12-08-03 Council Meeting Minutes

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REGULAR MEETING DECEMBER 8, 2003 Adams Engineering and also along the portion of Washington Street which is the main entrance at the point Circle Avenue was vacated. As part of that, the berming will be eight (8) to ten (10) feet tall and on top of the berm they would add additional evergreen screening. Also, as part of the mounding area they will add ground cover. This should take care of any issues about dust along at least the portion that is existing for the berm that is there today. They will also add street trees along Washington Street pursuant to Park Department guidelines. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Mike Jones, 1337 Joyce Avenue, South Bend, Indiana, advised that he is the operator of a woodworking and landscaping business with a warehouse at 1636 Circle Avenue. He stated that the warehouse is directly across the street from where some of these materials have been crushed with the nearest pile being about one hundred (100) feet away. Mr. Jones stated that he has been at this location for six (6) years for as much as twelve (12) hours a day and dust and noise is not an issue when Hurwich does their crushing. Mr. Jones informed the Council that he likes all the good things that are happening in this area and believes that this operation will fit in well. He noted that the truck and train traffic make the noise. He suggested that perhaps big piles of rock might deaden the noise from the trains which blow their whistle at Olive Street. Mr. Jones stated that this is a noisy area with a lot of other industry nearby and he asked the Council to give this Petition a favorable recommendation. Mr. Michael J. Carmichael, 5905 U.S. 31 South, South Bend, Indiana, stated that he was hired by Mr. Mike Morris of Hurwich Iron to do dozing and other things that involved heavy equipment. The only time there was any dust it was not on the Hurwich property but was along the fence on the railroad side. He noted that there is a lot of trash along the tracks and Mr. Morris wanted it cleaned up and that it what they did. It did start to make some dust and they had instructions that if anything made dust they were to stop work. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Sean Trotter, Owner, Frankie's Barbeque, submitted photographs to the Council. He stated that when Mr. Mike Morris first brought this proposal to the community he mentioned that he was only going to do mulch which will definitely cause an odor. Mr. Trotter informed the Council that the photographs show what should have been cleaned up and rectified. Mr. Trotter stated that his restaurant has a patio and he has spent over eighty thousand dollars ($80,000.00) in the last couple of years trying to improve the neighborhood along with other community people. When the wind blew this summer, all the dirt from the mounds of dirt on the Hurwich property came onto his property and his customers could not dine on the patio. Mr. Trotter stated that the dust caused a major problem for his business and what Mr. Morris is proposing to do will not benefit the community. He also noted that he employs sixteen (16) full time individuals which should be considered. Mr. Trotter asked that the Council also take into consideration all the heavy traffic that will come down Washington Street. He further noted that there are five (5) churches that have all put money into development and Mr. Mike Morris and his company have never done anything for this area. Mr. Trotter asked for the Council to send this bill with an unfavorable vote. Mr. Richard Chambliss, 1243 Van Buren, South Bend, Indiana, informed the Council that some time ago his father purchased property located behind the Hurwich property and wondered why he got such a good deal. When summer came and the Hurwich trucks would come down the street, metal would be falling off and Hurwich showed no respect for the people. He stated that they should have come before the Council then to get some results. Mr. Chambliss informed the Council that he does not trust Hurwich. He attends St. Augustine Church and would be disappointed if the Council lets Hurwich do what they want to do. Mr. Chambliss stated that at certain times in the -10-