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HomeMy WebLinkAbout14837 City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 28, 2022 TO: President Heather Graham 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 ROCKY MOUUNTAIN COLLEGIATE CYCLING CONFERENCE FOR THE USE OF VICTORIA AVENUE FROM B STREET TO UNION AVENUE, UNION AVENUE FROM B STREET TO CITY CENTER DRIVE, ALAN HAMEL AVENUE FROM CITY CENTER DRIVE TO MAIN STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GREENWOOD STREET FROM VICTORIA AVENUE TO CITY CENTER DRIVE AND THEIR RIGHT OF WAYS TO HOST THEIR PUEBLO CLASSIC BICYCLE RACE, THE PERMIT ALSO AUTHORIZES THE PUEBLO CHAMBER OF COMMERCE TO SET UP A BEER GARDEN ON UNION AVENUE JUST EAST OF ALAN HAMEL AVENUE SUMMARY: Attached is an application for a revocable permit submitted by The Rocky Mountain Collegiate Cycling Conference. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Rocky Mountain Collegiate Cycling Conference requests to use the downtown streets to include parts of Union Avenue, Victoria Avenue, Alan Hamel Avenue, C Street, D Street, Main Street, City Center Drive, and Greenwood Street and their right of ways on April 23, 2023, from 6:00 am until 7:00 pm to host their Pueblo Classic Bicycle Race. 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 relocated to another location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Traffic Control Plan, Permission letter for Chamber of Commerce RESOLUTION NO. 14837 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ROCKY MOUUNTAIN COLLEGIATE CYCLING CONFERENCE FOR THE USE OF VICTORIA AVENUE FROM B STREET TO UNION AVENUE, UNION AVENUE FROM B STREET TO CITY CENTER DRIVE, ALAN HAMEL AVENUE FROM CITY CENTER DRIVE TO MAIN STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GREENWOOD STREET FROM VICTORIA AVENUE TO CITY CENTER DRIVE AND THEIR RIGHT OF WAYS TO HOST THEIR PUEBLO CLASSIC BICYCLE RACE, THE PERMIT ALSO AUTHORIZES THE PUEBLO CHAMBER OF COMMERCE TO SET UP A BEER GARDEN ON UNION AVENUE JUST EAST OF ALAN HAMEL AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to The Rocky Mountain Collegiate Cycling Conference for the use of the downtown streets to include parts of Union Avenue, Victoria Avenue, Alan Hamel Avenue, C Street, D Street, Main Street, City Center Drive, and Greenwood Street and their right of ways from April 23, 2022 at 6:00 am, until 7:00 pm to host their Pueblo Classic Bicycle Race. SECTION 2. The use of the public right of ways 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 this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED March 28, 2022 BY: Dennis E. Flores MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 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: Jim Castagneri / The Pueblo Classic, 12157 W Coal Mine Dr,Littleton CO 80127 2. Permitted Area: parts of Union Avenue, Victoria Avenue, Alan Hamel Avenue, C Street, D Street, Main Street, City Center Drive,and Greenwood Street and their right of ways 3. Purpose of Revocable Permit: To conduct The Pueblo Classic bicycle race 4. Authorized Improvements: None 5. Commencement Date: April 23,2022 Time: 06:00 AM 6. Ending Date: April 23,2022 Time: 07:00 PM 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 café 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. (t) 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. (i) 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 he in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph 1 above. (ii) If to City, I 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). (I) 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(f)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 liabili y of the City. Signed in Jefferson County,Colorado this Z day of Ltl`G ,20 22— ( PERMITTEE:10 Organizatio 0 1:: s';,( c By: Title: PLir,r' (�)i 2�.G STATE OF COLORADO ) COUNTY OF JEFFERSON Ss.. The foregoing instrument was acknowledged before me the Z' day of jkck,irt,tA , 202Z- by .3-cAme5 nG:c, as e- D'wec. My commission expires: UQ eq)\?$VIA 24 SEAL RONSY I THOMAS•NOTARY PUBLIC .' STATE OF COLORADO r • NOTARY ID 20164031585 Not. D 11C MY COMMISSION EXPIRES AUGUST 25,2024 .11t APPROVED this 9O day of Af ,24k. PUEBLO,a Municipal Corporation By �i1 Nicholas . radisar,Mayor * CA–6/7/17 January 15, 2022 Pueblo City Council 1 City Hall Place COIIC$I/TE®CMFEIEIICE Pueblo, CO 81003 Greetings Pueblo City Council! I am writing today to request a revocable permit to conduct a bicycle race on city streets as depicted on the enclosed traffic control plan. As a representative of the Rocky Mountain Collegiate Cycling Conference (RMCCC), we propose to conduct a USA Cycling-sanctioned event on Saturday April 23rd,2022 from 6am until 7pm. The RMCCC and USA Cycling are a subdivision of the United States Olympic Committee. Our event will be permitted and sanctioned by USA Cycling which includes a liability insurance package covering the promoters as well as the City of Pueblo. We are working with the Mayor's office, the Police department, and the local Chambers of Commerce to promote a family friendly event that we hope will expose hundreds competitors and their families to the beauty and culture of downtown Pueblo. Please consider granting our request for a permit. We look forward to growing this event so that it becomes the pre-eminent collegiate road race series across the Rocky Mountain west. If you should have any questions or concerns, please don't hesitate to call or email. Thank you for your consideration! Jim Castagneri Race Director Castagneri@gmail.com 720-215-9116 Rocky Mountain Collegiate Cycling Conference 8 0 r°28� d'- "DCZ_ C m g,P p r D ) ;17 m m 5 Y 0013, * CO � � O - 0 0 D 0 giu n 8i00 (1:0 0 (® OTm mA oC7 2 mmvi M— Om p * A r z n - , 0 -( / I ,• ,,,,, /,,144 11,,,,\ 1# * :. Al\s,,, :\:14, ‘ , / Sp, 4141.' , ../ * .,,, s .Je . 4 #.,, � ` s - :• 4. ,. . . 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(,... ,,,,,„„.. , t....- ..tit, .,,, 31 d * 1 March 3,2022 To Whom It May Concern: I Jim Castagneri, Director of the Pueblo Classic bike race and acting on behalf of the Rocky Mountain Collegiate Cycling Conference hereby acknowledge my understanding and agree that the Pueblo Chamber of Commerce and/or their contracted vendor or affiliates will be serving alcohol within the confines of the revocable permit(REV-22-1)issued to me for the purposes of conducting a bike race within the city limits of Pueblo. Further, it is understood all alcohol served and consumed at the event will be restricted to the confines of the fenced area known as the 'beer garden'and will not involve any part of the official racecourse or finish line area. This agreement is limited to Saturday April 23 and involves the area immediately surrounding the intersection of North Union Ave. and Alan Hamel Ave.in downtown Pueblo, Colorado. Lastly, while the public festival area containing the beer garden will adjoin the racecourse,the Race Director,and the Rocky Mountain Collegiate Cycling Conference(RMCCC)are in no way responsible, in direct benefit of,or liable for the sale or license of alcohol sales at this location. (1) /ii Yb(2ef '` Jim Castagneri Race Director Rocky Mountain Collegiate Cycling Conference