Loading...
HomeMy WebLinkAbout4916-6 /23/2008- A' IJP Document Number: 2009006149 ' 11i' OF WATERLOO �; Date: Sep 19, 2008 4:30:00 pm Aud Fee: 0.00 Rec Fee: 30.00 P Trans Tax: 0.00 Rec Management Fee: 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Z Judith A. McCarthy, County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4916 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 1, PLANNING, PROGRAMMING AND ZONING COMMISSION, OF TITLE 2, BOARDS AND COMMISSIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 1, PLANNING, PROGRAMMING AND ZONING COMMISSION, OF TITLE 2, BOARDS AND COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same is hereby repealed in its entirety; that a new Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions, is hereby enacted in lieu thereof as follows: TITLE 2 BOARDS AND COMMISSIONS CHAPTER 1 PLANNING, PROGRAMMING AND ZONING COMMISSION 2-1-1: COMMISSION CREATED: There is hereby created a planning, programming and zoning commission for the city. All the commission shall have all duties and powers assigned or delegated to the commission within this code, the Iowa Code, Ordinance 2479, as amended, or any other rules and regulations. (Ord. 2742, 6-16-1975; amd. Ord. 3257, 1-17-1983) 2-1-2: PURPOSE: The purpose of this commission is to provide for the orderly growth and development of the community through the systematic development of a comprehensive plan and implementation program. (Ord. 2742, 6-16-1975) 2-1-3: COMPOSITION AND MEMBERSHIP: A. Composition: The planning, programming and zoning commission shall consist of six (6) members from the city at. large and one member of each of the following boards and commissions of the city: community development board, human rights commission, and Waterloo school board. The six (6) commissioners from the city at large shall be appointed by the mayor subject to the approval of the city council and the board and commission representatives shall be selected by their respective board or commission as a whole. (0 Ordinance No. 4916 Page 2 B. Term Of Office: The term of office of the members of the planning, programming and zoning commission who are members of boards, commissions or the city council shall coincide with their term of office on said board, commission or city council. The members of the planning, programming and zoning commission from the city at large shall serve a term of office of three (3) years. No member of said commission shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants. C. Filling Vacancies: If any commissioner from among the city at -large representatives shall leave the planning, programming and zoning commission through resignation or otherwise, the mayor shall appoint a successor subject to the approval of the city council. If any planning, programming and zoning commissioner who is a member of a board, commission or the city council shall leave the commission, the members of the respective board, commission or city council shall appoint a successor. D. Compensation: All members of the commission shall serve without compensation except their actual expenses, which shall be subject to the approval of the city council. E. Organization: The planning, programming and zoning commission shall annually elect, at its first regular meeting of each calendar year, one of its city at large commissioners to act as chair of the commission, and another of its members as vice chair, who shall perform all the duties of the chair during his absence, and a secretary. F. Rules And Regulations: The commission shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary. G. Committees: The commission shall establish any and all committees deemed necessary for the execution of its powers and duties. H. Meeting Attendance: Commission members are expected to attend all regular and special meetings of the commission. Any commission member who misses more than three meetings (excused and/or unexcused) in a twelve month period may be recommended for removal by the executive committee (chair, vice chair and secretary) to the mayor and city council. If a member has a valid excuse for nonattendance, the member shall notify the commission chairperson or secretary prior to the meeting. Any commission member can be removed Ordinance No. 4916 Page 3 for cause by the amd. Ord. 2828, 3257, 1-17-1983; 1996) city council. (Ord. 2742, 6-16-1975; 7-6-1976; Ord. 3168, 10-26-1981; Ord. Ord. 3519, 1-4-1988; Ord. 4145, 1-8- 2-1-4: POWERS AND DUTIES: A. General: The planning, programming and zoning commission shall have full power and authority to make or cause to be made such surveys, studies, maps, plans or charts of the whole or any portion of the city, and of any land outside thereof, which, in the opinion of such commission, bears relation to a comprehensive plan and program for development of the city, and shall submit these studies to the city council. The commission may publish its studies and recommendations. B. Comprehensive Plan: For the purpose of making a comprehensive plan and program for the physical development of the city, the planning, programming and zoning commission shall make careful and comprehensive studies of present conditions and future growth of the city with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity and general welfare, as well as efficiency and economy in process and development. Any and all plans and programs for the physical development of the city existing prior to the effective date of this chapter shall remain effective until revised or incorporated by a plan adopted according to this section. C. Adoption: Before adopting said comprehensive