HomeMy WebLinkAboutCCM-10-03-11Office of the
Clerk- Treasurer
a. Payroll
b. General Claims
c. Retirement
9. COMMITTEE REPORTS
City of Carmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, OCTOBER 3, 2011 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. September 19, 2011 Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS
7 ACTION ON MAYORAL VETOES
8. CLAIMS
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
e. Report from the Council Appointee to the Redevelopment Commission
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414
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10. OLD BUSINESS
a. Third Reading of Ordinance D- 2051 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2 -40
(Compensation) of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and
Rider. Remains in the Finance, Administration and Rules Committee (10/20/11).
b. Second Reading of Ordinance D- 2056 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Appropriations for the 2012 Budget; Sponsor:
Councilor Seidensticker. (Notice Published 9/1/11 and 9/8/11 for $112,074,356). This
item was set aside.
c. Second Reading of Ordinance Z- 551-11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Removing the Sunset Provision of the Carmel Drive -Range Line
Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider.
Remains in the Land Use, Annexation and Economic Development Committee.
d. Second Reading of Ordinance Z- 552 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Extending the Sunset Provision on the Process for Demolition of
Contributing Buildings of the Old Town District Overlay Zone in the Carmel Zoning
Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and
Economic Development Committee.
e. Resolution CC- 09- 19- 11 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, To Set Taxes Payable in 2012 and Authorization of Borrowing Between
Funds; Sponsor: Councilor Seidensticker. THIS ITEM WAS SET ASIDE.
11. PUBLIC HEARINGS
12. NEW BUSINESS
a. First Reading of Ordinance D- 2055 -11; An. Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 6 by Adding to Article 4 a New Section to the
Carmel City Code Identified as §6 -69 (Possession of Deadly Weapons and Destructive
Devices Prohibited in City Hall); Sponsor(s): Councilors) Griffiths, Seidensticker, Sharp
and Snyder.
b. First Reading of Ordinance D-2057-11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Limiting the Purposes of Encumbered Funds (Amending Section
2-187 Encumbrances); Sponsor: Councilor Seidensticker.
c. First Reading of Ordinance D- 2058 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel,
Indiana, for the Year 2012; Sponsor(s): Councilor(s) Griffiths, Seidensticker, Sharp and
Snyder.
d. First Reading of Ordinance D- 2059 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing an Amendment to the 2006 COIT Bond and
Transferring Proceeds to paving ($3,000,000); Sponsor: Councilor Seidensticker.
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e. First Reading of Ordinance D- 2060 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, By the Carmel Economic Development Commission
($130, 000, 000 The Barrington of Carmel Project); Sponsor: Councilor Snyder.
f. First Reading of Ordinance D- 2061 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -51 (Backing Into Parking
Spaces Prohibited) to the Carmel City Code and Amending Chapter 8, Article 5, Section
8 -45 (General Provisions); Sponsor: Councilor Sharp.
g.
10/03/11 CC Meeting Agenda
Resolution CC- 10- 03- 11 -01; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving a Transfer of Funds by the City of Carmel, Department of
Administration ($31,000); Sponsor: Councilor Seidensticker.
Resolution CC- 10- 03- 11 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, To Ratify and Approve the 2012 Scheduled Increase ($1,387 to $1,526)
in the Carmel Parks and Recreation Impact Fee; Sponsor: Councilor Rider.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
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COMMON COUNCIL
MEETING MINUTES
MONDAY, OCTOBER 3, 2011 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President W. Eric Seidensticker, Council Members Richard L. Sharp,
John V. Accetturo, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk- Treasurer Diana L. Cordray and
Deputy Clerk Treasurer Lois Fine.
Councilor Griffiths was not in attendance.
Mayor Brainard opened the meeting at 6:03 p.m.
Pastor Bill Keith, St. Mark's United Methodist Church, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
I RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Snyder made a motion to approve minutes from the September 19, 2011 Regular Meeting.
Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for
the vote. Minutes were approved 6 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
The following individuals addressed the Council regarding the SW Clay Crooked Stick drainage project:
Mike Shaver
Carol Schleif
Fred Yde
3799 Steeplechase Drive, Carmel, IN
10517 Hyde Park, Cannel, IN
2117 Burning Tree Lane, Cannel, IN
Lori. McCann, 20911 Edgewater Drive, Noblesville, IN, addressed the Council regarding the actions of
Carmel Police Officer Brian Hood.
COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor
Snyder also discussed the 106 Street bike paths on the East and West side of Cannel.
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Councilors Carter, Sharp and Seidensticker addressed the Council regarding the SW Clay Crooked
Sticker drainage project.
Mayor Brainard addressed Lori McCann. Mayor Brainard also addressed the 106 Street bike paths on
the East and West side of Carmel.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Snyder made a motion to approve claims in the amount of $1,511,659.05. Councilor Rider
seconded, There was brief Council discussion. Council President Seidensticker called for the vote.
Claims were approved 6 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next
meeting will be held on Thursday, October 20, 2011 at 5:30 p.m.
Councilor Sharp reported that the Land. Use, Annexation and Economic Development Committee had not
met.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Council President Seidensticker reported that the Utilities, Transportation and Public Safety Committee
had not met. The next meeting will be held on Monday, October 10, 2011 at 5:30 p.m.
Report from the Council Appointee to the Redevelopment Commission. No representative appeared.
OLD BUSINESS
Council President Seidensticker announced the Third Reading of Ordinance D- 2051 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II,
Section 2 -40 (Compensation) of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and
Rider. Remains in the Finance, Administration and Rules Committee (10/20/11). This item was not
discussed.
Council President Seidensticker announced the Second Reading of Ordinance D- 2056 -11; An
Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the
2012 Budget; Sponsor: Councilor Seidensticker. (Notice Published 9/1/11 and 9 /8 /11 for $112,074,356).
This item was set aside. Mayor Brainard addressed the Council. This item was not discussed.
Council President Seidensticker announced the Second Reading of Ordinance Z- 551 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Removing the Sunset Provision of the Carmel
Drive -Range Line Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider.
Remains in the Land Use, Annexation and Economic Development. Committee. This item was not
discussed.
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Council President Seidensticker announced the Second Reading of Ordinance Z- 552 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Extending the Sunset Provision on the Process for
Demolition of Contributing Buildings of the Old Town District Overlay Zone in the Carmel Zoning
Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic
Development Committee. This item was not discussed.
Council President Seidensticker announced Resolution CC- 09- 19- 11 -02; A Resolution of the Common
Council of the City of Carmel, Indiana, To Set Taxes Payable in 2012 and Authorization of Borrowing
Between Funds; Sponsor: Councilor Seidensticker. This item was set aside. This item was not
discussed.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D- 2055 -1 An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 6 by Adding to Article 4 a
New Section to the Carmel City Code Identified as §6 -69 (Possession of Deadly Weapons and
Destructive Devices Prohibited in City Hall). Councilor Sharp made a motion to move this item into
business. Councilor Snyder seconded. Councilor Sharp presented this item to the Council. There was no
Council discussion. Council President Seidensticker referred Ordinance D- 2055 -11 to the Utilities,
Transportation and Public Safety Committee for further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 2057 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Limiting the Purposes of Encumbered Funds
(Amending Section 2 -187 Encumbrances). Councilor Sharp made a motion to move this item into
business. Councilor Snyder seconded. Council President Seidensticker passed the gavel to Councilor
Snyder to present this item to the Council. There was no Council discussion. Councilor Snyder referred
Ordinance D- 2057 -11 to the Finance, Administration and Rules Committee for further review and
consideration.
Council President Seidensticker reclaimed the gavel from Councilor Snyder.
Council. President Seidensticker announced the First Reading of Ordinance D- 2058 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of
Carmel, Indiana, for the Year 2012. Councilor Snyder made a motion to move this item into business.
Councilor Sharp seconded. Councilor Snyder presented this item to the Council. There was brief Council
discussion. Clerk- Treasurer Diana L. Cordray addressed the Council. Council President Seidensticker
referred Ordinance D- 2058 -11 to the Finance, Administration and Rules Committee for further review
and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 2059 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to the 2006 COIT
Bond and Transferring Proceeds to paving ($3,000,000). Councilor Snyder made a motion to move this
item into business. Councilor Rider seconded. Council President Seidensticker referred to Steve
Engelking, Director of Administration, to present this item to the Council. There was brief Council
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discussion. Council President Seidensticker referred. Ordinance D- 2059 -11 to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 2060 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, By the Carmel Economic Development
Commission ($130,000,000 The Barrington of Cannel Project). Councilor Snyder made a motion to
move this item into business. Councilor Carter seconded, Councilor Snyder presented this item to the
Council. Mayor Brainard addressed the Council and referred to Bruce Donaldson, Attorney, Barnes
Thornburg, 11 South Meridian Street, Indianapolis, IN 46204. Mr. Donaldson referred to Stewart
Jackson, Operations Manager, Graystone Development, 6724 Gray Wolf Drive, Plano, TX 70524, to
address the Council. Council President Seidensticker referred Ordinance D- 2060 -11 to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 2061 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Section 8 -51
(Backing Into Parking Spaces Prohibited) to the Carmel City Code and Amending Chapter 8, Article 5,
Section 8 -45 (General Provisions). Councilor Snyder made a motion to move this item into business.
