HomeMy WebLinkAbout02/10/2011 - Workshop Agenda Packet - City CouncilTable of Contents
Agenda 2
No. 2 - Fair Housing Ordinance Changes
Coversheet revised 5
Attachment 1 - Fair Housing Laws Applicable to College
Station 6
Attachement 2 - Proposed Fair Housing Ordinance 8
No. 3 - Joint City Council and Cemetery Committee Meeting -
Potential Changes to the College Station Code of Ordinances,
Chapter 1 “GENERAL PROVISIONS”, Section 29 “COLLEGE
STATION CEMETERY RULES AND REGULATIONS”, Sub-
Sections H and M.
Coversheet revised 14
1 - Copy Coversheet Apr 22 10 16
2 - Existing Sub-Sections H & M with Revisions 18
3 - Amending Ordinance 20
No. 4 - Impact Fee Report for Water/Wastewater
Coversheet revised 23
1
Mayor Council members
Nancy Berry Jess Fields
Mayor Pro Tem Dennis Maloney
John Crompton Katy-Marie Lyles
Interim City Manager Dave Ruesink
David Neeley Jana McMillan
Agenda
College Station City Council
Workshop Meeting
Thursday, February 10, 2011 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
1. Presentation, possible action, and discussion on items listed on the consent agenda.
2. Presentation, possible action, and discussion regarding the proposed changes to the City’s Fair Housing
Ordinance.
3. Presentation, possible action, and discussion regarding a joint meeting of the City Council and the
Cemetery Committee on potential changes to the College Station Code of Ordinances, Chapter 1
“GENERAL PROVISIONS”, Section 29 “COLLEGE STATION CEMETERY RULES AND
REGULATIONS”, Sub-Sections H: PLANTINGS AND OTHER DECORATIONS IN CITY
CEMETERIES and Sub-Section M: RULES ENFORCEMENT.
4. Presentation, possible action, and discussion regarding the content of the draft Impact Fee Report for
potential “system capacity” impact fees for Water and Wastewater.
5. Council Calendar
February 11-13 AMCC Elected Official Conference in Austin, 8:00 a.m.
February 14 TML Legislative Briefing in Austin, 8:00 a.m.
February 17 Audit Committee Meeting in Administrative Conference Room, 5:00 p.m.
February 24 City Council Workshop/Regular Meeting 3:00 p.m. & 7:00 p.m.
6. Presentation, possible action, and discussion on future agenda items: A Council Member may inquire
about a subject for which notice has not been given. A statement of specific factual information or the
recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
7. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos
Valley, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Brazos County Health
Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force,
BVSWMA, BVWACS. Cemetery Committee, Code Review Committee, Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief
Funding Review Committee, Landmark Commission, Library Board, Mayor’s Council on Physical
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Page | 2
City Council Workshop Meeting
Thursday, February 10, 2011
Fitness, Mayor’s Development Forum, Metropolitan Planning Organization, National League of Cities,
Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission,
Research Valley Partnership, Regional Transportation Committee for Council of Governments, Signature
Event Task Force, Sister City Association, TAMU Student Senate, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, (Notice
of Agendas posted on City Hall bulletin board).
8. Executive Session will immediately follow the workshop meeting in the Administrative Conference
Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek
advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the
City Council may need information from its attorney as to the status of a pending or contemplated
litigation subject or settlement offer or attorney-client privileged information. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
Litigation
a. City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway 60 area, near
Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan
b. Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
c. Clancey v. College Station, Glenn Brown, and Kathy Merrill
d. Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-CV361
e. Timothy Delasandro et al v. City of College Station et al; Cause No. 11-000240-CV-272
f. City of College Station, Texas, v. Virtual Equity Group, Inc, et al relating to nonpayment of hotel
occupancy taxes for College Station Inn
Legal Advice
a. Legal Issues Related to Wellborn Annexation
b. Legal Issues Related to Recall Petitions
c. Legal issues of purchase and lease back to Arts Council
Personnel {Gov’t Code Section 551.074}; possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public.
The following public officer(s) may be discussed:
a. City Manager
b. Council Self Evaluation
c. City Attorney
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council may
deliberate on commercial or financial information that the City Council has received from a business
prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City
Council in conducting economic development negotiations may deliberate on an offer of financial or other
incentives for a business prospect. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Global Event Group
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Page | 3
City Council Workshop Meeting
Thursday, February 10, 2011
9. Adjourn.
APPROVED:
___________________________________________
City Manager
Notice is hereby given that a Workshop Meeting of the City Council of the City of College Station, Texas
will be held on the 10th day of February, 2011 at 3:00 pm in the City Hall Council Chambers, 1101 Texas
Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this 7th day of February, 2011 at 2:00 pm
___________________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of
said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s
website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times.
