HomeMy WebLinkAbout06-02-2014 `fir tc..CgR I`
6 City
11110
Clerk-Treasurer COMMON COUNCIL
MEETING AGENDA
MONDAY, JUNE 2, 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. May 19, 2014 Regular 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 Carmel Redevelopment Commission
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2414
1
10. OLD BUSINESS
a. Fifteenth 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 (6/5/14).
b. Twelfth 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 (6/5/14).
c. Third Reading of Ordinance Z-589-14; An Ordinance of the Common Council of the
City of Cannel, Indiana, Establishing The Bear Creek (71.67 acres located at the SE
Corner of 146`h Street; 14501 Little Eagle Creek Avenue)Planned Unit Development
District; Sponsor: Councilor Sharp.
d. Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of
Carmel, 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.
e. Resolution CC-03-17-14-07; A Resolution of the Common Council of the City of
Carmel, Indiana, Regarding Distribution of Monies to be paid to the City of Carmel from
Sale of Real Property(10407 and 10409 Pennsylvania Street); Sponsor: Councilor
Seidensticker. Remains in the Finance, Administration and Rules Committee.
f. Resolution CC-03-17-14-08; A Resolution of the Common Council of the City of
Cannel, Indiana, Regarding Distribution of Monies to be paid to the City of Carmel from
• Sale of Real Property(10401 and 10403 Pennsylvania Street); Sponsor: Councilor
Seidensticker. Remains in the Finance, Administration and Rules Committee.
11. PUBLIC HEARINGS
12. NEW BUSINESS
a. First Reading of Ordinance D-2168-14; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Chapter 8,Article 5, Section 8-47 (No Parking Areas)
of the Cannel City Code; Sponsor: Councilor Sharp.
13. OTHER BUSINESS
a. Property Abatements/Compliance with Statement of Benefits—Deadline was May 15,
2014:
1. Allegient, LLC
2. Allete Automotive Services
2
3. Baldwin&Lyons, Inc.
4. Belden, Inc.
5. Capital Bank and Trust Co.
6. Dealer Services Corporation
7. Flywheel Healthcare, LLC
8. GEMMS, Inc.
9. KAR Auction Services, Inc.
10. Meridian Medical Partners, LLC
11. Midwest Independent Transmission System Operator(MISO)
12. Pharmakon Long Term Care Pharmacy
13. The Capital Group Companies
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
06/02114 CC Meeting Agenda
3
COMMON COUNCIL
MEETING MINUTES
MONDAY, JUNE 2, 2014 - 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEMBERS PRESENT:
Council President W. Eric Seidensticker, Council Members Sue Finkam, Carol Schleif,Richard L.
Sharp, Luci Snyder, Ronald E. Carter, Clerk-Treasurer Diana L. Cordray and Deputy Clerk Lois Craig.
Mayor James Brainard and Councilor Kevin Rider were not in attendance.
ance.
Council President Seidensticker called the meeting to order at 6:02 p.m.
Reverend Patti Payntor, Carmel United Methodist Church,pronounced the Invocation.
Councilor Sharp 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 May 19, 2014 Regular Meeting. Councilor
Schleif seconded. There was no Council discussion. Council President Seidensticker called for the
vote. Minutes were approved 6-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Dwight Lile, representing the Constitutional Patriots, addressed the Council regarding
transparency of the Carmel City Center Development Corporation(attachment).
COUNCIL,MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Snyder made a motion to approve claims in the amount of$3,204,198.50. Councilor Finkam
seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Claims were approved 6-0.
1
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The
next meeting will be held on Thursday, June 19, 2014 at 5:30 p.m.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee met
and discussed Ordinance Z-598-14. The committee report will be presented when the item appears on
the agenda. The next meeting will be held on Monday, June 9, 2014 at 5:30 p.m.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Schleif reported that the Utilities, Transportation and Public Safety Committee had not met.
The next meeting will be held on Thursday, June 5, 2014 at 6:00 p.m.
