08-14-00 Council Meeting Minutes

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REGULAR MEETING AUGUST 14, 2000 Mr. Fozo advised that this bill would clear up a complicated section of the zoning ordinance. At the current time outdoor advertising is based upon the angle that its sits according to the street that its advertising towards. The range could be between three hundred feet (300) and five hundred feet (500) between signs depending upon those angles. It is believed that it would be simpler to have one (1) flat distance between all signs. That distance would be seven hundred fifty feet (750') which is the requirement in the County. The bill also contains language that limits signage along limited access highways. When the original ordinance was written the boundaries did not go out to the Toll Road and the Bypass. With limited access highways the City needs the distance between signage and that is set at one thousand (1,000) feet. The other change is to increase the distance away from residential, churches, historical landmarks and rivers from sixty feet (60') to one hundred feet (100'). The last change is to increase the amount of turn around days in the permit process. Currently the turn around is five (5) days. However, because of the volume of permits going through the Building Department, it was found that five (5) days was not long enough and therefore that is being changed to fifteen (15) days. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Oshanowski, 21358 Ireland Road, South Bend, Indiana, General Manager, Vice- President of Burkhart Advertising, informed the Council that they support this ordinance. The proposed changes are similar to ordinances that have been adopted elsewhere. There was no one else present wishing to speak to the Council either in favor of this ordinance and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AMENDING CHAPTER 14, ARTICLE 2, SECTION 14 -8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. Mr. John Broden, City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Broden informed the Council that recently the curfew ordinance in the City of Indianapolis was struck down. He stated that the City of South Bend's curfew ordinance was modeled after a state statute that was essentially model legislation. Because it was felt that the City ordinance may also be challenged, the City has worked with other communities and has read the court's opinion and have made some minor changes. The amendment adds exceptions for various freedom of speech activities and sponsored civic organizations as well as for an emergency with written permission. He noted that it is hoped that these changes will make the South Bend ordinance constitutional so it can continue to be enforced through the summer months. 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 was no one present wishing to speak to the Council in favor of this bill.