CITY COMMISSION AGENDA MEMO
April 7, 2014
FROM:
Brenda K. Wolf, Assistant City Clerk
MEETING:
April 15, 2014
SUBJECT:
Agreement with Downtown Farmer’s Market of
Manhattan, Inc.
PRESENTER:
Jason Hilgers, Deputy City Manager
BACKGROUND
In 2004, the Downtown Farmer’s Market of Manhattan, Inc., made a request to the City
to locate in the City’s public parking lot at the corner of 5th Street and Humboldt Street.
The City has granted this request since 2004. Over the years, the Downtown Farmer’s
Market of Manhattan, Inc., has grown, to the extent that by the end of the 2012 season,
the Market decided the current lot location was just too small to continue to use. The
Downtown Farmers Market set up a Committee to locate lots around town that would be
large enough to allow them to grow, yet provide them with visibility. The Committee
decided that the parking lot to the west of Dillard’s was a prime location to hold the
market.
DISCUSSION
The Downtown Farmer’s Market of Manhattan, Inc., is again requesting the use of a
portion of a City parking lot. The lot is located south of Leavenworth Street, west of
North Third Street, north of Humboldt Street, and east of North Fourth Street. The
requested hours of operation are from 6:30 a.m. to 2:00 p.m. each Saturday, beginning
April 19, 2014, through October 25, 2014. By-laws governing the rules of operation have
been established, fees for the sign permit have been paid, and liability insurance for the
2014 season has been purchased.
Since the lot the Downtown Farmer’s Market wants to use is part of the Manhattan Town
Center Mall parking lot, they contacted the Manhattan Town Center (Mall) and the
owners of Dillard’s prior to the 2013 season. They received the approval from the
owners of Dillard’s and met the requirements stipulated by the Mall. The Mall has once
again approved the request from the Downtown Farmers Market for use for the 2014
season.
Since municipal lots located in the C-4 zoning district are also available for any person
leasing or owning residential real estate in the C-4 district to additionally purchase a
permit allowing them to park their vehicle overnight in the lot (Section 31-93 in the Code
of Ordinances), the Downtown Farmer’s Market also spoke with McCullough
Development, owner of the Strasser Village Apartments located at the northeast corner of
Leavenworth Street and North Fourth Street, and the Hartford building just north of the
Community House on North Fourth Street, prior to the 2013 season.
City Administration has reviewed the request and does not foresee any problems with
enabling the Market to utilize this lot. The Market representatives have indicated that on
Friday evening after the Mall closes at 9:00 p.m., they will block off the area they will be
setting up in with caution tape and orange cones, starting no earlier than 10:00 p.m..
They will also provide additional trash cans on Saturdays only during the season for
customers to use instead of the ones that are there. The Market will allow for appropriate
traffic flow during the Market’s operation.
The Downtown Farmer’s Market plan to place two six foot sandwich signs, with one at
the southwest corner intersection of Leavenworth Street and Tuttle Creek Boulevard, and
the other one on the southwestern area of the parking lot at the intersection of
Leavenworth Street and North Third Street. These signs will only be up on Saturdays
throughout the season with permission from the Manhattan Town Center.
FINANCING
Not applicable.
ALTERNATIVES
It appears the Commission has the following alternatives concerning the issue at hand.
The Commission may:
1. Approve the request and authorize the Mayor and City Clerk to
execute an agreement with the Downtown Farmer’s Market, Inc.
2. Deny the request.
3. Modify to meet the needs of the Commission.
4. Table the issue.
RECOMMENDATION
City Administration recommends that the Commission authorize the Mayor and City
Clerk to execute an agreement with the Downtown Farmer’s Market, Inc.
POSSIBLE MOTION
Authorize the Mayor and City Clerk to execute an agreement with the Downtown
Farmer’s Market, Inc., for use of the City’s public parking lot at the southeast quadrant of
North Fourth Street and Leavenworth Street, in Lot 3, Manhattan Town Center 5 for the
2014 season.
BKW
14M001
Enclosures:
1. Request
2. Agreement
3. Map
4. Certificate of Insurance
AGREEMENT
THIS AGREEMENT is hereby entered into on this 15th day of April, 2014, by and
between THE CITY OF MANHATTAN, KANSAS, a municipal corporation, hereinafter
referred
to
as
"THE
CITY"
and
DOWNTOWN
FARMERS'
MARKET
OF
MANHATTAN, INC., an incorporated, non-profit organization, hereinafter referred to as
"THE MARKET".
WHEREAS, The Market desires to establish a Farmers' Market in The City located
on the City’s public property; and
WHEREAS, The City desires to allow the Market to establish the market on said
public property, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
1.
