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REGULAR MEETING OCTOBER 11, 1982
<br />WHEREAS, in accordance with Ordinance No. 6998 -81 regulating the licensing of
<br />scrap yards in the City of South Bend, inspections were conducted by the Neighborhood
<br />Code Enforcement Office and the Fire Prevention Bureau of the property located at
<br />1819 South Main Street, which property is in the process of being purchased by Herman
<br />T. Williams, d /b /a/ South Main Auto Parts; and
<br />WHEREAS, the above property has been operated as a scrap yard under a license
<br />issued on February 5, 1982, to South Bend Auto Parts, which ceases to exist, and
<br />continued operation of a scrap yard facility at this location is intended by Mr.
<br />Williams and, in fact, purchase of the property by Mr. Williams is contingent upon
<br />issuance of the appropriate license to him; and
<br />WHEREAS, no code violations on said property existed at the time of the inspection
<br />by the Neighborhood Code Enforcement Office on May 6, 1982 (a copy of said inspection
<br />report is attached hereto); however, a recommendation was made by the Fire Prevention
<br />Bureau on May 13, 1982 (a copy of which is attached hereto) that all hand fire extinguishe
<br />be checked and recharged if necessary since it appeared that some extinguishers had
<br />been used; and
<br />WHEREAS, since the purchase of the property by Mr. Williams is contingent upon
<br />issuance of an appropriate license, and since Mr. Williams does not as yet have
<br />access to the property in question, the Board of Public Works, at its meeting held
<br />on May 24, 1982, approved the issuance of a scrap dealer's license to South Main
<br />Auto Parts, subject to approval by the Common Council and compliance with the following
<br />requirements:
<br />1. Any recommendations and regulations regarding fire prevention
<br />and safety measures as indicated by the Fire Prevention
<br />Bureau; and
<br />2. Establishment of a 15 -foot buffer strip between the property
<br />lines and fencing which abuts public right -of -way, and any
<br />other changes necessary in fencing as a result of said
<br />buffer strip, which is a requirement for all new businesses
<br />or existing businesses which expand after July 1, 1980, as
<br />stipulated in Ordinance No. 6998 -81. Exhibit B, which is
<br />the proposed site plan, attached hereto and included herein,
<br />depicts the buffer strip to be established at said location.
<br />If weather prohibits the completion of the said buffer
<br />strip planting, this calendar year, a performance bond in
<br />an amount not less than $3,000 shall be filed with the
<br />Board of Public Works.
<br />3. Compliance with the operation and maintenance rules and
<br />regulations set forth in Municipal Code Section 4 -51L.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA, AS FOLLOWS:
<br />SECTION I. That the issuance of a scrap dealer's license for Herman T. Williams,
<br />d /b /a South Main Auto Parts, 1819 South Main Street, for the remainder of the 1982
<br />calendar year is hereby approved subject to compliance with the above requirements.
<br />Said license shall be issued ONLY after full compliance of all aforesaid require-
<br />ments is met, and verified by inspection by the Fire Department Fire Prevention
<br />Bureau and Department of Code Enforcement.
<br />SECTION II. That this Resolution shall be in full force and effect from and
<br />after its adoption by the Common Council and approval by the Mayor.
<br />/s/ Lewis A. McGann
<br />Member of the Common Council
<br />A public hearing was held on the resolution at this time. Council Member Beck made
<br />a motion to accept the substitute resolution on file with the City Clerk, seconded
<br />by Council Member Zielinski. The motion carried. Jim Cook, real estate broker,
<br />indicated Mr. Williams plans to operate a new and used auto parts facility. He
<br />indicated that the survey of the property shows a total area in excess of an acre.
<br />He indicated the fence will be moved back to create a 15' buffer, and the sidewalk
<br />will be repaired and the area seeded. He asked that the license be issued upon
<br />erection of the fence. Ray Larson, Chairman of Wells Electronics; Gene Muia, of
<br />Muia Construction Company; and Jim Gross, president of Computer Associates; businesses
<br />in the immediate vicinity of this scrap yard, spoke against the granting of this
<br />license, due to the way it was previously operated. They indicated this property
<br />was an eyesore. Mr. Cook indicated this previous business was a scrap yard, and Mr.
<br />Williams plans to deal in late model salvage and new parts. Council Member Zielinski
<br />made a motion to amend this resolution under the last Whereas, by adding a paragraph
<br />3, "Compliance with the operation and maintenance rules and regulations set forth in
<br />Municipal Code Section 4 -51L.; and in Section 1., after requirement is met, add "and
<br />verified by inspection by the Fire Department Prevention Bureau and Department of
<br />Code Enforcement." Kathleen Cekanski, Council Attorney, indicated the resolution
<br />should be further amended, in the fourth Whereas, to change the wording is now being
<br />operated, to has been operated, and after South Bend Auto Parts, add "which ceases
<br />to exist "; in paragraph 2, add "Exhibit B, which is the proposed site plan, attached
<br />hereto and included herein, depicts and buffer strip to be established at said location.
<br />If weather prohibits the completion of said buffer strip planting, this calendar
<br />year, a performance bond in an amount not less than $3,000 shall be filed with the
<br />Board of Public Works.
<br />Council Member Taylor made a motion to accept these amendments, seconded by Council
<br />Member Zielinski. Council Member Taylor made a motion to adopt this resolution, as
<br />amended, seconded by Council Member Zielinski. The motion carried on a roll call
<br />vote of nine ayes.
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