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Home My WebLink AboutCCM-06-19-06 City of Cartnel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, JUNE 19, 2006 - 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. June 5, 2006 Regular Meeting b. June 7, 2006 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERV ATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS . Payroll · General Claims . Retirement 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 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-1414 I 10. OLO BUSINESS a. Sixth Readinl! of Ordinance 0-1799-06; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Pertaining to Bidding on Certain Public Works Projects (Section 2-183, Immediate Family Bidding Restriction On Public Works Projects); Sponsor(s): Councilor(s) Glaser and Sharp. b. Second Readinl! of Ordinance D-1810-06; An Ordinance oftheCommon Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-161(b)(3) and 6-161(c)(I) of the Carmel City Code (No Smoking); Sponsor: Councilor Griffiths. c. Second Readinl! of Ordinance D-1811-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Council District Boundaries; Sponsor(s): Councilor(s) Sharp, Glaser, Griffiths, Kirby and Mayo. d. Fifth Readinl! of Ordinance Z-489-06; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Rezoning District Classification, Rezoning the Property Located Southwest ofthe Intersection of Main Street and Old Meridian Street from Old Meridian/Special Use (OM/SU) and Old Meridian/Single Family Attached (OM/SFA) to the Old Meridian Mixed Use (OM/MU) Classification (Centex Homes-Old Meridian); Sponsor: Councilor Glaser. e. Second Readinl! of Ordinance Z-492-06; An Ordinance ofthe Common Council ofthe City of Carmel, Indiana, Establishing the Village Green Plauned Unit Development District (Village Green Townhomes - 211 West Smokey Row Road); Sponsor: Councilor Rattermaun. 11. PUBLIC HEARINGS a. First Readinl! of Ordinance D-1808-06; An Ordinance of the Comnion Council of the City of Carmel, Indiana, Vacating a Portion of a Public Right-Of-Way (Old Meridian Street): Sponsor: Councilor Rattermann. 12. NEW BUSINESS a. First Readinl! of Ordinance 0-1809-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating A Platted Right-Of-Way (Pearl Street - Rolling Meadows Subdivision); Sponsor: Councilor Sharp. b. First Readinl! of Ordinance 0-1813-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Deputy Prosecuting Attorney); Sponsor: Councilor Carter. 2 13. OTHER BUSINESS a. Second Readinl!: of Ordinance D-1782-05; An Ordinance of the Common Council of the City of Carmel, Indiana to Vacate a Segment of Right-Of-Way for River Road; Sponsor: Councilor Glaser. TABLED 12/19/05 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 06/19/06 C:C.Agcnda 3 I COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 19,2006 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members Kevin Kirby, Brian D. Mayo, Joseph C. Griffiths, Fredrick J. Glaser, Ronald E. Carter, Mark Rattermann, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:03 p.m. Pastor George Ferch, Bethlehem Lutheran Church of Carmel, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: I There were none. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of the June 5, 2006 Regular Meeting. Councilor Rattermann seconded. Councilor Griffiths asked for a clarification of verbiage on page three, line 49. Clerk-Treasurer Diana L. Cordray advised Council that the tape would be reviewed and the Minutes would be placed on the next agenda for approval. Councilor Mayo made a motion to approve the Minutes of the June 7, 2006 Special Meeting. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the question. The Minutes were approved 5-0 (Councilors Kirby and Mayo abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following individuals spoke in opposition to Ordinance D-1810-06 (No Smoking): I Bruce Calabrese Chris Meyer (Nippers II) Laura Stark John Moore Tammy Smith Nick Ohmer 792 Winter Court, Carmel, IN 46032 6730 Spirit Lake Drive, Carmel, IN 46032 303 Thornberry Drive, Carmel, IN 46032 POBox 1802, Carmel, IN 46032 29 W. Main Street, Indianapolis, IN 12250 Charing Cross, Indianapolis, IN 1 I I I The following individuals spoke in favor of Ordinance 0-1810-06 (No Smoking): Anita Wood Gaillard/IN Tobacco Prevention & Cessation Agency Sandy TynanIY orkshire Rose Pub Melissa Lewis/IN Academy of Family Physicians Tim Filler/Smokefree Indy, Hoosier Faith & Health Coalition 13775 Offutt Drive, Carmel, IN 46032 1305 E. 106th Street, Indianapolis, IN 46280 55 