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HomeMy WebLinkAboutOrdinance 6986 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6986 File Number: 2026-493 AN ORDINANCE TO AMEND §§ 33.290, 33.291 AND 33.302 OF THE FAYETTEVILLE CITY CODE TO TRANSFER PAVING PROGRAM APPROVAL AUTHORITY FROM THE CITY COUNCIL TO THE CITY COUNCIL TRANSPORTATION COMMITTEE AND TO CLARIFY THE COMMITTEE’S ROLE IN THE REVIEW OF TRANSPORTATION DIVISION WORKPLANS WHEREAS, the current version of the City Code requiring approval of the paving workplan by the full City Council was enacted nearly two decades ago and the development of the paving plan during that era was more discretionary; and WHEREAS, since 2019, the City’s paving plan has been developed using the Pavement Condition Index (PCI), a nationally recognized system that rates street conditions on a scale from 0 to 100; and WHEREAS, city streets are regularly evaluated to identify pavement distress such as cracking, potholes, and surface wear and these observations are converted into PCI scores, providing an objective and consistent way to compare street conditions citywide; and WHEREAS, PCI scores are then used to determine the most appropriate treatment for each street and are prioritized using PCI data along with other considerations such as traffic volumes, safety, street classification, coordination with utility work, and available funding; and WHEREAS, with this system in place, staff and the Transportation Committee recommend that the ordinance be amended to invest the authority to approve paving projects in the City Council Transportation Committee. 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 § 33.290 Composition of the City Council Transportation Committee and enacts a replacement as follows: “There is hereby established and continued a City Council Transportation Committee which shall be composed of four (4) City Council members, one (1) from each ward who shall be appointed annually by the Mayor. The members shall elect a chair at its first annual meeting.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.291 Purpose, Duties and Powers of the City Council Transportation Committee by: a) Repealing subsection (A)(4); b) Renumbering the current subsection (B)(3) to (C) and changing “alderman” to “City Council member”; c) Enacting a new subsection (B)(3) as follows: “Paving overlay, sidewalk, trail, and related work plans for work to be Ordinance: 6986 File Number: 2026-493 Page 2 completed by the Transportation Division.”; and d) Renumbering the current subsection (C) to subsection (D). Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.302 City Overlay Program and enacts a replacement § 33.302 as shown in Exhibit A attached hereto. PASSED and APPROVED on March 17, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $226.48 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-493 MEETING OF MARCH 17, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Chris Brown, Public Works Director SUBJECT: An ordinance to revise City Code of Ordinance sections 33.290, 33.291 and 33.302 RECOMMENDATION: Staff requests approval of an ordinance to revise City Code of Ordinance 33.290, 33.291 and 33.302 to transfer the approval authority of paving programs from the City Council to the Transportation Committee and to clarify the Committee’s role in review of Transportation Division workplans. The Transportation Committee reviewed this on February 25th and recommended approval by a 3-0 vote. BACKGROUND: The current version of the code requiring approval of the paving workplan was approved approximately 20 years ago. The development of the paving plan during that era was subjective. Since 2019, the City’s paving plan been developed using the Pavement Condition Index (PCI), a nationally recognized system that rates street conditions on a scale from 0 to 100. (Higher scores indicate better pavement condition.) City streets are regularly evaluated to identify pavement distress such as cracking, potholes, and surface wear. These observations are converted into PCI scores, providing an objective and consistent way to compare street conditions citywide. PCI scores are then used to determine the most appropriate treatment for each street—ranging from preventive maintenance on higher-condition streets to full reconstruction on streets in poor condition. Projects are prioritized using PCI data along with other considerations such as traffic volumes, safety, street classification, coordination with utility work, and available funding. Using this data-driven approach allows the City to: • Stretch limited paving dollars further • Reduce long-term maintenance costs • Prevent streets from deteriorating into costly reconstruction • Maintain a more consistent level of street quality across the community The result is a paving plan that is transparent, defensible, and focused on preserving the City’s infrastructure investment. DISCUSSION: With this system in place, staff recommends that the ordinance be changed to remove the unnecessary step of City Council approval, and instead invest that authority in the Transportation Committee. Staff will develop plans yearly and update the committee periodically to report progress and changes to the plan that may be Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov necessary. These