Minutes - City of Noblesville

COMMON COUNCIL
CITY OF NOBLESVILLE
SEPTEMBER 13, 2016
The Common Council of the City of Noblesville met in regular session on Tuesday, September
13, 2016. Greg O’Connor called the meeting to order pursuant to public notice with the
following members present: Brian Ayer, Wil Hampton, Christopher Jensen, Roy Johnson, Mary
Sue Rowland, Rick Taylor, and Megan Wiles. Mark Boice 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 MINUTES: AUGUST 23, 2016
Mr. Jensen moved to approve the minutes, second Mr. Taylor, eight aye.
APPROVAL OF AGENDA
Mr. Taylor moved to approve 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 he attended a ribbon cutting for Chicago Title on August 25th. The next
day he was present to honor Garrick Mallery at the dedication of the Outdoor Education Center
next to White River Elementary. Mr. Mallery donated Mallery Woods to the Center. Mayor
Ditslear attended a reception for Sue Ellspermann, the new president of Ivy Tech Community
College on August 31st. He attended the grand opening of the Beck’s Aviation Hangar at
Executive Airport on September 1st. Firefighter Jim Butts presented Mayor Ditslear with a
“Patriot Award” from the Indiana Employer Support of the Guard and Reserve on September 1st.
Later that day, Mayor Ditslear attended Meals from the Market. On September 8th, Mayor
Ditslear spent the day at the Hamilton County Economic Development Committee site
consultants meeting. Mayor Ditslear attended the annual White River Celebration and Duck
Race on September 10th. Mayor Ditslear spoke to second graders at Stony Creek Elementary on
September 12th. Jurassic Park will be shown at Forest Park on September 17th at dusk. The Old
Mill Festival and the Tour of Historic Homes will also be held on September 17th. The Farmers
Market will host a health fair on September 24th.
COUNCIL COMMITTEE REPORTS
Mr. Johnson stated the Roads Committee met on September 2nd. Quotes for landscaping at the
Carrigan Road/Hague Road and Presley Drive/S.R. 32 roundabouts have gone out. The City has
closed on a house on Hazel Dell Road to be used as a trail head for the Midland Trace Trail.
Construction for the first phase of the trail will be bid soon. The 2016 Sidewalk Project in the
Southwest Quad is finished. The City has filed an application for improvements to the
Southwest Quad Park and is waiting for State approval. The Riverwalk will be rebid soon for
work that can continue through the winter. The South 10th Street roundabout will bid in January.
The Levee Trail will also bid over the winter. The 17th Street realignment between Conner and
Logan Streets is complete. Prewiring is complete for the Downtown traffic signals. The
cabinets should arrive at any time. The project should be complete in approximately 45 days.
The flasher at 156th Street and Boden Road is finished. The Boden Road/Brooks School Road
realignment should be complete by Thanksgiving. The Alley Rehabilitation project is out for
bid.
Mr. O’Connor stated the Finance Committee met on September 9th. They reviewed the 2017
budget. The Committee recommends approval of the claims.
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CITY OF NOBLESVILLE
SEPTEMBER 13, 2016, PAGE II
Mr. Hampton stated the Park Board met on September 7th. Recreation revenue is down this
summer, but the kids camps were well attended and grossed approximately $18,000.00. Golf
revenues were down in August due to frequent rain, but they are rebounding well in September.
Mr. Hampton stated the auditorium at Ivy Tech will be leased by the Parks Department. While
the audio and visual equipment is old, it works and is up to production standards. The Parks
Department hopes to put on shows and lease the space to performance groups such as show
choirs. Seating will be installed very soon at the amphitheater at Federal Hill Commons.
Construction is on schedule, and the park is expected to open in April 2017.
APPROVAL OF CLAIMS
Ms. Wiles moved to approve the claims, second Mr. Taylor, eight aye.
PREVIOUSLY DISCUSSED ORDINANCES
#48-08-16
COUNCIL TO CONSIDER ORDINANCE #48-08-16, AN ORDINANCE
CONCERNING TEXT AMENDMENTS TO ORDINANCE #12-4-02, THE
“CONNER CROSSING PLANNED DEVELOPMENT” (ANDY WERT)
Mr. Wert stated Planning staff received a late request from the petitioners to continue this
ordinance to the September 27th meeting. Mr. Jensen moved to continue Ordinance #48-08-16,
second Mr. Taylor, eight aye.
#49-08-16
COUNCIL TO CONSIDER ORDINANCE #49-08-16, AN ORDINANCE
CONCERNING TEXT AMENDMENTS TO ORDINANCE #56-11-15, THE
“SAXONY CORPORATE CAMPUS PLANNED DEVELOPMENT”
(JOYCEANN YELTON)
Ms. Yelton stated this Ordinance includes text amendments to the Saxony Planned Development
ordinance regarding signage, landscaping, uses, and some impervious surface requirements. The
affected area of the Saxony Corporate Campus was previously zoned for industrial and
warehouse-type structures but was rezoned to commercial a few years ago. The following roll
call vote on Ordinance #49-08-16 was taken:
AYE: Brian Ayer, Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick
Taylor, Megan Wiles, and Greg O’Connor.
Eight aye, motion carries.
#50-08-16
COUNCIL TO CONSIDER ORDINANCE #50-08-16, AN ORDINANCE
REZONING PROPERTY LOCATED AT 1255 SOUTH 16TH STREET
(ANDY WERT)
Mr. Wert stated this Ordinance concerns changing zoning for a five-acre parcel directly south of
the Street Department from “R4” to “R5.” A three-story apartment building with a maximum of
63 units is proposed. The exact number of units will not be known until there is a survey to
determine exactly where the flood plain lies. The petitioner has provided a covenant that would
bind them and future owners to require that at least one tenant in each unit will be age 55 or over.
The site previously was a trailer park. Another development was approved and built
infrastructure but was not completed. The parcel is currently vacant. The Plan Commission
forwarded a favorable recommendation with a vote of ten to zero.
Mr. Ayer stated he thinks the proposed project is very good, but this Ordinance is only for
zoning, and RealAmerica does not yet own the property. He noted that if RealAmerica is not
able to complete their proposed project, the parcel would still be zoned “R5”. Mr. Ayer stated
there is nothing in this Ordinance to prevent that from happening. Mr. Howard stated the
Ordinance can be amended to include a provision that if the proposed development is not
constructed within a certain period of time, the zoning will revert back to “R4.”
COMMON COUNCIL
CITY OF NOBLESVILLE
SEPTEMBER 13, 2016, PAGE III
Michael Lang of RealAmerica Development, LLC, 10711 America Way, Suite 200, Fishers,
addressed the Council. Mr. Lang stated he is willing to amend the Ordinance. Mr. Howard
stated Mr. Lang can choose whatever time frame seems reasonable. Ms. Wiles moved to
continue Ordinance #50-08-16, second Mr. Taylor, eight aye.
#53-08-16
COUNCIL TO CONSIDER ORDINANCE #53-08-16, AN ORDINANCE
REZONING APPROXIMATELY THIRTY ACRES LOCATED ONE-EIGHTH
OF A MILE SOUTH OF 186TH STREET, EAST OF MOONTOWN ROAD
(JOYCEANN YELTON)
Ms. Yelton stated this Ordinance is a rezoning from “R1” to “R4” for a 30-acre parcel. The Plan
Commission forwarded a favorable recommendation with a ten to zero vote. This Ordinance is
paired with the next Ordinance. The following roll call vote on Ordinance #53-08-16 was taken:
AYE: Megan Wiles, Rick Taylor, Mary Sue Rowland, Roy Johnson, Christopher Jensen, Wil
Hampton, Brian Ayer, and Greg O’Connor.
Eight aye, motion carries.
