VANDERBURGH COUNTY

DRAINAGE BOARD

DECEMBER 12, 2006

The Vanderburgh County Drainage Board met in session this 12^th day of December, 2006 at 4:04 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. I would like to call to order the Vanderburgh County Drainage Board, Tuesday, December 12, 2006, at four minutes after four.

President Nix: I will entertain a motion to approve the minutes of the previous meeting.

Commissioner Musgrave: Move approval.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

President Nix: Mr. Jeffers, good afternoon.

Bill Jeffers: Good afternoon, Commissioner Nix, Commissioner Musgrave, Mr. Ziemer. We have two drainage plans today. I have aerial photographs on your desk, two sets, one photograph for each subdivision, along with the plans. The first subdivision is Stonefield Park preliminary plan. This drainage plan is for a large, commercial subdivision on Green River Road, north of Theater Drive, south of Spring Valley Drive, immediately across from Sugar Mill Creek apartments. You rezoned it a week or two ago.

Commissioner Musgrave: It was called Mystic Creek at the time, wasn’t it?

Bill Jeffers: Mystic Creek is north of that. That’s Jack Tubbs development is Mystic Creek, which is north of Stonefield.

Commissioner Musgrave: I just don’t remember it being called Stonefield.

President Nix: That was the first reading, though, was that correct? That was the first reading, we still have one more reading on it.

Commissioner Musgrave: Right.

President Nix: Are we on that?

Dave True: That actually goes to Area Plan meeting–

Bill Jeffers: It goes to Area Plan....if this preliminary drainage plan passes tonight, this subdivision will go to Area Plan Commission Thursday, two days from today, for plat approval. So, I’m assuming that the rezoning is effective as of the third Tuesday of–

President Nix: Okay, that’s fine.

Bill Jeffers: –November. Is that when you have your rezonings? Okay. Yes, and it is immediately adjacent to Mystic Creek, and has some sort of connection there, or was supposed to.

Commissioner Musgrave: Does it?

Bill Jeffers: It doesn’t show on my set of plans, so it must be a private easement covenant that they have. It doesn’t look like there’s a public road connection, is that correct, Dave?

Dave True: Yes.

Bill Jeffers: There’s no public road connection, there is, apparently, a private cross easement connection between the northern most lot of Stonefield, and the southern most lot of Mystic Creek. But, I’m not familiar with that until I see it at Area Plan Thursday. I’ve seen it on a site plan at site review a couple of weeks ago, but I think it was subject to some revisions as it passes through the process. I’m not familiar with it’s exact status at this time, because I haven’t seen the, what do they call that, covenants or commitments, whatever it is they make to Area Plan Commission. I’ll see those Thursday. Anyway, this is only a preliminary plan. It represents basically a conceptual plan that shows you the layout of the drainage. There will be some fine tuning done as they move forward and gather their final bits of data to process into a final plan within the next 30 days or so. However, I have reviewed the preliminary plan for Stonefield Park commercial subdivision, it comports with the county’s drainage code for a preliminary plan, and the County Surveyor recommends approval.

Commissioner Musgrave: Motion to accept the recommendation of the Surveyor.

President Nix: Second. Is there anyone who would like to speak to this issue before we approve this?

Bill Jeffers: I think we have two fellas in the audience, one or both of whom may wish to speak to this subdivision.

President Nix: Please step up to the podium, if you would, and state your name and address please.

Victor Dorsey: My name is Victor Dorsey, and I live at 2509 Saratoga Drive, right behind Stonefield Park. Our biggest problem, and the one that concerns us is that the Stonefield Park is higher than our land. We’re in the city, that’s in the county. We were in the county and they took us in around 1980, I think. No one inquired about the flooding back there, once we were in the city. There was probably flooding before then, but we didn’t pay any attention to it. So, now we get flooded out because that’s higher than we are. So, I don’t know–

President Nix: I guess, we, is the engineer here today?

Bill Jeffers: Excuse me just a second, sir. Yes, the company who engineered this plan is represented here today. This has been discussed on several occasions in Area Plan Commission and between the engineers and our office. There is that large berm that was discussed in front of you and in front of Area Plan Commission. That berm also serves to intercept the storm water that would come off of these commercial lots and guide it through a system of conveyances to the detention basins. There’s also facilities on the west side of the earthen berm, which would be adjacent to this gentleman’s property and area of concern that would intercept the water that would come off of the residential property, or be blocked from coming off by the berm. There is methods to capture that water on the west side of the berm. If you wish, Dave True, who designed this layout is here to answer any questions that this gentleman or the board may have.

