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HomeMy WebLinkAbout24-17 RESOLUTIONe FAvcrr r� r i ►r 9RkAN5ar :pS. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 24-17 File Number: 2016-0641 SUSAN SULLIVAN D/B/A FLYING Q: A RESOLUTION TO APPROVE A SPECIAL USE PERMIT ALLOWING SUSAN SULLIVAN D/B/A FLYING Q TO OPERATE A GUIDED HORSEBACK TRAIL RIDE BUSINESS ON THE LAKE SEQUOYAH EQUESTRIAN TRAILS FOR A FEE OF $5.00 PER HORSE ON EACH TRAIL RIDE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Special Use Permit allowing Susan Sullivan d/b/a Flying Q to operate a guided horseback trail ride business on the Lake Sequoyah equestrian trails for a fee of $5.00 per horse on each outing. PASSED and APPROVED on 1/3/2017 Page 1 Attest: Sondra E. Smith, City Clerk Tre*& e [Ay 1® TTEVIL Lr, Printed on 114117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0641 Agenda Date: 1/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 25 SUSAN SULLIVAN D/B/A FLYING Q: A RESOLUTION TO APPROVE A SPECIAL USE PERMIT ALLOWING SUSAN SULLIVAN D/B/A FLYING Q TO OPERATE A GUIDED HORSEBACK TRAIL RIDE BUSINESS ON THE LAKE SEQUOYAH EQUESTRIAN TRAILS FOR A FEE OF $5.00 PER HORSE ON EACH TRAIL RIDE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Special Use Permit allowing Susan Sullivan d/b/a Flying Q to operate a guided horseback trail ride business on the Lake Sequoyah equestrian trails for a fee of $5.00 per horse on each outing. City of Fayetteville, Arkansas Page 1 Printed on 11412017 Byron Humphry Submitted By t. City of Fayetteville Staff Review Form 2016-0641 Legistar File ID 1/3/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/14/2016 Parks & Recreation / Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Approval of a resolution to approve a Special Use Permit with Flying Q allowing them to offer guided horseback trail rides at Lake Sequoyah. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 7ayARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: December 14, 2016 STAB MEMO SUBJECT: A resolution approving a Special Use Permit for Flying Q to offer guided horseback trail rides at Lake Sequoyah. RECOMMENDATION: Parks and Recreation Staff recommends approval of a resolution to approve a Special Use Permit to allow Flying Q to offer guided horseback trail rides at Lake Sequoyah. BACKGROUND: On June 1, 2015, Parks Board approved a proposal from the Lake Sequoyah Riding Club to make improvements to trails at Lake Sequoyah to accommodate equestrian use according to City Code §97.069 Horseback Riding. The proposal to designate a portion of the trails on the west side of Lake Sequoyah was approved for a one-year trial period in order to evaluate potential trail conflicts and trail condition. See attached map. The Lake Sequoyah Riding Club agreed to rebuild three damaged areas of the existing trail and to conduct ongoing maintenance of the equestrian trails that involved repairs, limb trimming, and other necessary work to keep the trails in good condition for all users. Upon completion of the one-year trial period, it was determined that there were no issues or trail user conflicts with the equestrian designation, and in fact the trails were better maintained and usable due to the equestrian use than similar trails at the lake without the designated equestrian use. At that point it was voted upon by Parks and Recreation Advisory Board on June 6, 2016 to permanently designate the trails at Lake Sequoyah for equestrian use. Parks staff installed trailhead signage and maps indicating where the equestrian trails were located and blazes were installed along the trails to clearly identify where horses were allowed to ride. DISCUSSION: With the permanent equestrian designation of trails on the west side of Lake Sequoyah, the City was approached by Flying Q requesting to offer guided trail rides on the equestrian trails located on City property. Flying Q is located in close proximity to Lake Sequoyah and was involved with the Lake Sequoyah Riding Club's efforts to improve and maintain the trails for equestrian use. A special permit was drafted with the help of the City Attorney's office to establish a manner in which Flying Q could operate as a concessionaire and pay the City a portion of each fee collected for trail rides. It was agreed upon that a $5 per horse, flat fee would be the easiest approach and would be made payable to the City monthly. The permit would be valid for one Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 year and would be renewable for up to five years upon mutual consent. The City reserves the right to terminate the permit at any time if the conditions of the permit are not meet or if it is in the best interest of the public. This agreement will enhance the recreational opportunities for citizens at Lake Sequoyah Park at no cost to the City. BUDGET/STAFF IMPACT: There is no budget impact for the approval of this permit. Trail maintenance will continue to be a partnership with the Lake Sequoyah Riding Club of which Flying Q is a member. Flying Q estimates they could offer approximately 1,000 trail rides per year which would result in $5,000 per year in revenues to the City. Attachments: Flying Q Special Use Permit Map of Equestrian Trails at Lake Sequoyah I SPECIAL USE PERMIT HORSEBACK RIDING ON LAKE SEQUOYAH EQUESTRIAN TRAILS Applicant Name: J Business Name: Fl in Business Type;dividoporatio/LLC/k'artrership/i'+Tonprofit Applicant's Address: 315- S. 1,q Ke, Sc, u-6t"e I'lle Telephone Number: V 79 6 7 Y / Email: -U,S Q /t 1 Y_ 7 ,, g f,Or 1 Website: (4/,j4j(d, Iy+'Ae !?4; r M.S : C,-yAn l 1. Areas of Operation. Applicant shall have access to the following areas of operation: The Equestrian Trails at Lake Seauoyah (identified on the map attached as Exhibit - A.) 2. Description _ of Proposed Activity. Flying Q will be 3. Term. This permit shall commence on the date approved by the City of Fayetteville ("City") and shall extend for a period of up to one year, ending on December, 31 2017. Upon mutual agreement by both parties, the permit may be extended annually up to five additional years. 