CAPE COUNCIL HEARS ZONING ISSUES

Zoning issues that have come up repeatedly in the past continued to spark controversy for the Cape Girardeau City Council during a meeting Monday night.

A public hearing on a rezoning request and special-use permit for 2021 Perryville Road and property on the northwest corner of Perryville Road and Lexington Avenue and a request from Jerry Lipps to consider rezoning property at 2355 Locust St. drew comments from the audience and a heated discussion among the council members.

The council meeting, which included 60 items of business, lasted 90 minutes.

Questions about how to rezone property along Perryville Road and Lexington Avenue have plagued the council. The issue comes up with every new zoning or special-use request presented to the Planning and Zoning Commission.

A request by Kevin Stanfield and Jeff Holzum for permission to rezone property at the intersection of Lexington and Perryville, and to expand the existing Wink's convenience store was denied by the Planning and Zoning Commission in May.

A similar special-use permit request for the opposite corner of the intersection was approved by the planning board but later denied by the city council.

Stanfield had requested the hearing for Monday night but wrote a letter to the city manager dated last Tuesday that requested the hearing be moved to Sept. 25 because of scheduling conflicts.

The council agreed to continue the hearing until Sept. 25 but heard comments from Bill Green, who spoke in support of the request.

"I ask you to listen to the silent majority," Green said.

No other residents in the area spoke on the request. However, a petition has been filed with the city listing 22 residents who oppose commercial rezoning at that intersection.

Green said that new convenience stores don't create more traffic or congestion but are developed in areas that are already able to support a stores and have the traffic counts.

Because a store already exists, "people have already voted with their dollars" when they frequent the store, he said. Green lives in the nearby Northfield Subdivision.

Neighboring property owners in South Cape Girardeau opposed a request by Jerry Lipps to rezone property at 2355 Locust St.

Lipps' application had previously been rejected by a unanimous vote of the Planning and Zoning Commission and was then denied by the council.

However, a city ordinance allowed Lipps to resubmit his rezoning request directly to the council because it came within a two-year timeframe of the original council action.

After a lengthy discussion about what had changed in the plan or whether it would be in the best interest of the planning commission to reconsider the issue, the council voted to deny Lipps request. Several business owners along Commercial Street and South Kingshighway spoke in opposition to the request.

"We have come here to protect our interests," said Terry Young who owns Cape Janitor Supply. "If there are no changes then why consider it? You made your decision last time."

Lipps' attorney had indicated in a conversation with City Attorney Eric Cunningham that new information existed but did not say what it might be. Cunningham related that to the council.

Tom Neumeyer said if any new information had been presented the issue might have been considered.

"This is the same refrain as before," he said.

Frank Stoffregen agreed, saying: "I understand the frustration" of the neighboring property owners,.

Stoffregen said that unless something had changed in the plan he saw no reason to send the matter back to planning and zoning, calling it "just a waste of time."

Mayor Al Spradling III also said he could not support sending the issue back to the planning commission unless something had changed.

Cape Girardeau City Council action taken

Monday, Aug. 8 at 7:30 p.m.

City Hall, 401 Independence

Study session at 5 p.m.

Public hearings

• Held public hearing regarding the request of Larry W. Stone to rezone 327 S. Lorimier St. from R-4, multiple-family residential district to C-2, general commercial district, and for a special-use permit for mini-storage units at that location.
• Held public hearing regarding the request of G. Keith Deimund Trust to rezone Lots 1, 2 and 3 of Mount Auburn Subdivision No. 7 from R-2, single-family residential district, to R-3, two-family residential district.
• Held public hearing regarding the request of Jerry and Judy Davis to rezone Lots 4, 5, and 6 of Block 2, Oak Park Subdivision from R-2, single-family residential district, to C-1, local commercial district.
• Held public hearing regarding the request of Douglas J. and Elizabeth A. Hileman for a special-use permit for a home-based business at 1744 Luce St. in an R-3, two-family residential district.
• Continued public hearing regarding the request of Kevin Stanfield and Jeff Holzum to rezone 2021 Perryville Road and the northwest corner of Perryville Road and Lexington Avenue from R-2, single-family residential district, to C-1, local commercial district, and for a special-use permit for gasoline pumps at that location.
• Held public hearing to consider vacating the city's interest in a utility, sewer and drainage easement located between lots 25 and 26 in Twin Lakes Subdivision.
• Held public hearing regarding the property tax rates proposed to be set by the city for the fiscal year beginning July 1, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1.

Consent ordinances (Second and third readings)

• Amended Schedule F of Section 26-247 of the City Code repealing no parking on a portion of Good Hope Street.
• Accepted a permanent easement from Rhodes Properties L.C. to operate, maintain, redesign, modify and reconstruct a paved parking area provided for public use in conjunction with the city's park system.
• Amended the boundaries of lateral sewer district No. 14-ZZ, a subdivision of trunk sewer district No. 14, as established by ordinance No. 396, to serve Chalet Trace Second Subdivision and other properties along Hopper Road.
• Accepted a general warranty deed from Cape Place L.L.C. for an expansion of a detention basin.
• Accepted deeds from L. Wayne and Margaret M. Niswonger and George W. and Lora L. Eaker for the Sloan Creek sewer and main combined sewer project.
• Accepted a deed, corrected permanent drainage easements and a corrected temporary construction easement from various property owners for the Hopper Road Phase I project.
• Accepted deeds from various property owners for the 1995 flood buyout program.
• Accepted deeds from Emil W. Dewrock and the Cape Girardeau County Collector for the fire department training facility.
• Appropriated funds for contingency, public works, park capital improvement, internal services, public safety, parks and recreation, interdepartmental, general fund transfers, administrative services, park and recreation transfer services and developmental services.

New ordinances (First reading)

• Approved the record plat of Kammann Randol Subdivision.
• Approved ordinance readopting Section 2-76 to 2-83 of the City Code relating to conflicts of interest.
• Tabled ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 327 S. Lorimier St. from R-4 to C-2.
• Approved ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of Lots 1, 2 and 3 of Mount Auburn Subdivision.
• Approved ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 1925 Broadway from R-2 to C-1.
• Approved ordinance granting a special-use permit to Douglas J. and Elizabeth A. Hileman for purposes of maintaining and operating a home-based business at 1744 Luce St.
• Continued ordinance amending Chapter 30 of Code of Ordinances by changing the zoning of 2021 Perryville Road from R-1 to C-1, and ordinance granting a special-use permit to Kevin Stanfield and Jeff Holzum for gasoline pumps at 2021 Perryville Road until Sept. 25.
• Approved ordinance vacating the city's interest in a portion of a utility, sewer and drainage easement in Twin Lakes Subdivision.
• Approved ordinance reaffirming the action of the city council declaring it necessary to improve, providing for the improvement, directing the city manager to enter into a contract to do the work and providing for the manner of payment of the work of Timon Way from Big Bend Road to Dumais Drive; DePaul Lane from Country Club Drive to driveway; Donna Lane from Timon Way to the dead end; North Lorimier Street from Mill Street to Pearl Street; Pearl Street from North Lorimier Street to Fountain Street; Hunters Lane from Boulder Crest Drive to the dead end; Collins Street from Mount Auburn Road to Hunze Drive; Hunze Drive from Hopper Road to Collins Street; and Hill Street (Riverview Drive) from Rand Street to Johnson Street, known as the 200-1 4-inch asphaltic pavement program of the Transportation Trust Fund program.
• Approved ordinance accepting general warranty deeds, permanent drainage easements and a temporary construction easement from D & D Cape Investments, L.P., Armstrong Heritage Inc. and Wilver W. and Dolores H. Wessel for the Mount Auburn South project.
• Approved ordinance providing for the levying of the annual city revenue tax; library fund tax; public health tax' debt service fund tax; Special Business District No. 2 tax for the fiscal year to end June 20.
• Approved ordinance accepting a permanent sanitary sewer and utilities easement from Cape Retirement Community for a sanitary sewer extension and water main extension to serve the Chateau Girardeau retirement complex. Motion accepting into the city's system the sanitary sewer and water main extension to serve the expansion of Chateau Girardeau retirement complex along the northeast portion of the intersection of Mount Auburn Road and Independence Street in Sewer District No. 14-J.

