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HomeMy WebLinkAboutORD.2701.04-03-20004 BILL NO. 2000-71 ORDINANCE NO. Q:20 I AN ORDINANCE AMENDING CHAPTERS 2, 3, 4, 7, 8, 15, 18, AND 30, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BOARDS AND COMMISSIONS; AND AMENDING AND RENUMBERING CERTAIN SECTIONS OF ORDINANCE NO. 94 RELATING TO THE SPECIAL BUSINESS DISTRICT ADVISORY COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 2-1 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Removal of members of boards and commissions", reading as follows: Sec. 2-1. Removal of members of boards and commissions. Except as otherwise provided by statute, the city council may, by motion duly made and passed, remove from office any member of any city board or commission who, in the council's opinion, has failed to faithfully perform the duties of his office or who at any time lacks any qualification for his office. is 2erebr rpealec in its entirety. ARTICLE 2. A new Article V in Chapter 2 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Boards and Commissions", is hereby enacted, in words and figures, to read as follows: ARTICLE V. BOARDS AND COMMISSIONS Sec. 2-96. Boards and Commissions Covered. 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, Board of Examiners, Cable Television Advisory Committee, Convention and Visitors Advisory Board, Ethics Commission, 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, Vision 2000/Vision 2020 Community Relations Council, and any other board or commission established by the City Council pursuant to Section 5.04, 5.05 and 5.06 of the City Charter. Sec. 2-97. 1 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. Further, no City employee's immediate family member may serve on a board or commission in which the employee is directly employed by the department involved. "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) 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 for alternate members, no person shall be appointed to the same board or commission for more than two (2) consecutive full terms, beginning with terms that commenced on or after January 6, 1996. This term limitation shall not apply if the City Council makes a K finding that special expertise is required and there are no other qualified applicants. (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. 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. (a) If any board or commission member misses three (3) consecutive meetings of the board or commission, or four (4) 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. (b) Written notice by the Mayor or his designee shall be given to each advisory board or commission member when two (2) consecutive meetings or three (3) meetings in any twelve (12) continuous months, have been missed 3 notifying that member of his or her status on the board or commission. (c) 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. 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 shall be made by a majority vote present at a meeting where a quorum Sec. 2-105. Staff Support. board or commission of all the members exists. 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 Cape Girardeau City Code or City Charter. 4 See. 2-108. Advisory Capacity. 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. See. 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. ARTICLE 3. Section 2-133 entitled "Removal, Forfeiture of office", Section 2-134 entitled "Officers", and Section 2-135 entitled "Compensation", of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: See. 2-133. Removal; forfeiture of office. (a) The members of the ethics commission may be removed at any time by a majority vote of the city council. (b) A member of the commission shall immediately forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this article or by law; (2) Violates any express requirement of this article; (3) Remains in default to the city after notice of such default; or (4) Ceases to be a resident or registered voter of the city. Sec. 2-134. Officers. The ethics commission shall elect a chairman, vice- chairman, and a secretary to serve a term of one (1) year each. The first officers, however, shall only serve until the following January. Thereafter, the commission shall meet annually during the month of January of each year to elect a chairman, vice-chairman and secretary to serve a term of one (1) year. No person shall serve more than two (2) full terms as chairman. The names of the new officers 5 shall be reported to the city council within fifteen (15) days after the election. Sec. 2-135. Compensation. No member of the ethics commission shall receive compensation for his service. arq heteby-r e&led in their entirety, and new Sections 2-133, 2- 134, and 2-135 are hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 2-133. Forfeiture of office. A member of the commission shall immediately forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this article or by law; (2) Violates any express requirement of this article; (3) Remains in default to the city after notice of such default; or (4) Ceases to be a resident or registered voter of the city. Sec. 2-134. Officers. The ethics commission shall meet annually during the month of January of each year to elect officers. No person shall serve more than two (2) full terms as chairman. Sec. 2-135. RESERVED. ARTICLE 4. Section 2-144 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Vision 2000/Vision 2020 Community Relations Council", reading as follows: Sec. 2-144. Vision 2000/Vision 2020 Community Relations Council. (a) Name/establishment. There is hereby established an advisory committee which shall be named the "Vision 2000 Community Relations Council". On January 1, 2001, however, the name of this advisory committee shall automatically change to the "Vision 2020 Community Relations Council". R (b) Composition. The Vision 2000/Vision 2020 Community Relations Council shall consist of twelve (12) citizen members who shall be residents of the city, appointed by the city council, and four (4) ex -officio members. The four (4) ex -officio members shall be the city manager or his designee, the president of the Cape Girardeau chamber of commerce, the director of the small business development center, and a representative of the city council chosen by its members. Both the appointed members and the ex -officio members will be voting members of this advisory committee. (c) Term of office. The term of office of the appointed members of the Vision 2000/Vision 2020 Community Relations Council shall be as follows: Four (4) members shall serve for a term expiring December 31, 1998; four (4) members shall serve for a term expiring December 31, 1999; and four (4) members shall serve for a term expiring December 31, 2000. As the term of a member expires, the city council shall appoint a successor for a term of three (3) years, beginning the first day of January following the expiration year; except as provided below. All board members whose terms expire prior to December 31, 2000, or any of their successors, may only be appointed or re -appointed to terms expiring on December 31, 2000. Thereafter, the city council shall appoint all twelve (12) members for new terms as follows: four (4) shall serve for a term expiring December 31, 2001; four (4) shall serve for a term expiring December 31, 2002; and four (4) shall serve for a term expiring December 31, 2003. This board was previously constituted with a membership of twelve (12) appointed members, and on the effective date of this article, twelve (12) citizens are currently serving three (3) year terms as appointed members of this advisory board. The terms of these twelve (12) members shall continue as now constituted, except that one (1) of the five (5) current appointed members whose term is scheduled to expire on December 31, 1998, shall be selected by the city council for an initial term to expire on December 31, 1999. Otherwise, the terms of the existing members shall expire at such time as they would have expired had this article not been adopted. Except in the case of a resignation or removal, members shall hold office until their successors are appointed. (d) Dismissals. The city council may remove any member of the Vision 2000/Vision 2020 Community Relations Council for misconduct or neglect of duty. (e) Vacancies. Any vacancy in a membership shall be filled for the unexpired term by city council appointment. 