APRIL 12, 2006
The Warrick County Drainage Board met in regular session with President Don Williams presiding, also in attendance were Phillip H. Baxter, Vice-President; Carl Jay Conner, Secretary; Jim Niemeyer, Surveyor and David K. Zengler, Attorney for Board. Also in attendance was Sean M. Owen, Deputy Surveyor.
Minutes were recorded and transcribed by Cheryl D. Embry.
Audience attendance was Delores Freudenberg, Charles Freudenberg, Anthony Long, Gerald Lewis, Allan Holweger, Jim Farney, Jim Morley, Jr., G. Michael Schopmeyer and Elaine M. Shoppe and Joann Durling.
APPROVAL OF MINUTES:
Phil Baxter: I move that we approve the minutes of March 22, 2006.
Don Williams: Do I have a second?
Carl Conner: Second.
Don Williams: I have a motion made with a second all those in favor state by saying aye. (All members voted Aye) Motion carried 3-0.
Don Williams: The next item opening bids for Allen Ditch. Cheryl, we’re getting a lot of feedback, could you turn the master one down just a little counter clock wise, thank you, that’s better.
Jim Niemeyer: With regard to Allen Ditch, we did not receive any submittals to complete the work.
Carl Conner: Unless the Attorney for some reason feels that it is inappropriate what I would like is to make a motion that what we do is go out for bids once again and re-advertise.
Don Williams: I’ll second that motion.
David K. Zengler: That is appropriate.
Don Williams: Okay, motion has been made and seconded, all those in favor say aye.
All members voted aye. Motion carries 3-0. We will rebid that Mr. Surveyor.
DRAINAGE PLAN APPROVALS:
Don Williams: Drainage
Jim Morley, Jr.: This
is an amendment to the original drainage plan and at the next meeting you will
get amended road plans. As you see Park Place Drive that runs parallel to 261
kind of on the right hand side there, it used to come up to tie into Vann Road
and originally when the primary was platted, the thought was that the gas main
was going to be re- located in that area and lowered, that never happened. It
is not going to happen after all, so that gas main is in the way of extending
that road on through and it is a pretty good sized gas transmission line that
Carl Conner: These are just basically minor revisions as a result of that gas line running through there?
Alan Holweger: The original road way that we put in, they let us pour two-foot of concrete over the top of it and we got almost down to it and originally they were going to re-locate that gas line and dig it deep so that we could run that street out. Well, then they decided to go a different direction so they didn’t need to, so the gas line is higher than Vann Road and for us to come off of that thing to get over the gas line we would have had to have a 45 degree angle to get up over that gas line.
Jim Morley, Jr.: But the retention basin stayed the same and the outlet stayed the same, it is just the internal drainage that changed.
Carl Conner: All right
Alan Holweger: Then
north of the
Don Williams: Mr.
Morley, is that from where the intersection of
There was a lot of discussion with all parties talking at the same time on different subjects, so the answer to Don’s question was inaudible.
Don Williams: Any questions from any of the Board members? Mr. Surveyor, do you have any input, recommendation?
Jim Niemeyer: I recommend we go ahead with it.
Don Williams: Okay, what is your pleasure gentlemen?
Carl Conner: I would move that we approve the revised drainage plans for Engelbrecht Place Section II.
Phil Baxter Second
Don Williams: A motion has been made and seconded, all in favor say aye (three ayes) Motion carries 3-0.
Mr. Conner asked Mr. Holweger about a guard railing that was supposed to be put in. He was told it was taken care of.
Jim Niemeyer: State your name please and who you represent.
Jim Farney: My name is Jim Farney and I’m with Bernardin & Lochmeuller.
JoAnn Durling: My name is JoAnn Durling and I’m here to represent the buyer.
Mike Schopmeyer: Mike Schopmeyer with the Law firm of Kahn, Dees, Donavon & Kahn.
Jim Farney: We’re
here for a subdivision that is referred to as Gilman Subdivision and it is
coming to you later today for plat approval, it is 22.4 acres. It is located
Don Williams: How
far are those lakes from
Jim Farney: About 60 feet I would say.
Don Williams: And how high are the berms going to be?
Jim Farney: The berms are like 3 ½ feet tall.
Don Williams: Is there any plan for any decorative shrubs or anything like that, do you have any idea?
JoAnn Durling: A landscape plan, yes there will be shrubbery and flowering shrubs along there.
Carl Conner: I just have one question, you’re not asking for us to change the 75-foot as you did previously?
Jim Farney: No, we are not.
Don Williams: Mr. Surveyor, do you have any input?
Jim Niemeyer: We had one change on the storm sewer calculation section, its line number 1.04
Sean Owen: It was the 400 foot pipe, I think Jason had told you or you were going to get the updated plans thru him.
Jim Farney: Yes, We’ve fixed that and I’ve already delivered it to your office.
