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Legislation #: 991187 Introduction Date: 9/9/1999
Type: Ordinance Effective Date: 10/3/1999
Sponsor: COUNCILMEMBER XBARNES
Title: Amending miscellaneous provisions of the Code of Ordinances to provide for appointment of board members by the Mayor as provided in city charter section 11.

Legislation History
DateMinutesDescription
9/9/1999

Prepare to Introduce

9/9/1999

Referred Legislative, Rules and Ethics Committee

9/15/1999

Do Pass as a Committee Substitute

9/16/1999

Assigned to Third Read Calendar

9/23/1999

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991187

 

Amending miscellaneous provisions of the Code of Ordinances to provide for appointment of board members by the Mayor as provided in city charter section 11.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Code of Ordinances Sections 2-804, 2-851, 2-951, 2-952, 8-12, 18-11, 18-411, 19-11, 38-61, 76-46, and 76-312 are hereby repealed and reenacted in the form set out below in order to provide that board and commission members will be appointed by the Mayor as provided in Charter Section 11 as amended on May 14, 1998.

 

Sec. 2-804. Commission established; membership; officers.

 

(a) There is hereby created and established a commission to be known as the commission on industrial development. The commission shall be composed of 42 members, who shall be appointed by the mayor. Of the first commission established, 14 members shall be appointed for a term of three years, 14 members for a term of two years, and 14 members for a term of one year. The successors of the members so appointed shall each be appointed for a term of three years. The members of the commission shall serve without compensation and shall be subject to removal by the city council upon recommendation of the mayor. The following business concerns and agencies shall be requested each to nominate one of its members for the consideration of the mayor for appointment as a member of the commission: Kansas City Power and Light Company, the Gas Service Company, Southwestern Bell Telephone Company, Chamber of Commerce, Kansas City Terminal Railway Company, and the Highway Carriers' Association. In addition to appointed members, the members of the city council committee on industrial development shall be ex officio members. The commission shall select a chairman and three vice-chairmen from its members to serve at the pleasure of the commission. The commissioner of business and industrial development shall be the secretary and executive officer of and disbursing agent for the commission.

 

(b) Of the six additional members authorized to be appointed on the first commission, two shall be appointed for a term of three years, two for a term of two years, and two for a term of one year, their terms to coincide with the terms of the members of each such respective class already appointed to the commission.

 

 

Sec. 2-851. Establishment; membership.

 

The authorization for the creation of a Liberty Memorial Commission heretofore authorized is hereby renewed and confirmed, such commission to consist of three commissioners to be chosen from the board of governors of the Liberty Memorial Association and to be appointed by the mayor.

 


Sec.2-951. Establishment: membership; appointment of members.

 

That an environmental management commission is hereby established which shall be composed of 17 members appointed by the mayor.

 

 

Sec. 2-952. Chairman; term of office; vacancies.

 

(a) The mayor shall designate one member as chairman of the commission.

 

(b) Each member shall be a resident of the city and shall serve three-year terms beginning August 1 and until their successors are appointed and qualified. An appointment to fill a vacancy shall be similarly made, such appointee to serve the remainder of the term of the commissioner succeeded. The initial commission shall consist of the currently serving members of the existing environmental management commission who shall continue to serve until the expiration of their current terms.

 

 

Sec. 8-12. Air quality control board; appeals and variances.

 

(a) Air quality control board; composition and appointment. There is hereby established an air quality control board appointed by the mayor, which shall consist of seven members. At least six members shall be residents of Kansas City, Missouri. Members shall each serve for a term of three years beginning August 1. The initial board shall consist of current members of the existing board who shall continue to serve until the completion of their current respective terms. Vacancies shall be filled by the mayor.

 

The board shall appoint one of its members to serve as chairman.

 

The chief of the air quality section shall act as secretary to the board to administer its affairs and maintain its records, but shall have no vote.

 

A representative from the city attorney's office shall attend all meetings at which appeals or variances are considered.

 

(b) Powers and duties of the board. The board shall have the following powers and duties:

 

(1) To review any order or other decision issued by the director to enforce this Code upon its appeal and to sustain, reverse or modify the same;

 

(2) To deny or grant variances upon terms and conditions it deems appropriate;

 

(3) To continue hearings upon a showing of good cause for a reasonable period of time not to exceed 60 days;

 

(4) To grant extensions of time in which to comply with the provisions of this Code for good cause shown;

 

(5) To administer oaths and affirmations;

 

(6) To issue subpoenas compelling attendance of witnesses and production of evidence;

 

(7) To provide advice, guidance and assistance to the air quality program;

 

(8) To recommend or review comprehensive plans or suggest revisions of existing plans for the prevention, abatement and control of air pollution;

 

(9) To review suggestions or make recommendations for the development of a public information program; and

 

(10) To undertake whatever other advisory functions the board may consider appropriate or the director may request.