7 (f) Compensation. No 2000/Vision 2020 Community receive compensation for his member of the Vision Relations Council shall or her service. (g) Officers and committees. The original members of the Vision 2000/Vision 2020 Community Relations Council shall meet within thirty (30) days of their appointment hereunder and organize themselves by the election of one (1) of their number as chairman, another as vice-chairman, and another as secretary, and by the election of such other officers as they may deem necessary. Thereafter, new elections among the members of the advisory board for all officer positions shall occur annually during the month of January. The chairman, vice- chairman and secretary of the advisory board shall function as an executive committee, and the members of the advisory board may create such other committees, of both members and nonmembers, as they deem necessary. (h) Meetings. All decisions or actions of the Vision 2000/Vision 2020 Community Relations Council shall be made by a majority vote of those members present and voting at a meeting where a quorum exists. The advisory committee shall have regular monthly meetings and such special meetings as are called by the chairman or a majority of the membership. (i) Powers and duties. The Vision 2000/Vision 2020 Community Relations Council is empowered to develop a strategic plan for the City of Cape Girardeau, Missouri, of community visions and goals which they would like to have accomplished by the year 2000 and by the year 2020. They are also empowered to solicit public input and appoint subcommittees of members and nonmembers to assist in the development of these strategic plans. They will present those strategic plans to the city council for its approval, along with any periodic updates to those plans they feel are necessary, monitor progress of those objectives, and, when authorized by the city council, participate in achieving the goals of the plans through fundraising and other volunteer activities. (j) Budget. The Vision 2000/Vision 2020 Community Relations Council shall submit a proposed line item budget for the annual activities of the Vision 2000/Vision 2020 Community Relations Council to the city manager not later than April 1st of each year. The advisory board may submit along with the budget written recommendations, including methods of accomplishing the goals of the strategic plans by the procurement of services through contractual relations, and otherwise. The city manager shall forward these recommendations 8 along with his comments and recommendations to the city council. (k) Annual report. The Vision 2000/Vision 2020 Community Relations Council shall be required to submit an annual report of its activities to the city council by April 1st of each year. is hereby repaI� in its entirety, and a new Section 2-144 entitled "Vision 2000/Vision 2020 Community Relations Council", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 2-144. Vision 2000/Vision 2020 Community Relations Council. (a) Name/establishment. There is hereby established an advisory committee which shall be named the "Vision 2000 Community Relations Council". On January 1, 2001, however, the name of this advisory committee shall automatically change to the "Vision 2020 Community Relations Council". (b) Composition. The Vision 2000/Vision 2020 Community Relations Council shall consist of twelve (12) citizen members, appointed by the city council, and four (4) ex -officio members. The four (4) ex -officio members shall be the city manager or his designee, the president of the Cape Girardeau Chamber of Commerce, the director of the Small Business Development Center, and a representative of the city council chosen by its members. Both the appointed members and the ex -officio members will be voting members of this advisory committee. (c) Term of office. The term of office of the appointed members of the Vision 2000/Vision 2020 Community Relations Council shall be as follows: All present terms shall expire on December 31, 2000. Thereafter, the City Council shall appoint all twelve (12) members for new terms as follows: four (4) members for one (1) year, four (4) members for two (2) years, and four (4) members for three (3) years. Then, except as otherwise provided in Section 2-98, as the term of each member expires, new members shall be appointed for terms of three (3) years, beginning on the first day of January. (d) Officers and committees. The Vision 2000/Vision 2020 Community Relations Council shall meet annually during the month of January to elect officers. The chairman, vice-chairman and secretary of the advisory board shall function as an executive committee, and the members of the advisory board may create such other 4 committees, of both members and nonmembers, as they deem necessary. (e) Meetings. The Visi4 Relations Council shall have such special meetings as are majority of the membership. in 2000/Vision 2020 Community regular monthly meetings and called by the chairman or a (f) Powers and duties. The Vision 2000/Vision 2020 Community Relations Council is empowered to develop a strategic plan for the City of Cape Girardeau, Missouri, of community visions and goals which they would like to have accomplished by the year 2000 and by the year 2020. They are also empowered to solicit public input and appoint subcommittees of members and nonmembers to assist in the development of these strategic plans. They will present those strategic plans to the city council for its approval, along with any periodic updates to those plans they feel are necessary, monitor progress of those objectives, and, when authorized by the city council, participate in achieving the goals of the plans through fundraising and other volunteer activities. (g) Budget. The Vision 2000/Vision 2020 Community Relations Council shall submit a proposed line item budget for the annual activities of the Vision 2000/Vision 2020 Community Relations Council to the city manager not later than February 1st of each year. The advisory board may submit along with the budget written recommendations, including methods of accomplishing the goals of the strategic plans by the procurement of services through contractual relations, and otherwise. The city manager shall forward these recommendations along with his comments and recommendations to the city council. (h) Annual report. The Vision 2000/Vision 2020 Community Relations Council shall be required to submit an annual report of its activities to the city council by April 1st of each year. ARTICLE 5. Section 8 entitled "Advisory Commission" and Section 9 entitled "Duties of Advisory Commission", of Ordinance No. 94, passed and adopted August 17, 1983, entitled "AN ORDINANCE ESTABLISHING A SPECIAL BUSINESS DISTRICT IN THE CITY OF CAPE GIRARDEAU, MISSOURI; DESCRIBING THE BOUNDARIES OF SAID SPECIAL BUSINESS DISTRICT; SETTING FORTH ADDITIONAL TAXES WHICH MAY BE LEVIED AND COLLECTED WITHIN SAID SPECIAL BUSINESS DISTRICT; ESTABLISHING AN ADVISORY COMMISSION FOR THE SPECIAL BUSINESS DISTRICT AND THE POWERS AND DUTIES THEREOF; AND DETERMINING CERTAIN OTHER MATTERS WITH RESPECT TO THE ESTABLISHMENT OF SAID SPECIAL BUSINESS DISTRICT", are hereby amended, consolidated and Ji dt b rea by establishing a new Article IX of Chapter 2 of the Code of 10 Ordinances of the City of Cape Girardeau, Missouri, entitled "Special Business District Advisory Commission", in words and figures, to read as follows: ARTICLE I8. SPECIAL BUSINESS DISTRICT ADVISORY COMMISSION Sec. 2-145. Special Business Commission. (a) Establishment. The City sole discretion as to how the Business District Number 2 shall be of City Ordinances. To assist discretion, a Special Business Commission is hereby created. District Advisory Council shall have revenues of Special used within the scope in exercising this District Advisory (b) Membership. The Advisory Commission shall consist of five (5) members, chosen from individuals who own property or operate a municipally licensed business within the boundaries of the District, with reference to their fitness for such offices. No member of the municipal government shall be a member of the Advisory Commission. However, the City Manager shall be designated an ex officio member of said commission, and he shall be permitted to designate other city staff to serve in an ex officio capacity from time to time. (c) Term of Office. Except as otherwise provided by Section 2-98 of the City Code, the City Council shall appoint members of said Advisory Commission for terms of three (3) years beginning on the first day of July. All members' terms shall be staggered so that two (2) members' terms shall expire each year, but every third year only one (1) member's term shall expire. Sec. 2-146. Duties of Advisory Commission. The Advisory Commission has the responsibility of performing the primary administrative functions of the District. These functions include, but are not limited to, the following: (a) Officers and Committees. The Advisory Commission shall meet annually during the month of July to elect one of their number as Chairman, another as Vice Chairman, and yet another as Secretary -Treasurer, and by the election of such other officers as they may deem necessary. The Chairman, Vice Chairman and Secretary -Treasurer of the Advisory Commission shall function as an Executive Committee, and the members of the Advisory Commission may create such other committees as they deem necessary. 