[00:00:10]
          GOOD EVENING. THIS IS THE COMMISSION COMMITTEE MEETING, 
          [1. Docket No. PZ-2023-00076 PP/SP: Cherry Creek Farms Minor Subdivision.]
TUESDAY, JUNE 4, 2024. THE ITEM WE HAVE ON OUR AGENDA IS DOCKET NUMBER PES E- 2023 00076 /CHERRY CREEK FARMS MINOR SUBDIVISION. THE APPLICANT SEEKS THE APPROVAL TO SPLIT ONE 2.7 ACRE PARCEL INTO TWO RESIDENTIAL LOTS. LOCATED AT 13777 PARKWAY WITH ZONE S-1/RESIDENTIAL. FILED BY MIKE KENNY, OWNER. DO YOU HAVE SOME COMMENTS? 
          >> CAN YOU HEAR ME OKAY? HI AGAIN. I WANTED TO FOLLOW UP WITH WHAT HAS HAPPENED SINCE WE MET LAST TIME. I DID TALK TO AN ENGINEER ABOUT AN ESTIMATED COST FOR A PATH. BEFORE I GET THERE. I WANTED TO MAKE SURE EVERYBODY UNDERSTANDS WHAT WE ARE ASKING AND LOOKING AT. IT LOOKS DIFFERENT THAN A PLAT ON PAPER. SEEING THE YARD FROM THE BACK OF THE HOUSE. LOOKING TO THE EAST IS THE TREE LINE FROM MY PROPERTY. ON THE NEXT PICTURE, THIS IS MY PROPERTY LOOKING TO THE WEST. IT GOES WELL BEYOND THE FENCE ALL THE WAY TO THE TREES. WE HAVE A TREE EASEMENT STAYING IN PLACE FOR THE 30 FEET AROUND THE PROPERTY. ON THE NORTH SIDE THERE IS AN ELEMENTARY SCHOOL PAST THOSE TREES IN THE BACK. THIS IS THE LOOK FROM THE STREET IF YOU HAVEN'T SEEN IT. THE FARMHOUSE ON THE SOUTH LOT AND THE NEW HOUSE WE ARE BUILDING WILL BE ON THE NORTH OF THE STREET. I WENT BACK AND FORTH ON THIS BECAUSE I WANT WHAT IS BEST FOR THE CITY OF CARMEL AND HOW IT LOOKS AND EVERYTHING ALONG THERE. I WANT TO MAKE SURE IT HAS THE MOST VALUE AS POSSIBLE. IF I PUT THE PATH IN , I TRIED TO THINK THROUGH ALL OF THAT. THERE WAS NO WAY TO DO IT WITHOUT CLEARING ALL THE TREES. WHEN I WALKED THE PROPERTY WITH PEOPLE FROM THE CITY, THE COMMENTS THAT I HEARD FROM ONE OF THE GUYS THAT SPECIALIZES IN TREES. THERE IS NOTHING HERE THAT IS WORTH SAVING. AS THE HOMEOWNER, THERE IS QUITE A BIT OF VALUE WITH THOSE TREES. WE HAVE YOUNG KIDS RUNNING ON THE PROPERTY. 
          NOT HEAVEN TREES WILL LOOK VERY DIFFERENT WITH THE CARS PASSING BY. IT CAME BACK TO, WHAT IS THE LIKELIHOOD THE CITY WILL ACTUALLY DO THIS? I HEARD FROM THE SCHOOL AND PUSHBACK THEY DON'T HAVE THE BUDGET AND ARE NOT DOING THE SIDEWALK. IF IT COMES DOWN TO IT, IS THIS ACTUALLY GOING TO HAPPEN? MAYBE IT IS A 10 YEAR PLAN OR FIVE-YEAR PLAN. IT IS A BIG DEAL OF THE TREES COME OUT. I UNDERSTAND WE NEED TO DO SOMETHING LIKE THIS. I AM ASKING YOU TO SUBDIVIDE THE -- AND YOU'LL ASK ME FOR SOMETHING IN RETURN. AT THE END OF THE DAY, THERE HAVE BEEN PEOPLE THAT HAVE SAID THERE IS NOTHING GOING IN THERE. A SIDEWALK DOES NOT FIT WITHOUT MAJOR RECONSTRUCTION WHICH IS POSSIBLE. YOU HAVE TO MAKE PLANS FOR THOSE THINGS THAT OUTCOME. I DON'T KNOW IF IT IS A POSSIBILITY OR NOT BUT I GOT AN ESTIMATE BACK FROM THE ENGINEER. BUT THE PATH IN. IF THE CITY DECIDED THEY WOULD REQUIRE IT. AS CHALLENGING AS IT IS BECAUSE I DON'T KNOW WHEN AND IF IT'LL GO IN. I HAVE SOME COVERAGE FROM A LOT. 
          I WORKED WITH FISHER HOLMES FROM NINE YEARS. I KNOW THE VALUE OF THE PROPERTIES. WE HAVE PROPERTIES IN FISHERS THAT I HAVE HUNDREDS OF $5000 ON THE LOT PREMIUM. 175 TWO 175 20 LOT PREMIUM. THERE IS SIGNIFICANT VALUE WITH TREES BEING THERE. 
