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HomeMy WebLinkAboutOrdinance 6476OF C 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6476 File Number: 2021-0661 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 1 1 1.07 OUTDOOR REFRESHMENT AREA BY ADOPTING A REVISED DOWNTOWN OUTDOOR REFRESHMENT AREA BOUNDARY MAP AND REMOVING THE EXPIRATION PROVISION WHEREAS. on June 4, 2020. the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces: and WHEREAS, on January 19, 2021, the City Council approved Ordinance 6408, which enacted an expiration date of April 30, 2024, to encourage larger investments into the program and give businesses and property owners assurance that the program will be active in Fayetteville as long as it continues to perform at a high level; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff and the City Council Transportation Committee recommend amending the ordinance to remove the sunset provision and to adjust the boundary of the Downtown ORA to include portions of the Cultural Arts Corridor and the South Yard Development. 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 subsection (B) (1) of § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by adopting a revised Downtown Outdoor Refreshment Area Boundary Map as shown in the attached Exhibit 1. Page 1 Panted on 918121 Ordinance: 6476 File Number: 2021-0661 Section 2: That the City Council of the City of Fayetteville. Arkansas hereby amends § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by repealing subsection (1), which removes the expiration provision. PASSED and APPROVED on 9/7/2021 Attest: jpf CI Tr •F9' rri Kara Paxton, City Clerk Treasure; FgY��cV�l ;-0 Ns AS ,�•y' `� Page 2 Printed on 918121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0661 Agenda Date: 9/7/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.7 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA BY ADOPTING A REVISED DOWNTOWN OUTDOOR REFRESHMENT AREA BOUNDARY MAP AND REMOVING THE EXPIRATION PROVISION WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, on January 19, 2021, the City Council approved Ordinance 6408, which enacted an expiration date of April 30, 2024, to encourage larger investments into the program and give businesses and property owners assurance that the program will be active in Fayetteville as long as it continues to perform at a high level; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff and the City Council Transportation Committee recommend amending the ordinance to remove the sunset provision and to adjust the boundary of the Downtown ORA to include portions of the Cultural Arts Corridor and the South Yard Development. 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 subsection (B)(1) of § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by adopting a revised Downtown Outdoor Refreshment Area Boundary Map as shown in the attached Exhibit 1. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by repealing subsection (I), which removes the expiration provision. City of Fayetteville, Arkansas Page 1 Printed on 91812021 UNIVERSIT z 0 D 0 ]= 3 C CA A RKAN;SAS . ,p -. 1 1 1 W DICKSON ST 1- w Q z U O Z EvergWPa } Cemetery,. 1 � 1 tF-i rr ' . 1 1 W;, a ST :..� a � J ■ J � � VJ j W STONE ST z � Waimart D 540 �-rrr-rr1 1 1 � 1 1 ��a 1 �4[ 1 O - a O M ®Open Consumption ARDOT ROW District �� Adopted Cultural ' Trail Crossing Only Arts District Route Adopted ORA Area Gi F I� `•••--r ■-0-----------r----■------4 Univ. Washingkoq t ��J Baptist VEm6ntary Ch. �w �a i W LAFAYE-XE6-t F I-1 Exhibit 1 Fayetteville Downtown Outdoor Refreshment Area (ORA) With Zoning - Fayetteville, AR LA 10 i ©1 i _ P�j 5 T- DP W 0W ST�� ,E[GIJNITEili F L'`rwrT Y ST CITY OF FAYETTEVILLE ARKANS ARKANAS nw d.e wesnad nert., w.. �amdied ham vane.. .wa. M me .ae gee w Benefit of tlro uy d Faydlev.e peoprapvc Fdorrrvdm sy4em .nd tlx pW4 adanciee A xrvee. 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V�yy o SC •t.�rrt r 7l Evergreen Cemetery � r r + ' 1 � R P-1 � F.P.S. 1 # r> I Q 4 •I ,V Scoria St }ICU I N > � L u } 71e E 4th St �L Walmart to ' o W 5th St E 5th = = > , > m a 18D— J it ■is * - U 1 1 C 0 in 1� _ 1 1 �- - 1 •--------.r.r.�r ----------. E7t►i �t •moo, � ,� Varsity 0 0 0.13 0.25 0.5 Mile r se qr Adopted ORA Area ARDOT ROW Exhibit 1 CITY OF Adopted Cultural Arts "�' District Building Fayetteville Outdoor �JA FAYETTEVILLE ARKANSAS Refreshment Area ' dd"�fIVW WGW� S~.b Ew piY �•. Not Program Area O RA) egme m n+mr.y, Pre Gry a rey-era ac nm na ub a rapn.r�e iw�roms per Approved Routes into the Pilot (i l W V - w, -1 a � b, ® .�i- ft Program Area - for Expanded ° Business Participation With Zoning - Fayetteville, AR :m reb� n off. Caro a10 a am n vm m Map Created: 1 JJ2-VX)26 City of Fayetteville Staff Review Form 2021-0661 Legistar File ID 9/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 8/19/2021 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: STAFF IS RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING THE BOUNDARY OF THE DOWNTOWN OUTDOOR REFRESHMENT AREA AND REMOVES THE SUNSET CLAUSE FROM THE OUTDOOR REFRESHMENT AREA PROGRAM. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget V20210527 Previous Ordinance or Resolution # Ord. No. 6408 Approval Date: 1/19/2021 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: August 18, 2021 CITY COUNCIL MEMO SUBJECT: Adjustments to the Downtown Outdoor Refreshment Area boundary and removal of the sunset clause attached to ordinance 6408 RECOMMENDATION: Staff is recommending approval of an ordinance adjusting the boundary of the Downtown Outdoor Refreshment Area (ORA) and removes the sunset provision attached to ordinance 6408. BACKGROUND: • May 12, 2020: Transportation Committee reviews proposed ordinance 6322 and forwards the item to the Fayetteville City Council with amendments. • June 4, 2020: Fayetteville City Council passes ordinance 6322, creating the City's first `entertainment district'. • July 22, 2020: Open consumption district pilot program opens in downtown Fayetteville. • October 10, 2020: Bid # 20-68, which designates an official ORA cup provider, awarded to Food Loops. • January 19, 2021: Fayetteville City Council passes ordinance 6408, converting the Downtown Outdoor Refreshment Area into a `more permanent district'. o A sunset date of April 30, 2024 was added to all components of the Outdoor Refreshment Area. • August 10, 2021: Transportation Committee unanimously endorses staff's proposed alterations to ordinance 6408. ORA Performance Metrics Business Participation Rate 96% Citations issued for violation of ORA rules 0 To -go drinks sold 500,000+ Current number of participating businesses 62 Littered ORA cups found or reported to City Staff <50 Size of district 1 177 Acres Table 1: August 18, 2021 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Staff is proposing an adjustment to the boundary of the Downtown ORA in anticipation of the first phase of the Ramble being completed in early 2022. The adjustment proposes the new western edge of the district be S. Gregg Ave and N. School Ave be the new eastern edge. To the south the proposed boundary is the trail that wraps the upcoming `South Yard' Development. This revision also brings the trail into the ORA program, providing a safe path for patrons to navigate the entirety of the ORA from north to south. While ORA beverages cannot enter ARDOT right-of-way, the addition of the trail provides a safe path for patrons to go under M.L.K. Jr. Blvd. This new wing of ORA would not be opened until construction of phase one of the Cultural Arts Corridor was complete. Additionally, the extension to the South Yard development would not be added until phase one of that project was complete. If the extension is approved by City Council, signage and additional recycling receptacles would be installed before the new area opened. Staff is also recommending that the Fayetteville City Council remove the sunset provision from the Outdoor Refreshment Area program. The request to remove this provision comes with letters of support from the Dickson Street Merchants, Fayetteville Chamber of Commerce, Experience Fayetteville, and Startup Junkie Consulting. Removal of the sunset clause can encourage larger investments into the program and give businesses and property owners the surety that this program will be active in Fayetteville so long as it continues to perform at a high level. The day-to-day management of ORA and its success rests solely with the businesses who participate in the program. Participating businesses continue to go above and beyond to ensure the district operates in a safe and clean manner. Lastly, staff's recent review of other municipalities such as Springdale, Rogers, Fort Smith, Little Rock, North Little Rock, Hot Springs, and Texarkana show these communities do not have a sunset provision in their respective ordinances. The most comparable measure is in Texarkana, whose ordinance states that staff will update the City Council on an annual basis and review the program for possible alterations. BUDGET/STAFF IMPACT: Management of the Outdoor Refreshment Area requires minimal staff time. The program is primarily managed by each of the participating businesses who serve as ambassadors for the rules. The Department of Economic Vitality's 2022 budget plans for the minimal costs associated with ensuring this new area is signed properly and that recycling receptacles are in place to capture ORA cups and prevent litter. Attachments: 2021 Proposed Outdoor Refreshment Area Boundary 2020 Current Outdoor Refreshment Area Boundary Dickson Street Merchants Letter of Support Startup Junkie Consulting Letter of Support Fayetteville Chamber of Commerce Letter of Support Experience Fayetteville Letter of Support Specialized Real Estate Letter of Support UNIVERSITY. i > O F v EA R K A N S All I 2 of sy ;s O m W DICKSON ST w a..jim z a z Z 0 z L-0 1 1 1 1 1 1 1 1 W PUTMAN ST 1 W 1 Q 1 J � J , P. S rn � W STONE ST � w ♦i a i z � Walmart s 0.� I 1 1 1 1 0- 1 1 Ir Q O co 1 1 1 Evergreen Cemetery �- _.