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Home My WebLink AboutOrdinance 5572 ORDINANCE NO. 5572 AN ORDINANCE TO AMEND §33.108 COMPENSATION RELATING TO THE PLANNING COMMISSIONERS AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fayetteville City Council passed a Resolution on March 5, 2013 requesting that Planning Commissioners be compensated in the amount of$375.00 monthly and requesting that the Administration prepare the necessary documents for this to be accomplished. 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 §33.108 Compensation of the Fayetteville Code by repealing it and enacting a replacement §33.108 at follows: "§33.108 Compensation The members of the Planning Commission shall be compensated monthly in the amount of$375.00 for their service." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in order to pay this compensation. PASSED and APPROVED this 19th day of March, 2013. APPROVED: ATTEST: B By: cf, I NE N, Mayor SO DRA E. SMITH, City Clerk/a k"dRE�,�i, S . IY O,r '.G'% ^0;FAYETTEVILLE:� S ��/,/V G,aO1i►��` AGENDA REQUEST FOR: COUNCIL MEETING OF MARCH 19, 2013 FROM: PAUL BECKER, FINANCE DIRECTOR and KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §33.108 Compensation Relating To The Planning Commissioners APPROVED FOR AGENDA: `lou,,• w . ._ 3 - Finance Director Date (3 City Attorne Date f 0I : Ui ;(C4''U vYYv v FVIII• e eil C Departmental Correspondence av ARKANSAS Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley City Council Assistant City Attorney FROM: Kit Williams, City Attorney _ DATE: March 6, 2013 RE: Planning Commissioner Compensation Pursuant to the Resolution that the City Council passed unanimously on March 5, 2013, I have prepared an ordinance to amend the Fayetteville Code which had stated that the "members of the Planning Commission shall serve without compensation." To effectuate your Resolution, my proposed amendment would state that the Planning Commissioners shall be compensated at a monthly rate of $375.00. ORDINANCE NO. AN ORDINANCE TO AMEND §33.108 COMPENSATION RELATING TO THE PLANNING COMMISSIONERS AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fayetteville City Council passed a Resolution on March 5, 2013 requesting that Planning Commissioners be compensated in the amount of$375.00 monthly and requesting that the Administration prepare the necessary documents for this to be accomplished. 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 §33.108 Compensation of the Fayetteville Code by repealing it and enacting a replacement §33.108 at follows: "§33.108 Compensation The members of the Planning Commission shall be compensated in the amount of$375.00 for their service." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in order to pay this compensation. PASSED and APPROVED this 19th day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION State law reference(s)--Municipal 33.110 Appointment Procedures planning P th on e Planning commissions generally,A.C.A.,§15-56-401 et seq. When vacancies9 Commission occur because of resignation or term expiration, the city 33.106 Composition shall follow the following procedure: The Planning Commission ("commission") shall (A) The Rules of Order and Procedure, Fayetteville consist of nine members, all of who shall be citizens City Council, Revised and Adopted March !,4, of Fayetteville, and at least two-thirds of whom shall 2003, Section H, Citizens committees, as may be not hold any municipal office or appointment. No two amended from time to time, shall be incorporated members of the commission ("commissioners") shall and made a part hereof as if set forth word for be related by blood or marriage in the third degree, word. nor shall any two commissioners have direct financial involvement. All commissioners must disclose (B) The application form for appointment to city annually all real estate holdings in Fayetteville and the boards, commissions, and committees, as may Fayetteville planning area, and any business or be amended from time to time, is herein financial interest which could affect, or be affected by, incorporated and made a part of this ordinance. decisions of the commission. All commissioners shall Applicants shall describe their philosophy and have a demonstrated interest, experience, or approach to land use planning issues as they expertise in land use planning. impact the City of Fayetteville. (Code 1965, §2-81; Ord. No. 956, 9-12-49; Ord. No. 3872, §1,2-21-95;Code 1991,§33.106) (C) Applicants shall disclose all real estate holdings in Fayetteville and the Fayetteville planning area, State law references)--Appointment of members, and any business or financial interest which could A.C.A.§14-56-405. affect, or be affected by, decisions of the Planning Commission. 33.107 Terms Of Members Each commissioner, unless appointed to fill an (Ord.No.3872,§2,2-21-95;Code 1991,§33.110) unexpired term, shall be appointed to serve a term of State law references)--Appointment of membeYs, three years. Such terms shall be staggered, with A.C.A.§14-56-405. three commissioners being appointed each year. All terms shall begin on April 1. 