 

(c) Right to appeal.

 

(1) Any person adversely affected or otherwise aggrieved by an order or other decision issued by the director to enforce this article shall have the right to appeal that order or decision to the board. Such appeal must be taken within 15 days after the date of receipt of the order or decision appealed by filing with the director a written notice of appeal setting forth the grounds therefor and the specific matters or issues to be considered upon appeal. A fee of $50.00 payable to the city treasurer must accompany the notice of appeal. Upon receipt of a written notice of appeal and the appropriate fee, the director shall promptly transmit the notice and all papers constituting the record upon which the order or decision appealed from was based to the board. All or a portion of this filing fee may be waived by the director for good cause shown.

 

(2) Except in emergencies as set out in section 8-17, an appeal to the board stays enforcement of the order or decision being appealed.

 

(3) Failure of a person entitled to appeal to do so, or to timely file his/her notice of appeal, shall constitute a waiver of his right to an administrative hearing; and such person shall be estopped to deny the validity of the order or decision which could have been timely appealed.

 

(4) An appeal shall be set for a hearing not less than 30 days after the proper filing of the notice of appeal, unless continued by the board.

 

(5) Subject to the provisions of section 8-13 hereof, all hearings held by the board shall be open to the public, and all testimony taken shall be under oath and recorded stenographically. The board may require the submission of voluminous, detailed or technical testimony in writing under oath. A transcript of the testimony so recorded shall be made available to any member of the public or to any participant in such hearing upon payment of reasonable charges for transcription thereof.

 

(6) All hearings shall be heard before four or more members of the board.

 

(7) Any person aggrieved or who would be aggrieved by the emissions from the alleged air contaminant source shall be entitled to appear to testify with respect to such matter, subject to such restrictions and procedures as the board may establish, but shall not be a party to such proceeding. In all appeals from any order issued by the director, the person or persons to whom such order is directed and the director shall be the parties in interest.

 

(8) Every order by the board shall be in writing and approved by at least four members. Every order shall state separately the findings of fact and conclusions upon which the board based its decision.

 

(9) Upon issuing its order, the board shall notify each party to the proceeding, in writing, by certified mail. In cases in which any party is found to have violated any provisions of this article, the order of the board shall fix a reasonable time for such person or persons to take such measures as may be necessary to prevent subsequent violation.

 

(d) Variances.

 

(1) Petitions. Any person who owns or is in control of any air contaminant source may submit a petition to the director for a variance from any section of this article governing the quality, nature, duration or extent of discharge of air pollutants from such source. The petition shall be accompanied by a $300.00 fee made payable to the city treasurer and shall include the following information:

 

a. The name, address and telephone number of the petitioner or other person authorized to receive service of notice.

 

b. The type of business or activity conducted at the site of the air contaminant source and the street address at which it is conducted.

 

c. A brief description of the article, machine, equipment or other contrivance or process involved and the emission occurring therefrom.

 

d. The signature of the petitioner or some person authorized to sign on the petitioner's behalf. Where the person signing is not the petitioner, the petition shall set forth that person's authority to sign.

 

e. The section of this article from which the variance is sought.

 

f. Such other information and data with respect to such air contaminant source as may be required by the director of the board.

 

(2) Investigation. The director shall promptly investigate such petition and submit it to the board with a recommendation as to the disposition thereof.

 

(3) Grounds for variance. The board may grant such variance if it finds that compliance with the regulations from which the variance is sought would produce serious hardship without equal or greater benefits to the public; and

 

a. The emissions occurring or proposed to occur would not endanger human health or safety; and/or

 

b. Interfere with the attainment or maintenance of ambient air quality standards.

 

(4) Notice of hearing. No variance shall be granted or denied until after notice of its filing and the date of the hearing thereon is published in a newspaper of general circulation within the county in which the source is located. Such notice shall be published at least once not more than 20 days, nor less than 15 days, before the hearing date.

 

(5) Hearing. A petition for a variance shall be set for a hearing not less than 30 days after the filing of the petition, unless continued by the board.

 

(6) Renewal. Variances may be granted for such periods of time and under such terms and conditions as shall be specified by the board. Variances may be renewed by the board upon application made at least 60 days prior to the expiration of the term. Renewal applications shall be considered by the board and shall require the same fee.

