12/03/84 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 3, 1984 also inquired why the designation of transfer station was removed from the original license application. He was advised, that pursuant to discussions held at the Board meeting held on November 26, 1984, the issue of a transfer station was discussed and it was determined that that designation should be eliminated from the application. Mr. Gerschoffer inquired if the Board could ask the applicant for some type of commitment that he will not go into the trash business as in the past Mr. Collier has changed his mind regarding the type of business to be operated. In response, Mr. Fedder and Mr. Leszczynski advised that the Board Resolution considered for adoption this date, addressed that issue and that the applicant is limited to the type of recycling operation outlined in the Resolution. Should another type of operation wish to be conducted, the applicant would have to reapply to the Board. Should the applicant change the type of operation and not reapply, the operation will be closed down. Board Attorney Carolyn V. Pfotenhauer advised that what the Board is required to do is make a recommendation to the Common Council whether or not a recycling operation license should be granted. In order to do that, the Board must receive favorable recommendations from the Department of Code Enforcement and the Fire Prevention Bureau. Both of those departments did give favorable recommendations subject to certain building and fire code violations being corrected. The Board is now in a position to make a determination. Further, any recommendation that the Board would make would be limited to there being approval by the Board of Zoning Appeals for the recycling of materials and recycling limited to selected industrial waste and for no other purpose. Mr. Gerschoffer inquired of Board members if they inspected the premises at 1100 Prairie Avenue which is proposed for this recycling operation. Board Attorney Carolyn V. Pfotenhauer advised Mr. Gerschoffer that it is the responsibility of the Department of Code Enforcement and the Fire Prevention Bureau to do the inspections and provide the Board with a report and recommendation. Mr. Leszczynski and Mr. Vance did' -state however that they are familiar with the building and have -been in it in the past for other reasons. Ms. Pfotenhauer advised that the Board at this time can recommend to the Common Council that the license be granted only after all building and fire code violations, approval of building plans, and compliance with all state and local occupancy requirements and receipt of an Occupancy Permit from the City are secured. Mr. Frank Kuminecz, 1534 South Nash Street, South Bend, Indiana, was present and addressed the Board. Mr. Kuminecz stated that he is against the City granting approval to the applicant to conduct the recycling operation known as Something of Value, Inc. and believes it is a mistake to grant approval. He stated that he believes that there is no way they can comply with the code violations as the building has been idle for twenty-one years. There being no one else present wishing to speak either for or against this license application, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following Resolution No. 25-1984 was adopted: RESOLUTION NO. 25-1984 WHEREAS, a license application for a recycling operation has been received by the Board of Public Works; and