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HomeMy WebLinkAbout11-17-2014 f `CAq?1` 11/1v�,4 , •..c��3 i • City of Carmel /0, •••..•.•..••.••. ��'''� COMMON COUNCIL �(TON 00 f�Q JJ11111) Clerk-Treasurer MEETING AGENDA REVISED MONDAY, NOVEMBER 17, 2014 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. November 3, 2014 Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES Ordinance D-2193-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving the District Boundaries and Building Classifications Established by the Carmel Historic Preservation Commission Regarding the Johnson Addition Conservation District; Sponsor(s): Councilor(s) Schleif, Snyder, Sharp Seidensticker. ADOPTED 4-3 ON NOVEMBER 3, 2014 (COUNCILORS CARTER, FINKAM AND RIDER OPPOSED) 8. CLAIMS a. Payroll - $1,404,613.32 b. General Claims - $1,143,290.29 c. Retirement d. Wire Transfers: Month of October, 2014 - $2,720,303.20 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee e. Report from the Carmel Redevelopment Commission ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2414 1 10. OLD BUSINESS a. Third Reading of Ordinance D-2194-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Operating Balance of the Rainy Day Fund ($613,200 To Repair The Reflecting Pool); Sponsor(s): Councilor(s) Snyder and Rider. Remains in the Finance, Administration and Rules Committee. b. Second Reading of Ordinance D-2197-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving and Additional Appropriation of Funds from the Operating Balance of the General Fund($300,000 to Replenish Unanticipated Expenses Related to Energy Center Operations); Sponsor(s): Councilor(s) Snyder and Rider. Sent to the Finance, Administration and Rules Committee. c. Fourth Reading of Ordinance Z-592-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Proposing to Repeal Chapter 10, Article 1, Chapter 22 of the Cannel City Code and Adding Cannel City Code Chapter 10, Article 5, Establishing a Flood Hazard Areas Ordinance; Sponsor: Councilor Rider. d. Fourth Reading of Ordinance Z-593-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Proposing to Repeal Certain Definitions in Chapter 3 of the Zoning Ordinance; Sponsor: Councilor Rider. e. Second Reading of Ordinance Z-598-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the Sunrise on the Monon(77.85 Acres of Real Estate located at 9800 and 9876 Westfield Boulevard) Planned Unit Development District); Sponsor(s): Councilor(s) Schleif and Snyder. Sent to the Land Use, Annexation and Economic Development Committee. f. Resolution CC-10-06-14-03; A Resolution of the Common Council of the City of Cannel, Indiana, Approving Certain Matters in Connection with the Cannel Downtown Economic Development Area(Designating Motor Court East and West Allocation Area and the Pedcor Office 5 Allocation Area); Sponsor(s): Councilor(s) Seidensticker and Rider. Remains in the Finance, Administration and Rules Committee. Remains in the Land Use, Annexation and Economic Development Committee. g. Resolution CC-10-06-14-04; A Resolution of the Common Council of the City of Cannel, Indiana, Approving Certain Matters in Connection with the City Center Redevelopment Area(Designating the Kent Building Allocation Area); Sponsor(s): Councilor(s) Seidensticker and Rider. Remains in the Finance, Administration and Rules Committee. Remains in the Land Use, Annexation and Economic Development Committee. h. Resolution CC-11-03-14-01; A Resolution of the Common Council of the City of Cannel, Indiana Approving the Issuance of Bonds of the City of Cannel Redevelopment District(Construction, Improvement and/or Equipping Certain Local Public Improvements, Redevelopment Projects and Other Capital Improvements Serving the Carmel Downtown Economic Development Area and The City Center Redevelopment Area; Park East Parking Garage, Veterans Way, Baldwin Building, Chambers Building, 2 Holland Building, Playfair Building, Spanish Steps, Rangeline Road Entrance and the Kent Building); Sponsor(s): Councilor(s) Seidensticker and Rider. Sent to the Finance, Administration and Rules Committee. 