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HomeMy WebLinkAboutcclc.ag.081501 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL August 15, 2001 8:30 am I. Roll call and apprOval of minutes. II. Commissioner Comments III. Farmers Market discussion IV. Entertainment ordinance V. Adjourn ASPEN FARMERS MARICET RULES AND REGULATIONS 2001 1. Full membership dues will be $300/year(this includes $100 for administrative expenses). Members are asked to pay $100 of this by April 1st with the balance due by opening day. Alt members must secure an Aspen Business License (generally $150). Additional dues, or funds may be assessed members at anY time to cover expenses of the organization. 2. Each member is responsible for maintaining all required licenses, e.g. sales tax, scale and business. Members will be expected to adhere to all city, county and state health department rules. Any scale used at the market must be registered with the Col.orado Department of Agriculture. 3. Markets will begin the last week of June and run to the end of October. Selling time begins at 8am and ends at 4pm. No member is allowed to sell before 8am. Each vendor is expected to maintain their booth and sell product from beginning to end of the market. 4. Growers may sell offfarm 'product to the extent of 80/20, i.e., 20% off farm and ' 80% on farm. In the event ora patastrophic crop failure, membership will determine whether to allow, offfarm product at an increased percentage. On normal years, all produce must be "Colorado Growh". 5. Growers need not own the land on which the crop was grown but must be the one primarily responsible for it. Custom harvesting is not sufficient input to make a crop on farm 6. New members are required to submit a map, with addresses; of all the [and they farm, either leased or owneit. A copy of the lease agreement may be required. All farms are subject to inspection by membership. 7. New members will be accepted upon a majority appmvaI of existing members and the Aspen Community Development Director:~ 8. Any member who embarrasses the market by failing to pay sales taxes, causing a disturbance, selling unfit product or misrepresenting himself or his product will have his membership revoked with no refund of dues. In addition, any membership can be revoked for any reason by a two-thirds majomy of existing members. 9. All members will help to clean the market location. This includes alt trash, not just what the member generated. Members should have their own trash containers and brooms. 10. A member may elect to send an agent to represent him/her at the market. The agent will be responsible for following all market rules and will be considered to have the member's proxy for votes an any issues, which may arise at the market and require immediate attention. 11. Members are expected to attend an annual meeting in the winter and weekly meetings at the end of each sale. I2. Organic growers are encouraged to post certification. Co-chairperson: Co-chairperson Secretary/Treasurer Jack D'Orio Stacy DeVries Peter Forte Paonia 527-4046 Grand Jctn. 523-5629 Palisade 464-7397 dorioshillsideacres(&msn.com kdv~acsol.net Forte~gi.ne~ Aspen Farmers Market AppliCation 2001 Beginmng June 1998, the Aspen Farmers Market began primarily as a growers market. It has since expanded to include other value added agr/cultural products. This is in keeping with our missmn to suppor~ Colorado agriculture. At this time no vendors of crafts will be admitted as per our vendors agreement with the City of Aspen. Criteria for acceptance of new members are based on availability of space, duplication of existing products, growth of the market clientele and ability of the new vendor to provide product throughout the market season. As a group it is our goal to organize a high quality market. Members are encouraged to compete on a quality, as opposed to price, basis. It is not in keeping with our goals to have product "dumped" at low prices. This would not follow our mission of supporting Colorado agriculture since all farmers know that low prices are their worst enemy. We encourage our members to produce and sell the highest quality product as well as present it to the public in a highly creative and attractive manner. New members will be admitted to the market upon a majomy vote of existing members and clearance from the Aspen Community Development Director. To maintain communication and set policy the group endeavors to meet once in the winter and at the end of each market day. Please submit the following: A description of your farm with a map and addresses. Also include what crops you grow on this land, when you expect to start and end harvest. We also need to know whether your land is leased or owned. Tell us about yourself. If you are not a farmer tell us about your product and how i-t supports Colorado agriculture. We will also need to know how much space you will require to display your product. Co-chairperson: Jack D'Orio, 4245 N Rd, Paonia, CO 81428, 527-4046, dorioshillsideacres~msn.com Co-chairperson: Stacy DeVries, 32 and C Roads, Grad. Jctn., CO 81503, 434-4870, kdv(~acsol.net S ecretary/Treasurer: Peter Forte, 659 Aldrea Ct., Palisade, CO 81526, 464-7397, forte~gj.net RESOLUTION No. 49 (Series of 1999) A RESOLUTION OFTHE ASPEN CITY COUNCIL APPROVING T~IE ISSUANCE OF A VENDING AGREEMENT