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Item 8BCity of Southlake, Texas MEMORANDUM February 9, 2005 TO: Shana Yelverton, Acting City Manager FROM: Greg Last, Director of Economic Development Stefanie Wagoner, Economic Development Specialist SUBJECT: Southlake Sidewalk Sale Ordinance No. 883 Action Requested: Discussion and staff direction regarding Ordinance 883 providing for administrative processes to implement a city -wide sidewalk sale. Background Information: Staff from the Southlake Chamber of Commerce and the Department of Economic Development network continuously with Southlake businesses. The implementation of a city -wide Southlake Sidewalk Sale (SLSS) is a proposed program resulting from brainstorming ideas with local businesses. It is our desire to hold a sidewalk sale in order to encourage patronage of local businesses as well as generate revenues for the City of Southlake. Financial Considerations: None at this time. Future year budget requests may include funds to assist in promotional advertising. Citizen Input/ Board Review: None. Legal Review: The City Attorney's Office has been involved in the review of this ordinance. Discussions are ongoing as to details of the ordinance. Alternatives: At the direction of City Council. Supporting Documents: Attached you will find the following items: • Southlake Sidewalk Sale "Program Summary" • Southlake Sidewalk Sale Ordinance No. 883, current draft Staff Recommendation: Economic Development staff recommends approval of the Southlake Sidewalk Sale Ordinance. Southlake Sidewalk Sale M Program Summaf y S OUTHLAKE Following is a summary of topics related to a Chamber of Commerce potential "Southlake Sidewalk Sale" event to be held for the benefit of Southlake retailers Department of Economic Development Overview This event is intended as a single -day event held city -wide in order to promote the retail businesses in the City of Southlake. Coordinating Sponsors The event would be jointly coordinated and sponsored by the Southlake Chamber of Commerce and the City of Southlake Department of Economic Development. Southlake Chamber of Commerce Southlake Department of Economic Development Giovanna Phillips, President Stefanie Wagoner, Econ. Dev. Specialist PH: (817) 481 -8200 PH: (817) 481 -1676 FX: (817) 749 -8202 FX: (817) 481 -1701 EM: phillips @southlakechamber.com EM: swagoner @ci.southlake.tx.us Purpose Following are the major purposes for holding the Southlake Sidewalk Sale (SLSS). • To generate additional sales tax revenue for the City of Southlake • To provide additional sales for the retailers and restaurants in Southlake • To raise the awareness of Southlake as a destination retail location in Dallas/Fort Worth • To enhance the relationships between Southlake retailers and the Southlake Chamber of Commerce and Southlake Department of Economic Development Event Following are the primary aspects of the event. • Duration: The intent is to hold a single -day event, currently proposed as a Saturday. • Time: The event would begin at 8:00 a.m. (or when the stores open) and conclude no later than 9:00 p.m. that evening. • Date: The date is to be determined, but anticipated for early spring (June ?) of 2005. Feedback regarding the desired date would be solicited from a roundtable representation of retailers. Display of Merchandise Following are topics related to the locations at which items may be displayed for sale and duration of display. • Permitted Display: Sidewalks in front of or along side the lease space of the participating tenant. Parking areas as approved by the property manager and only where the parking is off - street on private property. • Prohibited Display: Within public right -of -way (ROW) (with exception of Town Square which has public ROW to the face of the retail buildings and then it is only allowed on the sidewalks), and landscape areas. • Timing of Display: No merchandise could be displayed outside the store earlier than two hours prior to the start of the event, and all items must be returned to inside the store within two hours after the end of the event. Southlake Sidewalk Sale - Program Summary - January 25, 2005 - Page 1 of 2 Activities & Events • Individual property managers may coordinate activities or events such as bounce houses for kids, wiener dog races, etc. • A master list of all anticipated events shall be kept by the coordinating entities. • Potentially a "food- tasting" area or event of some kind. • Public safety trailer and life safety topics (maybe hazardous weather training if held in the spring ?) Advertising Following are anticipated or potential advertising elements. • Full -page (or as cost allows) newspaper advertising utilizing logos of every business participating in the SLSS. • TV coverage stimulated through an organized media campaign. • Information on the Southlake City website and SL Chamber website. • Articles in the Southlake Chamber of Commerce Newsletter. • Articles in the Southlake City Newsletter. • Costs of advertising