03-22-04 Council Meeting Minutes

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REGULAR MEETING MARCH 22, 2004 Councilmember Kelly made a motion to consider the second substitute version of this bill, with conditions as outlined in the presentation. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa reported that the Zoning and Annexation Committee held a public hearing on the second substitute version of this bill, with conditions and sends it to the Council with a favorable recommendation. Charles Leone, City Attorney read into the record the conditions and changes made to Bill No. 04-29. Mr. Leone stated that Section IV of the Resolution was changed entirely and reads "Approval is subject to the Petitioner complying with the following conditions: 1. All containers stored overnight shall be securely covered to prevent loss or spillage of contents. 2. All containers, with contents stored on site overnight, shall be removed within 24 hours with exception of weekends when removal shall occur within 48 hours. 3. No transfer of contents shall be made. 4. Petitioner shall prove a written statement from the Indiana Department of Environmental Management (IDEM) confirming storage as described herein is not subject to or violative of IDEM's regulations by April 26, 2004. Mr. Brent Bajdek, Assistant Zoning Administrator, Building Department, 125 S. Lafayette St. Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bajdek stated that the Board of Zoning Appeals sends this request for Special Exception to the City of South Bend Common Council with no recommendation. Mr. Tom Walz, Attorney at Law, 509 W. Washington Street, South Bend, Indiana made the presentation for this bill. Mr. Walz advised that he is representing Junoll Industries, Ltd. He stated that Junoll is an Indiana Corporation owned by a husband and wife team of June Sheaks and Bernard Voll. Junoll is a small business that has been operating for six (6) years at 1020/1022 S. Webster. Junoll leases trash containers that are downloaded off a truck and then picked up after they are filled by their customers. Junoll seeks a special exception to allow placement of these storage containers that have contents overnight with the expressed condition that the container would be removed to the landfill within twenty-four (24) hours for a weeknight and on weekends within forty-eight (48) hours. Junoll also agrees wholeheartedly that the containers stored overnight will be securely covered so that it eliminates any concerns about blowing waste or trash. Mr. Walz stated that the refuse that Junoll hauls is really not subject to blowing around. Junoll has also agreed that no contents will be transferred in any respect and as a result his clients feel that any reference to a transfer station is irrelevant. Mr. Walz informed the Council that Junoll will obtain a written statement from the Indiana Department of Environmental Management confirming that the storage as described is not subject or violate of IDEM's regulations. Mr. Walz made reference to a letter dated March 5, 2004 from Deputy City Attorney Ann-Carol Nash. He indicated that Ms. Nash states that based upon her conversations with Catherine Brucker, Director, Department of Code Enforcement and Don Fozo, St. Joseph County, Building Commissioner, and based on representations received from the Indiana Department of Environmental Management, that it does not appear that the operations of Junoll will fall within the definition of a transfer station and it will not require a license under Section 4-51 of the South Bend Municipal Code. Mr. Walz stated that Junoll will agree to obtain a separate letter from IDEM, but he wanted the Council to be aware of this letter and because he did not bring it to the Council's attention in the informal meetings this afternoon. In support of the request for a special exception, Mr. Walz would like the Council to consider the reasons for the request. Junoll is currently occupying the property, it is a very blighted area off Sample Street. -8-