N. Meridian Street, Indianapolis, IN POBox 1657, Indianapolis, IN 46206 The following individuals representing Haverstick HOA addressed Council: Deborah Doodeman McCall Wirth Mike Hittesdorf Jeff Wertz Steve Williams (attachment 1) Bob Burton 5933 Alder Court, Carmel, IN 46033 13788 Flintridge Pass, Carmel, IN 46033 13841 Waywing Court, Carmel, IN 46033 5794 Annandale Drive, Carmel, IN 46032 13940 Sassafern, Carmel, IN 46033 5837 ArrowleafLane, Carmel, IN 46033 COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilors Sharp and Rattermann addressed the Haverstick homeowners concerns with the drop in water levels in the Haverstick ponds. Councilor Griffiths addressed Ordinance 0-1810-06 (No Smoking) and why he sponsored the ordinance. Councilor Carter responded to Mr. Calabrese's comments. Council President Sharp announced that the Council Meeting scheduled for Monday, July 3, 2006 will be cancelled. There will be a Special Meeting scheduled for July 6 or July 7. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of$2,874,178.93. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. Claims were approved 7-0. 2 COMMITTEE REPORTS: I Councilor Rattermann reported that the Finance, Administration and Rules Committee had not met. Councilor Glaser reported that the Land Use, Annexation and Economic Development Committee met and discussed Ordinance D-1811-06, which was sent to the full Council with a 2-2 recommendation, Ordinance Z-489-06 which was sent to the full Council with no recommendation and Ordinance Z-492-06, which was sent to the full Council with a 4-0 favorable recommendation. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. The next meeting will be held on Tuesday, July II, 2006 at 3:00 p.m. Councilor Kirby reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D-181 0-06, which was sent to the full Council with a 2-1 favorable recommendation. OLD BUSINESS I Council President Sharp announced the Sixth Readinl! of Ordinance D-1799-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Pertaining to Bidding on Certain Public Works Projects (Section 2-183, Immediate Family Bidding Restriction On Public Works Projects). Councilor Glaser made a motion to move Ordinance D-1799-06, As Amended, VERSION A - 6/8/06, into business. Councilor Rattermann seconded. There was brief Council discussion. Council President Sharp called for the question. The motion to move Ordinance D-1799-06, As Amended, VERSION A - 6/8/06. into business was approved 7-0. There was no Council discussion. Councilor Mayo made a motion to approve Ordinance D-1799-06, As Amended. Councilor Glaser seconded. Council President Sharp called for the question. Ordinance D-1799-06, As Amended, VERSION A - 6/8/06 was adopted 7-0. Council President Sharp announced the Second Readinl! of Ordinance D-1810-06; An Ordinance of the Common Council ofthe City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6-161(b)(3) and 6-161(c)(l) of the Carmel City Code (No Smoking). Councilor Griffiths addressed Council. Council President Sharp passed the gavel to Councilor Glaser to address the Council. Councilor Glaser called for the question. Ordinance D-1810-06 was defeated 3-4 (Councilors Kirhy, Mayo, Griffiths and Sharp opposed). Council President Sharp reclaimed the gavel from Councilor Glaser. I Council President Sharp announced the Second Readinl! of Ordinance D-1811-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Council District Boundaries. Councilor Glaser made a motion to move Ordinance D-1811-06, As Amended, VERSION B - 6/8/06, into business. Councilor Rattermann seconded. There was brief Council discussion. Council President Sharp passed the gavel to Councilor Glaser to address Council. Councilor Glaser called for the question. The motion to adopt Ordinance D-1811-06, As Amended, VERSION B - 6/8/06. failed 2-5 (Councilors Kirby, Mayo, Griffiths, Sharp and Carter opposed). Council President Sharp reclaimed the gavel from Councilor Glaser. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1811-06 was adopted 4-2 (Councilors Glaser and Rattermann opposed), (Councilor Carter did not vote). 