HomeMy WebLinkAboutOrdinance 6535113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6535
File Number: 2022-0090
AMEND ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE:
AN ORDINANCE TO AMEND §33.350 PURPOSE AND ESTABLISHMENT, §33.351
COMPOSITION, §33.352 TERMS OF OFFICE AND §33.354 MEETINGS OF ARTICLE
XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE TO INCREASE THE
NUMBER OF RESIDENTS ON THE COMMITTEE
WHEREAS, the Active Transportation Committee currently has five residents of Fayetteville as voting
members appointed by the City Council; and
WHEREAS, the Nominating Committee recommends that the Fayetteville Code be amended to
increase the number of such resident positions to seven and designate one such position as a
representative for Americans with Disabilities.
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 amends §33.350
Purpose And Establishment to change "eight (8) voting committee members" to "ten (10) voting
committee members" in the introductory language.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.350 (E) by
repealing it and enacting a new (E) as follows:
"(E) A member of the Active Transportation Advisory Committee may present reports and
recommendations to the Transportation Committee as needed."
Page 1 Printed on 2116122
Ordinance: 6535
File Number., 2022-0090
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.351
Composition by repealing it in its entirety and enacting a new §33.351 as follows:
"33.351 Composition
The Active Transportation Advisory Committee shall be comprised often (10) voting members as
shown below and non -voting staff/support members as designated by the Mayor.
(A) One (1) voting members of the committee shall be a member of the City Council designated by the
Mayor;
(B) One (1) voting member shall be a member of the Planning Commission designated by the Planning
Commission;
(C) One (1) voting member shall be a member of the Parks and Recreation Advisory Board
designated by the Parks and Recreation Advisory Board;
(D) Seven (7) voting members shall be residents of the City of Fayetteville, and appointed by the City
Council, at least one (1) of whom shall represent a bicycle advocacy organization and at least one (1)
shall represent Americans with Disabilities (ADA)."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.352 Terms
of Office by repealing it and enacting a new as follows:
"33.352 Terms of Office
Private citizen members shall serve two (2) year terms, with no limit to the number of terms they may
serve. Any person who has served two (2) consecutive full terms on any city commission, board, or
committee is not eligible for reappointment to the same committee until one term of office has expired,
unless there is an insufficient number of applicants to fill all vacancies. City Council, Planning
Commission, and Parks and Recreation Advisory Board representatives may serve as long as they
retain membership on their sponsoring body."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.354
Meetings by repealing it and enacting a new as follows:
"33.354 Meetings
The Active Transportation Advisory Committee shall meet at least once per quarter to conduct regular
business, at a time and place that is mutually convenient to the membership including virtual or hybrid
formats. The Active Transportation Advisory Committee may meet more frequently if needed."
PASSED and APPROVED on 2/15/2022
Page 2 Printed on 2116122
Ordinance: 6535
File Number.• 2022-0090
Attest:
� .ram • �+t r i' ' Cam. �y
Cap: G:
Kara Paxton, City Clerk Treasurear ; F�YF�' ✓! ;
5
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Page 3 Printed on 2110122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0090
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.11
AMEND ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE:
AN ORDINANCE TO AMEND §33.350 PURPOSE AND ESTABLISHMENT, §33.351
COMPOSITION, §33.352 TERMS OF OFFICE AND §33.354 MEETINGS OF ARTICLE XXIII
ACTIVE TRANSPORTATION ADVISORY COMMITTEE TO INCREASE THE NUMBER OF
RESIDENTS ON THE COMMITTEE
WHEREAS, the Active Transportation Committee currently has five residents of Fayetteville as voting
members appointed by the City Council; and
WHEREAS, the Nominating Committee recommends that the Fayetteville Code be amended to increase the
number of such resident positions to seven and designate one such position as a representative for Americans
with Disabilities.