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance D-2190-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Section 8-120 (Specific Locations of Stop & Yield Intersections Designated—Schedule A) and its "Schedule A; Sponsor(s): Councilor(s) Finkam, Carter and Rider. b. First Reading of Ordinance D-2198-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2-188 (Historic Preservation for the City of Carmel) (b)(9) to the Carmel City Code; Sponsor(s): Councilor(s) Carter and Finkam. c. First Reading of Ordinance D-2199-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-18 (Order of Business) of the Carmel City Code; Sponsor(s): Councilor(s) Carter and Finkam. d. Resolution CC-11-17-14-01; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property Interest(130 1S1 Avenue SW); Sponsor(s): Councilor(s) Snyder and Rider. 13. OTHER BUSINESS li 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 11/17'14 CC Meeting Agenda 3 Consultants in City Planning And Economic Development Wabash scientific, inc. . . . . . . . . . . . .... Monday,November 17, 2014 An Open Letter of Apology, On Monday Clerk-Treasurer Cordray and I finished editing a letter suggesting to the Carmel City Council that an independent, third-party audit of the CRC's debt repayment would help provide transparency to Carmel taxpayers. In support of that letter, I compiled a package of reference documents including a flow chart depicting a legal document called the "Revenue Deposit Agreement." I included the wrong version of the flow chart. The mistake was 100%mine,and I offer this public apology for my error. In addition, I offer a personal apology to Clerk-Treasurer Diana Cordray. Diana is working extremely hard to do everything in her power to be certain that Carmel's Redevelopment Commission debt does not result in a tax increase for Carmel taxpayers. Including the wrong flow chart distracted from a necessary and appropriate public discussion, and I regret that. I deeply respect Diana's tireless efforts to provide public transparency, and I apologize for the distraction caused by including the wrong version of the flow chart. I also apologize to City Council President Eric Seidensticker. It probably wouldn't surprise people to know that sometimes Carmel meetings become contentious and acrimonious. Eric is a very smart man with a delightful sense of humor, and Eric can often disarm the acrimony with a wry statement and a quick smile. In truth, I went to delete the humorous flow chart from my hard drive several times. Each time, I decided not to delete it because it made me smile. Eric, I have seen the value which you bring to the public discussion and I apologize to you,personally, for my error. The irony of the situation is that Eric's humor actually shows that he understands the political consequences of a tax increase necessitated by excessive Redevelopment Commission debt. Inserting humor into a public discussion is always a risk,but in this case, a careful reading of the humorous flow chart shows that Eric Seidensticker understands the consequences of failing to assure the taxpayers that this fiscal issue is under transparent control. As a public policy professional, I deeply appreciate that. In closing, I apologize for including the wrong version of the flow chart in the package of documents that I assembled. It was entirely my mistake. It is unpleasant to own it, but it is necessary to do so. Sincerely, Wabash Sc" tific, inc.,3. .,, "7„1;" 0.c4.e,t____— Mike Shaver, President 3799 Steeplechase Drive Carmel,IN 46032, (Voice)317-872-9529,(FAX)317-872-9885,(e-mail)wabsci @aol.com COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 17, 2014 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council Members Sue Finkam, Carol Schleif,Richard L. Sharp, Luci Snyder, Ronald E. Carter, Kevin D. Rider and Deputy Clerk Lois Craig. Council President W. Eric Seidensticker and Clerk-Treasurer Diana L. Cordray were not in attendance. Mayor Brainard called the meeting to order at 6:00 p.m. Reverend George Davis pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rider made a motion to approve minutes from the November 3, 2014 Regular Meeting. Councilor Snyder seconded. There was no Council discussion. Councilor Sharp called for the vote. Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following individuals addressed the Council regarding The Johnson Addition Conservation District: Chuck Ford James Russo Charlie Demler Penny Robbins Mary Eckard The following individuals addressed the Council in favor of Ordinance D-2190-14 (Removal of Stop Signs) Bob Leonard Nancy Leonard 1 The following individuals addressed the Council in opposition to Ordinance D-2190-14 (Removal of Stop Signs): Pat Truelove Aaron Barker Mike Shaver, Wabash Scientific, addressed the Council and offered an apology for the recent flow chart error that was in the newspaper. Gary Malone, representing Umbaugh &Associates, addressed the Council regarding fiscal responsibility. Bob Wallace addressed the Council regarding the transfer of City property. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor Rider addressed the Council regarding the 2014 Carmel Street Paving. Councilor Carter addressed Mr. Shaver. ACTION ON MAYORAL VETOES: Ordinance D-2193-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the District Boundaries and Building Classifications Established by the Carmel Historic Preservation Commission Regarding the Johnson Addition Conservation District; Sponsor(s): Councilor(s) Schleif, Snyder, Sharp Seidensticker. ADOPTED 4-3 ON NOVEMBER 3, 2014 (COUNCILORS CARTER, FINKAM AND RIDER OPPOSED). Councilor Schleif made a motion to override Mayor Brainard's veto. Councilor Snyder seconded. Councilor Schleif addressed the Council. Mayor Brainard addressed the Council. There was brief Council discussion. Councilor Sharp called for the vote to override the veto. The motion to Override the VETO Failed 3-3 (Councilors Carter, Finkam and Rider opposed). CLAIMS: Councilor Rider made a motion to approve payroll in the amount of$1,404,613.32 and claims in the amount of$1,143,290.29. Councilor Snyder seconded. There was no Council discussion. Councilor Sharp called for the vote. Payroll and Claims were approved 6-0. Wire Transfers: Month of October, 2014. Councilor Rider made a motion to acknowledge wire transfers in the amount of$2,720,303.20. Councilor Schleif seconded. There was no Council discussion. Councilor Sharp called for the vote. Wire Transfers were acknowledged 6-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. Councilor Sharp asked Councilor Snyder and the Finance Committee to review the request that was submitted by Clerk-Treasurer Diana L. Cordray. 2 Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on Monday, December 8, 2014 at 5:30 p.m. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Schleif reported that the Utilities, Transportation and Public Safety Committee had met and discussed Ordinance Z-592-14 and Ordinance Z-593-14. The Committee report will be given when the items appear on the agenda. Report from the Cannel Redevelopment Commission. No report was given. OLD BUSINESS Councilor Sharp announced the Third Reading of Ordinance D-2194-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Operating Balance of the Rainy Day Fund($613,200 To Repair The Reflecting Pool); Sponsor(s): Councilor(s) Snyder and Rider. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Councilor Sharp announced the Second Reading of Ordinance D-2197-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing and Approving and Additional Appropriation of Funds from the Operating Balance of the General Fund ($300,000 to Replenish Unanticipated Expenses Related to Energy Center Operations); Sponsor(s): Councilor(s) Snyder and Rider. Sent to the Finance, Administration and Rules Committee. This item was not discussed. Councilor Sharp announced the Fourth Reading of Ordinance Z-592-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Proposing to Repeal Chapter 10, Article 1, Chapter 22 of the Cannel City Code and Adding Cannel City Code Chapter 10, Article 5, Establishing a Flood Hazard Areas Ordinance. Councilor Schleif presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a favorable recommendation. Councilor Rider made a motion to approve Ordinance Z-592-14. Councilor Schleif seconded. There was no Council discussion. Councilor Sharp called for the vote. Ordinance Z-592-14 was adopted 6-0. Councilor Sharp announced the Fourth Reading of Ordinance Z-593-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Proposing to Repeal Certain Definitions in Chapter 3 of the Zoning Ordinance. Councilor Schleif presented the Utilities, Transportation and Public Safety Committee report to the Council. This item was referred back to the Council with a favorable recommendation. Councilor Rider made a motion to approve Ordinance Z-593-14. Councilor Finkam seconded. There was no Council discussion. Councilor Sharp called for the vote. Ordinance Z-593-14 was adopted 6-0. Councilor Sharp announced the Second Reading of Ordinance Z-598-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the Sunrise on the Monon(77.85 Acres of Real Estate located at 9800 and 9876 Westfield Boulevard)Planned Unit Development District); Sponsor(s): Councilor(s) Schleif and Snyder. Sent to the Land Use, Annexation and Economic Development Committee. This item was not discussed. 3 Councilor Sharp announced Resolution CC-10-06-14-03; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Carmel Downtown Economic Development Area(Designating Motor Court East and West Allocation Area and the Pedcor Office 5 Allocation Area); Sponsor(s): Councilor(s) Seidensticker and Rider. Remains in the Finance, Administration and Rules Committee. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Councilor Sharp announced Resolution CC-10-06-14-04; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the City Center Redevelopment Area(Designating the Kent Building Allocation Area); Sponsor(s): Councilor(s) Seidensticker and Rider. Remains in the Finance, Administration and Rules Committee. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Councilor Sharp announced Resolution CC-11-03-14-01; A Resolution of the Common Council of the City of Carmel, Indiana Approving the Issuance of Bonds of the City of Carmel Redevelopment District (Construction, Improvement and/or Equipping Certain Local Public Improvements, Redevelopment Projects and Other Capital Improvements Serving the Carmel Downtown Economic Development Area and The City Center Redevelopment Area; Park East Parking Garage, Veterans Way, Baldwin Building, Chambers Building, Holland Building, Playfair Building, Spanish Steps, Rangeline Road Entrance and the Kent Building); Sponsor(s): Councilor(s) Seidensticker and Rider. Sent to the Finance, Administration and Rules Committee. Sent to the Land Use, Annexation and Economic Development Committee. This item was not discussed. PUBLIC HEARINGS There were none. NEW BUSINESS Councilor Sharp announced the First Reading of Ordinance D-2190-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Section 8-120 (Specific Locations of Stop & Yield Intersections Designated—Schedule A) and its "Schedule A. Councilor Carter made a motion to move this item into business. Councilor Finkam seconded and presented this item to the Council. Jeremy Kashman, City Engineer, addressed the Council. There was no Council discussion. Councilor Sharp referred Ordinance D-2190-14 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Councilor Sharp announced the First Reading of Ordinance D-2198-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2-188 (Historic Preservation for the City of Carmel) (b)(9)to the Carmel City Code. Councilor Finkam made a motion to move this item into business. Councilor Rider seconded. Councilor Carter presented this item to the Council. There was brief Council discussion. Councilor Sharp referred Ordinance D-2198-14 to the Finance, Administration and Rules Committee for further review and consideration. Councilor Sharp announced the First Reading of Ordinance D-2199-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-18 (Order of Business) of the Carmel City Code. Councilor Finkam made a motion to move this item into business. Councilor Rider seconded. Councilor Carter presented this item to the Council. There was 4 brief Council discussion. Councilor Sharp referred Ordinance D-2199-14 to the Finance, Administration and Rules Committee for further review and consideration. Councilor Sharp announced Resolution CC-11-17-14-01; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property Interest (1301st Avenue SW). Councilor Rider made a motion to move this item into business. Councilor Snyder seconded and presented this item to the Council. Steve Engelking, Director of Administration, addressed the Council. Mayor Brainard addressed the Council. Councilor Sharp referred Resolution CC-11-17-14-01 to the Land Use, Annexation and Economic Development Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 8:10 p.m. Respectfully submitted, A C—f(-4-4 Clerk-Treasurer Diana L. Con• ay, RAMC Approved, J es Brainard, Mayor ATTEST: v D'ana L. Cordray, IAMC, Cler reasurer 1,17/14 CC Meeting.Minutes 5