The Market may utilize the public parking lot located at the southeast quadrant
of North 4th Street and Leavenworth Street, in Lot 3, Manhattan Town Center 5, in the City
for the purpose of establishing a Farmers' Market. The Market is limited to the use of the
parking lot (Defined by the attached map) on Saturdays only, 6:30 a.m. through 2:00 p.m.,
from April 19, 2014 to October 25, 2014.
2.
On Friday evenings only, the Market may, no earlier than 10:00 p.m., after the
Manhattan Town Center Mall closes at 9:00 p.m., generally block off the entrance and exits
to the defined parking area with Caution tape and orange cones.
3.
The Market will be allowed to set up its signs, equipment and facilities on
Saturdays only during the approved time between 6:30 a.m. through 2:00 p.m. The Market
may place six foot sandwich signs on the southwest corner of the Leavenworth Street and
Tuttle Creek Boulevard intersection and on the southwestern area of the parking lot at the
intersection of Leavenworth Street and North Third Street (locations defined on the attached
map) while the Market is operational at the defined public parking lot area. The sandwich
signs shall be removed at the end of each Saturday’s operation and shall comply with all
requirements of the City’s Sign Code, to the extent applicable. This Agreement shall be
subject to and contingent upon the Market obtaining the required sign permits from the City
prior to the first event to be held on April 19, 2014. The City shall issue the permits, in
good faith, upon compliance with the requirements of the City’s Sign Code and all other
ordinances applicable thereto. The failure of the Market to obtain the mandatory sign
permits from the City by said date shall render this Agreement null and void and of no
further effect; and the City shall be released from all obligations set forth hereunder.
4.
The Market shall follow the rules set out in its Bylaws, which is attached hereto
and marked Exhibit "A" and incorporated herein by reference.
5.
The Market shall abide by all laws, statutes, ordinances or regulations which
apply to its operation. It shall specifically abide by all zoning ordinances and public health
codes which are applicable.
6.
To the fullest extent permitted by law, The Market shall indemnify and defend
The City from and against all injuries, claims, damages, losses and expense, including, but
not limited to, attorney’s fees, arising directly or indirectly out of the operation of the
Farmers’ Market, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable. That The Market shall maintain a policy of insurance which covers it for
loss, damage, or injury to persons or property in a minimum of $500,000.00 per occurrence,
and such policy shall be available for inspection by The City at any time. Such policy shall
name The City as an additional insured and shall contain a provision or endorsement that
the coverage afforded will not be cancelled, materially changed or renewal refused until at
least thirty days prior written notice has been given to The City. The Market waives all
rights against The City, its agents, officers, and employees for recovery of damages to the
extent these damages are covered by said insurance policy.
7.
That this agreement may be terminated by either party, for any reason, at any
time, upon thirty (30) days written notice to the other party. Under this agreement, notice to
The City shall be addressed to the City Manager; and, notice to The Market shall be
addressed to Jon English, Secretary/Treasurer, Downtown Farmers’ Market of Manhattan,
Inc., P.O. Box 485, Manhattan, KS 66505-0485.
8.
The Market shall be responsible for requiring that all persons or groups
utilizing the Farmers' Market abide by the rules and regulations set out in the handbook.
This shall include both consumers and sellers.
The Market shall be responsible for
returning the area to a clean condition at the close of each Saturday.
9.
The Market is composed of individuals, a list of Officers are attached hereto,
and marked Exhibit "B". The individuals comprising The Market individually agree to be
bound by the terms of this Agreement, and the undersigned representative for The Market
states that she/he has full authority to bind The Market individually and collectively to the
terms contained herein.
Exhibit A
Exhibit B
2014 List of Officers
President:
Andrea DeJesus
1374 Collins Lane
Manhattan KS 66502
785.341.7794
[email protected]
Vice President:
Jason Palenske
2500 Farm Bureau Rd. #258
Manhattan, KS 66502
Secretary/Treasurer:
Jonathan English
3027 S. Elizabeth St.
Wichita, KS 67212
785.829.1408
[email protected]
Board Members:
Lisa Allen
430 Oakdale Drive
Manhattan, KS 66502
785.556.0010
Paula Daniels
5375 Hopkins Creek Road
St. George, KS 66535
785.640.4365
George LeRoux
Rt. 1 Box 207A
Alta Vista, KS 66834
785.499.5372
[email protected]
Jay Schleichter
1282 21st Road
Clay Center, KS 67432
* *
*
Area Downtown
Farmers Market is
to use
*
Location of City
signs used at 5th &
Humboldt
6' tall sandwich
sign (up
Saturdays only,
April - Oct.)