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 amends §33.350 Purpose And
Establishment to change "eight (8) voting committee members" to "ten (10) voting committee members" in the
introductory language.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.350 (E) by repealing
it and enacting a new (E) as follows:
"(E) A member of the Active Transportation Advisory Committee may present reports and recommendations
to the Transportation Committee as needed."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.351 Composition
by repealing it in its entirety and enacting a new §33.351 as follows:
"33.351 Composition
The Active Transportation Advisory Committee shall be comprised of ten (10) voting members as shown
below and non -voting staff/support members as designated by the Mayor.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
File Number: 2022-0090
(A) One (1) voting members of the committee shall be a member of the City Council designated by the Mayor;
(B) One (1) voting member shall be a member of the Planning Commission designated by the Planning
Commission;
(C) One (1) voting member shall be a member of the Parks and Recreation Advisory Board designated by the
Parks and Recreation Advisory Board;
(D) Seven (7) voting members shall be residents of the City of Fayetteville, and appointed by the City Council,
at least one (1) of whom shall represent a bicycle advocacy organization and at least one (1) shall represent
Americans with Disabilities (ADA)."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.352 Terms of
Office by repealing it and enacting a new as follows:
"33.352 Terms of Office
Private citizen members shall serve two (2) year terms, with no limit to the number of terms they may serve.
Any person who has served two (2) consecutive full terms on any city commission, board, or committee is not
eligible for reappointment to the same committee until one term of office has expired, unless there is an
insufficient number of applicants to fill all vacancies. City Council, Planning Commission, and Parks and
Recreation Advisory Board representatives may serve as long as they retain membership on their sponsoring
body."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.354 Meetings by
repealing it and enacting a new as follows:
"33.354 Meetings
The Active Transportation Advisory Committee shall meet at least once per quarter to conduct regular
business, at a time and place that is mutually convenient to the membership including virtual or hybrid formats.
The Active Transportation Advisory Committee may meet more frequently if needed."
City of Fayetteville, Arkansas Page 2 Printed on 211612022
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2022-0090
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/27/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
An ordinance to amend 33.350 Purpose and Establishment, 33.351 Composition, 33.352 Terms of Office and 33.354
Meetings of Article XXIII Active Transportation Advisory Committee of the Fayetteville Code to increase the number
of voting members from five to seven and to establish one member as a representative for Americans with
Disabilities.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution #
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 15T", 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Mihalevich, Trails Coordinator
DATE: January 26th, 2022
CITY COUNCIL MEMO
SUBJECT: 2022-0090 — Active Transportation Advisory Committee
RECOMMENDATION:
An ordinance to amend 33.350 Purpose and Establishment, 33.351 Composition, 33.352 Terms
of Office and 33.354 Meetings of Article XXIII Active Transportation Advisory Committee of the
Fayetteville Code to increase the number of voting members from five to seven and to establish
one member as a representative for Americans with Disabilities.
BACKGROUND:
In late 2021, the selection committee interviewing candidates for the Active Transportation
Advisory Committee had some very compelling applicants including one person with a physical
disability and uses the trail system often to get around Fayetteville. In order to accommodate
these applicants, the selection committee proposed increasing the number of voting members
on the Active Transportation Advisory Committee from the current five to seven.
On January 12th, 2022 the Fayetteville Active Transportation Advisory Committee reviewed the
proposed ordinance changes and unanimously supported adding two members with one
member representing Americans with Disabilities. In addition, the committee took the
opportunity to modify some of the language regarding tours and appointment of staff and other
representatives as shown on the attached tracked changes version.
On January 25th, 2022 the Fayetteville Transportation Committee unanimously recommended
forwarding the amended ordinance language to the City Council with a recommendation of
approval.
DISCUSSION:
The Active Transportation Advisory Committee reviews street, sidewalk and trail plans and
establishes priorities for construction of these infrastructure projects. The addition of two
members will provide welcomed input, especially in the needs of people with limited mobility.
BUDGET/STAFF IMPACT:
No cost for this item.
