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HomeMy WebLinkAboutresolution.council.031-10RESOLUTION NO. (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE EXPANSION OF THE ASPEN SATURDAY MARKET TO THE 300 BLOCK OF EASY HYMAN FOR AONE-YEAR TRIAL PERIOD AND TO AMEND THE VENDING AGREEMENT WHEREAS, Resolution #93, Series of 2006, approved a five (5) year license with the Aspen Farmers Market Group (AFMG) valid through the 2011 market season, and WHEREAS, the Commercial Core and Lodging Commission has recommended expanding the market to the 500 block of East Hyman, and WHEREAS, at a public work session March 1, 2010, Council heard from vendors, prospective vendors, and adjacent property owners, and WHEREAS, Council directed staff to work out a one year experiment for the expansion onto the 500 block of East Hyman, and to amend the vending license agreement in accordance with Municipal Code Section 15.04.350(B). NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 In accordance with Section 15.04.350(B) and 26.710.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby authorize the expansion of the Aspen Saturday Market program to the 500 block of East Hyman for the 2010 season. Section 2 The vending license agreement dated November 27, 2006, between the City of Aspen and the Aspen Farmers Market Group is hereby amended for the summer of 2010 by expanding the market vending area to include the 500 block of east Hyman Avenue. Section 3: A duly noticed public hearing on this Resolution was held on the 12`h day of April 2010, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 1 ~ day of ~1/Z J , 209 Approved as to form: ~~~~ c_c~ry Attsr~ey-- Approved as to content: ~~ Michael C. Ireland, Mayor Attest: is ~/Z~~~'-~'~ Kathryn S. K ,City Clerk AMENDMENT TO SATURDAY MARKET VENDING LICENSE AGREEMENT The Saturday Market vending License Agreement by and between the City of Aspen, a municipal corporation (hereinafter "the City") and the Aspen Farmers Mazket Group (hereinafter AFMG) dated November 27, 2006, is hereby amended pursuant to Resolution # ,Series of 2010. by expanding for the 2010 summer season only, the market vending area to include the 500 block of East Hyman Avenue Not-For-Profit Booth -Booth for local not-for-profit organizations will be coordinated by the City Clerk's office All other terms and conditions of the Saturday Mazket Vending License Agreement dated November 27, 2006, shall remain in full force and effect. Date: ~~~~~1~v~1 ~~ /~_ ASPEN FARMERS MARKET GROUP Michael C. Irelandl, Mayor CITY OF ASPEN ~~ Dave WhittlaGey ASM ~~ Kathryn S. K ,City Clerk APPROVED AS TO FORM f~"~C~i~~-~ John Vi~orcester, City Attorney AMENDMENT TO SATURDAY MARKET VENDING LICENSE AGREEMENT The Saturday Market vending License Agreement by and between the City of Aspen, a municipal corporation (hereinafter "the City") and the Aspen Farmers Mazket Group (hereinafter AFMG) dated November 27, 2006, is hereby amended pursuant to Resolution # . Series of 2010. by expanding for the 2010 summer season only, the market vending area to include the 500 block of East Hyman Avenue Not-For-Profit Booth -Booth for local not-for-profit organizations will be coordinated by the City Clerk's office All other terms and conditions of the Saturday Mazket Vending License Agreement dated November 27, 2006, shall remain in full force and effect. Date: __~iC~~~~z~ ASPEN FARMERS MARKET GROUP By: ~~~~ Michael C. Irelan Mayor CITY OF ASPEN Dave Whittlecoy ASM APPROVED AS TO FORM Kathryn S. K ,City Clerk G~C~~, ~ John V1~orcester, City Attorney Market Operating Agreement for the -Aspen Saturday Market Program The Aspen City Council has by resolution authorized the continuation of the Aspen Saturday Mazket and has delegated to the Commercial Core and Lodging Commission ("CCLC") the responsibility for administering the Aspen Saturday Mazket. CCLC has determined that the following types of booths, activities, and product sales are permitted for the Aspen Saturday Market, subject to the limitations described herein: Agricultural Booths: The majority of products in each agricultural booth must be primarily Colorado made. This allows for fruits, vegetables, food beverage for off-site consumption as long as that product is either grown or assembled in Colorado. Agricultural brokers, or third party agents, aze not permitted. A vendor may supplement their own agricultural products with purchased agricultural products, as needed, on a seasonal basis. CCLGControlled Booths: The Commercial Core and Lodging Commission (CCLC) shall operate a specified number, to be determined each year based on available space, of local booths to augment the liveliness of the Aspen Saturday Market, provide a variety of booths, and provide local citizens and businesses