Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-35, Public Hearing, An Ordinance Amending Title III, “Administration”, Chapter 32 “Departments, Boards, and Commissions”, Article VII “Planning and Zoning Board”, Section 32.54 “Filling of Vacancies’ and Section 32.57 “Powers and Duties of the Code of Ordinances.
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Submitted By: Stephen Mayer, Planner III
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Amendment to Chapter 32 of the Code of Ordinances regarding the placement of members of the Planning and Zoning Board due to vacancy.
Presentation Information: Staff is available to answer questions.
Staff Recommendation: Move that the Council approve the Ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance.
2. Move that the Council deny the Ordinance and provide staff direction.
Background: The City Council has expressed a desire to modify the appointment process for the City’s Planning and Zoning Board (“Board”). Currently, Chapter 32.54 provides the following process for appointment of members to the Board:
Sec. 32.54. - Filling of vacancies.
Upon any vacancy on the planning and zoning board created either by action of the council or for any other reason, the planning and zoning board shall recommend to the city council, by a majority vote of the board, a replacement to fill the vacancy subject to the approval of the members of the city council.
Additionally, Section 32.57(b) of the Code grants the Board the power to adopt rules and regulations for its guidance. That provision currently states, “Rules and regulations. [The board has power to] [a]dopt rules and regulations for its guidance, provided the same are consistent with the ordinances of the city and applicable state laws.”
Issues/Analysis: In order to ensure that Council has ultimate authority over the governance of the Board, staff recommends that sections 32.54 of the Code is modified to remove the requirement that the Board interview potential Board members prior to City Council appointment. Staff also recommends modifying section 32.57(b) to require that any rules or regulations adopted by the Board are subject to City Council approval.
Financial Information: N/A
Special Consideration: N/A
Location of Project: N/A
Attachments: 1. Staff Report; 2. 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: 8011
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.