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HomeMy WebLinkAboutOrdinance 5310 ORDINANCE NO. 5310 AN ORDINANCE TO AMEND §97.086 VENDING AND PEDDLING OF CHAPTER 97 PARKS AND RECREATION OF TFIE FAYETTEVILLE CODE TO ALLOW THE FARMERS' MARKET TO OPERATE IN LAKE FAYETTEVILLE PARK WHEREAS, The Botanic Garden Society of the Ozarks has requested to be allowed to site the Farmers' Market on its leased grounds on Sunday; and WHEREAS, the Farmers' Market desires to sell produce, flowers, and items allowed by §114.02 (C) of the Fayetteville Code within the area leased to the Botanical Garden Society of the Ozarks which is within Lake Fayetteville Park; and WHEREAS, allowing Farmers' Market to sell within a city park requires an amendment to the general prohibition of vending in city parks. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §97.086 Vending and Peddling of the Fayetteville Code and enacts a new §97.086 Vending and Peddling as shown below: "97.086 Vending and Peddling "(A) General prohihition of selling or of to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. "(B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages and food during an annual event. Gulley Park Concert sponsors may sell food and Page 2 Ordinance No. 5310 nonalcoholic beverages during the concerts when specifically permitted by the Parks and Recreation Department Director. The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays within a portion of Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit `A'." PASSED and APPROVED this 6°i day of April, 2010. APPROVED ATTEST: By: l By:_ �j� LIO + JO , ayor SONDRA E. SMITH, City Clerk/Treasurer .``�RIUTR '%, *O c SGS ;FAYETTEVILLE; .-9s.9RKANSP�J��° %,%GTON 0 0 Y 111 ��� •'� it { , ► ' s + .. r ) I � ¢ JL4 .Y I I City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/6/2010 City Council Meeting Date Agenda Items Only Connie Edmonston Parks & Recreation Parks& Recreation Submitted By Division Department Action Required: Approval of an Ordinance to Amend §97.086 Vending and Peddling of Chapter 97 Parks and Recreation of the Fayetteville Code to allow the Farmers' Market to sell produce, flowers and items on Sunday meomimts within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. rti n/a $ Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 3/18/2010 Previous Ordinance or Resolution# 97.086 ; AZ/� lDe�pa Director "f11 Date / // Original Contract Date: 130-03 ! (0 Original Contract Number: 9/2/2003 Attorney Date `f0J 0. _ �o �, _ 3ti-20is I Fina and Internal Services Director Date Received in City Q1b1NTTR1108 Clerk's Office 3-r9 � Chief of St Date p Received in Mayor's Office 11 1N3 Mayor Comments: Revised January 15,2009 Fe rK,16le THE CITY OF FAYETTEVILLE,ARKANSAYDEPARTMENT CORRESPONDENC S CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff / From: Connie Edmonston, Parks and Recreation Directo{1' Date: March 22, 2010 Subject: Ordinance to Amend §97.086 Vending&Peddling at Lake Fayetteville Park PROPOSAL: The Farmers' Market has requested to sell produce, flowers and items allowed by Fayetteville Code §114.02 (C)within the land leased by the Botanical Garden Society of the Ozarks (BGSO) at Lake Fayetteville Park. Currently, vending and peddling in parks is prohibited by Ordinance §97.086; therefore, Staff is requesting an amendment to the ordinance to allow the Farmers' Market to sell on Sundays in the BGSO leased area. The area is approximate 500' x 900' and would extend north to the greenhouse location, west of Highway 265, and the area north of the southern park boundary including the over-flow parking area. The parking lot's southern portion which does not have marked spaces could be used for the Fanners' Market. The paved trail, as well as the paved parking lot, would be excluded as depicted in the unshaded areas on the attached map. The Farmers' Market would also be required to obtain a Conditional Use Permit from the Planning Commisssion scheduled for the April 12d' meeting. BGSO Board of Directors approved at the March 16, 2010 meeting to support the Farmers' Market within their leased area on Sundays pending upon City Council's approval of amending the Park Ordinance