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HomeMy WebLinkAboutResolution No. 89-32 - RESOI.UTZON i�0. R89-32 A RESOLUTr�N ADOPTING RUL�S 0�' PROCEDURE FOR THE PLANNING AND ZONING COMMZSSION OF THE CITY OF FRIENDSWOOD, T�XAS , PURSUANT TO AUTHORYTY CONTAINED IN SF.CTION 2-3 OF THE C�DE OF THE CITY OF FRIENDSWOOD, TEXAS. � �'c � x x �e BF IT RESOLVRD BY TNF PI�ANNING AND ZONING COMMISSION OF THE CITY OF FRIENDSWOOD, TEXAS: Sec�ion 1 . The followin� rules of procedure shall govern all meet�.ngs and proceedi.ngs of �he Planning and Zoning Commission ("Comm�ssion") of the City of Friendswood , Texas , and the conduct of its members And persons in attendance a� such mee�ings : Rt�le 1 . Me_e�ings - Regular and Special . (A) The Commission shall meet �.n the Council Chambers of the CiCy Hall on the firsr and �hird Thursday of each month, commencin� aC 7 :00 o'clock p.m. zn �he event Thursday �all.s on a holiday, the meeting for �haC day shall be rescheduled ss determined by the Co�mission. Any meeting of the Commission mr�y be recessed from hour to hour or adjourned from day to day by a ma3ority vote o� the members present r�t such meeCinp„ anc3 such recessed or ad�ourned meeting shall be held without further notice to any member; provided further �hat while any mee�ing may be ad�ourned from day to day, then any such meeting shall be automatically fin�lly adjourned upon the commencement of the next scheduled meeting or upon the commencement of Any du2y called special meeting prior �o �he nex� scheduled meQting. Provifled fur�her, no meeCing shall be �8,journed �o a C�me later Chan forty-eighC (4$} hours afCer Che Cime at which the action to Ad,journ any such meeting is taken. (B) Special meeCings of �he Commission shall be held by the call of the Chairman or of four (4} or more members . Such meetings rnay be held aC Citiy Hall or A� anothex locati.on wzthxn the City des�gnated by the Comm�ss�.on. (G) Four- (4) members sha11 coi�stitute e quorum for Che kr�nsaction of business and no action of the Comm�ss�on shall be valid or binding unless adopted by �he affirma�ive voCe o£ four (4) members of the Cpmmi88�0�. In Che event �he Commission membership fa��s below four {4) , then �he af£irm�tive vote of a majority o� the remaining members shall be necess�ry Co take action and a ma�4rity o� the remaining memb�rs sha�� constitute � quorum for the t�ansaction of business. Rule 2 . Chairman Ca11,� �o Order. The Chairman, or �in his absence the Vice Chaixman, sha11 preside : a� all meetings o� the Comm�ss�on. In the absei�ce o£ the Chairman �nd the Vice Chairman, any member elec�ed by a ma�ori�y of the Commissioii at such meeting may preside unless anoCher member has been desig�ated by the Chairmen for such purpose. At the hour of the meet�ng, the Cha�rman or acting Chairman sha11 assume the chair, call the Commission tio order, and the Secr�tary Bhall call the roil. Rule 3. Handling of Agenda Subjects. The Commission sha11 be the sole �udge af i�s own procedure And shall be in full control of Che business before it. Nei�her the Chairman, �he Vice Chairman, nor any member appoinred tio preside shall have any power to ei�her recesa a meeting or ad�ourn R mCPC�ng� or prev�nt the Commission from considering an n�enda item, or lay the same out for consideration, except in accordance w�th Texas Open MeeCings Act, �he Citiy Charter and as o�hcrwise provided h�rein. If, notwithstanding the pos�tive provis�ons of th�s Rule, the presiding afficer, whether Chairman, Vice Chairman, or member presiding, shall attemp� to prevent the Commission �rom taking any acCion on any &$CIICIR item brought be£are it, �ny member present may call £or a vote of th� Commission to consider the ma�Cer. Rule 4. Conduc� of Chairman and Members. Any membEr of th� Commission, including rhe Cha�rman, who shall fail to observe decorous nnd orderly beh�vior dur�.ag a meetzng of the Commiasion sha21 be sub,�ect to expulsion from such meeting upon motion passed by two-thirds vote of the Commission prescnC at the meeting. Ru1e 5. Non-interruption. Members of the��-''Commi.ssion shal� be