MINUTES

WARRICK COUNTY AREA PLAN COMMISSION

Regular meeting held in Commissioners Meeting Room,

Third Floor, Court House,

Boonville, IN

Wednesday, March 10, 2004, 6:00 P.M.

MEMBERS PRESENT: Guy Gentry, President; Duane Erwin, Gary Michel and Larry Willis.

Also present were Sherri Phillips, Executive Director, Shawn Sullivan, Attorney and Sheila Lacer, Assistant Director.

MEMBERS ABSENT: Robert Addington, Phil Baxter and Mike Moesner.

Roll call was taken and a quorum declared present.

MINUTES: Gary Michel indicated he had a change made to the Minutes regarding a statement he made about “acre feet” and then made a motion to approve the Minutes of the last regular meeting held February 11, 2004, as corrected. The motion was seconded by Duane Erwin and unanimously carried.

WARRICK COUNTY REDEVELOPMENT COMMISSION RESOLUTION:

Warrick County Redevelopment Commission by Rick Martin, Attorney - Consideration and approval of the Warrick County Redevelopment Commission Resolution 2004-1 ~ Warrick County Economic Development Area/ Epworth Road corridor.

Warrick County Redevelopment Commission by Rick Martin, Attorney - Consideration and approval of the Warrick County Redevelopment Commission Resolution 2004-2 ~ Warrick County Economic Development Area/ SR 62 corridor.

Rick Martin, County Attorney and Sue Gibbens, Economic Development Director were present.

Attorney Martin stated on February 19, 2004, the Redevelopment Commission passed two resolutions declaring two distinct areas in the County as economic development areas. He stated the purpose for the creation of these areas essentially is to allow for funding of infrastructure improvements within the area from funds generated from development in the area. He stated basically the resolution being adopted by the Redevelopment Commission before March 1^st of this year captures any increases in tax revenue from this point forward to be reinvested in the districts. He stated they hope that by creating these two districts they will be able to put in the infrastructure to generate commercial development in these areas. Attorney Martin stated they are before the Area Plan Commission today because this is the second step in the procedure after the Redevelopment Commission adopts the resolutions. He stated they are now asking this Board to review their plan and to confirm the plan and resolution is in conformance with the Development Plan for the County. Attorney Martin stated he submitted copies of the plans to the Plan Commission office for their review.

Attorney Martin explained the areas set up for both areas stating they are set up for commercial growth and stated they feel the plans are in conformance with the Master Plan for the County. Attorney Martin stated the Epworth corridor calls for the widening of Epworth Road from Lincoln Road to S.R. 66 as a four lane road with a turn lane in the center which is also in conformance with the Thoroughfare Plan for the County. He stated the S.R. 62 corridor calls for some sewer lines to be ran to serve the north side of the highway to free up some space on the lift station for the property on the south side of the highway.

Attorney Martin stated State Statue IC 36-7-14-16 states After adoption of a resolution under section 15 of this chapter, the redevelopment commission shall submit the resolution and supporting data to the plan commission of the unit, or if there is no plan commission, then to the body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the redevelopment plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. He stated they are here this evening asking for the approval of the plans.

Larry Willis stated he wants to make it a part of the record that he owns property along the S.R. 62 corridor. He stated he doesn’t feel he has any conflict of interest but he wanted it to be known.

Attorney Sullivan stated Mr. Willis asked him before the meeting if there would be any conflicts and he told him that since he would not be receiving any direct benefit it would not disqualify him from voting on this issue.

The Executive Director stated this Board is recommending approval of this resolution to the County Commissioners.

Attorney Sullivan stated this Board is approving both their resolution and that it conforms with the Development Plan for the County. He then commented this is a public hearing for the issue.

The President called for remonstrators.

Jim Biggerstaff asked what the boundaries of the areas are to which Attorney Martin explained using the maps.

Ascertaining there were no other questions from the Board and being no other remonstrators, the President called for a motion on Warrick County Redevelopment Commission Resolution 2004-1 ~ Warrick County Economic Development Area/ Epworth Road corridor.