11 (b) By -Laws. The Advisory Commission shall make and adopt such By -Laws, rules and regulations for their own guidance and for the administration of the District as may be appropriate, but not inconsistent with the ordinances of the City of Cape Girardeau or the statutes of the State of Missouri. (c) Development Plan. The Advisory Commission shall be responsible for the development and maintenance of an overall plan of action for the District. This plan will be construed to be the major policy instrument of the District, and all expenditures and activities are to be reviewed in light of the plan. This plan shall be consistent with the Comprehensive Development Plan of the City. The Advisory Commission shall be required to hold at least one meeting a year, to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the District are actively encouraged to attend with the expressed purpose of reviewing and updating the plan. (d) Budget. The Advisory Commission shall be required to create and maintain a line -item budget for any existing revenue and the anticipated revenue of the District for the year following the date of the last -published budget. Said budget must be published annually and submitted to the City Council for approval by the first of February. Prior to the submittal of the budget to the City Council, the Advisory Commission shall be required to hold at least one meeting to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the district are actively encouraged to attend with the expressed purpose of reviewing the proposed budget. The Advisory Commission may make recommendations for the modification or elaboration of the budget to the City Council at any time. (e) Annual Report. The Advisory Commission shall be required to submit an annual report of its activities to the City Council by the first of April of each year. This report should inventory the projects undertaken by the District in the preceding year and their status, minutes of all meetings held by the Advisory Commission and any of its committees, relevant correspondence, a copy of the latest plan adopted for the District, a financial report of the District, a statement by the Executive Committee on the status of the effectiveness of the District, and such other items as may be deemed relevant by the Advisory Commission. upon receipt of the Annual Report, the City Council shall place the same on file with the City Manager and note that it is available for public inspection. 12 ARTICLE 6. Section 3-7 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Board of appeals; membership; term; qualifications; duties; rules and regulations", reading as follows: Sec. 3-7. Board of appeals; membership; term; qualifications; duties; rules and regulations. The mayor shall appoint a board of appeals to be composed of at least three (3) members who will serve as a body to which appeals may be made from the decisions of the fire chief or his designee. The members of this board shall serve for a period of one (1) year, without remuneration. They shall be citizens and taxpayers of the city and shall not have any interest in the sale or control of any smoke prevention equipment or apparatus which might be used effectively to reduce the emission of dense smoke. The board of appeals may prepare such rules and regulations as may be deemed necessary for them in the discharge of their duties. They shall decide all appeals properly before them, and shall either affirm, modify or overrule the decision of the fire chief or his designee which they may be called upon to review. On all appeals taken to the board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the bureau shall be made available to the board in each case. ishai. rd+reby of repeed in its entirety, and a new Section 3-7 entitled "Boappeals; membership; term; qualifications; duties; rules and regulations", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 3-7. Board of appeals; membership; term; qualifications; duties; rules and regulations. The mayor shall appoint a board of appeals to be composed of at least three (3) members who will serve as a body to which appeals may be made from the decisions of the fire chief or his designee. The members of this board shall not have any interest in the sale or control of any smoke prevention equipment or apparatus which might be used effectively to reduce the emission of dense smoke. They shall decide all appeals properly before them, and shall either affirm, modify or overrule the decision of the fire chief or his designee which they may be called upon to review. On all appeals taken to the board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the bureau shall be made available to the board in each case. 13 ARTICLE 7. Section 4-2 entitled "Qualifications of board members; terms; removal; vacancy" and Section 4-4 entitled "Board officers; term", of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 4-2. Qualifications of board members; terms; removal; vacancy. (a) Qualifications. Two (2) members of the airport board may be residents of Cape Girardeau, Scott, Bollinger, or Perry County. The remaining members must be residents of the City of Cape Girardeau. (b) Terms. The city council shall appoint by formal motion and majority action nine (9) members of the airport board. Two (2) members shall serve for a term expiring April 30, 1996; three (3) members shall serve for a term expiring April 30, 1997; three (3) members shall serve for a term expiring April 30, 1998; and one (1) member shall serve for a term expiring April 30, 1999. This board was previously constituted with a membership of seven (7) and, on the effective date of this article, seven (7) citizens are currently serving three-year terms on the Cape Girardeau Airport Board. The terms of these seven (7) members shall continue as now constituted and will expire at such time as they would have expired had this article not been amended. As the term of a member expires, the council shall appoint a successor for a term of three (3) years, beginning the first day of May of the expiration year; except as provided below. (c) Removal. A member of the airport board may be removed at any time, with or without cause, by the affirmative vote of four (4) members of the city council. (d) Vacancy. If a vacancy occurs on the airport board, the council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. Sec. 4-4. Board officers; term. The airport board shall meet each year in May and elect a chairman, vice-chairman, and a secretary to serve a term of one (1) year. An officer may be reelected to successive terms as a board officer. are hereby repealed in their entirety, a new Sections 4-2 and 4-4 are hereby enacted in lieu thereof, in words and figures, to read as follows: 14 Sec. 4-2. Qualifications of board members; terms. (a) Qualifications. Two (2) members of the airport board may be residents of Cape Girardeau, Scott, Bollinger, or Perry County. The remaining members must be residents of the City of Cape Girardeau. (b) Terms. The city council shall appoint by formal motion and majority action nine (9) members of the airport board. Except as otherwise provided in Section 2-98, members of the airport board shall serve for terms of three (3) years beginning on the first day of May. All members' terms shall be staggered so that three (3) members' terms shall expire each year. Sec. 4-4. Board officers; term. The airport board shall meet each year in May and elect officers. An officer may be reelected to successive terms as a board officer. ARTICLE 8. Section 7-28 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same --Amendments", reading as follows: Sec. 7-28. Same --Amendments. The BOCA National Building Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the building code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code." (2) Section 104.2 is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (3) Section 