08-13-73 Council Meeting Minutes

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REGULAR MEETING AUGUST 13 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) to cooperate with the city in order to develop the area and make the necessary plans for the storm drainage. Based upon that, a conditional approval was given to go ahead with the plans. Mr. Well explained that the site is on Edison Avenue and is designated as Lagoon E.. He explained that the basin would take care of the area which was approximately 93 acres. He further indicated that a contract had been entered into for the purchase of the land for the apartment complex and.construc tion of the lagoon. Mr. Wells indicated that now construction had been completed and payment was requested. He also indicated that the figure should be amended to read $32,438.00. He stated tha the publication requirements had been met using the $32,438.00 figure. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the contrac had been entered into without approval of the appropriation, and Mr. Wells indicated that that appeared to be the case. City Attorney Roemer indicated that a contract could have been entered into subject to Council approval. Council President Nemeth indicated that Water Works contracts are handled in that fashion. Mr. Wells indicated that, should the Council not approve the appro- priation, the developer could take the city to court. He indicated that the city was faced with a similar situation under the Barrett Law in the Kensington Farms area. Mr. Roemer indicated that, in the future, a clause should be inserted into the contracts that would read "subject to Council approval ". He indicated that he would try to make sure this was done. Miss Guthrie asked if the work was already done, and Mr. Wells indicated that it was. He presented photographs to the Council. Councilman Miller suggested that perhaps the contracts could be ratified by the Council without an exact figure as that amount would not be known. Councilman Horvath indicated that the work had already been done under the last administration even though the city was now being reques to pay its share of the construction. He felt there should have been some kind of agreement betwe the city and the developer regarding the construction. Mr. Wells indicated that the agreement was signed by Charles Sweeney and Freda Noble for an estimate of about $82,000. He pointed out that t city had done what it desired and the figure only amounted to $32,438. He also stated that the negotiations had been carried on for quite a while. Councilman Taylor asked when the contract had been entered into, and Mr. Wells indicated that he could find no date on the agreement. Councilma Kopczynski could not understand why some people have so much confidence in the Council approving such an appropriation before the approval is given. Chairman Newburn indicated that, regardless, the amount for the construction must be paid. (Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council President Nei made a motion to rise and report to the Council and take a short recess, - seconded by Councilman Kopczynski. The motion carried, and the Council recessed at 8:32 p.m. ATTEST: ATTES CITY CLERK C IRMAN IIREGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,) reconvened in the Council Chambers at 9:50 p.m., Council President Peter J. Nemeth presiding and nine members present. 11REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the July 23, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth I Councilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. 11REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Horvath made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote.of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 11REPORT FROM AREA PLAN COMMISSION (4134 LINCOLNWAY WEST) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana July 24, 1973 In Re: Proposed ordinance and site development plan of Eugene McGarvey, Jr. to zone from "B" Residential to "C" Commercial, property located at 4134 L.W.W., City of South Bend Gentlemen: The proposed ordinance and site development plan of Eugene McGarvey, Jr. to zone from "B" Residential to "C" Commercial, property located at 4134 L.W.W., City of South Bend, was advertised June 9, 1973, and June 16, 1973, for public hearing by the Area Plan Commission on June 19, 1973, as witnessed by the enclosed and attached copy of "proof of publication ". Please note the underlined area in red shows that the back 175 feet was exempted..