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HomeMy WebLinkAboutOrdinance 5540 ORDINANCE NO. 5540 AN ORDINANCE AMENDING ARTICLE XVI: CITY COUNCIL STREET COMMITTEE OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE TO AMEND THE PURPOSES, POWERS AND DUTIES OF THE CITY COUNCIL STREET COMMITTEE 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 amends Article XVI of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, so that after amendment, it shall read as presented in the attached Exhibit "A", which is incorporated herein as if set out word for word. PASSED and APPROVED this 16th day of October, 2012. APPROVED: ATTEST: y: By: L NEL O AN, Mayor SONDRA E. SMITH, City Clerk/Tre er TRc- ♦ �'• •.'9S iii �,�• • fin: :FAYETTEVILLE*. GTO -6111111 STREET COMMITTEE ARTICLE XVI CITY COUNCIL 33.290 Composition recommendation of the Street Committee to There is hereby established and continued a City the full City Council. Council Street Committee which shall be composed of four aldermen, one from each ward who shall be (C) The Street Committee may adopt rules to govern appointed annually by the Mayor, subject to City the conduct of its business. Said rules shall be Council approval. The members shall elect a Chair at consistent with the provisions of the Arkansas its first annual meeting. Freedom of Information Act. 33.291 Purpose, Duties and Powers 33.292-33.300 Reserved (A) The Street Committee shall make recommendations to the City Council on (Code 1965, §§178-11.2(a), (b), (d); Ord. No. 2109, 6-3-75; transportation projects and issues that may arise, Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No. including, but not limited to: 3340, 3-15-88; Ord. No. 3587, §1, 1-7-92; Ord. No.4099, 6- 16-98;Ord.No.4652, 12-07-04;Ord.5041,7-17-07) 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 Street Committee review is not feasible. 4) Yearly Transportation Division paving and overlay construction programs. 5) Funding priorities for proposed major transportation improvement projects and programs. 6) Street and alley closures and/or right of way vacations. (B) The Street 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 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. EXHIBIT 2) Traffic Calming Policies of the City, including review of requests for traffic calming by citizens. 3) Any alderman may appeal any City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/16/2012 City Council Meeting Date /� Agenda Items Only Com/ Chris Brown Engineering Development Services Submitted By Division Department Action Required: Approval of Revisions to Chapter 33.291 of the Fayetteville Code of Ordinances to amend the Purpose, Powers, and Duties of the Street Committee. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached z �0 -1; '%11 Previous Ordinance or Resolution# Departme ire or Date Original Contract Date: �2-- Original Contract Number: Ci rney Date 0. . 4._ Finance and Internal Services Director Date Received in City �NTE��fP Clerk's OfficeZf YL, /o- o- - Chie of S ff Date EN FRED ` Received in Mayor's Office Mayor ate Comments: Revised January 15,2009 T a e PVl e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO Council Meeting of October 16,2012 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate,Development Services Director From: Chris Brown, P.E., City Engineer Date: September 27, 2012 Subject: Revisions to Street Committee Powers and Duties Chapter 33.291 PROPOSAL: The Fayetteville Code of Ordinances, Chapter 33.291, establishes the powers and duties of the City Council Street Committee. The current Ordinance language often creates confusion during Street Committee Meetings, since the Ordinance does not fully address the various issues that are typically presented to the Committee, and does not provide guidance regarding Street Committee authority for decision making. The proposed Ordinance language attached provides a summary of common issues that are periodically presented to the Street Committee, and clarifies whether Committee recommendations are to be made to the City Council, or to the Administration. The proposed powers and duties generally do not change the way that the Committee has been operating, rather, they provide written guidance to the Committee and staff regarding operation of the committee. RECOMMENDATION: Staff recommends City Council approval of revisions to Chapter 33 of the Code of Ordinances, to amend the the Purpose, Duties, and Powers of the Street Committee. The Street Committee recommended approval of these revisions at the September 11, 2012 Committee Meeting. BUDGET IMPACT- None. ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE XVI: CITY COUNCIL STREET COMMITTEE OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE TO AMEND THE PURPOSES, POWERS AND DUTIES OF THE CITY COUNCIL STREET COMMITTEE 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 amends Article XVI of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, so that after amendment, it shall read as presented in the attached Exhibit "A", which is incorporated herein as if set out word for word. PASSED and APPROVED this 16th day of October, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer STREET COMMITTEE ARTICLE XVI CITY COUNCIL 33.290 Composition (C) The Street Committee may adopt rules to govern There is hereby established and continued a City the conduct of its business. Said rules shall be Council Street Committee which shall be composed of consistent with the provisions of the Arkansas four aldermen, one from each ward who shall be Freedom of Information Act. appointed bi-annually by the Mayor, subject to City Council approval. The members shall elect a Chair at its first bi-annual meeting. 33.292-33.300 Reserved 33.291 Purpose, Duties and Powers (Code 1965, §§1713-11.2(a), (b), (d); Ord. No. 2109,6-3-75; Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No. (A) The Street Committee shall make 3340, 3-15-88; Ord. No. 3587, §1, 1-7-92; Ord. No.4099,6- recommendations to the City Council on 16-98;Ord. No.4652, 12-07-04;Ord.5041,7-17-07) 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 Street Committee review is not feasible. 4) Yearly Transportation Division paving and overlay construction programs. 5) Funding priorities for proposed major transportation improvement projects and programs. 6) Street and alley closures and/or right of way vacations. (B) The Street 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 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 byEXH�B� citizens. STREET COMMITTEE POWERS AND DUTIES- CURRENT ORDINANCE FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION (3) Vacancies in an unexpired term shall be four aldermen, one from each ward who shall be filled by the City Council for the remainder of appointed annually by the Mayor, subject to City the term at the next Council nominating Council approval. The members shall elect a Chair at process after the vacancy shall have its first annual meeting." occurred. (4) Members of the former Tree and Landscape 33.291 Purpose, Duties and Powers Advisory Committee serving at the time of (A) The Street Committee shall examine, consider, the adoption of this Article shall continue to and recommend any changes, additions, or serve their respective terms as members of deletions to the Master Street Plan to the City the Urban Forestry Advisory Board.Terms of Council." membership on the board shall be for a period of two(2) years with staggered terms (B) All street plans for new or enlarged collector or carried over from the former Tree and arterial streets will be provided to the Street Landscape Advisory Committee. Committee during the initial or conceptual planning stage for its input and (5) The Mayor may designate city staff to assist recommendations. Final plans for such streets the board in the conduct of its business. shall be considered and recommended for (Ord.5426,8-2-11;Ord.5446, 10-4-11) approval or rejection to.the City Council. 33.284 Officers 33.292-33.300 Reserved At the first regularly scheduled meeting after the (Code 1965, §§1713-11.2(a), (b), (d); Ord. No. 2109, 6-3-75; effective date of this Article,the board shall elect from Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No. among its members a chairperson and vice- 3340,3-15-88;Ord. No.3587,§1, 1-7-92; Ord. No.4099, 6- chairperson,who shall each serve a term of one(1) 16-98;Ord.No.4652,12-07-04;Ord.5041,7-17-07) year. Further,the board may elect such additional officers as it deems necessary for the proper ARTICLE XVII performance of its duties. TRANSPORTATION DIVISION (Ord.5426,8-2-11) 33.301 Establishment 33.285 Meetings The Urban Forestry Advisory Board shall meet at The Transportation Division (formerly known least once each month and may call special meetings as the Street Department) has long been if necessary to carry out its duties.The Urban established in Fayetteville to maintain and Forestry Advisory Board sitting as the Wildland-Urban improve city streets, curbs, gutters and Interface: Firewise Advisory Board shall meet at least sidewalks and to perform related services for twice each year.Special meetings may be called as our citizens. The Transportation Division needed to carry out the board's duties.A majority of works under the supervision of the Mayor the voting membership of the board shall constitute a and the budgetary authorization of the City quorum. Council. (Ord.5426,8-2-11) 33.302 City Overlay Program 33.286-33.289 Reserved (A) In the early 1990s,the City began its in- house overlay program with a stated ARTICLE XVI goal to pave every City street for which public right-of-way existed. Later, the CITY COUNCIL overlay program also began milling and STREET COMMITTEE overlaying various important, but deteriorating city streets. 