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11-27-06 Council Meeting Minutes
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11-27-06 Council Meeting Minutes
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City Council - City Clerk
City Counci - Date
11/27/2006
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REGULAR MEETINGNOVEMBER 27, 2006 <br />that the remonstrators, how many you might have, have a total of 30 minutes for this. So <br />again, to Mr. Weber, if there is anything additional that you would want to state, you <br />have that opportunity to do so. She noted that President Rouse stated that the Council <br />made the commitment to the remonstrators. Council Attorney Kathleen Cekanski- <br />Farrand reiterated that the time is running, it is now 8:15 p.m., and that the remonstrators <br />will have until 8:37 p.m., she asked that the Clock start back up. <br />Mr. Weber stated that he just has one more item, and then he will turn it over to Mr. <br />Wertenberger. Mr. Weber indicated that Mr. Troyer stated that they wanted to pay city <br />taxes on that land. Mr. Weber stated that he has one question that has been bothering him <br />for quite awhile. How can the city put in a lift station? Who paid for the City to put that <br />lift station in there? It is maintained by the City, it is on County property and what kind <br />of taxes are being paid on that. <br />Council Attorney Kathleen Cekanski-Farrand stated that all questions will be in answered <br />during the rebuttal period. <br />Mr. Michael Wertenberger, 61480 Miami Road, South Bend, Indiana, spoke in <br />opposition to this bill. <br />Mr. Wertenberger advised that they are not against the 55 acres being annexed, they are <br />against the rezoning. There are three issues: 1. Rezoning 2. Traffic, where the <br />development is coming out of. 3. The flooding. The annexation is fine, they know that it <br />is going to happen sooner or later, so they are not objecting to that.It is the size of the <br />lots that they want to put 400 square feet for one lot, that is just too small, you are <br />downsizing everything from what you have above, two-family dwellings, two units 6,000 <br />square feet. Lots larger than 6,000 square may contain more than one dwelling. They <br />would like to stay with SF-1 Single Family Dwellings and forget the PUD. The lots <br />th <br />would be 1/10 of an acre and they are going to put these homes on lots of that small <br />size. The neighbors are just asking for a fair shake in this deal, where are the <br />architectural standards in this development. The Area Plan Commission states that <br />rezonings should not have a negative impact on land values, public health or safety. That <br />is what the neighbors are looking for, the petitioner has not made a convincing argument <br />on this project. Traffic speed at the corner of Kern Road and Miami Road is 40 miles per <br />hour; this is a school bus route also. In the opposite direction, going south on Miami, <br />once you cross Roosevelt Road, the speed limit becomes 55 miles per hour. These <br />people do not slow down to the 40 miles per hour once they cross that intersection when <br />they are coming north, because he witnesses this everyday, because he lives on Miami <br />Road. There is a hill or pitch on Miami Road where the entrance/exit for this <br />development is going to be. People will be trying to pull out of the development with <br />their sight being hindered by the hill and traffic coming at them at 55 + miles per hour. <br />Mr. Wertenberger stated that he would like to see a continuation of Orchard Heights <br />Road across Miami and put the entrance there. Mr. Wertenberger stated that he asked <br />Mr. Troyer to do this and he responded that they do not own the property. Mr. <br />Wertenberger stated that Mr. Troyer sold the property to Greencroft and there is no <br />reason that they cannot buy that strip of land back to put the road in on that side. This <br />would allow for a four-way stop if needed to slow the traffic down. Mr. Wertenberger <br />questioned the three-pipe outlet in a retention/detention pond, he stated why would you <br />put three pipes in that location? The developer knew that it would overflow. There are <br />times when the water flows up over Miami Road. Cars coming either north or south on <br />Miami Road hydroplane and land in people’s front yards. There is a 54 inch tile that is <br />coming from Southfield North that was opened up and it is draining all the rain water <br />from the north that is running off from the north into this 54 inch tile and draining down <br />into this retention pond. They proposed to build more homes and shove that drain water <br />into the retention pond. There is a problem now and they are going to continue to dump <br />more water in there without resolving it. For six years they have tried to get this problem <br />resolved. Mr. Wertenberger stated that Mr. Troyer mentioned this afternoon that he felt <br />hostage, the property owners have been hostage for six years themselves. The flooding is <br />a problem, now we have their attention. Just fix the flooding problem, before they do <br />anything else. This idea of studying and surveying it doesn’t cut it, because they have <br />been studying it for six years. Time has come to deal with it. <br />17 <br /> <br />
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