Chapter 2.30
PLANNING COMMISSION AND BOARD OF ZONING APPEALS
Sections:
2.30.010 Planning Commission – Qualifications.
2.30.030 Planning Commission – Meetings – Quorum.
2.30.040 Planning Commission – Officer, employees, and consultants.
2.30.050 Planning Commission – Comprehensive plan.
2.30.060 Planning Commission – Oaths.
2.30.070 Board of Zoning Appeals.
2.30.010 Planning Commission – Qualifications.
A. Planning Commission – Qualifications. A Planning Commission of the City is hereby established consisting of seven members. All members of the Planning Commission shall be qualified electors and residents of the City, except two who may reside outside of the corporate limits but within three miles thereof.
B. Planning Commission – Terms – Vacancies. All appointments shall be for three-year terms. In the event of vacancies, the appointments shall be for the unexpired terms. Appointed members shall continue to serve beyond their three-year term in the event that their successor in office has not been appointed.
C. Appointment and Tenure. The members shall be nominated by the Mayor and confirmed by the City Council.
D. Vacancies. A vacancy on the Planning Commission shall be effective on the date stated in the individual’s written notice of resignation filed with the Mayor or the third-year anniversary date of their appointment, unless their successor has not been appointed, in which event upon the appointment of their successor. No vacancy on the board shall impair the right of the remaining members to exercise all powers of the body.
E. Interview Team. The Mayor and two Council members selected by the Mayor (the interview team) are charged with the responsibility of recommending individuals, by unanimous consent, to serve on the Planning Commission, subject to the approval by majority vote of the Council.
F. Time for Filling Vacancies. In the event of a vacancy on the Planning Commission due to a resignation, the interview team shall submit to the City Council a recommendation to fill the vacancy within 60 days from the date the office became vacant. In addition to the 60 days, for good cause and upon a majority vote of the Council members present and voting, the interview team may extend, for up to an additional 30 days, the time stated to make the recommendation to fill a vacancy. Good cause shall be determined by the City Council and include but not be limited to such events as a death in office, illness, insufficient or inadequate candidates, legal holidays, or the timing of the next regular Council meeting at which a nominee would be considered for appointment. In the event of a vacancy due to an expired term of office, the foregoing process shall commence 90 days prior to the expiration of the office term of the incumbent.
G. Eligibility. An individual is eligible for appointment to and may serve as a member of only one City board or commission at any given time; provided, however, that Planning Commission members may also serve as Board of Zoning Appeals members.
H. Appointment Process.
1. Basis for Consideration. Consideration for appointment shall be based upon a completed public service application, meeting basic qualifications, and interview results.
2. Public Service Applications. Public service applications are available on the City’s website and may be submitted electronically through the website or may be printed and returned to City Hall in person or via the United States Post Office. Paper applications will be available at City Hall via the City Clerk’s office. All public service applications are to be kept on file in the City Clerk’s office for a period of one calendar year from the date of receipt.
3. Notification of Openings. The City Clerk will coordinate the appointment process, beginning with the notification to the general public of openings on all boards and commissions. Openings will be advertised for two weeks via the City’s website (www.gardnerkansas.gov) and other official City social media outlets.
4. Application Review. Following the two-week notification period, the City Clerk shall provide to the Governing Body the applications on file for the specified opening. The Council will then be given one week to advise the City Clerk only of any personally known potential issues with any of the candidates or to offer a personal recommendation for a candidate or candidates from the pool of applicants. The City Clerk will call upon the City Council to submit the names of potential candidates should there be no applications for appointment on file.
5. Candidate Interviews. An additional two weeks will be set aside for the conducting of candidate interviews by the interview team. A Board/Commission representative and the City Administrator (or the City Administrator’s designee) may participate in the interviews at the request of the interview team. Should the number of qualified applicants for a position be less than or equal to the number of positions available, the interview team may make a unanimous decision to nominate the applicant or applicants without an interview.
6. Candidate Nomination. The interview team will have one week after the conclusion of candidate interviews to unanimously choose a nominee which they will bring forward to the City Council for consideration.
