03/07/83 Board of Public Works Minutes

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3 REGULAR MEETING MARCH 7. 1983 Mr. Wayne E. Werts, 1889 Riverside Drive presented the Board with a remonstrance against the sewer system for Riverside Drive and.Riverside Place which he stated was signed by nine (9) of eleven (11) residents in the area. He also presented to the Board a "position statement" which he prepared and which includes alternative techniques and methods for correct- ing the health problem which is said to exist in the Riverside area. He stated that the City has several options to it and he himself has a lengthly list of alternatives to the installa- tion of a sewer system. He additionally stated that the homes in the affected area are widespread and that there are no homes located on the other side of the street because of the river, making the installation of a sewer system in the area a costly project. He advised the Board that he had a con- versation with Mrs. Gertrude Marti, 1869 Riverside Drive, and she indicated that she does not want a City sewer. Mr. Don G. Blackmond, 126 South Scott Street, attorney for Mr. and Mrs. Wayne Werts, 1889 Riverside Drive, stated that the sanitary sewer project was predicated by an Order from the St. Joseph County Health Department, and that the residents of the affected area have not been ordered to correct the problem, but that the City has so been Ordered. He advised the Board that a lawsuit was being filed in St. Joseph Circuit Court by attorneys for Mr. and Mrs. Wayne E. Werts, 1889 Riverside Drive, Mr. and Mrs. Joseph S. Klebosits, 1905 Riverside Drive and Mr. and Mrs. David J. Canfield, 1891 Riverside Drive challenging Dr. Bowes' Order. He requested that the Board defer further action on this matter until Dr. Bowes' Order has been "tested" in court. The outcome of the litigation will then determine the basis on which the property owners will proceed on this matter. He reminded the Board that they have before them two (2) remonstrances, one presented by Mr. Werts' on behalf of nine (9) of eleven (11) property owners and one filed with the Board by Mr. and Mrs. Werts, Mr. and Mrs. Klebosits and Mr. and Mrs. David Canfield. He stated that if the Board decides to proceed with the project, then the assessment issue would be challenged at that time. Mr. Arthur J. Perry, 112 Lafayette Building, attorney for Mr. and Mrs. Joseph S. Klebosits, 1905 Riverside Drive advised the Board that he had some further comments on the matter and stated that the whole sanitary sewer project has been initiated because of one (1) property owner in the area having a problem. He additionally stated that that problem has been cleared up with the assistance of neighbors and indicated that it was just a maintenance problem. He noted that according to the state statute governing the computation of assessments, assessments are made on individual lots but that several property owners in the affected area have sub- divided their lots. He sited as an example Lot No. 285. That lot is now the site of two houses with two different homeowners. Additionally, the Klebosits' are being assessed for two (2) lots but have only one (1) house on that property. He indicated that there are other instances in assessments being computed incorrectly based on the location of the lots. He also presented to the Board a statistical sheet which he prepared indicating the percentage of assessments made to individual property owners on Riverside Drive. He indicated that there are twenty-four (24) homesites in the proposed area and computed on that basis, the assessment per lot should have been approximately $1,400.00 to $1,500.00 per lot and not the City computed figure of $1,745.00. He also stated that two (2) lots not listed on the assessment roll but located in the area are owned by the Park Department. Mr. Perry was advised that details on the computation of assessments would be dis- cussed at a public hearing of the Board at a future date. Mr.