§ 2-192. Kirksville Historic Preservation Commission.

(a)

Members. The Kirksville Historic Preservation Commission (KHPC) shall consist of five (5) members, residents of the City of Kirksville or the surrounding community, all of whom shall be appointed by the Mayor of Kirksville. In addition, a member of the city council and of the planning and zoning commission shall be appointed to serve as members. The commission will then consist of seven (7) total voting members. The council and zoning representatives shall vote but shall not hold office. All commission members must have a demonstrated interest, competence, or knowledge in historic preservation. To the extent available in the community the KHPC shall include professional members representing such disciplines as architecture, architectural history, prehistoric and historic archaeology, planning, urban design, cultural geography, cultural anthropology, folklore, curation, conservation, landscape architecture, law, real estate brokerage, banking, history or other fields related to historic preservation, and residents of historic districts or potential historic districts.

(b)

Terms. The terms of office of the members of the KHPC shall be for three (3) years, excepting that the membership of the first KHPC appointed shall serve respectively for terms of two (2) for one (1) year; two (2) for two (2) years; and three (3) for three (3) years. The city council and planning and zoning representatives will be appointed to three-year terms, with reappointment possible after that time, as long as the person continues to serve on the city council or planning and zoning commission. For these two (2) positions, the KHPC person must be a currently serving city council person or planning and zoning commission member, respectively. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. The KHPC shall hold at least four (4) meetings per year and any member of the KHPC who fails to attend at least fifty (50) percent of all meetings, regular and special, in any calendar year, shall thereby automatically vacate the membership.

(c)

Officers. Officers shall consist of a chairman and a vice-chairman elected by the KHPC who shall each serve a term of one (1) year and shall be eligible for re-election. The city council and planning and zoning commission representatives shall not be eligible for office. 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 Codes and Planning Director of the City of Kirksville will be appointed as a city staff representative member of the commission, but without voting privileges. Other members of the city staff may also be appointed members, but without voting privileges. The secretary of the KHPC shall be appointed by the Codes and Planning Department of the City of Kirksville and shall have the following duties:

(1)

Take minutes of each KHPC meeting;

(2)

Be responsible for publication and distribution of copies of the minutes, reports, and decisions to the members of the KHPC;

(3)

Give notice as provided herein by law for all public hearings conducted by the KHPC;

The Codes and Planning Director of the City of Kirksville shall have the following duties:

(1)

Prepare agendas for all meetings of the KHPC, provide information on the agenda items, and give them to the secretary for timely mailings to members and to the media.

(2)

Prepare reports and information on decisions made by the KHPC, and report same to the planning and zoning commission for their recommendations to the city council;

(3)

Advise the city manager of vacancies on the KHPC and expiring terms of members; and

(4)

Prepare reports and information on decisions made by the planning and zoning commission regarding KHPC actions to the Kirksville City Council on any matter requiring their consideration and decisions.

(d)

Meetings. A quorum shall consist of four (4) of the voting members. All decisions or actions of the KHPC 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 KHPC at the beginning of each calendar year or at any time upon the call of the chairman, but no less than once each quarter. Public notice of all meetings shall be posted in conformance with standard city policy and RSMO Section 610.020. No member of the KHPC shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the KHPC that could in any manner deprive or restrict the owner of property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the KHPC, as provided herein. All meetings of the KHPC shall be open to the public except as allowed by state law. The KHPC shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be public record. All KHPC rules of procedure, designation criteria, design guidelines, and forms shall be available to the public at the office of the city clerk or on the City of Kirksville's web site: www.kirksvillecity.com.

(e)

Funding. The city council shall annually appropriate funds, within the budget limitations, for the operation of the KHPC. The KHPC may, with the consent of the city council, 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.

(f)

Compensation. The members of the KHPC shall serve without compensation but shall be reimbursed for expenses they incur while on commission business.

(g)

Powers and duties. The KHPC shall have the following powers and duties:

(1)

To adopt any of its own by-laws and procedural regulations, if needed, provided that such regulations are consistent with this chapter and the Revised Statutes of the State of Missouri;

(2)

To conduct an ongoing survey for the identification of historically, archaeologically and architecturally significant properties, structures, sites, and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state or city; and to maintain the research information in an inventory accessible to the public (except for archaeological site locations, which shall be restricted);

(3)

To investigate and recommend, with the consent of the owner, to the planning and zoning commission and the city council the adoption of ordinances designating for protection properties or structures having special cultural, historic, archaeological, community or architectural value as "landmarks";

(4)

To investigate and recommend, with the consent of a majority of the owners, to the planning and zoning commission and the city council the adoption of ordinances designating for protection areas as having special cultural, historic, archaeological, community or architectural value as "historic districts";

(5)

To keep a register of all properties and structures which have been designated as landmarks or historic districts, including all information required for each designation;

(6)

To confer recognition upon the owners of landmarks and property or structures within historic districts by means of certificates, plaques, or markers;

(7)

To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

(8)

To encourage the nomination of landmarks and historic districts to the Kirksville Historic Register, and to the National Register of Historic Places, and to review and comment on any nominations to the National Register of Historic Places;

(9)

To inform and educate the citizens of the City of Kirksville concerning the historic, archaeological and architectural heritage of the city through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the city, the KHPC, or other appropriate parties;

(10)

To hold public hearings and to review applications for construction, alteration, removal or demolition affecting proposed or designated landmarks or structures within historic districts and issue or deny certificates of appropriateness for such actions. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions;

(11)

To hold public meetings on each proposed nomination of a landmark and of a historic district and on the guidelines developed for each nomination;

(12)

To request the building inspector to issue stop work orders for any construction, alteration, removal or demolition undertaken without a certificate of appropriateness or to stop work that violates the conditions of a certificate;

(13)

To review all applications for demolition permits for any commercial building, or any structure used as a residence, not to include trailer houses, within the corporate limits of the city, to determine impact to significant cultural resources, including those not yet nominated as landmarks (See section 2-202 for demolition procedures and process), or as contributing properties within an historic district;

(14)

To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied;

(15)

To develop specific design guidelines based on the Secretary of the Interior's Standards for Rehabilitation for the alteration, construction or removal of landmarks or property and structures within historic districts;

(16)

To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated landmarks or historic districts;

(17)

To administer on behalf of the City of Kirksville any property of historical significance that the City of Kirksville may have, or accept as a gift or otherwise, including full or partial interest in real property, including easements, upon approval by the city council;

(18)

To accept and administer on behalf of the City of Kirksville, upon approval of the city council, such gifts, grants, and money as may be appropriate for the purposes of this article. Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other functions for the purpose of carrying out the duties and powers of the KHPC and the purposes of this article;

(19)

To call upon available city staff members as well as other experts for technical advice;

(20)

To retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time;

(21)

To testify before all boards and commissions, including the planning and zoning commission and the board of adjustment, on any matter affecting historically, archaeologically, culturally and architecturally significant property, structures, sites and areas;

(22)

To make recommendations to the city council concerning budgetary appropriations to further the general purposes of this article;

(23)

Provide input into the development of a preservation component in the Master Plan of the City of Kirksville;

(24)

To periodically review the Kirksville Historic Preservation Zoning Ordinance and to recommend to the planning and zoning commission and the city council any amendments appropriate for the protection and continued use of landmarks or property, sites and structures within historic districts; and

(25)

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this article.

(Ord. No. 11857, § II, 2-23-2009)