HomeMy WebLinkAbout12-03-2012Office of the
Clerk - Treasurer
City of C rmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, DECEMBER 3, 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. November 19, 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
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
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10. OLD BUSINESS
a. Thirteenth 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 (12/10/12).
b. Third 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. Remains in the Utilities, Transportation and Public Safety Committee
(12/10/12).
c. 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.
d. 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. Sent to the Finance, Administration and Rules Committee
(12/20/12).
e. Third 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.
f. Third 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.
g.
Third 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.
h. Third 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,
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Character Sub -Area to the B -5 /Business District Classification within the Old Town
District Overlay Zone, Character Sub -Area; Sponsor: Councilor Rider.
Third 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.
Second 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.
k. Third 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.
11. PUBLIC HEARINGS
12. NEW BUSINESS
a. Resolution CC- 12- 03- 12 -01; A Resolution of the Common Council of the City of
Carmel, Indiana, To Ratify and Approve the 2013 Scheduled Increase (from $1,526 to
$1,679) in the Carmel Parks and Recreation Impact Fee; Sponsor: Councilor Rider.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
12/03 %12 CC Meeting Agenda
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COMMON COUNCIL
MEETING AGENDA
MONDAY, DECEMBER 3, 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 James Brainard was not in attendance.
Council President Sharp called the meeting to order at 6:00 p.m.
Pastor Sam Howard, the Gathering of Carmel, pronounced the Invocation.
Councilor Seidensticker 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 November 19, 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:
Bill Hammer and Jeff Worrell addressed the Council regarding the Carmel Redevelopment
Commission refinance ($195,000,000).
COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
Councilor Carter addressed the Council regarding the noise at Detour's restaurant located in downtown
Carmel. Councilor Carter also addressed the Council regarding the Carmel Redevelopment Commission.
Council President Sharp addressed the Council and Councilor Carter's remarks regarding the Carmel
Redevelopment Commission.
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ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Seidensticker made a motion to remove the claim for the Booth Tarkington Civic Theatre, on
page 24, in the amount of $190,000. Councilor Schleif seconded. There was brief Council discussion.
Council President Sharp called for the vote. Claims in the new amount (previous amount $2,124,365.37)
of $1,934,365.37 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, December 20, 2012 at 5:30 p.m.
Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee
had met and discussed Ordinance Z- 563 -12, Ordinance Z- 564 -12, Ordinance Z- 565 -12, Ordinance
Z- 566 -12, Ordinance Z- 567 -12 and Ordinance Z- 568 -12 which were forwarded to the Council with a
favorable recommendation. The Committee also discussed Ordinance Z- 569 -12 which was forwarded to
the Council with proposed amendments. 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. The
next meeting will be held on Monday, December 10, 2012 at 5:30 p.m.
Report from the Council Appointee to the Redevelopment Commission. No report was given.
OLD BUSINESS
Council President Sharp announced the Thirteenth 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 (12/10/12). This item was not discussed.
Council President Sharp announced the Third Reading of Ordinance D- 2111 -12; An Ordinance of the
Common Council of the City of Carmel, 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. Remains in the Utilities,
Transportation and Public Safety Committee (12/10/12). This item was not discussed.
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. This item was not discussed.
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Council President Sharp announced Resolution CC- 12- 03 -12 -02 (Formerly 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.
Council President Sharp lifted this item from the Finance, Administration and Rules Committee and
referred to Clerk- Treasurer Diana L. Cordray to address the Council. There was brief Council discussion.
Councilor Snyder made a motion to approve Resolution CC- 12- 03- 12 -02. Councilor Schleif seconded.
There was no Council discussion. Council President Sharp called for the vote.
Resolution CC- 12- 03 -12 -02 was adopted 7 -0.
Council President Sharp announced the Third 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. Councilor Seidensticker presented the Land Use,
Annexation and Economic Development Committee report to the Council and made a motion to approve
Ordinance Z- 563 -12. Councilor Schleif seconded. There was no Council discussion. Council President
Sharp called for the vote. Ordinance Z- 563 -12 was adopted 7 -0.
Council President Sharp announced the Third 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. Councilor Seidensticker presented the Land Use, Annexation and Economic
Development Committee report to the Council and made a motion to approve Ordinance Z- 564 -12.
Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance Z- 564 -12 was adopted 7 -0.
Council President Sharp announced the Third 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. Councilor Seidensticker presented the Land Use, Annexation and Economic
Development Committee report to the Council. Councilor Rider made a motion to approve Ordinance
Z- 565 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp
called for the vote. Ordinance Z- 565 -12 was adopted 7 -0.
Council President Sharp announced the Third 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. Councilor Seidensticker presented the Land Use, Annexation and Economic
Development Committee report to the Council and made a motion to approve Ordinance Z- 566 -12.
Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance Z- 566 -12 was adopted 7 -0.
Council President Sharp announced the Third 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
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Zone, Character Sub -Area. Councilor Seidensticker presented the Land Use, Annexation and Economic
Development Committee report to the Council and made a motion to approve Ordinance Z- 567 -12.
Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the
vote. Ordinance Z- 567 -12 was adopted 7 -0.
Council President Sharp announced the Second 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 presented the Land
Use, Annexation and Economic Development Committee report to the Council and made a motion to
approve Ordinance Z- 568 -12. Councilor Rider seconded. There was no Council discussion. Council
President Sharp called for the vote. Ordinance Z- 568 -12 was adopted 7 -0.
