Title
Resolution to Update the Approval for the Third Tuesday of July Annually as the Opening Day of the Ann Arbor Art Fair, to Approve Street Closings for the Annual Ann Arbor Art Fair, to Affirm the Requirements for Temporary Outdoor Sales, Service and Consumption of Alcohol and the Standards For Temporary Outdoor Sales on Private Property, and to Affirm the Allocation of Fees Among the Art Fair Organizations
Memorandum
The 2024 Ann Arbor Art Fair is scheduled for July 18-20, 2024. Four separate organizations, each covering separate but adjacent portions of downtown Ann Arbor, sponsor the annual event.
Historically, City Council has been presented with one or more resolutions in connection with the closure of streets, temporary outdoor sales and use of the public right-of-way in connection with temporary liquor licenses and regulations of quadricycles and other traffic issues during the designated dates for the Art Fair. For the 2022 Art Fair, the City Administration worked with a committee representing each of the four fair organizations to identify issues that impact the Art Fair as a whole thereby providing both the City and the respective Art Fair Directors with a uniform planning tool for identifying needed services and proper allocation of City fees between the organizations for 2022 and subsequent Art Fairs. That resolution was approved at R-22-022 and initially at R-18-132. Going forward, this Resolution will permit Art Fair events to begin every third Tuesday in July, allowing for pre-Art Fair events, such as the Townie Party, Dart for Art and Paint the Town. Tuesdays will also allow more time to prepare for the larger opening of Art Fair, which will occur on the following Thursday.
Additionally, this Resolution will serve to restrict the use of bicycles, electronic scooters and ebikes, such as the Spin, from being operated within the footprint of the Art Fair. The vendor has committed to creating a No Ride Zone geofence ensuring the units will be inoperable within that footprint. This Resolution does not apply to electronic vehicles used for those with physical restrictions and require electronic wheelchairs or similar vehicles.
The attached resolution specifically addresses the following:
• Timing of the Art Fair
• Established boundaries for Art Fair
• Use Restrictions of City streets and right of way during the Art Fair
• City services for which fees will be assessed and allocated between the organizations that sponsor the Art Fair
• Restricted use of electronic scooters and ebikes that are not used by those with physical restrictions
The proposed resolution is recommended for Council approval.
Staff
Prepared by: Debra Williams, Office Manager
John Reiser, Senior Assistant City Attorney
Reviewed by: Derek Delacourt, Community Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, The Ann Arbor Art Fair is an established community event in the City of Ann Arbor sponsored by four separate organizations, each covering separate but adjacent portions of downtown Ann Arbor held beginning on the third Tuesday of July each year and ending on or before the following Saturday, with the Tuesday evening and Wednesday before being utilized for event setup and related City site inspections;
Whereas, Four organizations sponsor the Art Fair (“the organizations”), which are State Street District, The Ann Arbor Street Art Fair, Inc., Michigan Guild of Artists and Artisans d/b/a The Guild of Artists and Artisans, Washtenaw Non-Profits;
Whereas, The organizations annually request street closings and related services from the City to permit a successful event;
Whereas, Advanced planning for future Art Fairs will allow both the separate organizations and the City Administration to budget for services, allow for and calendar City scheduled and DDA scheduled public improvement projects within the boundaries of the Art Fair outside of the Art Fair dates and other cooperative efforts; and
Whereas, City Council is permitted under Chapter 47, Streets and Sidewalks, and Chapter 79, Solicitors and Peddlers, of the Ann Arbor City Code to restrict the issuance of permits during special events, or at times when congestion in the City or a part of the City is too great to allow sidewalk occupancy, and has historically restricted issuance of such permits during Art Fair;
RESOLVED, That the dates of Art Fair be established as beginning on the third Tuesday of July each year and ending on or before the following Saturday with the Tuesday evening and Wednesday before being utilized for event setup and related City site inspections;
RESOLVED, That City Council approve the closing of the streets identified in the attached Street Closure map beginning on the third Tuesday of July until the third Saturday of July, which closures are subject to the following restrictions:
• Streets must be barricaded using AAPD-approved barricades and designated locations to insure restriction of traffic;
• Parking is prohibited on designated streets identified on the Buffer and Street Closure map attached to this resolution except and limited to vehicles that clearly display Art Fair Authorized permits.
