VANDERBURGH COUNTY

DRAINAGE BOARD

JUNE 28, 2004

The Vanderburgh County Drainage Board met in session this 28^th day of June, 2004 at 6:45 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: Call to order Vanderburgh County Drainage Board, June 28, 2004. I will at this time turn it over to Mr. Jeffers.

President Mosby: Oh, I’m sorry, do I have a motion to approve the minutes of the previous meeting?

Commissioner Crouch: Second.

President Mosby: And I will, how about if you say so moved, and I’ll say second.

Commissioner Crouch: Alright. So moved.

President Mosby: And I’ll say second, and so ordered to approve the minutes of the previous meeting.

President Mosby: Okay, drainage plans, Falcon Ridge Estates, North Green River Road, one half mile south of Daylight, preliminary.

Bill Jeffers: Falcon Ridge is, as Mr. Mosby said, one half mile or so south of Daylight on Green River Road. This is a preliminary plan. It’s compliant with the conditions of the drainage ordinance. The only comment that I have, comments I have is that we would like to see no increased run off or concentrated flow cast off from the south tier of lots onto the adjacent neighbor’s ditch without further planning and consent of that neighbor. The only other comments are that the easements may have to be shown slightly modified to accommodate various ditches and pipes, and that will be shown in the final drainage plan. With those comments, the County Surveyor recommends approval.

Commissioner Crouch: Motion to approve.

President Mosby: Was there anybody in the audience that wanted to speak to Falcon Ridge? Yes, you have to come up and present your, or give us your name and address.

Marilyn Mason: I’m Marilyn Mason–

Mike Mason: Mike Mason, we’re the neighbors abutting to the south of Falcon Ridge. We just are kind of concerned, you know, where the water was going and so forth. Every time it rains out there, three quarters of an inch to an inch, that road, as you know, water gets over that there, and we’re just kind of concerned, you know.

Marilyn Mason: With all those added houses and so much more water being concentrated there, I, you know, like off their roofs, and off–

Bill Jeffers: Right.

Marilyn Mason: There’s going to be a lot more water there. Where is that water going to go?

Bill Jeffers: Okay, the county’s drainage code requires that all that additional water be routed through the storm sewer system, which is comprised of open ditches and pipes. The street system and everything is all routed, in this case, up to the northeast corner of the property, which is north of you and away from you. I believe there is around a 60" culvert up there under Green River Road, something along that line. They take all of their water up there and put it into a detention basin, just like a little lake, and they hold it and release it at a lower rate. So, it goes under Green River Road without flooding Green River Road.

Marilyn Mason: Okay.

Bill Jeffers: We were kind of breezing through it, but I didn’t know that you were here. So, I’ll say it more clearly and more slowly. The row of lots that’s along the south line of this subdivision adjacent to you, you have a ditch over on your side–

Marilyn Mason: Right.

Bill Jeffers: – in your farm field. I said that the final drainage plan would show no increased storm water run off or concentrated flow out the end of people’s down spouts, that type of thing, they can’t put anything in their backyard that would throw water across the line on to you. No increased run off or concentrated flow shall be cast to the south from that row of lots onto the neighbor’s ditch, that’s you. So, I want to see a plan that they might let their backyards come over on you, if it’s just grass. It might, naturally comes across the line as it does now, out of the cornfield, but just the water off the surface of the grass. No rooftop drainage, no swimming pool drainage, no street drainage, that all goes to the interior, and it’s carried up to that detention basin and is discharged under Green River Road at a lower rate. You probably do some farming?

Marilyn Mason: No, we’re just, we have two and a half acres there.

Bill Jeffers: Okay.

Marilyn Mason: We’re the–

Bill Jeffers: Okay, but you’ve seen these farm basins that have a standpipe in them?

Marilyn Mason: Oh, yes.

Bill Jeffers: Water goes there and slows down and then it’s slowly released. It’s similar to that.

Marilyn Mason: Oh.

Bill Jeffers: Only it’s more residential looking. It looks more like a lake. Now, this is just a preliminary hearing. You’ve been notified of Area Plan Commission on Wednesday the 7^th? You should have been notified.

Mike Mason: This is the first letter we’ve had.

Marilyn Mason: This is all, yeah, the only one we’ve gotten.

Bill Jeffers: Okay, well, there’s an Area Plan Commission meeting to address other things like traffic and so forth. Then they come back next, a month from today, the fourth Monday of July with a final plan. If you have any additional concerns, Mr. Poff is behind you. He has an office out in your neighborhood, Keith Poff, and he’s available, he’s the private engineer who’s working for this developer, and he’s available for you to tell him what you’re concerned about with regard to this drainage. He will incorporate those concerns into the final drainage plan, to the extent that they comply with the code. Then if you still are dissatisfied, you can come back to the final drainage hearing on the fourth Monday of July, same time, same place.

Marilyn Mason: Thanks.

Bill Jeffers: Thank you for coming.

President Mosby: Thank you, Mr. and Mrs. Mason. Are there any other remonstrators, or anybody that wants to speak? Seeing none. I have a motion to accept on preliminary.

Commissioner Fanello: Second.

