Resolution No 0301RESOLUTION NO. 0301
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF COPPELL, TEXAS, ADOPTING THE FOLLOWING RULES AND
PROCEDURES FOR THE OPERATION OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF COPPELL, TEXAS, PROVIDING A REPEALING
CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Article 9, Section 9.02(A) (5) of the City Charter of the City of
Coppell provides that the Planning and Zoning Commission shall establish rules
and regulations for the operation of the Planning and Zoning Commission; and
WHEREAS, Section 9.02(A) of said Charter states that the Planning and Zoning
Commission shall hold at least one (1) regular meeting each month and as many
additional meetings as it deems necessary to transact the business of the City; and
WHEREAS, Section 9.02(A) of said Charter requires the City Council to establish
the date and time of the regular meetings; and
WHEREAS, the Planning and Zoning Commission of the City of Coppell
recognizes that in order to enhance the concept of effective and democratic
government, it is essential that the Commission establish rules for the conduct of
Commission meetings, both formal and informal, and to establish rules of courtesy
for those attending meetings of the Commission so that the true deliberative
process will not be disturbed.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF COPPELL PLANNING
AND ZONING COMMISSION THAT:
Section 1-10-1 AUTHORITY
The following set of rules shall be in effect upon their adoption by the
Commission and until such time as they are amended or new rules adopted
in the manner provided for by these rules.
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Section 1-10-2 GENERAL RULES
1-10-2.1
Meetings to be Public.
All official meetings of the Commission shall be open to the public,
except those authorized by the laws of the State of Texas to be
otherwise.
1-10-2.2
A majority [four (4) members of the Commission] shall constitute a
quorum [Charter Article 9, Section 9.02(A) (3)].
1-10-2.3
Minutes of Meetings.
Article 8, Section 8.04(D) states that the Commission shall provide
written minutes to be taken of all Commission meetings, except
executive sessions authorized by law, and such minutes shall be a
public record and shall be maintained by the Planning and Zoning
Secretary. These minutes shall be open to inspection by the general
public. In addition to the official minutes of each Commission
meeting, except executive sessions authorized by law, the Planning
and Zoning Secretary shall make an audio recording of the
proceedings. These audio recordings shall be kept as long as
administratively valuable, but not less than a period of thirty-six
(36) months from the date of the meeting.
1-10-2.4
Questions Subject to Division.
If two or more subjects or points are involved in any vote before
the Commission, any member of the Commission may require a
division, if the question reasonably allows a division.
1-10-2.5
Right of Floor.
Any member of the Commission desiring to speak shall be
recognized by the Chairman and shall confine his or her remarks to
the subject or question under consideration or to be considered.
1-10-2.6
Attendance of the Planning and Zoning Director.
The Planning and Zoning Director, and/or the Director's designee,
shall attend all meetings of the Commission. The Director, and/or
designee, shall make recommendations to the Commission and shall
have the right to take part in all discussions of the Commission but
shall have no vote.
1-10-2.7
Attendance of Commission Members.
If a regular Commission member is absent for three (3) consecutive
regularly scheduled meetings, or 25 percent of the regularly
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1-10-2.8
1-10-2.9
1-10-2.10
1-10-2.11
1-10-2.12
1-10-2.13
scheduled meetings within a 12-month period, said member shall be
removed from the Commission, and the City Council will fill the
unexpired term within 30 days.
City Attorney.
The City Attorney, or Acting City Attorney, shall attend meetings
of the Commission when requested by the Chairman or Vice-
Chairman and shall give an opinion, either written or oral, on
questions of law as requested by the Chairman or a member of the
Commission. The City Attorney shall act as the Commission's final
authority concerning procedural and parliamentary questions.
Planning and Zoning Secretary.
The Planning and Zoning Secretary, or Acting Planning and Zoning
Secretary, shall attend all meetings of the Commission and shall
keep the official minutes and perform such other duties as may be
requested of him or her by the Charter or the City Manager.
Department Heads or Employees.
At the direction of the City Manager, any department head or
employee of the City may, when requested by the Chairman, attend
any meeting of the Commission. If requested to do so by the
Chairman, they may present information relating to matters before
the Commission.
Rules of Order.
That Roberts Rules of Order, Revised, shall be used as a guide
concerning the priority of motions brought before the Commission
in all cases, unless they are in conflict with these rules or the City
Charter.
Notwithstanding any provision to the contrary, no action of the
Commission shall be held invalid by reason of any failure to comply
with the provisions of this section.
Suspension of Rules.
Any provision of these rules not covered by the City Charter or
laws of the State of Texas may be temporarily suspended by a two-
thirds vote of all members of the Commission present. The vote on
any such suspension shall be by roll call called by the Chairman or
the person serving as Chairman and shall be recorded in the minutes
of the meeting.
Amendment to Rules.
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These rules may be amended, or new rules adopted, by a two-thirds
vote of all members of the Commission provided that the proposed
amendments or new rules have been introduced into the record at
the previous regular Commission meeting.
Section 1-10-3 TYPES OF MEETINGS
1-10-3.1
Regular Meetings.
The Commission shall meet in the Council Chamber at the City
Hall, or location as designated, on the third Thursday of each
month at such time as posted, unless otherwise officially changed
by the City Council.
1-10-3.2
Special Meetings.
Special meetings of the Commission shall be held on the call of the
Chairman, or in his or her absence, the Vice Chairman or a majority
of the Commission members. Notice shall be given to each member
of the Commission. The call for a special meeting shall be filed
with the Planning and Zoning Secretary in written form, who shall
then notify each Commission member personally or by leaving a
copy of such written notice at their usual place of abode, except
that announcement of a special meeting, during any regular meeting
at which a quorum of the members are present, shall be sufficient
notice to Commission members present of such special meeting.
The call for a special meeting shall specify the date, time and
location of the special meeting and shall list the subject or subjects
to be considered. No special meeting shall be held unless notice
and the agenda have been posted in accordance with the Open
Meetings Act of the State of Texas. Only such business may be
transacted at a special meeting as may be listed in the call of said
meeting or as indicated thereto.
1-10-3.3
Work Sessions.
The Commission may meet informally in work sessions at the call of
the Chairman, or in his or her absence, the Vice Chairman, or upon
the call of a majority of the members of the Commission, to
interchange information, provided that all discussions and
conclusions shall be informal. A work session may include the
informal meeting more commonly referred to as a pre-agenda
meeting. Notice of any work sessions shall be given in accordance
with the Open Meetings Act of the State of Texas and no action
shall be taken at a work session unless authorized by a specific
agenda item.
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1-10-3.4
Recessed Meetings.
Any meeting of the Commission may be recessed to a later time,
provided that any recess shall be to a certain date and time. If the
meeting, which is recessed, required published notice in the
newspaper and the recessed date and time is announced at the initial
meeting, no additional newspaper publication shall be necessary.
Section 1-10-4 CHAIRMAN AND DUTIES
1-10-4.1
Chairman.
The Chairman, if present, shall preside as Chairman at all meetings
of the Commission. In the absence of the Chairman, the Vice
Chairman shall preside. In the absence of both the Chairman and
the Vice Chairman, the Commission shall elect a Chairman.
1-10-4.2
Call to Order.
The meetings of the Commission shall be called to order by the
Chairman, or in his or her absence, by the Vice Chairman. In the
absence of both the Chairman and the Vice Chairman, the meeting
shall be called to order by the senior (in tenure) member of the
Commission present at the meeting.
1-10-4.3
Preservation of Order.
The Chairman shall preserve order and decorum, prevent personal
references to Commission members or the impugning of members'
motives, and confine members in debate to the question under
discussion.
1-10-4.4
Points of Order.
The Chairman shall determine all points of order, subject to the
right of any member to appeal to the Commission. If any appeal is
taken, the question shall be: "Shall the decision of the Chairman be
sustained?"
1-10-4.5
Questions to be Stated.
