04-13-77 Council Meeting Minutes

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REGULAR MEETING APRIL 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Brunner gave the Clerk's office a letter from Mr. Conrad Kellenberg, Professor of Law, at Notre Dame, to be entered into the record: April 8, 1977 The Common Council City of South Bend County -City Building South Bend, IN 46601 Attention: Mr. Thomas J. Brunner, Jr. Gentlemen: I write in support of the proposed ordinance to amend Chapter 11, generally known as the Housing and Maintenance Code. The proposal to incorporate the provisions of the Indiana Unsafe Building Law (Indiana Code 18- 5 -5.5 -1 to 20) makes eminent good sense to me. The range of remedies provided in the Indiana law is especially important. It makes possible a faster, cheaper and more appropriate response to problems than does the present ordinance (sections H -120.1 through H- 141.0). The basic concept of the proposed revision, then, is sound in my judgment. Mr. Brunner knowns far more than I about the technical and administrative aspects embodied in Sections III to VI of the proposed ordinance. Respectfully yours, /s/ Conrad Kellenberg Conrad Kellenberg Professor of Law CK:s BILL NO. 29 -77 Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 42 -77 Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Parent. The motion carried. BILL NO. 43 -77 Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 35 -77 A BILL AMENDING CHAPTER 14.5, ENTITLED "PROPERTY ", AUTHORIZING THE BOARD OF PUBLIC WORKS TO SELL PRO- PERTY VALUED AT LESS THAN FOUR THOUSAND DOLLARS ($4000) AT A PRIVATE SALE, AND PROVIDING FOR ONE APPRAISAL OF PROPERTIES TO BE SOLD. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. -Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this bill had been continued to give the Legal Department tim to decide if a City employee could appraise these properties. He said the Legal Department has found that this is allowable. He said that last year they spent $11,000 for appraisals. He said they were also asking the property valued at less than $4,000 be sold at a private sale, rather than $1,000. Mr. Thomas Brunner, City Attorney, indicated that the Personnel and Finance Com- mittee had asked for the following amendment, and the Administration was agreeable; amend Section I (b) after the first sentence to add a new sentence to read "Except in those cases where the Common Council authorizes the Board of Works to designate one licensed, non - independent appraiser; Council Member Adams made a motion to amend the bill, seconded by Council President Parent. The motion carried. Council Member Adams indicated that the Personnel and Finance Committee discusse the change in the amount and the Committee felt it should remain at $1,000. She made a motion to delete Section III in its entirety and have it remain as in the original ordinance, amend Section 4, part (3) to $1,000 seconded by Council Member Dombrowski. The motion carried. Counci Member Adams made a motion to amend the title of the bill to read $1,000, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Parent. The motion carried BILL NO. 39 -77 A BILL AMENDING CHAPTER 2, ARTICLE 16 AND ARTICLE 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF SEALED PROPOSALS FOR INSURANCE COVERAGE OF THE CITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Mary Christine Adams, made the presentatio for the bill. She said this bill was to correct an error in ordinance no. 5957 -76, which estab- lished a system whereby all City insurance would be sought by the Board of Public Works receiving sealed proposals from insurance companies. She said this ordinance corrects the clerical error and also substitutes "sealed proposal" or "proposal" throughout the ordinance instead of the words "bid or "bidder ". She made a motion to recommend this bill to the Council favorable, seconded by Council President Parent. The motion carried. BILL NO. 40 -77 A BILL AMENDING CHAPTER 2, ARTICLE 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS STANDING COMMITTEES OF THE COMMON COUNCIL; TITLE AND RESPONSIBILITIES, BY THE ADDITION OF THE UTILITIES COM- MITTEE.