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Home My WebLink AboutOrdinance 5295 ORDINANCE NO, 5295 AN ORDINANCE TO AMEND SECTION 33 . 108 OF THE FAYETTEVILLE CODE TO PROVIDE THAT PLANNING COMMISSIONERS SERVE WITHOUT COMPENSATION WHEREAS, the City Council, by Ordinance No. 4892, provided that members of the Planning Commission should receive $375 .00 per month during their period of service; and WHEREAS, the number of matters to be decided by the Planning Commission has declined, particularly due to a significant reduction in development applications; and WHEREAS, the City Council has recently adopted an operational budget for the year 2010 which provides for spending cuts due to a reduction in anticipated revenues; and WHEREAS, the removal of compensation for members of the Planning Commission would save the City approximately $43,596.00 per year. 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 Section 33 . 108 of the Fayetteville Code so that, after amendment, it shall read as follows: "33.108 Compensation The members of the Planning Commission shall serve without compensation". PASSED and APPROVED this 15's day of December, 2009. APPROVED ATTEST: ep B11- By: �INGtN� O LD JO , Mayor SO DRA E. SMITH, City Clerk/Treasur h�` FtV(/TR %N \,F, . . . . .E9 ; FAYETTEVILLE ; %ysr9�;/(ANSPr' '0 /.z.' City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/15/2009 City Council Meeting Date Agenda Items Only Jeremy Pate Development Services Submitted By Division Department Action Required: Approval of an ordinance to reduce compensation for the Planning Commission for 2010 N/A $ Cost of this request Category / Project Budget Program Category / Project Name N/A $ Account Number Funds Used to Date Program / Project Category Name N/A $ Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached InIb'n • lam— Previous Ordinance or Resolution # Dep ment ire r Date Original Contract Date: /` JDA Original Contract Number: OfAmmey Date An Finano and Internal Services Director Date Received in City U . Clerk's Office t1 -25 to I�1Ag G7 / -09 UU ief of S IT Date Received in i Mayor's Office 03N3 N M or /" Comments: Revised January 15, 2009 TayetO CityCouncil Meeting Date: December 15, 2009 S City Council Agenda Memo To: Mayor and City Council Thru: Don Marr, Chief of Staff for Mayor Jordan From : Jeremy Pate, Development Services Director Date: November 25, 2009 Subject: Planning Commission Compensation - 2010 BACKGROUND Fayetteville's Planning Commission is a volunteer committee appointed by the City Council, and as indicated in Arkansas law, is the board that reviews development proposals for compliance with city ordinances and, the adopted future land use plan. The Planning Commission's purpose is to prepare and administer planning regulations, advise and counsel the City Council and make recommendations on land use applications such as rezonings, annexation and planned zoning districts. It has historically been an unpaid position . During the most recent development growth period, the Planning Commission was considering approximately 300 land use and development applications per year, with meetings often stretching far into the evening. In 2006 the City Council adopted Ordinance No. 4892, which established a $375 per month compensation for the services of the Planning Commissioner during his or her term. In the past year, however, the Planning Commission has seen a considerable reduction in development applications, particularly. It is estimated that by the end of 2009, approximately 200 items will have been considered. The City Council recently adopted the operational budget for 2010. In it, several cuts were proposed in an effort to reduce expenditures relative to revenue. One of the cuts recommended for 2010 was to remove the Planning Commission compensation for 2010, which would save approximately $43,596. In order to do so, the City Council must amend the City Code by ordinance. 33.108 Compensation The members of the Planning Commission shall receive $375.00 per month during their service on the Planning Commission. 113 West Mountain 72701 (479) 575-8323 accessfayeueville.org TDD (Telecommunications Device for the Deal) (479)-521- 1316 RECOMMENDATION Approval of an ordinance removing compensation for the Planning Commission in 2010. BUDGET IMPACT Reduction of the Planning Commission compensation is consistent with the adopted budget for 2010. Savings to the General Fund is estimated at $43,596. 1 13 West Mountain 72701 (479) 575-8323 accessfayetteville.org TDD (Telecommunications Device for the Deaf) (479)-521 -1316 ORDINANCE NO, AN ORDINANCE TO AMEND SECTION 33 . 108 OF THE FAYETTEVILLE CODE TO PROVIDE THAT PLANNING COMMISSIONERS SERVE WITHOUT COMPENSATION WHEREAS, the City Council, by Ordinance No. 4892, provided that members of the Planning Commission should receive $375.00 per month during their period of service; and WHEREAS, the number of matters to be decided by the Planning Commission has declined, particularly due to a significant reduction in development applications; and WHEREAS, the City Council has recently adopted an operational budget for the year 2010 which provides for spending cuts due to a reduction in anticipated revenues; and WHEREAS, the removal of compensation for members of the Planning Commission would save the City approximately $43,596.00 per year. 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 Section 33. 