The Chairman shall state all questions submitted for a vote and the
Planning and Zoning Secretary, or the person acting as the
Secretary, will announce the results of the roll call vote in the
following form: "Being __ Yes votes for the question and __ No
votes against the question, the question is passed or defeated;"
provided, however, that the announcement of passed or defeated
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shall not affect the validity of the vote if such announcement is not
correct.
Section 1-10-5 ORDER OF BUS1NESS
1-10-5.1
Agenda.
The Planning Director, or the Director's designee shall as contained
in the agenda prepare the order of business of each meeting. The
agenda for any regular or special meeting shall be a listing by topic
of subjects to be considered by the Commission.
The agenda for regular Commission meetings shall be delivered to
members of the Commission no later than each Friday preceding the
Thursday meeting to which it pertains. The Planning Director, or
designee, will exercise his or her best judgment in determining the
most important items received for placement on the agenda and
shall add other items of business in staff' s discretion to come before
the Commission.
1-10-5.1.1
Commission Members' Submission of Agenda Items.
All Commission members may submit agenda items. All items to be
placed on the agenda must be submitted in writing to the office of
the Planning Director by 10 a.m. o'clock on the second Monday
preceding the meeting at which he or she wishes the subject to be
considered. Upon a majority vote of the Commission members, the
Planning Director, or Director's designee, shall be required to place
an item on the agenda of a regular meeting.
1-10-5.1.2
Citizens Submission of Agenda Items.
Any resident of the City of Coppell shall have the right and
opportunity to submit an item to be placed on the agenda of a
regular Commission meeting. An item requested by a citizen to be
placed on the agenda must be submitted in writing to the office of
the Planning Director, or his designee, no later than 10 a.m. o'clock
on the second Monday preceding the regular meeting at which the
citizen is requesting the subject to be considered. The request must
clearly state the nature and subject of the item to be considered. If
in the opinion of the Planning Director, or Director's designee, the
agenda of the requested meeting is lengthy, he or she may defer the
item to the next regular meeting of the Commission. In the case of
a delay, the Planning Director, or Director's designee, will notify
the citizen of the delay no later than the Friday preceding the
regular meeting requested by the citizen. In no case may a citizen's
request be delayed for more than one regular meeting.
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1-10-5.1.3
1-10-5.1.4
1-10-5.1.5
City Staff Submission of Agenda Items.
Any department head wishing to have an item placed on the agenda
of a meeting of the Commission shall submit a written request to
the Planning Director, or Director's designee, of that fact no later
than 10 a.m. o'clock on the second Monday preceding the meeting
at which he or she wishes the subject to be considered.
Planning Director's Discretion.
Notwithstanding the submission deadlines in subparts 5.1.1, 5.1.2,
and 5.1.3 above of Section 1-10-5, the Planning Director, or
Director's designee, may permit additional agenda items and any
documents for distribution to the Commission to be submitted later
than the deadlines specified.
Emergency Agenda Items.
An item not appearing on the regular agenda shall not be taken up
for discussion as a matter of Commission business during a regular
or special meeting unless it is of an emergency nature and comes to
the Planning Director's, or Director's designee's, attention too late
to appear on the agenda and only then after being posted in
accordance with the laws of the State of Texas. Prior to
consideration, any emergency item may be removed from the
agenda by majority vote of the Commission members at the
meeting.
1-10-5.2 PRESENTATIONS BY CITIZENS
1-10-5.2.1
Public Hearings.
Any person wishing to appear at a public hearing held by the
Commission pursuant to any official notice thereof shall be allowed
to speak on an individual item. Each speaker shall indicate name
and address and shall be limited to a five-minute presentation, and
there shall be a cumulative limit of sixty (60) minutes for all those
speaking for an item on the agenda, and a like limit for all those
speaking against an item on the agenda. No group or organization
shall be allowed more than three speakers on any agenda item.
These limitations may be extended at the discretion of a majority
vote of the Planning Commission members present.
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Section 1-10-6 CONSIDERATION OF RESOLUTION AND MOTIONS
1-10-6.1
Votes Required to Pass.
Approval of every action, resolution or motion, except as
specifically provided in the City of Coppell Home Rule Charter,
shall require the affirmative vote of a majority of the members
present.
