HomeMy WebLinkAbout03.06.23 CC Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, MARCH 6, 2023 – 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1. CALL TO ORDER
2. AGENDA APPROVAL
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
a. Proclamation Recognizing Save Soil Day
6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8. CONSENT AGENDA
a. Approval of Minutes
1. February 20, 2023 Regular Meeting
b. Claims
1. Payroll $3,515,839.94
2. General Claims $1,582,638.63
9. ACTION ON MAYORAL VETOES
10. COMMITTEE REPORTS
a. Finance, Utilities and Rules Committee
b. Land Use and Special Studies Committee
c. All reports designated by the Chair to qualify for placement under this category.
11. OTHER REPORTS – (at the first meeting of the month specified below):
a. Carmel Redevelopment Commission (Monthly)
2
b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October)
c. Audit Committee (Bi-annual – May, October)
d. Redevelopment Authority (Bi-annual – April, October)
e. Carmel Cable and Telecommunications Commission (Bi-annual – April, October)
f. Economic Development Commission (Bi-annual – February, August)
g. Library Board (Annual – February)
h. Ethics Board (Annual – February)
i. Public Art Committee (Annual – August)
j. Parks Department (Quarterly – February, May, August, November)
k. All reports designated by the Chair to qualify for placement under this category.
12. OLD BUSINESS
13. PUBLIC HEARINGS
a. First Reading of Ordinance Z-681-23; An Ordinance of the Common Council of the City
of Carmel, Indiana, Amending the 146th Street and Keystone Avenue Planned Unit
Development District (Z-344); Sponsor: Councilor Aasen.
Synopsis:
Ordinance establishes an Amendment to the 146th Street and Keystone Avenue Planned
Unit Development District, Ordinance Number Z-344 (the “Original PUD Ordinance”)
which amendment shall be referred to as the “PUD Amendment Ordinance”. The PUD
Amendment Ordinance amends certain provisions of the Original PUD Ordinance, which
was adopted by the Common Council on April 17, 2000.
14. NEW BUSINESS
a. Resolution CC-03-06-23-01: A Resolution of the Common Council of the City of
Carmel, Indiana, Approving Certain Matters in Connection With the Old Town Economic
Development Area (1933 Allocation Area); Sponsor: Councilor Rider.
Synopsis:
Resolution approves (1) a resolution of the Carmel Redevelopment Commission creating a
new 1933 Allocation Area within the Old Town Economic Development Area, including
an economic development plan supplement, and (2) a related Carmel Plan Commission
resolution.
b. First Reading of Ordinance D-2665-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Section 6-33 to Chapter 6, Article 3 of the Carmel City
Code; Sponsor(s): Councilor(s) Worrell, Aasen and Rider.
Synopsis:
Updating and Clarifying City of Carmel Merit Law.
15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS
3
a. City Council Appointments
1. Carmel Audit Committee (two-year term); One appointment.
2. Carmel Climate Action Advisory Committee (two-year term); One appointment.
17. ANNOUNCEMENTS
18. ADJOURNMENT
1
1
COMMON COUNCIL 2
MEETING MINUTES 3
MONDAY, FEBRUARY 20, 2023 – 6:00 P.M. 4
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 5
6
7
MEETING CALLED TO ORDER 8
9
Council President Jeff Worrell; Council Members: Kevin D. Rider, Sue Finkam, Adam Aasen, Anthony 10
Green, Timothy Hannon, Miles Nelson, Teresa Ayers and Deputy Clerk Jacob Quinn were present. 11
12
Councilor Laura Campbell was not present. 13
14
Council President Worrell called the meeting to order at 6:00 p.m. 15
16
AGENDA APPROVAL 17
18
The agenda was approved unanimously. 19
20
INVOCATION 21
22
Pastor Max Murphy, Cornerstone Lutheran Church, delivered the Invocation 23
24
Councilor Nelson led the Pledge of Allegiance. 25
26
