COUNCIL ADDRESSES BUDGET, CITY CHARTER

The Cape Girardeau City Council tonight will consider amendments to the city code to levy charges for special trash pickups and city lugger service.

The amendments also would increase the tipping fee at the transfer station and landfill. A new Missouri law imposes a $1.50 per ton surcharge for all trash taken to landfills, and the local measure would enable the city to pass the cost on to its transfer-station customers.

In other business, the council will discuss a proposal to ban smoking in grocery stores and proposed amendments to the city charter. The amendments have been recommended by the Cape Girardeau County League of Women Voters.

The proposed changes to the city's solid waste law reflect a recently completed city Solid Waste Management Plan. The plan proposes that fees be charged for "Wednesday Special" curbside bulk trash pickup and service to large, six-yard lugger trash containers.

Both services now are free to residents.

Charges for the Wednesday special pickup would be $5 for "light pickup" that could be handled by a single worker or $10 for "heavy pickup," which would require additional workers. The service would be provided by appointment.

The lugger service would be billed at $40, which, according to Public Works Director Doug Leslie, reflects "the approximate actual cost of providing the placement, pickup and dumping of the large container."

Other items addressed in the ordinance include the placement of containers at the curb the night before pickup, and securing of the containers to prevent blowing and spreading of refuse.

The no-smoking issue has been before the City Council since May 6, when a no-smoking law was proposed by a Southeast Missouri State University class. Since then, City Attorney Warren Wells has researched the legal issues raised by such a proposal.

In a letter to the council, he said that, generally, cities can ban smoking if it's "reasonably related to preservation of public health because of the confining nature of the place to be regulated or because of danger from fire."

Wells said that the courts have been divided on the validity of ordinances that ban smoking in public places.

"In some instances, blanket prohibitions of smoking in any form on streets or public places have been held unconstitutional," he said. "On the other hand, ordinances have been upheld regulating smoking in particular locations such as streetcars, taxicabs or elevators."

He said private businesses, though, have an absolute right to ban smoking on their premises if they so desire.

In regard to the proposed amendments to the city charter, the League of Women Voters presented a set of recommendations at the council's April 15 meeting.

The council tonight will discuss whether to appoint a charter commission, such as the one that drafted the city charter in 1980, or propose the specific recommendations outlined by the league.

Amendments to the charter also can be called for by petition of city residents.

If any amendments are proposed, they would be subject to voter approval in a citywide election.

Also on the agenda for tonight's council meeting is a public hearing on the proposed 1991-92 city operating budget.