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HomeMy WebLinkAboutRES 062315-G - HARC Bylaws AmendmentA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE ATTACHED BYLAWS AS AMENDED FOR CITY Of GEORGETOWN BOARDS AND COU.11ISSIOVS: P-tOVIDI A NFLICT CLAUSE AND SEVERABILITY a . malliallvi W., WHEREAS, on March 22, 2011, the City Council reviewed and approved the provisions included in a bylaw template and directed staff to amend the bylaws for all the boards and commissions, and related ordinances, as necessary; and WHEREAS, the City Council found it necessary to amend certain board and commission requirements in Title 11 of the Code of Ordinances on October 28, 2014 and June 23, 2015; and WHEREAS, the City Council found it necessary to amend certain provisions of the Unified Development Code on May 12, 2015; and WHEREAS, the attached Bylaws have been amended pursuant to City Council direction. NOW THEREFORE BE IT RESOLVED: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The following Bylaws, attached to this Resolution, are approved and adopted: Exhibit A— "Historic and Architectural Review Commission" SECTION THREE. If any provision of this Resolution or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. SECTION FOUR. This Resolution shall be effective immediately. SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall become effective upon its adoption. Resolution No. 0b) 'A 5 1 T— & Page 1 of 2 Bylaw Arnendrnet Proj'pct — HARC — 2015 Exhibit A Approved: PASSED AND APPROVED on the day of ," UJ. aI5 , 2015. ATTEST: CITY OF GEORGETOWN, TEXAS By: Jes is Brettle, City ecretary Dale Ross, Mayor APPROVED AS TO FORM: (-�L - A %- � CL Bridget Cha an, Oity Attorney Resolution No. o (0 a!! 15 : Page 2 of 2 Bylaw Amendment Projec - HARC - 2015 Exhibit A Approved: e� EXHIBIT A - Historic and Architectural Review Commission Proposed Amendments to Bylaws W NO W"In I I BYLAWS Section 1.1. Name. Historic and Architectural Review Commission ("Commission" or "'HARC"). IMMMMIA= 1. To ft��make recommendations to the City Council on the designation of I cts and Historic Landmarks 2. To acting and Aag*�g the City Council in formulating design guidelines and other sup lemental •materials relevant to historic preservation or design review, p I 3. To approvffg or ertificates of Design eempliaffee 4. Lo rendermg advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts,-. and b. The Commission shall have the express authority to delegate review of aRecifig projects (as defined by majority vote of the Commission) to either: A 1. A Subcommittee of the Commission composed of at least three members, or 2. City Staff as designated by the City Manager. Any permit issued pursuant to a---�sueh delegation of authority shall require fl -a - signature of the Chairman or Vice -Chairman of the Commission and gn�denial �pei�may be appealed to the full Commission. I Historic and Architectural Review Commission Bylaws Revised May-20­14Lune 2015 Deleted language is stkethfouo Page 1 of 8 Added language is underline EXHIBIT A - Historic and Architectural Review Commission Proposed Amendments to Bylaws RITIPIWWWIV,11r�� Filk �j INWER• S"I x I -lot =mm�afion to 1he 11ARCoAl2PQP on je r ria eness -"sts for a Certificate•f -•- L— for the relocation, removal or demolition of a buildig or stlucture designated a a Historic Landmark or a -contributing historic §trtWhgg, in accordant& with the RLocess establi6hed in the jLnffied Devej+ de. members and the Bu "Idin Official. •tit 11111 1111111111111i��iiiiiiiii •0W ••* ft -U111• =11• The Demolition Subcon-LmitLee mU consult with a licensed architect, stjj!gLural engineer or histoe•t and make a, ques, ptghp�ary repoLt to the subcoeport sh 11 be niade part of the subcommittee's recommendation to t1to HARC. Section 2.1. Number of Members. The Commission will bgDjposed of not less than seven (7) Members. I a. At least two Commission Members shall be property owners in the historic Downtobers shall be either a registered voters e4gibI444-v4e-�� City ek-efiens-or owners of real property that is designated as historic, either *in the City's historic survey or with a state or federal historic designation, and located within the Downtown or Old Town Historic and Architectural Review Commission Bylaws Revised May-NA4lune 2015 Deleted language is sbikedw-ftgh Page 2 of 8 Added language is underline Overlay Districts. Commission Members who are registered voters must have resided within the City for one year preceding their appointment. b. Whenever possible, the Commission shall include a minimum of two piejefi" Members who are propem owners in the Q! • and a maximum of two Members LM each of ��the following categories kwith-4 g a demonstrated interest in the downtown area or skills in design reviewj Me bers oq f Lhe Q LYL_ p_M�ssion may et one or more of the categQries- 1. licensed architect; 2. landscape architect, professional planner or urban designer; 3. historian or person with expertise in historic preservation; 4. developer, contractor or realtor; and 5. property owner or non -owner tenant within the Downtown Overlay District. Fe�� ith an interest in historic preservation or urban design shall be appointed to the Commission to fill remaining appointments. Section 2.3. 'Appointment of Commission Members and Commissioners -in - Training. 6 MEMM b. The City Council shall also appoint up to three persons, who would be qualified qu serve on the Commission, as Commissioners -in -Training. Commissioners -i Tram'm*g shall not serve as alternates or as proxies for any CommissionLe r but shall be eligible to be appointed to the position of Commissioner N16�iipo the expiration of the term of as `• Commissioner Membe-r--or upon a vacancy of the Commission. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the 11-ity Charter. If possible, the Member shall continue to serve until the vacancy is filled. Historic and Architectural Review Commission Bylaws Revised M*y_144june 2015 Deleted language is st4kethfougli Page 3 of 8 Added language is g_ndedine EXHIBIT A -Historic and Architectural Review Commission Proposed Amendments to Bylaws An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve wii compensation. The Commission and its Members have no authority to expend funds to incur or make an obligation on behalf of the City unless authorized and approved b the City Council. Members may be reimbursed for expenses authorized and approve by the City Council and the Commission. I Section 2.7. Compliance with City Policy. Members will comply with Ci Ordinances, Rules and Policies applicable to the Commission and the Member including but not limited to Ethics Ordinance Chapter 2.20 and City Commission Committees and Boards Ordinance Chapter 2.36. 