would be negotiated between the City, Chamber and participants. Signne • All banner signs related to the SLSS would be exempt from sign permit fees but would be required to be permitted. • All banner signs would have to include the wording " Southlake Sidewalk Sale" along with whatever the business wanted to say. • Signs similar to " Southlake Sidewalk Sale this Saturday" would be allowed to go up on the businesses and for each retail center no earlier than the Wednesday immediately before the Saturday sale. Property Manager Coordination • All property managers of retail centers would be asked to participate and help coordinate their tenants and ensure compliance with any on -site regulations. • Adequate contact information must be provided for each center's property manager to the SL Economic Development staff prior to the event. Security • The City may need to provide additional bike patrols (or as they see fit) for additional exposure and security at various locations or major centers. Approval Process • The Economic Development staff will take the lead on seeking guidance regarding the appropriate approval process through the City. This is currently being discussed with the Planning staff and the City Attorney's office. Southlake Sidewalk Sale - Program Summary - January 25, 2005 - Page 2 of 2 SOUTHLAKE SIDEWALK SALE ORDINANCE NO. 883 AN ORDINANCE GRANTING AUTHORIZATION TO HOLD A CITY -WIDE SOUTHLAKE SIDEWALK SALE; ESTABLISHING AN APPLICATION AND APPROVAL PROCESS; ESTABLISHING GUIDELINES FOR DISPLAY AND SALE OF MERCHANDISE, SIGNAGE AND ADMINISTRATIVE PROCESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City "), considers it a substantial government interest to support the retail establishments in the City through innovative programs enhancing the patronage of these businesses; and WHEREAS, the Southlake Chamber of Commerce (the "Chamber ") is a long— standing partner with the City through their programs enhancing and supporting the business community of the City; and WHEREAS, the retail establishments in the City contribute significantly to the municipal budget through sales taxes as a result of the sale of their goods; and WHEREAS, the City has become a regional retail destination for shoppers throughout the Dallas / Fort Worth Region and specifically Tarrant County; and WHEREAS, the City and the Chamber deem it to be of vital interest to the retail businesses of the City as well as the residents of the City, to partner together for the purposes of holding a city -wide Southlake Sidewalk Sale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. DEFINITIONS The following definitions shall be used in this ordinance. Southlake Sidewalk Sale A city -wide event which allows participating merchants to display and sell merchandise outdoors during the duration of the event. The occasion may include ancillary activities that serve to promote the event. Participating Merchant A retail business that holds a valid Certificate of Occupancy (C.O.) and maintains a physical location in the City, holds a valid comptroller's sales tax certificate, and desires to participate in the event. Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 9, 2005 - Page I of 5 SECTION 3. APPLICATION AND APPROVAL PROCESS A. WHO MAY APPLY An application for approval to hold a Southlake Sidewalk Sale may only be submitted by the Staff of the Department of Economic Development of the City or other persons designated by the City Manager. B. APPLICATION REQUIREMENTS An application for a Southlake Sidewalk Sale shall be submitted to the Department of Planning and must include the following items: 1. A general description of the event. 2. The applicant's name and contact information. 3. The dates, time and duration of the proposed event. 4. Identification of any ancillary events or activity areas that may be held concurrent with the event for the purpose of additional promotion and shopper attraction. 5. A summary of all property managers and emergency contacts for all participating (or potentially participating) retail centers. 6. Proposal for coordinating signage for the event. C. APPROVAL PROCESS The completed application shall be presented to the Southlake City Council for consideration. The City Council may approve, deny, or modify the application as deemed appropriate and may approve a single event or multiple events. SECTION 4. DISPLAY AND SALE OF MERCHANDISE A. GENERAL REQUIREMENTS 1. City Establishments Only Only those retail businesses hold a valid Certificate of Occupancy (C.O.), maintain a physical location in the City, and hold a valid comptroller's sales tax certificate, may participate in the event and display merchandise for sale. 2. Goods for Sale Only those goods normally sold in Southlake by the merchant shall be displayed or sold during the event. Any sale of food or perishables shall be subject to all health and sanitation requirements. 