116.4, Violation Penalties, is hereby modified, changed and amended to read as follows: "The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not 15 exceeding three (3) months, or by both such fine and imprisonment." (4) Section 117.2, Unlawful Continuance, is hereby modified, changed and amended to read as follows: "The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment." (5) Section 121.2. is hereby modified, changed and amended to read as follows: "Qualification: The board of appeals shall consist of seven (7) members for terms of five (5) years. This board was previously constituted with a regular membership of five (5), and, on the effective date of this article, five (5) citizens are currently serving five-year terms on the board of appeals. The terms of these five (5) regular members shall continue as now constituted and will expire at such time as they would have expired has this article not been amended. Two (2) additional members to serve terms of five (5) years each shall be appointed by formal motion and majority action of the chief appointing authority. On the effective date of this article, an alternate member is currently serving a five-year term on the board of appeals. That one (1) alternate member shall be one (1) of the two (2) new regular members set out herein and his term shall continue as now constituted and will expire at such time as it would have expired has this article not been amended. Thereafter, each new member shall serve for five (5) years or until a successor has been appointed." (6) Section 121.2.1 --The first paragraph is hereby modified, changed and amended to read as follows: "Qualification: The board of appeals shall consist of seven (7) individuals who shall be residents of the city, not more than two (2) from each of the following professions or disciplines." (7) Section 121.2.2 is hereby modified, changed and amended to read as follows: 16 rn "Alternate members: The chief appointing authority may appoint two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five (5) years or until a successor has been appointed. (8) Section 121.5, Postponed Hearing, is hereby modified, changed and amended to read as follows: "Postponed Hearing. When a full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing." (9) Section 121.6. Board Decision is hereby modified, changed and amended to read as follows: "Board Decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of the members present." (10) Exemption from section 1612.1, "Earthquake Load, Single -Family Residence and Single -Story Duplexes," are hereby exempted from the requirements of section 1612.1, "Earthquake Loads." (11) Section 1010.4, Emergency Escape and rescue, is hereby modified, changed and amended by adding the following: "The unit shall be operable from the inside without the use of special knowledge, separate tools or force greater than that which is required for normal operation of the window." (12) Section 3102.15 (Bonds and Liability Insurance) is hereby modified, changed and amended to read as follows: "Filing. A person shall not erect, install, remove, rehang or maintain over public property any sign for which a permit is required under the provisions of this Code until an approved bond shall have been filed 17 in the sum of one million dollars ($1,000,000.00) as herein required or until an insurance policy shall have been filed for public liability in the amount of one million dollars ($1,000,000.00) per accident and for property damage in the amount of one hundred thousand dollars ($100,000.00) as herein required." (13) Section 3102.15.1, Signs, General, is hereby created to read as follows: "Conditions. Such bond or insurance policy shall protect and hold the jurisdiction harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agent, or by any reason of defects in the construction, or damages resulting from the collapse, failure or combustion of the sign or parts thereof." (14) Section 3102.15.2, Signs, General, is hereby created to read as follows: "Notice of Cancellation. The obligation herein specified shall remain in force and in effect during the life of every sign and shall not be canceled by the principal or surety until after a thirty (30) day notice to the code official." (15) Section 3401.2 is hereby modified, changed and amended to read as follows: "Maintenance and Repairs. The owner shall be responsible for the maintenance and repair of structures in accordance with the maintenance requirements of this code, the Cape Girardeau Minimum Property Standards and the Fire Prevention Code listed in Chapter 35." (16) Section 3401.4 is hereby modified, changed and amended to read as follows: "Periodic testing. The owner shall be responsible for periodic tests and inspections of all equipment where required by this code, the Cape Girardeau Minimum Property Standards and the Fire Prevention Code listed in Chapter 35." 18 (17) Section 3408.2, Compliance Alternatives, Applicability, is hereby modified, changed and amended to read as follows: "Structures existing prior to October 31, 1996, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements if this section or the provisions of Section 3403.0 through 340007-0. The provisions in Section 3408.2.1 through 3408.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, R and S. These provisions shall not apply to buildings with occupancies in Use Group H or I." (18) Section 920.3.2 is hereby modified, changed and amended to read as follows: "Use Groups R-2 and R-3: Single- or multiple - station smoke detectors shall be installed and maintained in all occupancies in Use Groups R- 2 and R-3 at the following locations: 1. In the immediate vicinity of bedrooms; 2. In all bedrooms, in Use Groups R-2, and; 3. In each story within a dwelling unit, including basements." is--weby r pealed in its entirety, and a new Section 7-27 entitled "Same --Amendments" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 7-28. Same --Amendments. The BOCA National Building Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the building code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code." (2) Section 104.2 is hereby modified, changed and amended to read as follows: 19 "Appointment. The code official shall be appointed by the city manager." (3) Section 116.4, Violation Penalties, is hereby modified, changed and amended to read as follows: "The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment." (4) Section 117.2, Unlawful Continuance, is hereby modified, changed and amended to read as follows: "The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment." (5) Section 121.2. is hereby modified, changed and amended to read as follows: "Membership of Board: Except as otherwise provided in Section 2-98 of the City Code, the Board of Appeals shall consist of seven (7) members for terms of five (5) years. All members' terms shall be staggered so that one (1) member's term shall expire each year, but every third and fifth year two (2) members' terms shall expire." (6) Section 121.2.1 --The first paragraph is hereby modified, changed and amended to read as follows: "Qualification: The board of appeals shall consist of seven (7) individuals, not more than two (2) from each of the following professions or disciplines." (7) Section 121.2.2 is hereby modified, changed and amended to read as follows: "Alternate members: The chief appointing authority may appoint two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications 20 required for board membership, and shall be appointed for five (5) years. The alternate members' terms shall be staggered so that each alternate member's term expires on a year when only one (1) regular member's term expires. Thus, no more than two (2) members' terms shall expire in any given year. (8) Section 121.2.3, and a new "Officers", is follows: "Officers. The annually during officers." Chairman, is hereby deleted, Section 121.2.3 entitled, hereby adopted to read as Board of Appeals shall meet the month of June to elect (9) Section 121.5, Postponed Hearing, is hereby modified, changed and amended to read as follows: "Postponed Hearing. When a full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing." (10) Section 121.6. Board Decision is hereby modified, changed and amended to read as follows: "Board Decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of the members present at a meeting where a quorum exists." (11) Exemption from section 1610.1, "Earthquake Load, Single -Family Residence and Single -Story Duplexes," are hereby exempted from the requirements of section 1610.1, "Earthquake Loads." (12) Section 1010.4, Emergency Escape and rescue, is hereby modified, changed and amended by adding the following: "The unit shall be operable from the inside without the use of special knowledge, separate tools or force greater than that which is required for normal operation of the window." 