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File #: 23-0719    Version: 1
Type: Consent - Agreements Status: Passed
File created: 10/18/2023 In control: City Council
On agenda: 11/14/2023 Final action: 11/14/2023
Title: Agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street.
Attachments: 1. Staff Report, 2. Agreement with Orange Home Grown Foundation Inc

TO:                                          Honorable Mayor and Members of the City Council

 

THRU:                     Tom Kisela, City Manager

                                                                                                          

FROM:                     Christopher Cash, Public Works Director

                                          

                     

1.                     Subject

title

Agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street.

body

2.                     Summary

Approval of an agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street for their weekly farmers’ market. The agreement outlines both the City’s and Orange Home Grown Farmers and Artisans Market’s responsibilities related to the closure. Implementation of the agreement and closure is contingent upon Orange Home Grown Farmers and Artisans Market maintaining Conditional Use Permit 3100-19 and Resolution Number 11189.

3.                     Recommended Action

recommendation

Approve the agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street for their weekly farmers’ market; and authorize the Mayor and City Clerk to execute on behalf of the City.

 

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4.                     Fiscal Impact

The direct staff costs, estimated to be $375 per week, will be reimbursed to the City by Orange Home Grown Farmers and Artisans Market.

5.                     Strategic Plan Goals

Goal 1: Provide for a safe community

a: Provide staffing and resources to deliver services that ensure public safety.

Goal 3: Enhance and promote quality of life in the community

e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6.                     Discussion and Background

 

Background

Since January 2018 Orange Home Grown Farmers and Artisans Market (OHG) has had a temporary use agreement with the City to utilize West Palm Avenue between North Lemon Street and North Cypress Street every Saturday from 9:00 a.m. - 1:00 p.m. in accordance with Temporary Use Permits 0211-17 and 0222-18.

With the success of the market in this location, OHG applied for a permanent Conditional Use Permit (CUP) No. 3100-19. The Planning Commission approved CUP 3100-19 on October 7, 2019. Key elements that contribute to the success of this location include an appropriate amount of space for all elements of the market, good circulation, good visibility, appropriate access and parking, minimal resident and business impacts, and the ability for overall safety concerns to be addressed.

Operating the Farmer’s Market in this location requires a street closure on West Palm Avenue between North Lemon Street and North Cypress Street every Saturday from 7:00 a.m. to 2:00 p.m. In 2019 following approval of CUP No. 3100-19, the City Council approved an agreement with OHG detailing the City’s and OHG’s responsibilities related to the street closure and Resolution No. 11189 authorizing this street closure for the duration of the agreement. 

Discussion

The agreement allows OHG continued use of the closure area for their weekly market and outlines both the City’s and OHG’s responsibilities related to the street closure. The street closure will be executed each week consistent with a staff approved Traffic Management Plan. The agreement requires OHG to reimburse the City for direct costs associated with the closure, estimated at $375 per week. OHG will be billed for actual costs quarterly. OHG may receive a credit toward these expenses for volunteer maintenance of the historic Orange Grove at Hart Park.  The credit will be equivalent to the City’s approved hourly rate for the most appropriate and applicable staff.  Staff will continue to work with OHG to ensure the closure works safely and sufficiently, with minimal impact to local residents and businesses. 

The term of the agreement is for two years, with the option for three one-year extensions, to be executed by the City Manager, as long as the valid CUP is in place. The agreement outlines insurance requirements and states OHG is responsible for all aspects of production of the market.

7.                     ATTACHMENTS

                     Agreement with Orange Home Grown Foundation, Inc.