HomeMy WebLinkAboutA001 - Council Action Form dated March 14, 2023 ITEM # 41
DATE 02-14-23
DEPT: ADMIN.
COUNCIL ACTION FORM
SUBJECT: TEMPORARY ORDINANCE FOR RAGBRAI 2023
BACKGROUND:
On January 28, it was announced that Ames would be an overnight stop for the 2023
Register's Annual Great Bicycle Ride Across Iowa (RAGBRAI), as part of the effort to
recreate the original RAGBRAI route for the 50th year of the ride this summer, Riders
will arrive on Tuesday, July 25 and depart on Wednesday, July 26.
Ames was an overnight stop for RAGBRAI XLVI in 2018. Prior to the 2018 ride,
Discover Ames (previously the Ames Convention and Visitors Bureau) requested and
the City Council approved a temporary RAGBRAI ordinance. The ordinance was
developed based on a model ordinance provided by RAGBRAI organizers. It made
modifications to Municipal Code to facilitate the event during the week of the ride, and it
has remained in Chapter 34 of Municipal Code as an expired ordinance.
In the opinion of City staff, the 2018 ordinance worked well to accomplish its intent. With
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the announcement of Ames as an overnight town for RAGBRAI 50, staff consulted with
Discover Ames and is presenting an ordinance to revise and reactivate the Cit 's
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RAGBRAI ordinance. 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,
Gateway, Stuart Smith, and River Valley parks from Monday, July 24 through
Wednesday, July 26. Although the registered riders will not enter the community until
July 25 (Tuesday), registered support teams often send advance teams who camp the
day prior to the arrival of riders to prepare their designated spots.
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� 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
allow the Parks and Recreation Director to temporarily 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.
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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, the temporary RAGBRAI ordinance provides the following regarding
vending:
1. The City's typical vending regulations are suspended during RAGBRAI. Instead
of the City issuing Vending Licenses during that period, the local RAGBRAI
organizing committee is empowered to issue permits, adopt fees, establish
policies, and regulate locations and hours of sales.
It should be noted that these changes also supersede Parks and Recreation
policies related to vending in the parks, which are separate from the City's non-
parks vending regulations, 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.
2. Existing licensed vendors that have established vending spaces are permitted to
retain those spots without requiring a RAGBRAI vending permit. However, 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.
3. The local RAGBRAI organizing committee is obligated to use its collected
revenues to finance only the expenses of hosting RAGBRAI.
Limitation on Temporary Outdoor Service Privileges — The temporary RAGBRAI
ordinance provides that the main alcoholic beverage garden organized by the local
RAGBRAI organizing committee is the only outdoor service area permitted during that
time; other temporary outdoor service privilege requests during RAGBRAI would not be
entertained.
The rationale provided in 2018 by RAGBRAI for this restriction is two-fold: 1) A single
large temporary beverage garden is less challenging to monitor and control than
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temporary beverage gardens spread throughout the community, and 2) RAGBRAI
indicates that local establishments can expect increased business during RAGBRAI
j even without their own outdoor beverage gardens. Since the local organizing committee
I 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.
ALTERNATIVES:
1. Approve first reading of the attached ordinance revising Chapter 34 of Municipal
Code to facilitate RAGBRAI's visit through Ames on July 25-26, 2023.
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2. Direct staff to modify the attached ordinance.
3. Do not approve the ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
The temporary modifications to Municipal Code for RAGBRAI in 2018 were effective in
facilitating the activities and services intended by organizers. That ordinance was based
on the model ordinance provided by RAGBRAI organizers for use in other cities across
Iowa. The ordinance remains in Municipal Code, although it is no longer in effect based
on the dates specified in the ordinance.
City staff has consulted with Discover Ames, which is organizing the overnight stop in
Ames for RAGBRAI. An ordinance has been prepared to revise and reactivate the
RAGBRAI chapter of Municipal Code for the 50t" RAGBRAI ride this summer. Staff
believes adopting these changes shortly after the route announcement has occurred will
allow for other steps in the planning process to take place in an efficient manner.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
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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
i PUBLIC DURING THE OVERNIGHT STOP OF THE DES
MOINES REGISTER'S ANNUAL GREAT BICYCLE RIDE
ACROSS IOWA (RAGBRAI) ON DULY 25, AND 26, 2023,
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EI'FECTIVE 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 repealing Chapter 34 and enacting a new Chapter 34 as follows:
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"See. 34.1.DEFINITIONS.
As used herein,the following definitions shall apply:
(1) "Food" means food products of all kinds 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.
1 (2) "Person" means any individual person, club, group, organization, partnership, corporation, or
entity of any kind.
(3) "RAGBRAT Committee" means the Advisory Board and the Executive Committee as
designated by the City of Ames and Discover Ames.
(4) "Vending Booth" means 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.
See.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 25,2023, or July 26, 2023,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
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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 federal, 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 fiends collected through permits or fees established through this Chapter 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 be paid to the City
of Ames at the conclusion of RAGBRAI.
(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.
See.34.4. VENDORS—PERMIT REQUIRED.
No person shall sell food or goods to the public in the City of Ames, Iowa on July 25, 2023, or
July 26, 2023, 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 111 of Chapter 22 of the Municipal Code
(Vending)on or before March 6,2023,and who continually maintain said license through July 26,
2023.
See. 34.5. OUTDOOR ALCOHOLIC BEVERAGE SERVICE AREAS.
The presence of approximately 25,000 additional people in Ames on July 25,2023,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 has determined that no more than
one application for a temporary outdoor alcoholic beverage service area within the City of Ames
may be accepted and approved by the City for July 25 or July 26, 2023. 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 approval by June 30,2023,the City Council
may consider applications from other applicants for an outdoor alcoholic beverage service area for
July 25 or July 26, 2023. 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 25 or July 26,2023, 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 any provision of this Chapter shall be a municipal infraction, punishable by a civil
penalty of$250.00 for each violation.
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 25, 2023, or July 26, 2023, except for those individuals
who have obtained a Vending License pursuant to that Division on or before March 1, 2023,
i and who continually maintain said license through July 26, 2023.
i (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 25,2023.
(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 24,July 25,or July 26,2023,for Brookside Park,Stuart Smith Park,Gateway
Park,and River Valley 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 on July 25,2023,or July 26,2023,with respect only to persons designated by the
Parks and Recreation Director.
Sec.34.8.EFFECTIVE DATES.
This Ordinance shall be in effect upon adoption by the Ames City Council and remain in effect
until 12:01 a.m. on July 27, 2023.
Section Two. All previous ordinances or parts of such ordinances in conflict with
provisions of this Ordinance are hereby suspended.
Section Three. lfany 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 frill force and effect from and after its passage,
approval and publication as provided by law, and remain in effect until 12:01 a.m. on July 27,
2023.
Passed this day of , 2023
Renee Hall, City Clerk John A. Haila, Mayor