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HomeMy WebLinkAboutcclc.min.081501 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 Chairperson Jori Busch called the meeting to order at 8:30 a.m. In attendance were Eric Cohen, Bill Dinsmoor, Terry Butler and new member Andrew Kole. John Starr was excused. PERFORMERS ON THE MALL Jeep said he is the only one that will be affected by the proposed ordinance as the others have already left town. Staff said we do not have anything in place regulating tim, knives etc. or performers. This ordinance encompasses palm readers, massages and those performing with balloons. Jeep said we should require insurance for those performing especially individuals using fire, knives etc. He feels you will loose the vitality of the mall by charging a feel Jon said this started by businesses that complained about performers in front of their stores on a constant basis. Jeep said he feels he is a benefit to the city. He says he draws people to the community. Jon had a question about liability of the city and staffwas directed to get a reading on the city's liability. Bill said we talked about registering performers. The board felt that the fee is not necessary. Bill said we need answers to what department would be appropriate for handling the permitting. Do we need insurance, and should we require fire extinguishers for dangerous performances. Jon said we need to get a legal opinion. Do we need an ordinance to enforce? Terry said she has had numerous calls about not charging a fee. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 Eric said his biggest concern is the issue of health and safety. That needs to be covered some how. He does not want the board to be putting some wall up to keep performers from coming. Andrew asked if there is a police requirement as far as public safety that would apply if there were fire, chain saws etc.? Chief deputy clerk said she had mall performance pamphlet printed out and they stated no performances around the Wheeler that conflicted with their schedules. Performers were to rotate from McDonald's to Independence square weekly. Jon and Terry relayed that they do not want anything to do with this ordinance. Jeep said he would help write rules for the mall such as having insurance if you have an act that is interacting with other people that could cause danger. Insurance costs $100. a year for the policy and it is a million dollar coverage. The board unanimously felt that no fee should be charged for the performance permit. Jeep said he already knows he can police themselves. Jon also asked staff to research what kind of permit would be required for the music students. FARMERS MARKET Jon said he had a concern personally about the rules and the accessibility of those who wish to become members. There is a non-competition rule that if someone is selling a product no one else can be selling that same product. There is another rule which you suggest that you wish to retain a quality and you don't want anyone selling at discounts or reduced rates and he is not comfortable with that either. It is somewhat like manipulating the market. There is also a rule that states that 2/3rd of the vendors have to approve anybody else being allowed to vend and there are issues with that also. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 Andrew said he would like the market expanded. Chief Deputy Clerk, Kathy Strickland explained that the vendors are here today to discuss what issues need resolved as their vending permit expires this year. How can we help them improve the rules and what are the problems from staff's point of view. Jack D'Orio said he is a vendor and co-chair of the market. Patrick Leto runs Aspen Winery and Kathy Woods runs Westwood Farms. There are 11 in existence. They planned the market for five years and there have been as many as 14 vendors. They have the right to increase up to 20 vendors on that particular street. The board feels they need to diversify the market and do a quality job. The rule concerning competition, they have three produce vendor, two fruit vendors so we don't eliminate other like type things but if somebody wants to come in and someone is already vending that particular item we give the people in the market a say as to what can and cannot come in. There is limited space and a limited crowd. This has worked reasonably well. There is a list of other people that have applied and the formula is: 1. You take an application and we ask what they are about and what they sell. 2. What they would like to do and their booth ideas and where they come from. 3. How they feel about agriculture and then we tell them it depends on the vote of the group and after that a vote from Community Development whether they can come into the market or not. We have not had a new vendor in the market for two years. We have asked Community Development but have been turned down. Terry asked them to explain why they were turned down and why? Jack said they had a pasta maker out of Boulder and they processed their own product but it was not allowed by community development. Jeanette said it was determined that the product did not fit the meaning that was written in the vending agreement for the farmers market. The vendor did not raise any of the products in Colorado. He did not grow the wheat. Some vendors were grandfathered in but this vendor did not conform. He COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 didn't want to go through the process o£ saying how much of his pasta products come from Colorado. Terry said maybe he through there was too much bureaucracy. We need to look at changing our regulations, as they are too restrictive. Bill asked if that would preclude a baker from baking bread to sell at the market? Patrick Leto said yes. Jeanette said the pastas and breads do not conform with the vending agreement. This is something that staff wants to improve upon. Jack said the vendors represent great experience