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HomeMy WebLinkAbout03-18-91 Public Works (knmmittrr trJnrt PUBLIC WORKS COMMITTEE illy file fdnnunan fllounctl of tip fad of*until Nrnd: The March 18, 1991 meeting of the Public Works Committee was called to order by its Chairperson, Council Member Tom Zakrzewski at 3 :35 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Zakrzewski, Duda, Soderberg, Puzzello, Ladewski, Coleman, Luecke, Slavinskas, Niezgodski; John McNamara, Vicky Black, members of the news media, residents of the Bowman Creek area, and Kathleen Cekanski-Farrand. Council Member Zakrzewski noted that the purpose of the meeting was to receive an update from the County Surveyor, Mr. John McNamara, with regard to the Bowman Creek situation. Mr. McNamara thanked the Committee for the opportunity to receive an update. He noted that the Council and the St. Joseph County Drainage Board were fortunate to have the same attorney representing both bodies, therefore communication on the topic of Bowman Creek has been ongoing. Mr. McNamara noted that there are 2 ditches which connect to form Bowman Creek. He noted that the Auten and Phillips ditch, which are under the jurisdiction of the Drainage Board, join at approximately the location by the LTV Plant. He stated that after the 2 ditches join, that the St. Joseph County Drainage Board has no jurisdiction and it becomes a natural stream. He noted that the Drainage Board has the authority to construct or reconstruct and to maintain proper legal ditches and to have assessments made after proper public hearing. He noted that since the Bowman Creek is not a part of the regulated drain system, that it is not under the jurisdiction of the Drainage Board. He noted that the Phillips was studied in the late 1970's by Lawson Fisher, and that several retention basins were proposed. These retention basins were not built due to the cost of building and the cost of land acquisition. One parcel involved was projected at that time to cost between $350,000. 00 to $400, 000. 00. He further noted that in 1981 or 1982, a task force was put together composed of John Leszczynski, Jan Ludwig, Bob Richardson, Don Germann, and himself, to look at retention basins along the Auten ditch. He also noted that the recommendations of the task force were then reviewed by the Public Works Committee March 18, 1991 Page 2 City and County Engineers. Approximately 1 month ago, a meeting was held with the Mayor, the City Engineer, and himself. It was suggested that the City concentrate on the Auten ditch, and that Mr. McNamara would look at the Phillips Ditch. Lawson Fisher was hired to make a study and recommendation. Mr. McNamara noted that he had sent a letter dated February 27, 1991, regarding a cumulative drainage fund as a possible alternative. He noted that the City would also have the right to set up such a fund. He noted that the Drainage Board is currently looking at the Phillips Ditch, which contributes approximately one-half of the water. He noted that the County adopted drainage standards, which were last updated in 1988. He noted that the south side subdivisions are not a part of the problem, and that the newest development, namely, Whispering Hills, is being constructed under the new standards. He also noted that the Jewel Wood subdivision was built before the standards were in place. Mr. McNamara noted that the Drainage Board has no monies except those received from legal assessments. He stated if an assessment process was used to address the Bowman Creek situation within the City, that the cost may be anywhere from $1, 000.00 to $2, 000.00 per household in the effected area. He further noted that he has talked with the Bowman Creek residents, and that they have brought their concerns to the St. Joseph County Drainage Board. He stated that there needs to be cooperation between the two governmental agencies, however the solution to the problem may be costly. He stated that he would be contact with Mr. Don Germann with regard to an update on FEMA and SEMA Funds. Council President Don Niezgodski stated that he has talked with Mr. Germann, and plans to meet with him again with regard to gathering further information. It was noted that a similar problem arose along the Juduay Creek. Under the Small Watershed Act, a petition was made to the Army Corp of Engineers. It took the Corp approximately five years to study the situation, with the County's share of the design to be approximately $130, 000.00. The design took three years, and the Army Corp of Engineers took over one year to approve their own plans. Mr. McNamara advised the Drainage Board to hire a local consultant, and use DNR funds of approximately $26,000. 00. He noted that the Army Corp of Engineers may be a possible alternative, however a six to seven year time frame would be involved. He stated that he Public Works Committee March 18, 1991 Page 3 believes that there must be a quicker solution to this problem. He also noted that the Department of Natural Resources may have some monies available, and that he has spoken with Mr. Caldwell, as well as Don Germann, about such possibilities. Council Member Duda noted that there was a Presidential Declaration approved, which would require up front funding from the City, with matching funds from the Federal Government. The monies would be used to purchase homes for relocation. Apparently, new homes could be purchased for a thirty year period with a 4% interest rate attached. In this way, a possible green belt area could be developed over an 18 month period. Mr. McNamara noted that the problem could easily cost over $1,000, 000. 00 in order to address a proper solution. In response to a question raised by Council Member Puzzello, it was noted that after a public hearing, each legal ditch has its own maintenance fund established. Such funds cannot be used for construction. Council Member Soderberg questioned whether anything had happened in the last two to three year period to cause the problems. Mr. McNamara noted that no developments have specifically caused the problem. He further noted that since November of last year, that most farmers have never seen the flooding situation as bad as this in the past twenty-five years. Residents of the Bowman Creek area noted that they had six floodings in 1990. Council Member Slavinskas questioned why the Bowman Creek was not under the jurisdiction of the Drainage Board. Mr. McNamara noted that before the Drainage Statute was in effect, namely, prior to 1966, that all petitions were through the court system. Mr. McNamara further noted that Clyde Creek in the Twyckenham Hills area is also not a legal regulated drain. Council Member Luecke questioned whether a petition could be filed with the Drainage Board to have the Bowman Creek under the Drainage Board's jurisdiction. Mr. McNamara said that this could be done, and that a public hearing could then take place. He noted however, that this would just be for maintenance items. He further noted that there are Public Works Committee March 18, 1991 Page 4 approximately 9, 000 acres in the two watersheds. Agricultural areas are being assessed at approximately $10. 00 per acre currently. Council Member Slavinskas noted that the City established a Storm Water Management Committee several years ago. He stated that perhaps a city wide or county wide assessment should be investigated. Following further comments and questions, Council Member Zakrzewski thanked County Surveyor John McNamara for his input on the Bowman Creek situation. There being no further business to come before the Committee, the meeting was adjourned at 4:08 p.m. Respectfully submitted, Council Member Tom Zakrzewski, Chairperson Public Works Committee