HomeMy WebLinkAboutCCM-12-07-09Office of the
Clerk Treasurer
City of Carmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, DECEMBER 7, 2009 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 16, 2009 Regular Meeting
b. December 1, 2009 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
a. Payroll
b. General Claims
c. Retirement
d. Detail of Wire Transfers for November, 2009
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 Council Appointee to the Redevelopment Commission
f. Report from the Council Appointee to the Carmel Clay Public Library
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414
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10. OLD BUSINESS
a. Ninth Reading of Ordinance D- 1953 -09; An Ordinance of the Common. Council of the
City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Sections 3 -9(a)
(c), 3 -13, 315 and 3 -19 of the Carmel City Code (3 -9 Regular and Special Meetings,
Emergency Sessions; 3 -13 President Pro Tempore; 3 -15 Clerk of the Council;
3 -19 Agenda /Additions to Agenda); Sponsor: Councilor Sharp.
b. Fifth Reading of Ordinance D- 1961 -09; An Ordinance of the Common Council of the
City of Carmel, to Vacate a Portion of the Right-Of-Way of Lynne Drive and Catherine
Drive; Sponsor: Councilor Rider.
c. Fifth Reading of Ordinance D- 1962 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, to Vacate a Portion of the Right-Of-Way of Lynne Drive, Sonna
Drive, Vivian Drive and Catherine Drive; Sponsor: Councilor Rider.
d. Third Reading of Ordinance D- 1970 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel,
Indiana, For The Year 2010; Sponsor(s): Councilor(s) Accetturo, Griffiths, Rider,
Seidensticker and Snyder.
e. Second Reading of Ordinance D- 1971 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Adding Chapter 2, Article 5, Section 2- 184.1, Change Orders or
Alterations of Specifications and Additional Services to the Carmel City Code;
Sponsor(s): Councilor(s) Accetturo, Seidensticker, Sharp and Snyder.
f. Second Reading of Ordinance D- 1973 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division 11, Section 2 -53 (Leaves
of Absence) of the Carmel City Code; Sponsor(s): Councilor(s) Snyder and Rider.
g.
Second Reading of Ordinance D- 1974 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division R, Sections 2 -39
(Definitions), 2 -40 (Compensation) and 2 -52 (Holidays) of the Cannel City Code;
Sponsor(s): Councilor(s) Snyder and Rider.
h. Second Reading of Ordinance D- 1975 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2 -40
(Compensation), 2 -46 (Worker's Compensation), 2 -51 (Paid Time Off), 2 -52 (Holidays),
2 -54 (Military Leave), 2 -56 (Jury Duty), 2 -57 (Emergency Closure) and 2 -58 (Tuition) of
the Camel City Code; Sponsor(s): Councilor(s) Snyder and Rider.
i. Fifth Reading of Ordinance Z- 532 -09; An Ordinance of the Common council of the City
of Carmel, Indiana, Rezoning the Apostolic Church Site at the SW Corner of Main. Street
Old Meridian from the OM /SU to OM /MU; Sponsor: Councilor Carter.
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Second Reading of Ordinance Z- 533 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning 3760 W. 96 Street and 9641 N. Augusta Drive from
the S -1 /Residence and B -7 /Business District Classifications to the B -5 /Business District
Classification; Sponsor: Councilor Rider.
k. Second Reading of Ordinance Z-534-09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Restated and Amended. Ordinance to Establish an Impact Fee for
the Purpose of Planning and Financing Park and Recreational Infrastructure needed to
Serve New Residential Development; Sponsor: Councilor Rider.
I. Resolution CC- 1.2- 07 -09 -01 (Formerly Resolution CC- 11- 16- 09 -02); A Resolution of
the Common Council of the City of Cannel, Indiana, Approving an Amendment to the
Cannel Clay Comprehensive Plan Regarding the Zone Improvement Plan; Sponsor:
Councilor Rider.
11. PUBLIC HEARINGS
a. Fourth Reading of Ordinance D- 1969 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment
Authority and the City of Carmel Redevelopment Commission, Pledging County Option
Income Tax Revenues of the City to Pay Certain Obligations and taking other Actions
related thereto ($33,235,000); Sponsor: Councilor Snyder.
b. First Reading of Ordinance Z- 535 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Adopting Article 3: CARMEL SMARTCODE as part of the
Carmel City Code, Chapter 10: Zoning and Subdivisions; Sponsor: Councilor Rider.
c. First-Reading Of Ordinance Z- 536 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning Properties in the Central Carmel Area from the R-
1/Residence, R -2 /Residence, R -3 /Residence, R- 4/Residence, R -5 /Residence, B-
1 /Business, B -2 /Business, B -3 /Business, B -5 /Business, B -6 /Business, B -7 /Business, B-
8 /Business, C -1 /City Center, C -2 /Old Town, 1 -1 /Industrial, M -3 /Manufacturing, and
OM /Old Meridian District Classifications to the following SmartCode Districts as follows:
Ti Natural, T3 Sub urban, T4 General Urban, T5 Urban Center, and T6 Urban Core
Classifications; Sponsor: Councilor Rider.
d. First Reading of Ordinance Z- 537 -09; 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 Rider.
12. NEW BUSI.NESS
a. First Reading of Ordinance D- 1976 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending City Code Sections 8 -21 (Thirty mph Speed Limit
Designations), 8 -22 (Forty mph Speed Limit Designations) and 8 -23 (Thirty-five mph
Speed Limit Designations) Revising and Establishing Speed Limits on Certain City
Streets; Sponsor(s): Councilor(s) Sharp and Griffiths.
