Cape annexing 300 acres into city limits, irritating some property owners

When Laura Bennett and her husband built a new home off County Road 618 more than a decade ago, they agreed to come into Cape Girardeau's city limits when the time came.

They were just hoping it wouldn't be so soon.

"We do not want to come into the city," Bennett said. "We were hoping it would be a little longer than it's been."

The couple are among the owners of 37 county parcels totaling 300 acres who over the years have signed annexation petitions in exchange for city services, such as water and sewer. Now, Cape Girardeau officials say it's time to join the fold, with a goal of having the properties annexed by June 1.

The Cape Girardeau City Council took the first step toward finalizing the deal Monday night when it passed a resolution to accept the annexation, which will be followed by an April 11 Planning and Zoning Commission meeting to consider how the properties should be zoned.

The matter will come back before the council at its May 7 meeting, when a public hearing will be held on the proposed annexations and zoning districts. If the proposal is passed by the council May 21, the annexation will become effective June 1.

About 280 acres is northwest of the city's limits, a number of single-family homes along County Road 618, south of LaSalle Avenue, said city planner Ryan Shrimplin. One is the Wild Horse Creek subdivision, and there are other nearby properties owned by developer Dutch Meyr, who has plans for 16 lots and 32 residential units, and local physician Michael Jessup.

But a smattering of other properties will be annexed beyond the city's southwest boundary, including property owned by Drury Southwest Signs and Driskill Cement Finishing. The entrance to the Dalhousie Golf Club, a parcel along Ottawa Lane and the La Croix Industrial Park along Boutin Drive will also be brought into the city limits.

"All of these properties are receiving some of the city services," Shrimplin said. "Most are getting water, but some are getting sewer. But they requested the services from the city and the city offered them the annexation petition. They were informed that at such time they became eligible, then the annexation would move forward."

In the years since the petitions were signed, the properties began to become contiguous to the city limits, which is a requirement for annexation, Shrimplin said. Now that they're in a fairly compact group, it makes sense to bring them in, he said.

While it is purely a voluntary annexation that was signed off on by the property owners, some are now expressing irritation at having to pay increased taxes and stricter regulations when they say they essentially had no choice but to sign.

Laura Bennett, for example, said when her family bought their lot on Ashley Drive, they did sign the annexation petition but that she and her husband signed "under duress." The person they bought the lot from did not inform them that they would need city water services after their home was built.

"When we had the water meter set up, they made me sign the paper or we didn't get water," she said.

Roger Austin, who owns Advanced Automotive near Boutin Drive, said he is not happy at all with the way his business has been treated in the process. The facility is in La Croix Industrial Park, along with Servpro and Safety-Kleen. The businesses had to go in together to spend a total of $40,000 to connect to the city's sewer system.

Austin said that he's not looking forward to an increase in taxes that will come with being in the city limits, although city officials say the biggest factor for them will be the quarter-cent fire tax that is paid by those who get such protection. He also isn't thrilled, he said, that others will be allowed to connect to the sewer extension that he and the other business owners paid for.

Shanon Kirchhoff, a Cape Girardeau orthodontist, lives in the Wild Horse Creek subdivision. He said he had to have city water services.

"And I didn't have any idea it would come so quick," he said, seven years after he signed the petition.

Kirchhoff doesn't like the city regulations that will come with the annexation.

"I don't want to have to go by their rules," he said. "If I want to build a garage along the side of my building, I want to be able to do so. But it's just the rules that the city forces you to play by."

Daniel Alvarez, who lives near Kirchhoff, however, said he didn't mind being annexed. Alvarez owns El Torero in Cape Girardeau. He said he thinks it's a good thing.

"As far as the services, it should be better," Alvarez said. "For fire protection, when the power goes out and things like that, it will be an improvement."

Shrimplin said no one was forced to sign the annexation petitions. In fact, some of those who did sign have indicated they don't want to be annexed, he said. The city isn't looking to forcefully annex anyone. Letters were recently mailed to all the property owners letting them know annexation was on the horizon.

"The vast majority did respond that they were OK with it," Shrimplin said. "The handful that did not want to be annexed were informed that if they do not move forward, their services could be terminated. That was the legal agreement that the property owner at the time committed to."

smoyers@semissourian.com

388-3642

Pertinent address:

401 Independence St., Cape Girardeau, MO