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HomeMy WebLinkAbout10.21.24 CC Meeting Minutes 1 City of Carmel CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 21, 2024 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER Council President Anthony Green, Council Members: Jeff Worrell, Ryan Locke, Rich Taylor, Adam Aasen, Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon Minnaar, and Deputy Clerk Jessica Komp were present. Council President Green called the meeting to order at 6:00 p.m. AGENDA APPROVAL The agenda was approved unanimously. INVOCATION J.R. Sandadi of Hindu Swayamsevak Sangh delivered the invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Major Shane Collins of the Carmel Police Department introduced two new officers, Officer Mitchell Sobek and Officer Joshua Norman. Officers Sobek and Norman were sworn in by Mayor Sue Finkam. Councilor Shannon Minnaar introduced Sky Simpson, a multi–Special Olympic Medalist, who has qualified for the IPF Power Lifting World Open Equipped Championship in Iceland, on November 11th -16th. He will compete with 300 athletes from around the world, with 20 Special Olympians being represented. Sky’s coaches and teachers describe him as compassionate, caring, always willing to help others, and as “The face of inclusion” of Carmel Clay Schools. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL There were none. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS Councilor Joshi announced that Carmel’s first Diwali Festival will be held on Saturday, October 26th, from 5 – 8 p.m. in Midtown Plaza. This event is free and everyone in the community is invited to attend. Council President Green spoke to Council about the move towards greater transparency, and how the Legislative branch and the Executive branch are working together as co-equal branches of government. The Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 2 democratic process of discussion, debate, and sometimes confrontation, are all necessary to work towards a consensus in the decision-making process. To this end, the Common Council had an independent study of the City’s debt performed, by a subjective third party. The Mayor made sure that the books were completely open, so that the study could be conducted thoroughly and correctly. This is a great example of co-equal branches of government working in cooperation. The results of the study were openly shared with the public, unredacted, with nothing hidden. The findings of the study were that the City is in a great financial position, with a great amount of debt capacity. Although that capacity is not unlimited. Through what was learned, Councilor Taylor worked with the Mayor’s CFO, Zac Jackson, to consolidate the debt, freeing up general funds, which could be better used than paying off prior debt obligations. We also learned that we had the capacity to do a $110 million bond to be used for needed infrastructure projects. Councilor Snyder worked together with Chief Infrastructure Officer, Jeremy Kashman, to outline these projects. This is another example of the two branches of government working collaboratively to see that the needs of the City are met. At the beginning of this year, Council President Green reached out to request that the Hotel Carmichael give a full report to the new Council, and Mayor Finkam made it happen. We learned that the hotel had some rough years, especially through the pandemic, but that now the hotel is doing incredibly well, exceeding all expectations of profit. Another item to address is the budget. For years, our revenues greatly exceeded our expenses. This allowed us to give more discretion to our department heads or third parties (such as the Christkindlmrkt) on spending. Now, expenses are growing at a rate greater than that of revenue. We are not in immediate danger, but now is the time to get a hold on our expenses, with more oversight. President Green then addressed the Christkindlmrkt, and the different concerns that were expressed by citizens at the October 7th Common Council meeting, particularly in terms of communication between the Mayor’s Office and the Market CEO & Board, or lack thereof. President Green shared that the Mayor’s Office reports that there were five separate requests to the Market to provide financial information between May 28th and July 10th. Additionally, he shared that he had consulted with the Council’s outside Counsel on the governing structure of the Christkindlmrkt. It is that Counsel’s opinion that the Mayor is the sole appointing authority for the Christkindlmrkt, and she is absolutely within her legal rights to appoint or remove any board member at any time for any reason. Lastly, some residents were calling for an investigation. President Green does not personally feel that this would be warranted, based on the facts of the situation. But if a quorum of Councilors wish to launch an investigation, they will have to make that known during the “Other Business” portion of this meeting. Mayor Finkam then spoke, thanking Council President Green for his comments. She stated that she wished to clarify that the Christkindlmrkt Chair did give her information, but it was not everything that had been asked for, and the remaining information has still not been received. The Mayor also thanked the Council for all the work they have done on the City’s budget. CONSENT AGENDA Councilor Minnaar moved to approve the consent agenda. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. The consent agenda was approved 9-0. a. Approval of Minutes 1. October 7, 2024 Regular Meeting b. Claims 1. Payroll - $3,740,674.35 2. General Claims – $2,464,871.92 Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 3 3. Retirement – $110,705.10 4. Wire Transfers - $2,268,740.07 ACTION ON MAYORAL VETOES There were none. COMMITTEE REPORTS Councilor Worrell reported that the Finance, Utilities and Rules Committee met on Monday, October 14th to discuss Resolution CC 10-07-24-04. Later that day, the committee reconvened to discuss the other ten items on the agenda, which will be addressed as they come up during this meeting. Councilor Snyder reported that the Land Use and Special Studies Committee is still discussing the UDO and the Parks’ Interlocal Agreement. The committee will not be meeting this Wednesday, October 23rd. The next meeting will be the regularly scheduled date of November 20th. OTHER REPORTS – (at the first meeting of the month specified below): There were none. OLD BUSINESS Council President Green announced the fourth reading of Ordinance D-2726-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal Agreement; Sponsor(s): Councilor(s) Snyder and Taylor. This items remains in the Land Use and Special Studies Committee. Council President Green announced Resolution CC-10-07-24-04; A Preliminary Resolution Designating an Economic Revitalization Area and Qualifying Certain Personal Property for Tax Abatement – The Alliance for Cooperative Energy Services Power Marketing, LLC; Sponsor(s): Councilor(s) Joshi and Worrell. This resolution had been sent to the Finance, Utilities and Rules Committee. Councilor Worrell shared that the Finance Committee returns this item with a favorable recommendation, as they feel it makes sense for this property. Director of Economic Development, Nick Weber, then explained how the process works to grant a new tax abatement. If this preliminary resolution is passed tonight, there will then be a public notice in the newspaper, and the taxing entities will also be notified of a public hearing at the next Council meeting, where an additional resolution will be presented to approve the tax abatement. Councilor Aasen moved to approve the resolution. Councilor Taylor seconded the motion. There was no discussion. Council President Green called for the vote. Resolution CC-10-07-24-04 approved 7-2. (Councilors Locke and Snyder opposed.) Council President Green announced the second reading of Ordinance D-2744-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of General Obligation Bonds for the Purpose of Providing Funds to Refinance Certain Capital Equipment Leases and Incidental Expenses in Connection Therewith and on Account of the Issuance and Sale of the 2024 Bonds and Appropriating the Proceeds Derived from the Sale of Such Bonds; Sponsor: Councilor Taylor. Councilor Worrell stated that after meeting with Bond Counsel and municipal advisors, and getting all questions answered, this item returns from the Finance, Utilities and Rules Committee with a positive recommendation. However, a public hearing is required for this ordinance, which will happen on October 30th, due to the public notice for said hearing not being published in time for today’s meeting. This item was then held over for a public hearing. Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 4 Council President Green announced the second reading of Ordinance D-2737-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating the Carmel Surtax Fund and Imposing a Motor Vehicle License Excise Surtax; Sponsor(s): Councilor(s) Green and Aasen. Returns from the Finance, Utilities and Rules Committee. Councilor Worrell stated that both this ordinance and the next on the agenda (the Wheel Tax ordinance) are returning from the Finance, Utilities and Rules Committee with a positive recommendation. Although no one likes or wants to impose these taxes, the information that we have received from the Indiana Legislature, via Mayor Finkam, advises us that this is something we need to do. Councilor Aasen moved to approve. Councilor Minnaar seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2737-24 approved 7-2. (Councilors Taylor and Ayers opposed.) Council President Green announced the second reading of Ordinance D-2738-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating the Carmel Wheel Tax Fund and Imposing a Municipal Wheel Tax, Sponsor(s): Councilor(s) Green and Aasen. Councilor Worrell again stated that this returns from the Finance, Utilities and Rules Committee with a positive recommendation. Councilor Aasen moved to approve. Councilor Minnaar seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2738-24 approved 7-2. (Councilors Taylor and Ayers opposed.) Council President Green announced the second reading of Ordinance D-2732-24; An Ordinance of the Common Council of Carmel, Indiana, Establishing the Appropriations for the 2025 Budget; Sponsor(s): Councilor(s) Green and Aasen. Council President Green pulled this item out of the Budget Committee, to which it had previously been sent. President Green asked City CFO Zak Jackson to explain the changes that have been made to this ordinance since its introduction on October 7th. Mr. Jackson showed that through the process of refining the budget, the total has decreased by around $1.8 million, from $234,766,605.00 to $232,976,712.59. Changes include the removal of new positions in the Marketing Department and the Intergovernmental Affairs position, reduction of rebranding expenses, reduction of small maintenance projects, and more. The total General Fund revenues for next year are $147 million. Our original budget appropriated $146 million, and these new reductions will further decrease it by around $1.7 million. Councilor Snyder then expressed his appreciation for everyone involved in working through the budget process. He stated that the budget that has been reached is extremely different than the one that was initially presented. He stated that Henry Mestetsky, Director of Redevelopment, is excellent at his job, and that Carmel needs him. He stated that he disagrees entirely with the position that Carmel needs a rebranding, as Carmel is a thriving city, and not a brand that is failing. He appreciated the Mayor’s professionalism throughout this process, as well. Councilor Taylor then moved to amend the budget to this version presented by Zac Jackson. Councilor Worrell seconded the motion. There was no discussion. Council President Green called for the vote. Motion to Amend Ordinance D-2732-24 approved 9-0. Council President Green then asked for comments regarding any line items that the Council wished to address. Councilor Snyder stated that he would like to amend the Police Budget’s line item for clothing allowance. Since new officers are not eligible for the clothing stipend during their first year, $12,000.00 could be deducted from this account without affecting the current officers’ clothing stipend. Councilor Snyder moved to reduce the Clothing Allowance line item from $241,500.00 to $229,500.00. Councilor Locke seconded the motion. There was no discussion. Council President Green called for the vote. Motion approved 9-0. Councilor Worrell stated that he would like to amend the Board of Public Works’ stipend to be more in line with that of the Plan Commission, which is $125.00 per meeting. This would change the Part-Time line item from $24,0000.00 to $9,000.00. It would also remove the FICA line item of $1,500.00 and remove the Medicare line item of $350.00. Councilor Worrell moved to make these reductions. Councilor Snyder seconded. There was no further discussion. Council President Green called for the vote. Motion approved 9- 0. Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 5 Councilor Snyder stated that he would like to reduce the Economic Development Department’s line item for Stationery from $2,750.00 to $1,750.00, as this line items shows a 1,275% budget increase. Councilor Locke seconded the motion. Zac Jackson stated that this department did not exist last year, so the only prior budget to compare it to would be a partial budget that was approved this Spring. There was no further discussion. Council President Green called for the vote. Motion approved 7-2. (Councilors Green and Joshi opposed.) Councilor Snyder asked Mr. Jackson to identify what the $30,000.00 of Miscellaneous Supplies in the Economic Development budget are for. Nick Weber told Council that those funds are for the Carmel Bounce Back program (also known as “Make My Move”), which incentivizes former Carmel residents to move back to Carmel. Councilor Snyder also asked about the $155,000.00 in the department’s budget for Consulting Fees. Mr. Weber explained that these funds would pay for Data Generation and Analysis of the value that developers get when choosing Carmel. Having this information puts us in a better negotiating position. Councilor Taylor stated that he is highly supportive of this expenditure. Councilor Snyder moved that the Other Professional Fees line item in the Economic Development Budget be reduced from $40,000.00 to $20,000.00. Mr. Weber explained that this $40,000.00 is the other part to the Carmel Bounce Back program. Councilor Locke explained that