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Item 4IM E M O R A N D U M July 26, 2022 To: Honorable Mayor and City Council From: Ken Baker, AICP – Sr. Director of Planning & Development Services Subject: Item 4I – Ordinance 1228A, 1st Reading, amending Article V, “Boards, Commissions and Committees,” of Chapter 2, “Administration;” and Article XII, “Building Board of Appeals,” of Chapter 4.5, “Buildings and Building Regulations;” and Division 2, “Park and Recreation Board,” of Article III, “Boards,” of Chapter 12, “Parks and Recreation,” of the Southlake Code of Ordinances. Action Requested: The purpose of this item is to seek City Council’s approval of ordinance 1228A, which will clarify exactly which board, commission and committee chairpersons the Council will appoint, exempt the Planning and Zoning Commission from the term limit provisions of the ordinance, provide that each board, commission or committee will appoint its own vice chairperson, and clean up any conflicting language in the existing Code of Ordinances related to the appoint of a board, commission or committee chairperson. Background Information: (Please note that the term “board” in this memo refers to board, commission and committees) The Southlake City Charter prohibits individuals on Council from serving more than two successive elected terms, defined as an elected period of not more than three years. This provision has been in place since 1991. However, prior to the adoption of ordinance 1228 on June 2, 2020, no such provision related to term limits existed for individuals serving on City boards. Adoption of Ordinance 1228 provided that an individual may serve no more than three successive, two-year terms on any given board. This ordinance also established that Council will appoint board chairpersons, board terms be staggered, and board members who exceed the term limit may not be appointed to the same board in the year following the expiration of their final successive term. Finally, the ordinance added language to permit Council to appoint a board chairperson to serve an additional term beyond what was permitted for other board members. Per Council’s direction and to improve the application of the ordinance across all City boards, the following amendments to ordinance 1228 are proposed: •Provide language which exempts the Planning and Zoning Commission from the term limit requirements; • Provide a specific list of the boards in which the Council will appoint a chairperson; • Provide language that indicates that the Council will appoint the vice chairperson only for the Zoning Board of Adjustment (required by the Zoning Ordinance); • Provide language that with the exception of the Zoning Board of Adjustment, members of the various boards (not City Council) shall select its vice chairperson by majority vote; and • Eliminate any existing conflicting current code language related to appointments of board chairpersons. The following is the proposed list of the boards in which the Council will appoint the chairperson: • Building Board of Appeals. • Capital Improvements Advisory Committee (Appointment only made by City Council if the Planning and Zoning Commission is not serving as the Capital Improvements Advisory Committee) • Library Board • Parks and Recreation Board • Southlake Alliance for Community Engagement • Senior Advisory Commission • Southlake Arts Council • Southlake Parks Development Corporation • Tax Increment Reinvestment Board • Zoning Board of Adjustment The Planning and Zoning Commission, Community Enhancement and Development Corporation, and Crime Control and Prevention District boards are not listed because either the City Charter or State Law regulates the appointment of the chairperson to these boards. Also under the ordinance proposal, the recommendation is that Council not appoint chairperson for the Southlake Youth Action Commission or Corridor Planning Committee due to the somewhat unique nature of these boards in terms meeting frequency and operation. The list above also reflects the pending approvals of Ordinance No. 1263 (Item 4H on the agenda) which creates the “Southlake Alliance for Community Engagement” board and Resolution 22-022 (Item 4G on the agenda) which dissolves the “Community Engagement Committee” and the “Mayors Alliance for Unity and Culture”. The staff audio PowerPoint presentation included in the packet provides further details for the various proposed ordinance amendments. Financial Considerations: There are no direct financial impacts from the passage of this ordinance. Strategic Link: C-5 – Promote opportunities for partnership and volunteer involvement. Citizen Input/ Board Review: N/A Legal Review: The ordinance was drafted by the City Attorney’s Office. Alternatives: City Council may: 1) pass the ordinance as presented, 2) modify the ordinance provisions, or 3) decide not to move forward. Supporting Documents: Ordinance No. 1228A Staff Recommendation: Staff recommends approving the ordinance. KMB/kmb ORDINANCE NO. 1228A AN ORDINANCE AMENDING ARTICLE V, “BOARDS, COMMISSIONS AND COMMITTEES,” OF CHAPTER 2, “ADMINISTRATION;” AND ARTICLE XII, “BUILDING BOARD OF APPEALS,” OF CHAPTER 4.5, “BUILDINGS AND BUILDING REGULATIONS;” AND DIVISION 2, “PARK AND RECREATION BOARD,” OF ARTICLE III, “BOARDS,” OF CHAPTER 12, “PARKS AND RECREATION,” OF THE SOUTHLAKE CODE OF ORDINANCES TO PROVIDE CONSISTENCY