07/05/88 Board of Public Works Minutes

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REGULAR MEETING JULY 5, 1988 cubic yards of dirt was removed for the ethanol plant construction and approximately 75,000 cubic yards of dirt was removed for the Marriott Hotel Project. He stated however, that the top soil is not amenable to farming. He further stated that the property is valued at $85.00 per acre but could not be sold at $25.00 per acre when offered for sale at that price. Mr. Knepp informed the Board that Mr. Berta acquired the property in 1986 at the time when this property was the subject of rezoning by Mr. Beutter and Mr. Gaines in order that Mr. T. Brooks Brademas could construct and operate an asphalt plant in the area. At that time, Mr. Berta purchased the property to stop the asphalt plant project and has attempted to develop it for residential use. However, at the present time, it is not economically feasible as there are no sewer or water lines in the area. Because the property is located in the City, Mr. Berta has been informed that the property cannot be developed until water and sewer lines are installed. As is, the property is not feasible to develop. Mr. Knepp further stated that two (2) other options available for use of the property are a junk yard business or trucking concerns. He reiterated that Mr. Berta bought the property to stop it from being used for that purpose. In conclusion, Mr. Knepp stated that the property must be disannexed so it can be developed. Mr. Grama K. Bhagavan, Valley Engineering Consultants, Inc., 52303 Emmons Road, Suite 8, South Bend, Indiana, addressed the Board and advised that the proposed property to be disannexed is approximately five thousand (5,000) feet from the existing sewer and water lines. He stated that in order to install sewer and water lines to the property, two (2) lift stations would be required and the total cost of the project would be one half million dollars. He stated that a charge of $40,000.00 per lot would have to be set to extend the water and sewer line to the property and there is no way the neighborhood could generate that amount per lot. Mr. Leszczynski inquired if a site plan was available. Mr. Bhagavan did not have such a plan but stated that the seventy-six (76) acres would be split up into five (5) to ten (10) acre lots for a total of approximately twelve (12) to thirteen (13) lots. Mr. Robert J. Berta, Petitioner, Linden Road, South Bend, Indiana, addressed the Board and stated that he is in real estate business. He submitted to the Board photographs of houses which he has built and developed in another area. He stated that he planned to sell lots of one hundred fifty (150) to two hundred (200) feet of frontage on Linden but because of the lack of sewer and water lines to the property, this will not be possible. He advised the Board that this property should be returned to Centre Township as a taxing unit. Mr. Berta stated that he could sell the property to an "E" Heavy industry but he made a promise to the residents of the area when he purchased this property that it would not be used for such purposes. Mr. Leszczynski inquired of Mr. Melvin Humphrey, Engineering Department, if this property is disannexed if the property to the north would still remain in the City. Mr. Humphrey responded that it would. Mr. Leszczynski further inquired of Mr. Humphrey if disannexed if the property to the west and the south would still be in the City to which Mr. Humphrey responded that it would. When asked if the property to the east would still be in the City, Mr. Humphrey responded that half of Gertrude Street (known as Linden Road in County) would remain part of the City. The Petitioner, stated that that was incorrect but it was reiterated that one-half of Gertrude Street would remain in the City limits. Mr. Leszczynski stated that the legal description contained in the Petition for Disannexation goes to the section line and therefore one-half (1/2) of the street would remain in the City.