03/26/84 Board of Public Works Minutes

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REGULAR MEETING MARCH 26, 1984 FILING OF PETITION FOR AMENDED LICENSE AND FOR RESOLUTION WAIVING SETBACK REQUIREMENT AND APPROVAL OF AMENDED LICENSE - METAL RESOURCES CORPORATION (1147 PRAIRIE AVENUE) Mr. Leszczynski advised that Mr. Jack C. Dunfee, Jr., Attorney at Law, Barnes and Thornburg, Sixth Floor,.lst Source Bank Center, South Bend, Indiana, representing Metal Resources Corporation, 1147 Prairie Avenue, South Bend, Indiana has submitted to the Board a Petition for Amended License and for Resolution Waiving Setback Requirements for the Metal Resources Corporation. Mr. Dunfee was in.attendance at the meeting and introduced Mr. Daniel M. Rifkin, President of Metal Resources Corporation. Mr. Dunfee began his presentation to the Board by displaying an aerial photograph of the property in question with parcels outlined for clarification. He advised that the Petition submitted asks the Board of Public Works for two things. First, to amend the license previously granted in 1980 and second, to add a second parcel to the site. He further advised that the second aspect of the Petition requests the Common Council to not only approve the amendment but to give a waiver of the 1,000 foot distance requirement between the scrap yard and certain zoning use districts. Mr. Dunfee advised members of the Board that in 1980 the Petition for License was in the name of Bremen Iron and Metal Company, Inca but subsequent to that time the name of the operation has changed to Metal Resources Corporation. He stated that Metal Resources is a subsidiary of the Superior Companies located in Fort Wayne, Indiana. He presented to the Board a corporate brochure of Superior Companies and pointed out a.photograph of the Fort Wayne operation.. He further advised that Metal Resources Corporation is a family -owned operation with Mr. Daniel Rifkin's father being the President and Chief Executive Officer of Superior Companies. As background information, Mr. Dunfee pointed out that the site of the current operation was selected in 1979/1980 largely because of it being in an industrial area, close to other sources such as railroad trackage as well as having the correct zoning. He advised that the amendment to the South Bend ordinance concerning the waiver of the 1000 foot distance requirement was enacted about two months before Metal Resources started putting parcels of property together for the operation and said ordinance amendment prohibited operation within 1000 feet of residential zoned parcels of property. Referring to Exhibit B attached to the Petition, Mr. Dunfee pointed out that the two areas outlined in green ink are within the 1000 feet which affects only a part of Parcel I. The remainder of Parcel I was grandfathered as there was a pre-existing scrap yard on that parcel and therefore the ordinance could not apply to it. He stated that only a portion of Parcel II is subject to the 1000 foot requirement. Mr. Dunfee further stated that the 1000 foot distance requirement applies to only one scrap and junk dealer, that being Metal Resources Corporation. He stated further, after 1980 the Common Council, in an attempt to induce another company into South Bend, amended the ordinance to provide that the Common Council could waive the 1000 foot distance requirement. As stated in the ordinance, one of three standards must be met for the waiver to be granted. He indicated that Metal Resources will not conduct its scrap yard operation closer than 500 feet of the existing residentially zoned area and stated that consideration by this Board is only one step in the process which Metal Resources is going through. He stated that Metal Resources is seeking EDC bond financing, an amended license, waiver of the distance require- ment, tax abatement and finally, the closing of the EDC bond financing. Mr. Dunfee stated that he knows of no complaints filed regarding the operation on the site and indicated that he has asked the Department of Code Enforcement and the Fire Department Inspection Bureau to submit new inspections reports to the Board. In concluding his presentation, Mr. Dunfee stated that he considers the Metal Resources operation one of the country's finest businesses and that the operation will provide 75 new jobs to the community.