HomeMy WebLinkAboutA003 - Letter dated December 10, 2012 from Denali Recycling expressing concerns DEC 1 1 2012
ENALI
Recycling Co., LLC
l 1
--CITY CLERK
1910 E. Lincoln Wa
CITY OF Ah .S.IOVJA �1 y
Ames, IA 50010
PH: (515) 520-1569
denalirecyclingcorri pa i iv wr I"f,ali.coni
December 10, 2012
To: Doug Marek, City Attorney
Cc:Judy Parks, Assistant City Attorney
Re: Denali Recycling Company concerns
To whom it may concern:
I am writing to you today to express my concern regarding the handling of Denali Recycling Co., LLC
(DRC) over the past few months. It appears to me that my company has been singled out and is being
treated unfairly according to the Ames City Municipal Code. I ask you to review this letter carefully and
provide assistance to DRC regarding corrective measures.
I moved into my current location at 1910 E. Lincoln Way eighteen months ago. Prior to signing my lease
agreement I met with the Ames City Manager,Ames Public Works Director,Ames Planning and Zoning,
Director of the Ames Resource Recovery Facility and the Iowa Department of Natural Resources. I
wanted to make sure no stone was left unturned. I was told by the city that I would not be considered a
solid municipal waste hauler and therefore needed to acquire no permits or have no inspections for my
vehicle. Planning and Zoning said I would be classified as a warehousing operation and therefore no
permit would be required from them. I was told by the Iowa DNR that if I was collecting source
separated paper, glass, metals and plastics I would not be considered a waste facility and therefore no
permit was required.
I operated my business for seventeen months at this location with no word from the City of Ames that
something was wrong. At this point I was informed by Iowa State University that I had won a bid for
their cardboard recycling program. Before we could sign the contract, ISU was requesting from the city
a letter stating it was ok to bale cardboard at my current location since I put no permit number on my
bid. I authorized them to call the city on my behalf requesting this information since I knew I had done a
complete check with the city before moving into this building and was in compliance with Ames
Municipal Code.
This is when the issues started.
There was a problem with this request according to ISU and therefore I went in to meet with Planning
and Zoning. I met with Charlie Kuester and was told at this time he was unable to issue me a letter
stating DRC was ok to bale cardboard at the 1910 E. Lincoln Way address. Charlie informed me the City
of Ames was considering me to be under the Waste Treatment and Processing category and not the
Warehousing category under the General Industrial zoning classification. I presented my case to Charlie
and gave him the letter from the city attorney stating I was not being considered a waste hauler and
that I was in communication with Planning and Zoning. Charlie was unable to find anyone in the
department who could remember talking to me but did inform me there had been turnover in the
department. After meeting with Charlie a few more times, I was told I needed to obtain a Special Use
Permit for what I was doing. I decided to just pay the $150 application fee and get my permit. I would
like to state Charlie was good to work with. He treated me with dignity and respect and met with me on
very short or no notice. I believe Charlie reflects well on the City of Ames and we are lucky to have him.
I have recently received a copy of the Ames Zoning Board of Adjustments agenda for December 12.
After reading thru the agenda I again feel I am being singled out and according to the Ames Municipal
Code should not even be required to obtain this permit. Below are some concerns I have regarding this
entire situation.
1. Before moving into my current location, I did a complete check with The City of Ames and was
allowed to proceed without a Special Use Permit. I was classified as a warehouse operation.
Then I went back to the city seventeen months later and was told I was a warehouse operation
of"waste products" and needed a Special Use Permit. Now when I read the agenda, I am being
told cardboard will be considered a commodity and everything else is still considered waste.
According to Ames Municipal Code(table 29.501(4)-4)the definition of Warehouse and Freight
Handling is as follows: Uses that involve the storage or movement of goods. Goods are
generally delivered to other firms or the final consumer. There is little on-site sales activity with
the customer present. Exception: Uses that involve the transfer or storage of solid or liquid
wastes are classified as Waste Processing and Transfer Uses. According to the agenda, the city is
again reaffirming that cardboard is a commodity and not a waste. So by that, DRC falls into the
warehousing category and not the waste processing and transfer category as was originally
determined by the city. Under Ames Municipal Code section 29.201 (Construction and
Definitions) items 239 and 240 give definitions for Warehouse and Freight Handling and Waste
Processing and Transfer. The definitions given are a reference to table 29.501(4)-4.