#54-08-16
COUNCIL TO CONSIDER ORDINANCE #54-08-16, AN ORDINANCE
ADOPTING A PLANNED DEVELOPMENT OVERLAY FOR
APPROXIMATELY THIRTY ACRES LOCATED ONE-EIGHTH OF A MILE
SOUTH OF 186TH STREET, EAST OF MOONTOWN ROAD TO BE KNOWN
AS “PEBBLE BROOK VILLAS” (JOYCEANN YELTON)
Ms. Yelton stated this Ordinance is a PD Overlay for the 30 acres in the last Ordinance. The
proposed development is for paired villas like the ones in Chapel Villas. The Ordinance sets
forth the architectural standards, landscaping, and bulk standards, plus the adoption of a
preliminary development plan. The Plan Commission forwarded a favorable recommendation
with a vote of ten to zero. The following roll call vote on Ordinance #54-08-16 was taken:
AYE: Wil Hampton, Christopher Jensen, Roy Johnson, Mary Sue Rowland, Rick Taylor, Megan
Wiles, Brian Ayer, and Greg O’Connor.
Eight aye, motion carries.
NEW ORDINANCES FOR DISCUSSION
#56-09-16
COUNCIL TO CONSIDER ORDINANCE #56-09-16, AN ORDINANCE
AUTHORIZING THE CITY OF NOBLESVILLE, INDIANA TO ISSUE ITS
"TAXABLE REDEVELOPMENT REVENUE BONDS, SERIES 2016
(BLUESKY PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT
THERETO (MICHAEL HOWARD)
Mr. Johnson moved to introduce Ordinance #56-09-16, second Mr. Taylor. Mr. Howard stated
this Ordinance is the last approval for the BlueSky Project. This Ordinance is the final
authorization for the issuance of bonds to reimburse the City $1 million for land acquisition
costs; $2.5 million for site development costs; and to pay the costs of issuance. The anticipated
bond issue is $3,640,000.00; however, the Ordinance authorizes issuance up to $4,100,000.00 in
the event there is a need to fund a debt service reserve fund. Mr. Howard stated City Securities
does not anticipate the need for a debt service reserve. They expect a very reasonable interest
rate because the bonds were backed by COIT funds. Mr. Howard stated the Economic
Development Commission was required by statute to hold a public hearing and determine a
finding of no adverse effect on similar businesses. No one appeared at the hearing. Mr. Howard
stated the Ordinance refers to COIT and LIT. This year, there was new legislation renaming all
local income taxes as LIT. Mr. Howard stated there are taxpayer and development agreements in
place. Mr. O’Connor asked where the bond reimbursements will be deposited. Mr. Howard
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CITY OF NOBLESVILLE
SEPTEMBER 13, 2016, PAGE IV
stated they will reimburse the COIT fund for money that was spent for land acquisition and site
development. Mr. Ayer asked what the source of the bond payments will be. Mr. Howard stated
they will be paid from the original Noblesville TIF. There will be interest only payments for six
years, at which time the Hague Road bonds will be paid off. Then the bonds will be paid off
quickly in the following six years. Mr. Howard requested that the Ordinance be passed on first
reading in order to expedite the sale of the bonds. Ms. Wiles moved to suspend the rules and
approve Ordinance #56-09-16 on first reading, second Mr. Taylor, eight aye. The following roll
call vote on Ordinance #56-09-16 was taken:
AYE: Megan Wiles, Rick Taylor, Mary Sue Rowland, Roy Johnson, Christopher Jensen, Wil
Hampton, Brian Ayer, and Greg O’Connor.
Eight aye, motion carries.
#57-09-16
COUNCIL TO CONSIDER ORDINANCE #57-09-16, AN ORDINANCE
AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES FOR THE
CITY OF NOBLESVILLE (JOHN BEERY)
Mr. Johnson moved to introduce Ordinance #57-09-16, second Mr. Taylor. The Ordinance was
discussed in Roads Committee. It prohibits parking on the west side of Marie Court from
Dakota Drive to the cul de sac; on the west side of Timberstream Drive at 17173 and 17185
Timberstream Drive; and on both sides of Drayton Drive from the north edge of the
northernmost westbound travel lane along the east edge of the northbound lane of Drayton Drive
to a point 245 feet north.
