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HomeMy WebLinkAboutResolution No. 99-16 RESOLUTION NO. 99-16 A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF FRIENDSWOOD, TEXAS, PURSUANT TO AUTHORITY CONTAINED IN SECTION 2-3 OF THE CODE OF THE CITY OF FRIENDSWOOD, TEXAS; AND REPEALING RESOLUTION NO. R89-32. * * * � * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section l. The following rules of procedure shall govern all meetings and proceedings of the Planning and Zoning Commission ("Commission") of the City of Friendswood, Texas, and the conduct of its members and persons in attendance at such meetings: Rule 1. Meetings - Regular and Special. (A) The Commission shali meet in the Council Chambers of the City Hall on the first and third Thursday of each month, commencing at 7:00 o'clock p.m. In the event Thursday falls on a holiday, the meeting for that day shall be rescheduled as determined by the Commission. Any meeting of the Commission may be recessed from hour to hour for a period of time not to exceed 24 hours, by a majority vote of the members present at such meeting, and such recessed meeting shall be held without further notice. (B) Special meetings of the Commission shall be held by the call of the Chairman or of four (4) or more members. Such meetings may be held at City Hall or at another location within the City designated by the Commission. (C) Four (4) members shall constitute a quorum for the transaction of business. (D) The Commission may retire into Executive Session as authorized by the Open Meetings Act (Texas Government Code Chapter 551). These Rules of Procedure shall apply to the conduct of commissioners in an Executive Session, provided they do not conflict with the provisions of the Open Meetings Act. Rules of Procedure by Fwd/06/25/99 Rule 2. Chairman Call to Order. The Chairman, or in his absence the Vice Chairman, shall preside at all meetings of the Commission. In the absence of the Chairman and Vice Chairman, any member elected by a majority of the Commission at such meeting may preside unless another member has been designated by the Chairman. The Chairman or acting Chairman, shall assume the chair, call the Commission to order, and the Secretary shall record the roll. Rule 3. Handling of Agenda Subjects. The Commission shall be the sole judge of its own procedure and shall be in full control of the business before it. Neither the Chairman, the Vice Chairman, nor any member appointed to preside shall have any power to either recess a meeting or adjourn a meeting, or prevent the Commission from considering an agenda item, or lay the same out for consideration, except in accordance with Texas Open Meetings Act, the Ciry Charter and as otherwise provided herein. If, notwithstanding the positive provisions of the Rule, the presiding officer, whether Chairman, Vice Chairman, or member presiding, shall attempt to prevent the Commission from taking any action on any agenda item brought before it, any member present may call for a vote of the Commission to consider the matter. Rule 4. Conduct of Chairman and Members. Any member of the Commission, including the Chairman, who shall fail to observe decorous and orderly behavior during a meeting of the Commission shall be subject to expulsion from such meeting upon motion passed by two- thirds vote of the Commission present at the meeting. Rule 5. Non-interruption Members of the Commission shall be permitted to address the Chair while either seated or standing, and after recognition shall not be interrupted while speaking without his consent, except by a call or order of the Chair. Rule 6. Handling of Question of Order. All questions of order shall be decided by the Chairman with right of appeal of such decision to the members, and a majority of the members present may overrule the decision of the Chair. When the Chair rules on a point of order and one of the members states "I appeal the ruling of the Chair", or words to such effect, no other business shall be transacted until the question, "Shall the ruling of the Chair be sustained?" be voted on. The Chairman shall Rules of Procedure by Fwd/06/25/99 2 immediately put such question to vote without debate, and, if he fails to do so immediately, any member of the Commission may put the question to a vote. Rule 7. Procedure for Submitting Agenda Items. Commission A e�da. Any person requesting the placement of an action item on any Commission Meeting agenda must notify the Planning and Zoning Secretary of same at least ten (10) days prior to the meeting. All backup information such as plats, site plans, etc., must be submitted at that time. Agenda items which do not require action at a Commission Meeting may be submitted up to seventy-two (72) hours in advance of the meeting. The Commission may adopt a policy regulating the # of items on an agenda. Rule 8. Motion to Table. Since the Commission will always have regularly scheduled meetings, a motion to table, when carried, does not permanently defeat a measure. If a motion or other measure is tabled by a majority vote of the Commission, such motion, or other measure, shall be automatically placed on the agenda of the next meeting, for up to three consecutive meetings. If not sooner removed from the