HomeMy WebLinkAboutA002 - Council Action Form dated April 10, 2018 ITEM # 49
DATE 4-10-18
COUNCIL ACTION FORM
SUBJECT: TEMPORARY ORDINANCE FOR RAGBRAI 2018
BACKGROUND:
On March 27th, the City Council received a report from City staff and the Ames
Convention and Visitors Bureau (ACVB) regarding RAGBRAI. Ames will be an overnight
stop for RAGBRAI from Tuesday, July 24th through Wednesday, July 25th. At the March
27t meeting, the City Council directed staff to prepare an ordinance making temporary
modifications to Municipal Code to facilitate the event. Staff has prepared this ordinance
and now presents it for consideration. The key points addressed in this temporary
ordinance are as follows:
Suspension of Section 19.11 (Park Hours) to Provide Camping — The Municipal
Code prohibits the use of City Parks between the hours of 10:30 p.m. and 6:00 a.m. The
ordinance would temporarily suspend this section to allow camping in Brookside and
Stuart Smith parks from Monday, July 23rd through Wednesday, July 25th'. Although the
registered riders will not enter the community until July 24th (Tuesday), registered
support teams often send advance teams who camp the day prior to the arrival of riders
to prepare their designated spots.
Suspension of Section 19.9 (Unlawful to Operate a Motor Vehicle in City Parks) —
To facilitate the movement of people and equipment through the parks, it is requested
that this blanket prohibition on operating motor vehicles in the parks be amended to
temporarily allow the Parks and Recreation Director to designate certain people to be
able to drive vehicles such as utility carts and golf carts in the parks.
Suspension of Division III, Chapter 22 (Vending) — It is anticipated that a variety of
vendors will be recruited by the local RAGBRAI organizing committee to serve the
campgrounds and entertainment areas. The existing provisions of Municipal Code
provide for vending to occur on City streets, but do not lend themselves well to a short
term event that is as spread out across the community the way RAGBRAI is.
Additionally, the local RAGBRAI organizing committee anticipates incurring significant
costs to provide services for the riders (utilities, advertising, toilets, entertainment, etc.)
These costs must be recouped by the local organizing committee.
To facilitate this, RAGBRAI organizers recommend that overnight communities establish
a special structure and fees for vendors. City staff has reviewed how RAGBRAI's model
temporary ordinance would apply to specifically to Ames. Staff has identified below how
those concepts could apply in Ames:
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a. For those who wish to vend during RAGBRAI, suspend the City's typical
vending regulations and allow the local RAGBRAI organizing committee to
issue permits, adopt fees, establish policies, and regulate locations and hours
of sales. It is anticipated that fees to obtain a RAGBRAI Vending Permit
would be several hundred dollars (compared to the City's Vending License
fee`of$50). The fee for non-profit vendors (churches, civic organizations, etc.)
would be less than the fee for for-profit vendors.
It should be noted that this would also supersede Parks and Recreation
policies related to Vending in the parks. 'Vending that occurs in parks is not
subject to the City's regulations related to vending on City's streets. Vendors
in parks are subject to policies the Parks and Recreation Commission has
adopted. Of note, vendors in parks are normally required to pay the City 10%
of their revenues in exchange for the right to vend. This provision and any
other park-specific vending policies would be superseded by the proposed
temporary ordinance.
b. Allow the existing licensed vendors that have established vending spaces to
retain those spots without requiring a RAGBRAI vending permit. There are
two caveats to this: First, existing Vending licenses are site-specific, so if an
existing vendor in the City wishes to move locations to take advantage of the
RAGBRAI crowds, that vendor would need to follow the special RAGBRAI
vending permit process.
Second, the City's existing Vending ordinance states that vendors who are in
locations where a special event is occurring may be prevented from using that
space to facilitate the event. It should be noted that some RAGBRAI
entertainment is proposed to be downtown, where existing Vending licensees
have regular vending locations. These vendors may be required to move to
accommodate the event, although the local RAGBRAI Committee may
choose to contract with those vendors to be in the entertainment areas,
subject to paying the RAGBRAI vendor fee. The ordinance also provides for
the suspension of sidewalk cafes that are in conflict with the downtown
entertainment areas.
c. Require the local RAGBRAI organizing committee to use fees collected to
finance only the expenses of hosting RAGBRAI. Additionally require that
regulation of permits be done in a manner free from illegal discrimination.
Require City Manager's Office review and approval for policies and fees, and
review of any action to revoke, deny, or suspend a RAGBRAI Vending Permit.