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 27
28
There were none. 29
30
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 31
32
Ron Carter, Carmel Farmers Market, expressed frustration that the City has not replaced the bollards at the 33
entrance and the exit to Carter Green. He stated that he had reached out to the Mayor and the director of 34
engineering for the Carmel and has not received a credible explanation as to why these have been gone for 35
so long. This will be the 3rd year in a row without the bollards. 36
37
COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 38
39
There were none. 40
41
CONSENT AGENDA 42
43
Councilor Rider moved to approve the consent agenda. Councilor Green seconded. There was no Council 44
discussion. Council President Worrell called for the vote. The motion was approved 8-0. 45
46
2
a. Approval of Minutes 47
48
1. February 6, 2023 Regular Meeting 49
50
b. Claims 51
52
1. Payroll $3,479,080.53 (2/10/23 payroll), $182,187.83 (uniform allowance) and 53
$269,187.15 (sick vacation payout) 54
2. General Claims $4,194,796.10 55
3. Retirement $110,410.79 56
4. Wire Transfers $9,673,399.38 57
58
ACTION ON MAYORAL VETOES 59
60
There were none. 61
62
COMMITTEE REPORTS 63
64
Council President Worrell reported that the Finance, Utilities and Rules Committee had not met. 65
66
Councilor Green reported that the Land Use and Special Studies had not met. 67
68
OTHER REPORTS – (at the first meeting of the month specified below): 69
70
Jeff Maurer gave the bi-annual report for the Economic Development Commission. 71
72
Xiao Yuan briefly addressed Council. Bob Swanay, Director of Carmel Clay Public Library, gave the 73
annual Library Board report. Councilor Hannon stated he would like to see more disability parking 74
available at the library, 75
76
OLD BUSINESS 77
78
Sixth Reading of Ordinance D-2657-22; An Ordinance of the Common Council of the City of Carmel, 79
Indiana, Amending Chapter 2, Article 2, Section 25 of the Carmel City Code; Sponsor(s): Councilor(s) 80
Rider, Worrell, Aasen, Finkam, Nelson and Campbell. Council President Worrell removed the item from a 81
Committee of the Whole and passed the gavel to Councilor Rider. Council President Worrell addressed 82
Council and without objection, he withdrew the item from consideration. 83
84
Council President Worrell regained the gavel. 85
86
PUBLIC HEARINGS 87
88
There were none. 89
90
NEW BUSINESS 91
92
There was none. 93
94
AGENDA ADD-ON ITEMS 95
96
3
OTHER BUSINESS 97
98
City Council Appointments 99
100
101
Carmel Audit Committee (Terms Expire 12/31/23 and 12/31/24, two-year terms); Two appointments. 102
Councilor Finkam nominated Kelly Mitchell to the Audit Committee. Councilor Hannon seconded. 103
Nominations were closed. Kelly Mitchell was approved unanimously. 104
105
Carmel Climate Action Advisory Committee (two-year terms); Four appointments. Councilor Rider 106
nominated Tony Reck. Councilor Green seconded. Nominations were closed. Tony Reck was approved 107
unanimously. Councilor Rider nominated Councilors Hannon and Ayers. Councilor Finkam seconded. 108
Nominations were closed. Both were appointed unanimously. 109
110
Notice of Cancellation of Outstanding Checks for Fiscal Year 2020 - $1,414.09 (Acknowledgement 111
Only). 112
Councilor Rider moved to acknowledge. Councilor Green seconded. Motion was approved unanimously. 113
114
115
ADJOURNMENT 116
117
Council President Worrell adjourned the meeting at 6:38 p.m. 118
119
Respectfully submitted, 120
121
____________________________________ 122
Sue Wolfgang, Clerk 123
124
Approved, 125
126
127
____________________________________ 128
Jeff Worrell, Council President 129
ATTEST: 130
131
132
__________________________________ 133
Sue Wolfgang, Clerk 134
135
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 1
