VANDERBURGH COUNTY

DRAINAGE BOARD

AUGUST 23, 2005

The Vanderburgh County Drainage Board met in session this 23^rd day of August, 2005 at 4:40 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Call to order the August 23^rd meeting of the Drainage Board.

President Musgrave: We have the minutes of the previous meeting.

Commissioner Crouch: Move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We now have drainage plans, and we start with Heritage Park, Phase II, the alternate final plan. Mr. Jeffers?

Bill Jeffers: Good evening, Drainage Board members. Bill Jeffers, Vanderburgh County Surveyor. I’ve laid on your desks the plan for Heritage Park, Phase II. I call this an alternate final plan, because it provides details of the detention basis that will require less earth moving and allow more usable building area within the lots adjacent to the basin. The developer desires this, and the recommendation is to approve the plan to provide this alternate should the developer wish to use it rather than the one you approved at an earlier date. Either plan will work. This plan may be, since it’s been official and gives more building space on the valuable commercial land at the corner of Lynch Road and North Green River here, you can see it on your screen. The condition is that the soils engineer who designed the basin embankments must certify that all methods and dimensions of placing the fill material to ensure stability, and he will perform inspections and compaction tests in accordance with the plan. That is a part of the plan and that is the recommendation to approve.

President Musgrave: Is there anyone here to speak to this, Heritage Park, Phase II? Sir, would you please come forward and state your name and address for the record.

Dave True: Dave True with Landmark Design, 5250 Vogel.

President Musgrave: Did you say Dave True?

Dave True: True.

President Musgrave: Okay, thank you.

Dave True: Just if there were any questions on the plan, that I would be glad to address them.

President Musgrave: Commissioners, are there any questions? I here no questions. Is there a motion?

Commissioner Nix: Move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, sir.

President Musgrave: We now move to Evana Automation, expansion–

Bill Jeffers: Dave, you may wish to stay up here. Dave True also represents Landmark Design and Engineering who submitted this plan on behalf of Evana Automation, 5825 Old Boonville Highway. It’s between Green River Road and Burkhardt. It’s an expansion of an existing fabrication facility. It’s a final plan. The recommendation is for approval of this final drainage plan to allow building permits to go forward for an expansion that was announced in the newspaper over the weekend.

President Musgrave: Is there anyone here to speak to this expansion?

Dave True: Dave True with Landmark Design again. Just if there were any questions on the plan.

President Musgrave: Commissioners? I see no questions. Is there a motion?

Commissioner Crouch: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: We now move to Wynnfield Sub, section two, plan for drainage easement.

Bill Jeffers: Okay, I placed that plan and narrative on your desk. It applies to Wynnfiled, section one also. It’s right on the boundary. Section one shows the streets and lots that have been recorded. Section two is still a vacant field to the west, to your left there, labeled Wynnfield, section two. It’s right on the boundary, what we’re talking about is right on the boundary between those two subdivisions along the west side of section one. The plan provides for piping a previously open ditch through an area that’s now occupied by a sanitary sewer pumping station that happens to block the ditch. The pipe will carry the storm water out into a Kansas Road side ditch through a pipe, rather than through the blocked ditch. The design engineers are here in the audience, Mr. Lee McClellan, if you have any questions. The County Surveyor recommends approval of this plan.

President Musgrave: Questions? I see none. Is there a motion?

Commissioner Crouch: Move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to Metro Center indoor soccer complex, the modified final plan.

Bill Jeffers: The plan is for Metro Center, section nine. I think it’s called, is that lot six now that has been recorded? It’s this, it’s that lot right there that had been a parcel when the soccer complex was built. The detention basin is in this area. It discharges to Stofleth Ditch right there. Basically, what’s happened is it’s a recreation facility that’s used by youth. If they go from a wet basin to a dry basin they will have more usable grass space during dry season when the soccer youth can go outside and kick the ball around in the dry detention basin, because it’s only about three or four feet deep, and it dries out just like a field. It could also be used for sand volleyball court and that type of thing. So, the plan as represented here tonight by Matt Wallace and also by Lee McClellan from Morley and Associates, if you have any other questions. The recommendation from the County Surveyor is for approval of this modified final plan.

