Loading...
HomeMy WebLinkAboutOrd.5348.10-19-2020 BILL NO. 20-148 ORDINANCE N0. ���sL3-,/546 AN ORDINANCE AMENDING THE CAPE GIRARDEAU CITY CODE REGARDING ADVISORY BOARDS AND COMMISSIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1. Section 1-2, entitled "Rules of Construction", of Chapter 1 of the City Code, reading as follows : Sec. 1-2 . - Rules of construction. In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council : City. Whenever the words "the city" or "this city" are used they shall be construed as if the words "of Cape Girardeau, Missouri, " followed them. City council. Whenever the term "city council" is used, it shall be construed to mean the city council of the City of Cape Girardeau. City limits. Whenever the words "city limits" are used they shall mean the legal boundary of the City of Cape Girardeau. Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded. County. The words "the county" or "this county" shall mean the County of Cape Girardeau or the County of Scott, or both, as the case may be, in the State of Missouri. Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section designates otherwise. Gender. A word importing the masculine gender only shall extend and be applied to all "persons, " as defined in this section. Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, 1 safety, comfort, convenience and general welfare. Where any provisions of this Code imposes greater restrictions upon the subject matter than the general restriction imposed by this Code, the provision imposing the greater restriction shall be deemed to be controlling. Joint authority. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons unless otherwise declared in the law giving the authority. Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or a servant, agent or employee. Month. The word "month" shall mean a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person or thing. A word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons and things. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land. Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals. Personal property. The term "personal property" includes every species of property except real property, as herein described. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. Premises. The word "premises" is coextensive with lands, tenements and hereditaments. to Property. The word "property" shall include real and personal property. Real property. The term "real property" is coextensive with lands, tenements and hereditaments. Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one (1) place and sleeps at another, the place where such person sleeps shall be deemed his residence. RSMo. The abbreviation "RSMo" shall mean the Revised Statutes of the State of Missouri of 1986, as amended. Seal. Whenever the word "seal" is used it shall mean the city or corporate seal. Sidewalk. The word "sidewalk" shall mean that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write. State. The words "the state" shall be construed to mean the State of Missouri. Street. The word "street" shall mean the entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Title of officer. Whenever the title of an officer is given it shall be construed as though the words "of the City of Cape Girardeau" were added. Week. The word "week" shall be construed to mean seven (7) days. Written, in writing. The term "written" or "in writing" shall include printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended. 3 Year. The word "year" shall mean a calendar year unless otherwise expressed, and is equivalent to the words "year of our Lord." is hereby repealed in its entirety and a new Section 1-2, entitled "Rules of construction", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 1-2. - Rules of construction. In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: City. Whenever the words "the city" or "this city" are used they shall be construed as if the words "of Cape Girardeau, Missouri," followed them. City Clerk. Whenever the words "City Clerk" are used, they shall be construed to mean the City Clerk as defined in the City Charter, or the City Clerk's designee. City council. Whenever the term "city council" is used, it shall be construed to mean the city council of the City of Cape Girardeau. City limits. Whenever the words "city limits" are used they shall mean the legal boundary of the City of Cape Girardeau. Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded. County. The words "the county" or "this county" shall mean the County of Cape Girardeau or the County of Scott, or both, as the case may be, in the State of Missouri. Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section designates otherwise. Gender. A word importing the masculine gender only shall extend and be applied to all "persons," as defined in this section. Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any w provisions of this Code imposes greater restrictions upon the subject matter than the general restriction imposed by this Code, the provision imposing the greater restriction shall be deemed to be controlling. Joint authority. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons unless otherwise declared in the law giving the authority. Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or a servant, agent or employee. Month. The word "month" shall mean a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person or thing. A word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons and things. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land. Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals. Personal property. The term "personal property" includes every species of property except real property, as herein described. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. Premises. The word "premises" is coextensive with lands, tenements and hereditaments. Property. The word "property" shall include real and personal property. 5 Real property. The term "real property" is coextensive with lands, tenements and hereditaments. Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one (1) place and sleeps at another, the place where such person sleeps shall be deemed his residence. RSMo. The abbreviation "RSMo" shall mean the Revised Statutes of the State of Missouri, as amended. Seal. Whenever the word "seal" is used it shall mean the city or corporate seal. Sidewalk. The word "sidewalk" shall mean that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write. State. The words "the state" shall be construed to mean the State of Missouri. Street. The word "street" shall mean the entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Title of officer. Whenever the title of an officer is given it shall be construed as though the words "of the City of Cape Girardeau" were added. Week. The word "week" shall be construed to mean seven (7) days. Written, in writing. The term "written" or "in writing" shall include printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended. Year. The word "year" shall mean a calendar year unless otherwise expressed, and is equivalent to the words "year of our Lord." 1.1 ARTICLE 2. Section 2-96 entitled "Boards and commissions", of Article V of Chapter 2 of the City Code, reading as follows: Sec. 2-96. - Boards and commissions. Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions: Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. is hereby repealed in its entirety and a new Section 2-96, entitled "Boards and commissions", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 2-96. - Boards and commissions. Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the City Council appointed members to the following boards and commissions: Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Park and Recreation Advisory Board, Planning and Zoning Commission, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. ARTICLE 3. Section 2-98 entitled "Appointment of members; term limits", of Article V of Chapter 2 of the City Code, reading as follows: Sec. 2-98. - Appointment of members; term limits. (a) Except as otherwise required by law, each member of a city board or commission shall serve at the pleasure of the 7 city council, and may be removed at any time and for any reason by a majority vote of the city council. (b) Except as otherwise provided in this section, no person may serve more than three (3) consecutive full terms on the same board or commission, beginning with terms that commenced on or after January 6, 1996. This term limitation shall not apply if the city council makes a finding that special expertise is required and there are no other qualified applicants. The term limitations shall also not apply to alternate members. If a member is reappointed to succeed himself to serve the balance of his or her unexpired term, the combined periods shall constitute service of a full term within the meaning of this subsection as if no break in service had occurred. (c) All persons desiring appointment or reappointment to a particular board or commission shall submit the appropriate application form before the proposed appointment is submitted to the city council for consideration. (d) Each member of a city board or commission shall continue in the office to which he was appointed until his or her successor is appointed and qualified, unless such member has resigned, forfeited or been removed from his position pursuant to the terms of this article. (e) If a vacancy occurs on any board or commission, the city council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. (f) After a person has served three (3) consecutive full terms on the same board or commission, as described in subsection (b) of this section, that person may be reappointed to that board or commission after the expiration of one (1) full calendar year from the conclusion of those three (3) terms. is hereby repealed in its entirety and a new Section 2-98, entitled "Appointment of members; term limits", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 2-98. - Appointment of members; term limits. (a) Except as otherwise required by law, each member of a city board or commission shall serve at the pleasure of the city council, and may be removed at any time and for any reason by a majority vote of the city council. (b) Except as otherwise provided in this section, no person may serve more than two (2) consecutive full terms on the same board or commission. This term limitation shall not apply if the city council makes a finding that special expertise is required and there are no other qualified applicants. The term limitations shall also not apply to alternate members. If a member is reappointed to succeed himself to serve the balance of his or her unexpired term, the combined periods shall constitute service of a full term within the meaning of this subsection as if no break in service had occurred. (c) All persons desiring appointment or reappointment to a particular board or commission shall submit the appropriate application form before the proposed appointment is submitted to the city council for consideration. (d) Each member of a city board or commission shall continue in the office to which he was appointed until his or her successor is appointed and qualified, unless such member has resigned, forfeited or been removed from his position pursuant to the terms of this article. (e) If a vacancy occurs on any board or commission, the city council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. (f) After a person has served two (2) consecutive full terms on the same board or commission, as described in subsection (b) of this section, that person may be reappointed to that board or commission after the expiration of one (1) full calendar year from the conclusion of those two (2) terms. ARTICLE 4. Section 2-102 entitled "Organization", of Article V of Chapter 2 of the City Code, reading as follows: Sec. 2-102. - Organization. Each city board or commission shall annually elect one of its members as chairman, another as vice-chairman, and another as secretary, plus such other officers as they deem necessary, to serve a term of one (1) year. The names of the new officers shall be reported to the city council within thirty (30) days after the election. is hereby repealed in its entirety and a new Section 2-102, entitled "Organization", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 2-102. - Organization. Each city board or commission shall annually elect one of its members as chairman, another as vice-chairman, and another as secretary, plus