Council President Sharp announced the Third 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. 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 presented Ordinance Z- 569 -12 As Amended VERSION A —
11/27/12 to the Council for discussion. Councilor Seidensticker made a motion to amend Ordinance Z-
569-12 by inserting on page 6, line 272; However, in terms of n codifying any quantitative or dimensional
requirement, such modification may not be greater than ten percent (10 %) in aggregate. Cumulatively,
quantitative or dimensional modifications greater than ten percent (10 %) must be approved by the
Council. Councilor Schleif seconded. Councilor Seidensticker made a motion to amend the amendment
by adding a new Exhibit M to Ordinance Z- 569 -12. Councilor Rider seconded. There was no Council
discussion. Council President Sharp called for the vote. The motion to amend the amendment to
Ordinance Z- 569 -12 was approved 7 -0. Councilor Seidensticker made a motion to amend Ordinance Z-
569-12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called
for the vote. The motion to amend Ordinance Z- 569 -12 was approved. Councilor Seidensticker made a
motion to approve Ordinance Z- 569 -12 As Amended VERSION A — 11/27/12. Councilor Schleif
seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z-
569-12 As Amended was adopted 7 -0.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Sharp announced Resolution CC- 12- 03- 12 -01; A Resolution of the Common Council
of the City of Carmel, Indiana, To Ratify and Approve the 2013 Scheduled Increase (from $1,526 to
$1,679) in the Carmel Parks and Recreation Impact Fee. Councilor Seidensticker made a motion to move
this item into business. Councilor Schleif seconded. There was brief Council discussion. Councilor
Seidensticker referred to Adrienne Keeling, Department of Community Services, to address the Council.
Councilor Seidensticker made a motion to approve Resolution CC- 12- 03- 12 -01. Councilor Schleif
seconded. There was no Council discussion. Council President Sharp called for the vote.
Resolution CC- 12- 03 -12 -01 was adopted 7 -0.
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OTHER BUSINESS
There was none.
ANNOUNCEMENTS
Council President Sharp informed the Council that a Special Meeting would be noticed for Friday,
December 21, 2012 at 8:30 a.m. for claims approval only.
EXECUTION OF DOCUMENT
ADJOURNMENT
Council President Sharp adjourned the meeting at 7:17 p.m.
Respectfully submitted,
ATTEST:
e
Diana L. Cordray, IAMC, Cleil J rasurer
12/03/12 CC Meeting Minutes
Clerk - Treasurer Diana L. Cordray, �1A� I
Approved,
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5
rainard, Mayor
CARMEL REDEVELOPMENT COMMISSION
December 3, 2012
CITY COUNCIL REPORT
(Prepared for David Bowers and Brad Meyer 11/19/12)
CRC Meetings
• Upcoming Meetings:
o Wednesday, December 19, 2012 at 6:30 p.m. — Regular Meeting
Financial Matters:
• The end of month October CRC Non Operating and Operating balance is $525,608
CRC Public /Private Partnerships:
1. City Center — CRC/Pedcor LLC (Parcel #5)
a. Signature has reviewed the bids for building D and will make a determination as to how
to proceed. Site planning and coordination of utilities are 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 are revising the site plan
to move the building east about 18 feet. 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. The Nash Building is on hold until we determine the
location of the building. Utilities will need to be moved and updated if the building is
moved 20 feet east of its original design location. This will place the building directly
on the street with parallel parking along the east front (as opposed to parallel parking
and a separate drive to diagonal parking. This is similar to Pedcor's Phase I project
along City Center Drive). The garage will be publically advertised and bid.
b. The 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 August 16, 2012 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. On November 19, 2012 at the regular City Council
meeting the Nash Building Project Agreement, as amended, was approved by the City
Council.
c. Parcel #5 stair project #2 — Precast will arrive on site November 28, 2012 and erection
will begin. The precast will be fully erected in 2 -3 working days (via crane). The
electrician and mason have 4 -5 days to complete their work. The awning, caulking and
handrails will follow shortly after. The stair project should be complete by the end of
December.
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d. Both sides of the stairs have been poured. The limestone block, that will serve as the
retaining wall and terrace landscape feature, will start to arrive on site and be set in
place directly from City Center Drive.
The Palladium (Parcel #7 -A)
a. 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. We will be shipping the limestone to
Carmel for storage indoors until the landscape package is released. The limestone is
scheduled to arrive in Carmel November 12, 2012 and should take a couple of days to a
week to unload and store.
3. Parcel #7 -C
a. The CRC authorized the Project Agreement and related documents with regard to the
conveyance and development of the Mezz on the Monon and The Mezz on Third with
Anderson Birkla. We are finalizing all of the documents and are working towards a
closing in 45 -60 days.
b. CRC staff is working with the City Engineer on the stone water revision running east
and west along the south property line. Utilities will be updated and buried
underground at the same time.
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 Cannel Clay Parks Department will contribute $50,000
towards the project. CRC staff met with Mark Westermeier of the Parks Department to
determine if he could fund the balance of the job and he informed us that he did not
have the capability at this time.
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. The developer has reviewed and commented on the plan and now Mr.
LittleJohn, the CRC and the Mayor will need to provide their input as to how to move
forward.
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.
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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. City Legal and Engineering are working
to finalize an ordinance package that will come before the City Council for their review
and input. There is no specific timeline at this point.
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 bank's long range
plans for their Main Street property. PNC has yet to answer the Carmel City Legal staff
on the known site contamination issues on the south side of the property.
6. Miscellaneous Projects
a. The Grain Tower — All debris and rubble from the Grain Tower has been removed. At
this time, August Mack is testing soil, water and air samples to detennine if further
abatement needs to occur. At the same time we are working through a work plan to
collect and remove all of the water on site and the balance of the "smaller" debris that is
on site. Casey Bertram has fulfilled their contract and have pulled off of the site.
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