Corrie Meyer, Executive Director for the Carmel Redevelopment Commission,presented a report and
was available for questions of the Council. There was no Council discussion.
OLD BUSINESS
Council President Seidensticker announced the Fifteenth 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(6/5/14). This item was not discussed.
Council President Seidensticker announced the Twelfth 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(6/5/14). This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance Z-589-14; An Ordinance
of the Common Council of the City of Cannel, Indiana, Establishing The Bear Creek(71.67 acres
located at the SE Corner of 146`x'Street; 14501 Little Eagle Creek Avenue)Planned Unit Development
District. Councilor Sharp presented the Land Use, Annexation and Economic Development Committee
report to the Council. This item was referred back to the Council with a 3-1 positive recommendation
with additional commitments that were made by the developer. Councilor Sharp referred to Tim Ochs,
Attorney, Ice Miller, representing Pulte Home of Indiana to address the Council. Councilor Sharp made
a motion to approve Ordinance Z-589-14 with the additional commitments offered by the developer this
evening. The motion Failed due to the lack of a second. There was brief Council discussion. Councilor
Sharp made a motion to approve Ordinance Z-589-14 with the additional commitments provided by Mr.
Ochs regarding the internal paths. Councilor Finkam seconded. There was brief Council discussion.
Councilor Sharp made a motion to amend the amendment by incorporating the developer's commitment
to the asphalt exterior paths and the commitment that there would be no mulch interior paths,plus the
developer reserves the right to install that network of paths using asphalt. Councilor Finkam seconded.
There was no Council discussion. Council President Seidensticker called for the vote. The motion to
amend Ordinance Z-589-14 by including commitments from the developer was approved 6-0.
Councilor Carter made a motion to approve Ordinance Z-589-14 including commitments from the
developer. Councilor Sharp seconded. There was no Council discussion. Council President
Seidensticker called for the vote. Ordinance Z-589-14 including commitments was adopted 6-0.
2
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.
Council President Seidensticker announced Resolution CC-03-17-14-07; A Resolution of the Common
Council of the City of Carmel, Indiana, Regarding Distribution of Monies to be paid to the City of
Carmel from Sale of Real Property(10407 and 10409 Pennsylvania Street); Sponsor: Councilor
Seidensticker. Remains in the Finance, Administration and Rules Committee. This item was not
discussed.
Council President Seidensticker announced Resolution CC-03-17-14-08; A Resolution of the Common
Council of the City of Carmel, Indiana,Regarding Distribution of Monies to be paid to the City of
Cannel from Sale of Real Property(10401 and 10403 Pennsylvania Street); Sponsor: Councilor
Seidensticker. Remains in the Finance, Administration and Rules Committee. This item was not
discussed.
PUBLIC HEARINGS
There were none.
NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D-2168-14; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 8, Article 5, Section 8-47
(No Parking Areas) of the Carmel City Code. Councilor Finkam made a motion to move this item into
business. Councilor Schleif seconded. Councilor Sharp presented this item to the Council. Councilor
Finkam made a motion to suspend the rules and not send this item to committee and vote this evening.
Councilor Sharp seconded. Ashley Ulbricht,Assistant City Attorney, addressed the Council. Council
President Seidensticker called for the vote. The motion was approved 6-0. Councilor Sharp made a
motion to approve Ordinance D-2168-14. Councilor Snyder seconded. There was brief Council
discussion. Council President Seidensticker called for the vote. Ordinance D-2168-14 was adopted 6-0.
OTHER BUSINESS
Property Abatements/Compliance with Statement of Benefits—Deadline was May 15, 2014:
1. Allegient, LLC
2. Allete Automotive Services
3. Baldwin &Lyons, Inc.
4. Belden, Inc.
5. Capital Bank and Trust Co.
6. Dealer Services Corporation
7. Flywheel Healthcare, LLC
8. GEMMS, Inc.
9. KAR Auction Services, Inc.
10. Meridian Medical Partners, LLC
11. Midwest Independent Transmission System Operator(MISO)
3
12. Pharmakon Long Term Care Pharmacy
13. The Capital Group Companies
Councilor Snyder addressed the Council and informed the Council that two companies were
non-compliant and would be contacted and invited to attend the Finance, Administration and
Rules Committee that will meet on Thursday, June 19, 2014 at 5:30 p.m.
