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Home My WebLink About08-06-2012Office of the Clerk - Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 6, 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 a. Nancy Chance — Good Samaritan Network of Hamilton County, Inc. — Presenting plaques to Carmel Fire and Police Departments and to Carmel Financial. b. Carmel Police Department School Resource Unit 4. APPROVAL OF MINUTES a. July 16, 2012 Regular Meeting b. July 26, 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 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 317/571 -2414 1 10. OLD BUSINESS a. Fifth 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 Cannel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement); Sponsor: Councilor Rider. Remains in the Utilities, Transportation and Public Safety Committee (8/13/12). b. Fifth 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 (8/16/12). c. Second 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); Sponsor(s): Councilor(s) Rider and Sharp. d. Third 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. Remains in the Finance, Administration and Rules Committee (8/16/12). e. Third 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. f. Fourth 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. g. Fourth 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. h. 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. Sent to the Finance, Administration and Rules Committee (8/16/12). 1 1. PUBLIC HEARINGS a. Fifth 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. 2 b. First Reading of Ordinance Z- 559 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Highpoint On Meridian Planned Unit Development District (Southwest of the Intersection of Illinois Street and 136`x' Street); Sponsors: Councilors Rider, Sharp and Snyder. 12. NEW BUSINESS a. First Reading of Ordinance D- 2099 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana; Sponsor (ALP First Quarter Codification): Councilor Snyder. b. First Reading of Ordinance D- 2100 -12; 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 and Taking Other Actions Related Thereto ($195,000,000); Sponsors: Councilors Sharp and Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 08/06/12 CC Meeting Agenda 3 1 1 COMMON COUNCIL MEETING MINUTES MONDAY, AUGUST 6, 2012 - 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, 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 called the meeting to order at 6:00 p.m. Pastor Stuart Lawrence, Fellowship in Christ Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Nancy Chance, Good Samaritan Network of Hamilton County, presented plagues to the Carmel Police Department, Carmel Fire Department and to Tracy Sheehan of Carmel Financial Corporation for their continued support for the Holiday program. Nancy also presented Tracey Sheehan the Pillar of Excellence Award. Police Chief Tim Green recognized Greg Dewald, Phil Hobson, D.J. Schoeff, Wendy Bodenhorn, Lee Goodman and Jeff Horner with the Carmel Police Department School Resource Unit for being chosen by the National Association of School Resource Officers as its 2012 Model Agency. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the July 16, 2012 Regular Meeting. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7 -0. Councilor Snyder made a motion to approve minutes from the July 26, 2012 Special Meeting. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 5 -0 (Councilors Carter and Sharp abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: IBob Wallace, John Accetturo and Kathy Wallace addressed the Council with concerns regarding Ordinance D- 2100 -12 (Financing the Acquisition by the Authority of Real Property - $195,000,000). 1 COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding Dog Day Afternoon that will be held on August 25`1' from 3:00 p.m. until 8:00 p.m. at the Carmel Center Green. Councilor Carter addressed the Council regarding a joint presentation video by the Farmers Market and Chipotle Restaurant titled "What's On Your Plate" that will be held on August 9' at 6:30 p.m. at the Studio Theatre in the Carmel Center Green. Council President Sharp informed the Council and citizens that the September 3, 2012 Council meeting would be cancelled. City Hall will be closed in observance of Labor Day. A Special Council meeting will be noticed for Tuesday, September 4, 2012 at 6:00 p.m. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of $1,981,607.59. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Thursday, August 16, 2012 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had met and discussed Ordinance Z- 556 -12, Ordinance Z- 557 -12, Ordinance Z- 558 -12 and Ordinance D- 2093 -12. The committee report will be given when the item appears on the agenda. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. The next meeting will be held on Tuesday, August 14, 2012 at 3:00 p.m. 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. There was brief Council discussion. Les Olds, Executive Director, Carmel Redevelopment Commission addressed the Council. Loren Matthes, Umbaugh, addressed the Council. OLD BUSINESS Council President Sharp announced the Fifth 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 1 1 1 Council President Sharp announced the Fifth 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. This item was not discussed. Council President Sharp announced the Second 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 Hones); Sponsor(s): Councilor(s) Rider and Sharp. This item was Tabled until Monday, August 20, 2012 per a request from the petitioner. Council President Sharp announced the Third 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. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Sharp announced the Third 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). Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council. This item was referred back to the Council with a positive recommendation. Councilor Seidensticker made a motion to approve Ordinance Z- 556 -12. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 556 -12 was adopted 7 -0. Council President Sharp announced the Fourth 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. Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council. This item was referred back to the Council with a negative recommendation. Councilor Carter made a motion to approve Ordinance Z- 557 -12. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 557 -12 FAILED 0 -7. Council President Sharp announced the Fourth 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. Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council. This item was referred back to the Council with a positive recommendation. This item, without objection from the Council, was returned back to the Land Use, Annexation and Economic Development Committee for further review and consideration. 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 Monon Trail, and City Center Monon Court Stairway); Sponsor: Councilor Carter. Sent to the Finance, Administration and Rules Committee. This item was not discussed. 3 1 1 1 PUBLIC HEARINGS Council President Sharp announced the Fifth 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). Councilor Seidensticker presented proposed Ordinance D- 2093 -12 As Amended to the Council for discussion. There was brief Council discussion. Council President Sharp opened the Public Hearing at 7:19 p.m. Mike Hollibaugh, Director, Department of Community Services, addressed the Council. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 7:22 p.m. Councilor Seidensticker made a motion to amend Ordinance D- 2093 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend was approved 7 -0. Councilor Seidensticker made a motion to approve Ordinance D- 2093 -12 As Amended. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2093 -12 As Amended was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance Z- 559 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Highpoint On Meridian Planned Unit Development District (Southwest of the Intersection of Illinois Street and 136`x' Street). Councilor Snyder made a motion to move this item into business. Councilor Finkam seconded. Councilor Rider presented this item to the Council and referred to Paul Reis, Krieg Devault, Attorney for the petitioner, to address the Council. Gary Weaver, Weaver Sherman Design, addressed the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:49 p.m. The following individuals addressed the Council with concerns: Meredith, Mrs. Abbott, Brad Cisco, Peter Ten Eyck, Bonnie Callahan, Rob Melis, Rebecca Hubbard, April Sanchez and Nicole Kaufmann. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:32 p.m. There was no Council discussion. Council President Sharp referred Ordinance Z- 559 -12 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D- 2099 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana; Sponsor (ALP First Quarter Codification). Councilor Snyder made a motion to move this item into business. Councilor Finkam seconded. Councilor Snyder presented this item to the Council and 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 Sharp called for the vote. The motion was approved 7 -0. Councilor Rider made a motion to approve Ordinance D- 2099 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2099 -12 was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance D- 2100 -12; 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 and Taking Other Actions Related Thereto ($195,000,000). Councilor Snyder made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Snyder presented this item to the Council. Council 4 President Sharp referred to Bruce Donaldson, Attorney, Barnes & Thornburg, to address the Council. Councilor Snyder requested the following items from Mr. Donaldson: 1) Twelve months of the CRC's financials 2) Twelve months of the CRC's check registry activity 3) All paperwork that is related to the financial transactions that are listed in Exhibit A, including the loan amounts, loan rates, payoff dates and all contracts and the purpose for the loan 4) Project agreement for a project that will be built with private funds but will have a public component attached Council President Sharp referred Ordinance D- 2100 -12 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT IADJOURNMENT Mayor Brainard adjourned the meeting at 8:53 p.m. Respectfully submitted, 1 ATTEST: Diana L. Cordray, IAMC, Clerk- Treas>lirer 08/06/12 CC Meeting Minutes Clerk - Treasurer Diana L. Cordray, IAN /C Approved, � � l a es Brainard, Mayor 5 CARMEL REDEVELOPMENT COMMISSION August 6, 2012 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 7/24/12) CRC Meetings • Upcoming Meetings: o Wednesday, August 15, 2012 at 6:30 p.m. — Regular Meeting Financial Matters: • The end of month June CRC Non Operating and Operating balance is $7,025,501 CRC Public/Private Partnerships: 1. City Center — CRC/Pedcor LLC (Parcel #5) a. The Motor Court west wall construction work is complete. The window box displays will be used to display marketing materials for the various City Center tenants. b. Signature is reviewing the bids for building D 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 II 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 design and cost package was submitted to the City Council at the July 16, 2012 City Council meeting. 2. 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. Bids are under review by the CM. Funding for work will come from funds set aside by the Commission out of the PAC account. 1 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 have worked out the final details and the Department of Community Service has granted the occupancy permit for the garage. This will allow 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. 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 2 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