12-09-02 Council Meeting Minutes

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REGULAR MEETING DECEMBER 9, 2002 Mr. Jeff Jankowski, Deputy City Attorney, Offices on the 14th Floor of the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Jankowski advised that this bill amends the current ordinance to accurately reflect the actual holidays that were negotiated during negotiations of the Teamster Agreement as well as the holidays that were presented to the Board of Public Works for passage this year. Mr. Jankowski noted that Washington and Lincoln's birthdays were eliminated since they are both celebrated on Presidents Day and the term Martin Luther King's Birthday was renamed to Martin Luther King Day to accurately reflect the day that it is actually celebrated. He noted that the rest of the dates remain the same with one (1) addition being a religious holiday of the employee's choosing. Mr. Jankowski noted that this request came from employees of various religions to more accurately reflect the City's workforce. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Pfeifer commended the City for moving toward respecting a diverse workforce and made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES Councilmember Pfeifer advised that the Health and Public Safety Committee and the Personnel and Finance Committee held a combined meeting this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Charles Leone, City Attorney, Offices at 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Leone advised that this bill contains technical amendments to the Adult Business ordinance. The purpose is to protect the ordinance, which is now in litigation, from a defect that might cause it to be struck down entirely. He further advised that there is a series of cases that arise out of the U.S. Court of Appeals for the 6th Circuit in which ordinances that have a characteristic of not preserving the status quo while there are challenges pending on constitutional grounds to ordinances, have been struck down. Mr. Leone stated that at the advice of the legal counsel assisting the City in the adult business trial, they have made these suggestions for changes to the ordinance that would preserve the status quo while any challenges are pending to the ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -7-