such other officers as they deem necessary, to I serve a term of one (1) year. The names of the new officers shall be reported to the city clerk within thirty (30) days after the election. ARTICLE 5. Section 5-36 entitled "Liquor license review board", of Article II of Chapter 5 of the City Code, reading as follows: Sec. 5-36. - Liquor license review board. (a) There is hereby created a board consisting of three (3) members which shall be known and designated as the liquor license review board. The city council shall appoint by formal motion and majority action the three (3) members of the liquor license review board, and shall name one (1) of those members as the chief review officer. Except as otherwise provided in section 2-98, members of the liquor license review board shall serve for terms of three (3) years beginning on the first day of December. All members' terms shall be staggered so that one (1) member's term shall expire each year. (b) Although there is currently a liquor license review board with one (1) member appointed by the city council, as of the effective date of this section all members of the new reconstituted board will be appointed by the city council. One (1) member will be appointed for a one year term, one (1) member will be appointed for a two-year term, and the other member will be appointed for a three-year term. When each term expires, that position will be filled for a three- year term. is hereby repealed in its entirety and a new Section 5-36, entitled "Liquor license review board", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 5-36. - Liquor license review board. There is hereby created a board consisting of three (3) members which shall be known and designated as the liquor license review board. One (1) alternate member may also be appointed to serve in the absence of, or the disqualification of, a regular member. The city council shall appoint by formal motion and majority action the members of the liquor license review board, and shall name one (1) full member as the chief review officer. Except as otherwise provided in section 2-981 members of the liquor license review board shall serve for terms of three (3) years beginning on the first day of December. All members' 10 terms shall be staggered so that one (1) member's term shall expire each year. ARTICLE 6. Section 5-37 entitled "Review of license denial, revocation or suspension", of Article II of Chapter 5 of the City Code, reading as follows: Sec. 5-37. - Review of license denial, revocation or suspension. (a) The chief review officer, after receiving an appeal from an applicant or licensee (appellant), shall schedule a meeting of the liquor license review board. Before the meeting, the board members shall be provided with copies of the letter of denial, revocation or suspension, the notice of appeal and any documentation and position statements provided by the city manager and the appellant pertaining to the license denial, revocation or suspension. The board may allow the city manager and the appellant or the appellant's representative to explain their positions to the board at the meeting. Thereafter, (1) The board may affirm or deny the city manager's action. (2) In the case of a license denial, the board may direct the city manager to grant the license. In the board's discretion, a license granted may be for less than the full period of time. In that case, the licensee shall pay only a prorated license fee. (3) The board may impose a suspension from one (1) day to thirty (30) days. If the board affirms a denial or revocation, it shall set forth the grounds for denial or revocation in a decision letter to the appellant. The letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed. (b) The chief review officer, after receiving an appeal from an objecting neighbor, shall schedule a meeting of the liquor license review board. Before the meeting, the board members shall be provided with copies of the letter of objection, the notice of appeal and any documentation and position statements provided by the objecting neighbor, the city manager, and the licensee. The board may allow the objecting neighbor, the city manager, and the licensee or the licensee's representative to explain their positions to the board at the meeting. The board may either affirm the 11 renewal or granting of the license, or deny the license. The license, in the board's discretion, may be for less than the full period of time. In that case, the licensee shall pay only a prorated license fee. The board shall set forth the grounds for its decision in a letter to the objecting neighbor and the licensee. The letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed. is hereby repealed in its entirety and a new Section 5-37, entitled "Review of license denial, revocation or suspension", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 5-37. - Review of license denial, revocation or suspension. (a) The chief review officer, after receiving an appeal from an applicant or licensee (appellant), shall schedule a meeting of the liquor license review board. Before the meeting, the board members shall be provided with copies of the letter of denial, revocation or suspension, the notice of appeal and any documentation and position statements provided by the city manager and the appellant pertaining to the license denial, revocation or suspension. The board may allow the city manager and the appellant or the appellant's representative to explain their positions to the board at the meeting. Thereafter, (1) The board may affirm or deny the city manager's action. (2) In the case of a license denial, the board may direct the city manager to grant the license. In the board's discretion, a license granted may be for less than the full period of time. In that case, the licensee shall pay only a prorated license fee. (3) The board may impose a suspension from one (1) day to thirty (30) days. If the board affirms a denial or revocation, it shall set forth the grounds for denial or revocation in a decision letter to the appellant. The letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed. (b) The chief review officer, after receiving an appeal from an objecting neighbor, shall schedule a meeting of the liquor license review board. Before