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REGULAR MEETING NOVEMBER 26, 1973_
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />President Nemeth stated that, if amended, the matter would have to be referred back to the Area
<br />Plan Commission anyway because of certain statutory requirements. Councilman Miller desired to
<br />have the City Attorney clear up the matter of the site plan at some future date. He asked if it
<br />was mandatory, enforceable and amendable. Mr. James Roemer, City Attorney, stated that he would
<br />research the matter and provide that information to the Council. Chairman Newburn indicated that
<br />it appeared deviation from the original site plan had also occurred in a few other instances. He
<br />expressed concern about this and wondered why this was happening. Councilman Taylor asked Mr.
<br />Helling if Ridgedale Nursing Home would be agreeable to restoring the fence and adding screening
<br />around the dock area. Mr. Helling indicated that shrubs could not be put in around the dock
<br />because of the drive approach. Mrs. Julow felt shrubs could be planted starting at the oval
<br />driveway west along the parking lot to the south. Councilman Taylor made a motion that the matter
<br />be referred to a committee for further study, seconded by Councilman Kopczynski. Motion later
<br />withdrawn. Councilman Miller indicated that in order to expedite the matter, it should also be
<br />referred to Area Plan at the same time. Council President Nemeth suggested that the Council make
<br />an amendment and then refer back to the Area Plan Commission. Councilman Parent agreed with the
<br />Council President. Mr. Carpenter asked if the Council intended to amend the site plan, indicating
<br />that, if so, it would have to be done on the original site plan. Council President Nemeth could
<br />see no problem with that. Councilman Miller asked about the economic development bonds Ridgedale
<br />Nursing Home was applying for. Mr. Helling stated that the bond issue may be lost if there was a
<br />further delay. He stated that all that remained to be done was action on the site plan because
<br />all matters pertaining to the bonds have been approved by the Development Commission. Councilman
<br />Taylor stated that, if there was a delay, it was the fault of the petitioner and not the Council.
<br />Councilman Serge indicated that, if he was involved in the nursing home and its investment, he
<br />would not argue or question spending another $1,000 if it would benefit the general public.
<br />Council President Nemeth suggested that the Committee of the Whole make no recommendation regardinc_
<br />the matter and pass over it in order to allow Mr. Carpenter to discuss the situation with Mr.
<br />Helling. He felt that, once the matter was resolved, action could be taken in the Council portion
<br />of the meeting.
<br />Councilman Taylor withdrew his previous motion and Councilman Kopczynski withdrew his second to
<br />that motion. Councilman Miller then made a motion that the Committee of the Whole make no recom-
<br />mendation to the Council, seconded by Councilman Parent. The motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
<br />4990 -68, AS AMENDED, COMMONLY KNOWN AS
<br />THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL
<br />CODE) - 1104 NOTRE DAME AVENUE.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Jack Dunfee, Jr., 645 First Bank Building,
<br />the attorney representing the petitioner, made the presentation for the ordinance. He explained
<br />that the request for zoning was from an "A" Residential District and "A" Height and Area to "B"
<br />Residential and "B" Height and Area. He indicated that the Area Plan Commission had held a public
<br />hearing, at which time, they had recommended the petition unfavorably to the Council. The Area
<br />Plan Commission had also stated that, with regards to the proposed use, they were not expressing
<br />any objection to it. The property owners have spoken against the rezoning and the funds for the
<br />drug abuse center have been approved by the Council. Mr. Dunfee explained that there was another
<br />avenue open to the petitioner and that was to refer the matter to the Zoning Board of Appeals for
<br />its decision. He indicated that the board would be meeting November 29 and the next meeting would
<br />normally be scheduled on December 27. He stated that, in the past, these meeting dates have been
<br />subject to change. He guessed that the meeting in December would probably be the 20th; however,
<br />he was not certain of that date. He concluded by indicating that he desired to withdraw the
<br />matter and terminate the proceedings.
<br />Council President Nemeth made a motion that a recommendation go to the Council to strike the
<br />ordinance, seconded by Councilman Parent. The motion carried. Mr. Thomas Roemer, 506 Tower
<br />Building, questioned the disposition of the matter. Council President Nemeth indicated that the
<br />Council no longer would be taking any action on the ordinance because the matter would be taken
<br />before the Zoning Board of Appeals. He felt that, if Mr. Roemer had a remonstrance to file on the
<br />matter, it should be filed with the Zoning Board. Mr. James Roemer, City Attorney, indicated that
<br />the Zoning Board of Appeals meets on a monthly basis and Mr. Gerald Sakaguchi was the attorney for
<br />the board. He felt that Mr. Sakaguchi could inform Mr. Roemer of the date of the meeting. He
<br />stated that the meeting would be held in the Board of Public Works meeting room.
<br />ORDINANCE AN ORDINANCE AMENDING CHAPTER 13,
<br />OFFENSES, OF THE MUNICIPAL CODE OF THE
<br />CITY OF SOUTH BEND, INDIANA.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Kenneth Sheetz, Deputy City Attorney, made
<br />the presentation for the ordinance. He stated that the ordinance as presently reads is in com-
<br />pliance with the state statutes as far as decibel readings and that the Legal Department was of
<br />the opinion that an amendment to the ordinance would not affect the statutes. He stated that the
<br />proposed ordinance would be an enforcement measure and would enable the Police Department to issue
<br />a ticket in the case where a person is causing excessive noise in the operation of a motor vehicle
<br />or cycle. The ordinance was drafted at the request of the Police Chief. Mr. Sheetz stated that
<br />the statutes are vague about the decibel readings, and according to his opinion, a decibel reading
<br />would not be necessary in this case. He indicated that the installation of a decibel reader in the
<br />city's squad cars would be very impractical. He felt that the decibel reading referred to noises
<br />caused by trucks with faulty smoke stacks, etc. Also, it would be impossible to conduct a decibel
<br />reading on the squealing of the tires of a car. He indicated that the decibel standards would be
<br />applied to unnecessary noises, such as the grinding, rattling, grating, etc. in automobiles.
<br />Mrs. Janet Allen, 125 West Marion Street, expressed support of the ordinance. She stated that the
<br />ordinance should also apply to new cars and not just the older cars in need of repair. Mr. David
<br />Wells, 5104 Bloomfield, realized the matter was a problem; however, he stated that squealing tires
<br />might avoid hitting a child or pedestrian at some time. Council President Nemeth stated that he
<br />felt that would be a good defense, if it should occur. Councilman Kopczynski felt it was not
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