plan, or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the city, not less than ten (10) nor more than twenty (20) days before the date of hearing. The adoption of the plan or part or amendment thereof shall be by resolution of the commission carried by the affirmative vote of not less than two-thirds (2/3) of the members of the commission. After adoption of said plan by the commission, an attested copy thereof shall be certified to the city council and the city council may approve the same, and when said plan or any modification or amendment thereof shall receive the approval of the city council, said plan until subsequently modified or amended, as authorized by this subsection and subsections B and D of this section, shall constitute the official city plan of the city. Ordinance No. 4916 Page 4 D. Amendment Of Plan: When said comprehensive plan has been adopted as above provided for, no substantial amendment or modification thereof shall be made without such proposed change being first referred to the planning, programming and zoning commission for its recommendation. If the planning, programming and zoning commission disapproves the proposed change, it may be adopted by the city council only by the affirmative vote of at least two-thirds (2/3) of all the membership of the city council. E. Recommendations: The planning, programming and zoning commission shall consider such other matters as the staff or city council shall find it advisable or essential to receive consideration by the planning, programming and zoning commission. F. Approval Of Plats: All plans, plats, or replats of subdivisions or resubdivision of land embraced in the city or adjacent thereto, laid out in lots or plats with the streets, alleys or other portions of the same intended to be dedicated to the public in the city and all proposals for the vacation of a street, alley or public ground shall first be submitted to the planning, programming and zoning commission and its recommendation obtained before approval of the city council. (Ord. 2742, 6-16-1975; amd. Ord. 3257, 1-17- 1983) 2-1-5: FUNDS: A. Appropriation Of Funds: The city council may annually appropriate a sum of money from the general fund for the payment of the expenses of such commission. B. Expenditure Of Funds: The commission shall have full, complete and exclusive authority to expend for and on behalf of the city all sums of money so appropriated. C. Grants, Gifts And Donations: All grants, gifts, donations or payments whatsoever which are received by the city for city plan and program purposes shall be placed in the planning, programming and zoning commission fund, to be used by said commission in the manner and for the purposes designated by this chapter. D. Debt -Contracting Powers: The commission shall have no power to contract debts beyond the amount of its income for the current year. (Ord. 2742, 6-16-1975) 2-1-6: TECHNICAL ASSISTANCE: A. Technical Committee: Technical assistance for the planning, programming and zoning commission shall be provided through the establishment of a plan and program technical committee. Ordinance No. 4916 Page 5 B. Composition: The technical committee shall be composed of, but not limited to the following: city engineer, leisure services director, waterworks manager, district soil conservationist, police and fire chiefs, community development director, planning director, building official, a representative of the Waterloo school board, a representative of the Iowa department of transportation highway division headquarters and a representative of the Iowa Northland Regional Council of Governments. Department heads and board or commission directors whose agencies have a significant impact upon community development planning and programming may serve on the committee in a nonvoting status. A designated representative of any voting member shall have all rights and privileges of said member. C. Powers And Duties: The committee shall have the authority to review, analyze and make recommendations of a technical nature on items which are brought before the planning, programming and zoning commission. D. Rules And Regulations: The technical committee shall adopt such rules and regulations governing its organization and procedures as may be deemed necessary subject to the approval of the commission. (Ord. 2742, 6-16-1975; amd. Ord. 3257, 1-17-1983) 2-1-7: STAFF AND PROFESSIONAL CONSULTANTS: The planning and zoning department shall provide staff support to the planning, programming and zoning commission. Subject to the limitations contained in this chapter as to the expenditure of funds, and subject to city council approval, the commission may contract with professional consultants or county, regional, state and federal governments for local planning assistance, and may agree with each or all of them as to the amount, if any, to be paid for such planning assistance. (Ord. 4003, 2-7-1994) 2-1-8: ANNUAL REPORT: Each year the commission shall make a report to the mayor and city council of its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year. (Ord. 2742, 6-16-1975) INTRODUCED: June 23, 2008 PASSED 1s' CONSIDERATION: June 23, 2008 PASSED 2nd CONSIDERATION: June 23, 2008 PASSED 3rd CONSIDERATION: June 23, 2008 ►i Ordinance No. 4916 Page 6 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 23rd day of June, 2008, and approved by the Mayor on the 25th day of June, 2008. Tim Hurley, Mayo ATTEST: Nancy EckE(rA, CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4916 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 23rd day of June, 2008. Witness my hand and seal of office this 25th day of June,