04-07-75 Council Meeting Minutes

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Ofle 0 REGULAR MEETING APRIL 7, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Szymkowiak. He indicated that the association had contacted Councilman Szymkowiak for his help on introducing a reply ordinance to Council President Parent's ordinance. He felt the Parent ordinance dealt with a serious problem existing in the Harter Heights area, as well as other areas. He stated that the problem of absentee landlords was serious. He indicated that new problems should not be created while other problems are being resolved, and he felt the Parent ordinance would create problems. He stated that the Parent ordinance divided the citizens of the city into two groups: those who could live together, and those who could not. He referred to the Village of Belle Terre case recently taken to the Supreme Court. He talked about economic influen versus the rights of the people in a neighborhood. He stated that 75% of the area lived in by the citizens of the city was "A" Residential. He indicated that he was a deacon at St. Hedwig's Church, and he felt that Council President Parent's ordinance would infringe upon his rights as a minister and it would affect his religious freedom. He mentioned the possibility of housing three or more orphans in the case of the death of the parents. He stated that this would be forbidden by Council President Parent's ordinance. He talked about the changes taking place in the church today and the trend of the deacons living in the residential areas in which they would be working. He stated that this would also be affected by the Parent ordinance. He wondered if the Parent ordinance would really solve the problem. He felt restrictions such as Negro or white, Catholic or Jew, Republican or Democrat, and married or unmarried, were not within the scope of the zoning laws. He read excerpts of the opinion of Justice Marshall concerning this. He indicated that the density of unrelated persons was being restricted by the Parent ordinance, and he felt that ordinance violated the rights and liberties of the citizens of the city. He referred to the Supreme Court case of the Village of Shorewood in Wisconsin. He felt that everyone would agree that the absentee landlord was a serious problem, but he felt rational means should be used to establish the goals. He felt the ordinance of the A- Residential Association was a compromise and would deal with the absentee landlords without violating the rights of the citizens. He indicated that amendments had been prepared to the ordinance of the A- Residential Association and had been submitted to the Council members. He stated that the amendments were necessitated because of instances and circumstances that were called to the association's attention after the ordinance had been filed. He indicated that his amended definition of the word "family" included: Two or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, or Two or more persons related by blood, legal adoption or marriage, together with persons unrelated by blood, legal adoption or marriage, living and cooking together as a single, not for profit housekeeping unit where one person is the head of such housekeeping unit, or A widow or widower and persons unrelated by blood, legal adoption or marriage residing in the dwelling unit owned and occupied by such widow or widower, or A person living alone or two (2) persons living and cooking together as a single housekeeping unit though not related by blood, legal adoption or marriage. The number of occupants of any dwelling unit occupied by a family as defined in subsections (2) and (3) of this section shall be limited by fire and health regulations and /or density restrictions. Mr. Plodowski brought up the problem of enforcing the ordinance sponsored by Council President Parent. He felt it would cause more problems and more division among the residents than it was worth. He indicated that the association was willing to establish a commission to look into the issue in an effort to try and come up with a solution to the problem which would be acceptable to the citizens without violating their rights and liberties. He felt the Parent ordinance would violate the right of religion and would put restrictions on religious orders which were not necessary. Mr. Robert Konopa, residing at 1314 Leeper Avenue, and practicing law at 224 West Jefferson Boulevard, stated that, as a point of fact, South Bend really had no "A" or "A -1" Residential Districts because there was not an effective definition for the word "family" in the zoning code. He talked about high density populations, the problems of increased parking and traffic, sanita- tion problems, noise problems, unstability of the neighborhoods, loss of values and eventually banks "red lining ". He stated that, if property deteriorates, the tax base is affected. He indicated that the "A" residential areas were the foundation to the zoning ordinance. He stated that Harter Heights consists of 262 homes and approximately 20 city blocks. He talked about a certain couple owning 29 houses in the community. He indicated that this was merely one example of the problem. He indicated that the amendments proposed by Council President Parent, if incorporated into the ordinance, would not be retroactive. Those structures in existence would not be affected. He, too, referred to the Belle Terre case and the definition of family. The definition incorporated in the Parent ordinance was the same except that it also applied to foste children. He talked about civil and constitutional rights and stated that these rights would not be violated by the Parent ordinance. He briefly mentioned various definitions of the word "famil and "primary family ". He cited to the Council the examples of how the ordinance would work, and he referred to the overlay setting forth the examples. He indicated that the A- Residential Association was comprised of people of the charismatic movement. He again stated that the ordinance would not be retroactive and would only apply to future instances. He stated that the amendments may not be perfect and, after further study, changes could be made if needed. He felt that a change was needed now to check the problem, and the Parent ordinance would do this. Councilman Taylor requested a short recess before the start of the public hearing portion of the meeting. Chairman Newburn agreed. Recessed at 9:20 p.m. Reconvened at 9:40 p.m. Mr. Greg Siedor, 18200A Stoneridge Drive North, indicated that he was the staff attorney for the National Center for Law and the Handicapped located at the Logan Center in South Bend. He stated that he rendered legal assistance for the handicapped and he was addressing one of the rights tha handicapped persons have been denied. He felt that deterioration of the neighborhoods was taking place in South Bend. He stated that handicapped persons needed the neighborhoods because they were particularly vulnerable to the abusive and dangerous members of society. He stated that hospitals and nursing homes were not being discussed, and the homes for the handicapped must be located in the safest part of the city. He felt the Parent ordinance would make illegal group homes for the handicapped. He hoped the Council would deal with this matter in the future. He !e