11 Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. Section 3.1. Officers. The Commission Officers are Chairman, Vice -Chairman and Secretary. The Chairman is b or and,�Mmiinted-by-the City ,y the MU Council shall gRprgve the Egggamendation by a vote of the milioft of fte Council during the annual appointment process. Should the Mgyor fail to recommend a Chairman for ea& Comm or commission, andLor council fails -without a recommendation of ihe Mgyor. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy *in the office of Chairman, the Vice - Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy *in the other offices shall be elected by majority vote of the the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Historic and Architectural Review Commission Bylaws Revised May40-14Lune 2015 Deleted language is stNte9weugh Page 4 of 8 Added language is underline EXHIBIT A - Historic and Architectural Review Commission Proposed Amendments to Bylaws a. 'Ihe Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by Commission. The Vice -Chairman presides at Commission meetings in t Chairman's absence. The Vice -Chairman shall perform the duties of the Chairm, in the Chairman"s absence or disability. I c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet once month on the same week of the month, the same day of the week, at the same time, an at the same place. The regular date, time and place of the Commission meeting will decided by the Members at the first I meeting of the Commission after the annnu appointment process. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, Director of Planning and Development or desiggage (as Historic Preservation Officer I I the City Manager or designee, or at the request of a Member. The party (or individual requesting the agenda item will be responsible for preparing an agenda item cov sheet and for the initial presentation at the meeting. Items included on the agenda mu at which the agenda item will be considered. Agenda packets for regular meetings wi v be provided to the Members in advance of the scheduled Commission meetin Agenda packets will contain the posted agenda, agenda item cover sheets, and writtell minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Historic and Architectural Review Commission Bylaws Revised 1N4ay_2041u_ne2015 Deleted language is sea� Page 5 of:8 Added language is gnkrfine EXHIBIT A - Historic and Architectural Review Commission Proposed Amendments to Bylaws Section 4.5. Call to Order. Commission meetings will be called to order by Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman an Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporar Chairman shall be elected to preside over the meeting. I Section 4.6. Conduct of Meeting. Commission meetings will be conducted 'in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matte involving a conflict of interest, substantial financial interest or substantial econom interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rul and Policies. In such instances the Member shall make the required disclosures an shall refrain from participating in both the discussion and vote on the matter. T11 - Member may remain at the dais or leave the dais, at the Member's option, while t matter is being considered and voted on by the other Commission Members. Unle otherwise provided by law, if a quorum is present, an agenda item must be approve$ by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recordm*g or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, includmig Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public welcome and invited to attend Commission meetings and to speak on any item on agenda. A person wishing to address the Commission must sign up to speak accordance with the policy of the Council concerning participation and general publi comment at public meetings. Sign-up sheets will be available and should be submitte to the Chairman prior to the start of the meeting. If any written materia, s are to f provided to the Cominission, a copy shall also be provided to the Staff Liaison I Historic and Architectural Review Commission Bylaws Revised May_1041une 2015 Deleted language is StMethFough Page 6 of 8 Added language is un rain EXHIBIT A - Historic and Architectural Review Commission Proposed Amendments to Bylaws inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of thr-m- minutes to speak, but may take up to six mmutes if another individual who signs up speak yields the time to the speaker. If a person wishes to speak on an issue that is n posted on the agenda, they must file a written request with the, Staff Liaison no lat than one week before the scheduled meeting. The written request must state specific topic to be addressed and include sufficient information to inform Commission and the public. A person who disrupts the meeting may be asked to le and be removed. I Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed dosed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regardmig the value of real property, competitive utility matters, and economic development negotiations. A recording or certified aRenda shall be made of all closed sessions of Commission meetings. Ili 0 Lei, I The Commission shall meet with City Council, as requested, to determine how Commission may best serve and assist City Council. City Council shall hear repor from the Commission at regularly scheduled Council meetings. I Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific project& related to Comn-dssion matters. 4. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or th,; Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Historic and Architectural Review Commission Bylaws Revised N4ay4W4J-unc2015 Deleted language is s4kethpeuo Page 7 of 8 Added language is underline Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open 115i" rea, 6 I ft 68?•t?em& IV• a ii � L 6&696�6��� W Wal i sm re W MOTO 9 me M. ISM MO. V These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission�s -pro-posed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Commissiorl!s approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the day of 1 2015. City Secretary Mayor Approved and adopted at a meeting of the Commission on the day of ,2015. ATTEST: COMMISSION Commission Secretary Commission Chairman Historic and Architectural Review Commission Bylaws Revised Ma} 4044Junc 2015 Deleted language isstAkegireuo Page 8 of 8 Added language is underline