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b. Resolution CC- 12- 07- 09 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving a Transfer of Funds by the City of Carmel, Brookshire Golf
Course Petty Cash ($184.35); Sponsor(s): Councilor(s) Seidensticker, Sharp and Snyder.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
12/07/09 CC Meeting Agenda
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COMMON COUNCIL
MEETING MINUTES
MONDAY, DECEMBER 7, 2009 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Council President W. Eric Seidensticker, Council Members Richard L. Sharp, John V. Accetturo, Luci
Snyder, Joseph C. Griffiths, Ronald E. Carter, Kevin Rider, Clerk Treasurer Diana L. Cordray and
Deputy Clerk Treasurer Lois Fine.
Mayor Brainard was riot in attendance.
Council President Seidensticker called the meeting to order at 6:00 p.m.
Councilor Accetturo pronounced the Invocation.
Council President Seidensticker led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Snyder made a motion to approve the Minutes from the November 16, 2009 Regular Meeting.
Councilor Griffiths seconded. There was brief Council discussion. A scrivener's error was found on line
24 and it was corrected. Council President Seidensticker called for the vote. The Minutes were approved
7 -0.
Councilor Snyder made a motion to approve the Minutes from the December 1, 2009 Special Meeting.
Councilor Accetturo seconded. There was no Council discussion. Council President Seidensticker called
for the vote. The Minutes were approved 5 -0 (Councilors Snyder and Carter abstained).
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
The following individuals addressed the Council in favor of Ordinance Z- 535 -09 (SmartCode):
Shawn Conway
David Leazonby
71 3'`' Avenue S. E., Cannel, IN
664 2 Avenue N.E., Carmel, IN
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The following individuals addressed the Council opposed to Ordinance D- 1961 -09 and Ordinance
D- 1962 -09 (Vacate Right -of -Way):
Jim Spicklemire
Judy Stamper
1309 Lynne Drive, Carmel, IN
1307 Lynne Drive, Carmel, IN
COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS:
Councilor Accetturo addressed the Council regarding the Civic Theatre relocating to Carmel in 2012. He
also informed the Council and citizens that the recertification of the net assessed value for the City of
Carmel from the County Auditor has been reduced by 9 1/2
Councilor Sharp informed the Council and citizens that the Indiana Ballet Company is performing the
Nutcracker at Madame Walker Theatre from December 4 through December 10` The Ballet had
invited 850 children to attend the performance free of charge. The Ballet Company is asking for
donations to provide each child with a Nutcracker figurine during their visit.
Councilor Snyder addressed the Council regarding the Hamilton Council Humane Society.
Clerk Treasurer Diana L. Cordray addressed the Council regarding her adoption of two cats from the
Hamilton Council Humane Society.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Griffiths made a motion to approve Claims in the amount of $635,170.40. Councilor Snyder
seconded. There was brief Council discussion. Council President Seidensticker called for the vote.
Claims were approved 7 -0.
Detail of Wire Transfers for November, 2009 $883,422.18. There was no Council discussion.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee met on November 19,
2009 and November 23, 2009 and had several items to discuss. Councilor Snyder will present the
Committee report when each item appears on the agenda.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met and
discussed Ordinance D- 1961 -09, Ordinance D- 1962 -09, Ordinance Z- 532 -09 and Ordinance Z- 533 -09.
Councilor Sharp will present the Committee report when each item appears on the agenda. The next
meeting will be held on Thursday, December 17, 2009 at 5:30 p.m.
Councilor Rider reported that the Parks, Recreation and Arts Committee met and discussed Ordinance
Z- 534 -09 which was forwarded to the Council with a unanimous favorable recommendation. The
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Committee also discussed the ongoing financial position of the Monon Center. There was brief Council
discussion. The next meeting will be held on Tuesday, December 8, 2009 at 3:00 p.m.
Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had not met.
The next meeting will be held on Monday, December 14, 2009 at 5:30 p.m.
A report was given by Council Appointee Bill Hammer. Mr. Hammer introduced Tom Crowley (new
member of the Commission) to the Council. There was brief Council discussion.
A report was given by Council Appointee Jim Helmer.
OLD BUSINESS
Council President Seidensticker announced the Ninth Reading of Ordinance D- 1953 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II,
Sections 3 -9(a) (c), 3 -13, 3 -15 and 3 -19 of the Carmel City Code (3 -9 Regular and Special Meetings,
Emergency Sessions; 3 -13 President Pro Tempore; 3 -15 Clerk of the Council; 3- 19— Agenda /Additions
to Agenda). Councilor Snyder presented the Finance, Administration and Rules Committee report to the
Council and made a motion to move Ordinance D- 1953 -09 VERSION A 11 -19 -09 (Finance Committee)
into business for Council discussion and reviewed the proposed amendments. Councilor Accetturo
seconded. There was brief Council discussion. Councilor Sharp made a motion to amend the amendment
to add Common on line 56. Councilor Griffiths seconded. There was no Council discussion. Council
President Seidensticker called for the vote. The motion to amend the amendment was approved 7 -0.
Councilor Griffiths made a motion to approve Ordinance D- 1953 -09 As Amended. Councilor Rider
seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance D- 1953 -09 As Amended VERSION A 11 -19 -09 (Finance Committee) was adopted 7 -0.
Councilor Sharp requested from Council President Seidensticker that Ordinance D- 1961 -09 and
Ordinance D- 1962 -09 be discussed together. There was no objection.