MISCELLANEOUS
#1
COUNCIL TO CONSIDER RESOLUTION #RC-29-16, A PRELIMINARY
RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA
FOR FAT BUTTER INVESTMENTS, AND ESTABLISHING A PUBLIC
HEARING (ALAINA SHONKWILER)
Ms. Shonkwiler stated Michael and Tawni Parton, owners of the Parker Mortgage Group and
Parker Media Group, have purchased 950 and 960 Logan Street. Ms. Shonkwiler stated 950
Logan Street has been on and off the market for several years, with the price dropping drastically
in the past two years because it does not have water or sewer. When 960 Logan Street became
available, this became a viable project for the Partins. Parker Mortgage Group and Parker Media
Group have operated in the Model Mill since 2000 but are out of space and need to expand.
They plan to renovate both buildings on Logan Street at an investment of approximately $1
million. Ms. Shonkwiler stated due to the high cost of renovating a historic structure and a
building that currently does not have water or sewer, the Partins request a seven year real
property tax abatement that will freeze property taxes at their current Assessed Value for both
buildings for seven years, resulting in $77,868.00 in tax savings. Ms. Shonkwiler stated this will
allow the Partins flexibility to invest the funds needed to renovate the buildings into a modern
business space in which to move and ultimately expand their businesses. The petitioners will be
paying taxes, but at the current Assessed Value.
Mr. Ayer stated he will recuse himself from this item because he was involved in the sale of one
of the buildings. Mr. Ayer offered some history on the buildings. He stated currently one
building is empty. The 960 Logan Street building has one tenant that will remain for some time.
The buildings used to be the Noblesville Furniture Company, which is part of the reason why
there are no utilities at 950 Logan Street. He stated the second floor of 960 Logan Street has not
been occupied for more than 15 years. The major investment will be in the second floor of both
buildings.
Mr. O’Connor stated this is a terrific project. Ms. Rowland noted there are no plans for the
facades of the buildings. Ms. Shonkwiler stated there are no plans to apply for a Façade Grant
this year. The owners want to focus on the inside of the buildings, where work is most needed.
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CITY OF NOBLESVILLE
SEPTEMBER 13, 2016, PAGE V
The 960 Logan Street building was recently repainted on the exterior. The Partins are
investigating what can be done with the 950 Logan Street building. Ms. Rowland asked what the
owners plan to do for parking. Ms. Shonkwiler stated there are ten spaces in the rear of the
building, plus they are on a waiting list for spaces in Luke Kenley’s lot. There is also nearby
street parking and permit parking. Economic Development Director Judi Johnson addressed the
Council. Ms. Johnson stated parking is not a concern for the owners. They want to walk to
work. The goal is to not park. Mr. Hampton asked if the renovation will take seven years. Ms.
Shonkwiler replied no, the owners want to move to the second floor of the buildings by the
middle of next year. The abatement is just to help them with their tax bill and give them a return
on their investment. Mr. Johnson asked if this abatement meets the City’s standards. Ms.
Shonkwiler stated the Council set a precedent for this type of abatement in 2014 with Timberline
Properties when it approved exactly the same type of abatement. An abatement was approved to
renovate the upstairs of the Caylor building, which had been vacant for 25 years. Mr. Taylor
stated he appreciates the renovation of second floors Downtown, especially a building that
doesn’t have water service. It will necessarily contribute to the parking problems, but it is a
good problem to have. Ms. Rowland stated the City needs to partner with business owners about
the need for turnover in parking spaces Downtown. Too many employees use the spaces in front
of businesses. Mr. Johnson moved to approve Resolution #RC-29-16, second Mr. Taylor, seven
aye, one abstention. Mr. Ayer abstained.
#2
COUNCIL TO CONSIDER RESOLUTION #RC-30-16, A PRELIMINARY
RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA
FOR CRAIG HOUSE, LLC, AND ESTABLISHING A PUBLIC HEARING
(JUDI JOHNSON)
Ms. Johnson thanked the Council for approving the Metro Enterprise Park development. Once it
was approved, other opportunities for development became possible. Craig House, LLC, also
called Verdure Sciences, is a leader in the field of botanical ingredients supported with clinical
initiatives. Seven acres of the Metro Development Park will be used by Metro Plastics. Verdure
has an option on seven acres. They plan to build a 15,000 square foot light manufacturing office
and innovation laboratory space. This request is for an eight year declining real property tax
phase-in on a $3 million investment and a four year declining personal property tax phase-in of
$500,000.00. The petitioners currently have 20 employees and plan to add ten new high-wage
jobs.
