03-22-04 Council Meeting Minutes

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REGULAR MEETING MARCH 22, 2004 Junoll has made substantial improvements in cleaning the lot of tremendous overgrowth. Junoll has also renovated two buildings on the property and removed trash from the site. Junoll believes that what they are doing is a great asset in a very heavy industrial area. Junoll is seeking this special exception because of the kind of business that they are in and working with the area landfills. The landfills are restricting their hours of business. The Indiana landfill hours used to be from 6:00 a.m. to 5:00 p.m. The new hours are from 7:00 a.m. to 4:00 p.m., and what this does is shorten Junoll's business day. Mr. Walz noted that one purpose for the special exception is to allow Junoll to pick up these containers later in the evening and when Junoll cannot make it to the landfill, they will be able to download the containers on their lot, which will be away from any residential areas, will not be visually noticed in any respect, and immediately the next morning they will be taken to the landfill. Mr. Walz noted that his client Junoll Industries feels that the approval of this request for a special exception will not in anyway be injurious to the public health, safety or general welfare of our City. Mr. Walz informed the Council that Junoll believes that they are making a constructive and positive statement by buying this property. Junoll has completely fenced the entire property with 8' chain link fence with barbed-wire across • the top. The property will be secured every evening, no one will be able to gain access to these trash containers or will trash be blowing out of the area. Mr. Walz further noted that Junoll has established their strong desire to make this property a very businesslike operation. Mr. Walz stated that Junoll does not haul what we refer to as perishable garbage. Junoll hauls demolition waste and waste from clean up projects such as cleaning out a garage. The adjacent properties to the Junoll property will not be affected in any negative way. Mr. Walz thanked the Council, City Attorney's Office, Building Department and Code Enforcement Department for their substantial amount of effort and hard work in investigating this matter. Mr. Walz asked the Council for their favorable approval of this resolution. President White asked that a copy of the letter from the Deputy City Attorney Ann-Carol Nash become a part of the public record. A Public Hearing was held on the Resolution at this time. John Lloyd, 52805 Spring Mill Ct., Granger, Indiana, business address 53732 Generations Dr. South Bend, Indiana, Attorney, speaking on behalf of Ritchard Brothers, 1204 W. Sample Street, South Bend, Indiana. Ritchard Brothers is located directly in front of the Junoll property. Mr. Lloyd noted that there concern regarding this special exception is that this property owned by Junoll is still consider a transfer station. Mr. Lloyd noted that he believes that the Council has addressed those issues in the conditions that are now a part of the Resolution. Mr. Lloyd would like the Council to take those conditions seriously in light of the response from the Indiana Department of Management. Mr. Lloyd stated that he would like to see more conditions added to this special exception and that would be that only C and D material be allowed in these storage containers and that only six storage containers be allowed on the property. Mike Morris, 1420 S. Walnut Street, South Bend, Indiana. Mr. Morris indicated that he would like the Council to consider in the conditions regarding this property is to allow for screening and solid fencing as is called by the Department of Code Enforcement for similar operations of this nature. Mr. Morris would also like to see the use of water proof tarps to cover the storage containers to prevent whatever debris that is stored does not run off and contaminate the ground or run off into wells or city sewer and water. Mr. Morris would like to see limited hours of operation and a limited number of storage containers on the site. In rebuttal, Mr. Walz stated in response to limiting the waste to C and D materials (construction and demolition waste), Junoll takes the position that they will only haul construction, demolition and yard waste. Mr. Walz and his client Junoll want to be clear and straight forward in mentioning what type of material will be hauled. As far as the transportation and truck noise, this is a heavy industrial area, trucks are in and out of the adjacent properties as well and it is their belief that they will not effect the truck traffic in anyway. Mr. Walz stated that they think that they have worked out all the exceptions that were consistent with what has been discussed and -9-