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R2002-0195 12-09-02 Tabled 12109102 See Resolution No. R2003-57 RESOLUTION NO. R2002-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE PLANNING AND ZONING COMMISSION RULES OF PROCEDURE. WHEREAS, the City Council realizes that the citizens on the Planning and Zoning Commission volunteer their time and knowledge to contribute to the quality of life in Pearland; and WHEREAS, the City Council recognizes that the development of a comprehensive Rules of Procedure is necessary to assist and provide direction to the Planning and Zoning Commission as they carry out their duties, WHEREAS, the Planning and Zoning Commission, at its November 18, 2002 meeting, voted unanimously to recommend approval of the Rules of Procedure; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby adopts the Planning and Zoning Commission Rules of Procedure attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED this day of , A.D., 2002. ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PLANNING AND ZONING COMMISSION CITY OF PEARLAND, TEXAS RULES OF PROCEDURE SERVING ON A BOARD OR COMMISSION The City of Pearland Boards and Commissions consist of concerned citizens who volunteer their time and knowledge to make a difference in their community. The works of the citizens that serve on various boards and commissions assists the City Council and directly contributes to the quality of life in Pearland Each Board or Commission member is selected by the City Council after applications are reviewed and candidates are interviewed. Serving on a board or commission is voluntary; board and commission members are not paid or compensated. PURPOSE OF POLICIES AND PROCEDURES The following policies and procedures have been adopted by the Planning and Zoning Commission of the City of Pearland concerning the preparation of their agendas, the scheduling and conduct of their meetings the holding of public hearings, and the making of reports and recommendations and other similar matters to the City Council. Planning and Zoning Commission Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by City Charter. i Planning and Zoning Commission Rules of Procedure 1 Page 2 of 13 ARTICLE 1 I Section I — NAME The Planning and Zoning Commission for the City of Pearland will be operating under the title of ` Planning and Zoning Commission" and will hereinafter be referred to as the "Commission." Section II - EMPOWERMENT The Commission is empowered by the State of Texas in accordance with Chapter 211 of the Texas Local Government Code, to allow local municipalities to exercise police powers over local development through the zoning of property and the subdivision of property, via platting. The Commission is established by the City Charter of the City of Pearland, which calls for the appointment of a seven (7) member Commission, with the powers and duties outlined below. SECTION III — POWERS AND DUTIES As stated in the City Charter, the Commission shall have the power to perform any or all of the following duties: (1) Make recommendations on the amendment, extension, and additions to the master plan for the physical development of the City of Pearland. (2) Recommend, approve, or disapprove plats of proposed subdivisions submitted in accordance with City ordinance as adopted or hereafter amended. (3) Recommend to the City Council approval or disapproval of proposed changes in the zoning plan. (4) Make and recommend to the City Council for adoption, plans for the clearance and rebuilding of slum districts and blighted areas which may develop within the City. (5) Recommend to the City Council the amendment, extension, and revision of the building code, which code shall include the minimum standards of construction for building, the minimum standards for plumbing, and the minimum standards for wiring (6) Submit annually to the City Manager, not less than ninety (90) days prior to the beginning of the budget year, a list of recommendations for capital improvements which in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming five (5) years. Such list shall be arranged in order or preference, with recommendations as to which projects shall be constructed in which year. (7) Meet no less than once each month, meetings to be held at the City Hall unless prior notice of change of meeting place be given by publication in the newspaper in general circulation in the City of Pearland. Planning and Zoning Commission Rules of Procedure Page 3 of 13 (8) Planning and Zoning Commission to be granted all powers as outlined by civil statutes of the State of Texas. ARTICLE II 1 S ECTION I — STRUCTURE The Commission shall consist of seven (7) members, designated "Place 1" through "Place 7", and all shall be appointed by the City Council. The City Manager or designee shall serve as liaison to the Commission. S ECTION II — QUALIFICATIONS OF MEMBERS All members of the Commission shall be residents of the City of Pearland, qualified voters of the City, real property owners and shall not be employees of the City. All appointments and reappointments to the Commission will be for three (3) year terms. S ECTION 111— APPOINTMENT Any vacancy occurring during the unexpired term of an appointed Commission Member shall be filled by a City Council appointment for the remainder of the unexpired term. The Chairperson shall advise the City Council of any vacancies and the Commission may make recommendations regarding appointments to fill vacancies. S ECTION IV — RESIGNATION OR REMOVAL Any Commission Member may resign at any time by giving written notice to the City Secretary. S uch resignation shall take effect on the date of receipt of such notice or at any later date specified therein; and unless otherwise specified therein, the acceptance of such resignation shall be necessary to make it