Dave True: Dave True, with Landmark Design and Engineering. As Victor and Bill both said, there are drainage problems existing directly to the west of us. In the preliminary drainage plan we have provision in there, at the location of a low spot, at the southwest corner of our property where the existing residential subdivision drains to that point and eventually drains across a swale along our south property line. We put an inlet of sorts back by that corner to help take away that low point flooding, essentially. I’m not certain that Victor has seen that. We tried to stay in close contact with he and others in the neighborhood, but I’m not certain that he’s seen that plan yet.

President Nix: I guess, the idea is that anytime there’s a development like this, and there’s drainage issues, the idea is to make the drainage better for adjacent properties and the property that your working on than it was before the project was started. That’s the reason that we have these hearings. That’s the reason why we’re here today.

Dave True: Sure. That’s what we’ve been attempting to do too. We know that there is, as it sits now, there is no good way to drain that portion anyway. That’s what we’re trying to do is get provision in there to drain that.

Commissioner Musgrave: Does that drain into the city sewer system there in the southwest corner?

Dave True: It eventually makes it’s way over to Green River and goes in the curb inlets over there. Or, possibly an area drain by Green River that ties into that piping.

Commissioner Musgrave: I would ask that you go ahead and show this to this gentleman.

Dave True: Okay.

President Nix: Is there any other public comment?

Bill Jeffers: While Mr. True is showing that to Mr. Dorsey, and before you vote your motion, I would like to point out again to Mr. Dorsey and to Mr. Kissinger, who is here from 2521 Saratoga Drive as well, that this is a preliminary plan, and we have the opportunity, even after passing this preliminary plan, of taking additional public comment. They are probably going to be among the people who come to the Area Plan Commission Thursday. If there’s any concern expressed at the Area Plan Commission regarding drainage, it will be referred to the County Surveyor’s office for discussion outside of Area Plan Commission meeting. Everyone who has any concern about this, especially the adjacent property owners, can come to the County Surveyor with their concerns, and any legitimate concern will be incorporated into the plan between now and the time the final plan is developed. I will not bring you a final plan that does not adequately address those concerns.

Commissioner Musgrave: Thank you.

President Nix: Thank you, Mr. Jeffers.

Commissioner Musgrave: Do you want to call for the vote?

President Nix: I think we’ve already called for it.

Commissioner Musgrave: Did we?

President Nix: Yeah, you made the motion, go ahead.

Commissioner Musgrave: I vote aye.

President Nix: I second.

Commissioner Musgrave: Well, now I made the motion and you seconded it. We have to vote now.

President Nix: All in favor? Excuse me.

Commissioner Musgrave: Aye.

President Nix: Aye.

Bill Jeffers: So, is that your pleasure that you voted on that?

President Nix: Yes, that’s correct.

Bill Jeffers: They are continuing their discussion, and both Mr. Dorsey and Mr. Kissinger will have the County Surveyor’s phone number and address to come express any further concerns.

President Nix: Thank you.

Bill Jeffers: Okay, Delaware Trace is a large apartment project that we discussed a couple of weeks ago. You have the plan on your desk. This is the final plan. The aerial photograph, I would like to point out at the eastern or right hand end of the project, you see a little horseshoe I made with this felt tip marker. That’s on the aerial photograph that I’m talking about. A little area that is not being farmed. You can see that the row crops don’t extend into that brownish looking area on the photograph. That is a very small pocket wetland that the Corp of Engineers and the Department of Natural Resources prohibits filling, etcetera. That will be left natural. So, if you ever hear in the future of any complaints about mosquitos or a patch of ugly weeds or whatever, it’s because we are prohibited from disturbing that pocket wetland under new statute. I don’t know if that includes you can’t send a spray truck out. I think you probably could, but we can’t disturb that area, the vegetation. Anyway, I gave you a pretty detailed description of Delaware Trace, how many units they have and everything at the last meeting, and the final plan comports with the code’s requirements for a final drainage plan. The County Surveyor recommends approval.

President Nix: Mr. Jeffers? I guess, the plans are actually in here for this, is that correct?

Bill Jeffers: Oh, I’m sorry. Yeah, that’s the cover sheet that you’re looking at to sign, if it’s your pleasure to pass. Inside that folder are several sheets, because it’s such a long, narrow project, you’ll see lot one on one 24 by 36 inch plan, and then you’ll see lot two on the other.

President Nix: Okay.