in the farmers markets. Many started farmers markets. We found that if we in a truck load of corn and sell it out of the rear you are going to loose some of these quality vendors in place of doing something that is cheap. We don't feel that the city wants that in Aspen and we don't want that. When a vendor comes here it takes them two to four hours to get here and it takes a lot of equipment and fuel and we hire local people to help us and if it is not a reasonable deal for us we won't be here. They want people who will come in from June until the end of October and it is tough to find a vendor that can work that whole span with only one product and that is why we want people to do multiple products. Jon said if the prices are right throughout Colorado he purchases the product. He won't buy high priced fruit. Jack said they have competition w/thin the group. There are four groups that sell produce. They do not want to be smothered with people that sell zucchini and peaches. Bill said he would like to discuss what is working, what is not working for all beneficial parties. Most of the sentiment is that people would like to see the farmers market expanded and he has no problem with bringing in fruit from other areas when it is not available here. If we loose the peach crop or cherry crop does it mean we can't sell peaches or cherries? If you can get them from someone else, get them. The entire notion to Colorado grown might not be realistic. We do have a problem of people in the farmers market selling directly against people in town that have a retail store in COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 town. People in town should be allowed to have their presence in the farmers market as well. Jack said if competition is a real issue we need to think about if we want a farmers market or not. There is comPetition with Clarks. Every one of us has competition with someone. The farmers bring money into the community. They also send people to the floral shops. Andrew asked if five individuals want to sell flowers, why is that a problem? Bill said because the overhead of a retail store is different. They cannot sell "daisies" for the same price as the farmers market. The overhead is a completely different animal of your cost. Jack said we are here only one day and this is one of the reasons we didn't expand to other days of the market. Lets get one day down good and then think about it. It is tough for a vendor to do two days back to back. Andrew said we need to discuss what the limitations should be as far as product is concerned. Do we want crafts etc. and how do you deal with the merchants in town that feel they are being affected in a negative manner. Jon said he feels the market should not be expanded for more than one day a week because it is competition. Ready to eat is competition with the restaurants and bakeries. The idea of the farmers market is to make Aspen fun and get more people in town. Eric how do we make the days more inclusive rather than exclusive? Jack said expansion of the block is important. Diversification within our own booths is important to the group and also include other type of vendors besides ag vendors. They would like to see more processed foods. Kathy Wood, Westwood farms said they produce a line of over 30 gourmet fruit products: Jams, salsa, mustard, all made with local ingredients. We're one of the processed people. We buy many of our fruits and vegetables from the farmers market and we have a licensed commercial facility in Paonia. We also have products in which we take a raw ingredient which are COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 only available at a specific season and we are making them available all year round. People visit here and want to take something home. They want something hancrafted and made with local ingredients. We also make a line of body care products, soaps and hand cream. Jeanette said the items described are not permitted according to the vending agreement because they are not editable and the permit is restrictive as it exists now. Patrick Leto owns Aspen Valley Winery and they desire to sell logo items. He sells mostly to tourists. Jack said they have a Colorado grown policy within their group but in the event of a fruit failure or a crop failure we are allowed to go outside and that is with the concept that the Community Development will support us and they have said they would. Eric, now that we are outside the edibles that are Colorado grown is that important? Jack said last year they had to go Boulder for cheese. Jon said he likes the idea of Colorado grown or made. These items are things that you cannot find anywhere else. Jack said the pasta man uses pasta wheat and a lot of times it is not available due to crop failures and sometimes the wheat doesn't always come from Colorado. Jon said the issue of Colorado made vs Colorado grown is more important. Terry agreed. Jack said the prefer .to have someone that makes the product and sells the product to explain and have contact to the individuals buying it. Kathy Wood said Homestead Beef is one of the vendors and she has been working with them to introduce products to sell in Aspen but currently they are not allowed too, these are frozen ready to eat items. They want to COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 promote ready to eat entrees. This is a big movement with the meat industry to provide the customer ready to eat beef. There were over 200 applications for the grant and 24 were awarded and only two in the State of Colorado. Kathy's business was one. It is a processed product but locally grown and produced. Jeanette said if it is done in a GMP facility and they maintain the product they would have to have a retail food license like Italian Ice because it is a potentially hazardous product. Homestead Beef has one. Jeanette said stafftime is covered under the food service license that they hold. Inspection the farmers market every weekend