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05-10-00 Health & Public Safety
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05-10-00 Health & Public Safety
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
5/10/2000
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Council Member Ujdak then noted that the remainder of the Committee meeting would be <br /> devoted to reviewing items related to proposed Bill No. 28-00 which would amend Chapter 4, <br /> Section 18.5 of the South Bend Municipal Code regarding adult businesses. <br /> Police Chief Larry Bennett then reviewed the calls for services to nine(9)establishments, <br /> namely: Glo-worm,Knockers,Little Denmark,Adult Emporium, Torch,Peaches,Kitty Kat, <br /> Lipstick Lounge and Caparell's from May of 1999 to May of 2000(copy attached). He also <br /> briefly reviewed some of the police incidents for such establishments(copy attached). He noted <br /> that a comparison to other bars and taverns was also made with Corby's having 75 calls, Stude's <br /> having 105 calls,Moondogs having 45 calls and Pejza's having 75 calls. <br /> Council Member Ujdak then directed a series of questions to the Legal Department. He focused <br /> initially on the definition of"secondary harmful negative effects". Mr.. Broden noted that it was <br /> both a judicial and legislative in nature which has evolved over time. He does not anticipate <br /> putting a definition of it in the proposed ordinance. He noted that the 32 land use studies <br /> conducted over the past twenty(20)years provides a sound basis. <br /> Mr. Mangan noted that increased crime, decreased property values and increased blight were all <br /> proper criteria of secondary harmful negative effects. Additionally first hand knowledge of such <br /> conditions and the series of articles run in the South Bend Tribune on adult businesses would <br /> also be made of record. <br /> Mr. Broden stated that the Statement of Purpose and intent would reflect such historical data and <br /> therefore a definition would not be necessary. <br /> Council Member Kelly noted that the discussion on the secondary harmful negative effects has <br /> been ongoing in the community. <br /> In response to a question raised by Council Member Kirsits it was noted that the South Gateway <br /> area alone have twenty-five(25)vacant buildings, and that many of the properties on South <br /> Michigan have been devalued. <br /> Council President Pfeifer inquired into how you evaluate increased crime. Mr. Broden noted <br /> that the police reports show a high crime rate in these areas over others. He noted that the <br /> blueprint is established by the land use studies. <br /> The Council Attorney inquired whether a substitute version of Bill No. 28-00 would be <br /> forthcoming highlighting the increased crime, decreased property values and increased blight. <br /> Mr. Broden stated that a substitute bill would be filed with the Council by the end of the month <br /> incorporating such information and how it has affected the quality of life issues as well as the <br /> integrity of the neighborhoods. <br /> Discussion then took place on the Erie,PA. case which was not a restriction of time case. This <br /> case is important in light of its reaffirmation of secondary negative harmful effects and the <br /> power of local government to regulate through proper ordinances. Council Member Ujdak asked <br /> for a copy of the case for the committee. <br /> Health and Public Safety Committe Meeting Minutes of May 10,2000 <br /> Page 3 <br />
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