HomeMy WebLinkAboutOrdinance 5385 ORDINANCE NO. 5385
AN ORDINANCE TO AMEND §71.170 RESTRICTION OF TYPE OF
VEHICLES ALLOWED ON CITY TRAILS OF THE FAYETTEVILLE
CODE TO ALLOW SOME PEDICAB USE AND USE OF GAS POWERED
VEHICLES ON LIMITED SEGMENTS OF TRAILS WHEN NECESSARY
WHEREAS, pedicabs are about the size of golf carts, but have been allowed on city
trails with certain restrictions by §117.102(D) of the Fayetteville Code and should therefore be
referenced in this section; and
WHEREAS, in order to secure the necessary right-of-way from the University of
Arkansas and the Washington County Fair Board, a portion of the trail from the Porter Road
underpass to connect with Scull Creek Trail must be placed upon an existing gravel road with
County Fair traffic allowed to use the trail during the County Fair; and
WHEREAS, a Clear Creek Trail connection from Highway 71 B to the Lake Fayetteville
Trail would be much less expensive and much more feasible and practical if it utilized an
existing driveway to a cabin with the cabin owner and invitees retaining the right to also utilize
the trail up to the cabin.
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 repeals
§71.170(A) of the Fayetteville Code in its entirety and enacts a replacement §71.170(A) as
follows:
"71.170 Restriction Of Type Of Vehicles Allowed On City Trails
A. No golf carts or comparable sized vehicles nor any gas powered
vehicles (except city maintenance or emergency vehicles) shall be
driven or operated on Scull Creek Trail, Mud Creek Trail, Lake
Fayetteville Trail or any other city trail, except as follows.
(1) Pedicabs may be operated on city trails pursuant to the
authorization and restrictions of §117.102(D) of the
Fayetteville Code.
(2) A segment of the proposed trail from the Porter Road
underpass through University of Arkansas property and
Washington County Fair property along an existing gravel road
(as shown on the attached map) shall allow the use of gas
powered vehicles during the annual Washington County Fair or
other special event if authorized by the Washington County
Fair Board or as authorized by the University of Arkansas.
(3) A portion of the Clear Creek Trail from Highway 71 to an
existing cabin shall allow gas powered vehicles for access to
the cabin, but only with the permission of the owner of the
cabin."
PASSED and APPROVED this 3`d day of February, 2011.
APPROVED: ATTEST:
c
By: By: &t&tg
L ELD J6 , Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
c .FAYETTEVILLE:
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/1/2011
City Council Meeting Date
Agenda Items Only
Matt Mihalevich Engineering Development Services
Submitted By Division Department
Action Required:
An amendment to ordinance no. 5182 - Operation of Vehicles and use of City Trails in chapter 71.17 Traffic Rules
of the Fayetteville City Code to allow vehicle use on a new trail that is designed and designated as a shared-use
facility.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category/Project Name
N/A N/A N/A
Account Number Funds Used to Date Program/Project Category Name
N/A N/A N/A
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
--'�µf1�6,0* t Previous Ordinance or Resolution# #5182
Department n t hirector� Date
Original Contract Date:
�,�-- �/j,.��C 24)1 Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in Cityo 1- 1 4-11 1 AG 8 :30 R C V D
Clerk's Office 1
L / JSf-ll
Chie of St Date Ei Ill, !i
Received in
Mayor's Office t
Ma or Dat
Comments:
Revised January 15,2009
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Alb v 3 A-G/'//
Ta , eIS Departmental Correspondence dL
LEGAL
DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
City Council Assistant City Attorney
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Matt Mihalevich, Trails Coordinator
t
FROM: Kit Williams, City Attorney
DATE: January 25, 2011 -
RE: Obtaining easement rights on County Fair Ground property
Matt has been working with the Washington County Fair Board to secure
easement rights for a trail over their property. The Board indicated some concern
with my first suggested language (which was supplied to you in the Tentative
Agenda). Therefore, I have redrafted the proposed revision of Section 71.170 by
changing A. (2). It now refers directly to the attached map and includes the
additional wording: "or other special event" so that the Washington County Fair
Board could authorize access for cars and trucks on this extra wide trail (built on
its existing gravel road) for any other events.
My purpose in drafting the initial language and now suggesting this change
is to accommodate the Washington County Fair Board's needs for its existing
usage of this gravel road while trying to restrict cars and trucks from our trail as
much as possible. Hopefully, Matt will have heard from the Board about my new
language by the Agenda Meeting. If the Board has agreed or if he has not yet
heard its response, I will read the ordinance attached to this memo on the first
reading at the City Council meeting without any need for you to amend what was
sent to you with the Tentative Agenda Packet. Depending on the Board's
response, we may need further amendments to secure the access rights for our trail
on their property.
ORDINANCE NO.
