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03-14-05 Council Meeting Minutes
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03-14-05 Council Meeting Minutes
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City Council - City Clerk
City Counci - Date
3/14/2005
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REGULAR MEETINGFEBRUARY 28, 2005 <br />Ms. Bely advised that she is very concerned about this confirming tax abatement for <br />Place Builders, Crystals Builders for the Hidden Creek Subdivision. Ms. Bely stated that <br />this Council did not have all the information given to it by the builders for the vote on the <br />designating tax abatement. There are permits that need to be secured by the builders <br />because of this wetland area and they have not done so thus far. The land has a large area <br />of wetlands and even more land that is underwater during heavy. She urged the Council <br />to be open to this new information. All the information so far given to the City agencies <br />is from companies that have been paid for by the builders, Lang Feeney & Assoc. for the <br />survey work and New and Associates for the Wet Land Delineation study. Ms. Bely <br />stated that she spoke with Gary Gilot from the City Engineer’s Office, and he stated that <br />the Area Plan Commission approves subdivisions first and then this comes to his <br />department. He stated that the approval for the wetland portion comes from IDEM and <br />the Core of Army Engineers. All the City staff that I have spoken with from the Area <br />Plan Commission to the Engineers have stated they had believed this approval was <br />obtained, however it was not. Steve Sprecher came out today with an associate from the <br />Core to inspect this 30 acres and states the builders plans will need to be modified and <br />there had been no prior approval as required. Neither has IDEM been contacted, except <br />by those of us in the neighborhood. Liz Elverson from IDEM is head of clean water <br />development, section 401 of the clean water act and states that if there is building in a wet <br />land area those homeowners affected should receive information on how their properties <br />would be affected. We in the Jewel Woods Dixie Garden are have not received this <br />information and yet if the wooded area is built up it will most likely cause decreased <br />water flow from our area. Right now this woods is the primary water shed area for this <br />section of Centre Township, in which the Philips ditch winds through and then meanders <br />throughout this woods and goes along the By Pass and then out along the muck farms. <br />We need an impact study done prior to any further approvals given for this project. A <br />member of the drainage board stated that if this project has met the City requirements it <br />doesn’t matter if it causes basements to be flooded. But this project hasn’t met the State <br />and Federal requirements. Does this put the City in a liable situation? Ms. Bely <br />cautioned the council and urged them to be mindful of what a project of this size will do <br />to the City’s wastewater treatment plant and its ability to handle storm water from our <br />area, as water will continue to flow into this area and into the city sewage system, <br />apparently, storm sewers were not installed. There will be an enormous amount of water <br />because Centre Township is known for drainage problems and there is often standing <br />water throughout these woods in the early spring, which is visible from the By-Pass. <br />How will the taxpayers in South Bend feel when they hear that the treatment plant <br />continues to pollute the St. Joe River with contaminated storm water and that water from <br />the Kankakee rive basin is diverted into the St. Joe via the treatment plant. If South Bend <br />continues to annex Centre Township then in reality a new Treatment Plant Should be <br />built in the Kankakee River basin so out water continues to the Mississippi. To pump all <br />our water uphill to the St. Joe will be fairly expensive. Is this the true problem that exists <br />in Crest Manor, Kensington Farms, and Copperfield subdivisions in Centre Township? <br />They are also south of the North/South Continental Divide. <br />Gary Gilot, Public Works Director, 1300 County-City Building, South Bend, Indiana, <br />explained the hydrology of the area. U.S. Fish and Wildlife Service Hydrology states <br />that there are wetlands on the subject parcel. The parcel is about 30 acres, Jackson Road <br />extended to the west to the railroad tracks, and half way up to the U.S. 20 By-Pass. The <br />parcel does not include a substantial amount of land that is retained by American Electric <br />Power associated with their substation. The shape of the wetland in the northwest corner, <br />that wetland area is preserved and there are easements for storm water retention where <br />the run off from the streets in this area will actually add water to the wetland area. There <br />is a cross easement between this 30 acre parcel and AEP to the North, since both have <br />water that sheds to this wetland area. To correct the information that has been heard <br />earlier there is no proposal to build combined sewers in this area, the City has not built <br />any new combined sewers in over 30 years. So the storm water in this area will stay and <br />be retained on the site will either percolate or evaporate or make its way to the legal <br />drain, but it will not go to a combined sewer. <br />Councilmember Varner asked Mr. Feeney and Mr. Gilot if he was comfortable with the <br />permits that are required for working on wetlands. <br />18 <br /> <br />
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