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HomeMy WebLinkAbout2010-08-17 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting August 17, 2010 A meeting of the Fayetteville City Council will be held on August 17, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Quarterly Report of the Financial Condition of the City — City Clerk Sondra Smith, Finance Director Paul Becker. Agenda Additions: A. Consent: 1. Approval of the July 20, 2010 and August 3, 2010 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Amend Resolution No. 98-09: A resolution to amend Resolution No. 98-09 to change all references from "Arkansas Western Gas Company" to "SourceGas, LLC." PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-10 3. Bid #10-49 Danny Robinson Construction, LLC: A resolution awarding Bid #10-49 and authorizing a contract with Danny Robinson Construction, LLC in the amount of $394,450.00 for renovation and lighting of the Wilson Park Trail, approving a 15% project contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-10 4. Arkansas Department of Aeronautics Grant: A resolution authorizing application and acceptance of an Arkansas Department of Aeronautics Grant in the amount of$18,984.00 to be used for the repair of airport fuel farm overfill protection and inventory management systems and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-10 5. Arkansas Historic Preservation Program: A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of $4,500.00 for travel and training expenses in support of the Fayetteville Historic District Commission; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-10 B. Unfinished Business: None C. New Business: 1. ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, Chapters 151: Definitions and 164: Supplementary Zoning Regulations, in order to include additional definitions and requirements for vehicle related businesses. THIS ORDINANCE WAS LEFT ON THE SECOND READING 2. RZN 10-3614 (WRMC): An ordinance rezoning that property described in rezoning petition RZN 10-3614, for approximately 4.37 acres, located at Lot 5 Brookstone Subdivision, the southeast corner of Wimberly Drive and Longview Street from R-O, Residential Office, to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5344 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. VAC 10-3617 (Timmermans): An ordinance approving VAC 10-3617 submitted by Blew and Associates, Inc. for property located at 3968 Edgewater to vacate a utility easement, a total of 1,008 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5345 4. Amend §117.80 Definitions (Pedicabs): An ordinance to Amend §117.80 Definitions of the Fayetteville Code, to enact a new Article IX Pedicabs of Chapter 117 Vehicle- Related Business of the Fayetteville Code and to declare an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5346 D. Public Hearing: 1. Certificate of Public Convenience and Necessity (Razorback Pedal Cab): A resolution to approve the granting of a Pedicab Certificate of Public Convenience and Necessity to the Razorback Pedal Cab. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-10 2. Certificate of Public Convenience and Necessity (Fayetteville Pedicab Company): A resolution to approve the granting of a Pedicab Certificate of Public Convenience and Necessity to the Fayetteville Pedicab Company. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-10 Announcements: Adjournment: 7:25 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: August 17,2010 Adjourn: Subject: Roll 6A&uw,aA, Lucas 4,ca., U Lewis a sent Gray M 0.w Thiel Cook (o;oS Petty Rhoads Ferrell Mayor Jordan g-o Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: August 17,2010 Subject: Consent Motion To: r�oe.r Motion By: Cork Seconded: 7k Lucas e Lewis PaAAJ Gray Thiel ✓ M,,rA, ,hvr4 Cook ✓ "—t Petty ✓ y l - I0 Rhoads , L)u Ferrell �✓ 6 2, 1 C) Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan a City Council Meeting: August 17, 2010 Subject: ADM 09-3466(UDC Chapters 151 & 164 Vehicle Related Businesses) Motion To: Peala Motion By: Seconded: C. 1 Lucas S + lA Seoxi' GAS fA4 New Lewis Business Gray Thiel n Cook Petty 1/ tQ Rhoads _sem Ferrell 'r /C�CLcli Mayor Jordan 9-0 Subject: RZN 10-3614 (WRMC) Motion To: an n r Motion By: Seconded: C. 2 Lucas ( 5 + New Lewis Business Gray weo ' Thiel ✓ l� Cook Petty ✓ �'' 4 Rhoads Ferrell ✓ ,/ Mayor Jordan 7-0 City Council Meeting: August 17, 2010 Subject: VAC 10-3617 (Timmermans) Motion To: nd Lead 3rd flus A Motion By: Seconded: C.3 Lucas { S�n)E RBS@ New Lewis Business Gray i/ ✓ �/ Thiel i/ ✓ Cook ✓ t/ ,/ I_ "_____ Petty f �✓ �/ 5Q�J Rhoads �/ ✓ �/ 3 Ferrell ✓ ,/� Mayor Jordan 7-0 Subject: Amend 117.80 Definitions (Pedicabs) Motion To: /gyp AJ a, Wnrok tW � ` No to Dne n b (l wlati ' t GidQ Motion By: &.t#i " f" yo Seconded: 77 T" �js pp C. 4 Lucas Q 65c ref Q@s",+ Q CJ �- New Lewis Business Gray ✓ Thiel (u sited Cook to aw t Petty '✓ ✓" Rhoads ,j ice•✓ e,, Ferrell ✓ �✓ Mayor Jordan City Council Meeting: August 17,2010 y �- t Subject: eAOt �j'�, g0 ,(✓eFi1)f,'b-ms `pEC(,,r- S Motion To: c A i Motion By: !e!t ` I (^'+ ' Seconded: Lucas "sed- S Sect * S f Lewis N" Gray ✓ �/ �/ �/' Thiel ✓ We Cook f ,i v/ Vol' Petty ✓ ✓ i/ ✓� ✓ Rhoads ✓ ,,r W/ Ferrell ✓ a" ✓ t/ Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: August 17,2010 Subject: Certificate of Public Convenience and Necessity (Razorback Pedal Cab) Q)A ,+era+ Motion To: dal . Motion By: Seconded: D. 1 Lucas Public Lewis Hearing Gray Thiel ✓ Cook 01 Petty e/ Q Rhoads ✓ 15 J� I O Ferrell Mayor Jordan Subject: Certificate of Public Convenience and Necessity (Fayetteville Pedicab Comp an ) Motion To: Motion By: Seconded: D 2 Lucas Public Lewis Hearing Gray ERhoads L 1�4} 10 ,oma° FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL I)I?I'AK`I'A1F.'N'C TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: August 18, 2010 _._. _.. _............ RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 17, 2010 1. Amend Resolution No. 98-09: A resolution to amend Resolution No. 98-09 to change all references from "Arkansas Western Gas Company" To "SourceGas, LLC." 2. Bid #10-49: A resolution awarding Bid 410-49 and authorizing a contract with Danny Robinson Construction, LLC in the amount of $394,450.00 for renovation and lighting of the Wilson Park Trail, approving a 15% project contingency, and approving a budget adjustment. 3. Arkansas Department of Aeronautics Grant: A resolution authorizing application and acceptance of an Arkansas Aeronautics grant in the amount of $18,984.00 to be used for the repair of Airport Fuel Farm Overfill Protection and Inventory Management Systems, and approving a budget adjustment. 4. Amend §117.80 Definitions (Pedicabs): An ordinance to amend §117.80 Definitions of the Fayetteville Code, to enact a new Article IX Pedicabs of Chapter 117 Vehicle-Related Businesses of the Fayetteville Code and to declare an emergency. 5. Certificate of Public Convenience And Necessity: A resolution to approve the granting of a Pedicab Certificate of Public Convenience And Necessity to Main Street Pedal Cab. 6. Certificate of Public Convenience And Necessity: A resolution to approve the granting of a Pedicab Certificate of Public Convenience And Necessity to the Fayetteville Pedicab Company. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting August 17, 2010 A meeting of the Fayetteville City Council will be held on August 17, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Quarterly Report of the Financial Condition of the City — City Clerk Sondra Smith, Finance Director Paul Becker. Agenda Additions: A. Consent: 1. Approval of the July 20, 2010 and August 3, 2010 City Council meeting minutes. 2. Amend Resolution No. 98-09: A resolution to amend Resolution No. 98-09 to change all references from "Arkansas Western Gas Company" to "SourceGas, LLC." 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #10-49 Danny Robinson Construction, LLC: A resolution awarding Bid #10-49 and authorizing a contract with Danny Robinson Construction, LLC in the amount of $394,450.00 for renovation and lighting of the Wilson Park Trail, approving a 15% project contingency, and approving a budget adjustment. 4. Arkansas Department of Aeronautics Grant: A resolution authorizing application and acceptance of an Arkansas Department of Aeronautics Grant in the amount of$18,984.00 to be used for the repair of airport fuel farm overfill protection and inventory management systems and approving a budget adjustment. 5. Arkansas Historic Preservation Program: A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of $4,500.00 for travel and training expenses in support of the Fayetteville Historic District Commission; and approving a budget adjustment recognizing the grant revenue. B. Unfinished Business: None C. New Business: 1. ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, Chapters 151: Definitions and 164: Supplementary Zoning Regulations, in order to include additional definitions and requirements for vehicle related businesses. 2. RZN 10-3614 (WRMC): An ordinance rezoning that property described in rezoning petition RZN 10-3614, for approximately 4.37 acres, located at Lot 5 Brookstone Subdivision, the southeast corner of Wimberly Drive and Longview Street from R-O, Residential Office, to P-1, Institutional. 3. VAC 10-3617 (Timmermans): An ordinance approving VAC 10-3617 submitted by Blew and Associates, Inc. for property located at 3968 Edgewater to vacate a utility easement, a total of 1,008 square feet. 4. Amend §117.80 Definitions (Pedicabs): An ordinance to Amend §117.80 Definitions of the Fayetteville Code, to enact a new Article IX Pedicabs of Chapter 117 Vehicle- Related Business of the Fayetteville Code and to declare an emergency. D. Public Hearing: 1. Certificate of Public Convenience and Necessity (Razorback Pedal Cab): A resolution to approve the granting of a Pedicab Certificate of Public Convenience and Necessity to the Razorback Pedal Cab. 2. Certificate of Public Convenience and Necessity (Fayetteville Pedicab Company): A resolution to approve the granting of a Pedicab Certificate of Public Convenience and Necessity to the Fayetteville Pedicab Company. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.3 t �� GC.r• n- Bid#10-49 Danny Robinson 1�) [�C+(�r�. -f �. C�� :`; fes• f. A Y "Cohstri?ction,LLC Page 1 oft THE CITY OF FAYETTEVILLE,ARKANSAS e ev le PARKS AND RECREATION 111W"tARTMENT Y 1t3Weu AR 72701 Fayetteville, 72701 7UI9)44434fl F(479)521-7714 AANpNSAi Bid #10-49, Construction of Wilson Park Trail Renovation and Lighting July 20, 2010 • Construction of the existing asphalt trail in Wilson Park was completed in 1996. The trail has outlived its lifespan. • Signs of erosion and buckling have been evident for several years and the trail is in need of replacement. • Numerous citizens have requested lights on this trail since the trail was completed in 1996. • Lighting is also needed along the trail due to heavy use in the evening and early morning hours. By lighting this trail, the City will provide a safer place for people to exercise and expanded hours for the trail to be used comfortably. • The project also includes the construction of raised, colored concrete crosswalks at four of the existing entry drives providing an additional safety feature for trail users. • Due to the popularity of the trail, the Parks and Recreation Advisory Board has supported the project, but funding has not been available for the project until this year. • The project was approved as part of the 2010 CIP. The project is funded with Parks Development(HMR) and Park Land Dedication (Southwest Quadrant) funds. ez' South side of Wilson Park on Louise Street North side of Wilson Park on Prospect Street ffacing east acing west al � North side of Wilson Park corner of Prospect Existing entry on north side of Wilson Park on Street and Wilson Avenue facing north Prospect Street facing east Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 A.3 Bid#10-49 Danny Robinson Construction,LLC Page 2 of 2 CfIlDeiti 4 FAYETTEVILLE §117.80 ons(Pedicabs) THECITYOF FAYETTEVILLE,ARKANSASof 28 KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY c DEPARTMENTAL CORRESPONDENCE / ,I na LEGAL DEPARTMENT TO: Mayor Jordan City Council Sondra Smith, City Clerk FROM: Kit Williams, City Attorney C�( DATE: August 11, 2010 RE: Pedicab Ordinance Amendments Suggested by City Clerk Pursuant to the City Council, I have drafted a proposed change that clearly places the duty of notification of current Certificate holders on the applicant seeking the City Council's approval for a new Certificate of Public Convenience and Necessity. I was able to accomplish this by changing one sentence in §117.101(C) Public Hearing for Certificate. Below is the new proposed (C) with the new sentence italicized. "(C) Public Hearing for Certificate. When the Police Department notifies the City Clerk that a proper and adequate application has been filed, the City Clerk shall fix a time and place for a public hearing thereon. The City Clerk shall thereupon notify the applicant who shall have the duty to notify all holders of current and valid Certificates of Public Convenience and Necessity for taxicabs and pedicabs and provide proof of such service to the City Council. Any interested person shall have the right either in person or by representatives of their own choosing, to be present at all such hearings and to introduce evidence and to be heard either in support of or opposition to the issuance of a certificate." C.4 Amend§117.80 Definitions(Pedicabs) Page 2 of 28 When discussing this situation with Sondra, I discovered that she had records of many Certificates of Public Convenience and Necessity that had been issued through the decades, many of which were no longer "current" as the holder was no longer in business, did not operate any taxis, etc. This creates a real notification problem for a new applicant since we might not have accurate addresses for those out of business Certificate holders. Requiring Notification of an out of business Certificate holder makes no sense. This provision will allow City Clerk Sondra Smith (in cooperation with our Police Department) to clean up her files so that we will know who the active holders of Certificates are and which Certificate should be cancelled. Below is the new proposed subsection (C) of §117.111 Suspension, Revocation and Cancellation of Certificate. "(C) If any holder of a Certificate goes out of business, fails to operate under the Certificate for one calendar year, fails to have any vehicle inspected to operate under the Certificate for one calendar year or fails to have any driver or operator properly permitted under the Certificate for one calendar year, the holder's Certificate of Public Convenience and Necessity shall be deemed abandoned and shall be denoted as cancelled and invalid by the City Clerk." I plan to soon bring to you this same language as an amendment to the taxicab ordinance and the limousine ordinance which currently have Certificates that do not need to be renewed and thus should be able to be cancelled when abandoned. We found a typo in the enacting ordinance and an improper reference to the Fayetteville Transit Board (instead of City Council) in the Pedicab Ordinance and have corrected both. Attached is what should be the final proposed pedicab ordinance with the change requested by the City Council at your Agenda