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Home My WebLink AboutOrdinance 3872 ORDINANCE NO. 3872 AN ORDINANCE AMENDING CHAPTER 33 : DEPARTMENTS , BOARDS , COMMISSIONS AND AUTHORITIES, PLANNING COMMISSION , OF THE FAYETTEVILLE CODE OF ORDINANCES, SECTION 33 . 106, COMPOSITION , TO PROVIDE FOR A NEW COMPOSITION OF THE PLANNING COMMISSION AND SECTION 33 . 107 TERMS OF MEMBERS , TO PROVIDE FOR THREE YEAR TERMS FOR PLANNING COMMISSIONERS; ADDING SECTION 33 . 110, APPOINTMENT PROCEDURES, TO DEFINE APPOINTMENT PROCEDURES AND SECTION 33 . 111 , REMOVAL OF PLANNING COMMISSIONERS, AND TO PROVIDE MISCELLANEOUS PROVISIONS FOR A SMOOTH TRANSITION TO THE NEW PLANNING COMMISSION . WHEREAS, the City of Fayetteville is experiencing unprecedented growth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Chapter 33 : Department, Boards, Commission, and Authorities, Planning Commission, of the Fayetteville Code of Ordinances, §33 . 106 Composition and §33 . 107 Terms of Members, are hereby repealed and the following shall be inserted in their stead : PLANNING COMMISSION §33 . 106 COMPOSITION . The Planning Commission ("Commission") shall consist of nine members, all of whom shall be citizens of Fayetteville, and at least two-thirds of whom shall not hold any other municipal office or appointment. No two members of the Commission ("Commissioners") shall be related by blood or marriage in the third degree, nor shall any two commissioners have direct financial involvement. All Commissioners must disclose annually all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect, or be affected by, decisions of the Commission. All Commissioners shall have a demonstrated interest, experience, or expertise in land use planning. Page 2 Ordinance No . 3872 §33 . 107 TERMS OF MEMBERS. Each Commissioner, unless appointed to fill an unexpired term, shall be appointed to serve a term of three (3) years. Such terms shall be staggered, with three Commissioners being appointed each year. All terms shall begin on April 1 . Section 2 . That Chapter 33 : Department, Boards, Commission, and Authorities, Planning Commission, of the Code of Ordinances, shall be amended to add §33 . 110 Appointment Procedures and §33 . 111 Removal of Planning Commissioners, as follows : §33 . 110 APPOINTMENT PROCEDURES. When vacancies on the Planning Commission occur because of resignation or term expiration, the city shall follow the following procedure: 1 . The Rules of Order and Procedure, Fayetteville City Council , Revised and Adopted January 3 , 1991 , Section H. CITIZENS COMMITTEES, as may be amended from time to time, shall be incorporated and made a part hereof as if set forth word for word. 2. The Application form for appointment to city boards, commissions, and committees, as may be amended from time to time, is herein incorporated and made a part of this ordinance. In answering question 2. , or a similar question, on said Application Form, applicants should describe their philosophy and approach to land use planning issues as they impact the City of Fayetteville. 3 . Applicants must disclose all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect, or be affected by, decisions of the Planning Commission. §33 . 111 REMOVAL OF PLANNING COMMISSIONERS. By a vote of two-thirds of the City Council, any planning commissioner may be removed from office for cause. Cause shall include, but not be limited to, the following: 1 . A pattern of inadequate meeting attendance, including planning tours. kN Page 3 Ordinance No . 3872 2 . Chronic discourteous behavior to other commissioners, staff, or members of the public. 3 . Ongoing lack of familiarity with staff prepared material . Section 3 . In order to effectively complete the transition to this newly structured Planning Commission, the following procedures shall be followed: 1 . The terms of the current Planning Commissioners are reduced by nine months. 2 . The process described in §33 . 110 above shall be followed to replace those Commissioners whose terms will expire on April 1 , 1995 . Section 4. The City Council hereby determines that the aforesaid provisions are necessary and unless put into effect immediately, the public health, safety, and welfare of the people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety, and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 21st day of February, 1995 . APPROVED: By : ild 4y' 'U / F ed Hanna, Mayor ATTES T - By : Traci Paul, City Clerk ORDINANCE NO. 3672 1, The Rules of Order and AN ORDINANCE AMEND- Procedure. Fayetteville City ING CHAPTER 33: DEPART- Council , Revised and, - MENTS, BOARDS, COM- Adopted January 3. 1991 , MISSIONS AND AUTHOM- Section H. CITIZENS COM- TIES , PLANNING MITTEES , d as may be. STATEOFARKANSAS COMMISSION , OF THEamended from time to FAVETTEVILLE CODE OFtime, shall be incorporated ss. ORDINANCES . SECTION and made a part hereof as, County of Washington PROVIDE COMPOSITION, TO if set forth word for wordform I A PROVIDE FOR A NEW 2. The Application form for /1,�"d\u 'rnl/�U,�C' COMPOSITION OF THEappointment to city boards. PLANNING COMMISSION commissions, and commit- I, herebyce7- AND SECTION 33 . 