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HomeMy WebLinkAbout10-01-2012Office of the Clerk - Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, OCTOBER 1, 2012 - 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. September 17, 2012 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 August, 2012 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee e. Report from the Council Appointee to the Redevelopment Commission ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 1 10. OLD BUSINESS a. Ninth Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the City of Carmel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement); Sponsor: Councilor Rider. Remains in the Utilities, Transportation and Public Safety Committee. b. Ninth Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2 -48 (Deferred Compensation Plan) of the Carmel City Code; Sponsors: Councilors Rider, Sharp, Snyder, Carter, Schleif and Finkam. Remains in the Finance, Administration and Rules Committee. c. Seventh Reading of Ordinance D- 2098 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Carmel, Indiana, General Fund for use in the Support The Arts Fund ($1,358,000); Sponsor: Councilor Sharp. Remains in the Finance, Administration and Rules Committee. d. Second Reading of Ordinance D- 2102 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk- Treasurer, City of Carmel, Indiana, for the Year 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. e. Second Reading of Ordinance D- 2103 -12; 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 2013; Sponsors: Councilors Seidensticker and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. f. Second Reading of Ordinance D- 2104 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Cannel, Indiana, for the Year 2013; Sponsor: Councilor Sharp. Sent to the Utilities, Transportation and Public Safety Committee. g. Second Reading of Ordinance D- 2105 -12; 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 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. h. Third Reading of Ordinance D- 2106 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Policy Regarding Nepotism and Contracting with the City to be Codified in City Code Chapter 2, Article 5, Sections 2- 181(City Policy Regarding Nepotism) and 2 -189 (City Policy Regarding Contracting with the City by Relatives of Elected Officials); Sponsor: Councilor Sharp. 2 i. Second Reading of Ordinance D- 2108 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Section 2 -8 (Redevelopment Commission), Establishing the Cannel Redevelopment Department; Sponsors: Councilors Sharp, Seidensticker and Snyder. J. 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. k. Second Reading of Ordinance Z- 560 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Extending the Sunset Provision on the Process for Demolition of Contributing Buildings Old Town District Overlay Zone in the Carmel Zoning Ordinance; Sponsor: Councilor Rider. 1. Second Reading of Ordinance Z- 561 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the City of Carmel Sign Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. 11. PUBLIC HEARINGS a. Fifth Reading of Ordinance D- 2100 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission to Refinance Certain Obligations ($195,000,000); Sponsors: Councilors Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. b. First Reading of Ordinance D- 2101 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2013 Budget ($119,097,244); Sponsors: Councilors Sharp and Snyder. (Notice Published 9/10/12 and 9/17/11). 12. NEW BUSINESS a. First Reading of Ordinance D- 2109 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinance of the City of Carmel, Indiana (ALP 2nd Quarter Codification); Sponsor: Councilor Snyder. b. First Reading of Ordinance D- 2110 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($570,000) from the Operating Balance of the General Fund; Carmel Police Department Uniformed PERF ($390, 000); Communications Center — Other Contracted Services ($180,000); Sponsors: Councilors Seidensticker and Snyder. c. Resolution CC- 10- 01- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, to Set Taxes Payable in 2013 and Authorization of Borrowing Between Funds; Sponsors: Councilors Sharp and Snyder. 