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11.21.22 CC Meeting Minutes1 COMMON COUNCIL MEETING MINUTES MONDAY, NOVEMBER 21, 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 Jacob Quinn were present. Councilor H. Bruce Kimball was not present. Council President Rider called the meeting to order at 6:01 p.m. AGENDA APPROVAL Councilor Worrell moved to reorder the agenda by moving 14(a) (Resolution CC-11-21-22-02) to 12(c) on the agenda. Campbell second. There was no Council discussion. Council President Rider called for the vote. The motion to amend passed 8-0. Councilor Worrell moved to approve the amended agenda. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. The motion to approve the amended agenda passed 8-0. INVOCATION Pastor Tim Ayers, Grace Church, delivered the Invocation Councilor Green led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Councilor Finkam and Corinne Osinski-Carey, Indiana Donor Network, presented on the Indiana Donor Network’s 2023 Floragraph honoree McKenzie Leichtnam. McKenzie was a heart transplant recipient as well as a tissue donor hero after he passed away. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL There were none. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS Councilor Green wanted to make people aware of the delay at 106th and College is mostly due to a supply chain shortage. He also wanted to make Council aware that there are issues at 108th and Bellefontaine St there are issues with semis and other cars going through the neighborhood because of the closure at 106th and College. DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C 2 Councilor Nelson took a moment for the lives lost and the people injured in the recent murders and hate crimes in Colorado Springs, Colorado 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. October 17, 2022 Regular Meeting 2. November 3, 2022 Special Meeting 3. November 9, 2022 Special Meeting b. Claims 1. Payroll $3,272,439.20 2. General Claims $3,262,318.71 3. Wire Transfers $3,707,649.19 ACTION ON MAYORAL VETOES There were none. COMMITTEE REPORTS Councilor Worrell reported that the Finance, Utilities and Rules Committee met twice and dealt with the Levy Appeal and Rate Cap and the second meeting dealt with redistricting. He stated he would give an update when the items appear on the agenda. Councilor Campbell reported that the Land Use and Special Studies had met and discussed Z-677-22 and it is coming with a positive 4-0 recommendation and she would discuss it more when it appears on the agenda. OTHER REPORTS – (at the first meeting of the month specified below): Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the monthly Redevelopment Commission report. OLD BUSINESS Council President Rider announced Resolution CC-09-19-22-02: A Resolution of the Common Council of the City of Carmel, Indiana, Amending Resolution CC-12-21-20-04; Sponsor(s): Councilor(s) Aasen, Campbell, Finkam, Rider, and Worrell. Item remains in the Finance, Utilities and Rules Committee. Council President Rider announced the Second Reading of Ordinance Z-677-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning 4 parcels located along 1st Avenue SE to the C2/Mixed Use District. Councilor Campbell reported the item is returning with a positive 4-0 recommendation and that most of the discussion centered around parking but no amendments were made. There was discussion about parking and how the Lion’s Club lot would be used. Councilor Campbell DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C 3 moved to approve Ordinance Z-677-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance Z-677-22 was approved 8-0. Council President Rider announced Resolution CC-11-21-22-02: A Resolution of the Common Council of the City of Carmel, Indiana, to Limit the Rate for Taxes Payable in 2022 and Authorize Necessary Temporary Borrowing Among City Funds. Councilor Worrell moved to introduce the item into business. Councilor Campbell seconded. Councilor Worrell presented the item to Council. Councilor Worrell moved to approve Resolution CC-11-21-22-02. Councilor Finkam seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-11-21-22-02 was approved 8-0 Council President Rider announced Resolution CC-10-17-22-02: A Resolution of the Common Council of the City of Carmel, Indiana, to Petition the Indiana Department of Local Government Finance to Adjust the Levy Limit of the City for Budget Year 2023. Councilor Worrell presented that the item is returning from the Finance, Utilities and Rules Committee 3-1 with a proposed amendment. Councilor Worrell moved to change the tax levy amount to $420,000. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote, The motion to amend was approved 8-0. Councilor Worrell moved to approve Resolution CC-10-17-22-02 As Amended. Councilor Campbell seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-10-17-22- 02 As Amended was approved 8-0. PUBLIC HEARINGS Council President Rider announced the Second Reading of Ordinance D-2651-22: An Ordinance of the Common Council of the City of Carmel, Indiana, for the Purpose of Establishing Councilmanic Districts. Councillor Worrell presented that the item is returning from the Finance, Utilities and Rules Committee with a 3-0 positive recommendation. He stated that a lot of discussion took place about the name for the South Central District. He said the name is meant to be as descriptive as possible about the location of the district and nothing more. Council President Rider opened the public hearing at 6:31:15 p.m. Seeing no one who wished to address Council, Council President Rider closed the public hearing at 6:31:15 p.m. Brian Bosma, Kroger Gardis & Regas, presented to Council and answered questions from Councilor Green. 10% is an evidentiary burden of proof threshold for standard deviation. If the population deviation is less than 10% that court will presume that it is as equal as possible, but it is a rebuttable presumption and people could bring evidence forward to beat it. In like fashion, the 5% threshold is not a magic number either but they have established that number internally as a rule of thumb to try and meet. If the Council were to adopt a map of 7.6% it wouldn’t be the end of the world, but Council has already proven with the map presented that 7.6% can be beat. Council could insert recital clauses into the ordinance explaining that, though. Councilor Worrell moved to approve Ordinance D-2651-22. Councilor Finkam seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2651-22 was approved 7-1 (Green opposed) Council President Rider announced the First Reading of Ordinance D-2650-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Vacating a Platted Utility Easement Within the Old Meridian and Main Redevelopment Project. Councilor Campbell moved to introduce the item into business. Councilor Finkam seconded. Councilor Finkam presented the item to Council. Council President Rider opened the public hearing at 6:40:30 p.m. Seeing no one who wished to address Council, Council President Rider closed the public hearing at 6:40:45 p.m. Councilor Finkam moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no discussion. Council President Rider called for the vote. The motion was approved 8-0. Councilor Finkam moved to approve Ordinance D-2650-22. Councilor Campbell seconded. There DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C 4 was no Council discussion. Council President Rider called for the vote. Ordinance D-2650-22 was approved 8-0. Council President Rider announced the First Reading of Ordinance Z-678-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Updating References to Certain Street Types and Definitions in the Unified Development Ordinance. Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. Adrienne Keeling, Department of Community Services, presented the item to Council. Council President Rider opened the public hearing at 6:44:45 p.m. Seeing no one who wished to address Council, Council President Rider closed the public hearing at 6:45 p.m. Councilor Campbell moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no discussion. Council President Rider called for the vote. The motion was approved 8-0. Councilor Campbell moved to approve Ordinance Z-678-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance Z-678-22 was approved 8-0. Council President Rider announced the First Reading of Ordinance D-2649-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Operating Balance of the General Fund to the 2022 Community Relations and Economic Development Department Budget. Councilor Finkam moved to introduce the item into business. Councilor Campbell seconded. Council President Rider opened the public hearing at 6:46:40 p.m. Seeing no one who wished to address Council, Council President Rider closed the public hearing at 6:46:57 p.m. Councilor Campbell moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no discussion. Council President Rider called for the vote. The motion was approved 8-0. Councilor Finkam moved to approve Ordinance D-2649-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2649-22 was approved 8-0. Council President Rider announced the First Reading of Ordinance D-2648-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of Funds from the Non-Reverting Sidewalk Program Fund (Fund #925). Councilor Finkam moved to introduce the item into business. Councilor Campbell seconded. Council President Rider opened the public hearing at 6:48:45 p.m. Seeing no one who wished to address Council, Council President Rider closed the public hearing at 6:48:59 p.m. Councilor Finkam moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was brief discussion on the Sidewalk Grant Program. Council President Rider called for the vote. The motion was approved 