the meeting, the board members shall be provided with copies of the letter of 12 objection, the notice of appeal and any documentation and position statements provided by the objecting neighbor, the city manager, and the licensee. The board may allow the objecting neighbor, the city manager, and the licensee or the licensee's representative to explain their positions to the board at the meeting. The board may either affirm the renewal or granting of the license, or deny the license. The license, in the board's discretion, may be for less than the full period of time. In that case, the licensee shall pay only a prorated license fee. The board shall set forth the grounds for its decision in a letter to the objecting neighbor and the licensee. The letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed. (c) The decision of the Liquor License Review Board is a final order, and the license is revoked or suspended immediately upon the order of the Liquor License Review Board upholding the revocation or suspension of the liquor license. ARTICLE 7. Section 5-39 entitled "Standards of conduct", of Article II of Chapter 5 of the City Code, reading as follows: Sec. 5-39. - Standards of conduct. The standards set forth in this section shall be considered in determining whether a license under this chapter should be renewed, suspended or revoked. In conducting business on the licensed premises, a licensee and the licensee's agents and employees shall: (a) Prevent or suppress any violent quarrel, disorder, brawl, fight or other unlawful conduct of any person on the premises. As used in this section, "premises" includes the licensed premises and the parking lots and areas around the business which are owned, used or maintained as part of the business. (b) Immediately report to the police any illegal or violent act committed on the premises when the licensee or the licensee's employee knew or should have known that the act occurred on the premises. (c) Cooperate fully with law enforcement authorities during an investigation of an illegal or violent act committed on the premises. (d) Operate the business in such a manner that it does not constitute a nuisance. 13 (e) Take appropriate and necessary steps to supervise the outdoor area of the premises including keeping the area free from litter and preventing the parking area from becoming a gathering place for customers of the business. (f) Comply with all provisions of this chapter and this code. (g) Comply with all state and federal law, including all rules and regulations pertaining to the sale and licensing of intoxicating liquor. is hereby repealed in its entirety and a new Section 5-39, entitled "Standards of conduct", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 5-39. - Standards of conduct. The standards set forth in this section shall be considered in determining whether a license under this chapter should be renewed, suspended or revoked. In conducting business on the licensed premises, a licensee and the licensee's agents and employees shall: (a) Immediately prevent or suppress any violent quarrel, disorder, brawl, fight or other unlawful conduct of any person on the premises. As used in this section, "premises" includes the licensed premises and the parking lots and areas around the business which are owned, used or maintained as part of the business. (b) Immediately report to the police any illegal or violent act committed on the premises when the licensee or the licensee's employee knew or should have known that the act occurred on the premises. (c) Cooperate fully with law enforcement authorities during an investigation of an illegal or violent act committed on the premises. (d) Operate the business in such a manner that it does not constitute a nuisance. (e) Take appropriate and necessary steps to supervise the outdoor area of the premises including keeping the area free from litter and preventing the parking area from becoming a gathering place for customers of the business. (f) Comply with all provisions of this chapter and this code. (g) Comply with all state and federal law, including all rules and regulations pertaining to the sale and licensing of intoxicating liquor. 14 ARTICLE 8. Section 18-28 entitled "Meetings; bylaws", of Article II of Chapter 18 of the City Code, reading as follows: Sec. 18-28. - Meetings; bylaws. The park and recreation advisory board shall have regular meetings on the first Monday of every month and special meetings when called by the chairman or four (4) members. The board may vote to change the date for its regular meetings for the convenience of its members, and the date may then be changed upon proper notification to the city council. The board shall adopt bylaws to govern the conduct of business. is hereby repealed in its entirety and a new Section 18-28, entitled "Meetings; bylaws", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 18-28. - Meetings; bylaws. The park and recreation advisory board shall have regular meetings on the first Monday of every month and special meetings when called by the chairman or four (4) members. The board may vote to change the date for its regular meetings for the convenience of its members, and the date may then be changed upon proper notification to the city clerk. The board shall adopt bylaws to govern the conduct of business. ARTICLE 9. Section 18-30(b) entitled "Powers and duties", of Article II of Chapter 18 of the City Code, reading as follows: Sec. 18-30(b). - Powers and duties. (b) The park and recreation advisory board may investigate or study any problem or condition related to the construction, operation, maintenance or improvement of, or addition to a city park or related recreational facility. The park and recreation advisory board may meet, confer or negotiate with any individual, partnership, association, corporation, or local, state or federal agent or governmental organization. The park and recreation advisory board may present a proposed plan or design to the city council. is hereby repealed in its entirety and a new Section 18-30(b), entitled "Powers and duties", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: 15 Sec. 18-30(b). - Powers and duties. (b) The park and recreation advisory board may investigate or study any problem or condition related to the construction, operation, maintenance or improvement of, or addition to a city park or related recreational facility. The park and recreation advisory board may meet with any individual, partnership, association, corporation, or local, state or federal agent or governmental organization. The park and recreation advisory board may present a proposed plan or design to the city council. ARTICLE 10. Section 18-55 entitled "Officers", of Article II of Chapter 18 of the City Code, reading as follows: Sec. 18-55. - Officers. The board shall meet annually during the month of November to elect officers. is hereby repealed in its entirety and a new Section 18-55, entitled "Officers", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 18-55. - Officers. The board shall meet annually to elect officers. ARTICLE 11. Section 18-56 entitled "Powers and duties", of Article II of Chapter 18 of the City Code, reading as follows: Sec. 18-56. - Powers and duties. (a) The board shall act in an advisory capacity to the city council to review, promote and expedite development and use of city golf course facilities. (b) The board may study any problem or condition relating to the construction, operation, maintenance or improvement of, or addition to the golf course or related facilities. The board may meet and confer with any individual, partnership, association, corporation, or local, state or federal agent or governmental organization. The board may present its findings and related recommendations to the city council. 16 (c) The board may make recommendations to the city council about scheduling of activities at the golf course and act in other respects as coordinator for public recreation at the golf course. (d) The board shall keep the city council informed of its activities. is hereby repealed in its entirety and a new Section 18-56, entitled "Powers and duties", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 18-56. - Powers and duties. (a) The board shall act in an advisory capacity to the city council to review, promote and expedite development and use of city golf course facilities. (b) The board may study any problem or condition relating to the construction, operation, maintenance or improvement of, or addition to the golf course or related facilities. The board may meet and confer with any individual, partnership, association, corporation, or local, state or federal agent or governmental organization. The board may present its findings and related recommendations to the city council. (c) The board may make recommendations to the city council about scheduling of activities at the golf course. (d) The board shall keep the city council informed of its activities. ARTICLE 12. Section 30-203 entitled "Historic preservation commission", of Article II of Chapter 30 of the City Code, reading as follows: Sec. 30-203. - 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 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 Historic Preservation Commission shall include professional members representing such disciplines as architecture, law, real estate, history or any other field related to historic preservation. (b) Reserved. 17 (c) Terms. Except as otherwise provided in section 2-98, the terms of office of the appointed members of the historic 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. (d) Officers, duties. The historic preservation commission shall meet annually during the month of May to elect officers. All officers of the historic 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 historic preservation commission are performed: (1) Preparation of minutes of each historic preservation commission meeting and hearing. (2) Publication and distribution of copies of the minutes, reports and decisions of the historic preservation commission to the members of the historic preservation commission. (3) Provision of notice as required herein or by law for all public hearings conducted by the historic preservation commission. (4) Notification to the city clerk of vacancies on the historic 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 historic 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 historic 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 historic preservation commission shall vote on any matter which may materially or apparently affect the property, income or business interest of that member. M (2) The historic preservation commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall be filed in the office of the historic preservation commission and shall be a public record. (f) Powers and duties. The historic 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 make recommendations for proposed designations as landmark and/or historic districts 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, proposed zoning amendments or applications for zoning variances, for a landmark or 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 city council, 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 historic 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 19 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 historic preservation commission may recommend the city apply for, receive, or expend any federal, state or private grant, grant-in-aid, or bequest, in furtherance of the general purpose of this article. (12) To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures. (g) Surveys and research. The historic preservation commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's "Standards and Guidelines for Historic Preservation". The survey will be compatible with Missouri's statewide historical preservation comprehensive planning process. In establishing the foregoing information, the historic preservation commission shall place particular emphasis upon evaluating and incorporating the findings of studies and surveys already completed. (h) Review of public improvement projects. Public improvements by the city or any of its departments or agencies may be reviewed by the historic preservation commission in the following manner: (1) The historic preservation commission may review and comment upon any capital improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred eighty-five (185) feet of any historic district. The historic preservation