this budget might look like it’s grown, but it hasn’t grown at the same rate that Carmel has grown. From a fiscal perspective, we have less resources for the assessed value of the property in our city, because of the growth of our city based on the state tax cap. That puts us in a position that we have to make sure that the money we’re spending helps us reach that level of service that our constituents and our city need to support that increased value, which is why we’ve been a little more strategic in our removal of items from the budget this year, so as to ensure that that growth is sustained in a way that we don’t increase too much moving forward. We are not cutting just to cut, but we don’t want to appropriate money to programs before we know if they are worthwhile. In terms of the Make My Move program, Councilor Locke stated that he is not sure whether or not this endeavor makes sense, when we already have more people moving to Carmel than we have the housing supply to accommodate. Councilor Taylor explained that the chart of accounts does not perfectly describe what that budgeted amount pertains to. That’s why we are asking these questions, because the account being called “Other Professional Fees” does not automatically let us know that it holds funds for the Make My Move program. Councilor Aasen stated that he agrees with Councilor Locke regarding this program, and questions why we need to entice or incentivize people to move to our city, when we don’t have enough housing. He stated he would like to learn more about the program before diving headfirst into it. Councilor Joshi stated that these questions are so important because we need to know exactly what we are voting on, to best represent our citizens and let them know what they are getting from their budget. Councilor Snyder stated that based on this discussion, he is withdrawing his motion, and instead moving that we zero out the “Other Professional Fee” line item. Councilor Worrell seconded the motion. President Green asked if there was any further discussion. Councilor Worrell stated that he some of these programs feel a little “P.R.-ish”, and that he'd rather see us pay attention to the companies that are already in Carmel. We can give abatements to new businesses, but what are we doing for those that are already here, invested in our community and paying their taxes? That is the highest priority to him. There was no further discussion. President Green called for the vote. Motion approved 8-1. (Councilor Taylor opposed.) Councilor Locke then moved that we go back to that $30,000.00 in the Economic Development line item for Miscellaneous Supplies, related to the Make My Move program, and remove it. Zac Jackson stated that he had already removed that $30,000.00, but he may have mistakenly taken it out of CRC Grants instead. Councilor Locke amended his motion to move the $30,000.00 from Miscellaneous Supplies to CRC Grants, which shouldn’t have been reduced. Councilor Joshi seconded. Zac Jackson stated that the removal of this $30,000.00 from Miscellaneous Supplies would take away the entire $70,000.00 for the Make My Move program. There was no further discussion. Council President Green called for the vote. Motion approved 8-1. (Taylor opposed.) Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 6 Councilor Snyder asked Bradley Pease, City Engineer, about the Other Miscellaneous line item in the Engineering Department budget. Mr. Pease did not have the specifics available for that line. Jeremy Kashman, Chief Infrastructure Officer, stated that this item is utilized for other traffic equipment, such as traffic counting signs, levels, hardhats. Councilor Locke then asked about the $80,000.00 of Other Professional Services in the Marketing and Communications (MAC) budget. Mayor Finkam responded that this line item was reduced to two-thirds of the previous amount. There were previously three consultants, now that contract has been reduced to just one PR consultant. Councilor Worrell asked about paying for outside videographer services, and where that would be found in the MAC budget. Mayor Finkam responded that she does not believe we have funds for that in 2025, and that we have our own videographer now. Councilor Snyder asked about the MAC budget line item of $276,000.00 for City Promotional Advertising. Zac Jackson responded that this item was reduced by $100,000.00. He then detailed what this line item was comprised of, including funds for Pedcor, which puts on Oktoberfest. Kelly Douglas explained how Pedcor uses these funds to put on events such as Oktoberfest or Sip ‘n Shop, which drives business to City Center. Councilor Snyder then asked about MAC’s 617% increase in Promotional Printing. Ms. Douglas responded that this is due to items being correctly appropriated to the correct buckets. These funds are for print advertising for anything in The Current, Indy Star, Carmel City