By PHYLLIS ZORN

Staff writer

Marion City Council members spent nearly an hour Monday poring over details of a possible ordinance on mobile food vendors.

Former council member Ruth Herbel spoke during public comment session about the proposed ordinance.

“In my opinion, the following could be considered unconstitutional and challenged in court through the Kansas Justice Institute,” Herbel told council members.

Events in which the city approves specific vendors could be considered protectionism, Herbel said.

A requirement that a vendor may not remain longer than 10 hours at specific location during a 24-hour period or that they be a certain distance away from a competing business also could be challenged, she said.

“Cities around Kansas make it excruciatingly difficult for food trucks and other mobile vendors to earn an honest living,” Herbel read from a Kansas Justice Institute statement. “The permitting fees alone are a significant challenge for food truck owners.”

The idea of a food truck ordinance began after a food truck vendor offering Mexican food set up half a block away from That One Place.

Brent Miles, who owns the property where Mis Viejos sets up twice a week, also talked to council members.

“When this started, Mis Viejos wanted a place to come to town,” Miles said.

He said he and his wife wanted to help the community and made the parking lot property available.

Josh Tajchman, co-owner of That One Place, has shown his unhappiness with Mis Viejos since then, Miles said.

An anonymous call was made to the police that the truck was parked on a sidewalk, which it was not.

“It’s almost harassment,” Miles said. “He was standing out there taking pictures.”

Tajchman was not present Monday but spoke to city council members at a previous meeting, making no secret that he does not want the competing Mexican food truck there.

A first draft of an ordinance was reviewed July 1. It contained a distance requirement from “brick and mortar” restaurants, a rule on how long a food vendor could remain in a particular spot, and hours restrictions, among other rules.

“Personally, I think the distance thing is bogus,” Miles said. “I think that’s just more than opening a can of worms.”

After Miles spoke, Herbel tried to discuss the matter further, but Powers cut her off, saying: “We‘re not going to have this argument. You’re not on the council anymore.”

Council members discussed several aspects of the proposed ordinance and suggested a number of changes.

Zach Collett suggested a two-days-a-week limit on when a food truck can sell meals, but that the two days not both be Friday and Saturday.

Other council members suggested allowing food vendors who live anywhere in the county avoid the restriction on days and doing away with setting a distance requirement.

The ordinance, revised by City Attorney Brian Bina to reflect council members’ changes, will be back on the agenda for a future meeting.

In other matters, council members:

• Voted to notify the county clerk that the city might exceed a revenue neutral rate for next year’s budget.
• Heard an update on a solar array to be built by Kansas Power Pool near the transfer station.
• Met behind closed doors to discuss an unspecified employee matter.