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HomeMy WebLinkAbout11.20.23 CC Meeting Minutes1 COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 20, 2023 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER Council President Jeff Worrell; Council Members: Laura Campbell, Sue Finkam, Anthony Green, Kevin D. Rider, Adam Aasen, Teresa Ayers and Deputy Clerk Jacob Quinn were present. Councilors Timothy Hannon and Miles Nelson were not present. Council President Worrell called the meeting to order at 6:00 p.m. AGENDA APPROVAL The agenda was approved unanimously. INVOCATION Pastor Tim Ayers, Grace Church, delivered the Invocation Councilor Rider led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Mayor Brainard presented the Range Line Pioneer Award to Mo Merhoff. Avika Garg presented to Council on the significance of Diwali and thanked Council for the City’s Proclamation Celebrating Hindu American Awareness and Appreciation Month RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL Chad Hughes, Carmel Fire Department, explained to Council how retiree insurance for Carmel Firefighters is cost prohibitive. This is a major issue for firefighters who have sacrificed their bodies. The cost is over $48,000 a year before retirees receive the benefit of the health insurance. He left documents for Council to review from other cities that have better plans. Dee Fox, Carmel Citizens for Responsible Zoning, stated that the 111th & Penn project exemplifies the growing problem of intense downtown type developments slowly encroaching on residential areas. The sigh has low density neighborhoods right next to them and she doesn’t believe neighbors have been included enough in the planning and that it is devoid of enough green space. Next week, this project will request a variance from the BZA for an increase to 95% lot coverage (up from the current 80%). When a final plan is submitted, she asked that Council require meaningful improvements. DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 2 Jill Meisenheimer, Carmel Citizens for Responsible Zoning, stated that Carmel is being overwhelmed by massive, dense, multi-use developments that are initially approved by City Council. Developers are increasingly asking for more variances with more substantial changes. The 111th and Penn Project is too dense compared to surrounding neighborhoods. She asked Council to please help protect green space in Carmel. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS There were none. CONSENT AGENDA Councilor Rider moved to approve the consent agenda. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. a. Approval of Minutes 1. October 16, 2023 Regular Meeting 2. October 24, 2023 Special Meeting 3. November 2, 2023 Special Meeting b. Claims 1. General Claims $2,393,640.51 2. Retirement $107,695.97 3. Wire Transfers $4,528,869.74 ACTION ON MAYORAL VETOES There were none. COMMITTEE REPORTS Council President Worrell reported that the Finance, Utilities and Rules Committee had not met. Councilor Campbell reported that the Land Use and Special Studies had not met. OTHER REPORTS – (at the first meeting of the month specified below): Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the monthly Redevelopment Commission report. OLD BUSINESS PUBLIC HEARINGS Council President Worrell announced the First Reading of Ordinance D-2685-23; 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 General Fund to the 2023 Carmel Fire Department Budget, Councilor Rider moved to introduce the item into business. Councilor Green seconded. Councilor Rider DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 3 introduced the item to Council. Chief David Haboush, Carmel Fire Department, presented the item to Council. Council President Worrell opened the public hearing at 6:40 p.m. Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:41 p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve Ordinance D-2685-23. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D-2685-23 was approved 7-0. Council President Worrell announced the First Reading of Ordinance D-2686-23; 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 General Fund to the 2023 Community Relations and Economic Development Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Nancy Heck, Director of Community Relations and Economic Development, presented the item to Council. Council President Worrell opened the public hearing at 6:42 p.m. Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:42:30 p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve Ordinance D-2686-23. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D- 2686-23 was approved 7-0. Council President Worrell announced the First Reading of Ordinance D-2687-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of Funds from the Non-Reverting Carter Green Ice Rink Fund (Fund #922). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Nancy Heck, Director of Community Relations and Economic Development, presented the item to Council. Council President Worrell opened the public hearing at 6:42 p.m. Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:42:30 p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve Ordinance D-2687-23. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D-2687-23 was approved 7-0. Council President Worrell announced the First Reading of Ordinance Z-684-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 154 W. Carmel Drive to the C1/City Center District. Councilor Aasen moved to introduce the item into business. Councilor Rider seconded. Councilor Aasen introduced the item to Council. Adrienne Keeling, Department of Community Services, presented the item to Council. Council President Worrell opened the public hearing at 6:49 p.m. Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:49:20 p.m. Council President Worrell referred the item to the Land Use and Special Studies Committee. Council President Worrell announced the First Reading of Ordinance Z-685-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 988 3rd Avenue SW to the C1/City Center DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 4 District. Councilor Aasen moved to introduce the item into business. Councilor Rider seconded. Councilor Aasen introduced the item to Council. Adrienne Keeling presented the item to Council. Councilor Aasen noted that when the Plan Commission received this rezone proposal, there was specific or immediate plans. However, there is a proposal later on the agenda that goes along with this rezone. Adrienne Keeling stated she inquired with the Carmel Redevelopment Commission and they indicated the proposal on the agenda is the very first step in the process and there was no proposal when it started with the Plan Commission. Council President Worrell opened the public hearing at 6:54p.m. Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:54:15 p.m. Adrienne Keeling noted that this rezone to a C-1 district is appropriate for the area regardless of what gets approved and the rezone is not tied to any particular project. Henry Mestetsky explained that the redevelopment function of the city respects the role the City Council plays and he tries to make sure all projects are introduced at Council. Council President Worrell referred the item to the Land Use and Special Studies Committee. Council President Worrell announced the First Reading of Ordinance Z-686-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating Owners’ Association Standards in the Unified Development Ordinance. Councilor Finkam moved to introduce the item into business. Councilor Rider seconded. Councilor Campbell introduced the item to Council. Adrienne Keeling presented the item to Council. Jon Oberlander, Corporation Counsel, stated that with the passage of Z-686-23 the City would be able to look for this in the governing documents of a neighborhood that is being considered for approval. Council President Worrell opened the public hearing at 7:03p.m. Dee Fox explained to Council that with the way this is worded, this could also be used to make it easier to take away rental restrictions. Shannon Minnaar, Councillor-Elect for the North East District, spoke in support of this ordinance because it helps Home Owner’s Associations be able to amend their documents. Seeing no one else who wished to address Council, Council President Worrell closed the public hearing at 7:06 p.m. Councilor Aasen moved to suspend the rules and act on this tonight. Councilor Rider seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Aasen moved to approve Ordinance Z-686-23. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance Z-686-23 was approved 7- 0. NEW BUSINESS Council President Worrell announced the First Reading of Ordinance D-2689-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Ordinance No. D-2486-19. Councilor Finkam moved to introduce the item into business. Councilor Campbell seconded. Councilor Finkam introduced the item to Council. John Duffy, Utilities Director for the City of Carmel, presented the item to Council and stated that original rate was capped at 5% in the ordinance but with the terms being extended to May and interest rates rising, there is a need to amend the ordinance. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve Ordinance D-2689-23. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D-2689-23 was approved 7-0. DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 5 Council President Worrell announced the First Reading of Ordinance D-2695-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the 2024 Salary Ordinance. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider presented the item to Council. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam seconded. There was no Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve Ordinance D-2695-23. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D- 2695-23 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-06; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property. Councilor Campbell moved to introduce the item into business. Councilor Rider seconded. Henry Mestetsky presented the item to Council. This resolution transfers the building that that the Information and Communications Systems Department was formerly housed in from the City to the CRC to try and put together a project to bring forward to Council. Councilor Rider moved to approve Resolution CC-11-20- 23-06. Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-06 was approved 7-0. Council President Worrell announced the First Reading of Ordinance D-2688-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council and have background on how developer backed TIF bonds work and how there is no risk to taxpayers. Erik Dirks, Buckingham Companies, gave an overview of the project to Council. This is a 10- year project that is a $300M investment that will come in phases. The project has a 90/10% TIF split. Director Mestetsky explained that this project will help the City finish Kinzer Ave from Carmel Dr to 126th street, it will send $1M to Engineering Department to help build the roundabout at Carmel Dr, it will bring forward a lot of for-sale units, it will contain solar and public art, and urban parks funds will be used to build a public plaza and a green space in the middle of the condos. Director Mestetsky stated that this proposal conforms to the existing PUD. Councilor Aasen moved to Table Ordinance D-2688-23. Councilor Campbell seconded. Councilor Finkam stated she believed this should not be tabled and the process should be started in committee. Council President Worrell called for the vote. The motion to Table Ordinance D-2688-23 passed 4-3 (Finkam, Rider and Worrell opposed). Council President Worrell announced the First Reading of Ordinance D-2690-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Valentina Project, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. Brett Michaud, Keystone Group, have background on the company and other projects they have worked on. Director Mestetsky noted that this will bring a much needed parking garage to the area. There was discussion about parking apps that allow people to know where parking is available. This technology exists on the Civic Square Garage and bids have been opened to add the technology on the Tarkington Garage. However, this is a significant cost for developers who would need to add this technology to every space and the City has not passed this cost on to them yet. Councilor Aasen moved to Table Ordinance D-2690-23. Councilor Campbell seconded. There was discussion. Council President Worrell called for the vote. The motion to Table Ordinance D-2690-23 passed 4-3 (Finkam, Rider and Worrell opposed). DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 6 Council President Worrell announced Resolution CC-11-20-23-01; 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 (Amended 126th Street Allocation Area and Proscenium II Allocation Area). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council and explained the different between a TIF Bond vote and an Allocation Area vote. Allocation Area votes are administrative in nature and part of the process as outlined in State Code. Director Mestetsky explained this as pruning the TIF by removing areas that are having a negative impact on the TIF district. Part 2 of the resolution is resetting the base year to 2023. Councilor Rider moved to approve Resolution CC-11-20-23-01. Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-01 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the North Illinois Street Economic Development Area (Franciscan North Allocation Area). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. The base year this was created there was a neighborhood adjacent to Franciscan that has now been demolished. This resolution resets the base year to 2023. Councilor Rider moved to approve Resolution CC-11-20-23-02. Councilor Green seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-02 was approved 6-0 (Finkam absent). Council President Worrell announced Resolution CC-11-20-23-03; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Michigan Road Economic Development Area. Councilor Campbell moved to introduce the item into business. Councilor Rider seconded. Councilor Campbell introduced the item to Council. Henry Mestetsky presented the item to Council and explained that CRC is negotiating with the developer on infrastructure that could be funded by the CRC. There is not a bond associated with this. Councilor Aasen moved to approve Resolution CC- 11-20-23-03. Councilor Rider seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-03 was approved 6-1 (Worrell opposed). Council President Worrell announced Resolution CC-11-20-23-04; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Meridian Economic Development Area (Star Allocation Area). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. The CRC is negotiating wit the developer on some improvements. There is not a bond associated with this. Councilor Finkam moved to approve Resolution CC-11-20-23-04. Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-04 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-05; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the 111 Penn Redevelopment Area (Penn 111 Allocation Areas). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. The project has been subdivided into allocation areas as they will be starting different phases of the project at different times. You don’t want to start a 25 year clock for the whole project when one portion of the project gets built. A bond is tied to a specific area which triggers the TIF. Councilor Aasen moved to approve Resolution CC-11-20-23-05. Councilor Rider seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20- 23-05 was approved 5-2 (Campbell and Green opposed). DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 7 Council President Worrell announced Resolution CC-11-20-23-08; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Within the 2023 Motor Vehicle Highway Fund Street Department Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Council President Worrell presented the item to Council. Councilor Rider moved to approve Resolution CC-11-20-23-08. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-08 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-09; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Within the 2023 Information & Communication Systems (ICS) Department Budget. Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. Councilor Aasen introduced the item to Council. Jon Oberlander presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-09. Councilor Rider seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-09 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-10; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing a Transfer of Funds Within the 2023 Carmel Fire Department Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Chief David Haboush presented the item to Council. Councilor Rider moved to approve Resolution CC-11-20-23-10. Councilor Green seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-10 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-07; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2023 Department of Redevelopment Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. Councilor Rider moved to approve Resolution CC-11-20-23-07. Councilor Green seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-10 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-11; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds from the Grant Fund (Fund#900) into the General Fund (Fund#101). Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Jon Oberlander presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-11. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-11 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-12; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing a Transfer of Funds Within the 2023 Carmel Police Department Budget. Councilor Campbell moved to introduce the item into business. Councilor Green seconded. Councilor Campbell introduced the item to Council. Jon Oberlander presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-12. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-12 was approved 7-0. DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 8 Council President Worrell announced Resolution CC-11-20-23-13; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the 2023 Department of Community Services Budget and the Non-Reverting Carmel Historic Preservation Fund (#507). Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. Councilor Aasen introduced the item to Council. Jon Oberlander presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-13. Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-13 was approved 7-0. Council President Worrell announced Resolution CC-11-20-23-14; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Fuds Between the 2023 Department of Community Services Budget and the Non-Reverting Sidewalk Program Fund (Fund #925). Councilor Campbell moved to introduce the item into business. Councilor Aasen seconded. Councilor Campbell introduced the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-14. Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-14 was approved 7-0. Council President Worrell announced the First Reading of Ordinance D-2691-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Designating the Caperton-Carter House Historic District Located at 35 and 39 Maplecrest Drive. Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. Councilor Aasen introduced the item to Council. Mark Dollase, Administrator for the Carmel Redevelopment Commission, presented the item to Council. If this is approved, it would mean that any requests for demolition, new construction on the property or alterations to the exterior of the building would come to the Historic Preservation Commission as an application for those changes. Jon Oberlander explained that this would be a parallel track to any HOA restrictions or covenants. Council President Worrell referred the item to the Land Use and Special Studies Committee. Council President Worrell announced the First Reading of Ordinance D-2696-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel City Code, Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. Council President Worrell introduced the item to Council. Council President Worrell stated that he did do a ride-a-long with traffic cops and he believes this is enforceable. Council President Worrell referred the item to the Finance, Utilities and Rules Committee. ADJOURNMENT Council President Worrell adjourned the meeting at 8:31 p.m. Respectfully submitted, ____________________________________ Sue Wolfgang, Clerk Approved, ____________________________________ Jeff Worrell, Council President ATTEST: __________________________________ Sue Wolfgang, Clerk DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55