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Home My WebLink About81-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 81-21 File Number: 2021-0078 PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE FOR THE OPERATION OF UP TO TEN (10) PEDAL CARRIAGES IN THE CITY OF FAYETTEVILLE 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 grants a Certificate of Public Convenience and Necessity to The Eclectic Bee, LLC d/b/a Pedal Pub Fayetteville for the operation of up to ten (10) pedal carriages in the City of Fayetteville, in accordance with § 117.121 of the Fayetteville Code of Ordinances. PASSED and APPROVED on 3/2/2021 Attest: R K ``��.•••CITy•�Fy% Kara Paxton, City Clerk Treasured '.;�i,L�p�gNSAS�y ,•,�G�ONi Page 1 Printed on 312121 City of Fayetteville, Arkansas 113 West Mountain Street .. Fayetteville, AR 72701 (479) 575-8323 1 Text File File Number: 2021-0078 Agenda Date: 3/2/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C.1 PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE FOR THE OPERATION OF UP TO TEN (10) PEDAL CARRIAGES IN THE CITY OF FAYETTEVILLE 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 grants a Certificate of Public Convenience and Necessity to The Eclectic Bee, LLC d/b/a Pedal Pub Fayetteville for the operation of up to ten (10) pedal carriages in the City of Fayetteville, in accordance with § 117.121 of the Fayetteville Code of Ordinances. City of Fayetteville, Arkansas Page 1 Printed on 31212021 City of Fayetteville Staff Review Form 2021-0078 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 2/2/2021 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests hearing for Certificate of Public Convenience and Necessity regarding pedal carriage application filed by Pedal Pub Fayetteville. This request is pursuant to City Ordinance 117,121 regarding "Public Hearing for Certificate Not Applicable Account Number Not Applicable Project Number Budgeted Item? No Budget Impact: Not Applicable Fund Not Applicable Project Title Current Budget $ Funds Obligated $ Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: I WA CRY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council 4viu- FROM: Mike Reynolds, Chief of Police DATE: February 1, 2021 SUBJECT: Request for Public Hearing on a Certificate of Public Convenience and Necessity for Pedal Pub Fayetteville RECOMMENDATION: The council should schedule a public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Pedal Pub Fayetteville. BACKGROUND: City Ordinance 117 Article X governs pedal carriages and requires a public hearing to determine if there exists the need for pedal carriage service. Amber Sinclair is the owner of Pedal Pub Fayetteville. Amber has received training through the Pedal Pub Global team and holds certifications as a "pilot" through the Pedal Pub Global Driver's Program. DISCUSSION: Attached is the application for Pedal Pub Fayetteville. The application contains all information needed as listed in City Ordinance 117.121. The City of Fayetteville does not have any current pedal carriage companies. BUDGET/STAFF IMPACT: None. Attachments: - Certificate of Public Convenience and Necessity Application from Pedal Pub Fayetteville. - Statement of Financial Status. - Documentary Evidence from an Insurance Company Indicating a Willingness to Provide Liability Insurance. - Fleet Information. - Map and Information Regarding Storage for the Pedal Pubs. Mailing Address: 113 W. Mountain Street www,fayetteville-ar.gov Fayetteville, AR 72701 Certificate of Public Convenience & Necessity Page 1 of 4 Updated 8/3/2020 Certificate of Public Convenience and Necessity Application/Renewal for Pedal Carriages As required to comply with Chapter 117 of the Fayetteville Code of Ordinances Amber Sinclair 111E Fox Run PI. Lowell AR 72745 479-531-9511 Applicant Name Address Phone Number Pedal Pub Fayetteville Name of Business Phone Number Fayetteville AR 72701 Business Location 111 B Fox Run PI. Lowell AR 72745 Mailing Address Disregarded LLC Type of Business (Sole Proprietor, Corporation, LLC) Name and address of all owners, officers and stockholders. - Amber Sinclair (100% Ownwership) Name, address, and telephone number of persons to whom complaints should be directed: Amber Sinclair 479-531-9511 Certificate of