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06-12-1990 (Planning & Zoning) Minutes TO: PLANNING AND ZONING COMMISSION MEMBERS FROM: CAROLYN JONES, CITY SECRETARY DATE: JUNE 15 , 1990 SUBJECT: LAND USE ASSUMPTIONS PLAN, CAPITAL IMPROVEMENTS PROGRAM AND IMPACT FEES At the regular meeting of the City Council on Tuesday, June 12 , 1990 the attached duties and rules and procedures were adopted . These are your guide lines for the Capital Improvements Program Advisory Committee. This is a draft copy, and as soon as the original is signed, you will be given a copy of that . CITY OF WYLIE, TEXAS CAPITAL IMPROVEMENTS ADVISORY COMMITTEE RULES AND PROCEDURES ORGANIZATION AND OFFICERS A. Organization: The Capital Improvements Advisory Committee shall be composed of the seven (7) regular members and one (1) appointed Ad-Hoc member of the Planning and Zoning Commission. The Advisory Committee shall have at least one member of the real estate, development or building industry. The Advisory Committee shall exercise such powers as prescribed by Chapter 395, Local Government Code, and as granted by the City Council of the City of Wylie, Texas. B. Officers: The officers of the Planning and Zoning Commission shall hold like positions on the Advisory Committee. These officers shall be Chairman and Vice-Chairman. The Secretary shall be the Code Enforcement Division Secretary. C. Duties: The Advisory Committee shall serve in an advisory capacity and is established by the City Council to perform the following duties: 1. To advise and assist the City in adopting Land Use Assumptions. 2. To review the Capital Improvements Plan and file it's written comments. 3. To monitor and evaluate implementation of the Capital Improvements Plan. 4. To file semi-annual written reports with respect to the progress of the Capital Improvements Plan and to report to the City any perceived inequities in implementing the Plan or imposing the Impact Fee. More frequent reports may be prepared and filed at the discretion of the Advisory Committee or instruction of the City Council. 5. To advise the City of the need to update or revise the Land Use Assumption Plan or Capital Improvements Plan and Impact Fee. Reed-Stowe & Co. DALLAS 2144580205 P. 03 e"'" V'. P. i?wr. 6. Provide other Impact Fee advisory services as directed by the City Council. D. Rules of Order: Roberts Rules of Order, latest revision, shall be the Committee's final authority on all questions of procedure and parliamentary laws not covered by these rules and procedures. The Rules and Procedures of the Advisory Committee shall be adopted and approved by the City Council. Any modification to the adopted Rules and Procedures shall first be submitted to the City Council for formal approval. A certified copy of these Rules and Procedures and any amendments thereto shall be filed in the office of the City Secretary and be made available for public inspection during regular business hours. II. MEETINGS A. Quorum: A quorum shall consist of five (5) members and shall be required to conduct official business and forward recommendations to the City Council. B. Agenda: An agenda shall be prepared for each meeting by the Code Enforcement Officer. The agenda and all reference and statistical material relating to agenda items shall be delivered to each Advisory Committee member prior to each meeting allowing adequate time for review of and familiarization with the agenda items. C. Meetings: 1. Calling Meetings: Meetings of the Advisory Committee shall be called and conducted at various times to fulfill the obligations outlined in Chapter 395, Local Government Code and Directives of the City Council. The Chairman shall call meetings and instruct the Code Enforcement Officer to prepare an agenda and provide any required information, reports or statistics. 2. Place of Meeting: Meetings of the Advisory Committee shall be held in the Council Chamber of the City Hall unless otherwise directed by the Chairman with the approval of a majority of the Advisory Committee. 3. Time of Meeting: DRAFT The Chairman shall establish a time for each called meeting of the Advisory Committee. 4. Public Notice: All meetings of the Advisory Committee shall be open to the public and shall be held in compliance with state law and the Charter and Code of the City of Wylie, Texas. 5. Work Sessions: The Advisory Committee may be convened in work session in order to discuss any matter concerning Impact Fees. No official business shall be conducted at such work session, and a quorum shall not be required. III. OFFICIAL RECORDS A. Definition: The official records of the Advisory Committee shall consist of these Rules and Procedures, Minutes of all Meetings, supporting documents such as reports, calculations, and all other material used to approve Land Use Assumptions, CIP, prepared written reports to the City Council and supporting documentation for all recommendations. B. Minutes: The minutes of the Advisory Committee meetings shall show the vote of each member, or if absent or abstaining, shall indicate that fact. C. Record Retention: All official records of the Advisory Committee shall be kept for a period of not less than ten (10) years and be made available for public inspection during regular business hours of the City. IV. HEARINGS AND DECISIONS A. Order of Business: The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings and shall decide all points of order or procedure. All letters of transmittal from the Committee to the City Council shall be over the signature of the Chairman. The Chairman shall call the Committee to order, the members present and absent shall be recorded by the Code Enforcement Secretary LAIR:PAU r 4 or the designated representative by calling the roll. The minutes of any preceding meeting shall be submitted for approval. The public shall be advised of the procedures to be followed in the meeting. The Code Enforcement Officer shall publicly advise the Committee of any communication received pertaining to any matter pending before the Committee. B. Presentation and Hearing: 1. The Chairman shall call on persons present who wish to speak to the agenda items, and shall direct that they speak in the following order: a. The proponent or his representative. b. Those persons in support. c. Those persons in opposition. Whenever necessary, the Chairman shall direct that all remarks shall be germane to the agenda item. At the Chairman's discretion, he may also impose a specified time limit for each speaker wishing to address a particular item. No rebuttal shall be allowed from either side, unless granted by a majority vote of the Committee. The Committee may direct questions to any speaker in order to clarify statements and facts presented. 2. The Chairman shall then declare the public presentation or hearing closed, as to that agenda item. 3. A motion may be made by any member other than the presiding officer. 4. Any motion may be approved or denied by a simple majority vote of the members present. In the event of a tie vote on any motion, the motion will be considered as being denied and shall be so recorded. 1 DUTIES AND RESPONSIBILITIES OF THE ADVISORY COMMITTEE Section 7 of The Code outlines the method of appointment, minimum size, background requirements of members and duties and responsibilities of the Advisory Committee during the development, implementation and future administration of Impact Fees. Paragraph (A) of this section prescribes the mandatory requirements of the committee composition. A. Minimum of five members appointed by majority vote of the governing body. B. Not less than 40%of membership shall be representatives of the real estate, development or building industries, - OR - C. The Planning and Zoning Commission may be appointed as the Advisory Committee, in which case one such member shall be a representative of the real estate, development or building industry. Paragraph (B) of this section outlines the specific areas of involvement of the Advisory Committee and are enumerated and discussed as follows: (1) "To advise and assist the political subdivision in adopting land use assumptions." This assistance will require the involvement in the Master DR Plan for the City, and will additionally require coordination of efforts of the Committee, City Planner, Consulting Engineer/Land Planner and other City staff members. (2) "To review the Capital Improvements Plan and file written comments." This involvement will begin only after the Council has approved the Land Use Assumption Plan, and may include technical support from the Director of Public Works,Code Enforcement Officer,Consulting Engineer, City Manager or designated representatives, and Finance Director if so desired. At the conclusion of the preparation of the CIP, the Committee must file its written comments concerning the CIP, and the preparation thereof. These written comments should include any and all perceived problems concerning the preparation of the CIP and/or the validity of the projections included. These comments must be filed with the Council at least five working days prior to the Public Hearing to consider the approval of the CIP and Impact Fees. (3) "Monitor and evaluate implementation of the Capital Improvements Plan." This evaluation and monitoring will of necessity be done on an ongoing basis to continually keep the governing body advised as to the adherence to and compliance with the approved CIP and is discussed in the following paragraph. (4) "To file semi-annual reports with respect to the progress of the CIP and to report any perceived inequities in implementing the plan or imposing the Impact Fee." In order to fulfill the requirements outlined above, the Committee should receive information and periodic reports from the City Staff. These reports should be prepared and presented at least each quarter and more frequent reports may be filed at the discretion of the Advisory Committee or instruction of the City Council, and should include, but not be limited to, the following: a. Progress of CIP projects. b. Estimated project costs vs. actual costs. c. Estimated project completion date vs. actual completion date. d. Projected growth vs. actual growth. O. Projected Impact Fee revenue vs. actual Impact Fee revenue. • f. Unforseen circumstances that bring about inequities in existing fee structure, and recommended corrective action. (5) "To advise the political subdivision of the need to update or revise the Land Use Assumption Plan, CIP, and/or Impact Fees." (C) "The political subdivision shall make available to the Advisory Committee any professional reports with respect to developing and implementing the CIP." In the review/assistance of the Land Use Assumption preparation and the CIP, the Committee shall have available all professional reports prepared, both internal, and external, to serve as a basis for sound management decisions and recommendations. In addition, city staff members should Reed-Stowe & Co. DALLAS 2144580205 P. 09 4 provide additional information or clarification as deemed necessary and proper by the Committee. (D) "The governing body of the political subdivision shall adopt procedural rules for the Committee to follow In carrying out it's duties." These rules and procedures will be prepared and approved by the Council during the project. In general, it could be stated that the Advisory Committee is the duly appointed Council representative board charged with the responsibility of advising and informing the Council in matters of Impact Fee development, implementation and ongoing administration. DRAFT CITY OF WYLIE, TEXAS DUTIES AND RESPONSIBILITIES OF CITY COUNCIL Section 3, Chapter 395, Local Government Code, (The Code), sets forth the procedural requirements for the preparation and adoption of Impact Fees. The City Council has the duty and responsibility to perform the following tasks: 1. Adopt an ordinance or resolution establishing a public hearing date to consider a Land Use Assumption Plan. 2. No later than the day of adoption of such order, the Council shall appoint an Advisory Committee in accordance with Section 7 of The Code. 3. Provide for public notice of hearing to be conducted on Land Use Assumption Plan and Conduct Public Hearing. 4. Adopt an ordinance or resolution to approve or reject the Land Use Assumption Plan within 30 days from the date of the public hearing. 5. If the governing body approves the Land Use Assumption Plan, it shall provide for a Capital Improvements Plan (CIP) to be developed in accordance with The Code. -6. Adopt an ordinance or resolution calling a Public Hearing to consider the approval of the CIP. DRAFT 7. Provide for public notice of hearing to be conducted on CIP and Impact Fee imposition, and conduct Public Hearing. 8. The Council must approve or disapprove the adoption of the CIP and Impact Fees within thirty days from the date of Public Hearing. 2144580205 Reed-Stowe & Co. DALLAS 2144580205 P. 01 FAX TRANSMISSION TO: Ja. E 5 TO46eC 0'`r 94Z — 430L FROM: REED-STOWE & CO. 12770 CO1T RD. AT LE.f FWY. SUITE 1107 DALLAS, TX 75251 SENDING FAX: 214 458-0205 IN THE EVENT OF TRANSMISSION DIFFICULTIES PLEASE TELEPHONE 458-9388. THIS COVER PAGE IS PAGE 1 OF 1 ) PAGES.