Said Notice and Agenda were posted on February 7, 2011 at 2:00 pm and remained so posted continuously
for at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official board at the College Station City Hall on the following date
and time: _______________________ by ___________________________.
Dated this _____day of _______________, 2011.
CITY OF COLLEGE STATION, TEXAS By____________________________________
Subscribed and sworn to before me on this the ______day of _________________,
___________________Notary Public – Brazos County, Texas My commission expires:________
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be
made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be
viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
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February 10, 2011
Workshop Agenda Item No. 2
Fair Housing Ordinance Changes
To: David Neely, Interim City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding the proposed changes to the
City’s Fair Housing Ordinance.
Relationship to Strategic Goals: Goal II.5 Neighborhood Services; Goal V.1 Continue education to
citizens and within city; and Goal III.12 Housing affordability.
Recommendation(s): Staff requests that the City Council receive a presentation and provide any input or
direction in this regard.
Summary: College Station strives to be a diverse community embracing all present and future residents.
The City’s objective is to ensure that all people have a fair and equal opportunity to purchase, own, lease,
or occupy housing within the City of College Station without discrimination. Located in Section 12 of
Chapter 4 in the College Station Code of Ordinances, the City’s Fair Housing Ordinance plays an
important role in discouraging illegal and unethical housing practices by promoting and encouraging fair
housing to all.
With the proposed changes the City’s Fair Housing Ordinance will match the State and Federal Fair
Housing Acts. The proposed changes would:
· Add familial status as a protected class,
· Add handicap (disability) as a protected class, and
· Add language to support nondiscriminatory practices of these protected classes.
Budget & Financial Summary: N/A
Attachments:
Attachment 1: Fair Housing Laws Applicable to College Station
Attachment 2: Proposed Changes to City Ordinance Chapter 4
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Attachment 1: Fair Housing Laws Applicable to College Station
This chart summarizes the fair housing laws applicable to rental and sale of housing in
College Station. It is not an exhaustive review of the various laws, and there are
important provisions not listed here.
Federal Fair Housing Act Texas Fair Housing
Act
Current City Fair
Housing Ordinance
What does
the law
cover?
Most housing in the United
States.
Most housing in Texas. Most housing in College
Station.
What’s
protected?
- Race
- Color
- Religion
- Sex
- National Origin
- Disability
- Familial Status
- Same - Race
- Color
- Religion
- Sex
- National Origin
(Familial Status and
Disability to be added in
proposed changes)
What’s
prohibited?
- Refusing to sell, rent,
negotiate for sale or rental,
or otherwise making
unavailable or denying a
dwelling based on a
person’s protected status.
- Imposing different
terms/conditions based on
a person’s protected
status.
- Making discriminatory
statements or publishing
discriminatory
communications. (Note:
Certain exemptions do not
apply to this prohibition.)
- Lying about the
availability of a dwelling
because of a person’s
protected status.
- Refuse to provide loan
information or purchase a
loan, set different loan
terms or conditions, or
discriminate in appraising
property based on a
person’s protected status.
- Same
- Same
- Same
- Same
- Same
- Same.
- Same.
- Same.
- Same.
- Not included.
(To be added in
proposed changes)
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- Retaliating against,
interfering with, or
intimidating a person
exercising his/her fair
housing rights.
- Landlord may not refuse
to make reasonable
modifications to dwelling
unit or common areas or to
make reasonable
accommodations in rules,
policies or practices for a
disabled person.
- Building or community
may not discriminate
based on familial status.
(Exempt if housing
qualifies for older persons.)
-Same
-Same
- Same
- Same.
- Not included.
(To be added in
proposed changes)
- Not included.
(To be added in
proposed changes)
What’s
exempted
from the
law?
- Owner-occupied 4-unit
(or fewer) buildings. (But
not exempted from
discriminatory statements.)
- Rental of single family
house by owner (if he/she
owns fewer than 3 houses
and if a salesman is not
used). (But not exempted
from discriminatory
statements.)
- Religious organizations
and private clubs.
- Same
-Same
- Same
- Same.
- Same.
- Same.
Where to go
if you
believe your
fair housing
rights have
been
violated:
U.S. Department of
Housing & Urban
Development (HUD)
1 (800) 669-9777
(817) 978-5900 (Fort
Worth Regional Office of
FHEO)
Texas Workforce
Commission Civil Rights
Division
1 (888) 452-4778 or
(512) 463-2642
City Attorney’s Office
(979) 764-3541
How long do
you have to
file a
complaint?
