12/18/1978 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 18, 1978 3 3`) properly licensed and operating in compliance with the ordinances, there is no reason why an owner cannot have several locations. Mr. Liebowitz pointed out that Mr. Mickelson has been operating on Calvert Street for a number of years and has been complying with the City ordinances. The stand of the neighborhood association is unwelcome. He said there has been much adverse publicity in the South Bend Tribune regarding the Calvert Street business and filed with the Board a statement from Mark Argosh for the Rum Village Neighborhood Association, disclaiming any responsibility or prior knowledge of the recent newspaper articles. Mr. Liebowitz pointed out there are a number of businesses in the area which generate traffic on Calvert Street. This is a heavily traveled area and the traffic is not all coming to 307 W. Calvert. He said he did not like to.see the neighborhood association embark on a program of trying to put someone out of business, He noted that Mr. Mickelson has been. operating his business in accordance with ordinances and regulations and has paid taxes. Mr. Mickelson met with the neighborhood association in an attempt to work out the:problems. The operation has passed the Fire Department inspection and will cooperate with the Environmental Protection Office to allow inspectors needed to secure his license and will correct any violations which may exist. Councilman Mary Chris Adams suggested that licenses for scrap yards be issued on a month to month basis so that if violations occurred and were not corrected, the license would not be renewed. Mr. Brunner said the City would vigorously pursue the proper inspections to see that violations are corrected by making inspections prior to the issuance of any licenses. He noted that the City dealt with Mr. Mickelson.on a property on Phillipa Street and the matter was.in court for two years before it was partially resolved through a consent agreement signed by the City and Mr. Mickelson. He said he would hope it would not require another two -year period to get compliance on the property on Calvert Street. He said there.is a voluminous file on the Mickelson properties. The City recognizes that the Rum Village Association does face problems and is attempting to work to preserve their residential neighborhood. The City is committed to cooperate with them in this effort. Licensing requirements will be enforced fairly and impartially on all such operations. Mr. Brunner then asked Mr. Liebowitz if there was a possibility that Mr. Mickelson would be moving his operation from Calvert Street to Prairie Avenue. Mr. Liebowitz said Mr. Mickelson would be working to alleviate any problems on Calvert Street and there is a possibility that the operation might be moved but he is not in a position to give any timetable. Mr. Mickelson said it. would not be moved within a year. Mr. Liebowitz said Mr. Mickelson would work with the City inspectors and would comply with ordinances.governing licensing but felt other operations should be dealt with in the same manner. He said he felt the City was being used by the Neighborhood Association to harrass Mr. Mickelson. Mr. Brunner said the intent of the City is to enforce the ordinances against all businesses fairly and impartially. He said the pictures submitted by Mr. Liebowitz of alleged violations in other locations would be referred to the Environmental Protection Office for immediate inspections for.violations and appropriate action would be taken if warranted. George Diviak, Vice President of the Association, said he had driven past Mr. Mickelson's site on Prairie Avenue and the Bush location on Washington Street and had observed that.junk cars and other material were being moved from Washington Street to Prairie Avenue. He said '.the Association was curious to know whether Mr. Mickelson had an arrangement with Mr. Bush to move.this material and whether Mr. Mickelson was trying to surround the Rum Village area with junk yards. Mr..Liebowitz responded that they were not trying to surround the Rum Village neighborhood and said Mr. Mickelson had agreed to cooperate with all City agencies in any inspections required for issuance of his license.