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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