Lifestyle, etc. These are expenditures we have had in past budgets, but they are now more correctly categorized. Councilor Aasen asked about City Website Fees of $125,000.00. Ms. Douglas stated that this is for website redesign as well as hosting fees. Councilor Aasen asked if a redesign is prudent at this time, as we should get through the rebrand first. Councilor Snyder stated that he could get behind a redesign of the website, because he finds it very difficult to navigate. Councilor Minnaar asked about hosting fees and Ms. Douglas responded that the cost depends on the functionality of the website. Councilor Joshi thanked Ms. Douglas for spelling out the advertising dollars in the budget the way she did, as it made it much easier to understand. Councilor Locke asked about $334,160.00 in Special Projects and also if we could discuss the festivals/city events piece further. Mayor Finkam stated that we will be doing a quarterly review going forward, so we can analyze the festivals and events that took place, what was spent, what the success was or wasn’t, and what we’ve learned. This will help us to be able to say to Council in the future, “This is what we want to do, and this is what it will cost,” when we seek appropriations. Ms. Douglas detailed what the Special Projects line item consists of, including numerous committees, advisory commissions, meeting room rentals, hospitality items, and more. Councilor Locke also asked about line items for hardware and software, and how that differs from communications equipment, video equipment, etc. Zac Jackson clarified that software used by every employee in every department is built into the IT department’s budget. If it’s something that’s more specific to a certain department, then that is built into that department’s budget. Councilor Snyder asked about Building Repairs and Maintenance under Facilities Management, in the amount of $600,000.00. Councilor Snyder proposed a cut of $393,550.00, as the amount of $600,000.00 would be a capital improvement, and could be better funded not out of the general fund. Mayor Finkam asked if some of the needed repairs/improvements could be funded out of the bond we just approved. Councilor Worrell asked if the renovations to City Hall that happened this year would affect next year’s budget, and Mayor Finkam answered no. Councilor Taylor spoke about how all of this questioning points to the need for a long-term capital asset management plan, which would outline the expected expenses each year. Mr. Jackson responded that he did include $100,000.00 in the budget for the Finance department to do a 20-year capital master plan. Councilor Taylor concurred that it would cost more than that, but suggested a Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 7 Performance Contracting Delivery method, which is what the Parks Department did, so that the vendors who respond to an RFI for this type of study could use it as a loss-lead to hopefully get the work later down the road. Councilor Taylor said he would support this endeavor to create a master plan. With over 40 city building to maintain, both Councilors Minnaar and Joshi confirmed their support for coming up with such a plan. After all of this discussion, Councilor Snyder moved that we remove $400,000.00 from this line item, leaving $200,000.00. We would rather spend funds on a study that will lay out a capital master plan for the future. Councilor Worrell seconded the motion. There was no further discussion. Council President Green called for the vote. Motion approved 9-0. Councilor Locke spoke about how this has been a learning process for this Council, and how they have had to be super creative in this process, because of our city’s incredible growth. Carmel is growing faster than we are allowed to grow our revenue. So for every new piece of infrastructure we add, for every new citizen that moves here, they receive a little less pro-rata distribution of the tax dollars that are collected, because we’re not allowed to grow our revenue that fast. Councilor Minnaar also reiterated that this was a very interesting learning process as a new Councilor. She thanked the department heads for their collaborative work during this budgeting process. Councilor Snyder asked Zac Jackson to total up the General Fund at this point. Dr. Joshi spoke about the importance of setting aside 1% for the arts, which are Carmel’s calling card. Mr. Jackson responded that everything else apart from the Arts Support line item totals $142.45 million. Councilor Joshi made a motion to amend the line item for Arts Support to $1.47 million. Councilor Minnaar seconded the motion. Councilor Taylor stated that this is based on expected revenue, which is not guaranteed. Councilor Aasen pointed out that this money isn’t spent until it’s appropriated. We can monitor our revenue and adjust these expenses accordingly. We have an ordinance that states