HomeMy WebLinkAboutCCM-11-21-11Office of the
Clerk Treasurer
9. COMMITTEE REPORTS
City of Carmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, NOVEMBER 21, 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. November 7, 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. Payroll
b. General Claims
c. Retirement
d. Detail of Wire Transfers for October, 2011
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 Frank Basile, Interim President CEO, The Center for the Performing Arts
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414
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10. OLD BUSINESS
a. Sixth 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 (11/16/11).
b. Fourth 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.
Remains in the Finance, Administration and Rules Committee (11 /16 /11).
c. Third Reading of Ordinance D- 2061 -11; An Ordinance of the Common Council of the
City of Cannel, 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.
d. Third Reading of Ordinance D- 2063 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Modifying and Restating of Carmel City Code Chapter 8, Article
6, Section 8 -58 (Additional Roadway Weight Limitations); Sponsor: Councilor Snyder.
e. Second Reading of Ordinance D- 2065 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Requiring the Coordination of Solid Waste Collection and
Disposal Services and Mandating Recycling Service; Sponsor: Councilor Sharp.
Recycling.
f. Second Reading of Ordinance D- 2066 -11; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Chapter 3, Article I, Division II Section 3 -27
(Approval /Disapproval by Mayor of all Council Ordinances), of the Carmel City Code
Regarding Override of Mayoral Vetoes; Sponsor: Councilor Sharp. Sent to the Finance,
Administration and Rules Committee (11 /16 /11).
g.
Second Reading of Ordinance D- 2070 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to
the Waterworks of the City, and the Refunding of its Waterworks Revenue Bonds of 2002,
Series A, Waterworks Revenue Bonds of 2002, Series B and Waterworks Revenue Bonds
of 2003, Series A; and Authorizing the Issuance of Revenue Bonds ($27,000,000);
Sponsor: Councilor Snyder. Sent to the Finance, Administration and Rules Committee
(11/16/11).
h. Second Reading of Ordinance D- 2071 -11; An Ordinance of the Common. Council of the
City of Carmel, Indiana, Authorizing the Acquisition, Construction and Installation of
Certain Improvements for the Sewage Works System of the City of Carmel, Indiana; The
Issuance of Revenue Bonds to Provide the Cost, The Collection, Segregation and
Distribution of the Revenue of such System. Including the Issuance of Notes in
Anticipation of such Bonds, and Repealing Ordinances Inconsistent ($11,200,000);
Sponsor: Councilor Snyder. Sent to the Finance, Administration and Rules Committee
(11/16/11).
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Second Reading of Ordinance D- 2072 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving an Amendment to Lease Agreement Between the City
of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission,
and the Issuance of Refunding Bonds Designated as "City of Carmel Redevelopment
Authority Lease Rental. Revenue Refunding Bonds of 2011", in the Aggregate Principal
Amount not to Exceed ($29,500,000). Sponsor: Councilor Snyder. Sent to the Finance,
Administration and Rules Committee (11/16/11).
Second Reading of Ordinance D- 2073 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance and Sale of the City of Carmel, Indiana,
COIT Revenue Refunding Bonds to Procure Funds to be Applied to the Refunding of
Certain Outstanding Obligations, Including Costs and Expenses ($7,500,000) in
Connection with the Issuance of the Bonds; Sponsor: Councilor Snyder. Sent to the
Finance, Administration and Rules Committee (11/16/11).
k. Second Reading of Ordinance A- 97 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 2, Division IV, Sections 9 -44
(Application Fees for Water Service); 9 -45 (Service Charge and Installation Fee); 9 -51
(Water Meter Pit Accessibility.' Inspection); 9 -52 (Cross Connection Control); 9 -58
(Tapping Fees); 9 -62 (Disconnection for Non Payment: Returned Checks); 9 -65 (Rates
and Charges for Recurring Sales of Raw Water (Untreated) Water $225 per million
Gallons); 9 -75 (Hydrant Meters) of the Carmel City Code; Sponsor: Councilor Snyder.
Second Reading of Ordinance S- 73 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 4, Sections 9 -196 (Availability
Costs); 9 -199 (Oversizing); 9 -200 (Individual Connection Inside and Outside of City);
9- 207 (Allocation of Receipts) and Deleting Section 9 -205 (Individual Connections Cost
Developed Areas) of the Carmel City Code; Sponsor: Councilor Snyder.
m. Second Reading of Ordinance Z- 553 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Silvara Planned Unit Development District (281
Acres located northwest of 11 6 th Street and Spring Mill Road, from S -1 and S -2 /Residence
to PUD /Planned Unit Development); Sponsor(s): Councilor(s) Rider, Griffiths and
Seidensticker. Sent to the Land Use, Annexation and Economic Development Committee
(11/22/11).