Councilor Carter seconded. Council President Seidensticker referred to Doug Haney, City Attorney, to
present this item to the Council. There was brief Council discussion. Mayor Brainard addressed the
Council. Council President Seidensticker referred Ordinance D- 2061 -11 to the Utilities, Transportation
and Public Safety Committee for further review and consideration.
Council President Seidensticker announced Resolution CC- 10- 03- 11 -01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the City of Carmel,
Department of Administration ($31,000). Councilor Snyder made a motion to move this item into
business. Councilor Rider seconded. Council President Seidensticker referred to Steve Engelking,
Director of Administration, to present this item to the Council. Councilor Rider made a motion to
approve Resolution CC- 10- 03- 11 -01. Councilor Sharp seconded. There was no Council discussion.
Council President Seidensticker called for the vote. Resolution CC- 10- 03 -11 -01 was adopted 6 -0.
Council President Seidensticker announced Resolution CC- 10- 03- 11 -02; A Resolution of the Common
Council of the City of Carmel, Indiana, To Ratify and Approve the 2012 Scheduled Increase ($1,387 to
$1,526) in the Carmel Parks and Recreation Impact Fee. Councilor Sharp made a motion to move this
item into business. Councilor Rider seconded and presented this item to the Council. Councilor Rider
made a motion to approve Resolution CC- 10- 03- 11 -02. Councilor Sharp seconded. Council President
Seidensticker called for the vote. Resolution CC- 10- 03 -11 -02 was adopted 5 -0 (Councilor Sharp
abstained). There was brief Council discussion.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENTS
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ADJOURNMENT
Mayor Brainard adjourned the meeting at 7:38 p.m.
Respectfully submitted,
ATTEST:
Diana L. Cordray, TAMC, lerk -T. easurer
10/03/11 CC Meeting Minutes
Clerk- Treasurer Diana L. Cordray,
Approved,
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mes Brainard, Mayor
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CRC Meetings
CARMEL REDEVELOPMENT COMMISSION
October 3, 2011
CITY COUNCIL REPORT
(Prepared for David Bowers and Brad Meyer 9/21/11)
The CRC held their regularly scheduled public meeting on Wednesday, September 21 at 6:30 p.m.
Upcoming Meetings:
o Monday, October 3, 2011 at 5:00 p.m. Special Meeting
o Wednesday, October 19, 2011 at 6:30 p.m. Regular Meeting
Financial Matters:
The end of month August CRC Operating Balance is $1,038,839
CRC Public /Private Partnerships:
1. City Center CRC /Pedcor LLC (Parcel #5)
a. Please see attached report from Signature Construction (Distributed at 9/21/11. CRC meeting).
b. Bids for Veterans Way Street plantings, bollards, street lights and benches were reviewed by the
Construction Manager and brought to the CRC for review and consideration. The CRC
approved the contract, subject to available funding, and contracts are being written.
c. The CRC staff is working with Pedcor to determine how to proceed forward with the way
finding signage for Veterans Way and the Motor Court.
d. The Motor Court Exterior wall contract is being reviewed and discussed by the Finance
Committee and was released August 1, 2011 for construction.
2. The Palladium (Parcel #7 -A)
a. A "rework" of the west exterior signage for the Palladium is being finalized and hopefully will
all be installed by the end of October.
b. The green roof has been installed at the north roof with finishing touches being completed.
Final coordination of the green roof and landscaping along the streetscape is being coordinated
by the landscape architect of the City Street Department.
c. Bids for the landscaping around the Palladium were reviewed by the Construction Manager and
brought to the Commission for their review and consideration. Bids were rejected for being
over budget. Construction Manager will re -bid the work in separate packages. The CRC staff
is working in coordination with CSO Architects and Shiel Sexton on the limestone planter bid
package and will bring results at the next regular CRC meeting.
