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HomeMy WebLinkAboutresolution.council.046-98 .r---. RESOLUTION No. 46 (Series of 1998) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE 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 l5.04.350(B) of the Aspen Municipal Code; and WHEREAS, pursuant to Section l5.04.350(B) of the Aspen Municipal Code, a Vending Agreement for a Farmers' Market may be approved by City Council adoption of a Resolution finding compliance with the requirements of said Section; and WHEREAS, the Community Development Department has reviewed the application and r. recommended approval of the Vending Agreement with conditions; 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 and 26.28 of the Municipal Code as identified herein, has reviewed and considered those recominendations 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 of a Vending Agreement for a Farmers' Market shall serve as the Vending Agreement; and WHEREAS, the City Council finds that the Vending Agreement for a Farmers' Market, with conditions, 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 hearing before the City Council on June 22, 1998; and o 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 1, the Vending Agreement/License Agreement. FINALLY, adopted, passed and approved this ~ day of9 t _." , 1998. Approved as to form: Approved: ~l1t~- John Worcester, City Attorney J.J:::..:!~ I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of r\ Aspen, Colorado, at a meeting held on ?' lit. t ~, 1998. ~. . K~!C(1.~-. (' ~ EXHIBIT 1 TO CITY COUNCIL RESOLUTION NO. 46, SERIES OF 1998 APPROVING THE ESTABLISHMENT OF A FARMERS' MARKET THIS LICENSE AGREEMENT, has been formally entered into this day of , 199_, by and between the City of Aspen, a municipal corporation (hereinafter "City"), and (hereinafter "Vendor"): NOW, THEREFORE, the parties mutually agree as follows: L 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 purposes only, to occupy an area known as East Hopkins A venue between South Galena Street , and South Hunter Street within the city of Aspen, on Saturdays between July 10. 1998 and November 29. 1 998.. In addition, the following rules and regulations shall be considered conditions of approval: 1. The organization has agreed to limit the operation of the market to no more than twenty (20) stalls/vendors; open to the public no earlier than 9 a.m. and closed no later than 3 p.m.. These limitations may be modified at the sole discretion of City Council. !~ 2. At least 60% of the produce to be sold by each vendor will be grown in Colorado and by the vendor. 3. 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. 4. Power generators are prohibited. 5. Identification signs, if any, shall comply with the sign standards contained in Chapter 26.36 of the Municipal Code. Amplified music, use of microphones or megaphones, or other auditory means of advertising or attention-grabbing are prohibited. 6. 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 Rules and regulations Governing the Sanitation of Food Service Establishments In the State of Colorado, Effective Date: July 31, 1990," and any subsequent amendments thereto or replacement documents. ~. 7. 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 off the ground, off tailgates, or out ofthe trunks of vehicles. .~ 8. Produce shall be priced by piece, count, each, package, bunch, etc. However, no sales by weight will be permitted unless scales have a current, valid seal of approval from the Colorado State Department of Agriculture, Weights and Measures Division, and items are weighed on site. 9. No customer admission charges will be permitted, and the produce or goods that are sold are for consumption off-premises only. Eating areas consisting of tables and/or chairs are prohibited. 10. 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. 11. To sell "Organic Certified" produce, the seller must have hislher current certificate displayed on site. r 12. 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. 13. 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 Community Development Director. The layout is subject to alteration from week-to-week until an acceptable layout is determined, after which time the market will be set- . up each week in a manner consistent with the layout finally approved by the Community Development Director. l4. In accordance with Municipal Code Section 13.08.1 lO, Engine Idling, vehicles used by vendors shall not be left idling for five (5) minutes or more within anyone-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 License 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 occurring thereon. Further, Vendor does by execution of this agreement agree to r-. 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 whether asserted by Vendor, its agents or employees, its guests or invltees. HI. 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 anyone or more of the covenants or agreements contained herein shall be deemed or taken to be a waiver of any succeeding or other breach. . V. 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. I"""'" VII. The privileges granted and contimed by this agreement sha!l not be transferred or assigned in whole or in part by Vendor. Vl!l. 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 circumstance.s whatsoever. }kL-,f;/t:f2 . B~~ ~;:jirL_ "Vendor" CITY OF ASPEN, COLORADO A Municipal Corporation By ~ /~~ John . Bennett, Mayor :,'.', APPROVED AS TO FORM: A neST: ~. , ~/.7~ Jo ooste , City Attorney ~~ f"" 1""""\ , ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as fuUows: 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 ofa farmers' market subject to the terms and conditions of the attached Exhibit l, the Vending Agreement/License Agreement. FINALLY, adopted, passed and approved this _ day of ,1998. Approved as to forw: Approved: JQhn Worcester, City Attorney John Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on , 1998. Kathryn S. Koch, City Clerk <;.; .