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REGULAR MEETING SEPTEMBER 13, 2010 <br /> <br /> <br />st <br />Mr. Richard Deahl, Attorney at Law, 600 1 Source Bank Center, 100 North Michigan, <br />South Bend, Indiana, made the presentation on behalf of the petitioner NRJ Real Estate, <br />LLC. <br /> <br />Mr. Deahl noted that the only change in this second substitute bill is that they included <br />the legal description of the Gertrude Street Metal Recycling facility at 3700 S. Gertrude <br />Street. <br /> <br />Mr. Deahl advised that the petitioner is seeking a special exception to allow the operation <br />of a resource recovery facility. He gave a little background information about the <br />operation currently on site. He noted that Gertrude Street Metal Recycling and the <br />Schlipp family bought this property in 2005 and began a metal recycling operation on <br />site. They’ve made some site improvements and are proposing at this time to expand not <br />only their business opportunity but to further enhance the site and to make a significant <br />economic investment in the research recovery facility and overall site improvements. <br />NRJ and the Schlipp family are estimating their overall investment will be on a scale of <br />equipment along in the six million dollar range and in result in employment on day one of <br />18 new employees to help operate the resource recovery facility and up to 30 employees <br />within a couple of years. Mr. Deahl stated that this would allow Gertrude Street Metal <br />Recycling to be a full integrated business recycling center on site. Currently the facility <br />will purchase and accept scrap steel, metals of all sorts, including automobiles, <br />appliances, scrap metals that are trashed by others. That is sold by others and then goes <br />through a crushing operation on site and package the crushed metal for further processing <br />off site. By integrating their operations they can continue to accept automobiles, crush <br />and then further process the metals into scrap metals that would be mostly sold to steel <br />mills to either manufacture either slab or coil steel to have the full recycle of this steel in <br />place. Mr. Deahl stated that the Schlipp’s have met with City officials in preparing the <br />application. He stated that they have met with owners of property in the area and have <br />tried to make a personal commitment to address concerns of the neighbors in their <br />petition and plan for integrating the resource recovery facility on site. He asked the <br />Council to keep in mind the four (4) criteria when voting on this bill. The first is whether <br />or not this project would be injurious to the public health, safety, comfort, community <br />moral standards convenience or general welfare. He noted that the Council will see that <br />considerable time, attention and detail have been put into the site plan to make sure that <br />this use is not injurious in any manner. That’s where you will find that the equipment <br />will be facing north so that any sounds emanating from the equipment operating will <br />primarily be headed north and blocked to the south by control towers. He stated that the <br />difference between what is being proposed on Gertrude Street versus the facility that was <br />in Elkhart and commonly termed a mega shredder is that this proposed project does not <br />compare and is not a mega shredder. This project will be constructed on 27 separate <br />pads, spring pads, which allows the whole equipment to move and so no vibrations will <br />emanate into the ground or felt on or off site. They are also proposing to build an <br />acoustical fence along the north and west sides along with concrete block along the east <br />side together along with a ten foot berm along the south side property line with trees <br />above that to separate any sound from leaving the vicinity of the site specific. The <br />second standard will the use adversely affect the use of the adjacent area or property <br />values. As part of this project NRJ is proposing to construct the fencing along the <br />roadway, along Gertrude Street and make significant site improvements which will <br />increase the aesthetic appeal and the overall nature of the facility and the area <br />surrounding. He noted that there are no homes located within a 1/3 of a mile of the <br />proposed site. The third standard s the use consistent with the character of the district in <br />which it is located, he noted that this is a general industrial district, and has been for years <br />and is adjacent to a landfill for the County. The fourth standard is this use compatible <br />with the recommendations of the City Comprehensive Plan. Mr. Deahl stated that after <br />some research and reviewing this plan, the site together designated to the east as well as <br />property to the north is designated at Heavy Industrial in the City’s Comprehensive Plan <br />and as part of that plan there is a significant emphasis on economic growth, jobs growth <br />both of which will be facilitated by the approval of this project. Mr. Deahl stated that <br />they also filed with the third substitute bill Exhibit A, Commitments concerning the use <br />or development of real estate made in connection with a Special Exception for 3700 S. <br />Gertrude Street, South Bend, Indiana and are as follows: 1. Owner shall not, at any time, <br />store more than 200 vehicles on the Property that have not had all hazardous or regulated <br /> 9 <br /> <br />