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Home My WebLink AboutRes2002-006 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION NO. 2002-06 RESOLUTION OF THE SEWARD PLANNING AND WNING COMMIS- SION, PROVIDING A RECOMMENDATION TO THE CITY COUNCIL REGARDING POLICIES AND PROCEDURES FOR PERMITTING VENDORS ON CITY-OWNED PROPERTY, AND IDENTIFYING ONE VENDOR SITE IN THE HARBOR PLAZA WHEREAS, last year the City received two written requests from individuals interested in operating food vendors on city property in the Small Boat Harbor area; and WHEREAS, the Planning and Zoning Commission, Port and Commerce Advisory Board and the City Council supported the concept of allowing vendors on city-owned property; and WHEREAS, Seward City Code 8.10.015 states that the City Council shall establish through resolution the policy and procedures to be utilized and the fees to be charged by the City when evaluating whether to permit transient merchants (vendors) on property owned or controlled by the City of Seward; and WHEREAS, the City Council referred the issue back to the Planning and Zoning Commission to develop policies and procedures for Council consideration; and WHEREAS; the Planning and Zoning Commission drafted and reviewed vendor policies and procedures, and visited the Harbor Plaza to identifY possible vendor sites, and WHEREAS, the Commission has specifically requested that the vendor policies contain strong provisions for enforcement of vendor noncompliance, and ensure that the city has the right to revoke the permit if the policies and procedures are not adhered to NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the attached policies and procedures for permitting vendors on city-owned property to the City Council for consideration. Section 2. The Commission further recommends that only one vendor site be allowed in the northeast comer ofthe Harbor Plaza, outside ofthe brick compass inlay and the pedestrian/fire access lane located west ofthe boardwalk buildings. The recommended vendor site is further identified on the attached map. ,- ",..nu.., ..' '-'.J,Q ','. ~.." -t,"\\i - .", . -" ......~'1 "'-!_J~ ~..'!!, ~... ~J ....t....:,... ~~ ~.,. ~ {'"I ,.' ~\. ~:JIV, ". x-r. <. ~ ~ ...~, '?""'.u ...~,\ - . ~ ~ =! --- \~ - . 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These policies and procedures are developed in accordance with Seward City Code 8.10.015 and shall be used by the city administration to permit and regulate vendors on specific public property that the City Council identifies as available for vendors. DESIGNATION OF VENDOR SITES. Approved Public Vendor Sites on city-owned property shall be reviewed and recommended by the Planning and Zoning Commission and established by City Council Resolution in accordance with Seward City Code Section 8.10.015. APPLICATION FOR VENDOR LICENSE. The City Clerk shall issue a request for proposals for approved and available public vendor sites. Applications for an approved public vendor site must be filed with the City Clerk by March 15 of the requested year, and must include the following: 1. A non-refundable filing fee 0[$100.00; r- 2. A complete description and photograph of the equipment to be used; \ 3. A complete description of the types of goods and services that shall be L" .-i 0 ffered; 4. A description of the logistics of the day to day operation including how the vendor intends to ingress/egress the property, address the local inclement weather, meet all of the requirements of the policies and procedures, and estimated time for loading and unloading the operation; and 5. Bid for the vendor site. Minimum bid for a public vendor site shall be $500.00. VENDOR REVIEW COMMITTEE. A vendor review committee shall be established to review and evaluate applications for established public vendor sites. The committee shall consist of the following: 1. 2. 3. 4. one (1) business association representative; one (1) Planning and Zoning Commissioner; three (3) city staff (i.e. fire, police, harbormaster) designated by the City Manager; and one (1) citizen selected by the Mayor (preferably individual with vending experience). ';-;" REVIEW OF VENDOR APPLICATIONS. r~' A. .---/ Vendor applications shall be reviewed by the Vendor Review Committee based on the following criteria: 1. Conformance with city code and applicable policies and procedures; 2. Completeness of application; 3. Value/need ofthe proposed product to the area. Vendors proposing to sell products not already offered by existing businesses will be scored higher than those that will compete with existing businesses in the area that traditionally sells the same goods or services that may be offered on the site; 4. Quality and appearance ofthe vendor cart or stand; and 5. Highest bid for the vendor site. B. The Vendor Review Committee, with concurrence of the City Manager, may refuse any and all applications for a vendor site upon determination that none of the applications meet the review criteria. VENDOR LICENSE. '--. I ,.