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12-08-03 Council Meeting Minutes
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12-08-03 Council Meeting Minutes
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City Council - City Clerk
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Council Mtg Minutes
City Counci - Date
12/8/2003
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REGULAR MEETING DECEMBER 8, 2003 <br />this site as a scrap iron and recycling facility. The same is applicable to their petroleum refining <br />operation which has been in existence for twenty (20) years. There are above ground oil tanks for <br />the storage and distribution of petroleum products. They receive products from a number of sources <br />and then distribute to the foundries and asphalt plants so they do not have to use virgin oil. This <br />saves construction costs and is a form of recycling. This would not be permitted in the "D" zoning <br />that was approved in 1991 with no objection from Mr. Hurwich who wanted to see recycling <br />continued. Hurwich would now like to continue a crushing operation. They would crush asphalt, <br />brick and concrete into aggregate. The asphalt, brick and concrete that would normally go to the <br />landfill would now be crushed for utilization on construction projects. This operation would be done <br />on the central southern portion of the site and would be behind buildings. The grinding operation <br />would occur approximately three (3) to four (4) months of the year. They would stockpile material <br />and then crush the material. This work is subbed out and they use the same contractor that the City <br />of South Bend uses. Mr. Zappia advised that Hurwich is permitted to do the crushing operation for <br />their personal use at this time. He asked why they could not get permission to do that for the other <br />potential users so they can save the landfills and some costs to the construction industry. Mr. Zappia <br />advised that they would like to do wood grinding on the site. They would take organic material <br />which they would shred and color and resell as landscape material to a larger user. They would use <br />a water soluble non toxic dye and meet all EPA standards. This would all be done in a closed <br />machine and is another form of their recycling operation. Mr. Zappia stated that his client, Mr. <br />Mike Morris, a fourth generation member of the Hurwich family, studied foundry practices in college <br />and managed the trucking division for his uncle, Mr. Jim Hurwich. He knows everything about the <br />operation and has been a proponent for recycling. In 1981 he purchased the division of the company. <br />Additionally, he and his wife currently operate and own US Scrap & Recycling in South Bend <br />located on South Walnut Street and since 2002, he has committed to clean up the Hurwich site in <br />a way that is beneficial to all parties concerned. Mr. Zappia asked the Council to look at the merit <br />of some of the issues they will hear this evening. He stated that they will hear about truck traffic. <br />The Petitioner will fully cooperate with the City Engineer in routing traffic away from the residential <br />area and they believe they will not add any additional traffic. There is truck traffic already to the <br />north, east, west and south as this area is heavy industrial. Mr. Zappia stated that Hurwich does <br />not create dust for Frankie's Barbeque. Perhaps other trucks going down the road do but it is not <br />from Hurwich. Mr. Zappia noted that the Council will hear issues about noise. He noted that there <br />are Health Department and City codes to control that. Hurwich does not create noise and there have <br />been no complaints to them about noise. There are one hundred ten (I 10) trains that go by this area <br />each day which is one (1) train every twelve (12) minutes. In 1978 the South Bend Economic <br />Corporation sold to Hurwich Iron additional surrounding land for expansion at the present site. He <br />noted that Hurwich currently crushes for their own use and a yes vote on this rezoning will allow <br />them to sell the recycled material to the public. Mr. Zappia stated that Hurwich is ready to invest <br />$1 million in equipment and will probably add ten (10) employees with a salary range of twelve <br />dollars and fifty cents ($12.50) to eighteen dollars ($18.00) an hour. Hurwich is trying to improve <br />the property and they have been there for eighty -six (86) years. <br />Councilmember King noted that the original ordinance filed with the Council which was referred <br />to the Area Plan Commission came back with modifications in which they have agreed to inserting <br />some provisions regarding limited uses. Because of that, the Council should be hearing the <br />substitute version of the bill. Councilmember King asked both Mr. Zappia and Mr. Myers to <br />acknowledge that in fact the substitute version of the bill is what they have been referring to in their <br />presentations. Both gentlemen acknowledged this fact. Therefore, Councilmember Coleman made <br />a motion to document that the Council is conducting this Public Hearing on the substitute version <br />of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) <br />ayes. <br />Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, South Bend, Indiana, reminded <br />the Council that they have received a copy of the site plan for this rezoning and that is what the <br />Petitioner would be held to. Under the guidelines for "D" Light Industrial the Hurwich area has <br />some fencing which is all that is required. As part of this rezoning procedure they will add an <br />additional one thousand (1,000) lineal feet of berming and landscaping along Washington Street by <br />In <br />
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