commission shall have thirty (30) days to complete its review and report to the director of development services. The division of planning services, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the historic preservation commission shall complete its review and report. The report by the historic preservation commission shall include any recommendations for changes to the preliminary design 20 that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The commission's report along with responses shall be presented with the public improvement plans to the council for approval. (2) The historic preservation commission may review and make recommendations upon any acquisition by the city or any of its agencies or departments of any designated landmark or of any building within a historic district. The city council or the division of planning services may, at the earliest possible date that will not interfere with acquisition negotiations, send the historic preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the historic preservation commission shall report to the city council. ,is hereby repealed in its entirety and a new Section 30-203, entitled "Historic preservation commission", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 30-203. - 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 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 Historic 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 terms of office of the appointed members of the historic 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. 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 historic preservation commission shall be eligible for reelection. The chairman 21 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 historic preservation commission are performed: (1) Preparation of minutes of each historic preservation commission meeting and hearing. (2) Publication and distribution of copies of the minutes, reports and decisions of the historic preservation commission to the members of the historic preservation commission. (3) Provision of notice as required herein or by law for all public hearings conducted by the historic preservation commission. (4) Notification to the city clerk of vacancies on the historic 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 historic preservation commission on any matter requiring city council consideration. (d) Meetings. Meetings shall be held at regularly scheduled times to be established by the historic 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 historic preservation commission shall vote on any matter which may materially or apparently affect the property, income or business interest of that member. (2) The historic preservation commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall be filed in the office of the city clerk and shall be a public record. (e) Powers and duties. The historic 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. PA (2) To make recommendations for proposed designations as landmark and/or historic districts 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, proposed zoning amendments or applications for zoning variances, for a landmark or 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 city council, 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 historic 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 historic preservation commission may recommend the city apply for, receive, or expend any federal, state or private grant, grant-in-aid, or bequest, in furtherance of the general purpose of this article. 23 (12) To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures. (f) Surveys and research. The historic preservation commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's "Standards and Guidelines for Historic Preservation". The survey will be compatible with Missouri's statewide historical preservation comprehensive planning process. In establishing the foregoing information, the historic preservation commission shall place particular emphasis upon evaluating and incorporating the findings of studies and surveys already completed. (g) Review of public improvement projects. Public improvements by the city or any of its departments or agencies may be reviewed by the historic preservation commission in the following manner: (1) The historic preservation commission may review and comment upon any capital improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred eighty-five (185) feet of any historic district. The historic preservation commission shall have thirty (30) days to complete its review and report to the director of development services. The division of planning services, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the historic preservation commission shall complete its review and report. The report by the historic preservation commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The commission's report along with responses shall be presented with the public improvement plans to the council for approval. (2) The historic preservation commission may review and make recommendations upon any acquisition by the city or any of its agencies or departments of any designated landmark or of any building within a historic district. The city council or the division of planning services may, at the earliest possible date that will not interfere with acquisition negotiations, PAD send the historic preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the historic preservation commission shall report to the city council . ARTICLE 13 . 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 14 . 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 of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 15. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS /92 DAY OF (Aoki, , 2020 . ild Bob Fox, Mayor ATTEST: • ��� ' slid�4'S4 . , 4r:c:" , Deputy City Clerk 'tit s \\\\\, amu. lQ„ y\ „ 25 City Code of Ordinances ARTICLE V. - BOARDS AND COMMISSIONS Sec. 2-96. - Boards and commissions. Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions: Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. Sec. 2-97. - Eligibility for membership. (a) No member of the city council, the mayor, any city employee, nor any appointed city official shall serve on any board or commission heretofore established or hereafter established by the city council during his or her tenure as council member, mayor, city employee or appointed official, except as an ex officio member. (b) The city council shall not nominate or appoint to any board or commission any person who is a member of the immediate family of a council person. "Immediate family" for the purpose of this section is defined as spouse, child, brother, sister, parent, grandparent, father-in-law, mother-in- law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law, and shall also include step - relatives of the same degree. (c) Every member of a board or commission appointed by the city council shall be a resident of the City of Cape Girardeau. If a board member moves from city residence, he or she will automatically forfeit his or her position on that board. Sec. 2-98. - Appointment of members; term limits. (a) Except as otherwise required by law, each member of a city board or commission shall serve at the pleasure of the city council, and may be removed at any time and for any reason by a majority vote of the city council. (b) Except as otherwise provided in this section, no person may serve more than three (3) consecutive full terms on the same board or commission, beginning with terms that commenced on or after January 6, 1996. This term limitation shall not apply if the city council makes a finding that special expertise is required and there are no other qualified applicants. The term limitations shall also not apply to alternate members. If a member is reappointed to succeed himself to serve the balance of his or her unexpired term, the combined periods shall constitute service of a full term within the meaning of this subsection as if no break in service had occurred. (c) All persons desiring appointment or reappointment to a particular board or commission shall submit the appropriate application form before the proposed appointment is submitted to the city council for consideration. (d) Each member of a city board or commission shall continue in the office to which he was appointed until his or her successor is appointed and qualified, unless such member has resigned, forfeited or been removed from his position pursuant to the terms of this article. (e) If a vacancy occurs on any board or commission, the city council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. (f) After a person has served three (3) consecutive full terms on the same board or commission, as described in subsection (b) of this section, that person may be reappointed to that board or commission after the expiration of one (1) full calendar year from the conclusion of those three (3) terms. Sec. 2-99. - Multiple board memberships. No person may serve on more than one (1) city board or commission at any one time. Any current board or commission member desiring to apply to another board or commission, must submit an appropriate application form for that board or commission. Sec. 2-100. - Resignations. All resignations from any board or commission must be in writing, and submitted to the city clerk. Sec. 2-101. - Attendance of members of boards and commissions required. Except as otherwise provided in the Code of Ordinances for the City of Cape Girardeau for a specific board or commission, the following rules shall apply: (1) If any board or commission member misses three (3) consecutive regularly scheduled meetings of the board or commission, or four (4) regularly scheduled meetings in any twelve (12) continuous months, their position on such board or commission shall automatically be deemed vacant and a replacement shall be named as provided. In computing attendance, no allowances shall be made for any excuses. This attendance requirement shall not apply to alternate members. (2) Written notice by the mayor or his designee shall be given to each advisory board or commission member when two (2) consecutive regularly scheduled meetings or three (3) regularly scheduled meetings in any twelve (12) continuous months, have been missed notifying that member of his or her status on the board or commission. (3) Whenever any current or former member of any board or commission applies for appointment or reappointment to a particular board or commission, city staff shall advise the city council of the attendance record of the board or commission member during his last twelve (12) months of service. Sec. 2-102. - Organization. Each city board or commission shall annually elect one of its members as chairman, another as vice- chairman, and another as secretary, plus such other officers as they deem necessary, to serve a term of one (1) year. The names of the new officers shall be reported to the city council within thirty (30) days after the election. (Ord. No. 2701, art. 2, 4-3-00) Sec. 2-103. - Quorum. A majority of the board or commission shall constitute a quorum for the transaction of business. Sec. 2-104. - Majority votes. All decisions or actions of any board or commission shall be made by a majority vote of all the members present at a meeting where a quorum exists. Sec. 2-105. - Staff support. The city manager shall appoint a city employee to serve as staff liaison for each board or commission. Sec. 2-106. - Compensation. All members of boards or commissions shall serve without compensation, but may be reimbursed actual expenses upon the prior approval of the city manager. Sec. 2-107. - Rules of procedure. Each board or commission may adopt such rules of procedure as it deems necessary for the conduct of its business, procedure and the faithful performance of its duties. Such rules shall not be inconsistent with state or federal law, nor with any provision contained in the City Code or City Charter. Sec. 2-108. - Advisory capacity. Except as otherwise required by law, each board or commission enumerated herein shall act solely as an advisory group to the city council and city manager regarding the betterment of administrative operations within its field and as to any specific problems referred to it by ordinance, resolution, motion or by the city manager. Sec. 2-109. - Formation of not-for-profit corporations. No board or commission of this city shall form any not-for-profit corporation for any purpose whatsoever without prior approval of the city council.