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Item 7A - MemoCITY OF SOUTHLAKE MEMORANDUM December 5, 2023 To: Honorable Mayor and City Council From: Robert Briggs, Operations Manager, Special Projects Subject: Item 7A — Ordinance 1228B, 1st Reading, Amending Article V, "Boards, Commissions and Committees," of Chapter 2, "Administration;" Amending Article XII, "Building Board of Appeals," of Chapter 4.5, "Buildings and Building Regulations;" Article III, "Boards," and Article IV, "Parks and Development Corporation," of Chapter 12, "Parks and Recreation," of the Southlake Code of Ordinances to update provisions and locate provisions for all City Boards, Commission or Committees in Chapter 2, Article 5 of the Code of Ordinances and to provide consistency in the Governing Provisions for Boards, Commissions and Committees. Action Requested: The purpose of this item is to seek the City Council's approval (15t reading) of ordinance 122813, which amends the Southlake Code of Ordinances to standardize procedures and appointments and codify provisions in the Southlake City Code pertaining to all nineteen (19) City boards, commissions, and committees. Currently, only eight (8) boards, commissions or committees' provisions are codified in the City Code. Also, the amendment will result in locating the provisions for all boards, commissions, and committees into one centralized section in the City Code (Chapter 2, Article 5). Background Information: The City of Southlake has a long-established tradition of encouraging its citizens to participate in the governmental process and has created nineteen (19) various boards, commissions, and committees to advise the City Council on matters related to City policies, planning, and programming or to fulfill statutory responsibilities. Southlake residents are appointed to these boards, commissions, and committees by the City Council. Annually, in June and in October, the City Council appoints members and if required alternate members to its boards, commissions, and committees. The City Council also appoints officers, such as the chair, to some City boards, commissions, and committees. Typically, appointed members serve two-year terms. However, a few boards, commissions, or committees have a 1-year or 3-year term. Each board, commission, or committee in the City was established by an ordinance or resolution adopted by the City Council. These ordinances or resolutions provide provisions that establish the purpose, officers, number of members, qualifications, terms, conditions, and duties of each board, commission, or committee. Currently, regulations for only eight (8) of the City's nineteen (19) boards, commissions, or committees are Honorable Mayor and City Council Ordinance 1228-B Page 2 of 19 codified in the Southlake City Code. The remainder of the boards, commissions, or committees operate from a stand-alone ordinance or resolution. (Codification is the process of consolidating legislation or regulations of a general and permanent nature and organizing it into a logical and sequential code of ordinances. For the purposes of this memo/item, codification refers to locating all board, commission, or committee provisions into a single section of the Southlake Code of Ordinances). One of the main desired outcomes of this ordinance amendment is to update and codify all board, commission, and committee ordinances into the Southlake Code of Ordinances. Many of the board, commission, and committee ordinances have not been updated in several years and this ordinance amendment will ensure that boards are operating consistently with State law and the approved Boards and Commissions manual. Also, locating all City board, commission, and committee provisions in a single location in the Southlake Code of Ordinances allows for an easy and centralized reference point for the staff, which helps to ensure board operations are consistent with adopted ordinances. More specifically the codification of all the board, commission, and committee ordinances will result in the following: • Locating requirements for boards, commissions, and committees in a single section of the Code of Ordinances makes it easier for the staff liaison, members, or interested parties to locate information. • Ensuring that boards, commissions, and committees are conducting business consistent with State law, ordinances, charter, current bylaws, and the City's Board and Commission Manual. • Standardizing and clarifying appointment cycles, procedures, and requirements (particularly related to officers) for all City boards, commissions, and committees. • Clarifying all boards, commissions, and committees' functions and operations and ensuring consistency with established bylaws or rules of procedure. The following section of the memo summarizes the major changes to the ordinance by section. Section 1 - Division — 1 — "Generally" (Sec. 2-152 throuah Sec. 2-155 This section of the ordinance provides provisions that apply to all boards, commissions, and committees in terms of office, removal from the board, and appointment of the officers, particularly the chair. The focus of the revisions in this section are intended to ensure that all boards, commissions, and committees are: • Appointing members and officers on a defined schedule, Honorable Mayor and City Council Ordinance 1228-B Page 3 of 19 • Operating and functioning in a manner in accordance with State law, ordinances and bylaws, • Clarifying alternate members' roles and responsibilities, and • Ensuring that members receive all proper training before participating in a meeting. Sec. 2.152 (b) - The current ordinance addresses the appointment cycle as it relates to seven -member boards. However, board, commission, and committee membership may range from a minimum of four members up to a maximum of twelve members. As such the revised ordinance provision reads "A simple majority of the board, commission, or committee members (not including alternate members) shall be appointed in the odd year and the remaining members in even years. Boards, commissions, or committees with an even number of members will appoint 50% of the members in an odd year and 50% of the members in an even year". The new wording is consistent with the current appointment cycle ordinance wording in terms of a majority of the members being appointed in an odd - numbered year and a minority of the members in the even -numbered year. The new wording will address boards with more or less than seven members and boards with an even -numbered membership. Alternate member appointments will occur in accordance with the applicable sections for that specific board, commission, or committee. There are a few boards, commissions, or committees that have a unique appointment cycle due to the Charter or State law. In these cases, the appointment cycles are specifically outlined in that boards, commissions or committees' ordinance provisions. Sec. 2.152 (b) (2) — A provision was added that clarifies that a board, commission, or committee member may serve on more than one board, commission, or committee at the same time, which reflects the current practice. A provision was also added to this section that indicates a board, commission or committee member can be appointed to multiple task forces by the City Council. Sec. 2.152 (e) — In order to more easily track a member's appointment term, the following provision was added: "Places on all boards, commissions, or committees except for the Southlake Youth Commission, Metroport Teen Court Board, and the Corridor Planning Committee shall be sequentially numbered and correspond with the number of regular members appointed (e.g., Places 1 — 7)". Many of the boards, commissions, and committees already assign the member a place number. This new provision would standardize this practice across all boards, commissions, and committees. For example, members of the Alliance for Community Engagement would be assigned places 1 through 12 since there are twelve members. Planning and Zoning Commission members would be assigned places 1 through 7 since there are seven members. The Southlake Youth Commission was exempted from the provision as the City Council Honorable Mayor and City Council Ordinance 1228-B Page 4 of 19 does not appoint members to this commission. The Corridor Planning Committee (CPC) was exempted from the provision as terms on the CPC committee correspond to the member's primary board, commission, or committee appointment. The Metroport Teen Court Board was exempted from the provision as this board has representatives from four various cities (Southlake, Keller, Grapevine, and Colleyville), and assigning a place number to these board members would have to be agreed upon by each jurisdiction. • Sec. 2.152 (f & g) — These new provisions clarify the role of the alternate member for each board, commission, and committee in that alternate members can participate in all meetings but cannot vote when all regular voting members are present. A new regulation was added to the ordinance that in the event of an absence, disqualification, resignation, or removal of a regular member at a meeting, the alternate member who is assigned with the highest numerical position (e.g., Alternate #1) and who is present shall be seated as a regular member. Once seated as a regular member an alternate can vote on a matter before the board, commission or committee. • Sec 2.152 (h - j) — The new ordinance clarifies the term expiration for each of the boards, commissions, and committees. Most board terms will either expire in June or October and reflect the City Council's current member appointment schedule. Two boards (Crime Control and Prevention District and the Community Enhancement Development Corporation) have specific term expiration dates that were determined by State law or Articles of Incorporation. Terms for some boards, commissions, or committees correspond with the appointment terms of the primary board, commission, or committee serving as that board, commission, or committee. For instance, the Planning and Zoning Commission serves as the Sign Board. As such the terms for office of the Sign Board will coincide with appointment terms for the Planning and Zoning Commission members. • Sec. 2.152 (k - 1) — The new ordinance language requires that within 30 days after the appointment of a new member to any board, commission, or committee or prior to the first time that a new member participates in a meeting (except for the Southlake Youth Action Commission members), the new member shall complete the orientation and training requirements outlined in the City's Board and Commission Manual. Also, a provision was added that all boards, commissions, or committees shall serve in accordance with the provisions of the approved Board and Commission Manual. • Sec. 2.152 (m - q) — Provides new language that requires all boards, commissions, and committees to adhere to the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, the conflict -of -interest ordinance, and State law. While all boards, commissions, and committees are currently adhering to all these requirements, the language is now codified in the ordinance. Also, the ordinance now requires all boards, commissions, and Honorable Mayor and City Council Ordinance 1228-B Page 5 of 19 committees to file official minutes with the City Secretary. This is a current practice but not currently codified ordinance language. Also, a provision was added that members and alternates not planning to attend a regular meeting or special meeting are to notify the staff liaison or the chair of the board, commission, or committee by 12:00 pm (noon). Division — 1 — 2.153 — Removal of members from boards, commissions, or committees and reoortina of member absences. Sec. 2-153 (a) - A provision was added to the ordinance that all board, commission, and committee members may be removed by the City