HomeMy WebLinkAboutOrd.3916.05-05-2008 BILL NO. 08-59 ORDINANCE NO. 39/(0
AN ORDINANCE AMENDING SECTION 30-117 OF THE
CITY CODE RELATING TO THE TOWN CRIER AND THE
HISTORIC PRESERVATION COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
ARTICLE 1. Section 30-117 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , reading as follows :
Sec. 30-117 . Historic preservation commission .
(a) Composition. The Cape Girardeau Historic
Preservation Commission shall consist of nine (9)
members, all of whom shall be appointed by and
approved by the city council . The council shall
make every effort to appoint persons with a
demonstrated interest in the historical
preservation of the city. To the extent
available, the preservation commission shall
include professional members representing such
disciplines as architecture, law, real estate,
history or any other field related to historic
preservation.
(b) Terms . Except as otherwise provided in section
2-98 , the term of office of the appointed members
of the preservation commission shall be for three
(3) years, beginning on the seventeenth day of
April . All members , terms shall be staggered so
that three (3) members , terms shall expire each
year. Vacancies shall be filled within sixty (60)
days . A member may be appointed to a shorter
term, however, if necessary to accomplish the
requirements of this paragraph.
(c) Officers, duties . The historic preservation
commission shall meet annually during the month
of May to elect officers . All officers of the
preservation commission shall be eligible for
reelection. The chairman shall preside over
meetings . In the absence of the chairman, the
vice-chairman shall perform the duties of the
chairman. If both are absent, a temporary
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chairman shall be elected by those present . The
officers shall assure that the following duties
of the preservation commission are performed:
(1) Preparation of minutes of each preservation
commission meeting and hearing.
(2) Publication and distribution of copies of
the minutes, reports and decisions of the
preservation commission to the members of
the preservation commission.
(3) Provision of notice as required herein or by
law for all public hearings conducted by the
preservation commission.
(4) Notification to the city clerk of vacancies
on the preservation commission and expiring
terms of members .
(5) Preparation and submission to the city
council of a complete record and votes of
the proceedings before the preservation
commission on any matter requiring city
council consideration.
(d) Meetings . Meetings shall be held at regularly
scheduled times to be established by resolution
of the preservation commission, but not less than
monthly, at the beginning of each calendar year,
or at any time upon the call of the chairman:
(1) No member of the preservation commission
shall vote on any matter which may
materially or apparently affect the
property, income or business interest of
that member .
(2) The preservation commission shall keep
minutes of its proceedings, showing the
vote, indicating such fact, and shall be
filed in the office of the preservation
commission and shall be a public record.
(e) Powers and duties . The preservation commission
shall have the following powers and duties :
(1) To increase public awareness of the value of
historic, architectural and cultural
2
preservation by developing and participating
in public information programs and by
recommending the update of the preservation
program.
(2) To initiate and recommend property and/or
properties for proposed designations as
landmark and/or historic district and to
review and comment on proposed designations .
(3) To review applications for construction,
alteration, or reconstruction for landmarks,
or structures within a historic district .
(4) To review proposed changes in buildings,
structures, street furniture, city parks,
civic areas, public facilities or
environmental features of a landmark or
within a historic district .
(5) To review applications for demolition
permits to demolish buildings or structures
designated as landmarks or those within a
historic district .
(6) May review applications for special use
permits, proposed zoning amendments, or
applications for zoning variances, for a
landmark or within a historic district, and
to make recommendations concerning such
requests to the planning and zoning
commission or board of adjustment as
indicated by the nature of the request .
(7) To initiate from time to time a
comprehensive review of the provisions of
this article or any part thereof .
(8) To disseminate to owners or occupants of
landmarks or within historic districts, or
to the general public information concerning
the preservation of landmarks or historic
districts .
(9) The preservation commission may support the
nomination to the national register of
historic places local landmarks and
districts which the commission members
believe meet the standards herein set forth
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and have contributed to the history,
architecture and culture of the city.
(10) To initiate, develop and supervise surveys,
to identify historically and architecturally
significant properties, structures, and
areas that exemplify the cultural, social,
economic, political, or architectural
history of the nation, state or city.
(11) The preservation commission may recommend
the city apply for, receive, or expend any
federal, state or private grant, grant-in-
aid, gift or bequest, in furtherance of the
general purposes of this article .
(12) To recommend grants, tax incentives, and
benefits to encourage redevelopment of
historically significant structures .
is hereby repealed in its entirety, and a new Section 30-117 is
hereby enacted in lieu thereof, in words and figures, to read as
follows :
Sec. 30-117 . Historic preservation commission.