AN ORDINANCE TO AMEND §71.170 RESTRICTION OF TYPE OF
VEHICLES ALLOWED ON CITY TRAILS OF THE FAYETTEVILLE
CODE TO ALLOW SOME PEDICAB USE AND USE OF GAS POWERED
VEHICLES ON LIMITED SEGMENTS OF TRAILS WHEN NECESSARY
WHEREAS, pedicabs are about the size of golf carts, but have been allowed on city
trails with certain restrictions by §117.102(D) of the Fayetteville Code and should therefore be
referenced in this section; and
WHEREAS, in order to secure the necessary right-of-way from the University of
Arkansas and the Washington County Fair Board, a portion of the trail from the Porter Road
underpass to connect with Scull Creek Trail must be placed upon an existing gravel road with
County Fair traffic allowed to use the trail during the County Fair; and
WHEREAS, a Clear Creek Trail connection from Highway 71 B to the Lake Fayetteville
Trail would be much less expensive and much more feasible and practical if it utilized an
existing driveway to a cabin with the cabin owner and invitees retaining the right to also utilize
the trail up to the cabin.
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 repeals
§71.170(A) of the Fayetteville Code in its entirety and enacts a replacement §71.170(A) as
follows:
"71.170 Restriction Of Type Of Vehicles Allowed On City Trails
A. No golf carts or comparable sized vehicles nor any gas powered
vehicles (except city maintenance or emergency vehicles) shall be driven
or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville
'Frail or any other city trail, except as follows.
(1) Pedicabs may be operated on city trails pursuant to the
authorization and restrictions of§1 17.102(D) of the
Fayetteville Code.
(2) A segment of the proposed trail from the Porter Road
underpass through University of Arkansas property and
Washington County Pair property along an existing gravel
road (as shown on the attached map) shall allow the use of gas
powered vehicles during the annual Washington County Pair
or other special event if authorized by the Washington County
Fair Board or as authorized by the University of Arkansas.
(3) A portion of the Clear Creek Trail from Highway 71 to an
existing cabin shall allow gas powered vehicles for access to
the cabin, but only with the permission of the owner of the
cabin."
PASSED and APPROVED this 2`1 day of February, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXISTING FENCE 0 150 300 Faye0eville,AR 72701
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FayZ KVIk THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer Ub
From: Matt Mihalevich, Trails Coordinator UNM
Date: January 13R', 2010
Subject: Vehicle use on City Trails—Proposed Amendment
PROPOSAL:
In October of 2008, ordinance number 5182 was enacted to restrict the type of vehicles allowed on City trails
and create rules of the road for Fayetteville trails. This ordinance states that the only gas powered vehicles
allowed on City trails are city maintenance and emergency vehicles.
As the City continues to complete the remaining 100 miles of the Fayetteville Alternative Transportation and
Trails Master Plan, challenging locations arise with steep topography, tight corridor and existing access
easements. In some of these challenging locations a separated trail is not feasible and a shared-use facility can
be the best solution to provide the necessary connection. In these specific and limited cases, staff requests the
flexibility to design a shared-use bike facility with vehicle use. This shared-use facility will only be used on
new trail construction where the facility can be properly designed to safely accommodate pedestrian, bicycle
and vehicle use and not utilized on an existing trail. In order to design trails in this way, a revision to ordinance
5182 is necessary to allow vehicle access where the above conditions occur. Specific examples are detailed
below.
City staff has been working on a highly requested west trail connection across the University of Arkansas
Agricultural Research and Extension Center Property. This 2.3 mile trail will extend from Scull Creek Trail
west under I-540 to connect to the newly installed bike lanes along Mt. Comfort Road. A section of this trail is
planned to be located on an existing gravel road that is used by the Washington County Fair Association for
overflow parking only during the annual Washington County Fair (see attached exhibit). Utilizing this existing
road will significantly reduce the cost for trail construction•Iadditionally, the existing road is the only location
the University of Arkansas will agree to have the trail constructed. The trail will be constructed 16 feet wide
where it is shared with vehicles to safely accommodate both trail users and vehicles.
Staff is currently designing Clear Creek Trail from Scull Creek Trail to Lake Fayetteville as part of the new
Razorback Regional Greenway and there is a tight area between a steep bluff and Locomotion where an existing
gravel road is the only option for the trail connection (see attached exhibit). This existing gravel road has an
THE CITY OF FAYETTEVILLE,ARKANSAS
access easement over it to provide access a parcel of land with a small cabin. Due to the very limited vehicle
traffic, staff does not foresee a conflict; however the current ordinance prohibits this necessary connection.
RECOMMENDATION:
An amendment to ordinance no. 5182 - Operation of Vehicles and use of City Trails in chapter 71.17 Traffic
Rules of the Fayetteville City Code to allow vehicle use on a new trail that is designed and designated as a
shared-use facility.
BUDGET IMPACT:
None.
ORDINANCE NO.
