ITEM TITLE:
Approval of Amendment to City Council Policies & Procedures (Proposed Revision to Planning & Zoning Commission Remote Meeting Participation Requirements)
SUBMITTED BY: Allie Ferko, MMC, Deputy City Clerk
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve amendment to City Council Policies & Procedures (Proposed revision to Planning & Zoning Commission remote meeting participation requirements)
SUMMARY STATEMENT:
On March 20, 2020, City Council approved an amendment to City Council Policies & Procedures to set allowances, guidelines, and requirements for remote meeting participation by City Council members and members of city citizen advisory groups (commissions, boards, committees, etc.).
With that amendment, City Council established two sets of guidelines/requirements in their Policies & Procedures for remote meeting participation by members of a meeting body:
• One set for City Council and the Planning & Zoning Commission (II.H.3-4, starting on page 2), and
• Another set for all other citizen advisory groups (XIII.E, starting on page 18).
City Council and Planning & Zoning Commission remote participation guidelines were designed to be more restrictive due to their legislative and/or quasi-judicial authority, as compared to the other citizen advisory groups whose authority is more advisory in nature.
Both sets of remote participation guidelines/requirements are relatively the same, including the requirement for all meeting bodies to have a quorum of members physically present in the room to hold a work session, regular meeting, or special meeting.
All meeting bodies, including City Council, are also authorized remote participation by members (as long as quorum is physically present) during work sessions or executive sessions.
The only substantive difference between the two sets of guidelines/requirements is that City Council members and Planning & Zoning commissioners may only participate (discuss/vote) remotely during regular or special meetings where physical attendance poses a risk to health or human safety as determined by the Mayor. (Council’s clear intent at the time was for this to mean a disaster declaration).
All other city citizen advisory groups are authorized remote participation by members (as long as quorum is physically present) during regular or special meetings at any time.
After almost two years operating under the current remote participation guidelines, the Planning & Zoning Commission held several discussions during their recent meetings regarding this difference in guidelines between their commission and other citizen advisory groups.
The Commission would like to request a change in Council Policies & Procedures so their commission falls under the same guidelines/requirements as other city citizen advisory groups. The commission believes this will allow more flexibility for attendance and participation by commissioners. Reasons cited by the commission for the recommendation included family and personal health reasons (even unrelated to a pandemic or other disaster declaration) and work travel required by their employer. Following ample discussion, the commission voted unanimously (six yays with one seat vacant at the time) to recommend this policy change to Council. They believe the change will be manageable and remain committed, as a commission, to work together to ensure the in-person quorum requirement is met.
As amendments to Council Policies & Procedures may only be presented for action following Council direction, Ms. Ferko informally presented the request from the Planning & Zoning Commission to Council during her City Clerk report at the December 7, 2021 meeting. She asked if there was Council consensus to put this change on the Council meeting agenda for discussion and action. Council provided that consensus.
The change to Council Policies and Procedures to meet the recommendation of the Planning & Zoning Commission is relatively simple and can be accomplished by a simple majority vote of the Council.
• The phrase “except members of the Planning and Zoning Commission, which are bound by the attendance requirements set forth in II.(H)” would be struck from section XIII.E on page 18.
• Removing this phrase would then establish the Planning & Zoning Commission’s remote participation guidelines/requirements to be the same as the other citizen advisory groups.
• No further changes to the document are necessary to accomplish the commission’s recommendation.
• Outcome of a vote on the changes as presented in the agenda packet:
o A yes vote indicates agreement with striking the above quoted phrase and thereby directing the Planning & Zoning Commission to follow the same remote participation guidelines/requirements as other city citizen advisory groups as outlined in City Council Policies and Procedures, Section XIII.E.
o A no vote indicates the desire for the Planning & Zoning Commission’s remote participation guidelines/requirements to remain as is.
The recommended change is redlined on page 18 of the attached Council Policies & Procedures document for easy reference.
Ms. Ferko, who is closely involved in city commission standard procedures in her role as deputy clerk, as well as the Planning & Zoning Commission’s staff advisor (and Planning Department Director) Ms. Kate Huber, will both be present at the Council meeting to provide any needed clarifications on process or the commission’s intent with their recommendation. Members of the Planning & Zoning Commission have also been updated about this agenda item and were invited to attend the meeting.