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HomeMy WebLinkAbout03242014 City Council Work Session Notes - Mobile & Transient Vendors with P&Z WORK. SESSION NOTES ON PO fr 1 , VfilAd07/ 100WA- t/J1 lia#5) firt kir Purpose: D.v..xuc..6 alloin 114 019.4-tA -e a oys on Ci- erufaoyhis, 0. pi, cvoun il Me iber4' Present: Ofie4_ ---6 o e (A Called by: flis . j Time _ Date--163/Z; 4- *******Tctitrylco)v***************************** -F ni 14A \ 0-V1 1110tA \If )01.1 ; I pertroli frIA-C I 1,14' il6t ajff werv( a rt-) 60,PV1V Mt, IVA 1-1--cr- :' Edy,r - Ve401 - cpi5 IA..; Tim, CyPiel 0 tAt DIA Poolc1v6twiY yroy bt Icar/rIOj ( oiven) . vco joy vwfd lot rkt ofmcddt 0)1 rio\l/tAiof rovIrt iV1 r{ aa cl GI farts ( 4 waykit -fiqm"-xt7') itIA Cti Ct C4d A 16Y1461-j SA/LI/KO kOY elA*0 wed '4- ,9 wryl aky RouVi7 0100 42A1 444 iv/iy Brenda Ballou From: milos lustig <miloslustig@yahoo.com> Sent: Monday, March 24, 2014 11:58 AM To: Brenda Ballou Subject: business idea Milos and Jana Lustig Dear city council members, I am writing to you in regards of an idea that my wife and I have. We are a young professional couple that has moved to Alaska from US Virgin Islands. We had been living there for the past 12 years. We owned and operated our own business catering to tourists. Ever since we moved up here four years ago we have been thinking how to make something interesting in the city of Seward for tourists. We have had multiple ideas but the one we are really thinking about is regarding the waterfront RV Park. Every summer it gets filled with many RVs and tents but the location has no food and drink service for the visitors. We were thinking in the summer months using the pavilion area and the grill to make excellent BBQ ribs and chicken served with coleslaw, beans and selection of soft drinks and water. Our idea would be to do it daily for during dinner hours. Every day we would set up and clean after we done. We like that space since it is protected from the wind and rain. We truly believe once people would find about this that it could be great dinner option for them with beautiful ocean and mountain views that we have here. It would be great outside dining for those who prefer something like that over fancy restaurants. We are very responsible and we would take care of the place itself - make sure it is always clean after each use. Also we understand that the place is for public use so if that might be a concern we could only use half of the pavilion. We are very open to ideas and have a strong will to make something like this happen. We would love to meet now; unfortunately we are going to Europe for awhile. We hope that you find this letter about our idea to be something that might get your attention and interest and with all of our effort and willingness we can achieve a positive outcome for all. We also have several references available from local business owners. Sincerely Milos and Jana Lustig Our phone is 845-337-6724. Since we will be in Europe it would be better to use email for our communication: miloslustig©yahoo.com Spam Not spam Forget previous vote 1 Seward City Council and Seward Planning & Zoning Commission Joint Work Session Packet e"\4 o f SFS Vk.41% , 4kVI (42rsi\> q< P March 24, 2014 Mobile Vendor Work Session City Council Chambers Beginning at 6:00 p.m. 15.10.140 Definitions. Hawking: Hawking means the loud or continuous audible solicitation of business by a vendor to the general public. Mobile Vending Cart: Mobile vending Cart is defined as a non-motorized structure or unit on wheels that is easily moved and used for vending. 1- 1 Mobile Vendor: Mobile Vendor means a person or business that sells food or permitted types of goods from City-approved locations using a licensed vehicle or cart capable of movement or from a licensed trailer pulled behind a motor vehicle. Pre-Packaged food: Pre-packaged food means a ready-to-eat food that is cooked, wrapped,packaged, processed,or portioned for service, sale or distribution. Roving Vendor: Roving Vendor means a person who offers only pre-packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. Table 15.10.225. -Land Uses Allowed Table (Deletions are Bold Strikethroughs; Additions are Bold Italic Underline) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Merchant, Transient *** �� - r _. 0 0 0 0 Mobile Vendor PP ' 'PP PPP PP Roving Vendor PPPP PPP PP P *** Merchant,Transient currently allowed within four zoning districts • Mobile Vendor as defined in section 15.10.140 B of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit you are applying to license and a description that includes the length and width,when in its widest configuration. 2. Mobile vendors may operate at designated locations, by permit. 1 3. The Seward Police Department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. 4. No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer, for sale, the following types of goods and services on public property: *. Food and or non-alcoholic beverages; *. Handicrafts, artwork,jewelry or similar goods; *. Firewood. 6. Licenses: In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations,the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. 7. Mobile vendor vehicles or carts may not remain in place overnight or in city parking lots. 8. Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles,which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. 9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. 10. It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 11. Each mobile vendor vehicle must provide the City of Seward with a certificate of insurance to cover public liability in the standard amount set by City policy. Prior to acceptance of their permit,vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless The City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 12. Any mobile vendor base station must be properly licensed. 13. Mobile vendors shall comply with all City code and permit conditions. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. 14. Mobile vendors shall display required permits and City business license. Z Roving Vendor as defined in section 15.10.140 B of this chapter and which are allowed in accordance with table 1 5 10.225 are subject to the following development requirements: 1. Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or Fourth on Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. 3. Vend only when the vehicle is lawfully parked and completely stopped. 4. Vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. 5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than(30)minutes or in front of any premises for any time if the owner of or lessee objects. 6. An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit you are applying to license and a description that includes the length and width,when in its widest configuration. 7. The Seward Police Department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hal.ard. 8. In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle must be in compliance with the motor vehicle laws of the State of Alaska, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate City zoning code. 9. Roving vendors shall comply with all traffic rules. 10. Each roving vendor vehicle must provide the City of Seward with a certificate of insurance to cover public liability in the standard amount set by City policy. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any roving vendor base station must be properly licensed. 12. Roving vendor vehicles shall comply with City code and permit conditions. Failure to adhere to the regulations for roving vendor is cause for revocation or suspension of license/permit by the City Clerk. 13. Roving vendors shall display required permits and City business license. 3 A o �. 1� �.�► f o,( K s cru 1,e MEMORANDUM eofSFW u ' a City of Seward 400,4 Community Development Date: March 4, 2014 To: Planning and Zoning Commission • From: Donna Glenz, Planner Subject: Work Sessions and Schedule for the Mobile Vendor Code Review Monday, February 24, 2014 the City Council held a public work session on Transit Vendors and Mobile Vendors. The direction of the Council was to have the Planning and Zoning Commission draft and review City Code to allow Mobile Vendors on public ROW and some designated sites of City property. The Council has requested the Commission hold work sessions, develop the Mobile Vendor Code, and request a joint work session with Council before taking any official action. The attached draft schedule is very aggressive and we (Staff and the Commission) may not be able to accomplish it. Please review carefully the schedule and hold a discussion on how the Commission wants to proceed. The Commission has a work session scheduled for March 18, 2014; however that would mean starting the work and discussion on the Mobile Vendors late in the month. Staff is requesting the Commission schedule a work session next week on the 10th or 11th to begin the discussion and work, then hold the regular work session on March 18th to finalize the code. Schedule a work session with Council on the 24th to present the code to Council and if Council approves of what has been presented schedule a special P&Z meeting in April to vote on the recommendation to Council. RECOMMENDATION: The Planning and Zoning Commission should discuss and set the work schedule for the development of the Mobile Vendor Code per City Council request. Mobile Vendor Time Line CC work session—February 24, 2014—develop and bring back a code change to allow"mobile vendors"on public ROW and certain locations of City parcels These dates are very aggressive and will only work if there are no problems or issues in the drafted code. 3/4/2014—P &Z meeting to discuss& set work session dates to develop code for mobile vendors 3/10 11/20 2 possible w/s dates to work on mobile vendor code—(public notice - special) °-- 3/18/2014—P&Z work session—final review of mobile vendor code (public notice 3/13) L 3/24/2014—P&Z work session with Council (public notice 3/20) -� 3/25/2014—Cut off for April 15th special meeting Public Hearing to recommend approval to Council (public hearing notice 4/3 & 10) 4/15/2014—Special P&Z meeting Public Hearing to approve recommendation to Council 4/22/2014—Cut off(to Suzi) for May 12th CC meeting 5/12/2014—Introduction at City Council meeting 5/27/2014—Public Hearing and enactment—City Council meeting 5 u, v.J Dwayne Atwood From: Johanna Kinney Sent: Monday, March 24, 2014 2:17 PM To: Bixler McClure;Christopher Edgar; Cindy Ecklund (ecklundc@gmail.com);Janet Coulter; Martha Fleming; Christy Terry; Dale Butts; David Squires;Iris Darling;Jean Bardarson; Marianna Keil; Ristine Casagranda Cc: Jim Hunt; Ron Long; Donna Glenz; Dwayne Atwood; Brenda Ballou Subject: FW: business idea Milos and Jana Lustig Council and P&Z, Hard copies of this email will be provided to you for this work session tonight, but sending in advance for you. See you ' tonight at six! Johanna Kinney From: Brenda Ballou Sent: Monday, March 24, 2014 12:28 PM To: Johanna Kinney Subject: FW: business idea Milos and Jana Lustig FYI—I'll make hard copies for council for tonight's work session. From: milos lustig [mailto:miloslustig©yahoo.com] Sent: Monday, March 24, 2014 11:58 AM To: Brenda Ballou Subject: business idea Milos and Jana Lustig Dear city council members, I am writing to you in regards of an idea that my wife and I have. We are a young professional couple that has moved to Alaska from US Virgin Islands. We had been living there for the past 12 years. We owned and operated our own business catering to tourists. Ever since we moved up here four years ago we have been thinking how to make something interesting in the city of Seward for tourists. We have had multiple ideas but the one we are really thinking about is regarding the waterfront RV Park. Every summer it gets filled with many RVs and tents but the location has no food and drink service for the visitors. We were thinking in the summer months using the pavilion area and the grill to make excellent BBQ ribs and chicken served with coleslaw, beans and selection of soft drinks and water. • Our idea would be to do it daily for during dinner hours. Every day we would set up and clean after we done. We like that space since it is protected from the wind and rain. We truly believe once people would find about this that it could be great dinner option for them with beautiful ocean and mountain views that we have here. It would be great outside dining for those who prefer something like that over fancy restaurants. We are