HomeMy WebLinkAboutCouncil.Minutes.07-20-1992.Regular 286
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $ession July 20, 19 92
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REGULAR SFSSION - JiJLY 20, 1992
Council convened in regular session on Monday, July 20, 1992, at 7:30 p.m. with Mayor
Francis E. Rhodes presiding and Council members Melvin Gateley, Melvin Kasten,
David Limbaugh, A1 Spradling III, and Mary Wulfers present. Doug Richards was
absent.
Prior to the regular session, Council convened in executive session for purposes of
discussing litigation and real estate upon Mr. Gateley's motion, Mr. Limbaugh's second,
and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
The Invocation was presented by Rev. Bruce Edwards, Centenary United Methodist
Church. The Pledge of Allegiance was led by girl scouts from Troop #64, St. Vincent
De Paul School.
The minutes from the July 6, 1992, Regular Session and Executive Session were
approved upon Mr. Limbaugh's motion, Mrs. Wulfers' second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regarding a petition for voluntary annexation
of real estate located on Route W approximately 1,000 feet south of its intersection with
Perryville Road and owned by Union Elecric Company and Thomas E. Hamilton and
Ceclia A. Lamp-Hamilton, the hearing was opened. There being no appearances, the
hearing was closed.
This being the date set for a public hearing regarding the necessity of making certain
sewer improvements in Lateral Sewer District No. 14-1-F-1, the hearing was opened.
Mr. Kensey Russell, City Engineer, stated that he had received letters from
O'Loughlin, O'Loughlin and McManaman; Dr. Yong Kie Kim; and the State
Department of Health(Cape Girardeau County Health Department),regarding this
project. Copies of these letters are attached to and made a part of these minutes.
There being no further appearances, the hearing was closed.
Mr. Craig Felzein, 2916 Bella Vista, appeared before the Council on behalf of the
United Way Board of Directors. Mr. Felzein requested that volunteers be given
permission to sell newspapers on street corners between 6:00 a.m. and 12:00 p.m. on
September 15, 1992, for "Project YELL" (Youth, Education, Learning, Literacy).
Permission was granted upon Mr. Limbaugh's motion, Mrs. Wulfers' second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays,
I none.
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Mr. Gary Arnold, 2114 Cambridge, appeared before the Council and requested that
BILL NO. 92-151, An Ordinance approving the record plat of Sweetbriar Estates, be
declared an emergency measure.
BILL NO. 92-151 was given first, second, and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF SWEETBRIAR ESTATES
A motion was made by Mr. Spradling and seconded by Ms. Wulfers to declare BILL
NO. 92-151 an emergency measure pursuant to Section 3.15(a) of the City Charter and
to approve the first, second, and third readings of BILL NO. 92-151. The motion was
approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none. BII,L NO. 92-151 is ORDINANCE NO. 1202.
Mr. John Schmoll, Southeast Discount Golf, 1900 N. Kingshighway, appeared before
the Council regazding sewer improvements in Lateral Sewer District No. 14-1-F-1. Mr.
Schmoll expressed concern that he would not get the most benefit fmm the sewer
improvements because most of his property is in the floodplain or floodway. Mr.
Schmoll emphasized that he is in favor of the project, but requested that his assessment
be reduced. His attorney, Mr. Jim Tweedy, stated that an exception had been made on
the assessment for the Cape Girardeau Country Club in a similar situation. City staff
advised that it would be best to proceed with the project and make a decision regarding
this request when the project is complete and the ordinance authorizing the assessments
is placed on the agenda.
Mr. Lawrence Godfrey, 1732 Rampart, appeared before the Council regarding a
petition being circulated to amend the City Charter. He asked what the deadline would
be for him to submit the petition in order to have it placed on the November ballot. He
specif'ically asked about the amount of time it would take to verify the signatures. Mr.
Ron Fischer, City Manager, stated that the signatures were verified by the Cape
Girardeau County Clerk and suggested that he contact Mr. Rodney Miller to fmd out
how long it would take. Additionally, Mr. Warren Wells, City Attorney, was instructed
� to respond to Mr. Godfrey's question regarding the deadline for submission of the
petition.