an opportunity to participate in the market. Potential local booths may include, but aze not limited to: Local Businesses - ACRA booth for any local business or group of businesses. Businesses must meet ACRA criteria. Second business license requirement shall be waived for businesses already licensed and operating in Aspen. ^ Local Arts and Crafts -Booth for a local artisan, group of artisans, or arts related non-profit organization. Not-For-Profit Booth -Booth for local not-for-profit organizations coordinated by Pitkin County Health and Human Services Department. Food: All food items to be sold shall comply with all applicable Colorado State Retail Food Establishment Regulations as well as rules and regulations of the Aspen Environmental Health Department. All food vendors must have a license issued by the Environmental Health Dept. All prepared food must originate from a licensed and inspected facility and have State approved labels. The Aspen Environmental Health Depamnent should be consulted for infomration regazding food safety and inspection - 970.920.5039. Location and Duration: The Aspen Saturday Market shall be located on the 500 block of East Hopkins Avenue and the 200 block of South Hunter Street, during the hours of 8:00 a.m. through Resolution No. ,Series of 2006 Page 1 3:00 p.m. on Saturdays of June, July, August, September, and October. Set-up may begin at 7:00 a.m. Any expansion of the market vending azea must be approved by the Aspen City Council. Contraction of the mazket vending azea or an amendment to the hours of operation must be approved by the CCLC. Market Layout: The layout of the Aspen Saturday Market, including but not limited to placement and orientation of vehicles, booths, and pedestrian circulation areas, shall be established by the CCLC, in a manner acceptable to the CCLC and the AFMG. The layout shall be established at the beginning of each season and each successive wcek shall be generally consistent with the original plan. Gray or black paint markings on the street can be used to designate vendor areas. No other color shall be used to mazk the street (other colors signify subsurface utilities and excavation areas). Emergency Access: To maintain adequate emergency access, the center sixteen (16) feet of streets utilized by the Aspen Saturday Mazket shall be for pedestrians only and remain free of booths, structures, seating, trash cans, and similaz items that would practically interfere with emergency apparatus. Movable barricades may be placed at either end of the vending azea within this cleaz zone. Yearly [vendor Approval and Reservation Process: The AFMG shall submit to the City each year, no later than Mazch 151, the expected number, physical extent of AFMG booths, and expected mazket start date. The purpose of the AFMG reservation process is to allow the CCLC to gauge the demand for expanding the vending azea and to determine the number of remaining spaces such that the CCLC may advertise for vendors to operate CCLC-controlled booths. Commercial Core and Lodein¢ Commission Booths: The CCLC shall select vendors to be determined each yeaz depending upon available space in the Aspen Saturday Market and select vendors to operate those booths. Prospective vendors for CCLC booths may acquire application materials from the City Clerk's office and applications shall be submitted to the Clerk, along with any necessary processing fee. Applications will be reviewed by the CCLC at a regularly scheduled meeting and considered for approval. Criteria for CCLC annroval of Vendors: Each prospective vendor or group of vendors for CCLC-controlled booths shall be evaluated according to the following criteria: • The prospective booth will contribute to a desired liveliness and variety of the Aspen Saturday Mazket. Resolution No. ,Series of 2006 Page 2 • The vendor has no outstanding obligation with the City of Aspen Finance Deparhnent, other City Deparhnents that have jurisdiction, has not provoked excessive citizen complaints, or such problems can be remedied to the satisfaction of the CCLC. • The vendor agrees to the terms and conditions of the Aspen Saturday Market application. Appeals: Any vendor or prospective vendor aggrieved by a decision rendered by the AFMG, other than matters concerning association dues, fees, etc., may appeal the decision to the CCLC. Relevant documentation shall be submitted to the City Clerk and the CCLC shall consider appropriate action at a regulazly scheduled meeting. Al] parties shall be notified of the appeal meeting, but shall not be required to appeaz or respond. The decision rendered by the CCLC shall be considered final. Alcohol: To sell products containing alcohol, the vendor must first obtain all necessary permits and liquor licenses prior