Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-48, Public Hearing, An Ordinance Amending Section 32.08(A) Purpose, Scope, and Applicability; Amending Section 32.80(B) Definitions; and Amending Section 32.80(E) Conduct of Public Hearing of the Code of Ordinances of the City of Port St. Lucie, Florida; Providing for Codification; Providing for Conflict; Providing for Severability; Providing an Effective Date.
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Submitted By: James D. Stokes, City Attorney
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): This text amendment to Section 32.80 of the City Code seeks to provide clarity to the quasi-judicial hearing process.
Presentation Information: City Attorney is available to answer questions, if needed.
Staff Recommendation: Move that the Council approve the text amendment to the Policies and Procedures for Quasi-Judicial Proceedings Ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and Approve the text amendment.
2. Move that the Council not approve and provide staff direction.
Background: The City desires to streamline the quasi-judicial hearing process to be consistent with other changes to public hearing procedures, including the practice of having the applicant present its request first, with city staff providing its opinion and recommendation, if any, thereafter. Also provides that the city file on the matter is presumed to be part of the official record; that staff’s position is strictly a recommendation and not meant to be a conclusive determination; and provides a process in the event an applicant fails to appear at the public hearing.
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: These changes are intended to be consistent with proposed changes to the Council Rules and the Resolution on the operation of all Boards & Committees, which will be presented on July 10, 2023. Any amendments to the language of this Ordinance can be made to ensure consistency with those items when they come forward.
Location of Project: N/A
Attachments: 1. Ordinance
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23160-04
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.