effective. The City Council may choose to remove a Commission Member at its discretion. Cause for removal may include, but not be limited to, absence from three (3) meetings without notice to the Chairperson prior to the meetings (unexcused) within any 12-month period. It is the responsibility of the Chairperson to ensure that attendance is reported to the City Council. ARTICLE III 1 S ECTION I — POWERS AND DUTIES OF OFFICERS The Commission shall annually elect from its members a Chairperson and Vice Chairperson Election of officers shall be held at the first regular meeting in July, or at the first meeting Planning and Zoning Commission Rules of Procedure Page 4 of 13 following the regular annual appointment by the City Council. The election shall occur by show of hands or confidential ballot, whichever the Commission prefers. (a) Chairperson The chairperson shall have the following duties: (1) Preside over all meetings of the Commission. (2) Decide all points of procedure, subject to objection by a majority of the Commission (3) Limit debate and questioning to the appropriate duration. (4) Participate in discussion on all matters before the Commission. (5) Vote on all matters before the Commission (unless a conflict of interest exists). (6) Sign the minutes of the Planning and Zoning Commission after approval of the minutes by the Commission. (7) Be responsible for the efficient and orderly transaction of the Commission's business. The Chairperson may make a motion, second a motion, and debate from the chair. The Chairperson may only make a motion or second after first asking for a motion or second from the Commission. (b) Vice Chairperson The Vice -Chairperson shall have the following duties: (1) Perform the duties of the Chairperson in his or her absence, or his or her inability to perform the duties of Chairperson. (2) Succeed the Chairperson if that office is vacated and serve until the date of the next annual election of officers. A new vice -chairperson shall be elected at the next regular meeting following a vacancy of office. (c) Secretary The Executive Director of Community Services or designee shall serve as the Secretary of the Commission. The Secretary of the Commission shall keep the minutes and records of the Commission and prepare the agendas for meetings. Minutes shall not be official until they are approved by a majority vote of the Commission members present at a/the meeting following the meeting that is described by the minutes All meetings shall be recorded, and audio tapes of the meetings will be kept on file with the Secretary for no less than 90 days. Absent Chair In the event that the Chairperson and Vice Chairperson are not present at a scheduled meeting and a quorum of the Commission is present, those members present shall elect a temporary Chairperson for that meeting. Planning and Zoning Commission Rules of Procedure Page 5 of 13 i ARTICLE IV 1 S ECTION I — OPEN MEETINGS ACT In accordance with the Texas Open Meetings Act, official notice of the meetings of the Commission and joint public hearings must be posted 72 hours in advance of the meetings on the City notification bulletin board, which is located at the entrance to City Hall. A record of all proceedings shall be kept by the Secretary and shall become a public record. S ECTION II — QUORUM A quorum shall consist of a majority of the members of the Commission. The quorum, or 4 members, shall be present for the consideration of any agenda items. An affirmative vote of a majority of those present shall be necessary to pass any item before the Commission. The Secretary may poll the members by telephone or e-mail on the day of the meeting in order to assure that a quorum will be present. If a quorum is not present, the Commission may not conduct a meeting. Members who are aware of conflicts which will prevent their attendance at a scheduled meeting are responsible for notifying the Secretary of their absences in advance of the meeting. S ECTION III — REGULAR MEETINGS The Commission shall hold two (2) meetings per month, at 6:30 p.m. on the first and third Monday of each month, at City Hall located at 3519 Liberty Drive, unless there is no business to discuss. Under special circumstances, such as holidays, the Chairperson may request a cancellation or rescheduling of scheduled meeting dates. S ECTION IV — JOINT PUBLIC HEARINGS The Commission shall hold a joint public hearing with the City Council at 6:30 p.m. on the third Monday of each month, in the Council Chambers of City Hall. The Mayor will conduct the joint public hearings. Staff will present the items scheduled for the joint public hearing, including any correspondence received relative to the items under consideration The Mayor and Chairperson will open the public hearing, and call for testimony in support and opposition to the agenda item. Once a public hearing is closed, no further testimony will be taken. The Commission and Council may ask questions as part of the fact finding process but neither body may begin deliberation on the request. The purpose of the public hearing is for the Council Commission, Staff, and the applicant to identify any potential issues that need to be addressed and resolved before the Commission makes a recommendation to the Council. Voting shall not take place during the joint public hearings. Immediately following the joint public hearings, the Planning and Zoning Commission will usually adjourn and reconvene in a regular business meeting at City Hall to vote on the items that are on the joint public hearing agenda and any other items as specified on the regular agenda of the Commission. Planning and Zoning Commission Rules of Procedure Page 6 of 13 S ECTION V — ORDER OF BUSINESS Meetings shall follow the order of the agenda. The order of the agenda may be changed in order to ensure the