12/02/74 Board of Public Works Minutes

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i REGULAR MEETING DECEMBEP 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 2, 1974 with Mr. Farrand and Mr. Seitz present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved._ PORTAGE GARDENS SEWER ASSESSMENT ROLL APPROVED The following report was received from David A. Wells, Manager, Bureau of Design and Construction, in regard to the remonstrance of the First Community Development Corporation against their sewer assessment for the Portage Gardens Sewer assessment: "In evaluating the original project of installing sewers in Portage Gardens, two things became apparent: 1. A trunk sewer down Linden Avenue was required to do the job properly, and 2. As much property as possible had to be assessed in order to get this project underway. As a result, the trunk sewer and the local sewers were lumped into one project for assessment purposes but with the further understanding that the City would pay all the costs of the trunk sewer and half of the local sewer costs. The remainder of the local sewer costs were distributed among the total assessable area. The total area included not only the areas served by the local sewers but also those areas abutting the trunk sewer and which, in addition, did not now have sewer service: This resulted in assessments for the focal residents about as low as we could possibly make them. This further resulted in areas being assessed which may or may not ever use the new sewer. As Mr. Brademas pointed out at the Board meeting, he currently has plans to develop in the future an area which is assessed and also wauld probably be sewered in some other manner. His situation is not unique. Colpaert Realty is in a very similar situation. The State of Indiana has an area which may never be developed. North American Van Lines and Mohawk Flush Doors have sewer service to their buildings but were assessed on the basis that underdeveloped areas of their properties had a substantial benefit from the new sewer. What all of these firms have in common is that whatever rationale might be developed to lower the assessment for First Community and Mr. Baademas will also be applicable to all of the others which are mentioned above. In addition, the reduction can only be absorbed by further City participation which is already a major part of the total cost of the project. It is our opinion that all the assessments meet all the statutory requirements and are reasonable. Further, the Barrett Law procedure was followed in a legal manner and all proper notices were made. It should be noted that even though the Assessment Roll is effectively closed, recourse in court is still available to any person who believes he has been subjected to arbitrary, capricious or discriminatory treatment. Based on the above, it is our recommendation that the Portage Gardens assessment roll be approved as submitted. s/ David A. Wells, P. E.