2. The definition of commodity is something useful or valued according to Webster's online
dictionary. Cardboard, white office paper, newspaper, mixed paper,#1 plastic,#2 plastic,#3-7
plastic,aluminum and tin are all commodities. They have a market price and are bought and
sold. These products all have value and are all commodities. To say they are not is inaccurate.
3. 1 believe there is some confusion on what is a waste processing and transfer facility. A waste
transfer station is where large quantities of solid municipal waste are brought to be loaded onto
larger vehicles for transportation to a disposal facility. Sometimes recoverable materials are
mined from the solid municipal waste and sometimes they are not. According to the Iowa DNR
no permit is required for DRC because we are handling source separated materials and not solid
municipal waste. If DRC was to accept solid municipal waste and mine it for commodities then
DRC would most likely require a permit.
4. In the agenda it states: It does not appear that removal of certain item, such as plastics and
metals, can be removed from the waste stream under the current Chapter 10:Garbage and
Refuse as well as with the intergovernmental agreement that govern the operation of the
Resource Recovery Plant. I remove nothing from the waste stream. I take source separated
commodities that never enter the solid municipal waste stream. If I was mining the waste
stream for recoverable materials it would be a different discussion, however that is not the case.
Although at this time I am only dealing with cardboard I may in the future expand into other
areas and this is concerning to me.
5. According to the agenda, DRC will be required to store all cardboard inside. I have absolutely no
plans to store product outside at this time. However, unforeseen circumstances do arise and I
am wondering why this is included in the agenda. I see nothing in the code prohibiting me from
storing materials outside. Wal-mart, Target,Jax, Lowe's,Theisen's, K-mart, Hobby Lobby, Ames
Area Redemption and many more Ames businesses currently store baled cardboard outdoors.
6. According to the agenda, DRC will be required to provide a quarterly report on the amount of
cardboard removed from the waste stream. Do all businesses who bale cardboard in Ames have
to provide this report? I don't necessarily have an issue with providing the city this report. If
this information is helpful to the city in dealing with the EPA or other governmental entities I
would most likely be more than happy to provide it. My question is why is the city requiring this
from me and do they require it from everyone? If not why not?
7. When I talked with Planning and Zoning at the start of this, I was told you can only bale and
store these materials in an industrial zoned property. Due to the fact there is limited industrial
space in Ames I had to pay a higher lease rate then I could have obtained elsewhere. Why are
other companies allowed to store and bale cardboard, aluminum cans, plastic bags returned to
be recycled and other products in commercially zoned properties?
8. In the agenda it states the applicant was notified and has agreed to limit his request to
cardboard only at this time. That statement is not accurate. I stated that if the city is going to
approve me for cardboard only at this time then that is what they are going to do. I have in no
way changed my application. 1 am very concerned the City of Ames may see fit to deny me on
these other commodities without any apparent basis in law to do so.
The first person I talked to when I started this company up was John Pohlman at the Resource Recovery
Facility. I was talking to John about my company and was asked why are you wanting to do this,this
plant already is a recycling facility. I stated that I think it is great Ames has this tool at its disposal but it
is a waste disposal facility and is not a recycling facility. John didn't like to hear me say this and told me
to make sure I never paint the Resource Recovery Facility in a bad light or he would make it very difficult
for me to operate in the City of Ames.
The truth is I truly believe our Resource Recovery Facility is wonderful tool and is far superior to
landfilling. But it is important to make the distinction between reusing materials and destroying
materials. I am doing this because I believe we have an obligation to ourselves and all future
generations. We need to start doing things to conserve our natural resources today.
At this time I am requesting the City of Ames issue me a letter stating it considers me a warehouse
operation, as was originally determined by the city, and not a waste processing or transfer facility. Due
to the concerns expressed above, these matters have caused DRC financial stress. The Municipal Code
supports this classification as did the City of Ames when I started DRC.
If you are unable to provide me with this letter, in no way do I want to be dropped from the December
12, 2012 meeting. I feel strongly that a Special Use Permit is not required for DRC, but just want to
move forward with no further interruptions at this time.
I wish to thank the City Attorney's office for your past and future assistance.
Sincerely,
Tim C. Bouska
Managing Director
Denali Recycling Company
(515) 520-1569
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