3 I I I Council President Sharp announced the Fifth Readine: of Ordinance Z-489-06; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Rezoning District Classification, Rezoning the Property Located Southwest of the Intersection of Main Street and Old Meridian Street from Old Meridian/Special Use (OM/SU) and Old Meridian/Single Family Attached (OM/SFA) to the Old Meridian Mixed Use (OM/MU) Classification (Centex Homes-Old Meridian). Councilor Glaser addressed Council. Jim Shinaver, Attorney, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, IN 46280, addressed Council. Also in attendance were Ed Hackett, JeffPape and Jon Isaacs from Centex Homes. There was extensive Council discussion. Council President Sharp passed the gavel to Councilor Glaser to address Council. Councilor Glaser called for the question. Ordinance Z-489-06 was defeated 3-4 (Councilors Mayo, Griffiths, Sharp and Carter opposed). Council President Sharp reclaimed the gavel from Councilor Glaser. Council President Sharp announced the Second Readine: of Ordinance Z-492-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Village Green Planned Unit Development District (Village Green Townhomes - 211 West Smokey Row Road). Councilor Rattermann referred to Jim Shinaver, Attorney, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, IN 46280 to address Council. There was brief Council discussion. John Talbott, Drees Homes, 6650 Telemon Drive, Indianapolis, IN., addressed Council. Bruce Skare, Bay Development, addressed Council. Councilor Mayo made a motion to approve Ordinance Z-492-06. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance Z-492-06 was adopted 7-0. PUBLIC HEARINGS Council President Sharp announced the First Readine: of Ordinance D-1808-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating a Portion of a Public Right-Of-Way (Old Meridian Street). Councilor Kirby made a motion to move this item into business. Councilor Griffiths seconded. Councilor Rattermann presented this item to Council and referred to Paul Reis, Attorney, Bose McKinney & Evans, 600 E. 96th Street, Suite 500, Indianapolis, IN 46240, for a presentation to Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 8:30 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 8:30:30 p.m. Councilor Kirby made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Glaser seconded. There was brief Council discussion. Council President Sharp called for the question. The motion was approved 7-0. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1808-06 was adopted 7-0. NEW BUSINESS Council President Sharp announced the First Readine: of Ordinance D-1809-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating A Platted Right-Of-Way (Pearl Street- Rolling Meadows Subdivision). Councilor Rattermann made a motion to move this item into business. Councilor Mayo seconded. Council President Sharp passed the gavel to Councilor Glaser to present this item to Council. There was no Council discussion. Councilor Rattermann made a motion to suspend the rules and not send this item to committee. Councilor Griffiths seconded. Councilor Glaser called for the question. The motion was approved 7-0. 4 I I I Council President Sharp reclaimed the gavel from Councilor Glaser. Council President Sharp announced the First Readinl! of Ordinance D-1813-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Deputy Prosecuting Attorney). Councilor Carter made a motion to move this item into business. Councilor Mayo seconded. Councilor Carter presented this item to Council and referred to Carmel Chief of Police, Mike Fogarty, to address Council. There was brief Council discussion. Councilor Kirby made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Mayo seconded. Council President Sharp called for the question. The motion was approved 7-0. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1813-06 was adopted 7-0. OTHER BUSINESS Second Readinl! of Ordinance D-1782-05; An Ordinance of the Common Council ofthe City of Carmel, Indiana to Vacate a Segment of Right-Of-Way for River Road; Sponsor: Councilor Glaser. TABLED 12/19/05. This item remains Tabled. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting at 8:45 p.m. ADJOURNMENT Respectfully submitted, Clerk-Treasurer Diana Approved, ATT~21' Clerk-Treasurer Diana L. Co dr y, IAMC 06i19/06CC Minlltes 5 ....f. " Remarks to Plan Committee and/or City County Council June 19,2006 1. Centex knew exactly what the site was like prior to construction in 1996. Soil boarings and geological information did not hide the fact this property was built on an aquifer. Close to the White River and several large gravel pits. Even the most experienced developer/or contractor would know what to expect and how to properly build lakes on a site like this. Let alone a large sophisticated developer like CenteX. 2. The low water issue is about lakes; these bodies of water were marketed as lakes and recorded with the county as lakes. The Centex marketing materials show full bodies of water in their renderings, and marketing their materials references these as lakes - not retention or detention. Centex even went further in their marketing formal to change premiums from 5,000/8,000 for lots directly on the water or with water views. (The math on premiums changed by Centex would be over 100 homeowners @ an average of $6,500 would equal $650,000, with a 5% interest on the original value over 8 years, it comes to almost $1,000,000.00.) Back in 2000 Centex estimated the cost to be between $400,000 and $600,000 to repair. Today they still only want to be responsible for up to $600,000.00. 3. Centex was formally approached by the residents of Haverstick in 1999 with regard to the Lakes. a meeting was held and Centex said they would investigate and get back "with us in a few months" and would also provide monthly updates. They did hold that meeting, over one year later on October 26, 2000. Also in 2000 Centex hired a professional Engineer to evaluate the problem and said they would share this study with the Neighborhood. We have askedfor this on several occasions. We also recently asked them to provide a scope of work for the repair. We have seen neither document and Centex recently told the Board they are not willing to give us the original report. Their last contact with the HOA before May of this year was August of2001. The essence of that letter to the Haverstick Residents was that Centex was still investigating . the matter with the Lakes. Centex also in that letter tried to reason why they did not line the Lakes was because "In the southern area of the community there was not enough clay soils ansite to construct a clay soil lined lake." This tells me they knew the Lakes should have had clay linings. In construction you try to balance the site from existing materials, but if this can not be done you either import more, or export the excess. 4. In 2000 Centex referred to the low water levels as an "eyesore". Today the lake levels are over 6 feet below the original shore edge, and continue to recede approximately 12" each year. Their landscaping ideas are not practical. Their colored landscape renderings to replace water, look every bit as nice as the original SALES BROCHURES showing water. Because the water level is not stable and will continue to recede and not return, the proposed submerged vegetation will not survive. This will leave dead landscaping around mud holes. This idea comes from their experts; which will make them professional "eyesores". fI: riA c.H In ENI / (I) {}fJunc;/ mff" t /1 Cf /0(, '0.', It angers me that Centex has never accepted full responsibility. Pointing fingers at the City of Carmel, which they now say they never did, blaming dewatering (which is only a temporary issue), blaming both a lack of rain fall and high ground water. The DNR data going back to 1988 indicates stable water levels, even during last year when the City of Carmel was selling water to the City ofIndianapolis. Quotes from Centex that bother me: "We can do one of these new projects with or without an agreement, because it is already zoned and we have partners to step in for us." June 2006 "The soils are sandy in nature and therefore porous". Sept. 2000 - "This area of Carmel is very sandy." Nov. 2000- "This matter is very important to Centex" Nov. 2000 "We have to work together with the residents in resolving this in a timely manner". Aug. 1,2001- "Centex will Fund", May 2000 -Fore days later they want to charge the homeowners and not even fix all the lakes. "Clay lining and landscaping are the same cost" May and June of 2006 "Money is not a consideration" It disturbs me greatly that a corporation would spend tens of thousands of dollars on attorney fees and their own resources to reduce their exposure and delay the outcome when this time and monev would be better spent repairing what was originally a calculated risk on their part. They gambled and lost and now feel the residents of Haverstick should pay again and again by : a. Accepting less than they were promised. b. Extending for years and offering less than the home owners were promised or charged for. c. Enduring future construction hardships and to shoulder a financial burden beyond what Centex wants to pay for the repairs. Maybe if they slow walk this problem the people of Haverstick will get beaten down and accept even less. I do not think Centex understands the resolve of this Board and the residents of Haverstick. We truly appreciate the Council's concerns and interest in seeking the best for our community. ArrlfCHtrJls'-NT I (:2-) (} /)lAl1c i I m-l? "fJ'1fov