7. Appointment as Part of the City Council Meeting Agenda. The City Council will consider the appointment as part of the consent agenda at their first regular meeting after the interview team has selected a nominee.
I. Compensation. Members serve on a volunteer basis and shall not be compensated for their services. Members may be reimbursed for expenses incurred in carrying out their duties.
J. Officers. The Board by majority vote shall elect from among its members a Chairperson who shall preside over the meetings of the Commission, and a Vice-Chairperson who shall act for the Chairperson during absences. Election of officers shall be held annually at the first regular meeting of the calendar year. No member shall serve for more than two consecutive terms as an officer.
K. Removal. A majority of the Governing Body may remove any appointed Planning Commission member at any time for good and sufficient cause. Cause shall include, but not be limited to, any violation of any applicable law, regulation or policy; neglect of duty; and failure to comply with the appointive body attendance policy. If such removal occurs, the vacancy shall be filled by Mayoral appointment, subject to the approval of the Council.
L. Attendance. Attendance shall be recorded by the Department Director or a staff member designated by the Department Director of the Planning Commission and member attendance tracked by the same. Appointees violate the attendance policy if they receive notice of meetings and without excuse miss three consecutive meetings or attend fewer than two-thirds of the regular or special meetings of the board or commission on which they serve within the 12-month period following the member’s appointment, or an anniversary date thereof. “Excuse” shall mean more than inconvenience and includes illness or family emergency. Business commitments shall not be a good excuse. Violation of the attendance policy will be reported to the City Clerk and the Mayor.
M. Reappointment. Planning Commission members wishing to be considered for reappointment after their term has expired shall follow the process as outlined above. When a member of the Planning Commission has served for a period of six consecutive years, that member generally will not be eligible for reappointment until the member has vacated the position for one full term. The six-year restriction does not preclude a member from continuing to serve beyond the expiration of their term when their successor has not been appointed. (K.S.A. 12-701) (Ord. 2667 § 2; Ord. 1774 § 1. Code 1990 § 16-1801)
2.30.020 Reserved.
Repealed by Ord. 2667. (Ord. 943 § 3. Code 1990 § 16-1802)
2.30.030 Planning Commission – Meetings – Quorum.
The Planning Commission herein established shall meet at least once each month at a time and place to be fixed by resolution of the Planning Commission. Special meetings of the Planning Commission may be called by the Chairman or, in his absence, the Vice-Chairman. A quorum of the Planning Commission is by a majority of the Commissioners. Records shall be kept of all Commission proceedings. (K.S.A. 12-703) (Ord. 943 §§ 4, 5. Code 1990 § 16-1803)
2.30.040 Planning Commission – Officer, employees, and consultants.
The Commission shall organize itself annually and select from its members a Chairman and a Vice-Chairman who are selected for a one-year term. A Secretary shall be selected but he/she may be some person who is not a member of the Commission. The Commission shall have such employees and consultants as may be authorized by the Governing Body of the City. (K.S.A. 1968 Supp. 12-706) (Ord. 943 § 6. Code 1990 § 16-1804)
2.30.050 Planning Commission – Comprehensive plan.
The Planning Commission may adopt a comprehensive plan and request of the Governing Body of the City such additional enactments of ordinances as may be necessary. (K.S.A. 1968 Supp. 12-704) (Ord. 2267 § 39; Ord. 943 § 8. Code 1990 § 16-1805)
2.30.060 Planning Commission – Oaths.
Each member of the Planning Commission shall subscribe to an oath before entering upon his/her duties as a member of said Planning Commission. (Ord. 2267 § 40; Ord. 943 § 9. Code 1990 § 16-1806)
2.30.070 Board of Zoning Appeals.
The Board of Zoning Appeals shall be composed of the members of the Planning Commission, the membership of which shall be as provided for within this chapter. The designation of officers, setting of rules of procedure, conduct of meetings and the powers and duties of the Board of Zoning Appeals shall be as provided for within GMC 17.01.040(D). Each member of the Board of Zoning Appeals shall subscribe to an oath before entering upon his/her duties as a member of said Board of Zoning Appeals. (Ord. 2667 § 4)