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Home My WebLink About06-16-2014 a'•.. 14 City of Carmel la .' O.N • A '� !/1111 Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, JUNE 16, 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. June 2, 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 d. Wire Transfers: Month of May 2014 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 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2414 1 10. OLD BUSINESS a. Sixteenth Reading of Ordinance D-2154-13; An Ordinance of the Common Council of the City of Carmel, Indiana,Establishing a Depai talent 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. b. Thirteenth 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. c. 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. d. 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. e. 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 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-2169-14; An Ordinance of the Common Council of the City of Carmel,Indiana,Enacting and Adopting a Supplement to the Code of Ordinances of the City of Cannel,Indiana(4t11 Quarter Codification); Sponsor: Councilor Snyder. b. Resolution CC-06-16-14-01; A Resolution of the Common Council of the City of Cannel, Indiana, Approving and Adopting an Interlocal Agreement Between the City of Cannel,Indiana, and Hamilton County, Indiana, Concerning E911 Frequencies; Sponsor(s): Councilor(s)Rider and Snyder. c. Resolution CC-06-16-14-02; A Resolution of the Common Council of the City of Cannel, Indiana,Approving Cannel Redevelopment Commission Agreement for Professional Services with Walter P.Moore&Associates,Inc. (P.O. #31771 - $250,000); Sponsor(s): Councilor(s) Carter,Finkam and Snyder. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 06!16/14 CC Meeting Agenda 2 COMMON COUNCIL MEETING MINUTES MONDAY, JUNE 16, 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, Richard L. Sharp, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk Lois Craig. Councilor Schleif was not in attendance. I Mayor Brainard called the meeting to order at 6:00 p.m. Pastor Sam Howard, The Gathering in Carmel,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 June 2, 2014 Regular Meeting. Councilor Finkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. Minutes were approved 5-0 (Councilor Rider abstained). RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Michael Klitzing, representing the Carmel Clay Parks &Recreation,presented an update on the Parks Accreditation and informed the Council that the Carmel Clay Parks and Recreation was selected as a finalist for the Gold Medal Award for excellence in Parks and Recreation Administration. Lime Jokl addressed the Council regarding the ordinance that limits the number of hens a homeowner can keep on their property. Kathy Wallace, speaking for Dwight Lile (The Constitutional Patriots),read a prepared letter regarding the transparency of the Carmel City Center Development Commission(attachment 1). COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. 1 Mayor Brainard and Councilor Sharp addressed Mr. Lile's comments in the letter that were read by Kathy Wallace. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Sharp made a motion to approve claims in the amount of$2,006,351.96. Councilor Snyder seconded. There was brief Council discussion concerning a claim to HC Carmel LLC in the amount of $85,195. Council President Seidensticker called for the vote. Claims were approved 6-0. Wire Transfers: Month of May 2014: Councilor Snyder made a motion to acknowledge wire transfers in the amount of$3,541,292.09. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Wire Transfers were acknowledged 6-0. 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 had met and discussed Resolution CC-09-17-12-01 (C3 Plan)which remains in committee. The next meeting will be held on Monday, July 7, 2014 at 5:00 p.m. Councilor Carter reported that the Parks,Recreation and Arts Committee had met and discussed the Monon,plans for Monon repaving and safety education for bicyclist on the Monon. Also in attendance were Mark Westermeier, Director, Carmel Clay Parks and Recreation and David Littlejohn, City of Carmel Alternative Transportation Director. Councilor Snyder reported that the Utilities, Transportation and Public Safety Committee had met and discussed Ordinance D-2154-13 and Ordinance D-2162-13. These items remain in committee. OLD BUSINESS Council President Seidensticker announced the Sixteenth 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(7/14/14). This item was not discussed. Council President Seidensticker announced the Thirteenth 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 (7/14/14). 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 2 2009"Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee (7/7/14). This item was not discussed. Council President Seidensticker announced Resolution CC-06-16-14-03 (Formerly 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). Without objection from the Council, Council President Seidensticker lifted this item from the Finance, Administration and Rules Committee. Councilor Snyder addressed the Council and read an opinion letter from Bruce Donaldson, Bond Counsel, Barnes &Thornburg. Councilor Snyder made a motion to approve Resolution CC-06-16-14-03. Councilor Rider seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Resolution CC-06-16-14-03 was adopted 6-0. Council President Seidensticker announced Resolution CC-06-16-14-04 (Formerly 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 Carmel from Sale of Real Property(10401 and 10403 Pennsylvania Street). Without objection from the Council, Council President Seidensticker lifted this item from the Finance, Administration and Rules Committee. Councilor Snyder addressed the Council and read an opinion letter from Bruce Donaldson,Bond Counsel, Barnes &Thornburg. Councilor Snyder made a motion to approve Resolution CC-06-16-14-04. Councilor Rider seconded. There was brief Council discussion. Council President Seidensticker called for the vote. Resolution CC-06-16-14-04 was adopted 6-0. PUBLIC HEARINGS There were none. NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D-2169-14; 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(4`h Quarter Codification). Councilor Snyder made a motion to move this item into business. Councilor Finkam seconded. Councilor Snyder presented this item to the Council. Councilor Rider made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Finkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. The