changes include damage due to utility breaks, street cut repairs due to developments, etc. BUDGET/STAFF IMPACT: No Impact. The City Council will continue to approve yearly budgets for paving and other Transportation operations. ATTACHMENTS: 3. Exhibit A - 33.302, 4. Current ordinance , 5. Proposed Changes to Ordinance Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-493 AN ORDINANCE TO AMEND §§ 33.290, 33.291 AND 33.302 OF THE FAYETTEVILLE CITY CODE TO TRANSFER PAVING PROGRAM APPROVAL AUTHORITY FROM THE CITY COUNCIL TO THE CITY COUNCIL TRANSPORTATION COMMITTEE AND TO CLARIFY THE COMMITTEE’S ROLE IN THE REVIEW OF TRANSPORTATION DIVISION WORKPLANS WHEREAS, the current version of the City Code requiring approval of the paving workplan by the full City Council was enacted nearly two decades ago and the development of the paving plan during that era was more discretionary; and WHEREAS, since 2019, the City’s paving plan has been developed using the Pavement Condition Index (PCI), a nationally recognized system that rates street conditions on a scale from 0 to 100; and WHEREAS, city streets are regularly evaluated to identify pavement distress such as cracking, potholes, and surface wear and these observations are converted into PCI scores, providing an objective and consistent way to compare street conditions citywide; and WHEREAS, PCI scores are then used to determine the most appropriate treatment for each street and are prioritized using PCI data along with other considerations such as traffic volumes, safety, street classification, coordination with utility work, and available funding; and WHEREAS, with this system in place, staff and the Transportation Committee recommend that the ordinance be amended to invest the authority to approve paving projects in the City Council Transportation Committee. 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 § 33.290 Composition of the City Council Transportation Committee and enacts a replacement as follows: “There is hereby established and continued a City Council Transportation Committee which shall be composed of four (4) City Council members, one (1) from each ward who shall be appointed annually by the Mayor. The members shall elect a chair at its first annual meeting.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.291 Purpose, Duties and Powers of the City Council Transportation Committee by: Ordinance: 6986 File Number: 2026-493 Page 2 a) Repealing subsection (A)(4); b) Renumbering the current subsection (B)(3) to (C) and changing “alderman” to “City Council member”; c) Enacting a new subsection (B)(3) as follows: “Paving overlay, sidewalk, trail, and related work plans for work to be completed by the Transportation Division.”; and d) Renumbering the current subsection (C) to subsection (D). Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.302 City Overlay Program and enacts a replacement § 33.302 as shown in Exhibit A attached hereto. EXHIBIT A 33.302 City Overlay, Sidewalk, and Trails Programs (A) In the early 1990s, the city began its in-house overlay program with a stated goal to pave every city street for which public right-of-way existed. Later, the overlay program also began milling and overlaying various important, but deteriorating city streets. In the early 2000s, the Mayor and City Council enlarged the overlay program to maintain and overlay city streets on a regular and rotating basis so that city streets would not deteriorate to such an extent that a full reconstruction would be necessary, and in 2019 a data-based system to select projects based on Pavement Condition Index was implemented. (B) The mobility plan completed in 2018 established a data based numerical scoring system to prioritize projects in the sidewalk construction and maintenance program and the trail construction program (C) The procedure to determine priorities for work shall be as follows: (1) The Transportation Division shall develop plans for paving, curb and gutter, sidewalk and trails, and other street and trail related work from the City’s pavement management system, sidewalk and trail prioritization metrics, and service requests. (2) The plan will be updated on at least a yearly basis and presented to the Transportation Committee for review. (3) If the administration wishes to amend the overlay, curb and gutter program during the construction year to add an additional project, it shall report this change to the Transportation Committee. ARTICLE XVI CITY COUNCIL TRANSPORTATION COMMITTEE Fayetteville, Arkansas, Code of Ordinances Created: 2025-12-04 14:21:49 [EST] (Supp. No. 39) Page 1 of 2 ARTICLE XVI CITY COUNCIL TRANSPORTATION COMMITTEE 33.290 Composition There is hereby established and continued a City Council Transportation Committee which shall be composed of four (4) City Council members , one (1) from each ward who shall be appointed annually by the Mayor, The members shall elect a chair at its first annual meeting. (Ord. No. 5540, 10-16-12; Ord. No. 5586, 05-21-13) 33.291 Purpose, Duties and Powers (A) The Transportation Committee shall make recommendations to the City Council on transportation projects and issues that may arise, including, but not limited to: (1) Changes, additions, or deletions to the Master Street Plan. (2) Bids, contracts, contract amendments, change orders, cost share proposals, and