REQUEST TO ANNEX BEFORE COUNCIL

The Cape Girardeau City Council tonight will consider two resolutions related to the annexation of Twin Lakes subdivision, situated west of Interstate 55 off Hopper Road.

Also on the agenda is a contentious record plat for a subdivision that borders Lexington Avenue.

The Twin Lakes annexation was prompted by a petition circulated in the subdivision by property owners who favored annexation as a way to secure city water, sewer, utility and other services.

The council will consider a resolution that determines the area proposed for annexation meets state requirements of being "contiguous and compact to the existing city," said City Attorney Warren Wells in a letter to the council members.

Another resolution, if approved, would set a public hearing on the proposal for Dec. 7.

"At that time, the staff's plan of intent as well as the proposed ordinance of annexation will be presented," Wells said.

Twin Lakes is comprised of nearly 100 homes, and city officials have said the annexation could open up the west side of the Interstate for additional development and city expansion.

The record plat for the three-lot subdivision that's situated on the north side of Lexington, between Rampart Drive and Abbey Road, was removed from the agenda at the council's last meeting in October.

The city council previously has held that a dead-end street in the subdivision Kent Drive must be extended to Lexington to improve access in the Woodland Hills subdivision.

But the developer, P. David Gerlach of Randol Farms Development, has said the design of Lexington makes the Kent Drive extension too costly and impractical.

The record plat the council will consider tonight would provide for a church and potential residential development, and doesn't include the right of way for the Kent extension.

The city's Planning and Zoning Commission Oct. 14 approved the plat.

"It is recommended that the city council give first reading to the attached ordinance accepting the record plat for Woodland Place 9th subdivision," said City Planner Kent Bratton in a letter to the council.

In another letter to the council members, Gerlach said he previously planned to submit two plats one with the street penciled in and one without the route.

But he withdrew the proposals at last month's meeting when his attorneys told him a record plat that included the right of way would constitute dedication of the route.

"I would be dedicating the street, thereby giving up any potential financial redress via the condemnation process," Gerlach said. "It was our contention two years ago and remains so today that the design of Lexington has damaged my property so significantly that the development of the Kent Drive area would create a financial hardship."

Gerlach said the final design for Lexington benefited property south of the route at the expense of the area around Kent Drive.

He contended the right of way for Lexington isn't sufficient to lower the grade along the street so the connection with Kent Drive would be possible.

"The engineer did the best he could designing Lexington given the right-of-way parameters forced on him," Gerlach said. "However, the resulting impact on my property was disastrous."

Gerlach said he would like to see Kent Drive installed, but that given the topography and the elevations of Kent and Lexington, the extension would leave a grade of 13 percent, which exceeds city codes.

The developer said the completion of Lexington through the area, in addition to Abbey Road, which connects Woodland Hills to Lexington further west of Kent, provides sufficient access for the subdivision.

"Where there was one exit in Woodland Hills two years ago (when the council voted to extend Kent to Lexington), there are now three with a fourth on the way in the next two years," Gerlach added.

"Yes, it would have been great to have the Kent access to Lexington as this hookup would have benefited both subdivisions. The reality is that it is simply not possible for me to install this street and not incur a significant financial loss."

In other business the council will consider:

A resolution to authorize a contract with S.H. Smith and Company for engineering services for the South Sprigg Street Bridge Project.

Approval of plans for extension of water and sewer service to the new Cape Girardeau Nutrition Center site.

An ordinance approving the record plat of a minor subdivision of Cape Commercial Park, situated on Boulder Crest Drive and North Kingshighway.

An ordinance to establish an additional handicapped parking space on Broadway.

The council also will conduct public hearings regarding:

The request of property owners to rezone the 1200 blocks of Meadowbrook and Larry from heavy industrial to single family residential.

A request for a mobile home at the rear of the house at 1232 Larry Drive.

The request of the Cape County Private Ambulance Service for a special-use permit for a new facility adjacent to their existing building at 1458 N. Kingshighway.