05-12-75 Council Meeting Minutes

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REGULAR MEETING MAY 12, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) that the monthly charge for the units would be approximately $200. He stated that Section 8 subsi would be applied for. He then presented a proposed site plan to Councilman Serge. Councilman Serge wondered if a fence would be constructed around the facility. He indicated that this had been a concern of a few councilmen when a similar housing project had been proposed at the last Council meeting. Mr. Howard felt an "institution" would be created with the erection of a fence around the property. He indicated that the Housing Authority seemed to have very little problem with muggings, vandalism, etc., and he did not feel a fence would be needed. Councilman Szymkowia (talked about the crime rate and felt something should be done to offer some protection to the senior citizens. He made a motion that the ordinance be recommended unfavorably to the Common Council, seconded by Councilman Kopczynski. Councilman Horvath talked about the requirements in the zoning laws concerning the number of parking spaces for the facility. He felt the whole issue was a waste of time if the laws were to be followed. He stated that the proposed project did not meet the requirements of the zoning laws and the zoning laws were made to be followed. Mr. Howard indicated that the Council was not approving the housing project but merely the rezoning. He stated that the project would have to be built according to the FHA's housing standards. Councilm Horvath indicated that only one -half parking space would be provided per unit. He felt this was not adequate and the project did not meet the standards of the zoning laws and requirements. He felt the Council should not approve variations and he stated that he supported the motion to recommend the matter unfavorably to the Council. Councilman Miller wondered if there were any other available sites for housing of this type, and Mr. Howard indicated that he was certain there were some sites available somewhere but he did not know exactly. The motion to recommend the ordinance unfavorably to the Common Council carried. Chairman Newburn asked if anyone was present at this time to make a presentation of the rezoning of 407 East Howard Street. He asked that the Council proceed with that public hearing: ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 407 East Howard Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Clark Arrington, 4408 Queens Road, Apartment B, made the presentation for the ordinance on behalf of the petitioner, Miss Constance Shelton. He stated that he also represented the Minority Venture Company which was owned by the University of Notre Dame and which company was involved in getting minorities established in the private sect . of the community. He stated that Miss Shelton wished to rezone her property in order to carry on the Sugar and Spice Day Care Center. He introduced Mr. Ted Mays, Director and Coordinator of the 4C Program, a trade association of day care centers. Mr. Mays indicated that he resided at 3017 Woodridge Avenue. He talked about the needs of child care services and the amount of $300,000 brought into the community because of day care centers. He talked about the meaning of day care and the involvement of children under six years of age. He indicated that day care centers were in demand and there were many reasons for this. He talked about the working mothers and stated that this was not a new concept, and he again stressed the need for day care centers in the commun Councilman Kopczynski asked Mr. Mays to condense his presentation. He reminded him that the matte . being considered by the Council was the proposed rezoning of the property, not the need of day car (centers in the community. Mr. Mays indicated that he only had a few additional comments to make. He stated that only 800 children are accommodated in 20 day care centers in St. Joseph County. He indicated that parents are constantly requesting a program for day care centers in the community. He stated that, from a report he had prepared, it was determined that there were approximately 10 areas in the community in need of day care centers; and one of these areas was the northeast side. Until August, 1974, there was no day care center located in that area. He felt more day care centers should be established wherever there was a need. He felt the facilities should not be restricted to commercial districts but should be allowed in any district wherever there was a need as long as state and city health and fire regulations were followed. Miss Irene Rapp, 409 East Howard, indicated that she lived next door to the Sugar and Spice Day Care Center. She stressed the fact that she was not opposed to day care centers but she felt this particular location was not attractive to the center because of the heavy traffic and the many retired persons living in the area. She wondered if there was enough room for the children, and she stated that the basements were only 132 feet apart and it would appear there was not much play area for the children. She talked about the noise and commotion which would be created by the day care center. She also wondered about the value of her home if she should decide to sell in the future. Mrs. Frances Ley, 1012 Lawrence, felt that there would be a problem with the traffic in the area. She also wondered about the restroom facilities which she stated Miss Shelton did not have. She felt the children were being brought in from other parts of town because there were not any children living in the immediate area of the nursery in need of the day care center. She stated that there was a day care co- operative immediately across the street from the 407 East Howa_ Street location. She wondered about the need for the two centers. Mr. Mays indicated that the Northeast Day Care Co -op was located across the street; however, he had requested that the center be closed because it was not condusive to small children. He stated that Miss Shelton would abide by the license requirements and had met all these requirements; one requirement being that there bE 35 square feet indoors per child. Mr. Arrington stated that the center met all the technical requirements of a day care center, in his opinion. He talked about spot zoning which the Council tried to avoid. He felt there was a great deal of spot zoning taking place in the community. He mentioned the property in the 3500 block of East Jefferson Boulevard which the Council had recentli rezoned. He felt this was spot zoning. He talked about the branch bank facility to be constructer at Cleveland and Ironwood which had been approved by the County Commissioners. He felt the day care center provided a need for the area in question as did the proposed bank at Cleveland and Ironwood. He referred to an overlay of the property in question. He talked about the properties in the immediate area. He again repeated that Miss Shelton was licensed and met all the technical requirements of the day care center at 407 EastHoward Street. He wondered where the Council would suggest that day care centers be located. Mr. Charles Howell, 1118 North Duey Street, indicated that Howard Street was only a busy street during football games at the university, and he did not feel traffic would be a problem. To this remark, several people in the audience dis- agreed. Mr. Howell expressed support of the rezoning. He talked about a person in the neighborhoc who was raising ducks in violation of the zoning laws. He wondered what would be done about this