12-09-02 Joint Meeting Personnel & Finance and Health & Public Safety

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Committee deport vita fitetatig of he *minuet atn4 finance Committee att4 the *aid) au0 it aft gafirtp Committee The December 9, 2002 joint meeting of the Personnel and Finance Committee and the Health and Public Safety Committee was called to order by Health and Public Safety Chairperson, Council Member Pfeifer at 4:13 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Pfeifer, Kelly, King, Varner, Kuspa, White, Coleman and Kirsits; Community & Economic Development Department Director Jon Hunt, City Controller Rick 011ett, Ann Kolata, Water Superintendent John Stancati, Assistant City Attorney Ann-Carol Nash, Deputy City Attorney Jeff Jankowski, Terry Bland of the font') ett� litribunt,and Kathleen Cekanski-Farrand, Council Attorney. Council Member Pfeifer called for a presentation on Bill No. 97-02 which would amend Chapter 4,Article 4, Section 18.5 of the South Bend Municipal Code addressing adult businesses. Ann-Carol Nash, Assistant City Attorney, made the presentation. She noted that the proposed ordinance was suggested by outside legal counsel which is handling the pending litigation challenging the adult business ordinance. It proposes that an applicant or licensee who has been denied a license or has had a license suspended or revoked have the opportunity to challenge such ruling in a court of law within thirty (30) days, and upon the filing of such action the City would grant a provisional license. She noted that this procedure is similar to a case which was handed down in the 6th Circuit Court of Appeals. The Council Attorney noted that South Bend is in the 7th Circuit Court of Appeals and that the case referenced is not binding authority,but is persuasive authority, and that she supports the housing keeping measure. Dr. Varner inquired about the status of the lawsuit. Ms. Nash stated that the passage of the ordinance would not affect the pending lawsuit. Following discussion, Council Member White made a motion, seconded by Council Member Aranowski that Bill No. 97-02 be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, Council Member Pfeifer adjourned the meeting at 4:17 p.m. Respectfully submitted, Council Member Charlotte D. Pfeifer, Chairperson Health and Public Safety Committee Ccpcil Member James Aranowski, Chairperson Personnel and Finance Committee KCF:kmf Attachment