APPROVAL OF MEMORANDUM OF EXECUTIVE SESSION: MAY 24, Mr. Taylor moved to approve the minutes as presented, second Mr. Boice, eight aye.

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1 JUNE 14, 2016 The Common Council of the City of Noblesville met in regular session on Tuesday, June 14, Greg O Connor called the meeting to order pursuant to public notice with the following members present: Mark Boice, Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, and Megan Wiles. Brian Ayer was absent. Also present were Mayor John Ditslear, City Clerk Evelyn Lees, Deputy Mayor Steve Cooke, City Attorney Michael Howard, Department Directors, members of the media, and interested citizens. APPROVAL OF MEMORANDUM OF EXECUTIVE SESSION: MAY 24, 2016 Mr. Taylor moved to approve the minutes as presented, second Mr. Boice, eight aye. APPROVAL OF MINUTES: MAY 24, 2016 Ms. Wiles moved to approve the minutes as presented, second Mr. Johnson, eight aye. APPROVAL OF AGENDA Mr. Taylor moved to amend the agenda to move Miscellaneous #1 to follow approval of claims and consideration of Ordinance # after Miscellaneous #1, and to approve the rest of the agenda as presented, second Mr. Jensen, eight aye. PETITIONS OR COMMENTS BY CITIZENS WHO ARE PRESENT There were no petitions to speak. MAYOR S REPORT TO COUNCIL Mayor Ditslear stated on May 26 th he attended the retirement party for Pat Fox, CEO of Riverview Health. On May 27 th, Mayor Ditslear met with the family of Shaina Schmigel before the Noblesville Mini Marathon. Richard Clark ran the race in memory of Sgt. Schmigel, who died in a parachute accident over Fort Bragg in North Carolina. Mr. Clark carried a flag during the race and presented it to Sgt. Schmigel s family at the finish line. Mayor Ditslear attended the Parks Department s annual Bed Race and the Lions Club Pork Chop Dinner on June 3 rd. He attended the Old Mill Festival on June 4 th. Last week was Employee Appreciation Week for the City, featuring events hosted by the Human Resources Department. A Kona Ice truck provided snow cones during the week, on Tuesday breakfast was provided to employees including curb service, and on Friday City Hall was closed for two hours so everyone could attend a cookout at Forest Park. A Bicentennial wreath-laying ceremony was held in the Council Chambers on June 9 th to honor U.S. Senator James Noble, for whom Noblesville is named. Sen. Noble was one of 43 men who met in Corydon in 1816 to vote on Indiana becoming a state. Also on June 9 th, Mayor Ditslear attended the Hamilton County Leadership Academy s 25 th Anniversary luncheon. On Friday, June 17 th, Noblesville Main Street will present Music & All that Jazz on the Courthouse Square. Saturday, June 18 th, will be Kids Day at the Farmers Market. COUNCIL COMMITTEE REPORTS Ms. Wiles stated the Parks Board met. They have exceeded the fundraising goal for the summer concert series. There has been good coverage in the local media. WISH-TV covered for the Bed Race. The new Parks mascot, Felix the Fox, will be outfitted by Cabela s. A Serve Noblesville project will be on June 24 th and 25 th to perform maintenance on the parks, such as painting fences. Mr. Johnson stated the Roads Committee met on June 3 rd. Landscaping for the Carrigan and Hague Roads roundabout will bid in August. The 2016 Trail Connection bids came in well. Other needs were identified, so there will be another sidewalk package this fall. The County will open bids for the Riverwalk tomorrow. Construction should begin by Labor Day and finish next

