06/25/07 Council Meeting Minutes

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REGULAR MEETING JUNE 25, 2007 Ms. Lucille Spaulding, 1124 Meade Street, South Bend, Indiana spoke in opposition to the bill. Ms. Spaulding stated that she still cannot believe that the tower will be 195'. She stated that she is here tonight not only as a concerned citizen but also as President of the LaSalle Area Neighborhood Association. The Neighborhood Association had a discussion recently about the Horvath Communications proposed cell phone tower. After the discussion they were opposed to having a cell tower, they have concerns of what this will do to the neighborhood. The cell tower would affect a lot of people not only in immediate area but also the surrounding area. The tower would be located just across the street from the neighborhood association's boundaries, and they feel that it would not only be detrimental to the neighborhood, but would also affect property values and health issues from the expose to the cell tower. Various neighborhood associations that border Lincolnway are also trying to improve the area and having a cell tower at that location would not be appealing to the area. Just this past weekend three other neighborhood organizations got together to pick up trash and debris along Lincolnway from Bendix east to Wilbur Street, atwenty-two (22) block area. The conversation during the clean-up is that a cell tower at that location would be an isore. Ms. Spaulding urged the Council to vote unfavorably. Mr. Jerry Niezgoski, 2930 Bond Avenue, South Bend, Indiana, spoke in opposition to this bill. Mr Niezgodski stated that here is representing the Lincolnway West Gateway Association. Mr. Niezgodski stated that during this whole process of the Special Exception and working with Horvath Communications, the Association appreciated their willingness to meet with the neighbors and answer their concerns. The courtesy that Horvath Communications extended to the neighbors and their professionalism at all times was very admirable. Mr. Niezgodski stated that the association discussed this issue twice at two separate meetings. They have some concerns regarding health and the exposure to radio frequency combined with electromagnetic radiation that we are all getting blitzed with more and more everyday because of all the cell towers. The association is also concerned with property values along Lincolnway West. He stated that cell towers bring down property values as well as create negativity in the housing market. The visual pollution on a 195' cell tower is going to greatly impact the neighborhood. The neighborhood associations are trying to rebuild the Lincolnway West Corridor, it's a tough project to redo; rebuild and revitalize this area and this tower will only have a negative impact on this rebuild. The association would like to have the tower located further off of Lincolnway if at all possible. In Rebuttal, Mr. Falvey stated that the two people speaking in opposition to this bill are not located with this neighborhood. They are associations that abut this neighborhood. The Near West side Property of Alliance met with Horvath Communications and they took a vote on this issue and they are located within the spirit of influence in this neighborhood and decided to remain neutral on this issue. With regard to the health issues regarding cell towers that the Federal Communications Act of 1996 indicates within that law that this body is not to use health effects based on RF admissions as a factor in making their decision to deny a cell phone tower site. With respect to moving the location to a site off of Lincolnway, as mentioned prior Horvath Communication did thread the needle in this case, there are not a lot of available properties in this area that are not residential, going further south off of Lincolnway, is not feasible in this particular case. With respect to property values, Charles Hayes built a 280' foot tower on Auten Road. near the Clay Fire Station, since that time an entire neighborhood several hundred very nice homes have been built right behind that site. Mr. Falvey stated that that is purely antidotal, but cell phone towers exist all around this community and all around the country and there really hasn't been any significant decline in property values or we all would have heard the outcry. As far as rebuilding and revitalizing and area is to consider whether or not there is an effective communication system in that area. If you want to attract businesses and residents to that area, you need to make sure in this day and age that they have reliable cell phone coverage. Horvath Communication believes that they will only be enhancing the vitality of this particular area and not detracting from it at all. 15