3. Pedestrian Passage Each merchant shall be required to maintain a 44" wide clear right - of -way for pedestrians using the sidewalk/walkway. The display of merchandise shall not obstruct doorways nor impede pedestrian traffic or wheelchair accessibility. Normal ingress and egress to and from the merchant's store or premises shall not be impaired. 4. Merchants are responsible for displaying merchandise in a manner that ensures the health, safety and welfare of the public. Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 9, 2005 - Page 2 of 5 B. PERMITTED DISPLAY TIMES 1. Prior to Event No merchandise shall be displayed outside the store earlier than two (2) hours prior to the event. 2. After the Event All items must be returned to inside the store within two (2) hours after the end of the event. C. ALLOWABLE DISPLAY AREAS Display of merchandise shall only be allowed in the following areas. 1. Walkways On a sidewalk or designated walkway in front of the principal building leased or owned by the participating merchant. This shall include sidewalks within public right -of -way (ROW) of mixed -use developments where the ROW abuts the front of the building (e.g. Southlake Town Square). 2. Parking Areas In a hard surfaced parking area located on the same lot or in the same development as the principal building leased or owned by the merchant and only where the parking is off - street and located on private property. Within the limits of the Southlake Town Square development, display shall be allowed on parking areas within the public ROW only where a distance of four feet (4') is maintained between the merchandise and the edge of the traveled driving lane. D. PROHIBITED DISPLAY AREAS The following areas shall be prohibited from the display of merchandise. 1. Within the limits of the marked fire lane or vehicular travel way. 2. In designated handicapped parking spaces or loading areas. 3. No more than 15% of the designated parking areas shall be used to display or sale of merchandise or promote the event. 4. From a Vehicle: No display or sale of merchandise shall be allowed from a vehicle. 5. Nothing contained in this ordinance will exempt any property owner or merchant from complying with all requirements of applicable health, safety, and welfare codes. SECTION 5. SIGNAGE A. SIGNAGE CONTINUITY Signage for the event shall be coordinated throughout all participants. Signs allowed for display and regulations thereof include the following. Participating Merchant Sign A temporary sign or banner indicating that a merchant is participating in the event. This type of sign shall not exceed two square feet in area. a. Display Time These signs may be displayed no more than two weeks prior to the event and must be taken down within two hours after the event. b. Permitted Display Areas These signs must be attached to the building facade or displayed in the window. No more than two (2) signs per merchant shall be Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 9, 2005 - Page 3 of 5 displayed. A merchant occupying a building exceeding 20,000 square feet of building floor area may display four (4) signs. 2. Merchant Sign A temporary sign that is used adjacent to displayed merchandise to identify a business. This type of sign shall not exceed six (6) square feet in area. a. Display Time These signs may only be displayed during the event. b. Permitted Display Areas These signs, if used by the merchant, must be displayed in proximity to merchandise for sale. No more than two (2) signs shall be allowed per merchant. 3. Promotional Sign These signs are intended to collectively promote the event for all tenants within a retail center. This sign shall not exceed forty -five (45) square feet in area. a. Display Time These signs may be displayed no more than two weeks prior to the event and must be taken down within two hours after the event. b. Permitted Display Areas These signs may be attached to the facade of a building or other structure within the retail development. One sign shall be allowed for each public road frontage, not to exceed two (2) signs per development. B. PERMITTING All signs noted above shall not require a sign permit or related fee but shall meet all other requirements of the City's sign ordinance except to the extent expressly provided otherwise herein. SECTION 6. ADMINISTRATION A. EVENT COORDINATION The coordination and administration of the event shall be the responsibility of the applicant. The applicant shall coordinate the planning and execution of the event with the City's Department of Public Safety and any other City staff necessary. SECTION 7. SEVERABILITY It is hereby declared to be the intention of the City Council that phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 9, 2005 - Page 4 of 5 SECTION 8. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 9. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF FEBRUARY, 2005. Mayor Attest: City Secretary PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MARCH, 2005. Mayor Attest: City Secretary EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 9, 2005 - Page 5 of 5