efficient operation of the meeting, at the request of any Commission member and approval by the majority of the Commission. The following procedure will normally be observed in the conduct of business at a regular meeting: (1) Call to order (2) The Secretary shall record the members present and absent. (3) Approval of minutes with any corrections (4) New Business - Description of item - Staff presentation Applicant's comments (at the Chairperson's discretion) Motions and amendments Discussion of motion Voting Reconsideration (upon a motion and second from the prevailing side and approval of the majority of the voting members present. Must occur before adjournment of the meeting). (5) Adjournment If the agenda and discussion becomes lengthy, a recess in the meeting can be taken at the discretion of the Chairperson or upon a motion approved by a majority of the Commission. When such recess occurs, the Chairperson or the Commission member making the motion should specify the period of time for the recess. Because the agenda must be posted 72 hours in advance of the meeting, the Commission cannot take action on or discuss any item other than those specifically posted on the agenda. S ECTION VI — VOTING All Commission members shall have one (1) vote equal in weight. All voting shall be by voice or hand vote at the discretion of the Chairperson Each member of the Commission present must vote unless he or she has a conflict of interest, either as defined by state law or as expressed to the Commission by the Commission member. In the event that a case is recommended for denial, the Commission as a whole should state the reasons for their opposition, which will be included with the recommendation letter that is prepared by the Secretary and presented to the City Council. Motions A motion concerning an item may be made by a member of the Commission at anytime following the presentation of an item. A motion must receive a second from another member of the Commission before it may be discussed. If no second is received, the motion fails. Motions receiving a second are open for discussion among the Commission. When the Commission completes its discussion of the item, the chairperson will call for the vote. Planning and Zoning Commission Rules of Procedure Page 7 of 13 A motion is approved if it receives a positive vote by the majority of the members present and voting. A motion fails if it does not receive a positive vote by the majority of the members present and voting. A motion receiving a tie vote fails because it has failed to obtain a majority vote and another motion is needed. Failure of a motion to deny shall not constitute approval of the motion and further consideration is required. Consideration and discussion of an item is concluded when a motion is approved or denied. Abstaining from voting Each member in attendance shall vote on every matter that comes before the Commission. A member shall, after stating the reason, abstain from discussing and voting on a matter before the Commission when: (1) (2) (3) The member has insufficient information due to a prior absence. The member has a conflict of interest under state law or city charter. The member, because of personal circumstances believes that he or she cannot render a fair and impartial decision in the matter. SECTION VII — WORKSHOPS AND SPECIAL MEETINGS Workshops and special meetings shall be held at the call of the City Council, Commission Chairperson, City Manager or designee or by any four (4) Commission members. The types of issues presented during work sessions shall include code amendments, rezoning requests, or controversial issues of significant impact. The Commission may comment, give direction to Staff, or request additional information on the request or issues, but the Commission may not take action during the work session on any item. In most cases workshops shall be scheduled after the regular agenda is completed, in order to allow sufficient time for discussion of workshop items without interfering with the starting time for the regular meeting and causing inconvenience to applicants and other interested parties. ARTICLE V 1 SECTION I — CONFLICT OF INTEREST Members have the right and the obligation to vote on all issues before them and to participate in the business of the Commission, except when a conflict of interest exists, or there is a perception of a conflict of interest. Planning and Zoning Commission Rules of Procedure Page 8 of 13 A public official has a conflict of interest when he or she considers a matter in which he or she has some personal interest that could influence his or her independent judgment. Conflicts of interest are defined by State law and by the City Charter. Refer to Appendix A for conflicts of interest as defined by the Texas Local Government Code and City Charter S ECTION II — ETHICS Ethical considerations in the decision making process of public officials are at the forefront of public scrutiny Even the mere appearance of impropriety impacts the effectiveness of Pearland public officials. Public confidence and respect can best be promoted if Pearland public officials whether paid or unpaid, whether elected or appointed, uniformly treat all citizens with courtesy, impartiality, fairness, and equality under the law and avoid both actual and potential conflicts between their private self-interest and the public trust Ethics is often defined as the principle of right and good conduct, a system of moral turpitude the study of the general nature of morals, and the specific moral choices to be made by the individual in his or her relationship with others. A Commission member may also declare an ethical conflict of interest. This would include involvement with a case, which while not meeting the requirements for a statutory conflict of interest, would create an ethical