As I am sure you will recall from your meeting on October 1, 2019, the applicant for this action is interested in co-locating their operation involving the rental and sales of scooters and one- wheel electric skateboards in the Get Outside retail business. Also as I am sure you will recall, since this type of retail operation is not contemplated in the Land Development Code the City Council may approve a use which is not spoken to in the code upon finding that the proposed use would contribute to the revitalization of the downtown district and that the use would not be incompatible with the districts character and additionally that the proposed use is compatible with other uses that are allowable by right in the district.
With that being said, at first reading there appeared to be a consensus by Council that the use would be allowable subject to several conditions. The conditions stated are as follows: operation of the apparatus shall not occur a half hour after sunset, riders under the age of 18 must be accompanied by an adult at all times and test drives and or training shall be precluded from occurring on Main Street. As such, the version of the ordinance being advanced to you for a second reading reflects those conditions.
In addition, since the applicant plans to use the Verizon parking lot for testing/training on the operation of the scooters and one-wheel electric skateboards the version of the ordinance being advanced to you also sets forth a requirement that the applicant enter into a Use Agreement with the City relating to the intended use of public property and also in that respect to provide insurance coverage in an amount as specified by the City Attorney with the City named as additionally insured.
Lastly, in consideration of this matter if you determine that it is appropriate to grant a conditional use permit I think that it is important to limit the number of scooters being operated in the downtown area. In that regard, the applicant presented at the first reading of this matter that the number of scooters would be limited to ten and the staff recommends that the said limitation be set forth as part of the approval of this item.
Incidentally, at the first reading the applicant was advised to submit a copy of the safety suggestions which will be distributed to customers as well as the waiver for rental and damage liability and evidence of liability insurance. A copy of the safety suggestions and the rental and damage liability waiver is attached for your review. In lieu of providing evidence of a policy of liability insurance the applicant submitted an indication quote that appears to be for liability insurance and it is also attached.