Council President Seidensticker announced the Fifth Reading of Ordinance D- 1961 -09; An Ordinance
of the Common Council of the City of Carmel, to Vacate a Portion of the Right -Of -Way of Lynne Drive
and Catherine Drive and announced the Fifth Reading of Ordinance D- 1962 -09; An Ordinance of the
Common Council of the City of Carmel, Indiana, to Vacate a Portion of the Right -Of -Way of Lynne
Drive, Sonna Drive, Vivian Drive and. Catherine Drive. Councilor Sharp presented the Land Use,
Annexation and Economic Development Committee report to the Council. There was brief Council
discussion. Councilor Rider requested that the petitioner, Jamie Browning, be allowed to address the
Council. Council President Seidensticker denied the request. Councilor Carter made a motion to overrule
the Chair. Councilor Griffiths seconded. Council. President Seidensticker called for the vote. The motion
Failed 3 -4 (Councilors Sharp, Accetturo, Snyder and Seidensticker opposed). There was additional
Council discussion. Councilor Sharp made a motion to Table Ordinance D- 1961 -09 and Ordinance D-
1962-09 to a time certain and requested that this item be placed on the Council Agenda on December 21,
2009. Councilor Snyder seconded. Councilor Sharp informed the Council that he would hold a Special
Land Use, Annexation and Economic Development Committee meeting on Thursday, December 17, 2009
at 5:30 p.m. There was no Council discussion. Council President Seidensticker called for the vote. The
motion to Table to a time certain was approved 6 -1 (Councilor Accetturo opposed).
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Council President Seidensticker announced the Third Reading of Ordinance D- 1970 -09; 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 2010. Councilor Snyder presented the Finance, Administration and Rules
Committee report to the Council. This item was referred back to the Council with a 4 -0 favorable
recommendation. There was no Council discussion. Council President Seidensticker called for the
question. Ordinance D- 1970 -09 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 1971 -09; An
Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section
2- 184.1, Change Orders or Alterations of Specifications and Additional Services to the Carmel City Code.
Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council.
This item was forwarded to the Council with a 4 -0 favorable recommendation. There was brief Council
discussion. Councilor Carter referred to City Attorney, Doug Haney, for clarification. Councilor Carter
made a motion to delete Urban Development from line 31. Councilor Rider seconded. There was brief
Council discussion. Councilor Rider withdrew his second. Councilor Carter withdrew his motion.
Councilor Sharp made a motion to amend line 29 after the word contract and prior to the word for, to
insert the words entered into by the Executive and amend line 41 after the word by, insert the words the
Board of Works and (the Board), Councilor Accetturo seconded. There was no Council
discussion. Council President Seidensticker called for the vote to amend Ordinance D- 1971 -09. The
motion was approved 7 -0. There was no Council discussion. Council President Seidensticker called for
the question. Ordinance D- 1971 -09 As Amended was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 1973 -09; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3,
Division II, Section 2 -53 (Leaves of Absence) of the Carmel City Code. Councilor Snyder presented the
Finance, Administration and Rules Committee report to the Council. Councilor Rider made a motion to
approve Ordinance D- 1973 -09. Councilor Snyder seconded. There was no Council discussion. Council
President Seidensticker called for the vote. Ordinance D- 1973 -09 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 1974 -09; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3,
Division II, Sections 2 -39 (Definitions), 2 -40 (Compensation) and 2 -52 (Holidays) of the Carmel City
Code; Sponsor(s): Councilor(s) Snyder and Rider. Councilor Snyder presented the Finance,
Administration and Rules Committee report to the Council. This item was forwarded to the Council with
a 4 -0 favorable recommendation. Councilor Rider made a motion to approve Ordinance D- 1974 -09.
Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for
the vote. Ordinance D- 1974 -09 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance D- 1975 -09; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3,
Division II, Sections 2 -40 (Compensation), 2 -46 (Worker's Compensation), 2 -51 (Paid Time Ofd, 2 -52
(Holidays), 2 -54 (Military Leave), 2 -56 (Jury Duty), 2 -57 (Emergency Closure) and 2 -58 (Tuition) of the
Carmel City Code. Councilor Snyder presented the Finance, Administration and Rules Committee report
to the Council. This item was forwarded to the Council with a 4 -0 favorable recommendation. Councilor
Rider made a motion to approve Ordinance D- 1975 -09. Councilor Sharp seconded. There was no
Council discussion. Council President Seidensticker called for the vote. Ordinance D- 1975 -09 was
adopted 7 -0.
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Council President Seidensticker announced the Fifth Reading of Ordinance Z- 532 -09; An Ordinance of
the Common council of the City of Carmel, Indiana, Rezoning the Apostolic Church Site at the SW
Comer of Main Street Old Meridian from the OM /SU to OM /MU. Councilor Sharp presented the Land
Use, Annexation and Economic Development Committee report to the Council and made a motion to
move Ordinance Z- 532 -09 As Amended VERSION A 12/7/09 into business for Council discussion.
Councilor Carter seconded. There was no Council discussion. Council President Seidensticker called for
the vote. The motion to amend Ordinance Z- 532 -09 was approved 7 -0. Councilor Griffiths made a
motion to approve Ordinance Z- 532 -09 As Amended VERSION A 12/7/09. Councilor Sharp seconded.
There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance Z- 532 -09 As Amended VERSION A 12/7/09 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance Z- 533 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Rezoning 3760 W. 96 Street and 9641 N.
Augusta Drive from the S -1 /Residence and B -7 /Business District Classifications to the B -5 /Business
District Classification. Councilor Sharp presented the Land Use, Annexation and Economic Development
Committee report to the Council. This item was forwarded to the Council with a 4 -0 favorable
recommendation. Councilor Sharp made a motion to approve Ordinance Z- 533 -09. Councilor Snyder
seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance Z- 533 -09 was adopted 7 -0.
Council President Seidensticker announced the Second Reading of Ordinance Z- 534 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an
Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure needed to
Serve New Residential Development. Councilor Rider presented the Parks, Recreation and Arts
Committee report to the Council. This item was forwarded to the Council with a 3 -0 favorable
recommendation. There was brief Council discussion. Councilor Sharp referred to Mark Westermeier,
Director of the Parks Department, to address the Council. City Attorney, Doug Haney, addressed the
Council and referred to John Molitor, Legal Counsel for the Plan Commission, for clarification. There
was additional Council discussion. Councilor Sharp made a motion to amend page 3, line 23, after
Ordinance to insert and increase in the following manner provided the Common Council shall approve
each subsequent increase prior to implementation Councilor Rider seconded. There was no Council
discussion. Council President Seidensticker called for the vote. The motion to amend Ordinance
Z- 534 -09 was approved 6 -1 (Councilor Carter opposed). There was no Council discussion. Council
President Seidensticker called for the vote. Ordinance Z- 534 -09 As Amended was adopted 7 -0.