11. PUBLIC HEARINGS
a. Second Reading of Ordinance D- 2068 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending, Chapter 9, Article 2, Section 9 -55 (Monthly Metered
Rates, Monthly Base Charges, Minimum Charges and Private Fire Protection) and
Restating the Schedule of Rates and Charges Collected by the Water Utility; Sponsor:
Councilor Snyder. Sent to the Finance, Administration and Rules Committee (11/16/11).
b. Second Reading of Ordinance D- 2069 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 3, Division V, Section 9 -171
(Sewer Charges) of the Carmel City Code; Sponsor: Councilor Snyder. Sent to the
Finance, Administration and Rules Committee (11/16/11).
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12. NEW BUSINESS
11 /2111 1 CC Meeting Agenda
a. First Reading of Ordinance D- 2074 -11; An Ordinance of the Conunon Council of the
City of Carmel, Indiana, Appropriating the Proceeds from the Sale of COIT Revenue
Refunding Bonds of 2011, Together with any Investment Earnings for the Purpose of
Financing the Costs of the Refunding Certain Obligations of the City, Including Costs and
Expenses in Connection with the Issuance of the Bonds ($7,500,000); Sponsor: Councilor
Snyder.
b. First Reading of Ordinance D- 2075 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3 -13(a)
(President Pro Tempore) of the Cannel City Code; Sponsor: Councilor Seidensticker.
c. Resolution CC- 11- 21- 11 -01; A Resolution of the Common. Council of the City of
Cannel, Indiana, Approving a Transfer of Funds in the 2011 Department of Law Budget
($1,950 from Legal Fees to Computer Hardware); Sponsor: Councilor Snyder.
d. Resolution CC- 11- 21- 11 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Authorizing a Transfer of Funds by the City of Carmel. City Council
($14, 000 from Consulting Fees to Video Equipment); Sponsor: Councilor Seidensticker.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
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COMMON COUNCIL
MEETING MINUTES
MONDAY, NOVEMBER 21, 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, Joseph C. Griffiths, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk- Treasurer
Diana L. Cordray and Deputy Clerk Treasurer Lois Fine,
Mayor Brainard called the meeting to order at 6:00 p.m.
Father Ted Rothrock, St. Elizabeth Ann Seton Parish, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Griffiths made a motion to approve minutes from the November 7, 2011 Regular Meeting.
Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called
for the vote. Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Mike Shaver, 3799 Steeplechase Drive, Carmel, Indiana, addressed the Council regarding concerns of the
Crooked Stick Estates drainage project (attachment 1).
COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS:
Councilor Sharp addressed the Council regarding the Crooked Stick Estates drainage issues.
Mayor Brainard addressed the Council and also discussed the Crooked Stick. Estates drainage issues.
Mayor Brainard also discussed joint projects and Interlocal Agreements between the City and Hamilton
County.
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
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Councilor Carter addressed the Council regarding the Carmel High School marching band appearing at
the Macy's Thanksgiving Day parade in New York. Councilor Carter also discussed the Crooked Stick
Estates drainage issues. Councilor Carter also thanked Pedcor for staffing the Winter Farmers Market that
is held on Saturday from 9:00 a.m. until 12:00 p.m. through March 17th
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Griffiths made a motion to approve claims in the amount of $2,460,499.53. Councilor Rider
seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims
were approved 7 -0.
Detail of Wire Transfers for October, 2011. Councilor Griffiths made a motion to acknowledge wire
transfers in the amount of $1,416,580.74. Councilor Snyder seconded. There was no Council discussion.
Council President Seidensticker called for the vote. Wire transfers were acknowledged 7 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had met and discussed
Ordinance D- 2051 -11, Ordinance D- 2060 -11, Ordinance D- 2066 -1.1, Ordinance D- 2068 -11, Ordinance
D- 2070 -11, Ordinance D- 2072 -11 and Ordinance D- 2073 -11. Councilor Snyder will present the
committee report when the item appears on the agenda.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not
met. The next meeting will be held on Tuesday, November 22, 2011 at 5:30 p.m.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had met and
discussed Ordinance D- 2062 -11, Ordinance D- 2063 -11,, Ordinance D- 2065 -11, Ordinance A- 97 -1.1 and
Ordinance S- 73 -11. Councilor Griffiths will present the committee report when the item appears on the
agenda.