 

(7) Conditions. Variances may be granted requiring a decrease of the emissions during the variance period and the making of periodic reports on an improvement program and on compliance with specific terms and conditions attached to the variance. A variance may be revoked or modified for failure to comply with the terms thereof or for failure to make a periodic report, if such is required.

 

(8) Emergencies. Nothing in this subsection, and no variance or renewal granted pursuant hereto, shall be construed to prevent or limit the application of the emergency provisions and procedures of this article.

 

(e) Judicial review of orders of the board. Orders of the board shall, without the necessity for a motion for rehearing, be subject to judicial review pursuant to the provisions of RSMo ch. 536.

 

 

Sec. 18-11. Building and fire codes board of appeals.

 

(a) Purpose; general powers and duties.

 

(1) In order to hear and decide appeals of orders, decisions or determinations made by the director of codes administration relative to the application and interpretation of this code and of orders, decisions or determinations made by the fire director relative to the application and interpretation of the fire code, there shall be and is hereby created the building and fire codes board of appeals, referred to in this section as "the board."

 

(2) The board shall adopt reasonable rules and regulations for its conduct as it may deem necessary.

 

(3) The board may recommend to the director of codes administration and the fire director such new legislation as is consistent with the board's decisions.

 

(b) Procedure for appeal of decisions relating to building code.

 

(1) Except in emergencies, any decision of the director of codes administration in the enforcement of this chapter may be appealed to the board by any person aggrieved by any decision of the director of codes administration. Such appeal must be taken within ten days from the date of the order or other ruling appealed by filing with the director of codes administration a written notice of appeal setting forth the grounds therefor. Before the board is called, the appellant shall pay a fee required by section 18-18 of this Code, payable to the city treasurer. The director of codes administration shall then transmit to the board all papers constituting the record upon which action appealed from is taken.

 

(2) Except in cases designated as emergencies, an appeal to the board stays all enforcement of the determination from which the appeal is being taken.

 

(c) Procedure for appeal of decisions relating to fire code. Except in emergencies, any decision of the fire director in the enforcement of the fire code may be appealed to the board by any person aggrieved in accordance with the provisions of articles II and V of chapter 26 of the Code of Ordinances.

 

(d) Membership; appointment of members.

 

(1) Membership.

 

a. The board shall consist of 12 members and 12 alternates. Each member and alternate shall be qualified by experience and training to pass upon matters pertaining to building construction. Members and alternates shall not be employees of the city.

 

b. Two members and two alternates shall be professional engineers registered by the state, one member and one alternate shall be architects registered by the state, one member and one alternate shall be building contractors, one member and one alternate shall be homebuilders, one member and one alternate shall be representatives of labor, one member and one alternate shall be licensed mechanical contractors, one member and one alternate shall be licensed electrical contractors, one member and one alternate shall be licensed plumbing contractors, one member and one alternate shall be licensed heating and ventilating contractors, one member and one alternate shall be licensed fire protection contractors, and one member and one alternate shall have permits to operate protective signaling systems.

 

c. The director of codes administration, or a representative of the director, shall serve as secretary to the board. The city counselor or his representative shall attend all meetings held by the board. The fire director or his representative shall attend at least all meetings which are pertinent to the enforcement of the fire code.

 

(2) Appointment of members. Members and their alternates shall be appointed by the mayor and shall serve for a term of four years; however, all members shall continue in office until their respective successors shall have been appointed. The Council upon recommendation of the mayor may remove members and alternates for just cause upon written notice.

 

(e) Powers and duties with respect to building code.

 

(1) The board shall have the power to approve the use of alternate materials, equipment and types of construction whenever in any specific case the board shall find and determine that the application of a general rule or regulation governing such use will, by reason of exceptional circumstances or conditions, constitute a practical hardship; to hear and render decisions on all appeals from the decisions of the director of codes administration; and to hear and render decisions on appeals from the various examining committees created by this chapter. The board shall further be empowered to interpret the intent of this chapter in specific cases and to authorize responsible, minimum modification from the literal provisions of the code where it is determined that such modification is, for the purpose intended, at least the equivalent of that prescribed in the code with respect to strength, fire resistance or safety. All rulings and actions of the board shall be consistent with the spirit and intent of this chapter.

 

(2) The board shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code.

 

(f) Powers and duties with respect to fire code. The board shall have the powers and duties as set forth in articles II and V of chapter 26 of the Code of Ordinances, for the purpose of determining questions of fact as to the acceptability and adequacy of alternate materials, equipment, methods of preventing fires and promoting fire safety, and for providing for the review of the decisions of the fire director in the interpretation of the fire code of the city.

