PLAINFIELD TOWN COUNCIL. June 23, 2003

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1 PLAINFIELD TOWN COUNCIL June 23, 2003 The Plainfield Town Council met on Monday, June 23, In attendance were Mr. Brandgard, Mr. Young, Mr. McPhail, Mr. Ward and Mr. Kirchoff. PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approval of the minutes of the Town Council meeting of Monday, June 9, Third Reading and Adoption of Ordinance No : An Ordinance Rezoning Real Estate from AG Agricultural to R-2 Low-Density Residential for Avalon Estates. 3. Second Reading of Ordinance No : An Ordinance Establishing Speed Limits on Certain Specific Streets. 4. Authorization to allow the Town Attorney to send an Offer to Purchase Lots Number One and Two in Block Number Two in the Original Town of Plainfield from Mid Realty Corporation. 5. Approval of the Indiana Department of Commerce Infrastructure Grant #IDGF in the amount of $94, and authorizing the Town Council President to sign the agreement. 6. Approval of Change Order No. 2 for Interurban Depot Project in the amount of $1, and authorizing Councilor Ward to sign the change order per Ratio Architects recommendation dated May 27, Authorization to disburse $50.00 from the Plainfield Fire Department Beneficent Fund Heartland for Crossing Safety Day and $ to the Optimist Cheerleading League per Chief Byron Anderson s report dated June 23, Approval of Pinnacle Mapping Technologies Inc. Agreement for 2003 for color orthophotography and photogrammetric in the amount of $127,501.00; authority to advertise and receive bids for the South Waste Water Treatment Plant and related projects; approval to acquire and install pedestrian crossing lights at the greenway trail crossings at the Plainfield Skate Park and the Friendship Gardens Park and approval to prepare a Memorandum of Understanding between the Town and Chris Sercer and Loraine Mongan Sercer for an exchange of right-of-way and easements at the southwest corner of Moon Road and U.S. 40 per the Town Engineer s Report dated June 20, Authorization to add the Aquatic Facilities Operations Manager, Recreation Facilities Operations Manager, Administrative Services Coordinator and Utility Billing Director as covered PERF positions and promotion of Scott Poston and Jared McKee to Corporal effective June 23, 2003 at a bi-weekly salary of $1, as provided for in the amended 2003 Salary Ordinance per the Human Resources Director s Report dated June 23, Mr. Kirchoff said on the minutes of June 9, 2003 on the Consent Agenda item number 1 should read the minutes of Thursday, May 29, Mr. Young made a motion to approve the Consent Agenda as amended. Second by Mr. McPhail. Roll call vote called. PUBLIC HEARINGS Mr. Brandgard said we have two public hearings this evening. The first is for the Vandalia annexation. Mr. Carlucci said I have noticed a public hearing for tonight for the Vandalia annexation. It shows you that there have been probably! 1

2 about annexations that we have done since I have been here. Vandalia is really the name of the old railroad that went through here prior to Penn Central owning the right-of-way. The annexation is really the annexation of land that we already own. The Vandalia railroad right-of-way or the former Penn Central Railroad right-ofright really starts at the Duncan property and moves toward the Township Line Road as you are heading east. That piece was not in the Town. It also includes a piece of right-of-way that we improved that was in the County that we approved for part of that Perry Road project. Where Perry Road starts and where the Township Line Road ends we will have to determine some day. But basically it is the north Perry Road project on the new right-of-way that we bought plus a portion of the existing Township Line Road and the railroad right-of-way, which we also own. Basically it brings the property under the Town s jurisdiction. The important part of that is if we eventually develop a trail through there, that trail will come along that railroad right-ofway. It will curve around with the road back down to U.S. 40. What we don t want to happen some day is be able to issue a citation out there and realize that it is not actually in the Town for us to do that. So, it is approximately 10.9 acres or 10.1 acres. It is not very large but it takes right-of-way in mostly that we own already except for a small portion of Township Line Road. Which was in the County but we have reconstructed that as part of that new road connection at U.S. 40 as you head east on Township Line Road. You have a copy of the fiscal plan, which really in this case doesn t really say too much because there is no assessment and there are no people living out there. There is no assessed value and there are no structures but it is just basically public right-of-way at this point. This is a public hearing and it was noticed in the paper. It had to be at least 20 days prior to the meeting and we have done that. Here is the notice that appeared in the Hendricks County Weekend Flyer. If there are any questions, I would be glad to answer them. Mr. Brandgard asked, is there anyone in the audience who would care to address us relative to the Vandalia annexation? Being no one coming forward, we will close the public portion of this hearing and deal with it at the appropriate time. Mr. Carlucci said at the last Council meeting the Town Council approved a Declaratory Resolution for Avatar Communications for a three-year tax abatement for a proposed office building in the Saratoga Planned Unit Development. That building will be approximately 5,500 square feet to be located directly south of the St. Stephens Church. I have proof of the notice in the Flyer. There are several people from Avatar here tonight. Mr. Ernie Reno is here who is the principal of Avatar and Chris Jefferson and an intern and another employee of Avatar here. I don t know if they would like to come up and describe that project and show the Council what they are doing. Mr. Reno said it is really exciting for us to be here this evening and it is hard to believe that in five and a half years we have gone from our basement to talking about a project that is close to a million dollars. I think the first thing that I want to say before I forget is to thank all of you who attended the dedication of the statute down at Friendships Garden. That was a wonderful event and Mrs. Asaro asked me to extend to each of you again her appreciation for your attendance at that event. Let me give you an update on the project and tell you where we are. I have a site plan and I will go ahead and pass this around and let you guys look at it as I talk. What we are proposing to do is we have retained CSO Architects. We have been very pleased with them so far. I have had a long working