FOR A FARMERS' MARKET PURSUANT TO SECTION 15.04.350(B) OF THE ASPEN MUNICIPAL CODE WHEREAS, the Community Development Department received an application from The Aspen Farmers' Market Group, care of Mr. Jack D'Orio and Mr. Bill DeVries, for a Vending Agreement for a Farmers' Market on a public street in the Commercial Core (CC) zone district; and WHEREAS, pursuant to Section 26.28.140, farmers' markets are a permitted use in the Commercial Core (CC) zone district, provided a Vending Agreement is approved pursuant to Section 15.04.350(B) of the Aspen Municipal Code; and WHEREAS, pursuant to Section 15.04.350(B) of the Aspen Municipal Code. a Vendihg Agreement for a Farmers' Market may be approved by City Council adoption ora Resolution finding compliance with the requirements of said Section; and WHEREAS, the Community Development Department has reviewed the applican~.l and recommended approval of the Vending Agreement with the conditions outlined therein; and WHEREAS, the Aspen City Council has reviewed and considered the requested Vending Agreement for a Farmers' Market under the applicable provisions of Chapters 15.04 a~ad. 26.28 of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, pursuant to Section 15.04.350(B) of the Aspen Municipal Code. a signed Resolution granting approval ora Vending Agreement for a Farmers' Market shall serve as the Vending Agreement; and WHEREAS, the City Council finds that the Vending Agreemem for a Farmers' Market meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, said approval was granted and was obtained at a duly noticed public heating before the City Council on June 14, 1999; 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 26.28.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant approval of the establishment of a farmers' market subject to the terms and conditions of the attached Exhibit I, the Vending Agreement/License Agreement. FINALLY, adopted, passed and approved th/s 14th day of June, 1999. Approved: · Richards, Mayor \ I, Kathryn S. Koch, duly appointed'and acting City Clerk, do certify that the foregoing is a t~:ue and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on June 14, 1999. Kathryn S. I/fchfCity Clerk ' EXItlBIT 1 TO CITY COUNCIL RESOLUTION NO. 49, SERIES OF 1999 APPROVING THE ESTABLISHMENT OF A FARMERS' MARKET THIS LICENSE AGREEMENT, has been formally entered into this day of , 1999, by and between the City of Aspen, a municipal corporation (hereinafter "City"), and Aspen Farmers' Market Group (hereinafter "Vendor"): NOW, THEREFORE, the parties mutually agree as follows: City hereby grants Vendor permission to establish and operate a farmers' market, under the provisions of Section 15.04.350(B) of the Municipal Code of the City of Aspen, and for that purpose only, to occupy an area known as East Hopkins Avenue between South Galena Street and South Hunter Street within the City of Aspen, during the hours of 8:00 a.m through 4:00 p.m. on Saturdays of June, July, August, September, and October during the years of 1999 through 2001 In addition, the following rules and regulations shall be considered conditions of approval: A. Vendor has agreed to limit the operation of the market to the following participants, not to exceed twenty (20) in number without approval of the Aspen City Council (see sub- section "B." below for the process to make modifications to this list within the limit of 20 vendors): 1. Westwood Farms of Paonia; chutneys and fruit preserves; Kathy and Mike Woods . 2. First Fruits Organic Farms of Paonia; assorted organic fruits; Kris and Kevin Kropp 3. Ottorino's Fresh Gourmet Pasta of Glenwood Springs and the Roaring Fork; pastas, and sauces; Patricia and Otto Studhalter 4. Okagawa Farms of Grand Junction; produce and fruit; Steve Nieslanik 5. Ute City Herbs and Flowers r)fAspen; greens, cut and potted herbs and flowers; Jennifer Craig 6. Homestead Meats of Paonia; five ranches marketing locally produced beef products; Steve Kossler 7. DeVries Farm Market of Grand Junction; produce, fruit, and some flowers; Bill and Stacey DeVries 8. Forte Farms of Palisade; assorted fruit; Peter Forte 9. Glenwood Honey; assorted honey products; Roy and Martha Rickish 10. McLane Flats Flowers of Aspen; assorted flowers, herbs, hanging baskets, potted plants; Jim Herrel 11, Tri Herbal Divas of Carbondale; herbal remedies; Alicia Michelson 12. Louis Swiss Bakers of Aspen; assorted bakery items; Cookie Grant 13. Hillside Acres of Paonia; organic produce, flowers, herbs; Jack and Janice D'Orio 14. Aspen Valley Winery; locally produced wines from Colorado vineyards; Patrick Leto 15. 16. 17. 18. 19. 20. B. Only those listed above shall be permitted; however, requests to amend or otherwise add to this list may be submitted to the Community Development Department and must be approved by both Vendor and the Community Development Director. To approve additions to the list, the Community Development Director shall find the applicant and the items to be sold consistent with: a) the City's adopted definition of "farmers' market;" b) the spirit of the "farmers" market; and, c) the terms and conditions of this Agreement. Community Development Director approvals of additional vendors shall each be documented in writing for Vendor's and City's records. C. At least 60% of the produce to be sold by each vendor will be grown in Colorado. D. Those temporary structures requiring permits shall comply with applicable building codes, electrical codes, fire codes, food service codes, and other City regulations, and be issued all appropriate permits before commencing operations. E. Power generators are prohibited. Amplified music, use of microphones or megaphones, or other auditory means of advertising or attention-grabbing are prohibited unless allowed under terms and conditions approved by ~he Community Development Director. F. All food items to be sold shall comply with any and all applicable Colorado State Health Codes as well as all reasonable rules, regulations and orders of the Aspen/Pitkin County Environmental Health Department, including but not limited to "The Colorado Retail Food Establishment Rules and Regulations, Effective Date: January 1, 1999," and any subsequent amendments thereto or replacement documents. All prepared food must come from an inspected facility and have State approved labels. G. Either the individual sellers or the farmers' market organization as a whole must provide their own prices, signs, change, packaging, tables, chairs, etc. for sale of items. Items for sale must be clean, fresh and pest-free; vehicles, tables, and containers must also be presentable. No produce will be sold directly offthe ground, off tailgates, or out of the trunks of vehicles. H. Produce shall be priced by piece, count, each, package, bunch, etc. However, no sales by weight will be permitted unless scales have a 9urrent, valid seal of approval from the Colorado State Department of Agriculture, Weights and Measures Division, and items are weighed on site. I. No customer admi§sion charges wilt be permitted, and eating areas consisting of tables and/or chairs are prohibited. J. Vendor must leave the sales areas clean and free of litter of any kind. Both the individual sellers and the farmers' market organization as a whole commits to accepting the responsibility of ensuring that the site of the market will remain in its pre-market condition or better following each day of operation's closing and clean-up. A failure to remove all displays, equipment or property in a timely fashion shall result in the disposal of same by the City at the Vendor's expense and without recourse by Vendor against City. K. To sell "Organic Certified" produce, the seller must have his/her current certificate displayed on site. To sell products containing alcohol, all necessary permits and liquor licenses must first be obtained, and all applicable laws must be complied with. L. Each and every vendor must obtain a City of Aspen Business License at the cost of a $150 business occupation tax per calendar year for each location they intend to occupy (the business occupation tax is subject to amendment, and the City Finance Department should be consulted for information regarding current fees). In addition, each and every vendor must obtain a State of Colorado Sales Tax License, collect all applicable sales taxes, and remit said taxes to the City of Aspen and the State of Colorado, as applicable. If any liquor licenses are needed, the applicable vendor must first obtain such prior to vending and all applicable State and local regulations must be complied with. M. The layout of the farmers' market, including but not limited to the placement and orientation of vehicles, stalls/stands, and pedestrian circulation areas, shall be established in a manner acceptable to the Communi .ty Development Director. The layout is subject to alteration from week-to-week until an acceptable layout is determined, after which time the market wilt be set- up each week in a manner consistent with the layout finally approved by the Community Development Director. N. In accordance with Municipal Code Section 13.08.110, 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 absolutely necessary due to emergency circumstances. Only passive refrigeration that does not require power, such as insulated trucks, coolers, ice, etc., will be permitted. II. In consideration of the privileges granted by this Licefise Agreement, Vendor 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 aforesaid locations, or for any injury or accident occurrir~g thereon. Further, Vendor does by execution of this agreement agree to' indemnify and save harmless the City of Aspen and the County of Pitkin against any and all claims for damages or personal injuries arising from the operations of the Vendor hereinabove described wheth{/r asserted by Vendor, its agents or employees, its guests or invitees. III. If legal action is taken by City to enforce the provisions of this agreement, City shall be entitled to recover from Vendor its costs, including reasonable attorney's fees. IV. The parties agree that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements contained herein shall be deemed or taken to be a waiver of any succeeding or other breach. Vendor represents, warrants and agrees that its operations herein shall be in compliance with all applicable federal, state and local laws, ordinances, regulations, pertaining to the activities of Vendor. VI. The City hereby reserves the right to review this License Agreement after each market season, as provided above. Upon review, the City Council may, at its discretion, decide to revoke the vending agreement, extend it with new or revised conditions, remove conditions, or require moving the market to an alternative location. VII. The privileges granted and conferred by this agreement shall not be transferred or assigned in whole or in part by Vendor. VIII. It is expressly agreed that this License Agreement shall not operate or be construed to create a landlord-tenant relationship between the City and Vendor under any circumstances whatsoever. CITY OF ASPEN, COLORADO A Municipal Corporation By. By ~' ,/,-'w(,A.