Don Williams: I would like to state that I appreciate the fact that you are designing it to a 100-year instead of 50-year required by our statute. I’m not so sure that shouldn’t be the County standard with all the drainage we’re having, so I just wanted to say I appreciate that as one member of this Board. What is the will of the Board?
Carl Conner: I would move that we approve the drainage plans as submitted.
Phil Baxter: Second
Don Williams: I have a motion and a second; all in favor say aye (all said aye) motion passes 3-0.
Don Williams: Okay, Jim you want to take the discussion items.
Jim Niemeyer: The next person is Jerry Humphreys and he has questions about Allen Ditch.
Mr. Humphreys was not present.
Don Williams made a motion that Mr. Humphreys be removed from the agenda until he reapplies, second by Carl Conner. Motion carried 3-0.
Jim Niemeyer: The next item is Matt Finn from Field of Dreams Subdivision.
Mr. Finn was called and no one answered, so Carl Conner made a motion to remove Matt Finn from the agenda until he reapplies, second by Phil Baxter, motion carries 3-0.
RIGHT OF ENTRY RELAXATION:
Don Williams: Right of Entry Relaxation.
Jim Niemeyer: Mr. Frudenberg
Anthony Long: Actually
that should be Delores Frudenberg. She is the owner. My name is Anthony Long
and Delores is here. She has asked me to speak on her behalf. We have drawings
to submit. You may well be aware that
Jim Niemeyer: It is
Anthony Long: It is, the encroachment……when they first came to see me their abstract of course doesn’t reflect any 75-foot situation and I was not able to tell about Mann as to what it’s circumstance, but the building as it was originally constructed would obviously have been like 25 or 26 feet from Mann Ditch on the west side and about 32 feet or so on the east side. This is I suspect for the tornado coming through, this would be a situation they wouldn’t have been dealing with at this time, but as they are under major renovation, they’ve come before you at this point, if you have an easement there and as I said I couldn’t tell by their abstract, but I think those are legal drains. I know very little about drainage law and I thought the simplest thing would be to come and talk to you first.
Don Williams: Okay, either one of you can answer this question but if I am understanding you right sir, on the back portion near Mann Ditch the drawing with the slashing lines, that was the preexisting building is that correct?
Anthony Long: Where it says existing building on it, that was there and was blown over by the tornado and also the front part on your drawings, I believe, my drawings are a little bit different. Yours has hash marks around the existing building, mine were hash marks all the way out to include the proposed addition.
Carl Conner: I guess my question is, Tony, are you building an entirely new facility?
So you’re tearing down the old one all together?
Delores Frudenberg: No, we will use the front façade and build around it. We will have to adapt it to what we have left which is on the north.
Carl Conner: So, basically your question is whether or not you can go 20 feet beyond the existing footers towards Mann Ditch?
Anthony Long: Up
Don Williams: In other words, this area that’s got the 68-feet in it is not building, that’s just a distance marker
Anthony Long: No, those are just marks to show the length there, where the open areas….
Don Williams: So we’re not talking about this section?
Anthony Long: No, we’re not going any farther south, the area right in here would be, if we extend this and if there is a 75-foot easement here, of course we would be in it off of Mann and then off of Willow Pond both.
Don Williams: We’ve kind of…the things that were there before the storm, we have pretty well let those come back to the same place, have we not in the past with the house across from it.
Carl Conner: I guess, Tony I don’t have any, course your not asking for any additional back here on the back side, over here on the east side, now refresh my memory, your asking for how much additional?
Anthony Long: To construct that proposed addition which is 20 feet along the entire east side of our building.
Carl Conner: So then that would give us basically 60 and 36 is that right?
Anthony Long: That is by the architects measurements.
Mrs. Frudenberg stated that Mr. Howard from Complete Design was the architect.
Mr. Conner made a joke about architects.
Carl Conner: Jim, do you have a problem with this?
Jim Niemeyer: No
Don Williams: That 36-foot is going to be enough for us?
Jim Niemeyer: Yes, we were already back there after the storm and cleaned that whole ditch out.
Don Williams: We won’t have to worry about it in our lifetime.
Carl Conner: We’ll have enough room in there?
Jim Niemeyer: Yes
Carl Conner: First I would like to make a comment. (he apologized for the joke he made and stated that it was inappropriate)
Don Williams: Are there any other questions from the Board? The back part certainly will be grandfathered under what we done in the past, so what is the will of the Board?
Carl Conner: I would move that we approve the request and the reduction of the 75-foot to the 60-foot, I think they are showing 60-foot and 36-foot at the front end on the legal drain. Seconded by Phil Baxter, motion carries 3-0.
Mr. Long gave Mr. Niemeyer, Surveyor one of the drawings of the proposed restoration of the restaurant.
Sean Owen: That would be Mr. Tubbs but he doesn’t seem to be here. I spoke with him at the last plat review meeting and he wanted on the agenda.