permi�Ced ro addresa �he Chair while ei�her seated or st�nding, r�nd �£ter recogniti.on sha�l not be interrupted whi2e speaking wi.thout his consent, exc�p� by a call or order of the Ch�ir. -2- � ' Rule 6. Handling o� Question af Order. All queations o� order sha11 be decided by the Chairmnn with the righC o� Appe�1 0� such decision to rhe members, and a majority of Che members present may overrule the decis�on o£ Che Chair. When the Chair xu�es on a poinC of order and one of the members stat�a "� appeal the ruling of the Chair", or words �o such effect, no other business shall be tranBacCed until Che question, "Shall the ruling of rhe Chair be susCained?" be voted on. The Chairman shall immediatel� put such question �o vote wi�hout debate, snd , if he fails to do so immediately, any member of the Commission mAy put the question to a vote. Rule 7 . Pracedurc for 5ubm�tting Agenda Items . Comm�ssion Agenda. Any person requesCing the p��cement o� an act�on item on any Co�mission Meeting ag�nda must notify the �lanning and Zoning Secretary of s�me at least ren (10) days prior Co the meet�ng. A1� backup in�orma�ion such �s plats , si�e plans, etc. , muat be submi�C�d at that t�me. Agenda iCems which do noC require ac�ion �t a Commission Mee�ing �ay be submitted up to seventy-Cwo (72} hours �n advance of �he meeting. �Cit_� Council A enda. The City Secre�ary shall by noCifie�-o . propose recommendations for the City Council Agenda no later �han nooil o£ the Thursday preced�ng the meeC�ng at which the same is �o be considered. Written recommendations must be recexved by the City SecreCary no later rhan noon on Friday for placement �n counciL packets. Rule 8. Mo�ion to Table. Since �he CommiASion will alweys have regularly schedu�ed meet�ngs , a motion to table, when carr�ed, does 210� permanently defeat a measure. If a morion or other measure is tabled by a mg�ority vote of tihe Commission, such mot�on, or o�her measure, ah�11 be considered always to be ly�ng upon ehe �n�le and may be called from �he eable at any �ime by a majority vote of the memb�rs presen�, and again co�isidered. Rule 9. Procedure to Debaee. Upon any meASUre be�ng laid ou�, or aay mo�ion being made, any member present, before there is any debate opened on Che subject, may make a parl.iamenCary ob�ection to the consideration o£ the sub�ect which need not be s�eonded. No deb�te shnll then be permiCred, and the Chairraan shal.� immediatel� put the �}quesCion, "Sha11 thc objection be sus�ained? ' If the ob,jecGion is sus�ained by a vote of two-thi.rds of �hc members presen�, �he motion or other -3- measure is permanently defea�ed for that me�tzng and ahgll not be debated (except in accoxdance with Rul� 11) . Rule 10. Procedure �o Debate. I£; during debate u�on any mot�on or other matter befora Che Commf�sion, any member moves that the sub3ect under discussion be put to a vote without £urth�r deba�e (and sucY► a motion need not be seconded) , the Chairman shall immediately ask the Commission, "Is Chere any ob,jecCion Co proceeding Co voCe on the motion or a�her measure be�ore the Comma.ssion be�ng taken immediately?". If any member objeGts, tha Ch�irman 8haI1 immedia�el.y nnd w�.thout d�bate put the question, "Shall the svb,ject being di.scussed be put to g vote withouC debate?", tio a vo�e of the Commission, and i.f two�thirds of the members presenr vote in favor of Qrdering the vore, debate on the question shall be closed �nd a vvte on the motion or other meaaure � shall be taken imemd�.ate�y. Rule 11. Reconsideratioi� ot a Subject. When a motion or other measure of any sor� has been plac�d before tihe Commission and defeated, the same question shall not aga�r► be considered by �he Commission until � lapse of ninety (90) days . Ru�e 12. Reduc�ng Motion to WriCing. A11 motions must be seconded before being put �o a vot� Uy �he Chair (except where otherwise provided in the�e Rules) , and upan request of any other member or Ch�irman, �he party making any such motion (excegt a moCion �o order a vote on a subject being cons�.dered per Rule 10 Co �ab1e, or o�her such procedural