06/27/77 Board of Public Works Minutes

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REGULAR MEETING JUNE 27. 1977 present and read a statement indicating that they hope to have an amicable relationship with auto dealers in South Bend. They pointed out that their efforts were to create interest in used vehicles and to bring people with vehicles to sell in contact with buyers. It was indicated that they feel the Indiana statute applies to retail dealers, not private individuals. The interpretation that it applies to private individuals could prohibit anyone from selling their vehicle on Sunday. Mr. John Magrames was present and said it was the independent dealers' opinion that Sunday Auto Mart, by representing those who are trying to sell automobiles, was acting as a dealer. They are making a profit out of selling cars. He said the independent dealers have not had an opportunity to contact their attorney but will seek legal advice and try to get an injunction. He asked about the liability risk. Mr. Hedman noted that Sunday Auto Mart has provided a Certificate of Insurance in the amount of $1,OOO,OOO combined single limit, with the City of South Bend named as an additional insured on the certificate. Mr. Brunner asked about the success of last Sunday's operation. Mr. Woodruff said approximately five hundred people came to the garage and there were thirty-one spaces rented to individuals wishing to sell their vehicles. All arrangements for a sale are made by the individuals concerned. No other service is offered by Sunday Auto Mart, with the exception of Notary Public services, on which they realize no profit. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was ordered filed. REPORT FROM AREA PLAN COMMISSION - MEMORIAL HOSPITAL PETITION The Board received a report from the Area Plan Commission indicating that a public hearing was held on the petition of Memorial Hospital to vacate four alleys, for the expansion of their parking facilities. The Plan Commission recommended the petition favorably to the Board, with the suggestion that property be dedicated to allow for a turning radius on the east side of the remaining north -south alley. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was filed and the petition was referred to the Department of Engineering for preparation of the Vacation Resolution. REPORT ON PETITION OF SCHAFER GEAR WORKS TO VACATE ALLEYS The Area Plan Commission reported to the Board that they had held a public hearing on the petition of the Schafer Gear Works to vacate three alleys. The petition was amended at the Area Plan Commission hearing to delete the north -south alley from Tutt Street to the lot line of Lot 8 of Wadham's Addition. The Area Plan Commission recommended the petition, as amended, favorably to the Board subject to the providing of an access gate for Fire Department ingress. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was filed and the petition, as amended, referred to the Division of Engineering for preparation of the Vacation Resolution. CONDITIONAL CONTRACT WITH JOSEPH WETZEL ASSOCIATES APPROVED PHASE I -DISCOVERY HALL MUSEUM Deputy City Attorney Terry A. Crone prepared a conditional contract with Joseph Wetzel Associates for work on Phase I of the Design of Discovery Hall Museum in an amount not to exceed $5,0.00 until final approval of the funding. Mr. Mullen noted that the appropriation ordinance is scheduled for public hearing before the Common Council tonight for revenue sharing funds, but approval from the State Board of Accounts is still required. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was approved.