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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 S • F- • :FAYETTEVILLE: %9Sjy9:QKANSP�J�.' T0PApG�`���` 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 IYII MMITY UnH 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 Friend us on Facebook @ Fayetteville, AR Follow us on Twitter @ Expfayetteville Consider the environment before printing this email. file://C:\Users\ mcquade\AppData\Local\Temp\XPgrpwise\4F3D29A9FAYETTEVILLECITYHALL10016D61751... 2/16/2012