COMMON COUNCIL
CITY OF NOBLESVILLE
NOVEMBER 25, 2014
The Common Council of the City of Noblesville met in regular session on Tuesday, November
25, 2014. Mayor John Ditslear called the meeting to order pursuant to public notice with the
following members present: Mark Boice, Rick L. Taylor, Roy Johnson, Stephen C. Wood, Brian
Ayer, Jeff Zeckel and Gregory P. O’Connor.
Also present were Clerk-Treasurer Janet Jaros, Deputy Mayor Michael Hendricks, City Attorney
Michael Howard, department directors, members of the media, and interested citizens.
APPROVAL OF MINUTES: NOVEMBER 10, 2014
Mr. Zeckel moved to approve the minutes as submitted, second Mr. Taylor, six aye, one
abstention. Mr. Ayer abstained due to being absent from the meeting.
APPROVAL OF AGENDA
Mr. O’Connor moved approve the agenda as presented, second Mr. Ayer, seven aye.
PETITIONS OR COMMENTS BY CITIZENS WHO ARE PRESENT
Patty Gordon, 1164 Cherry Street, Noblesville, IN 46060 addressed the Council. Mrs. Gordon
stated she and her family got some chickens in the spring and did not know it was not allowed.
They would like to change the ordinance to allow chickens. They have hens and no roosters.
The hens lay eggs every day for their table. The hens are kept clean. They don’t stink. They
don’t bark like the neighborhood dogs do, and they don’t run stray like the cats. She would like
the ordinance to be changed.
Shellie Gordon, 12701 Buck Run Drive, Noblesville, 46060, spoke next. She also came in
support of an ordinance to allow chickens. None of the neighbors knew about the chickens until
her parents mentioned it. They wanted to be good neighbors and inform them. Some of the
neighbors have purchased the eggs. They are definitely healthier. The chickens can’t be heard.
No one can tell the pen is there because there is a privacy fence. The pen is kept clean. The
chickens are very friendly.
Peter Lapitsky, 1139 Cherry Street, Noblesville, IN 46060, spoke last. He lives across the street
from the Gordons. Mr. Lapitsky stated he moved to Noblesville nine years ago when he retired.
He and his wife fell in love with Noblesville’s architecture and the quietness of the community.
They consider the Gordons to be very good neighbors. The chickens do not bother him. Mr.
Lapitsky stated he didn’t know about the chickens until the Gordons told him. He has no
problem with the chickens.
Mr. Wood stated he has known the Gordons for approximately 40 years. They have lived in
their home on Cherry Street for all of that time. Mr. Wood understands the Gordons got in
trouble over their chickens, but there is an ordinance that bans chickens. Mr. Wood suggested
the Gordons contact the Planning Department to draft something to bring to the Council to
discuss. Mr. Wood thanked the Gordons for coming.
MAYOR’S REPORT TO COUNCIL
Mayor Ditslear stated he attended two different functions honoring our veterans on Veterans
Day. On November 13th, he attended a ribbon cutting at The Ville, 101 N. 10th Street. On the
same day, the City hosted an Economic Development Awareness and Partnership Appreciation
event at The Ville. Approximately 30 site selectors and developers from around Central Indiana
attended. On November 17th there was a ribbon cutting at the new Perkins Restaurant near Exit
210. It is owned by the same people that own the Perkins on Noble Creek Drive. Mayor
Ditslear attended a meeting on the State Road 37 Improvement Project along with several
Council members. There was a ribbon cutting and tour of the Noblesville High School, now that
construction is complete. Freshmen are now on the high school campus, thanks to the
referendum that also allowed Ivy Tech to come to Noblesville. City Hall will be closed on
COMMON COUNCIL
CITY OF NOBLESVILLE
NOVEMBER 25, 2014, PAGE II
Thursday, November 27th and Friday, the 28th in observance of Thanksgiving. On Friday night,
the Chamber of Commerce will sponsor a tree lighting at the Judicial Center, and Main Street
will have ice sculptures on the Square. Sunday Santa Claus comes to town. The annual
Christmas parade begins at 2:00 p.m. Jim Wafford of Logan Street Signs will be Grand
Marshall.
COUNCIL COMMITTEE REPORTS
There were no committee reports.
APPROVAL OF CLAIMS
Mr. Taylor moved to approve the claims, second Mr. O’Connor, seven aye.
