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Home My WebLink About11-19-2012Office of the Clerk - Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, NOVEMBER 19, 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. October 29, 2012 Special Meeting b. November 5, 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. Wire Transfers Month of October 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 CARMEL, INDIANA 46032 317/571 -2414 1 10. OLD BUSINESS a. Twelfth Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Cannel, 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. Eighth 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 to Refinance Certain Obligations ($195,000,000); Sponsors: Councilors Sharp and Snyder. c. Second Reading of Ordinance D- 2111 -12; An Ordinance of the Common Council of the City of Carmel, hldiana, Amending Certain Parking Regulations to Address New Parking Issues ( 8 -29 - One -Way Streets and Alleys; 8 -37 Fifteen- Minute Loading Zones; 8 -47 — No Parking Areas; 8 -48 — Limited Parking Areas; 8 -49 — Thirty Minute Parking; 8 -52 — Four Hour Parking Near Palladium); Sponsor(s): Councilor(s) Carter and Seidensticker. Sent to the Utilities, Transportation and Public Safety Committee. d. Second Reading of Ordinance D- 2112 -12; An Ordinance of the Common Council of the City.of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds (8175,000 — Carmel Administration Department; Worker's Compensation) from the Operating Balance of the General Fund; Sponsor(s): Councilor(s) Snyder, Sharp, Schleif, Rider and Carter. Sent to the Finance, Administration and Rules Committee (11/15/12). e. Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee (11/27/12). f. Second Reading of Ordinance Z- 563 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning Properties in the Old Town Area from the B -1 /Business, B -3 /Business and B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the R- 3/Residence and R -4 /Residence Classifications within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). g. Second Reading of Ordinance Z- 564 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 120 1St Avenue NE (Lot 31, D Wilkinson's Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). 2 h. Second Reading of Ordinance Z- 565 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 32 1St Avenue NE (Lot 32, D Wilkinson's Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). Second Reading of Ordinance Z- 566 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 140 1St Street NE (Lot 7 - South Part, Carey Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). Second Reading of Ordinance Z- 567 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 105 1St Street NE (Lot 9 — West Part, Carey Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). k. Second Reading of Ordinance Z- 569 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Aramore Planned Unit Development District; Sponsor: Councilor Snyder. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). 11. PUBLIC HEARINGS a. First Reading of Ordinance Z- 568 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Hunter/Pullins' Buffering Lot, Purchased from the Aramore PUD, from PUD back to its Original Zoning of S- 2/Residential, which Matches the Current Zoning of the Adjourning Hunter /Pullins' Property; Sponsor: Councilor Rider. 12. NEW BUSINESS a. First Reading of Ordinance D- 2114 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division I, Section 3 -3 (Councilmanic District Boundaries), of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and Snyder. b. First Reading of Ordinance D- 2115 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2 -110 (Rainy Day Fund #912) of the Carmel City Code; Sponsor(s): Councilor(s) Schleif, Seidensticker and Snyder. 3 c. Resolution CC- 11- 19- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing the Investment of Certificates of Deposit and Quotes from Depositories in Accordance with IC 5- 13 -9 -5 and IC 5- 13- 9 -5.3; Sponsor(s): Councilor(s) Schleif, Sharp and Snyder. d. Resolution CC- 11- 19- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Distribution of Certain Monies to be Paid to the City of Cannel by Indiana Department of Transportation; Sponsor(s): Councilor(s) Schleif, Sharp and Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 1 1 /19/12 CC Meeting Agenda 4 1 COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 19, 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 6:13 p.m. Pastor Paul Swartz, King of Glory Church, pronounced the Invocation. Council President Sharp 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 October 29, 2012 Special Meeting. Councilor Snyder 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 November 5, 2012 Regular Meeting. Councilor Snyder 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: The following individuals addressed the Council in favor of Ordinance D- 2100 -12 (CRC Refinancing): Lynn Bereman, Amy McHaffie, Jack Ragland, Stephanie Lewis, Jon Bereman (did not speak he agreed with his wife who spoke earlier), Toin Schinith, Jeff Horwitz (did not speak, his approval was addressed by an earlier speaker), Randy Sorrell, representing the Carmel Chamber of Commerce, Jim McMahan (did not speak, his approval was addressed by an earlier speaker). The following individuals addressed the Council opposed to Ordinance D- 2100 -12 (CRC Refinancing): Jean MacDonald, Alex Aisen, Bob Wallace The following individual addressed the Council with concerns regarding Ordinance D- 2100 -12 (CRC Refinancing): Kiel Kinnanian 1 1 1 COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of $3,413,185.61. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. Wire Transfers Month of October, 2012. Councilor Snyder made a motion to acknowledge wire transfers in the amount of $1,812,524.29. 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 and Ordinance D- 2112 -12. The committee report will be given when the item appears on the Agenda. The next meeting will be held on Thursday, December 20, 2012 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had not met. The next meeting will be held on Tuesday, November 27, 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. The next meeting will be held on Monday, December 10, 2012 at 5:30 p.m. OLD BUSINESS Council President Sharp announced the Twelfth 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 Eighth 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 to Refinance Certain Obligations ($195,000,000). Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council. This item was referred back to the Council with a 3 -0 favorable recommendation with proposed amendments. Councilor Snyder addressed the Council and referred to Bruce Donaldson, Attorney, Barnes & Thornburg, to present Ordinance D- 2100 -12 As amended VERSION A — 11/19/12 to the Council for discussion. Bruce Donaldson referred to Loren Matthes, UMBAUGH, to address the Council. There was brief Council discussion. Councilor Finkam made a 2 motion to amend Ordinance D- 2100 -12 VERSION A — 11/19/12. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to approve Ordinance D- 2100 -12 As Amended VERSION A — 11/19/12, Lease Agreement (draft 11/6/12) and the Revenue Deposit Agreement dated 11/20/12 was approved 7 -0. Council President Sharp stated that amendments were made to the Project Agreement relating to the Nash Project/building and/or parking facility) that would be financed as part of the refinance and referred to Bruce Donaldson to review the changes. The Nash Project Agreement was referenced by Z:\Documents \Shoup, Jenny /City of Carmel Parcels, 2- 5- 7- 4 -11 -12 Remainder PA, Component Docs, and COPs/Parcel 5 — Nash Building — 1st Component /Project Agreement\PROJECT AGREEMENT.9 to 8.wpd, dated 15Nov12. Councilor Snyder made a motion to accept the amendments referenced as stated above by Council President Sharp. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2100 -12 As Amended and its components; Lease Agreement between the City of Carmel Redevelopment Authority Lessor and City of Cannel Redevelopment Commission Lessee, Revenue Deposit Agreement between City of Carmel, Indiana and City of Carmel Redevelopment Commission and the amended Project Agreement (Nash building) was approved 7 -0. There was no Council discussion. Councilor Rider made a motion to approve Ordinance D- 2100 -12 As Amended. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Council President Sharp asked for a withdrawal of the motion plus the withdrawal of the second motion. Councilor Rider withdrew his motion and Councilor Snyder withdrew her second. Councilor Rider made a motion to instruct UMBAUGH to proceed with the refinancing (of the Nash Project) using the compromise structure. Councilor Finkam 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- 2100 -12 As Amended. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to approve Ordinance D- 2100-12 As Amended along with the underlying documents previously approved. There was brief Council discussion. Council President Sharp called for the question. Ordinance D- 2100 -12 As Amended and its supporting documents was adopted 7 -0. Council President Sharp announced the Second Reading of Ordinance D- 2111 -12; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Certain Parking Regulations to Address New Parking Issues ( 8 -29 - One -Way Streets and Alleys; 8 -37 Fifteen- Minute Loading Zones; 8 -47 — No Parking Areas; 8 -48 — Limited Parking Areas; 8 -49 — Thirty Minute Parking; 8 -52 — Four Hour Parking Near Palladium); Sponsor(s): Councilor(s) Carter and Seidensticker. Sent to the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2112 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($1 75, 000 — Carmel Administration Department; Worker's Compensation) from the Operating Balance of the General Fund. 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. Councilor Seidensticker made a motion to approve Ordinance D- 2112 -12. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2112 -12 was adopted 7 -0. Council President Sharp announced Resolution CC- 09- 17- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. 3 Council President Sharp announced the Second Reading of Ordinance Z- 563 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning Properties in the Old Town Area from the B -1 /Business, B -3 /Business and B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the R -3 /Residence and R -4 /Residence Classifications within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance Z- 564 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 120 1st Avenue NE (Lot 31, D Wilkinson's Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance Z- 565 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 32 1st Avenue NE (Lot 32, D Wilkinson's Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance Z- 566 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 140 1st Street NE (Lot 7 - South Part, Carey Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance Z- 567 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 105 1st Street NE (Lot 9 — West Part, Carey Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old town District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance Z- 569 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Aramore Planned Unit Development District; Sponsor: Councilor Snyder. Sent to the Land Use, Annexation and Economic Development Committee (11/27/12). This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the First Reading of Ordinance Z- 568 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning the Hunter/Pullins' Buffering Lot, Purchased from the Aramore PUD, from PUD back to its Original Zoning of S- 2/Residential, which Matches the Current Zoning of the Adjourning Hunter/Pullins' Property. Councilor Seidensticker made a motion to move this item into business. Councilor Rider seconded and presented this item to the Council and referred to Lucy Hunter, petitioner, to address the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 7:27 p.m. Seeing no one who wished to speak, Council 4 President Sharp closed the Public Hearing at 7:27:15 p.m. Council President Sharp referred Ordinance Z- 568 -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- 2114 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division I, Section 3 -3 (Councilmanic District Boundaries), of the Carmel City Code. Councilor Snyder made a motion to move this item into business. Councilor Seidensticker 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 Seidensticker 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 Ordinance D- 2114 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2114 -12 was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance D- 2115 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2 -110 (Rainy Day Fund #912) of the Carmel City Code. Councilor Seidensticker made a motion to move this item into business. Councilor Schleif seconded. Councilor Snyder presented this item to the Council. Councilor Seidensticker made a motion to suspend the rules and not send the item to committee and vote this evening. Councilor Schleif 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 Ordinance D- 2115 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2115 -12 was adopted 7 -0. Council President Sharp announced Resolution CC- 11- 19- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing the Investment of Certificates of Deposit and Quotes from Depositories in Accordance with IC 5- 13 -9 -5 and IC 5- 13- 9 -5.3. 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. Council President Sharp referred Resolution CC- 11- 19 -12 -01 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced Resolution CC- 11- 19- 12 -02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding Distribution of Certain Monies to be Paid to the City of Carmel by Indiana Department of Transportation. 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- 11- 19- 12 -02. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Resolution CC- 11- 19 -12 -02 was adopted 7 -0. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. 5 EXECUTION OF DOCUMENT ADJOURNMENT Council President Sharp adjourned the meeting at 7:40 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk -Tre s rer 11/19/12 CC Meeting Minutes Clerk - Treasurer Diana L. Cordray, IAMC Approved, Jynes Brainard, Mayor 6 Debt (1,000 °s) fm Public Records 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Total Debt-Population (1996, 2005, 2007, 2012, 2013) .7; , _ • e •, • • 38172 • 's.. • • • • MetrAlLitiNWMIN3OWLiti. IZTNM ••• 4k; 61970 65087 81564 People (US Census Bureau) 82000 ni 30 e) C„, 17-`( 00U AJCIL /14T 6-- 11)("112--