Monday, October 25, 2010

25 October 2010 Dearborn County Plan Commission Meeting Notes

25 October 2010 Dearborn County Plan Commission Meeting Notes

Present:, Dennis Kraus Jr., Acting Chairman, Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Ralph Thompson, Dan Lansing, and Ken Nelson

ABSENT: Mike Hall, Chairman and Jake Hoog

Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.


Primary Plat Approval for 19-lot subdivision called Havencrest on 11.53 Acres on Georgetown Road in Miller Township. Applicant is Bayer Becker for Owner Larry Rutenschroer. The property is zoned residential. This was previously presented on December 2009 and some more material from Sept 2010. This property backs up onto HVL on the back.

Two major issues were the water issue and the sidewalks waiver request. Regarding the issues, there are letters from VRUC, Greendale, and the Journal Press article from 2009, and Rosenberger, and Rutenschroer. Ogden from VRUC letters indicate that Greendale has final say on capacity thru VRUC. They think there is a 2” line from North Dearborn Water Company (Mr. Gaynor) on Georgetown. There is a question regarding the capacity of this line. There is also Tri-Township Water (Mr. Blasdel) in this area. there are no current water service letters.

There are 2 lots with slopes exceeding 20% on portions.
The applicant did not want to install sidewalks as there are none in the area to connect with ( HVL and Georgetown have none.)
Letters were sent out to adjoiners. Approximately a dozen public members were in the audience.
Mark Rosenberger presented for Mr. Rutenschroer. Lisa Sullivan, daughter of Larry Rutenschroer, read a statement from him. This letter stated that VRUC is the provider. Not Greendale. He said that Greendale cannot be considered the water provider. He said this simple correction of the PC’s mistake would avoid costly litigation. This area is included in the sewer availability, but not the water service per Rosenberger.

Rosenberger agreed with staff report on #8 and on #9 want the waiver for sidewalk as this is not really appropriate here. IDEM and other agencies besides Greendale and VRUC say that Greendale has final say on water. Lansing said it’s about capacity and Greendale is saving it for further development on US 50. North Dearborn is not sufficient capacity and Tri-Township is apparently too expensive.

Lisa Sullivan, Rutenschroer’s daughter (and attorney?), showed a color coded map on the August 2007 agreement area shows a green shaded area for their current (2007)water and sewer service from Greendale and the Rutenschroer property is in that area. It’s not like Greendale is opening up capacity for a large area by doing this.


Larry Monnig- 20 year resident of the county. He’s lived on Georgetown for a year. He thinks 1/3 acre lots are NOT rural. They moved there to get away from buildup on Stateline. Against the project.

Ron Noth- He said Rutenschroer told him that the trees behind him were dedicated greenspace. He’s there and the selling point was that no one could build a house behind his house. He thinks 19 more houses are too much.

Randy Anderson- owns 5 acres south of the subdivision proposed. He has a pond and lots 1-6 will runoff to it. He is concerned for his horses that use the pond. He’s against the project.

Galen Barga- bought property that was originally built by Rutenschroer. Many are disappointed with this. There is a 2-family home here- cheap home. Unfortunately a 16-year old girl died here of an overdose. He thinks the type of home will attract low-income. Many of these homes are on leach fields. It drains to this area. He thinks it is not the proper place for this.

End PUBLIC discussion.

Thompson- said he thinks Greendale’s approval is necessary as there is no possibility from the other 2 water companies. He asked McGill if there was any change in his advice on this. McGill said unless there is another letter- his opinion stands. Sidewalk waiver- not a big issues. None of the others had anything to add.

Thompson moved to deny the request due to lack of complying with the requirements to provide a letter of water service in the area and thus the application is incomplete. Lansing 2nded. All ayes to DENY.

Rosenberger asked about the VRUC letter that says they can provide. The board said- they said they can if Greendale agrees and Greendale says they cannot.


Proposed changes to the Subdivision Control Ordinance on Article 4 Financial Guarantees and Article 7 Certificates. This was in response to the commissioners proposed changes to this request. McCormack went over the proposed changes for the board. Staff did not have any objections to these changes. The PC can make a new recommendation to the commissioners. Nelson motioned and Beiersdorfer 2nded to accept the commissioners suggestions and forward it back with a favorable recommendation. All ayes. Passed to go back to Commissioners.


Performance Guarantee report- Maxwell is updating his performance guarantees on Morgan’s Ridge and Hidden Acres. Still working on Tucker’s subdivisions.

Updates for the Dearborn County Zone Maps- hoping to get some preliminary feedback on this color coded map. Found mistakes on the Mylar map and some annexations to update. Zoning corrections are shown on this color coded map. They will also do some insets for Guilford and other areas that are small. He’s hoping to digitize this so that people can print off the section questioned whenever someone asks. Feedback requested on whether you want 8 panel maps like we have or a single digitized map like this. Colors are better than the hatching used in the current panels. OKI wanted an accurate update of ours also. Next year with GIS getting up- citizens can zoom in and get detailed versions for themselves. This is NOT changing anyone’s zoning- just updating the maps to reflect the zone changes that were made. Commissioners will then get it to approve this corrected new version.

Printer faxer scanner is 7 years old and after the 5th year it’s a 10% increase every year. That adds about $40 per month. PC approved McCormack to go to Council to LEASE a copier to level out their monthly payments with favorable terms and save money. Highway and GIS are sharing this machine!

Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township

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