Mr. Godfrey also stated that he had been having problems with wild animals getting into
his trash. Mr. Fischer stated that Mr. Godfrey could contact one of the animal wardens
at the Police Department for assistance.
Mr. Godfrey suggested that doctors and lawyers be required to be licensed by the City.
Mr. Wells responded that Missouri State Statutes prohibited this.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Recrular $eSSIOn Jul� 20, 19 —2�
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Mr. Glen Smart, 1306 Sonnet Drive, appeared before the Council regarding BILL NO.
92-137, An Ordinance amending Chapter 13 of the Code of Ordinances relating to
abatement of nuisances, and BILL NO. 92-138, An Ordinance amending Chapter 22 of
the Code of Ordinances relating to excessive weed growth. He expressed concern with
regard to repeat offenders.
Mr. Tom Mogelnicki appeared before the Council regarding BILL NO. 92-137, An
' Ordinance amending Chapter 13 of the Code of Ordinances relating to abatement of
nuisances, and BILL NO. 92-138, An Ordinance amending Chapter 22 of the Code of
Ordinances relating to excessive weed growth. He sta.ted that he owns property in the
City that has not been developed. He stated that he does not keep the pmperty up and
expressed concern that he would have to because of these ordinances.
A motion was made by Mr. Spradling and seconded by Dr. Kasten that the Council
forward the Convention and Visitors Advisory Board's recommendation to the Parks and
Recreation Advisory Board to pursue the sports theme for use of excess funds and report
back to the Council within a reasonable tune. Further, that representatives of the
Convention and Visitors Advisory Board be present at the next City Council meeting to
answer questions concerning their recommendations.
A motion was made by Mayor Rhodes and seconded by Mr. Gateley to amend the
original motion by adding that action be delayed until after the Convention and Visitors
Advisory Board has appeared at the next City Council meeting to answer any questions
regarding their recommendations. The motion failed upon the following roll call vote:
Gateley, Aye; Kasten, Nay; Limbaugh, Nay; Rhodes, Aye; Spradling, Nay; Wulfers,
Nay.
Following discussion, a motion was made by Mr. Gateley and seconded by Mayor
Rhodes to close debate. The motion failed upon the following roll call vote: Kasten,
Aye; Limbaugh, Nay; Rhodes, Aye; Spradling, Nay; Wulfers, Nay; Gateley, Aye.
Mayor Rhodes stated that the motion failed due to the lack of two-thirds of the majority
voting affirmatively.
Following further discussion, Mr. Spradling's original motion was approved upon the
following roll call vote: Limbaugh, Aye; Rhodes, Nay; Spradling, Aye; Wulfers, Aye;
Gateley, Nay; Kasten, Aye.
Mayor Rhodes stated that he met with the Economic Industrial Development Committee,
which consists of Cape Girardeau County, City of Cape Girardeau, City of 7ackson, City
of Scott City (because they have real estate in Cape Girardeau County), Jackson Chamber
of Commerce, Cape Girardeau Chamber of Commerce, and Scott City Chamber of
Commerce, with regard to jointly supporting an economic industrial developer for the
entire area. He stated that the comments were that Cape Girardeau County and the City
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of Cape Girardeau should both fund this project at $50,000 a year, and $20,000 would
come from 7ackson and their Chamber, $25,000 would come from the Cape Girardeau
Chamber, and $5,000 from Scott City and their Chamber. His formal motion was as
follows, "That we would commit, if everybody else does and this becomes a reality, that
the City of Cape Girardeau would fund this program to the tune of$50,000 for economic
industrial development. That would be, we all should be working together through one
entity to bring industry to this area." Discussion clarified that the City of Cape
Girardeau would commit $50,000 per year for a three year period.
Mr. Gateley expressed his opinion that this subject should be placed on the agenda and
be reviewed by the City staff before a decision is made.