~-f ff2"-~*~- [ "Vendor" Rach~ ~/Richar~/Ma~ [ APPROVED AS TO FO~: ATTEST: 3o n V c st r,'Cit5 A rney K~,thryn' S. K,/2~h, City Clerk c:/home/mitchh/council/farmreso2.doc ~iI:I~ FPOF : D'ORIO'S--HILLSIDE ACRES i-~i May 5, ]999 Mltch Haas Community Development Department City of Aspen Re: Farmers Market Application Dear Mltch, On behalf of the Aspen Farmers Markot Group application is being submitted to conduct our second farmers market %n downtown Ampen. Specifics are: APPLICANTS: Aspen Farmers Market Group LOCATION: Same as last year -- on Hopkins between Hunter and Galena TIME: Beginning June 26 and continuing to the end of October or when driven out by snow. Days will be Saturdays beginning 8 AM and running until 4 DM. Vendors w~l] be ~v~ng b~tween 7 and 8 AM. Presently our vendor list numbers thirteen: -- westwood Farms of Paonia - Chutneys and fruit pre=ervez Kathy and Mike Woods* -- First Fruits Organic Farms of Paonia - Assorted organic fruits - Kris and Kevin KrODDw -- Ottorino's Fresh Gourmet Pasta of Glenwood Springs and the Roaring Fork - Pastas and sauces - Patricia and Otto Studhalter -- Okagawa Farme of Grand Junction Produce and fruit Steve Nisslanik -- Utc City ~erbs and Flowers of Aspen - Greens, cut and potted h~h~ and ~lowe~s Jennifer Craig* -- Homestead Meats of Paonia 5 ranches marketing locally grown beef products - Steve Kos$1er* -- DeVries Farm Market of Grand Junction - Produce, fruit and some flowers - Bill and Stan~y D~vri~* -- Forte Farms of Palisade Assorted fruit Peter Forte* -- Glenwood Honey - Assorted honey products - Roy and Martha Rickish -- McLane Flats Flowers of Aspen - Assorted flowers, herbs, hanging basRets, potted plants - Jim Herrel Tri Herbal Divas of Carbondale - Herbal remedie~ - Alicia Michelson -- LOUIS Swiss Bakers of Aspen - A~sort~d bakery i. tem~ - Cookie Grant -- [~illside Acres of Paonia Organic produce, flower~ and herbs - Jack and Janice D'Orio* * indie~ ~eturns from last year FROM : D'ORIO'S--HILLSIDE ACRES P02 Additional vendors have been contacted and may be ad~ed to this last upon your approval. We predict a starting number of approximately fifteen vendors. Space may be a limiting factor eventually. We continue to emphasize a quality market while highlighting wc~tern slope products grown by the vendnr~. It is our belief that the Aspen Farmers Market will continue to ovolve into a quaint experience for all AspentteS. We appreciate the City of Aspens~ support An this endeavor. Should you require.addition information please call. Thanks/~h f J Farmers Market Group ORDINANCE NO. (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS X,Y,Z OF THE MUNICIPAL CODE TO GOVERN MALL LEASES, PERFORMANCES AND SALES ACTIVITIES IN THE COMMERCIAL CORE OF THE CITY OF ASPEN Legislative Intent. Definitions. Designation of Outdoor Activity Zones. Uses Prohibited without Permit Leases for Outdoor Dining in the public rights-of-way Displays of Merchandise in public rights-of-way Entertainment Permit Sidewalk Sales General Permit and Lease Requirements. Application Procedures. Transfers of Permits and Leases Termination of Permits. Utilities. Amendments. 4-11 - 1 Legislative Intent. The purpose of this ordinance is to promote the attractiveness of the commercial core area; entertainment that adds charm, vitality, diversity, and good design to the commercial core area; and the development of compatible and well-designed street furniture improvements; and limiting development on public rights-of-way. 4- i 1-2 Definitions. The following terms used in this chapter have the following meanings, unless the context clearly indicates otherwise: "CCLC" means the Commercial Core and Lodging Commission established by Ordinance #1, 1981. "Entertainment" means a performance or show designed to entertain and attract the public. An activity which involves juggling, musical instruments, balloons, projectile on the mall, or involves any use of the mall to indirectly solicit the public i.e. massage, palm reading etc. "Mall" means the Aspen pedestrian mall established by Ordinance No. 20, Series of 1973. "Outdoor dining" is defined as wait serviced dispensing and maintenance of food and beverages and does not include take out food that is not supported by a wait staff. "Non-commercial" means that which does not involve the sale or offer for sale real or personal property or a service. "Non-profit group" means an entity which has received a tax status determination by the United States Internal Revenue Service as a Section 501 tax exempt organization, or which is incorporated as a nonprofit corporation under the laws of the state of Colorado, or which is incorporated as a non-profit corporation under the laws of another state and has been issued a certificate of authority by the secretary of state for Colorado to conduct affairs in Colorado. 