Public Convenience & Necessity Page 2 of 4 Updated 8/3/2020 The Financial status of applicant, including the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against the applicant (officers and stockholders of the company, if incorporated), and the nature of the transaction or acts giving rise to said judgments. (Attach financial statement or profit and loss statement). Provide documentary evidence from an insurance or insurance company willing to provide liability insurance as required by Chapter 117 (Attach evidence of insurance). Describe the experience of the applicant including all owners, officers and stockholders of the company, if not incorporated in the transportation of passengers, especially as related to pedal carriages: I Amber Sinclair, have been to the Pedal Pub headnnarters to train Personally with their staff and plans to go through more training before the open date of the business in Fayetteville I have received 'pilot' certifications through the Pedal Pub Global Driver's Program two years in a row since. There will be a time gap once the business concept is approved before a grand opening allowing for hiring and training time. Give any fads you believe tend to prove that Public Convenience and Necessity require the necessity of granting of a certificate: I believe the Public Convenience and Necessity should be granted to Pedal Pub Fayetteville specifically for several reasons. The Pedal Pub Global team provides a network of 50+ cities around North America. This means I will have an overabundance of re cmjrcPiloJIelo aid me through this process along with a secure insurance policy specifically for Fayetteville. I have also helped aid Devin Howland and Blake Pennington through the process of shaping the 6300 Ordinance that prompted the creation of the Pedal Pub Carriages into Chapter 117. List the number of pedal carriages that will be under your operation or control. Minimum and Maximum number of vehicles to be permitted: 2 100 Minimum Maximum List the location of proposed storage areas for the pedal carriages when they are not in active service: 609 W Dickson St. Fayetteville, AR 72701 AKA The Deck on Dickson Certificate of Public Convenience & Necessity Page 3 of 4 Updated 8/3/2020 Describe each model or type of pedal carriage to include length, width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety features: Please see attachment labeled 'Pedal Pub Bike Specs' List your days and hours of operations to provide pedal carriage: Thursday - Sunday 10:OOam - 10:00pm and then eventually Tuesday - Sunday 10:OOam - 10:00pm. Each tour will last approximately two hours. List any days or dates you do not propose to provide pedal carriage service to the general public: No unproposed dates at this time. List your proposed passenger rate schedule that you propose to charge passengers or receive gratuities: $40 per person up to 15 people, or $480 per private tour of up to 15 people with the ability to tip List your proposed preapproved route with schedule and fixed pick-up and destination points and proposed fare for such pedal carriage service: The Pedal Pub Carriages will stay within the already pre -approved area between the times of 10am-10pm. At this time, the starting point for both bikes will be at Nomads Southtown. One route will end back in the same location and the other at Fossil Cove. This is subject to change nnce the hikes, are brought to the rify and we map nut tha hest rnut hn-gi3 i nn fimP limits List any additional Information you desire to include to aid in the determination of whether the requested operating authority should be granted: I am more than willing to work with the Police Department and the City of Fayetteville council _mvmhers to ensure the safest and best routes for the Pedal Pub Fayetteville carriages Penal Pub is a new concept to the area, and I am sure there will be changes made as we work together to find what works best for the city. I know this will be a great addition to the area once there aren't as many covid restrictions and cases to get people back out on the town and help other local businesses ramp back up their traffic. Signature of Applicant State of Arkansas County of Washington Certificate of Public Convenience & Necessity Page 4of4 Updated 8/3/2020 (29( 1 Date `t%J111ii1'r/ COUNT I . �.. On this the 29th day of .lanuary , 20 21 , before me, -,personally appeared Amr6low Know to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and affirms that the statements in this document are true and complete. In witness whereof I hereunto set my hand and official seal. W&H'ao.