NEW ORDINANCES FOR DISCUSSION
#50-11-14
COUNCIL TO CONSIDER ORDINANCE #50-11-14, AN ORDINANCE
ANNEXING THE SOUTHWEST CORNER OF SUMMER ROAD AND EAST
156TH STREET AND RESOLUTION #RC-37-14 ADOPTING THE FISCAL
PLAN (ANDY WERT)
Mr. O’Connor moved to introduce Ordinance #50-11-14, second Mr. Wood. Mr. Beery stated
there are two four acre lots in this parcel. The City has worked with the owner to connect the
sewer in exchange for right-of-way for a possible roundabout at 156th Street and Summer Road.
Mr. Ayer moved to adopt Resolution #RC-37-14, second Mr. Taylor, seven aye.
PUBLIC HEARING FOR THE ANNEXATION OF THE SOUTHWEST CORNER OF
SUMMER ROAD AND EAST 156TH STREET
Mr. Boice opened the public hearing for the annexation of the southwest corner of Summer Road
and East 156th Street. Mr. Ayer moved to close the public hearing, second Mr. Wood, seven aye.
#51-11-14
COUNCIL TO CONSIDER ORDINANCE #51-11-14, AN ORDINANCE
CHANGING THE NAME OF CORPORATE PARKWAY BETWEEN 136TH
STREET AND CAMPUS PARKWAY TO CABELA’S PARKWAY
(JOHN BEERY)
Mr. Wood moved to introduce Ordinance #51-11-14, second Mr. O’Connor. Mr. Beery stated
the name of the street will actually be “Cabela Parkway”. There are no current addresses on the
street, so the Engineering Department recommends that the name change be approved. The road
is finished. Cabela’s will reimburse the City for the signs, which is nominal. Mr. Zeckel stated
he has been to two different Cabela’s around the country, and they were both on Cabela
Parkway. This appears to be standard practice for them. Mr. Taylor asked when they will break
ground. Mr. Beery replied they already have. The foundation is in and a section of wall is up.
#52-11-14
COUNCIL TO CONSIDER ORDINANCE #52-11-14, AN ORDINANCE
CONCERNING THE VACATION OF ATLANTIC ROAD BETWEEN 146TH
STREET AND I-69 (JOHN BEERY)
Mr. Johnson moved to introduce Ordinance #52-11-14, second Mr. O’Connor. Mr. Beery stated
this is our eastern boundary on the county line. There have been some maintenance issues and
dumping in the area. The City cannot secure it due to right-of-way issues. The public hearing
was advertised, and certified mail was sent to the adjacent property owners.
COMMON COUNCIL
CITY OF NOBLESVILLE
NOVEMBER 25, 2014, PAGE III
PUBLIC HEARING FOR THE VACATION OF ATLANTIC ROAD BETWEEN 146TH
STREET AND I-69
Mr. Boice opened the public hearing for the vacation of Atlantic Road between 146th Street and
I-69. Joseph Kent Underwood, 13225 Rhone Trail, Fishers, IN 46037, came forward to speak.
Mr. Underwood stated his family has owned property on Atlantic Road for 80 years, and during
that time, the County always took care of the road. The last several years, it has not been
maintained. It is to the point where it can’t be driven on. Mr. Underwood stated last spring he
had to bring in a tri-axle truck to fill one pothole in order to get to his property. Mr. Underwood
stated he has paid taxes for years. If the road is vacated, whose responsibility will it be. There
are four property owners, plus sign owners, plus the gas company. The road gets used. Just
because it is a dead end, doesn’t mean it isn’t a public road. If the road is given to the property
owners, who will take care of what section, and what if they don’t take care of it. That is why
government exists. If all roads had to be taken care of by the property owners, where would our
streets be. Mr. Underwood asked the Council if the road is vacated that it be brought up to
standards first so that the owners can take proper care of it. Mr. Wood asked Mr. Howard how
long Atlantic Road had been owned by the City. Mr. Howard replied it was annexed about six
or eight years ago. Mr. Wood asked if it has been maintained. Mr. Beery replied the Street
Department has been out, but there are issues that have caused problems. Mr. Boice stated he
was confused. This property is in Noblesville, but Mr. Underwood gave a Fishers address. Mr.
Ayer stated there are no homes on this section of road. There are farm fields on both sides, a
couple of billboards, and a gas line that runs through one of the fields. Mr. Wood asked if the
City is responsible for the road. Mr. Howard replied yes, by statute a city is responsible for its
southern and eastern boundaries. Mr. Howard asked Mr. Underwood which side of the road his
property is on. Mr. Underwood stated his is on the west side. Mr. Ayer stated this may need to
be discussed in the Roads Committee meeting. The Committee will meet before the next
Council meeting.