          THEY PROVIDE COVERAGE. I SAW IN A REPORT SENT OUT TO THE 
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COMMITTEE. ONE OF THE GENTLEMAN SAID HIS ROLE WILL BE NOT TO ALLOW THE CONTRIBUTIONS BUT THE PATH IN NOW. I DID NOT WANT TO DO THIS BECAUSE OF THE VALUE LOST TO THE PROPERTY AND THE SAFETY OF MY KIDS. THE SCHOOL. SOMETHING BROUGHT UP AT THE LAST MEETING I DID NOT SPEAK TO. THE OTHER SIDE IS A DIFFERENT SCHOOL DISTRICT. ON OUR SIDE THEY EXPRESSLY SAID PEOPLE THAT GO TO CHURCH AND ELEMENTARY SCHOOL THEY ARE NOT TO GO IN THAT DIRECTION. THAT IS HOW WALKERS GET TO SCHOOL AND WE HAVE A SIX-YEAR-OLD AND AN EIGHT-YEAR-OLD AND THAT IS HOW THEY GET TO SCHOOL UNLESS I AM DRIVING THEM TO SCHOOL. IT IS UNLIKELY EVEN IF THERE IS A PATH THAT BECOMES A MAIN STREETS OR A ROADWAY FOR STUDENTS TO GET IN TO THE SCHOOL. BECAUSE I DON'T THINK THE SCHOOL WANTS TO TAKE THE RISK EVEN WITH THE SIX-FOOT TREE. THEY DON'T WANT THE RISK FOR KIDS TO BE WALKING ALONG WITH THE BUSES DROPPING PEOPLE OFF. IT IS NOT SAFE. IS THIS PATH EVER GOING TO HAPPEN? I UNDERSTAND THERE ARE RULES IN THE CODE WE NEED TO GO BY TO MAKE IT HAPPEN. GOING TO THE PATH, THIS IS FROM THE ENGINEER FOR THE 10 FOOT PATH. HE HASN'T BROKEN DOWN. LET ME SEE BUT CAN PULL IT UP A LITTLE BIT. THERE WE GO. THIS IS BASED ON HIS ESTIMATES. THEY COULD HAVE THE PAT -- PATH BUILT FOR LESS THAN WHAT THE CITY WOULD DO IT FOR. I HAVE SOME GREAT CONNECTIONS. I DON'T CARE HOW GREAT CONNECTIONS YOU COULD HAVE. THIS RUNS INTO CONSIDERABLE THINGS I VALUE FROM MY HOUSE. EVEN IF I COULD DO IT, I DON'T WANT TO BECAUSE IT TAKES AWAY VALUE FROM MY HOUSE AND THE SAFETY OF MY KIDS. I THINK THAT IS THE REQUIREMENT OF THE CODE. 
          CONTRIBUTE OR DO THE PAST. I AM HOPING SOMEBODY TALKS TO, IS IT REALLY GOING TO HAPPEN. AND I UNDERSTAND WE HAVE TO PLAN FOR 2025 YEARS OUT. IT WOULD BE A HARDSHIP FOR US TO HAVE THAT MONEY SITTING SOMEWHERE ELSE. THIS WILL TAKE AWAY FROM THE DOWN PAYMENTS. I WILL LET YOU TALK TO HOW YOU HANDLE IT. SHE WORKS IN A DIFFERENT WORLD THAN I WORK IN. IT IS A CONTINUATION OF THE STORY THAT HAS BEEN TAKING PLACE. WITH MY LIFE SINCE I GREW UP HERE AND DROVE BY THE PROPERTY. I HAVE AN ARTICLE THAT IS A LITTLE BIT ABOUT MY STORY AND HOW I WOUND UP AT THE PROPERTY. IT IS MORE THAN A PLAT WE'RE LOOKING AT ON A PIECE OF PAPER. I AM ALL ABOUT THE FUTURE OF --. BUT NOT IF IT WILL JEOPARDIZE THE SAFETY OF MY KIDS FIRST AND FOREMOST. AND BEING ABLE TO SEE CARS DRIVE BY CLEAR AS DAY. 
          IT'LL HELP CREATE A BARRIER, THAT'LL HELP. MAYBE THAT IS DIFFERENT. FROM THE FEEDBACK I HEARD, THAT IS QUESTIONABLE THAT IT'LL HAPPEN. I WILL LEAVE IT TO YOU GUYS, THAT IS ALL I'VE GOT. THIS IS GREAT AND IT'S BEING RECORDED. IT'S A GREAT PLATFORM TO SHARE. I WAS IN A CART FIRE AND MY FRIEND SAVED MY LIFE. AND IT WAS THROUGH WITH THAT ACCIDENT AND DEALING WITH A BRAIN INJURY. AND YEARS OF TRYING TO FIND THE RIGHT EMPLOYMENT I ENDED UP FINDING FISHER HOLMES NINE YEARS AGO STARTING A JOB IN HERE WE ARE NINE YEARS LATER WITH THIS INCREDIBLE OPPORTUNITY. THEY WILL ALLOW ME TO BUILD ON YOUR LOT. A REALLY COOL THING FOR MY FAMILY. I 
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HAVE TO MAKE SURE I'M KEEPING THE SAFETY OF MY KIDS IN MIND. 
          HOME VALUE IS IMPORTANT TO ME BECAUSE IT'S THE WORLD I WORK IN. THAT'S ALL I'VE GOT. THANK YOU GUYS. 
          >> THANK YOU. DEPARTMENT. WE DID MEET WITH ON SITES. WE TOOK A LOOK AT THE PROPERTY AND WALKED INSIDE AND OUTSIDE. 
          THERE IS A LINE OF TREES RIGHT ALONG THEIR THAT WERE PROBABLY PLANTED A WHILE AGO ALONG THE STREETS. MOST WILL HAVE TO COME OUT BECAUSE OF HOW CLOSE THE PATH WOULD GET TO THEM. IT'LL BE WORTH SAVING. THEY ARE NOT IN IDEAL SPECIES. THE PETITIONER WOULD START THE PATH TODAY. WE WANT TO GET THE INFRASTRUCTURE SO PEOPLE CAN START USING IT TO MAKE OUR CITY SAFER VERSUS A SMALLER SIDEWALK. ALLOWING PEOPLE TO RIDE THE BIKES AS WELL AS MARK AND MOORE GRAHAM AND ACCESSIBLE FOR WHEN YOU HAVE TWO LECTURES PASSING EACH OTHER AS WELL. THE PATH WILL BE INSTALLED WITH THE TREE LINE IN BETWEEN. IT ADDS TO THE SAFETY AS WELL AS A BUFFER BETWEEN THE PATH IN THE STREET WHERE THERE IS NOT THAT BUFFER TODAY. AND THE TREES WOULD HELP GROW AND ADD TO HIS DESIRE TO MORE TREES BETWEEN HIM AND THE STREET. THERE WILL BE LOTS OF TREES BUT TREES CAN BE PLANTED TO HELP GROW AND ADD SOME OF THAT BUFFER. HE'LL BE MOVING TREES FOR THE NEW HOME. IN A DRIVEWAY COMING IN HE'S ALREADY MOVED SOME OUTSIDE AS WELL THAT HE COMMITTED TO THE TREE PRESERVATION BOTH IN THE NORTH, WEST AND SOUTHERN PARTS OF THE OPERATIVE OTHER THAN THAT, HE MEETS ALL THE REQUIREMENTS. IN THE BEGINNING, SHE WASN'T SHOWING EITHER THE PATH FOR THE COMMITMENTS. THAT IS WHERE WE ARE AT WITH THE COMMISSIONER AT THE BEGINNING. WE NEED ONE OR ANOTHER. YOU COMMIT THE FUNDS TO BUILD IT SO THE CITY CAN BUILD IT IN THE FUTURE. THIS IS THE FIRST TIME I AM HEARING ABOUT THE ESTIMATES. WE DIDN'T HAVE THAT YET. SOUNDS LIKE THAT IS WHAT HE WANTS TO DO. THAT IS AN OPTION AND HE NEEDS TO DO ONE OR THE OTHER. HE DOES HAVE AN OPTION TO ASK IF HE DOESN'T WANT TO BUILD THE PATH OR DO THE COMMITMENT. THAT'LL BE A SEPARATE PROCESS PUBLIC HEARING AT THE SITE I THINK THAT IS ABOUT ALL I HAVE NOW. IF HE IS WILLING TO MAKE THE COMMITMENT, HE'S MEETING THAT REQUIREMENT. WE RECOMMEND APPROVAL WITH THAT 
          COMMITMENT. THANK YOU. >> THIS IS A COMMITTEE MEETING. 
          WE WILL DISCUSS THIS. >> THANK YOU, MDM. CHAIR, SORRY. I'D LIKE TO HAVE A SPECIFIC QUESTION. DOES IT HAVE TO BE DONE IMMEDIATELY. I'M NOT SURE I AM CLEAR ABOUT WHAT THE TIMELINE IS FOR A PROJECT. I WILL BUILD A HOUSE AND DO X, Y, AND SEE. DOES IT MEAN HE HAS TO BUILD IT DURING CONSTRUCTION OF THE HOME I GUESS IS MY MAIN QUESTION? 
          >> YES. IT WOULD NEED TO BE BUILT BEFORE WE CAN SIGN OFF ON IT. IF HE'S BUILDING IT OR COMMITTING THE FUNDS. IT'LL SHOW IT ON ITS PLAT SO WE KNOW IT'LL BE BUILT. THE CEO OF THE 
          NEW HOME UNTIL IT IS BUILT. >> THE CO IS THE TRIGGER SO TO SPEAK? TO MAKE SURE IT GETS DONE? 
          >> THAT IS THE BEST WAY HERE. LARGER SUBDIVISIONS WE MAY HOLD UP THE FIRST BUILDING LIKE THE STREETS AND SIDEWALKS AND 
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PATHS. THAT IS THE BEST WAY TO HOLD SOMETHING UP I GUESS. IT IS THE CERTIFICATE OF OCCUPANCY. 
          >> CAN I KEEP GOING? IS THAT ALL RIGHT? ONE THING I HEARD THE PETITIONER TALK ABOUT. TRYING TO DO WHAT IS BEST FOR THE CITY. I APPRECIATE HIS OF THE OPINION. IT'S A HANDFUL OF DIFFERENT CIRCUMSTANCES. IF THERE WAS NO SIDEWALK, TRAILER NOTHING, IT'LL PROBABLY BE A DIFFERENT STORY HERE. WE HAVE A SIDEWALK THAT FUNCTIONS WELL AND WIDER PATHS ON THE OPPOSITE SIDE. I'M APPRECIATIVE OF THE INTEREST IN SOME SORT OF COMMITMENT SOUNDS LIKE THEY ARE INTERESTED IN THE PAYMENTS IN LIEU OF CONSTRUCTION. I'D BE SUPPORTIVE OF. THE FUNDS WILL BE THERE TO INITIATE A PROJECT IF THEY SO CHOOSE. IT'LL GET US A COMMITMENT OR PARTICIPATION. IT'LL BUILD THE SUBDIVISION. THEY COULD DEVELOP MITIGATION STRATEGY KNOWING THE PATH GETS WIDENED. YOU WOULD NOT HAVE TO GET IN THERE AND PULL POISON IVY OUT, RIGHT? I'D BE SUPPORTIVE AND PAYMENT IN LIEU OF THIS GLOBAL TEAROUT. OR THE DO NOTHING OPTION IN MY 
          OPINION. >> MDM. CHAIR. I WAS IN THE SAME MINDFRAME AS YOU. THEY DID NOT WANT TO MAKE A COMMITMENT OR BUILD THE PATH. IT'S GOING TO HAVE TO BE ONE OR THE OTHER. 
          I DID NOT HEAR ANYTHING ABOUT DEDICATION OR RIGHT-OF-WAY. 
          WITH THIS CURRENT SUBDIVISION SHOWED US , HE DEDICATES A SMALL PORTION OF RIGHT-OF-WAY ALONG THE SOUTH REQUIRED. THE WAY THE ORDINANCE IS WRITTEN, YOU HAVE TO MEET THE TRANSPORTATION PLANS AND TO MEET IT, ONLY A SMALL PORTION WOULD BE REQUIRED. THERE IS ENOUGH RIGHT OF WAY THERE. 
          >> YOU'RE TELLING ME, THE CITY ENGINEER DECIDES TO PUT IT A 10 FOOT MOTEL USE PATH -- MULTI USE PATH WITH DEDICATION, THERE WON'T BE A NEED FOR THE CITY PURCHASING RIGHT-OF-WAY FOR THE 
          NEED AND THE HOMEOWNER? >> WHAT WE REQUIRE IS THE TRANSPORTATION PLAN. THERE IS THAT PATH. 
          >> MAYBE I'M NOT COMPLETELY PAYING ATTENTION TO THE CONVERSATION. THE CITY IS GOING TO HAVE TO SUBSIDIZE THE PATH AT A FUTURE DATE BECAUSE THIS'LL BE THE BEST DEAL EVER FOR THE PATH. AND THE CITY WILL LIKELY HAVE TO PURCHASE RIGHT-OF-WAY FROM THE LISTENER. AT A FUTURE DATE TO MAKE THE PATH OF REALITY. NOT ONLY WILL IT COST TO THE CITY A LITTLE BIT MORE -- LISTEN. I'M ALSO IN THE MINDFRAME OF GIVE PEOPLE A CHANCE TO GROW SOME MORE TREES. DO WE CHARGE A NUMBER ONE OF THE A PERCENT PER YEAR UNTIL THE PATH GETS BUILT? THAT'S NOT THE CITY'S POLICY. WE NEED TO BE COGNIZANT OF WHAT THE RAMIFICATION IS OF THIS COMMITTEE SHOULD WE CHOOSE TO TAKE THE ACCEPTANCE AS IT STANDS. AS MY FATHER SAYS, PULL OFF THE BAND-AID. AND MOVE ON WITH THE PROCESS. I DON'T KNOW HOW TO FEEL ABOUT IT ONE WAY OR THE OTHER AT THIS POINT. 
          >> I UNDERSTAND YOUR REQUEST TO CONTRIBUTE TO THE FUND. 
          QUESTION FOR YOU , WHAT WOULD TRIGGER THE CITY FINALLY PUTTING IN THE PATH IN THIS LOCATION? THE OTHER PIECES BEFORE THEY PUT THE PATH IN? IS IT SOMETHING SOON OR WAY DOWN 
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          THE ROAD. >> I DON'TKNOW THE DETAILS OF WHEN THEY DECIDE TO PUT THE PATH IN. IS THAT THE ONLY MISSING PIECE? ARE THERE A LOT OF ACCIDENTS? THAT BECOMES UNSAFE THAT THEY DECIDE THEY NEED THE PATH? IS THERE FUNDING AVAILABLE , THE COUNCIL HAS APPROVED RECENTLY FUNDING FOR DIFFERENT SECTIONS OF THE PATH AROUND THE CITY TO COMPLETE THE MISSING SEGMENTS. IT'S NOT SOMETHING WE HAVEN'T DONE IN THE PAST. IT'S ON A BUSY ROAD RIGHT NEXT TO IT. 
          >> IT'LL CREATE AN INTERCHANGE IN UNDER 46 STREET. THAT'LL FUNDAMENTALLY CHANGE PEDESTRIAN ACCESS. THE SCHOOL IS GOING TO BE ON THE HOOK TO PUT IN A PATH AND IS NOT GOING TO GET AWAY WITH MAKING A CONTRIBUTION. THOSE TWO THINGS WILL INSTIGATE AND YOU HAVE A PATH TO THE SOUTH OF HERE. THEY PUT TOGETHER FOR WHAT I CALL TO FILL THE GAPS IS NOT GOING TO CONTRIBUTE TO IT. DEPENDING ON THE CITY -- DEPENDING ON THE DECISION WE MAKE, THE CITY WILL SUBSIDIZE THE PATH AND WILL HAVE TO PURCHASE THE RIGHT-OF-WAY. 
          >> I APPRECIATE THE INFORMATION, THANK YOU. JUST FOR CLARITY FOR THOSE OF US WHO ARE NOT ENGINEER MINDED, THE CONTRIBUTION IS BASED OFF OF YOUR ESTIMATE FOR THE CITY WILL 
          GET THEIR OWN? >> IN THE EVENT HE DID DECIDE TO GO AHEAD AND MAKE THE PATH, DOESN'T INCLUDE TREE REMOVAL AT THIS PRICE? IT DOESN'T LOOK LIKE IT IS LISTED. 
          >> THAT'S NOT INCLUDED AT ALL. THAT IS THE LITERAL ONLY 10 FOOT PORTION ALL ALONG IN THE EVENT HE DECIDED FOR THE FORESEEABLE FUTURE. I HAVE A PRACTICAL QUESTION. THE LETTERS THAT WE REFERENCED QUESTIONS ABOUT THE SECOND HOME. CAN WE ASSUME THERE IS NO OPPOSITION TO THE PREMISE OF ACTUALLY BUILDING AND DIVIDING THE PROPERTY INTO TWO PARTS? 
          >> I'M HAPPY TO SHARE MORE ABOUT IT. YEAH. I'M HAPPY TO SHARE A LITTLE BIT MORE ABOUT THE HOME IF THAT'LL BE HELPFUL. SO YOU KNOW WHAT IS GOING ON THERE. 
          >> A COUPLE OF LETTERS, HAD QUESTIONS AND I DID NOT READ THE OPPOSITION AND I'M TRYING TO CLARIFY TO THE BEST OF YOUR KNOWLEDGE. IS THERE ANY OPPOSITION TO DOING THE PROJECTS REGARDLESS OF THE PATH ISSUE? 
          >> I HEARD FULL SUPPORT FOR IT. THERE IS SOMEBODY THAT SAID, WE DON'T EVEN KNOW WHAT IS GOING ON HERE WITH WHAT IS REBUILT OR ANYTHING. IT IS ONE OF THE THINGS WITH THE PROJECT GOT STARTED AND NOT EVERYBODY WAS AWARE EXACTLY OF WHAT WAS HAPPENING. IT WAS HAPPENING FASTER THAN PEOPLE KNEW. FOR EXAMPLE. MY NEIGHBOR, SOUTH OF THE PROPERTY THAT BACKS UP TO HAZEL ROAD THERE, SHE SAID, WAIT A SECOND. WILL IT AFFECT ME AT ALL? IF THEY TAKE THE TREES OUT, SOUTH OF MY FARMHOUSE AND DRIVEWAY, IF THEY TAKE THE TREES OUT, THERE MAY BE LESS PRIVACY TO YOUR YARD NOT TERRIBLE. IF THEY EXTEND THE PATH IN THE FUTURE PLANS, A LOT OF HOMEOWNERS WILL BE IN THAT MEETING. THEN YOU ARE TALKING ABOUT WANTING MORE HOMES. IF WE ARE TALKING WHAT IS HAPPENING TO YOURS IN THE SCHOOL, IT MAY BE ALLOWED 30 WHEN PEOPLE WITH THE 
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RECOMMENDED SPACE. I KNOW THE EMAIL REACHED THE COMMITTEE. 
          >> DID HE DO WITH THUMBS UP AND THUMBS DOWN? ARE YOU MR. KLEIN? 
          NICE TO YOU. NICE TO MEET YOU. >> IT IS THE ELLINGTON HOME. IT IS GOING TO BE BEAUTIFUL. IT FITS WITH THE LOOK OF --. I DID IT INTENTIONALLY SO IT LOOKS LIKE IT'S A -- LIKE IT'S SUPPOSED TO BE THERE. WE ARE REALLY EXCITED ABOUT THE HOUSE AND IT MAKES US NERVOUS ABOUT WHAT IS HAPPENING ALONG THE 
          ROAD. >> IF YOU HAVE THE PACKET AND THE SITE PLAN THAT SHOWS THE PEOPLE HAVEN'T SEEN THAT. 
          >> THE MAIN PROPOSAL TO DIVIDED INTO TWO PARCELS. I WANT TO MAKE SURE THE BASES COVERED. MY NEXT QUESTION IS SUPER PRACTICAL. I UNDERSTAND $10,000 NOT BEING AVAILABLE FOR CONSTRUCTION COSTS VERSUS GOING INTO A RESERVE FUND I WILL CALL IT THAT . WHAT ELSE SHOULD I CALL IT? IT IS A RESERVE FUND, RIGHT? LOWERCASE LETTERS, A RESERVE FUND BECAUSE IT'LL BE THERE FOR WHEN IT IS BUILT. CAN THE COMMITMENT BE A NOTE, OR DOES IT HAVE TO BE CASH ON THE BARREL? I DON'T KNOW IF I CAN MAKE THAT DECISION. IT HAS TO BE A DEPOSIT TO THE CITY OF CARMEL. IT DOES HAVE TO BE A CHECK MADE AT THIS TIME. OKAY, THANK YOU. WOULD YOU LIKE TO MAKE A MOTION? 
          >> I MOVED TO APPROVE THE PETITIONER'S PLAN PRESENTED WITH THE CAVEAT THE PAYMENT IN LIEU OF PAST CONSTRUCTION BE CONSIDERED WITH THE APPROVAL SUBJECT ENGINEERING REVIEW THE DOLLARS AND CENTS AND THE ESTIMATE. 
          >> I WILL SECOND. >> IT HAS BEEN MOVED AND SECONDED TO THE DOCKET CREEK FARMS MINOR SUBDIVISION WITH THE PETITIONER . MOVING FORWARD WITH SUPPLYING THE MONEY NECESSARY FOR THE CITY TO BUILD THE PATHS. 
          >> MORE DISCUSSION, DO YOU MIND? 
          >> I'M GOING TO VOTE NO AS IT STANDS BECAUSE I THINK WE ARE NOT ASKING FOR ENOUGH FROM THE PETITIONER. TO COVER THE SHORTFALL. I WANT YOU ALL TO KNOW WHY. 
          >> A QUESTION. HE SAID ENGINEERING WILL REVIEW IT. IF THE ESTIMATE IS NOT ENOUGH, WHAT ARE YOU SUGGESTING? 
          >> THE $10,000 WILL NOT BUILD THE PATH IN THE FUTURE. THE CITY WILL HAVE TO SUBSIDIZE IT. IT'LL COST 15 AND 20 AND $30,000. IT'S NOT CAN COST $10,000. THE CITY WILL SUBSIDIZE THAT IN ADDITION TO THE WAY IT BUILDS PATHS. IT'LL HAVE TO COME BACK AND PURCHASE THE RIGHT OF WAY FROM THE PEOPLE. MY GUESS IS LAND WILL BE WORTH MORE TOMORROW THAN IT IS TODAY. WE BUY LAND AT A PREMIUM DOWN THE ROAD IN 
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ADDITION TO PAYING FOR THE PATH WE WILL PUT IN. WE ARE SHORT SELLING THE CITY AS AN ADVISORY BOARD AND I THINK WE'RE MAKING A POOR CHOICE I WOULD BE MORE INCLINED TO GO PLAN FIND YOU ALL OF THE RIGHT-OF-WAY NEEDED FOR THE PATH WOULD BE DEDICATED. AND/OR TO THIS POINT, THEY DON'T WANT TO PUT THE $10,000 AND LET'S WORK OUT IT DEAL WITH THE PAIN 10,000 + A PERCENT NEXT YEAR. 10,000+ 16% IN TWO YEARS. WE WILL TAKE THE MONEY DOWN IN THE FORM OF A CHECK. THAT IS WHERE I AM AT. 
          >> CAN THAT BE DONE? >> IF WE WERE THE VOTES TO APPROVE SUBJECT TO AN AMOUNT TO BE PAID FUTURE BASED ON THE FACTORS THAT JOSH EXPLAINED , IS THERE A PRECEDENT FOR DOING THAT? THE BEST DEAL ALL AROUND IS TO BUILD A PATH FOR $10,000 
          AND BITE THE BULLET. >> I UNDERSTAND THAT. I ALSO UNDERSTAND IT'LL BE A PUBLIC PATH, CORRECT? I GUESS I DON'T HAVE QUITE THE LEVEL OF CONCERN THAT THE CITY MIGHT HAVE TO COUGH UP A LITTLE BIT MORE MONEY AT THE TIME IT IS ACTUALLY BUILT IF THE COMMITMENT IS MADE IN GOOD FAITH TODAY. BASED ON THE ESTIMATE PROVIDED TODAY. AT THE END, THE DAY IT IS THE PUBLIC PATH , I APPRECIATE EVERYTHING YOU JUST SAID PHILOSOPHICALLY, I DON'T HAVE A PROBLEM WITH WHAT IN THE OVERALL SCHEME OF THINGS WILL BE VARIATION OF COST AND IT INC. WILL BE ABLE TO BE ABSORBED BY THE CITY. 
          >> WHEN THEY BUILT THE PATH BEHIND MY HOME ON 131ST ST., IT WAS FUNDED BY GRANTS. I'M NOT SURE HOW MUCH OF THE CITY FUNDED. 131ST 131ST ST. BETWEEN GRAY AND KEYSTONE. IT'S BEEN A LONG TIME SO YOU PROBABLY DON'T REMEMBER. FOR JOSH TO SAY HE WANTS THE PATH TO BEING BUILT AND HAVE TREE REMOVAL SAYS A LOT. I WANT TO THROW THAT OUT THERE AS WELL. AT SOME POINTS 146 STREET AND -- HAPPENS, WE ARE GOING TO HAVE THAT SITUATION WERE IT'LL ALL CHANGE I WANTED TO MAKE THAT 
          POINT. >> LET ME ASK CLARIFYING QUESTIONS FOR BECAUSE MY EYES ARE NOT AS GOOD AS THEY ONCE WERE I SEE AN EASEMENT LINE AND ANOTHER EASEMENT LINE AND A THIRD EASEMENT CALLOUTS. COULD YOU APPROACH THE GRAPH AND POINT TO THE EXISTING RIGHT-OF-WAY LINE AND DEDICATION AND ANY OTHER EASEMENTS YOU ARE SHOWING OUT 
          OF CURIOSITY? >> I WISH I HAD MY ENGINEER WITH ME. ON THIS SIDE OF THE PROPERTY, WE HAVE DEDICATED , AND LET ME SEE THAT HAVE DIFFERENT A BETTER IMAGE OF IT? I DID. GIVE ME JUST A SECOND HERE. WHAT I'M LOOKING FOR AND I'M NOT SEEING THE MEASUREMENTS ON HERE. LET ME BLOW THIS UP LITTLE BITS OF THE BETTER. HERE IS THE CENTERLINE OF HAZEL VILLA. WE HAVE GIVEN MORE THAN THE REQUIRED RIGHT-OF-WAY ON THE NORTH SIDE OF THE PROPERTY. IT GETS DOWN TO 96 OUT OF 100 ON THE SIDE OF THE PROPERTY FOR A SMALLER AREA 
          [00:35:02]
AND A PORTION OF IT. WE DEDICATE A SMALL PORTION WITH THE PROJECT TO GET TO THE FULL 100. IT IS A PUBLIC PATH AND A PEDESTRIAN EASEMENT. WILL GO WELL OUTSIDE OF THE HUNDRED FOOT RIGHT-OF-WAY. THAT IS ALL THAT WOULD BE REQUIRED. 
          WHENEVER YOU DO A PROJECT, THE CITY CAN REQUIRE THE PEDESTRIAN PATH. IT IS 110 FEET OR MORE IF THEY DO -- 116 WELL INTO THE PROPERTY TO CREATE A PUBLIC PATH. I DO BELIEVE THAT TO ME IS MORE OF A CITY PROJECT. THE CITY SHOULD FUNDED IF THEY WANTED TO DO THAT. I RENT ESTIMATES ON THE CITY'S BEHALF. 
          WILL THE CITY PUT IN TREES ALONG THERE? AGAIN, AT THE END OF THE DAY, THAT TO ME SEEMS LIKE A WISH. IT IS UNLIKELY THE CITY WILL DO ANYTHING . IF THEY DID NOT HAVE TO, RIGHT? MAYBE THEY WOULD. I DID NOT EVER GET A SOLID RESPONSE ON THIS BACK . 
          AT THE END OF THE DAY, I CAME TO THE CONCLUSION IT'LL BE BEST IF WE CONTRIBUTE TO THE THOROUGHFARE FUND. IF THE CITY WANTS TO COME IN AND MAKE IT A PART OF WHAT THEY DO WITH CHERRY TREE, THE TAXPAYER-FUNDED PROGRAM. AND -- WHICH IS NORTH OF US, THAT'LL BE WORKED OUT THROUGH THE HOA. 
          THERE IS NO HOMEOWNERS THAT REALLY FEEL IT. SAME IF WE GO WITH 146 STREET AND HAZEL. THAT'S GOING TO BE A MASSIVE PROJECT. WITH MASSIVE IMPLICATIONS. WITHOUT HAVING TO PAY FOR EVERYTHING MYSELF AND I SIMPLY DON'T HAVE THE FUNDS TO BE ABLE TO DO IT. NOT WITHOUT CAUSING A SIGNIFICANT STRAIN . 
          IF I READ THE CODE RIGHT, THE CODE SAYS I CAN CONTRIBUTE TO THE PATH OR I CAN BUT THE PATH IN. SO, I THINK THAT IS WHY WE LANDED ON CONTRIBUTING TO THE PATH. IF WE HAVE TO GET THE ENGINEERS ESTIMATE. IT IS A TOUGH SITUATION FOR US BECAUSE I NEVER WOULD'VE ANTICIPATED AS I GOT INTO THE PROJECT THIS'LL BE PART OF WHAT IT LOOKS LIKE TO SUBDIVIDE. IT COULD BE A SIGNIFICANT COST TO JOSH'S POINT I DON'T KNOW WHAT IS TO COME AND WHAT WILL HAPPEN WITH TREE REMOVAL WITH EVERYTHING ELSE. THAT IS WHAT I COME BACK TO HOW LIKELY IS IT THIS WILL HAPPEN AND WHEN? IT SEEMS LIKE IT'LL BE A MUCH BIGGER DEAL AND IS THERE ANY WAY I DON'T HAVE TO BEAR THE BRUNT OF ALL OF IT? TO ME, THAT CONTRIBUTES TO THE FUND AT THIS 
          POINT. >> BASICALLY, --. 
          >> CAN YOU PLEASE IDENTIFY YOURSELF? 
          >> YES, I'M WITH KENNY. WE LOVE LIVING IN THE CITY OF CARMEL AND WE LOVE HOW WALKABLE CITY IS. WE ARE NOT OPPOSED TO A PATH. WE ARE LIVING IN A VERY, VERY SMALL HOME BUILT IN 1995. WE HAVE TWO DOGS AND THREE KIDS. WE HAVE NO BASEMENT. WE NEED SPACE. WE HAD THE OPPORTUNITY GIVEN TO US FROM THE HARD WORK PUT IN HIS COMPANY. IT IS A ONCE-IN-A-LIFETIME OPPORTUNITY. IN SAYING ALL THAT, WE HAVE THE NUMBER I THINK WE CAN GET THE PATH DONE FOR. LATER DOWN THE ROAD. IT COULD BE A LOT LESS THAN MAYBE THE CITY COULD BECAUSE OF THE CONNECTIONS WE HAVE WITH FISHER HOMES AND THE CONCRETE WITH THE FAMILY FRIEND. WHEN OUT OF POST WITH PATH IF WE ARE SAYING WE CAN GET THE CITY ENGINEERS , GET THE PROJECT STARTED. WHENEVER THE OTHER PROJECT WOULD HAPPEN, WHICH I CAN SEE IT HAPPENING RIGHT NOW. AT LEAST WE HAVE 
          [00:40:04]
TIME TO PLANT TREES AND GET PREPARED FOR THAT PROJECT. THAT IS ALL I'D LIKE TO SAY, THANK YOU. 
          >> PER CODE, THE CHOICE IS BUILD A PATH OR CONTRIBUTE TO THE FUNDS. IT IS THEIR DECISION AND CHOICE. IT IS NOT UP TO US TO DECIDE WHICH WAY TO GO. THEY GET TO MAKE THAT DECISION. 
          SECTION 1.07. REQUIRES COMPLIANCE WITH THE TRANSPORTATION PLANS. THEY MAY ELECT TO PROVIDE A COMMITMENT EQUAL TO THE VALUE TO DESIGN AND CONSTRUCT THE IMPROVEMENTS INDICATED BY THE TRANSPORTATION PLAN. 
          >> THANK YOU. >> COULD I ASK THE MOTION BE 
          RESTATED? >> THE MOTION, WHAT ARE WE? 
          >> WE APPROVE THE PLAT SPLITS. SUBJECT TO THE ENGINEERING 
          APPROVAL. THE PATH ESTIMATE. >> ONE MORE QUESTION OF THE FOLLOW-UP. IT IS TO STAFF. BUT THE RIGHT-OF-WAY DEDICATION AND COMPLIANCE WITH THE TRANSPORTATION PLAN AND THOROUGHFARE PLAN. IT DOES MOVE THE LINE TO LINE UP ALREADY DEDICATED TO THE SOUTH TO THE NORTH AND THE SCHOOL PROPERTY. 
          >> IT DOES NOT LINE UP EXACTLY WITH THE LINE TO THE SOUTH WITH THE NORTH AND THE SCHOOL. WHAT HAPPENED IS WE HAVE THE NEED TRANSPORTATION PLAN. WE SHRUNK SOME OF THE RIGHT-OF-WAY WHEN IT WAS FIRST BUILT. IT WAS MAYBE 120 FEET AND MAYBE IT IS 100 FEET. DOUBLE CHECK THAT NUMBER. IT WOULD MEET THE CURRENT TRANSPORTATION PLAN BUT WOULD NOT LINE UP WITH IT. WITH THE RIGHT-OF-WAY TO THE NORTH AND THE SOUTH. 
          >> I HEARD YOUR THOUGHTS AND I GET WHERE YOUR HEAD IS AT. THE CITY COMES IN AND DOES IT LATER. MAYBE IT IS INFLATIONARY AND WE BUILD A BIGGER, BETTER AND STRONGER. AND THE NOTION THAT MIGHT BE THE RIGHT-OF-WAY FROM THE PATH WHETHER IT IS FROM UTILITIES. WE HAD THE PETITIONER COME INTO A SAYING I'LL BE ON THE PATH TODAY, THEY'RE BUILDING IN THE DEDICATED RIGHT-OF-WAY. WHO KNOWS IF THAT'S THE CASE? 
          >> THE CITY ENGINEER HAS TO MAKE THE DETERMINATION WHERE HE 
          WANTS THE PATH. >> MY ORIGINAL STATEMENT TO THE PETITIONER AT THE FIRST GO THERE WAS A COMPROMISE. THEY WANT TO PUT THE MONEY AND A FIND PLANTING TREES ON THE PROPERTY TO CREATE THE BUFFER. THEY WILL HAVE TO FUND THE PROJECT IN THE FUTURE WHETHER IT IS A BOND OR SOME BIG TO COMPRESS A PLAN. THE CITY HAS HISTORICALLY HAD TWO MECHANISMS TO BUILD MULTIUSE PATHS. THE FIRST ONE IS ORGANICALLY. THE CITY HAS A CODE AND SAYS BUILD A PATH IN WHOLESALE . AND THE PROBLEM WAS THERE WERE HOLES. $38 MILLION WORTH OF HOLES. IF WE CREATE GAPS IN THE NET WORK, THAT WAS INTENDED TO BE A ONE-TIME FIX. HERE'S $30 MILLION, GO FIX IT. WE HAVE A HOLISTIC PATH NETWORK. I SUSPECT THAT WE CAN GO BACK AND ASK THEM, THEY'RE COUNTING ON IS NOT CREATING MORE HOLES IN THE NETWORK. I THINK WHAT EVERYBODY HAS SAID IS CORRECT. 
          THE PETITIONER DEEP AND CORRECT. THERE IS PROBABLY A BIGGER PROJECT HERE AND WE ARE ADJACENT TO A PROJECT THAT IS HAPPENING. AT LEAST IN MY MIND. IF THERE'S A COMPROMISE, AND 
          [00:45:01]
IDEAS OF THE PETITIONER WAS NOT DOING THE BARE MINIMUM BUT WHEN THE ENGINEERING DEPARTMENT WOULD WANT FOR A PATH. THAT TO ME SEEMS LIKE A REASONABLE COMPROMISE. WHAT I AM SEEING IS A MINIMUM NUMBER FOR THE PATH. WHICH IS PROBABLY NOT A BIG DEAL. I DON'T KNOW. AND IN THE CITY WILL BUY LAND FROM THEM TO THE TUNE OF $20,000 AND WHATEVER THE CASE MAY BE. I'M SEEING US CREATING A PROBLEM WE KNOW IS NOT A THEORETICAL AND WE KNOW WE ARE CREATING A PROBLEM. I'M BUMMED. 
          >> WITH PETITIONERS THAT COME IN HERE ALL THE TIME. THEIR DEVELOPMENT TO MAKE CONTRIBUTIONS TO THE FUNDS INSTEAD OF BUILDING THE PATH OR MAKING THE ROAD CONNECTION STABLE CONTRIBUTES. I WENT TO MEET -- TREAT EVERYBODY AS WE ALWAYS DO. I WANT TO MAKE SURE WE TREAT THE PETITIONER THE SAME AS WE TREAT EVERYBODY ELSE. WITH REGARDS TO RIGHT-OF-WAY, I HEAR WHAT YOU ARE SAYING AND I GOT BACK TO THE SAME PREMISE. I DON'T RECALL IN THE PAST WHEN WE HAD A SPLITS WHERE WE TRIED TO ASK THEM TO DONATE MORE RIGHT-OF-WAY. HAVE WE ALREADY DONE IT AND REQUESTED THAT WE TYPICALLY REQUEST FOR THE RIGHT-OF-WAY? OKAY. AGAIN, I WANT TO MAKE SURE WE ARE BEING FAIR. WE REQUEST THAT THE AMOUNTS WE TYPICALLY REQUEST NOT ANYMORE OR ANYTHING LESS. 
          IT IS VARIABLE WITH RIGHT NOW WHICH IS TO BE ONE NUMBER. WE REQUEST WHAT WE NORMALLY REQUEST AND ITS LITTLE SLIVER 
          THAT DOESN'T NEED IT TODAY. >> THANK YOU. THE CITY IS GIVING HIM OPTIONS NOT IN THIS INCIDENT OR ANY OTHER UNTIL THE COUNCIL OR ANOTHER BODY DECIDES TO CHANGE THE WAY WE APPROACH THESE SITUATIONS. YOU PRETTY MUCH SAID WHAT I WAS GOING TO 
          SAY. THANKS. >> MDM. CHAIR, PROCEDURAL QUESTION. WAS THE COMMITTEE GRANTED THE FINAL AUTHORITY? 
          >> A CALL FOR THE QUESTION. TO THE MINOR SUBDIVISION WITH THE RECOMMENDATION AND PETITION ALL IN FAVOR, SAY AYE. 
          >> AYE. >> OPPOSED? 
          >> AYE. >> THIS PATH IS 6-1. WE MOVE FORWARD THE PATENT BEING SUBSIDIZED BY YOU UP FRONT.
* This transcript was compiled from uncorrected Closed Captioning.