table, the item must be removed from the table at the third meeting, and acted upon, even if to place on the table again. Rule 9. Procedure to Debate. Upon any measure being laid out, or any motion being made, any member present, before there is any debate opened on the subject, may make a parliamentary objection to the consideration of the subject which need not be seconded. No debate shall then be permitted, and the Chairman shall immediately put the question, "Shall the objection be sustained?" If the objection is sustained by a vote of two-thirds of the members present, the motion or other measure is permanently defeated for that meeting and shall not be debated (except in accordance with Rule 11). Rule 10. Procedure to Debate. If, during debate upon any motion or other matter before the Commission, any moves that the subject under discussion be put to a vote without further debate (and such a motion need not be seconded), the Chanman shall immediately ask the Commission, "Is there any objection to proceeding to vote on the motion or other measure before the Commission being taken immediately?" If any member objects, the Chairman shall immediately and without debate put the question, "Shall the subject being discussed be put to a vote without debate?" to a vote of the Commission, and if two-thirds of the Rules of Procedure by Fwd/06/25/99 3 members present vote in favor of ordering the vote, debate on the question shall be closed and a vote on the motion or other measure shall be taken immediately. Rule 11. Reconsideration of a Subject. When a motion or other measure of any sort has been placed before the Commission and defeated, the same identical question shall not again be considered by the Commission until ninety (90) days have elapsed from the date of the denial. Rule 12. Reducing Motion to Writing. All motions must be seconded before being put to a vote by the Chair (except where otherwise provided in these Rules), and upon request of any member or Chairman, the party making any such motion (except a motion to order a vote on a subject being considered per Rule 10 or table, or other such procedural matter) shall reduce the same to writing, or request the Secretary to do the same. Rule 13. Secretarial Procedure. A member of the City Staff shall be assigned the duties of the secretary for the Commission and shall act as reading and recording clerk to the Commission. By his or her signature, the Secretary shall certify the correctness of the minutes and journals, shall record all actions taken by the Commission, shall record the vote upon each measure when taken by the ayes and nays, and shall perform such other duties as may be required. The secretary shall mark the absence of any member of the Commission. The secretary shall test and attest to the satisfactory operation of the tape recorder, and maintain proper functioning and tape changes as needed throughout the meeting. The secretary shall ensure that a tape recording of any executive session shall be made and shall secure such following each meeting. The Secretary shall keep a copy of these Rules and any other required documents available for reference. Rule 14. Voting. Unless otherwise required by state law the City Charter ordinances of the City of Friendswood or this Resolution, all action required of the Commission shall be made by a majority vote of the members of the Commission present and voting at such meetings. Excluding conflicts of interest as set forth by state law, the City's Charter, or by vote of Commission, all members present at each meeting must vote on each subject presented for vote. Rules of Procedure by Fwd/06/25/99 4 Rule 15. Citizen's Right to be Heard. Any citizen shall have a reasonable opportunity to be heard at any and all regular and special meetings of the Commission in regard to any and all matters to be considered at any such meeting, or such other matters as citizens may wish to bring to the commission's attention, provided, however, that any matter not posted on the agenda may not be discussed by commissioners nor shall any action be taken except to indicate that the matter may be placed on a later agenda. A time shall be set aside during each commission meeting for the commission to hear from the public with a five minute time limit. Citizens may appear at the commission meeting they desire, and speak after completing a form to appear and presenting it to the secretary. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting commission proceedings, or failing to abide by these rules of procedure in addressing commission, shall be deemed guilty of disorderly conduct and, at the direction of the presiding officer, shall be removed from commission chambers by the sergeant-at-arms or other agent designated by commission. Any citizen shall be entitled to visit city hall, during regular business hours, and inspect all past commission meeting minutes, and the agenda relating to those items to be considered by the commission in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 16. Order of Business - Regular Meetings. Unless agreed to otherwise by majority vote of Commission, the normal order of business before the Commission in any regular meeting shall be as follows: (1) Call to order (2) The Secretary shall mark the absence of the Chairman or any other member of the Commission. (3) The Commission shall correct and adopt or table the minutes of the previous meeting(s). (4) The Commission shall receive petitions and hear any of the public as provided in Rule 15, and any appeal or other matter specially set for public hearing shall then be heard by the Commission. (5) Tabled items shall then be considered. Rules of Procedure by Fwd/06125/99 5 (6) Items for discussion and action shall then be considered. (7) Staff Reports and reports from CommissiQners and council liaison. (8) Adjournment. Rule 17. Order of Business for Special Meetings. Unless agreed to otherwise by majority vote of Commission, the normal order of business before the Commission in any special meeting shall be as follows: (1) Call to order. (2) The Secretary shall mark the absence of the Chairman or any other member of the Commission. (3) The Chairman shall state the purpose(s) of the meeting. (4) Items for discussion and action and other posted agenda items shall be considered. (5) Adjourn meeting. There shall be no business discussed or acted upon at any meeting unless the subject has been duly posted in accordance with TEXAS GOVERNMENT CODE CHAPTER 551, the Open Meetings Act. Rule 18. Suspension of Rules of Procedure. Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate state law, or the City's Home Rule Charter, and not less than two-thirds of the members present vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. The requirement of two-thirds of inembers present to suspend a rule shall not apply to Rules 16 and 17, but the order of business may be suspended by a majority vote. Rules of Proceduce by Fwd/06/25/99 6 Rule 19. Rules of Procedure. Except where in conflict with state law, the City's Home Rule Charter, city ordinance, or the rules of procedure adopted by this Resolution, the rules of procedure laid down in Robert's Rules of Order, 75`� Anniversary Edition, shall govern the proceedings of the Commission. Section 2. Rules regarding official instruments of the Commission. The Commission shall utilize five (5) instruments to formally report its work as follows: Instrument 1. Official Notice. (A) Provisions for advance general announcement of Commission meetings. (B) Provisions for special notice of abutting and adjacent parties having interest in an application before the Commission. Instrument 2. Agenda The agenda of the Commission shall have coherent and consistent structure, with similar items grouped together and relevant staff reports clearly referenced or attached. Instrument 3. Staff Report. A staff report shall be prepared regarding each item requiring action on the agenda and shall become a part of the official record of Commission proceedings. The staff report shall consist of the following: (A) Description of the proposal; (B) Notation of compliance with existing adopted city ordinances and plans; (C) Anticipated impact of the proposal upon existing city streets, services and facilities; (D) Recommendations to bring the proposal into compliance with adopted ordinances and plans, if required. Rules of Procedure by Fwd/06/25/99 7 Instrument 4. Minutes. The structure of the minutes shall follow the order of the agenda, or the order of the items as considered. The content of minutes shall recognize all information presented to the Commission whether by staff, other public agencies or commissions, community groups, or interested parties. The minutes shall provide formal record of the Commission's actions, including the name of the mover and seconder by motions, the specific construction of motions, and the voting record. This record must be provided for all motions, whether passed or defeated. The minutes of each meeting shall be prepared, made publicly available, and adopted by the Commission at a subsequent meeting; at the subsequent meeting, revisions of the minutes may be made by vote. Instrument 5. Resolutions. A resolution may take the form of an official recommendation, coupled with a recitation of reasons, to a legislative or administrative unit; or it may be a definitive action of approval or disapproval over which the Commission holds jurisdiction. Commission resolutions shall contain a clear and specific recitation of reasons for the decision reported. These reasons are necessary to support a recommendation to Commission. They are required when the Commission rejects or amends the recommendation contained with the staff report. Here, the findings and recommendation of the staff should be clearly separated from the findings and recommendations of the Commission. Section 2. The City of Friendswood, Galveston/Harris Counties, Texas, Resolution No. R89-32 is hereby repealed. ADOPTED by the Planning and Zoning Commission of the City of Friendswood on this the �9� day of '���n.�. 1999. , �/ / �� Bill Finger, Ch ' an Planning & Zoning Commission ATTEST: �G� �����t--� Ruth Henry, Develo ment Coordinator Planning & Zoning Commission Rules of Procedure by Fwd/06/25/99 g * * * * * * * * * PASSED, APPROVED, AND RESOLVED by City Council this the 19 th day of Ap r i 1 , 1999. Mayor Harold L. Whitaker ATTEST: , � Deloris McKenzie T C City Secretary Rules of Procedure by Fwd/06/25/99 9