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Correspondence Conn, Angelina V From: Wabsci @aol.com Sent: Friday, November 05, 2010 9:40 AM To: Conn, Angelina V; Bruce.Donaldson btlaw.com; Anneliese.Williams @btlaw.com Cc: Hancock, Ramona B; Hollibaugh, Mike P; Olds, Les; jmolitor @prodigy.net; Worthley, Matthew D; kph @wshlaw.com; Sharp, Rick; Carter, Ronald E; Brainard, James C Subject: Re: FW: Notice of CRC Public Hearing Old Meridian. Economic Development Area angie, thank you for addressing your inquiry to me. i'll do my best to give you a full, complete and respectful answer in order to clarify this situation. please be assured that it certainly is not the intent of the crc or of the consultants to frustrate the plan commission or its staff. to afford a complete explanation, there are several statutory milestones for approval of an ed plan, which might help to illustrate why /how the meridian main project has arrived at this point. the statutory milestones are as follows: 1. preliminary approval of the ed plan by the CRC, along with a "declaratory resolution" which essentially places the ed project into the statutory approval process. it might help to note that the crc requested several adjustments to the meridian and main ed plan as they adopted the declaratory resolution, and that those changes were made to the original "draft" of the meridian and main ed plan which the plan commission reviewed. 2. affirmation that the ed.plan conforms to the comprehensive plan for the area (which is performed by the plan commission). obviously, at this stage of the process, the plan commission was also afforded the opportunity to request changes to the 'draft' ad plan in order to assure full conformity and to resolve questions and /or clarify gray areas related to the question of, conformity. perhaps it might be helpful to note that the version of the ed plan for meridian main which was affirmed as conforming to the comprehensive plan by the carmel plan commission was, in fact, a "draft" prepared for that specific purpose and containing the changes /adjustments previously requested by the crc. 3. approval of the ed plan by the city council for the purpose of assuring that the proposed project as well as proposed TIF debt is acceptable to the legislative branch of local government. this 'draft' of the ed plan consistently contains the sum 'of changes requested by the crc, as well as changes requested by the plan commission. obviously once again, in the current environment, it is plausible for the city council to request/demand certain additional changes to the 'draft' ed plan in order to clearly portray the council's position on the project nad /or its TIF'debt proposal. 4. a formally advertised public hearing on the project to receive formal. public input. this 'draft' of the ed plan would be expected to contain the sum of all of the changes originated by the crc, plan commission and city council at each stage of the`statutory process. obviously, it is realistic to also expect that the public could also offer comments, suggestions or questions and the changes to the 'draft' ed plan would reflect those public comments, public suggestions or public questions, before making the ed plan "final." 5. final approval of the proiect;.approval of the. "confirmatory resolution," and approval of the "final" ed plan (including the sum of all changes occurring as a result of the 'process), as well as a final date, by the crc. as a result of this statutory process, it is common for redevelopment commissions to actually end the process with four separate "drafts" of the ed plan in the public record, as well as a "final" ed plan., in so doing, a person performing a 'historic' review of any particular ed plan would possibly see an evolution of the' document which corresponds to the statutory process, including multiple "draft" documents with process- appropriate dates and with changes accommodated during each step of the statutory process. the reason that the crc adopted this policy was /is to afford full respect to the public input portion of the process, as well as reflecting the public purpose of the statutory approval process. if a document is presented as "final" it obviously should not be amended or changed in order to accommodate valid public input, or to include information answering public questions. it has been the crc's policy that having multiple versions of an ed plan each marked "final" (and possibly even having different dates) is potentially misleading and non transparent to the public. therefore, the crc has traditionally waited until the final statutory stage of the process and "final" approval of the ed plan before labeling the document "final" and stating the date of the final approval of the crc, that said, we acknowledge that the process is sometimes imperfect, despite our collective best attempts. 