Council and serve at the will and pleasure of City Council. Sec. 2-153 (b) - Currently, many of the boards, commissions, and committees' bylaws state that a member should be reported to the City Council with two unexcused absences. For a few of the boards, commissions, or committees the number is three unexcused absences before a member is reported to the City Council. In a staff discussion regarding these bylaw provisions, it was believed that the reporting of a member's absence to the City Council should be standardized for all City boards, commissions, and committees. It was also discussed that since board guidelines have not been established to evaluate if an absence is "excused" or "unexcused", it is the staff's position that it would be more efficient to have the staff liaison simply report two consecutive absences to City Council regardless of the reason for the absence. This eliminates the need to determine if the absence is deemed excused or unexcused. The Southlake Youth Commission and the Corridor Planning Committee are exempt from this requirement due to the unique nature of these boards. The following language was added "Any member, or alternate of a board, commission or committee with absences from two (2) consecutive regular meetings, except for the Southlake Youth Action Committee or the Corridor Planning Committee, shall be reported to City Council. The City Council may, at its discretion, remove a board, commission or committee member and appoint a replacement". Sec. 2-153 (c) - A provision was added that the removal of a Zoning Board of Adjustment (ZBA) member by the City Council must adhere to the procedure outlined in the Texas Local Government Code Section 211.008 (b), as amended. The City Council may only remove a ZBA member for cause on a written charge after a public hearing. This language was added because the removal of a ZBA member is a unique process outlined in State law. Sec 2-153 (d) - A provision was added to this section that any Planning and Zoning (PZ) Commission member forfeits their office if they fail to attend two (2) consecutive regular meetings of the Commission without being excused by the City Council at a regularly scheduled meeting. This reflects the language currently provided in the City Charter. This provision was added to the ordinance in the general section due to the PZ Commission members being the only board, Honorable Mayor and City Council Ordinance 1228-B Page 6 of 19 commission, or committee members subject to a requirement to have their absences excused by the City Council. Division — 1 — 2.155 — Board Appointments The following summarizes the boards, commissions, and committees that the City Council will appoint the chair. • Sec. 2.155 (a) The revised provisions City Council will appoint the chair or president to the following boards. In addition, the City Council will appoint the vice chair to the Zoning Board of Adjustment per Section 44 of the Zoning Ordinance. (1) Building Board of Appeals; (2) Library Board; (3) Parks and Recreation Board; (4) Alliance for Community Engagement; (5) Senior Advisory Commission; (6) Southlake Arts Council; (7) Southlake Parks Development Corporation (President); (8) Zoning Board of Adjustment (Officers and members of the Zoning Board of Adjustment will hold the same position on the Tree Board and the Airport Board of Adjustment as the Zoning Board of Adjustment constitutes these two boards); and (9) Tax Increment Reinvestment Board In addition, the City Council would appoint the chair of the Capital Improvements Advisory Committee only if the Planning and Zoning Commission did not serve as this committee. In Southlake, the Planning and Zoning Commission has always served as the Capital Improvements Advisory Committee by meeting membership qualifications as outlined in Sec. 395.058 of the Texas Local Government Code which allows the Planning and Zoning Commission to serve as this board if at least one member of the Commission have experience in the real estate, development, or building industry. Another revision is that the City Council will no longer select the vice chair of the Alliance for Community Engagement (ACE) Committee. In the prior ordinance, the City Council selected the vice chair of this committee. Having the City Council select the ACE vice chair was not the original intent of the ordinance and having the ACE Committee select the vice chair instead of the City Council will provide procedural consistency in terms of officer appointments with most other boards, commissions, or committees (Wording deleted from existing ordinance). Sec 2-155 (c) -The City Council will not appoint chairs or any officers to the following boards, commissions, or committees due to preemption by State law, City charter, or general operation. These boards, commissions, or committees are listed below and background is provided on why the City Council does not appoint the chair or any officers to these boards. Honorable Mayor and City Council Ordinance 1228-B Page 7 of 19 (1) Planning and Zoning (PZ) Commission. The Southlake Charter Section 11.03 states that the Commission shall annually elect a Chairman from its membership. (Please note that the officers and members of the PZ Commission will hold the same position on the Sign Board and the Capital Improvements Advisory Committee as the Planning and Zoning Commission constitutes these two boards). (2) Southlake Youth Action Commission (SYAC). The SYAC is appointed by the Community Services Department and not the City Council. The current ordinance (Code of Ordinances Sec 2-220) for this commission and the bylaws both indicate that the SYAC shall appoint its own chair and vice chair. Because the City Council does not appoint the SYAC members it is recommended that the current procedure for the appointment of SYAC officers by the commission remain in place. (3) Crime Control and Prevention Board. The Texas Local Government Code section 363.101 