Limitation on Temporary Outdoor Service Privileges — The model ordinance
provided by RAGBRAI recommends that only the main alcoholic beverage garden
organized by the local RAGBRAI organizing committee be permitted, and that local
authorities do not approve other temporary outdoor service privilege requests during
RAGBRAI.
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The rationale provided by RAGBRAI for this restriction is two-fold: 1) A single large
temporary beverage garden is less challenging to monitor and control than temporary
beverage gardens spread throughout the community, and 2) RAGBRAI indicates that
local establishments can expect increased business during RAGBRAI even without their
own outdoor beverage gardens. Since the local organizing committee is incurring
significant expenses to support the RAGBRAI event, it should be allowed to recoup its
costs by directing RAGBRAI participants to the main beverage garden.
The City Council has also provided direction to staff to modify the Municipal
Code on a permanent basis to remove the prohibition of bicycle riding on the
Brookside walking paths (Section 19.12 - Bike Riding Prohibited in Certain Parks).
That modification is not part of this ordinance, but will be brought to the City Council at
its next meeting.
ALTERNATIVES:
1. Approve first reading of the attached ordinance, providing for temporary
modifications to Municipal Code to facilitate RAGBRAI's visit through Ames on
July 24-25, 2018.
2. Direct staff to modify the attached ordinance.
3. Do not approve the,ordinance.
MANAGER'S RECOMMENDED ACTION:
Temporary modifications to the Municipal Code will help facilitate the activities and
services associated with RAGBRAI's visit to Ames on July 24-25. The proposed
ordinance has been prepared in accordance with the City Council's direction, and it is
similar in nature to the model ordinance recommended by RAGBRAI organizers for
overnight communities.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving first reading of the attached ordinance, providing
for temporary modifications to Municipal Code to facilitate RAGBRAI's visit through
Ames on July 24-25, 2018.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW CHAPTER 34 FOR THE
PURPOSE OF ASSISTING CITY OFFICIALS AND THE RAGBRAI
COMMITTEE IN MANAGING THE PROVISION OF SERVICES TO
THE PUBLIC DURING THE OVERNIGHT STOP OF THE DES
MOINES REGISTER'S ANNUAL GREAT BICYCLE RIDE ACROSS
IOWA(RAGBRAI)ON JULY 24,AND 25,2018,REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE-DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by enacting a new Chapter 34 as follows:
"Sec.34.1.DEFINITIONS.
As used herein,the following definitions shall apply:
(1) "Food" shall include food products of all kind including food packaged for consumption
off premises as well as meals prepared for consumption either on or off premises.Food shall also include beverages
of every kind,including both alcoholic and nonalcoholic,except for water provided without cost to the consumer.
(2) "Person" shall include any individual person, club, group, organization, partnership,
corporation, or entity of any kind.
(3) "RAGBRAI Committee" shall be defined as the Advisory Board and the Executive
Committee as designated by the City of Ames and the Ames Convention and Visitors Bureau.
(4) "Vending Booth"shall mean any stand, cart,vehicle,trailer,or other structure at which a
person exchanges goods or services for money. An individual person who moves from place to place while
exchanging goods or services for money shall also be construed as a vending booth.
Sec.34.2.RAGBRAI COMMITTEE POWERS.
The RAGBRAI Committee is hereby empowered to:
(1) Issue permits to any person engaged in the sale of food or goods to the public, whether
for-profit or non-profit in nature,at any time on July 24,2018, or July 25,2018;and,
(2) Regulate the location, days and times of operation, and goods to be offered for sale at
vending booths,and limit the number of permits issued;and,
(3) Establish appropriate fees, deposit requirements, insurance requirements, enhanced
services such as electricity or water access, deadlines, and procedures for the issuance of permits, provided the fee
for a person who operates a vending booth on behalf of a non-profit organization for non-profit purposes shall be
less than the fee for a person who operates a vending booth on behalf of or as a for-profit entity;and,
(4) Revoke, deny,or suspend permits for vending,for any of the following reasons:
a. Failure to pay required fees;or,
b. Failure to comply with the procedures established by the RAGBRAI Committee
for the issuance and maintenance of permits;or,
C. Failure to comply with applicable state or local public health regulations;or,
d. If, in the judgment of a person designated by the RAGBRAI Committee, the
operation or continuing operation of a vending booth would constitute a public nuisance or threaten the safety of the
public.
See.34.3.RAGBRAI COMMITTEE POWERS RESTRICTED.