1 according to my information, the meridian and main project has not yet reached the stage of "final" approval by the crc, which would explain why the plan commission does not have a "final" ed plan. in fact, the plan commission didinot approve the "final" ed plan. the'plan commission approved the second procedural 'draft.' i realize that this explanation is prolonged and detailed. i felt it was best to afford you my most sincere attempt at a full and illustrative explanation.of.the matter, including its statutory context. but when all of the ancillary matters are reconciled, it is.entirely appropriate for the plan commission record to contain a"draft ed plan in its files, because the statute requires the plan commission to affirm conformity, and the city council to affirm its own terms and conditions, prior to submitting the ed plan to the public in a public hearing. given all of the above information,the 'draft' ed plan which the plan commission approved is the appropriate document'to be included in the plan commission file. i hope this helps. mike shaver In a message dated 11/4/2010 3:41:46 P.M, Easterri.Daylight Time, Aconn @carmel.in.gov writes: Good afternoon I am not sure who to address this email to, but the, Plan Commission /Planning Department still needs the Final copy of the Economic development plan supplement to the old meridian ED plan: Meridian_ Main Project area, so that we can file that final document along with the minutes for the 9/21/2010 plan commission meeting, per the requirements of the resolution that was adopted by the plan commission on 09/21/2010. As of 9/17/2010, we only have the Draft of this ED plan amendment. Please advise. Thank you, Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317- 571 -2417 F: 317 571 -2426 E: aconn @carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm 2 Conn, Angelina V From: Conn, Angelina V Sent: Thursday, November 04, 2010 3:15 PM To: 'Donaldson, Bruce'; Williams, Anneliese Cc: Hancock, Ramona B; Hollibaugh, Mike P; Olds, Les; 'wabsci @aol.com'; 'John Molitor' Subject: FW: Notice of CRC Public Hearing Old Meridian Economic Development Area Attachments: NOTICE TO PLANNING UNITS OF CONFIRMATORY HEARING- Plan Comm.DOC; Notice of Public Hearing ((Meridian Main) (5).DOC Good afternoon 1 am not sure who to address this email to, but the Plan Commission /Planning Department still needs the Final copy of the Economic development plan supplement to the old meridian ED plan: Meridian Main Project area, so that we can file that final document along with the minutes,for the 9/21/2010 plan commission meeting, per the requirements of the resolution that was adopted by the plan commission on 09/21/2010. As of 9/17/2010, we only have thebraft of this ED plan amendment. Please advise. Thank you, Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 -Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 F: 317 -571 -2426 E: aconn@@carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail From: Williams, Anneliese mailto :Anneliese.Williams©btlaw.coml Sent: Thursday, November, 04, 2010 2:43 PM To: Hancock, Ramona B Cc: Donaldson, Bruce Subect: Notice of Public Hearing Ramona, Attached please find a letter and the Notice of Public Hearing relating to the adoption by the City of Carmel Redevelopment Commission of a resolution amending the declaratory resolution and economic development plan for the Old'Meridian Economic Development Area in the'City of Carmel. The Notice is being filed with you pursuant to Section 17(b) of the Indiana Code 36 -7 -14, as amended. Please acknowledge receipt of this filing by signinga copy of the attached letter in the space indicated below and returning an executed copy via fax (317- 231 -7433 Attn: Anneliese Williams) with an original to follow in the mail. Thank you for your attention to this matter and please call me if you have any questions. Anneliese V. Williams Barnes Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 1 Conn, Angelina V From: Donaldson, Bruce {Bruce.Donaldson @btlaw.com] Sent: Friday, September 17, 2010 9:58 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P; Williams, Anneliese Subject: RE: Plan Commission Resolution Approving 2010 Amendment Old Meridian.DOC;Plan Commission Resolution Approving 2010 Amendment 116th Street Centre.DOC No, the Meridian Main was one of the two resolutions I sent to you. I referred to it as "Old Meridian" because technically the Meridian Main project is within the existing Old Meridian economic development