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Council pauses vote on Citizens Energy letter agreement after residents raise sewer concerns
Summary
After public comments and extended council questions about legal counsel, development levers and property impacts, the Zionsville Town Council unanimously voted to continue consideration of ordinance 2025-27 (Citizens Energy letter agreement) to allow independent legal review and additional public information.
The Zionsville Town Council on Dec. 15 continued consideration of ordinance 2025-27, a second-reading ordinance that would approve a letter of agreement between the Town of Zionsville and Citizens Energy, after residents voiced concerns about sewer easements and councilors sought independent legal and technical review.
Two residents spoke during public comment. Randall Collins asked the council to halt any vote to allow more public discussion and research. Ken Stark, who said he lives at 11920 East 200 South, described a recent lawsuit by Hamilton Southeastern Utilities seeking a sewer easement on his property and urged the council to vote no or to delay approval until the town provides specifics on impacted properties, timelines, easement sizes, pipe diameters, treatment plant locations and long-term service plans.
Councilors then entered an extended discussion. Several members expressed concern that the council lacks independent counsel on utility matters because some town-affiliated attorneys represent parties with potential conflicts. Councilors asked whether approving the agreement would remove the town's ability to influence future development and emphasized the separate roles of utility authority and zoning control. President Plunkett and multiple councilors said the town could and should secure independent legal advice and possibly a technical utility expert before acting.
Councilor 12 moved to continue ordinance 2025-27 to the next meeting to allow administration to obtain outside counsel and compile requested technical details; Councilor 14 seconded. The motion passed unanimously, 7'0.
The council and staff noted that continuation keeps the item on old business (public transparency) while allowing time for information gathering. Town staff said funds and land tied to the proposed deal have not yet transferred; the administration also said that, should HSC continue to maintain the existing service district, HSC could contract Citizens to provide service but the mechanics and costs may differ.
No formal approval or rejection occurred; the item will return for further consideration after the council has had the opportunity to review independent legal advice and technical details requested by councilors and members of the public.
