FISHERS TOWN COUNCIL MINUTES July 21, 2014
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1 FISHERS TOWN COUNCIL MINUTES FISHERS TOWN HALL WORK SESSION The Fishers Town Council Work Session convened at 5:30 P.M. with Scott Faultless, Stuart Easley, Michael Colby, David George, Pete Peterson, Gaye Cordell, Scott Fadness, Nicole Buskill, Jennifer Messer, Nathan George, Autumn Gasior, Tony Elliott, Tom Dickey, Jeff Hill, Mark Fasel, George Kehl, Cici Hendrix, Tracy Gaynor, Adam Zaklikowski, Shelby Bowen, David Winn, Charlie Fadale, Rick Bein, Patricia Castaneda Jen Thomas, Brad DeReamer, Rich Block, Cara Anthony, Eric Moeller, Patricia Castaneda, Christy Campbell, and Larry Lannan present. The Council discussed the Central Indiana Regional Transportation Authority (CIRTA). The Work Session adjourned at 6:05 P.M. COUNCIL MEETING Pete Peterson convened the Fishers Town Council meeting at 7:10 P.M. with David George, Michael Colby, Scott Faultless, and Stuart Easley present. John Weingardt and Renee Cox were absent. Others in attendance were: Gaye Cordell, Scott Fadness, Nicole Buskill, Jennifer Messer, Tracy Gaynor, Jeff Hill, Nathan George, George Kehl, Mitch Thompson, Adam Zaklikowski, Autumn Gasior, Tony Elliott, Tom Dickey, Tim Gropp, Shelby Bowen, Mark Fasel, Rick Farnham, Cici Hendrix, Charlie Fadale, Steve Fehribach, George Gelger, Greg O Herren, Steve Hardin, Rick & Maryellen Bein, Brian Stanoch, and Larry Lannan. ANNOUNCEMENTS: The Council announced upcoming community and park events. PRESENTATIONS: MODEL SCHOOL RESOURCE OFFICE AGENCY AWARD: David Dunbar described the award and presented it to the Council. He praised those involved from the police Department and Hamilton Southeastern Schools for the winning the award. POLICE DEPARTMENT SWEARING-IN CEREMONY: George Kehl swore in Charles Kingery, the Police Department s newest officer. CONSENT AGENDA: PREVIOUS MINUTES: Approval for the minutes for Council meetings held on May 7 & 19, June 2 & 17, July 7, 2014 was continued. TRUSTEE INVOICES: Approval of the Town Hall Building Corporation BAN (Meyer Najem Project), Request #3, Fishers Town Hall Building Corporation First Mortgage Bonds of 2011 (Fire Stations Projects) Request #48, the Fishers Taxable Economic Development Revenue Bond Series 2013 (Fishers Station Project), Request #14. ACCOUNTS PAYABLE REGISTER: Approval of the Accounts Payable Voucher Register for claims through CHANGE ORDERS: Approval and/or acknowledgment of following change orders: E & B Paving (Paving at Cumberland Road Park & Fleet Management Facility) Contract Original contract - $184, Previous change orders - $0 Change order request $15, New Total - $200, the consent agenda as amended. There was no remonstrance and all members voted aye. RESOLUTION R DESIGNATION OF 9999 EAST 121 ST STREET AS AN ECONOMIC REVITALIZATION AREA AND GRANTING A TWO-YEAR VACANT BUILDING TAX ABATEMENT AND A TEN YEAR PERSONAL PROPERTY TAX ABATEMENT: Tim Gropp reviewed the Resolution approving Tax Abatements for Hearthmark LLC dba Jarden Home Brands. The location will be used for their regional distribution center and primary management operations. The Resolution approves a two year vacant building tax abatement at 100% per year, a ten year 100% personal property tax abatement, waiver of all permit fees, and ten memberships to Launch Fishers. Total incentive package from Fishers values at $1,132, Pete Peterson opened the Public Hearing for Ordinance B. There was no
