CITY COUNCIL DUMPS TWO CHARTER CHANGES

Acting on recommendations of the city staff, the Cape Girardeau City Council on Monday unanimously removed two proposed amendments to the city charter from those to be considered by voters.

The proposed charter amendments pertained to the granting of cable television franchises and the regulation and licensing of trades.

Voters will still have the opportunity to decide on 10 proposed changes to the city charter -- each to be voted on separately -- on April 2.

The amendment relating to cable television operators included language that would have required voter approval of any franchise agreement. City Manager Michael Miller said the amendment would contradict federal law, nullifying any such vote.

Federal statutes that spell out requirements cable TV operators must meet to be considered by a franchising authority would override any local restrictions. Federal law doesn't include provisions for voter approval.

The other amendment concerned licensing, taxation and regulation of building trades contractors. The proposed amendment was a single line: "The city shall not license any trade for the purpose of regulating such trade."

"The way it was written it would have done away with all licensing of trade," Miller said.

Although the amendment would be legal, W. Eric Cunningham, the interim city attorney, said it would strip the city of its authority to establish standards and require testing for those involved in construction trades. Issuing licenses to do plumbing or electrical work, for example, would merely be a way to collect revenue, he said.

"We could still require licenses, but we could not require any regulations in relation to quality for a trade," Cunningham said.

He added that if the amendment were approved as written, enforcement of local building codes would become more difficult.

Miller said he didn't believe hampering the city's ability to set quality standards is what the charter commission that suggested the proposed changes had in mind. Miller said he was unsure if a more manageable substitute amendment might eventually be offered in its place.

In other business, the council approved the first readings of seven ordinances to expand membership on the city's various advisory boards. Two more readings are required before final approval.

During the council's work session prior, R.J. McKinney of the Planning and Zoning Commission, one of the affected panels, stated the commission's opposition to adding members. Planning and zoning would expand from nine to 11 members if the change is approved.

McKinney also said he disapproves of the council's recently-adopted policy to not reappoint a person to an advisory board for more than two consecutive terms. It takes an entire full term to understand how things operate and to become a productive member of the commission, he said.

The council adopted the policy as a way to include more qualified people in community decisions.

"It does not take forever to learn, just look at the ordinances," said Councilman Richard Eggiman. "A lot of the same people have had control for nine, 10 and 12 years. I don't think that is good for the city of Cape Girardeau."