matter) shall reduce the same to writin�, or request the Secretary to do �he same. Rule 13, Secretaz��aJ� �'rocedure. �'he Planning and Zonin� Secretary shall be �he secr�tary of the Commission and shA11 act as reading and recording clerk Co the Commissioii. By his or her signature, the Secretary �hall eerCify the correctness of the minutes And ,journals, shall record all actions taken by the Comm�ssion, sha11 record �he vot� upon each measure when Caken by Che ayes and nays , and shall perform such oCh�r duCies as may be required of the Planning and Zoning Secretary by the Ch�irman and Commission, In th� absence os the Secretary, any suitable person may be �ppointed by a majvr�ty vf the me�bers to serve as Secretary I'ro-Tem v£ r�ny mea t�.ng. _ �,: • -4� The Secr��ary shaZl keep a copy of Chese Rules and any other requ�red documents nvai�able for re£erence. Rule 1�+. Woti�zg. Unless o�herwise required by state Iaw or the Charter or ordinances di the City af �'riendswood or this Resolution, all action required of the Comm�ssion shall be mude by � mt�,jority vote af the members of tihe Commission preser�� at such mee�ings . Excluding conflicts of inrerest as seC forth by statie l.aw, the City' s Hom� Rule CharCer, or by vote of . Commis�ion, all members presenC at each meering must vore on each subj�ct preaented for voCe . Ru1e 15. Citizen's Righ� �o b� Heard. Any citizen sha11 h�ve a reasonable opportunity to be heard nt any and Al1 regular and special meetings of Che Comrnission in regard to any and a11 matters to be considerec3 at any such meeting. A rime shali be se� aside durin� each meeting £ar the Commission to hear from the public. No memb�r of the pubZic shall be heard unless recognized by the ChaxrmRn. Any member of th� public who in�errupts the Commi.ssion proceedings, fa�.ls �o abide by �hese rules of procedure in addressing the Commission, or is atherwi.se disruptiive to the extent the Commiss�on is unable to conduct its mee�ing in an orderly fashion, sha12 be sub�ec� tio removal from �he meeting pZace upon �he direction of �he Commission. Records relxting to �.tems be£ore the Commission Ahall be avail�ble for publ�.c inspection �r the City liall or Public Works Bui.lding in accordance with TF•X. REV. CIV. STAT. ANN, art. 6252�17a, the Open Records A�t. Rule 16, Order of Business - Regular Meetings . Unless agreed to otherwise by ma,jori�y vote of Commission, the normal order of business before �he Commissio� in any regular meeting shall be as follows: {1) Ca�.l Co order. (2) The Secretary shAll mark the ab8ence of �he Chairman or any other member of the Commission. (3) The Secr��ery sha11 tes� and ACtESC to the satisfactory op�ration o£ Che tape recorder, and maintain proper functioning and CApe changes as needed throughout �he meeri.ng, �,.-. (4} Communi.cations from the Chairman sh�ll be presented, -S�- (5) Reports from the members oF the Commission shall be presented. (6) The Commission sl�a�l receive peCitions and hear anx of �he public as provided in Rule 15, an� �ny appeal vr other matCer spscially set �or public hearing shall rhen be heard by the Commission. (7) UnLinished business shall then be considered. (8) Then the Commission shall con�ider any business that �s curren�ly before them. (9) New business sha11 ehen be considered. „ (10) The Commi`ssion shall correct and adopt or rable the minu�es oF the previous meeting(s) . (11) Ad3 ournment. Rule 17. Order vf Business for Special Meeting8. Un2ess agreed to otherw�se by ma,jority vote o£ Comroission, the normal order of buainess before the Commission in any special meeting shall be as follows : (1) Call to order. (2) The Chairman shall call the ro11. and Che Secretary shall mark the absence of the Chair�an or any other member of the Commis�sion. (3) The Secretary sh�l1 tes� and aCtes� to the satisfacCory opera�ion of the �ape record�r, and m�in�ein proper functioning and tiape changes as needed throughout the meeting. {4) The Chairmt�n shall s�ate the purpose(s) of ehe meeting. (S) Adjourn meeting. There shall bE no business discussed or acted upon c�t �ny meeting unless Che