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3. Center Green (Parcel #7 -B)
a. Trash cans and benches are on site at the Green. Skate Board "stoppers" are being installed on
the benches and this should be completed by 9/23/11.
b. Final punch list items are being completed.
4. Energy Center Piping Extensions to City Buildings (Parcel #7 -C)
a. The final underground work will be completed by the middle of October. This is still on
schedule.
b. The IT Department will temporarily relocate to Suite #250 in the Lurie Building during the
remodeling of their space on the 3rd floor of the Police Station. The ceiling on the 3rd floor is
poorly insulated and this is causing heat to escape in the winter and vice versa in the summer.
c. Work in City Hall has started with work beginning in the HR Department and half of the
Engineering Dept on 9/19/11. According to the project manager, work is going very smoothly
in the Fire Department. We hope that this continues on all buildings.
5. Main Stage Theater CRC, REI, Pedcor LLC and Signature Construction (Parcel #7C -1)
a. The Tarkington Theater is complete and opened! Civic Theater has moved into their new office
space.
b. Interior signage will be installed in the first week of October. Parking Garage redesign is
complete and the contractor is pricing.
c. Punch list items are being worked on and are nearly complete.
d. Miscellaneous equipment is being procured by the CRC staff at the direction of the Finance
Committee.
6. Arts District Lofts Shoppes CRC /Keystone Development (Parcel #47)
a. Streetscape work is 98% complete. Light pole installation and caulking of joints is mostly all
that remains.
b. Due to an error with the concrete pour, grinding in the courtyard is ongoing. The contractors
will grind down 3 -6" of concrete in order to properly install the rubber water proof membrane
and brick pavers. This will make the garage "weather tight".
c. The work on the fountain within the courtyard is underway. Hopefully this will be substantially
complete by the middle of October.
d. Huddles Frozen Yogurt, Adara Day Spa and Cafe St. Tropez have recently opened within this
project.
e. The Monon Trail stairs on the east side of the trail are open and operational. 2nd Ave NW is
nearly completed.
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f. Bids are being received for the redesign and rework of the west side of the Monon Trail.
g. Dave Littlejohn of the City of Carmel is reviewing the bike plan and will recommend locations
for bike racks on the streetscape level. A total of 10 racks are required within the parking
garage.
Marketing Public Relations Update:
1. News and Events
a. The second edition of the CRC newsletter was distributed to all households in Carmel at the
beginning of September.
b. Upcoming Arts Design District events include:
Saturday, September 24, 10 a.m. 6 p.m. and Sunday, September 25, 10
a.m. 5 p.m. Cannel International Arts Festival
ii. Saturday, October 8, 5 -10 p.m. IU Health North Hospital Gallery Walk
c. Members of staff are working in partnership with the City on preparations for select upcoming
events, including the Oktoberfest event in Merchant's Square as well as the Veteran's Day
Ceremony. Oktoberfest will take place on Friday, October 14 and feature a performance by
Polka Boy as well as food, drinks and activities from local merchants. The Veteran's Day
Ceremony will take place on Thursday, November 10, 12:00 p.m. at Tarkington Theater to
honor local veterans.
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City Progress Report 9/15/11
Signature Construction is pleased to provide a brief list of highlighted activities being
completed in Carmel within the last month for the P111 Waterproofing and Pavers,
Parcel 73 Streetscape, Village on the Green Theater, Parcel 5 Motor Court Brick Veneer,
Parcel 5 P112 Site Amenities and Tenant information at Indiana Design Center as well as
Carmel City Center Buildings A B.
1. Parcel 73 Streetscape Project
The closeout documents are being prepared.
A site inspection was completed for project closeout. All contractors will
begin punch list items as soon as it's received.
2. P- 111 Waterproofing, Mud Slab and Pavers
The Motor Court pavers will complete next week.
The Hanover Square fountain is installed. Paver installation will begin next
week and the fountain will be operational by mid October.
The Motor Court fountain feature is complete.
3. Parcel 5 Motor Court Brick Veneer
The submittals for the base bid (exterior wall) and Alternate 01 (west wall) are
with the architect. Once the submittals are approved, installations will begin.
The contractor confirmed that the brick material is ready to ship.
4. Parcel 5 P112 Site Amenities
Light pole layout is complete. The process for coring the conduits through the
plaza level will begin.
Precast planters have arrived. The contractor is shipping more this week and
all planters will be on site by the end of the month.
