10-11-76 Council Meeting Minutes

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REGULAR MFFTING OCTOBER 11 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said sub - section 6 went too far and was too vague. He said in sub - section 7 there should be specific reasons for any denial or revocation. He said in Section 7 -114 there was wording that could cause problems. He said in paragraph 2, a to c, at the beginning it says "in addition the application should furnish the following" and then it says the massage establishment, he would have to bring in the building. He said in (b) a great deal of thought should be given to whether the chief of police is the ideal person regarding someone applying for a license. He indicated he thought this would require someone with more expertise. He asked the Council to work this over, amend it and come up with a good ordinance. Mrs. Jane Swan, 2022 Swygart, asked if there would be a continuation of the public hearing. Council Member Horvath indicated there would be. Council Member Dombrowski made a motion that this ordinance be set for the first meeting in November, seconded by Council Member Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 2, OF THE MUNICIPAL CODE OF THECITY OF SOUTH BEND, INDIANA PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF PROPOSALS FOR INSURANCE COVERAGE. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller made the pre- sentation for the ordinance. He indicated this public hearing was continued from last meeting. He said his office had recommended this amendment to the existing ordinance pertaining to the bidding of insurance. Council Member Adams said the committee on specifications had met and the majority was in favor of competitive bidding every three years. She made a motion to change Section 16 -2 -B, 1., to read "Effective immediately all contracts for insurance coverage shall be subject to competitive proposals every three years, "seconded by Council Member Taylor. Counc: President Parent indicated they had the same situation and since there was no change they should strike the entire thing. Council Member Adams indicated that the consultant in Chicago told her that they could not expect anyone to give a sealed bid. Council President Parent indicated that in fact the City will not be in a situation of accepting sealed bids so they were right back to where they were. He indicated he would not want to lead anyone to believe the City was in a com- petitive bid situation on insurance. He said he thought another ordinance should be written and this one struck from the record because it was a little misleading. Council Member Adams in- dicated she would like to withdraw her motion because Council President Parent had intimated the, were going back to the old politics, and she had sponsored the original ordinance. She asked Council Member Taylor to withdraw his second. Council Member Taylor indicated he thought they were getting a little additional accountability and he thought the motion and the amendment shout stay. Council President Parent indicated he was going to vote against the amendment since the Council was for competitive bidding and this wipes it out. Council Member Adams asked Kathy Cekanski, Council's attorney, if we would still be accepting competitive bidding by the way this is written. Ms. Cekanski indicated that the prupose behind the first ordinance was to bring it to the public. She said the proposal is to change this from a bid to a proposal and they would still be getting accountability. She said from a legal standpoint this would be a far better ordinance. Council Member Miller called for the question. Council President Parent indicated that the amendment reduced the control. He said the original ordinance indicated we accepted sealed bids, and he would like the public to know they were going away from that. Council Member Adams asked Kathy Cekanski for her opinion. Kathy Cekanski indicated this amendment would delet( the section which would bring the accountability to the Board of Public Works, therefore, they would be in the same situation they were prior to the original ordinance. Council Member Horvatl indicated that in the last negotiations the City saved approximately $100,000 by being able to negotiate. Council Member Adams indicated that the question before the Council was whether there was going to be proposals every three years or every year. Then leave Section D in its entirety and get rid of "sealed ". She said she would like to recommend this go back to the:Committee of Administration and Finance and if necessary redraft the entire ordinance. Council Member Miller indicated that he did not understand the problem since the Council has had two weeks to study this, and the Council representative indicated she talked with the insurance consultant and they indicated sealed bids were not acceptable. He said the question before the Council was not the Board of Works problem it only involves the three years. Council Member Adams indicated that so the public was not mislead, the Board of Public Works will still be purchasing the in- surance. She said she would like Councilman Taylor to withdraw his second and continue this for two weeks so everyone could do the proper homework. A roll call vote was taken on the amendment and it passed with a vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Horvath) and one nay (Council Member Parent). Council Member Adams made a motion to send this to the Committee of the Whole and continue the public hearing until the 25th of October, and that the Committee of the Whole report at the public meeting, secoi by Council Member Parent. A roll callvote was taken on the motion and it failed by a vote of three ayes (Council Members Adams, Dombrowski and Parent) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, and Horvath). Council Member Miller made a motion this ordinance go to Council favorably, as amended, seconded by Council Member Taylor. Council Member Adams made a motion to change paragraph 2 in the ordinance to amend paragraph d in the original ordinance by removing the word "sealed" and changing one hundred and twenty (120) days to thirty (3q) days, seconded by Council Member Taylor. Council President Parent indicated that this was an attempt to lead the public to believe that we are doing something that in fact we are not doing, so we should strike this in its entirety. A vote was taken on the amendment and it carried with Council President Parent opposing. A roll call vote was taken on the motion to send this ordinance to Council favorably, as amended. The motion carried by a vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor Kopczynski, Adams, Dombrowski, Horvath) and one nay (Council Member Parent). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. N