09-13-10 Zoning & Annexation Committee

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Rich Deahl, Attorney for the petitioner began a rather detailed presentation of the project itself, the character and commitment of the petitioners, the location, and 11 additional commitments incorporated into a second substitute bill. The agreed to accommodations were devised from objections heard at the BZA hearing, from meetings with neighbors and from a bus trip for interested parties to see a similar operation in Toledo. Mark Lyons from the Building Department described the BZA hearing noting the Council had 60 days from the August 4, 2010 BZA determination to take their own vote. A rejection by the Council would kill the petition. A vote in favor would ratify the BZA ruling and no vote in the time period would mean the BZA ruling prevails. Rich Deahl summed up his presentation introducing the petitioners, the Schlipps, and describing their positive efforts beyond the necessary to be good neighbors. Opening to Council questions, Council President Derek Dieter asked about noise and traffic. Tim Rouse asked whether the Schlipp's have operated other facilities. Councilmember Oliver Davis asked about the enforceability of commitments and Councilmember Kirsits asked about possible contaminants. Councilmember Henry Davis asked about the facilities economic impact in terms of jobs, payroll, and taxes. Randy Schlipp, Gary Gilot and Rich Deahl, all supplied answers and assurances to questions. Turning to the public in favor, Kirsits recognized Sal Gerschoffer who resides in the area and spoke in favor. Gary Gilot recounted his visit to the Dayton facility comparing South Bend's proposed site favorably. Councilmember LaFountain asked about the amount and route of truck traffic. Nearby residents speaking against raised questions about, noise, pollution, decreased property values, truck traffic, safety concerns, and hollow promises. Gay Gilot, Director of Public Works, spoke in favor of the proposal suggesting 3 more commitments be added to the resolution. Namely, trucks prohibited from going north on Gertrude, an acoustic fence and berm be incorporated into the plan. And that the operation include fire and vibration control. The petitioners agreed to all 14 points hopefully covering every contingency. In summing up Councilmember Oliver Davis, 6th District said that 4 criteria for granting an exception had not been met. Councilmember Varner said a more remove area would be better. Councilmember Varner motioned the bill go the Council unfavorably. Councilmember Oliver Davis seconded. Chairperson Kirsits called the question and it was defeated. Chairperson Kirsits then wrapping up the hearing said he believed the proposal was the best use for the area. Councilmember LaFountain agreed. Chairperson Kirsits moved the bill be sent to full Council with no recommendation. Councilmember Varner seconded and all affirmed.