Council President Seidensticker announced Resolution CC- 12- 07 -09 -01 (Formerly Resolution
CC- 11- 16- 09 -02); A Resolution of the Common Council of the City of Carmel, Indiana, Approving an
Amendment to the Carmel Clay Comprehensive Plan Regarding the Zone Improvement Plan. Councilor
Rider referred to Mike Hollibaugh, Director of the Department of Community Services, to address the
Council. Mr. Hollibaugh referred to Mark Westermeier, Director of the Parks Department, to address the
Council. There was no Council discussion. Councilor Sharp made a motion to approve Resolution
CC- 12- 07- 09 -01. Councilor Accetturo seconded. There was no Council discussion. Council President
Seidensticker called for the vote. Resolution CC- 12- 07 -09 -01 was adopted 7 -0.
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PUBLIC HEARINGS
Council President Seidensticker announced the Fourth Reading of Ordinance D- 1969 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel
Redevelopment Authority and the City of Carmel Redevelopment Commission, Pledging County Option
Income Tax Revenues of the City to Pay Certain. Obligations and taking other Actions related thereto
($33,235,000). Councilor Snyder presented the Finance, Administration and Rules Committee report to
Council and reviewed proposed amendments. The new proposed amount of the bond was $26,630,000.
There was no Council discussion. Council President Seidensticker opened the Public Hearing at
8:44 p.m. Seeing no one who wished to speak, Council President Seidensticker closed the Public Hearing
at 8:44:45 p.m. Councilor Snyder made a motion to move Ordinance D- 1969 -09 As Amended VERSION
A 12/07/09 into business for discussion. Councilor Accetturo seconded. There was no Council
discussion. Council. President Seidensticker called for the vote. The motion was approved 7 -0. There
was no Council discussion. Councilor Griffiths made a motion to approve Ordinance D- 1969 -09 As
Amended. Councilor Sharp seconded. Council President Seidensticker called for the vote.
Ordinance D- 1969 -09 As Amended VERSION A 12/07 -09 was adopted 7 -0.
Council President Seidensticker announced the First Reading of Ordinance Z- 535 -09; An Ordinance of
the Common Council of the City of Carmel, Indiana, Adopting Article 3: CARMEL SMARTCODE as
part of the Carmel City Code, Chapter 10: Zoning and Subdivisions. Councilor Rider referred to Mike
Hollibaugh, Director, Department of Community Services, to present this item to Council. There was
brief Council discussion. Council President Seidensticker opened the Public Hearing at 9:07 p.m.
The following individual addressed the Council in favor of Ordinance Z- 535 -09:
Joyce Axelson 22 Lakeshore Court, Carmel, IN
The following individuals addressed the Council opposed to Ordinance Z- 535 -09:
Karen Carter
Virginia Kerr
Angie Molt
918 E. Auman Drive, Carmel, IN
13595 Kensington Place, Carmel, IN
740 W. Auman Drive, Carmel, IN
11595 N. Meridian, Suite 701
Bill Wendling, Attorney, Campbell
Kyle, Proffitt, representing Kay Lancaster
Gary Doxtater 1.3559 Kensington Place, Carmel, IN
Laura Corry 340 2 Avenue N.E. Carmel, IN
Seeing no one else who wished to speak, Council President Seidensticker closed the Public Hearing at
9:31 p.m. There was brief Council discussion. Councilor Rider 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 Seidensticker called for the vote. The motion was approved.
Councilor Griffiths made a motion to approve Ordinance Z- 535 -09. Councilor Sharp seconded. John
Molitor, legal Counsel for the Plan Commission, addressed the Council. Council President Seidensticker
called for the vote. Ordinance Z- 535 -09 Failed 0 -7 (all members opposed).
Council President Seidensticker announced the First Reading Of Ordinance Z- 536 -09; An Ordinance of
the Common Council of the City of Carmel, Indiana, Rezoning Properties in the Central Carmel Area
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from the R -1 /Residence, R -2 /Residence, R -3 /Residence, R -4 /Residence, R -5 /Residence, B- 1/Business,
B -2 /Business, B -3 /Business, B -5 /Business, B -6 /Business, B -7 /Business, B- 8/Business, C-1/City Center,
C -2 /Old Town, I -1 /Industrial, M -3 /Manufacturing, and OM /Old Meridian District Classifications to the
following SmartCode Districts as follows: Tl Natural, T3 Sub- urban, T4 General Urban, T5 Urban
Center, and T6 Urban Core Classifications. Councilor Sharp made a motion to move this item into
business. This item died for lack of a second.
Council President Seidensticker announced the First Reading of Ordinance Z- 537 -09; 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 Cannel Zoning Ordinance. Councilor Sharp made a motion to
move this item into business. Councilor Rider seconded. Councilor Rider presented this item to Council.
There was no Council discussion. Councilor Sharp made a motion to suspend the rules and not send this
item to committee and vote this evening. Councilor Rider seconded. There was no Council discussion.
Council President Seidensticker called for the vote. The motion was approved 6 -0 (Councilor Snyder was
not present). Councilor Sharp made a motion to approve Ordinance Z- 537 -09. Councilor Rider
seconded. There was no Council discussion. Council. President Seidensticker called for the vote.
Ordinance Z- 537 -09 was adopted 6 -0 (Councilor Snyder was not present).
NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D- 1 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending City Code Sections 8 -21 (Thirty mph
Speed Limit Designations), 8 -22 (Forty mph Speed Limit Designations) and 8 -23 (Thirty-five mph Speed
Limit Designations) Revising and Establishing Speed Limits on Certain City Streets. Councilor Griffiths
made a motion to move this item into business. Councilor Sharp seconded. Councilor Sharp presented
this item to Council. There was no Council discussion. Council President Seidensticker referred
Ordinance D- 1976 -09 to the Utilities, Transportation and Public Safety Committee for further review and
consideration.
Council President Seidensticker announced Resolution CC- 12- 07- 09 -02; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the City of Carmel, Brookshire
Golf Course Petty Cash ($184.35). Councilor Griffiths made a motion to move this item into business.
Councilor Sharp seconded. Councilor Rider presented this item to Council. There was no Council
discussion. Councilor Griffiths made a motion to approve Resolution CC- 12- 07- 09 -02. Councilor Rider
seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Resolution CC- 12- 07 -09 -02 was adopted 6 -0 (Councilor Snyder was not present).
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENTS
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ADJOURNMENT
Council President Seidensticker adjourned the meeting at 10:00 p.m.
ATTEST:
Clerk Treasurer Diana L. Cordra
12/07/09 CC Meeting Minutes
Respectfully submitted,
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�lerk- Treasurer Diana
Approved,
M&'vor James Brainard
ray, IAMC
CRC Meetings
CARMEL REDEVELOPMENT COMMISSION
December 7, 2009
CITY COUNCIL REPORT
(Prepared for Bill Hammer 11- 24 -09)
The CRC held their regularly scheduled public meeting on Wednesday, November 18, 2009 at
6:30 p.m.
Upcoming Meetings:
o Monday, December 7, 2009 Special Meeting
o Wednesday, December 16, 2009 Regular Meeting
Financial Matters:
The end of month October CRC Operating Balance is $2,880,808
CRC Public /Private Partnerships:
1. City Center CRC /Pedcor LLC. (Parcel #5)
a. Please see attached report from Signature Construction (Distributed at 11/18/09 CRC
meeting).
2. Performing Arts Center (Parcel #7 -A)
Please reference attached Construction Manager report.
3. The "Green" (Parcel #7 -B)
a. Design documents are complete for the construction of the Green site work. No work
has begun at the site as this construction work will be the last completed due to the need
for construction staging for both the RPAC and the Parcel 7C (the mixed use project
that includes the theatre, office building and garage.) Final design elements linking the
Green and Veterans Plaza thru the use of common surface materials and a possible
slight change in street elevation. Concepts for ampitheater are being reviewed by the
Commission and will be submitted to Rotary who will be funding part of the project.
4. Energy Center (Parcel #7 -C)
a. Energy Center is currently providing chilled and hot water to the PAC to begin "drying
out" of the building for the interior finish work (plastering).
1
b. Bids for equipment in center were opened at the regular CRC meeting 11/18/09.
Successful low bidders were W.R. Dunkin with $56,000 and Leach Russell with
$573,000. This equipment will serve the Office Building #1 and the Main Stage
Theaters.
5. Theater CRC /Pedcor LLC (Parcel #7C -1)
a. Design and construction documents are moving forward with final theater design
and interior support space approved by potential users. This allows the architect to
complete the foundation and steel frame design for bidding by the Construction
Manager. Interface of theater with office building and garage are complete for
shared public spaces.
b. Construction staff anticipates an early 2010 start date with a mid 2011 completion
date.
6. North Office Building CRC (Parcel #7C -2)
a. The Construction Manager for the project is monitoring test piles that will impact part
of the office building foundations. Bidding to the trade contractors is currently
underway.
b. Office tenant SEP is completing construction documents for their office space on Level
3 4 and is ready for bidding.
c. The CRC has approved initial funding for the design and foundations to keep the project
moving forward due to the 12/1/10 completion date. REI is working with Pedcor
Design Group on value engineering and has established a construction cost estimate.
Building must be complete by 12/1/10 to allow SEP to move in and set up operations.
7. Parking Structure CRC (Parcel #7C -3)
a. Contractors are drilling on -site for auger cast piles to support foundations for the
garage. The first test pile exceeded specifications, allowing the contractor to move
forward with the balance of piles that support the garage and the south wall of the
Office Building #1.
b. Engineers are processing shop drawings for the garage pre -cast. Sump pits for de-
watering are being drilled and preparation for underground storm water storage
excavation to start after piles are in place.
c. Precast concrete shop drawings are being modified to accept a proposed roof top solar
panel array that covers 20,000 sq /ft that could produce 900 KWH of power per day.
CRC staff is applying for a DOE grant to cover the costs of the project.
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8. Indiana Design Center CRC /Pedcor LLC. (Parcel #12)
a. Exterior streetscape improvements on Range Line Road, both north and south of
Indiana Design Center are almost complete. The punch list for Parcel #93 (south of
the IDC) has been completed and the contractor is working towards fixing the
outstanding issues. Parcel #94's punch list will take place in the next week or so
with the contractor's corrections to follow. Improvements include parallel parking,
new brick sidewalks and new streetlights. A total of 11 new public parking spaces
will be added with this project.
b. Developer's south parking lot with 71 spaces will be open to Art District parking (3-
hours) based on an agreement with the City to plow snow on the surface lot. With
the opening of the building and garage, and the new street parking, the Arts District
will have 264 new parking spaces.
9. Arts District Lofts Shoppes CRC /Keystone Development (Parcel #47)
a. The delivery of pre -cast concrete will be completed in approximately three weeks
(weather permitting).
b. Number of construction trades on site has increased due to the construction of the two
story underground garage. Perimeter garage concrete walls are complete with
additional column foundation following ahead of the pre -cast concrete columns holding
up the entire structure. Currently, approximately 35% of the parking garage frame work
is complete up to the second floor of the above -grade structure.
c. CRC to approve building final exterior elevation material at a special meeting of the
Plan Review Panel.