108 of the Fayetteville Code so that, after amendment, it shall read as follows: "33.108 Compensation The members of the Planning Commission shall serve without compensation". PASSED and APPROVED this 15th day of Decemeber, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARTICLE VII prescribed or granted by state statute. PLANNING COMMISSION (Code 1965, §2-84; Ord. No. 956, 9-12-49; Code 1991 , 33.105 Establishment §33.109) There is hereby created a city Planning State law reference(s)—Powers and duties of Commission. commission, A.C.A. §14-56-012. (Code 1965, §2-80; Ord. No. 956, 9-1249) 33.110 Appointment Procedures When vacancies on the Planning Commission State law mference(s)—Municipal planning occur because of resignation or term expiration, commissions generally, A.C.A., §15-56401 at seq. the city shall follow the following procedure: 33.106 Composition (A) The Rules of Order and Procedure, The Planning Commission ("commission") shall Fayetteville City Council, Revised and consist of nine members, all of who shall be Adopted March 4, 2003, Section H, Citizens citizens of Fayetteville, and at least two-thirds of committees, as may be amended from time whom shall not hold any municipal office or to time, shall be incorporated and made a appointment. No two members of the part hereof as if set forth word for word. commission ("commissioners") shall be related by blood or marriage in the third degree, nor shall (B) The application form for appointment to city any two commissioners have direct financial boards, commissions, and committees, as involvement. All commissioners must disclose may be amended from time to time, is herein annually all real estate holdings in Fayetteville incorporated and made a part of this and the Fayetteville planning area, and any ordinance. Applicants shall describe their business or financial interest which could affect, philosophy and approach to land use or be affected by, decisions of the commission. planning issues as they impact the City of All commissioners shall have a demonstrated Fayetteville. interest, experience, or expertise in land use planning. (C) Applicants shall disclose all real estate holdings in Fayetteville and the Fayetteville (Code 1965, §2-81 ; Ord. No. 956, 9-12-49; Ord. No. planning area, and any business or financial 3872, §1 , 2-21-95; Code 1991 , §33.106) interest which could affect, or be affected by, State law mference(s)—Appointment of members, decisions of the Planning Commission. A.C.A. §14-56-405. (Ord. No. 3872, §2, 2-21-95; Code 1991 , §33.110) 33.107 Terms Of Members State law reference(s)—Appointment of members, Each commissioner, unless appointed to fill an A.C.A. §14-56-405. unexpired term, shall be appointed to serve a term of three years. Such terms shall be 'Note—It should be noted that §3 of Ord. No. staggered, with three commissioners being 3872, adopted Feb. 21 , 1995, provides as follows: appointed each year. All terms shall begin on April 1 . 33.111 Attendance Requirement For Members Of The Parks And Recreation (Code 1965, §2-82; Ord. No. 1126, 3-25-57; Ord. No. Advisory Board And Planning 2404, 12-6-77; Ord. No. 3872, §1 , 2-21 -95; Code 1991 , Commission §33.107) By a vote of two-thirds of the City Council, any 33.108 Compensation Planning Commissioner may be removed from The members of the Planning Commission shall office for cause. Cause shall include, but not be receive $375.00 per month during their service limited to, the following: on the Planning Commission. (A) Any member of the Parks and (Code 1965, §2-83; Ord. No. 956, 9-1249; Code 1991 , Recreation Advisory Board or the §33.108; Ord. No. 4892, 06-20-06) Planning Commission who fails to attend at least 70% of all meetings State law reference(s)-Compensation of (regularly scheduled and Specially members, A.C.A. §15-56-409. Called) within the members yearly 33.109 Powers And Duties periods of service shall immediately The Planning Commission shall have such tender his or her letter of resignation powers and duties as are now or hereafter and that position shall be deemed vacant. 1f NORTHWEST ARKANSAS NEWSPAPERSLLc Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times RECEIVED Benton County Daily Record DEC 2 y 2009 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville -Ordinance 5295 December 24, 2009 Publication Charge : $ 77.82 Signed: ___- Subscribed and sworn to before me This ,2Vday of /�� , 2009. OEoM.M:.,✓qRL Notary Public Q 13;o F+ o•.1�, -- V ��!• ��OTARy, C>`• PUB1 �G ` i'' faro..... My Commission Expires: �� a o � •C,p., Do not pay from Affidavit, an invoice will be sent NANC OF AN ORDINA CE�IO AMENDOSEC90N 39.108 DE AT V� THE FA pLANNING COMMISSIONERSyETTEVILLE CODE OSEiNE IWITHOOT I c 1 pG.aKAH5�S1G. COMPENSATION - T Council, by Ordinance No gIva $375.00 per WHEREAS the City a Plann ng Commission should r 4892, Provided that ofmembers Of the DY the plannin �plwssj d hes month dunn9 w lnJmber Off matters to be tlea ant eP tionsF antl WHEREAS 1D due to ear reductwn4, deueloP?� arrear 2010 declined Pan�onlaM o [atroht bud a9 WHEREAS, tl1e Ciry Council has recently adopted en d iici Pied r i Jslon would which provltlas for spending tutee saGon forpmpembefs+o'tpe PI nil CBtn� - rB WHEREAS, the removal of come 9 er ear ) save the City approximately 513,598 00 P y NOW,THEREFORE, BE IT ORDAINED BYTHE CRY COUNCIL OFTHE CRY OF FAYET- TEWLLE, ARKANSAS: Section 1: That the City Council Of the City 01 Fayetteville, Arkansas hereby amends Section 33.108 Of the Fayetteville Code so that, after amendment, it shall read as follows: •33.108 Compensation mission shell serve without compansatian'. The members of Me Planning Com PASSED and APPROVED this 15th'dey of December, 2009. ATTEST', APPROVED By: Cleren"Asurer By: SONDRA E. SMRH, Clry LIONED JORDAN, Mayor .