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HomeMy WebLinkAboutOrdinance 5531 ORDINANCE NO. 5531 AN ORDINANCE TO AMEND §97.086 VENDING AND PEDDLING OF THE CODE OF FAYETTEVILLE TO EXPAND THE NUMBER OF DAYS PER WEEK THAT THE FARMERS' MARKET CAN OPERATE AT THE BOTANICAL GARDENS WHEREAS, the Parks and Recreation Advisory Board recommends that the Farmers' Market be allowed to expand their hours of operation at the Botanical Gardens of the Ozarks (if approved by this organization) from Sundays only to Sundays, Saturdays and one weekday. 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 §97.086 Vending and Peddling (B) Exemptions by repealing the last sentence of (B) and enacting a replacement sentence as follows: "The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the 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 2nd day of October, 2012. APPROVED: ATTEST: By. By: HELD�S�N, Mayor SONDRA E. SMITH, City CIerk/Treasurer ��`•r,�R� •FAYE7TEVILI_E• - yf��`,'o T', ����. 1 aIN tp9 0O HEARTHSTONE DR # aP"� Q w Ot . N . lgri '� r .4 � •!� .iii:. Late Fa 01�p Y Farmers' Market at Botanical Gardens Exhibit A 1 inch = 150 feet City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/2/2012 City Council Meeting Date Agenda Items Only A Connie EdmonstonParks&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 extend their days and hours of operation to sell produce, flowers and items on Saturday, Sunday and on another day of the week year round within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. 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 L—J Budget Adjustment Attached L.J -1 T '. .� , 9/14/2012 Previous Ordlnance or Resolution# 5310 De artment Dir cta Date §97.086 Vending&Peddling f Original Contract Date: 130-03 Lease Agreement with BGSO Original Contract Number: 9/2/2003 orney Date Finance and Internal Services Director Date Received in City Clerk's Office /)/" /7—/a yChiefof DateReceived inMayor's Office Date s Comments: Revised January 15,2009 i T%1 ��r1 le THE CITY OF FAYETTEVILLE,ARKANSA ay tY 1 DEPARTMENT CORRESPONDENC RRKANSAS e . CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff P11-1 From: Connie Edmonston, Parks and Recreation Director Date: October 14, 2012 Subject: Ordinance to Amend §97.086 Vending&Peddling at Lake Fayetteville Park PROPOSAL: Ordinance §97.086 prohibits vending and peddling in parks. In 2010, this ordinance was amended to allow the Farmers' Market to sell produce, flowers and items allowed by Fayetteville Code §114.02 (C) on Sundays from April until October within the land leased by the Botanical Garden Society of the Ozarks (BGSO) at Lake Fayetteville Park. See attached Ordinance#5310. The Farmers' Market is requesting to expand their market to sell goods year-round on Saturdays from 7 am to 12 pm, Sundays from 9 am to 2 pm and on another day of the week from 4 pm until 7 pm. The area requested by the Farmers' Market is within the 100 acres of Lake Fayetteville Park that has been leased to BGSO since 1997 for the purpose of operating a botanical garden. The market would be located south of BGSO, in the meadow south of Hilton Creek. The area east of the trail would remain as customer parking for the market,BGSO and the trail. See attached map. BGSO's Board of Directors has approved the Farmers' Market request to expand their operations at Lake Fayetteville Park in the BGSO leased area upon approval of the City Council. See Ronald Cox's attached letter to Mayor Jordan. BGSO and the Farmers' Market have entered into an Operating Agreement to mutually support their partnership at Lake Fayetteville Park. The Parks and Recreation Advisory Board at their September 10,2012 meeting recommended approval of the amendment to Ordinance §97.086 to allow the expansion of year-round operation of the Farmers' Market at the BGSO on Saturdays, Sundays, and another day during the week. See attached meeting minutes. If the City Council approves this proposal,the Farmers' Market would be required to modify their Conditional Use Permit from the current ordinance allowing the Farmers' Market at BGSO on Sundays from April until October to add Saturdays and another day of the week and for the time period to be year-round. The Planning Commission can not consider the Farmers' Market request for modified hours of operation until the City ordinance would allow them to operate the extended hours requested. THE CITY OF FAYETTEVILLE,ARKANSA At a later date, the Farmers' Market has expressed interest in erecting a 48' x 135' tent to operate the market. According to the City's process, the Farmers' Market would need to submit an Administrative Item request to the Planning Commisssion to include the tent as part of their conditional use permit. RECOMMENDATION: BGSO and Parks and Recreation Advisory Board recommend approval of an Ordinance to Amend §97.086 Vending and Peddling to allow the Farmers' Market to extend their days and hours of operation to sell produce, flowers and items on Saturday, Sunday and on another day of the week year-round within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. The Farmers' Market is a very popular event in our City. BGSO's 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. BUDGET IMPACT: None Attachments: Ordinance 5310 Farmers' Market Request Farmers' Market Site Map BGSO Letter of Approval PRAB Meeting Minutes September 10, 2012 ORDINANCE NO. AN ORDINANCE TO AMEND §97.086 VENDING AND PEDDLING OF THE CODE OF FAYETTEVILLE TO EXPAND THE NUMBER OF DAYS PER WEEK THAT THE FARMERS' MARKET CAN OPERATE AT THE BOTANICAL GARDENS WHEREAS, the Parks and Recreation Advisory Board recommends that the Farmers' Market be allowed to expand their hours of operation at the Botanical Gardens of the Ozarks (if approved by this organization) from Sundays only to Sundays, Saturdays and one weekday. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends §97.086 Vending and Peddling (B) Exemptions by repealing the last sentence of (B) and enacting a replacement sentence as follows: "The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the 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 18th day of September, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer U ((tom 1,1 Lo -- _J,., FAYETTEVILLE CODE PF ORDINANCES �►" ' �� J+"� TITLE IX GENERAL REGULATIONS firecrackers, torpedoes, skyrockets, roman The Farmers' Market and its members may candles or other fireworks, explosives or sell items allowed pursuant to §114.02 (C)of inflammable materials without having first the Fayetteville Code on Sundays within a obtained prior written consent pursuant to portion of Lake Fayetteville Park that is the requirements of§94,04. licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as (Code 1965,§§17A-24, 17A-26; Ord. No. 1594,4-1-68; shown on Exhibit'A'. Code 1991,§97.082) Cross reference(s)--Penalty, §97.999, Sale and $ use of fireworks,§94.04(B). 97.083 Soliciting Alms No person in a park shall solicit alms or r., J19AA Won contributions for any purpose, whether public or private. (Code 1965, §17A-25; Ord. No. 1594, 4-1-68; Code 1991,§97.083) Cross reference(s)--Penalty,§97.999. 97,084 Entering Closed Areas ; _ I No person in a park shall enter an area posted as "Closed to the Public", nor shall any person use, " ' '`• '" _ or abet the use of, any area in violation of posted'` notices. (Code 1965, §17A-27; Ord. No. 1594, 4-1-68; Code 1991,§97.084) Cross references)--Penalty,§97.999. Formers'Market of Lake Fayetteville Park 97.085 Going Onto Ice within Botanical Garden leased area No person in a park shall go onto the ice on any of the waters except such areas as are (Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code designated as skating fields, and provided a 1991,§97.086,Ord.5310,4-6-10) safety signal is displayed. Cross reference(s)--Penalty,§97.999. (Code 1965, §17A-28; Ord. No. 1594, 4-1-68; Code 1991,§97.085) 97.087 Advertising Prohibited Cross reference(s)--Penalty,§97.999. No person in a park shall announce, advertise, or call the public attention in any way to any article 97.086 Vending And Peddling or sgrvice for sale or hire. (A) General prohibition of selling or offering to (Code 1965, §17A-30; Ord- No. 1594, 4-1-68; Code p 9 9 1991,§97.087) sell items in city parks. No person or business shall, within a city park, display, Cross reference(s)--Penalty,§97.999. offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle 97.088 Signs Prohibited for the display, sale or transportation of any such article. (A) No person in a park shall paste, glue, tack, or otherwise post any sign, placards, (B) Exemptions. The City's regularly licensed advertisement, or inscription whatsoever, nor concessionaires acting pursuant to the shall any person erect or cause to be authority and regulation of the City are erected any sign whatsoever on any public exempt from subsection (A). Nonprofit lands or highways or roads adjacent to a organizations which have obtained a special park,except as set forth hereinbelow- events permit may sell nonalcoholic beverages and food during an annual event. (B) Exceptions. Gulley Park Concert sponsors may sell food and nonalcoholic beverages during the (1) Athletic Field Signage- Signs shall be concerts when specifically permitted by the permitted on softball/baseball outfield ,.� Parks and Recreation Department Director, fences and scoreboards at locations and CD97:9 �...� 'N '} � •S N�. i"•-I+fj�Y:,• J J+'.,+.+ ; �`I�/ i �+_ f I h Ail 1� nLP y ti 5 a + Alp A ❑ ,HEARTHS T NE DR dL . . Ix ui CO +, ..V. f i} i1 fie . , • � ',i is ?' 