relationship with Les Olds who is the principal and one of the founding partners of CSO. It is really neat because Mr. Olds has agreed to work personally on this project. This is probably like a little bug for him compared to things that he normally does but he has been working with us on the project. We are at the stage where this Wednesday afternoon we will have a meeting and we are hoping to come out of that meeting with final decisions on designs, i.e., a whole set of plans that we will be able to bring to you. I also have for you tonight a preliminary sketch of what we were talking about. These are preliminary sketches but what we are trying to achieve out there is an office building unlike Plainfield has ever seen. What I mean by that is we are planning in front of the building a water feature. Perhaps a waterfall and a garden that will front the building off of Saratoga Boulevard. When you walk into the building, as you guys are looking at that, you will notice that it has this pitched roof. But what we are planning to do is actually extend that! 2

3 out so at least the first two-thirds of the building will probably end up being two-stories. So, that when you walk in the building, what you are going to see, we will have a mezzanine that runs along two sides of the building with a library and some conference rooms, etc. On the back end we will have approximately 1,500 to 2,000 square feet that we can lease to a dentist or doctor. We know that there is a great demand for that kind of space in Town and we really want to take advantage of the market at this point. Since we are talking about the financing tonight I wanted to let you know that our financing has been approved. This is a locally financed project. We are using Lincoln Federal to do our financing. They are partnering with Premier Capital, which is the service provider for the SBA 504 loan program here in Central Indiana. So, our financing is all taken care of. All that is really left to do now is to get the final set of plans. As soon as I have those, we will go ahead and be filing those with the Town and get this going as quickly as possible. Our hope is to be in the building by the end of December so we have a very aggressive time schedule. The plans should be done by Wednesday and we will start the bidding processing soon after. But we already know what we are going to do from an excavation standpoint. We will get a lot of those things started as soon as we get things filed. I wanted to at least show you the conceptual outline and if you had any immediate concerns with that you could let me know and then I can tell the architect. You are going to have plenty of bites to that apple I m sure as we go down the road. Mr. Brandgard said I think as this goes through the approval process conceptually, it looks like a very nice building. Mr. Reno said we are pretty excited about it. I think I believe we are on two corridors, is that correct? We are on the Saratoga Boulevard Corridor and we are on the U.S. 40 Corridor. CSO is being very careful about the design of the building. If anything, I think what you are going to find is this building is going to be overdesigned because that is what we want it to be. We want it to be a first class building. Mr. Kirchoff asked, is it going to be north of U.S. 40? Mr. Reno said yes. I m told that our southern boundary is 400 feet north of U.S. 40, the right-of-way of U.S. 40. Mr. Kirchoff said so it would be line of site people that would see it from U.S. 40. Mr. Reno said yes. Mr. Young said at the last meeting several of my colleagues voiced support of retention of quality businesses like yours for the Town of Plainfield and especially corporate headquarters, which dominates our agenda tonight. So, I want to tell you to see hometown businesses with headquarters choosing to stay in Plainfield is a very positive statement of our community and our working relationship. I think that you will find cooperation on all levels on a project of this quality. Mr. Reno said we appreciate that so much and I want to add this evening that all of our employees either live in Hendricks County now or will within a very short period of time. We have one gal who is going to move to Pittsboro. But this is significant because this is the first time that a firm like ours has ever done anything like this really anywhere in Central Indiana. You will find bouquet firms that has sort of evolved in a house and grown that way but firms just don t do what we are doing. We are hoping that this will send a loud message to the rest of the PR community and the corporate community that this isn t the sticks anymore. This is a growing community. It is well managed and we are proud to be a part of it. I believe strongly that there is a labor pool there that we just haven t tapped into yet because we don t know. There are people who are driving downtown and working at larger firms and now they will have a choice to work here. So, it is going to help us as well as help you so thank you very much for your support. Mr. Brandgard asked, is there anyone in the audience who would care to address the Council relative to the Avatar Tax Abatement? Being no one coming forward we will close this public hearing and we will deal with the ordinances later in the meeting.! 3

4 BUSINESS FROM THE FLOOR Ms. Kuner said I don t know if you remember but we were here in January to ask permission to put on a golf outing for the Plainfield Police and Fire Department for Buffalo Wild Wings. We did that last week. I think everybody had a great time and we are here to present checks this evening. We are happy to announce that we raised $3, per department so here is for the fire department and for the canine unit. A gentleman from the audience said we would like to continue to do this next year and the following years with your approval. We had a great time and we hope to build from this point forward. Mr. Brandgard said we certainly appreciate your interest in the community and I m sure there won t be any problem with continuing with it. Thank you. Mr. Michael Dell at 6584 Captiva Pass, Plainfield said that is in the Glen Haven Community off of Hadley Road. I would like to thank you Mr. President and the members of the Council and Mr. Carlucci and Mr. Daniel and Ms. Mitchell. I represent the Glen Haven Homeowner s Association. I am the president elect since approximately one year ago. Also in attendance tonight we have Jerry Fowler, Vice President of our board and Balinda Marr, Secretary of our board. I put together a brief agenda and some explanation of the topics that I want to discuss. A little bit of background about our neighborhood is I believe Stafford started building in The problems that we are here to address tonight concern the handling from the developer