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HomeMy WebLinkAbout02-03-2014 oft Cq ......... City of C.Irmel ......%Jo, Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, FEBRUARY 3, 2014 — 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. January 21, 2014 Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS a. Payroll b. General Claims c. Retirement 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee e. Report from the Council Appointee to the Redevelopment Commission ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571.2414 1 10. OLD BUSINESS a. Tenth Reading of Ordinance D-2144-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 131(b)(c)(d)(e)(f) "Support for the Arts Fund#504" of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. b. Eighth Reading of Ordinance D-2154-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Department of Storm Water Management and a Storm Water District, and Adopting and Approving Storm Water User Fees; Sponsor(s): Councilor(s) Rider and Snyder. Remains in the Utilities, Transportation and Public Safety Committee. c. Fifth Reading of Ordinance D-2161-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Cannel City Code Chapter 6, Article 4, Section 6-65 (Use of Weapons Prohibited); Sponsor: Councilor Seidensticker. Remains in the Utilities, Transportation and Public Safety Committee. d. Fifth Reading of Ordinance D-2162-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 6, Article 5, Division VII, Section 6-158 (Noise Regulations); Sponsor: Councilor Seidensticker. Remains in the Utilities, Transportation and Public Safety Committee. e. Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of Cannel, Indiana, Amending the Cannel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. 11. PUBLIC HEARINGS a. Second Reading of Ordinance Z-584-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the Drury Plaza Hotel Planned Unit Development District; Sponsor: Councilor Rider. 12. NEW BUSINESS a. First Reading of Ordinance D-2163-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana(3'd Quarter Codification); Sponsor: Councilor Snyder. b. Resolution CC-02-03-14-01; A Resolution of the Fishers Town Council, Westfield City Council. Carmel City Council, Noblesville City Council, Hamilton County Commissioners and Hamilton County Council Concerning Hamilton County Schools; Sponsor(s) Councilors Finkam and Carter. 2 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 14 cc 3 COMMON COUNCIL MEETING MINUTES MONDAY, FEBRUARY 3, 2014 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President W. Eric Seidensticker, Council Members Sue Finkam, Carol Schleif, Richard L. Sharp, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk Lois Craig. Mayor Brainard called the meeting to order at 6:00 p.m. Pastor Luther Brunette, Carmel Lutheran Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Sharp made a motion to approve minutes from the January 21, 2014 Special Meeting. Councilor Rider seconded. There was no Council discussion. Council President Seidensticker called for the vote. Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: James Miller (representing the Indiana State Department of Health) addressed the Council regarding water fluoridation. June Noble addressed the Council regarding water fluoridation. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Clerk-Treasurer Diana L. Cordray presented a report to the Council regarding the records and documents of the Cannel Redevelopment Commission (Attachment 1). Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor Snyder also discussed the Carmel Street Departments recent damage to their kitchen, bunk room and Street Commissioner Dave Huffman's office. The Clerk-Treasurer's office provided lunch to the staff to thank them for their hard work and long hours keeping the Carmel streets clean and safe. Councilor Carter addressed the Council and thanked the Carmel Utilities staff for their service to the City repairing water main breaks during the winter months. 1 ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Sharp made a motion to approve claims in the amount of S2,252,485.10. CouncilorFinkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Wednesday, February 19, 2014 at 5:30 p.m. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had met and discussed Ordinance Z-584-14. This item was referred back to the full Council with a 3-0 favorable recommendation. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. The next meeting will be held on Tuesday, February 11, 2014 at 5:30 p.m. Councilor Schleif reported that the Utilities, Transportation and Public Safety Committee had not met. The next meeting will be held on Thursday, February 6, 2014 at 6:00 p.m. Report from the Council Appointee to the Redevelopment Commission. Council President Seidensticker referred to Dave Bowers. Mr. Bowers informed the Council that there was nothing significant in terms of upgrades, changes or any progress to report at this time. OLD BUSINESS Council President Seidensticker announced the Tenth Reading of Ordinance D-2144-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 4, Section 131(b)(c)(d)(e)(f) "Support for the Arts Fund#504" of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Seidensticker announced the Eighth Reading of Ordinance D-2154-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Department of Storm Water Management and a Storm Water District, and Adopting and Approving Stonn Water User Fees; Sponsor(s): Councilor(s) Rider and Snyder. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Seidensticker announced the Fifth Reading of Ordinance D-2161-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Cannel City Code Chapter 6, Article 4, Section 6-65 (Use of Weapons Prohibited); Sponsor: Councilor Seidensticker. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Seidensticker announced the Fifth Reading of Ordinance D-2162-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VII, Section 6-158 (Noise Regulations); Sponsor: Councilor Seidensticker. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Seidensticker announced Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009"Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Councilor Rider left the Council Chamber. PUBLIC HEARINGS Council President Seidensticker announced the Second Reading of Ordinance Z-584-14; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Drury Plaza Hotel Planned Unit Development District. Council President Seidensticker referred to Jon Dobosiewicz, Land Use Professional with Nelson Frankenberger, representing the petitioner, to present this item to the Council. There was no Council discussion. Council President Seidensticker opened the Public Hearing at 6:28 p.m. Seeing no one who wished to speak, Council President Seidensticker closed the Public Hearing at 6:28:15 p.m. Councilor Rider made a motion to approve Ordinance Z-584-14. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance Z-584-14 was adopted 7-0. NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D-2163-14; An Ordinance of the Common Council of the City of Cannel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Cannel, Indiana (3"1 Quarter Codification). Councilor Snyder made a motion to move this item into business. Councilor Schleif seconded. Councilor Snyder presented this item to the Council. Councilor Sharp made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Schleif seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved 6-0. Councilor Sharp made a motion to approve Ordinance D-2163-14. Councilor Schleif seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D-2163-14 was adopted 6-0. Council President Seidensticker announced Resolution CC-02-03-14-01; A Resolution of the Fishers Town Council, Westfield City Council. Cannel City Council, Noblesville City Council, Hamilton County Commissioners and Hamilton County Council Concerning Hamilton County Schools. Councilor Sharp made a motion to move this item into business. Councilor Carter seconded that presented this item to the Council. Councilor Sharp made a motion to approve Resolution CC-02-03-14-01. Councilor Snyder seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Resolution CC-02-03-14-01 was adopted 6-0. OTHER BUSINESS There was none. 3 ANNOUNCEMENTS Councilor Snyder and Mayor Brainard addressed the Council regarding the Governor of Indiana's discussion of reducing personal property taxes for businesses. There was brief Council discussion. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 6:44 p.m.\ Respectfully submitted, ,Clerk-Treasurer Did a L Cordray, IAMC Approved, Jal Brainard, Mayor ATTEST: 5L--/ta12-4_ 1'7( - Diana L. Cordray, IA 4C, Clerk-Treasurer 1 02/03!14(.1 h4•atIii tiGnuus 4 Update to the City Council Carmel Redevelopment Commission Records & Documents (February 3, 2014) This Update is intended purely for the purposes of providing the City Council with a basic understanding of the status of various issues related to the performance of the duties of Treasurer of the Cannel Redevelopment Commission (CRC). The Clerk-Treasurer's office will provide additional updates with regard to items determined to be of substance to the City Council. In addition,my staff and I are happy to answer specific questions as they arise. OVERALL PREMISE It is important for the Council to understand the premise of our work as CRC Treasurer. The following basic points are intended to illustrate the methods and actions of the Clerk-Treasurer's office with regard to the duties of CRC Treasurer: ® The CRC functions as a department of the City of Carmel, and the CRC Treasurer is responsible for financial