2 Page 2 RESOLUTION R072114A HEARTHMARK LLC dba JARDEN HOME BRANDS ECONOMIC DEVELOPMENT AGREEMENT: Tim Gropp reviewed the Resolution approving the Economic Development Agreement for Hearthmark LLC dba Jarden Home Brands. The agreement provides the details and expectations of the Town and Hearthmark LLC with appropriate claw backs. Resolution R072114A as presented. There was no remonstrance and all members RESOLUTION R072114B HEARTHMARK LLC dba JARDEN HOME BRANDS STATEMENT OF BENEFITS: Tim Gropp reviewed the Resolution approving the Statement of Benefits (SB-1) forms for Hearthmark LLC dba Jarden Home Brands. Resolution R072114B as presented. There was no remonstrance and all members ORDINANCE C2 REZONE (WITH RESTRICTIONS) FOR RITA S BACKGROUND GARDEN CENTER PROPERTY LOCATED AT E. 116 TH STREET, 2 ACRES: Adam Zaklikowski reviewed the rezone Ordinance to allow the petitioner the ability to use the property for commercial purposes with restricted permitted uses. Scott Faultless made a motion that was seconded by Stuart Easley to have the third reading and pass Zoning Ordinance There was no remonstrance and all members ORDINANCE ALLISONVILLE PLACE PUD AMENDMENT: Adam Zaklikowski and Steve Hardin reviewed the amendment Ordinance allowing self-storage in the Allisonville Place PUD with applicable self-storage development standards. Scott Faultless called for the first reading of Zoning Ordinance and it was held. The zoning was referred to the Plan Commission for their recommendation to the Council. ORDINANCE A STEEPLECHASE PUD AMENDMENT: Adam Zaklikowski and Steve Hardin reviewed the amendment Ordinance allowing the development standards in District 1 to increase the density to 1.35 dwelling units per acre and reduce the minimum lot width to 65 feet in the Steeplechase PUD. Scott Faultless called for the first reading of Zoning Ordinance A and it was held. The zoning was referred to the Plan Commission for their recommendation to the Council. ORDINANCE B - REAL PROPERTY DEDICATED AS PUBLIC RIGHT OF WAY FOR THE YEAGER PROJECT: Shelby Bowen reviewed the Ordinance dedicating real property as public right of way for the Yeager project. Michael Colby made a motion that was seconded by David George to suspend the rules for a second and third reading of Ordinance B. Ordinance B on the first reading. There was no remonstrance and all members ORDINANCE C VACATION OF EASMENTS FROM YEAGER PROPERTIES: Shelby Bowen reviewed the Ordinance for the vacation of easements by the Yeager Properties, Inc. Pete Peterson opened the Public Hearing for Ordinance C. There was no David George made a motion that was seconded by Stuart Easley to suspend the rules for a second and third reading of Ordinance C. Ordinance C on the first reading. There was no remonstrance and all members ORDINANCE D VACATING PUBLIC RIGHT OF WAY ON THE YEAGER PROJECT SITE: Shelby Bowen reviewed the right of way vacation for the Yeager Project. Pete Peterson opened the Public Hearing for Ordinance D. There was no Michael Colby made a motion that was seconded by Stuart Easley to suspend the rules for a second and third reading of Ordinance D. Ordinance D on the first reading. There was no remonstrance and all members
