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HomeMy WebLinkAbout2018-4030 - Ordinance - 07/26/2018 ORDINANCE NO. 2018-4030 AN ORDINANCE AMENDING: (A) CHAPTER 2, “ADMINISTRATION,” ARTICLE VI, “BOARDS AND COMMISSIONS,” DIVISION 2, “HISTORIC PRESERVATION COMMITTEE,” SECTION 2-170, “MEMBERSHIP,” AND DIVISION 4, “PARKS AND RECREATION ADVISORY BOARD,” SECTION 2-226, “CREATION; MEMBERSHIP;” (B) CHAPTER 103, “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE II, “ADMINISTRATION AND ENFORCEMENT,” DIVISION 2, “CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; APPEALS AND VARIANCES,” SECTION 103-45, “MEMBERSHIP AND CONFLICT OF INTEREST;” AND (C) APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 1, “GENERAL PROVISIONS,” SECTION 2.6, “BICYCLE, PEDESTRIAN, AND GREENWAYS ADVISORY BOARD,” SUBSECTION B, “MEMBERSHIP AND TERMS,” 2, “TERMS,” AND ARTICLE 2, “DEVELOPMENT REVIEW BODIES,” SECTION 2.2, “PLANNING AND ZONING COMMISSION,” SUBSECTION B, “MEMBERSHIP AND TERMS,” 2, “TERMS,” AND 3, “TERM LIMITS,” AND SECTION 2.5, “DESIGN REVIEW BOARD,” SUBSECTION B, “MEMBERSHIP AND TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, CREATING THREE YEAR TERMS FOR COUNCIL APPOINTED BOARD, COMMITTEE AND COMMISSION MEMBERS; REPEALING RESOLUTION NO. 07-13-10-02 WHICH ESTABLISHED TERM LIMITS FOR COUNCIL APPOINTED BOARDS, COMMITTEES AND COMMISSIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of College Station, Texas, currently requires that each member of the City’s Bicycle, Pedestrian and Greenways Advisory Board, the Planning and Zoning Commission, the Parks and Recreation Advisory Board, the Construction Board of Adjustment, the Design Review Board, and the Historic Preservation Committee be appointed for a term of two years; and WHEREAS, Resolution No. 07-13-10-02 establishes two year terms for all City Council appointed boards, commissions and committees; limits members of such boards, commissions and committees to serve no more than two completed consecutive terms totaling four years; and requires all appointees to city advisory boards, commissions and committees to be residents of the City and qualified City voters; and WHEREAS, the City Council of the City of College Station, Texas, has determined that it is beneficial to encourage College Station citizens to be engaged in city boards, committees, and commissions as the City benefits from such citizens’ talents, knowledge, experience and expertise, and the City Council values the advice of such boards, committees and commission on a variety of issues facing the City; and WHEREAS, the City Council of the City of College Station, Texas, has determined that increasing terms for citizens appointed to City boards, committees and commissions from two years to three years and eliminating term limits for such appointments will encourage College Station citizens to ORDINANCE NO. 2018-4030 Page 2 of 9 become more involved in city affairs as appointees to various City boards, committees and commissions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the preamble above is hereby incorporated as if fully set forth herein. PART 2: That Chapter 2, “Administration,” Article VI, “Boards and Commissions,” Division 2, “Historic Preservation Committee,” Section 2-170, “Membership,” and Division 4, “Parks and Recreation Advisory Board,” Section 2-226, “Creation; Membership,” of the Code of Ordinances of the City of College Station, Texas, are hereby amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 3: That Chapter 103, “Buildings and Building Regulations,” Article II, “Administration and Enforcement,” Division 2, “Construction Board of Adjustment and Appeals; Appeals and Variances,” Section 103-45, “Membership and Conflict of Interest,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out in Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 4: That Appendix A, “Unified Development Ordinance,” Article 1, “General Provisions,” Section 2.6, “Bicycle, Pedestrian and Greenways Advisory Board,” Subsection B, “Membership and Terms,” 2, “Terms,” and Article 2, “Development Review Bodies,” Section 2.2, “Planning and Zoning Commission,” Subsection B, “Membership and Terms,” 2, “Terms,” and 3, “Term Limits,” and Section 2.5, “Design Review Board,” Subsection B, “Membership and Terms,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out in Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 5: That Resolution No. 07-13-10-02 is hereby repealed in its entirety. PART 6: That all appointees to city boards, commissions and committees must be residents of the City and qualified voters of the City of College Station. PART 7: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 8: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal ORDINANCE NO. 2018-4030 Page 3 of 9 entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 9: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED and APPROVED this 26th day of July, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2018-4030 Page 4 of 9 Exhibit A That Chapter 2, “Administration,” Article VI, “Boards and Commissions,” Division 2, “Historic Preservation Committee,” Section 2-170, “Membership,” and Division 4, “Parks and Recreation Advisory Board,” Section 2-226, “Creation; Membership,” of the Code of Ordinances of the City of College Station, Texas, are hereby amended to read as follows: DIVISION 2. – HISTORIC PRESERVATION COMMITTEE Sec. 2-170. - Membership. (a) The Committee shall consist of nine members, and where practical may include representation from the Brazos County Historical Society, Texas A&M University, and the City Council. (b) The current term of office is two years. Beginning January 2019, those five terms expiring in January 2019 shall thereafter be appointed to three year terms or until a successor is appointed. Beginning January 2020, those four terms expiring in January 2020 shall thereafter be appointed to three year terms or until a successor is appointed. If a position becomes vacant before the expiration of the position's term, the new appointee shall serve for the balance of the term of the appointee's predecessor. (c) The City Council shall appoint all members to fill vacancies. The City Council shall appoint a Chair during the annual appointment process. If a vacancy shall occur in the Chair position, the City Council shall appoint a replacement to serve as Chair. ORDINANCE NO. 2018-4030 Page 5 of 9 DIVISION 4. – PARKS AND RECREATION BOARD Sec. 2-226. - Creation; membership. (a) The