President Mosby: I have a motion and a second. So ordered.

President Mosby: Carpentier Creek Pavilion, final.

Bill Jeffers: Okay, as the Commissioners know from your discussions with John Stoll and others, we’re trying to keep Carpentier Creek Pavilion on fast track so that Kohl’s will locate as an anchor store. The site is being prepared for that purpose, and we don’t want to hold up this development in hearings while that’s occurring, but we are waiting on DNR, Corp of Engineers and other permitting agencies to finish their review, or regulatory process. So, to keep it on the fast track, so that if it’s approved by DNR, Corp of Engineers, etcetera, in the next week or so, we’re right on track. John Stoll and I have been staying in contact to stay coordinated with our recommendations. You heard his earlier today in the Commissioners meeting, and the County Surveyor recommends approval of the final drainage plan for Carpentier Creek subject to the following conditions; (A) is the same as John Stoll’s (A); (B) is the recommendation for the access manhole, as recommended by John Stoll, and/or vent openings along the tunnel to sufficiently clear accumulated gasses so that workmen can enter to perform maintenance and repairs. I’ll pass these down so that you all can read along. I’ve provided a copy of this to the design engineer and the contractor, and would like for them to be made part of the permanent record; (C) for the portions of Rosenberger Avenue culvert that lie east of the east right-of-way line of Rosenberger Avenue, a maintenance covenant established to ensure that the property owners perpetually maintain the portion of the culvert that lies on private property in a manner that prevents the structure from deteriorating, or obstructing the flow of water through the structure, and to relieve the county of any responsibility for maintenance and repair of the portion of the structure that lies on private property. That’s virtually the same as John Stoll’s recommendation. (D) that there’s a maintenance agreement between the developer, the owner, and the county regarding the perpetual maintenance and repair of the realigned Carpentier Creek channel. This maintenance agreement has been prepared by Les Shively, has been reviewed by Kevin Winternheimer. We need for that to be executed and recorded in miscellaneous records. I believe Mr. Winternheimer will make a comment on that.

Kevin Winternheimer: That’s right. I’ve reviewed it, I have no problem with it.

Bill Jeffers: (E) all approvals by federal, state, and local regulatory agencies be final; (F) resolution of the contractor and owners right-of-entry and operation on University Center property for the purpose of constructing swale number one. That was not, I don’t know if John brought that to your attention, but there is a drainage easement on the University property, which the developer intends on entering and doing construction work. I may have a difference of opinion with others on a person’s right to enter on to other people’s property, whether there’s an easement there or not. I would prefer to see an agreement between University Center and this developer, with an understanding that that work is going to be done on someone else’s property. However, if an attorney overrules that opinion, so be it, but I really think someone needs permission to get on someone else’s property, whether there’s a right-of-entry, you know, whether there’s an easement or not. Anyhow, we just need a resolution of that issue, I’m not holding up the project on account of that. (G) relaxation of code requirement for paved channel liners in ditches with less than .8 percent slope. That’s a code requirement of ours. I’m prepared to make the recommendation, if the board relaxes that requirement, with the understanding that the County Surveyor recommends that the owner reconsider using concrete liners to address chronic wetness issues. I’m just saying, hey, you’ve had issues there, but it’s on his property, he can do as he wishes. (H), the understanding that in spite of Indiana Department of Natural Resources, or Corp of Engineer requirements, or recommendations, that the County Surveyor does not recommend the box culvert design with rip rap lining. I do not recommend it because of safety issues. When you send your men from the County Garage down inside there, stumbling over that rip rap, and I don’t think it’s a good idea for long term maintenance and repair issues. Now, I’ll only say that IDNR wants it for breeding and living habitats for little critters. That’s all fine and dandy, but I didn’t know we had cave fish around here that needed protecting. I don’t think it’s worth the life or limb of a workman. However, it’s not our call, if DNR says it has to be, it will be. Those are the conditions of the recommendation, and on those conditions you have your developer and your engineers here if they have any comment. Otherwise, I recommend approval.

President Mosby: Did you have any problem with that? Seeing none. I don’t think we’ve got any remonstrators, so.

Commissioner Fanello: If there are, they’re hiding.

President Mosby: Chair would entertain a motion.

Commissioner Crouch: (Inaudible. Mic. not on.)

President Mosby: Yeah, I know. Chair would entertain a motion.

Commissioner Fanello: So moved, based upon the Surveyor’s recommendations.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second based upon the Surveyor’s recommendation. So ordered.

Bill Jeffers: Metro Center II is a small commercial development, part of a greater subdivision. Matt Wallace from Morley and Associates is here to represent it. It’s a Spurling Development on Virginia Street near the intersection of Royal Avenue. It’s a final plan. It meets the requirement of the code. The County Surveyor recommends approval.

President Mosby: Any questions? Chair would entertain a motion.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: A motion and a second. So ordered.