3 Page 3 RESOLUTION R072114C DEDICATION OF CERTAIN PARCELS TO THE TOWN HALL BUILDING CORPORATION BUT NOT UNTIL CERTAIN RIGHT OF WAYS ARE PROPERLY DEDICATED AND VACATED AND THE PLATTING PROCESS IS COMPLETE: Shelby Bowen reviewed the Resolution authorizing the execution of all documents, including the deed, necessary to transfer the described property to the Building Corporation. Stuart Easley made a motion that was seconded by Michael Colby to approve Resolution R072114C as presented. There was no remonstrance and all members ORDINANCE E VACATING TWO AREAS OF PUBLIC RIGHT OF WAY AND AN EASEMENT ON THE SITE OF THE LOFTUS ROBINSON PROJECT: Shelby Bowen reviewed the Ordinance authorizing Fishers to vacate certain right of ways and an easement for the Loftus Robinson project. Pete Peterson opened the Public Hearing for Ordinance E. There was no Stuart Easley made a motion that was seconded by David George to suspend the rules for a second and third reading of Ordinance E. Ordinance E on the first reading. There was no remonstrance and all members RESOLUTION R072114D DEDICATION OF CERTAIN PARCELS TO THE TOWN HALL BUILDING CORPERATION BUT NOT UNTIL CERTAIN RIGHT OF WAYS ARE PROPERLY VACATED AND THE PLATTING PROCESS IS COMPLETE: Shelby Bowen reviewed the Resolution authorizing the execution of all documents, including the deeds, necessary to transfer the described properties to the Building Corporation for the Loftus Robinson project. He said the transfer will not occur until all necessary right of ways are vacated. There was discussion the transfer may occur before the platting process is complete. Stuart Easley made a motion that was seconded by Michael Colby to approve Resolution R072114D with the amended language that the transfer may occur before the platting process is complete. There was no remonstrance and all members RESOLUTION R072114E DEDICATION OF RIGHT OF WAY LOCATED ALONG 104TH STREET AS PART OF THE RESERVE AT STEEPLECHASE DEVELOPMENT: Jeff Hill reviewed the Resolution dedicating the right of way along 104 th Street for the passing blister for the future northern portion of the Steeplechase Section 1 development. The dedication also includes and preserves right of way for future round-abouts at the intersection of Florida Road & 104 th Street and Georgia Road & 104 th Street. David George made a motion that was seconded by Stuart Easley to approve Resolution R072114E as presented. There was no remonstrance and all members RESOLUTION R072114F YEAGER PROJECT AGREEMENT FIRST AMENDMENT: Tom Dickey reviewed the Resolution agreeing to the First Amendment for the Yeager Project Agreement to extend the closing date to September 3, Michael Colby made a motion that was seconded by Renee Cox to approve RESOLUTION R072114G LOFTUS ROBINSON PROJECT AGREEMENT FIRST AMENDMENT: Michael Colby made a motion that was seconded by David George to add this item to the agenda. There was no remonstrance and all members Tom Dickey reviewed the Resolution agreeing to the First Amendment for the Loftus Robinson Project Agreement to extend the closing date to September 3, COTTINGHAM ESTATE SANITARY SEWER PROJECT - CONSTRUCTION AGREEMENT AWARD: Rick Farnham reviewed the construction agreement for the Cottingham Estates sanitary sewer project. The project improvements consist of the installation of 2 & 3 inch force main piping, air release valves, curb stops, flushing connections, and structures. Staff and GRW Engineers recommend awarding the bid to Culy Contracting, Inc. Michael Colby made a motion that was seconded by David George to award the construction agreement for the Cottingham Estates sanitary sewer project as described to Culy Contracting, Inc., determined to be the lowest and most responsive, for $369,642. There was no remonstrance and all members voted aye.