meeting, the change requested by City Clerk Sondra Smith, and the typos corrected. Please amend the ordinance presented to you yesterday (and placed upon the Agenda) with these changes. The City Council may also present any further amendments you desire. If any one has an amendment in mind, please let me know so I can draft appropriate language for your amendment. C.4 Amend§117.80 Definitions(Pedicabs) /— / nrd S- 11-16 Page 3 o 28 ORDINANCE NO. AN ORDINANCE TO AMEND §117.80 DEFINITIONS OF THE FAYETTEVILLE CODE, TO ENACT A NEW ARTICLE IX PEDICABS OF CHAPTER 117 VEHICLE-RELATED BUSINESSES OF THE FAYETTEVILLE CODE AND TO DECLARE AN EMERGENCY WHEREAS, operators of pedicab companies have sought to begin operations within the City of Fayetteville; and WHEREAS, there are no current comprehensive regulations for pedicab operations within Fayetteville, and such regulations are essential to protect the safety and welfare of Fayetteville citizens. 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 §117.80 Definitions of the Fayetteville Code by replacing the definition of Nonmotorized passenger transport vehicle with the following: "Nonmotorized passenger transport vehicle. A horse-drawn carriage or similar vehicle pulled by horses or other livestock. " Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the Fayetteville City Code by enacting a new Article IX Pedicabs of Chapter 117 Vehicle-Related Businesses which is attached hereto as Exhibit "A" and incorporated herein as if set out word for word. >s; r`n� / �"�i —�� C.4 ""i Amend§117.80 Definitions(Pedicabs) Page 4 of 28 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that the immediate regulation of pedicabs is essential to protect the safety of Fayetteville citizens and therefore declares that an emergency exists such that this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.4 y J� ( � L Age 5 of 1 I�' Page 5 of 28 ARTICLE IX PEDICABS §117.100 Definitions (3)wheels in contact with the ground,any of which is For the purpose of this article, the following words more than sixteen(16)inches in diameter. and terms have the meaning ascribed thereto: §117.101 Certificate of Public Convenience Driver. An individual who operates a pedicab. And Necessity Required; Issuance Procedure Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article (A) Certificate needed for operation. No to provide pedicab service in the city. person shall operate or permit a pedicab owned, Motorized electric powered tricycle. A tricycle that leased or controlled by the person to be operated as a is equipped with an electric assist motor. vehicle for hire upon the streets or trails of the city without having first obtained a Certificate of Public Pedicab. A tricycle or a motorized electric Convenience and Necessity from the Fayetteville City powered tricycle,not wider than fifty-four(54) inches Council. at its widest point, which transports or is held out to the public as available to transport passengers for (B) Information required for Certificate. An hire,or for a gratuity,and is specifically designed and application for a certificate shall be filed with the manufactured for that purpose. Police Department upon forms provided by the city, and said application shall be verified under oath and Pedicab service. The business of offering or shall furnish the following information: providing transportation of persons for hire, or for a gratuity,in a pedicab,when: (1) The name and address of the applicant, including the name and address of all (1) A driver is furnished as part of the service; officers and stockholders of the company, if and incorporated, and the name, address and telephone number of the person to whom (2) The service is offered only in accordance with complaints should be directed; a pre-approved route or within a zone of 2 The financial status of the applicant, operation by right. ( ) PP including the financial status of the officers Pedicab driver's permit. A permit issued to an and stockholders of the company, if individual by the Chief of Police to operate a pedicab incorporated, including the amount for hire in the city, of all unpaid judgments against the applicant (officers and stockholders of Operate. To drive or be in actual physical control the company, if incorporated), and the of a pedicab. nature of the transaction or acts giving rise to said judgments; Permittee. An individual who has been issued a pedicab driver's permit under this article. (3) The experience of the applicant including all officers and stockholders of the company, Person. An individual, corporation, if incorporated, in the transportation of governmental subdivision or an agency, trust, passengers, especially as related to partnership, or two or more persons having a pedicabs; common economic interest. (4) Any facts which the applicant believes Preapproved route. Pedicab service operating on a tend to prove that public convenience and predetermined schedule with fixed pickup and necessity require the granting of a certificate, destination points located on a route approved by (5) The number of pedicabs to be available and on file with the traffic superintendent, for operation or controlled by the Tricycle. A device that is propelled by human applicant and the location of proposed power on which a person may ride and that has three storage areas for the pedicabs when not in active service. The applicant shall Pm �I 8-ii-iv Am Amend§117.80 t Definitions(Pedicabs) Page 6 of 28 furnish a minimum and maximum number of of this subchapter,then the city clerk shall issue a requested vehicles to be permitted; certificate stating the name and address of the applicant, the number of vehicles authorized (6) A complete description of each model or type under the certificate and the date of issuance; of pedicab sought to be used to include length, otherwise,the application shall be denied. width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety (2) The City Council shall deny any application features; in which the proposed hours of service, the proposed rate schedule or the gratuity request (7) The hours between which the applicant are found to be unreasonable to meet the public proposes to provide pedicab service to the need. general public,and the dates,if any,on which the applicant does not propose to provide pedicab (3) In making the above findings, the City service to the general public,and; Council shall take into consideration the number of taxicabs or pedicabs already in operation, (8) The rate schedule or gratuity notice which the whether existing transportation is adequate to applicant proposes to use to charge passengers or meet the public need, the probable effect of receive gratuities. increased service on local traffic conditions and traffic safety, and the character, experience, and (9) Any proposed predetermined route with responsibility of the applicant. scheduled and fixed pick-up and destination points and proposed fare for such pedicab §117.102 Permitted Zones of Operation and service; Approved Fixed Routes (10) Documentary evidence from an insurance company indicating a willingness to provide (A) Permitted Zones of Operation. Pedicabs may liability insurance as required by this chapter; only operate and carry passengers within the permitted zones of operation (Western Zone, Central (11) Such additional information as the applicant Zone, or both as shown on the attached map) as desires to include to aid in the determination of authorized by the City Council when granting a whether the requested operating authority Certificate of Convenience and Necessity or on routes should be granted;and, or for special events as authorized by the Transportation Services Director. Pedicabs (without (12) Such additional information as may be passengers) may be taken by licensed pedicab determined to be necessary to assist or promote operators from a storage, repair, maintenance or the implementation or enforcement of this article, cleaning area outside the permitted zones of or the protection of the public safety. operation into such zones or onto an approved route where operations may begin. The City Council by Resolution may extend a pedicab company's - (C) Public Hearing for Certificate. When the Police originally permitted zone of operation from a single Department notifies the City Clerk that a proper and zone to both zones or may restrict the pedicab adequate application has been filed, the City Clerk company's operation from both zones to a single shall fix a time and place for a public hearing thereon. zone. The City Council may further restrict the hours The City Clerk shall thereupon notify the applicant and dates of operation in permitted zones for any or who shall have the duty to notify all holders of all pedicab companies. current and valid Certificates of Public Convenience and Necessity for taxicabs and pedicabs and provide (B) Route Approval. proof of such service to the City Council. Any interested person shall have the right either in person (1) All routes outside of the permitted zone or by representatives of their own choosing, to be of operation shall be approved by the city's present at all such hearings and to introduce evidence Transportation Services Director. In no event and to be heard either in support of or opposition to shall a requested route permit operation of a the issuance of a certificate. pedicab on any street with a posted speed limit of thirty-five (35) miles per hour more, (D) Findings of the City Council. other than to cross said street. (1) If the City Council finds that pedicab or (2) Operators shall submit to the city's further pedicab service is required by the public Transportation Services Director all requests convenience and necessity and that the applicant for temporary changes in authorized routes, is fit, willing, and able to perform such public or for participation in special events such as transportation and to conform to the provisions festivals, parades or weddings, not less than C.4 Amend§117.80 Definitions(Pedicabs) Page 7 of 28 three (3) days before the effective date of the police. change or event. (e) Proof of existing employment or a (C) No pedicab shall be operated in a location where promise of employment when a pedicab such operation is not authorized by this