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HomeMy WebLinkAboutRES 112613-M - Adopt UDC BylawsRESOLUTION NO. J v 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE UNIFIED DEVELOPMENT CODE ADVISORY COMMITTEE BYLAWS; PROVIDING A CONFLICT CLAUSE AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 12, 2013, the City Council established by Ordinance the Unified Development Code Advisory Committee; and WHEREAS, the attached bylaws have been created pursuant to City Charter and Code of Ordinances. 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 Unified Development Code Advisory Committee Bylaws, attached to this Resolution as Exhibit A, are hereby approved and adopted. SECTION THREE. If any provision of this Resolution or application thereof to any person or circumstance shall be held invalid such invalidity shall not affect the other provisions or application thereof of this Resolution which can be given effect without the invalid provision or application and to this end the provisions of this Resolution are hereby declared to be severable. SECTION FOUR This Resolution shall be effective immediately. SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the 26 day of November, 2013. VED AS TO FORM: Attorney CITY OF GEORGETOWN, T AS By GeorgKi. Garver, Mayor Resolution Number: 1 l � 151 Page 1 of i UDC Advisory Committee Bylaws November 26, 2013 BY -LAWS OF THE CITY OF GEORGETOWN UNIFIED DEVELOPMENT CODE ADVISORY COMMITTEE ARTICLE I. NAME AND PURPOSE Section 1.1. Name. The name of this committee is the "Unified Development Code Advisory Committee," and is sometimes referred to herein as "the Committee." Section 1.2. Purpose. The purpose and goals of the Committee shall be: 1. To review proposed or requested amendments to the Unified Development Code (the "UDC ") other than executive amendments which are those amendments that are nondiscretionary, mandatory, or legislative revisions necessary to address state statutes or case laws, ratify published director interpretations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; 2. To make recommendations and advise the Planning and Zoning Commission and the City Council on the proposed amendments to the UDC; 3. To provide an additional forum for public participation and input regarding proposed amendments to the UDC; and 4. To assist the general public in understanding the proposed amendments to the UDC. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Committee will consist of seven members. The Committee shall include one member from each of the following categories: 1. Past Planning & Zoning Commissioner; 2. Current Planning and Zoning Commissioner; 3. Developer currently active in the local area; 4. Georgetown Chamber of Commerce member; 5. Homebuilder currently active in the local area; 6. Individual with technical expertise related to the development industry such as surveyor, architect, developer, engineer, land planner, etc. — either active or retired; and 7. Citizen at large. UDC Advisory Committee November 14, 2013 Page 1 of 7 In the event that there is not a qualified applicant from one or more of the categories above, then an individual from one of the other six categories may be selected to fill the position on the Committee. Section 2.2. Eligibility. All members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. Section 2.3. Appointment of Board Members. Members of the Committee shall be appointed in accordance with the City Charter. 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. See Ordinance Section 2.36.030A or additional provisions regarding terms 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 and Chapter 2.36 of the Code of Ordinances. 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 Committee and its Members have no authority to expend funds or incur 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 Committee. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Committee 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 Committee for any reason, or for no reason, by a majority vote of the City Council. See Ordinance Section 2.36.030F. ARTICLE III. COMMITTEE OFFICERS Section 3.1. Officers. The Committee Officers are Chairman, Vice - Chairman, and Secretary. The Chairman is appointed by the City Council during the annual UDC Advisory Committee November 14, 2013 Page 2 of 7 appointment process. The other Committee Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. See Section 2.20.040E for additional provisions regarding Officers. Section 3.2. Terms of Office for Committee Officers. Committee 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 Committee officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Committee meetings. The Chairman shall generally manage the business of the Committee. The Chairman shall perform the duties delegated to the Chairman by the Committee. b. The Vice - Chairman shall perform the duties delegated to the Vice- Chairman by the Committee. The Vice - Chairman presides at Committee meetings in the Chairman's absence. The Vice - Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Committee. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Committee shall meet when necessary to carry out its responsibilities, but in any event the Committee shall hold an annual meeting during March to elect officers, and to review Chapter 2.20 of the Code of Ordinances, the Committee By -laws, and the Hearing Procedures appended hereto. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, by the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for the preparation of 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 Committee 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 Committee meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. UDC Advisory Committee November 14, 2013 Page 3 of 7 Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by three (3) members of the Committee. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Committee to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Committee 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. Committee meetings will be conducted in accordance with these Bylaws and Council Meeting Rules and Procedures, as applicable to the Committee. See Ordinance Chapter 2.24. 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 is 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 Committee Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Committee Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Committee meetings. The Staff Liaison is the custodian of all Committee records and documents. Section 4.9. Attendance. Members are required to attend Committee 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 Committee. See Ordinance 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Committee meetings and Subcommittee meetings. If a Member is removed from the Committee that position shall be considered vacant and a new Member shall be appointed to the Committee in accordance with Section 2.5 above. UDC Advisory Committee November 14, 2013 Page 4 of 7 Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Committee meetings and to speak on any item on the agenda. In order to allow for greater input from the public, speakers shall be allowed to speak for longer than three minutes and will be allowed to speak in an open forum style so long as: 1. Speakers desiring to speak wait until they are recognized by the chair to do so; 2. Speakers do not interrupt other Speakers or Committee members; 3. Speakers confine their remarks to the agenda item being considered; and 4. Speakers preserve order and decorum and treat each other, Committee members, and City staff with dignity, respect and civility. The Chair of the Committee shall have the authority to end speaker input on an agenda item if any speaker fails to abide by the rules above or the Committee, by majority vote, has determined sufficient speaker input has been received to proceed forward to the regular legislative meeting. 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 Committee and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Committee meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Committee 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 Committee 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 Committee meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Committee shall meet with City Council, as requested, to determine how the Committee may best serve and assist City Council. City Council shall hear reports from the Committee at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES UDC Advisory Committee November 14, 2013 Page 5 of 7 Section 6.1. Formation. When deemed necessary by a majority of the Committee, Subcommittees may be formed for specific projects related to Committee 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 Committee. Subcommittee expenses may be reimbursed if authorized and approved by the Committee 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 in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VIII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Committee Members at any regular meeting of the Committee. The Committee's proposed amendments to the Bylaws must be approved by City Council. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of , 2013. ATTEST: THE CITY OF GEORGETOWN City Secretary Mayor Approved and adopted at a meeting of the Unified Development Code Advisory Committee on the day of 2013. ATTEST: COMMITTEE: UDC Advisory Committee November 14, 2013 Page 6 of 7 Committee Secretary Committee Chairman UDC Advisory Committee November 14, 2013 Page 7 of 7