HomeMy WebLinkAboutCCM-08-17-98Cityo£ Carmel
AMENDED
CARMEL CITY COUNCIL MEETING AGENDA
MONDAY, AUGUST 17, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEETING CALLED TO ORDER
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INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITINO OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
APPROVAL OF MINUTES
a. July 16, 1998, Budget Heating (*tabled from August 3 meeting)
b. July 30, 1998, Special Meeting
c. August 3, 1998, Regular Meeting
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS
ACTION ON MAYORAL VETOS
CLAIMS
· Payroll
· General Claims
· Retirement
COMMITTEE REPORTS
OLD BUSINESS
a. Permission to Use Additional Funds from EMS and Fire Capital Fund ($215.000);
Chief Douglas Callahan, Fire Department
b. Third Reading Ordinance D-1374-98/Adoption ora Supplement to the Carmel City
Code; Diana L. Cordray, Clerk-Treasurer
*tabled from 8/3/98 meeting
c. Second Reading Ordinance D-1376-98/Amendment to Section 2-42 of the Carmel City
Code (Sick Leave); Barbara Lamb, Human Resources
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
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Second Reading Ordinance D-1377-98/Amendment to Section 2-38 of the Carmel City
Code (Medical Insurance Premiums); Barbara Lamb, Human Resources
Second Reading Ordinance D-1378-98/Repeal of Sections 2-66 through 2-71 and
Addition of Section 2-40 of the Carmel City Code (Civilian Disability Plan); Barbara
Lamb, Human Resources
PUBLIC HEARING
a. First Reading Ordinance C-192/Annexation of Brooks Landing, Section 4; Kenneth
Alexander, Brenwick Development
*published in The Daily Ledger on August 6, 1998
b. First Reading Ordinances D-1382-98 to D-1392-98/1999 City_ of Carmel Budgets
Ordinance D-1382-98/General Fund: ~
a. Police Department $6,117,001
b. Communications Cente~ $1,357,485
c. Fire Department $8,735,240
d. Board of Public Works $9,141,308
e. Mayor's Office $265,544
f. Department of Law $247,864
g. Plan Commission $190,312
h. Dept. of Community Services $809,269
i. Department of Administration $799,832
j. City Court $310,803
k. City Council $4,050,338
1. Clerk-Treasurer's Office $369,595
Ordinance D-1383-98/MVIt Fund:
a. City Engineer's Office
b. Street Department
$3.026.658
$297,007
$2,729,651
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Ordinance D-1384-98/Local Road & Street $1,124,000
Ordinance D-1385-98/Cum Cap Improvement $169,800
Ordinance D-1386-98/Cum Cap Sewer $733,600
Ordinance D-1387-98/Law Enf Cont Education $33,000
Ordinance D-1388-98/Cum Cap Development $2,258,000
Ordinance D- 1389-98/Lease/Rental $1,218,350
Ordinance D-1390-98/Police Pension $294,774
Ordinance D-1391-98/Fire Pension $335,716
Ordinance D-1392-98/Law Enf Aid Fund IX $309,500
Total $41,897,989
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NEW BUSINESS
a. Resolution CC-08-17-98-01/Resolution Approving Payment of Construction Costs for
Hazel Dell Parkway ($713,358.44); Kate Boyle, City Engineer
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
CARMEL CITY COUNCIL MEETING MINUTES
MONDAY, AUGUST 17, 1998 --7 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT: Mayor James Brainard, Council President Robert Battreall; Councilors Kevin
Kirby, Jim Miller, Norm Rundle, Luci Snyder, Ron Carter and Billy Walker. Clerk-Treasurer Diana
Cordray and Deputy Clerk Rebecca Martin also attended.
Mayor Brainard called the meeting to order at 7:02 p.m. Councilor Miller gave the invocation. Mayor
Brainard led the Pledge of Allegiance.
APPROVAL OF MINUTES: Councilor Rundle moved to approve the July 16, 1998, budget hearing
minutes. Councilor Walker seconded. Councilor Battreall moved to amend the total listed for Board of
Public Works Budget from $8,041,308 to $9,141,308 and to replace the phrase according to his Curt
Coonrod, his fiscal advisor with the phrase according to his fiscal advisor, Curt Coonrod. The
amendment was approved 7-0. The July 16 minutes, as amended, were approved 7-0.
Councilor Battreall moved to approve the July 30 and August 3, 1998, meeting minutes. Councilor
Rundle seconded. Councilor Battreall moved to amend the minutes to correct a statement Barbara Lamb,
the Human Resources director, had accidentally made in response to a question by Councilor Carter.
Councilor Carter had asked Ms. Lamb about the differences in pay among Administrative Assistants I, II
and III, but Ms. Lamb responded to Councilor Carter as if he had asked only about differences in pay
among Administrative Assistant I's. Councilor Miller seconded. Councilor Snyder asked for clarification
of the amendment. Councilor Battreall explained Ms. Lamb's request. Councilor Carter stated he
preferred to leave the minutes as they were because the minutes were supposed to be an accurate record
of what was spoken at the meetings, not of what was meant to be spoken. He stated that he would rather
have a councilor clarify the issue under Agenda Item 6--Council, Mayoral and Clerk-Treasurer
Comments/Observations than amend the minutes. Councilor Battreall withdrew his motion. Councilor
Miller withdrew his second. The July 30 and August 3 minutes were a_nproved 7-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Thomas Harleman. 11080 Willowrnere Drive, stated the mayor lied to several television stations by
teliing them the City had held 70 public information meetings for the Monon when the City had held
only three, criticized an IUPUI study on the wants and needs of Carmel Clay residents and stated he was
against the Mounn railway line being converted into a linear park. He also stated the City had not
solicited adequate input from homeowners along the trail.
Sallie Nyhart Peeler, 1136 Hialea Court, handed a letter to Clerk-Treasurer Curdray to be attached to the
minutes (Ex~l~i~it A), asked the mayor to respond in writing to the letter, and criticized the City for not
prowdmg t~ith the master plan for parks.
Peggy Box. 130 First Street NW, stated she and her family were looking forward to the development of
the Monon railway into a linear park and that the Monon Trail was part of why they bought their house.
Lance Hatting, 641 First Avenue N-W, stated he was in favor of the Morion Trail.
Paul Bolin, 1217 Donnybrook Drive, stated his property was adjacent to the proposed Central Park site
and that he was in favor of its development and the development of other parks in Cannel.
Amy Harting, 641 First Avenue NW, stated she was in favor of the Monon Trail.
Dolly Croft, 4988 St. Charles Place, stated she was an avid cyclist who used the Indianapolis portion of
the Monon Trail quite often and was looking forward to cycling on the Monon Trail in Carmel.
ELECTED OFFICIALS' COMMENTS AND OBSERVATIONS: Councilor Carter stated he had
bicycled on the Monon Trail to the State Fair and had talked to other families from Carmel who had
done the same. He stated the Monon was an appropriate use of commnnity money, and that Mr.
Harleman had had many opportunities to participate in the Monon planning process. Councilor Carter
explained that the master plan for parks that Ms. Peeler discovered this past weekend was put together
publicly. He also stated that linear trails were accepted nationwide.
Councilor Battreall stated he had talked to several residents who had bought their homes in Old Town
Cannel specifically so they could live near the Morion Trail. Councilor Snyder stated the City had held
more than three public information sessions regarding the Monon because she had attended five of them.
Councilor Miller stated that his constituents were in favor of the Monon Trail. Councilor Kirby stated
that any forward-thinking community was going to have a master plan and that it was the homeowner's
responsibility to know what was going on in the City. Mayor Brainard addressed Mr. Harleman, who
had been repeatedly asking for an opportunity to address the council a second time, that this was not the
time for public comment, but was the agenda item for council, mayoral and clerk-treasurer comment.
Mayor Brainard explained that he did not tell the media the City had held 70 public information sessions
specifically for the Monon Trail, but that anyone wishing to comment about the Monon Trail had had 70
opportunities to address the issue. He also stated the local newspaper had been printing articles about the
idea of developing the Morion Trail for about six or seven years, and that homeowners carried the
burden to stay abreast of the City's actions.
CLAIMS: Councilor Snyder moved to approve claims in the amount of $534,233.91. Councilor Rundle
seconded. Claims were approved 7-0.
COMMITTEE REPORTS: Councilor Battreall gave an update on the Year 2000 (Y2K) Assessment
Committee's findings. He stated the committee should have an idea by next week of the costs to ensure
the City will be Y2K compatible. Councilor Kirby stated he had been attending the Central Indiana
Regional Transportation Vision Plan meetings at the request of Council President Battreall and had been
asked to serve as vice co-chairman of the group. He stated he would keep the council updated on the
committee's accomplishments. Councilor Snyder announced several items listed as public hearings on
the next several Plan Commission agendas. Clerk-Treasurer Cordray stated the computerized inventory
the City had put together last year was a great help to the Y2K consultanm She commended department
directors for helping her and her staff assimilate the inventory.
OLD BUSINESS: Mayor Brainard announced the Fire Chief's request for Permission to Use Additional
Funds from the EMS and Fire Capital Fund to pay for twO squad vehicles ($215.000) and stated the
chief requested the item to be tabled because he was still investigating his options. Councilor Miller
moved to table the request. Councilor Battreall seconded. The request was tabled 7-0.
Councilor Walker moved to introduce Ordinance D-1374-98. adoption of a supplement to the Carmel
City Code. Councilor Snyder seconded. Councilor Rundle read a memo from the city attorney
recommending the council approve the ordinance. The city attorney stated in his recommendation that
he had received the corrected pages from the codification company, and they now conformed to the
ordinances passed by the council. Ordinance D-1374-98 was approved 7-0.
Mayor Brainard announced Ordinance D-1376-98. an amendme~at to Section 2-42 of the Carmel City
Code (Sick Leave). There was no discussion. Ordinance D-1376-98 was approved 7-0.
Mayor Brainard announced Ordinance D-1377-98. an amendment to Section 2r38 of the Cannel City
Code (Medical Insurance Premiums). Councilor Rundle asked if the mayor would explain the intent of
these ordinances for the public. The mayor asked Barbara Lamb, Human Resources director, to address
the council. Ms. Lamb explained that Ordinance D-1376-98 changed the sick leave policy for City
employees in a way that would reward those who didn't use their sick time, but wouldn't hurt those who
needed to use sick days because of illness. Ms. Lamb also explained the b~nefits of the disability plan
approved in ordinance D-1378-98, and talked about Ordinance D-1377-98, an ordinance causing the
City to pay part of medical insurance premiums for retired City employees who have worked for the
City for at least 20 years. Councilor Rundle stated the City's actions in Ordinance D-1377-98 were
consistent with changes occundng in private business. Councilor Kirby stated the City was trying to
provide increased benefits to employees by these ordinances and that most employees viewed these
implications of these ordinances positively. Ordinance D-1377-98 was a_nproved 7-0.
Mayor Brainard announced Ordinance D-1378-98. repeal of Sections 2-66 through 2-71 and addition of
Section 2-40 to the Carmel City Code (Civilian Disability Plan]. There was no discussion. Ordinance D-
1378-98 was approved 7-0.
~.~: Councilor Walker moved to introduce Ordinance G-192. annexation of Brooks
I,~i~g~. Councilor Rundle seconded. Ken Alexander of Brenwick development described the
parcel requested to be annexed. He explained that the piece of land was surrounded on all sides by the
City.
Mayor Brainard opened the public hearing at 8:02 p.m. Seeing no one from the public who wished to
speak, the mayor closed the hearing at the same time. Councilor Walker stated he was glad to see a
property owner who wasn't opposed to being annexed or condenmed. Ordinance C-192 was carded over
to the next meeting.
Mayor Brainard relinquished the chair to Council President Battreall. Councilor Battreall asked for a
motion to introduce the 1999 budgets. Ordinances D-1382-98 through D-! 392-98. Councilor Snyder
moved to introduce the budgets. Councilor Walker seconded. Mayor Brainard stepped down to the
podium to address the council.
The mayor explained he was going to propose a resolution at the September 14 meeting that would cap
the 1999 tax rate at 8 percent less than the 1998 rate. He stated he had reviewed the history of the surplus
in all City funds and had projected what the surplus would be in later years. He stated that if council
approved the budget being discussed tonight, the City's operating balance would fall to about $2.5
million. He stated the other City funds would maintain a surplus of $20 million. The mayor explained
that the amounts in the funds fluctuated but that the City currently had a balance of $27 millions-S5.5
million of which was in pension funds.
The mayor explained that inflation had increased about 3 percent and that the City had grown about 6
percent according to the 1996 Special U.S. Census. He explained that the "daytime" population also had
increased. The mayor stated the proposed operations budget had increased less than 9 percent. As for the
large increase in the overall budget, he stated this was because of increased transportation projects and
money for a central park. The mayor explained the public would have an opportunity to comment
tonight and at the next meeting on September 14.
Councilor Battreall opened the public heating at 8:12 p.m. Seeing no one from the public who wished to
speak, Councilor Battreall closed the heating at 8:13 p.m.
Councilor Miller stated he believed infrastructure projects were a good idea. He stated the budget had
almost doubled in two years. Councilor Snyder explained that this mayor and council had implemented
many of the studies and finished others that had been started during the previous administration. She
explained that most of the City departments' budgets came out of the General Fund budget
($32,394,591) and that the council had to approve all of the budgets or none of them.
Councilor Snyder stated that now was the time to begin many of the infrastructure projects included in
the Board of Public Works budget. She explained that in previous years the council had approved small
budgets and allowed for many appropriations throughout the year, but that this year the council was
looking to approve bigger budgets, limiting appropriations. She stated she was concerned the council
would not be able to track expenditures without having projects come before them as appropriations.
Councilor Snyder also stated she was concerned about credibility, citing the secret tax increase of 1996
and the $32 million bond issue in which councilors were incorrectly told they could not have control
over the project once they approved the bond issue. She explained she was concerned with approving the
Board of Public Works budget for $9 million and the council budget that included $4 million for parks.
She stated she wanted to keep a handle on large pools of money. Councilor Snyder also criticized the
mayor for spending $1.2 to $1.4 million to accelerate the completion date of Hazel Dell Parkway and
adding roundabouts to the design without informing most members of the council.
Councilor Kirby stated he also was concerned about approving a large budget, even though he supported
the $4 million for parks. In regard to the small increase in the operations part of the budget, he stated he
hadn't expected those costs to increase proportionate with inflation and the growth of the City because
of economies of scale and the probability that local inflation wasn't 3 percent. Councilor Kirby stated he
also felt like he was misled about some of the projects undertaken by the City. He stated he didn't think
some of the projects scheduled for next year would get finished. He suggested putting line items in the
budgets for specific projects to help track money spent on them. Councilor Kirby stated he wanted to see
a more thorough explanation of road projects and a breakdown of the budget into operation and capital
expenditures.
Councilor Carter stated that in 1995, the previous council approved the 1996 budget, but then rescinded
it and replaced it with a smaller budget. He stated that the secret tax increase made in 1996 to which
Councilor Snyder referred was not an increase f~om the original budget passed by the previous council.
Councilor Carter stated that Councilor Kirby had talked in favor of lower tax rates. He asked Councilor
Kirby how he expected the City to pay for some of the projects he was recommending be pulled from
this budget and put into the following year's budget--would the City have to raise taxes the following
year to get the projects back on line? Councilor Kirby stated he was in favor of lower property tax rates,
but believed the City could save money if it planned properly instead of rushing the projects. Councilor
Carter again asked if the City would have to raise taxes next year. Councilor Kirby said taxes would not
need to be raised, the City would pay as it went, and would maintain a larger surplus than the $2.5
million.
Mayor Brainard addressed Councilor Snyder's concern about roundabouts being placed at two
intersections in Hazel Dell Parkway. He explained that in January 1997 at a public meeting at Cherry
Tree School, a member of the public asked if roundabouts could be placed at every intersection in Hazel
Dell Parkway. He stated the engineer for the project began working them into the design immediately.
The engineer recommended roundabouts be placed at 126~ Street and 131st Street because the
roundabouts were cheaper and superior to traffic lights at these intersections, but not at 96% 116~ or
146~ streets. The mayor explained the roundabouts were incorporated into the plans prior to the vote on
the bond, and stated the Indianapolis Star published a story referring to them as circular intersections.
He stated the roundabouts were not meant to be a secret. Councilor Snyder explained that several of the
councilors didn't know about the roundabouts. Councilors continued to discuss their knowledge of
various infrastructure projects and the amount of input they should have in regard to them.
Councilor Rundle stated he was unaware of the roundabouts and wished he had been informed of them
since they were in his district. He stated he wasn't sure if he was comfortable with a budget that left only
$2.5 million in the operating balance. He suggested taking the middle ground in regard to the size of the
budget, but stated the budget was developed with fiscal prudence. Councilor Walker stated he didn't see
anything wrong with the budget or with the projects included in it. He stated the City should keep the tax
rate low, but needed to maintain Carmel at a level taxpayers expected. Councilor Walker also stated that
116th Street south of Merchants Square should be expanded immediately. Councilor B attreall stated the
mayor always has been available to discuss projects and the council shouldn't try to micromanage his
office. He agreed the budget could probably be cut. The !999 budgets. Ordinances D-1382-98 through
D-1392-98 were carded over to the next meeting.
NEW BUSINESS: Councilor Miller moved to approve Resolution CC-08-17-98-01. a resolution
approving pa_vment 0f construction costs for Hazel Dell Parkway ($713.358.44). Councilor Rundle
seconded. Resolution CC-08-17-98-0! was approved 7-0.
Councilor Miller recommended the City contact NetCom to help organize the City's LAN system and
handed a copy of a letter regarding NetCom's work for the City of Noblesville to councilors, the mayor
and the clerk-treasurer. Councilor Carter stated he was concerned the City's web site was not very good
and that the City needed to get it running. Mayor Brainard announced the web site's address and stated
that it was up and running.
Councilor Kirby commended the mayor on how he handled the situation at the Carmel Motel. The
mayor commended City employees for their dedication and work during the incident.
Councilor Kirby moved to adjourn the meeting. Councilor Battreall seconded. The meeting was
adjourned 5-0 after the execution of documents at 9:08 p.m. CoUncilor Rundle and Walker had left the
room.
Respectfully submitted~,
clerk-Treasure~rdray, IAMC
Attest:
Clerk-Treasurer Diana L. Cord~ay,
yayor James Brainard
BRADLEY ALLEN PEELER AND SALLIE NYHART PEELER
TO:
FROM:
SUBJECT:
DATE:
MAYOR J2kM~ES BRMNARD 2kND ME,MlSERS OF THE CARMEL CITY COUNCIL
SALLIE NYHART PEELER
PROPERTY RIGHTS CONCERNING THE PROPOSED MONON TRAIL PROJECT
05/04/98
MAYOR AND MEMBERS OF THE COUNCIL:
MY HUSBAND BRAD AND MYSELF ARE NOT AGAINST PARKS! I AM HERE AS A
VOICE OF MY FAMILY TO PROTECT OUR PROPERTY RIGHTS AND TO PUBLICALLY
REQUEST YOU TO STOP OR POSTPONE THE "PROPOSED MONON TRAIL PROJECT".
The city of Carmel and its council Mr. Herin/ Price and Fils associates have sent erroneous and
misleading information to the media and us. In some instances, they have sent no information at all.
Our demands as property owners have not been met or not addressed. This did not start yesterday.
It started the day we read Micbelle Barbercheck's amde in the "Indianapolis Star/News, Inside
Section" Wednesday, December 4, 1996(copy enclosed), where Mayor Brainaxd was quoted as saying
"the wheels are in morion to offer adjacent landowners cash for their parcels at $22,399.76/acre. A
judge determined that price to be fair." No surname was attached to the tide of judge. The article
goes on to say that "Indianapolis attorney Henry Price is working for the City of Carmel, on the
Morion Trail Project" and that he xvas working to lind out whom indeed owned the abandoned
railroad right of way. Judy Hagan, Carmel Parks Board President, was also quoted as saying: "an
entire community is sitting waiting for this to be done. tt is probably the #I priority in the
community." That article gave my husband and me great pause. We cut out the article for future
reference. Not one person had contacted us regarding this fantastic project, which was in such
demand, and certainly, we thought, someone would contact us shordy. The article stated that Mayor
Brainard hoped the buy-out would be completed in the first few months of 1997. We also thought
the article must be in error. Certainly, no one would offer us far less for our property than its original
purchase price in 1988. We also assumed the raikoad property would revert to us as well, because
nothing was mentioned at the closing of our property as to CSX owning adjacent property, through a
title search. Therefore, it would be just a matter of time before someone from the Carmel Parks
Board would call on us to tell us about this wonderful project. Not one person came, only legal
documents.
The first one that came was an "Order on Joint Motion for Approving Entry upon Land by
Registered Land Surveyor". We received this document, on aprox. 24 Feb, 1997(Copy enclosed).
Certainly, we thought, contact from The City of Carmel would be soon forthcoming, as they would
be su~eyiug our land and find out that our land was womb far more than the above stated amount.
Not one person contacted us.
In early November 1997, "Legal Notice of Public Hearing" was sent to, us (copy enclosed). This
document stated that" the purpose of the public hearing was to discuss environmental impact
incident to the acqnisirion of real estate for a proposed bike/pedestrian tra/l on the abandoned CSX
railroad line in Hamilton County, Cry Township". My husband and I xvere both employed full-me
and caring for our very young child with Special Needs. We could not attend this meeting. If this
meeting proved to be important, we probably would hear the results of their "Environmental"
discussions. We did not receive any results fi:om that "Public Hearing" and no one still bad
contacted us as to this proposed project, except by this Legal Document.
On about March 7, 1997, we received the OFFICAL NOTICE OF CLASS ACTION, sent to us by
Henry Price, Esq. of Price and Findling. (Copy enclosed). This document identified us as members
of a subclass, to "quiet" ride against CSX Transportation, Inc. and to recover money dan~ges for
hndowners whose fide, was allegedly slandered by CSX. This is where our confusion and frustration
really begins. This legal document mentioned above sent to us by Henry Price, describes many
things, in particular, it states 2 independent appraisals had been received where our collective
properties along the trail were valued at approximately $23,000.00/acre. This "Notice of Chss
Action" went on to say that they wanted one third of any money we were to receive from the City of
Carmel, because of all the ~vork they bad done on "our" behalf. That ~vould mean they would receive
aprox. $7660.67 an acre. This troubled my husband and myself, because in the previously mentioned
article, in the Indianapolis Star/News, Mr. Price was quoted to be "legal Council" for the City of
Carmel. In the same article, he said, "if a hndowner declines the dries offer, they will have to handle
the dispute on their own." It seemed to us at the time and still to this day unusual that Mr. Price
could represent the City of Camael and the landowners. Was this a conflict of interest? We thought
so, Perhaps the Mayor and the Carmel City Council need to ask their legal council to took into why
or how an attorney could represent the owners of land and an entity that wants to take it away.
We gave the City of Carmel and Mr., Price time, perhaps someone; maybe Judy Hagan witl contact
the landowners regarding the "Proposed Morion Project". Not one person contacted us, not the City
of Carmel, The City ptannmg Commission or The Department of Parks and Recreation where Judy
Hagan is the President and seemingly so anxious for this project to proceed, as it was the #1
community priority. Why we wondered had they not contacted us, this project directly affected us.
We continued to wait.
The SECOND OFFICIAL NOTICE OF CLASS ACTION(copy enclosed) arrived by certified mail,
May of 1997. Questions were to be addressed to Henry Price, Greg Gordon or Deborah Pook of
Price & Findling or Nels Ackerson, Lyxm Bulan or Gabriel Cairo of The Ackerson Group, Chartered
in Washington, D.C. This document stated that the first notice was sent to us on December 31,
1996, that is not the case, the first document from Mr. Price is dated March 7, 1997 as per an
accompanying letter, with that document (enclosed). This document has similar information as the
first document of notice, regarding payment for land, but also gave us the option to refuse the City
of Carmel's $23,000.00/acre offer.
We hired Frederick D. Emhardt, Esq. of Plews Shadley Racher & Braun on 8 May 1997 to refuse
the City of Carmel's Offer to buy our land. Written notice was sent by Mr. Emhardt on 8 May 1997
before the last date to notify refusal of 9 May 1997(Copy enclosed). We thought this will be great,
the City of Carmel will have to send information to Mr. Emhardt and we wilt finally figure out some
things. The legal mumbo-jumbo will come clear because our council will have legal papers first and
explain it to us.
We still receive letters from Mr. Price and his law firn~ Still to this day, it has not registered to him or
the City of Carmel that we have independent legal council concerning the acquisition of our property
to the City of Carmel. Enclosed are all the pieces of correspondence to and from the Price Law
Firm, The City of Carmel and us as landowncrs. The most amaZing letter enclosed is a letter to us
from Mr. Price's law firm. Where it states, "This is to acknowledge receipt of your letter and/or post
card indicating your willingness to consider conveying the portion of your property that is part of the
abandoned raikoad corridor to the City of Carmel once certain conditions are met." I have to tell
you t almost fainted in disbelief when I read that. I called my husband; he said, "No such letter and
or post card was ever sent to them with that conveyance." I just could not believe it. I had now
concluded that these peopte were just not aware of what was going on around them, I sent a letter
back to Mr. Price's firm stating I wanted to have a copy of that letter/and or post card, as I did not
send anything like that to them, I do not believe they can lind that mail, as it does not exist. Other
landowners have received this strange letter too; again, it might be wise to look into this matter. It
seems you need to get together with Mr. Price's office and the Parks Board and put together a "time
Line" where you can compare what has been sent out, received and sent out again. Does that seem
to be unreasonable?
Perhaps you can sense that a level of frustration is mounting. This whole thing is a mess! You folks
do not seem to have your act together. The Parks Board has seemed to be the dhviug force behind
this project; doesn't it seem reasonable of us to ask The Parks Board, The City of Carmel and the
Cry Township Board to furnish us with information in a "reasonable and timely" manor, as xvell as
advise us as to where and when concerns or questions could be addressed? I do not believe it is my
phce to be "proactive" ia this action. It is YOUR collective responsibility, The City of Carmel, its
Council, The Parks Board and the Cry Township Board's job to resolve situations that seem to be in
conflict. The landowners that abut this so-called "Proposed Munun Trail" are not in the wrong.
You are. If you had phyed your cards right you could have had help resolving some issues but Judy
Hagan and her friends never contacted us, not once! It nmkes you wonder how effective she would
be as Cry Township Trustee. Certainly not one that puts much thought into planning things or
contacting citizens regarding things that affect them direrfly, that is clear. We have contacted them
though to get information. We, as a group of property owners who own the land where you want to
put this park initiated the informational meeting in March. I wonder where our invitations were to
the plarmmg parties that involved completing the Munun Project design, that is to be in our
backyards. Maybe, it did not matter to Mrs. Hagan and the other members of the Parks Board,
because she was going to get this Proposed Park done. The Mayor wanted it and it does not matter
what it costs, or the lives of landowners that will have a 24-honr a day change, forever. It seems
strange that all the landowners have received is legal papers not answers as to xvhat this proiect is
really about.
In closing, I want to remind you of what I stated at the begirming of this statement. WE ARE NOT
AGAINST PARKS. We are against the way you are going about this project. Be responsible
government leaders and accountable for your actions. When was the last time you walked the entire
length of the "Proposed Monon Trail"? Perhaps you did before your election in 1995, but I am
asking you to walk it now, the entire length. Why don't you do this just yourselves, The Mayor, the
City Council and Advisory Board, you are our elected officials, the ones that can md should put a
halt to tiffs project. Walk the whole 50 blocks from 96~ Street to 146ts Street. Ask yourselves is the
whole 66 feet needed? Look at how the 33 feet of property taken on either side will impact the folks
that live there. Hoxv would only 20 dedicated parking spots affect parking along the "Proposed
Park"? Will that be a problem? Ask questions of yourselves and the property owners. You need to
listen. Prove to us that you can listen and put this project on hold until you have made solid plans
with the citizens most effected. Follow the Clay Township Board's lead and put a stop on this
project now. Why are you in such a hurry? Is careful planning with citizen input not important? It
is mandatory, it is our tax dollars. A park now, at any price, is ludicrous!
Thank-you