ordinance or driver's permit is issued with the prohibited by the laws of the State of Arkansas or the pedicab company that has a valid Fayetteville City Code. Certificate of Public Convenience and Necessity. (D) No pedicab may operate on city transportation trails without the express prior approval of the route (C) Police Investigation. The police department and fare by the Transportation Services Director. shall conduct an investigation of each applicant Pedicabs may not operate on any recreational trails in for a pedicab driver's permit, and a report of city parks (such as Lake Fayetteville, Wilson Park, such investigation with a copy of the traffic and Gulley Park,etc.). police record of the applicant, if any, shall be attached to the application for the consideration (E) The operator of a pedicab shall maintain at least of the chief of police. one hand on the handlebars at all times during movement of the pedicab. (D) Issuance of Permit. The chief of police or designee shall, upon consideration of the (F) No pedicab shall be operated on a street with a application and the reports required to be posted speed limit of thirty-five(35)miles per hour or attached thereto, approve or reject the greater,except for the purpose of crossing that street. application. If the application is rejected, the applicant may request a personal appearance (G) No pedicab shall be operated using a gas before the city council to offer evidence why powered assist motor. his/her application should be reconsidered. §117.103 Pedicab Driver's Permit (E) Form and Term of Permit. (A) Pedicab Driver's Permit Required. No person (1) Upon approval of an application for a shall operate a pedicab for hire or for a gratuity pedicab driver's permit,the chief of police or designee shall issue a permit to the applicant upon the streets of the city, and no person who owns or controls a pedicab shall permit it to be so for t issuance feehe name, address, $, aggee,, which shall operated, unless the driver of said vehicle shall bear tsignature, and s have first obtained and shall have then in force a photograph of the applicant pedicab driver's permit issued under the (2) The pedicab driver's permit shall remain in provisions of this article. effect unless suspended or revoked until (B) Pedicab Driver's Permit Application. January 31, the following year. The pedicab driver's permit may be reissued for another year for a reissuance fee of $35.00 by the (1) An application for a pedicab driver's permit chief of police or designee after ensuring the shall be filed with the Fayetteville Police licant continues to meet all requirements Department on forms provided by the city. app Such application shall be verified under oath of this section, and shall contain the following information: (F) Application Returned to Pedicab Company. (a) Valid current Arkansas Driver's license. When a driver's permit is issued, the application and supporting information shall be returned to the holder of the Certificate of Public (b) The names and addresses of four (4) residents of the county, who have Convenience and Necessity to be held by the known the applicant for a period of one certificate holder so long as the driver is employed by the certificate holder. year and who will vouch for the sobriety, honesty, and general good §117.104 Display Of Permit character of the applicant; (c) A- concise history of the applicant's Every permittee under this article shall post his employment; or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a (d) Proof of training in the use and pedicab. operation of a pedicab pursuant to a curriculum approved by the chief of C.4 �} �1. 11QA — b — li—lt) Amend§117.80 Definitions(Pedicabs)t Page 8 of 28 §117.105 Suspension, Revocation of Permit (E) A Certificate of Public Convenience and Necessity will not be granted and renewed The Chief of Police or Assistant Chief is given unless the applicant or holder furnishes the city the authority to suspend any pedicab driver's permit with such proof of insurance as the city considers necessary to determine whether the applicant or issued under this article for a driver's failure or holder is adequately insured under this section. refusal to comply with the provisions of this article, such suspension to last for a period of not more than (F) If the insurance of the holder lapses or is canceled ten days. The Chief of Police or Assistant Chief is also and new insurance is not obtained,the Certificate given authority to revoke any driver's permit for failure to comply with the provisions of this article of of Public Convenience and Necessity shall besuspended until insurance coverage required by for the violation of any local, state or federal law, this section has been obtained. A person shall However,a permit may not be suspended or revoked not operate a pedicab service while the certificate unless the driver has received notice and has had an is suspended under this section. opportunity to present evidence in his behalf. (G) The holder shall provide adequate employer's §117.106 Insurance Requirements liability insurance for the employees as provided by law. (A) A holder