�--------------- =9=r ---------- Univ. Washington it..� Baptist Elementary Ch. w Q 1 �7 W L+ FAYETTE-ST w ❑Open Consumption ARDOT ROW District Adopted Cultural - ' Trail Crossing Only ti Arts District Route 43 Adopted ORA Area Gi ST E SPRING ST RtST tit E CENTER ST I/ DG w �YMSC DC LLI j UO E ROCK ST � � I Is h i PRCN�6PL ' W SOUTH ST 1 1 1 1 1 E 4TH ST 1 1 a � Q OW W 5TH ST Q Lu w 3' = f7 U W a H w U) J J 01 1 rn 1 co ' 1 I-1 -------------------- w ■ f Q t' Poll, U Varsity 3 50.25 0.5 Mile House I I w Exhibit 1 � CITY OF �_ FAYETTEVILLE Fayetteville Downtown Outdoor ' ARKANSAS Refreshment Area The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville Is atthe sole risk of the user; antl acceptance of this data, the user does hereby agree intlemnify the City of Fayetteville antl hold the t of Fayetlef le harmless (O RA) n from and without liability for any claims, actions, cost for damages o! any nature, for ..ofnth the city's cost it defense, asserted by user or by another arising from the e of this date The City of Fayetteville makes no express or implied warrantees With Zoning - Fayetteville, AR t with reference to the data. No wortl, phrase, or clause found herein shall be —th-d to waive that tert immunity set forth and,r Arkanaaa law Date: v v 0 z I > WIlaSt Q a 71a WMaple StW Maple St♦ ------------- ----------- ----=------- ♦ v • Univ. ¢ Washington 1 W Reagan St ♦♦ Baptist o Elementary UNIVERSITY. ♦� U O F z ARKANSA z s 1 3o William StcD W Whi a of y c L i5 6 u E c QC Gent �> ¢ (Z C 0 11;11a i W Putman St' - F.P.S. 0 W Stone St v v < ¢ ¢ C ru Cu C u 4- � Uo i 1 �� Walm m �� U') r� Mr Adopted ORAArea ARDOT ROW , _ Adopted Cultural Arts Building g Pilot Program Area Approved Routes into the Pilot Program Area - for Expanded Business Participation Varsity 0 House E Maple St Doutt Q 1 i 1 71 B N ® a `� w E 4th St 1 ,1 Q' U W 5th St E 5th St > 1 o N > ¢ ¢ v 1 1 !n U Cn N 1 1 0 m 0 U �1 1 (n U 1 -----------------------------= v E7thSt J u 0.13 0.25 rr 0.5 Mile Exhibit 1 Fayetteville Outdoor Refreshment Area (ORA) With Zoning - Fayetteville, AR CITY OF FAYETTEVILLE ARKANS ARKANSAS The data contained herein was compiled fmm venous sources for the sole use and benefit of the City of Fayetleville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville s at the sole risk of the user; antl by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville antl hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, clutling the cit" cost of defense, assened by user or by another arising from the e of this data. The City of Fayetleville makes no express or implied warrantees with reference to the data No word, phrase, o clause found herein shall be construed to waive that tort immunity set forth under Arkansas law_ Map Created: 11/23/2020 July 29, 2021 Mayor Jordan and City Council Members City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan and City Council Members, Over the past thirteen months the Outdoor Refreshment Area has operated on Dickson Street and throughout Downtown without issue. While its initial utilization was to help our businesses weather the economic consequences of the pandemic, it has sense helped energize Downtown Fayetteville in an entirely new way. City staff has maintained a strong line of communication with our organization about the Outdoor Refreshment Area (ORA) and with the upcoming adjustments to ORA, we respectfully ask that you remove the sunset provision from the program that was added in January of this year. We feel this provision is unnecessary given an ordinance can be changed by a City Council at any time. The performance of the program over the past year has exceeded our expectations, and its successful operation during game weekends, and most recently during Pride, gives us a great deal of confidence that the program will continue to operate safely moving forward. Furthermore, we feel the performance of the program is more than enough justification to remove this provision. Removing the sunset clause would give businesses the confidence to make larger investments into the program such as parklets, sidewalk cafes, and seating on their respective property. It would also send a message to businesses that this program will be here for them well into the future. Sinc/erely, A & Todd L. Martin CEO South by Northwest Hospitality Theo's — East Side Grill — Southern Food Company On Behalf of the D* Merchants (formerly Dickson Street Merchants) "'- startup , a junkie July 26, 2021 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Purpose: Letter of Support for removing the Sunset Clause from the Outdoor Refreshment Area initiative. Startup Junkie is a key economic development catalyst in the City of Fayetteville, and has proven to be an important leader in the advancement of the innovation and entrepreneurial ecosystem in the City. Through our work with local entrepreneurs, innovators, and business leaders, it has become clear that we must continue to maximize the utilization of the Outdoor Refreshment Area initiative, as it is a