4 Page 4 COTTINGHAM ESTATE SANITARY SEWER PROJECT - PROFESSIONAL SERVICES FOR CONSTRUCTION ENGINEERING. ADMINISTRATION, & INSPECTION SERVICES AGREEMENT AWARD: Rick Farnham reviewed the professional services agreement for construction engineering, administration, and inspection services for the Cottingham Estates sanitary sewer project. The project improvements consist of the installation of 2 & 3 inch force main piping, air release valves, curb stops, flushing connections, and structures. Staff recommends awarding the bid to GRW Engineers, Inc. Scott Faultless made a motion that was seconded by Michael Colby to award the professional services agreement for the Cottingham Estates sanitary sewer project as described to GRW Engineers, Inc., determined to be the lowest and most responsive, for an amount not to exceed $55,780. There was no remonstrance and all members OLD NATIONAL BANK TIF AGREEMENT 3 RD MODIFICATION: Jennifer Messer reviewed the 3 rd modification of the TIF Loan Agreement with Old National Bank allowing an extension to 2016 to begin making principal payments on the bond. Old National Bank will prepay the 2 years of interest from non-tif revenue. the 3 rd modification of the TIF Loan Agreement with Old National Bank as presented. There was no remonstrance and all members voted aye except Mr. Easley abstained. ARBOR VILLAGE AT EAST 116 TH STREET NEW TRAFFIC SIGNAL & DRIVEWAY CURB CUT REQUEST BY MANSUR/LAUTH GROUP: Jeff Hill reviewed the request from HDG Mansur and Lauth Group for a traffic signal at the existing driveway of the Arbor Village Development, 900 feet east of Hoosier Road. The cost of design and construction will be the responsibility of the developer. The signal will be constructed in conformance with Fishers specification and will include fiber interconnected with the existing signal at Hoosier Road and tied into the adaptive signal system. There was discussion that Fishers install the signal and HDG Mansur and Lauth Group reimburse after they have been properly noticed of cost and the signal installation. The town will escrow 130% of the estimated cost. Bob Echols, represented HDG Mansur and Lauth Group, agreed to Fishers installing and they reimburse the full cost of the signal. David George said he felt the signal should be located to tie in with Meadow Brook Drive. Scott Faultless made a motion that was seconded by Stuart Easley to approve the traffic signal and driveway curb cut request by HDG Mansur & Lauth Group as presented with the provision that Fishers will install the signal and HDG Mansur and Lauth Group reimburse after they have been properly noticed of cost and the signal installation. The town will escrow 130% of the estimated cost. There was no further discussion or remonstrance and all members voted aye except Mr. George voted no. LOCAL PUBLIC AGENCY CONSULTANT AGREEMENT WITH BUTLER FAIRMAN & SEUFERT FOR CONSTRUCTION INSPECTION SERVICES FOR THE NICKEL PLATE TRAIL AMENITIES: Scott Faultless made a motion that was seconded by David George to remove this item from the table for discussion. There was no remonstrance and all members Jeff Hill reviewed the Construction Inspection Services required by INDOT for the Nickel Plate Trail Amenities. He recommended awarding the inspection services contract to Butler Fairman & Seufert. INDOT will reimburse Fishers 80%. Scott Faultless made a motion that was seconded by David George to award the construction inspection services for the Nickel Plate Trail amenities to Butler Fairman & Seufert, determined to be the lowest and most responsive, for an amount not to exceed $60,590 of which INDOT will reimburse Fishers 80%. There was no remonstrance and all members LOCAL PUBLIC AGENCY CONSULTANT AGREEMENT WITH BUTLER FAIRMAN & SEUFERT FOR CONSTRUCTION INSPECTION SERVICES FOR THE CHEENEY CREEK TRAIL: Scott Faultless made a motion that was seconded by David George to remove this item from the table for discussion. There was no remonstrance and all members Jeff Hill reviewed the Construction Inspection Services required by INDOT for the Cheeney Creek Trail. He recommended awarding the inspection services contract to Butler Fairman & Seufert. INDOT will reimburse Fishers 80%.
5 Page 5 Scott Faultless made a motion that was seconded by David George to award the construction inspection services for the Cheeney Creek Trail to Butler Fairman & Seufert, determined to be the lowest and most responsive, for an amount not to exceed $64,700 of which INDOT will reimburse Fishers 80%. There was no remonstrance and all members OTHER UNFINISHED/NEW BUSINESS: None The meeting adjourned at 9:20 P.M. Respectfully submitted by: Linda Gaye Cordell, Clerk-Treasurer
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