Don Williams: Since there is nobody here to represent this, does anyone want to make a motion on this one.
Phil Baxter: I move that we take Willow Pond off the agenda. Seconded by Don Williams. Motion carries 3-0.
Don Williams: Mr.
Dwayne Bivona request for fence in drainage easement at
Jim Niemeyer: There is no representative here.
Don Williams: I would also move that Mr. Bivona be removed from the agenda until he reapplies. Seconded by Carl Conner. Motion carried 3-0.
Don Williams: Have you had an opportunity to look at the claims totaling in the amount of $16,255.36. I have one question on both items 1 & 2, are both those projects complete?
Jim Niemeyer: Yes, those are finished.
Don Williams: Completed, okay. If there are no questions, I will entertain a motion on the claims.
Carl Conner: I so move that we approve the claims in the amount of $16,255.36 for payment. Motion seconded by Phil Baxter, motion carried 3-0.
Don Williams: Is there any other business to come before this Board? Mr. Surveyor, do you have anything? Mr. Attorney, do you have anything? Mr. Conner? Mr. Baxter?
All answered they had nothing.
Don Williams: I have nothing either, I would entertain a motion.
Carl Conner: So moved that we adjourn.
Don Williams: Motion made that we adjourn, do I have a second? Phil Baxter seconded the motion.
There was a gentleman in the audience that wanted to talk to the Board
Jerry Humphreys: Yes, my name is Jerry Humphreys and I was a little late in getting here.
Don Williams told Mr. Humphreys to come to the podium and state his business.
Carl Conner: This was on Allen Ditch.
Don Williams: I have to ask our Attorney, we removed this from our agenda can we go ahead and entertain that?
David Zengler: I think you can put it back under Other Business.
Don Williams: Other Business, we would like to put Mr. Humphreys back on the agenda.
Carl Conner: I move that we put Jerry Humphreys and Allen Ditch back on the agenda under Other Business. Second by Phil Baxter, Motion carried 3-0.
Jerry Humphreys: It came to my attention just last Sunday that there was going to be work done on Allen Ditch and of course Monday and Tuesday, I got real busy trying to figure out what was going on. I live on 38 Williams Lane and I have no fee interest in the property adjoining that ditch and my only concern is what it’s going to do to the trees down near the river and I guess this is an opportunity for me to have a forum to talk about the situation that has developed in that area basically……
Don Williams: We are well aware of that and we are taking action on that, your talking about the erosion?
Jerry Humphreys: No,
sir. I know that the ditch has to be repaired and they have to do what they
have to do to get it done, I would just like for care to be taken and to leave
as many trees as they can for two reasons one is for the esthetic value of the
view blocking the residential from the industrial zone area there is absolutely
no screening there at all and the residents along Williams Lane is just
inundated with noise and dust and everything you can imagine and we have an
industrial area right next to a residential area. I was on a zoning board in
Don Williams: Thank you, when you re-bid this can you breech those two subjects with any….cause I think those are both valid requests.
Jim Niemeyer: We won’t….no that’s no problem, we won’t cut any trees unnecessarily, we will only take down those that are leaning badly or about ready to fall. We won’t remove any root balls at all and we will take any trees that have fallen, all the debris, we are going to take all of that out of there. My plans are to grind it and remove it and then we’ll go ahead and fill in the areas that have been eroded and will use broken concrete and number one rip rap, three thousand tons of each is the calculated volume of material or weight of material that we need to install. We are very careful about what we damage or I mean……
Jerry Humphreys: I know you would be, I just felt like if I brought it to your attention that you might be more concerned, but I think the erosion is an issue for sure and the esthetics is an issue.
Jim Niemeyer: Well, it’s unfortunate that it happened but it did and I have a set of plans here, construction plans that shows the amount and the depth of work that needs to be done.
Jerry Humphreys: Do you have any…….that ditch has been there for many years and what caused it to start going now, do we know what the root of the problem is?
Jim Niemeyer: I think one thing that occurred is that we had some tornados and we had some very heavy rains and the thing that we are experiencing throughout the County is a lot of new erosion due to the heavy rains. We’re getting like 6-8-9 inch rains and there’s also, I think we’re seeing the effects of development, there is a lot more area covered by impervious material so we’ve got a lot more runoff and like Mr. Williams said he appreciates the company that designed for the 100-year storm and we’re getting a lot of 50-year storm ranges and a lot between 50 and 100. So we may be at a point where we need to adjust the standards and rightfully so. We need to control runoff, that’s what our intent is.
Don Williams: Thank you for coming, we will consider your input and we do appreciate it. Anything else to come before the Board? Would anyone else like to address this Board? Do I have a motion to adjourn?
Carl Conner: Yes
Don Williams: So I have a second?
Phil Baxter: Second.
Motion carried 3-0. Meeting adjourned.