CAPE COUNCIL TURNS DOWN REQUEST FOR NEW HOME AND INSURANCE OFFICE

The Cape Girardeau City Council denied a request of two Cape Girardeau residents to build a home at the northeast corner of Lexington Avenue and Perryville Road that would also serve as an insurance office.

Since the council denied the request of Bo and Dianne Shantz, individual council members had to submit a findings-and-conclusion report stating their reasons for denial. Those reports and all other records obtained by the planning department and city staff were included with the original application.

It has been some time since the council denied a special-use permit, said Mayor Al Spradling III. Usually the council signs off on the recommendations of the Planning and Zoning Commission so no additional reports are needed, he said.

But city officials and planning commission members are at odds about what sort of development -- commercial or residential -- should be allowed at Perryville and Lexington. The issue has long been a debate among city officials, coming to the forefront every few years when projects are proposed.

The Planning and Zoning Commission approved the Shantz' request in May. A request to rezone the opposite corner of Lexington and Perryville was denied. That matter should be presented at a public hearing in August.

Bo and Dianne Shantz had requested a special-use permit to operate the insurance office instead of seeking a zoning change for the property. They appeared before the council June 19 at a public hearing on the matter.

Special-use permits are granted to the property owners seeking a zoning variance without rezoning the entire property. The permits are nontransferable and are void if the property is sold.

Several residents also appeared at the June meeting stating opposition to the special-use permit. Some also attended Monday night's meeting. The residents are opposed to commercial development on the northeast corner since it could increase traffic in the neighborhood.

The petition was signed by 22 residents in the neighborhood. All objected to the special-use permit. Because the signatures were valid, the ordinance granting the permit would have required a five-sevenths majority for passage.

Frank Stoffregen was the only council member to vote for the permit.

Spradling said several major intersections along Lexington Avenue have the potential for commercial development.

"If we aren't careful we could have a gas station or quick shop on every corner -- not that it would be the worst thing in the world but it might not be the best thing," he said. "That could be what we are faced with."

Cape Girardeau City Council action

Monday, July 17

City Hall, 401 Independence

Consent ordinances

(Second and third readings)

• Approved an ordinance annexing land upon the request of Deer Creek Christian Academy Inc.
• Approved an ordinance amending Chapter 30 of Code of Ordinances by changing the zoning of 2039 State Route W from R-1 to C-1.
• Accepted a water utility and access easement from Greater Cape Girardeau Area Benevolent Association on Rambler Road right-of-way in the Nash Road Industrial Park.
• Approved the record plat of Hazelwood Subdivision.
• Approved an ordinance amending Schedule A of Section 26-288 of City code establishing speed limits on Route AB (Nash Road).
• Approved an ingress-egress easement for William R. and Kathryn F. Swan as an approved place for residential development purposes, said easement being located in Ashland Hills Estates Second Subdivision.
• Approved an ordinance amending Chapter 30 of Code of Ordinances by changing the zoning of 601 Hazel Street and 2734 Hawthorne Road from R-1 to R-3.
• Granted a special-use permit to First Assembly of God for purposes of maintaining and operating church facilities, Cape Girardeau Public School Alternative School and Missouri Pre-School Project at 1000 Ranney Ave.

New ordinances (First reading)

• Rejected an ordinance granting a special-use permit to Bo and Dianne Shantz for purposes of constructing, maintaining and operating an insurance office at 2010 Perryville Road.
• Approved an ordinance amending Schedule F of Section 26-247 of City Code repealing no parking on a portion of Good Hope Street.
• Approved an ordinance accepting 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.
• Approved an ordinance amending 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.
• Approved an ordinance accepting 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.
• Approved an ordinance accepting a deed, corrected permanent drainage easements and a corrected temporary construction easement from various property owners for the Hopper Road Phase I project.
• Approved an ordinance accepting deeds from the various property owners for the 1995 flood buyout program.
• Approved an ordinance accepting deeds from Emil. W. Dewrock and the Cape Girardeau County Collector for the fire department training facility.
• Approved an ordinance appropriating 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.

Resolutions

(Reading and passage)

• Passed a resolution authorizing the city manager to execute a license and indemnity agreement with Rhodes Properties L.C. for construction of an extension t an existing pave access way for use as a driveway to a single family residence and to provide parking for public use in conjunction with the city park system property on a portion of the Cape LaCroix Creek/Walker Branch Flood Control Project right-of-way.
• Passed a resolution authorizing the city manager to execute an agreement with PR Developers Inc. for the Golden Eagle Court water system improvements.
• Passed a resolution authorizing the city manager to execute an assignment of a lease agreement from CyberTel RSA Cellular LP to Crown Castle GT Co. LLC for a wireless communications business, towers and related real estate.
• Passed a resolution authorizing the city manager to execute a development agreement between the city, D & D Cape Investments LP, Armstrong Heritage Inc. and Drury Southwest Inc. for sale of right-of-way and the construction of Mount Auburn Road from Route 74 to near Silver Springs Road.
• Passed a resolution authorizing the city manager to enter into a contract with Ahrens Contracting Inc. for asbestos abatement and demolition services at old St. Francis Hospital building.