3 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 10/01/ 12 CC Meeting Agenda 4 COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 1, 2012 - 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk- Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Mayor Brainard called the meeting to order at 6:01 p.m. Reverend Patti Payntor, Carmel United Methodist Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the September 17, 2012 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7 -0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: John Accetturo, addressed the Council regarding the City's debt ranking. Cheri Dick, addressed the Council and gave a report on the Arts and Culture at the Booth Tarkington Civic Theatre. Dwight Lile, representing the Constitutional Patriots, addressed the Council regarding the Carmel Redevelopment Commission refinance. Mike Shaver, addressed the Council regarding the Carmel Redevelopment debt. COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS: Clerk- Treasurer Diana L. Cordray addressed Mike Shaver's comments regarding the dollar ($) threshold for consulting contracts. Mayor Brainard and Councilor Sharp addressed Mr. Accetturo's comments regarding the City's debt ranking. 1 Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. IACTION ON MAYORAL VETOES: There were none. CLAIMS: 1 1 Councilor Seidensticker made a motion to approve claims in the amount of $2,420,331.07. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7 -0. Wire Transfers Month of August, 2012. Councilor Snyder made a motion to acknowledge wire transfers in the amount of $961,542.27. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote. Wire transfers were acknowledged 7 -0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had met on September 20th and discussed Ordinance D- 2100 -12, Ordinance D- 2106 -12 and Ordinance D- 2108 -12. Ordinance D- 2106 -12 was forwarded back to the Council with a 4 -0 favorable recommendation and Ordinance D- 2108 -12 was forwarded back to the Council with a favorable recommendation with proposed amendments. The committee met on September 28th and discussed Ordinance D- 2095 -12 (this meeting was held at American Pension Advisors). The next meeting will be held on Wednesday, October 3, 2012 at 5:30 to discuss Ordinance D- 2095 -12. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had met and discussed Resolution CC- 09- 17 -12 -01 which remains in committee, Ordinance Z- 560 -12 which was forwarded back to the Council with a favorable recommendation and Ordinance Z- 561 -12 which remains in committee. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Rider reported that the Utilities, Transportation and Public Safety Committee had not met. The next meeting will be held on Monday, October 8, 2012 at 5:30 p.m. Dave Bowers, Council representative on the Carmel Redevelopment Commission, was available for questions of the Council regarding the financial activities of the Carmel Redevelopment Commission. There was brief Council discussion. Les Olds, Executive Director, Carmel Redevelopment Commission, addressed the Council. There was brief Council discussion. OLD BUSINESS Council President Sharp announced the Ninth Reading of Ordinance D- 2092 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the City of Carmel and the Indiana Department of Transportation Pertaining to a Landscape Maintenance Agreement); Sponsor: Councilor Rider. Remains in the Utilities, Transportation and Public Safety Committee. This item was not discussed. 2 Council President Sharp announced the Ninth Reading of Ordinance D- 2095 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2- 48 (Deferred Compensation Plan) of the Carmel City Code; Sponsors: Councilors Rider, Sharp, Snyder, Carter, Schleif and Finkam. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Sharp announced the Seventh Reading of Ordinance D- 2098 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation of Monies from the City of Carmel, Indiana, General Fund for use in the Support The Arts Fund ($1,358,000); Sponsor: Councilor Sharp. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2102 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk- Treasurer, City of Carmel, Indiana, for the Year 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2103 -12; 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 2013; Sponsors: Councilors Seidensticker and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2104 -12; 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 2013; Sponsor: Councilor Sharp. Sent to the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D- 2105 -12; 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 2013; Sponsors: Councilors Seidensticker, Sharp and Snyder. Sent to the Utilities, Transportation and Public Safety Committee. This item was not discussed. Council President Sharp announced the Third Reading of Ordinance D- 2106 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Policy Regarding Nepotism and Contracting with the City to be Codified in City Code Chapter 2, Article 5, Sections 2- 181(City Policy Regarding Nepotism) and 2 -189 (City Policy Regarding Contracting with the City by Relatives of Elected Officials); Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council. This item was referred back to the Council with a 4 -0 favorable recommendation. Councilor Snyder made a motion to approve Ordinance D- 2106 -12. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2106 -12 was adopted 7 -0. Council President Sharp announced the Second Reading of Ordinance D- 2108 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Section 2 -8 (Redevelopment Commission), Establishing the Carmel Redevelopment Department. Councilor Snyder presented the Finance, Administration and Rules Committee report to the Council and referred to Tom Perkins, Attorney, Frost Brown Todd to present proposed Ordinance D- 2108 -12 As Amended, Version 2 — October 1, 2012 (incorporating Finance Committee recommendations) to the Council for discussion. There was no Council discussion. Councilor Seidensticker made a motion to amend Ordinance 3 D- 2108 -12, substituting in whole. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend Ordinance D- 2108 -12 was approved 7 -0. Councilor Seidensticker made a motion to incorporate lines 96 — 101by inserting (i) Any professional services contract or agreement to retain consultants or other professionals, by or with the CRC, in amounts more than twenty- thousand dollars ($20, 000) per year, must be approved by the Council. If such a professional is initially engaged for less than twenty- thousand dollars ($20, 000) per year, the treasurer of the CRC may not disburse funds that exceed twenty- thousand dollars ($20, 000) in any given year without Council approval. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend the amendment Failed 2 -5 (Councilors Finkam, Snyder, Carter and Rider opposed). Councilor Snyder made a motion to amend the amendment by using the language contained in lines 96 — 101 read into the record by Councilor Seidensticker earlier by substituting $25,000 for $20,000 on lines 98, 99 and 100. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend the amendment was approved 5 -2 (Councilors Finkam and Carter opposed). There was brief Council discussion. Councilor Schleif made a motion to Amend Ordinance D- 2108 -12 As amended, line 117, Section 6 by inserting January 1, 2013. Councilor Snyder seconded. Mayor Brainard addressed the Council. There was additional Council discussion. Councilor Rider made a motion to amend the amendment by inserting at the end of line 101 - Approval under this paragraph shall consist of a simple majority vote of the Council to a written request filed by the CRC. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the vote. The motion to amend the amendment was approved 7 -0. Councilor Seidensticker made a motion to approve Ordinance D- 2108 -12 As Amended. Councilor Schleif seconded. There was brief Council discussion. Councilor Carter asked for clarification of Clerk - Treasurer Diana L. Cordray. Clerk - Treasurer Diana L. Cordray addressed Councilor Carter. Council President Sharp called for the vote. Ordinance D- 2108 -12 As Amended was adopted 7 -0. Council President Sharp 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 Sharp announced the Second Reading of Ordinance Z- 560 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Extending the Sunset Provision on the Process for Demolition of Contributing Buildings Old Town District Overlay Zone in the Carmel Zoning Ordinance. Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council. This item was referred back to the Council with a favorable recommendation. Councilor Seidensticker made a motion to approve Ordinance Z- 560 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance Z- 560 -12 was adopted 7 -0. Council President Sharp announced the Second Reading of Ordinance Z- 561 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the City of Carmel Sign Ordinance; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. PUBLIC HEARINGS Council President Sharp announced the Fifth Reading of Ordinance D- 2100 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission to Refinance Certain 4 Obligations ($195,000,000); Sponsors: Councilors Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. Council President Sharp opened the Public Hearing at 7:23 p.m. John Accetturo and Bob Wallace addressed the Council with concerns regarding this Ordinance. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 7:27 p.m. This item was not discussed. Council President Sharp announced the First Reading of Ordinance D- 2101 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2013 Budget ($119,097,244). Councilor Rider made a motion to move this item into business. Councilor Finkam seconded. Council President Sharp referred to Mayor Brainard to present this item to the Council. Mayor Brainard referred to Curt Coonrod to address the Council. There was brief Council discussion. Council President Sharp opened the Public Hearing at 8:02 p.m. Bob Wallace and Kyle Kinnemon addressed the Council with concerns regarding this Ordinance. Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:09 p.m. Council President informed the Council that a Special Meeting would be noticed to only discuss Ordinance D- 2101 -12. Clerk- Treasurer Diana L. Cordray addressed the Council. NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D- 2109 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinance of the City of Carmel, Indiana (ALP 2'' Quarter Codification). Councilor Seidensticker made a motion to move this item into business. Councilor Schleif seconded. Councilor Snyder presented this item to the Council. Councilor Seidensticker 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 Sharp called for the vote. The motion was approved 7 -0. Councilor Seidensticker made a motion to approve Ordinance D- 2109 -12. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Ordinance D- 2109 -12 was adopted 7 -0. Council President Sharp announced the First Reading of Ordinance D- 2110 -12; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($570,000) from the Operating Balance of the General Fund; Carmel Police Department Uniformed PERF ($390,000); Communications Center — Other Contracted Services ($180, 000). Councilor Seidensticker made a motion to move this item into business. Councilor Snyder seconded. Councilor Seidensticker presented this item to the Council. There was no Council discussion. This item will be held over to the October 15, 2012 meeting for a Public Hearing. Council President Sharp announced Resolution CC- 10- O1- 12 -01; A Resolution of the Common Council of the City of Carmel, Indiana, to Set Taxes Payable in 2013 and Authorization of Borrowing Between Funds. Councilor Snyder made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Snyder presented this item to the Council. There was no Council discussion. This item will be placed on the Council agenda when Ordinance D- 2101 -12 (2013 City Budget) is scheduled for adoption. 5 OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 8:24 p.m. Respectfully submitted, ATTEST: Diana L. Cordray, IAMC, Clerk-Tit surer I0/01'I2 Cc: Meeting Minutes Clerk- Treasurer Diana L. Cordray, IAM Approved, ames Brainard, Mayor 6 CARMEL REDEVELOPMENT COMMISSION October 1, 2012 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 9/21/12) CRC Meetings • Upcoming Meetings: o Wednesday, September 26, 2012 at 6:00 p.m. — Special Meeting o Wednesday, October 17, 2012 at 6:30 p.m. — Regular Meeting Financial Matters: • The end of month August CRC Non Operating and Operating balance is $583,369 CRC Public/Private Partnerships: 1. City Center — CRC /Pedcor LLC (Parcel #5) a. The Motor Court west wall construction work is complete. The window box displays are being used to display marketing materials for the various City Center tenants. The Mayor has directed that Pedcor Management handle all aspects of the display box use and keep the CRC out of any management. b. Signature has reviewed the bids for building D and will make a determination as to how to proceed. Site planning and coordination of utilities are being coordinated by CSO based on future building to complete City Center. Moving forward on the project will require review and approval by City Council. CSO Engineers is revising the site plan to move the building east about 18'. This will allow an additional row of parking on the west side of the building. The diagonal parking on the east side will be removed, leaving street parallel parking. c. Pedcor Phase II project agreement was reviewed at the May 3, 2012 special meeting. The CRC approved the project, subject to City Council approval of the proposed financing. The City Council President, Mr. Rick Sharp, informed Mr. Olds after the August 16, 2012 City Council Finance Committee meeting that the City Council would not be reviewing any other debt instruments related to projects until the bond issue has been resolved. Therefore, the Phase II Nash Building financial structure needed to be included in the CRC debt refinance structure that the City Council is reviewing and commenting on. d. At its regular June 20, 2012 meeting, the CRC approved the funding of a stair connecting the Motor Court and Veterans Way upper level to the lower level grade and a sidewalk to the Monon Trail. The Commission authorized spending $129,000, subject to City Council approval of the proposed financing. The design and cost package was submitted to the City Council at the July 16, 2012 City Council meeting. The City Council has passed this along to the Finance Committee. The Finance Committee scheduled the review and discussion of this package at their August 16, 2012 meeting. 