1-10-6.2
Abstention.
Should any member of the Commission choose to abstain from
voting on any question before the Commission, where no declared
conflict of interest exists, the abstention shall be recorded as an
affirmative vote in favor of the motion pending before the
Commission in the official minutes of the Commission.
1-10-6.3
Reconsideration.
A motion to reconsider any action of the Commission can be made
only upon the affirmative vote of four or more members of the
Commission.
1-10-6.4
Withdrawal of Motions.
A motion may be withdrawn or modified by the mover at any time
prior to passage without asking permission. If the mover modified
his or her motion, the seconder may withdraw his or her second.
Section 1-10-7 CREATION OF COMMITTEES
1-10-7.1
Commission Committees.
The Commission may, as the need arises, authorize the appointment
of "ad hoc" committees. Except where otherwise specifically
provided by the Charter, the Chairman shall appoint the members of
the Commission committees, subject to the approval of the
Commission. Any committee so created shall cease to exist upon
the accomplishment of the special purpose for which it was created
or when abolished by a majority vote of the Planning Commission.
Section 1-10-8 ENFORCEMENT OF DECORUM
1-10-8.1
Warning.
All persons (other than members of the Commission) shall, at the
request of the Chairman, be silent. If after receiving a warning from
the Chairman, a person or group of persons, persists in disturbing
the meeting, the Chairman, or the person acting as Chairman, may
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1-10-8.2
1-10-8.3
order that person or group of persons to remove himself or
themselves from the meeting.
If they do not remove himself or themselves from the meeting, the
Chairman, or the person action as Chairman, may order the
Sergeant-at-Arms to remove him or them.
Removal from a Meeting.
The Chief of Police, or such member or members of the Police
Department as the Chairman, or the person acting as or for the
Chairman, may designate, shall be Sergeant-at-Arms of the
Commission meetings. He or they shall carry out all orders and
instructions given by the Chairman for the purpose of maintaining
order and decorum at the meetings of the Commission. Upon
instruction of the Chairman, it shall be the duty of the Sergeant-at-
Arms to remove from the meeting any person(s) who intentionally
disturb(s) the proceedings of the Commission.
Resisting Removal from a Meeting.
Any person or persons who resist removal by the Sergeant-at-Arms
shall be charged with violating Section 42.05 of Vernon's
Annotated Penal Code.
Section 1-10-9 CAMERAS AND RECORDING DEVICES
1-10-9.1
Supplemental Lighting.
Supplemental lighting for television and motion picture cameras
shall be used only with the exercise of extreme discretion with
regard to the intensity and duration of such lighting and with a view
to creating the least amount of interference with or disturbance of
the proceedings of the Commission and the least amount of
discomfort to the members of the public in attendance.
1-10-9.2
Disruptive lighting. The Chairman or the person acting as
Chairman shall have the authority to determine whether the
intensity and/or duration of supplemental lighting is such that it
disturbs the proceedings of the Commission and upon making such
a determination require that the use of such lighting be
discontinued.
Section 1-10-10 ENFORCEMENT
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1-10-10.1
Motion to Enforce. Any member of the Commission may move to
require the Chairman to enforce these rules and the affirmative vote
of four members of the Commission shall require him or her to do
SO.
Section 2
REPEALING CLAUSE
All resolutions, or parts of resolutions, inconsistent or in conflict
with the provisions of this resolution are hereby repealed.
Section 3
SEVERABILITY CLAUSE
If any section, paragraph, subdivision, clause, phrase or provision
of this resolution shall be adjudged invalid or held unconstitutional
by a court of competent jurisdiction, the same shall not affect the
validity of this resolution as a whole or any part or provision
thereof other than the part so determined to be invalid or
unconstitutional.
Section 4
EFFECTIVE DATE
This resolution will be effective upon approval by the City Council.
PASSED AND APPROVED THIS 16th day of October, 2003.
Drew Halsey, Chairman
ATTEST:
APPROVED AS TO FORM:
Barbara Jahoda, Secretary
Robert E. Hager, City Attorney
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