IN THE GOVERNING PROVISIONS FOR BOARDS, COMMISSIONS, AND COMMITTEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City has previously enacted ordinances creating various boards, commissions, and committees; and WHEREAS, these boards, commissions, and committees advise the City Council on matters related to City policies, planning and programming, and/or fulfill statutory responsibilities of the City; and WHEREAS, the City Council has previously enacted an ordinance regulating the operation of the boards, commissions, and committees by establishing term limits and procedures for appointing the chairperson of all boards, commissions, and committees; and WHEREAS, the City Council now deems it advisable and necessary to update and the ordinances for individual boards, commissions, and committees for consistency with that ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1. Division 1, “Generally,” of Article V “Boards, Commissions and Committees,” of Chapter 2, “Administration,” is hereby amended to read as follows: “Sec. 2.152. – Terms of office. (a) Each member of a city board, commission, or committee appointed after June 2, 2021, unless otherwise provided by subsection (b) hereof, or state l aw, the City Charter, the Code of Ordinances, shall serve for a term of office to commence upon the date of appointment by the city council and to continue for a term of two (2) years, and until the board member’s successor is appointed and qualified. Three (3) members shall be appointed each even numbered year. The remaining four (4) members shall be appointed each odd numbered year. (1) With the exception of the Planning and Zoning Commission, n o board, commission, or committee member may serve on the same b oard, commission, or committee for more than three consecutive two-year terms. (2) After completion of their term, a board, commission, or committee member may be immediately appointed to serve on a different board, commission, or committee. (3) Any alternate member of a city board, commission, or committee’s term, for the purpose of term limits, does not begin until appointed as a full member to the board, commission, or committee. (b) Unless otherwise provided by state law, the City Charter, or the Code of Ordinances, the City Council shall appoint a member to fill a vacancy on a board, commission, or committee. A member appointed to fill a vacant place on a board, commission, or committee shall serve for the length of the unexpired term. (c) In the event a Council member’s office becomes vacant, the vacancy will have no effect on the board, commission, or committee member appropriately appointed to the corresponding place. Sec. 2.153. – Removal from boards. Members of boards, commissions, and committees, unless specifically provided otherwise by state law, the City Charter, or the Code of Ordinances, shall serve at the will and pleasure of the City Council, and may be removed from office in accordanc e with the City Charter. Sec. 2.154. – Appointment of chairperson. (a) Unless otherwise provided by state law or the City Charter, in making appointments, the City Council shall name one appointee as chairperson for each board, commission, and committee listed in Sec. 2.155- Boards. The City Council shall also name one appointee the vice chairperson for the Zoning Board of Adjustment. (b) A board, commission, or committee member who serves any term as chairperson may be appointed to serve a fourth consecutive two-year term on the same board, commission, or committee. (c) With the exception of the Zoning Board of Adjustment, members of boards, commissions, and committees, unless specifically provided otherwise by state law, ordinance or City Charter, shall select a vice chair by majority vote at the first available meeting following the appointment of a chairperson by the City Council or when a vacancy in the position exists. Sec. 2.155. – Boards. The City Council will appoint chairpersons to the following boards, commissions, and committees. The City Council shall also name one appointee the vice chairperson for the Zoning Board of Adjustment. This provision shall supersede any ordinance or resolution previously adopted by the City pertaining the listed boards, comm issions, and committees. (a) Building Board of Appeals. (b) Capital Improvements Advisory Committee (Appointment only made by City Council if the Planning and Zoning Commission is not serving as the Capital Improvements Advisory Committee) (c) Library Board (d) Parks and Recreation Board (e) Southlake Alliance for Community Engagement (f) Senior Advisory Commission (g) Southlake Arts Council (h) Southlake Parks Development Corporation (i) Tax Increment Reinvestment Board (j) Zoning Board of Adjustment Section 2. Division 4, “Senior Advisory Commission;” Division 5, “Library Board;” and Division 6, “Southlake Arts Council,” of Article V, “Boards, Commissions, and Committees,” of Chapter 2, “Administration,” are hereby amended to read as follows: Secs. 2-223 – 2-240. – Reserved. DIVISION 4. – SENIOR ADVISORY COMMISSION *** Sec. 2-242. – Number, qualifications, and terms. (a) The senior advisory commission shall consist of seven citizens of the City, who must be at least 55 years of age. An exception may be made at the discretion of City Council to appoint no more than two members under the age of 55 who have either education and/or experience that is deemed beneficial to the senior advisory commission. (1) Interested residents of the City who meet the above requirements shall submit an application to the city secretary. (2) The appointment process shall be consistent with the City Council interview procedure for other boards and commissions. (b) The City Council shall appoint the seven members of the senior advisory commission. (c) The City Council shall also appoint two persons to serve as alternate members. Such members shall meet the qualifications for the senior advisory commission, shall attend meetings, shall serve for a term of one year from the date of appointment, and shall not be entitled to vote unless they are sitting in for an absent senior advisory commission member. Sec. 2-243. – Senior advisory commission meetings and bylaws. (a) At the first regular session following the appointment of new board members by the City Council, the senior advisory commission shall select from the members a secretary for two-year terms and until their successors are appointed. (b) The senior advisory commission shall adopt bylaws to govern the holding of its meetings that, at a minimum, shall encompass the following: (1) Regular meetings shall be held once per month; (2) Manner of holding and calling special meetings; (3) Majority of members shall constitute a quorum; (4) Members not planning to attend a regular meeting or special meeting shall notify the chairman of the senior advisory commission or the designated city staff by 12:00 noon of the meeting day; (5) Any member, or alternate member, with an unexcused absence from three consecutive regular meetings or not exhibiting interest in the work of the senior advisory commission shall be reported to the City Council which may, at its discretion, remove the commission member and appoint a replacement; and (6) Minutes of each senior advisory commission meeting shall be filed with the city secretary and distributed to members of the City Council. *** DIVISION 5. – LIBRARY BOARD *** Sec. 2-252. – Number of board members and qualifications. (a) The library board shall consist of seven citizens of the City, who shall serve without compensation. Places on the board shall be numbered one through seven. (b) The City Council, if it deems it desirable, may appoint ex officio members to the board. Such ex officio members shall be appointed on an annual basis and the term of such ex officio members shall be one year from the date of appointment. Such ex officio members shall have no voting authority. Sec. 2-253. – Board meetings and bylaws. The library board shall adopt bylaws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month; (2) Manner of holding and calling of special meetings; (3) Majority of members shall constitute a quorum; (4) Members not planning to attend a regular meeting or special meeting shall notify the city secretary or the chair of the board by 12:00 o’clock noon of the meeting day; (5) Any member with unexcused absences from two consecutive meetings or not exhibiting interest in the work of the board shall be reported to the City Council, which may, at its discretion, remove the board member and appoint a replacement; and (6) Minutes of each board meeting shall be filed with the city secretary. *** DIVISION 6. – SOUTHLAKE ARTS COUNCIL *** Sec. 2-256. – Number of members and qualifications; alternate and ex-officio members. (a) The arts council shall consist of seven regular members appointed by the City Council. Each member shall be a citizen of the City at all times while serving on the arts council. Places on the arts council shall be numbered one through seven. Members shall serve without compensation. (b) In addition to the regular members, the City Council may appoint up to three citizens of the City as alternate members who shall serve in the absence of one or more regular members. Alternate members may be appointed at any time regular members are appointed and there is a vacancy. Alternates shall be appointed for two-year terms. The city staff secretary who is assigned to perform work for the arts council shall notify alternate members when they are needed to serve in the place of absent members. In the absence of one or more regular members, the alternate member with the most seniority and who is present shall sit as regular member, so that the full number of members shall be able to participate. (c) The City Council may also appoint ex-officio members to serve as nonvoting advisors to the arts council. Such ex-officio members may include, but are not limited, to the design architect and/or engineer, or the city’s project manager. Ex- officio members are not required to be citizens of the City. Sec. 2-257. – Meetings and bylaws. (a) As soon as practical after the appointment of new arts council members by the City Council, the arts council shall elect from its members a secretary to serve until the next annual appointment of new arts council members. (b) Meetings of the arts council shall comply with Chapter 551, Texas Government Code, the Open Meetings Act. (c) The arts council shall adopt bylaws to govern the holding of its meetings, which, at a minimum, shall include the following: (1) Schedule for holding of regular meetings; (2) Manner of holding and calling special meetings; (3) Majority of members shall constitute a quorum; (4) Members not planning to attend a regular meeting or special meeting shall notify the chair of the arts council and the city staff secretary who is assigned to perform work for the arts council by 12:00 o’clock noon of the day proceeding the meeting day; (5) Any member with unexcused absences from two consecutive regular meetings or not exhibiting interest in the work of the arts council shall be reported to the City Council, which may, at its discretion, remove the member and appoint a replacement; and (6) Minutes of each meeting of the arts council shall be filed with the city secretary. ***” Section 2. Article XII, “Building Board of Appeals,” of Chapter 4.5, “Buildings and Building Regulations,” is hereby amended to read as follows: “ARTICLE XII. – BUILDING BOARD OF APPEALS Sec. 4.5-236. – Creation. A building board of appeals, referred to in this Article as “the board,” is hereby created to accomplish the purposes and perform functions set forth in this Article. Unless stated otherwise in this Article, the board shall be organized and governed in accordance with Division 1 of Chapter 2 of the City Code of Ordinances. Sec. 4.5-237. – Appointment and terms. (a) The board shall be composed of five members to be appointed by the City Council to places numbered one through five. (b) The City Council shall appoint two alternate members to places numbered six and seven, who shall serve in the absence of one or more regular members. Alternate members must meet the same qualifications as regular board members. An alternate member has voting privileges only when sitting in for an absent member. (c) The terms of odd numbered members places shall expire in the odd numbered years and the terms of even numbered place s shall expire in even numbered years. (d) Newly appointed members shall be installed at the first regular board meeting after their appointment. (e) The building official shall be an ex-officio member of and shall act as secretary to the board, but shall have no vote on any matter before the board. *** Sec. 4.5-239. – Organization. The board shall meet when required to carry out the duties established by this Article. The board shall adopt its own rules and procedures and shall keep records of its proceedings consistent with the provisions of this Article and the requirements of law. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its decisions and other official actions. All minutes shall be filed in the office of the city secretary and kept as public records. ***” Section 3. Division 2, “Park and Recreation Board,” of Article III, “Boards,” of Chapter 12, “Parks and Recreation,” is hereby amended to read as follows: “DIVISION 2. – PARK AND RECREATION BOARD Sec. 12-76. – Creation. There is hereby established the park and recreation board for the City, hereinafter referred to as “the board.” Unless stated otherwise in this Division, the board shall be organized and governed in accordance with Division 1 of Chapter 2 of the City Code of Ordinances. Sec. 12-77. – Number of board members and qualifications. The board shall consist of nine citizens of the City who shall be appointed by the City Council. Places on the board shall be numbered one through nine. The terms of odd numbered members places shall expire in the odd numbered years and the terms of even numbered places shall expire in even numbered years. Members shall se rve without compensation. Sec. 12-78. – Meetings and bylaws. (a) As soon as practicable after the annual appointment of new board members by the City Council, the board shall select from the members a secretary to serve until the next annual election. (b) The board shall adopt bylaws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (1) Regular meetings shall be held on the second Monday of each month; (2) Manner of holding and calling of special meetings; (3) Majority of members shall constitute a quorum; (4) Members not planning to attend a regular meeting or special meeting shall notify the city secretary or the chairman of the board by 12:00 o’clock noon of the meeting day; (5) Any member with unexcused absences from two consecutive regular meetings or not exhibiting interest in the work of the board shall be reported to the City Council which may, at its direction, remove the board member and appoint a replacement; and (6) Minutes of each board meeting shall be filed with the city secretary. ***” Section 4. Severability It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provision of such ordinances and such Code are hereby repealed. Section 6. Savings Clause All rights and remedies of the City of Southlake are expressly saved as to any and all violation of the provisions of the Code of Ordinances of the City of Southla ke, as amended, relating to boards and commissions or any other ordinances affecting alarm systems which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and crimina l, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 7. Publication The city secretary of the City of Southlake is hereby directed to publish this ordinance to the extent required by law. Section 8. Effective Date This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ______ DAY OF __________________, 2022. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________, 2022. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY EFFECTIVE: ____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________________ CITY ATTORNEY