1 Contracts are being prepared and sent for execution. This direction to start the construction of the Parcel #5 stair project #2 came from the City Council and the CRC. Stair Project #1, the "Limestone Stairs" is being value engineered. e. The Mayor has authorized the use of the Palladium Landscape funds, which does not increase our debt burden and therefore does not require the City Council to take any specific action. For both stair packages #1 and #2 we will be using existing funds on hand from several different accounts. We have value engineered stair package #1 by removing the limestone treads and replacing them with a poured in place limestone aggregate, anti - spalling compound with a limestone colored tint to the concrete to match the existing limestone color. We will award a contract to Verkler Construction in the amount of $389,550, which includes a 5% contingency. 2. The Palladium (Parcel #7 -A) a. CRC continues to acquire quotes for miscellaneous equipment for the Palladium. This information will come to the Commission's attention as well as the Finance sub- committee. Palladium staff has issued a list of specific equipment needed. This list was submitted by "priority of need." b. The landscape drawings for the Palladium Landscape bid package have been revised by the Construction Manager to reflect scope changes. Direction from the CRC and the City Council will determine the path forward. We will need to make a decision to determine the best path forward with the limestone that was fabricated and bound together for shipping. If we don't release the Palladium Landscape package, we will need to either ship the limestone to Carmel or unbind the limestone over winter. 3. Energy Center Piping Extensions to City Buildings (Parcel #7 -C) a. Contract work at all buildings is complete. Training occurred on Monday, July 16, 2012. b. The CRC authorized the Project Agreement and related documents with regard to the conveyance and redevelopment of the Monon Parcel 7C Lofts and Third Avenue Parcel 7C Office Building with Anderson Birkla. Anderson Birkla is conducting all of the necessary due diligence required to close on the property. Anderson Birkla has hired CSO Architects to act as the architect for the project. The CRC will provide limited site engineering for the project to complete the 7C project per the master plans. c. CRC staff is working with the City Engineer on the storm water revision running east and west along the south property line. 4. Arts District Lofts & Shoppes — CRC /Keystone Development (Parcel #47) a. Work on the first phase of the west side of the Monon Trail between Main Street and 1st St NW is complete. The second phase has been bid out and two bids were received. The low bid was $85,000. The Cannel Clay Parks Department will contribute $50,000 towards the project. CRC staff met with Mark Westenneier of the Parks Department to 2 determine if he could fund the balance of the job and he informed us that he didn't have the capability at this time. b. The CRC staff is working with the Plan Review Panel sub - committee to come up with a final design of the courtyard, based on Rundell & Ernstberger's design concepts. Keystone Construction, developer of the project, has been involved in the process. A meeting with the Mayor, the CRC and the Developer is scheduled to come to closure on the design. c. Bike Parking is being reviewed and discussed by the CRC Staff, Department of Community Services and the Sophia Square developer. David LittleJohn and the Department of Community Services worked in conjunction with the CRC to put together a plan. The developer has reviewed and commented on the plan and now Mr. LittleJohn, the CRC and the Mayor will need to provide their input as to how to move forward. d. Keystone Construction has requested loading dock modifications with time frames for move in /out of apartments as well as pickup and delivery of food, trash, materials, etc. To define the area will require the removal of two on street, parallel parking spaces. The CRC staff has directed Keystone to take this request to the City of Carmel's Board of Public Works as this is public right of way. City Legal and Engineering are working to finalize an ordinance package that will come before the City Council for their review and input. There is no specific timeline at this point. e. The developer and the City Departments have worked out the final details and the Department of Community Service has granted the occupancy pennit for the garage. This will allow the developer the opportunity to turn the garage over to the City. The City and Developer are working on a Parking Management Agreement that will outline the sharing of costs. 5. PNC Bank Site (Parcel #51) a. The Mayor has met with PNC's President for Indiana to discuss the bank's long range plans for their Main Street property. PNC has yet to answer the Carmel City Legal staff on the known site contamination issues on the south side of the property. 