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Resolution No. 011398.1 RESOLUTION NO. 0113 / _ 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) (S) of the City Charter of the City of Coppell provides that the Planning and Zoning Commitsion shall establish rules and t%,ulations for the operation of the Planning and Zoning Commission; and WHEREAS, Section 9.02(A) of said Chm'~ states that the Planning and Zoning Commitsion shall bold at loa~t one (1) regular meeting each month and as many additional meetings aa it deem~ neccmary to tratmact the btt~ne~ of the City; and WHEREAS, Section 9.02(A) of said Chartar requires th¢ City Council to establish the date and time of the regular meetings; and WHEREAS, the Planning and Zoning Commission of the City of Copp¢:il reco~nizes 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 Commitsion 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 AU'I~ORITY The following set of roles shall be in effect upon their adoption by the Commission and until such time as they are mended or new rules adopted in the manner provided for by these rules. 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 Quorum. 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 ~. 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 fight to take part in all discussions of the Commission but shall have no vote. 1 - 10-2.7 Attendance of Commission Members. If a Commission member is absent for three (3) consecutive regularly scheduled meetings or if a Commission member is absent for twenty-five (25) percent of the regularly scheduled meetings within a twelve (12) month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the City Council within thirty (30) days after the vacancy occurs. 1-10-2.8 Ci.ty 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 Commisgion's final authority concerning procedural and parliamentary questions. 1-10-2.9 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. 1 - 10-2.10 Department Heads or Employees. At the direction of the City Manager, any department head or employee of the City may, when requested by the Chainnan, attend any meeting of the Commission. If requested to do so by the Chairman, they may present information relating to matters before the Commission. 1-10-2.11 K~iD/_(Xt~. 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. 1 - 10-2.12 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. 1 - 10-2.13 Amendment to Rules. 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 Re_malar Meetings. The Commission shall meet in the Council Chamber at the City Hall on the third Thursday of each month at 7:30 p.m. o'clock unless otherwise officially changed by the City Council. 1-i0-3.2 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 m~n'aber 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, exc~t 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 and hour 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 macted at a special meeting as may be listed in the call of said meeting or as indicated thereto. 1-10-3.3 ~. 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. 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 1-104.1 Chalrm~. 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 Chsirman. 1-10-4.2 ~. 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 decon, 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 P_ojaalDL(;~. The Chairman shall determine all points of order, subject to the fight 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 shall not affect the validity of the vote if such announcement is not correct. 5 Section 1-10-5 ORDER OF BUSINESS 1-10-5.1 Agg, II.~. The order of business of each meeting shall be as contained in the agenda prepared by the Planning Director, or the Director's designee. 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 exemise 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 Item-q. Any resident of the City of Coppell shall have the right and opporttmity 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. &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 desiguee, 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. 6 1 - 10-5.1.3 Ci_ty 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. 1-10-5.1.4 Planning Director's Discretion. Notwithstanding the submission deadlines in subparts 6.1.1, 6.1.2, and 6.1.3 above of Section 1-10-6, the Planning Director, or Director's designco, may permit additional agenda items and any documents for distribution to the Commission to be submitted later than the deadlines specified. 1-10-5.1.5 Emergency Agenda Ite~ns. 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 fi'om the agenda by majority vote of the Commission members at the meeting. 1-10-5.2 PRESENTATIONS BY CITIZENS 1-10-5.2.1 hlhlig~;tgllilg~. Any person wishing to appear at a public heating 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. 7 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 resolution, motion or other matter before the Commission, where no declared conflict of interest exists, his or her vote shall be declared as an affirmative vote in the official minutes of the Commission meeting. 1-10-6.3 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 hoe" committees. Except where other, vise 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 3~f. allliag. 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 order that person or group of persons to remove himself or themselves fxom the meeting. If they do not remove himself or themselves ~:om the meeting, the Chairman, or the person action as Chairman, may order the Sergeant-at-Arms to remove him or them. 1-10-8.2 R~moval 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 '.retentionally disturb(s) the proceedings of the Commission. 1-10-8.3 Resistinu 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 Li_p_.hting. 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 sudh a determination require that the use of such lighting be discontinued. 9 Section 1-10-10 ENFORCEMENT 1-10-10.1 Motion to Enforce. Any member of the Commission may move to require the Chairman to enforce these roles 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 ff 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/e City Council. PASSED AND APPROVED THIS 18th o 997. ATTEST: APPROVED AS TO FORM: ~ter G. Smith, C/ity Attoriey 10