ANNOUNCEMENTS
There were none
EXECUTION OF DOCUMENT
ADJOURNMENT
Council President Seidensticker adjourned the meeting at 7:00 p.m.
Respectfully submitted,
f _
% 4'
Clerk-Treasurer Diana L. Core, IAMC
I
Approved,
J
a;
brainard, Mayor
ATTEST:
I, i
Diana L. Cordray, IAMC, Cle /reasurer
I
06;02,/14 CC Meeting Minutes
4
CARMEL REDEVELOPMENT COMMISSION
Carmel Redevelopment Commission
STRATEGIC HIGHLIGHTS
• PAC Refunding will result in Net Savings of$3,480,357 which exceeded the estimated savings of
$2.275 million.
• CRC settled with The Hagerman Group for a total of$730,000. This concludes the legal
disagreements between the CRC,The Hagerman Group,and Crider and Crider.
FINANCIAL HIGHLIGHTS
April Beginning Balance $ 1,241,910
April Revenues $ 17,465
April Expenditures $ 48,670
April Ending Balance $ 1,210,704
OPERATING HIGHLIGHTS
• We are reviewing the opportunity to hire a summer intern with Human Resources.
LOOKING AHEAD
• SEA 118,was signed by the Governor on 3/26/2014. The CRC will be operating as directed in this
bill,as of July 1.
• The CRC will receive responses to the Request for Proposals for the property located at 7th Street
NE and 2nd Avenue NE on 5/27/2014. Bid openings will occur on May 30th at a Special Meeting.
CRC will coordinate with Council on a mutually agreeable sale price per the Amended Resolution
passed at Council.
Corrie Meyer,AICP,RLA,LEED AP
Director
Carmel Redevelopment Commission/Department
May 22,2014
Prepared for David Bowers and Brad Meyer
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 11
FINANCIAL STATEMENT
Financial Statement
APRIL MONTH-END FINANCIAL BALANCE
Ending Balance without Restricted Funds $1,210,704
Ending Balance with Restricted Funds $3,213,553
SUMMARY OF CASH
For the Month Ending April 30,2014
DESCRIPTION ACTUAL BUDGET VARIANCE
Cash Balance as of 4/1/14
1101 Cash $ 498,847.82 $ 498,847.82
1110 TIF Distributions 743,061.79 743,061.79 -
Total Cash $ 1,241,909.61 $ 1,241,909.61 -
Receipts
Clerk-Treasurer Cash $ 17,388.07 $ 183,214.82 $ (165,826.75)_
Clerk-Treasurer TIF 76.52 76.52
Developer Payments -
Total Receipts $ 17,464.59 $ 183,214.82 $ (165,750.23)
Disbursements
Clerk-Treasurer Cash $ 15,224.01 $ 185,931.69 $ 170,707.68
Clerk-Treasurer TIF 33,445.83 33,445.83 -
Total Disbursements $ 48,669.84 $ 219,377.52 $ 170,707.68
1101 Cash $ 501,011.88 $ 496,130.95 $ 4,880.93
1110 TIF Distributions 709,692.48 709,615.96 $ 76.52
Cash Balance 4/30/14 $ 1,210,704.36 $ 1,205,746.91 $ 4,957.45
Total Usable Funds $ 1,210,704.36 $1,205,746.91 $4,957.45
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 12
FINANCIAL STATEMENT
FUND BALANCES AND OUTSTANDING RECEIVABLES
As of 4/30/14
Restricted Funds
Energy Center Reserve $1,001,460
Civic Rent Reserve 1.001.389
Sub-total: 2.002.849
Cash (as seen in Summary of Cash table)
TIF 709,692
Operating 501.012
Sub-total: 1,210.704
Total Funds $3.213.553
Outstanding Receivables
Energy Consumption Payments(1) 24,512
Keystone Group(Bond Enhancement) 172,753
•
Total Outstanding Receivables $197,265
(1)Amounts due reflects months March—May 2014 for the Tarkington
and Office Building One. RE!Real Estate Services,LLC acts as property
manager on behalf of the CRC and collects the Energy Consumption
Payments to be forwarded on to the CRC.
