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REGULAR MEETING <br />MARCH 26 1984 <br />Mr. Hill asked Mr. Dunfee if the legal description attached to the <br />Petition as Exhibit C is a description of'the entire outside <br />perimeter of the property. Mr. Dunfee indicated that it was the <br />entire parcel. <br />Mr. Hill stated that based on the Amended Petition, it appeared <br />the Board would have to require a modified legal description <br />reflecting the property covered by the license and that legal <br />description should incorporate the 500 foot limitation. <br />Mr. Vance indicated that Councilman Zakrewski was in attendance and <br />inquired if he had any questions he would like answered. Mr. <br />Zakrewski inquired as to where the residences were located and was <br />informed that they were located to the south across the railroad <br />tracks. <br />Mr. Vance asked if Metal Resources has had any contact with the <br />residentsofthe area. Mr. Dunfee stated that no contact has been <br />made currently but they will be contacted again in the future. <br />Mr. Hill stated there are two areas that were not included in the <br />original license but do not present a problem because of the <br />distance from the residential areas. <br />Mr. Hill made a motion that Metal Resources be instructed to amend <br />the previously issued license to include those areas originally <br />excluded from the license for Parcel I. Mr. Vance seconded the <br />motionand it carried. <br />South Bend Tribune Reporter James Wensits inquired how far the Metal <br />Resources operation was from the residential district. He was told <br />that they are approximately 750 feet from the south and 800 feet <br />on the north. <br />Mr. Hill indicated that the matter of Parcel II was of major concern <br />as it involves a substantial residential area. He stated that he <br />believes that certainly the Common Council should have the opportunity <br />to review this but that any license granted for that area should only <br />be granted for an area that would not bring the operation closer than <br />500 feet. He stated further that he believes that certainly this is <br />a technical requirement that the operation should not encroach into <br />that area. Mr. Hill made a motion that the license be amended to <br />include that portion of Parcel II not closer than 500 feet of the <br />residential area and that the approval or the amendment of the <br />license in the area be subject to the submission of a modified legal <br />description that would reflect this prohibition. Mr. Leszczynski <br />seconded the motion and it carried. <br />Mr. Hill asked Mr. Dunfee what documents he has submitted to the <br />Common Council. He stated that the Petition which the Board has <br />received was also submitted to the Common Council and that a <br />Resolution was given to Common Council Attorney Kathleen Cekanski- <br />Farrand for review and filing by her this week. Mr. Hill stated <br />that he would prefer that the resolution be prepared by the Clerk <br />of the Board of Public Works and that said resolution would <br />include the language he referred to previously. <br />Mr. Hill made a motion that the Clerk of the Board of Public Works <br />be instructed to prepare a resolution showing the amendment of the <br />license to include the three areas previously referred to and that <br />the resolution be forwarded to the Common Council for its considera- <br />tion. Mr. Vance seconded the motion and it carried. <br />Board Attorney Ms. Pfotenhauer stated that she would like to clarify <br />one point to Mr. Dunfee and stated that if Metal Resources wishes <br />to build a building that will encroach into the area below the 500 <br />feet, that they would again have to come before the Board and the <br />Common Council. Mr. Hill agreed that the only way Metal Resources <br />can conduct operations within the 500 feet, is by receiving a <br />separate waiver for a building that.houses the operations of the <br />1 <br />1 <br />