OLD BUSINESS
Council President Seidensticker announced the Sixth Reading of Ordinance D- 2051 -11; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II,
Section 2 -40 (Compensation.) of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and
Rider. Councilor Snyder presented the Finance, Administration and Rules Committee report to the
Council. This item was referred back to the Council with a 4 -0 positive recommendation. Councilor
Snyder referred to Barb Lamb, Director of Human Resources, to present Ordinance D- 2051 -11 As
Amended VERSION B 11/21/11 to the Council for discussion. Councilor Snyder made a motion to
amend Ordinance D- 2051 -11. Councilor Sharp seconded. There was no Council discussion. Council
President Seidensticker called for the vote. The motion to amend Ordinance D- 2051 -11 was approved 6 -1
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(Councilor Griffiths opposed). There was brief Council discussion. Clerk Treasurer Diana L. Cordray
addressed the Council. Mayor Brainard addressed the Council. Without objection from the Council,
this item was Tabled.
Council President Seidensticker announced the Fourth Reading of Ordinance D- 2060 -11; An Ordinance
of the Common Council of the City of Cannel, Indiana, By the Carmel Economic Development
Commission ($130,000,000 The Barrington of Carmel Project); Sponsor: Councilor Snyder. Remains
in the Finance, Administration and Rules Committee (11/16/11). This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance D- 2061 -11; An Ordinance
of the Common Council of the City of Cannel, 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 Griffiths presented the Utilities, Transportation and Public
Safety Committee report to the Council. This item was referred back to the Council with no
recommendation. There was brief Council discussion. Mayor Brainard addressed the Council. Councilor
Sharp made a motion to present Ordinance D- 2061 -11 As Amended, VERSION A to the Council for
discussion. Councilor Carter seconded. There was no Council discussion. Council President
Seidensticker called for the vote. The motion to amend Ordinance D- 2061 -11 was approved 7 -0.
Councilor Griffiths made a motion to approve Ordinance D- 2061 -11 As Amended. Councilor Sharp
seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance D- 2061 -11 As Amended was adopted 7 -0.
Council President Seidensticker announced the Third Reading of Ordinance D- 2063 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Modifying and Restating of Cannel City Code
Chapter 8, Article 6, Section 8 -58 (Additional Roadway Weight Limitations). Councilor Griffiths
presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was
referred back to the Council with a positive recommendation. There was brief Council discussion.
Councilor Griffiths made a motion to approve Ordinance D- 2063 -11. Councilor Sharp seconded. There
was no Council discussion. Council President Seidensticker called for the vote. Ordinance D- 2063 -11
was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 2065 -11; An
Ordinance of the Common Council of the City of Carmel, Indiana, Requiring the Coordination of Solid
Waste Collection and Disposal Services and Mandating Recycling Service. Councilor Griffiths presented
the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred
back to the Council with proposed amendments. Councilor Griffiths made a motion to present Ordinance
D- 2065 -11 As Amended VERSION A to the Council for discussion. Councilor Sharp seconded. There
was no Council discussion. Council President Seidensticker called for the vote. The motion to amend
Ordinance D- 2065 -11 was approved 7 -0. Councilor Griffiths made a motion to approve Ordinance
D- 2065 -11 As Amended VERSION A. Councilor Sharp seconded. There was brief Council discussion.
Council President Seidensticker called for the vote. Ordinance D- 2065 -11 As Amended was adopted
6 -1 (Councilor Accetturo opposed).
Council President Seidensticker announced the Second Reading of Ordinance D- 2066 -11; An
Ordinance of the Common. Council of the City of Carmel, Indiana, Amending Chapter 3, Article I,
Division II Section 3 -27 (Approval /Disapproval by Mayor of all Council Ordinances), of the Carmel City
Code Regarding Override of Mayoral Vetoes. Councilor Snyder presented the Finance, Administration
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and Rules Committee report to the Council. This item was referred back to the Council with a unanimous
positive recommendation. Councilor Sharp made a motion to approve Ordinance D- 2066 -11. Councilor
Rider seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance D- 2066 -11 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 2070 -11; An
Ordinance of the Common Council of the City of Cannel, Indiana, Concerning the Construction of
Additions and Improvements to the Waterworks of the City, and the Refunding of its Waterworks
Revenue Bonds of 2002, Series A, Waterworks Revenue Bonds of 2002, Series B and Waterworks
Revenue Bonds of 2003, Series A; and Authorizing the Issuance of Revenue Bonds ($27,000,000).
Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council.
This item was referred back to the Council with no recommendation. There was brief Council discussion.
Mayor Brainard addressed the Council. Without objection from Council, this item was referred back to
the Finance, Administration and Rules Committee for further review and discussion.
Council President Seidensticker announced the Second Reading of Ordinance D- 2071 -11; An
Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Acquisition,
Construction and Installation of Certain Improvements for the Sewage Works System of the City of
Carmel, Indiana; The Issuance of Revenue Bonds to Provide the Cost, The Collection, Segregation and
Distribution of the Revenue of such System. Including the Issuance of Notes in Anticipation of such
Bonds, and Repealing Ordinances Inconsistent ($11,200,000); Sponsor: Councilor Snyder. Remains in
the Finance, Administration and Rules Committee. This item was not discussed.
Council President Seidensticker announced the Second Reading of Ordinance D- 2072 -11; An
Ordinance of the Common Council of the City of Carmel, Indiana, Approving an Amendment to Lease
Agreement Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment
Commission, and the Issuance of Refunding Bonds Designated as "City of Cannel Redevelopment
Authority Lease Rental Revenue Refunding Bonds of 2011", in the Aggregate Principal Amount not to
Exceed (529,500, 000). There was brief Council discussion. Council President Seidensticker pulled this
item from the Finance, Administration and Rules Committee for discussion. Councilor Snyder referred to
Bruce Donaldson, Attorney, Barnes Thornburg, to address the Council. Mayor Brainard addressed the
Council. Councilor Sharp made a motion to approve Ordinance D- 2072 -11. Councilor Rider seconded.
There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance D- 2072 -11 was adopted 6 -0 (Councilor Accetturo was not in the Council Chamber).
Council President Seidensticker announced the Second Reading of Ordinance D- 2073 -11; An
Ordinance of the Common. Council of the City of Carmel, Indiana, Authorizing the Issuance and Sale of
the City of Carmel, Indiana, COIT Revenue Refunding Bonds to Procure Funds to be Applied to the
Refunding of Certain Outstanding Obligations, Including Costs and Expenses ($7,500,000) in Connection
with the Issuance of the Bonds. There was brief Council discussion. Council President Seidensticker
pulled this item from the Finance, Administration and Rules Committee for discussion. Councilor Snyder
addressed the Council and referred to Bruce Donaldson, Attorney, Barnes Thornburg, to address the
Council. There was brief Council discussion. Councilor Sharp made a motion to present Ordinance
D- 2073 -11 As Amended VERSION A 11/21/11 to the Council for discussion. Councilor Rider
seconded. Councilor Sharp read the proposed amendments to the Council. Councilor Snyder made a
motion to approve Ordinance D- 2073 -11 As Amended. Councilor Sharp seconded. There was no
Council discussion. Council President Seidensticker called for the vote. The motion to amend Ordinance
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D- 2073 -11 was approved 7 -0. Councilor Griffiths made a motion to approve Ordinance D- 2073 -11 As
Amended. Councilor Snyder seconded. There was no Council discussion. Council President
Seidensticker called for the vote. Ordinance D- 2073 -11 As Amended was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance A- 97 -11; An Ordinance
of the Common Council of the City of Cal nel, Indiana, Amending Chapter 9, Article 2, Division IV,
Sections 9 -44 (Application Fees for Water Service); 9 -45 (Service Charge and Installation Fee); 9 -51
(Water Meter Pit Accessibility: Inspection); 9 -52 (Cross Connection. Control); 9 -58 (Tapping Fees); 9 -62
(Disconnection for Non Payment: Returned Checks); 9 -65 (Rates and Charges for Recurring Sales of
Raw Water (Untreated) Water $225 per million Gallons); 9 -75 (Hydrant Meters) of the Carmel City
Code. Councilor Griffiths presented the Utilities, Transportation and Public Safety Committee report to
the Council. This item was referred back to the Council with no recommendation. Without objection
from Council, this item was Tabled.