area. Sorry for the confusion. Bruce D. Donaldson Barnes Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 (317)231 -7290 (317)231 -7433 fax email: Bruce.Donaldson @BTLaw.com From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Friday, September 17, 2010 9:53 AM To: Donaldson, Bruce Cc: Hollibaugh, Mike P; Williams, Anneliese Subject: RE: Plan Commission Resolution Approving 2010 Amendment Old Meridian.DOC;Plan Commission Resolution Approving 2010 Amendment 116th Street Centre.DOC Thank you. ...So the Meridian Main EDA resolution is still on hold? -Angie Conn, Planning Administrator From: Donaldson, Bruce mai lto:Bruce.Donaldson @btlaw.com] Sent: Friday, September 17, 2010 9:46 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P; Forwarding E -mail, Dierckman, Leo; wabsci @aol.com; Hardin, Steven D.; Brainard, James C; Williams, Anneliese Subject: Plan Commission Resolution Approving 2010 Amendment Old Meridian.DOC;Plan Commission Resolution Approving 2010 Amendment 116th Street Centre.DOC Angie, Per my discussions with Mike Hollibaugh and Leo Dierckman yesterday, we would like to add the two resolutions attached hereto in Word to the beginning of the agenda for next Tuesdays Plan Commission meeting (Sept. 21). These resolutions approve supplements to the economic development plans for the Old Meridian and 126th Street economic development areas previously established by the CRC. The CRC resolutions approving the supplements are attached as a PDF file and are expected to be adopted at a special meeting of the CRC to be held on Tuesday (Sept. 21) at 5:00 p.m. Mike Shaver is finalizing the plan supplements and will email those to you directly. Please let me know if you have any questions. Thank you. Bruce D. Donaldson Conn, Angelina V From: Conn, Angelina V Sent: Friday, June 25, 2010 11:45 AM To: bruce.donaldson @BTLaw.com Cc: 'Williams, Anneliese';' Wabsci @aol.com'; Hancock, Ramona B; Hollibaugh, Mike P Subject: RE: Plan Commission "Affirmation of Conformity' for Meridian Main Hello, Bruce just wanted to verify that you will not move forward with the Pian Commission resolution at the July 20 Pian Commission meeting. The next meeting is August 17, with 15 copies of the resolution and supplemental documents due on Friday, August 6, by noon, should you choose to move forward at that time. Thanks, -Angie Conn, Planning Administrator From: Williams, Anneliese mailto :Anneliese.Williams @btlaw.com] Sent: Tuesday, June 01, 2010 11:15 AM To: Conn, Angelina V; Donaldson, Bruce Cc: Hollibaugh, Mike P; Hancock, Ramona B; Wabsci @aol.com Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Angie, I just confirmed with Bruce that we will not be moving forward with this item for June's meeting. We will be in touch regarding the future scheduling of this item. Thanks, Anneliese Anneliese V. Williams Barnes Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 317.231.6425 phone 317.231.7433 fax From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Tuesday, June 01, 2010 10:21 AM To: Donaldson, Bruce Cc: Hollibaugh, Mike P; Hancock, Ramona B; Wabsci @aol.com; Williams, Anneliese Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Good morning, Bruce: I hope you had a nice Memorial Day weekend. Are you moving forward with the Pian Commission resolution item this month? If so, our department needs 15 copies of the resolution and supporting documents /ED Plan by noon this Friday, so that we can mail the info out to all Carmel Plan Commission members. Please let me know. Sincerely, 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, June 01, 2010 11:15 AM To: 'Williams, Anneliese' Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Thank you for the update. -Angie Conn, Planning Administrator From: Williams, Anneliese [mailto:Anneliese.Williams @btlaw.com] Sent: Tuesday, June 01, 2010 11:15 AM To: Conn, Angelina V; Donaldson, Bruce Cc: Hollibaugh, Mike P; Hancock, Ramona B; Wabsci @aol.com Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Angie, I just confirmed with Bruce that we will not be moving forward with this item for June's meeting. We will be in touch regarding the future scheduling of this item. Thanks, Anneliese Anneliese V. Williams Barnes Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 317.231.6425 phone 317.231.7433 fax From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Tuesday, June 01, 2010 10:21 AM To: Donaldson, Bruce Cc: Hollibaugh, Mike P; Hancock, Ramona B; Wabsci @aol.com; Williams, Anneliese Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Good morning, Bruce: I hope you had a nice Memorial Day weekend: Are you moving forward with the Plan Commission resolution item this month? If so, our department