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Home My WebLink AboutCCM-10-16-06 City of Cartnel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDA Y, OCTOBER 16, 2006 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCA nON 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. October 3, 2006, Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS . Payroll . General Claims . Retirement 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 ONE CIVIC SQUARE CARMEL,INDIANA46031 317/571.1414 I 10. OLO BUSINESS a. Fifth Readinl! of Ordinance 0-1782-05; An Ordinance'l of the Common Council of the City of Carmel, Indiana, to Vacate a Segment of Right-Of-Way for River Road; Sponsor: Councilor Glaser. b. Third Readinl! of Ordinance 0-1830-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of the City of Carmel, Indiana Taxable Economic Development Revenue Bonds, Series 2006 B (Gramercy Development Partners, LLC Project), and the Lending of the Proceeds,Thereofto Gramercy Development Partners, LLC ($20,000,000 Tax Increment Financing); Sponsor(s): Councilor(s): Carter and Sharp. c. Third Readinl! of Ordinance Z-496-06; An Ordinance Of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of27+ Acres of Real Estate at Northeast Comer of 122nd Street and Pennsylvania Street from R-lIResidential and M-3/Manufacturing Park to B-3/Business Zoning Classification; Sponsor: Councilor Rattermann. d. Second Readinl! of Ordinance Z-497-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Sunset Provision of the Carmel Drive - Range Line Road Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rattermann. 11. PUBLIC HEARINGS Ii a. First Readinl! of Ordinance Z-498-06: An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification, Rezoning of 20+ Acres of Real Estate Along the East side of Cherry Tree Road and South of 146th Street from S-l/Residential to S-2/Residential Zoning Classification '(Cherry Tree Grove); Sponsor: Councilor Ratlermann. 12. NEW BUSINESS a. First Readinl! of Ordinance 0-1829-06; An Ordinance ,ofthe Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 5, Section 2-131 of the Carmel City Code (Purchasing Agencies and Purchasing Agents); Sponsor(s): Councilor(s) Glaser, Rattermann and Sharp. b. First Readinl! of Ordinance D-1832-06; An Ordinance ofthe Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 8, Article 5, Section 8-47, Subsection 8-47(a)(31) to the Carmel City Code (No Parking Areas on Shelbome Road); Sponsor: Councilor Sharp. c. First Readinl! of Ordinance D-1833-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana for the Year 2007; Sponsor: Councilor Sharp. " 2 d. Resolution CC-l 0-16-06-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the Carmel Clay Ambulance Capital Fund ($140,000); Sponsor: Councilor Carter. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 10/1 ()/(16 CC :Vltctil1g l\gend:J 3 I COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 16, 2006 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members Kevin Kirby, Brian D. Mayo, Joseph C. Griffiths, Fredrick J. Glaser, Ronald E. Carter, Mark Rattermann, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:03 p.m. Pastor Paul Schwartz, King of Glory Lutheran Church, pronounced the invocation. Mayor Brainard led the Pledge of Allegiance. I Mayor Brainard presented a Proclamation to Pastor Paul Schwartz for the project entitled "Make A Difference Day". RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of the October 3, 2006, Special Meeting. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: The following individuals spoke in opposition to Ordinance D-1830-06 (Gramercy T1F): I Angie Molt Phil Squier (attachment I) Henry Winckler Hilary Woodcock Eric Seidensticker (attachment 2) 740 W. Auman Drive, Carmel, IN 13 I 5 Lawrence Road, Carmel, IN 411 Jenny Lane, Carmel, IN 506 Ash Drive, Carmel, IN 612 Ash Drive, Carmel, IN I ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of$2,356,113.42. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. Claims were approved 7-0. Councilor Mayo informed Council President Sharp that Item 6., Council. Mavoral and Clerk-Treasurer Comments/Observations, was skipped. Council President Sharp returned to item six on the agenda. COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Mayo discussed the dedication on October 14, 2006, of the Freedom Circle Veterans Memorial. Councilor Carter discussed the ground breaking of Cornerstone Dentistry that took place October 16, 2006 at 3:30 p.m. I Councilor Sharp invited David Leazenby, Buckingham Companies, to clarify the Gramercy Tax Increment Financing (TIF) and Buckingham's revised commitments. COMMITTEE REPORTS: Councilor Rattermann reported that the Finance, Administration and Rules Committee met and discussed Ordinance D-1830-06, which was forwarded with a I-I vote to the full Council. Councilor Glaser reported that the Land Use, Annexation and Economic Development Committee met and discussed Ordinance D-1782-05, Ordinance Z-496-06 and Ordinance Z-497 -06. All three ordinances were forwarded with a 4-0 favorable recommendation to the full Council. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Kirby reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Sharp announced the Fifth Readine: of Ordinance 0-1782-05; An Ordinance of the Common Council of the City of Carmel, Indiana, to Vacate a Segment of Right-Of-Way for River Road. Councilor Mayo made a motion to approve Ordinance D-1782-05. Councilor Kirby seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance 0-1782-05 was adopted 7-0. I 2 I Council President Sharp announced the Third Readin!! of Ordinance D-1830-06; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing the Issuance of the City of Carmel, Indiana Taxable Economic Development Revenue Bonds, Series 2006 B (Gramercy Development Partners, LLC Project), and the Lending of the Proceeds Thereof to Gramercy Development Partners, LLC ($20,000,000 Tax Increment Financing). Councilor Kirby made a motion to approve Ordinance D-1830-06 including the commitments that were provided by Buckingham Companies. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1830-06 was adopted 5-2 (Councilors Glaser and Rattennann opposed). Council President Sharp announced the Third Read!n!! of Ordinance Z-496-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Clas'sification, Rezoning of 27+ Acres of Real Estate at Northeast Comer of 122nd Street and Pennsylvania Street from R-IIResidential and M-3/Manufacturing Park to B-3/Business Zoning Classification. Councilor Mayo made a motion to approve Ordinance Z-496-06. Councilor Kirby seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance Z-496-06 was adopted 7-0. Council President Sharp announced the Second Readin!! of Ordinance Z-497-06; An Ordinance of the Common Council ofthe City of Cannel, Indiana, Amending the Sunset Provision ofthe Carmel Drive- Range Line Road Overlay Zone in the Cannel Zoning Ordinance. Councilor Kirby made a motion to approve Ordinance Z-497-06. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance Z-497-06 was adopted 7-0. I PUBLIC HEARINGS Council President Sharp announced the First Readin!! of Ordinance Z-498-06: An Ordinance of the Common Council of the City of Cannel, Indiana, Change of Zoning Classification, Rezoning of 20+ Acres of Real Estate Along the East side of Cherry Tree Road and South of 146th Street from S-IIResidential to S-2lResidential Zoning Classification (Cherry Tree Grove). Councilor Rattennann made a motion to move this item into business. Councilor Mayo seconded. Councilor Rattennann referred to Matt Skelton, Attorney, Baker & Daniels, 600 E. 96th Street, Suite 600, Indianapolis, IN, for a presentation to Council. Mr. Skelton presented a letter from Dottie and JeffBrisley to the Clerk-Treasurer that the Brisley's asked to be part of the record (attachment 3). Councilor Kirby left the chamber. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:09 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 7: I 0 p.m. There was brief Council discussion. Council President Sharp referred Ordinance Z-498-06 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS I Council President Sharp announced the First Readin!! of Ordinance D-1829-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 5, Section 2-131 of the Cannel City Code (Purchasing Agencies and Purchasing Agents). Councilor Mayo made a motion to 3 move this item into business. Councilor Glaser seconded. Councilor Glaser referred to Clerk-Treasurer Diana L. Cordray for a presentation to Council. There was brief Council discussion. I Councilor Kirby returned to the chamber. Council President Sharp referred Ordinance 0-1829-06 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced the First Readin!! of Ordinance D-1832-06; An Ordinance of the Common Council of the City ofCarrnel, Indiana, Adopting and Adding Chapter 8, Article 5, Section 8-47, Subsection 8-47(a)(31) to the Carmel City Code (No Parking Areas on Shelborne Road). Council President Sharp informed Council that this item had not been properly moved into business on Tuesday, October 3, 2006. Councilor Rattermann made a motion to move this item into business. Councilor Glaser seconded. Councilor Kirby made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Griffiths seconded. There was no Council discussion. Council President Sharp called for the question. The motion was approved 7-0. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1832-06 was adopted 7-0. Council President Sharp announced the First Readin!! of Ordinance D-1833-06; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana for the Year 2007. Councilor Kirby made a motion to move this item into business. Councilor Glaser seconded. Council President Sharp passed the gavel to Councilor Glaser to present this item to Council. There was no Council discussion. Councilor Glaser referred Ordinance 0-1833-06 to the Finance, Administration and Rules Committee for further review and consideration. I Council President Sharp reclaimed the gavel from Councilor Glaser. Council President Sharp announced Resolution CC-I0-16-06-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the Carmel Clay Ambulance Capital Fund ($140,000). Councilor Carter made a motion to move this item into business. Councilor Mayo seconded. Councilor Carter presented this item to Council and referred to Carmel Fire Chief Doug Callahan and Mayor Brainard for clarification. There was brief Council discussion. Councilor Kirby left the chamber. Councilor Mayo made a motion to approve Resolution CC-I 0-16-06-01. Councilor Griffiths seconded. There was brief Council discussion. Council President Sharp called for the question. Resolution CC-IO-16-06-01 was adopted 6-0 (Councilor Kirby was not present). OTHER BUSINESS There was none. ANNOUNCEMENTS I There were none. 4 I I I EXECUTION OF DOCUMENTS Mayor Brainard adjourned the meeting at 7:35 p.m. Councilor Kirby returned to the chamber. ADJOURNMENT ATT~ Clerk- Treasurer Diana L. Cordra IA C 1(J/] 6l(J(, CC Meeting Millutcs Respectfully submitted, Clerk- Treasurer Diana L. Cordra ,I MC Approved, 5 ~ . yor James Brainard , Page 1 of2 " " .~.. . ",. ~.... Phil Squier From: To: Sent: Subject: "Phil Squier" <philsquier3@iquest.net> "SQUIER, Phil" <philsquier3@iquest.net> Monday, October 16, 2006 12:55 AM Gramercy TIF To the Carmel City Council Monday, October 16, 2006 Subject: BucklnghamlGramercy Tax Increment Financing Gentlemen: My name is Phil Squier. I reside at 1315 Lawrence Road, Carmel, Indiana. On August 21st. last you adopted the Gramercy PUD against overwhelming public opposition. Shortly thereafter Mayor Brainard mailed a letter to selected neighborhood residents (copy attached) stating that "changes in the Gramercy project came as a direct result o.f the concerns expressed by. your neighborhood." It was reported in the Indianapolis Star that Mayor Brainard announced he had negotiated with Buckingham to cut the project's size. Not a word was mentioned in that letter about any of the changes proffered by Gramercy being contingent on the Council assigning the area in question as the 'Gramercy Economic District." thereby allowing it to qualify for a T.I.F. When this contingency was brought out in the open for discussion in the Carmel section of the Indianapolis Star, Mayor Brainard was reported to have been totally surprised. The Mayor said that he did not know that the agreement hinged on the tax-increment financing being approved. ""m not happy about It either," he said. "It's not appropriate." The mayor is also quoted this week as saying that he just recently found out about this contingency. Apparently, he did not read his mall on September 11th 2006. Is he seriously asking us to believe that he (an attorney) did not read the copies ofthe Gramercy PUD Commitments that were delivered to his office on September 11th 2006 - or that he did read them but failed to understand them. I can only conclude that either he was completely hoodwinked by the Buckingham people or he was not minding the store - so to speak. Or did he read and understand the Commitments perfectly, but hope that we taxpayers would not read the fine print - until it was too late. Either way - it is not a very savory situation. On the one hand we have Buckingham saying "NO TIF- NO DEAL" The mayor is saying "I'm not happy about this - It is not appropriate." And the president of the City Council, Mr. Sharp is quoted (same Oct. 14th issue of Star) as saying that tonight's vote on the Tax Increment Financing Is separate from the density Issue. I agree this TIF is not appropriate. But the, designating the Mohawk Hills apartments as "Gramercy Economic District" is not appropriate either- in my opinion. C Ou. nc; I rn +r- !