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HomeMy WebLinkAboutRES 010813-K - Adopt Amend P&Z BylawsRESOLUTION NO. DI 081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE AMENDMENTS TO THE BYLAWS OF THE CITY PLANNING AND ZONING COMMISSION WHEREAS, the City Council finds it necessary to make certain amendments to the Bylaws of the City Planning and Zoning Commission; and WHEREAS, the attached Bylaws have beenamended to clarify the meeting dates and schedule for the Planning and Zoning Commission. NOW THEREFORE BE IT RESOLVED: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The Bylaws attached as Exhibit A are hereby approved and adopted by the City Council. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. SECTION FOUR. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the day of+�, .'a:` °, :' gt2013 A 1 I EST: CITY OF GEORGETOWN, TEXAS By Jess i m : rettle, City Secretary George G. Garver, Mayor APP ' OVED AS TO FORM: 12S , l 4{1" Bridget Chap an Acting City Attorney BYLAWS CITY OF GEORGETOWN PLANNING AND ZONING COMMISSION ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission ("Commission"). Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a zoning commission as permitted by law, including Local Government Code Chapter 211, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.48. b. The Commission has the power, and its duties include: 1. making appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; 2. making plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the Commission, bears a relation to the planning of the City and making changes in, additions to and extensions of such plans or maps when it deems the same advisable; 3. acting with and assisting all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; 4. recommending to the City Council the passage of such ordinances as it may deem necessary to carry out its program; 5. recommending to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; 6. making studies and recommending to the City Council plans for clearing the City of slums and blighted areas; and Planning and Zoning Commission Bylaws Revised May 2011 Page 1 of 7 7. aiding and assisting the City Council in the annual preparation of a long range capital improvement budget and determining sources of funds. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be comprised of seven (7) Members. Section 2.2. Eligibility. Each Member shall be a registered voter eligible to vote in City elections, reside in the City of Georgetown corporate limits, and have resided in the City of Georgetown for one year preceding their appointment. The Commission shall be broadly representative as a whole. Members shall be drawn, for example, from different residential areas, different racial and ethnic groups, different occupations and professions and different interest groups. Section 2.3. Appointment of Commission Members and Commissioners -in - Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall also appoint three persons, who would be qualified to serve on the Commission, as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commission Member but shall be eligible to be appointed to the position of Commission Member upon the expiration of the term of a regular Commission Member or upon a vacancy on the Commission. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding taints of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or Planning and Zoning Commission Bylaws Revised May 2011 Page 2 of 7 to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice -Chairman and Secretary. The Chairman is appointed by the City Council during the annual appointment process. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice - Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice-Chaiunan shall perform the duties delegated to the Vice -Chairman by the Commission. The Vice -Chairman presides at Commission meetings in the Chairman's absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. Planning and Zoning Commission Bylaws Revised May 2011 Page 3 of 7 c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet at least once a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. One additional meeting per month may be called with consent of the Commission and at the direction of the Planning Director, as needed. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman In the absence of both the Chairman and Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Planning and Zoning Commission Bylaws Revised May 2011 Page4of7 Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the pohcy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Planning and Zoning Commission Bylaws Revised May 201 l Page 5 of 7 Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters Subcommittees comprised of non -Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted m accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission's proposed amendments to the Planning and Zoning Commission Bylaws Revised May 2011 Page 6 of 7 Bylaws must be approved by City Council at the next Council meeting after the Commission's approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of , 20 . ATTEST: THE CITY OF GEORGETOWN City Secretary Mayor Approved and adopted at a meeting of the Commission on the day of 20 ATTEST: COMMISSION Commission Secretary Commission Chairman Planning and Zoning Commission Bylaws Revised May 2011 Page 7 of 7