states that the CCPD board shall elect from among its members a president and vice president. The board shall appoint a secretary. The secretary need not be a director. The person who performs the duties of auditor for the political subdivision shall serve as treasurer for the district. As such the City Council is preempted by State law from appointing officers to this board. (4) Metroport Teen Court. As this board consists of representatives from various cities (Southlake, Colleyville, Keller, and Grapevine), the officers are appointed by the board instead of the City Council due to the multi -jurisdictional representation of members. (5) Corridor Planning Committee. The Corridor Planning Committee is structured to be advisory in nature related to development issues and does not vote on any matters. Since the inception of the committee in 2016, there have not been any officers appointed to this committee. The ordinance has been structured such that any member of the committee can serve as a chair for an individual meeting and the chair can rotate from meeting to meeting. This reflects the current practice of the committee. (6) Community Enhancement Development Corporation. The Texas Local Government Code Section 504.052 requires that the corporation appoint its own officers. This is also reflected in the corporation's current bylaws. As such the City Council is preempted by State law from appointing officers to this board. Sec. 2-155 (d) - A new provision has been added in this section of the ordinance that provides the City Council the ability to assign additional responsibilities or duties in addition to the fundamental duties of any board, commission, or committee if these responsibilities or duties are consistent with the State law, ordinance, or City Charter. For example, the City Council can assign a board, committee, or commission a Honorable Mayor and City Council Ordinance 1228-B Page 8 of 19 special project or request it to make a recommendation on a particular matter or issue. The following provides a brief overview and summarizes the ordinance regulations, particularly any significant changes for each board, commission, or committee. As mentioned earlier, most of the City's boards, commissions, or committees were not previously codified in the Southlake City Code. DIVISION 2. (Sections 2.156 - 2.167 — ALLIANCE FOR COMMUNITY ENGAGEMENT (ACE) There are 12 members appointed to the ACE committee by the City Council. This committee was created to foster meaningful communication and engagement between the community and the City of Southlake to strengthen municipal transparency, public involvement, and collaboration, and to enhance community spirit. The ACE committee was created in August of 2022 with the adoption of Ordinance 1263 and is currently codified into the Southlake Code of Ordinances. Changes to the ordinance with this amendment include: • Revises to read that the vice chair is now appointed by the commission versus the City Council making the appointment. • Removes many of the regulations related to open meetings, minutes, etc. These regulations are now found in the general provisions for all boards, commissions, or committees (Sec 2-152). Clarifies that six members of the committee will be appointed in the odd years and six members appointed in the even years. Also, members appointed in the odd year will receive an odd "place" number and those members appointed in an even year will receive an even "place" number. DIVISION 3. (Sections 2.168 - 2.180 — SOUTHLAKE YOUTH ACTION COMMISSION (SYAC) The SYAC consists of seven students and an unlimited number of alternates enrolled in the ninth through twelfth grades that reside in the City of Southlake or attend Carroll Independent School District (CISD). The SYAC was created to generate broad -based public awareness of and support for youth and to serve as a vehicle to familiarize the youth of Southlake with the governance process in municipal government. The SYAC ordinance is currently codified in the City Code of Ordinances. The City Council does not appoint student members to the commission. Applications are received and appointments are through the Community Services Department. Changes to the ordinance with this amendment include: Honorable Mayor and City Council Ordinance 1228-B Page 9 of 19 • Amends the ordinance to reflect current commission operations and bylaws which included clarifying the grade levels (9th through 12th grades) that can participate on the commission and the manner in which officers and alternates are appointed. The current ordinance indicates the 7t1 through 12th grade can participate on the commission. • Clarifies that members and alternates are appointed to the Commission by the Community Services Director or appointee following the submission of an application to the City at the beginning of each school year. • Clarifies that since the City Council does not appoint members to this committee and that meeting absences of members or alternates are not reported to the City Council (General Provision). • Clarifies that the first meeting of the year is in October and that officers of the commission are selected at that second meeting of the year, which is typically in November. Currently, the ordinance reads that the SYAC shall select from the members, at the last regular session of each year, a chairperson, and vice chairperson, for one-year terms or until their successors are elected. The revised wording will reflect the current practice of the SYAC. DIVISION 4. (Sections 2.181 - 2.190 —SENIOR ADVISORY COMMISSION) There are seven members and two alternates appointed to the commission by the City Council. The Senior Advisory Commission advises the City Council on issues important to Southlake's senior citizen population, including Senior Activity Center programs, policies, and operations. The Senior Advisory Commission ordinance is currently codified into the Southlake Code of Ordinances. Changes to the ordinance with this amendment include. • Clarifies that the terms for alternate members shall be two years. Previous terms for alternate members were one year. This change makes the term limits for alternates consistent with other boards. • Clarifies that an officer's appointment to this board shall be for a one- year period. DIVISION 5. (Sections 2.191 - 2.194 —LIBRARY BOARD) There are seven members on this board appointed by the City Council. In addition, the City Council can appoint ex-officio members to the board. The Board is to act as an advisory board to the City Council relating to the nature of library facility planning and programming. The Library Board ordinance is currently codified into the Southlake Code of Ordinances. Changes to the ordinance with this amendment include. Honorable Mayor and City Council Ordinance 1228-B Page 10 of 19 • Clarifies that a meeting quorum requires 4 regular members to be present. DIVISION 6. (Sections 2.195 - 2.198 — SOUTHLAKE ARTS COUNCIL Seven members are appointed to the Arts Council by the City Council. In addition, the City Council can appoint up to three alternate members and an ex-officio member to the Council. The Arts Council advises the City Council on all matters related to public art in Southlake. The Arts Council seeks to align all public art initiatives in Southlake with resident and City Council priorities and heads several arts -related programs throughout the year. The Arts Council ordinance is currently codified into the Southlake Code of Ordinances. Changes to the existing ordinance with this amendment include. • Removes the following duties of the board. (1) Development of a building program, construction budget, and budget priorities for a performing arts center. (2) Selection of professionals to assist in the design, development, and construction of a performing arts center. • Removes the provision that the senior alternate member would serve first as a regular member in the case of an absence of a regular member from the council. All boards with appointed alternate members will now follow Sec 2-152 (g) which states that the alternate member assigned with the highest numerical position (e.g., Alternate #1) and who is present shall be seated as a regular member. • Removes provisions that alternate members are notified by the Arts Council secretary when they are needed at the meeting. Alternate members are now expected to attend and participate in all meetings as outlined in Sec. 2-152 (f) of the ordinance. DIVISION 7. (Sections 2.199 - 2.200 — ZONING BOARD OF ADJUSTMENT - ZBA) Five members and four alternate members are appointed by the City Council to the ZBA. The ZBA is a quasi-judicial board that shall have all powers and duties granted by the Southlake Zoning Ordinance 480, as amended (Section 44) and by Sections 211.008-211.011, Texas Local Government Code, and shall be governed by same. The Zoning Board of Adjustment ordinance is currently not codified into the Southlake Code of Ordinances but is in the City's zoning ordinance. The ordinance amendment provides the following: • Provides regulations regarding the number of members, appointment cycles, officers, and procedures for removing members. Honorable Mayor and City Council Ordinance 1228-B Page 11 of 19 • Provides a regulation that a ZBA member can only be removed from office by the City Council for cause upon written charges and after a public hearing per the Texas Local Government Code. • Provides language indicating the board will also serve as the Tree Board and the Airport Board of Adjustment and the officers on the ZBA will hold the same position on these two boards. • Outlines duties, responsibilities, and proceedings of the board. DIVISION 8. (Sections 2.201 -2.203 —AIRPORT ZONING BOARD OF ADJUSTMENT The Zoning Board of Adjustment serves as the Airport Zoning Board of Adjustment. This board was created to hear and decide appeals made to the administrative official decisions, hear, and consider special exceptions, and hear and consider variances related to the Airport Compatible Land Use Zoning Ordinance No. 479. The Airport Zoning Board of Adjustment ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: • Provides that the Zoning Board of Adjustment is hereby designated to serve as the Airport Zoning Board of Adjustment and terms of office for the Airport Board of Adjustment shall coincide with appointment terms for the Zoning Board of Adjustment members. • Provides that the Zoning Board of Adjustment Chair and Vice -Chair shall retain the same positions on the Airport Board of Adjustment. • Outlines duties, responsibilities, and proceedings of the board. DIVISION 9. (Sections 2.204 -2.206 — TREE BOARD) This Tree Board was created to carry out specific duties and responsibilities as set forth in Section 9.5-385 of the City Code Tree Protection Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless the City Council appoints a different Tree Board. The Tree Preservation Ordinance is currently codified into the Southlake Code of Ordinances (Sec. 9.5). This ordinance amendment provides the following additional information: • Provides that the Zoning Board of Adjustment is hereby designated to serve as the Tree Board and terms of office for the Tree Board shall coincide with appointment terms for the Zoning Board of Adjustment members. Provides that the Zoning Board of Adjustment Chair and Vice -Chair shall retain the same positions on the Tree Board. Honorable Mayor and City Council Ordinance 1228-B Page 12 of 19 DIVISION 10. (Sections 2.207 - 2.209 — PLANNING AND ZONING COMMISSION) The Planning and Zoning Commission consists of seven citizens of the City and is an advisory board to the City Council in matters designated by City Charter, ordinance, and state law. The Commission advises the Council on matters relating to zoning, site plans, plats, master planning, public improvements, civic improvements, and other matters