4. Rent/Report. Flying Q agrees to pay City a flat fee of $5 per horse for trail rides that occur on the Lake Sequoyah equestrian trails, or any portion of those trails, no later than ten (10) working days following the close of each month. In addition to the rental payment, Flying Q shall file a monthly actual use report on the form supplied by the City. The rental payment and monthly report shall be delivered to the Parks and Recreation Offices at 1455 Happy Hollow Rd., Fayetteville, AR 72701. Any payments to City not made when due shall bear interest after maturity at the maximum effective agreement rate which may be lawfully charged. Flying Q shall be responsible for paying/remitting to the State any and all sales tax payments applicable/due relating to the gross sales of trail rides at Lake Sequoyah. 5. Records. The City shall have the right at all times to examine Flying Q's books and records and verify the amount of payment due to the City. Any errors or omissions shall be adjusted. 6. Use. The areas of operation shall be used only for the purpose of horseback riding. Flying Q shall not use or allow the areas of operation to be used by its customers, employees or agents for any unlawful, improper or offensive purpose whatsoever. Trail rides should only be conducted during daylight hours and should be avoided when trail conditions are wet and muddy. Additionally, Flying Q shall at no time stray from the areas of operation and shall not allow its horses on any City property not clearly designated as an equestrian 'trail, trailhead or loading/unloading area. 7. Non -Exclusive Use. The use authorized by this permit is not exclusive. The City reserves the right of access to the areas of operation, including a continuing right of physical entry to the area for inspection, monitoring or any other purpose. The City reserves the right to allow others to use the areas of operation in any way and the lands covered by this agreement shall remain open to the public for all lawful purposes. 8. Maintenance. The City, in partnership with the Lake Sequoyah Riding Club, shall maintain the equestrian trails on Lake Sequoyah and will, in its sole discretion, make any such repairs as are necessary for the preservation of the said trails. Flying Q shall promptly notify the Parks and Recreation Department of any needed repairs or maintenance to the trails. Flying Q is expected to work with the Lake Sequoyah Riding Club to maintain the trails according to City I standards and to be proactive about identifying trouble spots in the trail and arranging repairs/correction to these areas as soon as possible. 9. Insurance. Flying Q shall provide proof of liability insurance with a minimum coverage of. - $300,000 f $300,000 for one person involved in death or injury $500,000 for two or more persons involved in death or injury 10. Rights and Duties of Flying Q. Flying Q agrees to: A. Conduct said business as not to interfere with other uses or activities on the property. B. _ Conduct said business so as to protect the equestrian trails or other City property from damage beyond that normally associated with the regular use of the equestrian trails as set forth in this agreement. C. Provide a description of client charges and fees and what they cover and provide City with a current rate sheet D. Comply with all local, state and federal laws, rules, regulations, orders, guidelines, and/or directions, including, but not limited to, payment of sales taxes for goods sold and services rendered in connection with Flying Q's activities on City property. E. Indemnify and hold City harmless from any claim, demand or judgment resulting from Flying Q's use of the equestrian trails which results in the damages, trespass or injury to a third party's person or property. Said indemnity and hold harmless agreement extends to all unknown and anticipated injuries and damages directly and indirectly resulting from the use of the trails by Flying Q. F. Flying Q shall report to the City any observations of illegal or criminal activity, any instances of serious injuries and any observations of destruction of City property. 11. Legal Effect of Permit. This permit, which is revocable and terminable,. is not a contract or a lease, but rather a license to access City property and conduct limited business as authorized by this agreement. Thepermit does not convey any interest in real property nor does it confer any rights on any third party as beneficiary. 