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
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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-
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**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