relating to City planning and zoning as directed by the City Council. The Planning and Zoning Commission also serves as the City's Sign Board and Capital Improvements Advisory Committee. The Planning and Zoning Commission ordinance is currently not codified into the Southlake Code of Ordinances though provisions for the Commission are in the City's charter. This ordinance amendment provides the following: • Restates that the Commission and not the City Council shall annually elect a Chair and Vice -Chair from its membership per charter requirements. • Provides a provision that the appointment cycle of the members is defined in the City Charter and not governed by Sec. 2-152 (b) of the ordinance. • Provides language that members selected as chair and vice -chair of the Planning and Zoning Commission will serve in the same office for the Sign Board and the Capital Improvements Advisory Committee. • Restates that Planning and Zoning Commission members forfeit their office if they fail to attend two (2) consecutive regular meetings of the Commission without being excused by the City Council. • Outlines duties, responsibilities, and proceedings. DIVISION 11. (Sections 2.210 -2.212 — SIGN BOARD) The seven members of the Planning and Zoning Commission shall serve as the Sign Board. Terms of Office for the Sign Board members shall coincide with appointment terms for the Planning and Zoning Commission members. The Sign Board is to act as an advisory board to the City Council in matters regarding Sign Ordinance 704, as amended, including making recommendations to City Council on sign variance requests, master sign plan requests, and ordinance amendments. The Sign Board Ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: • Provides that the Planning and Zoning Commission chair and vice - chair shall retain the same positions on the Sign Board. • Outlines duties, responsibilities, and proceedings of the board. Honorable Mayor and City Council Ordinance 1228-B Page 13 of 19 DIVISION 12. (Sections 2.213 - 2.215 — Capital Improvements Advisory Committee) The seven members of the Planning and Zoning Commission serve as the Capital Improvements Advisory Committee when the membership of the Commission meets the requirements to serve as the Capital Improvements Advisory Committee as outlined in Sec. 395.058 of the Texas Local Government Code, as amended. The code states that the Planning and Zoning Commission may act as the Capital Improvements Advisory Committee if the commission includes at least one representative of the real estate, development, or building industry. If no such representative is a member of the Planning and Zoning Commission, the commission may still act as the advisory committee if at least one such representative is appointed by the City Council as an ad hoc voting member of the Planning and Zoning Commission when it acts as the advisory committee. When the Planning and Zoning Commission is serving as the Capital Improvements Advisory Committee, the terms of office for the Capital Improvements Advisory Committee members shall coincide with appointment terms for the Planning and Zoning Commission members. The Planning and Zoning Commission chair and vice -chair shall retain the same office on the Capital Improvements Advisory Committee. If the Planning and Zoning Commission membership does not meet the requirements to serve as the Capital Improvement Advisory Committee as provided in Sec. 395.058, as amended of the Local Government Code, a Capital Improvements Advisory Committee shall be appointed by the City Council. These appointments shall be in accordance with Sec 395.058 (b) of the Texas Local Government Code, as amended. A Capital Improvements Advisory Committee ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: • Clarifies that the Planning and Zoning Commission will serve as the advisory committee when the qualification of its membership meets that outlined in 395 of the Texas Local Government Code. Clarifies that the Chair and vice -chair of the Planning and Zoning Commission shall retain the same positions on the Capital Improvements Advisory Committee. • Outlines duties, responsibilities, and proceedings. DIVISION 13. (Sections 2.216 - 2.218 — CORRIDOR PLANNING COMMITTEE) This committee is made up of representatives from other boards, commissions, or committees that typically have a role in the development process. Also, the committee may have ex-officio members. The Honorable Mayor and City Council Ordinance 1228-B Page 14 of 19 committee's purpose is to meet as needed with potential developers or owners of properties on possible development projects, typically prior to the submission of a zoning and/or site plan application to the City, to provide guidance for the development of the property in a manner consistent with the goals, recommendations, and framework of the adopted Southlake Comprehensive Plan. The Committee may also provide input and assistance on zoning, land use, or other development - related matters as assigned by the City Council. A Corridor Planning Committee ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: • Provides a provision that the committee shall be composed of at least four members to be appointed by the City Council. However, the City Council can appoint as many members to the committee as determined. • Provides a provision that the committee will consist of members from the City Council and other City boards, commissions, and committees. In addition, the City Council can appoint ex-officio or citizen representatives to the committee. • Terms for committee members coincide with the member's corresponding City board, commission, or committee appointment. Terms for ex-officio or citizen appointments will be for a two-year period but there are no term limits associated with the appointment of an ex-officio or citizen. • Clarifying that there are no officers appointed for this Committee. The chair for a meeting can be