AN ORDNALW
O AMEND §71.170 REST TION OF TYPE OF
VEHICLWED ON CITY TRAILS F THE FAYETTEVILLE
CODE TSOME PEDICAB USE A USE OF GAS POWERED
VEHICLTED SEGMENTS OF T ILS WHEN NECESSARY
WHEREAS, pedicabs�are about the siz of golf carts, but have been allowed on city
trails with certain restrictions by §117.102(D) f the Fayetteville Code and should therefore be
referenced in this section; and
WHEREAS, in order to recur, the necessary right-of--way from the University of
Arkansas and the Washington Count Fair Board, a portion of the trail from the Porter Road
underpass to connect with Scull Cr k Trail must be placed upon an existing gravel road with
County Fair traffic allowed to use e trail during the County Fair; and
WHEREAS, a Clear eek Trail connection from Highway 71 B to the Lake Fayetteville
Trail would be much less xpensive and much more feasible and practical if it utilized an
existing driveway to a ca n with the cabin owner and invitees retaining the right to also utilize
the trail up to the cabin.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAY E TEVILLE, ARKANSAS:
Sectio 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§71.170(A) of the Fayetteville Code in its entirety and enacts a replacement §71.170(A) as
follows:
"71.170 Restriction Of Type Of Vehicles Allowed On City Trails
A. No golf carts or comparable sized vehicles nor any gas powered
vehicles (except city maintenance or emergency vehicles) shall be driven
or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville
Trail or any other city trail, except as follows.
(1) Pedicabs may be operated on city trails pursuant to the
authorization and restrictions of§1 17.102(D) of the
Fayetteville Code.
(2) A segment of the proposed trail from the Porter Road
underpass through University of Arkansas property and
Washington County Fair property along an exi •ng gravel
road shall allow the use of gas powered vehi s during the
annual Washington County Fair if authoriz d by the
Washington County Fair Board or as aut rized by the
\(3A
ity of Arkansas.
on of the Clear Creek Trail om Highway 71 to an
cabin shall allow gas po eredvehicles for access to
n, but only with the per ssion of the owner of the
PASSED and APPRO� D this 2"d day of February, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
vehicle, moving under a state emergency
(B) Hours of movement permit, to proceed through the city on a
Saturday,Sunday or holiday,during the hours
(1) Movement of such oversized vehicles shall be permitted by this section, provided that at the
in daylight only,in periods of visibility between time of such movement the vehicle can be
the hours of 5:30 a.m.and 6:30 a.m.,8:30 and moved safely and under the supervision of the
11:30 a.m. and the hours of 1:00 p.m. and police department.
3:00 p.m.and no movement shall be made on
Saturdays, Sundays or holidays, or on other (D) Compliance with other laws. All movements by
days when heavy traffic is anticipated over the such permit shall comply with all state and city laws
routes desired or when weather conditions regulating movement of vehicles upon the streets
make such movement impractical. and highways of the city and state, and nothing in
this section shall be construed as amending or
(2) The term"holiday"as used herein means the affecting§71.165 or§71.166.
following holidays: Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day, (E) Signs. The chief of police shall cause appropriate
Christmas Day, New Year's Day, special, signs to be erected and maintained on highways
general or primary election days. entering the city, designating requirements of this
section.
(C) Application and permit.
(Code 1965, §19-99; Ord. No. 1496, 4-18-66; Code 1991,
(1) A written application for permit shall be fled §71.167)
with the chief of police not later than 24 hours
prior to an intended movement,specifying the cross reference(s)--Penany,§71.999.
vehicle and load to be operated or moved,the State law references)--Transportation of houses,A.C.A.
..w-- route(streets and/or highways)to be followed, §27-35-309;Maximum and minimum speed limits-Exceptions,
the date and time the movement is desired, A.C.A.§27-51-204;Special permit to move-Fee,A.C.A.527-
and, in consideration for granting of such 35-304; Issuance of permits,A.C.A. §27-35-305; Permits for
permit, the applicant shall assume (and so special cargoes, A.C.A. §27-35-210; Times and places for
state in the application) absolute liability and moving oversized mobile homes,A.C.A.§27.35-306,
agree to pay for any and all damages to
streets, highways or facilities, persons or 71.168-71.169 Reserved
private property resulting from such
movement. ARTICLE XI
(2) If in the judgment of the chief of police,or his OPERATION OF VEHICLES
duly authorized representative,the movement AND USE OF CITY TRAILS
desired can be accomplished with safety and
without undue impediment to the flow of traffic 71.170 Restriction Of Type Of Vehicles
and can be adequately supervised by the
police department on the date,time and route Allowed On City Trails
requested,a permit shall be issued authorizing
said movement. The police chief, or his (A) No golf carts or comparably sized vehicles Don
authorized representative,shall have authority gas powered vehicles(except city mainten
to deny the permit, if in his/her opinion these emergency vehicles)shall be driven or operrequirements cannot be met, or to prescribe Scull Creek Trail, Mud Creek Trail,
additional conditions for its issuance, such as Fayetteville Trail or any other city trail.
a different route, time or date, or manner of
movement or other conditions, to insure safe (B) Skates, skateboards, and electrically powered
movement of the vehicle in question and to scooters, bicycles, segways, etc. may be used on
insure adequate supervision of the movement city trails only when their use does not create a
by the police department. safety hazard for pedestrians, wheelchairs or
human powered bicycles.
(3) The police chief, or his/her duly authorized
representative, shall have authority to waive 71.171 Rules Of The Road For
the requirements of this section as to days of - Fayetteville Trails
movement, so as to allow an oversized
CD71:17
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