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Home My WebLink AboutRes2014-048 Sponsored by: Clerk is= CITY OF SEWARD, ALASKA RESOLUTION 2014-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A MOBILE VENDOR AND ROVING VENDOR POLICY FOR PERMITTING VENDORS ON CITY-OWNED PROPERTY WHEREAS, each year the city receives numerous requests from individuals interested in vending on city land; and WHEREAS, the City Council met in a work session on February 24, 2014 and directed the Planning and Zoning Commission to provide a recommendation on allowing mobile vendors on city property, including sales in the campgrounds; and WHEREAS, after numerous work sessions and a special meeting, the Planning and Zoning Commission approved Resolution 2014-06, recommending the City Council amend portions of the City Code to allow mobile and roving vendors on city-owned property; and WHEREAS, Ordinance 2014-004 was brought forward to the City Council for introduction at their May 12, 2014 City Council meeting with a public hearing and possible enactment scheduled for this May 27, 2014 meeting; and WHEREAS, in addition to the allowances proposed, Ordinance 2014-004, also states any policies and procedures of mobile and roving vending shall be set by resolution of the City Council; and WHEREAS, a draft policy went before the City Council at their May 12, 2014 meeting for review; and WHEREAS, the final policy is before the council with their additional directives incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. By this resolution the City Council adopts a mobile vendor and roving vendor policy, attached and incorporated herein as Attachment A. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th CITY OF SEWARD, ALASKA RESOLUTION 2014-048 day of May, 2014. THE CITY OF SEWARD, ALASKA rn/ A4aLrn can Bardarson, Mayor AYES: Keil, Casagranda, Terry, Butts, Darling, Bardarson NOES: None ABSENT: Squires ABSTAIN: None ATTEST: 1 j r / o anna Kinn7 C • Clerk (City Seal) si'rauaey� *S4 OF SE 101;14:J •r . R SEAL • �' w r •� �P� i h 'ti*TF OF Pi; •'4%. 1.84rasauraa'�, City of Seward Mobile Vendor and Roving Vendor Policy As Approved by City Council Resolution 2014-048 PURPOSE The purpose of this policy is to provide rules and regulations for the allowance of mobile vending and roving vending on city-owned property. This policy is developed in accordance with Seward City Code Section 15.10.140 (Definitions) and Section 15.10.225 (Land Uses Allowed and Land Uses Allowed Table) and will be provided to prospective vendors as part of the application packet. Vending Permit Applications Applications for a vending permit will be accepted by the City Clerk beginning October 1 st each year for the following year (with the exception of the first year, which will be June 16, 2014). Vending permits are non-transferrable and are not eligible for subleasing. Vendors may surrender their permit at any time by submitting a written statement to the City Clerk. Insurance Each vendor shall be required to provide a Certificate of Insurance with the City of Seward as an Additional Named Insured for a Commercial General Liability policy with coverage for $2 million aggregate/$1 million per occurrence, Commercial Auto, and Workers Compensation (if business has employees). If the business has employees, state law requires Workers Compensation insurance. Subsequently, the City of Seward will additionally require the vendor provide a Waiver of Subrogation. A review of the permit application will be conducted by the city's Risk Manager (in cooperation with the city's insurance provider) to determine if Product Liability insurance will also be necessary. If this additional insurance coverage is required, the City Clerk's office will notify the permittee in writing of this requirement. Food vendors agree to comply with all state and federal regulations necessary for proper food handling requirements. Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A Indemnification Additionally, prior to acceptance of their permit, each vendor 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. General Standards of Operation In addition to the requirements outlined in the Seward City Code: • Vendors shall keep their site free of litter at all times. Trash may not be deposited in any trash bin or receptacle without express permission from its owner. • Vendors must park their vehicles and equipment within the traffic patterns recommended by staff and in accordance with all traffic laws. Renewals The city shall treat applications for renewal of permits in the same manner as an original application. Suspension Or Revocation Of Permit And Appeals In addition to the requirements of a mobile and or roving vendor listed in this policy and in Seward City Code Section 15.10.225, the City Clerk may revoke, suspend or otherwise restrict a permit for the same reasons listed for business licensing in Seward City Code Section 8.30.035. Additionally, the permittee will have the same hearing and appeal rights as outlined for a city business license in SCC 8.30.035 and 8.30.040. MOBILE VENDING Applications Permits shall be issued on a first-come, first-served basis. Applications will be date- and time- stamped as they are received, and will be maintained by City Clerk's office in the order in which they were received. A $50 non-refundable filing fee is required to submit a permit application. Only one mobile vending permit per person or business will be issued at any given time. A vendor may submit applications for multiple permits in order to be put on the waitlist for different locations. If an Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A applicant receives a mobile vendor permit, they may remain on other waitlists for any other locations and have the option of changing locations provided they surrender their current location upon written notification to the City Clerk. Permit applications must be processed and issued within a thirty (30) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the thirty (30) day processing period, the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a mobile vending permit which has been issued for a certain location and which has been revoked or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed for that location. Locations The City of Seward shall designate seven (7) mobile vending locations and boundaries within city limits as follows: 1. Washington Street— 10 x 20 feet 2. Waterfront Park Campground— 10 x 20 feet 3. Waterfront Park Campground— 10 x 20 feet 4. South Harbor Uplands — 10 x 20 feet 5. South Harbor Uplands— 10 x 20 feet 6. Seward Marine Industrial Center—20 x 20 feet 7. Seward Marine Industrial Center—20 x 20 feet Please refer to Maps #1 — #4 attached to this policy for specific site locations. Each site's boundaries will be clearly marked, and will be signed as a designated mobile vending location with the hours of allowable operation. Vendors are required to operate within their designated areas only. The Washington Street site is designated in the downtown business district and will be permitted to operate between 10:00 p.m. and 6:00 a.m. Mobile vending in this location will not be permitted during the Annual Fourth of July Festival conducted by the Seward Chamber of Commerce and Visitors' Bureau. The hours of operation for all other sites will be 6:00 a.m. to 10:00 p.m. Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A Permit Term The term of a mobile vendor permit shall be from May 1 to October 31, with the exception of the two Seward Marine Industrial Center spaces, which shall be valid from date of issuance or January 1, whichever is later, through December 31. ROVING VENDING Applications Permits shall be issued on a first-come, first-served basis. Applications will be date- and time- stamped as they are received, and will be maintained by City Clerk's office in the order in which they were received. A $50 non-refundable filing fee is required to submit a permit application. Multiple roving vendor permits are allowable. Permit applications must be processed and issued within a thirty (30) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has thirty (30) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the thirty (30) day processing period, the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a roving vending permit which has been issued and which has been revoked or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed. Locations The City of Seward shall limit the number of roving vendors to four (4). Seward City Code 15.10.225(d)(1) designates roving vendors shall not vend on any public street where the legal speed limit exceed 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. Please refer to Maps #5 — #6 attached to this policy for specific route exclusions. Permit Term The term of a roving vendor permit shall be valid from May 1 to October 31. j Mobile Vendor and Roving Vendor Policy City of Seward, Alaska Resolution 2014-048 Effective May 27, 2014 Attachment A Council Agenda Statement e 4of SEkq Meeting Date: May 27, 2014 u !s, ., 4 To: Mayor and City Council 1 P From: Johanna Kinney, City Clerk Agenda Item: Approving the mobile and roving vending policy BACKGROUND & JUSTIFICATION: In February, 2014, the City Council directed the Planning and Zoning Commission to recommend allowing mobile vendors on city-owned land. Since that time, the commission has met numerous times to discuss this subject. At a special meeting of April 15, 2014,the commission passed a resolution recommending council change the code by ordinance to allow mobile and roving vending on city owned property. Ordinance 2014-004, which was introduced at the May 12,2014 council meeting and is before you this evening for public hearing and enactment,refers to additional policies and procedures to be set by resolution of the City Council. Since they issue city business licenses,the City Clerk's Office intends to process and issue vending permits as well. The City Council had an opportunity to review a draft policy at their May 12,2014 meeting and provided helpful feedback,which is incorporated in this document for approval tonight. INTENT: The intent of this resolution is to coincide with the changes of City Council Ordinance 2014-004 in allowing mobile and roving vending on city owned property and provide a set of policies for the city and vendors to adhere to. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2.1, COMMUNITY VISION AND VALUES FOR 2020: Building on its impressive heritage and natural setting, the community's vision for itself includes: an attractive, healthy, vibrant 1 community; a strong diverse economy with quality business, educational X and recreational opportunities; a process for orderly growth; and an appreciation of local history, culture, and community. 3.1 ECONOMIC DEVELOPMENT, 3.1.1: Attract new business and industry to the greater Seward area. Strategic Plan: Our Vision (Page 2): Building on Seward's heritage and impressive natural setting the community's vision for Seward includes:an 2 attractive, healthy, vibrant community; a strong diverse economy with X quality business, educational and recreational opportunities; a process for orderly growth; and an appreciation of local history, culture and sense of community. 3. Other (list): X FISCAL NOTE: There will be administrative costs associated with implementing the proposed vendor policy. The intent of the proposed $50 filing fee and $250 permit fee is to cover the administrative costs associated with permitting mobile and roving vendors. These fees also encourage a commitment by the applicant to comply with the application requirements to obtain a vending permit. Approved by Finance Department: Jet4.0tZD dfrAc-44., ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2014-O'‘,establishing a policy for mobile and roving vendors on city-owned property. Washington Street Location 1 ´ Washington Street Attachment to Reso. 2014- Mobile Vendor Locations vendor space size 10 x 20 feet Due to different data sources property lines and aerial 0110220Feet Map imagery do not overlay correctly. Map is to be used for 1 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC Madison Street Location 3 Location 2 Jefferson Street ´ Waterfront Park Attachment to Reso. 2014- Mobile Vendor Locations vendor space size 10 x 20 feet Due to different data sources property lines and aerial 0110220Feet Map imagery do not overlay correctly. Map is to be used for 2 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC Location 5 South Harbor Uplands Location 4 ´ South Harbor Uplands Attachment to Reso. 2014- Mobile Vendor Locations vendor space size 10 x 20 feet Due to different data sources property lines and aerial 0110220Feet Map imagery do not overlay correctly. Map is to be used for 3 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC Location 7 Jellison Avenue Mustang Avenue Morris Avenue Location 6 ´ Seward Marine Industrial Center Attachment to Reso. 2014- Mobile Vendor Locations vendor space size 20 x 20 feet Due to different data sources property lines and aerial 0240480Feet Map imagery do not overlay correctly. Map is to be used for 4 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC Jefferson Street Jefferson Street Adams Street Washington Street ´ Attachment to Reso. 2014- Roving Vendor's Not Allowed on Fourth & Fifth between Railway & Jefferson or on streets where speed limit exceeds 25 mph 0240480Feet Due to different data sources property lines and aerial Map imagery do not overlay correctly. Map is to be used for 5 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC Van Buren Street ´ Attachment to Reso. 2014- Roving Vendor's Not Allowed on Fourth between Van Buren & Port Ave. or on streets where speed limit exceeds 25 mph 0385770Feet Due to different data sources property lines and aerial Map imagery do not overlay correctly. Map is to be used for 6 orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC