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HomeMy WebLinkAbout01-07-2013Office of the Clerk - Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, JANUARY 7, 2013 - 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. December 17, 2012 Regular Meeting b. December 21, 2012 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS 7 ACTION ON MAYORAL VETOES 8. CLAIMS a. Payroll b. General Claims c. Retirement d. Wire Transfers, December, 2012 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee e. Report from the Council Appointee to the Redevelopment Commission ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414 1 10. OLD BUSINESS a. Second Reading of Ordinance D- 2118 -12; An Ordinance of the Common Council of the City of Carmel, Indiana AMENDING ORDINANCE D- 2104 -12 (Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2013); Sponsor(s): Councilor(s) Sharp and Rider. Sent to the Finance, Administration and Rules Committee. b. Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. c. Resolution CC- 12- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with Carmel Professional Firefighters Association (Local #4444); Sponsor(s): Councilor(s) Rider and Finkam. Sent to the Utilities, Transportation and Public Safety Committee. d. Resolution CC- 12- 17- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with the Carmel Fraternal Order of Police Lodge #185; Sponsor(s): Councilor(s) Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. 1 1. PUBLIC HEARINGS a. Second Reading of Ordinance D- 2117 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving an Additional Appropriation for the Barrett Law Construction Fund ($161,000 for the Hunters Creek Barrett Law Street Lighting Project); Sponsor: Councilor Seidensticker. Sent to the Utilities, Transportation and Public Safety Committee. b. First Reading of Ordinance Z- 570 -13; An Ordinance of the Common Council of the City of Carmel, Indiana, Changing the Zoning Classification of 4.59 Acres +/- of Land Located on the Southeast Corner of 146th Street and Gray Road from the S- 1/Residence District classification to the B -1 /Business District Classification (Ricker's of Carmel /Fuel, Gas Station, Convenience Store); Sponsor(s): Councilor(s) Finkam and Rider. 12. NEW BUSINESS a. Resolution CC- O1- 07- 13 -01; A Resolution of the City of Cal irlel, Indiana, Approving and Adopting Interlocal Agreement between the Hamilton County Drainage Board and the City of Carmel Regarding Construction of Drainage Improvements within and Serving Bridlebourne Subdivision; Sponsor: Councilor Schleif. 13. OTHER BUSINESS City Council Appointments: Carmel Fire Department Merit Board (Term expires 1/1/15, two year term); One appointment. 2 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 01/07.'13 CC Meeting Agenda 3 1 COMMON COUNCIL MEETING MINUTES MONDAY, JANUARY 7, 2013 - 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, W. Eric Seidensticker, Carol Schleif, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk - Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Councilor Sue Finkam was not in attendance. Mayor Brainard called the meeting to order at 6:02 p.m. Carmel Police Chaplain, George Davis, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the December 17, 2012 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 5 -0 (Councilor Rider abstained). Councilor Seidensticker made a motion to approve minutes from the December 21, 2012 Special Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 5 -0 (Council President Sharp abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor Carter addressed the Council regarding a Citizen Resource System and referred to Mike Hollibaugh to address the Council. Councilor Rider thanked the Carmel Street Department for their response to the recent snow storm. 1 Council President Sharp addressed Assistant City Attorney, Ashley Ulbricht, regarding an Executive Session Notice prepared by the law department. Council President Sharp also informed the Council that a Special Meeting would be noticed for Tuesday, January 22, 2013. There was brief Council discussion. Council President Sharp asked that the Council contact the Clerk- Treasurer's office with an availability date the week of January 21, 2013 to hold a Special Meeting. The second meeting in January will be cancelled. City Hall will be closed in observance of Martin Luther King Day. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Snyder made a motion to approve claims in the amount of $779,679.37. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 6 -0. Wire Transfer, December, 2012: Councilor Seidensticker made a motion to acknowledge wire transfers in the amount of $16,695,610.49. Councilor Schleif seconded. There was brief Council discussion. Councilor Snyder referred to Clerk - Treasurer Diana L. Cordray to address the Council regarding the $9,360,243.39 TIF Funds to CRC Street Department Bond. Council President Sharp called for the vote. Wire Transfers were acknowledged 6 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Thursday, January 17, 2013 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on Tuesday, January 22, 2013 at 5:30 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Council President Sharp reported that the Utilities, Transportation and Public Safety Committee had not met. The next meeting will be held on Monday, January 14, 2013 at 6:00 p.m. Report from the Council Appointee to the Redevelopment Commission. Council President Sharp informed the Council that Mr. Bowers was not able to attend this meeting. The report will be given at the next Council meeting. OLD BUSINESS Council President Sharp announced the Second Reading of Ordinance D- 2118 -12; An Ordinance of the Common Council of the City of Carmel, Indiana AMENDING ORDINANCE D- 2104 -12 (Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2013); Sponsor(s): Councilor(s) Sharp and Rider. Sent to the Finance, Administration and Rules Committee (1/17/13). This item was not discussed. 2 Council President Sharp announced Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Council President Sharp announced Resolution CC- 12- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with Carmel Professional Firefighters Association (Local #4444); Sponsor(s): Councilor(s) Rider and Finkam. Sent to the Utilities, Transportation and Public Safety Committee (1/14/13). This item was not discussed. Council President Sharp announced Resolution CC- 12- 17- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Contract with the Carmel Fraternal Order of Police Lodge #185; Sponsor(s): Councilor(s) Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee (1/14/13). This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the Second Reading of Ordinance D- 2117 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving an Additional Appropriation for the Barrett Law Construction Fund ($161,000 for the Hunters Creek Barrett Law Street Lighting Project); Sponsor: Councilor Seidensticker. Sent to the Utilities, Transportation and Public Safety Committee (1/14/13). This item was not discussed. Council President Sharp announced the First Reading of Ordinance Z- 570 -13; An Ordinance of the Common Council of the City of Carmel, Indiana, Changing the Zoning Classification of 4.59 Acres +/- of Land Located on the Southeast Corner of 146th Street and Gray Road from the S -1 /Residence District classification to the B -1 /Business District Classification (Ricker 's of Carmel /Fuel, Gas Station, Convenience Store). Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Councilor Rider referred to Joseph Scimia, Attorney, Faegre Baker Daniels, representing the petitioner, to present this item to the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 6:56 p.m. The following individuals addressed the Council opposed to this item: Cesare Turrin (made a presentation to the Council — Attachment 1) Steve Steiner (made a presentation to the Council — Attachment 2) Also, Steve Dauby; Eric Wespestad; Steve Turner; Tom Kallio; Alexander Prill; and Robert Peterson; Frank Sanson; Rafik Bishara; Robert Konrad; Paul Schneider; and Dawn Crouse; Jamie Spahn; Kenny Knipp; Harold Smith; Erich Borden; and Tom Calhoun; Larry Worley and Melisa Keiser The following individual addressed the Council in favor of this item: Dan Mauwen Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 7:59 p.m. There was no Council discussion. Council President Sharp referred Ordinance Z- 570 -13 to the Land Use, Annexation and Economic Development Committee for further review and consideration. 3 1 NEW BUSINESS Council President Sharp announced Resolution CC- O1- 07- 13 -01; A Resolution of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement between the Hamilton County Drainage Board and the City of Carmel Regarding Construction of Drainage Improvements within and Serving Bridlebourne Subdivision. Councilor Seidensticker made a motion to move this item into business. Councilor Rider seconded. Councilor Schleif presented this item to the Council. Council President Sharp addressed the Council and referred Resolution CC- 01- 07 -13 -01 to the Utilities, Transportation and Public Safety Committee for further review and consideration. OTHER BUSINESS City Council Appointments: Carmel Fire Department Merit Board (Terns expires 1/1/15, two year term); One appointment. This item will be hold over to the next Council meeting. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Council President Sharp adjourned the meeting at 8:03 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 01/07113 CC Meeting Minutcs 4 Clerk- Treasurer Diana L. CorEliray, IAMC Approved, /tom (es Brainard, Mayor CARMEL REDEVELOPMENT COMMISSION January 7, 2013 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 12/28/12) CRC Meetings • Upcoming Meeting: o Wednesday, January 16, 2013 at 6:30 p.m. — Regular Meeting Financial Matters: • The end of month November Non Operating and Operating balance is $170,55.5 • The end of month December CRC Non Operating and Operating balance is $4,036,702 (this is an estimated end of month balance. The actual balance will be included in the February report). • The bond refunding closed on December 27, 2012. CRC Public/Private Partnerships: 1. City Center (Parcel #2) a. Pedcor Development is preparing design concepts for a project that will be located on the west side of 3"d Ave, directly across from the Anderson /Birkla project. The project will be a multi- family concept, referred to as the "Kent" building. The architectural concepts will be submitted to the City and the CRC in early 2013. • City Center — CRC/Pedcor LLC (Parcel #5) a. Signature has reviewed the bid packages for building D and will proceed to publicly advertise the garage for bidding. Site planning and coordination of utilities are being coordinated by American StructurePoint and the City Engineer based on future building to complete City Center. Moving forward the project has been approved by City Council. American StructurePoint is revising the site plan to move the building east about 18 -24 feet. This will allow an additional row of parking on the west side of the building. The diagonal parking on the east side will be removed, leaving street parallel parking. Utilities will need to be moved and updated if the building is moved 20 feet east of its original design location. This will place the building directly on the street with parallel parking along the east front (as opposed to parallel parking and a separate drive to diagonal parking. This is similar to Pedcor's Phase I project along City Center Drive). The garage will be publically advertised and bid in January 2013. b. Parcel #5 stair project #2 — Precast arrived on site November 28, 2012 and erection began. The precast will be fully erected in 2 -3 working days (via crane). The electrician and mason have 4 -5 days to complete their work. The awning, caulking and handrails will follow shortly after. The stair project should be complete by the end of January, 2013. 1 c. Both sides of the stairs have been poured. The limestone block, that will serve as the retaining wall and terrace landscape feature, has arrived on site and will be set in place, weather permitting, by the end of January. 3. The Palladium (Parcel #7 -A) a. The landscape drawings for the Palladium Landscape bid package have been revised by the Construction Manager to reflect scope changes. Direction from the CRC and the City Council will determine the path forward. We will be shipping the limestone to Cannel for storage indoors until the landscape package is released. The limestone is being stored at the warehouse located at 457 31.d Avenue SW, a building owned by the CRC. 4. Parcel #7 -C a. The CRC authorized the Project Agreement and related documents with regard to the conveyance and development of the Mezz on the Monon and The Mezz on Third with Anderson Birkla. We are finalizing all of the documents and are working towards a closing by January. b. CRC staff is working with the City Engineer on the storm water revision running east and west along the south property line. Utilities will be updated and buried underground at the same time. 5. Arts District Lofts & Shoppes — CRC /Keystone Development (Parcel #47) a. Work on the first phase of the west side of the Monon Trail between Main Street and 1st St NW is complete. The second phase has been bid out and two bids were received. The low bid was $85,000. The Cannel Clay Parks Department will contribute $50,000 towards the project. CRC staff met with Mark Westenneier of the Parks Department to determine if he could fund the balance of the job and he informed us that he did not have the capability at this time. Currently the work is on hold until the CRC identifies where the balance of the costs are to be funded. b. The CRC staff is working with the Plan Review Panel sub - committee to come up with a final design of the courtyard, based on Rundell & Ernstberger's design concepts. Keystone Construction, developer of the project, has been involved in the process. A meeting with the Mayor, the CRC and the Developer was held on 12/19/12 to come to closure on the design and budget. c. Bike Parking is being reviewed and discussed by the CRC Staff, Department of Community Services and the Sophia Square developer. David LittleJohn and the Department of Community Services worked in conjunction with the CRC to put together a plan. The developer has reviewed and commented on the plan and now Mr. LittleJohn, the CRC and the Mayor will need to provide their input as to how to move forward. 2 d. Keystone Construction has requested loading dock modifications with time frames for move in /out of apartments as well as pickup and delivery of food, trash, materials, etc. To define the area will require the removal of two on street, parallel parking spaces. The CRC staff has directed Keystone to take this request to the City of Carmel's Board of Public Works, as this is public right of way. City Legal and Engineering are working to finalize an ordinance package that will come before the City Council for their review and input. There is no specific timeline at this point. e. The City and Developer are working on a Parking Management Agreement that will outline the sharing of costs. An interim agreement for 2012 has been signed and invoices prepared for the City of Cannel share of garage operating expenses. 6. PNC Bank Site (Parcel #51) a. The Mayor has met with PNC's President for Indiana to discuss the bank's long range plans for their Main Street property. PNC has yet to answer the Carmel City Legal staff on the known site contamination issues on the south side of the property. 7. Miscellaneous Projects a. The Grain Tower — All debris and rubble from the Grain Tower has been removed. At this time, August Mack is testing soil, water and air samples to determine if further abatement needs to occur. At the same time we are working through a work plan to collect and remove all of the water on site and the balance of the "smaller' debris that is on site. Casey Bertram has fulfilled their contract and have pulled off of the site. 3 Rezoning of 146t" Stand Gray Road Parcel Proposed Development of a Fueling Station and Convenience Store Ordinance Z- 570 -13 Woodfield Homeowners Association Remonstrance Carmel City Council Meeting January 7, 2013 Presented by Cesare Turrin 1 TrR CHin5nir l 4remEc_ e2-Ty COuNCi / /?lI3 1 025 paSee Introduction • Site Located on Southeast corner of intersection of 146th St and Gray Road • Site is currently zoned S -1 Residential • Petitioner requesting rezoning to 8-1 Business • Petitioner will locate high volume fueling station and convenience store on site °Fueling Station /Convenience Store will likely have negative impact: • Surrounding Environment • Traffic safety • Adjacent Homeowner Property Values • Alternative land uses exist that are Tess commercially intensive and would have a neutral impact on environment, traffic safety and neighbors • The Woodfield HOA and Woodfield property owners adjacent to the site do not support the rezoning for the purpose of developing a Fueling Station /Convenience Store Woodfield Homeowners Association Site to be Rezoned and Surrounding Neighbors Woodfield Sub - Division Woodfield Homeowners Association 3 Proposed Development & Surrounding Neighbors CURS Of CAP t L. ko:!2ZI NOVEMBER 202' Woodfield Homeowners Association Woodfield Neighbors 4 Environmental Issues • Engineering firm hired to evaluate site to determine if fueling station could be safely constructed and operated • Firm recognized that small fuel spills occur during refueling and that larger spills are possible while refilling underground storage tanks • Other pollutants are also spilled /discarded on -site such as © Motor oil and other automotive fluids • Soft drinks and other foods © Consumed cigarettes and cigars • Trash • Firm proposed a 8,000+ gallon retention pond to capture fuel spills and runoff Woodfield Homeowners Association Environmental Issues (con -t) •Contents of retention pond will be filtered and drained into the Mitchner Ditch - a Wellhead Protection Area • The engineering firm provided no assurance that releases of contaminated runoff into the Mitchner Ditch would be prevented by the containment system °During hard rains, waters draining into floodplain and flowing into Ditch often flood properties of adjacent homeowners • Potentially contaminated water from retention pond may flow into residential properties • Potentially contaminated water from Ditch may pass through 8 residential subdivisions, 2 commercial developments, a golf course and City property Woodfield Homeowners Association 6 Path of Mitchner Ditch HCIRe.juleteitDraid'Mad4df Of; --,-s.-S,-.4,..ugarAM:eiWiSPeWl He Edit View Document Jools Window Held find D 84N pig M16111 a w ril 7E w000 "T S7 E114ET71 ST U.G. MITCHNER-'bRN FREEYQT 51DALL'GR N 10i SHUN Ditch BRITTOt INDUSTR E 1.3;T Gray Rd U.Gr•1111CHNER; WKWS Ditch passes through subdivisions of: Morgan's Creek, Woodfield, Valley Brook, Woodbrook Downs, Trails at Avian Glen, Emerald Crest, Plum Creek North, Northwood Hills, Northern Woods Beach Woodfield Homeowners Association HITCHER EDM-N.sT E 116.11 Ditch passes through commercial • developments: Hazel Dell Corner, The Mansion, Plum Creek Golf Course Traffic Safety • Traffic engineering firm hired "to determine what effect traffic generated by the proposed development will have on the adjacent roadway system" • Firm did not evaluate safety of intersection relative to traffic entering /exiting from site. • Study made no mention of traffic safety issues • Following slides point to serious traffic safety concerns Woodfield Homeowners Association Source of Traffic Data Engineering Study s' .... ®� 4 N. A Data % I Used in 1 Study B 0 44.,....„.00 s Woodfield Homeowners Association LEGEND XX = A.M. PEAK HOUR FIGURE 5A (XX) P,u. PEAK HOUR • = NEGUGIBLE raw_ GENERATED TI1Arr /G vacunfES FOR PROPOSED DEVEL_OP EVT- (W1T /L RIZI (L()N 1_4_6111 STREET) Traffic Volume ?Traffic Volumes from iA &F Engineering Study- June 2012 'Traffic Direction East and West-146th St ;North and South -Gray Rd Total Through Intersection Peak Hour AM'• 6:30 -7:30 Peak Hour PM 5:00 -6:00 From Study 2,403 i f 2,956 # 990 Hi Vol = Intersecton 'Estimated Visits Generated Vehicles Passing By 'Entries into site Exits from Site From Study 3.2% 102 3.4% - -- 134 'Visits Accident Opportunites • 3946 vehicles thru intersection at Peak PM hour • 134 visits to fueling station /convenience store • 268 vehicle entries and exits from site — Accident Opportunities Woodfield Homeowners Association 10 Impaired Line of Sight - Southbound Gray Rd at 146th St. Impaired Line of Sight - Northbound Gray Rd at 146th St. Woodfield Homeowners Association Traffic Acci .ent pportunities Gray Rd Impact 146th St. Impact Traffic Volumes from 3 -i A &F Engineering Study_- June 2012 Ta Peak Hour AM' i I Estmated Trafic Flow for Site Left from Site on to Gray Rd tRight from Site on to Gray Rd a,i ILeft into Site from Gray Rd ?Right into Site from Gray Rd La I 6:30 -7:30 Left from Site on to 146th St Right from Site on to 146th St Peak Hour PM 5:00 -6:00 Left into Site from 146th St ' i Right into Site from 146th St !Total Dangerous Traffic Flow Total Impact Percent Entrances /Exits 3 53 CIO 51 30 137 184 67.2% 68.r% Line of Sight 77 Dangerous Traffic Flow tLine of Sight 107 Exit /Entr. to /from High Speed Traffic o Line of site northbound & southbound on Gray Rd is impaired when traveling across 146th St. • Entries /exits from site from /to southbound Gray Rd — extremely dangerous 0,77 occurrences during PM Peak Hr. • 107 entries /exits from 146th St o 184 potentially dangerous traffic flows during PM Peak Hour Woodfield Homeowners Association 12 Traffic Safety (con's) conclusion • 146th and Gray Road intersection supports extremely high traffic volumes • Traffic study data points to hundreds of daily traffic movements that are potentially dangerous. •For example, during PM peak hour — 5pm -6pm • 77 site entries from and exits on to southbound Gray Rd • 107 entries from and exits on to 146th St • Total of 184 potentially dangerous traffic movements during PM Peak Hour • Hamilton County Sheriff reported that there were 8 accidents at this intersection during 201142 - 3 of which involved property damage and injuries OA less traffic intensive use should be considere =•' for this site. Woodfield Homeowners Association 13 Land Use • Fueling station and Convenience store will ne • atively imp t ct surrounding residences • Existing residences in place 20+ years — Fueling station does not enh 4• nce surrounding rroperties • Buyers of $500k homes not likely purchase next to fueling stations /convenience stores • Planned 24/7 o eration is si nificant neg }:•{ tive • ctor • Uncertain nature of fueling station /convenience store customers not comforting • Neighbors t t re 'skin for reason le consider z Lion for their 4 roperty v_• lue© ,:privacy an security Woodfield Homeowners Association 14 View of Site from Schneider Residence (Sue Drive) — Late Summer 2012 Privacy Schneider Residence .. Photo Taken by Petitioner's Consultant Woodfield Homeowners Association 15 View of Site from Schneider Residence (Sue Drive) — Late December 2012 Privacy Photo Taken by Schneider Family Woodfield Homeowners Assodation View of Site from 146th Street Photo Taken by Petitioner's Consultant - Late Summer 2012 Woodfield Homeowners Association Privacy Photo Taken by Woodfield HOA - November 2012 17 Schneider Residence Beyond Tree Line Photo Taken by Petitioner's Consultant- Late Summer 2012 Privacy Schneider Residence Seen Through Tree Line Photo Taken by Woodfield HOA - December 2012 Realtor Opinion of Impact on Residential Property Values (12/15/2012) - Excerpt Page 1 of 2 Property Value Prudential December 15, 2012 Mr. Steve Dauby Sue Drive Carmel, In 46033 Dear Steve: Tho Tim O'Conno, Teem Prudential Indiana Beatty Group 3931 Easi 62nd Street lndiarapalis. IN 4624(1 Bus 317 F.Sii -7835 Fax 317 5S., -6207 e. w.tirx,xcur,rnr4rpxirsts.com I have driven by the site at the South East Corner of 146th Street and Gray Road, 146th Street is a busy thoroughfare. 1 have looked at its impact to the homeowners in the Woodfield neighborhood. I have been impressed on how well two of the new residential neighborhoods, Stafford Place by Drees homes and Grandin Hall have done in this previously down market. These developments have homes ranging from $350,000 to over $600,000. In October of this year the Plan Commission approved a new development just south of 146th Street on the west side of Gray road. The residential demand for this area is very strong. 19 Realtor Opinion of Impact on Residential Property Values (12/15/2012) - Excerpt Page 2 of 2 Property Value If you look at the intersection of 146th and Hazel Dell, this is a much busier intersection and it does not have any gas stations. Carmel has done a nice job of stepping down the zoning intensity as it approaches the single family developments. Carmel has approved the zoning for a gas station at the Legacy development; this development is very large and has the ability to buffer the residential homes from any negative impact. The land at 146`h street and Gray road is approximately 11 acres and more residential in nature. The homes that back up to this land average over $500,000 in value and will not buffer the negative commercial impact on the residential values, especially those along Sue Drive. It is possible for the property values to be reduced by $50,000 - $100,000 if a gas station were to be built at the south east corner of 146th and Gray Road. Best Regards, Tim O'Connor The Tim O'Connor Team Prudential Indiana Realty Group 3801 E 82nd Street Indianapolis, In 46240 20 Land Use (con -t) ® 15 Residential properties impacted have assessed value of between $614k an $239k - Total assessed value of $7.1 million • Based upon advice from local realtor, assessed residential property values could decline between $50k and $lOOk based upon proximity to the site and current home value • Total estimated unfavorable impact to residential property values totaled $1.1 million • New fueling station and convenience store would increase assessed property value by $1.1 million • Approving rezoning and construction of fueling station and convenience store likely to have neutral impact on assessed property values • City's goal should be increasing total assessed value by approving development that does not negatively impact residential property values. Woodfield Homeowners Association 21 Land Use (can't) Petitioner's attorney considers Woodfield HOA and neighbors unreasonable - Rejected 4 previous proposals • 2008 development proposal was acceptable to residents contingent upon making minor modifications to berm and addition of small number of trees ® Developer rejected compromise • Project disbanded - Reason unknown Woodfield HOA and neighbors recognize that site has a multitude of potential uses and landowner has right to sell his property • From neighbors perspective, development should feature: •Low traffic intensity • Operating hours: 6AM to 6PM - Monday through Saturday • Neutral or favorable impact on neighborhood • Structure and parking that is shielded from neighbors and does not encroach on residential properties Woodfield Homeowners Association Land Use (con -t) Neighbors have discussed the need for a Professional Financial Center ®Carmel Northside /Westfield Southside is currently underserved • Services could include: • Financial Planning • Real Estate Services — Real Estate Sales /Title Company /Mortgage Company • Public Accounting Services • Legal Services /Estate Planning • Insurance Sales • Meeting / Training Space • Neighbors recognize they are not developers but would like to work with developer to find an acceptable compromise Woodfield Homeowners Association 23 Conclusion • Environmental Risks are significant • Spills • Storage tank leakage • Discharges into County legal drain • Traffic Safety at /ne•tr site significantly deteriorated • 238 entries /exits to site at peak PM hour • 77 instances of dangerous traffic flows on to southbound Gray Rd. • 107 entries /exits from /to 146th St — high traffic volume road • 184 dangerous traffic flows during peak PM hour • 8 accidents at this intersection during 2011 -12 ® 3 involved property damage and injuries Woodfield Homeowners Association 24 Conclusion (con, • Fueling Station /Convenience Store business undesirable to neighbors • 24/7 operation • Will impact desirability and value of surrounding residences • Retail clientele of uncertain character, particularly during nighttime hours • Alternative location could be on north side of 146th St which is predominantly zoned commercial • Many development options are available for site •Neighbors willing to work with developer in advance of sending proposal to Plan Commission Woodfield Homeowners Association 25 Convenience Store Safety, Environmental and Health Issues Presented by Steve Steiner 4 /7RCt//nENi Z e2fnEL err)/ 2-0 u AJC /i 17 /�3 /o- c7Pa5es Robbery of Convenience Stores by Alicia Altizio and Diana York Published by the U.S. Department of Justice, Office of Community Oriented Policing Services, 2007 • Convenience stores account for -6% of all robberies known to police. • Little change in this rate over the past 30 years. • Convenience stores can be vulnerable to repeat victimization. • Convenience store workers suffer from high rates of workplace homicide, second only to taxicab drivers. • Indirect costs include various criminal justice activities of state and local governments, including police investigations, prosecutions, and incarceration and supervision of offenders. Robbery of Convenience Stores (con't) Factors that contribute to the incidence of convenience stores robberies include: (Proposed Store) • Hours of operation (24/7) • Store layout, including visibility from outside into the store pD - Facility placement will be at least 5 feet below street level and surrounded by shade trees • Exterior environment, including lighting and viable escape routes • Site surrounded by woods, floodplain and residential homes • Location - stores in shopping complexes and strip malls had fewer robberies than those not in more concentrated commercial settings 0 .Proposed setting is currently residential surrounded by shade trees and residences Proposed location of Rickers facility and its operating plan include ALL of the factors that contribute to store robberies Summary of Criminal Activity at Rickr's facilities • Sept 2012 - attempted armed robbery - Lawrence • Aug 2012- armed robbery- W 71st Street, Indianapolis • May 2011- attempted armed robbery - Ft. Wayne • 2009- armed robbery in parking lot - Anderson • 2008 - armed robbery - Ft. Wayne • Circa 2005 - female employee murdered while on the job Summary of Recent Gasoline Spill at Ricker's facility • Sept 2012- Fishers- fuel made its way to nearby storm drain, necessitated multiple emergency agencies and evacuation of nearby shopping center Summary of Food /Health Code Violations at Bickers facilities Hamilton County • #78: 9797 E 116th St, Fishers (since 2011) 16 viol 4 crit • #44: 1850 E 151st St, Carmel (since 2008) 31 viol 7 crit • #10: 3642 Olivia Way, Fishers (since 2011) 4 viol • #77: 16788 Clover Rd, Noblesville (since 2011) 20 viol Total Code Violations 71 3 crit 5 crit Summary of Food /Health Code Violations at Bickers facilities Marion County (all since 2009) • #30: 2102 Post Road • #31: 5201 N Keystone • #32: 11019 Pendleton Pike • #34: 9235 E 56th St. • #36: 8045 S Meridian • #38: 6050 W 71st St • #42: 8558 Northwest BI • #43: 3201 E 96th St • #46: 8080 N Oaklandon Rd • #70: 6279 W 38th St • #71: 1545 E 38th St • #72: 5585 Georgetown Rd • #79: 4002 S East St • #80: 5061 E Washington • #81: 3355 W 16th St Total Code Violations 17 violations 41 violations 20 violations 13 violations 17 violations 9 violations 22 violations 4 violations 9 violations 13 violations 10 violations 12 violations 34 violations 37 violations 42 violations 300 1 critical 7 critical 2 critical 4 critical 6 critical 3 critical 2 critical 5 critical 6 critical 10 critical