other contractual items that require City Council approval. (3) Requests for authority to begin eminent domain actions, and offers of settlement for eminent domain cases related to transportation projects, except when timing of settlement offers are such that Transportation Committee review is not feasible. (4) (5) Funding priorities for proposed major transportation improvement projects and programs. (6) Street and alley closures and/or right of way vacations. (7) Funding requests made by transit providers during the yearly budget process. (8) Changes, additions, or deletions to the bikeway map and trail/street intersections. (B) The Transportation Committee shall serve as an advisory board to the City Administration, and as a public forum for transportation projects and issues that may arise, including, but not limited to: (1) Proposed street, sidewalk, bikeway, and transit related improvement plans for major projects to be partially or fully funded by the city. Said review will be at the preliminary stage, and will include typical cross sections and preliminary horizontal and vertical alignments. Said projects will be at the discretion of the City Administration, but generally will include major widening or new location projects, or projects where major changes to existing street cross sections are planned. (2) Traffic Calming Policies of the city, including review of requests for traffic calming by citizens. (3) Paving, overlay, sidewalk, trail, and related work plans for work to be completed by the Transportation Division. (C) Any City Council member may appeal any recommendation of the Transportation Committee to the full City Council. (D) The Transportation Committee may adopt rules to govern the conduct of its business. Said rules shall be consistent with the provisions of the Arkansas Freedom of Information Act. (Ord. No. 5540, 10-16-12; Ord. No. 5586, 05-21-13) Created: 2025-12-04 14:21:49 [EST] (Supp. No. 39) Page 2 of 2 33.292—33.300 Reserved (Code 1965, §§17B-11.2(a), (b), (d); Ord. No. 2109, 6-3-75; Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Ord. No. 3587, §1, 1-7-92; Ord. No. 4099, 6-16-98; Ord. No. 4652, 12-07-04; Ord. No. 5041, 7- 17-07; Ord. No. 5586, 5-21-13) ARTICLE XVII TRANSPORTATION DIVISION 33.301 Establishment The Transportation Division (formerly known as the Street Department) has long been established in Fayetteville to maintain and improve city streets, curbs, gutters and sidewalks and to perform related services for our citizens. The Transportation Division works under the supervision of the Mayor and the budgetary authorization of the City Council. 33.302 City Overlay, Sidewalk, and Trails Programs (A) In the early 1990s, the city began its in-house overlay program with a stated goal to pave every city street for which public right-of-way existed. Later, the overlay program also began milling and overlaying various important, but deteriorating city streets. In the early 2000s, the Mayor and City Council enlarged the overlay program to maintain and overlay city streets on a regular and rotating basis so that city streets would not deteriorate to such an extent that a full reconstruction would be necess ary, and in 2019 a data-based system to select projects based on Pavement Condition Index was implemented.(B) The mobility plan completed in 2018 established a data based numerical scoring system to prioritize projects in the sidewalk construction and maintenance program and the trail construction p rogram (C) The procedure to determine priorities for work shall be as follows: (1) The Transportation Division shall develop plans for paving, curb and gutter, sidewalk and trails, and other street and trail related work from the City’s pavement management system, sidewalk and trail prioritization metrics, and service requests. (2) .The plan will be updated on at least a yearly basis and presented to the Transportation Committee for review. (3) If the administration wishes to amend the overlay, curb and gutter program during the construction year to add an additional project, it shall report this change to the Transportation Committee. 33.303—33.310 Reserved (Ord. No. 3875, 2-21-95; Ord. No. 4304, 3-20-00; Ord. No. 4438, 11-19-02; Ord. No. 5047, 8-07-07; Ord. No. 5173, 9-2-08) ARTICLE XVI CITY COUNCIL TRANSPORTATION COMMITTEE Fayetteville, Arkansas, Code of Ordinances Created: 2025-12-04 14:21:49 [EST] (Supp. No. 39) Page 1 of 3 ARTICLE XVI CITY COUNCIL TRANSPORTATION COMMITTEE 33.290 Composition There is hereby established and continued a City Council Transportation Committee which shall be composed of four (4) City Council members aldermen, one (1) from each ward who shall be appointed annually by the Mayor, subject to City Council approval. The members shall elect a chair at its first annual meeting. (Ord. No. 5540, 10-16-12; Ord. No. 5586, 05-21-13) 33.291 Purpose, Duties and Powers (A) The Transportation Committee shall make recommendations to the City Council on transportation projects and issues that may arise, including, but not limited to: (1) Changes, additions, or deletions to the Master Street Plan. (2) Bids, contracts, contract amendments, change orders, cost share proposals, and other contractual items that require City Council approval. (3) Requests for authority to begin eminent domain actions, and offers