-(to Notary Public My Commission expires:/ &_ ;642� r �� /✓ .2111.20.21 Police Department partme t Represe tatwe Date CSU Producer Resources, Inc. A subsidiary of Cincinnati Financial Corporation P.O. Box 145496, Cincinnati, OH 45250-5496 513-870-2000 Date: 09/10/2018 To: Zinc i 3505 E Royalton Rd Ste 110 Broadview Heights OH 44147-2998 34-530 From: Bethany Kelley RE: Pedal Pub Leasing, LLC Quote number: 327964311 QUOTATION We are pleased to present a quote for this risk. This quote is based on the information you submitted, however the terms and conditions may differ from what was requested. Please review carefully. Coverage to be provided by The Cincinnati Specialty Underwriters Insurance Company, an approved non -admitted company. Proposed Policy Period: From:o9/01/2018 To: 09/01/2019 Quote Expiration: 10/01/2018 Description of Operations: Pedal Bar Coverage: General Liability - OCCURRENCE Retroactive Date: NONE Llmlts oflns, ce II Each Occurrence _ __ $ 1,000, 000 m Daage to_Premises Rented to You $ 1000000! 5,000,000 5,000,000 Deductible Per Claim Per Occurrence Bodily Injury Not Applicable Not Applicable Property Damage Not Applicable $ 1, 000 Not Applicable Not Applicable Combined BI and PD Payment Options. CSU offers both Agency Bill and Direct Bill payment methods. Listed below are the Payment methods available to the insured. CSIA 401 10 16 Page 1 of 4 T 7 f •,.A� ' '' tee* r-`` .��;`' w+ .�,y' - :'..•*::•� .., , •• r .. . ,� ..fir k .+r "�,, � �� , ••��, iy � ' � r.w :1 • I 'a Pedal Carriage Certificate of Public Convenience and Necessity Typed Statement of Financial Statements and Judgments Against December 31" 2020 Dear Sergeant Stacy Dicus, My name is Amber Sinclair and as you know by now, I am applying for the Pedal Carriage Certificate of Public Convenience and Necessity. As a part of the application process, I have been asked to provide financial statements and any other information to show that I am in good standing financially without any judgements against me. I am attaching two documents to this file. One is a snapshot of my savings account with First Security Bank. I have approximately $25,000 in that account and still plan to save another $1o,000 before fully launching Pedal Pub Fayetteville, should I be approved. I am also attaching a snap shot of the current cash backed loan I have with Arvest. This loan was created over a year ago before Covid-19 hit in anticipation of submitting this application right after the city's approval of the 6300 Ordinance — Pedal Pub Carriages Chapter n7. As you can see, I still have an available credit of almost $56,000 left in order to help assist with the launch and first year of business. The current balance that has been used went to securing the Franchise Territory and deposit costs with Pedal Pub Global. I currently have almost no credit card debt and am up to date on the student loans I currently have. I attest that I do not have any judgements against me and this covers my financial landscape. If you have any other questions or concerns, please don't hesitate to ask! Thank you so much for your time and consideration for this application. I look forward to working with you in the future! Respectfully Amber Sinclair 479-531-9511 Eclectic Bee TLC Pedal Pub Fayetteville FIRST SECURITY BANK P.O. BOX 1009 314 NORTH SPRING SEARCY, AR 72143 •******************EXCLUDE -Email 15967 0.4320 XX 0.000 54 1 2263 AMBER �RAE S�_ 12/31/20 *** SAVINGS **• P awkwINGS REG E SNAPSHOT ACCOUNT NUMBER PREVIOU8 STATEMENT BALANCE AS OF 12/31/19 ....................... 13,001.34 PLUS 2 DEPOSITS AND OTHER CREDITS 11,998.65 LESS 1 NITHDRANALS AND OTHER DEBITS ................... 500.00 CURRENT STATElIENT BALANCE AS OF 12/31/20 ........................ 