After discussion, the motion was approved upon the following mll call vote: Rhodes,
Aye; Spradling, Aye; Wulfers, Aye; Gateley, Nay; Kasten, Aye; Limbaugh, Nay.
Mayor Rhodes announced that the first City Council meeting in September would be held
on Wednesday, September 9, 1992, due to the Labor Day holiday.
Mr. Glen Kinder appeared before the Council regarding sewer improvements in Lateral
Sewer District No. 14-1-F-1. Mr. Kinder expressed concern regarding the method in
which the project would be paid for. City staff advised that it would be best to proceed
with the project and discuss this issue when the project is complete and the ordinance
authorizing the assessments is placed on the agenda.
The following ordinances were given second and third readings as follows:
Bn..L 2_ 1
N0. 9 127 AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS,
EASEMENTS AND AN ASSIGNMENT EXECUTED BY
UI�TION ELECTRIC COMPANY IN CONNECTION WITH THE
CITY'S PURCHASE OF THE WATER SYSTEM
BILL NO. 92-130 AN ORDINANCE AMENDING SCHEDULE C OF SECTION
26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON
CAROLINA LANE, GRANDVIEW, DAVID STREET,
LONGVIEW DRIVE AND DELWIN STREET, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BII.L NO. 92-133 AN ORDINANCE ACCFPIING GF.NRRAi. WAF:RANTY
DEEDS FROM FRANK W. HICKS AND EDNA O. HICKS; J.
ROBERT MAXWELL AND MARY JANE MAXWELL; AND
KENNETH J. VOEPEI. AND JLTDITH A. VOEPEL FOR THE
� CAPE LA CROIX CREEK/WALKER BRANCH FLOOD
j CONTROL PROJECT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Jul� 20, 19 ��
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BILL NO. 92-132 AN ORDINANCE ACCEPTING PERMANENT EASIIVIENTS
AND TEMPORARY CONSTRUCTION EA5EMENTS FROM
MARK L. VVERNER; AND CHARLES HOPKINS AND FERN
HOPKINS FOR THE COLLEGE-JEFFERSON COMMiTNITY
BLOCK GRANT SEWER PROJECT
BILL NO. 92-134 AN ORDINANCE ACCEPTTNG A CONSTRUCTION
EA5EMENT AND A PERMANENT EASEMENT FROM
FLORIAN J. ARMSTRONG AND GRACE ARMSTRONG; AND
ACCEP'TING A GFNF—RAi_. WARRANTY DEED, A
TII��IPORARY CONSTRUCTION EASEMENT, AND A STORM
DRAINAGE EASEMENT FROM PIONEER DEVELOPMENT
AND ORCHARD COMPANY FOR THE SOUTHWEST TRUNK
SEWER PROJECT, PHASE II, SECTION II
BILL NO. 92-135 AN ORDINANCE ESTABLISHING THE BOUNDARIFS OF
LATERAL SEWER DISTRICT NO. 14-1-F-1, A SUBDIVISION
OF TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE
PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SYSTEM OF SAIVITARY LATERAL SEWERS IN SEWER
DISTRICT NO. 14-1-F-1, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 92-140 AN ORDINANCE ESTABLISHING TI� BOUNDARIES OF
TRUNK SEWER DISTRICT NO. 14-1-F, A PART OF TRUNK
SEWER DISTRICT NO. 14-1, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 92-141 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS
AND TII��ORARY CONSTRUCTION EASEMENTS FROM
AUBURN PROFESSIONAL PROPERTIES;7ESSE R. RAMSEY,
D.O.; FIRST PENTECOSTAL CHURCH; ALAN D. FARROW
AND MARTHA K. FARROW; AND MELVIN H. SCHIVIIDT
AND DORIS 7. SCHIVIIDT FOR THE MT. AUBURN/KAGE
ROAD SAI�TITARY SEWER EXTENSION
The second and third readings of BILL NOS. 92-127, 92-130, 92-133, 92-132, 92-134,
92-135, 92-140 and 92-141 were approved and the ordinances adopteri upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-127 is
ORDINANCE NO. 1203, BILL NO. 92-130 is ORDINANCE NO. 1204, BILL NO. 92-
133 is ORDINANCE NO. 1205, BILL NO. 92-132 is ORDINANCE NO. 1206,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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BII.L NO. 92-134 is ORDINANCE NO. 1207, BILL NO. 92-135 is ORDINANCE NO.