Council President Seidensticker announced the Second Reading of Ordinance S- 73 -11; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 4, Sections 9 -196
(Availability Costs); 9-199 (Oversizing); 9 -200 (Individual Connection Inside and Outside of City);
9- 207 (Allocation of Receipts) and Deleting Section 9 -205 (Individual Connections Cost
Developed Areas) of the Carmel City Code. Councilor Griffiths presented the Utilities, Transportation
and. Public Safety Committee report to the Council. This item was referred back to the Council with a
2 -0 positive recommendation, Without objection from Council, this item was Tabled.
Council. President Seidensticker announced the Second Reading of Ordinance Z- 553 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Establishing the Silvara Planned Unit
Development District (281 Acres located northwest of 116` Street and Spring Mill Road, from S -1 and S-
2 /Residence to PUD /Planned Unit Development); Sponsor(s): Councilor(s) Rider, Griffiths and
Seidensticker. Sent to the Land Use, Annexation and. Economic Development Committee (11/22/11).
This item was not discussed.
PUBLIC HEARINGS
Council President Seidensticker announced the Second Reading of Ordinance D- 2068 -11; An
Ordinance of the Common. Council of the City of Cannel, Indiana, Amending, Chapter 9, Article 2,
Section 9 -55 (Monthly Metered Rates, Monthly Base Charges, Minimum Charges and Private Fire
Protection) and Restating the Schedule of Rates and Charges Collected by the Water Utility. Council
President Seidensticker opened the Public Hearing at 7:52 p.nl. Seeing no one who wished to speak,
Council President Seidensticker closed the Public Hearing at 7:53 p.m. There was brief Council
discussion. Without objection from the Council, this item was referred back to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Seidensticker announced the Second Reading of Ordinance D- 2069 -11; An
Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 9, Article 3,
Division V, Section 9 -171 (Sewer Charges) of the Cannel City Code. Council President Seidensticker
opened the Public Hearing at 7:55 p.m. Seeing no one who wished to speak, Council President
Seidensticker closed the Public Hearing at 7:56 p.m. This item remains in the Finance, Administration
and Rules Committee. This item was not discussed.
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NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D- 2074 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Appropriating the Proceeds from the Sale of
COIT Revenue Refunding Bonds of 2011, Together with any Investment Earnings for the Purpose of
Financing the Costs of the Refunding Certain Obligations of the City, Including Costs and Expenses in
Connection with the Issuance of the Bonds ($7,500,000). Councilor Griffiths made a motion to move this
item into business. Councilor Sharp seconded. Councilor Snyder presented this item to the Council.
There was no Council discussion. Without objection from the Council, this item was Tabled until the
Public Hearing which will be held on Monday, December 5, 2011.
Council President Seidensticker announced the First Reading of Ordinance D- 2075 -11; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 3, Article 1, Division II,
Section 3 -13(a) (President Pro Tempore) of the Carmel City Code. Councilor Griffiths made a motion to
move this item into business. Councilor Rider seconded. Council President Seidensticker passed the
gavel to Councilor Snyder to present this item to the Council. Councilor Seidensticker made a motion to
suspend the rules and not send this item to committee and vote this evening. Councilor Griffiths
seconded. Council President Seidensticker reclaimed the gavel from Councilor Snyder. Mayor Brainard
addressed the Council. There was no Council discussion. Council President Seidensticker called for the
vote. The motion to suspend the rules and not send this item to committee and vote this evening was
approved 7 -0. Councilor Griffiths made a motion to approve Ordinance D- 2075 -11. Councilor Sharp
seconded. Council President Seidensticker called for the vote. Ordinance D- 2075 -11 was adopted 7 -0.
There was brief Council discussion.
Council President Seidensticker announced Resolution CC- 11- 21- 11 -01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2011 Department of Law
Budget ($1,950 from Legal Fees to Computer Hardware). Councilor Griffiths made a motion to move
this item into business. Councilor Snyder seconded and presented this item to the Council. Councilor
Snyder referred to Doug Haney, City Attorney, to address the Council. Councilor Rider made a motion to
approve Resolution CC- 11- 21 -11 -01. Councilor Griffiths seconded. There was no Council discussion.
Council President Seidensticker called for the vote. Resolution CC- 1 21 -11 -01 was adopted 7 -0.
Council President Seidensticker announced the Resolution CC- 11- 21- ii -02; A Resolution of the
Common Council of the City of Carmel, Indiana, Authorizing a Transfer of Funds by the City of Carmel
City Council ($14,000 from Consulting Fees to Video Equipment). 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 and also referred to Steve Engelking,
Director of Administration, to address the Council. Council President Seidensticker reclaimed the gavel
from Councilor Snyder. Councilor Griffiths made a motion to approve Resolution CC- 11- 21- 11 -02.
Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called
for the vote. Resolution CC- 11- 21 -11 -02 was adopted 7 -0.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
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EXECUTION OF DOCUMENTS
ADJOURNMENT
Mayor Brainard adjourned the meeting at 8:08 p.m.
Respectfully submitted,
ATTEST:
Diana L. Cordray, IAMC, Clerk -Treas
1 1121'1 1 CC Meeting Minutes
Clerk Treasurer Diana L. Cordray, IAMC
Approved,
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,,ernes Brainard, Mayor
Mr. Forrest Bowman Jr.
1 North Pennsylvania Street
Suite 630
Indianapolis, Indiana 46204
Re: Hall v. Hamilton County Drainage Board
Dear Mr. Bowman:
MAH:jep
Enclosures
HOWARD ASSOCIATES
ATTORNEYS FOR HAMILTON COUNTY
AND
THE CITY OF NOBLESVILLE
November 16, 2011
Very truly yours,
Michael A. Howaid
4- r cITiCNT
MICHAEL A. HOWARD DARREN J. MURPHY
In my letter of November 15 I indicated that the scanned transcript should be forwarded by Friday.
Unfortunately, the County person who was doing that job has a family health emergency. The copy
should be to you by mid -week next week.
In response to your Motion for Discovery, all of the requested documents were included in the
Transcript and Appendix other than the request for a contract between Carmel and the Drainage
Board concerning the Project. No such contract exists. However, the City of Cannel, as part of its
annexation process for West Clay, passed a series of Ordinances concerning the improvements to be
made as part of the fiscal plan for the annexed area. Ordinance C -263, Section 1(1) refers to Cannel's
commitment to address the drainage issues in several older subdivisions, including Crooked Stick and
a commitment to fund those projects. A copy of that Ordinance, and related Ordinances, are enclosed.
In compliance with that Ordinance, Carmel passed a Southwest Clay Township Annexation Master
Drainage Plan, dated July 20, 2009. I will attach a scanned copy of that Plan with the other items on
the disk.
The various e-mails and documents in the Appendix memoralize the joint efforts of the County acting
through the Drainage Board, and the City of Carmel, to improve drainage in the area.
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•694 LOGAN STREET, NOBLESVILLE, INDIANA 46060 (317) 773 -4212 •(FAX) (317) 776 -2369•
Monday, November 21, 2011
Members of the Carmel City Council
Dear Councilors:
MICHAEL JANET SHAVER
3799 STEEPLECHASE DRIVE
CARMEL, IN 46032
:PHONE 317 -872 -9529
E -MAIL WABSCI@AOL.COM
RE: Follow -Up to October 25, 2011 Report
Indicating that the Crooked Stick Estates Drainage Project
DOES NOT CONFORM to the SW Clay Settlement Agreement
First, I wish to thank you all sincerely for the consideration afforded to my previous testimony
regarding the Crooked Stick Drainage Project. Furthermore, please let me state my admiration
for your conduct in offering your response to the county both courteously and politely. Although
the circumstances might be read to suggest that a less polite response to the County would have
been more efficient, it is my personal feeling that a polite response commands the moral "high
ground." At the same time, I admit that my own emotions in this case would lead to a more
strident response.
This testimony is offered with TWO specific goals. First, 1 wish to respectfully offer
supplemental information with regard to the proposed Crooked Stick Drainage project, based on
information submitted by the County, itself. Second, 1 wish to note something I believe to be an
even more perilous problem that now appears on the horizon as the result of the County's refusal
to withdraw from the lawsuit the fact that the County's self-interjection into the Settlement
Agreement may endanger the ability of the City and NOAX to execute and implement the terms
of the Settlement Agreement.
With regard to the first issue, my neighbors and I were given the courtesy of offering testimony
to the Annexation Land Use Committee (ALUC) on October 25, 2011. At that time we
presented a report which detailed the facts showing that the Crooked Stick Drainage project
which has been proposed by the County DID NOT CONFORM to the Settlement Agreement.
The conclusion of that report was clear the project which the County has proposed for
Crooked Stick DOES NOT CONFORM to the Settlement Agreement, nor to the Master Drainage
Plan, nor to Ordinance D- 1969 -09, which the City Council set in place to administer the
fulfillment of the drainage projects identified in the Settlement Agreement.