33.111 Removal of Planning (Code 1965, §2-82; Ord. No. 1126, 3-25-57; Ord. No. 2404, Commissioners 12-6-77;Ord.No.3872 1,2-21-95;Code 1991,§33.107) By a vote of two-thirds of the City Council, any Planning Commissioner may be removed from the 33.108 Compensation office for cause. Cause shall include, but not be The members of the Planning Commission shall serve limited to,the following: without compensation. (A) Chronic discourteous behavior to other (Code 1965, §2-83; Ord. No. 956, 9-12-49; Code 1991, commissioners, staff, or members of the public.', §33.108;Ord.No.4892,06-20-06;Ord.5295,12-15-09) (B) Ongoing lack of familiarity with staff-prepared State law reference(s)--Compensation of members, material. A.C.A.§15-56-409. (C) Planning Commissioners must attend at least 33.109 Powers And Duties 60%of Agenda setting sessions and tours unless The Planning Commission shall have such powers that commissioner is currently on the Subdivisign and duties as are now or hereafter prescribed or Committee. If job requirements do not permit;a granted by state statute. member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be (Code 1965, §2-84; Ord. No. 956, 9-12-49; Code 1991, scheduled for after normal working hours or such §33.109) member shall be excused from the requirements of attending the agenda meetings and tours. State law reference(s)--Powers and duties of commission,A.C.A.§14-56-412. (D) Planning Commissioners shall serve on the Subdivision Committee for one-third of their CD33:14 � / T RESOLUTION NO. A RESOLUTION TO REQUEST THE ADMINISTRATION TO RESUME PAYING MONTHLY COMPENSATION TO THE FAYETTEVILLE PLANNING COMMISSIONERS WHEREAS, the Fayetteville Planning Commission has the most legal authority and impact upon the planning and development of the City of Fayetteville of any appointed city committee; and WHEREAS, the Fayetteville Planning Commissioners meet twice a month for their agenda session and tours and twice a month for Planning Commission meetings, and serve on the subdivision committee and ad hoc planning committees; and WHEREAS, the Planning Commission conducts public hearings to decide Conditional Use Permits, Large Scale Developments, Preliminary Plats, Variance requests and other Planning issues and to make recommendations to the City Council for Rezonings and Annexations; and WHEREAS, because of their very important positions and the extreme demands on their time to properly perform their positions as Planning Commissioners, the City Council had previously determined they should be compensated at a monthly rate of$375.00 which had to be ended when the Great Recession lowered the City's revenues in 2009; and WHEREAS, the City revenues have now recovered enough to renew compensating the Planning Commissioners. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Administration resume paying monthly compensation to the Planning Commissioners and bring whatever budget adjustment or other document which might be necessary to accomplish this to the City Council for its final decision. PASSED and APPROVED this 5t' day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville,Arkansas V12.0724 Budget Adjustment Form Budget Year Division: City Planning Request Date Adjustment Number 2013 Department: Development Services 3/5/2013 BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION Pay for planning commissioners beginning in March, 2013. Prepared By: Division Head Date Fell,Barbara Reference: udget biouector Date Budget& Research Use Only Type: A B C E P Department�Director Date `- cww 'CX - _ 3.6_2013 General Ledger Date Finance irector Date Posted to General Ledger Chi Staff Date initial Date Checked/Verified ayor Date Initial Date TOTAL BUDGET ADJUSTMENT 36,850 36,850 Increase/ (Decrease) Project.Sub Account Name Account Number Expense Revenue Number **ADD**Salaries and wages 1010.6305.5.100.00 33,750 - **ADD**FICA taxes 1010.6305.5105.00 3,100 Use of fund balance 1010.0001._4999.99 36.,850 H:\Budget\Budget Adjustments\2013_Budget\Barbara\Planning Commissioner Pay 1 Of 1 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS PA E NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTHEAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: RECEIVED CITY OF FAYETTEVILLE APR 0 9 2013 Ordinance No. 5572 I LERKFFY5OICET Was inserted in the regular edition of Northwest Arkansas Times on: March 28, 2013 FA FIDINANCE NO 5572 r' Publication Costs: $ 77.82 'COMMISSIONERS AND TO � APPROVE A BUDGET ADJUSTMEf�T nRKaNsas WHEREAS,the Fayetteville Clty Council pasted a,Resolutlon on,March;5 20th reguesting that Planning Conamissioners}ie Eom pensated in the amountof,$375 664,onthly and requesting that theAdmmisTratlon prepare the receasary documentsyfor this to be pIiVli OR, NOW,THEREFORE,BE IT ORDAINED BY THE OITIf THE CITSY OF FAYETTEVIL6E,AAKANSAS Karen Caler SeaUon 1 That th�,City Coungil.of th5 Ctity of Faye#eville Arkansas hereby mends§83,<108 Corripetton,of the Fayetteville GQde py repeating It and enactinga replacement§33108 at follows Subscribed and sworn to before me §s3,o3comr�ensaaoo This i day of G; 2013. The members of the Prning commisswn'Shan be odmpen`sated monthly.~the amount of$375.00 for their service Sedfion 2 'That the City Council of the=City of-Fayetteville•Arkansas hereby ' approJes`the`attached^tiudgefa'djustmeht in'order to Pay this compenstaon ;PASSED and APPROVED this 19th day of March 2013 a WAPPROVED ATTEST Notary Public I B ONELD JORDAN Mayor SONDRA E.SMITH CItygerkfrreasurer �< Exhlbds for this rice they ba viewed Ine office of the Clty ClerKfrreasiarer My Commission Expires: ��JAI� t . . , _ ., , say°al"� CATHY J.WILES Benton county _}�° � My commission Expires **Do Not Pay from Affidavit** '6��'h4%jINP February20.2014. **Invoice will be sent**