through process of the management company and the turn over to the board of directors for the association. And the physical attractiveness, the finish of the construction, landscaping, maintenance of the ponds and issues of that nature. When I became president of the board one year ago we were in transition from a management company called Genesis Management. They were originally hired by Stafford Development to organize a homeowners association, develop it and transition to neighborhood control after approximately 60% occupancy by the neighborhood. That was a rather rough and bumpy transition. The neighborhood was approximately 85% developed before the board was even really structured. After that happened we really didn t get any control over our neighborhood. There were problems with, I will be careful and not say mishandling of funds, some funds appropriation to pay contractors, maintenance personnel, landscaping and lawn mowing people. They were not paid in a timely fashion. In January 30 th of this year Mr. Fowler and myself went to the offices of Stafford Development and basically demanded that the neighborhood be turned over to the board of directors. And that all past due accounts were going to be the responsibility of Stafford Development. That we wanted nothing to do with that responsibility. They had mismanaged that and it really had broken some trusted relationships with earlier vendors. So, at that point they verbally agreed to let us have control of the neighborhood and start with a clean slate with a zero balance in bank accounts. And they were going to be responsible for past collections and past dues. So, we started off and kind of went off in the blind by ourselves and started trying to work with our neighborhood. Since then we have made some great stride in getting our neighborhood cleaned up and getting some landscaping finished that we feel that we were responsible for. We are still trying to resolve with Stafford and Genesis Management some of the undone issues. This has been met with rather a cold shoulder. It has since resulted in several lawsuits that I m not going to get into flying back and forth between the management company, our neighborhood association and Stafford Development. I m sure that will probably continue for several years. But at this point we have absolutely no corporation with Stafford Development. What they are doing in the neighborhood, if anything, they are doing kind of outside us and they won t inform us of anything so that is kind of where we stand. In interest of time I have put together a little agenda that I want to go through real quick. I have about pictures that were taken this morning so these are very current and this is what our neighborhood looks like today. The first item is sidewalk and curb repairs. The second item is final paving of neighborhood streets.! 4

5 The third item is landscape mound and drainage easement and I will go into further detail on that. Four is the issues with ponds. Five is landscaping and a lot on Kia Court. Six doesn t really regard Stafford but we have a request for several stop signs to be erected. On the inside I put together a little synopsis and we will go ahead and move forward with a picture. As of this date, June 23, 2003, the sidewalk and curb repairs deemed necessary by the Town of Plainfield have been marked for two to three months now. We are aware that the Town, through Mr. Brown s supervision, has made walks through the neighborhood and deemed certain things to be repaired. The paint is beginning to wear off of the curbs and nothing has been done, not one thing. We had a meeting with Donna and Doug Stafford January 3 and they informed us that they would be gone from our neighborhood and finished by mid June. Here it is mid June and nothing has been started. This picture here is the sidewalk at Gadsden Drive and Pascal Lane next to a pond. You can see that they put the sidewalk in last winter after numerous phone calls from us. Obviously, the finished grading has not been finished. If a small child or a pregnant woman would step off of that sidewalk, one she is going to break her leg and two that pond is about eight feet away from it. Also next to that pond is a sewer main hole. I m assuming it is either sanitary sewer or storm water. I didn t read the lid. But that is basically what is finished in our neighborhood as far as sidewalks and things like that are concerned. The next item on the list is on the next page and is the final pavement of neighborhood streets. Again, as of this date, this picture was taken about 8:30 this morning by myself. The neighborhood streets have not had final paving anywhere. There are about three sections for some unknown reason that had about 100 feet of topcoat put down. So, it is very disturbing to drive through the neighborhood and you are up and down and up and down. I will show a picture in a moment that chuckholes have appeared. Now these three holes here are a combination of water valves and certain other things. My understanding is those have to be raised to a minimum level to accommodate the topcoat of asphalt to be put on. Again, this has not even been started. We were promised they would be out here by mid June. We have concerns about maintenance that is going to be necessary on the streets. This shows on this street a line about mid screen that is the topcoat of paving that goes for approximately feet. It is about a three-inch raise so when you drive down through there, you have to slow down to a crawl up on the topcoat and when you go on the other side, you go off. Since we have developed chuckholes at the end of all of these that have had to be filled in. When it rains, we get water retention and mud puddles in the middle of our streets. The next item is a landscape mound and drainage easement on Penny Camp Drive. Originally the board of directors was not going to get involved in this matter simply because it falls onto our neighborhood private property. But after further consideration this effects probably 20 homes. This landscape mound that you see on the left runs all the way down through the neighborhood. It is set approximately feet out the backdoor of all of these homes. If you will look on the bottom right-hand corner of this picture, you will see a small beehive drain. That is the drainage easement for these people s backyards. That mound that you will see, and I will show you another picture in a moment, is approximately four to six feet above their backyard elevation. I do not comprehend, and I m in the water business, that the water is going to get from that backyard to that drain and it doesn t. Ms. Marr and her husband live on Penney Camp but if we get even a quarter inch of rain, they cannot walk out their back door. All of these homes down there, homes, put up with this. They built a fence right up to the landscape easement and they have another feet of property, all be it easement property, their property line shows through that beehive drain. That is half of their backyard that they cannot use. Granted it is easement but I have an easement in my backyard and I use it for my backyard. I just fully understand I cannot put a permanent planting or barn, etc. on it but it is my property that I pay taxes on. Again, this is facing another way south of Pasco Lane and if you were to come to see the neighborhood, this effects probably five to six homes. Again, the easement goes down to the bottom of the swale. You can see the same problem. We have a lot of property that cannot be used.! 5

