CITY COUNCIL GIVES FIRST NOD TO ADULT-BUSINESS ORDINANCE

The Cape Girardeau City Council took only a few minutes Monday night to approve a measure regulating adult businesses.

The council acted quickly at the start of the meeting at City Hall, giving unanimous approval to first reading of the ordinance.

Final approval is expected to come at the next meeting, ending weeks of discussion.

Mayor Al Spradling III opened and quickly closed a public hearing on the measure when no one spoke up from the audience.

The action angered lawyer David Rosener, who showed up just a few minutes after the start of the meeting. Rosener represents Regina's House of Dolls, a strip-tease bar that recently opened in Cape Girardeau. Rosener said the measure would put Regina's out of business.

Rosener accused the council of starting the meeting early. But Spradling insisted that the public hearing had started at 7:30 p.m. as scheduled.

Rosener has repeatedly said that the proposed law is unconstitutional.

He said so again Monday night. "At this point it is clear the City Council is trying to railroad adult businesses out of town.

"It is quite clear to me this council is trying to legislate morality," he said. "Quite frankly, I am repulsed by it."

Rosener asked the council to disclose a secret memorandum from City Attorney Warren Wells that discusses the issue of regulating adult businesses. But Spradling said the council has a right to withhold memorandums related to legal matters.

Councilman Melvin Gateley said he was proud of the council's move to regulate and license adult businesses.

Those who violate the ordinance face a maximum fine of $500 or three months in jail, or both for each violation.

ACTION

Monday, March 20

City Hall, 401 Independence

Public hearing

- The licensing and regulation of adult businesses within the city of Cape Girardeau, establishing fees and providing penalties for violation.

Appearances

- Public Library board

- Vision 2000 Community Relations Council annual report

Consent ordinances

- Changed the zoning of 134 and 136 S. Pacific from R-4 to C-2. Second and third readings.

- Granted a special use permit to construct, maintain and operate a greenhouse at 134 and 136 S. Pacific. Second and third readings.

- Granted a special use permit to St. Vincent De Paul of Springfield-Cape Girardeau to construct, maintain and operate an addition to church facilities at 741 Forest Avenue. Second and third readings.

New ordinances

- Approved the record plat of Katie's First subdivision. First, second and third readings.

- Approved the record plat of Giboney Woods third subdivision. First reading.

- Approved the record plat of Kuss Fun Park subdivision. First, second and third readings.

- Established bridge weight limits. First reading.

- Accepted a permanent easement from Sydney R. and Marilyn Pollack for the Independence Street right turn lane extension. First reading.

- Authorized an agreement with the Missouri Highway and Transportation Commission for a grant to fund a general public transportation project under the Federal Transit Act. First reading.

- Enacted a new article of Chapter 15 providing for the licensing and regulation of adult businesses within the city, establishing fees and providing penalties for violations. First reading.

- Received an annexation petition and set a public hearing regarding the proposed annexation of Cape Girardeau Lodge No. 639 Benevolent and Protective Order of Elks. Reading and passage.

- Received an annexation petition and setting a public hearing regarding the proposed annexation of Constance W. Harris Revocable Living Trust. Reading and passage.

- Authorized the city manager to execute a memorandum of understanding concerning section 18 transit funding allocation with Southeast Missouri State University. Reading and passage.

- Authorized applications to the Missouri Department of Social Services under the Emergency Shelter Grant program for Safe House for Women Inc. and the Salvation Army, and authorizing the city manager to execute all necessary grant documents.

- Amended state block grant agreement with the Missouri Highway and Transportation Commission for airport improvements. Reading and passage.

- Adopted an order of the City Council pertaining to proposed cable television rate increases for basic tier services. Reading and passage.

Appointments

- Appointed Stanley Dennis Comer as an alternate member of Board of Examiners.

- Appointed Felix Kinsley, John Layton and Danna Cotner to the Historic Preservation Commission.

Other

- Set a public hearing on the recommendation of rejection by the Planning and Zoning Commission regarding the request of Anna M. Whitley and Albert L. Bell for a special use permit for a mobile home at 1015 North Lorimier Street in an R-2, single family residential district; or in the alternative a motion setting a public hearing on request.

- Approved the preliminary plans for streets, storm and sanitary sewers for the Target Store development.

- Approved the preliminary plat of Cape West Seventh subdivision.

- Approved the preliminary plat of Etherton subdivision.

- Approved the metering work at the Ramsey Branch Water Treatment plant and authorizing final payment to K & K Electric Company Inc.

- Approved design development drawings submitted by Prestige Air Services.