Commissioner Nix: I’ve got one question.

Bill Jeffers: Yes, sir.

Commissioner Nix: Maybe to the developer or the engineer. The dry basin, what will that be planted in? Is that spelled out here, because I haven’t seen it anywhere.

Matt Wallace: I guess, for the record, my name is Matt Wallace with Morley and Associates. I was the design engineer for the job. They have seeded it and I’m not exactly sure with what. I mean, you want to know what species of grass?

Commissioner Nix: I was just curious from the standpoint of it flooding, and then vegetation growing in as far as keeping it maintained, because it’s actually dry. It would be dry for most of the time, with the exception of the–

Matt Wallace: Yes, it’s going to be a grass-lined basin–

Commissioner Nix: Okay.

Matt Wallace: –that will be seeded with a fescue or a –

Commissioner Nix: And it will be maintained, when it’s not just–

Matt Wallace: It would be mowed just like the rest of the facility.

Commissioner Nix: Okay.

Bill Jeffers: Our drainage ordinance requires that any dry basin have the same cover as a grass lot and be maintained the same as a grass lot. Just that they use species that can take the temporary periodic flooding.

Commissioner Nix: I didn’t know that. So, thank you.

Bill Jeffers: Yes, sir.

President Musgrave: Any other questions? Is there a motion?

Commissioner Crouch: Motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Did you have another comment?

Matt Wallace: I just wanted to add that this was, the subdivision that this is now a part of is a part of the plat for Metro Center East, section nine. When this came through originally, it was unplatted ground, and we had performed a parcelization plat to create a 5.6 acre parcel, I believe. This drainage plan was submitted for that. That was the plan that we were asking for the revision on. Once the ground was platted, we had another drainage plan for the remaining area that was undeveloped at that time, so that was the Metro Center, section nine. So, there are actually two plans, and I just wanted to make it clear for the record that the existing plan for Metro Center East, section nine stands as it was, and then this was prior to that. We were asking for this basin only to be revised.

President Musgrave: Okay. Thank you, sir.

Bill Jeffers: That was my mistake and oversight. Matt is correct, the correctly worded recommendation should have been for the modified plan for the parcelization of the soccer complex, rather than section nine.

President Musgrave: Commissioners, do you feel–

Bill Jeffers: If you would rather make the motion again.

Commissioner Crouch: I’ll make the motion that it show the correct recommendation as given by the Surveyor.

Bill Jeffers: Thank you.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to Carpentier Creek Pavilion, revised final plan.

Bill Jeffers: Okay, Carpentier Creek Pavilion is the location for the Kohl’s, the new Kohl’s on the westside will be located right there on that lot. This plan that you’re looking at today is a modification of the pipe that brings this creek branch down underneath Rosenberger Avenue, and along side the entrance road, and then into the main channel of Carpentier Creek, which flows down underneath the expressway in this direction. The only modifications that we’re talking about is the change from a concrete pipe at this location under Rosenberger to a metal pipe, and an open channel from that point out to the creek channel, rather than a closed pipe. The plan is the same as the street and drainage plan approved by the Commissioners on August 2, 2005, with the recommendation by the County Engineer. The recommendation by the County Surveyor is for the approval of this plan, with the same conditions that the developer must acquire necessary state and federal approvals from the Indiana Department of Natural Resources and from the Corp of Engineers before the local plan, that you have before you tonight, before it’s approval becomes effective. They have to go ahead, that’s the same recommendation that Mr. Stoll made when he brought the plan to you on August 2^nd.

President Musgrave: Is there anyone here to address any questions that the Commissioners may have. I see no one. Commissioners?

Commissioner Crouch: Motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to Falcon Ridge, final plan.

