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REGULAR MEETING OCTOBER 22, 1979 <br />Be it remembered that the Common Council of the City of South Bend met in the Council Chambers <br />of the County -City Building on Monday, October 22, 1979, at 7:00 p.m. The meeting was called <br />to order and the Pledge to the Flag was given. <br />X1*1W1WyiV0 <br />PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, <br />Adams, Dombrowski, Horvath and Parent <br />ABSENT: None <br />REPORT FROM THE SUB - COMMITTEE ON MINUTES <br />To the Common Council of the City of South Bend: <br />Your sub - committee on the inspection and supervision of the minutes would respectfully <br />report that it has inspected the minutes of the October 8, 1979 meeting of the Council and <br />found them correct. <br />The sub - committee, therefore, recommends that the same be approved. <br />/s /Mary Christine Adams <br />Council Member Serge made a motion that the minutes of the October 8, 1979, meeting of the <br />Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion <br />carried. <br />Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded <br />by Council.Member Taylor. The motion carried. <br />COMMITTEE OF THE WHOLE <br />Be it remembered that the Common Council of the City of South Bend met in the Committee of <br />the Whole on Monday, October 22, 1979, at 7:01 p.m., with nine members present. Chairman <br />Horvath presiding. <br />BILL NO. 109 -79 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN <br />AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER <br />21, MUNICIPAL CODE) (NORTHWEST CORNER OF OAK AND CHAPIN STREETS.) <br />This being the time heretofore set for public hearing on the above bill, proponents and opponent: <br />were given an oppportunity to be heard. Since the petitioner was not in the Chambers, Council <br />President Parent made a motion to continue the public hearing on this bill until the latter <br />part of the Committee of the Whole meeting, seconded by Council Member Adams. The motion car- <br />ried. <br />BILL NO. 131 -79 <br />A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN <br />AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER <br />21, MUNICIPAL CODE) (SOUTHEAST CORNER OF AUTEN AND LAUREL ROADS.) <br />This being the time heretofore set for public hearing on the above bill, proponents and opponent <br />were given an opportunity to be heard. Mr. Richard Johnson, Director of Area Plan, made the <br />presentation for the bill. He indicated that Area Plan initiated this rezoning when they re- <br />ceived notice from the City Legal Department that this property was officially a part of the <br />City. He said that the developers were going to construct one hundred apartment units and the <br />balance of the land will be used for single family duplex and quads. He indicated that his <br />development would have all of the City services extended to them. He said that this rezoning <br />would be subject to a final site plan, even though Area Plan had initiated this rezoning. <br />Council Member Adams asked the developer why they had not joined with the City in fighting the <br />suit filed against the annexation. Mr. Larry Guy, President of Laurel Woods, indicated it was <br />on their attorney's advice. Council Member Serge made a motion to recommend this bill to the <br />Council favorable, seconded by Council Member Taylor. The motion carried. <br />BILL NO. 132 -79 A BILL AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57, OF THE <br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY AUTHORIZING <br />THE BOARD OF PUBLIC WORKS TO GRANT A VARIANCE FROM THE PROHIBITION <br />AGAINST COMMERCIAL ADVERTISING BY USE OF LOUDSPEAKERS OR OTHER <br />SOUND REPRODUCING DEVICES. <br />This being the time heretofore set for public hearing on the above bill, proponents and opponent: <br />were given an opportunity to be heard. Mr. Fred C. Boynton, a local attorney, indicated he <br />was representing a client in the downtown area who wished to build a caroling bell tower, and <br />this was in violation of the City Code. He indicated that this proposed bill would not change <br />the Code in any degree, it only grants a form for a business to petition to the Board of Public <br />Works to use sound reproduction devices. He indicated that the proposed bell tower would not <br />create a loud raucous noise. Mrs. Jane Swan, 2022 Swygart, indicated that noise has become one <br />thing that is really bothering everyone. She indicated she would prefer this variance not be <br />granted. Council Member Adams indicated she was concerned about the enforcement and who would <br />decide what is too much noise. She made a motion to defeat this bill, seconded by Council <br />Member Dombrowski. The motion carried. <br />1s <br />