any of the appointed members and is selected by the committee at the beginning of each meeting. This reflects the current practice of the committee. DIVISION 14. (Sections 2.219 - 2.221 — METROPORT TEEN COURT ADVISORY COMMITTEE BOARD) The Metroport Teen Court Advisory Board consists of three members from each participating city (Southlake, Keller, Grapevine, and Colleyville). This board serves an advisory role and makes recommendations to the City Council and staff on the operation of the Teen Court program and assists in the development of community resources for the purposes of advancing the Teen Court Program. The role and duties of the Board shall be established by the Municipal Court Judges in the participating cities. A Metroport Teen Court Advisory Committee is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: • Provides provisions on members, terms, powers, and responsibilities. Honorable Mayor and City Council Ordinance 1228-B Page 15 of 19 Provides provisions that members are appointed to a two-year term unless appointed to fill an existing vacancy. Also, a City Council member can be appointed for a 1-year term if that member only has one year remaining in their three-year term. • Provides a provision that the committee appoints a chair annually. • Provides a provision that a quorum of the Board will be 2/3 of the board members and at least one member of each participating city. DIVISION 15. (Sections 2.222 -2.225 — SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT BOARD) The Crime Control and Prevention District is governed by a board of seven Southlake residents appointed by the City Council. The Crime Control and Prevention District Board works jointly with the City Council to ensure that funds raised through the 1/8 cent Crime Control sales tax are spent on programs and capital purchases that will reduce crime, increase public safety and maintain a high quality of life in Southlake. The Southlake Crime Control and Prevention District was established pursuant to the authority granted by Section 363 of the Texas Local Government Code, following the approval, by the voters of a local option sales tax. A Crime Control Prevention District Board ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: Provides a provision that board members serve staggered two-year terms that expire September 1st per the Texas Local Government Code. Provides a provision that the Board's powers, duties, and responsibilities are provided in Sec. 363.151 of the Texas Local Government Code. • Provides provisions that the Board shall elect from among its members a president and vice-president. The Board shall also appoint a secretary. The secretary need not be a board director. The person who performs the duties of auditor for the City shall serve as treasurer for the district. DIVISION 16. (Sections 2.226 - 2.229 — COMMUNITY DEVELOPMENT ENHANCEMENT CORPORATION) The Community Enhancement and Development Corporation (CEDC) is governed by a board of seven Southlake residents who work jointly with the City Council to ensure that funds raised through the 3/8 cent Type A sales tax are spent on the construction and operation of The Marq Southlake facility as well as pursuing the recommendations of the Honorable Mayor and City Council Ordinance 1228-B Page 16 of 19 Economic Development and Tourism Master Plan in accordance with state law. A CEDC ordinance is currently not codified into the Southlake Code of Ordinances. This ordinance amendment provides the following: Provides a provision that the Board's powers, duties, and responsibilities are provided in Chapter 504 of the Texas Local Government Code. Provides provision on the appointment cycle of members. Three (3) directors, Places 1, 2, and 3, shall serve terms that expire on September 1 st of the first year following the creation of the CCPD (odd year); and four (4) directors, Places 4, 5, 6, and 7, shall serve terms that expire on September 1 st of the second year following the creation of the CCPD (even year). The appointment cycle for the board is dictated by Texas Local Government Code 363.101(b) and differs from the appointment cycle established in Sec. 2-152 (b) of the ordinance. • Provides provisions on duties and responsibilities of the corporation. DIVISION 17. (Sections 2.230 -2.235 — BUILDING BOARD OF APPEAL) The Building Board of Appeals consists of five Southlake residents and two alternate members who are appointed for two-year terms. In addition to making building code recommendations to the City Council, the Building Board of Appeals hears appeals by citizens to decisions made by the City's Building Official or Fire Marshal regarding the interpretation of building/fire codes, contractor license revocations, and building condemnations. In making appointments to the Board, the City Council will consider persons who are qualified by experience and training to pass on matters pertaining to building construction, mechanical design, plumbing systems, or electrical systems, or who have practical experience in matters relating to building construction or value such as a mortgage banker or licensed real estate agent. A Building Board ordinance is currently codified into the Southlake Code of Ordinances (Section 4.5-221 -Article XII). This ordinance amendment provides the following updates to the current ordinance: • Updates the list of codes that the board can hear and decide appeals on regarding orders, decisions, or determinations made by the Building Official or Fire Marshal. • Added a provision that in addition to hearing appeals to the Building Official or Fire Marshal, the board can hear and decide appeals of orders, decisions, or determinations made by the Director of Public Works on terminating a user's water supply for specified violations of the city's cross -connection control policy. Honorable Mayor and City Council Ordinance 1228-B Page 17 of 19 • Added a provision that the board shall have a minimum of two