Bill Jeffers: The Falcon Ridge Estates, final plan is for Falcon Ridge Subdivision. It’s located on Green River Road. If that picture were taken out a little wider, then you would see Boonville-New Harmony Road right here, and I-164 over here. So, it’s at the very northern most extreme of Center Township and the southern most boundary of Scott Township. It’s a residential subdivision below the Daylight Industrial Park. Their preliminary plan for this subdivision was approved on June 28, 2004. The storm water pollution prevention plan was approved by SWCD on 7/28/2004, one month afterward. The road and street plans came to you with a recommendation for approval from the County Engineer, and you approved them on 6/28/05, June of this year. The final plan that you’re looking at does not substantially change anything that was ever shown on the preliminary plan or the road plans. They straightened out one ditch, out in the right-of-way of Green River Road. Mr. Stoll is aware of that minor modification, and the County Surveyor recommends approval of the final plan, as it comes to you, so that the subdivision may be recorded and they can proceed with selling lots.

President Musgrave: Mr. Jeffers, that appears to be slightly at an angle. Is that an error? Or is that how that will sit on the ground?

Brenda Jeffers: That’s the way it came in.

Bill Jeffers: That’s the way it came–

Brenda Jeffers: When I added it, it came in that way.

President Musgrave: Okay.

Bill Jeffers: That’s the way it came from Area Plan Commission. It does, obviously, it needs to be rotated slightly to the northwest so that Green River Road aligns with the right-of-way, and so that that north line aligns with the driveway to the north, which is part of the adjacent property.

President Musgrave: And, you’ll touch base with Area Plan to make sure that they’re aware that this needs adjustments?

Bill Jeffers: We’ll be happy to notify Mr. McReynolds that it needs to be rotated to fit more appropriately on the map, yes, Ma’am.

President Musgrave: Thank you. Are there any questions by the Commissioners? Do I hear a motion?

Commissioner Crouch: Motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We now move to encroachment agreements.

Bill Jeffers: With your indulgence, may I add this Hargett Brothers plan that I neglected to put on your agenda? It’s the plan that we were anticipating coming back at the extension of last month’s meeting. Two weeks ago we were going to hear this plan. It did not come back, and we did not extend the meeting, and I forgot to put it on today’s agenda. Basically, it’s the Hargett Brothers property, I do not have–

Brenda Jeffers: Yeah, I’ve got it.

Bill Jeffers: Oh, we have one? Okay, it’s located just south of the Warrick County Co-Op, across from the County Garage at Mill Road and St. Joe Avenue. It’s a plan for a commercial project where an existing business burnt down. They’ve leveled the business, leveled the ground, and now they’re preparing to build a new structure. The County Surveyor recommends approval of the plan for Hargett Brothers, as presented to you tonight. Mr. Chris Weil, a registered engineer is here in the audience if there’s any questions. It still shows the old plant there, obviously, that plant has burnt down. Hargett Brothers Enterprises LLC carries a recommendation of approval.

Commissioner Crouch: Could I first amend the agenda to include Hargett Brothers? That’s a motion.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Commissioner Crouch: So ordered. I will then move approval of Hargett Brothers, final plan.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Do you have encroachment agreements as well, Mr. Jeffers?

Bill Jeffers: Yes, Ma’am. Madam Chairlady, we have an encroachment agreement from Lucent Plastics located on Lynch Road. They are requesting the relaxation of the right-of-entry for Sonntag Stevens Ditch, a regulated drain in Vanderburgh County. They’re requesting the relaxation to 25 feet as measured from the top of the south bank. This is allowed by Indiana Code 36-9-27, section 33. They submit to you an encroachment agreement which your attorney, Mr. Ted Ziemer, has, or your recording secretary, Madelyn, has the original copy. If everyone would, I don’t have much of a copy, but, I’ll be happy to give you what I do have.

Madelyn Grayson: I made copies for of the Commissioners.