6. Miscellaneous Projects a. The Grain Tower - Laboratory tests were received and they indicate that the concrete DOES NOT exhibit hazardous characteristics. With the test results in hand August Mack and Casey Bertram are working with IDEM to get a few adjustments to their work plan. The team is working on the erosion plan and finalizing paper work by including test results. From there, we will receive adjusted pricing from both for the final remediation. The remediation process will be much cheaper now that the material can all be taken to one waste site and the waste site does not need to be hazardous. 3 STANDING WATCH The purpose of government is to protect citizens from each other the purpose of the Constitution is to protect citizens from government. Our first Constitution was adopted by a few committee members who acted without a public vote...and it FAILED. In 1851, our present Constitution was voted approval by the people. Consequently, our Indiana governments derive their lawful authority as prescribed by the Constitution from the people of Indiana. Which brings us to this: Common Council members are required by law, specifically Article 15, Section 4 of the Indiana Constitution, to swear or affirm support of the Constitution. The Constitution appoints only the Legislative branch as the fiscal body. Yet, we still have a REDEVELOPMENT COMMISSION that borrows monies without Council knowledge or approval. Article 3, Section 1 of the Constitution requires the separation of government powers into three distinct departments: the LEGISLATIVE ( Council), the EXECUTIVE (Mayor) and the JUDICIAL (the Courts). It further states that NO PERSON charged with official duties under one of 4-r-1-RC H m E NT / CA en' L e /T y C ou'uc,L m I D 2.. these departments, shall exercise any of the functions of another, except by Constitutional prescription. The Council alone has Constitutional authority to approve disbursal of monies. Yet, we still have a REDEVELOPMENT COMMISSION that borrows monies without Council knowledge or approval. As a citizen, I read the Constitution to say of itself that it is "plainly worded ". There was no effort to write vague concepts into the document. It is clear and it is forceful. Therefore, to the citizens who understood, approved and enumerated the powers of Indiana's government, only the Council is authorized to approve expenditures. Yet, we still have a REDEVELOPMENT COMMISSION that borrows monies without Council knowledge or approval. While there is ample reason for confusion about fiscal authority due to Attorney General Greg Zoellers' Official Opinion 2010 -3, duty demands that a proper test of the Opinion be mounted. Please consider these facts: 1) Though asked repeatedly by The Constitutional Patriots, and verbally agreed, the Attorney General has refused to meet for the purpose of discussing the Constitutionality of his Opinion 2010 -3. (letter attached) 2) When asked at a recent Fishers Republican Club meeting whether the Constitution is superior to Indiana Statute, the AG mumbled a rambling response that conveyed no information other than his deep desire to avoid responding. 3) The AG was careful in his Opinion to ascribe statutory authority to redevelopment commissions, but consideration of Constitutional constraint was omitted. 4) In a public newspaper article, the Mayor stated he "went around the Council" because "he didn't have the votes ". This should reasonably be construed as an acknowledgement of, and admitted usurpation of Legislative authority. 5) In a public newspaper article, the Mayor stated he had "always planned to ask the Council to refinance ". This is an acknowledgement that the Council has legal authority to borrow. In view of the aforementioned facts, it is entirely reasonable to assert that the Constitutional protections afforded to Indiana Citizens have been breached by various interests and ought to be reasserted, reaffirmed, and re- established, but how should it be done? A second set of facts is noteworthy in development of an answer as to what might be done to protect, preserve and defend the Constitution: 1) On the night of 13SEP12, Loren Mathes of the Umbaugh company stated that the Carmel Redevelopment Commission had been "in trouble" for two years. Since she has been their consultant for many years, it is reasonable to assume that her knowledge was contemporaneous with the loan requests. This begs the question "How does one qualify for multiple loans of multiple $millions when one is in trouble ". 2) The Umbaugh company helped qualify CRC for additional loan(s) during that two years with knowledge of CRC financial weakness, as implied by the financial knowledge of CRC claimed by Loren Mathes. Specifically, work on Certificates of Participation Series 2010A, 2010B, and 2010C were somehow qualified, in spite of CRC financial trouble. 