33.290 Composition (B) In the early 2000s, the Mayor and City There is hereby established and continued a City Council enlarged the overlay program to Council Street Committee which shall be composed of maintain and overlay city streets on a CD33:25 CITY COUNCIL AGENDA MEMO JA MEETING DATE OF OCTOBER 16,2012 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff Jeremy Pate,Development Services Director From: Chris Brown, City Engineer Date: October 16,2012 Subject: October 16, 2012 City Council Agenda Items DA and D.5 This memo provides additional information to be considered by the City Council during discussions regarding Item DA (Amend Chapter 33) and D.5 (Amend Standing City Council Committees). Currently,the Water and Sewer, Ordinance Review, Equipment, and Street Committees make recommendations to the City Council for the majority of, but not all, items that come before them. The Agenda item proposing revisions to the Powers and Duties of the Street Committee is intended to reflect the way that the Committee is currently operating;that is, it functions as an advisory body,making recommendations to either the City Council or to the Administration. Other City Council Committees operate in similar fashion to the Street Committee, as noted in the examples that follow. Water and Sewer Committee: The Water/Sewer Committee is presented three general types of items: 1. Contracts going forward for Council approval. These generally consist of contracts over$20,000 that require Committee approval and are forwarded to the full Council. 2. Informational items on major projects or activities that are underway, including: -updates on contracted projects that are underway, including change orders within the approved appropriation/contingency that executed by the Mayor -updates on selected test projects of particular interest or that may ultimately cause actions that will require future Council action (examples include the Water Treatment Residual land application contract with Beaver Water District, Lake Sequoyah dredging pilot project, West Fork request for sewer connection, etc.) 3. Decisions on specific actions that it is in the City's best interest to have some Council level familiarity and input, but that may or may not result in future Council actions, including those listed below. -Routing for major water transmission lines. -Approval of water/sewer design standards. -Approval of water/sewer connection policies -Evaluations of Canterbury tank location alternatives. Ordinance Review Committee: The Ordinance Review Committee typically reviews proposed new City ordinances, and major revisions to existing ones. In many cases,the Committee works to make changes to the proposed ordinance, and develop it into its final form before being presented to the City Council. In others,the Committee may vote against sending the ordinance to the Council at all. Equipment Committee: The Equipment Committee reviews major equipment purchases, and makes recommendations to the City Council for purchases above$20,000, including replacement equipment and expansions of the City's fleet. The Committee also reviews expansion purchases less than $20,000 and re-issuance of units from one division to another,neither of which are forwarded to the City Council. Street Committee: As noted earlier,the Street Committee functions as an advisory board, and provides recommendations to the City Council or the staff/administration, as appropriate. Street Committee items consist of three general categories: 1. Informational items, including Transportation Bond Program updates, status of yearly Transportation paving and sidewalk programs, and other updates of programs and projects. 2. Bids, contracts, legal actions related to right of way acquisitions,yearly Transportation work plans, and other items that require City Council approval. 