24,500.00 NUMBER OF DAYS IN THIS STATEMENT PERIOD 366 ----------------------------------------------------------------------------------- Pedal Pub Fayetteville CommersAW1A9rkulture Account Name Pedal Pub Fayetteville Account Number — Status OPEN last Updated 12/30/2020 11:46 PM Product Commert4VA9riculture — VIEW LESS Loan Number Interest Rate 3.75% ftv~t Due OIJ02/2021 Payment P PaymeDue Date Origination Date 10/09/2019 last Payment IV02/2020 Date Original Amount $96,408.10 This Year's — Interest Maturity Dote 07/02/2021 last Year's Into as Credit Una $55,976.00 last Payment — Available Amount Payoff Amount $40,532.70 Account Type loan Exclude Account Hide Account $40,482.10 balance Rename. Pedal Pub Fayetteville $40,482.10 CornmerciallAgritultnne Balance Account Name Pedal Pub Fayetteville Amount Number Status OPEN Last Updated 12/30/2020 11:46 PM Product Commercial/Agriculture — VIEW LESS Loan Number Interest Rate 3.75% Minimum Payment Due 0110212021 Payment Due Date Origination Date 10/09/2019 Last Payment 12/02/2020 Date Original Amount S96,408.10 This Year's Interest Maturity Date 07/02/2021 Last Year's Interest Credit Line 555,926.00 Last Payment Available Amount Payoff Amount S40,532.70 Account Type Loan Exclude Account Hide Account Rename I TY BANK 09 PRING 72143 ****************EXCLUDE -Email 67 0.4320 EX 0.000 54 1 2263 ER RAE SINCLAIR RE G E S *** PERSONAL SAVINGS MBER TATEMENT BALANCE AS OF 12/31/19 ....................... 2 DEPOSITS AND OTHER CREDITS ..................... 1 WITHDRAWALS AND OTHER DEBITS ................... ATEMENT BALANCE AS OF 12/31/20 . .................... DAYS IN THIS STATEMENT PERIOD 366 .__________________________________________________________ PEDAL iay jC■` h�� PUB ))� VEHICLE VEHICLE TYPE PARTY BIKE SERIAL NUMBER TBD PROPULSIIN PEDAI; ELECTRIC ASSIST PASSENGER 11 PERSONS CAPACITY (INCLUDING DRIVER) MINIMUM 4 WITH PEDAL ASSIST PASSENIERS 8 WITHOUT PEDAL ASSIST IIMENSIONS 11'8" x71" x 810 (Lxwrl) i CHASSIS STICK 2 441 Ihs WEIINT V ITH EIECTRIC ASSISTANCE 6 OPTIONS FRAME STEEL AND AIUMINUM TIRES 195170 SUSPENSION FRONT fi REAR SOLID AXEI BI AKES 4 WHEEL HYDRAULIC FOOT BRAKE, AND SECONDARY MECHANICAL HANDBRAKE FEATURES STANBARD EDIIPMENT IP110NA1: TS ah EXTREME BATTERY E-ASSIST NOCOON-BOARD CHARGER VINYL SEAT COVERS PANORAMIC REAR VIEW MIRROR CUSHIONED CAPTIANS CHAIR 16 CUPHOIDER INSERTS ROOFTOP ADVERTISING SPARE PARTS 6 MAINTENCE KIT AUDIO UPGRADE PACKAGE STARTER TOIL KIT I MORE! MARINE BRAD[ RADIO HEADLIGHTS TAILIGBTS BRAKE LIGHTS BLINKERS BAR LIGHTS CHROME BAR TAP RACK 6 PINION STEERING 360 DEGREE SIGNAL( Pedal Pub Locations CA xY Sc Social Cycle - Santa Barbara The Thirsty Pedaler - Pedal Parlor - Columbia Social Cycle - San Diego Louisville Social Cycle - Palm Springs SD MI Sip N Cycle - Sioux Falls CO Pedal Trolley - Pedal Hopper - Denver Frankenmuth TN MyHandleBar - Boulder Sunrise Pedal Trolley Nashville Pedal Tavern MyHandleBar - Fort Collins High Five Pedal Tours - Ann Sprock N Roll - Memphis Arbor Pedal Pub - Chattanooga FL Joy Ride Pedal Tours - PedalPub - St.Pete Lansing TX Pedal Pub Fort Meyers Great Lakes Pub Cruiser - Pedal Party - Houston Pedal Pub Cape Coral Grand Rapids Pub Crawler - Austin Florida Fun Bikes - The Handlebar - Detroit Cowtown Cycle Party - Fort Gainesville Worth Pedal Pub Naples MN Pedal Pub Miami Pedal Pub - Twin Cities WA Pedal Pub - Jacksonville (Headquarters) Spokane Party Trolley - Spokane GA MO Cycle Saloon - Seattle Pedal Pub - Atlanta Pedal Hopper - Kansas City Pedal Pub Savannah Pedal Pub Columbia WI Barcyle St. Louis Pedal Tavern - Milwaukee HI Paradise Pedals - Honolulu NC CANADA Pedal Pub Charlotte IA AB Big Yellow Bike - Des OH Pedal Pub Calgary Moines Pedal Wagon - Dayton Pedal Wagon - Columbus BC IL Pedal Wagon - Cincinnati Pedal Pub Okanagan Pedal Pub - Quad Cities The Handlebar Pedal Wagon - Covington ON IN Pedal Pub Niagara on the Pedal Pub Bloomington PA Lake The Handlebar - Indy Pittsburgh Parry Pedaler - Pedal Pub -London Pittsburgh SWAT r: r"?KAINS: %IS John Thurston To All to Whom These Presents Shall Come, Greetings: I, John Thurston, Arkansas Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Application for Fictitious Name PEDAL PUB FAYETTEVILLE THE ECLECTIC BEE LLC filed in this office February 02, 2021 In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 2nd day of February 2021. Online Certificate Authorization Code: 3939326019812410253 To verify the Authorization Code, visit sos.arkansas.gov