meetings each year, with an organizational meeting held each October. • Moves regulations into Chapter 2, Article 5 of the Southlake Code of Ordinance. DIVISION 18. (Sections 2.236 -2.245 — PARKS AND RECREATION BOARD) The Parks and Recreation Board consists of seven Southlake residents who have been appointed for two-year terms. The Parks and Recreation Board advises the City Council on matters related to city parks and recreation programs, including the development of recreational areas and facilities, park, recreation service improvement policies, and related program budgets. The Parks and Recreation Board ordinance is currently codified into the Southlake Code of Ordinances (Article III, Division 2, Sec. 12-76). This ordinance amendment provides the following updates to the current ordinance: • Clarifies that the Parks and Recreation Board is a seven -member board and not a nine -member board as stated in the bylaws. • Moves regulations into Chapter 2, Article 5 of the Southlake Code of Ordinance. DIVISION 19. (Sections 2.246 -2.254 — SOUTHLAKE PARKS AND DEVELOPMENT CORPORATION) The Southlake Parks Development Corporation (SPDC) board consists of seven Southlake residents who have been appointed for two-year terms. The Southlake Parks Development Corporation administers the city's half -cent sales tax and applies it toward parks -related capital projects. The SPDC also reviews all proposals for new parks and recreation programs in Southlake and reports their findings to the City Council. The Parks and Recreation Board ordinance is currently codified into the Southlake Code of Ordinances (Article IV, Sec. 12-116). This ordinance amendment provides the following updates to the current ordinance: • Moves regulations into Chapter 2, Article 5 of the Southlake Code of Ordinance. Honorable Mayor and City Council Ordinance 1228-B Page 18 of 19 DIVISION 20. (Sections 2.255 -2.260 — TAX INCREMENT REINVESTMENT ZONE BOARD- TIRZ) The Tax Increment Reinvestment Zone (TIRZ) No. 1 Board is to oversee the project and financing plan for Southlake's Tax Increment Financing District known as the Tax Increment Reinvestment Zone No. 1. The Board shall consist of no less than seven (7) and no greater than twelve (12) members. The City Council shall appoint a total of eight (8) members, with one member being nominated by Carroll Independent School District (the "CISD"), and the remaining seven (7) members at all times being the Mayor and Places 1 through 6 of the City Council. The positions occupied by the Mayor and Places 1 through 6 may sometimes hereafter be referred to as the " Council Directors." The TIRZ Board ordinance is not currently codified into the Southlake Code of Ordinances. This ordinance amendment provides the following updates to the current ordinance: • Provides a provision that the Board's powers, duties, and responsibilities are provided in Ordinance 1197, which extended the terms of the Tax Increment Reinvestment Zone No. 1. • Provides provision on the appointment cycle of members and officers. • Provides that there shall be at least one regular meeting held in the fourth quarter of each calendar year. • Provides provisions on duties and responsibilities. Ordinance relocation of existing Building Board of Appeals and Park and Recreation Board provisions The ordinance relocates existing provisions related to the Building Board of Appeals and Parks and Recreation Board ordinance located in Chapter 4.5 and Chapter 12 of the Southlake Code into Chapter 2 Article 5 of the Southlake Code. This allows for all boards, commission, and committees to be located in a single code section. Staff liaison's responsibilities following adoption of the ordinance. • Upon adoption of the ordinance, staff liaisons will provide each board, commission, and committee with a copy of the ordinance and present the ordinance amendments to them at a regular meeting or work session (Review of the ordinance not needed for the Southlake Youth Commission). Staff will emphasize to the board, commission and committee and alternate members the revised absentee policy and the manner that attendance will be reported to City Council (Quarterly attendance report - including the last 3 quarters and list meeting dates - will be Honorable Mayor and City Council Ordinance 1228-B Page 19 of 19 provided by the City Secretary). The board, commission and committee members will also be informed that two consecutive absences by any member or alternate member (with the exception of the SYAC or Corridor Committee) will be indicated to City Council as part of the attendance report provided by the City Secretary. (The City Council must only take action to approve the absences of the Planning and Zoning Commission members per the City Charter). If applicable, staff liaisons will provide information on the updated ordinance related to the regular and alternate members in terms of alternates attending and participating in meetings and the process in which an alternate member will be seated as a regular member (The alternate member who is assigned with the highest numerical position (e.g., Alternate #1) and who is present shall be seated as a regular member). • After the adoption of the ordinance, staff liaisons will work with its board, commission, or committee to update bylaws to ensure meeting procedures adhere to ordinance requirements and current meeting practice. Any amendments to existing bylaws will need to be approved by the City Council by resolution. Financial Considerations: None. Strategic Link: 131 - Achieving strong outcomes through continual evaluation and pursuit of better practices that improve core business operations. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed the proposed ordinance. Alternatives: -Approve the ordinance as presented or with modifications. Supporting Documents: Ordinance 1228B is attached for reference. Staff Recommendation: Approve the ordinance as presented or with modifications.