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HomeMy WebLinkAbout07-16-2012Office of the Clerk- Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, JULY 16, 2012 - 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. June 18, 2012 Regular Meeting b. June 25, 2012 Special Meeting c. July 2, 2012 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 Month of June, 2012 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 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/371 -2414 1 12. NEW BUSINESS a. Resolution CC- 07- 16- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing Certain Employees of the Carmel Clay Communications Center to Carry Over Time in Excess of the Limits Established by Ordinance in their Paid Time Off (PTO) Accounts; Sponsor(s): Councilor(s) Carter, Seidensticker and Sharp. b. Resolution CC- 07- 16- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Carmel Redevelopment Commission Obligations Secured or Guaranteed by, or Payable from, Public Funds (Stairway from City Center Drive to the Monon Trail, and City Center Monon Court Stairway); Sponsor: Councilor Carter. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOU RNMENT 07/1 6/ 12 CC Meeting Agenda 3 COMMON COUNCIL MEETING MINUTES MONDAY, JULY 16, 2012 - 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk- Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Mayor Brainard was not in attendance. Council President Sharp called the meeting to order at 6:00 p.m. Pastor Paul Swartz, King of Glory Lutheran Church, pronounced the Invocation. Pastor Swartz presented a stamp collection of Andrea Palladio to the Council for display in the Palladium. Councilor Seidensticker led the Pledge of Allegiance. IRECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: 1 Councilor Seidensticker made a motion to approve minutes from the June 18, 2012 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7 -0. Councilor Seidensticker made a motion to approve minutes from the June 25, 2012 Special Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 6 -0 (Councilor Snyder abstained). Councilor Seidensticker made a motion to approve minutes from the July 2, 2012 Special Meeting. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 6 -0 (Councilor Snyder abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Kathy Wallace addressed the Council in opposition to Resolution CC- 07- 16 -12 -02 (Stairway from City Center Drive to the Monon Trail and City Center Monon Court Stairway). Judy Sholly addressed the Council regarding placement of garage sale signs in Carmel. Bob Wallace addressed the Council regarding the grain elevator demolition. 1 1 COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Clerk - Treasurer Diana L. Cordray addressed the Council regarding the upcoming budget calendar and workshop. Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Council President Sharp addressed the Council regarding a Special Meeting for claims approval only. Council President Sharp also acknowledged Boy Scout troops 112 and 576 who were in the audience. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of $2,165,561.06. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. Detail of Wire Transfers Month of June, 2012. Councilor Snyder made a motion to acknowledge wire transfers in the amount of $17,250,000.65. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Wire transfers were acknowledged 7 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had met and discussed Ordinance D- 2092 -12, Ordinance D- 2093 -12, Ordinance Z- 556 -12, Ordinance Z- 557 -12 and Ordinance Z- 558 -12. Ordinance D- 2093 -12 was forwarded back to the Council. All other ordinances remain in committee. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Rider reported that the Utilities, Transportation and Public Safety Committee had not met. Dave Bowers, Council representative on the Carmel Redevelopment Commission, was available for questions of the Council regarding the financial activities of the Carmel Redevelopment Commission. Les Olds, Executive Director, Carmel Redevelopment Commission, addressed the Council regarding Resolution CC- 07- 16 -12 -02 (stairways). There was brief Council discussion. OLD BUSINESS Council President Sharp announced the Fourth Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the City of Carmel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement); Sponsor: Councilor Rider. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. 2 Council President Sharp announced the Fourth Reading of Ordinance D- 2093 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing an Amendment to Commitments Concerning the use and Development of Real Estate (Gramercy); Sponsor: Councilor Sharp. Without objection from the Council, this item will be Tabled until August 6, 2012. Council President Sharp announced the Third Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2- 48 (Deferred Compensation Plan) of the Carmel City Code; Sponsors: Councilors Rider, Sharp, Snyder, Carter, Schleif and Finkam. Remains in the Finance, Administration and Rules Committee. There was brief Council discussion. Councilor Snyder made a motion to Table this item. Councilor Seidensticker seconded. There was brief Council discussion. Council President Sharp called for the vote. The motion was approved 7 -0. Council President Sharp announced the Second Reading of Ordinance Z- 556 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Lakes at Town Road III Planned Unit Development District (9.6 Acres, 12 Lots, 13336 Towne Road); Sponsor(s): Councilor(s) Rider and Sharp. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Council President Sharp announced the Third Reading of Ordinance Z- 557 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Qualifications of BZA Hearing Officers; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Council President Sharp announced the Third Reading of Ordinance Z- 558 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX); Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the First Reading of Ordinance D- 2097 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Amendment to Commitments Concerning the use and Development of Real Estate (Fortune Property; Pulte Homes). Councilor Seidensticker made a motion to move this item into business. Councilor Finkam seconded. Council President Sharp referred to Steve Hardin, Attorney, Faegre Baker Daniels, representing Pulte Homes of Indiana, to present this item to the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:18 p.m. Dan and Karen Muehlenbein addressed the Council in opposition to this ordinance. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 7:22 p.m. There was no Council discussion. Council President Sharp referred Ordinance D- 2097 -12 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp announced the Second Reading of Ordinance D- 2098 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Carmel, Indiana, General Fund for use in the Support The Arts Fund ($1,358,000); Sponsor: Councilor Sharp. Sent to the Finance, Administration and Rules Committee. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:23 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 7:23:30 p.m. 3 1 1 NEW BUSINESS Council President Sharp announced Resolution CC- 07- 16- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing Certain Employees of the Carmel Clay Communications Center to Carry Over Time in Excess of the Limits Established by Ordinance in their Paid Time Off (PTO) Accounts. Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Councilor Seidensticker presented this item to the Council. Councilor Rider made a motion to approve Resolution CC- 07- 16- 12 -01. Councilor Seidensticker seconded. There was brief Council discussion. Councilor Finkam referred to Barb Lamb, Director of Human Resources, to address the Council. Council President Sharp called for the vote. Resolution CC- 07- 16 -12 -01 was adopted 7 -0. Council President Sharp announced Resolution CC- 07- 16- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Carmel Redevelopment Commission Obligations Secured or Guaranteed by, or Payable from, Public Funds (Stairway from City Center Drive to the Motion Trail, and City Center Monon Court Stairway). Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Carter presented this item to the Council and referred to Les Olds, Executive Director, Carmel Redevelopment Commission, to address the Council. There was brief Council discussion. Council President Sharp referred Resolution CC- 07- 16 -12 -02 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Council President Sharp adjourned the meeting at 7:53 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk - Treasurer 07/16/12 CC Meeting. Agenda Clerk- Treasurer Diana L. Cordray Approve 4 es Brainard, Mayor CARMEL REDEVELOPMENT COMMISSION July 16, 2012 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 7/1 0/12) CRC Meetings • Upcoming Meetings: o Wednesday, July 18, 2012 at 6:30 p.m. — Regular Meeting Financial Matters: • The end of month May CRC Non Operating and Operating balance is $253,605 CRC Public /Private Partnerships: 1. City Center — CRC /Pedcor LLC (Parcel #5) a. The Motor Court west wall construction work will be complete the week of 6/18/12. The window box displays will be used to display marketing materials for the various City Center tenants. b. Signature Construction has completed the scopes of work for Parcel #5 Building D. The bidding process is underway and bids have been received. Signature is reviewing the bids and will make a determination as to how to proceed. Site planning and coordination of utilities being coordinated by CSO based on future building to complete City Center. Moving forward on the project will require review and approval by City Council. c. Pedcor Phase I1 project agreement was reviewed at the May 3, 2012 special meeting. The CRC approved the project, subject to City Council approval of the proposed financing. d. At its regular June 20, 2012 meeting, the CRC approved the funding of a stair connecting the Motor Court and Veterans Way upper level to the lower level grade and a sidewalk to the Monon Trail. The Commission authorized spending $129,000, subject to City Council approval of the proposed financing. The Palladium (Parcel #7 -A) a. CRC continues to acquire quotes for miscellaneous equipment for the Palladium. This information will come to the Commission's attention as well as the Finance sub- committee. Palladium staff has issued a list of specific equipment needed. This list was submitted by "priority of need." b. The landscape drawings for the Palladium Landscape bid package have been revised by the Construction Manager to reflect scope changes. The rebid of packages #14 and #15 were opened at a special meeting on July 10, 2012 at 5 p.m. Bids will be reviewed by 1 the CM. Funding for work will come from funds set aside by the Commission out of the PAC account. c. Tarkington Theater — the project architect and Construction Manager are setting up the one year warranty inspections for all parts of the project. Artec Consultants will participate as it relates to theater equipment. 3. Energy Center Piping Extensions to City Buildings (Parcel #7 -C) a. Contract work at all buildings is complete. Training is set for Monday, July 16. b. The CRC authorized the Project Agreement and related documents with regard to the conveyance and redevelopment of the Monon Parcel 7C Lofts and Third Avenue Parcel 7C Office Building with Anderson Birkla. Anderson Birkla is conducting all of the necessary due diligence required to close on the property. AB has hired CSO Architects to act as the architect for the project. The CRC will provide limited site engineering for the project to complete the 7C project per the master plans. 