COUNCIL RECONSIDERS SMOKE DETECTORS, POLITICAL SIGNS

Second votes on political signs and smoke detectors didn't mean any major changes for Cape Girardeau residents: Laws applying to both will stand.

At an October meeting, the Cape Girardeau City Council voted to ban political signs within 10 feet of any established street. Mayor Al Spradling III later questioned the ban, citing a U.S. Supreme Court case that indicated Cape Girardeau's new law violated First Amendment rights.

It is legal to keep signs off city right of way, he said, but sometimes right of way extends less than 10 feet from the street.

Councilmen voted to repeal the law in November. On Monday, they voted on a revised version. This one prohibits signs on public property and city right of way but doesn't set specific parameters.

The second version passed on a split vote.

The council also reconsidered an amendment Councilman Richard Eggimann proposed dealing with the 1996 BOCA Codes.

Every three years, a group of building code experts gather to revise a nationally recognized set of construction standards. Many cities, including Cape Girardeau, routinely accept the BOCA Codes as their own. Some make exceptions to specific parts of the code.

Eggimann disagreed with a section that required smoke detectors in all bedrooms of new homes. The detectors had to be electric with battery back-up and had to be wired together.

Eggimann said the requirement was an example of too much government regulation in construction. He asked the city merely keep the old requirement of one smoke detector per floor.

At the Nov. 18 meeting, two of the five council members present voted with Eggimann, and the mayor declared the amendment had passed. It was discovered later that the city's charter requires at least four council members to vote yes for an issue to pass.

Eggimann got his fourth vote at Monday's meeting. The new ordinance eliminates the requirement for smoke detectors in bedrooms of new one- and two-family dwellings.

In other action, the council brought its abandoned property law in line with state statutes. It defines the way abandoned cars should be removed from public roads or parking lots.

Eggimann expressed concern that the law leaves towing to the discretion of police officers handling complaints. He said people left cars in the parking lot of a business he formerly owned, interfering with legitimate customers.

City Attorney Eric Cunningham said it was better to let police decide about towing. People who feel their property has been towed wrongfully are permitted to file suit against the city.

CAPE GIRARDEAU CITY COUNCIL

Cape Girardeau City Council

Monday, Dec. 2, 7:30 p.m.

Public Hearings

-- A public hearing regarding the request of John and Winona Crampton for a special use permit for a craft business at 2228 Hillbrook in an R-1 district.

-- A public hearing regarding the request of Americare Properties Inc. for a special use permit for an addition to the existing residential care facility at 2910 Beavercreek in a C-1 district.

-- A public hearing regarding the request of Marvin L. and Kathy J. Miller and Alma Jean Gray for a special use permit for a day-care center at 911 N. Missouri in an R-3 district.

Appearances

-- Appearances before the council on items listed on the agenda.

Consent Ordinances

-- Changed the zoning of 1110 N. Cape Rock from R-1 to R-2.

-- Granted a special use permit to Scott M. Rhodes, Mark E. Rhodes and Kelly S. Holloway for purposes of constructing, maintaining and operating a community unit plan at 1110 N. Cape Rock.

-- Repealed the article of the city code relating to political campaign signs.

-- Accepted a general warranty deed from Janice M. Metzler and Arvin N. and Gwendolyn A. Napier for the Cape La Croix Creek/Walker Branch flood control project.

-- Enacted a new article of the city code relating to the sale of cigarettes.

-- Accepted permanent easements and temporary construction easements for the Twin Lakes Subdivision.

-- Reaffirmed the action of the City Council declaring it necessary to improve Lexington Avenue.

-- Levied a special assessment for the improvement of Sprigg Street extension.

-- Established no parking on Mount Auburn Road.

-- Approved the revised record plat of Northside Estates.

New Ordinances

-- Granted a special use permit to John and Winona Crampton and Jeneva Crampton for a craft business at 2228 Hillbrook.

-- Granted a special use permit to Americare Properties Inc.

-- Granted a special use permit to Marvin L. and Kathy J. Miller and Alma Jean Gray for a day care center.

-- Accepted general warranty deeds and quit claim deeds for the Cape La Croix Creek/Walker Branch flood control project.

-- Amended the city code relating to smoke detectors.

-- Enacted a new article relating to political campaign signs.

-- Amended the city code relating to abandoned property.

Resolutions

-- Authorized the city manager to execute an agreement with Burns & McDonnell Engineering Co. Inc. for the water treatment and distribution system project.

-- Authorized the mayor to execute an agreement for easement with the Missouri Department of Natural Resources.

-- Authorized the city manager to execute a contract with Piper Jaffray Inc. and A.G. Edwards & Sons Inc. for investment banking services.