HomeMy WebLinkAboutORDINANCE 6258f AY ET
gRKANSpS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6258
File Number:2019-0539
AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF THE
SQUARE:
AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF
THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC
WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and
Mountain Street as well as maintaining the closure of East Avenue around the Square to almost double
the space for Farmer's Market vendors and to move pedestrians into the streets instead of on the
sidewalks; and
WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic would
open additional spaces for Farmer's Market vendors and move pedestrians from the sidewalk in front
of the Old Post Office and fountain into Center Street.
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 § 114.02(B)(1) by
repealing the first two sentences of § I 14.02(B)(1) and enacting two replacement sentences as follows:
"The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic
immediately before and during the operation of the Farmer's Market on Saturdays. The exterior
parking spaces for these four (4) streets around the Square shall be available for vendors and
exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange
management by closing these streets and parking spaces to non -vendor vehicular traffic.
Page 1 Printed on 11/20/19
File Number 2019-0539
Ordinance 6258
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §114.02(B)(3) by
repealing its first sentence and enacting a replacement first sentence as follows:
"(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set
aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space
for nonprofit charitable corporations and free speech entities including issue campaigns and candidates."
PASSED and APPROVED on 11/19/2019
``�pannn►►����
Attest: ``��yGLERK
`�.v�.• CIT), .F
F4Y :c
�•� ��C£
Lisa Branson, Deputy City C •q/VSA's
Page 2 Printed on 11120119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
9 (479) 575-8323
Text File
File Number: 2019-0539
Agenda Date: 11/19/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF THE SQUARE:
AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE
OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC
WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and Mountain
Street as well as maintaining the closure of East Avenue around the Square to almost double the space for
Farmer's Market vendors and to move pedestrians into the streets instead of on the sidewalks; and
WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic would open
additional spaces for Farmer's Market vendors and move pedestrians from the sidewalk in front of the Old
Post Office and fountain into Center Street.
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 § 114.02(B)(1) by
repealing the first two sentences of §I 14.02(B)(1) and enacting two replacement sentences as follows:
"The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic
immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces
for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection
(3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and
parking spaces to non -vendor vehicular traffic.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(3) by
repealing its first sentence and enacting a replacement first sentence as follows:
"(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside,
integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for
nonprofit charitable corporations and free speech entities including issue campaigns and candidates."
City of Fayetteville, Arkansas page 1 Printed on 11/20/2019
AGENDA SESSION WALK ON 9/10/19
Legistar ID No.: 2019-0539
AGENDA REQUEST FORM
FOR: Council Meeting of September 3, 2019
FROM: Council Member Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (B) EXPANDED
SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR
TRAFFIC
APPROVED FOR AGENDA:
(7001
Council Member atthew Petty Dat
City Attorney it Williams Date
Approved as to form
4r�
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant Citi, Attornel,
Jodi Batker
CC: Don Marr, Chief of Staff Parategal
Peter Nierengarten, Sustainability Director
FROM: Kit Williams, City AttorneyC
DATE: August 15, 2019
RE: Closing Center Street for Saturday Farmer's Market
City Council Member Matthew Petty is sponsoring an ordinance to revise
§ 114.02 Farmer's Market to expand the closure of streets around the Square to
include Center Street. This would result in all four streets around the Square being
closed to vehicular traffic on Saturdays before and until the end of the Farmer's
Market for that day.
Closing Center Street will result in reorienting current Farmer's Market
stalls away from the interior sidewalk, Old Post Office and fountain to now face
Center Street where the vast majority of shoppers/pedestrians will now be expected
to walk. It will allow the Farmer's Market to place sales stalls along the north side
of Center Street and should provide increased spaces for nonprofit charitable
corporations and free speech entities.
Such a change only requires minor amendments (changing "Three" to
"Four" streets around the Square). All streets will be treated equally with mid -
block access off the street and the addition of new spaces for charities and free
speech entities. Attached is the proposed ordinance and Dane Eifling "Open Center
Street Proposal."
ORDINANCE NO.