2 JUNE 14, 2016, PAGE II spring. Closing on land acquisition for the Pizza King parcels at the South 10 th Street roundabout will be soon. The City is still working with Speedway for land acquisition for the roundabout. A contract for the 2016 Resurfacing project was awarded at the Board of Works meeting this morning. S.R. 32 at Presley Drive will be closed after the second week in June. INDOT s project to upgrade the Downtown traffic signals was delayed, but that is a good thing, because now it won t begin until most of the Downtown festivals are over. The Pleasant Street project is ongoing. Traffic counts have been expanded to include Clover Road, Mercantile Boulevard, and Town & Country Boulevard. Work is ongoing to put up a flasher at 156 th Street and Boden Road. New street lights for Downtown are on order and will be stored at the Street Department. Once they are stocked, quotes will be sought for installation. The Boden Road/Brooks School Road alignment will be bid in July. Drive cuts and intersections will be kept to a minimum in order to preserve traffic flow. The alley approach rehabilitation project has been awarded. The 17 th Street realignment bids were opened this morning. Ms. Rowland stated as a follow up to the ceremony honoring Senator Noble, on Saturday she spoke to the Daughters of the American Revolution. Fred Swift has noted that no one has ever recognized Alexander Hamilton as the namesake for Hamilton County. Now the DAR will work on a framed likeness of Alexander Hamilton to present to the County. Mr. O Connor stated the Finance Committee met on June 10 th. Most of what they discussed will be presented with the Internal Controls ordinance later in the meeting. Mr. O Connor stated the dates for the department budget meetings have been changed to August 2 nd and 3 rd. The Finance Committee recommends approval of the claims. APPROVAL OF CLAIMS Mr. Johnson moved to approve the claims, second Ms. Wiles, eight aye. MISCELLANEOUS #1 COUNCIL TO CONSIDER ADDITIONAL RIVERFRONT REDEVELOPMENT DISTRICT LICENSES (ALAINA SHONKWILER) Ms. Shonkwiler stated when the Riverfront Redevelopment District was established last year only ten liquor licenses were approved, with the understanding that the issue would be revisited if necessary. The State designated purchase price of the licenses is $1,000.00, as opposed to a market rate. This request is for an additional ten licenses. The Economic Development Council Committee has received regular updates and has been informed that the quota has been met. Nine restaurants have been approved for three-way licenses, and two upgraded their licenses from two-way to three-way. The current three-way licenses belong to Rosie s Place, Asian Grill, the Silver Dollar (now the Rail Station), South of Chicago Pizza, Matteo s Ristorante, Courtney s Kitchen, Michaelangelo s, the Uptown Café, the SmithHouse Event Center, and Nova 29 (owner of The Ville s building). There is additional interest in two-way license holders upgrading to three-way licenses. Ms. Shonkwiler stated she knows of four more parties who are currently interested in obtaining licenses, which is why she is requesting an additional ten licenses. The district is based on the Logan Street TIF district, in compliance with statute. State statute also requires any restaurant to be within 1,500 feet of the first buildable area of a river or stream and must be part of an overall economic development strategy. Ms. Rowland observed the TIF district was established in There are overlays and standards. This focus on the area would be a good time to review what is in place and see if anything needs to be updated to spur more development. Ms. Shonkwiler stated the hospital expansion, the BlueSky project, and Federal Hill Commons will all effect the area, which is why she is requesting more licenses. Ms. Rowland stated this might be a good topic for the Fifth Tuesday meeting with the Plan Commission and BZA in August. Mr. Boice moved to approve Miscellaneous #1, second Mr. Johnson, eight aye.