(a) Composition. The Cape Girardeau Historic
Preservation Commission shall consist of nine (9)
members, plus ex-officio members, all of whom
shall be appointed by and approved by the city
council . The council shall make every effort to
appoint persons with a demonstrated interest in
the historical preservation of the city. To the
extent available, the preservation commission
shall include professional members representing
such disciplines as architecture, law, real
estate, history or any other field related to
historic preservation.
(b) Town crier. There is hereby established a
permanent commission for the position of Town
Crier for the City of Cape Girardeau, Missouri,
to announce events and to maintain the historical
and cultural heritage of the city. The Town
Crier is hereby made a non-voting ex-officio
member of the Historic Preservation Commission.
(c) Terms . Except as otherwise provided in section
2-98 , the term of office of the appointed members
4
of the preservation commission, including ex-
officio members, shall be for three (3) years,
beginning on the seventeenth day of April . All
members ' terms shall be staggered so that three
(3) members ' terms shall expire each year.
Vacancies shall be filled within sixty (60) days .
A member may be appointed to a shorter term,
however, if necessary to accomplish the
requirements of this paragraph.
(d) Officers, duties . The historic preservation
commission shall meet annually during the month
of May to elect officers . All officers of the
preservation commission shall be eligible for
reelection. The chairman shall preside over
meetings . In the absence of the chairman, the
vice-chairman shall perform the duties of the
chairman. If both are absent, a temporary
chairman shall be elected by those present . The
officers shall assure that the following duties
of the preservation commission are performed:
(1) Preparation of minutes of each preservation
commission meeting and hearing.
(2) Publication and distribution of copies of
the minutes, reports and decisions of the
preservation commission to the members of
the preservation commission.
(3) Provision of notice as required herein or by
law for all public hearings conducted by the
preservation commission.
(4) Notification to the city clerk of vacancies
on the preservation commission and expiring
terms of members .
(5) Preparation and submission to the city
council of a complete record and votes of
the proceedings before the preservation
commission on any matter requiring city
council consideration.
(e) Meetings . Meetings shall be held at regularly
scheduled times to be established by resolution
of the preservation commission, but not less than
monthly, at the beginning of each calendar year,
or at any time upon the call of the chairman:
5
(1) No member of the preservation commission
shall vote on any matter which may
materially or apparently affect the
property, income or business interest of
that member.
(2) The preservation commission shall keep
minutes of its proceedings, showing the
vote, indicating such fact, and shall be
filed in the office of the preservation
commission and shall be a public record.
(f) Powers and duties . The preservation commission
shall have the following powers and duties :
(1) To increase public awareness of the value of
historic, architectural and cultural
preservation by developing and participating
in public information programs and by
recommending the update of the preservation
program.
(2) To initiate and recommend property and/or
properties for proposed designations as
landmark and/or historic district and to
review and comment on proposed designations .
(3) To review applications for construction,
alteration, or reconstruction for landmarks,
or structures within a historic district .
(4) To review proposed changes in buildings,
structures, street furniture, city parks,
civic areas, public facilities or
environmental features of a landmark or
within a historic district .
(5) To review applications for demolition
permits to demolish buildings or structures
designated as landmarks or those within a
historic district .
(6) May review applications for special use
permits, proposed zoning amendments, or
applications for zoning variances, for a
landmark or within a historic district, and
to make recommendations concerning such
requests to the planning and zoning
6
commission or board of adjustment as
indicated by the nature of the request .
(7) To initiate from time to time a
comprehensive review of the provisions of
this article or any part thereof .
(8) To disseminate to owners or occupants of
landmarks or within historic districts, or
to the general public information concerning
the preservation of landmarks or historic
districts .
(9) The preservation commission may support the
nomination to the national register of
historic places local landmarks and
districts which the commission members
believe meet the standards herein set forth
and have contributed to the history,
architecture and culture of the city.
(10) To initiate, develop and supervise surveys,
to identify historically and architecturally
significant properties, structures, and
areas that exemplify the cultural, social,
economic, political, or architectural
history of the nation, state or city.
(11) The preservation commission may recommend
the city apply for, receive, or expend any
federal, state or private grant, grant-in-
aid, gift or bequest, in furtherance of the
general purposes of this article .
(12) To recommend grants, tax incentives, and
benefits to encourage redevelopment of
historically significant structures .
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
7
of Cape Girardeau, Missouri, and the sections of this Code may
be renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval .
6t AND APPROVED THIS DAY OF 20_0&
O �
Jay Knudtson, Mayor
M
aAL
Gayle L. nrad
City Clerk
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