Duane Erwin made a motion to approve Resolution 2004-1. The motion was seconded by Gary Michel and unanimously carried.

The President called for a motion on Warrick County Redevelopment Commission Resolution 2004-2 ~ Warrick County Economic Development Area/ SR 62 corridor.

Gary Michel made a motion to approve Resolution 2004-2. The motion was seconded by Duane Erwin and unanimously carried.

Attorney Martin stated he would come to the office to pick up the executed copies and thanked the Board.

SUBDIVISION FOR PRIMARY PLAT APPROVAL:

PP-03-20 – Victoria Bluffs Subdivision by Victoria Manor, LLC, Dennis Aiken, Mbr. 15.2386 acres located on the N side of Victoria National Blvd., approximately 0’ N of the intersection formed by Victoria National Blvd. & Medinah Dr., Boon Twp. (Complete legal on file.) Advertised in the Boonville Standard November 27, 2003. Con’t from last regular meeting held December 10, 2003, January 14, 2004 & February 11, 2004.

Jim Biggerstaff, Capstone Engineering and Cynnie Hammonds, Development Manager, Victoria Manor, LLC were present.

The President called for a staff report.

The Executive Director stated they have submitted the return receipts from certified mail of notice of this meeting to the adjacent property owners. She explained this is a residential subdivision and lots 17-21 are zoned R-2 which requires a minimum frontage of 60 feet and a minimum lot area of 6,000 square feet. She added the remaining lots are zoned R-1B which requires a minimum frontage of 80 feet and a minimum lot area of 12, 000 square feet. Ms. Phillips stated there is no flood plain on the property and this subdivision will consist of 21 building lots and 1 outlot. She stated the street construction plans were approved by the County Commissioners on March 3, 2004. Ms. Phillips stated the drainage plans were approved by the Drainage Board on March 3, 2004 as well. She added they have submitted a capacity letter from Newburgh Sewer and a letter from Indiana American stating they have water lines in place and available for connection. Ms. Phillips informed the Board that this property was previously platted as Victoria Bluffs and Victoria Cottages and was vacated May 8, 2002. She stated they presented a primary plat PP-02-15 on July 10, 2002 and that was approved and then they submitted a secondary plat that was never recorded. She stated they need to withdraw that primary and secondary plat before this plat can be approved. Ms. Phillips stated this plat is in technical conformity with the Subdivision Control Ordinance and is in order for approval.

Jim Biggerstaff made a request to withdraw the previous plats.

Duane Erwin made a motion to allow the withdrawal. The motion was seconded by Gary Michel and unanimously carried.

Mr. Biggerstaff stated this new design has larger lots.

Gary Michel asked about the size and maintenance of the outlot.

Mr. Biggerstaff stated the outlot is basically a high berm and it will be maintained by the Home Owners Association.

Ascertaining there were no other questions from the Board and being no remonstrators present, the President called for a motion.

Gary Michel made a motion to approve PP-03-20 Victoria Bluffs Subdivision. The motion was seconded by Larry Willis and unanimously carried.

PP-04-02 - Mallard Lake Subdivision by Lake Group, Inc., Stewart Phillips, President. 26.1687 acres located on the S side of Heim Rd. approximately 1800’ W of the intersection formed by Heim Rd. (N 50) & Tow Path Rd. (W 800), Ohio Twp. (Complete legal on file.) REQUEST TO CONTINUE

The Executive Director stated this subdivision needs to be continued due to the street and drainage plans have not been approved.

Gary Michel made a motion to continue PP-04-02 Mallard Lake Subdivision to the next regular meeting. The motion was seconded by Larry Willis and unanimously carried.

OTHER BUSINESS:

Formal Complaint: Monte Williams, 7320 S.R 66 – Zoning Violation. Con’t from last regular meeting held February 11, 2004.