Attachments:
Ordinance to Amend 33.350. 33.351, 33.352, 33.354 with tracked changes
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE
ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE
33.350 Purpose And Establishment
There is hereby established the Active Transportation Advisory Committee. The )-ten 10 voting committee
members shall elect a chair at the first annual meeting each year. This committee may make recommendations to
the Transportation Committee on active transportation projects and issues that have been referred to them by the
Administration or Transportation Committee, including but not limited to:
(A) Yearly trail, sidewalk, and paving overlay construction program plans. Review of overlay plans will be focused
on incorporation of active transportation facilities.
(B) Five (5) year trail construction prioritization plan.
(C) Major sidewalk projects, trails and other projects where major changes to existing street cross sections are
planned. The review will be at the preliminary stage and will include typical cross sections and preliminary
horizontal and vertical alignments. Neither the Transportation Committee nor the Administration need to
delay projects or wait for this advisory committee's recommendations.
(D) Changes, additions, or deletions to the Active Transportation Plan and the Sidewalk Master Plans.
(E) A member of the Active Transportation Advisory Committee s44-May present reports and
recommendations to the Transportation Committee at least ,.uaFt 4y.. s needed. T"^ "r+iv T,--,.,SPGFtati ,.,
Committee shall host bi aRRual guided tours focused OR E)PPeFtURities fer aetive tFaRSPE)FtatiOA
(Ord. No. 5343, 8-3-10; Ord. No. 5963, §1, 4-4-17)
33.351 Composition
The Active Transportation Advisory Committee shall be comprised of eight {} ten 10I voting members as shown
below and anon -voting staff/support members,, ,ter as designated by the Mayor.
(A) One (1) voting members of the committee shall be a member of the City Council designated by the Mayor;
(B) One (1) voting member shall be a member of the Planning Commission designated by the Planning
Commission;
(C) One (1) voting member shall be a member of the Parks and Recreation Advisory Board designated by the
Parks and Recreation Advisory Board;
(D) €ive-Seven (7-5) voting members shall be residents of the City of Fayetteville, and appointed by the City
Council, at least one (1) of whom shall represent a bicycle advocacy organization and at least one (1) shall
represent Americans with Disabilities (ADA);
(E) Five (5) non veting membeFs shall repFesent the Gity ef Fayetteville staff-, with one (1) member eaeh 48M the
TFanspertatien Divisien, Parks and- Reereatien Divisien, Fayetteville Peliee DepaFtment, Planning Divisien, and
(F) One (-1)nen voting . r shall rep;zsent the Washingten Geunty Planning Sta#T
(Ord. No. 5343, 8-3-10; Ord. No. 6196, §3, 7-2-19)
Fayetteville, Arkansas, Code of Ordinances
(Supp. No. 22)
Created: 2021-11-29 14:51:11 [EST]
Page 1 of 2
33.352 Terms Of Office
Private citizen members shall serve two (2) year terms, with no limit to the number of terms they may serve. Any
person who has served two (2) consecutive full terms on any city commission, board, or committee is not eligible
for reappointment to the same committee until one term of office has expired, unless there is an insufficient
number of applicants to fill all vacancies. City Council, Planning Commission, and Parks and Recreation Advisory
Board representatives may serve as long as they retain membership on their sponsoring body.
(Ord. No. 5446, 10-4-11; Ord. No. 6196, §1, 7-2-19)
33.353 Officers
At the first regularly scheduled committee meeting of each calendar year, the voting members of the committee
shall, by a simple majority, elect from among themselves a chair and vice chair.
(Ord. No. 5343, 8-3-10)
33.354 Meetings
The Active Transportation Advisory Committee shall meet at least once per quarter to conduct regular business, at
a time and place that is mutually convenient to the membership including virtual or hybrid formats. The Active
Transportation Advisory Committee may meet more frequently if needed.
(Ord. No. 5446, 10-4-11)
33.355 Selection Process
The City Council shall appoint the private citizen members through the normal Nominating Committee process. All
other members of the Active Transportation Advisory Committee shall be appointed by their respective
organizations.