to vending and applicable State and local regulations shall be complied with. The Aspen City Clerk should be consulted for information regazding liquor licensing - 970-429-2687. Vendors must leave sales azeas clean and free of litter of any kind during the operation. Each individual seller shall return the vending area to pre-market condition, or better, following each day of operation. Vendors with food aze encouraged to provide a trash receptacle forcustomer use. Vendor's failure to remove displays, equipment, signage, etc. in a timely fashion shall result in the disposal of the items by the City at the vendor's expense and without recourse by the vendor against the City. Only temporary structures aze permitted. Any temporary structure requiring permits shall comply with applicable building codes and be issued such permits prior to erection. The Aspen Building Department should be consulted for information regarding building permits - 970-920-5090. In accordance with Municipal Code Section ] 3.08.110, Engine Idling, vehicles used by vendors shall not be left idling for five (5) minutes or more within any one-hour period of time, unless necessary due to emergency circumstances. Vendors shall provide their own prices, signs, change, packaging, tables, chairs, tents, etc. All produce shall be priced by piece, count, package, bunch, etc. No sales by weight shall be permitted unless scales have a current, valid seal of approval from the Colorado Sate Department of Agriculture, Weight and Measures Division, and items are weighed on site. To sell "Organic Certified" produce, the seller must display a current certificate. Failure of any vendor to comply with these requirements shall result in immediate revocation of the vending license for that individual vendor, removal of the vendor from Resolution No. ,Series of 2006 Page 3 the Aspen Saturday Mazket, and any further action deemed appropriate by the Aspen Municipal Court or any other court of competent jurisdiction. Promotion: Any individual vendor or group of vendors may promote the Aspen Saturday Market or their booth through various mazketing techniques. The CCLC may use their discretionary funds to promote the Aspen Saturday Mazket or advertise vacancies in the mazket and the types of desired vendors. Signs: Signs for the Aspen Saturday Mazket shall be the responsibility of the CCLC and shall be of a number, dimension, and style acceptable to the CCLC and wmply with Zoning regulations. Signs for individual vendors shall be the responsibility of each vendor and shall not exceed 6 squaze feet (for example 2 feet by 3 feet). Year-End Review and Amendments to the Market Operating Agreement: Near or after the conclusion of each mazket season, the CCLC shall review the market program with the City Council for the purpose of discussing the market and ways to improve the market program through amendments to the Market Operating Agreement or otherwise. The AFMG shall be notified of such meeting and be invited to attend. The CCLC may make adjustments to the Aspen Saturday Market program. Such adjustments shall be made after the conclusion of each season unless the issue requires immediate, mid-season changes. The CCLC shall review potential adjustments with the AFMG prior to adoption. Resolution No. ,Series of 2006 Page 4 RESOLUTION N0. / 3 (SERIES OF 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE CONTINUATION OF THE ASPEN SATURDAY MARKET AND THE COMMERCIAL CORE AND LODGING COMMISSION'S ADMIPTISTRATION OF THE ASPEN SATURDAY MARKET. WHEREAS, the Aspen F~~'s 1G~ Group (AFMG) has heretofore been issued a vending agreement from the City of Aspen to operate a fanners market in the commercial core during the years of 1999 through 2006; and, WHEREAS, the Commercial Core and Lodging Commission has administered the operation ofthe Aspen Saturday Market since the yeaz 2002 pursuant to authorization of the Aspen City Council; and, WHEREAS, pursuant to Section 26.710.140 of the Land Use Code, farmer's mazkets are a permitted use in the Commercial Core (CC) zone district, provided a vending agreement is approved by the City Council pursuant to Section 15.04.350(B) of the Municipal Code; and, WHEREAS, pursuant to Section 26.208 of the Municipal Code, the City Council may establish terms and limitations of a vending agreement and delegate their authority to the Commercial Core and Lodging Commission for the purpose of administering a vending agreement; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: In accordance with Sections 15.04.350(B) and 26.710.