3 JUNE 14, 2016, PAGE III NEW ORDINANCES FOR DISCUSSION # COUNCIL TO CONSIDER ORDINANCE # , AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES FOR THE (JOHN BEERY) Mr. Taylor moved to introduce Ordinance # , second Mr. Johnson. Mr. Beery stated this ordinance contains three separate No Parking restrictions in commercial areas. The first is Promenade Shops Boulevard. This will be a commercial area, for which a No Parking zone is typical. The developer has agreed to sign this street to the City s standards. The second is on Carey Drive north of S.R. 32 next to Michaelangelo s. Cars have been parked along the street, which has damaged the drainage structure to the point where it had to be repaired. No parking will be posted to prevent further damage. The last part is on Presley Drive between S.R. 32 and Pleasant Street, which is currently under construction. Once the road is open, there will be No Parking on both sides, as for the other two streets. Mr. Hampton moved to suspend the rules and approve Ordinance # on first reading, second Mr. Jensen, eight aye. The following roll call vote was taken on Ordinance # : AYE: Mark Boice, Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan Wiles, and Greg O Connor. PREVIOUSLY DISCUSSED ORDINANCES # COUNCIL TO CONSIDER ORDINANCE # , AN ORDINANCE ANNEXING THE EAST PORTION OF WATERMAN CROSSING (ANDY WERT) Mr. Wert stated there have been no changes since the first reading. The following roll call vote was taken on Ordinance # : AYE: Megan Wiles, Rick Taylor, Mary Sue Rowland, Roy Johnson, Christopher Jensen, Wil Hampton, Mark Boice, and Greg O Connor. # COUNCIL TO CONSIDER ORDINANCE # , A CHANGE OF ZONING FROM A-2 COUNTY AGRICULTURAL ZONING DISTRICT FOR 14 ACRES AND FROM R1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT FOR 41 ACRES TO R2 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT LOCATED NORTH OF 156 TH STREET AND ONE QUARTER MILE EAST OF SUMMER ROAD (ANDY WERT) Mr. Wert stated there have been no changes since the first reading. The following roll call vote was taken on Ordinance # : AYE: Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan Wiles, Mark Boice, and Greg O Connor.

4 JUNE 14, 2016, PAGE IV # COUNCIL TO CONSIDER ORDINANCE # , A CHANGE OF ZONING AND ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN AND ORDINANCE FOR 55 ACRES TO R2/PD SINGLE-FAMILY RESIDENTIAL PLANNED DEVELOPMENT TO BE KNOWN AS WATERMAN CROSSING AND LOCATED NORTH OF 156 TH STREET AND ONE QUARTER MILE EAST OF SUMMER ROAD (ANDY WERT) Mr. Wert stated there were a few corrections of typographical errors since the first reading. The changes were minor. The project consists of 88 lots on 55 acres with a pedestrian trail that connects the two neighborhoods and will eventually connect to Finch Creek Park. Olthof has agreed to add a 100 square foot sunroom as a standard feature on all models. Mr. Taylor asked why the 50 foot buffer on the north has been eliminated. Mr. Wert stated it was done to match Noble East, the adjacent development. The density and uses are the same as for Noble East. There is really no need to buffer residential to residential. Mr. Taylor asked for confirmation that conventional aluminum soffits would not be used. Mr. Wert replied that is correct. Mr. Taylor asked if these were 70 foot lots. Mr. Wert replied that is correct. Mr. Taylor asked if the homes would be set back enough to allow for two cars to park in the driveway without obstructing the sidewalks. Mr. Jon Dobosiewicz of Nelson & Frankenberger, P.C. addressed the Council. He noted the homes have two car garages and enough setback for two cars to park in the driveway. Mr. O Connor asked for clarification of the minimum square footage for the homes. There are ten Villa homes with a minimum of 1,500 square feet and the remainder would have a minimum of 1,700 square feet. Mr. Wert replied that is correct. Both were approved by the ARB. Ms. Wiles agreed. Mr. Johnson moved to amend Ordinance # as currently presented, second Mr. Taylor, eight aye. The following roll call vote was taken on Ordinance # : AYE: Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan Wiles, Mark Boice, Wil Hampton, and Greg O Connor. # COUNCIL TO CONSIDER ORDINANCE # , A CHANGE OF ZONING AND ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN FOR 32 ACRES IN NOBLESVILLE TOWNSHIP TO R1/PD SINGLE- FAMILY RESIDENTIAL PLANNED DEVELOPMENT TO BE KNOWN AS POTTER S BRIDGE ESTATES LOCATED ONE QUARTER MILE SOUTH OF EAST 206 TH STREET AND WEST OF CUMBERLAND ROAD (SARAH REED) Ms. Reed stated this request is for a preliminary development plan for a 32 acre site. The Plan Commission forwarded a favorable recommendation with a ten to zero vote. There have been no changes since the first reading. Mr. Boice noted the adjacent gun range that was discussed at the first reading and that there is an acknowledgment of it in the covenants. He asked Mr. Howard if there is anything else the City can do to minimize complaints from those purchasing these houses. Mr. Howard stated this is the second time this project has come before the Council. The first time was eight or nine years ago. The covenants contain a disclosure of the existence of the gun range. All the City can do is require that it be put in the documents. The buyers may not pay attention, but there is not much more that can be done. Most homebuyers do their due diligence. Mr. Johnson asked if the disclosure could be on a separate page to be signed. Mr. Howard replied no, it cannot. Ms. Reed stated these are two acre lots that are not in the City limits, and there are only ten lots. Mr. Howard noted that since the builder and developer is the same person, the homeowners are likely to go to him first if they have complaints. Mr. Hampton asked if any of the ten lots could be split into smaller lots and developed. Ms. Reed replied no, they will be platted for ten lots only. Splitting a lot would require replatting. The following roll call vote on Ordinance # was taken: AYE: Megan Wiles, Rick Taylor, Mary Sue Rowland, Roy Johnson, Christopher Jensen, Wil Hampton, Mark Boice, and Greg O Connor.