AN ORDINANCE TO AMEND § 114.02 FARMER'S MARKET (B) EXPANDED SATURDAY
USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC
WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and
Mountain Street as well as maintaining the closure of East Avenue around the Square to almost
double the space for Farmer's Market vendors and to put pedestrians in the streets instead of on
the sidewalks; and
WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic
would open additional spaces for Farmer's Market vendors and pedestrians from the sidewalk in
front of the Old Post Office and fountain into Center Street.
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
§ 114.02(B)(1) by repealing the first two sentences of § 114.02(B)(1) and enacting two replacement
sentences as follows:
"The four streets around the Square: East, Mountain, Block and Center shall be closed to traffic
immediately before and during the operation of the Farmer's Market on Saturdays. The exterior
parking spaces for these four (4) streets around the Square shall be available for vendors and
exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers'
Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 114.02(B)(3) by repealing its first sentence and enacting a replacement first sentence as follows:
"(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be
set aside, integrated and managed by the Rural Mountain Producer Exchange management as
exhibition space for nonprofit charitable corporations and free speech entities including issue
campaigns and candidates."
PASSED and APPROVED this 17'' day of September, 2019.
APPROVED: ATTEST:
LIONELD JORDAN, Mayor
SONDRA SMITH, City Clerk/Treasurer
- FAYETTEVILLE CODE OF ORDINANCES 114.02
TITLE X! BUSINESS REGULATIONS
CHAPTER 114: FOOD SALES
Sections:
114.01 Drive -In Restaurants
114.02 Farmer's Market
114.03 First Thursday Fayetteville
114.04-114.98 Reserved
114.99 Penalty
114.01 Drive -In Restaurants
(A) A drive-in restaurant, within the meaning of this chapter, shall be deemed to be any restaurant
where meals, sandwiches, ice cream, or other food, is served directly to or is permitted to be
consumed by patrons in automobiles, motorcycles, or other vehicles parked on the premises.
(B) Prohibited Acts.
(1) It shall be unlawful for any person, while on or adjacent to the premises of a drive-in
restaurant, to race the motor of any car, to suddenly start or stop any car, or to make or
cause to be made, any other loud or unseemly noise.
(2) It shall also be unlawful for any other person parked on the premises of such restaurant,
to blow or cause to be blown any automobile horn or motorcycle horn at any time while so
parked.
(3) It shall be unlawful for any patron or other person on the premises of a drive-in restaurant,
whether in or out of an automobile, to drink any intoxicating beverage of any nature.
(4) It shall be unlawful for a group of three (3) or more persons to congregate and linger at
any location on the premises of a drive-in restaurant. Persons so congregating and
lingering shall be deemed guilty of loitering. No person shall drive a motor vehicle on to
the premises of a drive-in restaurant and then from said premises without parking such
motor vehicle, unless there is no unoccupied parking space available on said premises.
(5) It shall be unlawful for any person to leave any unoccupied motor vehicle on any drive-in
restaurant parking lot and to leave the premises thereof, except with the knowledge and
consent of the operator of the restaurant.
(Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706, 10-6-69; Code 1991, §114.01)
114.02 Farmer's Market
(A) Operation of the Farmers' Market on the Square. The nonprofit Rural Mountain Producers
Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville Square
in conformance with the following conditions. This marketplace shall be located on the interior
parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square,
Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no
- vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow
of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks
CD114:1
114.02 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
around the Square shall remain freely available to the public with the inside two-thirds width of
the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy
no more than one-third (�/3)of the width of the sidewalk directly in front of their assigned parking
space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's
sidewalks and any unoccupied space around the outside third of the sidewalk can be used
during the authorized hours and days of the Farmers' Market for governmental communica-
tions, free speech and acoustic music purposes. No sound amplification may be used unless
approved by the city through its special event permit process.
(B) Expanded Saturday Use of the Square.
