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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 34, Article II. Entitled "Planning Commission".
PURPOSE:
Attached is an ordinance amending the establishing ordinance for the Aurora Planning Commission.
BACKGROUND:
The provisions and by-laws of the Planning Commission have not been amended since 1969 and 1989 respectively and were in need of modernizing and updating to better meet the needs of the City and the Planning Commission.
DISCUSSION:
The proposed amendment will accomplish three non-substantive objectives: 1) Consolidate the governing provisions related to the Planning Commission into one location in the City's Code of Ordinances; 2) Provide consistency in language and procedures between the planning and development related boards, commissions and councils; 3) Update job titles to current designations.
The proposed amendment includes two substantive change being 1) That the By-Laws of the Planning Commission are subject to approval by the City Council; 2) The standing committees of the Planning Commission have been updated FROM "Agenda/Resolution", "Annual Meeting", "Documentation" and "Orientation" TO "Amendment", "Grant and Award Research" and "Comprehensive Plan" to better match the functions of the Commission.
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 34, Article II. Entitled "Planning Commission."
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 34, Article II. Entitled "Planning Commission"
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 Planning Commission is a regularly scheduled advisory body to the City Council, on short and long range growth and development of the City, through maintenance and implementation of the plans and regulations formally adopted by the City Council; 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 Planning Commission to carry out its intended purpose as further set forth herein; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Article II Chapter 34 of the City of Aurora Code of Ordinances be and hereby is amended as follows:
Sec. 34-16. Created; membersCreation.
(a) A planning commission for the cityThere is created, the Planning Commission herein after "Planning Commission".
Sec. 34-17 Purpose.
The Planning Commission shall be an advisory body to the City Council, on short and long range growth and development of the City, through maintenance and implementation of the plans and regulations formally adopted by the City Council.
Section 34-18 Membership.
The Planning Commission shall be comprised of:
(a) to consist of the Mayor of the City as ex officio member, a chairman and twelve (12) additional members to be appointed by the mMayor subject to the approval of the cCity cCouncil.
(b) The pPlanning cCommission members shall at all times include one (1) representative from each of the following six (6) taxing entities: Aurora School District 129, Aurora School District 131, Aurora School District 204, AuroraFox Metro Sanitary District, Fox Valley Park District and Aurora Township. The other seven (7) members of the pPlanning cCommission shall be citizens at large, and shall have no special interest in any of the six (6) taxing entities listed in this section.
(c) All members of the pPlanning cCommission shall reside within the cCity of Aurora.
(d) City of Aurora elected officials shall not be permitted membership during their time in office.
(e) City of Aurora staff shall not be permitted membership during their time of employment.
Sec. 34-1719. Chairman.
The chairman of the pPlanning cCommission shall be elected by the mMembers of the planning commission for a period of one (1) year or until his/her successor has been duly elected and qualified.
Sec. 34-1820. Terms of members.
The thirteen (13) members of the pPlanning cCommission shall be appointed for the following terms: five (5) members for a term of one (1) year, four (4) members for a term of two (2) years, and four (4) members for a term of three (3) years from the time of their appointment and each and every year thereafter.
Sec. 34-19. 21. Members to serve until successors qualifySuccessors.
All persons appointed as members of the pPlanning cCommission shall serve in their official capacities, respectively, until their successors have been appointed and qualified as provided in this article.
Sec. 34-2022. Vacancies in office.
In the event of the death, resignation, removal or incapacity of any member of the pPlanning cCommission, or if a vacancy occurs for any reason, a new member shall be appointed in the same manner to fill the unexpired term.
Sec. 34-2123. Powers.
The pPlanning cCommission shall have all of those powers set forth in article 11, division 12 of The Illinois Municipal Code [Ill. Rev. Stat. Ch. 24, ¶ 11-12-1 et seq.], as amended from time to time, and Ordinance Number 3100, being the Aurora Zoning Ordinance, as amended from time to time.
Sec. 34-22. Certain acts and doings ratified.
All acts and doings of the pPlanning cCommission since the resolution of the cCity cCouncil dated September 17, 1968, which reorganized the pPlanning cCommission are approved, ratified and confirmed, and the appointments made therein are approved, ratified and confirmed.
Sec. 34-23.24 Executive sSecretary; record keeping, Ex-Officio Member
The City of Aurora's pPlanning and Zoning director and/or designee shall be considered ex-officio member with non-voting authority on all issues, and shall be executive secretary of the pPlanning cCommission. The executive secretary shall make a permanent record of all the acts and doings of the pPlanning cCommission and keep the same in his/her custody and control. The Planning and Zoning Director and staff shall provide support to the Planning Commission as needed.
Sec. 34-24.25 Functions.
The Planning Commission shall:
(a) Hear and report findings and recommendations to the Mayor and City Council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth in the Aurora Zoning Ordinance.
(b) Initiate, direct and review, from time to time, studies of the provisions of the Aurora Zoning Ordinance, and to make reports of its recommendations to the Mayor and City Council.
(c) Hear and decide all matters upon which it is required to pass under the Aurora Zoning Ordinance.
(d) In all official proceedings, the chairman, or in his/her absence, the acting chairman of the Planning Commission, shall have the power to administer oaths and compel by subpoena the attendance and testimony of witnesses and the production of books and papers.
Sec. 34-26 Meetings.
Regular meetings shall generally be held twice a month on the First and Third Wednesdays' following the first Committee of the Whole meeting of the 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. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every appearance, variation and every recommendation, order, requirement, decision or determination of the Planning Commission shall be filed immediately in the office of the Planning and Zoning Division and shall be a public record. All hearings shall be open to the public.
Sec. 34-27 Quorum
Seven (7) members of the Planning Commission shall be necessary to constitute a quorum. No official business of the Planning Commission shall transpire without a meeting that has a quorum.
Sec. 34-28 Attendance
Planning Commission Members are required to attend the meetings referenced in Section 34-26 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 Planning Commission may declare the position vacant and request that the Mayor appoint a new Member to fill the term.
Sec. 34-29 Committees
There shall be three (3) standing committees of the Planning Commission: Amendment; Grant and Award Research; and Comprehensive Plan. There may be such other committees as deemed necessary by the Planning Commission. Appointment to the committees shall be by the Chairman on an as needed basis for one (1) year terms.
Sec. 34-2430 Rules and regulations.
The pPlanning cCommission 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: 14-00287