06-05-00 Health & Public Safety - Laserfiche WebLink

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I. 1 lommitte wort: 7 UUfJ a Zit §afttv (Committee The June 5, 2000 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Andrew Ujdak at 3:00 pm in the Council Informal Meeting room. Persons in attendance included Council Members Aranowski, Pfeifer, King, Ujdak, White and Kirsits; John Broden, City Attorney, Police Chief Larry Bennett, Ronald L. Ingle, Eric Gearhart, Carl Kay, Pam Little, Jim Frick, Les Fox, Patrick Mangan, Joseph P. Sergio, Sam Walsh, Felipe Merion, members of the news media, and Terry Bland of the $otttb Dolt tribute, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Ujdak welcomed everyone to the Committee meeting and noted that it was called as a "wrap-up meeting" on the Adult Business Ordinance proposed by the City Administration. He inquired whether everyone had received a copy of the proposed substitute Bill No. 00-28 prepared by City Attorney John Broden. Mr. Broden stated that it had only been sent to Council Member Ujdak and the Council Attorney. The Council Attorney suggested that before it is distributed that it be reformatted into ordinance form by including the "statement of purpose and intent" section with the elimination of the "whereas" format; and that it include a severability section. Council Member Ujdak requested that in light of the Mayor being out of town on June 12th when the Bill is scheduled for public hearing, that Mr. Broden consider continuing the bill until the first meeting in July. Mr. Broden stated that the Mishawaka ordinance had oral argument before the Honorable Judge Allen Sharpe of the U.S. District Court for the Northern District of Indiana on May 19th. That ordinance does contain the ten foot rules and distance regulations, however it is silent on alcoholic beverages. Council Member Ujdak asked the City Attorney to again address the issues of constitutional taking, pre-emption and the potential cost to the city if the ordinance is legally challenged. Mr. Broden noted that the substitute bill sets forth in the "whereas"clauses a summary of much of the information heard by the Health and Public Safety Committee. He stated that this would be reformatted into a proper "Statement of Purpose and Intent" and that it incorporates many of the items from other ordinances addressing adult businesses. With regard to the potential cost, he noted that Bruce Taylor is the attorney assisting the city of Mishawaka. He noted that he is doing that at no cost to the city of Mishawaka except for out-of-pocket expenses, plus a minimum fee arrangement. Mr. Broden stated that he does not anticipate the need for outside legal counsel. He anticipates that it would be a summary judgment type action with much of the research having been conducted during the preparation of the ordinance. Mr. Broden noted that the pre-emption issue would be one of first impression with regard to the alcoholic beverage issue. He noted that this is the more "difficult legal prong" of the ordinance. There are only two (2) Supreme Court cases in this area,and the O'Bannon case addresses a zoning issue as opposed to a licensing issue. Mr. Broden noted that if an injunction would be requested,the City would permit the adult businesses to continue to operate. The Council Attorney noted that a recent 9th Circuit Court of Appeals case addressing the City of San Diego's adult business licensing regulations was struck down since they did not incorporate language permitting the businesses to continue to operate while challenging the regulations legally.