STATEMENT OF CHANGES IN EQUITY
MONTH END: APRIL 2014
DESCRIPTION REVENUE EXPENSES
Total Receipts(Non-Operating) $77
Total Receipts(Operating): $17,338
Expenditures(Non-Operating) $33,446
Expenditures(Operating) $15,224
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 13
FINANCIAL UPDATE
Financial Update
TIF REVENUE AND DEBT
As of the approved January budget,projected TIF Revenue was estimated at$19,240,440.
Bond debt payments will be made in June and December of 2014. Below are the anticipated payments
based on the January approved CRC budget;
MONTH TOTAL
June 2014 $9,357,615
December 2014 $9,334,342
GOING CONCERN
The CRC is managing expenditures to maintain a balanced budget in anticipation of lower TIF Revenue. H.J.
Umbaugh anticipates providing an updated TIF Revenue projection summary at the end of May. Following
this,the CRC will adjust accordingly.
TAKEAWAYS
• Month-end balance is positive.
• The CRC Finance Committee met on 5/21 to review a mid-year budget. The Redevelopment
Commission will take into consideration the discussion from that meeting when voting to approve
an amended budget in June/July.
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 14
1
PROJECT UPDATES
Project Updates
CITY CENTER
• Developer Partner:Pedcor Companies
• Allocation Area:City Center
• Project Summary:
• Use:Mixed-Use
CITY CENTER DIVE ^I
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Figure 1 City Center Master Plan,provided by Pedcor City Center Development Company
• Phase 1—complete
1) Apartments-Demand for apartments remains strong;which supports the occupancy and rental
rates. Current occupancy is at 95%.
2) Retail—Pedcor has leases currently on 91%of the total 79,570 in LSF. The remaining 9%(the old
Mangia,Holy Cow,&Sports Authority locations)of unleased space have future tenants for them,
and are working through the space planning process. Pedcor anticipates to be 100%leased by
August of 2014.
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 15
PROJECT UPDATES
• Nash Building/Parcel 73
1) Project Status—under construction
a) The Nash underground parking garage is 74%complete and currently �'�! -
on budget. The Nash Building first floor framing is completed and wri.
work on the additional floors have started. The project is on budget r ? '
and remaining on schedule,with an anticipated completion date of fall - t'
2014. Approximately half of the 9,000 sf of the retail space has been � ;�� ,'
sbt
leased with strong prospects for the remaining commercial space.
2) Council and/or CRC Action Items Provided by Pedcor City Center
Dev.Co.1
ACTION ITEM CITY COUNCIL CRC
None at this time.
3) CRC Commitments
Provide streetscape along Rangeline Road.
a) Budget
Design/Engineering $5,000(majority of contract
pd.in 2013)
Construction $100,000
b) Design Consultant:American Structurepoint
c) CRC Commitment Schedule
Design%Complete 95%
Anticipated Project out-for-bid June 2014
Proposed Construction Start Date August 2014
Anticipated Project Completion October 2014
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 16
i
•
PROJECT UPDATES
• Phase 2
1) Project Status-designs are schematic and construction has not started.
a) Project initiation discussions are continuing between Pedcor and the CRC. The CRC staff
expects to summarize discussions in June.
