HomeMy WebLinkAboutCCM-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
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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.
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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
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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):
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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
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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.
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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
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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.
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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).
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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.
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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
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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".
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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.
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