- One (1) year from alleged
violation.
-Two (2) years if you file
directly in federal court.
- One (1) year from
alleged violation.
- Ninety (90) days from
alleged violation
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Attachment 2: Proposed Changes to City Ordinance Chapter 4
SECTION 12: FAIR HOUSING REGULATIONS
A. DEFINITIONS
For the purpose of this section the following terms, phrases, words, and their derivations
shall have the meanings given herein. When not inconsistent with the context, words so
used in the present tense include the future, words in the masculine gender include the
feminine, words in the plural number include the singular, and words in the singular number
include the plural.
(1) Discriminatory Housing Practice means an act that is unlawful under subsections B, C,
D, E or F of this section.
(2) Dwelling means any building, structure, or portion thereof which is occupied as, or
designed and intended for occupancy as, a residence by one (1) or more families or any
vacant land which is offered for sale or lease for the construction or location thereon of any
such building, structure, or portion thereof.
(3) Family includes a single individual.
(4) Person includes one (1) or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint stock companies, trusts,
unincorporated organizations, trustees, fiduciaries, and any other organization or entity of
whatever character.
(5) To Rent includes to lease, to sublease, to let and otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.
(6) Private Club includes fraternities and sororities.
B. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING
Except as exempted by subsection E, it shall be unlawful for any person to:
(1) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person
because of race, color, sex, religion, national origin, familial status, or handicap (disability).
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental
of a dwelling, or in the provision of services or facilities in connection therewith, because of
race, color, sex, religion, national origin familial status, or handicap (disability).
(3) Make, print, publish, or cause to be made, printed, or published any notice, statement,
or advertisement regarding the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, sex, religion, national origin, familial status,
or handicap (disability), or an intention to make any such preference, limitation, or
discrimination. This prohibition against discriminatory advertising applies to single-family
and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
(4) Represent to any person because of race, color, sex, religion, national origin, familial
status, or handicap (disability) that any dwelling is not available for inspection, sale, or rental
when such dwelling is in fact so available.
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(5) For profit or with the hope or expectation of profit, induce or attempt to induce any
PERSON to sell or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular race, color, sex, religion,
national origin, familial status or handicap (disability).
C. DISCRIMINATION IN THE FINANCING OF HOUSING
It shall be unlawful for any bank, building and loan association, insurance company or other
corporation, association, firm, or enterprise whose business consists in whole or in part of
the making of commercial or residential real estate loans, to deny a loan or other financial
assistance to a person applying therefore for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling; or to discriminate against any such person in
the fixing of the amount, interest rate, brokerage points, duration, or other terms or
conditions of such loan or other financial assistance because of the race, color, sex, religion,
national origin, familial status, or handicap (disability) of such person or of any person
associated with him in connection with such loan or other financial assistance or the race,
color, sex, religion, national origin, familial status, or handicap (disability) of the present or
prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which
such loan or other financial assistance is to be made or given.
It shall be unlawful for any bank, building and loan association, insurance company or other
coroportation, association, firm, or enterprise whose business consists in whole or in part of
the making or purchasing of commercial or residential real estate loans, to discriminate in
appraising property, refuse to purchase a loan, or set different dterms or conditions for
purchasing a loan because of race, color, sex, religion, national origin, familial status, or
handicap (disability).
D. DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES
It shall be unlawful for any person to deny access to or membership or participation in any
multiple listing service, real estate brokers' organization or other service, organization, or
facility relating to the business of selling or renting dwellings, or to discriminate in the terms
or conditions of such access, membership, or participation on account of race, color, sex,
religion, national origin, familial status, or handicap (disability).
E. ADDITIONAL PROTECTION FOR THE DISABLED
It shall be unlawful for a landlord to refuse to let tenant or someone associated with tenant to
make reasonable modifications to dwelling or common areas, at tenant’s expense, or to
make reasonable accommodations in rules policies, practices or services if necessary for
the disabled person to use the housing which includes tenant or someone associated with
tenant that have or are regarded as having a physical or mental disability (including hearing,
mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS
Related Complex and mental retardation) that substantially limits one or more major life
activities.
Not replacing more stringent standards in State or local law, new buildings with an elevator
and four or more units are required to have public and common areas accessible to persons
with disabilities, doors and hallways must be wide enough for wheelchairs, and units must
have an accessible route into and through the unit, have accessible light switches, electrical
outlets, thermostats, and other environmental controls, reinforced bathroom walls to allow
later installation of grab bars , and kitchens and bathrooms that can be used by people in
wheelchairs.
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F. HOUSING OPPORTUNITIES FOR FAMILIES
It shall be unlawful for a building or community to discriminate against families in which one
or more children under 18 live with a parent, a person who has legal custody of the child or
children, or the designee of the parent or legal custodian with the parent or custodian’s
written permission; unless the building or community is determined by the HUD Secretary
that it is specifically designed for elderly persons under a Federal, State, or local
government program, is occupied solely by persons who are 62 or older, or houses at least
one person who is 55 or older in at least 80 percent of the occupied units and adheres to a
policy that demonstrates an intent to house person who are 55 or older.
G. EXEMPTIONS AND EXCLUSIONS
There shall be exempted from the application of this section all transactions involving:
(1) Exemptions Enumerated
(a) The rental of units in dwellings containing living quarters occupied or in-tended to
be occupied by no more than four (4) families living independently of each other
if the owner actually maintains and occupies one (1) of such units as his
residence.
(b) The rental of a single room in a dwelling containing living quarters occupied or
intended to be occupied by no more than one (1) family if the person offering
such room for rental actually maintains and occupies the remainder of such
dwelling as his residence and not more than four (4) such rooms are offered.
(c) The sale or rental of any single house by a private individual who owns such
house; provided that:
(i) The sale or rental is made without the use in any manner of the sales or
rental facilities or the sales or rental services of any real estate broker,
agent, or salesman, or of such facilities or services of any person in the
business of selling or renting dwellings or of any such broker, agent,
salesman, or person; and
(ii) The sale is made without the publication, posting, or mailing of any
advertisement or written notice in violation of subsection B(3) of this
section; this shall not prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other such professional assistance as
necessary to perfect or transfer the title; and
(iii) The owner does not own more than three (3) single-family houses at the
time of the sale; and
(iv) The owner does not own any interest in, nor is there owned or re-served
on his behalf, under any express or voluntary agreement, title to or any
right to all or any portion of the proceeds from the sale or rental of more
than three (3) such single-family houses at any one (1) time.
(v) If the owner does not reside in the house at the time of sale or was not
the most recent resident of such house prior to the sale, the exemption
granted by this subsection shall apply only with respect to one (1) such
sale within any twenty-four (24) month period.
(2) Religious Organizations
Nothing in this section shall prohibit a religious organization, association, or society or
any nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious association or society from limiting the sales, rental, or
occupancy of dwellings which it owns or operates for other than a commercial purpose
to persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, sex, national origin,
familial status, or handicap (disability).
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(3) Private Clubs
Nothing in this section shall prohibit a bona fide private club, not in fact open to the
public, which as an incident to its primary purpose, provides lodging which it owns and
operates for other than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
(4) Housing Accommodations
Nothing in this section shall bar any person from owning and operating a housing
accommodation in which a room or rooms are leased, subleased, or rented only to
persons of the same sex, when such housing accommodation contains common
lavatory, kitchen, or similar facilities available for the use of all persons occupying such
housing accommodation.
H. COMPLAINTS
(1) Who May File
Only a person who claims to have been injured by a discriminatory housing practice or
who believes he will be irrevocably injured by a discriminatory housing practice that has
occurred or is occurring, hereinafter referred to as person aggrieved, may file a
complaint with the City Attorney of the City of College Station. Such complaints shall be
in writing and shall identify the person alleged to have committed or alleged to be
committing a discriminatory housing practice and shall state the facts upon which the
allegations of a discriminatory housing practice are based. The City Attorney shall
prepare complaint forms and furnish them without charge to any person upon request.
(2) City Attorney May File Complaint
If at any time the City Attorney shall receive or discover credible evidence and shall have
probable cause to believe that any person or persons have committed or are committing
a discriminatory housing practice as to which no complaint has been filed, the City
Attorney may prepare and file a complaint upon his own motion and in his own name,
and such complaint shall thereafter be treated in the same manner as a complaint filed
by a person aggrieved.
(3) Deadlines; Notifications
All complaints shall be filed within ninety (90) days following the occurrence of an
alleged discriminatory housing practice. Upon the filing of any complaint, the City
Attorney shall provide notice of the complaint by furnishing a copy of such complaint,
to the person or persons named therein who allegedly committed or were threatening
to commit an alleged discriminatory housing practice. The accused may file an
answer to the complaint within fifteen (15) days of receipt of the written complaint.
(4) Subscribed and Sworn
All complaints and answers shall be subscribed and sworn to before an officer au-
thorized to administer oaths.
I. INVESTIGATION
(1) By City Attorney
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Upon the filing of a complaint as herein provided, the City Attorney shall cause to be
made a prompt and full investigation of the matter stated in the complaint.