(1) Three (3) streets around the Square: East, Mountain and Block shall be closed to
vehicular traffic. The exterior parking spaces for these three (3) streets around the
Square shall be available for vendors and exhibitors pursuant to subsection (3) below as
assigned by the Rural Mountain Producers' Exchange management by closing these
streets and parking spaces to non -vendor vehicular traffic. Vendors using large commer-
cial delivery vehicles, such as box trucks, shall either be located on the interior parking
spaces around the Old Post Office Building or outside the designated market area to
maintain storefront visibility. No vendor parking is allowed on the west side of Block
Avenue, except for food trucks which shall be limited to the southernmost and northern-
most parking spaces.
(2) Pedestrian Aisles. To facilitate the flow of pedestrians between storefront and the streets,
midblock pedestrian aisles of at least 5 feet in width shall be maintained on both aides of
each closed street if both sides of the street are occupied by vendors or exhibitors (as
further shown on Exhibit A which shall remain attached to this ordinance for future
reference, but not codified). On the west side of East Avenue, the Old Post Office access
easement shall be such an aisle. On the south side of Mountain Street, the opening into
the Town Center Plaza shall be used for the aisle.
(3) Exhibition Spaces. A minimum of 28 feet on either side of all three (3) closed streets shall
be set aside, integrated and managed by the Rural Mountain Producers Exchange
management as exhibition space for nonprofit charitable corporations and free speech
entities including issue campaigns and candidates, The Exchange management shall
make available an online form for the reservation of exhibition space on a first-come,
first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition
space shall be managed by the Rural Mountain Producers Exchange management and
may be used by store owners for sidewalk sales, as temporary seating or by market
vendors.
(4) Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmers'
Market shall not be located directly in front of any restaurant storefront without the written
permission of the restaurant owner. Prepared food vendors must supply their own
garbage container, ensure the area around their vending location remains constantly
CD114:2
OPEN CENTER STREET PROPOSAL
Prepared by: Dane Eifling, Bicycle & Pedestrian Programs Coordinator
For: Garner Stoll, Development Services Director
BACKGROUND
The Fayetteville Farmers' Market is a
signature community event that attracts
thousands of people to the Fayetteville
Square each Saturday through most of
the year. As the market continues to
draw large crowds it is vital for the City of
Fayetteville to provide a safe and
enjoyable pedestrian experience for
market goers. Presently, car traffic and
parking are being allowed on Center
Street on the square during Saturday
markets. The constrained pedestrian
space on this block forces congestion on the interior of the square. The high pedestrian and car traffic
volumes during markets create conflicts making this block difficult for drivers as well.
The City of Fayetteville is a leader in providing quality pedestrian infrastructure and has been
recognized as a Walk Friendly Community. Fayetteville's 2o18 Mobility Plan includes top objectives of
providing pedestrian safety and prioritizing a walk -friendly environment at popular destinations. In
keeping with these recommendations, the City should consider an ordinance change to make Center
Street from East Avenue to Block Avenue pedestrian -only during Saturday Farmers' Markets.
BENEFITS OF PEDESTRAIN SPACE
The Farmers' Market demonstrates the value that can be created when prioritizing pedestrians over
automobiles. The Farmers' Market generates a major benefit to Fayetteville's local economy because
the market provides the best possible pedestrians experience.
Creating a pedestrian -only space on this section of Center Street will open nearly 7,000 square feet of
new space and connect an additional 10,700 square feet including the Arvest Plaza and sidewalks on the
north side of Center Street. The open space created could be used to accommodate Farmers' Market
customers and provide much needed booth space as well as added space for complementary events.
14 Y••AC
W cc., 1.•r Gt ' r
' 41
�.
_MW
space on this block forces congestion on the interior of the square. The high pedestrian and car traffic
volumes during markets create conflicts making this block difficult for drivers as well.
The City of Fayetteville is a leader in providing quality pedestrian infrastructure and has been
recognized as a Walk Friendly Community. Fayetteville's 2o18 Mobility Plan includes top objectives of
providing pedestrian safety and prioritizing a walk -friendly environment at popular destinations. In
keeping with these recommendations, the City should consider an ordinance change to make Center
Street from East Avenue to Block Avenue pedestrian -only during Saturday Farmers' Markets.