 

(g) Meetings. The board shall fix a reasonable time for the public hearing of appeals, as well as for due notice to the parties in interest, and decide the matter within a reasonable time. Upon the hearing before the board, any party may appear in person or by agent or by attorney. The hearings of appeals before the board shall be transcribed. The transcript may be obtained from the court reporter at the cost of the requesting party.

 

(h) Conflict of interest. Members of the board shall conduct themselves in accordance with section 2-1015.

 

(i) Decisions. All decisions of the board shall be by a majority vote of the attending members or their alternates, provided that a quorum is present. The attendance of five members or their alternates shall be considered a quorum. All decisions of the board shall be in writing and shall be filed with the director of records, with a copy to the appellant, the director of codes administration and the fire director.

 

 

Sec. 18-411. Examining committees.

 

(a) Generally. Six examining committees are established, to be known as the electrical examining committee, the fire protection examining committee, the heating and ventilating examining committee, the operating engineers examining committee, the pipefitting examining committee, and the plumbing examining committee. The director of codes administration shall serve as the secretary of each examining committee without voting privileges.

 

(b) Appointment and qualifications of members; chairmen. The members of the examining committees shall be appointed by the mayor to serve a term of four calendar years. A member may be reappointed. The members of the examining committees shall be residents of the city, and be persons of good reputation with at least five years' experience in their respective field. Persons appointed to serve as journeymen members shall have successfully completed an apprentice program certified by the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or Bureau of Indian Affairs. Members of the examining committees may be removed by the council upon recommendation of the mayor for just cause, upon written notice. Each committee shall elect its own chairman at the first meeting of each calendar year.

 

(c) Duties. The examining committees shall have the following duties:

 

(1) Develop nondiscriminatory qualifications for persons wishing to take the required written examination, including but not limited to type and length of experience necessary to adequately prepare a person for the certificate of qualification sought. Such qualifications shall be consistent with the purpose of this chapter, which is the protection of the public in general, so that those who obtain a certificate of qualification meet the minimum requirements in terms of their skills, knowledge, practical experience, and knowledge of pertinent law to supervise or perform the work for which they may be certified.

 

(2) Develop, with the assistance of the third-party testing agency, the scope of the examination to adequately test an applicant's knowledge of applicable technical portions of this chapter, related technical knowledge and related skills.

 

(3) Determine, with the assistance of the third-party testing agency, an appropriate passing grade for the examination to adequately gauge an applicant's minimum qualifications for doing the work authorized by the certificate of qualification sought.

 

(4) Determine if continuing education requirements should be established as mandatory requirements for the reissuance of a certificate of qualification, and, if such requirements are appropriate, establish those requirements. The determination of the propriety of continuing education requirements shall be based on the degree of change in the specific technology regulated and the risks to the general public should current educational efforts not be required. If continuing education is established, only continuing education units complying with the criteria established by the National University Extension Association shall be acceptable.

 

(5) When the director of codes administration is unable to determine if information provided by the applicant complies with the established standards, review the written applications and attachments of applicants to determine their eligibility to take the examination for the certificate of qualification sought, and state in writing any deficiency prohibiting the applicant from taking the examination.

 

(6) Study, and recommend to the city council, whether or not a system of reciprocity should be established by which persons approved by other jurisdictions to do work regulated by the city should be excused from fulfilling the requirements of this division to obtain a certificate of qualification.

 

(7) Study, and recommend to the city council, whether or not persons currently holding a certificate of qualification should be required to pass the examination given by the third-party testing agencies.

 

(d) Composition; scope of authority. The qualifications and scope of authority for members of the respective committees shall be as follows:

 

(1) Electrical committee.

 

a. The electrical committee shall be composed of:

 

1. Two electrical contractors class I.

 

2. An electrical contractor class III.

 

3. A journeyman electrician.

 

4. An architect registered by the state.

 

5. Two professional engineers registered by the state.

 

6. A public member not directly associated with the electrical industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificates of qualification:

 

1. Master electrician.

 

2. Master (limited) electrician.

 

3. Electrical supervisor.

 

(2) Fire protection committee.

 

a. The fire protection committee shall be composed of:

 

1. A fire protection contractor class I.

 

2. A sprinkler-fitting journeyman.

 

3. A professional engineer registered by the state.

 

4. An architect registered by the state.

 

5. A public member not associated with the building industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificate of qualification: fire protection supervisor class I.

 

(3) Heating and ventilating committee.