we can use up to 1% of revenue for supporting the arts, but we don’t want to go over that and violate our own ordinance. There was no further discussion. Council President Green called for the vote. Motion to amend Arts Support to $1.47 million approved 9-0. Council President Green then asked for a motion to approve the budget with all of the aforementioned amendments. Councilor Snyder moved to approve the amended budget. Councilor Joshi seconded. There was no further discussion. Council President Green called for the vote. Motion to approve Ordinance D- 2732-24 as amended, approved 9-0. Council President Green announced the second reading of Ordinance D-2734-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2025; Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers. This returned from the Finance, Utilities and Rules Committee with a favorable recommendation. Councilor Worrell made a motion to approve the ordinance. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2734-24 approved 9-0. Council President Green announced the second reading of Ordinance D-2733-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Deputies and Employees of the Carmel City Clerk for the Year 2025; Sponsor(s): Councilor(s) Aasen, Ayers and Taylor. This returned from the Finance, Utilities and Rules Committee with a favorable recommendation. Councilor Worrell moved to approve. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2733-24 approved 9-0. Council President Green announced the second reading of Ordinance D-2735-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. This item had been in the Finance, Utilities and Rules Committee. Council President Green pulled it out of committee. Based on Council feedback, Zac Jackson made changes to this ordinance. The Director of Communications Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 8 position that had been inadvertently removed was put back in. The Chief of Staff salary was reduced. The Intergovernmental Affairs Liaison position was eliminated. There were corrections to the Master Patrol Officer and the Master Firefighter positions. Councilor Worrell then asked Samantha Karn, Corporation Counsel, about the BPW Appointees’ compensation, changing it from an annual amount of $8,785.00 to a payment of $125.00 per meeting attended, including special meetings, such as training, which is the same as Plan Commission. Councilor Snyder commented that he did not remember asking for the Chief of Staff salary reduction, and he does not feel comfortable with that happening. Mayor Finkam thanked Councilor Snyder for taking that position, because she, too, felt that the Chief of Staff salary should not be reduced. Councilor Worrell then made a motion to amend version B of this ordinance to keep the Chief of Staff salary where it was, and to change the BPW stipend to match the Plan Commission’s compensation. Councilor Snyder seconded, and then commented that it may have been his comments that were misinterpreted, but he never wanted this position’s salary to be reduced. There was no further discussion. Council President Green called for the vote. Motion to Amend approved 9-0. Councilor Aasen moved to approve the ordinance as amended. Councilor Minnaar seconded. Councilor Locke asked if Zac Jackson could verify if the intent is for all employees to get a 3% raise. Mr. Jackson confirmed that intent and said that we are at the beginning of doing a salary study, so this classification system of positions is going to get a complete overhaul. There was no further discussion. Council President Green called for the vote. Ordinance D-2735-24 approved as amended, 9-0. Council President Green announced the second reading of Ordinance D-2736-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. This returns from the Finance, Utilities and Rules Committee with a positive recommendation. Councilor Minnaar moved to approve the ordinance. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2736-24 approved 8-1. (Councilor Snyder opposed.) Council President Green announced the second reading of Ordinance D-2739-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Article 4, Sections 2-94, 2-106 and 2-150 and Adding Sections 2-154 and 2-155 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item returned from the Finance, Utilities and Rules Committee with a positive recommendation. Councilor Worrell stated that this ordinance creates the Surtax and Wheel Tax funds for the collected monies to be moved to. Councilor Aasen moved to approve the ordinance. Councilor Minnaar seconded. There was no discussion. Ordinance D-2739-24 approved 8-1. (Councilor Ayers opposed.) Council President Green announced the second reading of Ordinance D-2740-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2- 10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item remains in the Finance, Utilities and Rules Committee. Council President Green