• Annual Sidewalk Occupancy Permits are invalid within the Art Fair boundaries except for sidewalk occupancy allowed by Art Fair organizations on those streets closed by City Council for the Art Fair. Each organization must file a list of Art Fair Sidewalk Occupancy Permit the organization has issued with the City Clerk prior to the start of the Art Fair and issued authorization permits must be displayed by the vendor on-site during the Art Fair
• Peddler/Solicitor Permits, including permits for pedicabs, are invalid within the Art Fair boundaries during the Art Fair from the time scheduled for setup to begin until the streets within the boundaries are released for vehicular traffic
• Commercial Quadricycle Permits are invalid within the Art Fair boundaries during Art Fair from the time scheduled for setup to begin until the streets within the boundaries are released for vehicular traffic.
• Use of bicycles, electronic scooters and ebikes will be restricted.
• Temporary Outdoor Liquor Permits within the City right of way shall be processed in accordance with MLCC requirements and separately reviewed and approved by Ann Arbor Police Services.
RESOLVED, That fees for the use and cost of City services to be provided within the boundaries of each fair be calculated, assessed, and allocated among the organizations that sponsor the Art Fair based on the following formula:
City Service Cost Allocation
Organization Square Footage Percentage of Total
(subject to change based on decisions made by Art Fair Organizers)
|
State Street District |
303,163 |
30% |
|
The Ann Arbor Street Art Fair, Inc. |
225,747 |
23% |
|
Michigan Guild of Artists and Artisans |
|
|
|
d/b/a The Guild of Artists and Artisans |
250,015 |
55% |
|
Washtenaw Non-Profits |
17,110 |
2% |
|
Total |
1,001,042 |
100% |
RESOLVED, That the fees to be paid to the City by each organization are intended to cover City services as necessary to support the event;
RESOLVED, That as has historically been the practice, the organizations apply for a permit and when issued the permit specify the amount of fees to be charged to the organizations for each of the City services listed above;
RESOLVED, That each organization be liable to the City for a percentage of the total fee amount to be calculated based on the percentages set forth in the above table, except that as with past Art Fairs the Washtenaw Non-Profits be required to pay no more than $300.00;
RESOLVED, That all fees shall be paid no later than 30-days in advance of the Wednesday of Art Fair;
RESOLVED, That City Council approve liquor licensee requests for temporary authorization for outdoor sales, service and consumption of alcoholic beverages during Art Fair within the defined areas in the City’s right-of-ways within the boundaries of the Art Fair reviewed and approved by Ann Arbor Police Services;
RESOLVED, That each fair organization shall provide insurance coverage satisfactory to the City Attorney in connection with the occupancy and use of City public right of ways during the dates of the Ann Arbor Art Fair, inclusive of setup and take-down dates, which insurance shall name the City of Ann Arbor as an additional insured;
RESOLVED, That City Council rescinds all previous resolutions regarding temporary outdoor sales or displays of goods and services on private property within the Street Closure Map;
RESOLVED, That beginning with the 2019 Art Fairs and subsequent Art Fairs, all outdoor sales on private property may only occur in accordance with Section 5:10.15(2)(f) of the City Code;
RESOLVED, That City staff assigned by the City Administrator shall meet with representatives of each fair organization and other stakeholders as necessary to implement this resolution and to resolve issues related to the Art Fair;
RESOLVED, That the City Clerk be directed to mail to any current Commercial Quadricycle permit holder a certified copy of this Resolution as notice of prohibited operation during the Art Fairs and in 2019 and thereafter include a copy of this resolution with any application packet for such a permit; and
RESOLVED, That the City Clerk be directed to mail a copy of this resolution to the Ann Arbor Downtown Development Authority to advise the Authority of City Council’s recommendation and support.