BENEFITS OF PEDESTRAIN SPACE
The Farmers' Market demonstrates the value that can be created when prioritizing pedestrians over
automobiles. The Farmers' Market generates a major benefit to Fayetteville's local economy because
the market provides the best possible pedestrians experience.
Creating a pedestrian -only space on this section of Center Street will open nearly 7,000 square feet of
new space and connect an additional 10,700 square feet including the Arvest Plaza and sidewalks on the
north side of Center Street. The open space created could be used to accommodate Farmers' Market
customers and provide much needed booth space as well as added space for complementary events.
C tit.- - gi, r44
z
s
n
C tit.- - gi, r44
z
ADDRESSING TRAFFIC FOW
Westbound traffic on Center Street will make a forced right onto East Avenue. Communication
concerning the change will be important. Market patrons driving from 71B should be encouraged to use
Meadow Street. Press releases advising market goers to use alternate streets, clear signage and traffic
control devices indicating the forced right turn at East Avenue will be needed to avoid any confusion for
motorists. A staff person may be needed to direct traffic at the intersection of Center and East for the
first few markets after implementation.
z University of Arkansas
Global Campus
ro
W Center St E Center St
MARKET AND PROAMMING OPPORTUNITIES
The Farmers' Makret board has indicated support for the change and that they currently have awaiting
list of vendors that could immediately fill the stall space on Center Street.
New Vendor Space
Sic�-
Activity Hubs, seating and are another programming options to use the space to offer healthy activities
and conduct outreach. This could include yoga classes games and activities for children or any number
of activities to enrich the market and grow capacity.
4
RECEIVED
DEC 0 9 2019
NORTHWEST ARKANSAS :ITY OF FAYiTTf,WUjLE
TN
Vlemolcr,at Vul
T
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6258
Was inserted in the Regular Edition on:
November 27, 2019
Publication Charges: $ 132.60
i
Cathy St gs
Subscribed and sworn to before me
This3,a day of be, , 2019.
9toaryjX11�ublic
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
G�RpB��ri�f.
.•' p'(ARYp�•.sOy
? ARKANSAS
Ordinance: 6258
File Number:2019-0539
AMEND §114.02 FARMER'S MARKET (B)
EXPANDED SATURDAY USE OF THE
SQUARE:
AN ORDINANCE TO AMEND § 114.02
FARMER'S MARKET (B) EXPANDED
SATURDAY USE OF THE SQUARE TO
CLOSE CENTER STREET TO VEHICULAR
TRAFFIC
WHEREAS, in 2013 the City Council authorized
the closing of one block of Block Avenue and
Mountain Street as well as maintaining the
closure of East Avenue around the Square to
almost double the space for Farmer's Market
vendors and to move pedestrians into the streets
instead of on the sidewalks; and
WHEREAS, closing one block of Center Street
north of the Old Post Office to vehicular traffic
would open additional spaces for Farmers
Market vendors and move pedestrians from the
sidewalk in front of the Old Post Office and
fountain into Center Street.
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
§I 14.02(B)(1) by repealing the first two
sentences of § 114.02(Bx 1) and enacting two
replacement sentences as follows:
"The four streets around the Square: East,
Mountain, Block and Center shall be closed to
vehicular traffic immediately before and during
the operation of the Farmer's Market on
Saturdays. The exterior parking spaces for these
four (4) streets around the Square shall be
available for vendors and exhibitors pursuant to
subsection (3) below as assigned by the Rural
Mountain Producers' Exchange management by
closing these streets and parking spaces to non -
vendor vehicular traffic.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends
§I 14.02(B)(3) by repealing its first sentence and
enacting a replacement first sentence as follows:
"(3) Exhibition Spaces. A minimum of 28 feet
on either side of all four (4) closed streets shall
be set aside, integrated and managed by the
Rural Mountain Producer Exchange
management as exhibition space for nonprofit
charitable corporations and free speech entities
including issue campaigns and candidates."
PASSED and APPROVED on 11/19/2019
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75162832 Nov. 27.2019