The RAGBRAI Committee shall:
(1) Use any funds collected through permits or fees established through this section to
provide services to the participants in the RAGBRAI event, including but not limited to: drinking water, toilet
facilities, solid waste disposal,security, utilities, entertainment,marketing, and promotion. Any funds collected that
are not used for these purposes shall at the conclusion of RAGBRAI be paid to the City of Ames.
(2) Ensure that the issuance, revocation, denial, or suspension of permits shall be conducted
in a fair and consistent manner, and in no instance shall be done on the basis of the color, creed, gender identity,
national origin,race,religion,sex,or sexual orientation of the applicant or proprietor.
(3) Consult with and obtain approval from the City Manager or designee prior to establishing
fees,regulations,and procedures,and prior to the revocation,denial,or suspension of any permit.
Sec.34.4.VENDORS—PERMIT REQUIRED.
(1) No person shall provide or sell food or goods to the public in the City of Ames, Iowa on
July 24, 2018, or July 25, 2018, at a location other than their regularly established place of business unless said
person shall first obtain a permit from the RAGBRAI Committee, except those individuals who have obtained a
Vending License pursuant to Division III of Chapter 22 of the Municipal Code (Vending) on or before April 1,
2018,and who continually maintain said license through July 25,2018.
Sec.34.5.OUTDOOR ALCOHOLIC BEVERAGE SERVICE AREAS.
The presence of approximately 20,000 additional people in Ames on July 24, 2018, many of whom may be
consuming alcoholic beverages, has the potential to overwhelm local law enforcement personnel. Therefore, to
ensure public safety,the City Council determines that there may be accepted and approved by the City no more than
one application for a temporary outdoor alcoholic beverage service area within the City of Ames for July 24 through
12:00 noon July 25, 2018. The RAGBRAI Committee, or its designee, shall have the first right to apply to the City
for such a license.However, if the RAGBRAI Committee fails to secure such an endorsement by June 30,2018, the
City Council shall have the option to consider applications from other applicants for an outdoor alcoholic beverage
service area taking place during those dates. Any establishment that has, prior to the adoption of this Ordinance,
obtained a license for an outdoor alcoholic beverage service area, where that license is valid for July 24 or July 25,
2018,shall be permitted to operate that outdoor alcoholic beverage service area pursuant to the terms of its license.
Sec.34.6.VIOLATIONS-PENALTIES.
A violation of this Section shall be a municipal infraction,punishable by a fine of$250.00 for each violation thereof.
Sec.34.7. CERTAIN ORDINANCES AND POLICIES SUSPENDED.
(1) The provisions of this Ordinance shall supersede the policies of the Parks and Recreation
Commission regarding vending in City parks.
(2) The provisions of Division III of Chapter 22 of the Municipal Code (Vending) shall be
suspended and not enforced on July 24, 2018, or July 25, 2018, except for those individuals who have obtained a
Vending License pursuant to that Division on or before April 1, 2018, and who continually maintain said license
through July 25,2018.
(3) For the purpose of facilitating entertainment activities in the public right-of-way, any
Sidewalk Cafe Permit authorized pursuant to Division VII of Chapter 22 of the Municipal Code (Sidewalk Cafe
Permits), which has been deemed to be in conflict with the entertainment planned by the RAGBRAI Committee,
shall be suspended.on July 24,2018.
(4) For the purposes of providing camping areas and related facilities for RAGBRAI
bicyclists staying overnight, Section 19.11 of Municipal Code(Park Hours)shall be suspended and not enforced on
July 23,July 24,or July 25,2018,for Brookside Park and Stuart Smith Park.
(5) For the purpose of facilitating the conveyance of supplies and equipment necessary for
camping, vending, and other service functions within the parks, Section 19.9 of Municipal Code (Unlawful to
Operate a Motor Vehicle in City Parks; Exceptions) shall be suspended and not enforced with respect only to
persons designated by the Parks and Recreation Director on July 24,201.81 or July 25,2018
Sec.34.8.EFFECTIVE DATES.
(1) The provisions of this Ordinance shall be in effect upon adoption by the Ames City
Council and remain in effect until 12:01 a.m.on July 26,2018.
Section Two. All previous ordinances or parts of such ordinances in conflict with provisions of this
Ordinance are hereby suspended.
Section Three. If any section, provision, or part of this Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section thereof,
or part thereof, not adjudged invalid or unconstitutional.
Section Four. This Ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Passed this day of
Diane R.Voss,City Clerk John A.Haila,Mayor