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The city may be closer to civil court following action, or more specifically, inaction, by the Warsaw Plan Commission Monday.
The board tabled a settlement agreement offered by William Haldewang and the city on a required earthen berm and vegetation screening between his industrial park development off Ind. 15 and the Rolling Hills subdivision.
"Mr. Haldewang has proposed to install an additional eight or nine trees on the berm between his property and that of Marty Stevens at 2020 Deer Trail," said Mike Valentine, city attorney.
He added that Haldewang agreed to maintain the trees and replace any trees that die. He would also place a condition on the deed that any future purchaser of the property would be responsible for the trees.
The board tabled the proposed agreement because it wanted more information from landscaping specialists determining whether the additional trees would provide the screening called for in the 1994 plan commission approval of the industrial development.
At the time of that approval, the board was told there would be a "dense" earth and vegetation barrier between the industrial park and Stevens' property.
"When this project was initially proposed, the developer committed to an evergreen buffer 20 feet thick along the adjoining property line," Stevens said. "The danger you (the commission) run in letting this developer get by with not honoring his commitments is opening the door to any other developer not honoring their commitments because they'll perceive that this body will not enforce them."
Stevens said he would be willing to share in the expense if the city takes the case to court.
Commission member Jeff Grose said he did not believe the settlement proposal would meet the commitments made in 1994.
"I have concerns that this agreed-upon settlement won't be adequate - that the additional plantings won't be enough," he said.
Stevens concurred with Grose's impression, saying the nine additional trees would screen 90 feet of the 325 feet of his property adjoining the Haldewang development.
Commission member Richard Keevan moved to table the settlement agreement to allow a landscape professional to investigate whether it will provide sufficient screening between the Stevens and Haldewang properties.
"Right now, I don't think anyone here completely understands whether these additional trees are adequate to meet the requirements called for in the commitments that were initially agreed to," he said.
Commission member Jerry Patterson said he wants the developer to be held to what was agreed to and approved, but doesn't want to see tax dollars wasted on a losing fight.
"If they told us back in 1994 exactly what they were going to do and they haven't done it, I think it's cut and dried," he said. "But I also don't want to take this to court and spend a lot of taxpayer money and not get anything out of it."
Valentine said he would contact several landscape contractors to have them offer an opinion on the adequacy of the settlement agreement.
In other business, the commission unanimously approved a recommendation to the city council to revise the city's zoning ordinance as it relates to height and size restriction on advertising signs.
Based upon the recommendations of city planner Jeff Noffsinger, it would reduce the maximum area of a sign in the M-medical and commercial districts from 300 square feet to 150 square feet. It would also lower the maximum height of any sign from 36 to 18 feet.
The commission also approved a recommendation for the friendly annexation of the property at 491 South Circle Drive, off U.S. 30. The commercially zoned property is owned by Dr. Robert Schneider and has been served by city sewers under an in-lieu-of-annexation agreement since 1991.