announced the second reading of Ordinance D-2741-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item remains in the Finance, Utilities and Rules Committee. PUBLIC HEARINGS Council President Green announced the first reading of Ordinance D-2742-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Operating Balance of the General Fund; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into business. Councilor Snyder seconded. Councilor Aasen Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 9 presented the item to Council. Zac Jackson explained that the Department of Local Government Finance (DLGF) took exception to the inclusion of the Supplemental LIT Distribution when Council adopted the budget last year. DLGF cut this out of last year’s budget, so this ordinance restores the amount of the cuts that were made last year. Councilor Worrell stated that the amount is $17,343,102.00. Council President Green started the public hearing at 9:23 p.m. Seeing no one who wished to address the Council, President Green closed the public hearing at 9:24 p.m. Councilor Taylor moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Motion to Suspend the Rules approved 9-0. Councilor Taylor moved to approve the ordinance. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2742- 24 approved 9-0. Council President Green announced the first reading of Ordinance D-2743-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Opioid Settlement Fund (256) into the Subscription Software Line Item (4355600); Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into business. Councilor Taylor seconded. Councilor Aasen presented the item to Council. Zac Jackson reminded the Council that the city is getting two streams of funding pertaining to the Opioid Settlement dollars. One is the restricted fund, which must be used for mental health or opioid treatment type services. The other stream is unrestricted, which can be used for anything. We would like to appropriate those funds for Flock safety cameras for the city. Council President Green opened the public hearing at 9:26 p.m. Seeing no one who wished to speak, he closed the public hearing at 9:27 p.m. Councilor Snyder moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Motion to Suspend the Rules approved 9-0. Councilor Snyder moved to approve the ordinance. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2743-24 approved 9-0. Council President Green announced the last Public Hearing item on the agenda, the Petition for Alley/Street Vacation or Order to Remove Obstructions; 40 East Main Street, Carmel, IN 46032; Carmel Library Associates, LLC, Property Owner. Councilor Snyder moved to introduce the item into business. Councilor Aasen seconded. Christine Altman, of Carmel Library Associates, spoke. Carmel Library Associates owns the property in question located at 40 East Main Street. Ms. Altman stated that this petition is to remedy an obstruction which is prohibiting her tenant, Woody’s restaurant, from removing their trash from the alley behind the building. When Lot One was developed, the owner inserted a railing, which is the obstruction. The alley is unplatted, which means the owner is undetermined. This was for the benefit for the abutting properties. Ms. Altman has asked the developer under what authority did they place the obstruction? The developer made a variance request in April of 2024 of the BPW, and Ms. Altman’s stance is that the BPW does not have the authority to allow obstructions by state statute. Her other position is that this is not a right of way. It is solely for the use and convenience of the adjoining owners. Ms. Altman is going to file an amended petition, because during the process of filing this petition, Lot One Partners transferred ownership of their property to the Homeowner’s Association. To make sure that the proper authorities were sufficiently notified, Ms. Altman will send an amended petition to the HOA of the property. She requests that the Council keep this public hearing open, until an ordinance is submitted, so that she can assure proper notice was given. Jeremy Kashman stated that the plan is to bring the letter to the next Board of Public Works meeting, asking for the obstruction to be moved. Mr. Kashman stated that then we could blend the sidewalk surface with the alleyway surface, and then everything would be ADA compliant. He also stated that the removal of an obstruction is a Board of Public Works item, an alleyway vacation is a Council item. Councilor Aasen asked how this situation came to be. Ms. Altman stated that she had absolutely no communication on this project at all. She believes communication from the developer may have been made with her tenant, but the communication did not get passed to her. She only learned of the obstruction when she saw in the newspaper that variances would be allowed or disallowed, well after they were already in place. Councilor