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HomeMy WebLinkAbout2019-4089 - Ordinance - 04/25/2019ORDINANCE NO. 2019-4089 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, TO STAGGER APPOINTMENTS TO CITY BOARDS AND COMMITTEES IN ORDER TO ALLOW THE CITY COUNCIL TO MAKE ANNUAL APPOINTMENTS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 26, 2018, the City Council of the City of College Station, Texas, modified the terms for all boards and committees to three year terms; and WHEREAS, as a result of changing the terms of said boards and committees, staggered appointments would generally be made only two out of every three years; and WHEREAS, the City Council of the City of College Station, Texas, has determined that it would be beneficial to the City to make staggered appointments to boards and committees every year; and WHEREAS, transitioning from appointments two out of every three years to annual appointments will require a transition period; 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 ORDINANCE NO. 2019-4089 Page 2 of 9 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 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. ORDINANCE NO. 2019-4089 Page 3 of 9 PASSED, ADOPTED and APPROVED this 25th day of April, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4089 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 term of office is three (3) years, provided, however, that: (a) two (2) of the members whose terms expire January 2020 shall be appointed to a two (2) year term; and (b) three (3) of the members whose terms expire January 2022 shall be appointed to a two (2) year term. Thereafter, all appointments shall be for three (3) years. 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. 2019-4089 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 term of office is three (3) years, provided, however, that: (a) three (3) of the members whose terms expire in January 2020 shall be appointed to serve a two (2) year term; and (b) the three (3) members whose terms expire January 2022 shall be appointed to a two (2) year term. Thereafter, all appointments shall be for three (3) years. 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. 2019-4089 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 term of office is three (3) years, provided, however, that (a) two (2) of the members whose terms expire January 2020 shall be appointed to a one (1) year term and two (2) of the members whose terms expire January 2020 shall be appointed to a two (2) year term; and (b) the two (2) alternates whose terms expire January 2020 and January 2021 shall be appointed to a two (2) year term. Thereafter, all appointments shall be for three (3) years. 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. 2019-4089 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. With the exception of the Chairman of the Council Transportation Committee or his/her designee who shall serve on this Board for as long as the Chairman serves on the Council Transportation Committee, the term of office is three (3) years, provided, however, that: (a) two (2) of the four (4) members whose terms expire January 2020 shall be appointed to a two (2) year term; and (b) the two (2) members whose terms expire January 2022 shall be appointed to a two (2) year term. Thereafter, all appointments shall be for three (3) years. ORDINANCE NO. 2019-4089 Page 8 of 9 Article 2. – Development Review Bodies. Sec. 2.2. – Planning and Zoning Commission. B. Membership and Terms. 2. Terms. The term of office is three (3) years, provided, however, that: (a) two (2) of the four (4) commissioners whose terms expire January 2020 shall be appointed to a two (2) year term; and (b) the three (3) commissioners whose terms expire January 2022 shall be appointed to a two year term. Thereafter, all appointments shall be for three (3) years. 3. Term Limits. Terms of office shall be limited to two (2) consecutive three-year terms or six (6) consecutive years. A person appointed to fill an unexpired term may be appointed to only one (1) additional consecutive term. ORDINANCE NO. 2019-4089 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. With the exception of the Chairperson of the Planning and Zoning Commission or his/her designee who shall serve on this Board as long as the Chairperson serves as chair of the Planning and Zoning Commission, the term of office is three (3) years, provided, however, that one (1) of the three (3) members whose terms expire January 2020 shall be appointed to a two (2) year term and two (2) of the three (3) members whose terms expire January 2022 shall be appointed to a two (2) year term. Thereafter, all appointments shall be for three (3) years. 3. The Design Review Board is a governmental body and shall comply with the Open Meetings Act.