02/02/76 Board of Public Works Minutes

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1200 REGULAR MEETING FEBRUAP.Y 2, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, February 2,•1976 by President Rollin Farrand,- with Mr. Farrand, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Kathleen E. Cekanski was also present. MINUTES APPROVED Mr. Farrand advised the Board that he had reviewed the minutes of the previous meeting and he made a motion that the minutes be approved as submitted. The motion was seconded by Mr. Mullen and carried. PUBLIC HEAPING - ASSESSMENT POLL, ELWOOD AVENUE SIDEWALK AND CURB This was the date set for holding a hearing on the assessments against property for the Elwood Avenue Sidewalk and Curb construction, authorized under Improvement Resolution No.3404, 1974, adopted by the Board of Public Works on August 5, 1974. The Clergy: tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Farrand advised the Board that this was a standard Barrett Law project. A public hearing was held before the project was authorized and there were no remonstrators against the project. There were some property owners who wished to be left off the assessment roll and who agreed to do the work themselves. Mr. Farrand said that all property owners the assessment roll had received notice of this hearing and of the amount of their assessment. They were advised that they could be present to ask any questions of the Board. Pastor Martyn Ballestero,- of Christ Temple, was present and said when the project was proposed a councilman came to a meeting at the church and advised the pastor and the church members that this was a good project and that the City would pay one-half of the assessments. Mr. Ballestero said they now learned that they will have to pay the full assessment listed for them on the assessment roll. Mr. Farrand said no such information regarding the City paying half the assessment was given out by the Board of Public Works. Mr. Ballestero said their attorney has investigated the matter and they are aware they must pay the full assessment. However, he said if he had realized that the City was not going to pay half, he would have asked members of his congregation who are contractors to do the work. Mr. Ballestero then said that since the sidewalk and curb construction they have water standing in their parking area. Patrick McMahon, Manager of the Bureau of Public Construction, advised the Board that this parking lat is low and there are no drainage outlets. He said the curb and sidewalk could not be built any lower. Mr. Farrand asked Mr. Ballestero how the lot drained before the construction and Mr. Ballestero said the water ran off into the street. Mr. Farrand then advised Mr. Ballestero that the church now has two options in regard to payment of the assessment. Notice will be sent from the Treasurer's Office of the total amount due. The total assessment can be paid'within a period of thirty days or a waiver can be signed requesting that the assessment be divided into five equal payments, at six per cent interest, and the billing will be received with the tam bill once each year. Mr. Farrand then advised the Board that the assessment roll as filed should be amended because the assessment for Lots 1 and 2 in Huey Heights was combined and the Treasurer's Office needs a separate assessment for each lot. Mr. Farrand then made a motion that the assessment roll be amended to reflect that the Assessment for Lot 1, Huey Heights be shown at 42.9 feet, Total Assessment $508.36 and the Assessment for Lot 2, Huey Heights be shown at 55.0 feet, Total Assessment $521.40. This does not change the assessment amount. The motion was seconded and carried. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Bord adopted a resolution confirming the Assessment Roll adopted by the Board on December 29, 197-6 for the improvement - of the Elwood Avenue sidewalks and curb. 10341 have 1