07-26-76 Council Meeting Minutes

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REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3029 LINDEN ROAD) This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Edward Olczak, attorney at law, made the pre- sentation for the ordinance. He said this was an approximate twenty acre site, and they wanted to use it to build an automobile and trust assembly, as well as supply and storage. He showed a sketch of the property and surrounding area. He indicated that Area Plan had favored this re- zoning. He indicated that Mr. Leopold and Mr. Hancz were in the audience to answer any questions Mrs. Jane Swan, 2022 Swygart, indicated that the site plan did not have sufficient data to be con- sidered a final. Mr. Rollin Farrand, Director of the Board of Public Works indicated that this was routine and the first site plan submitted is generally sketchy, and the final site plan will show the detail. Council Member Kopczynski made a motion that this ordinance go to Council favorably, seconded by Council Member Serge. The motion carried. Council Member Dombrowski made a motion to recess, seconded by Council Member Parent. The meetin( was recessed at 8:12 p.m., and reconvened at 8:32 p.m. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY THE ADDITION OF SECTION 2 -116 (A) COMMONLY REFERRED TO AS RESIDENCE REQUIREMENTS, REQUIRING SOUTH BEND CITY EMPLOYEES TO LIVE IN SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Fourth District Councilman, Roger 0. Parent, made the presentation for the ordinance. He outlined briefly the requirements of the ordinance. He indicated that the people who make policy for the City should live among the people who are effec He said there are approximately 350 employees living outside the city, and that it was a growing problem. He said it was very important the policemen who are hired to protect residence live wit the residence. He indicated it was common sense that if a police officer is known by the people he is trying to protect his job will be much easier. He said the City has experienced a populati decline for ten to fifteen years and it seems that the employees who earn the money we all pay have a greater responsibility to offset that decline. He said there was an economical impact because Federal funds are based on the number of people we have living in the City". He indicated that some people feel this violates a person's rights, but there have been court rulings on this matter that people can live wherever they want to, but they do not have the right to request the city to hire them. He indicated there was a state law covering police and firemen, but it was his contention that this proposed ordinance did not conflict with this state law. He indicated that even though this might eventually go to court, he thought this ordinance was right and pro- per. He said he had received many letters and comments on this proposed ordinance and 98% have been in favor. Council President Parent made a motion to amend the ordinance by deleting section 2 -116 (a) (e) and replacing it in its entirety with the following; (e) Any present employee of th City of South Bend whose permanent place of domicile does not meet the residence requirements established by this Code or any present employee of the City of South Bend who has already entere into a construction agreement for the construction of a residential dwelling not within the city limits of South Bend, or who has been issued a building permit or license properly authorized by St. Joseph County Government, or another municipality within St. Joseph County prior to the en- actment of this ordinance shall not be held in violation thereof. However, this exemption shall be permitted only upon a copy of such agreement, license or permit being filed with the Personnel Department within fourteen (14) days from the effective date of this ordinance. Any present em- ployee who subsequently moves out of the City after such residence requirements have been estab- lished or present employees who have not exercised the exemption power of this section shall be deemed in violation of this section. This motion was seconded by Council Member Adams. The motion carried. Mr. Larry Ambler, attorney for the Fire Fighters Union 362, indicated that basically this ordinanc is in conflict with state statutes. He said they would ask for a motion to amend this ordinance to read that it does not affect police or firemen. He indicated that they know it is a question that will have to be possibly resolved in court. He indicated the fire fighters would like to submit an amendment to Section 2 -116 (A) (d) Any employee of the City of South Bend who fails to establish that he is a bona fide resident of the City within six (6) months of his appointment or employment; or any employee who moves out of the City limits upon securing employment with the City after the effective date of this ordinance shall be held in violation of this Code and termi- nated from employment. (e) Any present employee of the City of South Bend whose permanent domici: does not meet the residence requirements established by this Code shall not,be in violation there( and any present employee of the City shall not be subjected to or affected by this ordinance. Pr( vided that if any present employee terminates his employment with the City of South Bend while this ordinance is in full force and effect and subsequently is re- employed by the City of South B( then such employee shall be required to comply with this ordinance. He indicated they felt that this ordinance did not grandfather out present employees and these employees would be compelled to live in the City. He said they were asking in their amendment to grandfather out all employee! He said he doubted if there would be any court action if these amendments were passed. Mr. William Bernhardt, 1127 E. Fox, a South Bend Policeman, spoke regarding a police officer's tour of duty, and the fact that they move to the country to have peace and quiet when they get home from work. Mr. Carl Ellison, 1307 Woodfield, a city employee, spoke in favor of the proposed ordinance and the Council to pass it in its existing form. He said he believed in the City and he intended to live here. )n f ed