Mike Smith, 7137 W 675 S, Pendleton, IN 46064, came forward to speak next. Mr. Smith owns
farm land on the east side of this section of Atlantic Road. There have been no repairs to the
road in seven years. Mr. Smith provided pictures of the potholes to the Council. There are at
least 18 potholes that all four wheels of his pickup will fit in. They are six to eight inches deep.
Mr. Smith stated he has called every year before planting and before harvest to try to get the road
fixed. Mr. Smith stated he spoke with the Street Commissioner, who asked if he would like road
that had been crumbled. He replied he would take anything. One load was brought out.
Nothing else has ever been done. Mr. Smith stated his concern is if it is fixed and the owners
take it over, then what will happen when the City wants it back. Eventually the City will grow
out there and will want the road back. The second concern is the road is very hard on the farm
equipment and semis needed for the crops. Even though no one lives there, the road is still used.
Mr. O’Connor moved to close the public hearing, second Mr. Wood, seven aye.
#53-11-14
COUNCIL TO CONSIDER ORDINANCE #53-11-14, AN ORDINANCE
REGARDING USE OF ADMISSIONS PAYMENTS FOR PAYMENT OF
DEBT SERVICE ON CERTAIN OUTSTANDING OBLIGATIONS
(MICHAEL HOWARD)
Mr. Johnson moved to introduce Ordinance #53-11-14, second Mr. O’Connor. Mr. Howard
stated when the Music Center was annexed, they agreed to an admissions tax to help pay for
construction of the roads leading to it. The City receives funds every year. Under the statute, the
funds can be used solely for bond payments for the roads that are there. This is what the City has
done, but there has never been an ordinance formally pledging the revenue to the debt service on
the bonds. This ordinance will provide that. Mr. O’Connor moved to waive the rules and pass
Ordinance #53-11-14 on the first reading, second Mr. Taylor, seven aye. The following roll call
vote was recorded:
AYE: Mark Boice, Rick L. Taylor, Roy Johnson, Stephen C. Wood, Brian Ayer, Jeff Zeckel and
Gregory P. O’Connor. Seven aye, motion carries.
COMMON COUNCIL
CITY OF NOBLESVILLE
NOVEMBER 25, 2014, PAGE IV
MISCELLANEOUS
#1
COUNCIL TO CONSIDER FUNDING FROM THE LOGAN STREET TIF
DISTRICT FOR THE FEDERAL HILL PARK PROJECT
(MICHAEL HENDRICKS)
Mayor Ditslear stated the goal of Federal Hill is to extend Downtown to the west and make the
River more of an asset. It meets at least ten of the goals in the Comprehensive Plan that was
created by our citizens. The Council received information on possible Economic Development
in the area for additional revenue to fund the TIF. There are also details on the cost of the park
that have been provided. The City has spoken to Kroger and Riverview. Both of them are very
supportive of the park. There are some citizens that would like to speak.
Christy Langley, 15751 Chapel Park Drive East, Noblesville, IN 46060 addressed the Council.
Mrs. Langley stated she moved to Noblesville in September of last year. She loves Promise
Road Elementary School and wanted her son to attend school there. She also moved to be a part
of the community that she puts so much of her heart into. Council is currently taxing developers
to put high end housing stock in this community. The Council wants a high quality product.
People who purchase a high quality product have high quality-of-life expectations. The two are
intrinsically related. There can’t be one without the other. If there is going to be high end
housing, there is a price tag that comes with it. The price tag is $6 million for the park.
Chris Owens, 1210 Conner Street, Noblesville, IN 46060, spoke next. Mr. Owens thanked the
Council for its support for Main Street. As executive director, he has come both personally and
professionally. He stated Federal Hill is an opportunity to create a new and unique space for
community events and engagement, to better brand and use the western side of the River leading
into Downtown. It fulfills an objective in the Comprehensive Master Plan and helps set the
direction for future development. Mr. Owens stated his family made a decision to move to
Downtown based on walkability, connectivity, and quality of life. This project is a cultural asset
for the City, enhancing the historic Courthouse Square and building more value into the
Downtown Noblesville experience. Professionally, as director of Main Street, Riverview
Hospital has informed Main Street that the space for Farmers Market the last few years will no
longer be available. That is not a bad thing, because it means there will be development coming.
Main Street is actively seeking a property for the Farmers Market as well as other programming.
A property like Federal Hill could mean a lot to Main Street. There wouldn’t be the need for
encroachments and City services that there is now. Main Street supports funding Federal Hill at
the highest level and thanks the Council for their consideration.
Mayor Ditslear stated this is the right thing to do. He asked for the Council’s support. Mr.