+rrACff/Y)EN'I I (oj 10 JI~ /O~ 10/16/2006 . "; Page 2 of2 -. .. Councilman Sharp has argued that the only tax dollars to be used in this particular T1F would be the tax dollars generated by the future businesses, etc. located in the Gramercy PUD. Who will pay for the Fire and Police protection for this PUD while their tax dollars are being ploughed back into the infrastructure of their private development. Councilman Sharp has stated that as Carmel is one of the State's largest taxpayers to the State of Indiana, that actually any tax money paid to Carmel to fill the shortfall for the schools etc., created by this TIF would be just like getting OUR own taxes paid back. This Is a bit like saying that It's all right to file a false Insurance claim because, attsr all, think of all the premiums you have paid over the years. It's just like getting your own money back--- RIGHTI How about the person who Is Issued a Disabled Parking sticker for his car because he had broken his leg, but long after his leg is healed and he is perfectly capable of walking - he continues to use the Disabled Sticker - because, atter all, it is still legal. Legal or as Mr. Sharp prefers - "valid" - but not ethical. We all know that Mohawk Hills Apartments is not an economically depressed area. The buildings may be 40 years old... but so is 1/2 of Carmel. If you are going to declare every building over 30 years old as blighted then you will be bull dozing a huge number of homes in Carmel. It rather depends on who is doing the upkeeping - doesn't it. Last year, In the State of Louisiana, the use of the Tax Increment Financing to fund a developers TIF for the construction of a hotel In the existing World Trade Center in New Orleans was successfully challenged. The Louisiana Fourth Circuit Court of Appeal ruled that the TIF Statute at issue violated the Louisiana Constitution on multiple grounds. World Trade Center Taxing Dlst. Vs. All Taxpayers, et aI., 894 So.2d 1185 (LA. App.4th Cir.2005) This decision's shockwaves could read further afield. The 4th Circuit Court of Appeal held that giving TIF proceeds to private developers is UNCONSTITUTIONAL in the first place. I wonder how the Indiana Courts will view this Gramercy TIF? Gentlemen - depending on how you vote this evening - you may come to regard this meeting as your Yorktown or your Waterloo. I ask that you vote NO on this Gramercy TIF> Thank you, Phil Squier No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.408 / Virus Database: 268.13.4/476 - Release Date: 10/14/2006 fit t IfCtfrnENT I (~) Counc; I m+t IO!tlP!Oto 10/16/2006 \ City of Carmel September 13,2006 Jame. Brainard. Mayor Dear Neighbor: You may have already read of recent changes in the Gramel'l:Y project that came as a direct result of the concerns expressed oy your neighborhood. Although the project as presented was initially approved, we want you to know tliat we heard the concerns about this project, . In the case of Gmmercy. we kept working to improve the project and re~]"lond to the i~~lIe~ raised by neighboring homeowners. The result was a negotiated agreement with Buckingham representatives, which reduced the si7.'" of the development by 26 percent. The reduction comes from lowering building height:;, replacing a number oftownhomes with single family homes, while im.Teasing park and grecnspace. Details of these changcs appear on the following page. It is vitally important that the city continues to do things right and we must demand that new development is of the highest quality and that it enhances OUf community. We expect our local developeD to create beautiful projects, continu", ~mooth traffic flow, and be able to stand the test of time. The Gramercy plan offers 8 good lit fur this location with its central plaza, high quality architectural style, additional parks, greenspace and pedestrian friendly streets. All these amenities will all combine te create a significant improvement in an area where there were concernS about the furure of the apartment complex. The planned improvements win allow those nearby to walk to amenities 5Uch as shops and. restaurants or simply stroll through the beautiful tree-lined streets. We need to thank two groups in this process; first, the neighbors who'spoke up and expressed their opinion and secondly, the Gramel'l:y developers who acted