11/18/74 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 18, 1974 Upon motion made, seconded and carried,, the Board accepted the bid of the Cohagen Equipment Company for a 10,000 underground gasoline, tank, plus installation, for a total bid price of $9,072.00. Upon motion made, seconded and carried, the Board accepted the bid of William M. Wilsons Sons, Inc, for two Gasboy-Keytrol Pumps and two automatic nozzles at a total bid price of $7554.60. PUBLIC HEARING- ASSESSMENT ROLL, MEADOWVIEW SEWERS This being the date set, public hearing was held on the Assessment Roll for the Meadowview Sewer Project, authorized under Improvement Resolution No. 3382, 1973. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. Mr. Farrand explained that the purpose of this hearing was to give any property owner a change to be heard regarding the amounts assessed against property on the assessment roll. There was no one present to be heard. Upon motion made, seconded and carried, the Assessment Roll was approved. PUBLIC HEARING - ASSESSMENT ROLL, PORTAGE GARDENS SEWERS This being the date set, public hearing was held on the Assessment Roll for the -Portage Gardens Sewer project authorized under Improvement Resolution No. 3392, 1974. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. Dewey Emerick was present and asked the Board how the assessment would have to be paid. Mr: Farrand explained that the Barrett Law Clerk would notify the property owners of the assessment. They would then have 30 days to pay the full amount in cash or could elect to pay the assessment in five installments, one each year, at 6% interest, billed with their tax bills. Mr. Chester Los asked the Board if the assessment he received was for two lots. The roll was checked and Mr. Los was advised this assessment was for two lots. Mr. George Rigley, 5311 Olds Avenue, asked the Board how the assessment was determined. David Wells, Manager of the Bureau of Design and Administration, informed Mr. Rigley that the assessment was figured on square footage, not front footage. Mr. Rigley asked that his assessment be checked against a neigbor's because the neighbor owns seven lots but was assessed lower than Mr. Rigley. The roll was checked and it was learned that Mr. Rigley owns more square footage. Mr. T. Brooks Brademas was present representing the First Community Development Corporation. Mr. Brademas said they wished to remon- strate against the sewer assessment against their property. Mr. Brademas said the Corporation, working in conjunction with the City Engineer and the Area Plan Commission filed a plat which was approved for the development of their property in this area. The approved plat included construction of sewers. Mr. Brademas said that no property of the Corporation will front on Linden Avenue or will benefit in any way from this sewer assessment. Mr. Brademas said he could not understand why this assessment would be made when they have been working with the City and the City required them to develop a sewer system, which they did. Mr. Wells said this same problem has occurred with other property owners. He said the Colpaert Realty Corporation faces the same situation. Mr. Wells said, in his opinion, the Board has followed legal procedures and acted respon- sibly in this matter. He said the Board might want to refer the matter to the City Attorney for his review. Mr. Brademas said if a property owner has had a plat approved and can show the City that the approved plat will not benefit at all from the sewer project, it does not seem logical that an assessment should be made against that property. Mr. Wells then suggested that Mr. Brademas contact his Attorney and the Barret Law Attorney for the City. Mr. Brademas said they have always tried to cooperate with the City. They have submitted their plats for approval, they have dedicated land to the City, have paid their taxes and have acted in a responsible fashion. He said in view of this cooperation he did not think the Board should suggest that he consult an attorney. He said they would want to take a second look at any future dealings with the City. Mr. Wells asked Mr. Brademas if a preliminary plat could be changed. Mr. Brademas said no, but there might be some modification of the approved plat. Mr. Farrand then moved that the Board approve the 1 1 Ll