HomeMy WebLinkAboutOrdinance 5487 ORDINANCE NO. 5487
AN ORDINANCE TO AMEND §114.03 FIRST THURSDAY
FAYETTEVILLE TO CLOSE ALL STREETS AROUND THE SQUARE
FROM 4:00 P.M. TO 10:00 P.M. DURING FIRST THURSDAY AND TO GIVE
CONTROL OF ALL PARKING AROUND THE SQUARE (BOTH INSIDE
AND OUTSIDE) TO THE FAYETTEVILLE CONVENTION AND VISITORS
BUREAU DURING FIRST THURSDAY
WHEREAS, the Fayetteville Convention and Visitors Bureau and City Administration
recommend that all vehicles be prohibited from using all streets around the Square from 4:00
P.M. until 10:00 P.M. on the first Thursday of every month from April through November; and
WHEREAS, the Fayetteville Convention and Visitors Bureau and City Administration
recommend that the Fayetteville Convention and Visitors Bureau be given exclusive control over
all parking places around the Square to include both inside and outside parking spaces.
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 amends
§114.03 First Thursday Fayetteville (B) Location, parking restrictions and administration by
repealing this subsection and enacting a replacement subsection(B) as shown below:
"(B) Location,parking restrictions and administration. First Thursday
Fayetteville shall be located and have control over the public parking
spaces along both sides of East Avenue between Mountain Street and
Center Street, along both sides of Center Street between East Avenue
and Block Avenue, along both sides of Block Avenue between Center
Street and Mountain Street, and along both sides of Mountain Street
between East Avenue and Block Street during its hours of operation.
The Fayetteville Convention and Visitors Bureau shall administer First
Thursday Fayetteville and is authorized to remove or request the
ticketing of vehicles parked within the allocated areas on East
Avenue, Center Street, Block Avenue and Mountain Street between
Page 2
Ordinance No. 5487
4:00 P.M. and 10:00 P.M. on days of the event. The Bureau is further
authorized to close East Avenue between Mountain Street and Center
Street, Center Street between East Avenue and Block Avenue, Block
Avenue between Center Street and Mountain Street and Mountain
Street between East Avenue and Block Street to vehicular traffic during
the First Thursday Fayetteville event."
PASSED and APPROVED this 6ft' day of March,2012.
APPROVED: ATTEST:
B By: U`f�1 / ILS
I NELD JO , Mayor LISA BRANSON, Deputy City Clerk
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:FAYETTEVILLE:
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/6/2012
City Council Meeting Date
Agenda Items Only
Julie McQuade,CCommunity Outreach Coordinal Communication&Volunteer Services
Submitted By Division Department
Action Required:
City Council approval of an ordinance to amend Chapter 114.03 First Thursday Fayetteville:subsection(B)to add
additional locations for the event to include the block of all streets forming the downtown historic square(Center,
Block, Mountain,and East).
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
-17 1 Previous Ordinance or Resolution# 5392
Dep an irector Date
Original Contract Date:
l --�
Original Contract Number.
City Attorney Date
`
ca Cl. 2--21-20th
Finance and Internal Services Director Date Received in City 02-17-12 P01 :56 R C V D
Clerk's Office YJ d
® ; -21I JY
yChieeTl6of DateReceived in ENiEREUn� Qa' / &4 Da e
Comments:
Revised January 15,2009
Fay r �� THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and City Council
Thru: Lindsley Smith, Communications & Volunteer Service
From: Julie McQuaommunity Outreach Coordinator
Date: February 28, 2012
Subject: First Thursday Fayetteville
PROPOSAL: The City Administration is requesting an ordinance to amend Chapter 114.03 (B) of the
Fayetteville Code to include the blocks which form the downtown square of Block, Center, East, and Mountain
Streets and parking spaces on both sides of these blocks for the First Thursday Fayetteville monthly cultural arts
event, except for a turning lane allowing traffic from Center Street to turn north onto East Street and a turning
lane allowing traffic from Block Street to turn west onto Center Street.
RECOMMENDATION:
In 2010, Ordinance 5307 amended Chapter 114 of the Fayetteville Code to establish the First Thursday
Fayetteville cultural arts event on the Fayetteville downtown square during the months of April through
November annually. In 2011, Ordinance 5392 amended Chapter 114.03 (b) of the Fayetteville Code to expand
the space allowed to meet the growth of the successful monthly arts event. This amendment added the block of
Mountain Street between East and Block Streets to the area allowed for location of this event which was
originally the block of East Street between Mountain and Center Streets.
Once again,the success of this event has contributed to a need for additional space to meet the continued
growth. First Thursday Fayetteville continues to bring cultural arts to the public; increasing revenues for local
artists,merchants and restaurants in the area; and providing opportunities for local non-profits to raise funds for
their programs.
In order to accommodate the growth of this monthly cultural arts event, city staff recommend adding the block
of Center Street between East and Block Streets and the block of Block Street between Mountain and Center
Street to the allowed location for this event,provided that a turning lane is left open at the intersection of East
and Center Streets and at the intersection of Block and Center Streets to allow traffic to turn north onto East
Street and west onto Center Street.
BUDGET IMPACT:
There is no budget impact.
Page 1 of 3
Julie McQuade-RE: City ordinance request
From: "Tanner Montgomery" <tmontgomery@experiencefayetteville.com>
To: "'Julie McQuade"' <jmcquade@ci.fayetteville.ar.us>
Date: 2/16/2012 4:07 PM
Subject: RE: City ordinance request
Attachments: FirstThursdayExpansionSupport.pdf
Julie,
Thank you very much for following up on this. I just got finished with it actually. To add,The Mustache's only concern
was how we will block off the intersection of Block and Center. To answer that,we will only partially block it off,to
where cars may still come up Block and turn onto Center to be able to park behind the Block Street Square Merchants.
To address UPS deliveries if any may arise,our workers at the intersection will just let the trucks through and then
close the street back off. Arvest's concern was to ask if we could let traffic still pass through Center Street up until
5:00,and we will only block off parking spots on Center Street because of that concern.
Most of everybody I spoke with around the square seems to be in full support of this expansion,and even very excited
about it. Thank you once again for all your help and everything you do for us. Please let me know if you need any
additional information. Have a great day!
Tanner Montgomery
Visitor Services Manager
Fayetteville Visitors Bureau
479-521-5776
www.experiencefayetteville.com
www.firstthursdayfayetteville.com
......... .__._,_ ._ __..______. .
From: Julie McQuade [mailto:jmcquade@ci.fayetteville.ar.us]
Sent:Thursday, February 16, 2012 3:34 PM
To: Montgomery,Tanner
Subject: RE: City ordinance request
Tanner,
Do you have the information to send me?I've got to get the agenda package approved tomorrow and it has to go
through a few offices to do that.
Thanks,
Julie
Julie McQuade
Community Outreach Coordinator
City of Fayetteville
113 West Mountain, Suite 320
Fayetteville,AR 72701
(479) 575-8302
www.accessfayetteville.org
TDD (Telecommunications Device for the Deaf)479-521-1316
Get connected to your community on the Community Link.
file://C:\Users\jmcquade\AppData\Local\Temp\XPgrpwise\4F3D29A9FAYETTEVILLECITYHALL10016D61751... 2/16/2012
Page 2of3
1
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Community Events, Ideas, News, &Volunteers.
>>> On 2/14/2012 at 3:26 PM, 'Tanner Montgomery" <tmontgomerv@experiencefavetteville com> wrote:
Alright sounds good. So then I will email all information to you. Marilyn had mentioned friday that she had spoken
with Kit a couple of weeks ago and he said everything was good for him. Please let me know if there is more I need
to take care of. Thanks again:
Tanner Montgomery
Visitor Services Manager
Fayetteville Visitors Bureau
479-521-5776
www.experiencefayetteville.com
www.firs tthursda�fayettevill e.com
From:Julie McQuade fmailto imcguadeCala favetteville.ar usl
Sent:Tuesday, February 14, 2012 1:55 PM
To: Montgomery,Tanner
Subject: Re: City ordinance request
Scanning it is fine. Have you talked to Kit Williams yet?
