HomeMy WebLinkAbout06-12-00 Health & Public Safety Qommitt ort:
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The June 12,2000 meeting of the Health and Public Safety Committee was called to order
by its Chairperson, Council Member Andrew Ujdak at 5:05 p.m. In the Council Informal Meeting
room.
Persons in attendance included Council Members Aranowski, Pfeifer, Kelly, King,
Varner, Ujdak, and White;Terry Bland of the &nab Vt1111 grit n , and Kathleen Cekanski-
Farrand, Council Attorney.
Council Member Ujdak noted that he had spoken with City Attorney John Broden at 2:15
p.m. And that he was to file a written request to continue Bill No. 00-28 addressing the licensing
of adult businesses.
Council Member Ujdak noted that everyone should have received a draft of proposed
changes to the bill which were placed in each Council Member's mail boxes last Wednesday. He
requested everyone to review this proposals so that they could be discussed. He also noted that
Council Member White had the opportunity to talk with the Attorney General last week when she
was in town and formally requested an attorney general's opinion on the matter. Council Member
Ujdak noted that the Indiana Attorney General's office had been in contact with him last week and
the they were working on the Council's request. It is anticipated that the advisory opinion should
be received by June 30, 2000.
The Council Attorney raised the issue of payment for the services of the "constitutional
scholar"which was suggested at last Monday's Committee meeting. Dr. Varner suggested that the
fees be split between the Administration and the Council. Council President Pfeifer agreed with
that arrangement since the proposed ordinance was initiated by the City Administration and since
the Council made the formal request to the Attorney General's Office for an advisory opinion to
which Mr. Broden agreed.
Dr. Varner suggested that the penalty provision be reviewed to make sure that it would
specifically address violations if an entertainer or manager were not properly licensed. Council
Member Ujdak welcomed the suggestion.
Council Member Ujdak noted that the First Amendment Association's attorney is in the
process of being retained by the local adult business owners. This is the same organization which
challenged the Delaware regulations.
Council Member Ujdak voiced concerns that he believes the City should be on solid legal
grounds and should completely do their homework on the proposed ordinance before a Council
vote is taken. He noted that the biggest issue will focus on pre-emption.
Council President Pfeifer noted that it should be a solid ordinance; and Council Member
King noted that he agreed that the advisory opinion from the Indiana Attorney General's Office
should be in existence before final action is taken.
Following a series of telephone calls to the City Attorney's Office and checking with the
Office of the City Clerk, a letter from Mr. Broden requesting the continuance could not be located.
Council Member Ujdak then discovered that Mr. Broden's letter had been placed in his mail box
(copy attached)which formally requested that the adult business ordinance be continued until the
Health and Public Safety Committee
June 12, 2000
Page 2
meeting of July 10, 2000. Following discussion, Dr. Varner made a motion, seconded by
Council Member Kelly that Bill No. 00-28 be continued until the July 10, 2000 meeting of the
Council at the request of the City Attorney. The motion passed.
There being no further business to come before the Committee, Council Member Ujdak
adjourned the meeting at 5:25 p.m.
Respectfully submitted,
Council Member Andrew Ujdak, Chairperson
Health and Public Safety Committee
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