21 (13) Section 3102.15 (Bonds and Liability Insurance) is hereby modified, changed and amended to read as follows: "Filing. A person shall not erect, install, remove, rehang or maintain over public property any sign for which a permit is required under the provisions of this Code until an approved bond shall have been filed in the sum of one million dollars ($1,000,000.00) as herein required or until an insurance policy shall have been filed for public liability in the amount of one million dollars ($1,000,000.00) per accident and for property damage in the amount of one hundred thousand dollars ($100,000.00) as herein required." (14) Section 3102.15.1, Signs, General, is hereby created to read as follows: "Conditions. Such bond or insurance policy shall protect and hold the jurisdiction harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agent, or by any reason of defects in the construction, or damages resulting from the collapse, failure or combustion of the sign or parts thereof." (15) Section 3102.15.2, Signs, General, is hereby created to read as follows: "Notice of Cancellation. The obligation herein specified shall remain in force and in effect during the life of every sign and shall not be canceled by the principal or surety until after a thirty (30) day notice to the code official." (16) Section 3401.2 is hereby modified, changed and amended to read as follows: "Maintenance and Repairs. The owner shall be responsible for the maintenance and repair of structures in accordance with the maintenance requirements of this code, the Cape Girardeau Minimum Property Standards and the Fire Prevention Code listed in Chapter 35." (17) Section 3401.4 is hereby modified, changed and amended to read as follows: 22 "Periodic testing. The owner shall be responsible for periodic tests and inspections of all equipment where required by this code, the Cape Girardeau Minimum Property Standards and the Fire Prevention Code listed in Chapter 35." (18) Section 3408.2, Compliance Alternatives, Applicability, is hereby modified, changed and amended to read as follows: "Structures existing prior to October 31, 1996, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements if this section or the provisions of Section 3403.0 through 340007-0. The provisions in Section 3408.2.1 through 3408.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, R and S. These provisions shall not apply to buildings with occupancies in Use Group H or I." (19) Section 920.3.2 is hereby modified, changed and amended to read as follows: "Use Groups R-2 and R-3: Single- or multiple - station smoke detectors shall be installed and maintained in all occupancies in Use Groups R- 2 and R-3 at the following locations: 1. In the immediate vicinity of bedrooms; 2. In all bedrooms, in Use Groups R-2, and; 3. In each story within a dwelling unit, including basements." ARTICLE 9. Section 8-5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Cable television advisory committee", reading as follows: Sec. 8-5. Cable television advisory committee. (a) Composition. The cable television advisory committee shall consist of eleven (11) members, the members to be residents of the city, 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 cable television and telecommunications. 23 (b) Terms. The term of office of the members of the cable television advisory committee shall be for three (3) years, excepting that the membership of the first committee appointed under this section shall serve for the following terms: three (3) for one (1) year; four (4) for two (2) years; and four (4) for three (3) years. This committee was previously constituted with a regular membership of nine (9), and, on the effective date of this article, those nine (9) citizens are currently serving indefinite terms on this committee. If they desire to continue to serve on this committee, the current members shall be appointed to the terms set out in this section. As the term of a member expires, the council shall appoint a successor for a term of three (3) years, except as provided below. (c) Removal. The members of the cable television advisory committee may be removed by a majority vote of the city council. (d) Officers. The committee shall elect a chairman, vice-chairman, and a secretary to serve a term of one (1) year each. The committee shall then meet annually during the month of January of each year to elect a chairman, vice-chairman and secretary to serve a term of one (1) year. The names of the new officers shall be reported to the city council within fifteen (15) days after the election. (e) Meetings. All decisions or actions of the committee shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. The committee shall have regular monthly meetings and such special meetings as are called by the chairman or a majority of the membership. (f) Powers and duties. The cable television advisory committee is empowered to assist the city in developing a bid package to be used in locating a third party contractor which will oversee the operations of the channel to be used for public, educational and governmental (PEG) programming. The committee shall review the performance of all cable television franchisees with the city, and make reports and recommendations to the city council regarding its findings. The committee will also assist the public information assistant/public awareness coordinator and the public awareness advisory board in coordinating and developing public use of the PEG channel. (g) Compensation. No member of the cable television advisory committee shall receive compensation for his service. 24 is hi�reby. '**`** sd in its entirety, and a new Section 8-5 entitled "Cable television advisory committee", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 8-5. Cable television advisory committee. (a) Composition. The cable television advisory committee shall consist of eleven (11) 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 cable television and telecommunications. (b) Terms. Except as otherwise provided by Section 2-98, the term of office of the members of the cable television advisory committee shall be for three (3) years, beginning on the twenty-first day of February. All members' terms shall be staggered so that four (4) members' terms shall expire each year, but every third year only three (3) members' terms shall expire. (c) Officers. The committee shall meet annually during the month of January of each year to elect officers. (d) Meetings. The committee shall have regular monthly meetings and such special meetings as are called by the chairman or a majority of the membership. (e) Powers and duties. The cable television advisory committee is empowered to assist the city in developing a bid package to be used in locating a third party contractor which will oversee the operations of the channel to be used for public, educational and governmental (PEG) programming. The committee shall review the performance of all cable television franchisees with the city, and make reports and recommendations to the city council regarding its findings. The committee will also assist the public information officer/public awareness coordinator and the public awareness advisory board in coordinating and developing public use of the PEG channel. ARTICLE 10. Section 15-404 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Convention and visitors advisory board", reading as follows: Sec. 15-404. Convention and visitors advisory board. (a) Board established. Expenditures from the convention and visitors fund shall be made at the sole discretion of the city council. To assist in exercising 25 this discretion a convention and visitors advisory board is hereby established. (b) Membership. The convention and visitors advisory board shall consist of nine (9) members who shall be a resident of the city, appointed by the city council, with at least three (3) members to be from the hotel/motel/restaurant industry. In addition, the city manager shall serve as a nonvoting ex officio member. The city manager may designate other city staff to serve in his place as ex officio member. The duly elected president of the Cape Girardeau Chamber of Commerce shall also serve as a nonvoting ex officio member. (c) Term of office. The term of office of the appointed