HomeMy WebLinkAbout08-20-2012Office of the
Clerk- Treasurer
City of C
(l
C4
rmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, AUGUST 20, 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. August 6, 2012 Regular 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 July 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
ONE CIVIC SQUARE CARAMEL, INDIANA 46032 317/571 -2414
1
10. OLD BUSINESS
a. Sixth 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.
b. Sixth 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.
c. Third 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. Fourth 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.
e. Second 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. Sent to the
Finance, Administration and Rules Committee.
f. Fifth 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 Cannel Zoning
Ordinance (Patch IX); Sponsor: Councilor Rider. Returned to the Land Use, Annexation
and Economic Development Committee.
g.
Second 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 136t,l Street);
Sponsors: Councilors Rider, Sharp and Snyder. Sent to the Land Use, Annexation and
Economic Development Committee.
h. Resolution CC- 07- 16- 12 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving Redevelopment Commission Obligations Secured or
Guaranteed by 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.
2
11. PUBLIC HEARINGS
12. NEW BUSINESS
a. Resolution CC- 08- 20- 12 -01; A Resolution of the Common Council of the City of
Carmel, Indiana, Establishing a Moratorium on the Presentation of Planned Unit
Development Ordinances; Sponsor: Councilor Seidensticker.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
08/30/13 CC: Meeting Agenda
3
COMMON COUNCIL
MEETING MINUTES
MONDAY, AUGUST 20, 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 6:02 p.m.
Councilor Seidensticker pronounced the Invocation.
Mayor Brainard led the'Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Seidensticker made a motion to approve minutes from the August 6, 2012 Regular Meeting.
Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the
vote. Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Matt Modleski (representing SGM, Inc.), Dwight Lile (representing the Constitutional Patriots)
Bob Wallace, all addressed the Council with concerns regarding Ordinance D- 2100 -12 (Carmel
Redevelopment Commission Refinancing).
COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIC'NS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
Councilor Carter and Mayor Brainard informed the Council and citizens that the City of Carmel was rated
the #1 City to live in by CNN Money Magazine.
Councilor Sharp addressed Mr. Modleski and Mr. Lile.
IACTION ON MAYORAL VETOES:
There were none.
1
1
1
1
CLAIMS:
Councilor Snyder made a motion to approve claims in the amount of $2,376,375.41. Councilor
Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote.
Claims were approved 7 -0.
Detail of Wire Transfers for July 2012. Councilor Snyder made a motion to acknowledge wire transfers
in the amount of $2,257,138.06. 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 met and discussed
Ordinance D- 2100 -12 which remains in committee. Councilor Snyder referred to Tom Perkins, Attorney,
Frost Brown Todd LLC, to address the Council.
Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee
had met and discussed Ordinance D- 2097 -12 and Z- 558 -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.
Councilor Rider reported that the Utilities, Transportation and Public Safety Committee had not met.
Council President Sharp and Clerk- Treasurer Diana L. Cordray addressed the Council.
OLD BUSINESS
Council President Sharp announced the Sixth 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. Councilor Rider addressed the Council. Mayor Brainard addressed the Council.
Council President Sharp announced the Sixth 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.
Councilor Snyder addressed the Council.
Council President Sharp announced the Third 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 presented the Land Use, Annexation and Economic Development Committee report to the
Council. This item was referred back to the Council with a favorable recommendation with proposed
amendments. Councilor Seidensticker referred to Steve Hardin, Attorney, Faegre Baker Daniels,
representing the petitioner, to present proposed Ordinance D- 2097 -12 As Amended, VERSION A
2
08.20.12 to the Council for discussion. Councilor Seidensticker made a motion to amend Ordinance
D- 2097 -12 to include the additional commitments offered by the petitioner and substitute VERSION A
08.20.12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called
for the vote. The motion to amend Ordinance D- 2097 -12 was approved 7 -0. Councilor Seidensticker
made a motion to approve Ordinance D- 2097 -12 As Amended. Councilor Finkam seconded. There was
no Council discussion. Council President Sharp called for the vote. Ordinance D- 2097 -12 As
Amended, VERSION A 08.20.12 was adopted 7 -0.
Council President Sharp announced the Fourth 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. Council President Sharp
addressed the Council.
Council President Sharp announced the Second 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. Sent to the Finance,
Administration and Rules Committee. This item was not discussed.