Julie
Julie McQuade
Community Outreach Coordinator
City of Fayetteville
113 West Mountain, Suite 320
Fayetteville,AR 72701
(479)575-8302
www.accessfaVefteville.org
TDD(Telecommunications Device for the Deaf)479-521-1316
Get connected to your community on the Community Link.
lludl"
Community Events, Ideas, News, &Volunteers.
>>> On 2/14/2012 at 1:53 PM, "Tanner Montgomery" <tmontgomery@experiencefavetteville.com> wrote:
Julie,
I have notified all of the business and property owners around the square,and did not have many comments or
concerns expressed tome. I do however have many signatures from them stating that they are in favor of the
expansion of First Thursday Fayetteville to all four streets on the square. I have all of the information I have in
a folder together. Would you like me to bring you the folder with all of it,or would you rather us scan it and
send it all electronically?
fi I e://C:\Users\j mcquade\AppData\Lova I\Temp\XPg rpwise\4F3 D29A9FAYETTEVILLECITYHALL10016D61751... 2/16/2012
ayetL-viLile Departmental Correspondence
LEGAL
www.accessfayetteville.org DEPARTMENT
TO: Mayor Jordan Kit Williams
City Council City Attorney
Jason B.Kelley
CC: Don Marr, Chief of Staff Assistant City Attorney
Lindsley Smith, Communications & Marketing Director
David Dayringer, Fire Chief
FROM: Kit Williams, City Attorney
DATE: February 21, 2012
RE: First Thursday expansion to close all streets around the Square
I have drafted an ordinance to amend §114.03 First Thursday Fayetteville
as requested by Julie McQuade and Lindsley Smith (and evidently by the
Fayetteville Convention and Visitors Bureau). My wording would allow vehicular
traffic to approach the Square from all directions, but require right turns only
(away from the Square) at all four intersections (not just the two which were
requested).
When reviewing the e-mail documentation for this request, I noted an e-mail
from Tanner Montgomery which stated: "Marilyn had mentioned Friday that she
had spoken with Kit a couple of weeks ago and he said everything was good for
him." My memory of that very brief discussion was my concern that the
businesses and offices around the Square might be adversely affected by this
expanded closure of streets and parking. I do believe that the City Council has
great discretion in determining how traffic can use city streets to include temporary
closing of city streets for special events. Therefore, the proposed monthly closure
of all streets around the Square is probably legal.
I do wonder why First Thursday's administrators need twice as much street
closure than the Saturday morning Farmers' Market (four blocks as opposed to two
blocks). This amendment also grants double the parking space closures on Center
Street and Block Avenue to the Convention and Visitors Bureau than what is
provided to the Farmers' Market. This is a policy determination for the City
Council to decide.
ORDINANCE NO.
AN ORDINANCE TO AMEND §114.03 FIRST THURSDAY
FAYETTEVILLE TO CLOSE ALL STREETS AROUND THE SQUARE
FROM 4:00 P.M. TO 10:00 P.M. DURING FIRST THURSDAY AND TO GIVE
CONTROL OF ALL PARKING AROUND THE SQUARE (BOTH INSIDE
AND OUTSIDE) TO THE FAYETTEVILLE CONVENTION AND VISITORS
BUREAU DURING FIRST THURSDAY
WHEREAS, the Fayetteville Convention and Visitors Bureau and City Administration
recommend that all vehicles be prohibited from using all streets around the Square from 4:00
P.M. until 10:00 P.M. on the first Thursday of every month from April through November; and
WHEREAS, the Fayetteville Convention and Visitors Bureau and City Administration
recommend that the Fayetteville Convention and Visitors Bureau be given exclusive control over
all parking places around the Square to include both inside and outside parking spaces.
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 amends
§114.03 First Thursday Fayetteville (B) Location, parking restrictions and administration by
repealing this subsection and enacting a replacement subsection (B) as shown below:
"(B) Location,parking restrictions and administration. First Thursday
Fayetteville shall be located and have control over the public parking
spaces along both sides of East Avenue between Mountain Street and
Center Street, along both sides of Center Street between East Avenue
and Block Avenue, along both sides of Block Avenue between Center
Street and Mountain Street, and along both sides of Mountain Street
between East Avenue and Block Street during its hours of operation.
The Fayetteville Convention and Visitors Bureau shall administer First
Thursday Fayetteville and is authorized to remove or request the
ticketing of vehicles parked within the allocated areas on East
Avenue, Center Street, Block Avenue and Mountain Street between
4:00 P.M. and 10:00 P.M. on days of the event. The Bureau is further
authorized to close East Avenue between Mountain Street and Center
Street, Center Street between East Avenue and Block Avenue, Block
Avenue between Center Street and Mountain Street and Mountain
Street between East Avenue and Block Street to vehicular traffic during
the First Thursday Fayetteville event."
PASSED and APPROVED this 6`h day of March, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
I-AL,-)
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 114: FOOD SALES
114.01 Drive-In Restaurants This marketplace shall be located on the interior
parking spaces(those parking spaces adjoining the
(A) A drive-in restaurant, within the meaning of this Old Post Office) of the Downtown Square. In
chapter, shall be deemed to be any restaurant addition,on Saturdays only,parking spaces on the
where meals,sandwiches,ice cream,or other food, east side of the East Street on the Downtown
is served directly to or is permitted to be consumed Square shall be available for vendors by closing the
by patrons in automobiles, motorcycles, or other street to through traffic. Vendors shall be permitted
vehicles parked on the premises. to park their vehicles at right angles to street curbs
provided that no vehicle shall be permitted to
(B) Prohibited Acts. - extend into the street in such a manner as to
obstruct the free flow of traffic,and no vehicle shall
(1) It shall be unlawful for any person,while on or be parked within 15 feet of any fire plug. All public '
adjacent to the premises of a drive-in sidewalks around the Square shall remain freely
restaurant, to race the motor of any car, to• available to the public with the inside two-thirds
suddenly start or stop any car, or to make or. width of the sidewalks free from any tables,booths
cause to be made,any other loud or unseemly or displays. Farmers' Market vendors may occupy
noise. no more than one-third of the width of the sidewalk
directly in front of their assigned parking space. As
(2) It shall also be unlawful for any other person long as pedestrian traffic is not obstructed or
parked on the premises of such restaurant,to hindered, the corners of the Square's sidewalks
blow or cause to be blown any automobile and any unoccupied space around the outside third -
horn or motorcycle horn at any time while so of the sidewalk can be used during the authorized
parked. hours and days of the Farmers' Market for
government communication, free speech and
(3) It shall be unlawful for any patron or other acoustic music purposes. No sound amplification
person on the premises of a drive-in devices may be used.
restaurant,whether in or out of an automobile,
to drink any intoxicating beverage of any (B) Days and hours. The Farmers' Market may be
nature. open and operating Tuesdays-and Thursdays from
6:00 a.m. until 1:00 p.m. and on Saturdays from
(4) It shall be unlawful for a group of three or more 6:00 a.m. until 2:00 p.m. from April until
persons to congregate and linger at any Thanksgiving.
location on the premises of a drive-in -
restaurant. Persons so congregating and (C) Articles permitted to be sold. The following articles
lingering shall be deemed guilty of loitering. may be sold at the marketplace established hereby:
No person shall drive a motor vehicle on to the vegetables,honey,rawjuices,molasses,fruit,and
premises of a drive-in restaurant and then from 'other produce grown by the vendor thereof,plants,
said premises without parking such motor art work, craft work, and other processed farm
vehicle,unless there is no unoccupied packing products produced by the vendor thereof. All
space available on said premises, products sold at the marketplace must be produced
in compliance with all applicable regulations of the
(5) It shall be unlawful for any person to leave any State Department of Health.
unoccupied motor vehicle on any drive-in
restaurant parking lot and to leave the (D) Sanitation. At the close of each market day, each
premises thereof, except with the knowledge vendor shall be required to leave the marketplace
and consent of the operator of the restaurant. in a clean and sanitary condition, free from debris
and insects.
(Code 1965,§§7A-1,7A-3,7A-4;Ord.No.1706,10-6-69;Code
1991,§114.01) (E) Fee. The fee to be paid by each vendor for the use
of the marketplace shall be$5.00 per year plus ten
Cross reference(s)--Penalty,§114.99(A).. percent of gross proceeds realized by the vendor
from sales at the marketplace. '..
114.02 Farmer's Market
(F) Use of public streets Por business prohibited,
(A) Establishment,location,and parking restrictions. A - exception. It shall be unlawful for any person to '..
farmers' market is hereby established in the city. use any publicstreet,public parking place,or public
"`�- CD114:3
{—
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
sidewalk, as a place of business except as Fayetteville event.
authorized by this section;provided,any merchant
whose building is adjacent to a public sidewalk may (C) Articles permitted to be sold. Only objects of art or
conduct business thereon if pedestrian traffic is not craft produced and sold by a local artist or
obstructed thereby; provided further, the City craftsperson may be sold at the First Thursday
Council may approve temporary use of a public Fayetteville event. The Fayetteville Convention
street,place, or sidewalk as a marketplace where and Visitors Bureau is empowered to assign
such use is part of an event,activity,or celebration precise locations for any vendors wishing to display
of general public interest. The City Council may or sell their personally created art or craft work.
impose reasonable conditions on such use as are
necessary to safeguard the public health, safety, (D) Sanitation. At the close of a vendor's operation(no
and welfare. later than 10:00 P.M.), the vendor shall clean the
immediate area around the vendor's operation and
(G) City laws and regulations prevail over Rural ensure that all trash and debris are removed and
Mountain Producers Exchange Board policies. If properly discarded.
the Mayor determines that a policy of the Rural
Mountain Producers Exchange Board concerning (Ord.5307,3-16-10:Ord.5392,3-15-10)
its operation of the Farmers'Market on city property
violates the law or city regulations,such policy shall 114.04-114.98 Reserved
be revoked and no longer operative. The Rural
Mountain Producers Exchange Board may appeal 114.99 Pertalt
such revocation of any of its policies to the City y
Council. Any person found guilty of violating any of the provisions
of§114.01 shall be deemed guilty of a misdemeanor
(Code 1965,§13-14;Ord.2040.8-20-74;Ord.No.2846,8-17- and shall be fined not more than$100.00.
82;Ord.No.2862,10-5-82;Ord.No.2925.6-7-83;Code 1991,
§114.03;Ord. No.4045,§1,7-15-97;Ord.No.4248,6-6-00; (Code 1965, §§7A-2, 11-5; Ord. No. 786, 9-2-35; Ord, No.
Ord.5309,4-6-10) 1706,10-6-69;Code 1991,§114.99;Ord.No.4045,7-15-97)
Cross reference(s)—Penalty,§10.99.
State law references)--Maintenance and regulation of -
markets,A.C.A.§14-140-101.
114.03 First Thursday Fayetteville
(A) Establishment, hours and dates. First Thursday
Fayetteville is hereby established. This monthly
event shall run on the first Thursday of every
month from April through November during the
hours of 4 P.M.through 10 P.M. �u. t C
(B) Location, parking restrictions and administration.
First Thursday Fayetteville shall be located and
have control over the public parking spaces along
both sides of East Avenue between Mountain
Street and Center Street and along both sides of
Mountain Street between East Avenue and Block
Street during its hours of operation. The
Fayetteville Convention and Visitors Bureau shall
administer First Thursday Fayetteville and is
authorized to remove or request the ticketing of
vehicles parked within the allocated areas on East
Avenue or Mountain Street between 4:00 P.M.and
10:00 P.M on days of the event. The Bureau is
further authorized to close East Avenue between
Mountain Street and Center Street and Mountain
Street between East Avenue and Block Street to
vehicular traffic during the First Thursday
CD114:4
Page 3 of 3
Tanner Montgomery
Visitor Services Manager
Fayetteville Visitors Bureau
21 S. Block Ave
479-521=5776 _... _. _. ..
800-766-4626
www.experiencefayetteville.com
www.firstthursdayfayetteville.com
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