4-11-3 Designation of Outdoor Activity Zones. In order to carry out the provisions of this chapter, the downtown core is divided into the following zones: (1) Zone 1 consists of the mall area. (2) Zone 2 consists of all other commercial zones outside the mall area. 4-11-4 Uses Prohibited without Permit. (1) No person shall sell, display for sale, or advertise for sale any goods or services to the public on the mall or in the downtown commercial area without a valid permit or lease therefor issued under this chapter. (2) No person shall conduct any activity or enterprise that involves placement of a cart, unrolled blanket, booth, table, sign, and stage or other 2 structure, or equipment on the mall without a valid permit or lease therefor issued under this chapter. (3) Amplified sound is prohibited unless it meets Title 18.04.030 of the Municipal code. No person shall juggle, cast, throw, or propel a knife or burning projectile on the mall, or use equipment which is more than six feet above the surface of the mall when at rest or when bearing a load while being used in the act, without a valid special entertainment permit issued under this chapter. No person issued a permit under this chapter shall violate any term or condition of that permit. Any act or activity performed for five or more days out of any 30 day period needs to be permitted. (This is designed to allow for and encourage traveling/performers). 4-11-5 Leases for Outdoor Dining in the public rights<fi-way (A) Leases for outdoor dining may only be applied for in zone 1. These leases shall be reviewed by the CCLC and their recommendation forwarded to City Council for final approval (mall leases). Displays of Merchandise in public rights-of-way. (1) Display of merchandise in the public rights,f-ways are prohibited except within the context of a special event. 4-11-12 Entertainment Permit. (a)Entertainment permits may be issued only for zones 1, 2, and 4. An applicant for a entertainment permit which is to include any part of zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate. (b)The holder of a entertainment permit shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain 3 during the period of the permit comprehensive general public liability and property damage insurance, as prescribedby Section 4-1-8, '!Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days notice of cancellation or material change to the city. The city manager may waive all or any part of this insurance requirement if the entertainment permit requirement is based solely on the height of the equipment used, if the applicant demonstrates to the manager's satisfaction a history of safety with respect to the use of such equipment, and if the manager concludes that the nature of the equipment and its use is such that harm to other mall users or to property other than that of the applicant is unlikely to occur. (c)A entertainment permit is valid for the period and the hours specified in the permit, which shall be for reasonable hours and a reasonable period no greater than three months per permit; an $150 fee will be charged for its issuance. Such a permit is not an exclusive license for use of the area of the mall designated therein. The manager may attach such other reasonable conditions on the use of a entertainment permit as may reduce friction among competing uses of the mall. 4-11-14 Application Procedures. (a)The CCLC shall review each application for a permit or lease in the core in accordance with the purposes and requirements of this chapter and recommend to the city Coundl approval, approval with conditions, or denial of the application. (b) After receiving a recommendation from the CCLC as provided in subsection (a) of this section, the City Council shall determine whether each application for a permit or lease meets fie purposes and requirements of this chapter and approve or dis-approve the application. (c) The CCLC may adopt rules and regulations establishing the process for accepting, reviewing, and approving all permit and lease applications submitted pursuant to this chapter, including the contents of such 4 applications and the specific criteria that will be considered in the review process. Each applicant shall comply with such requirements. (d) Each applicant for a permit or lease shall obtain all required buildng, health, sales tax, or other permits or licenses from all applicable government departments. (e) Permit applications shall be made on the form provided by the city for the permit sought, and shall contain all the information required by the form, including any required attachments or exhibits. The city may reject incomplete applications. (f) Permit is not transferrable. 4-11-16 Utilities. No available for applicants. 4-11-17 Termination of Permits. (a)Any permit issued hereunder may be revoked by the city manager under the procedures prescribed by Section 44-10, "Revocation of Licenses,", for a violation of this chapter, or a breach ora condition in the permit. (b)Upon revocation Or expiration of any permit, the permittee shall remove all structures or improvements from the permit area and restore the area to its condition existing prior to issuance of the permit. (c)If a permit is revoked, the permittee may not apply for the same type of permit for one year after the effective date of the revocation.