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HomeMy WebLinkAbout06-13-94 Public Works & Property Vacation .T • Committee Zsport Public Works and Property Vacation Committee to the common tountit of the City of South lain : The June 13, 1994 meeting of the Public Works and Property Vacation Committee was called to order at 4:15 p.m. by its chairperson, Council Member Steve Luecke in the Council informal meeting room. Persons in attendance included Council Members: Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, Ladewski; Charles Rhodes, Kathy Dempsey, Roger Bailey, Mr. Roger Benko, Mr. Patrick Nowack, Tom Brockton, Don Porter,Larry Prout, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No. 49-94 which is a proposed vacation of an alley which was continued from the last Common Council meeting. Mr.Larry Prout, the petitioner, noted that he has reached agreement with the other property owner and that they proposed that after the vacation would be approved that it be divided for tax purposes in an east-west direction. No motion was needed in light of the favorable recommendation given at the last committee meeting. The committee then reviewed Resolution No. 94-58, which is a resolution to approve the issuance of a scrap metal/junk dealer/recycling operations and transfer station license for calendar year 1994. It was noted that Mr. Charles Rhodes the owner of the property, was present and that Mr. Steve Cupery is purchasing the land pursuant to a land contract. The Council Attorney noted that notice had not been given of the meeting to the land contract holder; however, she did note that Mr. Rhodes was present. Kathy Dempsey, of the Code Enforcement Department, gave a brief review of the property in question located 307 West Culvert. She stated that the petitioner has met the majority of the requirements with the Fire Department and Building Department giving approvals. She noted that the petitioner has cleaned the property and has met all street parking requirements. Mr. Charles Rhodes noted that one year ago, he and Mr. Cupery met with city officials. Approximateley$40,000.00 has been spent to bring the land into compliance. He stated that the property in question is almost two acres and that it has not been in operation since the city took the license away. 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. Public Works and Property Vacation Committee Report June 13, 1994 Page 3 Council Member Zakrzewski stated that South Bend Scrap has a site on Praire Avenue and for the last several years since the 1979 ordinance has always appied for a scrap yard license for that facility as well as the Gertrude facility in light of the grandfathering clause. He stated that the proposed scrap yard site is within five hundred feet of a residential area. Again, he stressed that when he met with Mr. Cuprey that he stated that any improvements would be at his own risk, and that he did not meet the thousand foot requirement. In response to a question raised by Council Member Zakrzewski to Kathy Dempsey, she testified that there has not been a licensed scrap yard use in operation at the proposed site for at least four years. Council Member Slavinskas stated that he shares many of the same concerns raised by Council Members Zakrzewski and Duda especially with regards to contamination. Council Member Coleman stated that he's troubled by the thousand foot requirement, believes that enviromental concerns should be taken into affect, but not for this particular application since they are not required by local ordinance. Council Member Washington stated that it appears that the operation that is proposed has not been in"continues operation" and agrees in regard to the remarks made by Council Member Slavinskas"110%". He shares the environmental concerns, but again believes that that is a topic for future legislation. Council Member Luecke stated that environmental concerns should apply to all businesses. Council Member Slavinskas stated that continuous, legal, and lawful should be considerations for manners of this type as well as zonings. Following further discussion, Council Member Duda made a motion, seconded by council member Ladewski, that proposed Resolution No. 94-58 be recommended unfavorably to the Common Council. Council Member Duda noted that she had been the secretary at the Rum Village Association in 1979, and that more strict requirements were requested at that time in the interest of controlling scrap and junk yards within the area. She noted she had even picketed the site in question in 1979. The committee then voted three to two with Council Members Washington and Luecke abstaining and Council Members Puzzello, Zakrzewski, and Ladewski in the majority. There being a no further business to come before the Committee, the meeting was adjourned at 5:20 p.m. Respectfully submitted, Council Member Steve Luecke Chairperson Public Works and Property Vacation Committee Attachments SL:KCF:jah