HomeMy WebLinkAboutResolution CC-11-18-19-08 Proscenium Sponsors: Councilors Kimball and Rider
RESOLUTION CC-11-18-19-08
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
APPROVING CERTAIN MATTERS IN CONNECTION WITH THE INTEGRATED 126TH
STREET CORRIDOR ECONOMIC DEVELOPMENT AREA (PROSCENIUM)
Synopsis:
Resolution finds that a resolution adopted by the City of Carmel Redevelopment
Commission making certain amendments to the Declaratory Resolution for the Integrated 126`h
Street Corridor Economic Development Area relating to the Proscenium project conforms to the
plan of development for the City of Carmel, and approves such resolution and a resolution of the
City of Carmel Plan Commission regarding the same.
WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment
Commission"), as the governing body for the City of Carmel Redevelopment Department,
pursuant to Indiana Code 36-7-14, as amended (the "Act"), adopted Resolution No. 2019-17 on
August 21, 2019 (the "CRC Resolution"), which made certain amendments to the declaratory
resolution for the Integrated 126th Street Corridor Economic Development Area; and
WHEREAS, the City of Carmel Plan Commission, on September 17, 2019, approved and
adopted a resolution (the "Plan Commission Order") determining that the CRC Resolution
conforms to the plan of development for the City of Carmel, Indiana (the "City") and approving
the CRC Resolution; and
WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has
submitted the CRC Resolution and the Plan Commission Order to the Common Council of the
City (the "Council").
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of
Carmel, Indiana, as follows:
1. Pursuant to Section 16(b) of the Act, the Council determines that the CRC
Resolution conforms to the plan of development for the City, and approves the CRC Resolution
and the Plan Commission Order.
2. This Resolution shall be in full force and effect from and after its passage
by the Council and approval by the Mayor as required by law.
. 0-1//
PA SED by the Common Council of the City of Carmel, this / 0 day of
Pr
, 2019, by a vote of CO ayes and 0 nays.
COMMON COUNC THE CITY CARM L,-I I NA
Jeff Won i ident thou
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Laura Campbell, Vice Presiders Bruce Kimball
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Ronald E. Carter Kevin D. Rider
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Christine Paulq" Clerk-Treas of the City
of Cannel, Indiana
Presented by m o the Mayor of the City of Carmel, Indiana, as day of/4fee/ILA ,
2019, at. / .M. /
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Christi e Pauley, Clerk-Treasurer j
Approved by me, Mayor of the City of Carmel, Indiana, this al o d y of jt/D to- z p ,
2019, at 10 r .M.
J es Brainard, Mayor
TES
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Christine Pauley(Clerk-Treasurer
Prepared by: Bruce D. Donaldson
Barnes&Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
DMS 15390456v1
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RESOLUTION NO.2019-17
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMNIISSION
AMENDING 111E DECLARATORY RESOLUTION FOR THE INTEGRATED 126TH
STREET CORRIDOR ECONOMIC DEVELOPMENT AREA
WHEREAS,the City of Carmel Redevelopment Commission(the"Commission")pursuant
to IC 36-7-14(the"Act")serves as the governing body of the City of Carmel Redevelopment District
(the"District"); and
WHEREAS,the Commission has previously adopted and confirmed resolutions(collectively,
the "Declaratory Resolution") which established and expanded an economic development area
known as the "Integrated 126th Street Corridor Economic Development Area" (the "Economic
Development Area"),designated certain portions thereof as allocation areas pursuant to Section 39 of
the Act,including one which is known as the Amended 126th Street Allocation Area(the"Amended
126th Street Allocation Area"), and another known as the Proscenium Allocation Area (the
"Proscenium Allocation Area") and approved a development plan for the Economic Development
Area(the"Plan")pursuant to the Act; and
WHEREAS,the Commission now desires to amend the Declaratory Resolution and Plan(i)
to remove the area described on Exhibit A attached hereto from the Amended 126th Street Allocation
Area and(ii)to designate the area described on Exhibit A attached hereto as part of Proscenium
Allocation Area(such area,the"2019 Expansion Area")(clauses(i)and(ii)collectively,the"2019
Amendments"); and
WHEREAS,the 2019 Amendments and supporting data were reviewed and considered at this
meeting; and
WHEREAS, Sections 41 and 43 of the Act permit the creation of"economic development
areas"and provide that all of the rights,powers,privileges and immunities that may be exercised by