(2) City Attorney to Effect Conciliation
During or after the investigation, but subsequent to the mailing of the notice of
complaint, the City Attorney shall, if it appears that a discriminatory housing practice
has occurred or is threatening to occur, attempt by informal endeavors to effect
conciliation, including voluntary discontinuance of the discriminatory housing practice
and adequate assurance of future voluntary compliance with the provisions of this
section.
(3) When City Attorney May Prosecute
Upon completion of the investigation and informal endeavors at conciliation by the
City Attorney, but within thirty (30) days of the filing of the complaint with the City
Attorney, if the efforts of the City Attorney to secure voluntary compliance have been
unsuccessful, and if the City Attorney has made a determination that a discriminatory
housing practice has in fact occurred, such violation shall be prosecuted in the
Municipal Court of the City of College Station. If the City Attorney determines to
prosecute, he shall institute a complaint and prosecute same to conclusion within
thirty (30) days after such determination, or as soon thereafter as practicable.
(4) Lack of Probable Cause
If the City Attorney determines that there is not probable cause to believe that a
particular alleged or suspected discriminatory housing practice has been committed,
the City Attorney shall take no further action with respect to that alleged or suspected
offense. In such case the person filing the complaint shall be notified by the City
Attorney and informed of any alternate action he may take.
J. CUMULATIVE LEGAL EFFECT
This section is cumulative in its legal effect and is not in lieu of any and all other legal
remedies which the person aggrieved may pursue.
K. UNLAWFUL INTIMIDATION
It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise
penalize any individual, group, or business because he or they have complied with the
provisions of this section, because he or they have exercised his or their rights under
this section, or enjoyed the benefits of this section, or because he or they have made a
charge, testified, or assisted in any manner in any investigation, or in any proceeding
hereunder or have made any report to the City Attorney.
L. EDUCATION AND PUBLIC INFORMATION
In order to further the objectives of this section, the City Attorney may conduct
educational and public information programs.
(Ordinance No. 1197 of November 29, 1979)
M. PENALTY
(1) Any person, firm or corporation violating any provision of this section shall be guilty of
a misdemeanor, and upon conviction shall be fined pursuant to the General Penalty set
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out in Chapter 1, Section 5, of this Code of Ordinances. Each day a violation continues
after passage of seventy-five (75) days from the date of the filing of the initial complaint
with the City Attorney shall constitute a separate and distinct offense.
(Ordinance No. 2030 of September 9, 1993)
(2) Any person, firm or corporation violating any provision of this section may be
enjoined by a suit filed by the City in a court of competent jurisdiction, and this remedy is
in addition to any penalty provision.
(Ordinance No. 1197 of November 29, 1979)
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February 10, 2011
Workshop Agenda Item No. 3
Joint City Council and Cemetery Committee Meeting
Potential Changes to the College Station Code of Ordinances, Chapter 1 “GENERAL
PROVISIONS”, Section 29 “COLLEGE STATION CEMETERY RULES AND REGULATIONS”, Sub-
Sections H and M.
To: David Neeley, Interim City Manager
From: David Schmitz, Interim Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a joint meeting of
the City Council and the Cemetery Committee on potential changes to the College Station
Code of Ordinances, Chapter 1 “G ENERAL PROVISIONS”, Section 29 “COLLEGE STATION CEMETERY
RULES AND R EGULATIONS”, Sub-Sections H: PLANTINGS AND OTHER DECORATIONS IN CITY CEMETERIES
and Sub-Section M: RULES ENFORCEMENT.
Relationship to Strategic Goals: Goal I: Financially Sustainable City Providing Response
to Core Services and Infrastructure; Action 1: Spending Taxpayer Money Efficiently.
Recommendation(s): Staff recommends approval of the proposed changes to the Code of
Ordinances, Chapter 1 “GENERAL PROVISIONS”, Section 29 “COLLEGE STATION CEMETERY RULES AND
REGULATIONS”, Sub-Sections H and M.
Summary: A joint meeting of the City Council and Cemetery Committee was requested by
City Council during their April 22, 2010, Workshop Meeting. The City Council requested the
joint meeting to allow discussion between the two groups on the Cemetery Committee’s
recommendation for changes to the College Station Code of Ordinances, Chapter 1 “GENERAL
PROVISIONS”, Section 29 “COLLEGE STATION CEMETERY RULES AND REGULATIONS”, Sub-Section H
and M.
