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WHEELING -- Members of Wheeling City Council this week finalized legislation that is expected to put an end to controversy that has kept rolling since the beginning of the year over food trucks operating near existing restaurants in the city.
A final reading of an amended ordinance was approved Tuesday, reenacting the city's 100-foot radius rule, but including exceptions.
Under the revisions, street vendors wishing to temporarily set up their operation in a public right of way must maintain a 100-foot distance from an existing brick-and-mortar business selling similar wares.
However, the distance may be adjusted on a case-by-case basis to be determined by the office of the City Manager, which issues these permits.
"We worked on this for a variety of times to get it straight," Councilman Dave Palmer said.
"I think we've come to an equitable solution to all involved."
While the issue has not been as relevant since the coronavirus pandemic changed how restaurants operate, the topic prior to the crisis was one that lingered since the beginning of the year.
It stemmed from complaints from restaurant owners who took issue with the city allowing food trucks to set up directly outside of their doors during lunch and dinner hours.
City leaders took action on a number of occasions during council meetings earlier this year in an effort to resolve the matter, but each time, people spoke out in opposition. Citizens urged city officials not to implement measures that would hamper business, speaking in support of either food truck vendors or the affected restaurants, particularly those in Centre Market where mobile street vendors had operated in close proximity to an array of existing eateries.
"We did allow street vending in a prior ordinance, and we also instituted a 100-foot regulation, but upon further review, we saw that it could be too cumbersome in some areas," Palmer explained.
"So what this allows is for the city manager or the assistance city manager to allow for variances in two separate districts."
Palmer said the affected areas are the Central Business District from 10th to 16th streets between Water to Chapline streets, as well as the Centre Market District from 20th to 23rd streets between Main and Market streets.
"This looks at certain variables that will allow the city manager's office to exercise this option and allow street vendors to be in this area," Palmer said, noting that the restricted distance can be modified where needed.
Councilwoman Wendy Scatterday applauded fellow council members and the city administration for taking a second and third look at the legislation to help find a compromise that benefits everyone involved.
"I want to thank everyone who helped fine tune this into an ordinance that's not just based on distances but kind of based in the context of all the situations," she said.
"This is one of those situations where we're always trying to look at the rules that we have and tweak them for the most optimal outcome," said Mayor Glenn Elliott. "Before this council, food trucks were not even allowed on public property. We did take the initial steps in that regard. We looked at it again, and I think we got it right. Right now, I think this is the optimal approach. It's not always pretty how you get to that approach, but I think now, I'm very pleased with the final results, and the fact that I haven't heard any strong opinions either way from the brick and mortar restaurants or the food truck vendors suggest that we probably hit a pretty good balance here."
In other action this week, the mayor again urged citizens of the city to complete the 2020 U.S. Census forms if they have not yet done so.
"We're up to about a 57% on completion, and that's still not good enough," Elliott said of the Census participation in Wheeling. "We rank 38th in the state, and West Virginia as a whole doesn't rank very good to begin with. We'd really like to see people complete those Census forms. You can do so online at my2020census.gov. It impacts so much in terms of federal funding and federal programs for us to take advantage of. If we don't have a full count of our populations, we could lose potential funding."
Also during this week's meeting of Wheeling City Council, members:
* Approved the re-appoint Dr. John Holloway to the Wheeling-Ohio County Board of Health
* Heard from City Manager Robert Herron that effects of the COVID-19 pandemic on city revenues will again be addressed during the upcoming Finance Committee of Council meeting on May 17. "We did finish -- as anticipated -- fairly strong as we closed out the month of April," Herron said. "But again, we don't expect the effects of COVID-19 to begin to show up until the next quarter when payments in April, May and June are made."
* Were informed by Ward 4 Councilwoman Wendy Scatterday that a successful meeting took place last month when she initiated a Ward 4 meeting online instead of in person in light of the pandemic "We ended up with a couple hundred views, and several people tuned in live," she said. "That was a good time spent just conveying information, so we're going to do that again." Another online Ward 4 meeting will be held at 7 p.m. next Tuesday. More details will be published on the Ward 4 Facebook page as they become available, Scatterday said.
* Approved final readings of ordinances to purchase a Reven Retro Fit mixer drive to replace parts at the city's Water Treatment Plant and to contract with BBR Drilling for construction work on a retaining wall near the Greggsville water tank near Washington Farms.
* Heard first readings on a zone change for the proposed Mt. Carmel Hotel and legislation to adopt changes to the city's codified ordinances for 2020 to conform with various modifications in state laws.