09/08/1980 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 8, 1980 need be, the Board could hold a special meeting on September 10th, in order to give final action to the matter so that it could be presented to the Council that same day. Mr. George Divjak, President of the Rum Village Neighborhood Association, asked that the Board take a tour of a similar facility in Sturgis, Michigan.. He stated that that facility involved a shredder process. He was opposed to such a facility at the proposed site and expressed concern with not knowing about the petition previously. He stated vehemently that he was opposed to any more junkyards in Rum Village. Mr. McMahon advised Mr. Divjak that this matter had been before the Board for some time and a public hearing had previously been held which allowed for objections at that time from any citizen. He also stated that a number of City Council members have met and toured a similar facility in Fort Wayne to view the operation which would be used in South Bend. He maintained that the Council would have to address the residents' objections at this public hearing if they did not pertain to the technical requirements of the ordinance. Mr. James Wensits, South Bend Tribune reporter, asked if the operation would in fact utilize a metal shredder. Mr.. Bancroft stated that he had not been given the opportunity to address and respond to some of the comments made previously, and he asked for permission to answer Mr. Wensits' question. He stated that no shredder would be utilized, and he stated that he was confused and surprised at Mr. Divjak's comments when he had earlier spoken in favor of the applica- tion. Mr. Bancroft stated that he was aware the petition, which pertained to an industrial waste processing facility, requested the issuance of a junk dealer's license; however, he further stated that this was requested because it was the only city ordinance under which the operation would generally fall. He pointed out that the same type of operation would be used as was previously used by Bremen Iron and Metal on Gertrude Street, only the operation would be expanded. He felt the residents.in the area would want and welcome the operation to the proposed location so that the area could be improved from its present condition. In addition to improvements to the area and cleaning up of the area, the company was investing a considerable sum of money in the community and was creating new jobs. He stated that there was an existing use at the rear of the property at this time and he felt the 1,000 foot requirement would not apply because of that. He concluded by stating that he felt his client was being treated unfairly for what it was trying to accomplish for South Bend. There was a brief further discussion on that portion of the property which lies within the 1,000 foot requirement. Mr. Crone stated that the technical requirement of the ordinance would cut out that portion of the property within 1,000 feet. Mr. Knepp stated that a legal description of the property in question would help to determine the boundaries and which portion fell within the 1,000 foot requirement. Mr. Bancroft stated that he agreed with Mr. Crone's statement, and he further indicated that, if the small triangular portion of the area needed to be excluded, his client would find no problem with that so long as all the other portions of the property were in compliance. Mr. Hill stated that he felt there would be no technical error if, as Mr. Bancroft had stated, written representation was given to the city by Bremen that any area within the 1,000 foot requirement be excluded. Mr. Knepp advised that, at present, the legal description of the area which was currently licensed and operating as a junk yard was not known. Mr. Hill stated that there have been valid issues raised regarding this type of operation, but the Board of Public Works could not deny a license for the same reasons that the Council could. He explained that the Board's obligation was to look at the technical aspects of the ordinance only and compliance with those technical requirements. If all technical aspects were met, the Board would have no choice but to approve the matter. He asked that Mr. Bancroft submit a statement that the legal description to which the license would apply would be amended to include only those areas zoned "E" heavy industrial, and that there would be no expansion or encroachment within the 1,000 foot distance,, unless that area was previously licensed.