members of the convention and visitors advisory board shall be as follows: Three (3) members shall serve for a term expiring January 1, 1997; three (3) members shall serve for a term expiring January 1, 1998; and three (3) members shall serve for a term expiring January 1, 1999. As the term of a member expires, the council shall appoint a successor for a term of three (3) years, beginning the second day of January of the expiration year; except as provided below. This board was previously constituted with a membership of seven (7) and, on the effective date of this article, seven (7) citizens are currently serving three-year terms on the convention and visitors advisory board. The terms of these seven (7) members shall continue as now constituted and will expire at such time as now constituted and will expire at such time as they would have expired has this article not been amended. Except in the case of a resignation or removal, members shall hold office until their successors are appointed. (d) Dismissals. The city council may remove any member of the convention and visitors advisory board for misconduct or neglect of duty. (e) Vacancies. Any vacancy in a membership shall be filled for the unexpired term by city council appointment. (f) Compensation. No member of the board shall receive compensation for his service. (g) Officers and committees. The original members of the convention and visitors advisory board shall meet within thirty (30) days of their appointment and organize themselves by the election of one (1) of their number as chairman, another as vice-chairman and another as secretary, and by the election of such other officers as they may deem necessary. Thereafter, new elections among the members of the advisory board for all officer positions shall occur annually during the month of January. The chairman, vice-chairman and secretary of the advisory board shall function as an executive committee, and the members of the advisory board may create such other committees as they deem necessary. (h) Bylaws, rules and regulations. The advisory board shall make and adopt such bylaws, rules and regulations for their own guidance and for the administration of the board as they may deem appropriate, but not inconsistent with the ordinances of the city or the statutes of the state. (i) Budget. The convention and visitors advisory board shall submit a proposed line item budget for the convention and tourism fund to the city manager no later than April first of each year. The advisory board may submit along with the budget written recommendations including methods of promoting tourism and conventions such as employment of personnel and procurement of services through contractual relations. The city manager shall forward these recommendations along with his comments and recommendations to the city council. (j) Annual report. The advisory board shall be required to submit an annual report of its activities to the city council by April first of each year. is hereby 'repeaied in its entirety, and a new Section 15-404 entitled "Convention and visitors advisory board", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-404. convention and visitors advisory board. (a) Board established. Expenditures from the convention and visitors fund shall be made at the sole discretion of the city council. To assist in exercising this discretion a convention and visitors advisory board is hereby established. (b) Membership. The convention and visitors advisory board shall consist of nine (9) members, appointed by the city council, with at least three (3) members to be from the hotel/motel/restaurant industry. In addition, the city manager shall serve as a nonvoting ex officio member. The city manager may designate other city staff to serve in his place as ex officio member. The duly elected president of the Cape Girardeau Chamber of Commerce shall also serve as a nonvoting ex officio member. (c) Term of office. Except as otherwise provided in Section 2-98, the term of office of the appointed members of the convention and visitors advisory board 27 shall be three (3) years beginning on the second day of January. All members' terms shall be staggered so that three (3) members' terms shall expire each year. (d) Officers and committees. The convention and visitors advisory board shall meet annually during the month of January to elect officers. The chairman, vice- chairman and secretary of the advisory board shall function as an executive committee, and the members of the advisory board may create such other committees as they deem necessary. (e) Budget. The convention and visitors advisory board shall submit a proposed line item budget for the convention and tourism fund to the city manager no later than February first of each year. The advisory board may submit along with the budget written recommendations including methods of promoting tourism and conventions such as employment of personnel and procurement of services through contractual relations. The city manager shall forward these recommendations along with his comments and recommendations to the city council. (f) Annual report. The advisory board shall be required to submit an annual report of its activities to the city council by April first of each year. ARTICLE 11. Section 15-426 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Board of examiners", reading as follows: Sec. 15-426. Board of examiners. (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners, who shall be a resident of the City, by formal motion and majority action for terms of three (3) years. This board was previously constituted with a membership of five (5), and, on the effective date of this article, five (5) citizens are currently serving three-year terms on the board of examiners. The terms of these five (5) members shall continue as now constituted and will expire at such time as they would have expired has this article not been amended. Three (3) additional members to serve terms of five (5) years each shall be appointed by formal notion and majority action of the city council. On the effective date of this article, two (2) alternate members are currently serving three-year terms on the board of examiners. Those two (2) alternate 28 A 14 members shall be two (2) of the three (3) new regular members set out herein, and their terms shall continue as now constituted herein, and their terms shall continue as now constituted and will expire at such time as they would have expired has this article not been amended. Thereafter, as the term of each member expires, the city council shall appoint a successor for a term of three (3) years. Four (4) of the eight (8) members of the board shall have at least six (6) years practical experience in one (1) of the construction trades, and be licensed hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades, but all members must be residents of the City Cape Girardeau, Missouri. (c) Removal. The members of the board of examiners may be removed by a majority vote of the city council. (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied 29 as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors and plumbing fixture installers. I.IerO.. xepe4led in its entirety, and a new Section 15-426 entitled "Board of examiners", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-426. Board of examiners. (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority action. Except as otherwise provided in Section 2-98, members of the Board of Examiners shall serve for terms of three (3) years. All members' terms shall be staggered so that three (3) members' terms expire each year, but every third year only two (2) members' terms shall expire. Four (4) of the eight (8) members of the board shall have at least six (6) years practical experience in one (1) of the construction trades, and be licensed hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. 