needs 15 copies of the resolution and supporting documents /ED Plan by noon this Friday, so that we can mail the info out to all Carmel Plan Commission members. Please let me know. Sincerely, Angie Conn, Planning Administrator City of Carmel Planning Zoning Dept 1 Civic Square, 3rd Fir 1 Conn, Angelina V From: Donaldson, Bruce Bruce.Donaldson@btlaw.com] Sent: Tuesday, May 04, 2010 10:03 AM To: Hancock, Ramona B Cc: Conn, Angelina V; Hollibaugh, Mike P; Williams, Anneliese Subject: RE: Plan Commission "Affirmation of Conformity' for Meridian Main Ramona, The Carmel Redevelopment Commission has decided to postpone its action on this matter, so we will not be submitting a Plan Commission resolution to you this Friday. We will let you know when we think we are ready to come back to the Plan Commission. Thank you. Bruce D. Donaldson Barnes Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 (317)231 -7290 (317)231 -7433 fax email: Bruce.Donaldson @BTLaw.com From: Hancock, Ramona B [mailto:RHancock @carmel.in.gov] Sent: Tuesday, April 27, 2010 8:56 AM To: Donaldson, Bruce Cc: Conn, Angelina V Subject: RE: Plan Commission "Affirmation of Conformity" for Meridian Main Bruce Donaldson: The deadline for submitting info material is Noon, Friday, May 7. Please have the revised plan in the DOCS office by that time for distribution to Plan Commission members. If you have any questions, please let us know. Ramona Hancock From: Donaldson; Bruce mailto :Bruce.Donaldson @btlaw.com] Sent: Monday, April 26, 2010 9:02 PM To: Hollibaugh, Mike P; 'Wabsci @aol.com' Cc: Olds, Les; Carter, Ronald E; 'jbrowning @browninginv.com'; Hancock, Ramona B; Williams, Anneliese Subject: Re: Plan Commission "Affirmation of Conformity" for Meridian Main We have made a number of minor technical comments that we are sending to Mike S, so my vote would be to wait on the revised plan before distributing to plan commission. Sent from my BlackBerry Wireless Handheld 1 Conn, Angelina V From: Wabsci @aol.com Sent: Thursday, April 22, 2010 9:37 AM To: Hancock, Ramona B; bruce.donaldson @BTLaw.com Cc: Conn, Angelina V; jbrowning @browninginv.com Subject: Re: Plan Commission "Affirmation of Conformity" for Meridian Main Thank you very much. i am including the CRC attorney, bruce donaldson, on this response, so that he can provide you, directly, with the appropriate documents that he is drafting. We very much appreciate your prompt response. In the interim, if questions arise, please feel free to contact me. mike shaver In a message dated 4/22/2010 9:34:37 A.M. Eastern Daylight Time, RHancock @carmel.in.gov writes: Good Morning, Mike Shaver: I am copying Angie Conn, DOCS planner, on this email. Angie will place this item on the Plan Commission Agenda for the May 18 meeting. By return email, please forward the current Draft Version of the Affirmation of Conformity document. Also note that the original and 12 copies of the Final Version of the document are to be delivered to the DOCS office no later than Noon on Friday, May 7. Thank You. Ramona From: Wabsci @aol.com [mailto:Wabsci @aol.com] Sent: Thursday, April 22, 2010 8:51 AM To: Hollibaugh, Mike P Cc: Olds, Les; Carter, Ronald E; jbrowning @browninginv.com; bruce.donaldson BTLaw.com Subject: Plan Commission "Affirmation of Conformity" for Meridian Main Mike, I hope this note finds you and your family in good health. 1 Conn, Angelina V From: Wabsci @aol.com Sent: Thursday, April 22, 2010 8:51 AM To: Hollibaugh, Mike P Cc: Olds, Les; Carter, Ronald E; jbrowning @browninginv.com; bruce.donaldson @BTLaw.com Subject: Plan Commission "Affirmation of Conformity" for Meridian Main Attachments: crc m &m ed plan draft 100422.docx Mike, I hope this note finds you and your family in good health. At last night's meeting of the CRC, I presented the Meridian Main ED Plan for their consideration. The CRC then placed the Meridian Main ED Plan on the agenda for their special meeting on May 6. It is anticipated that the CRC will approve the Meridian Main ED Plan at the May 6 special meeting. Assuming a CRC approval of the ED Plan, the next step in the TIF process would be to ask the Plan Commission for 'affirmation of conformity of the Meridian Main project with the Comprehensive Plan. It is my understanding that the Plan Commission would be meeting on May 18. Please advise me of any specific actions which i need to take to place the 'affirmation of conformity onto the May 18 Plan Commission agenda. For convenience, I am attaching a copy of the most up to date version of the Meridian Main ED Plan. Please let us know what the Plan Commission process requires of us. In the interim, please give my greetings to your lovely wife. Mike Shaver 1