10. VFW -CRC Relocation Project (Parcel #49)
a. As of October 11, 2009, the VFW has moved from their temporary leased space to their
new location on Old Meridian. Weather has delayed some of the site work, but their
parking area is complete and ready for use.
Arts Design District Update:
1. News and Events
a. This summer, CRC staff prepared and submitted a proposal to the Indiana Arts
Commission (IAC) for designation of the Arts Design District as a state recognized
"Cultural District." Representatives from IAC met with CRC staff and President Ron
Carter to review grant application materials and take a tour of the district. The Arts
Design District is one of three finalists under consideration for the "Cultural District"
designation.
3
b. The holiday gallery walk takes place Saturday, December 12 from 5 -10 p.m.
2. New Merchant Update
a. No new businesses at this time.
3. Marketing Report
a. Hirons Co. is working on the 2010 Marketing Communication Plan to present this
month with approval of the plan slated for January 2010.
4
ignature
anstructian LLC
City Progress Report 11/5/09
Signature is pleased to provide the following report which highlights the work at Carmel
City Center as a whole. Please be note that the Parcel 73 Backfill and P -110 projects are
listed as status reports as those contractors have completed the majority of their work,
and left the project.
Signature Construction has also provided a brief list of highlighted activities being
completed within the last month of construction activity for Building A Parcel 5,
Building B Parcel 5, Parcel 7C3 Parking Garage, Parcel 7C1 Theater, Parcel 5 P111
Waterproofing and Paving Components, and Rangeline Streetscape Parcels 93 94
1. Parcel 73 Parcel 5
Backfill Project
Yardberry Earth Systems has remained off site since the last report; their
contract work is caught up at the moment. While building contractors utilize
previously backfilled areas for brick veneer and future EIFS staging etc.
Yarberry is scheduled to return to the jobsite and set the technology vault
under a separate agreement and complete additional stone installations.
Streetscape Project
Parcel 73 Streetscape project remains out for bid, bids area scheduled to be
taken in December, 2009.
Signature will ask CSO if 2 ❑d Pre -bid Meeting should be held.
2. P -110 Topping Slab Project Parcel 5
Lithko Construction has completed all concrete work, trench drain block outs,
and light pole/bollard bases as denoted in the contract documents. They have
pulled off the jobsite, and will return following the removal of the tower
crane to complete their scope of work at this single open bay.
3. P -111 Waterproofing, Mud Slab, and Pavers Parcel 5
Gibraltar has been notified and recommended to the CRC as the successful
low bidder for Bid Package 1. Bid Package 2 successful low bidder is Smock
Fansler. Signature has had post bid interviews with each of these contractors.
4. Carmel City Center Building A Parcel 5
Hagerman Construction has continued primarily on foam installations wire
mesh and concrete installations at the retail level slabs at support areas, they
completed pouring of all pan stairs etc. and are working on inspection pit
walls in coordination with the Envac System, pouring associated floor slabs
at lower retail for the future fire command center, and curbs at the upper
garden roof areas for future balustrades and roofing completion.
Hagerman Masonry Division has completed the majority of walls at the
garage and continued on rubbing and pointing for future finishes, they
completed the last mechanical shaft AAC block since the last report.
Hagerman also continues masonry infills at the garage and retail levels at the
elevator following elevator door frames and Envac installations.
Circle B has continued on stair shaft framing following installations anneal
pan stairs and landings at area A and Area B. Interior framing continues at the
apartments since the last report Circle B has continued framing apartment
interior walls at Area B. Circle B has also continued on installations of metal
studs at Area C upper and lower retail as well as dense glass installations as
well in preparation for veneers at that level.
Skyline roofing has continued wood blocking and installation of EPDM
rubber and associated insulations at the 8th floor of Area B. They also
continue on installations of associated flashings at areas that receive EIFS.
They have worked on installations of roof expansion joints, and worked on
membranes associative with future metal roofing installations.
Broady Campbell has completed all masonry work above the retail elevation.
They have continued block and veneers at lower retail adjacent to the
monumental staircase.
Deem Electric has continued on overhead conduit installations at the garage
area, as well as pulling wire, and installing devices. At the apartment levels
they have completed pulling devices etc. at the apartments of Area C and A.
and continue rough in at area B. Deem has been installing electrical
equipment and transformers for retail level as well as large feeder conduits at
the plaza level as well. They also continue on work associated with the
emergency generator, and main power room for future meter installations by
Duke Energy.
Deem mechanical division has commenced on Envac piping within the
parking garage area trenches for the future central trash collection system.
Dalmatian Fire Protection continues primarily on installations of heads at
apartment ceiling locations, and branch piping at upper floor penthouse shell
locations, they also are currently installing branch piping at the lower retail
areas.
RT Moore has continued rough in at Area C, A and B, They continued on
apartment rough in for domestic water, waste and vent piping. This contractor
has continues on Sanyo HVAC system piping installations and hanging units
in apartment areas. They continued on main duct installations at apartments
and corridors as required. Main exhaust shaft ductwork to the rooftop ERV
equipment has been completed at 3 of the 4 main shafts, these installations
also continues in conjunction with masonry work at these shafts.
Bestway Drywall has continued on installations of drywall at Area C and Area
A. as well as top out of drywall at area B ahead of apartment partitions.
Little Construction has continued EFIS installations at all apartment veneers,
since the last report we have completed the majority of this work at Area A
and Area C, they continue at all elevations at Area B.
Thermal Supply has continued on wall /floor and penetration firestopping, and
top of masonry wall conditions at the parking garage. Finish of this work
continues in association with local inspections.
Thyssen Krupp Elevator has continued since the last meeting working
simultaneously at all building A elevators, they have completed work other
than testing and adjusting at all hydro elevators and continue to work on each
traction elevator on site.
