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Council pauses food-truck permit plan for Lewis and Clark Park, seeks legal and insurance review
Summary
A proposed resolution (No. 561) that would adopt fees and permit locations for food trucks was tabled after council members and public raised questions about deed restrictions, ordinance consistency, insurance, zoning and fiscal impacts; the council asked for opinions from the town attorney and MMIA.
The Town Council of Stevensville on Feb. 13 tabled a proposed policy to permit and set fees for food trucks and other food vendors at Lewis and Clark Park while it seeks legal and insurance guidance.
Council member Nelson moved to adopt Resolution No. 561, which would establish fees and designated locations for food trucks and vendors and require a transient business license; Council member Nelson's motion was seconded and discussed. After extensive public comment and council questions — including concerns that the park deed may restrict commercial uses, whether the proposal matched the town ordinance and zoning, and whether MMIA (the town insurer) would cover liability — a motion to table the proposal until the town attorney and MMIA provide opinions passed 4-0.
Residents and council members raised several issues during the debate: a public commenter said the park deed required preservation of the property “for community public park or playground” and cautioned against commercial reuse; another pointed to local ordinance language (cited in the meeting as Section 18.21) that says a permit is required to sell an article or service in a town park and observed that Hamilton prohibits food vendors in parks. Council member Brown said bringing vendors could hurt struggling downtown restaurants and urged caution.
Council members and staff said some vendors had previously asked about parking in the park and that the park board had discussed generating revenue to pay for pavilion and restroom maintenance. The draft policy included: requiring a transient business license, no electrical hookups provided by the town, and exclusion of special-event days where space is rented for events. The council requested written legal advice on deed restrictions and zoning compliance and asked MMIA to advise on insurance and liability issues (propane, food safety, etc.).
Outcome: The council voted to table Resolution No. 561 and direct staff to obtain opinions from the town attorney and MMIA before the council takes further action.