The President stated this matter needs to be continued due to the number of Board members present this evening. He stated they just have a quorum of four members and Larry Willis has previously excused himself from this matter due to a conflict of interest, therefore, they don’t have enough Board members present this evening to consider the violation. He stated Mr. Williams and his Attorney have been notified that this will be placed on the next agenda.

Formal Complaint: Cleveland & Debra Snodgrass, 1866 E. New Hope Road – Alleged Salvage Yard. Granted 90 days on December 10, 2003.

No one was present and the President called for a staff report.

The Executive Director stated a complaint was filed on July 28^th regarding abandoned vehicles and debris on the property. She stated the Zoning Inspector inspected the property and reported there were several junk cars, a camper, debris and two mobile homes joined together. Ms. Phillips stated inspection of our files indicated that no approvals were given for the mobile homes and so a letter was sent to them on September 22, 2003, informing them of the complaint. She stated they sent a letter to the office requesting 60 days in which to correct the problem which was allowed. Ms. Phillips stated the Zoning Inspector went back to the property on November 10^th and reported the vehicles and mobile homes were still on the property and then another inspection was done December 5, 2003 which showed the two mobile homes, camper, van and dump truck as well as other items still on the property. She stated they came before the Board on December 10, 2003 and the Board granted ninety days. She added that Mrs. Snodgrass telephoned the office last week asking for additional time to which she was informed that only the Board could grant an extension and this matter was on tonight’s agenda. She stated that Staff went to the property yesterday and took photographs and the photos show that several of the old cars have been removed as well as one of the mobile homes. She stated there still is an old dump truck and school bus on the property as well as other items located on the ground but it appears much improvement has been made.

Mr. Snodgrass entered the meeting room and stated he would like some additional time to finish up because the weather has been rainy. He stated he works from 4 am to 6 pm every day and he would like to have another 90 days if possible.

Guy Gentry asked if as the days get longer will his work days get longer as well to which Mr. Snodgrass stated that depends and sometimes he works even longer.

Larry Willis made a motion to give Mr. Snodgrass until the May 12^th meeting to finish the work and then if he still needs more time they can revisit the matter at that time. The motion was seconded by Duane Erwin and unanimously carried.

The Executive Director informed Mr. Snodgrass if he gets everything removed before that time he should telephone the office so staff can go back out and take photographs and then she can report to the Board the violation has been taken care of and he won’t have to come back.

ATTORNEY BUSINESS:

EXECUTIVE DIRECTOR BUSINESS:

The Executive Director stated they have been having meetings for the Zoning Ordinance and Attorney Shively’s office is now typing it up in ordinance form. She stated it is supposed to be typed showing the current and proposed changes.

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The Executive Director stated every year the office gets audited by the State Board of Accounts and each time they have something different to say. She stated for over thirty years the office has had a $100 cash fund to use to make change and for her to use when she went to conferences for gas and meals and then she would reimburse the fund when she returned. She stated when they were audited this time the lady told her she had to have a petty cash fund and a cash change fund. She stated she needs the Board to establish that $75 is the petty cash fund and $25 is the cash change fund.

Duane Erwin made a motion that the petty cash fund be $75 and the cash change fund be $25. The motion was seconded by Larry Willis and unanimously carried.

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The Executive Director stated she asked Kenny Ubelhor to come to the meeting this evening. She stated he had a primary plat, High Pointe North Section 1 approved August 16, 2001 and High Pointe North 2 approved August 14, 2002. She stated primary plats are only valid for two years unless a secondary plat is filed within that time. She stated Mr. Ubelhor is here to request a two year extension on both of the primary plats.

Mr. Ubelhor stated he has all of the streets and drainage structures installed and the sewers but S.R. 66 construction is behind schedule. He stated this is commercial ground and he is waiting to see what type of interest he will have on these lots. He stated they are both “C-4” General Commercial.

Larry Willis made a motion to grant a two year extension for both primary plats. The motion was seconded by Gary Michel and unanimously carried.

Being no other business the meeting adjourned at 6:35 p.m.

_______________________

Guy Gentry, President

ATTEST:

_______________________

Sherri Phillips, Executive Director