11-11-13 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 11, 2013 Henry Davis, Jr.: Ok, so my question at this point is that we had a meeting this past week on some things on Western Avenue, second hand car lots and different things, so is that per the new state code or I'm just trying to get a handle on what's going. Angela Smith: This would only apply to the building. So for instance if there was a building along Western Avenue and the property was rezoned for whatever use whether it had been vacant for a long time or not and it sets to close to one of the property lines, this would exempt them from asking for a variance for that. The theory behind it is that if the property is rezoned we are not going to make them tear down the building and move it 5 ft. to comply with the current zoning. Petitioners have been requesting the variance and the variances were granted, it's actually a step in the process that is just cumbersome to the petitioner. It does not eliminate them from the screening. So if there is a residential buffer yard that they need to install, if there is additional landscaping that they need to comply with or if there is additional parking, they are still required to comply with all those regulations or seek a variance through the variance process. Henry Davis Jr.: Thank you. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis, seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 49-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Scott seconded the motion which carried by a voice vote of eight(8) ayes. Kathleen Cekanski-Farrand: Substitute Bill 49-13 in Section I amending Section 16-8 the last sentence that is recommended as being new to read as follows: Any yard waste set out for collection in any manner other than in a container leased from the City shall be limited to a maximum of thirty-five (35) pounds per container. On Page 2 Section II to add a new sentence to subparagraph G which would read as follows: If a leased yard waste container is lost or stolen the City shall replace such container and its cost only once per calendar year. Councilmember Scott made a motion to accept the amendments as read by Council Attorney Kathleen Cekanski-Farrand. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. , Eric Horvath, Director, Public Works, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Horvath advised that this ordinance comes as the result of previous code allowed for plastic bags to picked up and people could put out yard waste in plastic bags and we are taking them out to organic resources so when we are trying to compost the yard waste out there unfortunately we ended getting the number over the last 15 years over 100,000 cubic yards of plastic contaminated yard waste that we have been trying to screen unsuccessfully. So we've got a