03-22-04 Zoning & Annexation - Laserfiche WebLink

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Attorney John Lloyd representing Richard Brothers of 401 West Sample Street located behind the subject property stated that the petition should be appropriately changed to reflect that this should be designated as a Junoll petition and not a BZA petition. He also added that whether the entity is a transfer station is best addressed by IDEM: Whenever debris is moved from one container to another it constitutes a transfer station,however,the arrangement as described here is "murky." IDEM also has preemptive rights,and where its authority exists,local government has no jurisdiction. Council Member Varner stated that this is an industrial site surrounded by industrial uses and in the interest of keeping this industry viable,the owners.should do whatever is necessary to assure that the business activity will not constitute a "transfer station" subject to IDEM or other City regulation. He noted that if this petition is approved the area becomes productive,but if not,it could remain vacant for years. He urged the Council to "work proactively" to solve the problem. Council Member Coleman stated that he was uncomfortable with many of the problems described, particularly the blowing of trash overnight. Council Member.Coleman also thought it might be appropriate to have IDEM weigh in on the issue of whether this did or did not constitute a transfer station. The Council discussed the necessity of including as a condition to any approval of the Bill that the containers be covered overnight as well as other conditions. A discussion ensued as to the appropriate method of securing an opinion or review by IDEM. Attorney Walz stated that he spoke with Steve Schaffer at IDEM who verbally advised Mr. Walz that if this business is not transferring material from one container to another, it would not fall within IDEM's jurisdiction. It was moved and seconded that Bill No.04-29 be approved if amended to contain the following conditions: 1. That the containers be covered in accordance with appropriate regulations to prevent blowing and scattering of contents; 2. That the containers be removed from the premises within 24 hours except for weekends when the containers would be removed within forty eight(48)hours; 3. That there shall be no transfer of materials between containers; and 4. That there be written review by IDEM confirming that the business activity as described does not fall within regulatory jurisdiction of IDEM. The Motion was unanimously approved by the Committee. C. Miscellaneous Matters Mr. Jim Frick,President of the South Gateway Association,requested Council support for a remonstrance against the renewal of the Glo-Worm Liquor.Permit. Mr.Frick stated that the Local Alcoholic Beverage Board would meet Wednesday,March 24,2004 to determine whether the Glo- Page 3