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HomeMy WebLinkAboutresolution.council.008-25P1 RESOLUTION NO.008 (SERIES OF 2025) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE CONTINUATION OF THE ASPEN SATURDAY MARKET AND THE COMMERCIAL CORE AND LODGING COMMISSION'S ADMINISTRATION OF THE ASPEN SATURDAY MARKET. WHEREAS, the Aspen Farmer's Market Group (AFMG) has heretofore been issued a vending agreement from the City of Aspen to operate a farmer's market in the commercial core during the years of 2017 through 2021, and has operated since that time pursuant to the existing agreement, providing space for approximately sixteen (16) vendors; and, WHEREAS, the Commercial Core and Lodging Commission has administered the operation of the Aspen Saturday Market since the year 2002 pursuant to authorization of the Aspen City Council, currently with over seventy (70) vendors; and, WHEREAS, pursuant to Section 26.575.190 of the Land Use Code, farmer's markets is a permitted use within right -of --way within the City of Aspen, including 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 Codes and, WHEREAS, pursuant to Chapter 15.04 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 Market 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 approximately sixteen (16) vending booths in the Aspen Saturday Market, 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 are attached hereto. The license shall be valid for a period of five (5) market seasons, specifically the 2025-2029 market seasons; provided, however, that the City does not notify AFMG of its intent to terminate the license on or before December 1 of each year. P2 Section 3. This Resolution shall not affect 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public meeting on this Resolution was held on the 28th day of January 2025, at 5 *00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 28th day of January 2025. Approved as to form: J�nes R. True, City Attorney A ttPet• Nicole Henning, City Clerk Approved as to content: Torre, Mayor Docusign Envelope ID: 923E80DB-OA32-4EE6-BEBD-8032F0583267 P1 ASPEN SATURDAY MARKET VENDING LICENSE AGREEMENT 2025-2029 This license agreement, has been formerly entered into this JA day of e'. 5 by and between the City of Aspen, a municipal corporation (hereina er "the City") and the Aspen Farmers Market Group (hereinafter "AFMG"): NOW, THEREFORE, the parties hereby mutually agree as follows: The City hereby grants AFMG permission to establish and operate a booth, or multiple booths as applicable, within the Aspen Saturday Market vending area according to the terms and limitations of the Aspen Saturday Market program, as defined by City Council Resolution 4008, Series of 2025, and as may be amended from time to time, subject to the following terms and conditions: 1. The License Agreement shall be valid for five (5) summer market seasons, including the 2025, 2026. 20275 2028, 2029 seasons and shall be considered terminated after the close of the 2029 season, unless an extension is mutually agreed upon by both parties. The license may be terminated by the City, with or without cause, following any summer market season set forth above by providing written notice to AFMG of such intent to terminate on or before December I St., 2. AFMG acknowledges and accepts that the Aspen City Council has delegated to the Commercial Core & Lodging Commission the authority to administer the operations of the Aspen Saturday Market program. AFMG agrees that the Aspen Saturday Market program will be operated in accordance with the limitations, rules and regulations specified in the Market Operating Agreement appended to this License Agreement. 3. In consideration of the privileges granted by this License Agreement, 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 occurring thereon. Further, AFMG by execution of this agreement agrees 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 agreement, the City shall be entitled to recover from AFMG its costs, including reasonable attorneys fees. 5. 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. 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. 7. 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 at the discretion of the City of if AFMG fails to comply with the Aspen Saturday Market program, as may be amended from time to time. Docusign Envelope ID: 923E80DB-OA32-4EE6-BEBD-8032F0583267 P2 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinafter written. DATE: CITY OF ASPEN, COLORADO A Municipal Corporation: —DocuSipned by: �/29/2025 1 11:40:38 AM PST Torre, Mayor APPROVED AS TO FORM: Signed by: ,�AaMt,S x, '�,1/29/2025 � 1:26:06 PM MST James R. True, City Attorney ASPEN FARMERS MARKET GROUP —Signed by: Jeff Armstrong, Chairperson ATTEST: DocuSiyned by: kUA,IA,tVI,/�1./31/2025 � 9:54:49 AM MST Nicole Henning, City Clerk P1 Market Operating Agreement for the Aspen Saturday Market Program The Aspen City Council has by resolution authorized the continuation of the Aspen Saturday Market and has delegated to the Commercial Core and Lodging Commission ("CCLC") the responsibility for administering the Aspen Saturday Market. CCLC has determined that the types of booths, activities, and product sales set forth below shall be permitted for the Aspen Saturday Market, subject to the limitations and other matters 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, are not permitted. A vendor may supplement their own agricultural products with purchased agricultural products, as needed, on a seasonal basis. Agricultural Booths shall be administered by the Aspen Farmers Market Group pursuant to a vending agreement with the City of Aspen. CCLC-Controlled 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 are 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 Artisans - Booth for a local artisan, group of artisans, or arts related non- profit organization. • Non-profit Booth - Booth for local non-profit organizations coordinated by the Market Manager. Tent and weights are provided weekly. 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 Department should be consulted for information regarding food safety and inspection - 970.920.5039. Location and Duration: • The Aspen Saturday Market shall be located on the 500 Block of Hyman Avenue, the 500 block of East Hopkins Avenue and the 200 block of South Hunter Street and Conner Park during the hours of 8:00 a.m. through 3:00 p.m. on Saturdays of June, July, P2 August, September, and October. Set-up may begin at 7:00 a.m. Contraction of the market vending area 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, AFMG and market manager. The layout shall be established at the beginning of each season and each successive week shall be generally consistent with the original plan. Gray, black or white paint markings on the street can be used to designate vendor areas. No other color shall be used to mark the street (other colors signify subsurface utilities and excavation areas). Emergency Access: To maintain adequate emergency access, the center sixteen (16-18) feet of streets utilized by the Aspen Saturday Market shall be for pedestrians only and remain free of booths, structures, seating, trash cans, and similar items that would practically interfere with emergency apparatus. Movable barricades may be placed at either end of the vending area within this clear zone. Yearly Vendor Approval and Reservation Process: The AFMG shall submit to the City each year, no later than February 1st, the expected number, physical extent of AFMG booths, and expected market start date. The purpose of the AFMG reservation process is to allow the CCLC to gauge the demand for expanding the vending area and to determine the number of remaining spaces such that the CCLC may advertise for vendors to operate CCLC-controlled booths. Commercial Core and Lodging Commission Booths: The CCLC shall select vendors to be determined each year 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 approval 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 Market. • The vendor has no outstanding obligation with the City of Aspen Finance Department, other City Departments that have jurisdiction, has not provoked P3 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 regularly scheduled meeting. All parties shall be notified of the appeal meeting but shall not be required to appear or respond. The decision rendered by the CCLC shall be considered final. Miscellaneous: • 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 regarding liquor licensing- 970-429-2687. • Vendors must leave sales areas 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 are encouraged to provide a trash receptacle for customer 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 are 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 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 necessary due to emergency circumstances. • Vendors shall provide their own prices, signs, change, packaging, tables, chairs, tents, weights, 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. • The City will provide access to electrical services for vendors in a manner consistent with all appropriate safety precautions to be taken by vendor. • 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 the Aspen Saturday Market, and any further action deemed appropriate by the Aspen Municipal Court or any other court of competent jurisdiction. P4 Promotion: Any individual vendor or group of vendors may promote the Aspen Saturday Market or their booth through various marketing techniques. The CCLC may use their discretionary funds to promote the Aspen Saturday Market or advertise vacancies in the market and the types of desired vendors. Signs: Signs for the Aspen Saturday Market shall be the responsibility of the CCLC and shall be of a number, dimension, and style acceptable to the CCLC and comply with Zoning regulations. Signs for individual vendors shall be the responsibility of each vendor and shall not exceed 6 square 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 market season, the CCLC shall review the market program with 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.