TAX, STRIP BAR MEASURES ON AGENDA

A proposed half-cent state transportation tax, a go-cart track and ordinances dealing with strip bars will be among items discussed at tonight's City Council meeting.

Cape Girardeau Mayor Al Spradling III requested the council consider placing a half-cent transportation tax on the ballot in time for a June 6 vote to help pay for road projects.

Spradling presents two possible scenarios: A seven-year, one-half cent sales tax to generate $24.3 million, and a 10-year tax to raise $36.3 million.

The seven-year tax would allow the council time to re-evaluate additional transportation needs in the community, and if necessary, to extend the tax for other capital improvement needs. The other proposal allows for a one-time sales tax for a 10-year period.

Because the city has already designated transportation projects totaling $8 million in its five-year capital improvements program, and has an unfunded "wish list" that would cost an estimated $17 million, Spradling said now is the time to consider the tax proposal.

"We don't have sufficient ongoing revenue to pay for all of the projects that need to be taken care of in the next 10 years," Spradling said. "We need to have a heightened awareness of the amount of traffic we're having on our streets, which are taking a beating. The growth that we're seeing shows that we need to address this issue now."

Similar transportation tax issues were defeated in August 1986 and 1987. In the first electin, 48.7 percent of the voters wanted the sales tax, a percentage that dropped to 45.8 a year later.

State law would permit the use of the tax revenue for construction, reconstruction, repair and maintenance of streets, roads, and bridges, for improvements to the airport, and for land and rights of way acquisition for such facilities.

If the council votes to put the sales tax issue before the voters, a list of priority street projects in all sectors of the community would be prepared.

The list would be compiled based on recommendations from the council, city staff, planning and zoning commission, chamber of commerce surface transportation committee and citizens.

The council would have to notify the County Clerk by April 11 to get the tax proposal on the ballot for a June 6 vote.

New strip club measures possible

City Attorney Warren Wells has supplied council members with a newsletter published November 1993 titled "Regulating Conduct Associated with Juice Bars: A New Twist To an Old Dance."

Wells said the article explains the legal issues involved in attempts to regulate so-called strip bars and gives some examples of regulations that have been upheld in court challenges.

The article also addresses the proper motivation for attempts to regulate conduct in these establishments and gives an example of one city that had its otherwise valid ordinance thrown out by the courts.

The article said, "It is clear that nude and seminude dancing are entitled to at least some protection under the First Amendment. Nevertheless, governmental entities may still regulate the type of activities occurring at juice bars."

Juice bars aren't under the jurisdiction of state liquor control because they don't serve alcohol.

The key to enacting regulations to stand up to constitutional scrutiny involves identifying legitimate "secondary effects" of nude and seminude dancing.

In a case involving a bar called Fantasies, two ordinances were enacted that prohibited fondling and caressing between dancers and patrons and required that dancing take place at least 10 feet from patrons. In addition, all dancing would have to take place on a stage at least two feet above the floor. Another provision of the ordinance would prohibit patrons from tipping the dancers.

Dancers at Regina's House of Dolls and the Alibi Club in Cape Girardeau aren't required to adhere to such restrictions.

The juice bar challenged the ordinances by saying it violated their "freedom of expression" rights.

The Ninth Circuit Court of Appeals rejected the plaintiff's contention by saying that the purpose of the ordinances were to "prevent patrons and dancers from negotiating for narcotics transfers and sexual favors on the premises of an erotic dance studio."

But Akron, Ohio, failed to identify such secondary effects, and its ordinance was thrown out.

Go-cart race track before council again

The council will consider a request for a special-use permit for a go-cart race track at 610 S. Commercial St.

The planning and zoning commission, at its Jan. 11 meeting, voted unanimously to recommend approval of the special-use permit.

The last time a company attempted to build a go-cart track in Cape Girardeau, the council elected not to put the measure to a vote. The key issue was the amount of noise generated by a track proposed for the corner of Kingshighway and Lexington.

Now, Kuss Land Development Co. is attempting to build a 3.03-acre track that is 280- feet-by-168-feet on a tract 350 feet north of the new four-lane Mississippi River bridge route.

A memo sent to the planning and zoning commission noted that the noise level from the new highway would exceed that generated by the go-cart track.

The developers hope the property is far enough away from residential property to avoid the controversy that killed the last proposed go-cart project.