2) Proposed Construction/Use Sequence
PROJECT USE START DATE DESIGN RENDERINGS,
PROVIDED BY PEDCOR
Garage A three to four story parking structure, Fall 2014
East which will include approximately 28,000 (garage only) 1...-"
WI
square feet of luxury apartments and. t e ..•
commercial retail/office space. J._--="" �""w.-,= '
Baldwin/ A four story building,of approximately Fall 2014
Chambers 64,000 square feet,which will include
luxury apartments and commercial I r
retail/office space. Pedcor is currently J p L,
working with four commercial businesses _ I, _
who will occupy approximately 14,000 sf of , 1 L• `�+, , i
the commercial space. "- .
Holland A five story building,of approximately Fall 2014
63,000 square feet,which will include -
luxury apartments and commercial . ~
retail/office s ace. 353 �`Ciryr ilit
h au,i on,?-.,�1 1' i
Playfair A five story building,of approximately Fall 2015
63,000 square feet,which will include
luxury apartments and commercial
retail/office space. _
Garage See Garage East note above. Fall 2015
Retail
Pedcor A two story building,of approximately Fall 2015
Office 5 20,000 to 25,000 square feet,which will ,
include office space:
` i ) rPryI �(+
l
�=• . -
; _a
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 17
PROJECT UPDATES
Kent A three story building,of approximately Fall 2015
111,000 square feet of luxury apartments.
J .TM111.11
IrTi.11-
i 7 Ftrisr,6-1fr
Wren A seven story building,of approximately Fall 2016
88,000 square feet,which will include kg#1:tkt
luxury apartments and commercial ,s.41
c
office/retail space.
g r rr bocv,
fiAt•
Windsor A four story building,of approximately Fall 2017
64,000 square feet,which will include
luxury apartments and commercial
office/retail space.
Eastern A building,of approximately 76,000 to Fall 2017
Motor 91,000 square feet,which will include
Court Site luxury apartments and commercial
office/retail space designed so that in the
future it could be in whole,or in part,
converted to hotel rooms and/or hotel
amenities.
Hotel A four story hotel,of approximately 44,000 TBD
square feet,which will include parking.
3) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
None at this time.
4) CRC Commitments
No commitments have been formalized.
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 18
,
PROJECT UPDATES
THE MEZZ/ MONON LOFTS
• Developer Partner:Anderson Birkla
• Allocation Area:City Center
• Project Summary:
• Use:Primary Residential. 42 residential units with 12,000 square feet of office.
• Total project budget:$7.7mm
• Secured Tenants:Fat Atom,Vocare,Anderson Birkla
• Manpower count has remained 12 to 18 men daily for both buildings.
) 1 ) ) -5:-'i i. ' ) ).-•, " ..) , 7 r 1 T 3 -) I 3 r 9 ) ) i $ ) 1
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• el. .;--- ; 'z % F 1 s,4e.'yY L,,d
� yy PMK
Ix ij t ; , Ti fr,
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, OFFICE PARKING GARAGE
-_ � Tr '' 4
dl e., o w
y 3 u ,to-, vuu
lit ) -1. . l _ 't.44 1 -4. - J � I,r,
pC
Nib a !r , t THEATER ' �ti fit! a x�y{i
}(P sT
Y I r{;' ¢� f. ''11 f OFFICE „: !
F r;L _ of !� �._� , s.".- ,:F.^ rig - 7.'••t
y i+r 3RDAVENUE . � S �; • POSTRU- p ' _`
ENfNY
r ..-3,,-..„, W °Ii_,_ti \_ I 1,f� i W t lv 1
r, t�1 1 44.4°:147::' •I t _y . " }pp-—
Figure 2 Image provided by Anderson Birkla
• Anticipated Project Schedule
Office Move In August 1,2014
Residential Move In October,2014
Project complete December,2014
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 19
PROJECT UPDATES
• Mezz Building(3rd Avenue)
1) Project Status-under construction
a) Framing is 70%complete.
b) MEPS-Plumbing under slab rough is 90%completed.Electrical is to begin under slab next
week,Fire Suppression is being designed and will be submitted to the city next week.
c) Roof install is to begin on May 27.
d) Tyvek,Windows,&doors will install later this week.
