06-13-94 Public Works & Property Vacation

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Public Works and Property Vacation Committee Report June 13, 1994 Page 2 Mr. Roger Bailey,of the Rum Village Association, stated that the Common Council should have received a letter from Don Newicky of the Association against the proposed scrap yard. He stated that he believes it has not been a functioning scrap yard that has been licensed for the past three to four years.He questioned parking,noise, bathroom facilities, and high traffic counts in the area. Mr. Patrick Nowack, a board member of the Rum Village Association, also spoke against the proposed scrap yard. Mr. Roger Benko asked whether EPA had tested the land in question. He stated that in the 1920s and 1930s there was a roofing company located there. He also believed that the real property owner was Schaeffer Gear. He questioned the sewage facility and the amount of property in question. Kathy Dempsey stated that the area is 1.347 acres and showed a printout to the Council. Mr. Tom Brockton, the owner of A-1 Auto Parts one half block away from the proposed junk yard facility, stated that the proposed junk yard would not have an office, restroom facilities, or building while all other operations of this type are required to have them. He stated that there is no off street parking provided by the proposed junk yard operation. Council Member Gene Ladewski stated that the key number for the property in question 37801 and does have 1.347 acres. Council Member Duda questioned the bathroom facilities.It was noted that they are not required by local ordinance. She was informed that a license was taken away through a preliminary injunction procedure through the court system in September, 1987 and that they were enjoined from doing business from that date forward. There had been subsequent applications for license, but none had been issued. She was also advised that any use within the "E"Zoning would be appropriate for the area in question. It was also noted that EPA testing for soil is not required by local ordinances. She stated that she has a growing concern over water and soil contamination and that,perhaps, future legislation is necessary in this area. The Council Attorney noted that the ordinance in question was passed by the Common Council in 1979, and had copies of the Council meeting minutes from the meeting. Council Member Ladewski questioned whether the one thousand foot restriction of the 1979 ordinances applies, and Council Member Zakrzewski stated that it does. There were also remarks made by Council Member Zackrzewsld with regard to railroad ties on the property, slag for the off street parking,rim tires, scrap metal,fencing.He stated that at a meeting held in 1983 with city officials, Mr. Rhodes, and Mr. Cupery, that they were advised that anything that they would do was"at their own risk". It was noted that Mr. Cuprey applied for a 1993 license to do business, but did not comply.