The proposed revisions to Sub-Section H are designed to enhance the aesthetics of the
cemetery system in addition to alleviating a growing maintenance concern. Currently an
unspecified number of plants, flowers, and objects of a temporary nature may be placed on
grave spaces. (Item H.(4) of the existing ordinance currently states “Items of this
nature shall be allowed . . .”.) The practice of placing numerous items on spaces has
increased, which has affected the aesthetics established for the cemetery system. In
addition, this practice has greatly increased maintenance requirements as these items
typically must be moved to complete turf mowing, trimming, and clean-up operations and
then replaced on the spaces. The Committee feels that limiting the number of items per
space to two, and implementing a standard schedule of clean-up days for the cemeteries
will rectify these aesthetic and maintenance issues. Under Item H.(5), wording will be
expanded to include “the City shall conduct a general grounds clean-up of the
cemeteries four times a year”. The new ordinance will also prohibit the use of
glass containers for the placement of items, which is not addressed in the existing
ordinance.
The Cemetery Advisory Committee also recommends the removal of the existing variance
request process located in Sub-Section M. The variance request process has historically
only been utilized for monument (headstone, footstone, corner markers, and ledgers)
issues. However, the current wording allows a variance request to be made for any item in
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this section of the Code of Ordinances. The Committee has worked diligently over the years
to preserve the look of the cemeteries that is a result of the monument restrictions that
have been in place in all versions of the cemetery rules and regulations since 1948. As this
look has been in place for over sixty years, the Committee feels that allowing exceptions to
the monument size restrictions goes against the look and intent that has been established
by the City of College Station. In addition, the Committee feels there is no compelling
reason for not being able to comply with the restrictions that are currently in place as there
are thousands of examples of compliance. (The current variance request appeals
process allows cemetery lot owners to present variance requests to the Cemetery
Advisory Committee, with appeals regarding those decisions being made to the
City Council. It is recommended that the wording in paragraph M.(2) be removed
in its’ entirety.)
Budget & Financial Summary: N/A
Attachments:
1. Copy of City Council Agenda Item Cover Sheet (Item #2-F, April 22, 2010 agenda).
2. Proposed changes to COCS Code of Ordinances, Chapter 1, Section 29, Sub-Sections
H and M (existing wording with mark-ups).
3. Amending Ordinance No.______________
15
April 22, 2010
Consent Agenda
Revisions to College Station, Texas, Code of Ordinances, Chapter 1, “GENERAL
PROVISIONS”, Section 29, “COLLEGE STATION CEMETERY RULES AND REGULATIONS”; SUB-
SECTIONS H AND M
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation Department
Agenda Caption: Revisions to College Station, Texas, Code of Ordinances, Chapter 1,
"GENERAL PROVISIONS", Section 29, "COLLEGE STATION CEMETERY RULES AND REGULATIONS";
Sub-Sections H and M.
Recommendation(s): Staff recommends approval of the revisions to College Station, Texas,
Code of Ordinances, Chapter 1 "GENERAL PROVISIONS", Section 29, "COLLEGE STATION
C EMETERY RULES AND REGULATIONS"; Sub-Sections H and M as presented. These revisions
apply to both cemeteries and limit the number of items that can be placed on grave spaces, as
well as standardized cemetery monuments with no variances allowed.
The revisions to Sub-Section M were considered by the Cemetery Advisory Committee during
their March 2, 2010, meeting, and the Committee made a recommendation to the College
Station City Council for approval of the revisions to Sub-Section M as presented. The revisions
to Sub-Section H were considered during the Cemetery Advisory Committee meeting of March
30, 2010, and the Committee made a recommendation to the College Station City Council for
approval of the revisions to Sub-Section H as presented.
Summary: The revisions to Sub-Section H are designed to enhance the aesthetics of the
cemetery system in addition to alleviating a growing maintenance concern. Currently an
unspecified number of plants, flowers, and objects of a temporary nature may be placed on
grave spaces. The practice of placing numerous items on spaces has increased, which has
affected the aesthetics established for the cemetery system. In addition, this practice has
greatly increased maintenance requirements as these items typically must be moved to
complete turf mowing, trimming, and clean-up operations. The Committee feels that limiting the
number of items per space to two, and implementing a standard schedule of clean-up days for
the cemeteries will rectify these aesthetic and maintenance issues.
The Cemetery Advisory Committee also recommends the removal of the existing variance
request process located in Sub-Section M, Number 2. The variance request process has
historically only been utilized for monument (including headstone, footstone, corner markers,
and ledgers) issues. The Committee has worked diligently over the years to preserve the look
of the cemeteries that is a result of the monument restrictions that have been in place in all
versions of the cemetery rules and regulations since 1948. As this look has been in place for
over sixty years, the Committee feels that allowing exceptions to the monument size restrictions
goes against the look and intent that has been established by the City of College Station. In
addition, the Committee felt there is really no compelling reason for not being able to comply
with the restrictions that are now in place.
