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
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Ordinance 1228-B
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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,
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Ordinance 1228-B
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• 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
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Ordinance 1228-B
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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
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Ordinance 1228-B
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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,
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Ordinance 1228-B
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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.
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(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
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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
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• 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
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• 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.