Bill Jeffers: It has interior streets. It has a potential frontage road for Cullen Avenue extension, should that ever be extended north or south of there, etcetera.

Commissioner Musgrave: Now, this is the, is this still planned to be a low income, Section 48 housing complex, to your knowledge?

Bill Jeffers: I’m not familiar with what the marketing plan is.

Commissioner Musgrave: When they came before us for rezoning, quite some time ago–

Bill Jeffers: Yes, there was, you know, and then I’m looking at it and I’m starting to see four bedroom units. I don’t think that that would be low income. It seemed like maybe some of the units in one of those, there’s two large lots, it seemed like some of them were a little bit upgraded from the first plan we saw. I’m starting to see four bedroom units. That looks more like, almost like condo units. You know, relatively expensive units to rent.

Commissioner Musgrave: Interesting. It’s not student housing, is it?

Bill Jeffers: I plead ignorance.

Commissioner Musgrave: Do you know? Come forward–

Bill Jeffers: Okay, the problem here is that Matt Wallace, who is the engineer who designed this, and probably has all the details, was taken ill and was unable to come to the meeting today. So, he has a stand in representative who may or may not know the marketing details. I never get into marketing details when I’m looking at drainage plans.

President Nix: I guess, the concern I have is that some time back, probably a year ago, there was someone who came to us for a rezoning of this property, and I know that this isn’t necessarily a drainage issue, but I would like to make sure we follow up that what we decided upon, and what the Commission decided upon as far as the rezoning, is what they’re going to put on this property. Once again, it’s not a drainage issue.

Bill Jeffers: Right.

President Nix: But, we need to–

Bill Jeffers: But, you have the opportunity to hold it up in Drainage Board.

President Nix: Yeah, and I’m wondering, do you have anything on the agenda for next week yet?

Bill Jeffers: No, sir.

President Nix: I’m wondering if you could bring that back to us maybe with, and, once again, I know it’s not a drainage issue, but I don’t want to get in a situation that we got into some time back where we were told that one thing was going to be built on a development, when, in fact, something else was built. We’re not going to have that.

Bill Jeffers: I understand what you’re saying completely, and it’s happened more than the once or twice–

President Nix: Right.

Bill Jeffers: –in the last couple of years. It’s happened in the past in such ways that would raise that alarm legitimately.

President Nix: Right.

Bill Jeffers: If you wish to bring it back, that’s your pleasure.

President Nix: I would rather do that, at this time.

Commissioner Musgrave: I would like to make a motion–

President Nix: Go ahead.

Commissioner Musgrave: –to table this, since your chairing.

President Nix: I second.

Bill Jeffers: When the folks call in to ask why–

President Nix: Excuse me, Bill, excuse me.

Bill Jeffers: I’m sorry.

President Nix: Aye.

Commissioner Musgrave: Aye.

President Nix: Go ahead.

Bill Jeffers: When the representatives call in to ask why, I will relay your concern to them, and ask them to have a representative here who can answer your questions. I’m sorry to interrupt.

President Nix: No, that’s quite alright.

Commissioner Musgrave: Madelyn, could you pull the minutes of the rezoning hearing that we had, so that my memory can be refreshed? That would be of assistance to me.

President Nix: Now is the time for any public comment. Is anyone here to speak to the board on anything that we’ll address? If not–

Bill Jeffers: We have some claims.

President Nix: Okay.

Bill Jeffers: They’re on your desk, they’re in order, the paperwork’s attached for maintenance on, for work done on regulated drains in the past few weeks. I recommend approval of those.

Commissioner Musgrave: I’ll move approval of the claims.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

Bill Jeffers: And I have a piece of correspondence that I’ve laid on your desk, just showing you what I sent to, under my signature, to Norfolk Southern Railroad regarding Commissioner Musgrave’s concern, and all of our concern, about the potential for obstruction by some rip rap that they keep applying to their roadbed out there. That was mailed certified, return receipt requested today, and I wanted to copy you.

President Nix: And you’ll let us know when you, if and when you get a response from them?

Bill Jeffers: Yes, sir. Next week should be when I notify you.

President Nix: Okay. Thank you.

Commissioner Musgrave: Motion to adjourn.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

(The meeting was adjourned at 4:22 p.m.)

Those in Attendance:

Bill Nix                                      Cheryl Musgrave                      Bill Jeffers

Ted C. Ziemer, Jr.          Madelyn Grayson                     Victor Dorsey

Dave True                                 Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, President

Cheryl A.W. Musgrave, Vice President

Recorded and transcribed by Madelyn Grayson.