(A) The City Planning Commission is hereby created.
(1) The Planning Commission shall consist of five regular members who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the Council. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning or subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a SUFFICIENT NUMBER OF RESIDENTS shall mean 500 residents. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. All regular members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the board of adjustment as provided in Neb. RS 19-908. The term of each regular member shall be three years, except that approximately one-third of the regular members of the first Commission shall serve for terms of one year, one-third for terms of two years and one-third for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the Council, be removed by the Mayor with the consent of a majority vote of the members elected to the Council for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filed for the unexpired portion of the term by the Mayor.
(2) One alternate member shall be appointed to the Planning Commission who shall be chosen by the Mayor with the approval of a majority vote of the elected members of the Council. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the Council.
(3) The Commission shall elect its Chairperson from its members and create and fill such other of its offices as it may determine. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection. The Commission shall hold at least one regular meeting in each calendar quarter, except the municipal governing body may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting, when necessary to deal with business pending before the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.
(4) The Council may provide the funds, equipment and accommodations necessary for the work of the Commission, but the expenditures of the Commission exclusive of gifts, shall be within the amounts appropriated for that purpose by the Council; and no expenditures nor agreements for expenditures shall be in excess of such amounts.
(5) Except as provided in Neb. RS 19-930 to 19-933, the Planning Commission shall: make and adopt plans for the physical development of the municipality including any areas outside its boundaries which in the commission’s judgment bear relation to the planning of such municipality and including a comprehensive development plan as defined by Neb. RS 19-903; and prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes and zoning ordinance in cooperation with other officials and agencies, public utilities, civic organizations, educations institutions and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs. The Commission may delegate authority to any such group to conduct studies and make surveys for the Commission, make preliminary reports on its findings, and hold public hearings before submitting its final reports. The City Council shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning until it has received the recommendation of the Planning Commission. The Planning Commission shall provide its recommendation to the council within 20 days of the date of its review of any matter.
(B) The Commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths and compel the giving of testimony.
(Ord. 379, passed 2-9-2010)