6 I brought the master plan that I was presented from Stafford Development. In Section 4 of Glen Haven, which is what most of these homes are, that berm, landscape mound, whatever you want to call it, does not exist. It is not there. I haven t looked at Ms. Marr s plot plan for her home but it is not there either. I don t know where this came from. I know there have been some tensions between some property owners in Center Ridge, which this property backs up to and our neighborhood. But we have numerous homeowners that are being robbed of their backyards and they are paying taxes on a lot of land that they are not going to use and they have to maintain them. This is not property where your children can play or even plant flowers. You are probably never going to walk to the other side of the trees. We have a provision in our covenants that we have to approve mini barns. You basically can t put a mini barn behind your home if you live on Penny Camp Boulevard because there is no room to put it. If you look at the bottom of that page, what we would like the Council to consider, and we can approach Stafford about it, but as I have said, they have kind of turned a cold shoulder toward us, but we would like the mound to be removed. The trees can be dug up and moved into the easement I think without an argument. If that is a problem, then we can approach that but the mound either needs to be recessed to the back rear of the property or removed. It doesn t show up on anybody s plot plan. If you would like a copy of that plot plan, I would be happy to leave it with any of the Council members. But it doesn t show up so we would like some cooperation with assistance in getting this resolved. The next page details the issues with ponds. Granted this is our worst pond in our neighborhood but this is about what they look like. The algae problem we pay a landscaping company out of Danville, Indiana that is a licensed chemical agent that put cooper sulfate and algae fighting chemicals in the ponds. We pay them approximately $ a month and that is about the best that they get. As you can also see, and I have noted in my page, the issues of the banks of the ponds when you walk those banks, they are basically sand and gravel. They are never going to retain grass or any kind of turf or vegetation. It has been washed off every year and that is basically what we are left with. You can see some of the channels that are done during heavy rainfall. The pond inlet there is supposed to be riprap, which is basically a large stone, probably a 5-10 pound stone up and around the culvert. It just washes away. In every single one of our ponds it is gone and I have a couple of other pictures of that. Again, that is what all of our bank sites look like. You can t walk them. We used to have a walking trail around some of the ponds but they are absolutely useless. You can see another inlet that all of the riprap is washed down the bank and is in the pond. Also, if you watch, this is a pond. It is at the corner of Pasco Lane and Marko Street. This is the inlet. This pond is basically the last stop for all of the ponds in our neighborhood and from a retention pond that belongs to the Indiana Law Enforcement Academy before it crosses Hadley Road and goes into the creek. This pond is silting in severely. I don t know whether it was not thought of when it was designed, but you can see how shallow the water is in that area. And if we don t address it now, we are going to end up with the cattail growth and vegetation growth, mosquito infestation and ultimately some kind of a disease all be it hopefully minor but still with the West Nile virus I don t want any mosquitoes hanging around. Again, that is a different pond off of Gadsden Drive. That is the majority of what our ponds look like. The next page details the issues with landscaping on Kia Court. The landscaping I really didn t take any pictures of it but as I said earlier, we have a lot of dead trees in our neighborhood that are on common area properties. There is dead vegetation on a homeowner s lot that is their responsibility to take care of. Dead vegetation on the common areas is up to the homeowner s association. Due to the age of the neighborhood and really the struggles with Stafford we don t feel that the association should replace those trees. As of the moment, they have not stepped up to warranty on this or worked with us in any fashion to continue to improve our neighborhood. There is basically no communication. Our concern with this lot on Kia Court, and I will try to wrap up here real soon, is this is the last lot left to be sold in Glen Haven. The lot is only large enough to put the two smallest houses that Arbor offers and then at that you are going to have about feet of backyard before you walk into the water. This lot probably is not going to sell and probably will never sell. It has become really an eyesore for that particular court in that the children play there. And I have nothing against children because I have four kids of my own! 6