of settlement for eminent domain cases related to transportation projects, except when timing of settlement offers are such that Transportation Committee review is not feasible. (4) Yearly Transportation Division paving, overlay, sidewalk, and trail/bikeway construction programs. (5) Funding priorities for proposed major transportation improvement projects and programs. (6) Street and alley closures and/or right of way vacations. (7) Funding requests made by transit providers during the yearly budget process. (8) Changes, additions, or deletions to the bikeway map and trail/street intersections. (B) The Transportation Committee shall serve as an advisory board to the City Administration, and as a public forum for transportation projects and issues that may arise, including, but not limited to: (1) Proposed street, sidewalk, bikeway, and transit related improvement plans for major projects to be partially or fully funded by the city. Said review will be at the preliminary stage, and will include typical cross sections and preliminary horizontal and vertical alignments. Said projects will be at the discretion of the City Administration, but generally will include major widening or new location projects, or projects where major changes to existing street cross sections are planned. (2) Traffic Calming Policies of the city, including review of requests for traffic calming by citizens. (3) Paving, overlay, sidewalk, trail, and related work plans for work to be completed by the Transportation Division. (3C) Any City Council member Alderman may appeal any recommendation of the Transportation Committee to the full City Council. (CD) The Transportation Committee may adopt rules to govern the conduct of its business. Said rules shall be consistent with the provisions of the Arkansas Freedom of Information Act. (Ord. No. 5540, 10-16-12; Ord. No. 5586, 05-21-13) Created: 2025-12-04 14:21:49 [EST] (Supp. No. 39) Page 2 of 3 33.292—33.300 Reserved (Code 1965, §§17B-11.2(a), (b), (d); Ord. No. 2109, 6-3-75; Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Ord. No. 3587, §1, 1-7-92; Ord. No. 4099, 6-16-98; Ord. No. 4652, 12-07-04; Ord. No. 5041, 7- 17-07; Ord. No. 5586, 5-21-13) ARTICLE XVII TRANSPORTATION DIVISION 33.301 Establishment The Transportation Division (formerly known as the Street Department) has long been established in Fayetteville to maintain and improve city streets, curbs, gutters and sidewalks and to perform related services for our citizens. The Transportation Division works under the supervision of the Mayor and the budgetary authorization of the City Council. 33.302 City Overlay, Sidewalk, and Trails Programs (A) In the early 1990s, the city began its in-house overlay program with a stated goal to pave every city street for which public right-of-way existed. Later, the overlay program also began milling and overlaying various important, but deteriorating city streets. In the early 2000s, the Mayor and City Council enlarged the overlay program to maintain and overlay city streets on a regular and rotating basis so that city streets would not deteriorate to such an extent that a full reconstruction would be necess ary, and in 2019 a data-based system to select projects based on Pavement Condition Index was implemented. (B) In the early 2000s, the Mayor and City Council enlarged the overlay program to maintain and overlay city streets on a regular and rotating basis so that city streets would not deteriorate to such an extent that a full reconstruction would be necessary. The mobility plan completed in 2018 established a data based numerical scoring system to prioritize projects in the sidewalk construction and maintenance program and the trail construction program (C) The procedure to determine which city streets will be funded to be overlaid and/or have curb and gutterpriorities for work shall be as follows: (1) The Transportation Division shall report to the City Council Street Committee during its first meeting of the year the results of the previous year's overlay program and propose a recommended list of sections of streets to be overlaid (and any planned curb or gutter work) during the new year.develop plans for paving, curb and gutter, sidewalk and trails, and other street and trail related work from the City’s pavement management system, sidewalk and trail prioritization metrics, and service requests. (2) The Street Committee can propose additions or deletions to this list and will recommend it to the City Council.The plan will be updated on at least a yearly basis and presented to the Transportation Committee for review. (3) The City Council after consideration and any amendments shall approve by resolution the approved overlay, curb and gutter program. (4) If the administration wishes to amend the overlay, curb and gutter program during the construction year to add an additional project, it shall request the Street Committee to approve such additional project and the City Council to amend the resolution with possible necessary budget adjustment to allow any such addition to the programreport this change to the Transportation Committee. Created: 2025-12-04 14:21:49 [EST] (Supp. No. 39) Page 3 of 3 33.303—33.310 Reserved (Ord. No. 3875, 2-21-95; Ord. No. 4304, 3-20-00; Ord. No. 4438, 11-19-02; Ord. No. 5047, 8-07-07; Ord. No. 5173, 9-2-08)