Ajay Patel, president and CEO of Verdure at 1250 East Conner Street, addressed the Council.
Mr. Patel stated they moved their headquarters to Noblesville from Carmel 13 years ago. Their
business has experienced phenomenal growth since then and provides revenue, jobs, and
innovation. Mr. Patel stated their business is based on botanical-based ingredients. They focus
on brain health, cognition, metabolic health, gut health and joint health. Mr. Patel stated their
company has established sound supply chains and have a global footprint. He stated in light of
pending regulations, they would like to have more in-house capabilities in light manufacturing
and research and development. The proposed site would include these features. Mr. Patel stated
they have had great success, but they are outgrowing their current location. They want to stay in
Noblesville and live in Sagamore.
Sonya Cropper, vice president of marketing and innovation for Verdure, addressed the Council
next. Ms. Cropper stated they understand the parking problem Downtown, and once they move,
ten spaces will be available. Ms. Cropper stated their business focuses on vertical integration.
They need to control all stages of their products’ development. They also focus on innovation.
Their ingredients have tangible health benefits. Ms. Cropper presented slides about Verdure and
their business. She stated they are now working on educating health care professionals about
their products, which led to the need for a larger facility. Their current space can only
accommodate groups of approximately 20 visitors. They need to be able to accommodate groups
of 100 or 200 people. Ms. Cropper stated since they are a wellness company, their employees
want wellness programs. They want a kitchen with a smoothie bar, workout equipment, trails
and an outdoor setting. She stated they want to make this a life sciences campus with a focus on
environmentally-friendly manufacturing. Ms. Johnson presented a site plan for Metro Enterprise
COMMON COUNCIL
CITY OF NOBLESVILLE
SEPTEMBER 13, 2016, PAGE VI
Park. Verdure Sciences would build in the southeast corner. Ms. Cropper stated the plan keeps
the wetlands at the south end of the property. They would like to make it a botanical center to
educate their customers, as well as provide a relaxation area with seating for their employees.
Mr. Howard noted bids were opened this morning to build the infrastructure for this property.
Ms. Johnson stated this is a competitive project. Verdure is not only a global company, but the
owners are very involved in the local community as well. Ms. Wiles moved to approve
Resolution #RC-30-16, second Mr. Johnson, eight aye.
#3
COUNCIL TO CONSIDER RESOLUTION #RC-31-16, A PRELIMINARY
RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION AREA
FOR SPECTRA TECH, LLC, AND ESTABLISHING A PUBLIC HEARING
(ALAINA SHONKWILER)
Ms. Shonkwiler stated Spectra Tech has been in Noblesville since 2004 and is owned by Jim
Johnson and his family. They are well known residential and commercial infrastructure industry.
Spectra Tech specializes in rehabilitation of aging wastewater systems. They are currently on
Pleasant Street but need more room. Their proposal is to build a 9,000 square foot building for
an office headquarters and warehouse in the Cumberland Pointe Commercial Park at
Cumberland Road and Endeavor Drive. Ms. Shonkwiler stated this is a competitive project. Ms.
Shonkwiler stated this request is for a two year, 100 percent tax abatement on a $700,000.00
investment. Ms. Rowland asked if there would be more employees added. Ms. Shonkwiler
replied they will retain 18 current employees. They do not plan to hire, but they do contract out.
Ms. Rowland asked if the same incentive has been offered to other businesses. Ms. Shonkwiler
replied she compared the investment, jobs, and building square footage with a two year 100
percent abatement or a four year declining abatement. The Economic Development Council
Committee recommended a two year abatement. Mr. Johnson moved to approve Resolution
#RC-31-16, second Mr. Jensen, eight aye.
COUNCIL COMMENTS
Mr. O’Connor stated the Duck Race went well on Saturday.
ADJOURNMENT
There being no further business before the Common Council this 13th day of September,
2016, Mr. Jensen moved to adjourn, second Ms. Wiles, eight aye.
___________________________________
GREGORY P. O’CONNOR, PRESIDENT
ATTEST:
___________________________________
EVELYN L. LEES, CLERK