and the Planning Commission's approval of the Conditional Use Permit. (See attached BGSO March 16t1' Board Meeting Minutes.) If approved, the Farmers' Market could open as early as April 18t1i. RECOMMENDATION: BGSO and City Staff recommend for City Council to approve the amendment to Park Ordinance §97.086 to allow the Farmers' Market to utilize the BGSO area on Sundays to sell produce. The Farmers' Market is a very popular event in our City. BGSO location within Lake Fayetteville Park will be an opportune site to expand the services of the Farmers' Market, as well as attract citizens to BGSO and Lake Fayetteville Park. BUDGETIMPACT: None. Attachments: Kit Williams,City Attorney Memo Draft Ordinance March 16,2010 BGSO Board Meeting Minutes Farmers' Market Site Map Motions from the BGSO board meeting March 1.6: The BGSO board voted to support the conditional use permit for the Fayetteville Farmers' Market to offer products and produce for sale at the Botanical Garden on Sunday mornings from April until November 201.0. The BGSO board voted to support amending existing pertinent city ordinances to permit the selling of Fayetteville Farmers' Market products and produce at:the Botanical Garden on Sunday mornings from April until November 2010. The BGSO board voted to accept the terms and conditions of the Arkansas Forestry Commission Redesign Urban and Community Forestry Assistance Grant of$9,940 matching a similar BGSO investment to permit staff to clean and prune ice storm damage and remove invasive species on the Garden grounds. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY fil DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor Don Marr, Chief of Staff Connie Edmonston, Parks, Recreation & Community Spaces Director FROM: Kit Williams, City Attorney DATE: March 15, 2010 RE: Farmers' Market selling in Lake Fayetteville Park on Sundays In order to permit the Farmers' Market to sell within the portion of Lake Fayetteville Park currently leased to the Botanical Garden Society of the Ozarks, §97.086 Vending and Peddling of the Fayetteville which prohibits most sales within our parks needs a further exemption to allow the sales by the Farmers' Market's members. Even though I do not believe our lease with the Botanical Gardens Society allows them to sublease a portion of their property, I believe the Society can allow the Farmers' Market to occupy a portion of their property without a formal lease or sublease. Thus, despite my earlier concern about subleasing, I now believe that the only official action needed by the City Council would be an amendment to the provision that prohibits sales within our parks. Although most changes in the Fayetteville Code are general and permanent in nature (and thus not effective for 31 days), this change really only adds a specific exemption to allow the Farmers' Market to sell items within our park on Sundays. Therefore, this exemption should take effect immediately upon passage. ORDINANCE NO. AN ORDINANCE TO AMEND §97.086 VENDING AND PEDDLING OF CHAPTER 97 PARKS AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW THE FARMERS' MARKET TO OPERATE IN LAKE FAYETTEVILLE PARK WHEREAS, The Botanic Garden Society of the Ozarks has requested to be allowed to site the Farmers' Market on its leased grounds on Sunday; and WHEREAS, the Farmers' Market desires to sell produce, flowers, and items allowed by §114.02 (C) of the Fayetteville Code within the area leased to the Botanical Garden Society of the Ozarks which is within Lake Fayetteville Park; and WHEREAS, allowing Farmers' Market to sell within a city park requires an amendment to the general prohibition of vending in city parks. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §97.086 Vending and Peddling of the Fayetteville Code and enacts a new §97.086 Vending and Peddling as shown below: "97.086 Vending and Peddling "(A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. "(B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages and food during an annual event. Gulley Park Concert sponsors may sell food and nonalcoholic beverages during the concerts when specifically permitted by the Parks and Recreation Department Director. The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays within a portion of Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit `A'." PASSED and APPROVED this 6°i day of April, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDI2A E. SMITH, City Clerk/Treasurer FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LE(,Ad,DE;I?ARTMENT TO: Lioneld Jordan, Mayor Sondra Smith, City Clerk Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Director Jeremy Pate, Development Services Director Yolanda Fields, Community Services Director Justine Middleton, Animal Services Superintendent FROM: Kit Williams, City Attorney DATE: April 8, 2010 RE: Ordinance passed relating to Farmers' Market on the Square and in the Botanical Gardens Although becoming part of the permanent Code of Fayetteville, both of the ordinances passed by the City Council on April 6, 2010 are specific in nature (relating only to the Farmers' Market) as opposed to general (in application to everyone). Therefore, both ordinances are effective and in force upon approval of the Mayor and his signature upon the ordinances. (If general in application and permanent, ordinances do not become effective until 31 days after passage and approval.) City Clerk Sondra Smith will have the fully executed and filed ordinances for your information and use. The Fayetteville Code is updated every quarter so it will be some time before the applicable amended code sections are incorporated into the Fayetteville Code. RECEIVED NORTHWEST ARKANSAS MAY 0 4 2010 CITY OF FAYETTEVILLE NEWSPAPERSI� CITY CLERK'S OFFICE Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5310 April 16, 2010 Publication Charge : $) 154.48 Signed: Subscribed and sworn to before me This-')kday of Per\) 2010. Notary Public _ LNotary ington Cewr..; Number 1237': A; ublic - Arkansas My Commission Expires: n Expires Jan.20,2020 Do not pay from Affidavit, an invoice will be sent ORDINANCE NO,5310 AN ORDINANCE TO AMEND"§97 66"VENOING AND' PIE CHAPTER 971 PARKS AND RECREA170N OF<THE FAYETTEVILI.E CODE TO.. . ` ALLO�V'THE FARv1ERS MARKS TO OPERATE IN LAKE FAY ET7EVILLSPAftK ARKANSAS WHEREAA% The Botanic Garcjen Society of the Ozarks fi s requested to be allowed to site the Farmers` Marken on is Ieaseii groLntls otl Sun`day,rapd i WHEREAS, (he Farmers Market desires to sell produce,flowers and deme allowed by , §114 02(C)of the Fayetteville Code wdhin fne area lea's`ed to the Botanical Garden Soniety, of3he Ozirksewhich is wrthm take Fayettevtlle Park,anti WHER EAS, allowing�Farmers Market to sell within a=city park requires an,ame>?dment tit° the general prohibition of`vending in city parks NOW, THEREFORE 9E IT ORDAINED"B.Y THE CITY COUNCIL OF THE CITYsOR' �` FAYETT4VILLE,ARKANSAS Section 1, That the.City Council of the.City of Fye,(k�ville Arksnsas hereby rapeals� §97086 Ybadingand Peddling of the Fayetteville-Code•and enacts a n'e'v✓ §97.084 ." Vendinggand Peddling es.shgwrf below:; Nvt 97 086 Vending and Peddling (A)General prohibition of selling or offenng to sell items m city parks No person or puss Hess shall,wdhm�a cdy`park display offei for sale wor-9ejl-any�artiole'thmg of'serwce�no�> place any stand cartorKvehwleff4r the displ sale or transportation gfany,such articlex..; (B) EKemptwns The•_Cdys regularly licensed concessionaires actin authority grid rcgfilation of the City.ar6 6e empt from`subsectior °(Aj Non ursu�organ zae` ons which have obtaloed a sp eiai evens permit mayiSello-nbnalcoholic�bdyerages acrd: food durang an annual event Gulley Park Goncen sponsors may sell food and nonalcoholic: beverages*during t e`:bohoert§-whenrspecifioaf Iy Peimif(ed by{tfie"-Parks and Recreation i Depar menY Director Tie Far�nera,-Market and its membgrsgnay sel4items alloWedrpursu ant to§114.p2(C)of the Fa ettevijle Code on Sundays within a porticn of Lake�yettev lie; '- Park that�is�iieensedto the Bofenicai Garden Society ofithe.Ozarks'(rf a(�pr`o'ved by=they Society)as shown on Ex#iibit � PASSED and APPROVED this 6th,day of April 2010 'J APPROVED' r` 'g7TEST. LIONEL&JORDAN, a or My _,6 SONDRAE,SMITH, Cdy,Clerk/Treasurer Exhibits for this ordinance may In viewed irS'the office of the C Clei „ , .. Ydh!�,....k/ireasulet