00t, , y 04, Farmers' Market at Botanical Gardens Exhibit A 1 inch = 150 feet BOTANICAL GJADEN _` OZARKS �rl August 17, 2012 Mayor Lioneld Jordan City of Fayetteville Administration Building 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: The Botanical Garden of the Ozarks and the Fayetteville Farmer's Market have joined as community partners for several years to provide natural foods and crafts to the public and to bring both residents and visitors to the Botanical Garden. The Botanical Garden is very supportive of the efforts of the Fayetteville Farmer's Market. With the approval of city officials, Fayetteville Farmer's Market has the approval of the Botanical Garden of the Ozarks and its Board of Directors to operate on the grounds of the Botanical Garden on dates and times mutually agreed upon agreed upon by both parties. In addition, with the prior approval of the Botanical Garden, the Fayetteville Farmer's Market may on occasion conduct other special events and activities at the Botanical Garden. The Botanical Garden of the Ozarks supports the efforts of the Fayetteville Farmer's Market to maximize its public exposure and maximize sales of its products. Sincerely, C--V/- Ronald Cox Executive Director ,170.3 N CROSSOVER ROAD I'() 'Wx 10407 FAYFTTEVILLF, ARKANSAS 72703-0042 FEL 471.750 2620 FAA 479.756 1920 1MW BGOZARKS ORG bgo.ffin9.14.12.doc- Google Docs Page 1 of 1 FAYET EVI LLE s *17W Rural Mountain Producers Exchange PO Box 3076 Fayetteville AR 72702 www.fayettevillefarmersmarket.org Mayor Jordan and City Council The mission of the Rural Mountain Producers Exchange is to support the development of a healthy economy for small-scale agriculture in Northwest Arkansas primarily by establishing farmers' markets for the direct sale of local agricultural products and handcrafted items. Our further goals are to provide education on local food and growing practices to the public,and to promote sustainability and economic development In our community. The Fayetteville Farmers'Market requests additional days and hours of operation of the Farmers'Market at the Botanical Garden of the Ozarks. This would allow the Farmers' Market to operate Saturdays,Sundays,and one additional day or evening. With this,we would also like to operate the Market year round. We believe that this will not only provide additional opportunities to our vendors, it allows us to reach a different demographic not currently being served by the Fayetteville Farmers'Market. We do not feel that this will impact the Downtown Square Market in any way,but will Instead provide our services to a different clientele. The Fayetteville Farmers'Market(FFM)and the Botanical Garden Society of the Ozarks (BGSO)have reached an operating agreement that is acceptable to both parties. Both organizations feel that our partnership will benefit the community we serve through educational programs and accessibility to locally grown and handmade products. Thank you for considering our request. Respectfully, RMPE Board of Directors and Fayetteville Farmers'Market Management Chuck Rutherford, RMPE President Lori L.Boatright, FFM Coordinator https:Hdocs.google.com/document/d/11xAM-wHtAcbod5n2iUdOdupgAZNtwtOHJD6t2O9... 9/14/2012 FAYETTEVILLE PARKS AND RECREATION ADVISORY BOARD Minutes for September 10, 2012 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order by Steve Meldrum at 5:33 p.m. in Room 111 at the City Administration Building at 113 West Mountain Street in Fayetteville, Arkansas, Present: Parks and Recreation Advisory Board members McKnight, Leonard, Meldrum, Lawson, and Proffitt were present. Waite, Paul, and Watson were absent. City Staff members present were Edmonston, Jumper, and Humpluy. 1. Botanical Garden Society of the Ozarks and Farmers' Market request to amend Ordinance 97.086 Vending and Peddling of Chapter 97 Parks and Recreation: Lori Boatright, Farmers' Market and Ron Cox, Executive Director of BGSO Botanical Garden Society of the Ozarks and Farmers' Market are requesting to allow the Farmers' Market to sell produce, flowers, and items on Saturday, Sunday, and one additional day within the area leased to the Botanical Garden Society of the Ozarks located in Lake Fayetteville Park. Edmonston presented the current ordinance requirements Meldrum wanted to know if they were asking to expand from one day to three days. Boatright said it would be open Saturday and Sunday and one evening during the week. It would still be the same members limited as to what they can do on the square. They would like an alternate shopping location for a different demographic. Meldrum said that the Saturday market has grown. He said this is a great idea. It would open it up to Springdale. Edmonston said the City supports growth. The only concern is the impact on Saturday's market on the square. Boatright said entirely different cliental will be served. McKnight asked if the records would be kept separately. Boatright said yes, and there would be no impact on Saturday's numbers. Leonard asked if there would be staffing adjustments for the Botanical Gardens, Cox said no. He added that the market would be from 7 a.m, until noon,and cleared by 1 p.m. Lawson asked if the Botanical Gardens would make money from the market. Cox said no. Lawson wanted to know if they charged for weddings. Cox said yes. Edmonston said the ordinance needs to be amended to allow vending and peddling to sell on Saturdays and weekdays and also make it year round. Boatright added that the vendors need a winter market, since there isn't one available now. McKnight said he had no objection. PRAB Motion: Proffitt motioned to accept amended Ordinance §97.086 to include Sundays and weekdays. Meldrum seconded it. Motion passed 5-0-0 by voice vote.