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5.16.22 CC Meeting Minutes1 COMMON COUNCIL MEETING MINUTES MONDAY, MAY 16, 2022 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER Council President Kevin D. Rider; Council Members: Laura Campbell, Sue Finkam, Adam Aasen, Anthony Green, Timothy Hannon, Miles Nelson, Jeff Worrell and Deputy Clerk Holly Harmeyer were present. Councilor H. Bruce Kimball were not present. Council President Rider called the meeting to order at 6:00 p.m. AGENDA APPROVAL The agenda was approved unanimously. INVOCATION Pastor Greg Strand, Mercy Road Church, delivered the Invocation Councilor Green led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Carmel Fire Chief David Haboush and the City Council recognized Vera Uber and her parents, Matt and Erin, and emphasized the importance of Automated External Defibrillator’s (AED) being widely available in the community for sudden cardiac arrest events as well as training for AED’s and hands only CPR. Councilor Worrell announced that four safety stations are going to be installed throughout the City of Carmel. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL Virginia Kerr, an elected Precinct Committeeperson, spoke in favor of Resolution CC-05-16-22-01. She stated that her heart went out to Councilor Kimball, but this situation is not personal. We have a system in place for government to continue. Kelly Baskett spoke in opposition to Ordinance D-2622-22. She stated that as the design stands now with allowable height of 70 feet, this project is contrary to the Carmel UDO. She is not opposed to the project but would like to see modifications made. 6 stories next to their neighborhood is wrong. DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 2 Dave Gagliano stated that the funding for Ordinance D-2622-22 is good and he is in favor of the developer TIF, but he feels the project itself needs more work. He is opposed to putting a building of this height in this area and breaking up a neighborhood. Barry Good spoke in opposition to Ordinance D-2622-22. He stated that even though they have had help from At-Large Councilors, they don’t currently have direct representation for a project that could be the second tallest structure in Carmel. This sets a future precedent for taller buildings and more encroachment on residents. Charlie Demler stated that it was his backyard that would be affected most by Ordinance D-2622-22. Mr. Demler stated that a 6-story building is not necessary that close to residential and he is also opposed to splitting the lot they have purchased for a 2-story residential building right up against his property. He also stated that he is in favor Resolution CC-05-16-22-01 as Councilor Kimball has 1.5 years remaining on his term and his duties aren’t being fulfilled. Alison Brown stated that she is opposed passing Ordinance D-2622-22 especially while the Johnson Addition neighborhood doesn’t have direct representation. We are squeezing out older neighborhoods with the continued commercial development. Cindy Babcock stated that Ordinance D-2622-22 does not meet current UDO requirements. This project will be taller than any other residential mixed-use project in Carmel other than City Center which is not surrounded by a neighborhood of single-family homes. Replace ground floor commercial that is likely to stay vacant for months or years with apartments and lower the height. There are a lot of empty commercial spaces in Carmel. Wes Bucher applauded the vibrant city we now enjoy. Carmel’s bottom line is more important than the corporate bottom line. Supportive of TIF dollars being used for structures that are for the public use, but not for raising a structure to 6-stories which does not conform with city zoning. He stated he would like to see Ordinance D-2622-22 put on pause. Julie Gearing stated she has concerns not having a Councilor right now while Ordinance D-2622-22 is being considered. Bradley Carrico spoke in favor of Resolution CC-05-16-22-01 as a resident of the Central District. He wished Councilor Kimball a speedy recovery, but the Central District has gone without direct representation for 18 months. Sue Maki spoke in favor of Resolution CC-05-16-22-01 as a resident of the Central District. Nothing takes the place of a direct representative to deal with the issues at hand. Steve Ring acknowledged and thanked Bruce for his service to the community. As a resident of the Central District he has not felt a lack of representation on the City Council and he appreciates that he can bring a question to any member on the Council. He thanked Councilor Worrell for working on the parking issue around the high school. Judy Hagan asked that Council ensure that Park Impact Fees generated by the 4 TIF projects on the agenda are properly headed toward the Parks Department. One suggestion would be a new dog park to DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 3 deal with the waitlist at the current one. Park Impact Fees run out when new residential construction stops which is why it is important to make sure these fees go toward their intended use now. Robert Williams spoke in favor of Resolution CC-05-16-22-01. It’s been 18 months that Councilor Kimball’s seat has been vacant. The Central District needs significant and personal representation. Thaddeus Rex stated that Councilor Kimball was a good friend and loved seeing him at everything. Mr. Rex thought it would be a good idea to replace Councilor Kimball in the beginning, but after doing research he said the process to replace him is confusing. With less than a year until the election, it makes since to let the voters decide. Denise Moe, an elected precinct committeeperson, stated that she is opposed to Resolution CC-05-16-22- 01. She said residents feel they are currently getting good representation from At-Large Councilors. We need to show compassion to Councilor Kimball. There are 12 precincts in the Central district and 3 are vacant. Out of the 9 votes, only 4 people are elected and live in the district. People she has spoken to would feel more comfortable to wait for the election next year instead of using the caucus process to replace Councilor Kimball. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS Councilor Nelson recognized all the different Carmel High School groups that helped him distribute over 12,000 trees in Carmel. Councilor Hannon thanked all of the residents for coming out and letting their opinions be heard. Councilor Finkam thanked Matt, Erin and Vera Uber for sharing their story. Councilor Rider thanked Carmel public safety officials for being proactive and not reactive. CONSENT AGENDA Councilor Nelson moved to approve the consent agenda. Councilor Worrell seconded. There was no Council discussion. Council President Rider called for the vote. The motion was approved 8-0. a. Approval of Minutes 1. April 18, 2022 Regular Meeting 2. May 4, 2022 Special Meeting b. Claims 1. General Claims $1,447,761.17 2. Payroll $3,159,956.07 3. Wire Transfers $9,187,850.50 ACTION ON MAYORAL VETOES There were none. DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 4 COMMITTEE REPORTS Councilor Worrell reported that the Finance, Utilities and Rules Committee had met 3 times. All items are coming back to Council except the Audit Committee. Councilor Worrell stated he would report on the items coming back as they appear on the agenda. Councilor Campbell reported that the Land Use and Special Studies Committee had not met but meetings have been scheduled for June 13, July 11 and August 8. OTHER REPORTS – (at the first meeting of the month specified below): Winston Long provided a bi-annual report on the Carmel Cable and Telecommunications Commission. He stated that after research over the past 6 months, he doesn’t feel we need to worry too much about the health effects of 5G technology. Michael Klitzing, Director of Carmel Clay Parks & Recreation, provided the quarterly report for the Parks Department OLD BUSINESS Council President Rider announced the Ninth Reading of Ordinance Z-670-21; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the WestClay Village Planned Unit Development District Ordinance. Item remains in the Land Use and Special Studies Committee. Without objection, Councilor Rider removed the item from committee. Councilor Campbell moved to approve Ordinance Z-670-21. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance Z-670-21 was approved 7-0 (Finkam absent). Council President Rider announced Resolution CC-04-18-22-01: A Resolution of the Common Council of the City of Carmel, Indiana, Adopting the Carmel Comprehensive Plan; Sponsor: Councilor Rider. Item remains in the Land Use and Special Studies Committee. Council President Rider announced the Second Reading of Ordinance D-2622-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Redevelopment of a Former AT&T Site, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Worrell reported that the item is returning from the Finance, Utilities and Rules Committee with a positive recommendation on a 3-1 vote. Janell Fairman, Deputy Director of the Carmel Redevelopment Commission, presented to Council. Rick Hahn, Buckingham Companies, presented highlights on the proposed sight plan. Mike Hollibaugh, Director of the Department of Community Services, answered questions about allowable height for the development. There was extensive Council discussion. Councilor Worrell moved to approve Ordinance D-2622-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2622-22 was approved 6-2 (Green and Hannon opposed). Council President Rider announced the Second Reading of Ordinance D-2623-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the ERS Old Meridian and Main Project, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Worrell reported that the item is returning from the Finance, Utilities and Rules Committee with a positive recommendation on a 4-0 vote. Janell Fairman DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 5 presented to Council. Steve Hardin, Faegre Drinker, addressed Council. Councilor Finkam moved to approve Ordinance D-2623-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2623-22 was approved 8-0. Council President Rider announced the Second Reading of Ordinance D-2624-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Concourse Project, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Worrell reported that the item is returning from the Finance, Utilities and Rules Committee with a positive recommendation on a 4-0 vote. Janell Fairman presented to Council. Abby Frantz, Village Capital Corporation, presented highlights of the project to Council. Councilors Hannon and Aasen spoke in favor of the workforce housing element of the project. Councilor Nelson moved to approve Ordinance D-2624-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2624-22 was approved 8-0. Council President Rider announced the Second Reading of Ordinance D-2625-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Old Meridian Apartments Project, and Authorizing and Approving Other Actions in Respect Thereto. Councilor Worrell reported that the item is returning from the Finance, Utilities and Rules Committee with a positive recommendation on a 4-0 vote. Janell Fairman presented to Council. Councilor Finkam moved to approve Ordinance D-2625-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D- 2625-22 was approved 8-0. Council President Rider announced Resolution CC-04-18-22-07: A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Meridian Economic Development Area (Old Meridian Apartments Allocation Area). Councilor Worrell reported that the item is returning from the Finance, Utilities and Rules Committee with a positive recommendation on a 4-0 vote. Councilor Nelson moved to approve Resolution CC-04-18-22-07. Councilor Worrell seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-04-18-22-07 was approved 8-0. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Rider announced the First Reading of Ordinance D-2627-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Sections 8-20. Councilor Finkam moved to introduce the item into business. Councilor Campbell seconded. Councilor Finkam presented the item to Council. Councilor Finkam moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. The motion was approved 7-0 (Worrell absent). Councilor Finkam moved to approve Ordinance D-2627-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2627-22 was approved 8-0. DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 6 Council President Rider announced Resolution CC-05-16-22-01: A Resolution of the Common Council of the City of Carmel, Indiana, Initiating the Process of Declaring the Seat of a member of the Carmel Common Council Vacant. Councilor Finkam moved to introduce the item into business. Councilor Campbell seconded. Councilor Finkam presented the item to Council. Councilor Finkam stated that passing this resolution initiates the process of gathering more information, it does not automatically vacate the seat. Councilor Campbell stated as former Hamilton County GOP chair, she has complete faith in the process and the party has used this process multiple times. Additionally, Councilor Campbell stated she wanted to clear up misinformation that was given during the blue card section and explained that there are 9 precincts in the Central District and they all currently have precinct committeemen representing them (8 of the 9 live in the district). Councilor Hannon stated that the Central District needs direct, accountable representation. Councilor Hannon noted that if Councilor Kimball was physically able to be performing his duties, he absolutely would be. Councilor Nelson stated that many people reached out to him about the need for direct representation in the Central District, but those individuals were split on whether that seat should be filled in an election or through the caucus process. Councilor Nelson also noted that Councilor Kimball, who is on the City’s insurance, cannot afford to pay out-of-pocket or have a break in care for his recovery. Councilor Worrell explained that he has serious concerns with Council overriding the will of the voters this close to an election. Councilor Green, as someone who first came to office via a caucus, stated that we need to trust the caucus process that is codified in Indiana Code as well as the process that City Council passed to vacate a Council seat. Councilor Finkam noted that if Councilor Kimball were a city employee and not on City Council, he would have been asked to file for long-term disability at 6 months. If he does not have long-term disability, it is because he chose not to take it. Councilor Finkam stated she does not want to create a special class of people that receive different benefits. Councilor Finkam moved to approve Resolution CC-05-16-22-01. Councilor Campbell seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC- 05-16-22-01 failed 4-4 (Aasen, Nelson, Rider and Worrell opposed). Council President Rider announced the First Reading of Ordinance D-2621-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Repealing Chapter 2, Article 2, Section 2-23 of the Carmel City Code, Withdrawing the City’s Membership in the 2015 Central Indiana Regional Development Authority and Authorizing the City of Carmel’s Membership in the Central Indiana Regional Development Authority Established by Indiana Code §36-7.7-1-1 et seq. Councilor Finkam moved to introduce the item into business. Councilor Worrell seconded. Michael Klitzing presented the item to Council. Councilor Worrell moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. The motion was approved 8-0. Councilor Worrell moved to approve Ordinance D-2621-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2621-22 was approved 8-0. Council President Rider announced Resolution CC-05-16-22-02: A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Preliminary Strategic Economic Development Plan for the Central Indiana Regional Development Authority Pursuant to Indiana Code §36-7.7-1-1 et seq. Councilor Finkam moved to introduce the item into business. Councilor Worrell seconded. Councilor Finkam moved to approve Resolution CC-05-16-22-02. Councilor Hannon seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-05-16-22-02 was approved 8-0. AGENDA ADD-ON ITEMS OTHER BUSINESS DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16 7 City Council Appointments Carmel Audit Committee (Term Expires 1/1/24, two-year term); One appointment. No appointment was made ADJOURNMENT Council President Rider adjourned the meeting at 9:02 p.m. Respectfully submitted, ____________________________________ Sue Wolfgang, Clerk Approved, ____________________________________ Kevin Rider, Council President ATTEST: __________________________________ Sue Wolfgang, Clerk DocuSign Envelope ID: A42D01ED-B25B-4EF9-B1F8-40B16B6FAD16