Bill Jeffers: The next one is McCutchanville Community Church on Petersburg Road at Kansas. This is a final drainage plan from Andy Easley and Associates, representing the church. What we have here is 11,000 square feet of new church, which exceeds our requirement by 1,000 feet for detention. We’re asking that you waive the requirement for detention because the church has terraced the hillside that will slow down the velocity of the water, and there is a very large, about a five acre lake downstream that is in good shape and will serve as detention. With your waiver of the requirement for detention, the County Surveyor recommends approval of the final drainage plan for McCutchanville Community Church.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Waterford Commons III, that should read LLC, I’m sorry. Waterford Commons LLC, lot three, 992 N. Burkhardt Road is a modified plan, final plan. What they’ve done is they’ve rerouted a pipe through the parking lot so that it will not go underneath a building that they want to build. They are dedicating a new easement for that purpose, to carry the water through a pipe, through the parking lot, rather than under the building. The County Surveyor recommends approval of the modified final plan for 992 N. Burkhardt Road.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Eagle Plaza West, lot three, is on Pearl Drive, west of Boehne Camp. This is a modified final. What’s going on here is that a company has bought a part of half of lot three and some other lots, four and five, I believe. They didn’t want the remainder of lot three, so, the developer, Hahn, Gene Hahn, would like to move the drainage basin in such a way that it will perform the same function, but allow for an area for a cell tower. This is at the end of cul-de-sac overlooking a big valley. There’s not going to be any building downhill of this, and it’s a good plan, and it finds a use for a spare piece of property that wasn’t used for development. The County Surveyor recommends approval of this modified plan for Eagle Plaza West, lot three.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Wilmes Windows would like to locate at 2323 North Burkhardt Road in Burkhardt Business Park, lot four, but they need to modify the final drainage plan so that they can more fully utilize their lot. They’ve already got all the necessary permitting through APC and zoning appeals for full coverage of their lot, and now they need to come to you to modify the drainage plan so that they can cover the lot and pipe the ditch. The County Surveyor recommends approval of this plan, with the provision that the adjacent property owner enter into an easement agreement, for which they have prepared a document. I need to make sure to read this into the record correctly, in order to do this plan, Evansville Missionary and Church Extension Society of the United Methodist Church Incorporated, know as EDMC, located at 5200 Washington Avenue, number B, Evansville, Indiana, has agreed to this, that they can come on to their property and perform the work, and there is a document prepared by their lawyer to grant an easement to Wilmes Windows to finish the ditch on their property, and it awaits signatures. When that’s signed, with that condition that the document be signed and recorded, the County Surveyor recommends approval of the plan for Wilmes Windows, 2323 N. Burkhardt.

Commissioner Fanello: So moved, with provision.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Okay, they’ve added this to the agenda since Thursday, Gordon Food Service Marketplace Store, Burkhardt Road and Oak Grove Road, on private parcel. Recommend approval of the preliminary plan.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: I have for you ditch maintenance claims that are in order, signed by the County Surveyor with the paperwork attached. I recommend the payment of those claims.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Okay, Universal Design Associates, representative for Wilmes Windows is asking for a drainage easement encroachment on lot 4 of Burkhardt Business Park, 2323 N. Burkhardt, in order to pave a parking lot over a pipe in the easement. The County Surveyor recommends approval of this drainage encroachment easement for which the County Auditor has the original copy for your signature, with a check sufficient for recording.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Second one, Waterford Commons LLC, Waterford Place, lot three. We have a new drainage easement dedicated to relocate the drainage pipe I’ve previously talked about. We also have an agreement to encroach the easement and pave a parking lot over that pipe. All in order, and with the appropriate check attached for recording of the documents. I believe the County Auditor has the original copy of that for your signature, and the County Surveyor recommends approval.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: We have Redbank Development LLC, Eagle Plaza West, lot three, which I talked about the building of cell tower. They’re dedicating the remainder of lot three as a drainage easement, and a document to be recorded, and then a subsequent document and an easement encroachment to build the cell tower within the easement, the drainage easement. Everything is in order, the original copies are in the possession of the County Auditor with a check in the appropriate amount for recording. The County Surveyor recommends approval of those.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: The last one is Cayuse LLC, it’s a request for lot one of East Pointe Business Park, section one, encroachment of a drainage easement and a landscape buffer at the intersection of the entrance road and Telephone Road for the purpose of erecting a brick sign to let people know where they are. It’s in order. The County Surveyor recommends approval, and there is a check attached, and I believe the County Auditor also has the original copy for your signature of that.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: We were anticipating a petition tonight, but I don’t see anyone present to speak to it. Did the County Auditor receive any petitions?

Teri Lukeman: Not that I’m aware of.

Bill Jeffers: Okay, the water must have dried up, the petitioner went away.

Bill Jeffers: The last two bullet items are yours.

President Mosby: Is there anybody else wishing to address the board? Not everybody at once. If not, I will take....oh–

President Mosby: –comments, questions...we just did that–

Commissioner Fanello: Motion to–

President Mosby: Adjourn?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: If I don’t say anything, are we still in session?

Commissioner Fanello: No, because Suzanne and I are leaving.

President Mosby: So ordered.

(The meeting was adjourned at 7:05 p.m.)

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Bill Jeffers                       Kevin Winternheimer      Teri Lukeman

         Marilyn Mason                Mike Mason                    Others Unidentified

         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded by Teri Lukeman. Transcribed by Madelyn Grayson.