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HomeMy WebLinkAboutresolution.council.049-99 RESOLUTION No. 49 (Series of 1999) A RESOLUTION OF TIlE ASPEN CITY COUNCIL APPROVING TIlE ISSUANCE OF A VENDING AGREEMENT FOR A FARMERS' MARKET PURSUANT TO SECTION 15.04.350(B) OF TIlE ASPEN MUNICIPAL CODE WIIEREAS, 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 WIIEREAS, 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 WIIEREAS, pursuant to Section 15.04,350(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 WIIEREAS, the Community Development Department has reviewed the application and recommended approval of the Vending Agreement with the conditions outlined therein; and WIIEREAS, 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 recommendations made by the Community Development Department and has taken and considered public comment at a duly noticed public hearing; and WIIEREAS, 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 Agreemem; and WIIEREAS, the City Council finds that the Vending Agreement for a Farmers' Market meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WIIEREAS, said approval was granted and was obtained at a duly noticed public hearing before the City Council on June 14, 1999; and WIIEREAS, 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 ora farmers' market subject to the terms and conditions of the attached Exhibit 1, the Vending Agreement/License Agreement. FINALLY, adopted, passed and approved this 14th day of June, 1999. Approved: RaChel E. Richards, Mayor \ I, Ka. thryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a tree and.,ccurate 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. ~c'hj'CitfClerk - EXHIBIT 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 of Aspen; 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 the 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, offtailgates, 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 current, valid seal of approval from the Colorado State Department of Agriculture, Weights and Measures Division, and items are weighed on site. I. No customer admission charges will 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 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 ~n 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 c~rcumstances. 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 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 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. V. Vendor represems, 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 m create a landlord-tenant relationship between the City and Vendor under any circumstances whatsoever. CITY OF ASPEN, COLORADO A Municipal Corporation By By ~~~'~~ APPROVED AS TO FORM: ATTEST: 'City A~mey K~thry~ S. ~h, City Clerk c:/home/mitchh/council/farmreso2.doc FROM : D~ORIO'S--HILLSIDE ACRES May $, 1999 Hitch Haas Community Development Department City of Aspen Re: Farmers Market Application Dear Hitch, On behalf of the Aspen Farmers Market Group application is being submitted to conduct our second farmers market 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 PM. Vendors will be arriving between 7 and 8 AM. Presently our vendor list numbers thirteen: -- Westwood Farms of Paonia - Chutneys and fruit preserves Kathy and Mike Woods* -- First Fruits Organic Farms of Paonia - Assorted organic fruits - Kris and Kevin KroDD* -- Ottorino's Fresh Gourmet Pasta of Glenwood Springs and the Roaring Fork Pastas and sauces - Patricia and Otto Studhalter -- Okagawa Farms of Grand Junction - Produce and fruit - Nieslanik -- Utc City ~erbs and Flowers of Aspen - Greens, cut and potted h~rhs and f]ower~ - Jennifer Craig* -- Homestead Meats of Paonla - 5 ranches marketing locally grown beef products - Steve Kossler* -- DeVries Farm Market of Grand Junction - Produce, fruit and -- 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 baskets, potted plants - Jim Herrel Tri Herbal Divas of Carbondale Herbal remedies - Alicia Michelson -- Louis Swiss Bakers of Aspen - A~sorted bakery ~.tem~ - Grant -- ~lillside Acres of Paonia - Organic produce, flowers and herbs - Jack and Janice D'Orio* * indicates r~turns from last year FROM : D~ORIO'S--HILLSIDE ~CRES P02 Additional vendors have been contacted and may be a~ded to this list upon you: approval. We predict a start, lng number of approximately fifteen vendors. Space may be a limiting factor eventually. we continue to emphasize a quality ma~et while highlighting western slope products grown by the vendors. It is our belief that the Aspen Farmers Market w{11 continue to evolve into a quaint experience for all Aspen~tes. We appreciate the City of Aspens~ support in this endeavor. Should you require addition infermatiom please call. Thanks/~h, J r~ Market Group