4. Arts District Lofts & Shoppes — CRC /Keystone Development (Parcel #47) a. Work on the first phase of the west side of the Monon Trail between Main Street and 1st St NW is complete. The second phase has been bid out and two bids were received. The low bid was $85,000. The Carmel Clay Parks Department will contribute $50,000 towards the project. b. The CRC staff is working with the Plan Review Panel sub - committee to come up with a final design of the courtyard, based on Rundell & Ernstberger's design concepts. Keystone Construction, developer of the project, has been involved in the process. A meeting with the Mayor, the CRC and the Developer is scheduled to come to closure on the design. c. Bike Parking is being reviewed and discussed by the CRC Staff, Department of Community Services and the Sophia Square developer. Implementation of the plan should occur soon with all bikes being parked and located at designated bike parking locations. d. Keystone Construction has requested loading dock modifications with time frames for move in /out of apartments as well as pickup and delivery of food, trash, materials, etc. To define the area will require the removal of two on street, parallel parking spaces. The CRC staff has directed Keystone to take this request to the City of Carmel's Board of Public Works as this is public right of way. e. The developer and the City Departments are working out the final details to get a permanent occupancy pen-nit for the garage, allowing the developer the opportunity to turn the garage over to the City. The City and Developer are working on a Parking Management Agreement that will outline the sharing of costs. 2 5. Miscellaneous Projects a. The Grain Tower - During an inspection, the Indiana Department of Environmental Management ('`IDEM ") conducted limited testing of a "pink substance ", which reported the presence of a regulated pesticide, methoxychlor. Methoxychlor is an insecticide that was once commonly used against a wide range of pests, including houseflies and mosquito's, cockroaches, chiggers, and various arthropods commonly found on field crops, vegetables, fruits, stored grain, livestock, and domestic pets. b. The IDEM has requested a work plan be prepared to properly manage the removal and disposal of construction debris, which may potentially contain methoxychlor. The CRC, the general construction contractor (Casey - Bertram Construction, Inc.), and the environmental oversight contractor (August Mack Environmental, Inc.) are working together with the IDEM to develop a work plan to address the remaining debris in accordance with all applicable regulations. Following approval of the plan by the IDEM, the plan will be implemented by the CRC and its subcontractors to properly handle and dispose of the remaining debris. 3 Ray,' ' t<d r„ p,•, VIA EMAIL INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. Mitchell E. Daniels, Jr. 100 North Senate Avenue Governor Indianapolis, Indiana 46204 (317) 232 -8603 Toll Free (800) 451 -6027 www.idem.IN.gov Thomas W. Easterly Commissioner Mr. Matt Worthley Cannel Redevelopment Commission 30 West Main St. Suite 220 Carmel, Indiana 46032 Dear Mr. Worthlcy: May 22, 2012 Re: Violation Letter City of Cannel Grain Elevator Demolition Carmel, Hamilton County On 5/17/2012, a representative of the Indiana Department of Environmental Management, Office of Land Quality, conducted an inspection of the City of Carmel, Grain Elevator demolition project located at 221 2nd Street SW, Carmel, Indiana. This inspection was conducted pursuant to IC 13- 14 -2 -2. For your information, and in accordance with IC 13 -14 -5, a summary of the inspection is provided below: Type of Inspection: Results of Inspection: Compliance Evaluation Inspection Violations were discovered that require immediate action. At the time of the inspection. IDEM became aware of the presence of a solid waste that may potentially be a regulated hazardous waste. The City of Cannel failed to conduct a proper waste determination for the material as required by 40 CFR 262.11. Results of limited testing conducted by IDEM indicate the presence of a regulated pesticide. Upon receipt of this letter, IDEM is requesting that the City of Carmel prepare a remediation work -plan for the removal and disposal of contaminated debris associated with the demolition of the grain elevator. Further activities conducted at the site should be conducted in compliance with all applicable regulations. Absent more specific information on the characteristics of the pesticide, IDEM believes it is appropriate to manage the site in accordance with OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) requirements found at 40 CFR 29 1910.120. Those standards require, among others, elements such as hazard identification, a site health and safety plan, and a description of actions that will be taken to prevent exposure to hazardous constituents. The remcdiation work -plan should specifically include the following: An Equal Oppornin ry Employer Pluuc Recycle GO - A description of measures such as berms to prevent run -on and run -off. - A description of measures such as dust suppressants, control structures and air monitoring to prevent worker and public exposure to air -born constituents. A description of how visibly contaminated debris will be segregated and containerized prior to proper disposal. A description of how any standing liquids will be managed and disposed. - A description of further sampling and waste determination efforts, particularly if contaminants are found in their original form (i.e. powders and /or packaging). A description of how the City will determine if off -site contamination has occurred. A copy of the remediation work -plan should be submitted to this office. Failure to respond adequately to this Violation Letter may result in a referral to the OLQ Enforcement Section. A complete inspection report will be prepared by IDEM once all relevant information has been obtained. Once debris removal is complete, it may be necessary for the City to develop a site sampling and analysis plan to determine if contamination is present that would require further remediation. Please direct any response to this letter and any questions to Chris Lowell at (317) 727 -4269, or to me at (317) 234 -6946. Thank you for your attention to this matter. Sincerely, John Crawford Section Chief Industrial Waste Compliance Section Compliance and Response Branch Enclosure cc: Hamilton County Health Department