shall procure and keep in full force and effect commercial general liability insurance §117.107 Conduct Of Drivers written by an insurance company approved by the State of Arkansas and acceptable to the city Drivers shall at all times: and issued in the standard form approved by the State Board of Insurance. All provisions of the (A Act in a reasonable, policy must be acceptable to the city. The ) prudent, and courteous manner; insured provisions of the policy must name the city as additional insured and the coverage (B) Maintain a sanitary and well-groomed provisions must provide coverage for any loss or appearance; damage that may arise to any person or property by reason of the operation of a pedicab service by (C) Not inhale or consume any alcoholic beverage, the holder. drug, or other substance that could adversely (B) The commercial general liability insurance must affect his or her ability to operate a pedicab; provide combined single limits of liability for (D) Not permit a person other than another employee bodily injury and property damage of not less of the pedicab service with a valid Pedicab than one million dollars ($1,000,000.00) for each Driver's Permit to operate a pedicab under his or occurrence, or the equivalent, and include her control; coverage for premises operations, independent contractors, products, completed operations, (E) Not permit any person to ride on a place not personal injury,contractual liability, and medical intended for passengers of the pedicab. payments. Coverage for medical payments must include a minimum limit $5,000.00 per person. §117.108 Pedicab Equipment;Inspection Aggregate limits of liability are prohibited. (C) Insurance required under this section must (A) Inspection and maintenance. Each pedicab shall include: comply with all the safety requirements imposed by all state, federal or local laws. Each pedicab (1) A cancellation provision in which the shall submit to an annual inspection for insurance company is required to notify the compliance with the requirements of this article. city in writing not fewer than 30 days before The inspection shall be performed by the canceling, failing to renew, or making a Transportation Department. The fee for material change to the insurance policy;and, inspection shall be $50.00 per pedicab inspected. No certificate shall be issued or continued in 2 A provision to cover all operation unless the holder thereof provides O p pedicabs, whether owned or not by the holder if operated proof of annual pedicab inspection for each under the holder's Certificate of Public pedicab in service. Convenience and Necessity. (D) No insurance required by this section may be obtained from an assigned risk pool. rAmend§117.80 Definitions(Pedicabs) Page 9 of 28 (B) Required equipment. §117.111 Suspension, Revocation, and (1) A holder or driver shall, at all times, Cancellation Of Certificate provide and maintain in good operating condition the following equipment for each (A) A certificate issued under the provisions of this pedicab: article may be revoked or suspended by the Fayetteville City Council if the holder thereof (a) Headlight; has: (1) Violated any of the provisions of this article; (b) Taillights; (2) Violated any ordinances of the city, or the (e) lights or reflectors on the front and laws, federal or state, the violations of which rear corners of the passenger reflect unfavorably on the fitness of the holder to compartment; offer public transportation. (d) Approved braking system; (B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be (e) Pneumatic tires that conform with taken and shall have an opportunity to be heard. the manufacturer's specifications on all wheels with adequate tread (C) If any holder of a Certificate goes out of business, depth; fails to operate under the Certificate for one calendar year, fails to have any vehicle inspected (f) Evidence of insurance and city to operate under the Certificate for one calendar year or fails to have any driver or operator map; properly permitted under the Certificate for one (g) Mirrors; calendar year, the holder's Certificate of Public Convenience and Necessity shall be deemed (h) No exposed rust,ripped upholstery abandoned and shall be denoted as cancelled and or fabric, visible chips or scratches on invalid by the City Clerk. any painted surface, exposed wood that is not painted and in good condition, or §117.112 Maximum Pedicab Fares dirt or debris on any surface accessible Established. to passengers. (A) The maximum pedicab fare that can be charged (i) Seat strap available for passenger for the transportation of each passenger is hereby use; established and will be conspicuously posted on each pedicab unless the pedicab will be operated (j) Rate card or gratuity notice card upon a gratuity only basis. For travel within a complying with their Certificate of single zone, the pedicab fare may not exceed Convenience and Necessity and this $8.00 per passenger. For travel that encompasses code posted in clear view of passengers; more than one zone, the pedicab fare may not exceed$12.00 per passenger. §117.109 Transfer Of Certificate (B) If