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� '11 • determined that as the guttering had already been installed, a denial would cause continued and yet greater hardship to the owner. Mr. Oxian then amended his motion to approve the application with the stipulation that this approval not be construed to indicate that the Department of Code En;orcement may require inappropriate alterations. Mr. Talley suggested that the first motion stand for a vote and proceed from that result. Mrs. DeRose suggested that if the commission's concern is with code enforcement's lack of understanding of preservation concerns regarding the installation of inappropriate alterations, that she contact, its director to better cultivate such an understanding and seek latitude in the future regarding such alterations to designated structures. Mr. Oxian withdrew his original motion and repeated his substitute motion to approve. Mrs. Choitz called the question. The' motion passed unanimously with the exception of Mr. Oxian abstaining. 5) 1996-1002, 1055 Riverside Drive — Replacement of existing fired clay tile walkway with concrete pavers of the same general design and appearance. Mr. Duvall presented the'Staff Report and distributed photographs. He noted that the owner, Mr. Leone, was present. Mr. .Leone presented the application. He noted that the original material had been installed with cementeous grout which had failed in freeze/thaw cycles as had the tile paving. He noted that the new material will be laid on compacted sand which his architect indicates should be more forgiving. Mr. Talley moved for approval of the application. Mr.Fine seconded the motion. The motion passed unanimously. • IV. Regular Business Mr. Oxian indicated his desire t o move the hearing of visitors to this point in the agenda for the purpose of hearing several residents of the River Bend District who were in attendance. Hearing no opposition the commission so heard the concern of this group as follows:, Ms. Delauriers introduced this concern regarding the environmental effects of the newlyconstructed Madison Children's Hospital immediately across the St. Joseph River from this district. In summary, the residents are disturbed by the outdoor lighting of this facility and mechanical noise which is especially and increasingly annoying' in the evening and night. The group is. also concerned for the future visual impact which might result from removal of foliage from the riverbank areas. Attempts to communicate their concerns to the management of the hospital had met with what they felt to be evasive and defensive and condescending response leading them to believe the facility management to be unconcerned about the affect of'the facility on its community neighbors. Written correspondence was submitted in evidence of this. She also noted that Don Fozo, the Building Commissioner, had visited the site but had not discerned the noise at the time of the visit. Linda Fritsel-finer also addressed the commission. She accounted her conversations with management of the hospital, Code Enforcement, and the City Attorney's office. Mr. Talley indicated that he had taken an interest in this issue upon hearing of it and has found the resistance of the Madison Hospital Management to even discuss this issue entirely out of proportion to their stated concerns. Ile indicated that his attempts to contact the management directly had failed to even realize a return telephone call. After some discussion, the president directed • Mr. Duvall to draft a letter for his signature advising Madison Hospital of the commission's concern for this issue and to be circulated to the Building, Code Enforcement, and police departments. Mr. Sporleder indicated his desire to address the issue of the Madison Center development from his concern as a member of Michiana Watershed. His interest was the impact of this development ,of the East Bank Trail. He noted that although the Madison center has granted an easement for the trail they