5 JUNE 14, 2016, PAGE V # COUNCIL TO CONSIDER ORDINANCE # , A CHANGE OF ZONING FROM SR SUBURBAN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO PB PLANNED BUSINESS ZONING DISTRICT FOR APPROXIMATELY TEN ACRES LOCATED AT 5588 EAST 146 TH STREET (ANDY WERT) Mr. Wert requested that Ordinances # and # be considered together. # COUNCIL TO CONSIDER ORDINANCE # , A CHANGE OF ZONING AND ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN AND ORDINANCE FROM PB PLANNED BUSINESS ZONING DISTRICT TO PB/PD PLANNED BUSINESS PLANNED DEVELOPMENT ZONING FOR APPROXIMATELY TEN ACRES LOCATED AT 5588 EAST 146 TH STREET, AS AMENDED (ANDY WERT) Mr. Wert stated some changes have been made since the first reading. The list of permitted uses has been revised. A new rendering of the west elevation with brick columns has been added, and more detail of the landscaping is in Exhibit C. The developer will speak about additional changes. The office and retail use will require sanitary sewer, so a petition for annexation is expected to be filed soon. The developer planned a monument sign as well as a wall sign. The Planning Department asked for a theme for the signs more in line with the UDO, which has been done. The Plan Commission forwarded a favorable recommendation. Mr. Alex Beatty of Faegre Baker Daniels addressed the Council. Mr. Beatty stated they have made revisions to the columns and panels on the west elevation. Some of the wall is obscured by trees. A faux window will be added to the middle of every other panel on the west elevation. The windows will be three feet wide and six feet tall with wainscoting at the top and bottom, and they will be centered between the columns. Mr. O Connor asked if the windows would be on the west elevation. Mr. Beatty replied that is correct. Mr. O Connor asked how many windows there would be. Jim Adams of French Property Management, LLC addressed the Council. Mr. Adams stated there are a total of ten windows. The rendering shows the landscaping as designed, but there may be some slight shifts due to drainage structures. It is the maximum amount of landscaping that is required. Columns and commercial glass will be added to the west elevation. The glass will be opaque with dividers to give more of an office look to the building. Mr. O Connor noted that about one third of the original permitted uses were removed at his request because they were not applicable to this site. Ms. Rowland questioned the use of faux windows. She has never seen windows on a storage facility. Mr. Adams stated it is not that unusual. Originally this was just a wall, but commercial glass has been used at other locations. It continues the look from the office/retail space. It is less a cost issue than an aesthetic issue. Ms. Rowland stated it is a storage building, so it should look like storage building. People should be able to look at it and figure out what it is. She feels adding faux windows is over the top. Mr. Johnson stated the same thing was done on the north side of Best Buy, and it looks good. Ms. Rowland asked if this would be the new standard. Mr. Johnson replied it could be. The Council should discuss it. Mr. Hampton stated the request for faux windows has more to do with the location of the building. Mr. Johnson agreed. The trees that are there now will be taken out. It is 400 feet of wall. His concern is for the view for eastbound travelers. The following roll call vote was taken on Ordinance # : AYE: Mark Boice, Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan Wiles, and Greg O Connor. Mr. Johnson moved to amend Ordinance # per the presentation, second Mr. Jensen, eight aye. The following roll call vote was taken on Ordinance # : AYE: Mary Sue Rowland, Rick Taylor, Megan Wiles, Mark Boice, Wil Hampton, Christopher Jensen, Roy Johnson, and Greg O Connor.