7 and they probably end up over there but things get left in that lot. It is a pond front lot so it is very dangerous to have as a community hangout. Arbor does not take care of it. We have to call continually to get them to come out and clean it up and keep it graded because it washes off. When they come in, they basically run a bush hog over it. We have some nice homes on either side. We are a young neighborhood so we are still growing but this is a terrible eyesore and right at this point Arbor has really offered us nothing for it and no assistance whatsoever. Again, that is just another picture of Kia Court, the last lot in our neighborhood. The next page is a request for a stop sign and removal of the barriers. I will go ahead and cover the removal of the barriers first. We understood why the City did it and I m not sure whether it was Mr. Brown or somebody else that requested it. These barriers were erected on Pasco Lane in between Center Ridge and Glen Haven with the efforts to prevent concrete trucks and lumber trucks, etc. from driving across finished paved streets in Center Ridge. Our community is now 100% built except for the one lot, which really I think has no bearing on this. As you can see, this is somewhat of an eyesore. Kids or teenagers are starting to put graffiti on the barriers so it is rather harsh when you walk out your front door, and that is what you see. People put a couple of rubber tires up there to try to prevent cars from driving on the grass and going around. But the real concern is Glen Haven has one entrance and one exit, one way in and one way out. If there were to be a tragic accident at the front of our neighborhood and we have a fire or a medical emergency, there is absolutely no way for medical or emergency equipment to get into our neighborhood. We have 216 homes in our neighborhood. There are a hundred and some occupancy buildings in the Village behind us and we have one entrance and one exit. We would like some cooperation in getting these removed and opening up the thoroughfare. Request for stop signs I don t have a picture, in fact that is probably the last picture I have right there. If I need to put together a more appropriate letter, please let me know and I will do that. At the corner of Glen Haven Boulevard and Captiva Pass that is a long run main thoroughfare. Glen Haven Boulevard is the main thoroughfare from the front of our community back into the Villages. That is probably a good half to three-quarters of a mile or maybe a half to five-eights of a mile to the rear of that. There is one stop sign at Pasco Lane and Glen Haven Boulevard. From there you have a quarter of a mile run into the Village with no stop signs. The speed limit in that community is supposed to be 25 mph. Mr. Brandgard said it should be 30 mph. Mr. Dell said but we get numerous problems and I live on Glen Haven Boulevard so I see it and I ve probably been known to run one or two of them down. We get a lot of cars that run through there at mph. Glen Haven Boulevard and Captiva Pass is a school bus stop and we have hundreds of children in our neighborhood. That stop sign is in the major thoroughfare and when vehicles leave the village, that is their first run down through the neighborhood. They easily will be going mph by the time that they hit that intersection. If we erect a stop sign there, it is going to slow down the traffic for the whole community and give everybody time for a breather. And all of the kids are not going to have to watch their backs when they ride bicycles, etc. down through there. On the last page if any Council member would like to contact any of us, I supplied our whole board of directors phone numbers. There is a mailing address for the board and also we have a local post office box number. If there are any questions anybody would have, I would be happy to answer them. If not, I appreciate your time and cooperation. Mr. Brandgard said we appreciate you bringing that in and I think I will ask Mr. Belcher, the Town Engineer to work with you on that. On the sidewalk and final paving I don t believe we have approved any of the streets and sidewalks out there. Mr. Dell said it is my understanding that the curbs are marked and the water valves are marked. In a brief conversation I had with Mr. Belcher I don t know what the holdup is. They are all marked. Somebody knows what to replace. I don t know if we are waiting on somebody to basically get off their can and do it. I can tell you that the people in Glen Haven are kind of tired of waiting. We fully understand that it is not anybody on the Council but we live in a! 7

8 neighborhood that is three years hold and it looks like it is 30 years old and in bad need of repair. We do not want Stafford Development or Arbor Homes or anybody else involved with this neighborhood to be able to walk away and say there you go there is your neighborhood. This neighborhood is in terrible disarray. We are doing the best we can but there are some issues we are not going to fund ourselves to take care of. It is the developer s responsibility and at the moment I m afraid it is a David and Goliath story and we are not Goliath. As big as we would like to be we are just not getting the cooperation. So, we have come to you for some assistance and to watch our back. Mr. Brandgard said we will look into the sidewalk, curb and street issues. The landscape mound and drainage easement, I don t know what the master plan is that they gave you but they have to build to the approved plans that we have here. And as the things go through our Plan Commission, we probably required the mounding so they may not be on their master plan but they are on the plans that we approved here. So, we can pull those out and show them to you. Mr. Dell said I would hope at the very least that you would understand that we have serious drainage issues as a result of that mound. Mr. Brandgard said Mr. Belcher will look at the drainage issues and see what we can do with that for you. Mr. Dell said that would be wonderful. Mr. Brandgard said the issues with the ponds I think that is another one that Mr. Belcher will try and work with you on that. It is one of those things that the developer should not leave with those in the shape that you are showing. If they are three years old, they should not look like that. Mr. Dell said absolutely not and I understand that there are maintenance bonds still to be signed off on for the neighborhood but we would like to have some involvement in that. I know the City has a punch list but our punch list may be because we live there so we see a little deeper into some things. I m happy to work with Mr. Belcher and get these issues resolved and if he can keep me up-to-date, that would be satisfactory to us. Mr. Brandgard said the same thing with the landscaping. If that is an approved landscaping plan, they are somewhat responsible for making sure that it is there. A request for stop signs and the barrier removal I think that is a fairly easy one to deal with. We thank you for bringing it in. We will work with you in trying to get it fixed. Mr. Dell said I appreciate the Council s time and thank you very much. It was a very good presentation. Mr. McPhail said I have a question for legal counsel. We approve these subdivisions with covenants and at a point and time they all state the responsibility transfers from the developer to the neighborhood association. Is there a legal requirement that when that moves, that these things have to be in good shape? Are these people dependent to fight for their own rights? We are going to continue to be hearing about, hopefully not something that is this bad, but we are going to continue to hear that. Is there something that we can put a little more meat in? I guess I have a floundering question there. Mr. Daniel said one concern is it is private property but it doesn t mean the Town is completely out of it. As he has already mentioned, no matter what the bond status is out there, and I don t know that Mr. Belcher would know off the top of his head, but to the extent that there are performance bonds or maintenance bonds, etc., we can enforce those and go after the bondholders, if he doesn t make this right. We can call the bondholders in and fix it and call the bonds and that sort of thing. When you get beyond that, like the drainage issues, etc., that becomes part of the plan situation whether he built what he was supposed to build. I know there were some issues between two communities here, I think when the second one came in, the first one required them to do some screening, etc. I don t know how much of that may have been a part of this mounding because I know there were two communities involved.! 8

