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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: April 7, 2014
SUBJECT:
An Ordinance Amending Chapter 2, Article VI. Division 7 Entitled "Aurora Neighborhood Council"
PURPOSE:
The provisions the Aurora Neighborhood Council was established in 2006 and were in need of modernizing and updating to better meet the needs of the City and the Aurora Neighborhood Council.
BACKGROUND:
The Aurora Neighborhood Council was established in the Aurora Code of Ordinances on August 8, 2006 with Ordinance Number O06-081 pursuant to the recommendations from the Aurora Neighborhood Planning Initiative (ANPI) program.
DISCUSSION:
The proposed amendment will accomplish three non-substantive objectives: 1) To provide consistency in language, terms and procedures between the planning and development related boards, commissions and councils; 2) To update job titles to current designations; 3) where appropriate to move provisions to the By-Laws of the ANC.
The proposed amendment includes four substantive change being 1) That all members shall be appointed by the Mayor; 2) That the By-Laws are subject to approval by the City Council; 3) That the Mayor and Planning and Zoning Director (as Executive Secretary) be ex officio members; 4) That the ANPI Neighborhoods are recognized as standing committees of the Aurora Neighborhood Council.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this amendment to the City Code of Ordinances will have a positive impact on the City's health, welfare, overall tax base and viability.
RECOMMENDATIONS:
Staff recommends approval of the Ordinance Amending Chapter 2, Article VI. Division 7 Entitled "Aurora Neighborhood Council.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 2, Article VI. Division 7 Entitled "Aurora Neighborhood Council"
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Aurora Neighborhood Council is an advisory body to the city council, on the development or initiation of programs or actions that will enhance, Aurora's diverse neighborhoods; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of Aurora to amend the establishing ordinance for the Aurora Neighborhood Council to carry out its intended purpose as further set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 2, Article VI, Division 7 of the Aurora Code of Ordinances, shall be amended to read as follows:
DIVISION 7. Aurora Neighborhood Council
Sec. 2-501. Creation.
There is the created the Aurora Neighborhood Council hereinafter "ANC".
Sec. 2-502. Purpose.
The Aurora Neighborhood Council ANC shall be a regularly scheduled forum, that is open to the public and comprised of neighborhood community representatives and attended by city staff, in which neighborhood related policies, issues and significant problems can be analyzed in a multi-disciplinary setting in order to develop viable and comprehensive solutions.
Sec. 2-503. Membership.
The Aurora Neighborhood Council ANC shall be comprised of:
(1 a) One (1) representative of The mayor shall be an ex officio member, a chairman and additional members (hereinafter "members") to be appointed by the mayor subject to the approval of the city council;
(b) Members shall at all times include one (1) representative from every neighborhood which has completed the Aurora Neighborhood Planning Initiative (herein after "ANPI") process and has an action plan approved or accepted by city council;
a. This representative shall be a stakeholder in the neighborhood that he or she is representing.
b. This representative shall be a City of Aurora Resident, although residents of unincorporated areas are still encouraged to participate in the ANPI process.
c. This individual shall be selected to represent their neighborhood for a minimum of one (1) year. In the event that this individual no longer serves as the designated representative of that particular neighborhood, then a replacement shall be selected for the remaining term.
(2) At-large members to be appointed by the mayor.
a. At-large membership shall be directly related to the amount of neighborhoods that have completed the Aurora Neighborhood Planning Initiative. As ANPI representation in neighborhood council increases at-large membership will also increase, with a maximum number of at-large members being four (4).
1. There will be two (2) at-large members upon four (4) neighborhoods completing the ANPI process.
2. There will be three (3) at-large members upon five (5) neighborhoods completing the ANPI process.
3. There will be members upon six (6) or more neighborhoods completing the ANPI process.
b. The at-large members shall be appointed for a term of one (1) year.
c. At-large members shall evaluate situations, offer their opinion and cast their votes in the interest of the City of Aurora as a whole, giving emphasis to those areas not represented by an existing ANPI.
(3) Self-initiated neighborhood groups that have not completed the ANPI process are encouraged to elect a representative of their group to attend the ANC meetings and participate in discussions, however; this representative shall not be given the power to vote.
(d) City of Aurora elected officials shall not be permitted membership in Aurora Neighborhood Council during their time in office.
(5e) City of Aurora department heads staff shall not be permitted membership in Aurora Neighborhood Council during their time of employment., however; all city staff are encouraged to participate in the ANPI process should it occur where they are a stakeholder.
(6) Adequate representation from the community development department shall be present at every meeting, however; these representatives shall not have membership within the council.
Sec. 2-5054. Officers. Chairman
The chairman of the ANC shall be elected by the Members for a period of one (1) year or until his/her successor has been duly appointed.
The Aurora Neighborhood Council shall select a chair, vice-chair and such other officers as it may deem advisable from amongst its own members, to serve for one (1) year. The chair and vice-chair shall be selected (one (1) each) from the members of the ANC. The initial selection shall be held at its first regular meeting of the council with subsequent selections being held on the first regular meeting date of each calendar year.