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby authorize the continuation of the Aspen Saturday Mazket program (a farmers market), approve a vending agreement with the Aspen Farmers Market Group, authorize the Commercial Core and Lodging Commission to administer the Market, and authorize the Commercial Core and Lodging Commission to establish and administer vending agreements with individual vendors and ~ groups of vendors: Section 2• The Aspen Farmers Market Group (AFMG) is hereby granted a vending license to operate vending booths in the Aspen Saturday Mazket, subject to the terms and limitations included herein and the terms and limitations of the vending license agreement, together with the operating rules appended thereto; said vending license and operating rules aze attached hereto. The license shall be valid for a period of five (5) market seasons, specifically the 2007, 2008, 2009, 2010, and 2011 mazket seasons; provided, however, Resolution No. ,Series of 2006 Page 1 that the City does not notify AFMG on or before March 1 of each year that the City shall terminate this license. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the_ day of 2006, at 5:00 in the Ciry Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this ~ day of /~~06. Approved as to form: Approved as to ~i~ ey Attest: Kathryn S. h, City Cle~ " \( Attachment: AFMG Vending License Agreement AFMG Mazket Operating Agreement Mayor Resolution No. ,Series of 2006 Page 2 ASPEN SATURDAY MARKET VENDING LICENSE AGREEMENT THIS LICENSE AGREEMENT, has been formally entered into this ~ 7 day of ~U-1~, 2006, by and between the City of Aspen, a municipal corporation hereinafter "the City") and the Aspen Farmers Market Group (hereinafter "AFMG"): NOW, THEREFORE, the parties hereby mutually agee as follows: The City hereby gaols AFMG permission to establish and operate a booth, or multiple booths as applicable, within the Aspen Saturday Mazket vending area according to the terms and limitations of the Aspen Saturday Market progam, as defined by City Council Resolution, series of 2006, and as maybe amended from time to time, subject to the following terms and conditions: This License Ageement shall be valid for one (1) yeaz and renewable for five (5) summer market seasons, including the 2007, 2008, 2009, 2010, and 2011 seasons and shall be considered terminated after the close of the 2011 season, unless an extension is mutually ageed upon by both parties. The license shall be automatically renewed; provided, however, that the City does not notify AFMG on or before Mazch 1 of each year that the City shat] terminate this license. 2. AFMG acknowledges and accepts [hat the Aspen City Council has delegated to the Commercial Core and Lodging Commission the authority to administer the operations of the Aspen Saturday Market program. AFMG agrees that [he Aspen Saturday Market program will be operated in accordance with the limitations, rules and regulations specified in the Mazket Operating Agreement appended to this License Agreement 3. In consideration of the privileges ganted by this License Ageement, AFMG shall neither hold nor attempt to hold the City of Aspen or the County of Pitkin liable for any injury or damage, either proximate or remote, occurring through or caused by any use of the aforementioned locations, or for any injury or accident occumng thereon. Further, AFMG by execution of this ageement agees to indemnify and save harmless the City of Aspen and County of Pitkin against any and all claims for damages or personal injuries arising from the operations of the AFMG hereinabove described whether asserted by AFMG, its agents or employees, its guests or invitees. 4. If legal action is taken by the City to enforce the provisions of this ageement, the Ciry shall be entitled to recover from AFMG its costs, including reasonable attorneys fees. The parties agee that no assent, expressed or implied, to any breach of any one or more of the covenants or ageements contained herein shall be deemed or taken to be a waiver of any succeeding or other breach. 6. AFMG represents and warrants that its operations herein shall be in compliance with all applicable federal, state, and local laws ordinances, regulations, pertaining to the activities of AFMG. Resolution No. ,Series of 2006 Page 1 The privileges granted and conferred by this agreement shall not be transferred or assigned in whole or in part by AFMG. The City hereby reserves the right to revoke this vending agreement aY the discretion of the City or if AFMG fails to comply with the Aspen Saturday Market program, as maybe amended from time to time. 8. It is expressly agreed that this License Agreement shall not operate or be construed to create a landlord-tenant relationship between the City and AFMG under any circumstances whatsoever. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinafter~IwAri'tten. DATE/G,` r~~~ ~l CITY OF ASPEN, COLORADO A Municipal Corporation: elen K. Kland d, ayor ASPEN FARMERS MARKET GROUP: Dave Whittleesey, Co-Chairpers t APPROVED AS TO FORM: reenter, City Attorney ATTEST: Kathryn K ity Clerk Resolution No. ,Series of 2006 Page 2 SATURDAY FARMER'SMARKET - EXPANSION BACKGROUND In respect to the SUCCESS of the Saturday Farmer's Market there is really no question. As a FREE event, the market generates between 30 to 50,000 people in attendance every summer and fall season. The market not only generates tax dollars, but greatly benefits local retailers as market shoppers continue their shopping experience throughout the downtown during the 17 Saturdays the market is open for business. The market began 12 years ago with only 14 farmer type vendors..... And, over these last years, bit by bit, we Gave expanded to what is now a thriving Saturday market with over 65 vendors. This includes more agricultural vendors, and the additions of arts and crafts as well...... with a large waiting list in reserve. WHY EXPAND? Expansion creates a number of benefits: The new U-shaped layout will deliver a steady stream of people directly onto the Hyman Mall for the retailers and restaurants benefit. Also, for the fist time, the Saturday market will be visible to the people walking on the Hyman Mall. We strongly feel this will be a huge win for the Hyman Mall as well as the Saturday Market. The tie-in will be extremely advantageous for both sectors. It will allow more much needed square footage space around each individual booth, generating a better and more comfortable experience. It will allow for up to ] 0 new agricultural and craft vendors. It will allow the vendors In the park to finally move out onto the street where they will have a great deal more exposure. Like any successful organization or event, it must keep evolving otherwise it wiU become stagnant. OBJECTIONS There are only two parties not in favor of expansion; Don Lemos, representing the parking lot, and the Dingilian Family, representing Lt Annie's. In response to the Lemos letter, the CCLC disagrees on a number of levels. During the summer the parking lot in question: 1. Usually has less than 8 cars in it during the market time. 2. There is a second easy entrance in the alleyway behind Boogies that we would argue is a much SAFER entrance than crossing a busy pedestrian sidewalk on Hyman. 3. Truck deliverics are no[ a problem for the parking lot due to the comer positioning of the alley entrance. 4. Street parking on Hyman is only affected between 10:00 am and 3:00 pm. In respect to the Dingilian letter: 1. It is true that the CCLC discussed this idea in January.....openly and in public forum, but we NEVER agreed not to go forward. 2. We really don't understand why Lt. Annie's is not applauding the fact that we can deliver over 2500 possible customers walking past their restaurant on 17 otherwise dead Saturdays. We have offered to work with them to provide an outdoor dining space in froru of their restaurant. 3. Mr. Dittgilian's parking lot objections have already been addressed. SUMMARY The CCLC had meeting after meeting with the public, especially inviting and going out of our way to include all the businesses on Hyman St......durittg which time we discussed in depth both perceived benefits end detriments. The CCLC unanimously agree that the benefits of expanding the market onto the Hymen Mall, FAR QUTWEIGH the problems argued by those objecting. We strongly feel that as one of Aspen's most popular and successful FREE events, we need to continue improving our product. We have discussed this possibility az~d researched the U-shaped expansion for over 3 years. We feel this is a very wise and forward thittking business decision, especially when so many businesses downtown are suffering FIDiALLY, we, the CCLC, do understand the objections. -....and do not fund them insurmountable. We believe the benefits to the community significantly outweigh the objections. We are willing to take this first year on a trial basis for the 17 Saturdays. Then, after the season, we would conduct a review to see if expansion should stand. Thank you for your time and consideration, Terry Butler, Chairperson Andrew Kole Bill Dinsmoor Don Shealy John Starr Fred Ayarza Mark Goodman Mark Zitelli ~ ' ,` 4 1' i, g' ~,'.• :~ .~ . ~_ } ~ , ., ~ ,. fi' ,~ ~~ ~ ~ 5 i ~' .~ ~ ~ o M ~ ~ ~N ~ ~ A ', ~ p + . c~'j V `D N .. ~- ~3'. ~ •J O ~ ° 3 ~ m ~r77 ~ ~ ~ ate- ` •w• ~ O ~ ° m t G 1 1 !~ ~ l 'eWa' CH ~ t, ~ t +f7 r t °~ .. ~ + ' c ~ ~ ~ ~ , i G a U 4 y ~ iii Q ~ L : ~- ~~.. i d. ~ ~ N O n Q ~6 ~ x L ~ Y d X ~ ~~~ ~ ~ ~ ~ ~ m=.h . ~r: 'k-- ~~ ~ c ~ m O 3 d n mN ~ ~ ~ L ~. ~~ ~ ~ U 0 d c C~ N '_'~. ~ 41 ~~ n Op 4 #~~~; _ ~ ~.~,~ w, ' "' ~; ,; r , i - - -- - _,~~~' ,, ~~ Vin, ~~, ~~, - ~ _ _~ ~ . _ _, • ~ ~ Q ~~ i 1 a v.~ ;: ~_ r6 ; _ l~ii~ ~ Y+ ~'. '.c€ ~~~: ,.',r i~.