30 One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. (c) Officers. The Board of Examiners shall meet annually during the month of January to elect officers. (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors and plumbing fixture installers. ARTICLE 12. section 18-27 entitled "Qualifications of members; terms; ex officio member; tenure; vacancy" and Section 18- 29 entitled "Officers", of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: 31 Sec. 18-27. Qualifications of members; terms; ex officio member; tenure; vacancy. (a) A person appointed to the park and recreation advisory board shall be a taxpayer, qualified voter and resident of the city. (b) The city council shall appoint by formal motion and majority action eleven (11) members of the park and recreation advisory board. Four (4) members shall serve for a term expiring October 29, 1998; four (4) members shall serve for a term expiring October 29, 1997; and three (3) members shall serve for a term expiring October 29, 1996. As the term of a member expires, the council shall appoint a successor for a term of three (3) years, beginning the thirtieth day of October of the expiration year; except as provided below. This board was previously constituted with a membership of nine (9) and, on the effective date of this article, nine (9) citizens are currently serving three-year terms on the park and recreation advisory board. The terms of these nine (9) members shall continue as now constituted and will expire at such time as they would have expired has this article not been amended. (c) The mayor or a councilman designated by the mayor shall serve as an ex officio member of the park and recreation advisory board and shall maintain liaison with the city council and the city manager, but shall not have a vote in the decision of the board. (d) Members of the park and recreation advisory board shall serve at the pleasure of the city council. (e) If a vacancy occurs on the park and recreation advisory board, the city council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. Sec. 18-29. Officers. The park and recreation advisory board shall elect a chairman, a vice-chairman and a secretary to serve a term of one (1) year each. The board shall then meet annually between the first day of October and the fifteenth day of October to elect a chairman, vice- chairman and secretary to serve a term of one (1) year. The names of new officers shall be reported to the city council within fifteen (15) days after the election. . . . . . ............................................................................................. are hereb repealed in their entirety, and a new Section 18-27 entitled "Membership; terms; ex officio member" and a new Section 18-29 entitled "Officers", are hereby enacted in lieu thereof, in words and figures, to read as follows: 32 P , . Sec. 18-27. Membership; terms; ex officio member. (a) The city council shall appoint by formal motion and majority action eleven (11) members of the park and recreation advisory board. Except as otherwise provided in Section 2-98, members of the park and recreation advisory board shall serve for terms of three (3) years, beginning on the thirtieth day of October. All members' terms shall be staggered so that four (4) members' terms shall expire each year, but every third year only three (3) members' terms shall expire. (b) The mayor or a councilman designated by the mayor shall serve as an ex officio member of the park and recreation advisory board and shall maintain liaison with the city council and the city manager, but shall not have a vote in the decision of the board. Sec. 18-29. Officers. The parks and recreation advisory board shall meet annually during the month of October to elect officers. ARTICLE 13. Section 18-53 entitled "Qualifications of members; terms; ex officio members; tenure; vacancy" and Section 18-55 entitled "Officers", of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 18-53. Qualifications of members; terms; ex officio members; tenure; vacancy. (a) A person appointed to the municipal golf course board shall be a taxpayer, qualified voter and resident of the city. One (1) member of the municipal golf course advisory board shall be a member of Cape Jaycees and designated by that organization as its representative on the golf course advisory board. (b) The city council shall appoint the nine (9) members of the municipal golf course board by formal motion and majority action for terms of three (3) years. This board was previously constituted with a membership of seven (7) and, on the effective date of this article, seven (7) citizens are currently serving three-year terms on the municipal golf course board. The terms of these seven (7) members shall continue as now constituted and will expire at such time as they would have expired had this article not been amended. Two (2) additional members to serve terms of three (3) years each shall be appointed by formal motion and majority action of the city council, such terms to commence on the effective date of this article. As the term of any member expires, 33 the city council shall appoint a successor for a term of three (3) years. (c) The mayor or a councilman designated by the mayor shall serve as an ex officio member of the municipal golf course board and shall maintain liaison with the city council and city manager, but shall not have a vote in the decisions of the board. (d) Members of the municipal golf course board shall serve at the pleasure of the city council. (e) If a vacancy occurs on the municipal golf course board, the city council shall fill the vacancy by appointing a new member to serve the balance of the unexpired term. Sec. 18-55. Officers. The board shall elect a chairman, a vice-chairman and a secretary to serve a term of one (1) year each. The board shall then meet annually between the first day of November and the fifteenth day of November to elect a chairman, vice-chairman and secretary to serve a term of one (1) year. The names of the new officers shall be reported to the city council within fifteen (15) days after the election. are,MXe.re y repeal d in their entirety, and a new Section 18-53 entitled "Qualifications of members; terms; ex officio members" and a new Section 18-55 entitled "Officers", are hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 18-53. Qualifications of members; terms; ex officio members. (a) One (1) member of the municipal golf course advisory board shall be a member of Cape Jaycees and designated by that organization as its representative on the municipal golf course advisory board. (b) The city council shall appoint the nine (9) members of the municipal golf course advisory board by formal motion and majority action. Except as otherwise provided in Section 2-98, members of the municipal golf course advisory board shall serve for terms of three (3) years. (c) The mayor or a councilman designated by the mayor shall serve as an ex officio member of the municipal golf course advisory board and shall maintain liaison with the city council and city manager, but shall not have a vote in the decisions of the board. 34 See. 18-55. Officers. The board shall meet annually during the month of November to elect officers. ARTICLE 14. Sections 30-61(a) and (b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Created; composition; term, removal of members; filling of vacancies; rules, quorum, meetings, records; appeals; powers", reading as follows: See. 30-61. Created; composition; term, removal of members; filling of vacancies; rules, quorum, meetings, records; appeals; powers. (a) A board of adjustment is hereby created. The board shall consist of five (5) members, who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council, each to be appointed for a term of five (5) years, excepting that when the board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year. Three (3) alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. These alternate members shall also be appointed for a term of five (5) years each. Members shall be removable for cause by the mayor and city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (b) The board of adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Each session of the board of adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations. a�'e here'W11 !repealed in their entirety, and new Sections 30-61(a) and (b) entitled Created; composition; term, removal of members; 35 rules, quorum, officers, meetings, records; appeals; powers", are hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-61. Created; composition; term, removal of members; rules, quorum, officers, meetings, records; appeals; powers. (a) A board of adjustment is hereby created. The board shall consist of five (5) members, who shall be freeholders, appointed by the mayor and approved by the city council. Except as otherwise provided in Section 2- 98, members of the board of adjustment shall serve for terms of five (5) years, beginning on the seventh day of March. All members' terms shall be staggered so that one member's term shall expire each year. Three (3) alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. Except as otherwise provided in Section 2-98, these alternate members shall also be appointed for a term of five (5) years