9 Mr. Kirchoff said but the mounding is on the east side and my recollection was it was the one being built on the west there was a concern. Mr. Dell said the issue really isn t that the mounding exists. The issue is if there needs to be a mound, the position of it is set halfway into these people s properties. Like I addressed they are paying taxes on a lot of property that they cannot use. That we fail to understand. Mr. McPhail asked, do you have that on both the east and west sides? Mr. Dell said no, only the east side and that is basically in between Glen Haven and Center Ridge. Mr. McPhail said I remember that there was mounding required when it was approved but as far as the location I have know idea. Mr. Daniel said that is where I was because there were some discussions about that when these projects came in. Mr. McPhail said and there was some discussion with Glen Haven when Glen Haven West went in and some concerns about your neighborhood and having some ponds. Mr. Dell said that falls into the same concerns that we don t want our neighborhood left while they are off selling lots and selling property in a new neighborhood and ours is not finished. It is kind of like we are being left high and dry and really we are frustrated and tired so those are our issues and I thank you for your time. Mr. Carlucci asked, are there still more of the Villages to be built or are they all built out? Mr. Dell said I believe that they are finished. I don t know that they are all occupied but I believe that they are all constructed. I know that they have sold the models back there so I m assuming that tells me that they are finished. I know that they are trying to get their board organized by the first of the year. room. back? Mr. Carlucci said one of the board members is in the back of the Do you know Mr. O Hair if all of those Villages are done in the Mr. O Hair said yes they are but Stafford Development hasn t turned the association over to us yet. Mr. Dell said we went and sat in on what we thought was going to be the transition meeting between the Village and I hate to say but they may have more concerns than we do. Mr. Carlucci said one of the reasons that the barrier was put in was to keep the construction traffic from going back and forth but if the Villages are done and all of those other homes are done, we ought to get those barriers out. We can do it ourselves. We can pick them up and take them out of there and open that up. That shouldn t be an issue anymore. I thought there were still Villages left but there isn t so there is no reason for construction traffic to be in there. Mr. Dell said I live on the corner of Glen Haven Boulevard and Captiva and Paso and the entrance to the Villages is out my side door. There are no construction or concrete trucks up and down our streets anymore. I understand there will be some heavy equipment coming in hopefully when we finally address the final paving and the curb repair but hopefully they should come in our entrance and deal with that. Mr. Carlucci said I know Mr. Castetter has been out there and Mr. Brown on those curbs. Do you have anything to report on that Mr. Castetter? Mr. Castetter said three months ago is the last time that I talked with Arbor Homes. I can t recall his name but he hoped to be in there by the end of July he told me and he would be in and out of there in July.! 9

10 Mr. Dell said if they started today, they wouldn t be done by the end of July. If they started today, I don t believe they could get finished. Mr. Castetter said and like I mentioned about 60% of the curbs have to be replaced. Mr. McPhail asked, when we remove these barriers, is there any need for stop signs between the neighbors? Mr. Dell said Penny Camp Drive and Paso Lane there is an intersection there and again those are two fairly long runs so there may be some stop signs required there. Mr. McPhail said you might take a look at that before we pull the barriers because it seems to me isn t there an intersection as it goes into Center Ridge? Mr. Carlucci said yes. Mr. McPhail said it goes into their main thoroughfare so it seems to me it would need a stop sign there. Mr. Carlucci said I think there is a stop sign there already. A gentleman from the audience said I just want to make a comment that where Center Ridge s thoroughfare is I believe there is already a stop sign there. Mr. Dell said but not at our intersection that is going to be opened up. Thank you for your time. TOWN MANAGER S REPORT Mr. Carlucci said there is a letter in your binders from Duke. Basically they bought three acres from the airport. They have a site right now on the northwest corner of Perry and Reeves Road. There is a mound of dirt there and it on the northwest corner so it is on the west side of Perry Road north of Reeves. They bought that when they bought that other property from Covington Capital. Basically if you look at their site, they bought three acres from the airport, which would be their southwest corner. That squares up that property rather nicely. It was really coming like this, cut out and then along Reeves Road and back to Perry. So, they bought that three acres and it is not inside the Town limits so they would like for us to annex that in. I think that would make that a more viable lot for them and it makes good sense for the airport to sell them that property. They have requested in a letter dated June 13 to have that annexed into the Town. I would need the Council s consent to move forward with that annexation. Mr. Brandgard asked, is there consent? Consent given. Mr. Carlucci said just one last item is we have been looking for a way to connect over to Center Ridge. If we are able to do that, we are able to connect to Glen Haven and Glen Haven West. We looked at the site and what we were concerned about is if we try to run along the north property