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06-03-2013 tiMArk City of C ,o ,,� Office of the Clerk-Treasurer COMMON COUNCIL M I- ETING AGENDA MONDAY, JUNE 3, 2013 - 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. May 20, 2013 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 CARMEL1 INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Third Reading of Ordinance D-2135-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Carmel City Code Chapter 6, Article 4, Section 6-50 (Barbed Wire and Electric Fences Prohibited); Sponsor: Councilor Sharp. Tabled b. Third Reading of Ordinance D-2137-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Restating Certain City Code Sections Relating to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40 Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of Vehicles in Roadways with Bicycle Lanes; 8-46 General Parking Restrictions); Sponsor: Councilor Carter. Remains in the Parks,Recreation and Arts Committee (6/4/13). 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 (5/28/13). d. Resolution CC-04-15-13-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement between the Hamilton County Drainage Board and the City of Carmel Regarding Construction of Drainage Improvements within Crooked Stick Estates, Section 4; Sponsor: Councilor Sharp. Remains in the Utilities, Transportation and Public Safety Committee (6/10/13). e. Resolution CC-04-15-13-02; A Resolution of the Common Council of the City of Carmel, Indiana, Disbursing Arts Fund Monies ($707,756); Sponsor: Councilor Sharp. Tabled. f. Resolution CC-06-03-13-01 (Formerly CC-04-15-13-06); A Resolution of the Common Council of the City of Carmel, Indiana, Granting Approval to Submit An Application Under the Industrial Recovery Tax Credit Statute; Sponsor: Councilor Rider. g. Third Reading of Ordinance Z-574-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Procedures and Development Requirements for Planned Unit Developments (PUD's); Sponsor: Councilor Rider. Remains in the Land Use,Annexation and Economic Development Committee (5/28/13). 11. PUBLIC HEARINGS 12. NEW BUSINESS 13. OTHER BUSINESS a. City Council Appointment 1. Cannel-Clay Public Library Board (Term expires 06/30/17, four year term); One appointment. 2 b. Property Abatements/Compliance with Statement of Benefits—Deadline was May 15, 2013: 1. Allegient,LLC—Compliant 2. Allete Automotive Services—Compliant 3. Baldwin&Lyons, Inc. (NEW —CF-I not required) 4. Belden, Inc. - Compliant 5. Capital Bank and Trust Co. —Compliant 6. Dealer Services Corporation—Compliant 7. Flywheel Healthcare, LLC— Compliant 8. GEMMS, Inc. - Compliant 9. KAR Auction Services, Inc. —Non Compliant (CF-i Received late) 10. Meridian Medical Partners, LLC—Compliant 11. Midwest Independent Transmission System Operator(MISO) —Non-Compliant (CF-1 Received late) 12. The Capital Group Companies - Compliant 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 06;4.13 CC Mcetin€Agenda 3 COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 3, 2013 - 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, Luci Snyder, Kevin D. Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Councilor Carter was not in attendance. Mayor Brainard called the meeting to order at 6:02 p.m. Councilor Rider pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Snyder made a motion to approve minutes from the May 20, 2013 Regular Meeting, Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Bob Wallace, addressed the Council regarding the Carmel Redevelopment Commission report. Matthew Douglas, addressed the Council regarding concerns with Ordinance D-2137-13 (Bicycle Use Within the City's Corporate Limits). Melissa Eldridge, Susan Martin-Gibbons, addressed the Council with concerns regarding a new road being discussed at the Commons City Center area. Tim Monger, President of the Hamilton County Alliance, attended the meeting to introduce himself to the Council. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. 1 Councilor Finkam addressed the Council regarding an upcoming Chamber Luncheon on Wednesday, June 20, 2013 featuring speaker Jeff Speck. Councilor Sharp addressed Melissa Eldridge and Susan Martin-Gibbons concerns. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of$1,194,983.13. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Thursday, June 20, 2013 at 5:30 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had met. The Committee report will be given when the item appears on the agenda. Council President Sharp reported that the Parks, Recreation and Arts Committee had not met. The next meeting will be held on Tuesday, June 4, 2013 at 6:00 p.m. in the Council Chamber. Councilor Finkam reported that the Utilities, Transportation and Public Safety Committee had not met. Report from the Council Appointee to the Redevelopment Commission. There was no one available to present the report. This item will be placed on the June 17, 2013 Council Agenda. OLD BUSINESS Council President Sharp announced the Third Reading of Ordinance D-2135-13 As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Carmel City Code Chapter 6, Article 4, Section 6-50 (Barbed Wire and Electric Fences Prohibited). Without objection from the Council, Council President Sharp lifted this item from the Table and referred to Assistant City Attorney, Ashley Ulbricht, to address the Council. There was brief Council discussion. Councilor Seidensticker made a motion to approve Ordinance D-2135-13 As Amended. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D-2135-13 As Amended was adopted 6-0. Council President Sharp announced the Third Reading of Ordinance D-2137-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending and Restating Certain City Code Sections Relating to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40 Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of Vehicles in Roadways with Bicycle Lanes; 8-46 General Parking Restrictions); Sponsor: Councilor Carter. Remains in the Parks, Recreation and Arts Committee (6/4/13). This item was not discussed. 2 Council President Sharp announced Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Cannel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee (6/25/13). This item was not discussed. Council President Sharp announced Resolution CC-04-15-13-01; A Resolution of the Common Council of the City of Cannel, Indiana, Approving and Adopting Interlocal Agreement between the Hamilton County Drainage Board and the City of Carmel Regarding Construction of Drainage Improvements within Crooked Stick Estates, Section 4. Council President Sharp passed the gavel to Councilor Seidensticker to address the Council. Without objection from the Council, this item was WITHDRAWN. There was brief Council discussion. Council President Sharp reclaimed the gavel from Councilor Seidensticker. Council President Sharp announced Resolution CC-04-15-13-02; A Resolution of the Common Council of the City of Cannel, Indiana, Disbursing Arts Fund Monies ($707,756); Sponsor: Councilor Sharp. Tabled. This item was not discussed. Council President Sharp announced Resolution CC-06-03-13-01 (Formerly CC-04-15-13-06); A Resolution of the Common Council of the City of Cannel, Indiana, Granting Approval to Submit An Application Under the Industrial Recovery Tax Credit Statute. 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 Seidensticker made a motion to call for the question. Councilor Snyder seconded. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Sharp called for the question. Resolution CC-06-03-13-01 FAILED 2-4 (Councilors Schleif, Seidensticker, Sharp and Snyder opposed). Council President Sharp addressed the Council. Council President sharp announced the Third Reading of Ordinance Z-574-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending the Procedures and Development Requirements for Planned Unit Developments (PUD's); Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee (6/25/13). This item was not discussed. PUBLIC HEARINGS There were none. NEW BUSINESS ADD-ON Councilor Rider made a motion Add-On to the Agenda Ordinance Z-572-13 As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning 30 Acres to PUD/Planned Unit Development from 5-1/Residence located at 2424 W. 131St Street (Hadley Grove); Sponsor: Councilor Rider—Adopted April 15, 2012 by a vote of 7-0. The Plan Commission on May 29, 2013, voted 9 in favor and 0 opposed to forward Ordinance Z-572-13 As Amended to the Council with a DISAPPROVAL of the amendments adopted by the Council. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to Add-On Ordinance Z-572-13 As Amended to the Agenda was approved 6-0. 3 OTHER BUSINESS Ordinance Z-572-13 As Amended. Councilor Rider made a motion to introduce this item to the Council. Councilor Schleif seconded. Councilor Rider referred to John Molitor, Attorney, Carmel Plan Commission, to address the Council. There was brief Council discussion. Councilor Rider made a motion to suspend the rules and not send this item to committee. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 6-0. There was brief Council discussion. Councilor Rider made a motion to amend Ordinance Z-572-13 As Amended by incorporating the proposed amendments suggested by the Carmel Plan Commission. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance Z-572-13 As Amended was approved 6-0. Councilor Rider made a motion to approve Ordinance Z-572-13 As Amended (identified by the date stamp 2013 May 30 P 2:47). Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z-572-13 As Amended was adopted 6-0. a. City Council Appointment 1. Carmel-Clay Public Library Board (Term expires 06/30/17, four year term); One appointment. There were no nominations. This item will be placed on the June 17, 2013 Council Agenda. b. Property Abatements/Compliance with Statement of Benefits—Deadline was May 15, 2013: 1. Allegient, LLC—Compliant 2. Allete Automotive Services—Compliant 3. Baldwin & Lyons, Inc. (NEW— CF-1 not required) 4. Belden, Inc. - Compliant 5. Capital Bank and Trust Co. —Compliant 6. Dealer Services Corporation—Compliant 7. Flywheel Healthcare, LLC—Compliant 8. GEMMS, Inc. - Compliant 9. KAR Auction Services, Inc. —Non Compliant (CF-1 Received late) 10. Meridian Medical Partners, LLC— Compliant 11. Midwest Independent Transmission System Operator (MISO) —Non-Compliant (CF-1 Received late) 12. The Capital Group Companies - Compliant Council President Sharp read the list. Councilor Snyder addressed the Council and informed the Council that the two companies that were non-compliant would be contacted and invited to attend the Finance, Administration and Rules Committee that will meet on Thursday, June 20, 2013 at 5:30 p.m. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT 4 ADJOURNMENT Mayor Brainard adjourned the meeting at 7:15 p.m. Respectfully submitted, i/ /• ,/ Clerk-Treasurer Diana L. Core f.y, IAMC Approved, r mes Brainard, Mayor ATTEST: I /a-Aic.)-- /91 efft-ge_ay Diana L. Cordray, IAMC, Clerk-Treasurer I 06i413 CC Meeting Agenda 5 CARMEL REDEVELOPMENT COMMISSION June 3, 2013 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 5/23/13) CRC Meetings • Upcoming Meetings: o Wednesday, June 19, 2013 at 6:30 p.m.—Regular Meeting Financial Matters: • The end of month April CRC Non Operating and Operating balance is $2,219,984 • Original files are still being sent to the Clerk Treasurer's office. A delivery was made on 4/26/13. CRC Public/Private Partnerships: 1. City Center(Parcel#2) a. Pedcor Development is preparing design concepts for a project that will be located on the west side of 3rd Ave, directly across from the Anderson/Birkla project. The architectural concepts will be submitted to the City and the CRC. 2. City Center—CRC/Pedcor LLC (Parcel #5) NASH BUILDING a. Signature Construction, Pedcor Design Group, Carmel Engineering and Cannel Utilities all met and reviewed the drawings and agreed that everything is in order for bidding. The Nash Building utility work being handled through City Engineering Department is moving along. They had a pre-construction meeting on site to discuss the project and this work should start Monday, May 20, 2013 and take approximately 4 weeks to complete. Garage bids were received and opened at the March 20, 2013 CRC public meeting. The CRC approved the awarding of Contracts at the CRC's regularly 'scheduled April meeting and contracts should be executed by the CRC on 5/23/13 public meeting. From there, the contracts will be turned over to City Legal to get in front of the Board of Public works. 3. 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. The limestone is being stored at the warehouse located at 457 3rd Avenue SW, a building owned by the CRC. Project on hold due to the redirection of funds for other City projects. 4. Parcel#7-C a. Anderson Birkla ("AB") has closed. Construction planning will occur over the next couple of weeks. AB will order steel which has a 45-60 day lead time. This time should allow us to get all of the details worked out with our development partner. 1 b. CRD staff is working with the City Engineer on the storm water revision running east and west along the south property line. Utilities will be updated and buried underground at the same time. Developing a plan to protect the Monon trail during construction of the project. Reviewing with the City and Parks Dept. 5. 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. CRD staff met with Mark Westenneier 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. Currently the work is on hold until the CRC identifies where the balance of the costs are to be funded. b. The CRD 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. c. Bike Parking is being reviewed and discussed by the CRD 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. DOCS is going to implement a bike parking plan in the coming months. 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 CRD 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 City and Developer have finalized the Parking Management Agreement that outlines the sharing of costs, operation of the garage and public restrooms. 6. 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 responded to the Carmel City Legal staff on the known site contamination issues on the south side of the property and future development of the site. 7. Miscellaneous Projects a. The Grain Tower—This job is closed with IDEM and meets all of their criteria. The Street Department will move the barricades closer to the Grain Tower, move the barricades away from the Monon Trail (and closer to the grain tower) to close off the 2 actual grain tower but open the site up. We are working to create easier car traffic access to Doggy Day Care and to help clean the area up aesthetically. b. Reflecting Pool —the CRC is working with Engineers to put together a bid package to replace all of the coping around the pool edges. This is per the Mayor's direction. We will specify granite as the base bid for the coping material and receive a couple of different options for coping materials. Public advertisements will be sent to the newspaper and should run approximately June 27, 2013 and July 4, 2013. It is anticipated that the CRC will be able to receive bids at the July 1 7, 2013 public meeting. The CRC has been working with the Street Department and Utility Department in order to have all of the necessary groups involved in the fix and long term viability of the pool. c. Chaos—The CRC has entered into an Agreement with Robert Merrill to exchange 37 West Main Street for the Parking lot located directly west of Current in Carmel's office on Range Line Road. The CRC has been working to redevelop the parking lot located at the SW corner of Main Street and Range Line Road and this is one of the lots that the CRC doesn't control. 3