concern by the Commission Member for his or her impartiality A Commission member with an ethical conflict of interest shall inform the Chairperson prior to the meeting, and shall declare for the public record such conflict at the introduction of the case at the meeting. After notifying the Chairperson, any member of the Commission having a conflict of interest in a case must not discuss the case during briefing or the business meeting, or from voting on the case during the business meeting. S ECTION III — MEETING WITH APPLICANTS OR OTHER INTERESTED PARTIES Commission members are strongly discouraged from meeting with applicants or other interested parties prior to the public meeting regarding specific matters pending before the Commission Adherence to this policy will dispel any speculation that a decision was made on any issue prior to the public meeting where all of the information and testimony is presented or that any member has access to information which was not available to the entire Commission. The Commission should use their best judgment when approached with a matter that may be considered by the Commission in the future. Commission Members must also comply with the Open Meetings Act when meeting with interested parties and other Commission members. If the Commission wishes information to be given to a group prior to a business meeting at which action will be taken on a particular item, the Commission may request that Staff meet with the group to provide such written information as may be available. An applicant that wishes to present information to the Commission prior to consideration of any item may submit such information to the City Manager or designee, who in turn will convey such information to the Commission. S ECTION IV — CONDUCT Commission members shall conduct themselves in a courteous manner and professional manner. Commission members must preserve order and decorum during meeting and when Planning and Zoning Commission Rules of Procedure Page 9 of 13 wishing to speak, should address the Chairperson, and upon receiving recognition, confine their questions or comments to the matters before the Commission Standards of conduct (1) A Commission member shall not accept or solicit any benefit or economic gain or advantage, nor use his/her position to secure special privileges or exemptions. (2) A Commission member shall not grant any special consideration, treatment, or advantage to a person or organization beyond that which is available to every other person or organization. (3) A Commission member shall not personally represent, or appear on behalf of, the private interests of others. ARTICLE VI S ECTION I — RULES OF ORDER All meetings shall generally be conducted according to the basic Parliamentary procedures. The Chairperson will facilitate meetings and will assist the Commission in focusing on agenda items and deliberations, limiting discussions to relevant topics, and generally directing the order of business. The Commission will govern themselves as to the length of the comments or presentations. The Chairperson will conduct public hearings and limit citizen or proponent comments to the specific agenda item and the amount of time allotted to any speaker. S ECTION II — ROBERT'S RULES OF ORDER Robert s Rules of Order, latest revision, shall be the Commission's final authority on all questions of procedure and parliamentary law not covered by these Rules of Procedure. S ECTION III — AMENDMENTS AND REVIEW The Commission at its discretion may amend these rules of procedure. A super majority vote by all of the Commission Members is required to amend the rules of procedure. Any proposed amendment must be presented to the Commission Secretary for placement on an agenda at least thirty (30) days prior to the meeting in which the rules of procedure will be discussed and amended. S ECTION IV — CONFLICTS BETWEEN RULES OF PROCEDURE AND ORDINANCES In the case of any conflict between any City Ordinance and these rules of procedure, the applicable Ordinance will take precedence. In any instance where these rules of procedure are silent, the applicable ordinance or state statute will take precedence. Planning and Zoning Commission Rules of Procedure Page 10 of 13 APPENDIX Conflict of Interest as Defined by the Texas Local Government Code. The Texas Conflict of Interest Law is aimed at preventing local officials from using their positions to financially benefit themselves and/or their relatives. The law requires that if a local official (or close relative) either (1) has a "substantial interest" in or (2) stands to gain a financial benefit from a matter pending before a public agency upon which the official serves, then the official must publicly disclose his/her interest in such matter and abstain from deliberation and voting on it. The official must also sign a disclosure statement. Business Interests: An official is considered to have a substantial interest in a business entity if he or she: (a) owns ten percent (10%) or more of the voting stock or shares of the business entity, (b) owns $15,000 or more of the fair market value of the business entity, or (c) if funds received by the person from the business entity exceed ten percent (10%) of the person's gross income for the previous year For purposes of the law, a business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law Real Estate Interests• The official has a substantial interest in real property if: (1) it is reasonable foreseeable that an action on the matter will have a specific economic effect distinguishable from its effect on the public; and (2) the interest is an equitable or legal ownership with a fair market value of $2,500 or more. If a Commissioner has a substantial interest in a business entity or in real property, the Commissioner must file an affidavit with the