06/27/77 Board of Public Works Minutes

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REGULAR MEETING JUNE 27, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, June 27, 1977 by President Patrick McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETINGS APPROVED Mr. McMahon reported that he had reviewed the minutes of the June 20 meeting of the Board and he made a motion that the minutes be approved as submitted. Mr -Mullen seconded the motion and it carried. Mr.. McMahon noted that the Board held a special meeting on June 21, 1977 to act on requests for a Sidewalk Sale, Street Services and a Fireworks. Stand and these, minutes have also been reviewed. He made a motion that the minutes of the special meeting be approved. Mr. Mullen seconded the motion and it carried. MASSAGE ESTABLISHMENT LICENSE APPROVED CONDITIONALLY This was the date set for holding a public hearing on an application to operate a massage establishment at 914 N. Olive. James�McCay submitted a properly executed application to operate the establishment at Dave's Gym. The Building Department and the Police Department reviewed the application, in accordance with the ordinance and recommended approval. The Fire Department made an inspection of the building and recommended the ina.tallat on of illuminated exit lights at front and rear exit doors, more fire extinguishers and removal of a pop maczine from an exit door at the west exit. The reports were filed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved, subject to compliance with the requirements of the Fire Inspection Bureau. Mr. McCay's application for a license as a Massage Technician was referred to the City Controller for processing. PUBLIC HEARING ON ASSESSMENT ROLL -VACATION RESOLUTION NO. 3441 This being the date set hearing was held on the Assessment Roll for Vacation Resolution No. 3441 for the vacation of the east -west alley between South Street and Bronson Street from the east right- of-way line of Michigan Street east to the west right-of-way line of the north -south alley; also fr..om the east right-of-way line of the north -south alley east to the west right-of-way line of St. Joseph Street. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. No remonstrators appeared and no written remon- strances were filed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Roll showing $0.00 net damages and $0.00 net benefits was approved and said resolution is in all things ratified and confirmed and said proceedings closed. LETTER FROM MICHIANA INDEPENDENT AUTOMOBILE DEALERS FILED The Board received a letter from the Michiana Independent Automobile Dealers Association, signed by John Magrames, President, express- ing their concern about the leasing of the Colfax Parking Garage by Sunday Auto Mart. The Association noted that it is their opinion that the law in the State of Indiana prohibits the sale of a motor vehicle on Sunday. They q_ues tioned itfie matter of liability from accident or injury -the fact that an individual might become involved in expensive repairs, reinspection.costs or small claims court action if an individual attempted to back out of a deal. The Association requested that the Board rescind their action permitting use of the parking garage for this activity. Mr. McMahon noted that the Legal Department had reviewed the contract with Sunday Auto Tart. Deputy City Attorney Terry Crone reported that Indiana state law prohibits a dealer from selling autos on Sunday. Sunday Auto Mart does not meet the statutory definition of a dealer and would not be in violation of the statute. Mr. Hedman and Mr. Woodruff of Sunday Auto Mart were