O’Connor stated the economy works. Mr. Howard provided very thorough numbers. Mr. Ayer
stated he is concerned about the TIF funds getting too low. There needs to be money left for
other opportunities. Mr. Zeckel stated naming rights and sponsorship for public art can be
explored to enhance the park. A gateway is the best use for a flood plain. Mr. Wood stated
spending over $8 million is too much to spend for a flood area. He applauds everyone’s effort,
but this is not the right time. Mr. Johnson stated this would be a great tool for economic
development. It can lay there and rust, or it can be used to build something wonderful. Mr.
Taylor stated something wonderful could be built for $5 million. Mr. Ayer stated his
conservative nature cannot see spending $1 million per acre on a flood plain. Mr. O’Connor
moved to approve $6 million from the Logan Street TIF to fund Federal Hill, second Mr.
Johnson, four aye, three nay. Mr. Taylor, Mr. Wood, and Mr. Ayer voted nay.
#2
COUNCIL TO CONSIDER 2015 ENCUMBRANCES ( JANET JAROS)
Mrs. Jaros stated this request is to approve the encumbrances for 2015 out of the 2014 budget. It
is the lowest number in a very long time. The total amount of the encumbrances is $156,347.00.
Of that, $100,000.00 is the Fire Department, encumbered for their firemen. Mr. O’Connor asked
if Hittle is the City Hall landscaping contractor. Mrs. Jaros replied yes, there is a retainer on the
COMMON COUNCIL
CITY OF NOBLESVILLE
NOVEMBER 25, 2014, PAGE V
plants, so that if any die over the winter there will be $5,000.00 to replace them in the spring.
Mr. Zeckel moved to approve the 2015 encumbrances, second Mr. Taylor, seven aye.
#3
COUNCIL TO CONSIDER RESOLUTION #RC-38-14, A RESOLUTION
APPROVING THE EXTENSION OF CITY SEWER SERVICE TO
TEMPLETON RIDGE (JOHN BEERY)
Mr. Beery stated the Templeton Ridge development is outside the City limits but has requested
to tap into the City sewers. The line already extends there, so there is no cost to the City. The
developers have agreed to sign a waiver that there will be no remonstrance and include it on their
plat. If the area is annexed at a later date, they would not fight it. Contiguous areas are likely to
annex in the near future. Mr. O’Connor moved to approve Resolution #RC-38-14, second Mr.
Johnson, seven aye.
#4
COUNCIL TO CONSIDER RESOLUTION #RC-39-14, A PRELIMINARY
RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA
FOR PRO-GARD PRODUCTS, LLC, AND ESTABLISHING A PUBLIC
HEARING (JUDI JOHNSON)
Mrs. Johnson stated this resolution concerns a competitive project for manufacturer Pro-Gard
Products, LLC. They have outgrown their current location and are interested in the building at
9650 E. 148th Street in the Noblesville Business Park. They would occupy the 33,000 square
foot building and add an additional 15, 000 square feet. As an incentive to occupy the building
and add on, there is a 100% abatement for 10 years on the 15,000 square foot expansion only.
This will bring 34 employees to Noblesville, with the promise of adding five employees. Mr.
Johnson moved to approve Resolution #RC-39-14, second Mr. Zeckel, seven aye.
#5
COUNCIL TO CONSIDER RESOLUTION #RC-40-14, A RESOLUTION
APPROVING THE ISSUANCE OF LEASE RENTAL REFUNDING BONDS
BY THE NOBLESVILLE REDEVELOPMENT AUTHORITY
(MICHAEL HOWARD)
Mr. Howard stated the Hamilton Town Center bonds are being refunded. This will provide
interest savings and reduce the annual lease payments over the life of the bonds. This resolution
will allow the Redevelopment Authority to close on the bonds before Christmas. Mr. Ayer
moved to approve Resolution #RC-40-14, second Mr. Wood, seven aye.
COUNCIL COMMENTS
Mr. Ayer informed the Council that City Court Judge Gregory Caldwell’s mother passed away
last Saturday in Richmond and asked everyone to keep him in their thoughts and prayers. There
are many activities this weekend that Mayor Ditslear already mentioned. Mr. Johnson stated the
firefighter’s toy drive is underway. Mr. Boice asked if the Sister Cities request has been
addressed. Mayor Ditslear replied it has been completed.
ADJOURNMENT
There being no further business before the Common Council this 25th day of November, 2014,
Mr. Wood moved to adjourn the meeting, second Mr. Boice, seven aye.
_______________________________
JOHN DITSLEAR, MAYOR
ATTEST:
___________________________________
JANET S. JAROS, CLERK-TREASURER