6 JUNE 14, 2016, PAGE VI # COUNCIL TO CONSIDER ORDINANCE # , AN AMENDMENT TO THE PRELIMINARY DEVELOPMENT PLAN AND ORDINANCE # AS AMENDED, AND ORDINANCE # FOR THE TERRY LEE CROSSING PLANNED DEVELOPMENT, TO INCLUDE APPROXIMATELY 4.5 ACRES LOCATED SOUTH OF CONNER STREET AND WEST OF PRESLEY BOULEVARD (SARAH REED) Ms. Reed stated this is the second reading for this ordinance. It adds four acres to the Terry Lee Crossing PD. There are no other changes. The sign that Mr. Ayer asked about at the first reading was already approved by Christy Langley in January. There have been no other changes or issues since the first reading. Mr. Taylor asked if the approved sign will look like the existing sign. Mr. O Connor recalled the approved sign has a different look but is the same size. Ms. Reed replied that is correct. Ms. Wiles asked if the location of the sign is on S.R. 37. Ms. Reed replied it is on the corner of State Roads 32 and 37. Mr. Johnson noted the height of the sign is 28 feet. Would the sign on the other side of the development be the same height? Mr. Wert replied yes, it is the same as the other sign. Having it included in this ordinance memorializes the requirements. Mr. O Connor noted the only amendment is in Section 2 2.1, where the word west has been changed to east. Ms. Wiles moved to amend and approve Ordinance # as amended, second Mr. Jensen, eight aye. The following roll call vote was taken: AYE: Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan Wiles, Mark Boice, Wil Hampton, and Greg O Connor. NEW ORDINANCES FOR DISCUSSION # COUNCIL TO CONSIDER ORDINANCE # ANNEXING GREENFIELD AVENUE AND RESOLUTION #RC APPROVING THE FISCAL PLAN (ANDY WERT) Mr. Johnson moved to introduce Ordinance # , second Mr. Taylor. Mr. Wert stated this annexation is for a wholesale nursery approved in April. Their business will complement Hood s Gardens. In fact, the owners of Hood s Gardens are selling part of the land to them. There was recently a change to state statute directing that the taxes on agriculturally assessed land will not go up until the land has been developed, which will work in the property owners favor. PUBLIC HEARING FOR ANNEXATION OF GREENFIELD AVENUE Mr. O Connor opened the public hearing for the annexation of Greenfield Avenue. See no public come forward, Ms. Wiles moved to close the public hearing, second Mr. Boice, eight aye. Mr. Jensen moved to approve Resolution #RC-23-16, second Ms. Wiles, eight aye. # COUNCIL TO CONSIDER ORDINANCE # , AN ORDINANCE TO AFFIRM THE CITY S COMMITMENT TO MINIMUM CONTROLS, ESTABLISH GUIDELINES FOR THE CONTROL MEASURES, AND SET A MATERIALITY THRESHOLD FOR THE (MICHAEL HENDRICKS) Mr. Johnson moved to introduce Ordinance # , second Mr. Boice. Mr. Hendricks stated IC (g) requires all government agencies to adopt a program that meets five minimum internal controls consisting of 17 principals. He has worked with H.J. Umbaugh and reviewed what other communities have done to establish the parameters in this ordinance. This is a large program. The statute requires this Ordinance, which sets the tone for the program. The controls are circular in nature. There is a cycle of review of policies and procedures, testing policies

7 JUNE 14, 2016, PAGE VII and procedures, and then identifying and correcting deficiencies. It is a continuous process. Training is required for anyone who handles any funds. The Department Directors will be required to attend a webinar which reviews the minimum controls, their importance, and the role the Directors play. The training also stresses the obligation to report any suspected financial wrongdoing. The Council will also be required to attend the training. The webinar is expected to take place before the next meeting. Since the Council approves claims and the spending of funds, it has an obligation to understand its roles. Mr. Hendricks stated the Ordinance also sets a materiality threshold, as required by statute. The threshold sets the level of variance for missing or unaccounted-for funds before the