Resolutions (Reading and passage)

• Passed resolution authorizing the city manager to execute an agreement for the use of software and release and indemnification agreement with Information Technologies Inc. for law enforcement software.
• Passed resolution authorizing the city manager to execute a memorandum of understanding with KeepSafe Industries for a safe room education and outreach program.
• Passed resolution authorizing the city manager to execute a license and indemnity agreement with Don and Shirley Gregory for certain improvements on Hopper Road right-of-way.
• Passed resolution authorizing the city manager to execute an addendum to the Hopper Road design contract with Bowen Engineering and Surveying.
• Passed resolution authorizing the city manager to execute an agreement with the Cape Girardeau Redevelopment Corp. for additional downtown improvement projects.
• Passed resolution authorizing the city manager to execute agreements with the Salvation Army and Safe House for Women Inc. for Emergency Shelter Grant funds from the Missouri Department of Social Services-Division of Family Services.
• Passed resolution authorizing the city manager to execute release of lien for the Community Block Grant Program for 503 S. Benton and 919 S. Pacific.
• Passed resolution authorizing the city manager to execute a lease with the U.S. Army for use of a hangar at the Cape Girardeau Regional Airport.
• Passed resolution authorizing the city manager to execute a license and indemnity agreement with the Village Pool Corp. to erect a sign and construct a grouping of mailboxes within the right of way of Village Drive.
• Passed resolution authorizing the city manager to enter into a contract for basic banking services with Commerce Bank N.A.

Appointment

• Appointed Cord Dombrowski and David Knight to the Special Business District Advisory Commission.

Liquor license

• Approved a temporary 5 percent beer-by-the-drink license for the SEMO District Fair Association for an event to be held Sept. 10-16, Fred Higdon, managing officer.
• Approved a temporary 5 percent beer-by-the-drink license for Southeast Missouri Hospital Foundation for an event to be held Aug. 18-20 at the A.C. Brase Arena Building, John C. Stotz, managing officer.
• Approved a change in a retail liquor-by-the-drink and Sunday sales license for Robert E. Hency, dba Columbus Club Association, 318 S. Spanish and grounds, Robert E. Hency, managing officer.

Other

• Accepted into the city's system the street, sanitary sewer and water improvements, as shown on the plans approved for Vernon Rhodes Subdivision, sewer district 14-1-F-9, and the storm sewers in the street right of way and releasing the escrow covering these improvements.
• Accepted into the city's system the water main extension to serve Russell Subdivision and reimbursing Mr. Ressel for the additional cost of the water main in the amount of $3,760.
• Accepted into the city's system the water main extension to serve Nottinghill Subdivision.
• Rejected the application of Jerry Lipps for rezoning of 2355 Locust St. from M-1 to M-2.
• Accepted into the city's system the sanitary sewer improvements, as shown on the approved plans, to serve two lots in Chalet Trace Second Subdivision along Hopper Road from Oak Ridge Court to just west of Dearmore Court.
• Accepted into the city's system the water main extension to serve Cape Auto Paint and Supply on Plaza Way near Bloomfield Road.
• Accepted into the city's system the water main extension to serve the August Ritter property located north of the Cape Girardeau County Farm Park.
• Accepted into the city's system the improvement of Richmond Drive from Siemers Drive to Station 2 +85.5 (at its intersection of city's tax billed portion of Richmond Drive, west of Cape West Parkway.)
• Granted an out-of-district sewer connection to Mr. and Mrs. John Peek at 174 and 206 Peek Lane, connection to Sewer District 14.
• Approved the Vision 2020 Strategic Plan.