06-09-03 Council Meeting Minutes

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REGULAR MEETING JUNE 9, 2003 Mr. Myers advised that this bill was initiated by the Common Council and amends Chapter 21 of the South Bend Municipal Code by the inclusion of a new Article 13 entitled Regulations for Wireless Telecommunications Facilities. The Area Plan Commission, based on its Public Hearing held on May 20, 2003, sent this petition to the Council with a favorable recommendation. The proposed ordinance contains regulations from the forthcoming South Bend Zoning Ordinance. These regulations will aid the City by encouraging the orderly development of wireless telecommunication technologies for the benefit of the City and its citizens. Councilmember Ervin Kuspa, Sixth District Councilmember and Chairperson of the Zoning and Annexation Committee, no address given, made the presentation for this bill. Councilmember Kuspa advised that the Council has initiated the proposed wireless telecommunications ordinance in the hope of creating reasonable zoning regulations which are respectful to City residents and neighborhoods, which is consistent with federal law regulating the wireless technology industry and which addresses the orderly development of this technology throughout the City. He noted that the proposed ordinance would create a new Article 13 to Chapter 21 of the Zoning Chapter of the South Bend Municipal Code. It is a result of much study and discussion which began in December of 2002 with the assistance of the Area Plan staff members, members of the Council, the Building Commissioner and representatives of the Baker & Daniels Law Firm. The proposed ordinance would set forth definitions, would create a siting hierarchy for location of such technology, would require that a Special Exception be requested for locations and it would require removal of any tower and related structures which have been abandoned from its use for one (1) year. The bill would require security to assure such removal and would establish enforcement procedures and penalties. Councilmember Kuspa stated that he believes that this ordinance is definitely in the public's best interest since it carefully balances the rights of citizens to be protected from visual clutter and the rights of those who wish to develop wireless communications in the City. Councilmember Kuspa urged the Council to recommend favorably on this proposed ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation of the second substitute version of this bill to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY