 1. SolPedOrdinanceTextAmend
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Waive the first reading and pass the ordinance amending Section 3-7 of the Naperville Municipal Code to allow vehicle vending at Naperville train stations (requires six positive votes)
body

DEPARTMENT: City Clerk's Office

SUBMITTED BY: Pam Gallahue, PhD, Director-City Clerk and Kristen Foley, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:
In 2019 City staff conducted a comprehensive review of the peddler and solicitor section of the Municipal Code. At its August 20, 2019 meeting, the Council approved the proposed repeal and replacement of the ordinance.

DISCUSSION:
After the repeal and replacement of was approved, staff was made aware of an expiring agreement with Harry's Catering. The food truck has been vending coffee and pre-packaged food stuffs to morning commuters at the 5th Avenue train station for over a decade. In 2014, the City entered into an agreement with Harry's Catering whereby he could use a metered electric outlet at the train station to facilitate his vending and pay a monthly fee for his electricity usage. The agreement also allowed Harry's Catering exclusive access to vend at the train station during the morning hours of 4:00 a.m. to 9:00 a.m. for an annual fee of $600.

The agreement with Harry's Catering expired at the end of August 2019. Under the current peddler and solicitor ordinance, he may not vend before 10:00 a.m. and may not stay in the same location for more than 15 minutes. The proposed amendment to the peddler and solicitor ordinance will allow regulated vending at both train stations.

Due to the proliferation of food trucks in the Naperville area and the ongoing discussions regarding development in the 5th Avenue train station area, staff is recommending not renewing the formal agreement with Harry's Catering, which allows exclusive access to vend, but still allowing his vending operation per the proposed text amendment.

If other vendors b...

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