Bill Jeffers: Oh, you did? Thank you. Basically, what we have here is the county reconstructed Sonntag Stevens as a part of the widening of Lynch Road in 1981. At that time Lucent Plastics, by whatever name, existed at that location, in the same location it exists today. But, by our widening of the ditch, we inadvertently got too close to the building with the ditch bank. The statute allows us to relax down to 25 feet. However, one corner, if you’ll look at your exhibit, one small corner of the building gets within 22 feet of the top of the bank. That same statute, 36-9-27, section 33, allows for the placement of a permanent structure within the 25 foot relaxed right-of-entry, so long as that structure, that establishment of that structure is with the written permission of the Drainage Board. So, the attorney for Lucent Plastics, who here tonight is Mr. Rheinlander, Bob Rheinlander, submits a document that has a clause in it that, well, Mr. Ziemer can read that clause. It’s the very last paragraph in the agreement.

President Musgrave: (Inaudible).

Bill Jeffers: I think he has read that, and approved of it, I hope.

President Musgrave: Mr. Rheinlander, do you have remarks that you care to–

Bill Jeffers: Anyway, I lost my train of thought, but, basically, this is so that the ownership, when the ownership changes very shortly, the chain of title will be clean. We have allowed this to happen with written permission.

Bob Rheinlander: Yes, I believe Mr. Jeffers is referring to the covenant that runs with the land. So, whatever is done today will go on in perpetuity. I’m here to answer any questions you may have. The encroachment has to do with the building that existed before we came. As Mr. Jeffers indicated, they moved the ditch, we didn’t move the building. So, it’s a small encroachment, as revealed on the drawing there. We would ask for approval of the encroachment agreement, as well as the relaxation of the right-of-entry for the rest of the ditch. For Sonntag Stevens as well as Stevens Ditch.

Commissioner Nix: Move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

Bob Rheinlander: Thank you very much.

President Musgrave: Thank you, sir.

Bill Jeffers: Thank you. I think that brings us to....oh, they also, Ted, they also faxed over a copy of the insurance policy that covers the county for up to two million dollars as per the agreement.

Madelyn Grayson: Can I have that for the record?

Bill Jeffers: Yes, Ma’am.

President Musgrave: We are at the public comment portion of our agenda. Is there a member of the public here to comment? I see no one approaching the microphone. Mr. Nix? Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, there is one other item of business–

President Musgrave: Yes, the Darmstadt–

Ted C. Ziemer, Jr.: –that is the Darmstadt, Town of Darmstadt adoption of the Vanderburgh County storm water runoff policy. When I discussed this with the president of the town board and then with their attorney, they were concerned that, yeah, they wanted Vanderburgh County to do this and were happy to do it, but they wanted to make sure that Vanderburgh County would in fact administer the policy for them if they adopted the resolution. So, what I have prepared is a resolution that is contingent upon their adoption of their resolution, which won’t happen until next Tuesday. When they do that, should you choose to adopt this, your resolution today would indicate that after they adopt it, you will provide the service indicated.

President Musgrave: Questions? Comments? Is there a motion?

Commissioner Nix: Move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you for your work on that, Mr. Ziemer.

President Musgrave: We move now to the claims. Mr. Jeffers?

Bill Jeffers: All the claims, I believe, are from the same vendor, Mr. Terry Johnson Mowing Service, and they pertain to finished work on various regulated drains on the east side of the county where we mow the weeds, especially in residential areas. The finished work has been inspected, and the County Surveyor recommends payment to the contractor in accordance with the claims presented to you at this time.

Commissioner Nix: So moved.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries. There being no other business to be brought before this board, can I have a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

(The meeting was adjourned at 5:00 p.m.)

         Those in Attendance:

         Cheryl Musgrave                      Bill Nix                            Suzanne Crouch

         Ted C. Ziemer, Jr.                    Bill Jeffers                       Madelyn Grayson

         Dave True                                 Matt Wallace                   Bob Rheinlander

         Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Cheryl Musgrave, President

Bill Nix, Vice President

Suzanne Crouch, Member

Recorded and transcribed by Madelyn Grayson.