01-22-73 Council Meeting Minutes

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REGULAR MEETING JANUARY 22, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) have been replaced by the words "human occupancy." He concluded that this, too, was an update of the code and that the procedure of deleting, without substitution, that part of the BOCA Code that dealt with mobile homes was followed because this is covered by another ordinance for the City of South Bend. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO. 29 -5121. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. He explained that, on the 25th of September, 1972, the Council passed a resolution authorizing the Commission to enter into negotiations and this was done. He indicated that this pertains to the annex of the JMS Building and that the matter has been very carefully considered. He recommended the Council act favorably on the ordinance. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the city was picking up the work being done at present on the JMS Building, and Mr. Fedder assured her that the city was not: Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE THAT EMPLOYEES BE RESIDENTS OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth presided at the meeting for this portion of the public hearing in order that Councilman Odell Newburn could make the presen- tation for the ordinance. Councilman Newburn expressed his concern about this problem in South Bend. He indicated that unemployment has been a great concern since the closing of Studebaker and that the residents of South Bend have heard it said that the city is becoming a "ghost city." He felt that this should be a challenge to the residents of the city and that many of the people living here have their roots implanted here. One of the things that he discovered was that the children who were born here are finding themselves shut out. This is discouraging and people are finding employment in other cities. He also indicated that he is very conscious about constitu- tional rights and that he found from the State Attorney General's Office that there is no viola- tion of the Constitution or inter and intra state provisions should such an ordinance be passed. He mentioned a stipulation of the Police Chief residing within the city for the first five years. Councilman Newburn went on to say that some people would object to this ordinance as they feel it restricts the Administration in the hiring practice, however, he did not believe this to be true. He mentioned that he had had no personal differences with anyone on this ordinance and that he was very concerned about the welfare of the residents of the city, this being the reason he proposed such an ordinance be passed. He indicated that he had made an effort to compile a list of the employees of the city who reside outside the city but he never was able to obtain thai list although it was assured to him. He cited an example as pertained to the Police and Fire Departments. Within the Police Department there were 220 employees of which 63 lived outside the city. Within the Fire Department there were 275 employees of which 43 lived outside the city. He brought up the fact that the city contributes the biggest part of the budget to the pension fund for these employees. He also brought up the matter of crime within the city, it being his feeling that an employee residing outside of the city might not have as strong feelings about the safety and protection of the residents as an employee who lived within the city. As far as findir people qualified to fill these positions, Councilman Newburn felt there were many qualified peopl( living within the city and that, with proper advertising of these positions, the jobs could be filled. He felt the city should take care of its own first and it should stop driving the people out. He concluded that he wanted to restore the confidence of the citizens of South Bend and he said that the evils of unemployment will never be overcome until this is done. Councilman Szymkowiak asked if the ordinance could be read, and Council President Nemeth indicated that this would be out of order at this time. Mrs. Lee Swan, 2022 Swygart, indicated that she had been greatly surprised when she found out that the city did not have such an ordinance in effect. She indicated that South Bend's property taxes were providing salaries for 112 city employees who did not even reside within the city. She also agreed with Councilman Newburn on the concern a policeman or fireman might have for South Bend when he does not even live in South Bend. She felt these employees would have a tendency to be truly concerned only about the city in which he resided. She also indicated that she would like to propose an amendment to the ordinance requiring employees who do not live within the city to be given one year to make South Bend their home or face termination of their employment. She challenged the Administration to advertise the openings and concluded that city government jobs should be given to the city residents. Councilman Kopczynski indicated that he has been a life -long resident of South Bend and he knew many policemen and firemen, and it hurt him to see the attitude that they have developed. He felt crime would be reduced if the city employed those living within the city. In view of that, he indicated that things must change, and he made a motion that the ordinance go to the Council as favorable. Motion lost due to lack of a second. Councilman Taylor requested the City Attorney's opinion on the ordinance. City Attorney Charles Sweeney indicated that the Attorney General's Office dealt with employees residing in the county. He cited cases in other cities and indicated that the test is for such an ordinance to be con- stitutional, it must be based on the compelling interests of the society. According to statutes, IN