Secretary before a vote or decision on any matter involving the business entity or the real property, stating the nature and extent of the Commissioner's interest, and abstain from voting on the matter if: (a) in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. Kin Interests The official has a substantial interest if a person related to him or her in the first or second degree by blood or marriage has a substantial interest in the matter under consideration Planning and Zoning Commission Rules of Procedure Page 11 of 13 The official should disclose the relationship and abstain from voting. First degree relatives include the parents, spouses, children, or siblings of the official Second degree relatives include grandparents, grandchildren, or their spouses or siblings, of the official. Interest in Subdivision Plats. A Commissioner has a "substantial interest" in a subdivided tract if the person: (a) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more: (b) acts as a developer of the tract; (c) owns ten percent (10%) or more of the voting stock or shares of or owns either 10% percent or more or $5,000 or more of the fair market value of a business entity that: (d) receives in a calendar year funds from a business entity described above that exceed 10 percent of the person s gross income for the previous year. If a Commissioner has a substantial interest in a subdivided tract, the Commissioner must file an affidavit with the Secretary, before a vote or decision regarding the approval of a plat for the tract, stating the nature and extent of the Commissioner's interest and shall abstain from voting on the matter. The affidavits, copies of which are attached, are available from the Secretary. A Commission Member is subject to penalty for the following actions: (1) participates in a decision on a matter involving a business entity in which he or she has a substantial interest if it is reasonably foreseeable that the action would confer an economic benefit to the business involved; (2) acts as a surety for a business entity that has a contract, work, or business with the governmental entity; or (3) acts as a surety on an official bond required of an officer of the governmental entity. Planning and Zoning Commission Rules of Procedure Page 12 of 13 AFFIDAVIT CITY OF PEARLAND I, , as a member of the City of Pearland, Texas, Planning and Zoning Commission, make this affidavit and hereby an oath state the following I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Planning and Zoning Commission as those terms are defined in the Texas Local Government Code The business entity is have/has a substantial interest in the business entity for the following reasons: (check all which are applicable) C Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved with an equitable or legal ownership with a fair market value of at least $2,500 or more. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the Planning and Zoning Commission. I reside within 200 feet of the subject property under consideration. U pon the filing of this affidavit, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. S igned this day of , 2002. S ignature of Official BEFORE ME, the undersigned authority, this day personally appeared an on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworn to and subscribed before me on this day of , 2002. N otary Public in and for the State of Texas My Commission expires Planning and Zoning Commission Rules of Procedure Page 13 of 13 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 12-09-02 ITEM NO. DATE SUBMITTED: 11-26-02 DEPARTMENT OF ORIGIN : Planning/Permits PREPARED BY: Theresa Grahmann PRESENTOR: Tobin E Maples SUBJECT: Planning and Zoning Commission Rules of Procedure EXHIBITS: Rules of Procedure (13 pages) EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO. N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO. N/A FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY The Planning and Zoning Commission has been working with Staff over the past few months on Rules of Procedure for the scheduling and conduct of Commission meetings, the holding of public hearings, and the making of reports and recommendations and other similar matters to the City Council. During the November 18, 2002, Planning and Zoning Commission Meeting, the Commission voted unanimously to recommend approval of the Rules of Procedure. RECOMMENDED ACTION Consider Request and Approve Rules of Procedure 183 • COUNCIL ACTION RESOLUTION NO. R2002-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A TRAFFIC PREEMPTION SYSTEM. Mr. Gordon Island, Purchasing Officer. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-191. City Manager, Bill Eisen, gave a brief description of the equipment and costs. Mr. Eisen stated added activation equipment would allow the Emergency Service Department to rapidly respond to emergency calls. He stated the equipment would cost $144 thousand, a $100 thousand was budgeted this year for purchase through HGAC. Mr. Eisen stated this is a favorable pricing for the City. Council and Staff briefly discussed the equipment, cost of the equipment, and the general area for the placement of the equipment. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. • Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE PLANNING AND ZONING COMMISSION RULES OF PROCEDURE. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to table Resolution No. R2002-195, pending further discussion. City Manager, Bill Eisen, stated the proposed resolution is for a set of policies and procedures that would govern the actions of the Planning and Zoning Commission. Brief discussion ensued among Council and Staff regarding future meeting to discuss minor issues regarding the proposed resolution. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Page 21 of 2212/9/2002 7:00 p.m.