3) Certificates of Participation obtained during parts of 2010 -2012 are drawn with punitive features such as interest rates at nearly three times prime rate and extraordinary prepayment penalties. That there was a predatory intent by the lender appears evident. The certificates are also constructed with interest only payments at the beginning of the amortization schedule, which further testifies to Carmel CRC's financial weakness, and likely the lender's understanding of abnormal financial risk. 4) If the CRC were found by the court to be unable to bind contracts for various kinds of debt, the City of Carmel would be released from what may be misapprehended as an obligation to assume CRC debt. 5) A court test of the constitutionality of autonomous redevelopment commission borrowing authority would clarify Carmel's legal and moral obligation to provide CRC with the requested bailout. Also, other Indiana towns might be saved from such financial hardship in the future, possibly avoiding many municipal bankruptcies. In summary, the Council is in a position to test the Constitutionality of Indiana code referenced in AG Zoellers' Opinion 2010 -3, and thereby exert its belief in the Constitution and its obligation to citizens first. The Council may, if successful, relieve the debt claims of what might be predatory lenders through a bankruptcy proceeding. For other small communities, Carmel's opposition to the unconstitutional interpretation of state statute may in itself afford financial protection from reckless redevelopment commissions and predatory lenders around the state. As a city, we can do a lot to better our state. There is more than money at risk: the question is whether we will be ruled by a centrally controlled "top down" government, or will we remain free citizens of the Republic, under the Constitution. If our Constitution is allowed to dissolve, our way of life will dissolve with it. Please, don't let that happen while you stand watch. Respectfully Submitted, Dwight Lite, Co- founder The Constitutional Patriots July 19, 2012 Dwight Lie, Co- founder The Constitutional Patriots. PAC 10508 Connaught Drive Carmel, Indiana 46032 The Honorable Greg Zoeller Attorney General Office of the Indiana Attorney General Fifth Floor, Indiana Government Center South 302 West Washington Street Indianapolis, Indiana 46204 Dear Mr. Zoeller, Pursuant to your kind offer at the Indiana Republican Convention, I am requesting we meet for the purpose of discussing Official Opinion 2010 -3. Senator Jim Banks will be in attendance also, along with others who share our concern. We would like to add clarity to our understanding of municipal legal boundaries in limiting redevelopment commission authority. Carmel has acted on your suggestion and recently adopted an ordinance that may be of benefit to other municipalities in requiring legislative /executive consensus in redevelopment borrowing. That is , if the ordinance can withstand potential legal challenges. If Carmel's efforts may be evaluated as legally sound by your office, substantial wholesomeness can be restored to the local government of Indiana. My personal concern is what appears to be a loss of Constitutional checks and balances. While I am not a Constitutional scholar, as a citizen, I am certain that the framers of Indiana's Constitution meant for all branches of government to be accountable to the people and to each other. This protection of the people against abuse by government seems to have been ignored by the legislature, as revealed in Official Opinion 2010 -3. Aside from concerns about redevelopment commissions, we are also eager to avoid any public response to the Opinion that might impede your re- election efforts. It is our hope that your work in Indiana continue in force and effect. All of us admire your character and accomplishments, and would like to see the office of the Attorney General remain under your guidance. kfrv Dwight Lile, co- founder The Constitutional Patriots, PAC 317 - 873 -3216 whose oversight the mayor and co s- sion have shunned for`four years,: the commission's only^ real; choices. are -to. raise: faxes <on CarII el property::owners or r attempt a difficult and questionable debt restructuring. So'.instead ;the: redevelop rent com riission'is asking_ the City ;Council to'approve bond`stolowerinter- est ratesRon; the 'debt::: ' ':= '!`, Thepopular mayor.ren ains deter . mined; to continue the construction boom that; helpedycatapult Carmel,tothe top of ;. = Money Magazine's 2012 .list ot the na- ion's most livable cities:, But;: the: City Council has.: the - political =leverage:- toslow him down for the first;ti ne in years Its members say they intend to bail _out the mayor;and redevelopment commission, but not.without reining in what some call Brainard'sreckless: spending:., Brainard f.0414.0'#* omm n thevalu� provements rthe'c scion ha including ;tile artscenteras we] ae; ai -and co rimercial project City: Center d various deveig t2ie-dow_ ntowi` "Carmel'Arts &'I) • - "It'3:iti the_best interest'of4t ` a y .ers t � g ," Bremer e Pailadiuiti ;'_1 the Cent tinder state