107tees, as may be amended tify that I am the publisher of HE NORTHWEST ARKANSAS TIMES, a daily TERMS OF MEMBERS. TOfrom time to time, is herein Y PROVIDE FOR T H RE E incorporated and made a . newspaper having a second class mailing privilege, and being not less than four pages of YEAR TERMS FOR PLAN- part of this ordinance. In . five columns each, published at a fixed place of business and at a fixed (daily) intervals KING COMMISSIONERS : answering question 2., or e ADDING SECTION 33.110. similar question, on said continuously inthe City of Fayetteville, County of Washington, Arkansas for more than APPOINTMENT PROCE- Application Form, applicants aperiod of twelve months, circulated and distributed from an established placeof business DURES, TO DEFINE AP- should describe their philo- POINTMENT PROCEDURESsophy and approach to land to subscribers and readers generallyof all classes in the City and County foradefniteprice AND SECTION 33.111 , RE- use planning issues as they for each copy, or a fixed price per annum, which price was fixed at what is considered the M O V A L OF P L A N N ING impact the City Of COMMISSIONERS , AND Fayetteville. value of the publication, based upon the news value and service value it contains, that at TO PROVIDE MISCELLA- 3. Applicants must disclose least fifty percent of the subscribers thereto have paid cash for their subscriptions to the NEOU$ PROVISIONS FOR all real estate holdings in �A SMOOTH TRANSITION Fayetteville and the Fayette- newspaper Or its agents or through recognized news dealers over a period of at least six TO THE NEW PLANNING ville planning area, and any months; and that the said newspaper publishes an average of more than fortypercentnews COMMISSION. business or financial inter- WHEREAS, the City of Fay- est which could affect, or matter. eneville is experiencing un- be affected by. decisions of precedented growth. the Planning Commission. NOW. THEREFORE, BE IT §33 111 -- I further certify that the legal notice hereto attached in the matter of ORDAINED BY THE CITY 1 REMfl OF PLANNING t COUNCIL OF THE CITY OF COMMISSIONERS /lrl m-� FAYETTEVILLE. By a vote of two-thirds of Oe In ARKANSAS: the City Council, any plan. Section 1. That Chapter ning commissioner may be was published in the regular daily issue of said newspaperfor 33: Department, Boards, removed from office for P g Y Commission, and Authori- cause. Cause shall include, consecutive insertions as follows: ties. Planning Commission, but not be limited to, the of the Fayetteville Code of following: Ordinances, §33. 106 Com- 1 A pattern of inadequate The fust insertion on the Mo -,(,Qjc ) I .position and §33. 107 Terms meeting attendance, includ- dayofl Si of Members, are hereby re= ing planning. tours. pealed and the following 2 Chronic discourteous be- shall be inserted in their havior to other commission- the second insertion on the day of 19 stead: ers, staff, or members of PLANNING COMMISSION the public. §33.106 COMPOSITION. 3. Ongoing lack of familiar- the third insertion on the day of 19 The Planning Commission ity with staff prepared 1"Commission") shall con- material. sist of nine members. all of. Section 3. In order to effec- and the fourth insertion on the day Of 19 whom shall be citizens of' tively complete the transi- Fayetteville, and at least tion to this newly struc- two-thirds of whom shall lured Planning Commission, not hold any other munici- the following proceduresl pal office or appointment. shall be followed: No two members of the 1 The terms of the current . - Commission ("Commission- Planning Commissioners are RECEIVE ers") shall be related by blisher / General Manager reduced by nine months. blood_ or marriage in the 2 The process described in -thud degree. nor shall any §33.110 above shall be fol- two commissioners have di- lowed to replace those MAR 6 1995 vett financial involvement. Commissioners whose All Commissioners must disclose terms will expire on April 1 , tett1996 FINANCE D`PT.FINANCE annually all real es- te holdings in Fayetteville Section 4. The City Council and the Fayetteville planning hereby determines that the area, and any business or financial interest which aforesaid provisions are could affect, or be affected necessary and unless put iby, decisions of the Com- into effect immediately, the ;mission. All Commissioners public health, safety. and ' shall have a demonstrated welfare of the people of interest, experience, or ex- Fayetteville will be ad- ;pertise in land use planning. versely affected. Therefore, 933.107 TERMS OF an emergency is hereby de-' Sworn to and subscribed before me on this -2L MEMBERS Glared to exist and this ordi- day of Each Commissioner, unless nance being necessary for the - public health, safety, appointed to fill an unex- pired term, shall be ap- and welfare shell be in full pointed to serve a term of force and effect from and 'three (3) years. Such terms after its passage and shall be staggered, with approval. ,three Commissioners being PASSED AND APPROVED appointed each year. Allthis 21st day of February, terms shall begin on April 1995. Notary public 1 , APPROVED: Section 2. That Chapter By: Fred Hanna. Mayor 33: Department Boards, ATTEST: My Commission Expires: ` Commission, and Authori- By: Traci Paul ties, Planning Commission, City Clerk _ ^ of the Code of Ordinances. Gq aI —0 shall be amended to add 1§33. 110 Appointment Pro- cedures and §33. 111 Re- moval of Planning Commis- stoners, as follows: Fees for Printing _$ 433.110 APPOINTMENT _ PROCEDURES. Cost Of Proof $ When vacancies on the (( �' Planning Commission occur Total $ because of resignation or term expiration, the city' shall follow the following -procedure- -_ _