line of the church and then down, we would then run that trail by almost every house we can get. That is usually a prescription of people getting upset with us. So, when Mr. Belcher and I were out there, we said we could do the more difficult route or do it an easy way. And that is to come on the south property line by the parking lot of the church straight into that flag lot and then over to Hadley Road and then up Hadley Road. That would require us not only to acquire that flag lot but also to get easements on two homes down there that we have to get to Center Ridge. We have been told that lot is for sale. We have been told it has been sold. I don t know. I don t think there has been any building permit issued for it. Mr. Belcher said I called the developer because the last time we checked he owned it and he said he had a buyer and he did sell it. He gave me the name of the person that he sold it to. They are planning on building next year is the best information that he had when I talked to him late last week. That is the latest one on that one. I haven t talked to the owner. I don t know if they have their heart set on it or if they would be willing to buy another piece. I haven t made that call yet.! 10

11 Mr. Carlucci said the only realistic way to do this is really to obtain that lot. If we try to obtain an easement next to someone who wants to build a house, that creates a problem. If we go on the north side and then on the east side, we are just running around buying all of these homes and it creates more of problem with people being against that happening. There is no other good way to connect these neighborhoods and we have several hundred homes out there. Mr. Kirchoff said and we know that we are going to continue to see development that direction. I think it is worth some inquiries to see what we can do. Mr. Carlucci said the interests of the Council is very strong in obtaining that lot, would that be a fair representation? Mr. Kirchoff said yes. Mr. Brandgard said yes. Mr. Carlucci said if we do that, maybe we can work with them. It is really the only way to do it. Even though you may spend $35, a lot if you start dividing all of the homes that are out there into that $35,000.00, that is really a small amount. We still have to get a couple of other easements and some improvements. Mr. Kirchoff said it opens the door to a whole new area, which we have been meaning to do so I think it is worth our efforts. REPORTS Mr. Carlucci said that is what we will do then. Mr. Brandgard asked, is there consent? Consent given. Mr. McPhail said I just have one quick report on the recreation center. The steel has been erected on the south end of the building and they will be in the process of putting the roof on. They are welding trusses for the aquatic center. We still need some more steel items but we are progressing and we expect to begin working on the north end in about a week so we are making some progress. Mr. Kirchoff asked, when will we have a cost estimate? Mr. McPhail said although I do not have anything in writing for you I have done an analysis of the cost. I believe there are ample funds to complete Vestal Road based on everything that I see at this point and time. There are some open issues that we can make a decision on. Some of those costs were paid up front that are refundable from the bond issue if the money is left. Those were in the park and recreation is that correct Mr. Carlucci? And maybe some EDIT funds. Mr. Carlucci said we had to put a million dollars of EDIT and a million dollars of the Food and Beverage Tax up front. We did that by things that we were paying up front for the project as we were waiting for the bond issue to close. So, that two million is spent. I think we have gone above that amount. Mr. McPhail said I think it is 2.6 million. Mr. Carlucci said so we have gone above that amount so what we have been doing is not asking for reimbursement until we get to the end of the project. Normally I would try to work it where we reimburse ourselves back to the Food and Beverage Tax fund but we could do both. I thought we would wait until the end of the project and not reimburse ourselves this early yet and then see if we can have the money available if we have to, for the roadway. The money is gone. It has already been spent. We don t specifically need it for anything else at this point. Mr. McPhail said that is another area of discretion that we have at the end of the project. If we run over that $600, and we don t pay ourselves back, we don t have to because it would be additional funds. But it appears now that we should have ample funds to do Vestal Road and complete the rest of the project without risking that $600, It is close to $600, that we paid up front monies that are refundable. And things could change tomorrow. Have we completed all of the acquisitions on Vestal?! 11

12 Mr. Belcher said no. I met last week with property owners at the corner of Vestal. It has been one of our buyers that we have been working with for some time. It could be a difficult parcel. There are a lot of trees involved and a lot of screening. We still need to see if we can get together on that one so that is a piece of the puzzle that we are working on. Mr. Kirchoff asked, if we were to decide to do that, when is our drop-dead date on the bids that they would expire? Mr. Belcher said I don t remember the date that they formally said they would extend to. My sense is that Reith-Riley would love to do that work. They are not in a position to start it yet. They have a lot of other stuff to do. If we need another month or something, I don t think it would be a problem for them. That is my sense of their willingness to do that work. They know that is a good piece of work. They are all mobilized. I think they would to do it at that price. Mr. Kirchoff asked, would it be appropriate to ask them and check again? Mr. Belcher said yes. We are going to meet with them Wednesday so we will ask them again. We just didn t know what to tell them until now but if it looks good, I think we will get with them. Mr. Kirchoff said I think it is possible. It just fits in the overall plan. I think we will be sorry if we can t get it done because we are going to do it eventually. Mr. Belcher said yes because we will have more traffic on it. There are all kinds of reasons to do it if we can. Mr. McPhail said then I think we ought to petition the County to fix Vestal Road north because it is going to bring traffic through there and that is certainly out of our jurisdiction. Mr. Brandgard said it will be a dramatic change. Mr. Kirchoff said just to make you aware there is another concerned citizen on Dan Jones. He has contacted me. He is concerned with stories or lack of stories that he has been getting from the