motion was approved 6-0. Councilor Rider made a motion to approve Ordinance D-2169-14. Councilor Finkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. Ordinance D-2169-14 was adopted 6-0. Council President Seidensticker announced Resolution CC-06-16-14-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement Between the City of Cannel, Indiana, and Hamilton County, Indiana, Concerning E911 Frequencies. Councilor Rider made a motion to move this item into business. Councilor Snyder seconded. Councilor Rider presented this item to the Council. There was no Council discussion. Councilor Rider made a motion to approve Resolution CC-06-16-14-01. Councilor Finkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC-06-16-14-01 was adopted 6-0. Council President Seidensticker announced Resolution CC-06-16-14-02; A Resolution of the Common Council of the City of Cannel, Indiana, Approving Cannel Redevelopment Commission Agreement for Professional Services with Walter P. Moore &Associates, Inc. (P.O. #31771 - $250,000). Councilor 3 Carter made a motion to move this item into business. Councilor Finkam seconded. Councilor Carter presented this item to the Council. There was brief Council discussion. Corrie Meyer, Executive Director, Carmel Redevelopment Commission, addressed the Council. Councilor Sharp made a motion to approve Resolution CC-06-16-14-02. Councilor Finkam seconded. There was no Council discussion. Council President Seidensticker called for the vote. Resolution CC-06-16-14-02 was adopted 6-0. OTHER BUSINESS Corrie Meyer, Executive Director, Cannel Redevelopment Commission,provided an update on the Cannel Redevelopment Commission projects. Councilor Snyder reported an update on current companies that have received Tax Abatement from the City. The City has approved tax abatements for thirteen companies. Two companies did not file their CF-1 (compliance statement)with the City. Flywheel, d/b/a Young at Heart and Pharmakon were sent a certified letter informing them to send a representative of the company to attend the Finance, Administration and Rules Committee meeting on Thursday, June 19, 2014 at 5:30. Clerk-Treasurer Diana L. Cordray addressed the Council. Without objection from the Council, the remaining eleven companies CF-1's would be signed by Council President Seidensticker. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 6:56 p.m. Respectfully submitted, g Clerk-Treasurer Diana L. Cordray, C Approved, es Brainard, Mayor ATTEST: 3 fa 5 Diana L. Cordray, IAMC, Clerk- .r;asurer 06:"16%11 CC Meeting Minutes 4 Carmel City Councilors City-Hall -One Civic Square Carmel,IN 46032 Dear City Councilors: RE: Request for City Council Assistance In Inducing Transparency at the 4CDC As you know,on June 2nd,I respectfully asked Councilor Ron Carter,as President of the 4CDC,to provide public transparency in accordance with Ordinance D-2108-12.I respectfully noted that Councilor Carter voted in favor of Ordinance D-2108-12, which requires the 4CDC to comply with the terms of Access to Public Records laws. To date,I have received no response from Councilor Carter with regard to my request. However,I was informed by a third party that Councilor Carter allegedly offered that the 4CDC had"not denied"any request to review the records.I respectfully note that I find such"double-negative"responses to be disingenuous."Not denying"transparency is not the same as actually providing transparency. Such word games do not constitute a proper response to the request.They simply represent obfuscation. But more importantly,Councilor Carter's double-negative allegation of"not denying" transparency directly and factually refutes his own public testimony on February 17, where he told the world that the 4CDC would not answer the Clerk-Treasurer's request.If one expects to make progress toward honesty,one cannot directly refute one's own words. Councilor Carter pronounced publicly that the 4CDC would not respond to Ms. Cordray's request for SBOA audit compliance and there continues to be no response. Those words cannot be`fan-said,"but their error can be corrected by compliance with requirements of transparency as specified in Ordinance D-2108-12 and IC 5-14-3-1. The sequence of these events brings me now to turn my request to the City Council and the Mayor to compel transparency from the 4CDC.The City Council appoints one of the Directors of the 4CDC,and the Mayor appoints the other two. As the appointing authorities,the Council and Mayor are authorized to direct their appointees to serve the public interest,and to comply with the legislative intent. But in addition to your authority to appoint Directors,I respectfully reiterate the importance of D-2108-12,and the provision that"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."The ordinance was passed unanimously,and therefore,I request that the terms of the ordinance be enforced by those Councilors and Mayor who 1 voted in favor.Anything less is not credible. Given these undisputed facts,therefore,I respectfully request that the City Council provide specific written direction-to-their appointed-Director(s)-of the 4CDC to immediately and fully comply with the terms of the ordinance,as well as to the Access to Public Records Act.This promise was made to the people of Carmel using due process,and we hope that your intent was to have your promise respected,rather than ignored. I am providing a copy of this letter to Mayor Brainard. I note that the Mayor signed the same ordinance, and I note that the Mayor appointed both Mr.Ron Carter and Mr.Jack Ragland to the 4CDC Board. - In closing,I reiterate that these requests are made respectfully,but emphatically. The 4CDC has been treated with immense respect in requests dating back to 2013, and the public has yet to receive a commensurate response. Transparency is a cornerstone of American democracy. As the Act,itself, states, "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 regarding the affairs of government...." We trust that neither these words,nor the words of Ordinance D-2108-12,were intended as empty rhetoric,and we respectfully request that you,as elected officials,step forward to require fulfillment of the terms of the legislation which you duly passed.Please inform your appointee(s)to the 4CDC to fulfill the legislative imperative and require full and complete transparency from the 4CDC,immediately and without further obfuscation. Very truly yours, Dwight Lilt,Co-founder The Constitutional Patriots 2 i �N