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328 <br />REGULAR MEETING AUGUST 23, 1982 <br />COMMITTEE OF THE WHOLE <br />Be it remembered that the Common Council <br />of the Whole on August 23, 1982, at 7:11 <br />Voorde presiding. <br />A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE <br />FIRST.EAST -WEST ALLEY SOUTH OF LINCOLNWAY WEST RUNNING EAST <br />FROM RYER STREET TO'THE FIRST INTERSECTING NORTH -SOUTH <br />ALLEY FOR A DISTANCE OF 120'; ALL BEING IN BRENTWOOD ESTATES <br />4TH ADDITION TO THE CITY OF SOUTH BEND, INDIANA. <br />of the City of South Bend met in the Committee <br />p.m., with nine members present. Chairman <br />BILL NO. 37 -82 <br />Council Member Szymkowiak indicated that the remonstrator had completed the garage, <br />which was the condition the Council had impossed regarding the closing of this alley. <br />He made a motion to strike this bill, seconded by Council Member McGann. The motion <br />carried. <br />BILL NO. 39 -82 <br />A BILL AUTHORIZING THE ISSUANCE AND SALE OF $350,000 ECONOMIC <br />DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, <br />FOR THE PURPOSE OF MAKING A LOAN TO MEDICAL ARTS CORPORATION <br />OF SOUTH BEND, AN INDIANA CORPORATION, IN ORDER TO FINANCE <br />THE CONSTRUCTION AND EQUIPPING OF CERTAIN ECONOMIC DEVELOPMENT <br />FACILITIES LOCATED IN SOUTH BEND_, INDIANA; AUTHORIZING <br />EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY <br />OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; <br />AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION <br />AND DISPOSITION OF THE REVENUES FROM SUCH NOTE. <br />Now is the time heretofore set for public hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. Peter J. Nemeth, attorney representing <br />the Medical Arts Corporation, indicated this $350,000 bond issue would be used to <br />expand existing space and contact new space to be leased to Clinic Outpatient Surgery. <br />He indicated approximately eight new jobs will be created. Council Member Serge <br />made a motion to recommend this bill to the Council favorable, seconded by Council <br />Member:'Beck. The motion carried. <br />BILL NO. 73 -82 A BILL AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE <br />CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE <br />7 ENTITLED NOISE CONTROL. <br />Now is the time heretofore set for public hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. Council Member Beck read the Statement <br />of Purpose and Intent. Council Member McGann made a motion to accept the amended <br />version of this bill on file with the City Clerk, seconded by Council Member Zielinski. <br />The motion carried. Council Member Crone made_ a motion the the bill be amended in <br />Section 13 -83 (a) by adding, during the hours of 7:00 a.m. to 10:00 p.m., and eliminating <br />paragraph (b), seconded by Council Member McGann. The motion carried. Brad Garton, <br />• representative from Indiana Cities and Towns, indicated that noise is becoming an <br />• very large problem in neighborhoods. He indicated his job was to try and help <br />communities pass legislation to control this problem. Kathleen Cekanski, Council <br />Attorney, indicated that the bill should be further amended in Section 13 -82 (a) by <br />removing where the person disturbed or annoyed is located.) Council Member Harris <br />made a motion to accept this amendment, seconded by Council Member Zielinski. The <br />motion carried. Carolyn Pfotenhauer, Assistant City Attorney, indicated that the <br />Administration supported a stronger noise ordinance. She indicated she still had <br />some qualms regarding the enforcement, but they can be worked out later. She indicated <br />the police department should purchase more portable meters. Paul Hooker, 914 E. <br />Donald; Jane Swan, 1706 S.Walnut; Kathleen Lucas, 1738 Caroline; Arthur Quigley, <br />President of the Northeast Neighborhood Association; Thomas Noes, 1917 N. Eddy; John <br />Pajor, 804 N. Notre Dame; James Doe, 919 N. College; John Lamphere, 2112 Coachman <br />Tr; spoke in favor of this bill. Council Member Crone indicated the City only has <br />two moving noise meters. She urged the Administration to purchase proper equipment <br />in order to enforce both the moving and stationary noise ordinances. Council Member <br />McGann made a motion to recommend this bill to the Council favorable, as amended, <br />seconded by Council Member Zielinski. The motion carried. <br />BILL NO. 80 -82 <br />A BILL APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND <br />STREET FUND TO PROJECT R &S 8205, EDISON ROAD IMPROVEMENTS, <br />WITHIN THE LOCAL ROAD AND STREET FUND. <br />Now is'the time heretofore set for public hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. John Leszczynski, Director of <br />Public Works, made the presentation for the bill. He indicated this appropriation <br />was for the design of Edison Road Improvements Project. Council MemberSzymkowiak <br />made a motion to recommend this bill to the Council favorable, seconded by Council <br />Member Serge. The motion carried. <br />BILL NO. 81 -82 <br />A BILL APPROPRIATING $350,000.00 FROM THE LOCAL ROAD AND <br />STREET FUND TO PROJECT R &S 8204, SCARIFICATION AND PAVEMENT <br />IMPROVEMENTS 1982, WITHIN THE LOCAL ROAD AND STREET FUND. <br />Now is.the time heretofore set for public hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. John Leszczynski, Director of <br />