buyer. Mr. Mahan was in here the last time very upset. This happens to be somebody that I knew through Cinergy. He just doesn t feel like he is getting a straight story. So, I m trying to birddog that with Mr. Belcher and meeting with that property owner to try to get this thing worked out. Mr. Brandgard said it sounds like we need to have a meeting with our agent out there. Mr. Kirchoff said that is the reason that I brought it up. It appears to be somewhat of a pattern here. She is using terms like she feels like she has been lied to and she can t get a straight answer, etc. That is not what we want. It is okay to disagree if we can t agree on money but we need to be honest and forthright with people and she doesn t feel like that is the way that she has been treated. Mr. Young said first of all the Board of Police Commissioners, in addition to the matters that were cleared in the Consent Agenda, the chief reviewed with the police commissioners the budget proposal for next year and went over the rational for his budget work. He discussed the input from the entire department. At that meeting the commissioners and I were invited to my first roll call, which was the bidding session. I m aware that a lot of the department information is filtered by the time that it reaches the Council. Then when I go to the police commissioners, it is less filtered. Roll call is as realistic as it gets. I think it was informative and positive. I was very proud of our chief. I was very proud of his now in place and veteran support staff. If you ever get invited to visit a roll call, please clear your calendar. It is really worth your investment in time. During that our Human Resources Director did roll out the new health benefit plan in detail and had representatives from the firm to a very interested and spirited bunch. It was done very professionally and I was proud of all who had worked hard to provide input and support. And, of course, I think it was worth reporting that if you get an invitation, go. Then the last thing on my two-point agenda is I read with a fair degree of interest the IBJ. And last week I was picking up my copy of! 12

13 IBJ and on the cover I saw our Town Manager, Mr. Carlucci and our Town Council member, Mr. McPhail in color reviewing all of the wonderful things happening in our community. I was very proud to read about our success in the IBJ. I turn on Channel 13 and I saw Council member McPhail on Channel 13 as well. It was very positive public relations for our community so I thought it was worthy of noting that these things are printed and they are read. Mr. Carlucci said Tammy Lieber spent an hour and half out here on a Friday and I took her around. It is nice to know that in her article we are Plainfield and not the west side of the airport, which I said was our biggest complaint. We are not the west side of the airport in Hendricks County. It is Plainfield and I think she understands. It was nice to get her to come out and take that tour. She seems very interested in learning more about the community and I sent her some information. At least she has been out here and she knows what the community looks like, which is more than what we had before. Mr. Lydick said I had some information come in late this afternoon. I m sorry I could not give you an advanced warning of this but we have received a resignation of a Town employee. Richard L. Garner, Jr. is resigning on the Public Works Street Department effective July 11. According to his letter they are moving to Denver, Colorado. Mr. Higbee said I wanted to mention one thing on Glen Haven since it came up tonight and let you know that I was out there on the Villages pursuant to other people who came here or to a Plan Commission meeting in the recent past. We have some good photographs and some information to share with you and the Plan Commission regarding some issues out there as well. My suggestion would be that if the Town decides it wants to deal with the developer out there, that maybe we can get everything together. One of the issues up in the Villages was the lack of a park that was shown on the approved plan. Indeed, you go back there and you see a hill instead of a park. We will have to look at some of those issues when the time comes. I also wanted to quickly remind you about the Hobbs tollhouse, which is the structure out at Raceway and Main Street, which has a legacy of being on the Old National Road for many many years. And having operated as a tollhouse perhaps back in the mid to late 1800s. The Town has been interested in preserving that structure. We have gotten cooperation from the property owner who is willing to donate it if the Town moves it within a reasonable amount of time. Last year we applied for a grant that when you include the Town match, would have been upwards of $200, to both move and rehab that structure. We did not win that grant and neither did anybody house on the Old National Road. We found out that the reasoning seems to have dealt with political and budgetary wrangling that had nothing to do with the merits of the project. I m assured that is not likely to happen again this year. We have been encouraged by the Indiana National Road Association to go ahead and reapply for a grant again. I think I essentially would leave the proposal exactly as is with just the most minor of maybe more explanatory information added to the grant proposal or whatever. However, they also have said that there is no problem if we were to seek multiple sources of funding. In other words, if we were to apply for this grant through the National Scenic Byway Program and also apply for another grant for the same thing, we would not be penalized by the fact that we have gone after multiple sources to fund this. I only throw that out as a brainstorming type of thing, which I need to talk to Mr. Carlucci more about. But I wanted to get your permission to go ahead and resubmit for the same grant that I did last year because it is very timely. The grant deadlines are coming up. Mr. Kirchoff said I came down Raceway a week or so ago and we need to do something because that is deteriorating in the area. If we can do something, I think we really need to. Mr. Brandgard asked, do we know the cost to move it? Mr. Higbee said my recollection is from some budget numbers that the moving piece of it was around $50, That was involving more than four miles down the road. Another thing to consider is if we are not ready to move it to its final location because we don t have the full grant money yet and it is going to take awhile to know when and if we get that, we may want to think about a stopgap plan to move it someplace else just to get it off the property. So, there is no risk of demolition. Then we can move it to its final destination when we! 13