2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
None at this time.
3) CRC Commitments
Provide parking spaces on 3rd Ave and streetscape on the west and south side of the building,relocate
street utilities.
a) Budget
Design/Engineering Approved and funded with TIF
$8,900 for Utility Relocation monies.
Project is TIF funded.Invoices are
Site Construction $67,021 expected to be paid June-August.
Utility Relocation Project is TIF funded.Invoices are
I $250,000 expected to be paid June-October.
b) Design Consultant:American Structurepoint
c) Construction Contractor:Calumet Civil Contractors
d) CRC Commitment Schedule
Design%Complete 100%
Anticipated Project out-for-bid complete
Proposed Construction Start Date June 2014
Anticipated Project Completion August 2014
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 110
•
PROJECT UPDATES
Monon Lofts Building(Monon side)
)
1) Project Status-under construction
a) Framing is 85%complete.Frame punch is 90%completed.
b) Tyvek,Windows,Doors are now being installed.
c) Spiral stairs will deliver in 2 to 3 weeks.
d) Concrete cutting of the parking garage walls to occur Wednesday.
e) MEPS-Plumbing under slab rough is 90%completed.Plumbing 2nd rough will begin this
week with slab core drilling.Electrical is to begin later this week,Fire Suppression is being
designed and will be submitted to the city this week.
f) Roof will begin Thursday May 22.
2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Create an easement in the Tarkington CRC to approve Resolution at
Garage to allow for an emergency access next meeting.
hallway connecting the parking area and
the new building.
3) CRC Commitments
Monon Connection path,Small pocket park,Monon upgrades
a) Budget
Design/Engineering Not to exceed$75,000
Construction $310,000
b) Design Consultant:American Structurepoint
c) CRC Commitment Schedule
Design%Complete 20%.
Anticipated Project out-for-bid July 2014
Proposed Construction Start Date September 2014
Anticipated Project Completion November 2014
-End of report-
May 22,2014 CRC Report for June 2,2014 City Council Meeting Page 111
.J l ie Conatitutiona t J at hats
canna ,3ndiana
Mr. Ronald E Carter
Councilor At-Large
do Carmel City Hall
Cannel,IN 46032
Dear Councilor Carter:
RE: Request for Transparency from the 4CDC
The purpose of this letter is to specifically and respectfully request that you, as President of the
Cannel City Center Community Development Corporation(4CDC),take immediate action to
fully comply with the terms of public transparency and access to 4CDC records.
The history on this issue is building.
• The State Board of Accounts has cited the 4CDC's role as being problematic in its 2012 audit;
• Clerk-Treasurer Diana Cordray respectfully requested your cooperation in this matter in
November, 2013;
• Ms. Cordray reiterated that request in January, 2014;
• While you initially responded that an answer was being prepared, on February 17, 2014, you
responded publicly to her respectful request with a public statement that the 4CDC would not be
responding.
We feel compelled to say that we find your previous responses doubly disappointing. First,your
response was disappointing in your lack of respect for other elected officials. Your multiple
positions all require some level of cooperation and mutual respect. Second,your response was
disappointing in that it ignores Ordinance D-2108-12 which was passed with your vote,by the
City Council, and signed by Mayor Brainard, providing that `Any entity that receives grants
must agree in writing to comply with the Access to Public Records act, IC 5-14-3-1."
In closing, it is appropriate to note that you are simultaneously the President of the 4CDC and an
elected City Councilor who has taken an oath to serve the public interest. We hope that your
conduct in both roles is not self-contradictory. The role of leadership demands responsibility.
Nearly 200 days have passed since Ms. Cordray made her initial respectful request of you. As
such,the Constitutional Patriots as citizens of Carmel hereby respectfully request that you, as
President of the 4CDC and as a Cannel City Councilor, immediately make the 4CDC's operation
publicly transparent. The time for secrets is past. We respectfully implore you to lead the 4CDC
effectively and in the public interest.