12. Revocation or Suspension of Permit. The City may revoke or suspend this permit in whole or in part for noncompliance with state or local laws and regulations; noncompliance with the terms of this permit; failure of the holder to exercise the privileges granted by this permit; with the consent of the holder; or at the discretion of the City, for specific and compelling reasons in the public interest. Any complaints or similar matters shall be brought to the immediate attention of the permittee, with a one-week time frame to correct any violation. 13. Miscellaneous. A. Venue and jurisdiction for this permit shall be in Washington County, Arkansas. B. Flying Q shall not assign any rights under this permit. C. This permit may be amended only upon mutual written agreement signed by all parties. Applicant: I have read and understand the terms and conditions and agree to abide by them. Authorization is granted: By 4-'l 'f' - Sondra E. Smith, City Clerk ea®en�'ce®v GRAY 011 Eo® EAYETTEVILLEle Ax _ r Jill KAIL5 OF LAK 5 C UOYAH VEHICLE ANO TRAILER PARKING k 5 r CITY OF TRW, me i ARKANSAS Parks and Recreation www.fayetteville-ar.gov TRAIL ETIQUETTE (Natural surface Trails) • Trail users are responsible for being alert by watching and listening for others. • Give audible warning prior to passing other trail users. • Faster trail users should take are to avoid throwing dust or mud onto other users and should always yield to the slower moving trail user. Move off the trail or stop to allow horses and hikers \„ adequate room to share the trail. dor, Hikers and cyclists must always yield to horses. Cyclists must always yield to horses and hikers. yield to other users while entering and crossing trails. K�h Cyclists must control speed at all times and approach I fit" 1 turns in anticipation of someone around the bend. Be \ able to stop safely within the distance you can see down the trail. Stay on designated trails. Horses and cyclists do not ride on wet or muddy trails. �\� � �• \� Avoid wheel lockup. a trod is steep enough to require locking wheels and skidding, dismount and walk your bike Leave no trace. Keep trails litter -free by carrying gut a what you carry in. Keep pets on leashes a maximum of four feet long. W f i Remove pet waste from trail and dispose In designated syy �:F trash receptacles. • It is the respons i biIity of each horse rider to remove manure deposited at parking lot and onpaved surfaces. notdisturb wildlife Re Respect the trails by adhering to these rules. VEHICLE PARKING \ \ R &VT Voice: 479.444.3471 Fax: 479.521.7714 LEGEND Shoreline Trail 1/^ Island Trail Spillway Trail Kmgfisher Trail Rookery Trail Paved Roads --,o— Spur Road Park Boundary Fayetteville City Limits �•® Tmlhead Trail Open to Hiking QTrail Open to Horses QTrail Open to Bicycles CONTOUR INTERVAL = 10' LAKE ELEVATION = 1,169 MSL SHORELINETRAIL O m p 1.3 miles, natural surface, mostly level The Shoreline Trail is the predominant trail on the west side of Lake Sequoyah. It follows the shoreline offering great views of the lake and provides ready access for bank fishing. Located about mid -point on the western shoreline is the old river bridge which now serves as a popular fishing pier. Please obtain permit at marina office before fishing ISLAND TRAIL a m p 112 mile, natural surface, short grades at river banks The Island Trail is a short segment of trail that lies between the two spillway channels, immediately below the dam and spillway at the northwestern end of the lake. Access to the trail is from the Shoreline Trail and requires fording of the westernmost spillway below the dam. This area is not accessible during high water. Extreme caution is advised when fording this stream. SPILLWAYTRAIL a m p 112 mile, natural surface, short grades at river banks The Spillway Trail is similar to the Island trail and Iles below the dam at the base of the hillside that forms the eastern shoreline. Access to this trail is from the island trail and requires fording both spillways below the dam This area is not accessible during high water. Extreme caution is advised when fording this stream. KINGFISHERTRAIL m0 1.9 miles, natural surface, short grades along hillside The Kingfisher Trall follows the hillside above the eastern lake shoreline. It lies well above the lake offering scenic views of the lake and river valley. It does have several areas of moderate grades as it traverses along the hillside. The trail is"out and back". It offers a short loop at he western endto connect back to the main trail for the return to the trailhead. Total distance in and out is about 3.8 miles. Parking for the trail Is at the trallhead on the east side of the road from the marina, Immediately on the east end of the bridge. Cross the road to the boat ramp parking area, turn and follow the drive past the marina store. The trail begins at the north end of this driveway. ROOKERYTRAk m P 2 miles, natural surface, some grades at eastern end The Rookery Trail follows the shoreline of the upper lake and continues along the East Fork of the White Riven The trail passes through a variety of landscapes including along the edge of open fields and through dense woodland along the river. Highlights along the trail are a very long pioneer stone wall and a Great Blue Heron Rookery at the east end. The trail Is "out and back"so total distance covered will be about 4 miles If the entire trall Is visited.