CHURCH HITS OPPOSITION TO DAY-CARE PLAN

The First Assembly of God Church ran into a power greater than the Cape Girardeau City Council Tuesday evening: subdivision covenants.

The church applied for a special-use permit that would allow it to build a playground on part of what is now the back yard of a home that borders on the church's campus at 750 N. Mount Auburn Road. The lot, at 3114 Dogwood, is part of the Westfield Subdivision. The church owns the home and once had a pastor living in it.

The council tabled the church's request. Twenty-three residents of the Westfield Subdivision came to the meeting to oppose the playground, claiming it would create too much noise.

The council also tabled a proposed ordinance that would have put severe restrictions on halfway houses and approved an agreement with DSW Development Corp. to have it supervise the construction of an extension of Siemers Drive to the new state Route 74.

When the church day-care came before the council, Mayor Al Spradling III said that whatever the merits of the request, "unless the neighborhood changes the restrictive covenants, we can't change that contract."

The covenant can only be changed by 70 percent of the owners of the subdivision.

The covenant says, "No lots shall be used except for residential purposes."

As the mayor explained to Randy Cartwright, senior associate pastor who represented the church, subdivision covenants supersede the council's power to rezone. All landowners who sign the covenants when they buy property in the subdivision are bound by them the way anyone is who signs a contract.

The spokesman for the subdivision residents at the meeting, attorney Steve Christiansen, said that if the church went through with its plans, he would file for an injunction to stop it.

Cartwright said he didn't know about the covenant. The mayor said that he should have a lawyer look at the covenant to see if there is any way the church could legally build the playground in the subdivision.

Christiansen, who lives in Westfield Subdivision, detailed the neighbors' objections: noise from the 125 children who use the existing Kid's Korner church day-care center, water runoff and possible increased traffic.

The church already operates the day-care center and has a playground, but it wants to move the playground to allow for more parking and future expansion of the church, Cartwright said.

He said the church planned to build a 6-foot privacy fence around the playground to reduce the noise the neighbors hear.

Cartwright said he was not prepared to face such opposition at the council meeting. Two neighbors came to the Planning and Zoning Commission meeting in August to object to it.

No neighbors came to object to a proposed halfway house that would operate as part of the Gibson Recovery Center, 1112 Linden. The Gibson Center has a contract with the Missouri Division of Probation and Parole to be a residential treatment center for prisoners who are within 90 days of their parole date to help ease them into the community, said Jeff Hine, an attorney for the center.

The Gibson Center operates residential drug- and alcohol-abuse rehabilitation programs and already houses parolees who are on probation in those programs. It has 20 to 24 people in those programs.

Under the contract, Gibson would house up to 20 additional clients, Hine said. It would be the first halfway house in Southeast Missouri.

Hine came before the council because it had already passed a first reading of a bill that would mandate that halfway houses get special-use permits and restrict them from being within 500 feet of schools, group homes, day-care centers, motels, residential neighborhoods and would limit the permits to one year.

Hine said the proposed ordinance is so restrictive it would be impossible to find a location for a halfway house.

"The offenders are coming back to our community whether we have this facility or not," said Debbie Cotner of the Missouri Division of Probation and Parole, who also spoke to the council. She said offenders who live in halfway houses are more likely to successfully re-enter society.

The council unanimously decided to table the proposed ordinance so it could study it further.

City Council Action

Tuesday, Sept. 2

Consent ordinances, second and third readings.

Accepted a permanent easement from Claude M. and Dorothy R. Foeste for a sanitary sewer line in the right of way of vacated Walker Street.

Vacated the city's interest in Walker Street and Audrey Drive.

Authorized the acquisition of property for the new Hopper Road alignment between Mount Auburn and Kage roads.

Directed the city manager to enter into a contract for paving Vincent Avenue, Flint Hill Road, Country Club Drive, Redwood Drive, Bevin Drive, Cedar Lane and Rand Street.

Established the boundaries of Lateral Sewer District No. 16-C.

Directed the city manager to enter into a contract for making sanitary sewer improvements in Twin Lakes Subdivision.

Amended Chapter 26 of the city code relating to seat belts in passenger cars.

Tabled a proposed amendment to Chapter 30 of the city code relating to halfway houses.

Granted special-use permits to Cape Girardeau Public Schools for maintaining and operating mobile classrooms at Clippard, Jefferson and Washington elementary schools.

Ordinance, first, second and third readings:

Granted a special-use permit for a church sign at 2403 Boutin Drive in an R-1 district.

New ordinances, first readings:

Accepting a general warranty deed for right of way for the detention reservoir portion of the Cape La Croix Creek/Walker Branch Flood Control Project.

Accepting a permanent easement and a temporary construction easement for a sanitary sewer lateral from Roger E. and Joannie B. Skinner.

Amending the city code relating to adoption of a comprehensive plan.

Changing the zoning of 2751 Thomas Drive from R-1 and C-2 to C-2.

Tabled a proposal granting a special-use permit for a church and day care playground at 3114 Dogwood Drive in an R-1 district.

Granting a special-use permit for a meeting building with shop and storage use at 1911 Woodlawn Ave. in an R-2 residential district.

Granting a special-use permit for a warehouse at 1134 N. Sprigg in an R-4 multiple family district.

Granting a special-use permit for a double-wide manufactured home at 810 College St. in an R-3 two-family residential district.

Levying the annual city revenue tax and Special Business District No. 2 tax for fiscal 1998.

Authorizing the city manager to execute a transportation enhancement fund agreement with the Missouri Highway and Transportation Commission for lighting on the Bill Emerson Memorial Bridge.

Annexing land to the city upon the request of the Cape Girardeau County Commission and Bruce S. Watkins.

Establishing the boundaries of the Twin Lakes special assessment water district.

Enacting section 29-102 of the city code relating to general sewer use requirements.

Establishing a no parking zone on New Madrid Street.

Accepting sewer easements for construction of a sanitary sewer trunk extension to serve Twin Lakes Subdivision and the proposed Notre Dame High School.

Resolutions, reading and passage:

Declared it necessary to make certain improvements in Lateral Sewer District 14-1-C-2.

Declared it necessary for the construction of a water main system to serve Twin Lakes Subdivision.

Authorized the city manager to execute an agreement with Drury Southwest for construction of the extension of Siemers Drive from Bloomfield Road to the new Missouri Route 74-Interstate 55 interchange.

Authorized the city manager to execute supplement No. 10 to Contract No. DOT-FA72CE-6619, between the city of Cape Girardeau and the Federal Aviation Administration.

Liquor License:

Conditional approval of retail liquor by the drink and Sunday sales for Dewayne Casey d/b/a Italian Grapevine, 118 Themis.

Granted the request of the Knights of Columbus for Tootsie Roll Days.

Other:

Recommended items related to the Southeast Missouri Hospital Neighborhood Water System:

Accepted the improvements to the Southeast Missouri Hospital Neighborhood Water System.

Granted to Robertson Inc. a 45-contract-day extension.

A motion to hold $7,350 in liquidated damages and to subtract this amount from Southeast Missouri Hospital's portion of the costs.

A motion authorizing final payment to Robertson Inc.