Very truly yours,
Dwight Lile, Co-Founder, Constitutional Patriots
Ordinance D-2108-12 .,
• (As Amended)
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDIANA,AMENDING CHAPTER 2,ARTICLE 1,
SECTION 2-8 (CARMEL REDEVELOPMENT COMIVIISSION),.ESTABLISHING THE
. CARMEL REDEVELOPMENT DEPARTMENT
WHEREAS, the Carmel Common Council("Council") previously organized the Carmel
Redevelopment Commission("CRC")under Cannel City Code § 2-8; and
WHEREAS, since 2008, the CRC actively_avoided Council oversight of its finances;
- and,
WHEREAS, since 2008, the CRC committed to over two hundred million dollars
($200,000,000)of obligations representing indebtedness without Council approval;and,
WHEREAS, in order to further safeguard the public funds received by the CRC, the
Council desires to re-organize the operations of the CRC; arid,
WHEREAS, Indiana Code §' 36-7-1443 requires that all of the territory within the
corporate boundaries of a municipality constitutes a taxing district for the purpose of levying and
collecting special benefits taxes for redevelopment purposes; and,
WHEREAS, Indiana Code § 36-4-4-3 allows the Council to designate particular
departments to perform certain administrative tasks.
NOW,THEREFORE,IT IS AGREED AND ORDAINED by the Common Council of
the City of Cannel,Indiana,as follows:
Section l: The foregoing Recitals are incorporated herein by this reference.
Section 2: Chapter 2, Article 1, Division 1, Section 2-8 of the Carmel City Code should be and
the same is hereby amended as follows:
"§2-8 Redevelopment Commission.
(a) The Common Council established a redevelopment commission;for the City.The
Conunission will be controlled by a board of five members known as the,City of Carmel
Redevelopment Commission(the"CRC .
(b) Pursuant to § 36-7-14-3, all of the territory within the corporate boundaries of the
City constitutes a taxing district to be known as the Redevelopment District of the City for the
purpose of levying and collecting a special benefit tax("SBT") for redevelopment purposes as
provided in the Indiana Code §36-7-14(the'"Act").'The Common Council finds and determines
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that all of the taxable property within this special taxing district will be considered to be and
shall be benefitted by the redevelopment projects carried out under the Act to the extent of the
SBT levied under the Act.
(c) The Common Council shall appoint two members of the CRC. The Mayor shall
appoint three members of the CRC.Notwithstanding the above,no member of the Common •
Council, other elected official, or employee of the City of Carmel shall serve as a member of the
CRC, or be appointed by the CRC to any other body.
(d) The treasurer of the CRC shall be the fiscal officer of the City. To allow the
Council an opportunity to augment the CRC's payment of its debt service, and avoid the
imposition of an SBT,the treasurer of the CRC,or a designee, shall report in writing within three
(3)business days to the Mayor and the Common Council if,to a reasonable business certainty,
the CRC will be unable to satisfy its debt service in any given period of time.
(e) The CRC shall have no employees unless approved by an ordinance or resolution
of the Council. The CRC shall be aided in its duties by a city department known as the Carmel
Redevelopment Department("CRD").
(1) Employees of the CRD shall be city employees, subject to the City salary
ordinance and personnel policies of the City of Carmel.
(2) The budget of the CRD shall be subject to the same process as other City
departments. _
(f) Any entity that receives grants from the CRC must agree in writing to
comply with the Access to Public Records Act, Indiana Code § 5-14-3-1, et seq.,
as it pertains to the grant.
(g) The CRC shall not enter into any obligation, directly or in combination with
or through any affiliate, payable from public funds, secured by public funds or
guaranteed by public funds without first obtaining the approval, by ordinance or
resolution, of the Common Council The approving ordinance or resolution of the
Common Council must include the following:
(1) The maximum amount of the obligation; and,
(2) The maximum interest rate or rates, any provisions for redemption
before maturity, and any provisions for the payment of capitalized interest
associated with the obligation.
