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HomeMy WebLinkAboutOrdinance 5682ORDINANCE NO. 5682 AN ORDINANCE TO AMEND § 114.03 FIRST THURSDAY FAYETTEVILLE (A) AND (B) TO CHANGE THE STARTING TIME FOR FIRST THURSDAY FROM 4:00 P.M. TO 3:00 P.M. 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 (A) and (B) to change the starting time for First Thursday from 4:00 p.m. to 3:00 p.m. as shown on Exhibit A attached hereto. PASSED and APPROVED this 15th day of April, 2014. APPROVED: ATTEST: By: jo't�G SONDRA E. SMITH, City Clerk/Tr®e� ►�T''n''' Cj ° •• 'fir.. sFAYE7TEVILLF- EXHIBIT A 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 3:00 P.M. through 10:00 P.M. (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 3:00 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. City of Fayetteville Staff Review Form 2014-0149 Legistar File ID 4/1S/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Lindsley Smith Communications & Marketing Submitted By Division / Department Action Recommendation: Approval of ordinance amending Chapter 114.03 (B) of the Fayetteville Code to change the time in which the Fayetteville Convention and Visitors Bureau has control over the public parking spaces around the Historic Fayetteville Downtown Square from the current beginning time of 4:00pm to instead be 3:00pm for event preparation on the seven days in which First Thursday Fayetteville is held. Budget Impact: Account Number Fund Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: JComments: - 1 Project Title S - 5 Approval Date: CITY OF Tay 1jq ARKANSAS MEETING OF APRIL 15, 2014 CITY COUNCIL AGENDA MEMO TO: Mayor and City Council THRU: Don Marr, Chief of Staff ,fl FROM: Lindsley Smith; Communications, Marketing and Volunteer Services Director;�>_ DATE: March 24, 2014 SUBJECT: First Thursday Fayetteville RECOMMENDATION: This is a request to amend Chapter 114.03 (B) of the Fayetteville Code to change the time in which the Fayetteville Convention and Visitors Bureau has control over the public parking spaces around the Historic Fayetteville Downtown Square from the current beginning time of 4:00 P.M. to instead be 3:00 P.M. for event preparation on the seven days in which First Thursday Fayetteville is held. BACKGROUND: In 2010, Ordinance 5307 amended Chapter 114 of the Fayetteville Code to establish the First Thursday Fayetteville cultural arts event on the Historic Fayetteville Downtown Square during the months of April through November annually, which constitutes seven days each year for this cultural arts event. Since First Thursday Fayetteville began, the event's huge success required an expansion of event space around the Downtown Square for additional booths, with the event space concerns being addressed by the Fayetteville City Council in 2011 and 2012 to secure all four streets around the Downtown Square for this cultural arts event. The City Ordinance designates the Fayetteville Convention and Visitors Bureau as the entity that "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." DISCUSSION: Preparation time has always been tight for ensuring parking spaces are open around the Downtown Square for coordinating individuals setting up booths and getting vehicles in and out for booth and art display setup (particularly large and/or heavy art and ensuring their careful handling), set-up of the kids creativity area, entertainment equipment set-up and sound checks, securing all safety measures, and other preparation needs. With the continued participation and growth of the event and addition of food trucks, this additional hour for Convention and Visitors Bureau parking space control added in the Ordinance is necessary for proper set-up, traffic control, and public and participant safety. In order to accommodate the growth of this monthly cultural arts event and addition of offerings such as food trucks, City staff recommend a change to the Ordinance so that the Convention Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 and Visitors Bureau has an additional hour each of the seven First Thursday Fayetteville days, thus changing the beginning time of that control from 4:00 P.M. to 3:00 P.M. BUDGET/STAFF IMPACT: There is no budget impact. Attachments: Attached is a list of 32 businesses on and around the Downtown Square supporting this Ordinance amendment. 