Mayor Al Spradling III made it clear upfront: The Cape Girardeau City Council would not be dealing with the merits of a plan to build a new church on Old Hopper Road at Monday night's meeting.

"A city does not have any zoning authority over the construction of a church," Spradling told a cramped council chambers that seemed equally split between supporters and objectors. "We will only be dealing with the day-care aspect of the proposal."

And their vote may not even be the final word on that.

After a public hearing that lasted an hour, the council then voted to approve the day care with a 4-3 vote. But a petition of 226 signatures of opposition may be enough to require a supermajority approval, which would be at least five council votes.

City attorney Eric Cunningham said that would be the case if the petition represented 30 percent or more of the signatures who live within 185 feet of the property. Cunningham told the council that city staff would check into the matter and have an answer as soon as possible.

If the petition is valid, then the vote would not be enough to grant approval of the special-use permit to operate the day care out of the church, Cunningham said. Spradling questioned the petition's validity because of the wording that may have included opposition to the church.

Despite the uncertainty, Pastor Gary Brothers seemed pleased by the council's decision.

"We're moving on," he said afterward. "That's my only comment."

For weeks, First Assembly has been locked in an ugly fight with neighbors over its proposed 53.7-acre project along Old Hopper Road. Neighbors oppose the size of the church's project, which originally included an amphitheater and a sports complex.

That was removed from the project after the city Planning and Zoning Commission recommended eliminating them. Neighbors have said they think those things are still in the church's long-term plans.

Brothers spoke first at the hearing, sometimes drawing sneers and sarcastic mutterings from opponents and applause from supporters. Brothers tried to dispute accusations that the day care is simply a commercial endeavor that would greatly increase traffic.

"We pray, teach the Bible, it is part and parcel with our ministerial efforts," Brothers said.

Brothers said the daily attendance of the day care, called the Kids Korner Daycare and Infant Center, is about 115. He said that is less than what a subdivision would create.

Lot not meant to be full

Brothers did try to address concerns about traffic by saying that the 490 parking spaces and 1,000 seats in the church were not meant to be full at any one time.

"They won't park that tight unless it's Wal-Mart, and they won't sit that tight unless it's the movies," he said.

The no votes were councilmen Tom Neumeyer, Frank Stoffregen and Jay Purcell.

Neumeyer said he opposed the day care because of the sheer number of opponents.

"I have never seen opposition to a special use permit like this," he said. "I voted for it for the reasons the people were against it -- it will effect the character of the neighborhood and create traffic hazards."

Mark Lunbeck of 3719 Old Hopper Road was opposed to the project, which will sit right next to his home.

"Now we know who to vote for and who not to vote for," he said. "With this much opposition and to still approve it? So now all we are left to do is pray and hope the church is reasonable."