(h) The following definitions apply throughout this section.
(1)Affiliate. Any person,board,body or entity subject in any manner to the
direct or indirect influence,control, appointment or direction of the CRC.
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COMMON COUNCIL FOR THE CI •F ' ' EL i
Presi g Officer Kevin D.Rider
40,z,of / ,
i ' i
Richard L. Sharp,Pres•a ent Pro Tempore Carol Schleif
Ron d E. Carter W.Eric Seidensticker
. A
7 i
AL.e.147-, ...e....[ViGa.... 1.....--..—.6,4',_ ..
erw ink•0) uci S der
ATTEST:
Diana L. Cordray,IAMC, Clerk easurer
Presented by me to the 'Mayor of the City of Cannel, Indiana this 0 day of
D c�C'Iet ,2012, at 9: 29 R..M.
Diana L. Cordray,IAMC, Clerk-Treas
Approved by me, Mayor of the City of Cannel, Indiana, this . 1 t day of
QC rel . 2012,at3a7 fM.
:--------- ----------__,
James Brainard,Mayor
ATTEST:
17LZ.)(4 ' / ,
Diana L. Cordray, IAMC, Clerk-Tre.v r
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(2) Obligation. Any bond, note,warrant, lease, synthetic lease, agreement,
swap, derivative,hedge, installment purchase contract, grant, or grant agreement,
either directly or through a third party, or other structure or instrument
constituting indebtedness for purposes of state or federal law, or under which
money is borrowed, or revenue is leveraged. This does not include an agreement
for the purchase of goods or services in which the CRC reimburses an entity for a
specified "per diem"or"per unit"rate for goods or services actually provided,or
made in the ordinary course of business for materials or supplies in an annual
amount not to exceed fifty thousand dollars ($50,000).
(3) Public Funds. All fees, grants,payments, tax receipts and funds of whatever
kind or character coming into the possession of the CRC.
(i) Any professional services contract or agreement to retain consultants or other
professionals, by or with the CRC, in amounts more than twenty-five thousand dollars
($25,000)per year,must be approved by the Council. If such a professional is initially
engaged for less than twenty-five thousand dollars ($25,000)per year, the treasurer of the
CRC may not disburse funds that exceed twenty-five thousand dollars ($25,000)in any
given year without Council approval. Approval under this paragraph shall consist of a
simple majority vote of the Council to a written request filed by the CRC."
Section 3. All other current provisions of City Code Chapter 2, Article 1 shall remain in full
force and effect and are not affected by this Ordinance.
Section 4. All prior ordinances or parts thereof inconsistent with any provision•of this Ordinance
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does
not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and
penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted.
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so
long as enforcement of same can be given the same effect.
Section 6. This Ordinance shall be in full force and effect on January 1, 2013 from and after its
passage and signing by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this I s+-day of •
, 2012, by a vote of 7 ayes and d nays.
Ver.2—October 1,2012(incorporating Finance Committee.recommendations)
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Agency
IC 5-14-3
Chapter 3.Access to Public Records
IC 5-14-3-1
Public policy; construction; burden of proof for nondisclosure
Sec. 1. A fundamental philosophy of the American constitutional form of representative
government is that government is the servant of the people and not their master. Accordingly, it
is the public policy of the state that all persons are entitled to full and complete information
P p Y P
regarding the affairs of government and the official acts of those who represent them as public
officials and employees. Providing persons with the information is an essential function of a
representative government'and an integral part of the routine duties of public officials and
employees,whose duty it is to provide the information. This chapter shall be liberally construed
to implement this policy and place the burden of proof for the nondisclosure of a public record
on the public agency that would deny access to the record and not on the person seeking to
inspect and copy the record.
As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.
IC 5-14-3-2
Definitions