each, beginning on the fifth day of September. All alternate members' terms shall begin and end on the same date. Any regular or alternate members shall be removable for cause by the mayor and city council upon written charges and after public hearing. (b) The board of adjustment shall adopt rules for the conduct of its business, and keep a public record of all findings and decisions. The Board of Adjustment shall meet annually in the month of April to elect officers. Meetings of the board shall also be held at the call of the chairman and at such other times as the board may determine. Each session of the board of adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations. ARTICLE 15. section 30-87 entitled "Created; composition; appointment, term, qualifications and compensation of members", and Section 30-88 entitled "Officers, rules, records; employees, expenditures" of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: W Sec. 30-87. Created; composition; appointment, term, qualifications and compensation of members. (a) There is hereby created a planning and zoning commission which shall hereafter be referred to as "the commission." (b) The commission shall consist of eleven (11) citizens, who shall be a resident of the city, appointed and approved by the council. All members of the commission shall serve without compensation. Three (3) members shall serve for a term expiring November 1, 1996; three (3) members shall serve for a term expiring November 1, 1997; three (3) members shall serve for a term expiring November 1, 1998; and two (2) members shall serve for a term expiring November 1, 1999. As the term of a member expires, the council shall appoint a successor for a term of four (4) years, beginning the second day of November of the expiration year; except as provided below. This board was previously constituted with a membership of nine (9) and, on the effective date of this article, nine (9) citizens are currently serving four-year terms on the planning and zoning commission. The terms of these nine (9) members shall continue as now constituted and will expire at such time as they would have expired had this article not been amended. (c) Any vacancy in the membership shall be filled for the unexpired term by appointment as aforesaid. (d) The council may remove any citizen member for cause stated in writing and after public hearing. Sec. 30-88. Officers; rules, records; employees; expenditures. The commission shall elect annually, from its members, its own chairman, vice-chairman and secretary, and from time to time provide such rules and regulations, not inconsistent with the ordinances of the city or the laws of the state, for its own organization and procedure as it may deem proper, provided, however, its chairman shall be elected from the appointed citizen members. The commission shall hold regular meetings and special meetings as they provide by rule, and shall keep a record of its proceedings. These records shall be public records. The commission shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services that it requires. The expenditures of the commission shall be within the amounts appropriated for the purpose by the city council. MW is hereby -repealed in its entirety, and a new Section 30-87 entitled "Created; composition; appointment, term and qualifications of members", and a new Section 30-88 entitled "Officers, rules, records; employees, expenditures", are hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-87. Created; composition; appointment, term, and qualifications of members. (a) There is hereby created a planning and zoning commission which shall hereafter be referred to as "the commission." (b) The commission shall consist of eleven (11) citizens, appointed and approved by the council. Except as otherwise provided in Section 2-98, members of the planning and zoning commission shall serve for terms of four (4) years, beginning on the second day of November. All members' terms shall be staggered so that three (3) members' terms expire each year, but every fourth year only two (2) members' terms shall expire. (c) The council may remove any citizen member for cause stated in writing and after public hearing. Sec. 30-88. Officers; rules, records; employees; expenditures. The commission shall elect officers annually during the month of January, and from time to time provide such rules and regulations, not inconsistent with the ordinances of the city or the laws of the state, for its own organization and procedure as it may deem proper, provided, however, its chairman shall be elected from the appointed citizen members. The commission shall hold regular meetings and special meetings as they provide by rule, and shall keep a record of its proceedings. These records shall be public records. The commission shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services that it requires. The expenditures of the commission shall be within the amounts appropriated for the purpose by the city council. ARTICLE 16. section 30-117 entitled "Historic preservation commission" 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 eleven (11) 38 members, the members to be residents of the city, 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. The term of office of the appointed members of the preservation commission shall be as follows: Three (3) members shall serve for a term expiring April 16, 1996; four (4) members shall serve for a term expiring April 16, 1997; and four (4) members shall serve for a term expiring April 16, 1998. As the term of a member expires, the council shall appoint a successor for a term of three (3) years, beginning on the seventeenth day of April of the expiration year; except as provided below. Vacancies shall be filled within sixty (60) days and for the unexpired term only. A member may serve consecutive terms. This board was previously constituted with a membership of nine (9) and, on the effective date of this article, nine (9) citizens are currently serving three-year terms on the Cape Girardeau Historic Preservation Commission. The terms of these nine (9) members shall continue as now constituted and will expire at such time as they would have expired had this article not been amended. (c) Compensation. The members shall serve without compensation, but shall be reimbursed for expenses they incur while on commission business in accordance with standard city policies concerning reimbursement. (d) Officers, duties. Officers shall consist of a chairman, vice-chairman, and secretary elected by the preservation commission, who shall serve a term of one (1) year and 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. 39 (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. All decisions or actions of the preservation commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. 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. (f) Powers and duties. The preservation commission shall act in an advisory capacity to the city council in carrying out activities required by city ordinances relating to the administration of this article and 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. 40 (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 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. 41 6 4, (12) To adopt its own procedural regulations. (13) To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures. is: h' eby....repeaI d in its entirety, and a new Section 30-117 entitled "Historic preservation commission" 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 eleven (11) 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 four (4) members' terms shall expire each year, but every third year only three (3) members' terms shall expire. Vacancies shall be filled within sixty (60) days. (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 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. 42 (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 historic, preservation in public recommending program. public awareness of the value of architectural and cultural by developing and participating information programs and by the update of the preservation (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 43 r , 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 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. 44 ,Ak.. _•. ARTICLE 17. 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 18. 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 19. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ATTEST: f� C DAY OF , C)ODO A. M. Spradling, II Mayor Gayle LO -Conrad, City Clerk sr 45 a �N` -. r