vital economic catalyst for the City. Beyond the increased vibrance and quality of life improvement that the Outdoor Refreshment Area brings to the City, it provides existential support to the local businesses that we all love. By not making the ORA permanent, we will hurt our local economy, local entrepreneurs, and local small businesses owners that we all cherish. Since the initiative start, we've seen the following: -Zero citations -500K+ drinks sold -96% participation rate -No litter By removing the sunset clause, and making the ORA permanent, we will give local small businesses significant confidence in their planned and existing ORA investments, and enable this program to continue to positively impact our City. Let this letter of support make it clear that we support removing the sunset clause from the Outdoor Refreshment Area initiative, as it is critical to the economic future of Fayetteville. Regards, �r�junkie Team CHAMBER August 13, 2021 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan and Council Aldermen, I write to express my full support for the removal of the sunset clause associated with the ordinance to for the establishment of the Outdoor Refreshment Area (ORA). Since establishing this entertainment district, we have created a more energetic feel to our city, and driven interests and therefore business to our merchants in the area. As a Chamber we are using this as a recruitment tool for business to come to the area. These type districts are very popular to young professionals and are essential in keeping Fayetteville a city that provides a place to live, work, and play. Entertainment districts are being planned or are operating throughout Arkansas and the United States. These districts also increase a cities' work -life balance. The Chamber believes that now is the time to make these entertainment districts permanent. If there are any questions about the impact this will have on the area, please feel free to reach out. Thank you for your consideration, Steve Clark President and Chief Exectutive Officer Fayetteville Chamber of Commerce 21 W. Mountain St., Ste. 300 72701 SPECIALIZED Monday, August 16, 2021 To Whom It May Concern, Please accept this letter in support of the inclusion of the Mill District and South Yard Development into the Outdoor Refreshment Area. Our South Yard project will house not only food and beverage establishments directly on the trail, but will also include a future hotel and is a natural endcap to the Cultural Arts Corridor. We believe that the inclusion of the trail into the Outdoor Refreshment Area will enable residents to have a safe route to access the entire cultural arts corridor. At Specialized, we are dedicated to continue working with City staff to ensure the Fayetteville Police Departments requested items on the boundary are met. We see the ORA as a great addition to our community culture and a great placemaking tool. We are heavily involved in ULI Northwest Arkansas and know that the organization champions policies like these that foster community growth and support local businesses. Thank you for your consideration. Sincerely, Jeremy Hudson, CEO 15 N. Church Avenue, Suite 103, Fayetteville, AR 72701 WWW.SPECIALIZEDREG.COM REAL ESTATE GROUP W �V�rVILF Experience Fayetteville • 21 S. Block Ave. Fayetteville, Arkansas 72701 • 479-521-5776 August 23, 2021 Fayetteville City Councilmembers, I am writing today in support of the proposed modifications to the city's Outdoor Refreshment Area. The ORA has not only been a successful new tourism asset, but more importantly has already proven itself to be a great boost to our local economy during a trying time. I applaud the city council for its vision in establishing the district. By undertaking this initiative, there has been more than one million dollars in direct sales impact on ORA businesses. Similarly, the council was wise and prudent to establish the district using caution, allowing regulations and boundaries to adapt over time as we learn what best serves our businesses and residents. Now that we have seen the success of the ORA, I hope the council will vote to expand the boundaries of the district as well as to remove the sunset clause. The city council has the right to review and amend ordinances as it sees fit; the ordinance governing the ORA is no different. But having an explicit sunset attached to this piece of legislation sends a signal to current business owners and to potential business owners looking to invest in our downtown that the city is not supportive of the ORA. By expanding the district's western border, we allow ORA patrons to safely navigate our city's trail system and enjoy the entirety of the Faye Jones Woods, the soon -to -be completed southern anchor of the Ramble. The ORA has proven itself to be a great asset in attracting commerce and helping create opportunities to showcase our beautiful city and all that makes it unique. I hope the city council will be supportive of these modifications. Molly Rawn, CEO Experience Fayetteville