very responsible and we would take care of the place itself - make sure it is always clean after each use. Also we understand that the place is for public use so if that might be a concern we could only use half of the pavilion. We are very open to ideas and have a strong will to make something like this happen. We would love to meet now; unfortunately we are going to Europe for awhile. We hope that you find this letter about our idea to be something that might get your attention and interest and with all of our effort and willingness we can achieve a positive outcome for all. We also have several references available from local business owners. Sincerely Milos and Jana Lustig Our phone is 845-337-6724. Since we will be in Europe it would be better to use email for our communication: miloslustigAyahoo.com Spam Not spam Forget previous vote 1 Dwayne Atwood From: Ron Long Sent: Tuesday, March 18, 2014 4:12 PM To: Donna Glenz; Dwayne Atwood Subject: FW:Wanting to know about mobile vendor issue From: Elle Zernia [mailto:info©captainjacksalaska.com] Sent: Tuesday, March 04, 2014 12:50 PM To: Ron Long Subject: Wanting to know about mobile vendor issue Hi Ron, I hope your winter is going well. I heard you had some trouble with your shoulder and hope you are feeling better. I wanted to email you and find out the specifics about people being able to have mobile vending units on city and public properties. I have a number of concerns about this concept and wanted to get your take on them as you may have a different perspective than I do. I wanted to email instead of call to make sure I got all my thoughts down. I'm going to get this out of the way. There is a seafood truck that comes to town and sells out of the back (has the big tacky yellow signs) and it drives me crazy. I had asked the city clerks office about it back in June and was told they do not have a city business license and they don't pay sales tax. I called about it again last week and was told that they could write a letter, but that was all they could do. Should the property owner in these cases be fined for having an illegal business that doesn't pay tax on their property? Not to be a brat, but does that mean if I don't have a city business license and I refuse to pay the $50,000+ in sales tax every year (that I do now), all I get is a concerned letter? That brings me to one of my concerns about mobile vendors being allowed on city/public property. If the city doesn't can't even regulate violating businesses now on private property, how can, as legal businesses we be confident that the city will uphold the policies and regulations for these new mobile vendors? How will these new vendors be regulated and made to comply? For as long as I have had my business, we as businesses have always been told in some way,that if you want to do business in Seward, go buy or rent a spot and "build" a business. Don't get me wrong, I see the cost benefits to a mobile business, but I don't see how they should have different rules than myself, who has invested in buying buildings and paying rents for private or city owned property and land leases. I feel confident in saying that the city land lease I pay is considerably more than a mobile vending permit would be. • Then there is the issue of"where" they will be allowed. I would not want a seafood truck to be allowed in the parking lot next to where my business is, nor would I want a food truck to be parked in a public/city area across the street from a restaurant. I also don't want to seem like I am totally against this idea. For example, I think a firewood truck at the front of the campground would be a great amenity for campground users. It would allow them to not have to drive their large RV's around, and potentially lose their favorite camping spot. But, I also know there is probably someone out there who will hate the idea. In Anchorage, there are only 7-8 specific "spots" in the downtown area that mobile vendors are allowed and they are given out by lottery, and only that vendor can be at that location. As in Anchorage, I don't think they should be allowed to drive and park where ever they want at anytime they want. They should have to go thru the same public planning and zoning process as the rest of us, so others can voice their concerns and they should have their"one spot" that they can be at, and that's the only spot. 8 I am all for "new " businesses in Seward and I like the Bombai Tai food truck and the fruit truck that occasionally comes to town (does it have a license?), but I don't think they should be allowed free reign of public/city areas. I also do not want to see a free for all, where every fishing charter company that doesn't have an office, sets up shop out of the back of a Ford pick-up in the parking lot. I know that the rules put in place need to be consistent for everyone. I will make sure to get the schedule of any work sessions or council meetings that involve this issue to stay up on what it happening. I really appreciate you taking the time to read this far(maybe I should start writing books!) and I value your opinions. If you could please let me know what you think of what I've said, or any new ideas you think should consider on this issue. Feel free to pass this on to someone else if you think they would have additional insight. Thanks again and I look forward to hearing from you, Elle Zernia Captain Jack's Seafood Locker Zernia Enterprises, Inc. 907-224-8082 www.captainjacksalaska.com info@captainjacksalaska.com ><((((°> „ ,><((((°> Spam Not spam Forget previous vote 7 CUNikr-fAA,{— Ca ci-- -- 15.10.140 Definitions. B. 95.Transient merchant. Any person,partnership, firth or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services,wares and merchandise for profit or nonprofit within the city by operating on a door-to-door, street corner or similar basis; or from no fixed location or office;or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle,trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. 10 15.10.225. Land uses allowed. (c) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. • (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. (3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the city except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. II