Angelo painting has commenced on priming of drywall partitions within
apartments at Area A and C.
Prime Builders has also mobilized to the jobsite and commenced on entry
doors a Area A and C apartments interior trim, interior doors and shelving.
This contractor also received his first load of cabinets for the initial areas as
well.
Quality Glass has continued window installation.
5. Carmel City Center Building B Parcel 5
Drywall has been hung at the 2 3rd floor exterior walls and we are in the
process of finishing this drywall.
Work on the North and South elevators continues. We should be ready to do
the final adjusting for these elevators by the end of November (provided we
have permanent power available by that time).
Nearly all of the 1 floor storefront frames have been installed and we are
scheduled to start setting glass within these frames yet this week.
We are in the process of installing the metal roof panel system at all (4) roof
trusses.
Insulation and vapor barrier at the 1 floor exterior walls is scheduled to be
complete by early next week.
The hollow metal door frames are scheduled to arrive on site next week and
the doors and hardware are scheduled to arrive by the end of November.
The cooper piping rough -in work for the Sanyo HVAC system is as far along
as it can go at this time (until the Sanyo units arrive on site). We are in the
process of installing this copper piping at the 1 floor ceiling.
Little Construction is in the process of completing their EIES work at all (4)
bldg. elevations as well as at the roof.
The supply and return ductwork within the mechanical shaft has been
installed.
We are getting geared -up to start the "sealer" work at the inside of the
mechanical shaft.
6. Village on the Green Theater Parcel 7C -1
Preliminary schedule provided to the CRC on Wednesday 11/4 based on the
receipt of plans on 11/30/09.
7. Village on the Green Parking Garage Parcel 7C -3
Auger cast production pile installation is still progressing. They have installed
just under 270 of 480 piles as of yesterday for about 55% complete.
Shoring soldier piles are complete and steel retaining plate installation is
complete. Excavation at the detention pond is in progress.
The R1 Turner's utility contractor continues working on the storm water by-
pass.
The utility contractor for RL Turner should start the storm water sump next
week.
Signature Construction has requested winter conditions budgeting and the
improvement in the schedule.
We need the state release beyond the foundation release.
Preliminary detention pipe inspection held on 11/3/09.
8. Rangeline Streetscape Parcels 93 94
Harco has worked on their completion list. We did a punch walk with Bob
Olson on Tuesday 11/3/09. The punch list will be forwarded today.
Calumet completed stone placement. They placed the paver bed yesterday.
Calumet has formed and is pouring the gutter curb today including the balance
of the island curb.
City of Carmel
Indiana
CSC) Architects
ARCHITECTI.iRE INTERIOR DESIGN
SHIEL SEXTON
Carmel Redevelopment Commission
Parcel 7A, Regional Performing Arts Center
UAVID M. SCHWARZ'
ARCHITECTURAL SERVICES. INC.
ARTEC
Project Status Report
o Progress Update
o Progress Photos
November 18, 2009
LYNCII, HARRISON SRUMLEVI, INC.
L`ACQUIS
Progress Update
North Elevation Limestone in Place! (11.13.09)
The momentum of the project continues at a very quick pace. There are currently approximately 250 workers
on site daily. This includes a second shift of stone masons installing the exterior limestone. The current plan
calls for the second shift of stone work to continue until weather does not allow it to be productive.
Mechanical, plumbing and electrical contractors continue to rough in piping, conduits and duct. The final
concrete opening into the building has been poured (below the loading dock). The installation of stairs and
misc. metals continues. Masonry work on the exterior is substantially complete. The cast stone on the drum at
the dome is approximately 90% complete. The interior masonry is approximately 90% complete. Fireproofing of
the structural steel is approximately 95% complete. The limestone for the building is approximately 95%
fabricated. Installation of granite and limestone on the building exterior continues with about 35% of the pieces
installed. Metal stud walls and drywall are being placed in multiple areas. Framing, lath, and plaster for the
auditorium ceiling (domes) are being installed. Framing and lath work has started at the box tier balcony low
ceilings. The plaster contractor continues fabricating plaster moldings, trim, and columns at the project
warehouse. Conduit and wire installation is in progress. Overhead rough -ins (MEP) in the East West
Lobbies, as well as the upper seating area ceilings, continues. The freight elevator is in operation. Installation
of elevators 1 2 continues. The ornamental stairs support steel installation is in progress. The temporary
HVAC system has been started up and is providing heat to the building so the plaster work can continue.
Oculus skylight installation is complete. Acoustic curtain track installation has started.
Over the next 30 days work will complete with the installation of the building exterior and interior masonry.
Installation of the granite and limestone will continue. Columns at the Portico will be started. The electrical,
plumbing, mechanical and fire protection contractors will continue systems rough -in (piping and conduit). Clay
tile roofing will start. Auditorium balcony handrail supports installation will complete. The added retaining wall
at the NW corner of the building will be started. Window installation will begin.
Page 2 of 16
317294.5125
664 2nd Avenue NE
Carmel IN 46032
December 7, 2009
Members of the City Council
City of Carmel
RE: SmartCode
Dear Council Members:
I am writing to call your attention to an important inconsistency within the SmartCode for
north central Carmel. I general I support the efforts and goals of the new ordinance. As
Carmel will continue to experience growth pressure, it will allow more predictability in land
use and allow for proper planning for redevelopment of the central area of the City for many
years to come. This is especially important for the continued redevelopment of Main Street.
As more people are attracted to live closer to the central City, the businesses in Old Town will
be more successful. Not only will this make Main Street more viable, this will ultimately lead to
more commercial property tax revenue and thus Tess burden by all residents. The SmartCode
will certainly allow more people to live closer the core of Carmel.