is not covered under the food service license. It is covered under general revenue. Last year they asked council for $5,000 for an additional inspector. Maintaining the proper temperature is important. Jack said their committee maintains the streets and they rent barricades etc. Jeanette said staff's goal is to lower the time spent managing the vending agreement. The State is looking at farmers markets regarding the selling of potentially hazardous foods. Fruits and vegetables are exempt but when you start to slice and dice and cook etc. then you need to decide what kind of governing you need. If someone wants to cook a sample and let the customer eat the sausage they would need a mobile unit and will not be able to do what they are doing right now next year. The way the state has determined it you cannot do potentially hazardous samples without being a mobile unit. That is different than what we are doing right now. Bill asked how we do it at Food & Wine? Jeanette said Food and Wine is a temporary event. Jon said regarding processed foods he isnot sure that is appropriate at the farmers market. Chief Deputy Clerk said regarding special events they are allowed to sell merchandise related to that Specific special event such as tee shirts etc. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 Patrick said he would do the farmers market if other wineries were there because he has to do sales to a certain point and if that isn't met he would stop coming. Andrew said if the sales were down he would stop coming even if someone else were here in the winery business. Sales are directly related to how many people show up. Patrick said sales in July were low and he still came. Andrew said you signed up and you are keeping your agreement. With the expansion if it is bigger and more people will come then the vendors will do better. Eric said if it is worth it to another winery in Grand Junction to come up here he doesn't feel they should be precluded. Aspen Winery should not feel that it will hurt their business and the entire concept of the farmers market draws people because there is a plethora of these things. That is the natural selection and free market. The bigger the market the bigger the draw. Two wine Vendors are no different than two vendors selling peaches. Patrick said if the size of the market warrants another winery then he would agree with Eric's statement. Actually there are zero teeth in the agreement all summer. Jon said we haven't addressed the locals. We have people who live in Aspen and make a certain thing but they are not capable of doing something for the entire summer. Jon feels we owe something to tree local crafts people to allow them to be able to participate. Bill agreed with that and they would do that in conjunction with somebody already with a booth that was committed for the season. The vending agreement should have teeth in it to eliminate the perceived problem of those coming one time and leaving. They should commit to a significant percent of the season. If a truck breaks down or they have a flat tire you wouldn't want to exclude them. Jack said they do not have a problem with locals having a booth. They had talked about a revolving booth with one individual having the booth for two COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 weeks then another for two weeks. The town may have a problem with this due to the business license requirements. They would also like to do a flower show. Jon said someone would have the booth and hold the license and people under that umbrella could come in under a weekly basis. Andrew said the parties could form an LLC for $50. and participate under some management. Jack said the city wanted everyone to do a business license. Jack and CCLC discussed the location, access to the core, power etc. and it was determined that the existing location is the most appropriate one. They took into account bus routes etc. Terry said if we can relax some of the rules and regulations we might get more people into the market. Jon said when you push food beyond the area of condiments and go into pre-frozen entrees that is going too far. Bill ask why if it is Colorado prepared and grown. Jon replied that it seems more in competition with the restaurants and grocery stores. Terry said the grocery stores have not complained if someone make $100 or $200 a Saturday. Bill asked the board what their thoughts were on selling salads etc. Andrew said he needs to walk around town and talk to the merchants. He will be a list in two weeks of what changes could be made. Eric said he would like to see the terminology of Colorado grown be changed Colorado made. They would have a Colorado business. He doesn't feel it would be appropriate to place such as the Popcorn Wagon if someone in the market was selling sandwiches etc. that competed with existing food establishments. 1. Products related to that particular business are appropriate. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF AUGUST 15, 2001 2. Expand the terminology of Colorado grown. 3. Jon said he would consider Colorado crafts. 4. Consider a local booth and offer to local people the opportunity to participate; Andrew said we need to advertise the farmers market next year. Jeanette said Sachet wanted to be the farmers market but they aren't Colorado growers. Terry said we should offer the locals a chance to sign up but they would have to sign up for the entire season and follow the guidelines. Jack said there are numerous artists in town and we would like to see a revolving booth in town. Heather Isberian called staff and said she would like to see pottery in one of the booths from local potters. Jeanette asked about the Italian ice and Jon said it is something in town that no one is competion with but on the other hand he sets a precedent. Jeanette said we could think about allowing three vendors with on-site consumption. MOTION: Bill moved to adjourn; second by Terry. All in favor, motion carried.