--. A. Upon selection of a vendor site applicant by the Vendor Review Committee, a vendor license shall be issued by the City Clerk when all of the following have been provided by the applicant: 1. Proof that the applicant has obtained a State of Alaska and City of Seward business license; 2. Kenai Peninsula Borough sales tax registration certificate; 3. Health permits required for the preparation and sale offood or beverages; 4. Any additional licenses required by local, state or federal law; 5. Payment ofthe vendor site fee offered in the application; and 6. Proof of required insurance. B. If the required information is not provided to the City Clerk within 30 days of the notice of award, the applicant forfeits the vendor site, and the Vendor Selection Committee may award the site to another applicant. C. An approved vendor license will be subject to the following: 1. Issued for the period of May 15 through September 15 annually. 2. Permits will be for one year with an option for two one year extensions subject to the vendor remaining in compliance with the policies and procedures. 3. Shall not be assigned or transferred. 4. Must be displayed at the permitted site. 5. May be revoked for any of the following: i) violation of any approved policy; ii) upon determination that the vendor operation is causing a hazard or is a significant disruption of pedestrian or vehicular traffic; iii) the area affected by the permit is required for public purpose; or iv) for other cause identified by the City Manager. ~ INSURANCE REQUIRED Selected applicants must obtain at least one million dollars of public liability insurance naming the City of Seward as an additional insured. Prior to being issued a vendor license, an applicant must provide the city with a broker's certificate of insurance including provision for 30 day notification to the City of Seward if the policy is modified, canceled or terminated. Every policy of insurance offered shall be acceptable only if it is approved by the municipal risk manager. EQUIPMENT AND DEVELOPMENT REQUIREMENTS. Only the following equipment may be brought to a vendor site for use ill connection with the business operated there: 1. A stand or cart which: a. In total is no larger than four feet wide, ten feet long and eight feet tall, including all equipment, except for a litter receptacle, stool and ice chest to be provided by the vendor; b. Includes interior space for concealed storage of all inventory, supplies, equipment and other materials brought to the vendor site in connection with the business conducted there; and c. Must be readily movable by the vendor. 2. An umbrella may be used in connection with a stand or cart to protect merchandise from weather, but not to display merchandise. The umbrella shall not exceed ten (10) feet in diameter when opened and ten feet in height. If a ten foot diameter umbrella is used, the umbrella shall be placed in the middle of the stand or cart. Tarping or tenting above the stand or cart is not allowed. 3. A table used as a stand, or as part of a stand shall be completely covered with a clean, solid-colored material which extends to the ground on all sides, and is securely skirted to the ground so as to conceal storage and the table legs. 4. Clear plastic sheeting may be used to protect merchandise at the vendor site from inclement weather. Colored tarps or other covering for this purpose are not allowed. ,.-., STANDARDS OF OPERATION. ~ 1. Permitted hours of operation shall be from 5 a.m. to 11 p.m. A vendor shall not place any equipment on the vendor site or otherwise engage in the business authorized by the permit between the hours of 11 p.m. and 5 a.ffi. 2. The vendor shall remove all goods and equipment from the vendor site at the end of each business day. 3. The vendor shall maintain the vendor site, and a 25 foot radius around the site free of litter at all times. Each vendor shall provide a receptacle for all waste material generated by the vending business. The vendor may dispose of all trash generated at the vendor site in the closest city dumpster. The vendor may not dispose of trash or other waste on private property without the express permission of the property owner. 4. A vendor may not leave the vending equipment or merchandise unattended at any time. 5. A vendor shall not sell anything other than that which the vendor is licensed to sell. 6. The use of a generator, loudspeaker system, radio, bull horn, or other devise to attract attention, and extension cords outside the vendor site are not allowed. 7. A vendor shall ensure that persons waiting to make purchases at the vendor site queue up in single-file and in such a manner as to create the least obstruction to pedestrian traffic. 8. Food vendors shall place a nonporous material on the sidewalk beneath the stand or cart and in such a manner as to prevent spillage from the cart, stains, or other damage to the area around the stand. Acceptable materials include artificial turf, grass mats, or indoor/outdoor carpeting. 9. Storage areas may not be visible to the public. 10. Cardboard boxes are not allowed for display of merchandise. 11. Advertising and other signage shall be limited to the name of the vendor or items sold and a listing of items sold and the price. 12. A vendor shall not engage in hawking. 13. Vendors on city property shall conform to all applicable federal, state, and local laws and requirements. ,......, INSPECTIONS AND LICENSE REVOCATION A. The City Manager or his designee may, during the normal working hours of a ,_ , vending business permitted under these provisions, inspect the business for the purpose of determining whether the licensee is conducting the business in accordance with the specific requirements ofthese policies and procedures and City Code. B. 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