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
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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
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