COUNCIL REJECTS BUSINESS USE PERMITS

The Cape Girardeau City Council turned down two special-use permits for businesses in residential areas Monday night.

In other action, the council accepted funding for construction of a rail spur to serve BioKyowa Inc.'s expansion.

The council rejected applications for special-use permits for construction and operation of a dog-grooming business at 1608 William and for operating a business office with non-resident employees at 1531 Mississippi. Both locations are in solidly residential areas.

The city's Planning and Zoning Commission last month recommended approval of the applications.

Zoning commissioners suggested that Susan M. and Stephen D. Engelmann and Laurie Swain revise their original request for a rezoning of the William Street property because neither they nor the council would approve spot zoning, said commission chairman R.J. McKinney.

But council members said it is time the city be more consistent in enforcing zoning.

"How do we justify this" after turning down a request for a special-use permit to build an insurance office at Perryville and Lexington roads, also a residential area? asked Mayor Al Spradling III in the council's work session.

The council denied the insurance office request because of substantial neighborhood opposition.

"To me, this is the same concept: It's commercial in a residential neighborhood," said Councilman James "J.J." Williamson.

McKinney said the request by Jackie Ahrens for the Mississippi Street property would not change the appearance of the neighborhood. The office would be in an existing building next to a house on the property.

The dog-grooming business on William Street would have required construction of a 24-by-30-foot building behind the existing house.

No one voiced opposition to Ahrens' request, but neighbors did circulate a petition asking the council to deny the application for the dog-grooming business.

"We need to pay attention to these types of cases, and even though there's no opposition they always throw it back at us after the fact: You approved this one; why can't you approve mine?" Spradling said.

Both requests were unanimously rejected. Councilman Melvin Gateley abstained from voting on the William Street request. Gateley's wife, Ella, signed the request.

A third special-use permit was approved. The council voted to grant a permit to Marvin L. and Kathy J. Miller and Larry D. and Deborah L. Bruns for constructing and operating a workroom for manufacturing slip covers and related items at 911 N. Missouri.

Spradling explained that the Missouri Avenue property is a commercial structure that formerly served as a grocery store and had previously been approved for a day-care center, so the special-use permit was appropriate.

In other action, the council voted to accept a $445,300 community development block grant to help fund extension of the city's rail spur to serve BioKyowa's plant expansion. The council and Cape Girardeau County Commission already pledged to divide the $51,000 local match required for the grant.

The grant was awarded in September. The expansion will mean an additional 50 jobs at the plant.

Cape Girardeau City Council

Monday

Consent ordinances: Second and third readings

-- Approved temporary construction easements for the Cape La Croix Creek/Walker Branch flood control project.

-- Approved annexing land at the request of Larry D. Brown; Carl W. and Shirley A. Patterson, Horace L. and Robbie H. Eastman; Betty L. McCulley, trustee; and Paul C. and Barbara B. Horn.

-- Approved amending the City Code regarding fair housing.

-- Approved accepting a sewer easement and temporary construction easement from Clyde W. and Elizabeth L. Hughes to serve Cape Commercial Park Sewer District.

New ordinances: First readings

-- Approved authorizing the acquisition of property for the sanitary sewer improvement program project, lift stations and force mains. First reading.

-- Approved naming East Weissinger Lane and West Weissinger Lane. First reading.

-- Approved naming Elks Lane. First reading.

-- Approved on first, second and third readings accepting grant funding from the Missouri Department of Economic Development for a Community Development Block Grant project for construction of a rail spur extension to serve the BioKyowa expansion.

-- Approved a special-use permit to Marvin L. and Kathy J. Miller and Larry D. and Deborah L. Bruns for construction of a workroom to manufacture slipcovers and related items at 911 N. Missouri. First reading.

-- Rejected a special-use permit to Susan M. and Stephen D. Engelmann and Laurie Swain for construction of a dog-grooming business at 1608 William. First reading.

-- Rejected a special-use permit to Jackie Ahrens for maintaining and operating a business office with non-resident employees at 1531 Mississippi St.

-- Approved amending the City Code by rezoning 1329 W. Cape Rock Drive from R-1 to R-4. First reading.

-- Approved accepting easement for roadway, sewer, utility and storm drainage purposes from P. David and Jerrie L. Gerlach and Randol Farms Development, Inc. First reading.

Resolutions

-- Approved authorizing the city manager to execute a Community Development Block Grant administration contract with the Southeast Missouri Regional Planning and Economic Development Commission for the Biokyowa, Inc., expansion project. First reading.

-- Approved authorizing application to the Missouri Department of Social Services under the Emergency Shelter Grant Program for Safe House for Women Inc. and the Salvation Army, and authorizing the city manager to execute all necessary grant documents.

-- Approved authorizing the city manager to execute a letter of agreement with Southeast Missouri State University for an inventory of historic buildings.

Liquor license

-- Granted conditional approval for a retail liquor by the drink and Sunday sales license for Cape Elks Lodge 639, 639 Limbaugh Lane, Ray J. Drury, managing officer.

Other

-- Discussed a proposed ordinance amending the City Code relating to noise control.

-- Accepted the improvements for the 1996 slurry seal program and authorizing final payment to Missouri Petroleum Products Co.

-- Accepted the improvements for the College/Henderson South CSO portion of the sanitary sewer improvement program phase I, and authorizing final payment to Robinson Construction Co.

-- Went into closed session to discuss litigation.