taw the Carmel Re oper`attons or those of a nonpr Cerine City Center•Caminanity evelopXment Comenissron is not allowed to use commeraz fit 'such as the Center for the Performing Arts: But: by leve )evelopment Corp.;. Carmel= was able to drewupontlines c refinance and et abetter`rate said "Money ,Magazine design mel as;the bestYpiace to, live They:told =us redevelopment projects really made a difference in thee• decision "; How.much each side, is willing.to.com -. ;promise could 'determine:= tlie'dire ction Carmel takes for years to come H :the s sl F Ike Perhaps `two statements. best =dramatize_ the level` of. political maneuv_ eri ig -that led to this moment: When,asked:why the 'redevelopment commission went around the City - Council to fi =ice Carrne1's'is-mktk Brainard's ., car: pie He dn't ava`tii cotes d141ielie_ved`m iistviaiiin Ste ie bypassed tlISicouncIl c '� t:But virlietirasked`wiiyalie di l not s `borrowiria:'wiien3ttie coin fission's <fi == ` nances.grevv tight, he said he'always s , . . rglarined>. to:a §k= ale•Citq�Council�to�re�= Now;lie:needs >permission if he wan to spend= more °And, ttse council rwants control "No one denies the "projects are _ lovely," said CityCouncil President Rick • Sharp `But the b "ottom °line -is, we forced'; the pace of development in an arttfici manner without an adequate'fuianci The problems trace:ba piece'of the five= term;niayorc 's °gr development vision:: the Center for. t Perforninig,Arts, with its signature drum- concert, hall : ` When Carmel setout to build a, world- ,class perfortising- arts;center'in 2005,; 'Brainard and the City Council agreed to. issue.$80 million in bonds: to fund con strtiction: "At the: time, Brainard said.a nonprofit: group.would raise tens -of millions'of dot- lags to pay for upgrades and-an endow- ment to help fund operations at thie REDEVEi OPMENT- �' Ct9MMISSION :` he commission,grants money 1 e CarmelnCity Center Commun Development Corp. (4CDC) a The money is sent to the redevelopment commission and the Center for the P nlonevfoL.th4SQ $5.3 million-to" the Center for, the -Peroorming Arts for *ON Ce t=. upnolaing;ttie.practice.. . The opinion stunned not only t_ he Cit Council, but also Luke Kenley,-a power state senator who: wrote parts of there velopment law, :whickallows cities public_ money to spur{development pr& jects', Kenley, R- Noblesville, has twice trodured legislation to'closethe'loophs Both'times, it died in the House He sail he intends to reintroduce the bill next s `; This year, Kenley told the.Indtana•G ;erai= Assembly that redevelopment cop iriissions which operate in many 00 iticiudwg Inslianapoiis Noblesv a sn Greenwood re "a shadow Bove € ';. ment"<that sliould;be`rebed in Even as the.Car ael= Kealeve in t :Commission .was p o t re. thsr at could lisi -rd t • ARTICLE 15. Miscellaneous. Section 1. All officers, whose appointment is not otherwise provided for in this Constitution, shall be chosen in such manner as now is, or hereafter may be, prescribed by law. Section 2. When the duration of any office is not provided for by this Constitution, it may be declared by law; and, if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the General Assembly shall not create any office, the tenure of which shall be longer than four years. Section 3. Whenever it is provided in this Constitution, or in any law which may be hereafter passed, that any officer, other than a member of the General Assembly, shall hold his office for any given term, the same shall be construed to mean, that such officer shall hold his office for such term, and until his successor shall have been elected and qualified. Section 4. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation, to support the Constitution of this State, and of the United States, and also an oath of office. Section 5. There shall be a Seal of State, kept by the Governor for official purposes, which shall be called the Seal of the State of Indiana. Section 6. All commissions shall issue in the name of the State, shall be signed by the Governor, sealed with the State Seal, and attested by the Secretary of State. Section 7. No county shall be reduced to an area less than four hundred square miles; nor shall any county, under that area, be further reduced. Section 8. (History: Repealed November 8, 1988). Section 9. The following grounds owned by the State in Indianapolis, namely: the State House Square, the Governor's Circle, and so much of out -lot numbered one hundred and forty- seven, as lies north of the arm of the Central Canal, shall not be sold or leased. Section 10. It shall be the duty of the General Assembly, to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. ARTICLE 3. Distribution of Powers. Section 1. The powers of the Government are divided into three separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided. 4TT4 CHmENT 1 Page t