responsibly when we approached them with our concerns. By acting to reduce the size of the project, we believe that wc have created a new addition to our city that is significantly more in line with the needs of the existing neighborhood that surrounds the development. When completed, Gramercy should offer the citizens ofCarrnel a vibrant and attractive additiun to our communily. I also want to thank Council memb",ts Ron Carter, Joe Griffiths, Kevin Kirby, Brian Mayo and Rick Sharp for working with me and the developer to reach Ihis compromise for the citizens oftbe community. Each of them talked with their constituents at length both .before and after the vote. And each had input. based on the desires offhose residents, in shaping this outcome. Very truly yours, J;' ~I" .J lames Brainard Mayor f}Ti1+CH-meAJT / (V COU,IIC''/ mfy lojjIP /of, ONE CIVIC SQUARE CARMEL. INDIANA 46032 3] 7/571-2400 To: Carmel Common Council Re: Ordinance D-1830-06 (Gramercv TIF) Gentlemen of the Carmel Common Council: I believe it would be improper for you, individually, or as a group, to approve the TIF Package at this time. Collectively you are responsible for legislating the business of the City and protecting the interests of the citizens. It has become obvious that the issue of the TIF has become of such significance to the developer that the negotiated reduction of the project and the execution there-of is tied directly to the passage of the TIF package. The Gramercy Train needs to be stopped before it leaves the station! If you choose to pass this ordinance, you will be acting irresponsibly on behalf ofthe citizens of Carmel. This may put the City in a difficult situation with the developer. Although the ADLS has been spoken of as a vehicle to control the project during the construction phase, an alteration to the project planning inconsistent with what the developer has in mind may jeopardize the project in a multitude of ways. A project that has been calculated at a certain size to afford business income becomes a dispute and or stalemate when the developer cannot get the return he is lookj.,ng for. Carmel does not need a dispute or a project that becomes hung up due to a difference of opinion that could very well have been resolved at the beginning ofthe project. This is your responsibility to resolve this . and all other issues before proceeding in any way with approvals related to the development. In correspondence with the Mayor, even he admits that the City, as well as he, has been misled by this posturing. As a cohesive body representing the City as a whole, I ask you to not approve the TIF package due to the style in which the TIF has been tied to the "negotiated" reduction to the project. This is not negotiating from a position of power, but it is hand-cuffing you, the City officials, and the citizens. We deserve your action on this issue and you have the duty to not allow this to happen. W. Eric Seidensticker 612 Ash Dr. Carmel, IN ;+ rT11CI-flYl c:N! 2- (:e:>unc; I m+r 10 flu. /0& 14558 Cherry Tree Road Carmel, IN 46033 844-5372 October 16, 2006 Carmel City Council City of Carmel One Civic Square Carmel, IN 46032 RE: Docket No. 06060016Z: Cherry Tree Grove Rezone We would like to show our support to CR White Development, LLC and RDJ Homes in their request to rezone the 20.44 acres just south of our property. The plans for Cherry Tree Grove would affect us more than an~ other homeowner due the amount of footage that our five acres has in contaCt with this planned subdivision. Although we would prefer not to have this area developed at all, the proposal that CR White Development is suggesting, will enable Cherry Tree Road to remain the tree-lined, quaint street that it has always been. They have assured us that the majority of the existing trees will remain and we are confident that their interests lie in proteCting this natural area. We ask that the Carmel City Council approve CR White Development's request to rezone this area from 51 to 521. We also ask that the Carmel City Council review the site plan for Cherry Tree Grove and approve it in a timely manner. Several of our neighbors with small children would like this project to begin this winter so that the dust, noise, truck traffic etc. would be completed prior to next spring/summer. This would also be advantageous for the numerous bicyclists that use Cherry Tree Road on a daily basis. Thank you in advance for your timeliness in this matter. Dottie & Jeff Brisley If- TTIl-CH/fleJi .3 CDU r1.c:l Tn-}5" /()llfI/D~