City Council

TOWN OF CICERO TOWN COUNCIL MEETING MINUTES TUESDAY, AUGUST 19, 2025 at 7:00 PM Call to Order: President Cox called the meeting to order and led the Pledge of Allegiance. Ms. Gary gave the prayer. President Cox called for roll call. Members of the Cicero Town Council were present or absent as follows: Present: Joseph Cox Absent: Jacob Everett Eric Hayden Dennis Johnson Emily Pearson Declare a Quorum Present: President Cox declared a quorum with all members present. Others Present: Rhonda Gary, Clerk Treasurer Jeff Rednour, Police Chief Lance Overholser, Fire Chief Frank Zawadzki, Cicero/Jackson Township Plan Commission Director Terry Cooper, Street & Utilities Director Jim Hunter, Parks Superintendent Aaron Culp, Town Attorney Keith Bryant, Town Engineer Bruce Freeman, Storm Water Management Board President Dan Strong, Project Coordinator Approval of Agenda: Mr. Everett made a motion to approve the agenda as amended. Mr. Johnson seconded, motion carried 5-0. Approval of Prior Minutes: Town Council Meeting Minutes, August 5, 2025, 7:00 PM Town Council Executive Session Memorandum, August 5, 2025, 7:45 PM Mr. Johnson made a motion to approve the minutes listed above. Ms. Pearson seconded, motion carried 5-0. Approval of 8/19/25 Claims: Mr. Hayden made a motion to approve the claims dated 8/19/25. Mr. Johnson seconded, motion carried 5-0. Council Committee Reports: 1. OTC Report – Ms. Pearson stated that the Street Festival is Saturday, August 23, 2025, 4:00-9:00 pm at Cicero Community Park. 2. EDC Report – Mr. Everett had nothing to report. 3. SWU Management Board Report – SWU President Freeman had nothing to report. Legal Counsel Report - Mr. Culp had nothing at this time. 1 Cicero/Jackson Township Plan Commission Report – Mr. Strong reported that the Plan Commission, after holding two public hearings on the Estridge Development, sent a non- recommendation to the council with a zero no and seven yes votes on the non-recommendation motion with the Certificate of Action the council has received. Town Engineer Report – 1. Water – Mr. Bryant had nothing new to add. 2. Wastewater – Mr. Bryant reported that work continues on the sludge press building, miscellaneous concrete work, piping work, clarifier and headworks pump equipment installation and other work. Reynolds is getting ready to switch over to the new oxidation ditch and clarifier next month. Mr. Bryant explained the contingency request letter number 3 from Reynolds and recommended approval. Mr. Hayden made a motion to approve use of contingency funds in the amount of $24,308.00 to repair the ceiling in the control room basement. Ms. Pearson seconded, motion carried 5-0. 3. West Jackson Street – In reference to the electrical box, Mr. Bryant informed the council that Duke had not called the electrical subcontractor to schedule the service changes that would allow the pole removal on NE Byron Street. After a lengthy conversation concerning globes on Jackson Street and light placement on the east and west side of North Byron Street, council agreed on one light on the east side and leave the west side as is for now. Mr. Hayden will meet with Dan Strong and Terry Cooper this week to decide upon the final location of the NE light. No decision was made on the globes. Mr. Bryant inquired about Pay Application #5 and asked council to approve for payment. Mr. Hayed made a motion to approve Pay Application #5. Mr. Johnson seconded, motion carried 5- 0. 4. 2025 Community Crossings Matching Grant – Mr. Bryant stated that there will be a preconstruction meeting September 10th for the MLD and Catherine Street Projects. He believes the project should take 3-4 weeks to complete. 5. Morse Landing Drive Project – Mr. Bryant has spoken with Mr. Strong and Director Cooper and the Stormwater Utility Board members. He would like to advertise this project in December to receive bids in January 2026. 