(Ord. No. 5446, 10-4-11; Ord. No. 6196, §1, 7-2-19
33.356-33.359 Reserved
(Supp. No. 22)
Created: 2021-11-29 14:S1:11 [EST]
Page 2 of 2
RECEIVED
NORT wsr ARKgW FEB 2 5 2022
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
R4. SOY 160T FAY'i?ENLLE. AP 72702.479442.1700 - FAY. 4?9-6j9�1118 - 1*0N0.N''VVADG.00:N
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6535
Was inserted in the Regular Edition on:
February 20, 2022
Publication Charges: $273.60
Aeft K.
Brittany Smith
Subscribed and sworn to before me Cathy Wiles
This 2—\ day of , 2022- Benton COUNTY
NOTARY PUBLIC--ARKANSAS
My Commission Expires 02-20.2024
Commission No,12397118
W�
Notary Public j
My Commission Expires: �� I
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
a: 6535
ber: 2022-0090
ARTICLE XXIII ACTIVE
ORTATION ADVISORY
AN ORDINANCE TO AMEND
§33.350 PURPOSE AND
ESTABLISHMENT, §33.351
COMPOSITION, 933.352 TERMS OF
OFFICE AND §33.354 MEETINGS OF
ARTICLE XXIII ACTIVE
TRANSPORTATION ADVISORY
COMMITTEE TO INCREASE THE
NUMBER OF RESIDENTS ON THE
COMMITTEE
WHEREAS, the Active Transportation
Committee cure. ly has five residents
of Fayetteville as voting members
appointed by the City Council; and
WHEREAS, die Nominating Committee
recommends that the Fayetteville Code
be amended to increase the number of
such resident positions to seven and
designate one such position as a
representative for Americans with
Disabilities.
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
amends §33.350 Purpose And
Establishment to change "eight (8)
voting committee members" to "ten (10)
voting committee members" in the
introductory language.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §33.350 (E) by repealing it and
enacting a new (E) as follows:
"(E) A member of the Active
Transportation Advisory Committee
may present reports and
recommendations to the Transportation
Committee as needed."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §33.351
Composition by repealing it in its
entirety and enacting a new §33.351 as
follows:
33.351 Composition
The Active Transportation Advisory
Committee shall be comprised often
(10) voting members as shown below
and non7voting staff/support members
as designated by the Mayor.
(A) One (1) voting members of
the committee shall be a member of the
City Council designated by the Mayor;
(B) One (1) voting member
shall be a member of the Planning
Commission designated by the Planning
I One (1) voting member
ill be a member of the Parks and
creation Advisory Board designated
the Parks and Recreation Advisory
Board;
(D) Seven (7) voting members
shall be residents of the City of
Fayetteville, and appointed by the City
Council, at least one (1) of whom shall
represent a bicycle advocacy organization
and at least one (1) shall represent
Americans with Disabilities(ADA)."
Section 4: That the City Council of the
City of Fayetteville. Arkansas hereby
amends §33,352 Terms of OIIfce by
repealing it and enacting new as
follows:
"33.352 Terns of Office
Private citizen members shall serve two
(2) year terms, with no limit to the
number of terms they may serve. Any
person who has served two (2)
consecutive full terms on any city
commission, board, or committee is not
eligible for reappointment to the same
committee until one term of office has
expired, unless them is an insufficient
number of applicants to fill all vacancies.
City Council, Planning Commission, and
Parks and Recreation Advisory Board
representatives may serve as tong as they
retain membership on their sponsoring
body.*
Section 5: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §33.354
Meetings by repealing it and enacting a
new as follows:
"33.354 Meetings
The Active Transportation Advisory
Committee shall meet at least once per
quarter to conduct regular busincm, at a
time and place that is mutually
convenient to the membership including
virtual or hybrid fomtats. The Active
Transportation Advisory Committee may
meet more frequently if needed."
PASSED and APPROVED on 2/1512022
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $273.60. 75521186 Feb. 20, 2022