However, in its current form, I believe the SmartCode includes a certain aspect that cannot be
ignored bythe Council. This new ordinance intends to generally "upzone" each parcel within
the north central area. For example, in most areas it allows smaller lot widths, more narrow
setbacks and greater building height. It generally allows for greater density and seeks a more
comfortable urban form for residents to walk or bike. But for Old Town, the SmartCode
actually restricts some of the current uses. Today, the Old Town residential area is a collection
of many different residential and commercial zones. It is also home to a mix of single family, 2-
unit, 3 -unit, 4 -unit, small apartment buildings, a bed breakfast, a spa, and other small
businesses. All of these uses occupy what is generally considered the "residential areas" of Old
Town. If the SmartCode is approved as written, any future redevelopment of properties in Old
Town must be only single- family homes. I believe this constitutes a "downzone" of some
properties in Old Town and should be given more consideration before instituting such action.
Again, I support the efforts of the SmartCode. If applied correctly it can have a very positive
impact on the future of Main Street. However, all of the residential areas should be given
more opportunities to contribute its success. There are many reasons to suggest that Old
Town be given a higher district (ie. T4) within the SmartCode. I would be happy to share
further thoughts if requested. I can be reached at 294 -5125 or david @davidleazenby.com.
Sincerely,
David E. Leazenby, President
Leazenby Companies
www.davideazenby.com
JOHN D. PROFFITT
JEFFREY S. NICKLOY
DEBORAH L. FARMER
WILLIAM E. WENDLING, JR.
ANNE HENSLEY POINDEXTER
ANDREW M. BARKER
MICHAEL A. CASAT1
JOHN S. TERRY
RODNEY T. SARKOVICS
SCOTT P. WYATT
AMY E. HIGDON
STEPHENIE K. GOOKINS
N. SCOTT SMITH
KEVIN G. KLAUSING
MATTHEW T. LEES
CAMPBELL KYLE PROFFITT LLP
ATTORNEYS AT LAW
December 4, 2009
ATTN: Mr. Mike Hollibaugh, Director Ms. Lois Fine
City of Carmel
Department of Community Services
RE: Application of the SmartCode to the property located at
969 North Rangeline Road, Carmel, IN 46032
Dear Mr. Hollibaugh and Ms. Fine:
FRANK S. CAMPBELL
(1880.1964)
FRANK W. CAMPBELL
(1916 -1991)
ROBERT F. CAMPBELL
(1946.2004)
JOHN M. KYLE
(1927.2006)
The purpose of this Letter is to address concerns that my client, Kay Lancaster, has regarding
the adoption of the SmartCode as it relates to her property located at 969 North Rangeline Road in
Carmel, Indiana. The City Council members should be familiar with the location of the property
since, for 31 years, it has been the home of North.side Trailer. It is important for the Council
members to know that the existence of this business pre -dates the ordinance that exists today.
Changing the current zoning classification from a B -3 to a Transect Zone T -4, under the new
SmartCode, creates a significant reduction in "uses" available to the property. In essence, the City
is proposing to re -zone the property, currently zoned for "business uses," to a new designation
created primarily for "residential uses." This is obviously a significant change in the way this
property can be used that results in a very material loss of value.
Presently, Ms. Lancaster is selling the land and, because the property is now subject to a
change in zoning classification, a number of potential buyers have discontinued considering
purchasing it since they know there are significant restrictions regarding its use for business
purposes.
Ms. Lancaster, and the undersigned, appreciate the opportunity we have had to visit with the
Director of the Department of Community Services in an effort to ascertain what exactly the City
of Carmel envisions, not only for her property, but the surrounding properties located at the
intersection of Rangeline Road and U.S. 31. It is our understanding that the City believes that there
is a greater opportunity, or potential, for the development of "dense residential uses" on the land
One Penn Mark 11595 North Meridian Street Suite 701 Carmel, Indiana 46032 (317) 846 -6514 FAX (317) 843 -8097
City of Carmel
Department of Community Services
December 4, 2009
Page 2
rather than commercial development. We respectfully disagree that this is an appropriate
consideration for the City to make. However, in the spirit of being a good neighbor and citizen of
Carmel, my client would like for the city council and /or Carmel Clay Plan Commission to consider
a modification to the T -4 zoning classification, as set forth in the Smart Code, allowing additional
"business uses" on the property. Furthermore, my client would also like the City to consider relief
from the "developmental standards" that will be imposed on the property if the City adopts the
SmartCode provisions.
Specifically, my client proposes that the uses set forth in the table outlining Specific
Functions and Uses of Property in the T -4 section be amended, as it relates to her property, to allow
the following:
1. Mixed use block.
2. Clarification that if a restaurant is permitted, it be able to have the ability to
have a bar and provide alcoholic beverages
3. Use for tavern, bar and liquor sales
4. Conference center
5. Exhibition center
6. Live theater
7. Museum
8. Greenhouse
9. Kennel
10. Gasoline
11. Auto sales /service with lot
12. Truck/sales maintenance
13. Drive thru facility
14. Med clinic
15. Telecommunications
Again, my client wants to emphasize that she is happy to work with the City to formulate a
resolution to the zoning by adopting a reasonable "uses" and "developmental standards" for her
property that are complimentary with the proposed SmartCode.
It is our understanding that the public hearing for the adoption ofthe SmartCode will be held
on December 7, 2009, with the assumption that it will then be sent to the city council's Land Use
Committee for their review. It is our further assumption that the Land Use Committee will send it
back to the Plan Commission for further consideration. We are hopeful that we will be allowed to
make further comments to the City and its agencies regarding the re -zone of the property.
CAMPBELL KYLE PROFFITT LLP
ATTORNEYS AT LAW
City of Carmel
Department of Community Services
December 4, 2009
Page 3
Thank you for the opportunity to present these issues. We look forward to working with the
City to see if we can come to an amicable resolution of our concerns.
WEW /bjs
Sincerely,
J r
William E. Wendling,
CAMPBELL KYLE PROFFTTT LLP
ATTORNEYS AT LAW