HALFWAY HOUSE PROPONENTS HAVE 10 DAYS TO SEEK PUBLIC HEARING

Proponents of a proposed halfway house at Gibson Recovery Center have 10 days to request a public hearing on the matter or the issue is over.

The Cape Girardeau City Council also voted Monday night to reject a liquor license application at the site of the former Peppy's nightclub.

The City Council voted unanimously to file the recommendation of the Planning and Zoning Commission rejecting the proposal for a halfway house serving clients of the Missouri Division of Probation and Parole at the Gibson Center.

Center officials had requested a special use permit and rezoning of the center's property at 1112 Linden St. to allow operation of the halfway house, which would serve up to 20 inmates receiving residential drug and alcohol treatment.

If Gibson Center and Probation and Parole officials don't request the hearing within the allotted time period, "it's dead, this time around," said Mayor Al Spradling III.

The Gibson Center is located next to the Parkview State School for the Severely Handicapped, senior apartments and the Head Start day care center.

Parents from the state school were especially outspoken in their opposition to the halfway house, voicing their concerns that its clients might try to assault one of the handicapped students at the school.

Councilman Tom Neumeyer said he hopes the issue "would be resolved" with Monday night's vote.

Neumeyer's wife, Terri, teaches at the state school and has been an outspoken opponent of the halfway house.

Neumeyer helped draft the current ordinance that outlines where such operations might be located -- specifically in almost any local commercial district. An earlier ordinance would have restricted halfway houses from almost every part of the city.

"I hope everyone understands that the opposition is not to the concept of the halfway house, but to the inappropriate location," he said.

The proposed location is "ludicrous" with its proximity to the school, the day care and the apartment complex, Neumeyer said.

Parents at the state school collected signatures from more than 800 people opposed to the Gibson Center location for the halfway house.

In other action, the City Council unanimously rejected an application by Doug Armour for a liquor by the drink license for Chance's nightclub, 823 S. Kingshighway, the site of the former Peppy's.

The council voted in December not to renew a probationary license for Peppy's, which was owned by Chester DeWayne Casey, because of the high number of police calls to the club.

Last month, the council rejected a request by Casey for a new license, and Casey has filed for bankruptcy.

Armour, the former manager of Peppy's, is owner of the new Chance's club. He asked council members for a "second chance," saying the club has a new staff and a new attitude to attract a "more mature" clientele.

The council followed Police Chief Rick Hetzel's recommendation and rejected the application.

Hetzel said he saw no compelling reason to change his recommendation.

The City Council also voted to approve a proposed new noise control ordinance on first reading.

The ordinance, which won't be up for final approval until the March 2 meeting, gives police officers the authority to initiate noise complaints and to confiscate into evidence devices such as radios, stereos or other equipment -- including vehicles -- that are producing the offending noise.

The new ordinance would apply to noise from a radio, television or similar devices creating a disturbance from 50 feet, from tools or construction work, model vehicles, work on motor vehicles or outdoor recreational activity.

The targeted time for enforcement is between 11 p.m. and 6 a.m.

Hetzel said enforcement of the ordinance will not be used as an excuse to harass anyone.

He said officers' enforcement of the ordinance will be "tempered with good reason and common sense."

Cape Girardeau City Council

Tuesday, Jan. 17

Cape Girardeau City Hall

Consent ordinances

-- Approved an ordinance authorizing the mayor to execute a Cable Channel 5 access and funding agreement with the city of Jackson.

-- Approved an ordinance authorizing acquiring property for the sanitary sewer improvement program project, lift stations and force mains.

-- Approved an ordinance naming East Weissinger Lane and West Weissinger Lane.

-- Approved an ordinance granting a special use permit to Marvin L. and Kathy J. Miller and Larry D. and Deborah L. Bruns for constructing and operating a workroom for the manufacture of slipcovers and related items at 911 N. Missouri.

-- Approved an ordinance changing the zoning of 1329 W. Cape Rock Drive from R-1 to R-4.

-- Approved an ordinance accepting an easement for roadway, utility, sewer and storm drainage purposes from P. David and Jerrie L. Gerlach and Randol Frams Development, Inc.

New ordinances

-- Approved an ordinance relating to noise control.

-- Approved an ordinance amending the boundaries of Ward 4 to include the properties of Michael A. and Bonnie C. Smith, 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 an ordinance authorizing acquiring property for the Cape Rock Water Treatment Plant expansion project.

-- Approved an ordinance vacating the city's interest in a utility easement in Rodney Vista Park subdivision.

-- Approved an ordinance accepting permanent easements from William H. and Karen S. Roussel, Nancy A. Welsh, Rodney W. Jueneman and Fred R. Jueneman for a water line upgrade in the East Rodney area.

Resolutions

-- Approved a resolution authorizing application to the Missouri Deaprtment of Natural Resources, Division of Environmental Quality, Solid Waste Management Program, for a recycling drop-off facility and authorizing the city manager to execute all necessary grant agreements.

-- Withdrew a resolution authorizing the city manager to execute an agreement with John L.E. Boardman, architect, for remodeling a building at 100 Broadway.

-- Approved a resolution acknowledging receipt of an annexation petition and setting a public hearing regarding the proposed annexation.

Appointments

-- Roy Jones, Fred Keller and Rick Lambert to the Cable TV Advisory Committee

-- Dan Little to the Board of Adjustment

-- James K. Withers to the Airport Advisory Board

Liquor License

-- Rejected application for a retail liquor by the drink license for Chance's Nightclub, Inc., 823 S. Kingshighway, Doug Armour, managing officer.

Other

-- Approved a motion accepting the addition of an auxiliary generator to provide back-up power to the Cape Rock Water Treatment Plant and authorizing final payment to K&K Electric Co., Inc.

-- Approved a motion approving the preliminary plat of LaCroix Meadows Business Park, LLC.

-- Discussed and placed on the March 2 agenda a proposed ordinance amending the City Code relating to animals.

-- Discussed and placed on the March 2 agenda a proposed ordinance amending the City Code relating to the licensing and sale of cigarettes and other tobacco products.

-- Filed the recommendation of the Planning and Zoning Commission to disapprove the request of the Gibson Recover Center, Inc., to rezone 1112 Linden St. from R-4 to to C-1, and for a special use permit for a 16- to 20-bed correctional residential facility for the state of Missouri in an unused wing of the resent facility, or in the alternative, a motion setting a public hearing on the request.

-- Discussed a proposed assessment policy for the Transportation Trust Fund Program.

-- Executive session for the discussion of property acquisition and potential litigation.