sub�ec� hus been duly posted in accordance with TEX. REV. CIV. STAT. ANN. art. 6252-17, the Open Meetings Act. -• Rule 18. Susper�sion of Ru3es of Pxocedure. Any one or all of thesP ruZes of procedure may be suspencied i.n order to a���o�a a particular consideration of � mAtter, provided that �t does not viol�te �tsCe law, or rhe City' s ��ocne Rul.e Charter, Rnd not less than two-Chirds of �6- the members present vo�e in favor of such suspension. Where any rule embadies a provis�on of state law, identical�y or in substance, auch rule mRy not be suspended. The requirement of two-th�zds� of inembers presei�t to auepend a rule shall not apply to Rutes l.6 and 17, buC rhe order of business may be suspended by A ma,jor�ty voCe. Rule 19. Rules of Procedure. Fxcept where i�n confltc� wirh sts�te �.aw, the Cityf s Home Rule Charter,' city ordinance, or the rules of procedure adopCed . by Chis Resolution, the rules of procedure laid �down i.n Robert's Rules of Order, 75th Anniversary Edi�ion, sha11 govern the proceedings of Che Commission. Section 2. Rules regarding official i.nstrumen�s of the Commission. Thc Commission shall utilize five (5) 3.rtstruments Co formally report iCs work as follows : Ii�strument 1 . Official Notice. (A) Provisions �or advance general announcemen� of Commisaion meetings. (B) Provisions �'or special notice of abutCing ��nd ad�ecent parties having interest in an �pptication before the Comm�ssion. Instrument 2. Agenda. The a�enda of �he Commission shall h�tve coherent and consistenC s�ructure, with s�.milar items grouped �ogeth�r And relevanC staff reports clearly referenced or at�ached. Znstrument 3. Staf� Report. A staff report shall be prepared regarding e�.ch item requi.ring action on the agenda and shall became a parC ot the of�icial record o£ Commission proceedings. The staff reporC shall consist of the following: (A} Description o£ the propasal ; (l3) Nota�ion of compliance wiCh exist�.ng adopted city ordinancee and plans ; (C) Anticipatied impact of the proposa�. upon exisCing city streets, services and faci.Iitzes ; -7- (D) Reco�mendat�ons �o br��g �he proposal into coropliacice wiCK adopted ordina�ces and plans, �f required. XrisCrument �+. M�.nuCea. The etrucCure of the minutes shall follow the order of the agenda ae amended. The conCent of mi.nuCes shall recogni7e all in�orcuation preser►Ced to the Commission whether by sCaff, oth�r publi.c r�gencies or commissions, cvma�unity groups, or in�erested parties. The minutes shall provide formal record of the Commission' s ncrionr�, including the name of the mover and seconder by mo�ions, the speci.�ic construcCion of motions, and the voting record. This record musC be provided for aZl motior�s, whether passed or defeaCed. The minuCea of each meetin� shr�ll be prepared, made publicly Available, and adopted by the Commission at e subsdequen� meeting ; at that subsequent meeting , revisions of the minuCes may be mAde by vote. Ins�rucnent 5. Resolutions. A resolu�ion may take the form of an offic�.al recommend�tion, coupled with a recitation of reasona, to a legis2ative or aciminisGr���.ve unit; or it may be a deEinitive action of approval or disapproval over which the Commission holds ,�urisdiction. Commission resolu�ions sh�ll contaiiZ a clear and specific recitation of reasons for the decision reported. These reasons are necessary �o suppore a recommendation to City Council. They are required when the Commission rejecCs or amends the recommendation con�ained with rhe staff report. Here, the findings and recommendation oF the staff should be cletzrly separated from the £indings and recommendations of the Commission. _g_ ADOPTED by the Planning and Zoning Commission of the City of Friendswood on this the 4th day of January, 1990. C�"-eil���- Benny B er , Chairman Planning & Zoning Commission ATTEST: ���� � �K�l��� Ruth Henry, Development C rdinator Pla ing & Zoning Commission � ig go Sig d this da e: � � � � � t � � � * APPROVED by City Couneil this the 15th day of January, 1990. ayor Paul W. Sehrader ATTEST: . Deloris Archer , CMC C t. Secretary � igned th date : -9-