 

a. The heating and ventilating committee shall be composed of:

 

1. A heating and ventilating contractor.

 

2. A heating and ventilating journeyman.

 

3. A professional engineer registered by the state.

 

4. An architect registered by the state.

 

5. A public member not associated with the building industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificate of qualification: heating and ventilating supervisor.

 

(4) Operating engineers committee.

 

a. The operating engineers committee shall be composed of:

 

1. A journeyman operating engineer.

 

2. A plant operating engineer.

 

3. An architect registered by the state.

 

4. A professional engineer registered by the state.

 

5. A public member not associated with the building industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificates of qualification:

 

1. Fireman.

 

2. Plant fireman.

 

3. Operating engineer.

 

4. Plant operating engineer.

 

5. Refrigeration operating engineer.

 

(5) Pipefitting committee.

 

a. The pipefitting committee shall be composed of:

 

1. A boilermaker.

 

2. A pipefitting contractor.

 

3. A journeyman pipefitter.

 

4. A refrigeration contractor.

 

5. An architect or professional engineer registered by the state.

 

6. A public member not associated with the building industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificates of qualification:

 

1. Master pipefitter.

 

2. Refrigeration supervisor.

 

(6) Plumbing committee.

 

a. The plumbing committee shall be composed of:

 

1. A plumbing contractor.

 

2. A journeyman plumber.

 

3. A gas-fired appliance contractor.

 

4. A professional engineer or architect registered by the state.

 

5. A public member not associated with the building industry.

 

b. This committee shall be responsible for the examination of applicants for the following certificates of qualification:

 

1. Master plumber.

 

2. Journeyman plumber.

 

3. Gas-fired appliance supervisor.

 

 

Sec. 19-11. Membership.

 

The community video advisory board shall be composed of 16 members. The mayor shall appoint thirteen residents of Kansas City, two from each council district and one from the city at large to serve as chairman. A total of three members of the community video advisory board, who shall serve without voting privileges, shall be appointed by operators who have entered into a franchise agreements with the city. In the event there is more than one operator with a franchise from the city, then the franchised operators shall elect three members in the manner described in the following sentences. Each franchised operator shall be entitled to cast as many votes in such election as the result of multiplying the number of that operator's subscribers in the city by three, and the total number of votes an operator is entitled to cast may be cast for one person or may be distributed among two or three persons in any proportion as the operator may see fit.

 

 

Sec. 38-61. Establishment; membership.

 

(a) There shall be a human rights commission, formerly known as the civil rights board, which shall be an agency as such term is defined in RSMo 536.010. Such commission shall comprise seven members, including a chairperson, to be appointed by the mayor. The commission shall be a local commission as authorized by RSMo 213.020 and 213.135 and as such shall have the power and authority to hear complaints of violations of RSMo ch. 213 in accordance with procedures set forth in RSMo ch. 213 and in this chapter.

 

(b) All members shall serve without compensation and shall serve initial staggered terms at the discretion of the council and mayor of three years for three members, two years for three members, and one year for one member; provided that all members shall continue in office until their respective successors shall have been appointed and qualified. In the event of death or resignation of any appointee, a successor shall be appointed by the original appointing authority to serve during the unexpired portion of his or her term.

 

 

Sec. 76-46. Taxicab code advisory board.

 

(a) Established; membership. There is hereby created a taxicab code advisory board comprised of 13 members who shall serve without compensation. The advisory board shall consist of the administrator, the city counselor or his representative, four representatives of the taxicab industry, two representatives of the livery operators, three frequent travelers, one representative of the convention and visitors bureau, and one other transportation professional, to be appointed by the mayor.

 

(b) Duties. The city council, or any of its standing or special committees, may refer any proposed rule, regulation or ordinance proposed to regulate livery vehicles, sightseeing vehicles or taxicabs to the taxicab code advisory board for its recommendations.

 

 

Sec. 76-312. Tow vehicle ordinance advisory board.

 

(a) Established; membership. There is hereby created a tow vehicle ordinance advisory board comprised of five members who shall serve without compensation. The advisory board shall consist of the administrator of commercial vehicles, the city counselor or his authorized representative, one representative from the Kansas City Tow Owners Association, and one representative from the police department. Each member is to be appointed by the mayor and serve for a term of two years.

 

(b) Duties. The city council, or any of its standing or special committees, may refer any proposed rule, regulation or ordinance proposed to regulate tow vehicles to the tow vehicle ordinance advisory board for its recommendations. This committee shall also provide advice to the department on recommended changes to rules and regulations promulgated by the director.

 

___________________________________________________________________

 

Approved as to form and legality:

 

 

 

______________________________________

City Attorney