a pedicab is operated on a gratuity only basis, No Certificate of Public Convenience and no minimum fare or gratuity may be charged. Necessity may be sold, assigned, mortgaged, or The pedicab shall conspicuously post the otherwise transferred without the consent of the City following sign clearly visible to the passengers: Council. "No fare or minimum gratuity may be charged by the pedicab driver for passengers. Passengers §117.110 License Fees may offer whatever gratuity they believe is appropriate for the pedicab ride." No certificate shall be issued unless the §117.113 Number of Passengers in applicant has paid a license fee of$100.00 to offset the administrative costs to issue a Certificate of Public Pedicabs Limited to Three Persons. Convenience and Necessity. Pedicab drivers must ensure that the rated carrying capacity of their pedicabs is never exceeded. No more than three persons may be passengers in a pedicab. Amend§117.80 a Definitions(Pedicabs) Page 10 of 28 §117.114 Pedicabs May Not Use Public Sidewalks. Pedicabs may not operate on or park on public sidewalks in Fayetteville. Pedicabs must pay a full normal parking space fee when stopped for more than one minute or parked within a paid parking space. §117.115 A.D.A. Compliance Holders shall comply with all applicable provisions of the Americans with Disabilities Act. C.4 N FOWLER AV Definitions(fedi bs) LPa 11 of 28 vi < 2 2 N GARVIN DR b ;uO I In y I� 'D r A i 6i m C, m ti '0 = m N <FWi T b '� rr- r mZ D 'D r S,q ;u CD A -Ni y .l- p 3 �b LF N in 0 N GRAY AVE O A w N 'OLIVERAVE y S RAZORBACK RD RAZORBACKRD N SUN�ET DR ' z C N RAZORBACK RD Zn 3'a• D • a'" D cD M O a o H OWf(ls N x y N HALLAVE O2 m z ��o s D f c(p nd z° X 2py� GARLAND AVE Av ti r �6 N MCILRpy i c, y� qVF N LINDELLAVE C111, N OAKLAND AVE m �P v n n m T ;u BUCHANAN AVE p D !v /� i.iin 0 S DUNCAN AVE '0 - I� m m N STORSRAVE W _ Z • N 'd r !p m Or N DUNCAN qVE y p 'O - 'Z 1 �N LEVERETTAVE y < ALLEY 729 :-I a ... c - o V S HILL AVE H D .ALLEY Q 633: D yr0 N ARKANSAS AVE m SUNIVERSITYAVE N UNIVERSITYAVE ♦ yA W N S� GRFGGAVF OOgN`J N �(,d OOSIb6 N z A p D �N N GREGGAVE A A S WESTAVE N WILSON AVE _ Nm N WESTAVE N 3 D --I S, SCHOOL AVE d A $ �N SCHOOL AV 0 n O :� `` \ J O g n a 7C 1 V (� S m O D Z D S LOCUSTAV:o m (D cr ?� z o O 'y 5 5 .o cmi `w y st-A -`- A a Z o y� y N in GPy N m 9 OA y m -yi n(� m m p --- � `O N BLOCK AVE y N PARK AVE 2 �S:EAST AVE 1 `• .� - -N FORESTAVE O~ co �� N EASTAVE W 2 N HIGHLAND AVE 0 �4 ALLEY 21 N HIGHLANDAVE m W m S COLLEG�AVE O m N COLLEGEAVE COLLEGE AVE - ; D :0 O rin o a y y N MILL AVE' �m -mc ;o - m a f z In gZ N :p m . m m m m :m ;=p ;Z 'A C rn vi 2 y Cm Z Z N O m .pI im H W 'm Z D X Cly in co m A L, 7 c j A p -4 � m z �.^\r c o o m a° A z o O 7 y V, -z z .. m N WALNUTAVE `m Z A V' �SRRD -4 ~ � -1 N In N.,OLIVE AVE SQA/RqV� y N FLETCHER AVE 71 D RUS N SUMMIT AVE �m ;-1 MISSION QLVON. N S OKLAHOMA Wqy m N FALLINgVE F M/S (rii v i C.4 Amend§117.80 AGENDA REQUEST Definitions(Pedicabs) Page 12 of 28 FOR: COUNCIL MEETING OF AUGUST 17, 2010 FROM: ALDERMAN MATTHEW PETTY LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §117.80 Definitions Of The Fayetteville Code, To Enact A New Article IX Pedicabs Of Chapter 117 Vehicle-Related Businesses Of The Fayetteville Code And To Declare An Emergency APPR VED FOR AGENDA: Matthew Petty, Date Alderm n lel U tom— //Oho o yor Date La __L0 - to� i Cify A ott me Date (as to form) C.4 FAYETTEVILLE end of e I ions(Pedicabs) Pa 3 of 28 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: City Council FROM: Kit Williams, City Attorney DATE: August 10, 2010 RE: Pedicab Ordinance Alderman Petty and Mayor Jordan have agreed to recommend to you a pedicab ordinance that addresses most of the "unresolved issues" mentioned in my earlier memo. Attached is that agreed to ordinance. The first minor change would be to §117.102(A) Permitted Zones of Operation. Mayor Jordan and Alderman Petty are recommending the two permitted zones of operation (Central and West) as shown on the map. The second change relates to operation of pedicabs on city trails. Mayor Jordan and Alderman Petty have agreed that all such usage be allowed only upon express approval of such routes by the Transportation Services Director. Thus, §117.102 (D) had to be rewritten to remove the operation on city trails as an unqualified right within the permitted zone of operation. Mayor Jordan and Alderman Petty agree that pedicabs should not operate on any recreational trails such as those around Lake Fayetteville, Wilson Park, and Gulley Park. These trails are narrower than our multiuse, transportation trails like Scull Creek, Mud Creek, etc. Allowing pedicabs to use the recreational trails in city parks would also violate our longstanding ordinances prohibiting commercial activity in our city parks. Finally, Mayor Jordan and Alderman Petty believe that advertising signs should not be allowed on pedicabs. Such signs would be unnecessary, aesthetically unpleasing, dangerous to the continued validity of our sign ordinance and unpleasant for users of our city trails. Accordingly, I deleted the former §117.116 Advertising in its entirety.