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
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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.
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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 ($180,000); Sponsors: Councilors Seidensticker and Snyder.
c. Resolution CC- 10- 01- 12 -01; A Resolution of the Common Council of the City of
Carmel, Indiana, to Set Taxes Payable in 2013 and Authorization of Borrowing Between
Funds; Sponsors: Councilors Sharp and Snyder.
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13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENT
16. ADJOURNMENT
10/01/ 12 CC Meeting Agenda
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COMMON COUNCIL
MEETING MINUTES
MONDAY, OCTOBER 1, 2012 - 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric
Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider, Clerk- Treasurer Diana L.
Cordray and Deputy Clerk Treasurer Lois Fine.
Mayor Brainard called the meeting to order at 6:01 p.m.
Reverend Patti Payntor, Carmel United Methodist Church, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Seidensticker made a motion to approve minutes from the September 17, 2012 Regular
Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called
for the vote. Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
John Accetturo, addressed the Council regarding the City's debt ranking.
Cheri Dick, addressed the Council and gave a report on the Arts and Culture at the Booth
Tarkington Civic Theatre.
Dwight Lile, representing the Constitutional Patriots, addressed the Council regarding the Carmel
Redevelopment Commission refinance.
Mike Shaver, addressed the Council regarding the Carmel Redevelopment debt.
COUNCIL, MAYORAL AND CLERK - TREASURER COMMENTS /OBSERVATIONS:
Clerk- Treasurer Diana L. Cordray addressed Mike Shaver's comments regarding the dollar ($) threshold
for consulting contracts.
Mayor Brainard and Councilor Sharp addressed Mr. Accetturo's comments regarding the City's debt
ranking.
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Councilor Snyder addressed the Council regarding the Hamilton County Humane Society.
IACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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