record-keeping in accordance with accepted standards for public entities. In essence, the CRC's records are expected to meet the same standards as those met by other city departments. • The CRC Treasurer will advise the City Council of issues and questions related to the conduct of CRC business as those issues arise, and will consult with the City Council as to how such issues are to be addressed. We consider that our role is primarily a role of assuring that standards for financial record- keeping are maintained, and to interact with the Council with regard to issues of redevelopment finance. As such, the CRC Treasurer does not approve CRC projects,but the business associated with those projects approved must be conducted in accordance with accepted standards in order for the records to transparently assure the public that the public's business and interests are properly fulfilled. UPCOMING 2013 CRC ANNUAL REPORT It is our understanding that a 2013 CRC Annual Report deadline is upcoming. It is our understanding that Mike Lee will have the information necessary to fulfill this requirement, but it is not clear whether Mr. Lee has been authorized to perform the 2013 CRC Annual Report. STATE BOARD OF ACCOUNTS(SBOA)AUDIT The SBOA completed an audit of the CRC finances for 2012, and the audit results included several comments that are currently being addressed,as follows: • The SBOA cited "collections due" from the 4CDC and the Palladium with regard to parking revenues in the amount of$29,464.38. o There is a broad range of potential explanations for this citation. We have sent letters to the 4CDC and the Palladium to request their records with regard to those payments. o When we receive responses from these third-party organizations, we will forward those responses to the SBOA to determine whether the responses satisfy the SBOA comment. • The SBOA also cited a concern with regard to the structure of the CRC's handling of receipts and the lack of segregation of various funds and revenues, as well as comments regarding the proper forms for public sector record-keeping (Forms 203A and 208. o We are working with the SBOA to address these issues in a manner that meets State standards. • The SBOA cited "collections due" from the Energy Center in the amount of$787,874. o The staff is working to develop and organize the basic documents in a manner that transparently explains the business relationship between the City, the CRC and the Energy Center. • The SBOA cited the fact that"no receipts were written for 73% of the revenues received" by the CRC. o The CRC Treasurer is seeking to determine the precise and detailed nature of this issue in order to address it comprehensively. We will work with the SBOA to assure that the issue is adequately addressed. • The SBOA also took issue with the financial records related to the Shapiro's property, citing "collections due in the amount of$18,000." o The Shapiro's transactions are complex and are not yet fully understood, but we are working methodically to develop the documentation necessary to make this transaction more transparent and accountable. CRC REAL ESTATE HOLDINGS Our office is working to develop a comprehensive set of records related to CRC real estate holdings and interests. This issue is also complex, but our effort is directed at locating the legal documents related to real estate acquisition and to enable the public to transparently track and comprehend the various real estate transactions conducted by the CRC. The table below provides the basic real estate information as reported and signed by CRC officials dated July 29, 2013: CRC Real Estate Holdings (7/29/2013) Property Ownership Interest "Value" Party Time Fee title $4,173,036 Harrill Property Fee title $ 900,000.00 Bobby John Warehouse Fee title $ 1,300,000.00 Old Street Dept site (easement) City City property Old Street Dept site (easement) City City property Chaos property Fee title $ 400,000.00 Palladium Record title: RDA $ 126,170,000.00 Tarkington Theater Fee title $ 13,500,000.00 James Bldg/Studio Theater Fee title $ 3,000,000.00 James Bldg/Top Two Floors Fee title (4CDC) $4,000,000.00 7C Parking Garage Fee title $ 10,000,000.00 Sophia Square Parking Garage CRC installment purchase $ 8,000,000.00 Sophia Square Courtyard/ROW (Uncertain) $400,000.00 Indiana Design Center Parking Garage (Uncertain) $ 3,000,000.00 Parcel 5 Parking Garage (Unrecorded deed) $ 13,800,000.00 Fee title: CFP equitable title: Energy Center(tunnel & extension) CRC, installment purchase $ 7,332,533.00 contract(CRC/CFP) Village Green Fee title by CRC or City $2,550,000.00 Shapiro's Fee title $2,510,549.67 Total value as stated $201,126,119 The data in the table above is taken directly from CRC records. Additional documentation and clarification is being pursued as part of the CRC Treasurer's effort.