Budget & Financial Summary: None
16
Attachments:
1) Existing Sub-Section H and M with Revision Mark-ups
2) Cemetery Rules Amending Ordinance Number __________
17
April 2010 Proposed Revisions to the College Station, Texas, Code of Ordinances:
Chapter 1, Section 29, Sub-Sections H and M
(New language is in bold, removed language is strikethrough)
H. PLANTING AND OTHER DECORATIONS IN CITY CEMETERIES
(1) Grass, flowers, shrubs, trees, or other types of vegetation shall be planted only by or at
the direction of the City Manager or his delegate in accordance with a landscape plan for
the entire cemetery. Plantings by individuals are prohibited and shall be removed by the
City.
(2) The City shall establish grass on spaces after an appropriate amount of time has elapsed
since burial to allow for settling. During this time the City shall establish the final grade to
match the surrounding area.
(3) Plantings of trees, shrubs or flowers on grave spaces at the College Station Cemetery
that existed prior to adoption of Ordinance No. 1959 on June 11, 1992, which were
specifically grandfathered with the adoption of that ordinance, shall continue to be grand-
fathered. These plantings may be removed by the City whenever they become unsightly,
or as necessary to provide access to grave spaces. Replacement of grandfathered
plantings that have been removed shall not be allowed.
(4) The placing of potted plants, cut flowers, baskets, floral pieces, funeral designs,
decorations, and all other objects of a temporary nature is permitted adjacent to the
monument only, and on the owner's space(s) only. Only two Iitems of this nature shall
only be allowed per space for a reasonable time after the interment in that space. No
glass containers are allowed, and the digging of holes for the placements of any
items is prohibited.
Items associated with a funeral can remain on the space for a reasonable amount
of time after the interment in that space. Determination of a reasonable amount of
time shall be determined by the City Manager or his delegate. The digging of holes for
the placement of potted plants and baskets is prohibited.
(5) The City Manager or his delegate shall have the right to remove all flowers, potted plants,
wreaths, baskets, floral pieces, funeral designs, decorations and all other objects of a
temporary nature when they become withered, unsightly, a safety concern, or an
obstruction to maintenance.
In addition, the City shall conduct a general grounds clean-up of the cemeteries
four times a year. In general these will be conducted as follows: mid-January, mid-
April, mid-July, and mid-October.
(6) No artificial flowers shall be permitted in, on, or around grave spaces.
(7) The City Manager or his delegate is empowered to and may enter upon any space within
the City Cemeteries and remove anything that may have been erected or placed thereon
contrary to the provisions of this section, and may remove any dead or damaged tree,
shrub or vine.
M. RULES ENFORCEMENT
(1) No monument, headstone, or marker may be set in the City Cemeteries without the prior
approval of the City Manager or his delegate and issuance of a permit. A permit request
form may be obtained from the Cemetery Sexton or the Parks and Recreation
Department.
All permit requests shall include renderings with size dimensions, names, dates,
engravings, and any other ornamentation for each requested monument, foot marker,
18
corner marker, or niche covering. If the City Manager or his delegate denies the permit,
the applicant may appeal the decision to the Cemetery Committee.
Any monument, headstone or marker set in violation of this ordinance shall be subject to
removal by the City of College Station as provided below.
(2) Any requests for variances to this ordinance shall be presented to the Cemetery
Committee. Appeals from decisions of the Cemetery Committee shall be to the City
Council. Appeals must be in writing and submitted to the office of the City Secretary
within ten (10) days of the issuance of the Cemetery Committee's decision. The City
Secretary's office shall schedule a hearing of the appeal before the Council within thirty
(30) days from receipt of the written request for appeal.
(3)(2) Whenever the City Manager or his delegate determines that a violation of this ordinance
has occurred, the City shall:
(a) Record and document the violation(s).
(b) Notify space owners in writing by regular mail to the last known address for the
space owner, of the violation(s).
(c) Allow fourteen (14) days from the date the notice was mailed for compliance or
appeal to the Cemetery Advisory Committee.
(d) If the space owner(s) neither comply with the ordinance nor request an appeal,
the City may remedy the violation.
19
ORDINANCE NO. ________________
AN ORDINANCE AMENDING CHAPTER 1, “GENERAL PROVISIONS” OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SECTION 29 PERTAINING TO CITY CEMETERIES RULES AND REGULATIONS AS
SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 1, “General Provisions”, of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
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) nor more than
Five Hundred Dollars ($500.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this ________ day of ______________________, 2011.
APPROVED:
__________________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
20
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
I.
