HomeMy WebLinkAbout09-04-2012 SpecialOffice of the
Clerk- Treasurer
City of C rmel
COMMON COUNCIL
SPECIAL MEETING AGENDA
TUESDAY, SEPTEMBER 4, 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 20, 2012 Regular Meeting
b. August 28, 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
Resolution CC- 08- 20 -12 -01 As Amended; 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. ADOPTED 4 -3 ON AUGUST
20, 2012 (COUNCILORS CARTER, FINKAM AND RIDER OPPOSED).
8. CLAIMS
a. Payroll
b. General Claims
c. Retirement
ONE CIVIC SQUARE CARMEL, INDIANA 46032 31 7/571 -2414
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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
10. OLD BUSINESS
a. Seventh 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. Seventh 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. Fifth 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.
d. Third 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. Remains in the
Finance, Administration and Rules Committee.
e. Third 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 136th Street);
Sponsors: Councilors Rider, Sharp and Snyder. Remains in the Land Use, Annexation
and Economic Development Committee.
11. PUBLIC HEARINGS
12. NEW BUSINESS
a. First Reading of Ordinance D- 2106 -12; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adopting a Policy Regarding Nepotism and contracting with the
City to be Codified in City Code chapter 2, Article 5, Sections 2 -185.5 (City Policy
Regarding Nepotism) and 2 -185.6 (City Policy Regarding Contracting with the City by
Relatives of Elected Officials); Sponsor: Councilor Sharp.
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b. Resolution CC- 09- 04- 12 -01; A Resolution of the Common Council of the City of
Carmel, Indiana, Finding MD Sleep LLC, d/b /a Dormir, Inc., is in Substantial Non -
Compliance with its Form SB -1 Commitments and Disallowing its Personal Property Tax
Abatement; Sponsor: Councilor Snyder
c. Resolution CC- 09- 04- 12 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Finding Pharmakon Long Term Care Pharmacy, Inc., is in Substantial
Non - Compliance with its Form SB -1 Commitments and Disallowing its Personal Property
Tax Abatement for Calendar Year 2013; Sponsor: Councilor Snyder.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
09/04/12 CC Special Meeting Agenda
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COMMON COUNCIL
SPECIAL MEETING MINUTES
TUESDAY, SEPTEMBER 4, 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.
Father Sam Futral, St. Elizabeth Seton Church, 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 20, 2012 Regular Meeting.
Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the
vote. Minutes were approved 7 -0.
Councilor Finkam made a motion to approve minutes from the August 28, 2012 Special Meeting.
Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the
vote. Minutes were approved 6 -0 (Councilor Sharp abstained).
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Bob Wallace addressed the Council regarding the Cannel Redevelopment Commission
refinancing.
COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
Councilor Finkam addressed the Council regarding the recent "Artomobilia" that was held in Carmel on
Saturday, August 25, 2012.
Councilor Sharp questioned Mayor Brainard regarding Clay Township not cooperating with the City in
funding the Parks Department.
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ACTION ON MAYORAL VETOES:
Resolution CC- 08- 20 -12 -01 As Amended; 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. ADOPTED 4 -3 ON AUGUST 20, 2012 (COUNCILORS CARTER,
FINKAM AND RIDER OPPOSED). A memo from Mayor Brainard was delivered to all Council
Members and the Clerk- Treasurer with an explanation for his veto of this Ordinance. Council President
Sharp read the memo into the record. There was no Council discussion. The Veto was sustained due to
the lack of a motion. Council President Sharp addressed the Council.
CLAIMS:
Councilor Snyder made a motion to approve claims in the amount of $3,196,439.14. Councilor Schleif
seconded. There was no Council discussion. Claims were approved 7 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had met. The purpose
of the meeting was to clarify what documents have and have not been provided to the Council regarding
the CRC refinance. Councilor Snyder informed the Council that a Special meeting has been noticed for
Thursday, September 13, 2012 at 5:00 p.m. and the regular meeting will be held on Thursday, September
20, 2012 at 5:30 p.m.
Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee
had met and discussed Z- 559 -12 which will remain in committee. The next meeting will be held on
Tuesday, September 11, 2012 at 5:30 p.m.
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.
Report from the Council Appointee to the Redevelopment Commission. No report was given.
OLD BUSINESS
Council President Sharp announced the Seventh 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.
Council President Sharp announced the Seventh 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.
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Council President Sharp announced the Fifth 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 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. Remains in the Finance,
Administration and Rules Committee. This item was not discussed.
Council President Sharp announced the Third 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. Remains in the Land Use, Annexation and Economic Development
Committee. This item was not discussed.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Sharp announced the First Reading of Ordinance D- 2106 -12; An Ordinance of the
Common Council of the City of Carmel, Indiana, Adopting a Policy Regarding Nepotism and Contracting
with the City to be Codified in City Code Chapter 2, Article 5, Sections 2 -185.5 (City Policy Regarding
Nepotism) and 2 -185.6 (City Policy Regarding Contracting with the City by Relatives of Elected
Officials). Councilor Seidensticker made a motion to move this item into business. Councilor Schleif
seconded. Council President Sharp passed the gavel to Councilor Finkam to present this item to the
Council. There was no Council discussion. Councilor Finkam referred Ordinance D- 2106 -12 to the
Finance, Administration and Rules Committee for further review and consideration.
