COUNCIL INITIALLY APPROVES ORDINANCE CHANGE

The Cape Girardeau City Council Tuesday initially approved an amendment to an ordinance that would keep James Frank from building a driveway leading to a patio.

The council approved first reading to amend a zoning ordinance regarding powers of the Board of Adjustment. The Board of Adjustment has provided the only means of opposition to Frank's plan.

The Board of Adjustment is against Frank's proposal because of the possibility of a future owner of the home using the driveway for "front-yard parking" for vehicles such as boats and campers.

The Franks are building a new home in Clarkton Place Subdivision on the southeast corner of Pheasant Cove and Mallard Drive. The garage and driveway are on the north side of the house off of Pheasant Cove.

They will have a walk-out entrance and patio on the south side of the house. Frank's 83-year-old mother, Ruby, who uses a walker, will be living in the basement. The Franks want to construct a driveway off of Mallard Drive to provide direct access to the patio to keep Ruby Frank from having to cross the lawn when she is picked up and dropped off.

City ordinance states that there can be no parking in a front yard unless the drive leads to a garage, carport or other parking area.

Mayor Al Spradling said he visited the site of Frank's new home and saw two homes with driveways that would be illegal under the ordinance.

But the Board of Adjustments maintains that the driveways that are already in place lead to a garage, carport or other parking area. City council members asked if some temporary amendment could be enacted to provide for the needs of the Franks and no other owner.

Members of the Board of Adjustment said there is too great a chance to allow someone else to see this amendment as a precedent-setting case. Possible options discussed at the Board of Adjustment included building sidewalks for access as opposed to driveways.

The Planning and Zoning Commission reviewed the amendment at its August meeting and recommended it for approval by the City Council.

The Franks, who did not appear before the council on Tuesday but did attend the regular session, have indicated they will apply to the Board of Adjustment for a variance in October.

In other action Tuesday the city council voted to approve revisions to the ordinance that include a 5 percent increase in the water commodity charge to provide for future plant expansion construction.

The increase, which will be 6.8 cents per 100 cubic feet of water, effective Jan. 1, 1995, puts the commodity charge level at $1.444 for each 100 cubic feet of water. The increase is less than one-hundredth of a cent per gallon.

The council voted to amend the original increase date of Nov. 1, 1994, to allow residents to adjust to the change after the Christmas holidays.

The council also approved a resolution by the Cape Girardeau Police Department authorizing the city manager to enter into contracts with the Missouri Division of Highway Safety to fund a Team Spirit conference in Cape Girardeau.

Team Spirit is a three-and-one-half day leadership conference for regional high school youths. It focuses on drinking, the use of drugs, and other issues related to driving.

The project will be funded through the Community Traffic Safety Program and all expenses will be reimbursed by the Missouri Division of Highway Safety. The project will include funding for conference materials and supplies, food and lodging for the conference, two part-time coordinators and 10 conference facilitators.

The contract would be for a total of $32,000. Cape Girardeau police Sgt. Carl Kinnison said the Team Spirit conference would involve 10 to 12 high schools with 10 students representing each school.