That Chapter 1, “GENERAL PROVISIONS”, Section 29, “COLLEGE STATION CEMETERY RULES AND
REGULATIONS”, Sub-Sections H and M are hereby amended to read as follows:
“H. PLANTING AND OTHER DECORATIONS IN CITY CEMETERIES
(1) Grass, flowers, shrubs, trees, or other types of vegetation shall be planted only by or at
the direction of the City Manager or his delegate in accordance with a landscape plan for
the entire cemetery. Plantings by individuals are prohibited and shall be removed by the
City.
(2) The City shall establish grass on spaces after an appropriate amount of time has elapsed
since burial to allow for settling. During this time the City shall establish the final grade
to match the surrounding area.
(3) Plantings of trees, shrubs or flowers on grave spaces at the College Station Cemetery
that existed prior to adoption of Ordinance No. 1959 on June 11, 1992, which were
specifically grandfathered with the adoption of that ordinance, shall continue to be grand-
fathered. These plantings may be removed by the City whenever they become
unsightly, or as necessary to provide access to grave spaces. Replacement of
grandfathered plantings that have been removed shall not be allowed.
(4) The placing of potted plants, cut flowers, baskets, floral pieces, funeral designs,
decorations, and all other objects of a temporary nature is permitted adjacent to the
monument only, and on the owner's space(s) only. Only two items of this nature shall be
allowed per space. No glass containers are allowed, and the digging of holes for the
placement of any items is prohibited.
Items associated with a funeral can remain on the space for a reasonable amount of
time after the interment in that space. Determination of a reasonable amount of time
shall be determined by the City Manager or his delegate.
(5) The City Manager or his delegate shall have the right to remove all flowers, potted
plants, wreaths, baskets, floral pieces, funeral designs, decorations and all other objects
of a temporary nature when they become withered, unsightly, a safety concern, or an
obstruction to maintenance.
In addition, the City shall conduct a general grounds clean-up of the cemeteries four
times a year. In general these will be conducted as follows: mid-January, mid-April, mid-
July, and mid-October.
(6) No artificial flowers shall be permitted in, on, or around grave spaces.
(7) The City Manager or his delegate is empowered to and may enter upon any space within
the City Cemeteries and remove anything that may have been erected or placed thereon
contrary to the provisions of this section, and may remove any dead or damaged tree,
shrub or vine.
21
ORDINANCE NO.__________________ Page 3
M. RULES ENFORCEMENT
(1) No monument, headstone, or marker may be set in the City Cemeteries without the prior
approval of the City Manager or his delegate and issuance of a permit. A permit request
form may be obtained from the Cemetery Sexton or the Parks and Recreation
Department.
All permit requests shall include renderings with size dimensions, names, dates,
engravings, and any other ornamentation for each requested monument, foot marker,
corner marker, or niche covering.
Any monument, headstone or marker set in violation of this ordinance shall be subject to
removal by the City of College Station as provided below.
(2) Whenever the City Manager or his delegate determines that a violation of this ordinance
has occurred, the City shall:
(a) Record and document the violation(s).
(b) Notify space owners in writing by regular mail to the last known address for the
space owner, of the violation(s).
(c) Allow fourteen (14) days from the date the notice was mailed for compliance or
appeal to the Cemetery Advisory Committee.
(d) If the space owner(s) neither comply with the ordinance nor request an appeal,
the City may remedy the violation.”
22
February 10, 2011
Workshop Agenda Item No. 4
Impact Fee Report for Water/Wastewater
To: David Neeley, Interim City Manager
From: Dave Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding the content of
the draft Impact Fee Report for potential “system capacity” impact fees for Water and
Wastewater.
Relationship to Strategic Goals: Financially sustainable city providing response to core
services and infrastructure.
Recommendation: None, presented for information only.
Summary: On November 22, 2010 City Council directed staff to proceed with the required
analysis for potential impact fees to increase system capacity of the Water and Wastewater
systems. Since that time, staff and our consultant, HDR Engineers, have completed the
study of the underlying land use assumptions, capital improvements, future growth
projections, and rate credits to calculate the maximum impact fees. This information is
compiled in a draft Impact Fee Report that has been reviewed by the Capital Improvements
Advisory Committee (CIAC).
On February 3, 2011 the City’s Planning and Zoning Commission, acting in their designated
role as CIAC, reviewed the draft Impact Fee Report. Their specific tasks are to review the
calculations for reasonableness, and (if desired) to make a policy recommendation to City
Council.
The purpose of this workshop item is to explain the calculations that lead to the maximum
impact fees, discuss the issues brought up by the CIAC, and respond to any questions that
City Council may have.
Budget & Financial Summary: Not applicable
Attachment:
None
23