(1) If the chair does not complete his/her one-year term, the vice-chair shall assume the chair position for the remaining term.
(2) If any other officer position becomes vacant, either by an individual not completing their term or if the vice-chair assumes the position as chair (see above), the Aurora Neighborhood Council shall select an individual from amongst the remaining membership to fill the position for the remaining term.
Sec. 2-505 Term of members.
Members of the ANC shall be appointed for terms of no less than one (1) year and no more than three (3) years from the time of their appointment.
Sec. 2-506 Successors.
All persons appointed as members of the ANC shall serve in their official capacities, respectively, until their successors have been appointed and qualified as provided in this article.
Sec. 2-507 Vacancies in office.
In the event of the death, resignation, removal or incapacity of any member of the ANC, or if a vacancy occurs for any reason, a new member shall be appointed in the same manner to fill the unexpired term.
Sec. 2-508 Executive Secretary, Ex-Officio Member
The City of Aurora's planning and zoning director and/or designee shall be considered an ex-officio member with non-voting authority on all issues, and shall be executive secretary of the ANC. The executive secretary shall make a permanent record of all the acts and doings of the ANC and keep the same in his/her custody and control. The planning and zoning director and staff shall provide support to the ANC as needed.
Sec. 2-508. 509 Functions.
The Aurora Neighborhood Council ANC shall:
(1a) Receive and review input from neighborhood groups and individuals that may be directed to (and also referred from) individual departments, the alderman's office or the mayor's office, as applicable.
(2b) Develop solutions within the multi-disciplinary group to assure these solutions are thoroughly investigated and well thought.
(3c) Encourage active and regular input from neighborhood residents or organizations to assure that resident/neighborhood input will shape priorities, plans and developed solutions.
(4d) Encourage collective appraisal of which issues or problems are widespread or frequently occurring, and thus, should become priorities.
(5e) Attempt to recognize which problems or issues may actually be symptoms of a larger problem that requires a comprehensive, rather than a simple approach.
(6f) Recommend to the city council, as this council from time to time deems appropriate, amendments to the code or policies resulting from the cumulative efforts of this council.
(7g) Keep notes of the proceedings and actions of this council, which shall be maintained by the city through a department/division so designated.
(8h) Present on regular basis notes and/or reports to the mayor and city council, concerning the progress, status and activities of this council.
(9i) Develop a mailing list of council members and other appropriate individuals/organizations interested in receiving agendas, notes, and proceedings of the council.
Sec. 2-506510 Meetings.
Regular meetings shall generally be held once a month on the first thursday following the first committee of the whole meeting of each month; and shall comply with the Open Meetings Act. Special meetings may be called at any time by the chairman or any member that submits a request in writing to the chairman, and held at such place as fixed in the call. Meeting notices shall be pursuant to applicable state and local requirements. .
Meetings of the Aurora Neighborhood Council shall be open to the public and shall be held at regularly scheduled times and at the call of the chairman. The council shall adopt rules for the conduct of its meetings and its work. A copy of said rules shall be filed with the city clerk.
Sec. 2-507511 Quorum
Seven (7) members of the ANC shall be necessary to constitute a quorum. No official business of the ANC shall transpire without a quorum present.
A quorum shall consist of fifty (50) percent of the full membership, or five (5) which ever is greater. A quorum is not required for the conduct of any business of the council, unless voting on an issue is to take place.
(1) Changes to the by-laws or recommendations to city council would require a super majority, (66.7 percent).
(2) In-house business will require a simple majority.
Sec. 2-512 Attendance
ANC members are required to attend the meetings referenced in Section 2-610 above. If a member is absent from three (3) successive regular meetings without notification, it shall be considered a voluntary resignation. A simple majority vote of the ANC may declare the position vacant and request that the mayor appoint a new member to fill the term.
Sec. 2-513 Committees
There shall be one (1) standing committees of the ANC for every neighborhood which has completed the "ANPI" process and has an action plan approved or accepted by city council. There may be such other committees as deemed necessary by the ANC. Appointment to the these other committees shall be by the chairman on an as needed basis for one (1) year terms.
Sec. 2-504515. Additional City Staff.
On occasion, the Aurora Neighborhood Council ANC shall may require additional information, advice or knowledge on a particular topic. At these times, the ANC shall submit a request for additional information from or attendance of to the department head Executive Secretary.
(1a) The department head executive secretary may determine that another city staff may be able to better answer the questions posed by the ANC and therefore, may send an alternate in his or her place.
(2b) City staff shall be allotted a minimum of two weeks' notice of the next ANC meeting in which they are to issue a response to inquiries or for information and attendance requests.
(3) City staff is welcome to attend the ANC regularly scheduled meetings at their own initiative.
Sec. 2-514 Rules and regulations.
The ANC shall adopt and promulgate such rules and regulations as may be necessary and proper to govern the conduct of the meetings and the business to be performed subject to approval by the city council.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00293