Council President Sharp announced the Fifth 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). 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
favorable recommendation with proposed amendments. Councilor Seidensticker referred to Adrienne
Keeling, Department of Community Services, to present proposed Ordinance Z- 558 -12 As Amended,
VERSION A 08/20/12 to the Council for discussion. There was brief Council discussion. Councilor
Seidensticker made a motion to amend Ordinance Z- 558 -12. Councilor Schleif seconded. There was
brief Council discussion. Councilor Seidensticker and Councilor Schleif rescinded their motions to
amend and second. Mayor Brainard addressed the Council. Clerk Treasurer Diana L. Cordray addressed
the Council. Councilor Seidensticker made a motion to amend Ordinance Z- 558 -12. Councilor Schleif
seconded. There was brief Council discussion. Councilor Schleif made a motion to amend the
amendment; Chapter 6, page 7, line 5, strike 2.4 acres and insert 2.0 acres. Councilor Seidensticker
seconded. There was brief Council discussion. Council President Sharp called for the vote. The motion
to amend the amendment failed 3 -4 (Councilors Finkam, Snyder, Carter and Rider opposed). Councilor
Seidensticker made a motion to amend Ordinance Z- 558 -12, As Amended, VERSION A 08/20/12.
Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the
vote. The motion to amend Ordinance Z- 558 -12, VERSION A 08/20/12 was approved 7 -0. Councilor
Carter made a motion to amend Ordinance Z- 558 -12 As Amended, page 18, line 20 to add; All
commitments must be in writing, in recordable form and made available to all Commissioners prior to a
final vote. Councilor Finkam seconded. There was brief Council discussion. Council President Sharp
called for the vote. The motion to amend Ordinance Z- 558 -12 As Amended, VERSION B 08/20/12 was
approved 7 -0. There was no Council discussion. Council President Sharp called for the vote. Ordinance
Z- 558 -12 As Amended, VERSION B 08/20/12 was adopted 7 -0.
Council President Sharp announced the Second 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`h Street); Sponsors:
3
1
Councilors Rider, Sharp and Snyder. Sent to the Land Use, Annexation and Economic Development
Committee. This item was not discussed.
Council President Sharp announced Resolution CC- 07- 16- 12 -02; A Resolution of the Common Council
of the City of Carmel, Indiana, Approving Redevelopment Commission Obligations Secured or
Guaranteed by Public Funds (Stairway from City Center Drive to the Monon Trail, and City Center
Monon Court Stairway); Sponsor: Councilor Carter. Without objection from the Council, Councilor
Carter withdrew this Resolution from the agenda.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Sharp announced Resolution CC- 08- 20- 12 -01; A Resolution of the Common Council
of the City of Carmel, Indiana, Establishing a Moratorium on the Presentation of Planned Unit
Development Ordinances. Councilor Seidensticker made a motion to move this item into business.
Councilor Snyder seconded. Councilor Seidensticker presented this item to the Council and made a
motion to amend this item by inserting on line 32; after Resolution; other than as provided for by state
statute. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called
for the vote. The motion was approved 7 -0. Councilor Seidensticker made a motion to approve
Resolution CC- 08- 20 -12 -01 As Amended. Councilor Schleif seconded. There was brief Council
discussion. Council President Sharp passed the gavel to Councilor Snyder to address the Council. There
was additional Council discussion. Mayor Brainard addressed the Council. Councilor Snyder called for
the vote. Resolution CC- 08- 20 -12 -01 As Amended was adopted 4 -3 (Councilors Finkam, Carter and
Rider opposed).
Council President Sharp reclaimed the gavel from Councilor Snyder.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
Councilor Snyder reminded the Council and citizens that "Dog Day Afternoon" sponsored by the
Hamilton County Humane Society, would be held on Saturday, August 25th at the Village Green from
3:00 p.m. until 8:00 p.m.
EXECUTION OF DOCUMENT
ADJOURNMENT
Mayor Brainard adjourned the meeting at 7:50 p.m.
4
Respectfully submitted,
ATTEST:
1
Diana L. Cordray, IAMC, Clerk - Treasurer
08/20/12 CC Meeting Minutes
Clerk - Treasurer Diana L. Cordray, IAAMC
Approved,
5
es Brainard, Mayor
Debt Instrument Data Sheet: All types of financial instruments
CARMEL REDEVELOPMENT COMMISSION
A) Description of instrument, including funding source, date,
original purpose (assign an inventory number)
B) Amount of original contract advance or line amt. in USD
C) Original term in months
D) Current APR or cost of funds factor
E) Remaining term in months
F) Original APR or cost of funds factor
G) Acquisition cost of new financial instrument:
1) CPA FIRM
2) Law firm
3) Insurance firm
4) Bond underwriter
5) Bank
6) All others
H) Prepayment penalty in USD
I) Current payoff amount required
J) Current monthly payment amount
K) Current contract balance including time payment differential
L) Proposed term of repayment
M) Proposed APR or cost of funds factor
N) Total payments of proposed "new" contract
0) Increase (decrease) in time payment differential
P) Increase (decrease) in monthly payment