6. S. Byron Street Storm Sewer Lining Quotes – Mr. Bryant stated that all of the quotes for the Stormwater Project, which were taken under advisement at the last council meeting, were from reputable companies as he has worked with all of them as has Director Cooper. Mr. Everett made a motion to accept the apparent low quote from Inliner Solutions, LLC, contingent on verification that they had included the known pipe size change. Mr. Johnson seconded, motion carried 5-0. Old Business: There was none. New Business: a. Ordinance No. 08-19-2025-01 – Water Transfers to Improvement & Ordinance No. Ordinance No. 08-19-2025-02 – Wastewater Transfers to Improvement During the Town of Cicero’s audit last week, Ms. Gary was asked for a copy of the ordinances that allow transfers into improvement. Although Ms. Gary and Mr. Culp believe they exist, Ms. Gary could not locate them and asked that 2  council approve the ordinances. Mr. Johnson then made a motion to approve the ordinances listed above. Ms. Pearson seconded, motion carried 5-0. b. Ordinance No. 08-19-2025-03 – CEO Mr. Mitchell of Estridge Homes and Mr. McGraw from Estridge Homes and Attorney Mr. Skelton (attorney), Mr. Rob McGraw from Estridge Homes opened the Rezone Request from AG to R3. Mr. Mitchell began by clarifying that Estridge Homes has made changes to reflect the changes requested to include preserved green space, lowest density and highest average price points. He also addressed the Revis Carson Drainage issues and how they plan to accomplish that at their cost. They have reduced the number of homes from 187 to 170, which is about 1.4 homes per acre, increased side yard setbacks, increased lot depths, now preserving 49 acres on the site, increased perimeter landscape buffers and increased lot sizes. Comments by Citizens: The following citizens were present to oppose the rezone request and object to the Estridge Home Development. Please note that comments are summarized. The 081925 Council Meeting is available for viewing on the town’s website at www.ciceroin.org under the ‘Live Stream Meetings’. 1. Mr. Hahn – Continuing education instructor says follow the money. Who really benefits? Not Jackson Township (JT) residents, they have no vote to determine their future. Input was on a $50,000 taxpayer funded Comp Plan. A landowner and Estridge Homes about to make a lot of money at the expense of the people in this room as well as a struggling utility district with 170 much needed hook ups and Estridge Homes. Whose best interest are you going to follow? Estridge Homes or the people of JT? 2. Mr. Sherer – Lots of questions regarding flooding. Adding 170-180 homes is not good for Mr. Sherer. Fire protection 8-9 miles from FD. Police/emergency protection is nonexistent out there. Please vote no. 3. Mr. Griffin – Disapproves of any development out there. Flooding is a terrible issue. What law allows the council to vote outside city limits, because no authority over you? Can’t find any jurisdiction for Cicero to control JT. Only fits for the district. Mr. Culp explained the Joinder Agreement and Indiana Code 36-7-4 which governs local planning and zoning as well as the structure from the early 1970s. If not, zoning could fall back to the county. 4. Mr. Dunmire – Does the subdivision petition coincide with the comp. plan and subdivision control ordinances? No, it does not. Please follow the comp plan which designates ideal areas near Cicero for R1, 2 and 3 developments. There are many unanswered questions concerning wetlands, creek, reservoir, traffic, crime and noise. Values the rural life and don’t want it devalued by replacing farmland with a subdivision. Please vote no. 5. Ms. Egler – Encourage board members to listen to the opinions of the residents and the comp plan. Future annexation may not be welcomed later if not heard now. Vote no. 6. Mr. Ganey – Two-year resident. It was pleasant until they closed 236th Street. Now it’s going to be more unpleasant with a subdivision. Doesn’t meet the comp plan. Wrong development, wrong place. 3  7. Mr. Moehl – Concerned resident states that the proposed zoning changes does not align with the community’s vision and comp plan. Residential zoning contradicts the vision. Comp plan warns against leapfrogging, discontinuous development. 8. Mr. Thielen – Fought development from the beginning. Never approached, attended every meeting. We don’t want this. Slap in the face, voices not heard, comp. plan ignored. Vote no on any rezoning or any new development in this area. 9. Mr. Snider – Noone has talked to him on this development. Roads & traffic can’t handle it. How can you vote yes on something that’s so unpopular? 10. Mr. Holstein – Bottom line is that the proposed development is in the wrong location. Estridge builds good homes, but numerous issues i.e. not in line with the comp plan, drainage and traffic. Bottom line, align with your community and vote no. 11. Ms. Chance – Proud to be a part of our community here this evening. Residents showed up at the May 14 and June 11 meeting and wrote multiple letters sharing what these communities need from you and desires. No representation in Jackson Township or vote on this board. Estridge states on video that this is the next growth area. Please do the right thing for this community and listen to the residents who will be directly affected and not you all who live in Cicero but those of us who live in the township. 