3.Technical design and operating issues,whether they be initiated by staff, by citizens,by a Committee member, etc. The Committee provides a public forum for discussion of these items, and provides recommendations, guidance, and feedback to the staff member(s)responsible for implementation. A listing of these types of discussions,taken from Street Committee Agendas from the past 14 Committee meetings follows. 1) Old Wire Road/Mission Blvd: The concept for this plan was presented to the Street Committee for review and discussion prior to submitting to the Arkansas Highway and Transportation Department (AHTD) for them to begin design based on the conceptual plan. 2) Highway 16 Bridge Replacements-West Fork and Middle Fork of the White Rivers: Proposed AHTD plans were presented to the Committee for review. Comments related to the proposed cross sections were later provided to AHTD based on staff review and Street Committee recommendations. 3) North Street/Frisco Trail Intersection: The Street Committee received public comment from trail users regarding safety at this intersection. Based on this discussion, and options presented to the Committee during two subsequent Committee meetings,the decision was made to install a signal at the intersection. 4) Van Asche Drive Extension: The Street Committee reviewed proposed cross sections for Van Asche. Site constraints required variations in the cross sections from Master Street Plan standards on various segments of the project. One member of the Committee requested staff look at a cross section that separates the proposed trail from the sidewalk. Staff developed this additional cross section, for review by the Committee, and design is proceeding using the revised cross sections. 5) Clabber Creek Blvd: A citizen asked the Street Committee to consider changing Clabber Creek Blvd. from 2-way to 1-way traffic. Staff recommended against this action;the Street Committee concurred, and recommended staff pursue additional striping and channelization to alleviate the concern of the citizen. 6) Street Preservation Program (Microsurfacing): Staff presented a plan to resurface selected streets in a pilot program using microsurfacing, a type of pavement sealing. This work will be bid and presented to the City Council. 7) Spring Street Bikeway: A member of the Committee requested that staff review signage, striping, and stop sign configuration on Spring Street, between Dickson and Block. This review was completed and reviewed by the Street Committee. Implementation of this plan is in progress. 8) Frisco Trail Extension. The proposed alignment and design concept for the extension of Frisco Trail, between Martin Luther King,Jr.Blvd. and Walker Park,was presented to the Street Committee for review and concurrence, prior to staff moving forward with development of detailed plans. 9) Center Street Improvements: The Street Committee served as the public forum for discussion of street designs on Center Street, including consideration of full or partial sidewalk widening. Ultimately,the Committee voted to recommend not modifying the sidewalk widths or parking layout. NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWS-PM- - E16BENTONLLC NORTHWEST ARKANSAS TIMES COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION RECEIVED I, Karen Caler, do solemnly swear that I am the Legal Clerk of the NOV 2 7 2012 Northwest Arkansas Newspapers, LLC,printed and published in CITY CLERKS OFFICE Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5540 :,01RDINANCE�N0r 5540 AN ORDINANCE_9MENDINC� ARTICLE XVL, CITY "COUNCIL STREETCOMMITTEE OF CHAPTER 33 DEPARTMENTS BOARDS Was Inserted In the Regular Editions on: =COMMISSIONS,ADAUTHORITIESOFTHE NOVember 1, 2012 �CgDEOF FAYETTEVILLE.-T4,,AMEND THE. neKnrtsns" PURPOSES,POWERS M"bDUITIE&2OFfi4t W00NCIL STREEtk,,OMMJTTEE NOVy,THEREFORE,BE,IT.ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARK ANSAS Publication Char eS: $ 58.36 Section 1s That the Gty Coytcil of the City of Fayettevill®,Arkansas hereby, Charges: :amends Article XVI of Chapter 33 ;Departments;Boards,`Commissions, aril Authorities of the Code,of Fayetteville,-so that after;,amendme�t,,itaha l<reac�ss ` resented;in the attached Exhibit A' whh is fnccrporated,herem as_ifirset out. #drdlor yvord. « ���: a:u _ n " ���� PASSED and APPROVED this 16th day of October 2012 � ATTEST Bq:. Karen CaleT SONDRA E SMITH City Elerk/Treasrer- Exhibds for"this ordinar�oe maybe Yie� in the office of the City ClerklTreasurer Subscribed and sworn to before me This Z day of 71T/ , 2012. OA%ILW Notary Pu lic My Commission Expires-.,;� �z4- „ ,,HYJ.VVILES cn nton County t < ;.Expires „milsmo? .6,2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent.