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HomeMy WebLinkAbout14609RESOLUTION NO. 14609 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE VZ2, LLC D.B.A. THE COLORADO TAPROOM FOR THE USE OF THE COLORADO AVENUE RIGHT-OF-WAY TO HOST OUTDOOR COMMUNITY EVENTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to V2Z, LLC, dba The Colorado Taproom for the use of the Colorado Avenue right-of-way from Abriendo Avenue to the alley between Abriendo Avenue and Evans Avenue for the purpose of hosting outdoor community events on the following dates: May 22, June 19, July 17, August 21, September 25, October 23, and one additional date to be determined based on the Denver Bronco’s opening regular season game. The permit also authorizes the closure of Colorado Avenue in between Abriendo Avenue and Evans Avenue on September 11 and October 9 for a couple of larger events. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED May 10, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 10, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE VZ2, LLC DBA THE COLORADO TAPROOM FOR THE USE OF THE COLORADO AVENUE RIGHT-OF-WAY TO HOST OUTDOOR COMMUNITY EVENTS SUMMARY: This is an application for a revocable permit submitted by VZ2, LLC d.b.a. The Colorado Taproom. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Colorado Taproom request the use of the Colorado Avenue right-of-way from Abriendo Avenue to the alley between Abriendo Avenue and Evans Avenue to host outdoor community events on the following dates: May 22, June 19, July 17, August 21, September 25, October 23 and one date to be determined based on the Denver Bronco’s opening season game. The Colorado Taproom requests to close Colorado Avenue in between Abriendo Avenue and Evans Avenue on the following dates: September 11 and October 9. Both Abriendo Avenue and Evans Avenue will remain open. The Colorado Taproom requests to close Colorado Avenue from 9:00 am until 11:00 pm each date, weather permitting. Doing so, will allow easier foot traffic and allow enough room for proper social distancing. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will cause the event to be canceled or held at another location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: VZ2, LLC DBA Colorado Taproom, 106 Colorado Ave. Pueblo, CO 81004. Dick Federico 719-240-9680 2. Permitted Area: Colorado Ave. Right-of-way between Abriendo Avenue and Evans Avenue 3. Purpose of Revocable Permit: Outdoor events,to provide proper social distancing space. 4. Authorized Improvements: N/A 5. Commencement Date: May 22 Time: 9:00 AM 6. Ending Date: October 23 Time: 1 1:00 PM (Each event) PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE "PERMIT") REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures,fences,tables,chairs,equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk cafe shall be subject to all the provisions, conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right-of-way for a special event, Permittee shall deposit with the City the sum of $500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may. at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses.including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair, free from litter,waste and debris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss,damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly,from or caused by the issuance of this Permit or the conditions hereof,or the existence,construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee. its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned. transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA—6/7/17 (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph I above. (ii) If to City, 1 City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to,the acts or omissions of City,its officers,employees,or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii) abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee, (iv)automatic revocation as provided in paragraphs (h) and (i) above; or(v) revocation or termination of this Permit by resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(1)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion, for any reason or no reason,at anytime,without liability to City,and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City. f� �D Signed in Pueblo,Colorado this ' day of Y L ,20 Z— PERMITTEE: B rganiz ionbw C o lo Su 40 (�( �, 1 Y: Title: 04. �c�� STATE OF COLORADO ) COUNTY OF PUEBLO )ss. The foregoing instrument was acknowledged before me the day of idn{'1 I , 20 2/ by T1 CAL Wdr i c0 as uV '�"7 . My commission expires: J(tt 0j� tan 1 [SEAL] Y( Notary Public t4; xeittd SAMANTHA MARIE ROCKWELL NOTARY PUBLIC APPROVED this /if la day of ftif ,2 . STATE OF COLORADO NOTARY ID#20184026431 PUEBLO,a Municipal Corporation MY COMMISSION EXPIRES JUNE 26,2022 • By 711:4010,/ ��` Nic o A.Gradisar,M yor CA—6/7/17 Colorado Taproom 106 Colorado Ave. Pueblo, Colorado 81004 (719) 583-1783 Request for Permit To Close Colorado Ave. (From Abriendo to the alleyway next to the Colorado Taproom) During two of the events one in September and one of the events in October we are requesting to close Colorado Ave. (From Abriendo to Evans) Evans itself would remain open. Dates May 22, 2021 June 19, 2021 July 17, 2021 August TBA- Broncos Tail Gate Party for Opening Game-game dates have not been announced- 1 additional Saturday. August 24, 2021 September 11, 2021 (Close Street to Evans for Large Band which will draw bigger crowd) September 25, 2021 October 9, 2021 (Close Street to Evans for Large Band which will draw bigger crowd) October 23, 2021 Time 9:00am 11:00pm Reason: The permits are being requested to host community events that will allow enough room for social distancing. The outdoor events that were held last summer during the peak of the COVID pandemic were successful and well received. The community has approached us with some ideas to enhance the events. The Pueblo City Health Department provided us with the guidelines that they have on file If we are granted permission to close the street this year, we would have the room that needs to follow the guidelines the Health Department has provided us with and provide the community with outdoor events that will be well organized, enjoyable, and as "safe" as possible. Last year I was approached by Gypsy Clcaro, Pueblo musician, and coordinator of many large community events, including the festivals at Holy Family Parish. If approved, she has offered to help me organize this year's events. We have also had many requests for local vendors to pay a small fee to sell their items at these events. Closing the street would allow for vendors to sell their goods and at the same time maintain social distancing. We would use a portion of the vendor fee collected to pay for trash receptacles, portable toilets, and crowd control harriers. The rest of the vendor fee would be donated to a local nonprofit who would be featured at the event. Below is an example of what the events would look like: 9am-1 1 am-Set Up Vendors 1 lam-3pm- Community Entertainment(local organizations, youth groups, featured local nonprofit) 3pm 6pm Local Band 6pm-10pm Local Band During these events we would like to request that our liquor license extend into the street and that liquor be allowed within the barriers of the closed off area. These events will have an event coordinator(Laura Stankiewicz)who will work directly with the Pueblo City Health Department to make sure that we are complying with the current COV1D regulations. We will also have proper security (Corsentino's Security). a sSi ff v . . '..:V: G C s a y� iiij�Fi .� ..-. ,,ef" - , ,..0.4, s li 01.10 ._, •• ? • q:e01.. .Y. ; , Ilit AArf, . ,.t..? iII g OH 4,6 iI. l l - .l is r • s Z & a 4. 4y « y ' �v aap C x T _g!P c.—Ig --'--E A r • " 1 : x ; 1141191 's i - o lii, • •• Vit. a N O O C o 47 "' RI ` ! ?�'? ". 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