Signage submittals are with the architect.
5. Village on the Green Theater Parcel 7C -1
This project is complete and turned over to the owner.
Punchlist items continue and will complete this month.
6. Indiana Design Center Tenant Spaces
The total leasable square footage for Indiana Design Center is 82,975 square
feet. Currently, 74,685 square feet is leased.
7. Carmel City Center Tenant Spaces
The total leasable space for Carmel City Center Phase 1 is 78,427 square feet.
Currently, 25,818 square feet is leased.
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Monday, October 03, 2011
Honorable Members of the City Council
City Hall
Carmel, In 46032
Dear City Councilors:
Michael Janet Shaver
3799 Steeplechase Drive
Carmel, IN 46032
317- 872 -9529
RE: Request to Study the Crooked Stick Drainage Project
I am here tonight to request that the City Council send the Crooked Stick Drainage project to the
Council's Annexation Land Use Committee (ALUC) for additional consideration. There are
several specific reasons for my request, the most obvious of which is the fact that the Crooked
Stick Drainage project is now the subject of a lawsuit. While I am prepared to go into the details
of the Crooked Stick Drainage project if necessary, 1 will simply say at this point that the project
and its documentation leave a large number of unanswered questions that I would like the ALUC
to consider. These shortcomings require the City Council's attention on several levels.
Having made my request clear, let me also add that the entirety of my request is made
respectfully and without blame or recrimination to any person, any party, any office, or any
organization. This testimony is offered solely in the public interest and with genuine respect to
all parties involved. The facts require objective and dispassionate examination. This said, I have
three specific reasons that I respectfully make this request.
First, it is imperative that the City Council uphold its commitments to my neighbors in SW Clay
under the Settlement Agreement. As you know, I supported annexation because I believe that
the City's services are superior to the alternatives. At the same time, many of my neighbors have
openly expressed to me their suspicions and mistrust. I feel that the first major test for the City
will be to execute the promises contained in the Settlement Agreement in the full spirit and letter
of the document. The Crooked Stick Drainage project is the first to be undertaken and it has
already generated a lawsuit. It seems clear that the Council should be concerned.
Second, 1 ask for the Council to specifically consider whether the City has properly agreed to pay
the cost of the Crooked Stick Drainage project. I have personally performed substantial research
in this regard and there is no documentation of such a commitment, especially with regard to the
final, proposed project. I therefore respectfully request that the Council review the requirements
set forth in Ordinance D- 1969 -09 with regard to this project. Once the requirements for city
funding have been determined, I would respectfully suggest that a letter be drafted to the County,
in order that the fiscal situation be clarified. It would be unfair to the County to fail to advise
them, and unfair to the constituents to allow the project to progress in its current state.
Third, I ask the Council to develop a specific process for considering and approving the projects
contained in the Settlement Agreement in order that my SW Clay neighbors can be certain that
their voices will be fairly considered as part of any project undertaken. I would respectfully
request that leaders of NOAX be included in the development of this process in order that
NOAX can communicate the information effectively to its constituents.
Ordinance D- 1969 -09 states (see Section 4(b), "The Common Council may adopt a
supplemental ordinance to modify or amend this Ordinance (1) to cure any ambiguity or
formal defect or omission in this Ordinance or in any supplemental ordinance." The last thing
we want is for money to be misallocated on "solutions" that fail to address the problem, or that
simply relocate damage from one neighbor to another. It is my sincere belief that the City
Council will be able to develop a process that all of us can be proud to engage and that will
embrace the notion of neighborhood solutions. But at this moment, there is apparently no
consistent process, and this lack of consistency begs for exactly the negative result that the
Crooked Stick Drainage project has already achieved a lawsuit. I think we would all like to
avoid a repetition of that outcome as fixture projects are implemented under the Settlement
Agreement.
I recognize that the ALUC will be required to consider many things. I recognize that these
matters are complex. But it is my sincere belief that NOAX is willing to be a productive partner
in this endeavor and that a cooperative atmosphere, along with a consistent process, and fiscal
clarity will help us to reconcile disagreements before they reach the stage of fiscally wasteful
litigation.
If it would be helpful, I will make the research information which. I have collected available to
the ALUC. I hope that you will act favorably and promptly on this respectful request.
ruly yours,
Mi' ae R. Shave
3799 Steeplechase rive
Carmel, IN 46032
wabsci @aol.com
317- 872 -9529