1208, BII.L NO. 92-140 is ORDINANCE NO. 1209, and BILL NO. 92-141 is
ORDINANCE NO. 1210.
i� BILL NO. 92-137 was given second and third readings as follows:
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; AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES
� RELATING TO ABATEMENT OF NUISANCES
A motion was made by Mr. Gateley and seconded by Mrs. Wulfers to accept
amendments to the Ordinance as stated by Mr. Wells. The motion was approved upon
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers.
Nays, none.
� The second and third readings of BILL NO. 92-137 were approved and the ordinance
� adopted upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling,
I, Wulfers. Nays, none. BILL NO. 92-137 is ORDINANCE NO. 1211.
BILL NO. 92-138 was given second and third readings as follows:
, AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
I RELATING TO EXCESSIVE WEED GROWTFi
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A motion was made by Mr. Spradling and seconded by Mrs. Wulfers to accept
amendments to the Ordinance as stated by Mr. Wells. The motion was approved upon
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers.
Nays, none.
The second and third readings of BILL NO. 92-138 were approved and the ordinance
adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO.
92-138 is ORDINANCE NO. 1212. �
BILL NO. 92-152 was given first reading as follows: ��
AN ORDINANCE PERTAI1vING TO TI�LICENSING OF PERSONS ENGAGED IN
THE CONSTRUCTION TRADES
The first reading of BILL NO. 92-152 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSiOn July 20. 19 ��
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BILL NO. 92-150 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY
CODE, BY PLACING STOP SIGNS ON PERRYVILLE ROAD AND LEXINGTON
AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 92-150 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
BII.L NO. 92-149 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
WRECKER SERVICE AGREEMENT WITH SEABAUGH'S AUTO REPAIR &
WRECKER SERVICE
The reading of BILL NO. 92-149 was approved and the resolution adopted upon Mr.
Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, 5pradling, Wulfers. Nays, none. BILL NO. 92-149 is
RESOLVTION NO. 738.
A motion was made by Mayor Rhodes to appoint Melvin Gateley to serve on the Solid
Waste Management District Board. Following discussion, Mayor Rhodes withdrew his
motion.
� A motion was made by Mr. Gateley and seconded by Mrs. Wulfers to appoint Al
Spradling III to serve on the Solid Waste Management District Board. The motion was
approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
A temporary 5� beer by drink license was granted to the Cape Girardeau Jaycees for
the Kohlfeld Capaha Baseball Tournament, July 24-26, 1992, upon Mr. Spradling's
motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none.
BII.L NO. 92-153 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT EA5EMENTS AND TEMPORARY
CONSTRUCTTON EASEMENTS FROM HAROLD R.MEYR AND DOLORIS MEYR;
70 WAYNE STRACK; JO ANNA PEEK AND DORTHA STRACK; HAROLD A.
STRACK AND DOROTHY JANE STRACK; HAROLD ALBERT STRACK AND
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reqular Session July 20, 19 92
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DORTHA JANE STRACK; AND HAROLD A. STRACK, DORTHA JANE STRACK,
ALAN DALE STRACK, AND LISA A. STRACK FOR THE UPPER CAPE LA
CROIX TRUNK SEWER PROJECT, PHASE 4, SECTIONS I AND II
The first reading of BILL NO. 92-153 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
BILL NO. 92-154 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS FIFTH
� ADDITION
The first reading of BILL NO. 92-154 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain),
Rhodes, Spradling, Wulfers. Nays, none.
Conditional approval of a temporary 5% beer by drink license for the Muscular I
I Dystrophy Association for an event at the A.C. Brase Arnea Building on August 1, 1992,
was granted upon Mr. Spradling's motion,Mrs. Wulfers' second, and the following vote:
Ayes, Gateley, Kasten, Lunbaugh, Rhodes, Spradling, Wulfers. Nays, none.