Fayetteville Advertising & Promotion Commission Received 8/27/21 11:37 AM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Jan Townsley Address or Ward* Address Ward Locate Your Ward Number Address* 301 S. West Ave. Ex. 113 W Mountain St Phone Number 870-213-8568 Email jan.townsley@gmail.com Meeting Body* City Council Agenda Item C.6 2021-0661 amend 111.07 Outdoor refeshment area Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments I have no problem at all with the outdoor refreshment area as it currently is. I seriously question the wisdom of expanding it into a woodland area. Unlike the rest of the refreshment area, this area will be difficult to monitor visually. Allowing alcohol, after dark, in a woodland setting, that is not readily visible by law enforcement, seems to me to be unwise. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 08/27/21 12:12 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Ed Levi Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 2 Phone Number 8706150890 Email edlevibees@gmail.com Meeting Body* City Council Agenda Item C.6 2021-0661 AMEND § 111.07 OUTDOOR REFRESHMENT Number/Subject AREA Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments While I'm not totally opposed to the entire ORA program, I am strongly against the expansion of the ORA to include the Fay Jones Woodland, Tanglewood Creek and the Tanglewood section of the Razorback Greenway. I understand that this amendment is proposed by the Business Vitality Division and supported by the Chamber of Commerce and other business oriented entities. On only those grounds, the amendment makes some sense. But there are other considerations to look at when supporting such an amendment: First of all, during the open sessions of the planning stage of the Cultural Arts Corridor, there were numerous concerns stating that walking on the Greenway was scary as people didn't know who or what was threatening in the Woodland. This resulted in making the Woodland more open and accessible to the public. Allowing drinking in the Woodland and along the creek will again incur concern and fear in an area that is not easily patrolled. Secondly, legalizing alcoholic beverages on the Greenway will make it even more difficult to curtail the drinking that is already happening there. As things stand now, there are plenty of alcoholic containers littering the Greenway that my wife and I pick up every week. People drinking, even out of ORA containers, will encourage more consumption of other non-ORA drinking. Clearly, even right now that is difficult to patrol. Thirdly, drinking and music is happening on the edges of residential zones as late as 11 pm. But even after "closing hours" revelers can be heard. Expanding the ORA further into residential zones will extend the noise hours for those zones. Lastly, the petitioner requests that the sunset clause be removed to encourage more investment by the businesses that profit. I question that premise. I'd also wish to note that it is easier to sunset a problematic ordinance than to request the removal of one. Thank you for your consideration, Ed Levi Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Democrat Gazette P._ 3CX 1607, --A''E7EVILLE, iiR, 72702. 4719-4 2-1700 ' F4YA79.59S-1118 • �,V'N r.NS.ADC,.C,3M AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6476 Was inserted in the Regular Edition on: September 19, 2021 Publication Charges: $144.40 06T% s, . Brittany —Smith Subscribed and sworn to before me ThisZ1 day of al , 2021. Cathy Wiles Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 6cnc Commission No, 12397118 Notary Public J My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6476 File Number: 2021-0661 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA BY ADOPTING A REVISED DOWNTOWN OUTDOOR REFRESHMENT AREA BOUNDARY MAP AND REMOVING THE EXPIRATION PROVISION WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, on January 19, 2021, the City Council approved Ordinance 6408, which enacted an expiration date of April 30, 2024, to encourage larger investments into the program and give businesses and property owners assurance that the program will be active in Fayetteville as long as it continues to perform at a high level; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff and the City Council Transportation Committee recommend amending the ordinance to remove the sunset provision and to adjust the boundary of the Downtown ORA to include portions of the Cultural Arts Corridor and the South Yard Development. 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 subsection (B) (1) of § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by adopting a revised Downtown Outdoor Refreshment Area Boundary Map as shown in the attached Exhibit 1. Ordinance: 6476 File Number: 2021-0661 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by repealing subsection 0). which removes the expiration provision. PASSED and APPROVED on 9n12021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: S 144.40 75465602 Sept19,2021