05/08/1978 Board of Public Works Minutes

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REGULAR MEETING MAY 8, 1978 109 As you are aware, it has been the purpose of this Office, in conjunction with all other City departments and agencies under the leadership of Mayor Peter J. Nemeth, to vigorously enforce our City ordinances in the effort to safeguard the integrity of our residential areas. We must respectfully request, therefore, that if after weighing all evidence and testimony which may be presented at the public hearing on this matter, the Board agrees that substantial evidence exists as to the great inconvenience and disruption of the City's neighborhoods that the proposed carnival will create, it deny the Mishawaka Fraternal Order of Police request for permission to hold its carnival at this location within the South Bend City limits.. Very truly yours, s/ Thomas J. Brunner, Jr. City Attorney s/ Terry A. Crone Deputy City Attorney IF Mayor Peter J. Nemeth was present and addressed the Board. Mayor Nemeth said he was aware that this request had prompted a lot of response from the people directly involved. He pointed out that, during the past couple of years, this Administration has established the policy of trying to improve the quality of life in the neighborhoods. An Adult Business Establishment Ordinance has been enacted to keep_ out certain establishments which would lower the quality of life in neighborhoods. A Hearing Officer hasbeen established to deal with the problems of homes in,need of repair and the procedure has provided a means of getting property owners to repair the structures rather than resorting to demolition in such cases. Mayor Nemeth noted that this request is in a high commercial area with Town and Country to the east of the Ayr -Way development, but directly north of Ayr -Way is a very fine residential neighborhood and it would be out of place to have a carnival operating so close to the neighborhood. The Mayor said he strongly recommended that the Board turn down the application. Councilman Roger Parent was present and submitted a letter opposing the location to the Board. Councilman Parent said he felt the Board could have denied the request at the meeting at which it was presented. He said a number of residents contacted him in the belief that he would be making the decision on the carnival. He then submitted to the Board petitions signed by approximately 500 residents who oppose the carnival. He said it should be obvious to the Board that the people do not want the carnival in that location. It would create noise and additional traffic and would be a nuisance. Councilman'-Parent said the objectives of the F.O.P. are worthy and he would like to seem them find another suitable site for their carnival. However, he said he strongly opposes the site at the Ayr -Way Parking Lot. Councilman Terry Miller was present and advised the Board that he concurs with Mayor Nemeth and Councilman Parent. He said he has been contacted by residents in the area who oppose the carnival. He also noted that the carnival might require additional police officers from South Bend and that would be an expense to the City. He said he is .against approving the carnival application. James Ward, 215 Sylvan Glen Drive, spoke as a resident of the area involved and registered his strong objection to the carnival. He noted that problems with noise late at night, traffic congestion and a general nuisance occurred when the carnival was located at the Town and Country Shopping Center. He said he did not think the Mishawaka F.O.P. should be holding their carnival in South Bend. He said the carnival would definitely disturb the quality of life in the neighborhood and he asked the Board to note his strong objection. Mr. McMahon noted that correspondence opposing the carnival location was received from: Edward Nugent, 209 Sylvan Glen; Mr. &