05-12-75 Council Meeting Minutes

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REGULAR MEETING MAY 12, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) situation, and he felt that, if ducks could be tolerated, the residents should not mind the day care center and the children which would use the facility. Mr. Robert Raymond, 309 East Napoleon Boulevard, hoped the center would remain. He expressed support of the center, indicating that his daughter attended. Mrs. Ley objected to Mr. Howell's statement about the traffic on Howard Street She felt Howard Street was busy all the time and not just during football games. She indicated that she had talked to all the neighbors in the vicinity and they had signed against the center. She indicated that the problem of the ducks in the area would be taken care of in due time and she was not concerned about that at this time. Mrs. Marian Wagner of the American Association of University Women wondered if there was a charge to the participants of the day care center. Mr. Mays indicated that Miss Shelton charged approximately $20 per week per child with some break for the second child. He stated that an attempt was being made to provide some subsidy. He indicated that this rate was lower than the general rate being charged by other agencies. Mrs. Mary Raymond 309 East Napoleon Boulevard, felt the need to have her daughter mix with a group of children and for this reason she was sending her to the day care center. She stated that most of the children attending the center lived within nine blocks of the area and she hoped the center would remain at its present location. She stated that she would not send her child to a day care center in an industrial area or the like, and she felt the residential areas were the best places for these facilities. Mrs. Irene Mutzl, 320 Parkovash, stated that the day care center appeared to be in operation although the rezoning had not yet been approved`by the Council. She wondered if the center was in violation of the zoning laws, and Chairman Newburn indicated that it was. Council President Parent indicated that the ducks being raised in the area as had been mentioned were actually two geese which were fenced in. He wondered if there was any violation with this. He stated that the'day care center was in violation of the zoning ordinance as was the Library Bar on Notre Dame Avenue and many other establishments in the community. He felt a change of attitude on the part of the citizens was needed, as well as the Council and administration. He talked about the problem of providing health care facilities and day care facilities in certain areas of the city. He felt that, in many instances, these centers belonged in the residential areas. He also felt the present zoning laws did not deal adequately with problems of this kind. He stated that this issue had not been studied thoroughly, and he felt the Council should delay action on the matter temporarily. He indicated that this was a hardship case and he would hate to see the matte: denied now and then at some future time, the day care centers be permitted. He indicated that he did not necessarily approve of the location of the center but he felt the matter had not been studied thoroughly. Councilman Serge asked about the length of time the center had been in opera- tion, and Mr. Arrington indicated that Miss Shelton had been operating the center for about 12 months. Councilman Serge wondered if Miss Shelton was aware of the need for a rezoning of the property before she started her business. He mentioned the day care center on Portage Avenue. Mr. Arrington indicated that Miss Shelton was not aware that the property would have to be rezoned when she started the facility. He stated that the center was a small center when compared to many of the larger centers; however, there was adequate room to accommodate the children. He men- tioned the availability of the two parks in the immediate area. He stated that, if Miss Shelton was denied the opportunity to operate the facility, the center would be closed down. Councilman Miller stated that the Area Plan Commission had indicated in its report that the area was previous. zoned "B" Residential and had been changed to "A" Residential. He asked about the number of children registered. Mr. Arrington indicated that there were 20 children, 2 toilets and 2 parking spaces. Councilman Miller asked about the play area, and Mr. Arrington indicated that the square footage was 3,421. Councilman Miller asked about the number of rooms to be used and the number of teachers. Mr. Arrington indicated that there would be two classrooms and two teachers and the classes would be conducted five days a week. Councilman Miller asked if the requirements were met as far as teachers and play space for the number of children enrolled in the program. Mr. Arringb indicated that all those requirements had been met. Councilman Miller wondered if the backyard was fenced in, and Mr. Arrington indicated that it was; however, some of the fence was not the property of Miss Shelton but was that of the neighbors bordering her property. Councilman Miller indicated that he tended to agree with the scattering of these facilities in the residential areas provided certain unstipulated requirements were to be met. He stated that the Council was concerns about the type of buffer provided for the neighboring facilities. He felt the matter needed furthi study and he was surprised that, with the limited facilities, the day care center was acceptable to state standards. He felt the city should set certain standards within the zoning districts. He felt the integrity of the neighborhoods should be maintained; and the area in question was not adequate for the day care center. He asked that more study be given the matter. Councilman Kopczynski asked about the remonstrators that Mrs. Ley had mentioned when she spoke against the day care center. Mr. Stonebraker indicated that the petition had been presented to the Area PLan Commission at its public hearing and was a part of the commission's files. Mr. Stonebraker presented the petition to Councilman Kopczynski. Councilman Kopczynski asked why the addresses of the petitioners were not listed in all cases, and Mrs. Ley indicated that she could insert the addresses. She assured the Council that all the remonstrators lived in the immediate vicinity of the property in question. Councilman Kopczynski wondered why the Area Plan Commission had not for- warded the petition to the Council, and Mr. Stonebraker stated that, when petitions are filed with the Area Plan Commission, they are not usually forwarded. He indicated that there had been some questions raised concerning the petition as it was not really clear and there were not addresses in many cases. Councilman Kopczynski felt the majority of the people in the area were against the center and the Council should abide by the residents' wishes. He recommended that the matter go to the Council unfavorable. Council President Parent felt that many people lived in the immediate area and some of those people were in favor of the center. He wondered if their wishes were to be considered also. He felt the people wanted their representatives to exercise good judgment in matters such as these and he hoped the matter could be delayed. He felt the day care centers were not community nuisances and could be dealt with. Council President Parent made a motion that the matter be delayed. Chairman Newburn indicated tha- he was trying to let all councilmen speak before any motions were made. Councilman Szymkowiak wondered if the children would be fed at the center and if beds were provided. Mr. Mays indicated that the children are fed and portable beds or cots were utilized and had been approved. Councilm Szymkowiak asked if the rooms were the standard size of 20 x 20 for 10 children. Mr. Mays indicate that he did not know this. He stated that there were playrooms, the kitchen area and a heated fron- porch. The children could be placed anywhere in the facility. Councilman Szymkowiak felt the Health Department should check into the matter regarding the feeding of the children, sleeping accommodations, etc. Mr. Mays stated that all requirements for the license had been met, and Councilman Szymkowiak indicated that he would second Council President Parent's motion to delay the issue. The motion carried, with Councilman Kopczynski opposing. X F0l V4 1 u 1 1