this Commission in a redevelopment area or urban renewal area may be exercised in an economic
development area, subject to the conditions set forth in the Act;and
WHEREAS,this Commission deems it advisable to apply the provisions of said Sections 41
and 43 of the Act to the 2019 Amendments; and
WHEREAS,the Commission now desires to approve the 2019 Amendments; and
WHEREAS,the Commission previously adopted its Resolution No. 2019-04,on May 14,
2019, which also amended the Declaratory Resolution and Plan for the Integrated 126th Street
Economic Development Area;and
WHEREAS,the Commission now desires to rescind Resolution No.2019-04 in its entirety
and replace it with this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Redevelopment
Commission,governing body of the City of Cannel Redevelopment District,as follows:
1. It will be of public utility and benefit to amend the Declaratory Resolution for the
Economic Development Area as provided in the 2019 Amendments and to continue to develop the
Economic Development Area,including the 2019 Expansion Area,under the Act.
2. The Declaratory Resolution,as amended by this Resolution,and the Plan,conform to
the comprehensive plan of development for the City.
3. The 2019 Amendments are reasonable and appropriate when considered in relation to
the Declaratory Resolution and Plan and the purposes of the Act.
4. The findings and determinations set forth in the Declaratory Resolution and the Plan
are hereby reaffirmed.
5. The Commission does not at this time propose to acquire any specific parcel of land
or interests in land within the boundaries of the 2019 Expansion Area. If at any time the
Commission proposes to acquire specific parcels of land,the required procedures for amending the
Plan under the Act will be followed,including notice by publication to affected property owners and
a public hearing.
6. The Commission finds that no residents of the Economic Development Area will be
displaced by any project resulting from the Plan, and therefore fmds that it does not need to give
consideration to transitional and permanent provision for adequate housing for the residents.
8. The 2019 Amendments are hereby in all respects approved.
9. The 2019 Expansion Area is hereby removed from the Amended 1261 Street
Allocation Area,and is hereby designated as an"allocation area",as an expansion of the existing
Proscenium Allocation Area,for purposes of the allocation and distribution of property taxes for the
purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real
property subsequently levied by or for the benefit of any public body entitled to a distribution of
property taxes on taxable property in said expansion allocation area shall be allocated and distributed
as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made, or the base assessed
value, shall be allocated to and when collected paid into the funds of the respective
taxing units. Except as otherwise provided in said Section 39,property tax proceeds
in excess of those described in the previous sentence shall be allocated to the
redevelopment district and when collected paid into an allocation fund for the
Proscenium Allocation Area designated as the "Proscenium Allocation Fund" and
may be used by the redevelopment district to do one or more of the things specified
in Section 39(b)(3)of the Act,as the same may be amended from time to time. Said
allocation fund may not be used for operating expenses of the Commission. Except
as otherwise provided in the Act,before June 15 of each year,the Commission shall
take the actions set forth in Section 39(b)(4)of the Act.
10. The foregoing allocation provision shall apply to all of the 2019 Expansion Area. The
Commission hereby finds that the adoption of this allocation provision will result in new property
taxes in the 2019 Expansion Area that would not have been generated but for the adoption of the
allocation provision. Specifically,the capture of new property taxes in the 2019 Expansion Area as
tax increment will assist the Commission in its capacity to bond for future projects in the Proscenium
Allocation Area, including without limitation public infrastructure improvements to support the
development of the Economic Development Area, which will generate new property taxes in the
Proscenium Allocation Area. The base assessment date for the 2019 Expansion Area is January 1,
2019.
11. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto,and the allocation provisions herein relating to the 2019 Expansion Area shall
expire on the date that is twenty-five(25)years after the date on which the first obligation is incurred
to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues
derived from the 2019 Expansion Area.
12. This Resolution,together with any supporting data,shall be submitted to the City of
Cannel Plan Commission (the "Plan Commission") and the Common Council of the City (the
"Council")as provided in the Act,and if approved by the Plan Commission and the Council,shall be
submitted to a public hearing and remonstrance as provided by the Act, after public notice as
required by the Act.
13. Resolution No. 2019-04 adopted by the Commission on May 14, 2019, is hereby
rescinded in its entirety and replaced with this Resolution.
Adopted the 21st day of August,2019.
CITY OF CARMEL REDEVELOPMENT
CO SSION
dent
Vice President
Secre
ember
ember
• EXHIBIT A
Description of the 2019 Expansion Area
[See attached legal description]
DMS BDD 14472366v1
Exhibit A
A PART OF THE SOUTHEAST QUARTER OF SECTION 36,TOWNSHIP 18 NORTH, RANGE 3 EAST OF
THE 2MD PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND
DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26,2013 IN THE HAMILTON COUNTY
RECORDER'S OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION;
THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION,SOUTH 00 DEGREES 51 MINUTES 00
SECONDS EAST,A DISTANCE OF 174.90 FEET TO THE PROLONGED NORTH LINE OF THE LAND
DESCRIBED IN SAID QUIT CLAIM DEED;
THENCE CONTINUING ALONG THE EAST LINE OF SAID QUARTER SECTION,SOUTH 00 DEGREES 51
MINUTES 00 SECONDS EAST,A DISTANCE OF 483.25 FEET TO A PROLONGED SOUTH LINE OF THE
LAND DESCRIBED IN SAID QUIT CLAIM DEED;
THENCE ALONG SAID SOUTH LINE PROLONGED,SOUTH 89 DEGREES 09 MINUTES 00 SECONDS
WEST,A DISTANCE OF 45.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RANGELINE
ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S
OFFICE ON MAY 19,2016 PER INSTRUMENT NUMBER 2016022637,BEING THE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED,SOUTH 89
DEGREES 09 MINUTES 00 SECONDS WEST,A DISTANCE OF 15.00 FEET;
THENCE NORTH 00 DEGREES 51 MINUTES 00 SECONDS WEST,A DISTANCE OF 158.84 FEET;
THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST,A DISTANCE OF 15.00 FEET TO A
POINT ON SAID WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE,SOUTH 00 DEGREES 51 MINUTES 00 SECONDS
EAST,A DISTANCE OF 158.84 FEET,TO THE POINT OF BEGINNING AND CONTAINING 0.055 ACRES,
MORE OR LESS.
THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE
SYSTEM EAST ZONE(NAD83).
RESOLUTION NO. PC-9-17-2019-b
RESOLUTION OF THE CITY OF CARMEL.PLAN COMMISSION
APPROVING AMENDMENTS TO THE DECLARATORY.RESOLUTION
FOR THE INTEGRATED 126th STREET CORRIDOR
ECONOMIC DEVELOPMENT AREA
WHEREAS, the City of Carmel Plan Commission (the "Plan Commission") is the body
charged with the duty of developing a general plan of development for the City of Carmel,
Indiana(the "City"); and
WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment
Commission") on August 21, 2019, approved and adopted Resolution No. 2019-17 (the
"Resolution") approving certain amendments to the declaratory resolution for the Integrated
126th Street Corridor Economic Development Area; and
WHEREAS, the Redevelopment Commission has submitted the Resolution to this Plan
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL PLAN
COMMISSION, as follows:
1. The Resolution conforms to the plan of development for the City.
2. This Plan Commission hereby approves the Resolution. This resolution hereby
constitutes the written order of the Plan Commission approving the Resolution pursuant to
I.C. § 36-7-14-16.
3. The Secretary of this Plan Commission is hereby directed to file a copy of the
Resolution with the minutes of this meeting.
SO RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION this 17th day of
September, 2019.
C OF C RoMEL AN COMMISSION
I 4
President
ATTEST:
P141 37b\-
Sec ary
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