Council President Sharp reclaimed the gavel from Councilor Finkam.
Council President Sharp announced Resolution CC- 09- 04- 12 -01; A Resolution of the Common Council
of the City of Carmel, Indiana, Finding MD Sleep LLC, d/b /a Dormir, Inc., is in Substantial Non -
Compliance with its Form SB -1 Commitments and Disallowing its Personal Property Tax Abatement.
Councilor Seidensticker made a motion to move this item into business. Councilor Schleif seconded.
Councilor Snyder presented this item to the Council. There was no Council discussion. Councilor
Seidensticker made a motion to approve Resolution CC- 09- 04- 12 -01. Councilor Carter seconded. There
was no Council discussion. Council President Sharp called for the vote. Resolution CC- 09- 04 -12 -01
was adopted 7 -0.
Council President Sharp announced Resolution CC- 09- 04- 12 -02; A Resolution of the Common Council
of the City of Carmel, Indiana, Finding Pharmakon Long Term Care Pharmacy, Inc., is in Substantial
Non - Compliance with its Form SB -1 Commitments and Disallowing its Personal Property Tax
Abatement for Calendar Year 2013. Councilor Seidensticker made a motion to move this item into
business. Councilor Schleif seconded. Councilor Snyder presented this item to the Council. There was
no Council discussion. Councilor Rider made a motion to approve Resolution CC- 09- 04- 12 -02.
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Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the
vote. Resolution CC- 09- 04 -12 -02 was adopted 7 -0.
OTHER BUSINESS
There was none.
ANNOUNCEMENTS
There were none.
EXECUTION OF DOCUMENT
ADJOURNMENT
Mayor Brainard adjourned the meeting at 6:27 p.m.
Respectfully submitted,
ATTEST:
Diana L. Cordray, IAMC, Clerk -Tr
09/04/12 CC Special Meeting Minutes
•. frer
Clerk- Treasurer Diana L. Cordray
Approved,
Ames Brainard, Mayor
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CARMEL REDEVELOPMENT COMMISSION
September 4, 2012
CITY COUNCIL REPORT
(Prepared for David Bowers and Brad Meyer 8 /27/12)
CRC Meetings
• Upcoming Meetings:
o Wednesday, September 19, 2012 at 6:30 p.m. — Regular Meeting
o Wednesday, September 26, 2012 at 5:30 p.m. — Special Meeting
Financial Matters:
• The end of month July CRC Non Operating and Operating balance is $255,679
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. The
Mayor has directed that Pedcor Management handle all aspects of the display box use
and keep the CRC out of any management.
b. Signature has reviewed 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. CSO Engineers is revising the site plan to move
the building east about 18'. This will allow an additional row of parking on the west
side of the building. The diagonal parking on the east side will be removed leaving
street parallel parking.
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. The City Council President, Mr. Rick Sharp, informed Mr. Olds after the
8/16/12 City Council Finance Committee meeting that the City Council would not be
reviewing any other debt instruments related to projects, until the bond issue has been
resolved. Therefore, the Phase II Nash Building financial structure needed to be
included in the CRC debt refinance structure that the City Council is reviewing and
commenting on.
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. The City
Council has passed this along to the finance committee. The finance committee will be
reviewing and discussing this package at their 8/16/12 meeting. Contracts are being
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prepared and sent for execution. This direction to start the construction of the Parcel #5
stair project #2 came from the City Council and the CRC. Stair Project #1, the
Limestone Stairs" is being value engineered.
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. Direction from the CRC and
the City Council will determine the path forward.
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.
c. CRC staff is working with the City Engineer on the stone water revision running east
and west along the south property line.
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. David LittleJohn and the
Department of Community Services worked in conjunction with the CRC to put
together a plan. This plan has been emailed to the developer and we are awaiting their
response. We expect to have this issue resolved by the end of September.
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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. No update at this time.
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. PNC Bank Site (Parcel #51)
a. The Mayor has met with PNC's President for Indiana to discuss the banks long range
plans for their Main Street property. PNC has yet to answer the Cannel City Legal staff
on the know site contamination issues on the south side of the property.
6. 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.
c. August Mack has taken two different samples of the rubble at the grain tower. These
samples will help determine what landfills the different materials will need to be
disposed at. Once this occurs, the CRC will be able to understand the different cost
ramifications. We just received word from the laboratory that the impending Tropical
Storm /hurricane Isaac caused the testing center to close their office indefinitely. At this
time, it is unclear as to when we will receive the results. As soon as they become
available, pricing will be acquired and work will resume on the site.
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