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
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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
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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
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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.