12. Mr. Thifault – Not here to speak ill of Estridge, they are a good company. Concerns: Opening the floodgates for further development to the community, traffic impact as data used was not current due to closure of 236th Street, Revis Carson drain impact. Consider the consequences, it’s too early to make a decision like this. 13. Mr. Chance – Residents of Jackson Township do not get a vote for Cicero positions. We count on you to protect us. Overwhelming majority of Jackson Township residents have said no to this development. Have you polled Cicero residents about taxes and a school referendum to see if this is what they want. Recently adopted new comp plan and immediately go against with a project outside those guidelines. Please vote no and demonstrate you value your community, value Jackson Township community, your integrity by sticking to the comp plan and to demonstrate not a pawn of the utility board i.e. Hamilton County Commissioners. 14. Ms. Strand – Noise ordinances that prevent the use of firearms and some farming operations. Neighborhoods, HOAs and PUDs. JT does not have one currently. They have unique opportunities to preserve. Hopes the petition will be voted no. 15. Ms. Moehl – Concern for safety on sidewalks due to golf carts, electric bikes and dirt bikes. Please listen, look at the comp plan and follow it. President Cox asked if there were any other comments not related to Estridge. There were none. Mr. Culp did address the noise ordinances and that they only apply to our municipal boundaries. The county does have noise ordinances that would apply to that area in the township. Dialogue did continue between the council and attendees. There was discussion regarding Hamilton County Rural District Ordinance No. 7-14-25-A and what was contained in the ordinance and how that ordinance applied to the property owners in the utility district. Mr. Hayden shared comments and conversations that he has had with others, and he’s spent hours and hours working on this. Ms. Chance shared her concerns and comments with the council. 4 Mr. Culp addressed the concern and read part of Indiana Code 8-1-2-125 Available Sanitary Sewer within 300 feet section to address some of the concerns and questions. Mr. Everett had a question for Estridge Development in can you confirm the improvements for the drainage. Which county group/agency worked with you on this? Estridge Development responded that Hamilton County Surveyor designed the plans with consulting engineers and those will be updated, and we will follow those plans with their approval. Mr. Everett did a brief recap and Estridge Homes agreed the recap was correct. Estridge Development stated that they are building a separate pond to capture off-site drainage. The design is still to be done through the construction process phase. President Cox opened up for council discussions regarding the Estridge Development prior to going to a vote. Mr. Johnson stated that he wished there was a passing blister at least around Anthony Road. Mr. Johnson said he did speak to the county about the Revis-Carson drain. He shared that the county in the foreseeable future would not do anything with the drain. If they were to do what Estridge is doing to the drain, it would probably cost as a ballpark figure around $8,800.00 per acre for those living in that area of the Revis-Carson drain. Major improvement with what Estridge is doing. Mr. Hayden stated that he spoke with people in Jackson Township and Cicero. When we had the Lennar discussion, there were a couple of items that had to be addressed. Mr. Hayden spoke about the difference in densities of the developments per acre and Ag District density per acre. At that time the project was voted down and the question was asked what would be feasible in this area. The feedback was 200-250 homes for that area. Estridge Development is about 1.4 homes per acre. Our ordinance calls out 1 home per 1.5 acre in the AG district. This is about half of what the requirement is if you look at the entire land use. This goes into my decision. Mr. Hayden further stated that he hears a lot about this, and it opens the door for the next and next neighborhoods. To me this sets a very high standard of what we collectively in JT are expecting in this area. We are looking for this standard for development in this area and sets a very high bar for future development. Heard a lot about concerns with the utility district and skepticism with the utility district. Utility district is trying to make it work and a lot of efforts from this group made some of that work and why in that ordinance you see that statement. Mr. Hayden further shared his concern with corporations purchasing these homes and them becoming rentals. Mr. Mitchell addressed the concern. Mr. Hayden stated, “I believe this fits with conversations I’ve had with many people.” President Cox stated that he has pondered over this and not just with Estridge. He tends to lean towards as small growth as possible. That is what he ran on and his philosophy. Struggling with and challenges with the utility district and challenges up here and seeing what’s coming and potentially what is in the pipeline. To echo what Mr. Hayden says when it comes to setting the standard of development up here. I look at Lennar and 700 homes denied and definitely not what we want up here. Look at the quality of this development and is being proposed and look at it opposite of opening the flood gates as sets the standard of what the actual development considered up here. All things that have come up Revis-Carson and utility district seem to be 5 working itself out and has always been a major concern. My fear is if deny everything that seems to be the desire up here then when a property owner wants to sell their property, what’s the first thing they are going to do? Run to Westfield to voluntarily annex them. Where are we willing to give a little to get what we want? Back to not 700 but agreeable to 200 homes discussion about AG zoning in the comp plan and why that was left in the comp plan. Ms. Pearson stated that she’s sat in Plan Commission meetings to gain knowledge about what was going on. She spoke to residents in both areas, some for and some against. Most Cicero residents view this as a positive thing. We’re going to have to have development no matter what. Lennar would have been a travesty with traffic, and the impact on kid’s schools. Could be a real problem. This raises the bar to what we can expect in the future. Ms. Pearson does have concerns about the drainage but anything they questioned Estridge about they’ve come back, explained and made those changes. They were very flexible. Mr. Everett stated that he views high-quality development, benefits the community and sets the standard for some things we’d like to see in this area. Great place to live and why so many people here and to me exciting the prospect of having new neighbors in this area. And that’s a positive thing. Traffic and drainage here are issues, but we have to trust to those who specialize in those areas. President Cox explained motions are made in the positive, not necessarily that the vote will go that way, but opens the floor for the vote. President Cox asked Mr. Culp to explain why we do it in the same meeting to rezone R3 and the Planned Unit Development (PUD) and why it protects us. Mr. Culp did explain the process and the additional requirements the PUD offers. After the ‘Comments by Citizens’, Mr. Hayden made a motion to approve Ordinance No. 08-19- 2025-03 Rezone Request from AG to R3. Ms. Pearson seconded. President Cox called for a roll call vote. The votes were as follows: Mr. Hayden – yes, Mr. Johnson – yes, Mr. Everett – yes, Ms. Pearson – yes, President Cox – yes. Motion carried 5-0. c. Ordinance No. 08-19-2025-04 – Rezone Request from R3 to PD-R3 Mr. Hayden made a motion to approve Ordinance No. 08-19-2025-04 Rezone Request from R3 to PD-R3. Mr. Johnson seconded the motion. President Cox called for a roll call vote. The votes were as follows: Mr. Hayden – yes, Mr. Johnson – yes, Mr. Everett – yes, Ms. Pearson – yes, President Cox – yes. Motion carried 5-0. Miscellaneous: There was nothing. Comments by Citizens: Moved to New Business. Motion to Adjourn: Mr. Hayden made the motion. Ms. Peason seconded, motion carried 5-0. Signatures on Official Documents! 6 Signatures of Cicero Town Council AYE NAY Joseph R Cox Jacob T Everett Eric C Hayden Dennis D Johnson Emily K Pearson Attested: Rhonda Gary, Clerk Treasurer *MUST be present to address the council. The Cicero Town Council will allow public comment on the two Estridge Home Ordinances (items c & d above under new business). Comments will be limited to 90 seconds per speaker. Town Council will have received all letters and emails submitted prior to the meeting for review. Letters & emails will not be read aloud during the meeting. The Next Cicero Town Council Meeting will be on September 2, 2025 at 7:00 PM at Cicero Town Hall. 7