05-16-00 Health & Public Safety - Laserfiche WebLink

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Health and Public Safety Committee South Bend Common Council The May 16, 2000 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Andrew Ujdak at 3:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: King,Ujdak, Kelly and Kirsits; John Broden, City Attorney;Aladean DeRose, Chief Assistant City Attorney,Police Chief Larry Bennett, Patrick E. Mangan,Public Policy Consultant; Joseph E. Sergio,President of Citizens for Community Values, Inc.,Dennis Staffelbach,Esquire; Jim Frick, representatives of the South Gateway Commercial Corridor Business District; Terry Bland of the South Bend Tribune; and Kathleen Cekanski-Farrand, Common Council Attorney. Council Member Ujdak welcomed everyone to the meeting and noted that it would continue its discussion of the Delaware Case(Francis R. Mitchell;Bob's Discount Adult Books, Inc. v. Commission on Adult Entertainment Establishments of the State of Delaware, 3rd Circuit Court of Appeals 1993)as it may relate to proposed Bill No. 28-00 which would amend Chapter 4, Section 18.5 of the South Bend Municipal Code regarding adult businesses. Council Member Ujdak inquired of Mr. Broden with regard to the Delaware Case and the recent article in the South Bend Tribune. Mr. Broden stated that in that article it was mentioned that the three(3)adult businesses in Delaware had been grandfathered. He did not find such a reference in the court's decision. He further noted that the issue of an unconstitutional taking was not addressed in that decision and that the City was prepared to address that issue if raised. Council Member King noted that he had reviewed the decision and also had found no reference to any businesses being grandfathered. Council Member Ujdak stated that there were factual differences between the Delaware case and the potential effects of the proposed ordinance since no grandfathering provisions have been proposed locally. Mr. Broden noted that if an injunction would be issued against the City requiring it to refrain from enforcing the ordinance that such judicial action would mitigate damages on the unconstitutional taking argument. He noted that the criteria involved includes that the material must be"content neutral"and that it must be related to"reasonable time, place and manner". Mr. Broden also noted that there would be a presumption of the legislation being constitutional with the petitioner having the burden of proof. With regard to Council Member Ujdak's inquiry regarding the economic issues which might be raised by the business owners who would be required to close at 10 p.m.,Mr. Broden stated that he would anticipate that affidavits of the business owners would be filed to address that issue. Council Member King stated that the overall emphasis of the proposed ordinance is to curb the secondary negative effects of such businesses. Mr. Mangan noted that this Friday at 4 p.m. oral arguments would be heard on the Health and Public Safety Conmitte Meeting Minutes of May 16,2000