City is obligated to report the variance to the State Board of Accounts. Mr. Hendricks stated he has worked with accountants and other communities to arrive at the amount to set. It is important not to set the threshold too low, so that common everyday balancing and reconciling variances don t have to be reported. The City needs to be reporting only for valid reasons. The threshold for cash is set at $5, Any variance will still be investigated and addressed. The non-cash threshold, which is for items such as equipment, is set at $20, This is set high enough so that a temporarily misplaced piece of equipment does not have to be reported. Only real theft or fraud should be reported. Mr. Hendricks stated he has been working on this project since January. He originally thought everything had to be in place by June 30 th, but he found it has to be done by the end of the year. He is glad that he has done the work now so that there is little left to do. Mr. O Connor stated Mr. Hendricks has done an excellent job. It is a lot of information. To some degree, this is an unfunded mandate from the State. The Controller s office may have to add staff to provide sufficient oversight for the program. It is good to have this policy. Mr. Hendricks stated the size of our City is fortunate for us, because we have the resources to use technology to help. It is much harder for small municipalities that may have a one-person office. It is harder for them to implement dual controls. The program has been difficult for everyone in the state to implement. Mayor Ditslear stated Mr. Hendricks has been very dedicated and has done a great job. # COUNCIL TO CONSIDER ORDINANCE # , AN ORDINANCE AUTHORIZING THE, INDIANA, TO ISSUE ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2016 (EMBASSY SUITES PROJECT) AND APPROVING OTHER ACTIONS IN RESPECT THERETO (MICHAEL HOWARD) Mr. Johnson moved to introduce Ordinance # , second Mr. Taylor. Mr. Howard stated the applicant has met with a delay in securing financing. His lender has had trouble understanding the Taxpayer Agreement, so there is no need to pass this ordinance on first reading, as had been requested in the memo. Mr. Howard stated this project has moved very quickly for one of its size. The Developer and Taxpayer Agreements were recently approved. The applicant has his site permit and is in the process of securing financing. No bond purchase agreements will be signed until his financing has closed and he has provided a signed document as proof. Mr. Howard stated the Economic Development Commission had to hold a public hearing to prove there will be no adverse effect on the competition before bonds can be issued. The public hearing was held, and no one commented. The City will most likely close on the bonds in July. This Ordinance is the Council s final action on the project. Mr. O Connor asked how much difference there was between the taxable and non-taxable rates. Mr. Howard replied it was between 18 and 25 basis points. He is trying to keep the constitutional debt limit available for other future projects. COUNCIL COMMENTS Ms. Wiles reminded the Council of St. Michael s Episcopal Church s 39 th Annual Strawberry Festival will be held Friday and Saturday on the Courthouse Square. Mayor Ditslear stated it is a great event. Mr. O Connor observed that the Lions Club s pork chops were excellent this year. He also attended a Dinner in the Alley, and encouraged the rest of the Council to go to one. There are more scheduled during the summer. Ms. Rowland congratulated the Administration on the new sound system. It is much easier to hear. Mr. Hampton congratulated golf pro Gary

8 JUNE 14, 2016, PAGE VIII Deakyne and the NHS boys golf team on winning the sectional. Mayor Ditslear stated Mr. Deakyne s son is also in the state golf finals. ADJOURNMENT There being no further business before the Common Council this 14 th day of June, 2016, Ms. Wiles moved to adjourn, second Mr. Jensen, eight aye. GREGORY P. O CONNOR, PRESIDENT ATTEST: EVELYN L. LEES, CLERK