11/03/87 Board of Public Works Minutes

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ol REGULAR MEETING NOVEMBER 3, 1987 get in and out of the yard. As numerous cars and buses utilize the street, this jockeying around creates a problem. She informed those present that she conducted an eighteen (18) minute survey in front of the scrap yard operation and noted that forty-four (44) vehicles travelled west on Calvert and forty-three (43) travelled east during this short time. Mrs. Zemlyak further stated that the tow trucks go over the public sidewalk and portions of it are covered with dirt. She inquired of the requirement that the operator provide off-street parking and further stated that her research reveals that the owner of the property is Shafer Gear Works. She further questioned the operation owners' right to occupy the premises, the use of the trailer on the premises, the keeping of a record of all transactions in a bound book open for inspection, the fact that the business has no address indicated, has no mail box and the fact that the fence is not of uniform color or material. She stated that this operation is a huge problem in the neighborhood and asked that the Board recommend denial of the license application. Mrs. DeClercq stated that she understands the position of the neighborhood association but indicated that the City must deal with the application based on the municipal code not based on whether the association would like the business to be there. She reiterated that the City has a Letter of Commitment and inspections of the premises have been conducted with the ordinance in mind. She also advised that Mr. Smith has the required four (4) off-street parking spaces on his premises which are clearly marked. In response to Mrs. Zemlyak's concerns about the width of the street and the amount of traffic, Mr. Leszczynski advised that he sees no problem with the width of the street and the scrap yard's use of the street and to his knowledge there have been no reports, complaints or accidents as a result of this operation utilizing the street in question. Mrs. DeClercq further advised that mail is delivered to the operation at 307 West Calvert and that Mr. Smith will be asked to post a sign indicating where his records are available for inspection. Board Attorney Thomas Bodnar advised that the Board's recommenda- tion today is a preliminary step in the process which is to provide a recommendation to the Common Council regarding the license application submitted by South Bend Auto Parts. Mr. Leszczynski advised that the Board merely obtains technical evidence and if the operation meets those requirements, the Board must recommend favorably. The Health Department does not enter into this process. Ms. Christine Szalay, 1822 South Taylor Street, South Bend, Indiana, advised the Board that she has observed a rat on the scrap yard premises and is concerned about health problems at that location. Mrs. DeClercq stated that health problems are not the jurisdiction of the Board but she will advise the County Health Officer of this concern. Mrs. DeClercq also informed those present that the City cannot deny this applicant the opportunity to conduct the operation if he is in compliance which he is attempting to be at this time. Mrs. Zemlyak stated that in light of the fact that this business has been operating since February of this year, it is doubtful whether the Letter of Commitment will be honored. Mr. Leszczynski stated that the City has been working with the applicant and great strides have been made in bringing the operation into compliance with ordinance requirements. 1 1