2014 First Thursday Ordinance Change The Fayetteville Visitors Bureau is working to change the city ordinance in order to close the Downtown Square at 3 p.m. in order to make First Thursday safe for all of our patrons. We understand and support the ordinance change to 3 p.m. Business Name Printed Name Signature Address I%Cj indent ;n;rr,�- SS' Ott `y�0j 1-C,a ` I$ Sa too,- swi �Ui (&u N Cel �nlle LA -Ilk < 0, 7 T k�t S (,,., 04 I 1 ; l l er S 4-y.A: o Ca 5r Z2- to QKl Q f 0 6° u Printed Name IN MIN Elm- tit" !5� INA , 0 wo '"A Now Mill . . . . . . . . . . . . . . . . . . . . u Business Name Printed Name Signature Address Ce 14e i�tl' i SNS �C.t`C S "k- ^)Z6. ss Cv c�Q �� M Ines1 CC/( ORDINANCE NO. AN ORDINANCE TO AMEND § 114.03 FIRST THURSDAY FAYETTEVILLE (A) AND (B) TO CHANGE THE STARTING TIME FOR FIRST THURSDAY FROM 4:00 P.M. TO 3:00 P.M. 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 (A) and (B) to change the starting time for First Thursday from 4:00 p.m. to 3:00 p.m. as shown on Exhibit A attached hereto. PASSED and APPROVED this 15th day of April, 2014. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 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 3:00 P.M. through 10:00 P.M. (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 3:00 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. G v ((e K'r IkL-� FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS be aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police Officer can order any owner or handler to immediately remove a dog from the Farmers' Market area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of problem. Failure to obey such lawful orders or any other violation of any provision of this subsection can be punished by a fine of up to $250.00. (1) Annual report to City Council. The Rural Mountain Producers Exchange shall present its annual written report and answer questions about the operation and revenues received and expended in the Rural Mountain Producers Exchange to the City Council during its first meeting in March of each year. This written report shall include year-to-year changes in gross revenues and expenditures and the portion of revenue that is used for administrative overhead, and not actual sales numbers. It shall also provide this same information relative to its operation on any other City property such as the Botanical Gardens at the Lake Fayetteville Park. This information will not be combined, but differentiated between the Square and other locations. The Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits. (J) Vendor fees. The Rural Mountain Producers Exchange shall not adjust the fees it charges to vendors except by a vote of its full membership. (Code 1965, §13-14; Ord. 2040, 8-20-74; Ord. No. 2646, 8-17- 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; Ord. 5309, 4-6-10;Ord. No. 5587, 6-4-13) Cross reference(s)--Penalty, §10.99. State law reference(s)--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 . from April through November during the ho rs of 4 P.M. through 10 P.M. (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 CD114:5 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 allocated areas on East Avenue, Cent r Street, Blo Avenue and Mountain Street betty en 4:00 P.M. d 10:00 P.M. on days of the eve t. The B g.re..i is further authorized to close East etween 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. (C) Articles permitted to be sold. Only objects of art or craft produced and sold by a local artist or craftsperson may be sold at the First Thursday Fayetteville event. The Fayetteville Convention and Visitors Bureau is empowered to assign precise locations for any vendors wishing to display or sell their personally created art or craft work. (D) Sanitation. At the close of a vendor's operation (no later than 10:00 P.M.), the vendor shall clean the immediate area around the vendor's operation and ensure that all trash and debris are removed and properly discarded. (Ord. 5307, 3-16-10; Ord. 5392, 3-15-10; Ord. 5487, 3-6-12) 114.04-114.98 Reserved 114.99 Penalty Any person found guilty of violating any of the provisions of §114.01 shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00. (Code 1965, §§7A-2, 11-5; Ord. No. 786, 9-2-35; Ord. No. 1706, 10-6-69; Code 1991, §114.99; Ord. No. 4045, 7-15-97) NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OF SPRINGDALE NEWSPAPE16LLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. City of Fayetteville - Ordinance 5682 Was inserted in the Regular Editions on: April 24, 2014 Publication Charges: $51.88 Kare Caler Subscribed and sworn. to before me This day of , 2014. 0'ex+ht" i✓ 1 Notary Public My Commission Expires: 242-1'U4 CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. ORDINANCE NO 5682, QTY.OF .1 110r\II.IA�If�C T!1 AI.ACA1f1 t 1iA 4- "OftI i ".c11 iea.nereto. 'g",APP this 161h day,of Apri I;F, 2014 OVER ATTEST By: Exhibits for this ordinance may be viewed in the office of the Oity CIerWTreasurer. I'