College Station Parks and Recreation Advisory Board, hereinafter referred to as the "Board," shall be composed of nine members. The duties of said Board shall be to advise and recommend to the City Council on all matters to the establishment, maintenance, and operation of City parks and recreation programs for the City and to carry out other duties as may be assigned by the City Council. (b) The current term of office is two years. Beginning January 2019, those three terms expiring in January 2019 shall thereafter be appointed to three year terms or until a successor is appointed. Beginning January 2020, one of the six terms expiring in January 2020 shall be appointed to a two year term, and thereafter shall be appointed to three year terms, or until a successor is appointed. The five remaining terms expiring in January 2020 shall thereafter be appointed to three year terms or until a successor is appointed. The Council shall appoint one member to serve as Chair. One member will serve as Vice-Chair on an annual basis, as selected by the Board at the July meeting. (c) Members appointed to fill vacancies on said Board shall be for the remainder of the term of his or her predecessor. (d) Any Board member appointed by the City Council shall forfeit that membership if absent for more than three meetings in a 12 -month period that are considered unexcused by definition, or 25 percent of the meetings, whichever is greater, in one appointment year, unless the absenteeism is for: (1) Vacation; (2) Illness; (3) Family emergency; (4) Jury duty; (5) Business out of town. Absenteeism may also be excused by the Board or by the City Council. If a member goes beyond this absenteeism limit, the City Council shall be advised to declare the position vacant and appoint a new member to fill the vacancy. Unexcused absences include failure to notify the Chair or Board Secretary of a valid reason or good cause for absence prior to a scheduled meeting. ORDINANCE NO. 2018-4030 Page 6 of 9 Exhibit B That Chapter 103, “Buildings and Building Regulations,” Article II, “Administration and Enforcement,” Division 2, “Construction Board of Adjustment and Appeals; Appeals and Variances,” Section 103-45, “Membership and Conflict of Interest” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows DIVISION 2. – CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; APPEALS AND VARIANCES Sec. 103-45. - Membership and conflicts of interest. (a) Construction. The Construction Board of Adjustments and Appeals shall consist of five members appointed by City Council. The City Council shall appoint one member as Chairperson. The Board shall be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. In addition to the regular members, the City Council may appoint up to four alternate members. A Board member shall not act in a case in which the member has any conflict of interest. (b) Terms. The current term of office is two years. Beginning January 2020, two members of the Board and the Chairperson shall thereafter be appointed to serve three year terms. The remaining two members of the Board shall initially be appointed to serve a two-year term and shall thereafter be appointed to serve three year terms, or until a successor is appointed. Beginning January 2020, alternates shall be appointed to serve three year terms. The alternates shall serve in the absence of one or more of the regular members. Vacancies shall be filled for an unexpired term. Continued absence of any member from required meetings of the Board shall, at the discretion of the City Council, render any such member subject to immediate removal from office. ORDINANCE NO. 2018-4030 Page 7 of 9 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 1, “General Provisions,” Section 2.6, “Bicycle, Pedestrian and Greenways Advisory Board,” Subsection B, “Membership and Terms,” 2, “Terms,” and Article 2, “Development Review Bodies,” Section 2.2, “Planning and Zoning Commission,” Subsection B, “Membership and Terms,” 2, “Terms,” and 3, “Term Limits,” and Section 2.5, “Design Review Board,” Subsection B, “Membership and Terms,” of the Code of Ordinances of the City of College Station, Texas, are hereby amended to read as follows: Article 1. – General Provisions. Sec. 2.6. – Bicycle, Pedestrian and Greenways Advisory Board. B. Membership and Terms. 2. Terms. The current term of office is two years. Beginning January 2019, those three terms expiring in January 2019 shall thereafter be appointed to three year terms or until a successor is appointed. Beginning January 2020, those three terms expiring in January 2020 shall thereafter be appointed to three year terms or until a successor is appointed. ORDINANCE NO. 2018-4030 Page 8 of 9 Article 2. – Development Review Bodies. Sec. 2.2. – Planning and Zoning Commission. B. Membership and Terms. 2. Terms. The current term of office is two years. Beginning January 2019, those three terms expiring in January 2019 shall thereafter be appointed to three year terms or until a successor is appointed. Beginning January 2020, those four terms expiring in January 2020 shall thereafter be appointed to three year terms or until a successor is appointed. 3. Term Limits. Terms of office shall be limited to two (2) consecutive three-year terms or six (6) consecutive years. ORDINANCE NO. 2018-4030 Page 9 of 9 Article 2. – Development Review Bodies. Sec. 2.5. – Design Review Board. B. Membership and Terms. 1. The Design Review Board shall consist of seven (7) members. Six (6) of the members shall be appointed by the City Council. a. The City Council shall appoint a representative with expertise from each of the following disciplines or groups: 1) Architecture; 2) Landscape architecture; 3) Business; and 4) Design district connection (e.g., developer, land owner, business owner, resident, or employee within a design district). b. The City Council shall appoint two (2) members that are citizens-at-large. c. The seventh regular member shall be the Chairperson of the Planning and Zoning Commission or his/her designee. 2. The current term of office is two years. Beginning January 2019, those three terms expiring in January 2019 shall thereafter be appointed to three year terms or until a successor is appointed. Beginning January 2020, those three terms expiring in January 2020 shall thereafter be appointed to three year terms or until a successor is appointed. 3. The Design Review Board is a governmental body and shall comply with the Open Meetings Act.