In order to assure the City Council that the October 25, 2011, report was not biased, I personally
presented the report to NOAX, to the Constitutional Patriots, and to the Councilor -Elect for SW
Carmel, Carol Schleif. After review of the report, those other folks saw fit to add their names to
its cover representing their concurrence with the report's findings and conclusions. While we
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3799 Steeplechase Drive Carmel, IN 46032,
(Voice) 317 -872 -9529, (FAX) 317- 872 -9885, (e -mail) wabsci @aol.com
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recognize that we are merely lay people, we hope that these signatures are considered credible by
the City Council, and we regret that the County has not chosen to be respectful in their response
to our effort.
In response to the findings and conclusions of the October 25 report and its research
documentation, the ALUC sent an electronic letter dated October 29, 2011, to County
Commissioner Christine Altman stating in part as follows:
"We have reviewed the Master Drainage Plan and find that the currently proposed
Crooked Stick Estates Drainage project is not a problem cited in the Master Drainage
.Plan and as such no funding for the proposed project is available and none will be
,forthcoming." (emphasis added)
Despite the City Council's clear directive, the County has chosen to ignore the City Council's
directive, as well as ignoring the respectful testimony of NOAX, the Constitutional Patriots, and
my neighbors, generally. Instead, the County chose to extend the lawsuit filed by Mr. Hall and
his neighbors to stop the defective project. On November 15, 2011, the County filed 1 100 pages
of documents in regard to the lawsuit, clearly indicating that the lawsuit would proceed, costing
both the taxpayers and my neighbors more money. I cannot answer the question "why" the
County would take such action. I can, however, suggest that the selected course increases the
cost of justice, and 1 find that outcome to be somewhat insulting to the populace, generally.
Separately, on November 16, 2011, the County Attorney sent a letter to Mr. Hall's Attorney,
Forrest Bowman, Jr., stating in part as follows:
the requested documents were included in the Transcript and Appendix other than
the request, for a contract between Carmel and the Drainage Board concerning the
Project. No such contract exists. However, the City of Carmel passed a series of
Ordinances concerning the improvements to be made as part of the fiscal plan for the
annexed area Carmel passed a Carmel SW Clay Township Annexation Master
Drainage Plan, dated July 29, 2009." (emphasis added)
Please note two important items in the County Attorney's letter. First, the County confr►ns that
there was no contract for performance of the proposed Crooked Stick Drainage project. Second,
that ironically, the County Attorney cites the very same Master Drainage Plan as was consulted
in our October 25, report, however, the County Attorney reached a conclusion which was
diametrically opposite of the conclusion reached by my neighbors and the ALUC. Quite simply,
the Master Drainage Plan does not say what the County Attorney appears to intimate. Quite
obviously, the Master Drainage Plan shows a photo of the Crooked Stick flooding problem,
which is clearly not the defective project proposed by the County. We're somewhat incredulous.
1 have also attempted to sort through the 1100 pages of documents submitted to the Court by the
County in response to the lawsuit. 1 can find no evidence of any document that contradicts the
previous findings contained in the October 25 report. In fact, the documents provided are
probably more damning of the County's credibility than we had previously discovered.
3799 Steeplechase Drive Carmel, IN 46032,
(Voice) 317- 872 -9529, (FAX) 317 872 -9885, (e -mail) wabsci @aol.com
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There is no genuine reason to excavate minutia. Instead, I wish to focus the City Council on
three truths that have not been contradicted, despite 1100 pages of alleged evidence:
The project which the County has proposed for Crooked Stick is NOT the project
identified in the Master Drainage Plan. In fact, the photos on page B -8 of the Master Drainage
Plan show the problem to be located several blocks away, and on a different street, entirely.
The project which the County has proposed for Crooked Stick does NOT conform to the
provisions of Ordinance D- 1969 -09 which establishes the rules for funding by the City. There is
no inter -local cooperation agreement, and the project was not submitted to the City Council for
approval, as required under that Ordinance.
The sum of the documents related to the proposed project suggest that one or more
landowners in Crooked Stick Estates appear to have hijacked the "Crooked Stick Drainage"
designation /moniker and petitioned the County to propose a different project than the Crooked
Stick project identified in the Master Drainage Plan (again, see page B -8 of the Master Drainage
Plan).
The proposed Crooked Stick Drainage project needs to stop.