There being no further business, the meeting adjourned upon Mr. Spradling's motion,
Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
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Francis E. Rhodes, Mayor
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Juli A Da1e, Deputy City Clerk
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Regular Session - July 20, 1992
294
O'LOUGHLIN, O'LOUGHLIN & McMANAMAN
wrroxrr�rs wTi,ww
1736 NORTH KINGSHIGHWAY
CAPE GIRARDEAU,MISSOURI 63701
TOM K O'LOU�NLIN 11 314/334-9104
J.PATR�CK O'IOUGHL�N FAX 91�/334-5250
KENNETH C.MoMANAMAN• ,� •ADMrtTED�N MI�60URt,
FlA1110A AND DI{TRICT OR COWMlU
July 10, 1992
J. Rer.sey Russell, P.E.
City Engineer
City of Cape Girardeau
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702
RE: North Kingshighway/Route W Sewer Proposal
Dear Mr. Russell:
Please be advised that this firm, at 1736 North Ringshighway,
has an adequate septic and drainage field and has no need for the
proposed sewers. For this, and other reasons, we object to the
project and do not intend to participate nor connect to the sewer.
Sincerely,
O'LOUGHLIN, O'LOUGHLIN & McMANAMAN
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Tom K. O'Loughlin II
TKO:tg
Regular Session - July 20, 1992 295
CAPE
NEUROSURGICAL ASSOCIATES, P.C.
PRACTICE LIMITED TO NEUROSURGERY
3129 BLATi'NER DR1VE
CAPE GIRARI]EpU,MO 63�01
PHONE 314/339-0900 i
YONG KIE KIM,M.D.,F.A.C.S. DAVID G.YINGLING,M.D.
July 13 , 1992
City of Cape Girardeau
Mr. J. Kensey Russell, P.E.
P.O. Box 617
Cape Girardeau, MO 63702-0617
Dear Mr. Russell,
I am in receipt of your letter of July 9, 1992 . I am all for the City
doing the pro�ect. $0. 042 seems to be very expensive, but we will have to
pay whatever it costs.
My concern is that I have onl� seven acres of land on the south side of
the creek where the sewer trunks will run, but only one and one half acres
are out of the flood zone, and -the rest of them are in the flood zone. I
was wondering why this non-usable land is to be calculated as a sewer dis-
trict. It would be only fair if the City calculates only the useful land,
outside of the flood zone where buildings are allowed to be erected.
I tried to clean the creek and dig out some dirt from the creek bottom
without moving the way the creek runs, but the City engineers are not allow-
ing me to do that and I am not sure how in the world I can gain any dirt to
make to flood zone useful. If we clean the creek, it will be still good for
the creek and good for my property on each side of the creek.
I would appreciate it very much it you would consider the above con-
cerns of our property owners.
Sincerely,
���
ong Kie Kim, M.D.
YKK/rmm
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.. Regular Session - July 20, 1992 , 296
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' PHONE 335-7846
CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER
1121 Linden Street
Cape Girardeau, Missouri 63701
tiay 21, 1992 �
• � Kent Bratton
City of' Cape Girardeau �
401 Independence
C�pe Girardeau, Ii0 63701
Dear Iir. Bratton
Please find enclosed the sevage survey report for the Cape
LaCroix Creek Matershed that representatives of the �issouri
Department of Health and Cape Girardeau County Health Department
perf or�ued on ?tay 4, 1992.
Over half of the systems surveyed vere failing at the time of the
survey. Some of the functioning systems can be expected to fail
i.f vater usage changes. Me also think that the O'Loughlin
property has rastevater leaving the property since there is not
space available on the site for a system. I suggest contacting
them and requesting that they verify that they have a functioning
system.
Please co�tact our office if you have any questions.
Sincerely,
�G (�' K
ci.��-2i ��
Diane Gregory
Environmental Sanitarian
J?i:bg
cc: S.E. District Health Office
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