Aasen stated that this speaks to a bigger conversation about making sure that when we do Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 10 future CRC projects, we do not negatively impact the surrounding buildings and businesses. Councilor Worrell asked who would pay for the removal of the obstruction. Ms. Altman stated that is the Developer’s responsibility. This item was then sent to the Land Use and Special Studies Committee. This will stay on the agenda, and we will find out if it is taken care of by the Board of Public Works. NEW BUSINESS Council President Green announced Resolution CC-10-21-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, to Limit the Rate for Taxes Payable in 2025 and Authorize Necessary Temporary Borrowing Among City Funds; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce. Councilor Snyder seconded. Councilor Aasen presented the item to Council. Zac Jackson explained that this is a standard procedure that we go through every year, submitting this type of resolution to the DLGF describing where the property tax rate will fall and where those dollars will be allocated. Councilor Aasen made a motion to approve the resolution. Councilor Snyder seconded. There was no discussion. Council President Green called for the vote. Resolution CC-10-21-24-01 approved 9-0. AGENDA ADD-ON ITEMS There were none. OTHER BUSINESS Councilor Worrell asked what the Councilors should do if there are still questions from constituents regarding the Christkindlmrkt and who owns it/controls it. Councilor Taylor stated that according to the IRS form, this is a parent-subsidiary relationship between the Type I organization and the supporting organization that formed it. Councilor Worrell also asked the Mayor if she has all of the financial information that she is looking for. Mayor Finkam stated that they are comprising a list of things that they still need to accurately determine the financial health of the market. They are asking for reimbursement of the four contracts that were taken out. Councilor Aasen stated that he appreciates all of the information that’s been presented, and with such a willing cooperation going forward, there’s not a need to discuss an investigation at this time. But there still are a lot of questions that the Councilors are being asked by their constituents, and he would like to have a public discussion of those issues. Councilor Locke stated that he’s not certain that he understands the relationship between the city and the non-profit, and he wants to make sure that the non-profit is protected the correct way, from a legal standpoint. Councilor Snyder asked who the current Council Liaison to the Christkindlmrkt Board is. It was Councilor Worrell last year, but we do not have one now. Councilor Taylor stated that legally, it is very clear who owns the Market, and who controls it. In his mind, that issue is settled. Where he thinks some people have an issue is with the manner in which the Mayor replaced the Board. We can investigate that all day long, but at the end of the day, it is 100% in the Mayor’s purview to handle that the way she wants. He then asked the Council if they still feel there are actual legal questions to be answered. Councilor Aasen stated that he doesn’t feel that this late hour at the end of a long meeting is the time to decide this matter. A lot of people really care about the Market and have asked questions, but maybe we should wait until after this year’s Market. Council or Locke stated that a third-party attorney that understands non-profit law could help us ensure that we are doing things in such a way as to not run afoul of the protections that the organization needs, and to not bring unintended liability onto the city, or anyone affiliated with the Market. Councilor Worrell stated that the CKM Board continues to retain Ice Miller as counsel, and Ice Miller had a problem with the city owning the Market. He asked the Mayor and Ms. Karn if they had any knowledge of the problem Ice Miller had with the ownership. Ms. Karn stated that this concern has been resolved, with the Board signing the document regarding said concerns as a binding agreement. Councilor Worrell asked if that document could be shared with the Council. Councilor Aasen told Councilor Locke that an outside counsel could be hired if we were doing an investigation. Councilor Locke responded that he is not recommending that. Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74 11 ANNOUNCEMENTS Councilor Snyder reminded everyone of the Diwali Festival this Saturday, October 26th. ADJOURNMENT Council President Green adjourned the meeting at 10:14 p.m. Respectfully Submitted, _______________________________ Jacob Quinn, Clerk Approved, ATTEST: _______________________________ Anthony Green, Council President _______________________________ Jacob Quinn, Clerk Docusign Envelope ID: CC89333B-AF74-44B3-8953-5FBD47055E74