This leads to a second point which 1 find potentially more perilous than the first. it is clear that
the Settlement Agreement was signed by the City and NOAX. The City and NOAX are the only
parties to the Settlement Agreement. However, at this time, the County has intruded into the
Settlement Agreement and direct purports to interpret the Settlement Agreement for its own
purposes. I suggest that neither NOAX nor the city should allow the intrusion of a third party as
some sort of arbiter of the terms of the Settlement Agreement.
The County Attorney's letter of November 16, states, in part:
the city of Carmel as part of its annexation process for West Clay, passed a series of
Ordinances concerning the irnprovenrents to be made Section 1(1) refers to Carmel's
commitment to address drainage issues in several older subdivisions including Crooked
Stick......
In these assertions the County Attorney is actively interpreting the Settlement Agreement,
Ordinance C-263 and the Master Drainage Plan, and the County is assertinz that the
County's interpretation is valid, while rejecting the direct testimony of NOAX and the City
Council. The County has done so, despite the October 29, 2011, letter from the ALUC, which
directly contradicts the County's interpretation.
In effect, the County has told Carmel that the County has the right and authority to interpret the
parameters of the relationship between Carmel and NOAX and to construct the proposed project.
1 am deeply troubled by this intrusion of a third party into the execution and implementation of
the Settlement Agreement. This intrusion cannot continue. The enforceability of the Settlement
Agreement is jeopardized by virtue of these extraneous interpretations by uninvited third parties.
1 cannot over emphasize the danger that is posed in this reality.
in closing, the City Council has commanded the moral high ground by offering polite and
respectful testimony to assist in the simple correction of a mistake. The County's response was
C,42rnEL Cary
3799 Steeplechase Drive Carmel, IN 46032,
(Voice) 317 872 -9529, (FAX) 317- 872 -9885, (e -mail) wabsci @aol.com eo uNC /L
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to ignore the City Council's respectful clarification, as well as ignoring the testimony of multiple
citizens in this regard. Now the County has injected itself into the interpretation of the
Settlement Agreement, even to the point of demanding the construction of projects which were
and are not provided in the documentation agreed by NOAX and the City. This situation is
untenable, and I implore you to address the matter as quickly and definitively as possible.
In closing, I would like to respectfully offer what I hope to be some final assurance that my
neighbors and I want to see the Settlement Agreement fulfilled. At the sane time, it is clear that
we are off to a rough start in Crooked Stick. Please help us to set this vehicle back on the
proverbial tracks.
Most sincerely,
Michael R. Shaver
3799 Steeplechase Drive
3799 Steeplechase Drive Carmel, IN 46032,
(Voice) 317 872 -9529, (FAX) 317 872 -9885, (e -mail) wabsci @aol.com
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October 29, 2011
Honorable Christine Altman
Hamilton County Commissioner
One Hamilton County Square
Noblesville, IN 46060
Dear Commissioner Altman:
City of Hammel
Re: Proposed Crooked Stick Estates Drainage Project
Carmel Common Council
We are writing to share with you and your colleagues on the Commission information we have
discovered regarding the proposal to redirect storm water flow from the Thomas Hussey Drain pond to
the Clay Creek Drain.
We understand that the County Surveyor's office was presented with a petition from certain property
owners in Crooked Stick Estates asking that the County resolve a drainage problem in this neighborhood.
We further are given to understand that the Commissioners may have been led to believe that this
project was one of several identified in Carmel's Master Drainage Plan for Southwest Carmel; the
implementation, to include funding, of which is a requirement of our Annexation settlement agreement
with NOAX.
We have reviewed the Master Drainage Plan, prepared for Carmel by Crossroad Engineers, PC, and find
that the Commission was, inadvertently, misinformed. The currently proposed Crooked Stick Estates
Drainage project is not a problem cited in the Master Drainage Plan and as such NO funding for the
proposed project is available from the City of Carmel and none will be forthcoming.
We also are given to understand that this project is the subject of litigation which is why we wish to
provide you with this information as quickly as possible.
The Council will be developing a procedure to provide that the City Engineer reviews all drainage
projects proposed for Southwest Carmel and determine if they are covered by the Master Drainage Plan
and therefore eligible for funding from the Bond funds available for covered projects.
If we can provide any additional information please do not hesitate to contact me or any member of the
Land Use, Annexation and Economic Development Committee.
Re�r.
c L. t arp Kevin Rider Griff s ,Vn Accetturo
Member i -mber Member
Chairman
One Civic Square Carmel, IN 46032 31 -571 -2400