8-0. Councilor Finkam moved to approve Ordinance D-2648-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2648-22 was approved 8-0. NEW BUSINESS Council President Rider announced Resolution CC-11-21-22-01: A Resolution of the Common Council of the City of Carmel, Indiana, Approving the 2023-2024 Contract with the Carmel Fraternal Order of Police Lodge 185. Councilor Aasen moved to introduce the item into business. Councilor Nelson seconded. Councilor Aasen introduced the item to Council. Councilor Aasen moved to approve Resolution CC-11-21-22-01. Councilor Nelson seconded. There was no discussion. Council President Rider called for the vote. Resolution CC-11-21-22-01 was approved 8-0. DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C 5 Council President Rider announced Resolution CC-11-21-22-05: A Resolution of the Common Council of the City of Carmel, Indiana, Approving the 2023-2024 Contract with the Carmel Professional Firefighters Association. Councilor Worrell moved to introduce the item into business. Councilor Nelson seconded. Councilor Worrell introduced the item to Council. Councilor Worrell moved to approve Resolution CC-11-21-22-05. Councilor Nelson seconded. There was no discussion. Council President Rider called for the vote. Resolution CC-11-21-22-05 was approved 8-0. Council President Rider announced the First Reading of Ordinance D-2646-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 2, Section 8-8 of the Carmel City Code. Councilor Worrell moved to introduce the item into business. Councilor Finkam seconded. Benjamin Legge, City Attorney, 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 8-0. Councilor Finkam moved to approve Ordinance D-2646-22. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2646-22 was approved 8-0. . Council President Rider announced the First Reading of Ordinance D-2647-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Section 8-20 of the Carmel City Code. Councilor Finkam moved to introduce the item into business. Councilor Nelson seconded. Benjamin Legge presented the item to Council. Councilor Finkam moved to suspend the rules and act on this tonight. Councilor Worrell seconded. There was no Council discussion. Council President Rider called for the vote. The motion was approved 8-0. Councilor Finkam moved to approve Ordinance D-2647-22. Councilor Nelson seconded. There was no Council discussion. Council President Rider called for the vote. Ordinance D-2647-22 was approved 8-0. Council President Rider announced the First Reading of Ordinance D-2657-22; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 2, Section 25 of the Carmel City Code. Councilor Worrell moved to introduce the item into business. Councilor Worrell presented the item to Council. Council President Rider referred the item to the Finance, Utilities and Rules Committee. Council President Rider announced Resolution CC-11-21-22-03: A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the 2022 Common Council Budget and the Non-Reverting Sidewalk Program Fund (Fund #925). Councilor Finkam moved to introduce the item into business. Councilor Green seconded. Councilor Finkam presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-21-22-03. Councilor Hannon seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-11-21-22- 03 was approved 8-0 Council President Rider announced Resolution CC-11-21-22-04: A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (CRED)(#900) and the General Fund (#101). Councilor Aasen moved to introduce the item into business. Councilor Finkam seconded. Councilor Aasen introduced the item to Council. Councilor Aasen moved to approve Resolution CC-11-21-22-04. Councilor Finkam seconded. There was no Council discussion. Council President Rider called for the vote. Resolution CC-11-21-22-04 was approved 8-0 . AGENDA ADD-ON ITEMS OTHER BUSINESS DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C 6 Approval of CRC Purchase of 311 W Main Street - Henry Mestetsky presented the item to Council and stated it is important for continuation of the Arts & Design District. This is a piece that a private developer would not spend the time and effort that it takes to aggregate multiple parcels together. This is the kind of thing that a Redevelopment Commission could do. There is not currently a plan for the parcels. Councilor Worrell moved to approve the purchase. Councilor Aasen seconded. There was no Council discussion. Council President Rider called for the vote. The Purchase of 311 W Main Street was approved 8-0 City Council Appointments 1. 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 7:06 p.m. Respectfully submitted, ____________________________________ Sue Wolfgang, Clerk Approved, ____________________________________ Kevin Rider, Council President ATTEST: __________________________________ Sue Wolfgang, Clerk DocuSign Envelope ID: 008736CB-095D-4557-99C2-18BAD623462C