CITY COUNCIL MARCH 2023 REPORT
REPORTING ON JANUARY 2022 FINANCES
FEBRUARY 2023 ACTIVITIES
STRATEGIC HIGHLIGHTS
• Construction progressing on the following projects:
o Hamilton West in City Center
o Me lange
o The Signature
o First on Main
o Magnolia
o The Corner
o The Wren
o The Windsor
o Republic Airways (Hamilton Crossing)
o Proscenium II
FINANCIAL SNAPSHOT
January Beginning Balance $ 7,322,825
January Revenues $ (205,289)
January Transfers $ 4,622,098
January Expenditures $ 4,944,775
January ending Balance Without Reserve Funds $ 6,794,861
Supplemental Reserve Fund $ 3,523,150
City Center Bond Reserve $ 326,046
Midtown Bond Reserve $ 601,587
Midtown West Bond Reserve $ 373,177
January Balance With Reserve Funds $ 11,618,823
FINANCIAL STATEMENT
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 2
Financial Statement
JANUARY MONTH-END FINANCIAL BALANCE
Ending Balance without
Restricted Funds
$ 6,794,861
Ending Balance with
Restricted Funds
$ 11,618,823
SUMMARY OF CASH
For the Month Ending January 2023
DESCRIPTION ACTUAL
MONTHLY
PROJECTION VARIANCE
Cash Balance 1/1/23
1101 Cash $ 4,351,836.14 $ 4,351,836.14 -
1110 TIF $ 2,970,989.21 $ 2,970,989.21 -
Total Cash $ 7,322,825.35 $ 7,322,825.32 -
Receipts
1101 Cash $ 188,435.58 $ 162,797.14 $ 25,638.44
1110 TIF - - -
Developer Payments $ (393,724.38) $ (393,724.38) -
Transfers to Reserves (TIF) $ 74,397.81 $ 74,397.81 -
Transfers to Reserves (non-TIF) $ 193,858.55 $ 269,496.99 $ (75,638.44)
Transfer to SRF $ 4,353,843.32 $ 4,353,843.32 -
Total Receipts $ 4,416,810.88 $ 4,466,810.88 $ (50,000.00)
Disbursements
1101 Cash $ 427,369.09 $ 477,639.09 $ 50,000.00
1110 TIF $ 4,517,136.03 $ 4,525,921.03 $ 8,785.00
Total Disbursements $ 4,944,775.12 $ 5,003,560.12 $ 58,785.00
1101 Cash $ 4,306,491.18 $ 4,306,491.18 -
1110 TIF $ 2,488,369.93 $ 2,479,584.93 $ 8,785.00
Cash Balance 1/31/23 $ 6,794,861.11 $ 6,786,076.11 $ 8,785.00
Total Usable Funds $ 6,794,861.11 $ 6,786,076.11 $ 8,785.00
$0.00
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
JANUARY
MONTH END BALANCE
Actual Budget Variance
FINANCIAL STATEMENT
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 3
FUND BALANCES AND OUTSTANDING RECEIVABLES
As of month-end January 2023
RESTRICTED FUNDS
Supplemental Reserve Fund $3,523150
City Center Bond Reserve $326,046
Midtown Bond Reserve $601,587
Midtown West Bond Reserve $373,177
Sub-total: $4,823,962
UNRESTRICTED FUNDS
TIF $2,488,370
Non TIF $4,306,491
Sub-total: $6,794,861
Total Funds $11,618,823
OUTSTANDING RECEIVABLES
Initial Energy Consumption Fee for The Mezz $692,822
TOTAL OUTSTANDING RECEIVABLES $692,822
STATEMENT OF CHANGES IN EQUITY
MONTH END: JANAURY 2023
DESCRIPTION REVENUE EXPENSES
Total Receipts (TIF) $4,034,516.75
Total Receipts (Non-TIF) $ 382,294.13
Expenditures (TIF) $ 4,517,136.03
Expenditures (Non-TIF) $ 427,639.09
FINANCIAL UPDATE
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 4
Financial Update
TIF REVENUE AND DEBT
Estimated 2023 TIF revenue and PIATT payments available for CRC use is $33,147,281.
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
20
1
7
20
1
8
20
1
9
20
2
0
20
2
1
20
2
2
TIF Revenue
Debt Service
DEBT PAYMENTS
Month Payment
June 2023 $16,076,705
December 2023 $16,071,526
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 5
Project Updates
CITY CENTER
Developer Partner: Pedcor Companies
Allocation Area: City Center
Use: Mixed-Use
Project Summary: Mixed Use development, multiple buildings
Figure 1 City Center Master Plan, provided by Pedcor City Center Development Company
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 6
1) Project Status – (changes noted below.)
CRC Contract Amounts:
City Center Bond: $ 16,214,875.00
2016 TIF Bond: $ 2,598,314.00 (5th Floor of Park East garage)
Site Construction Contract Amounts: $1,442,962 – Smock Fansler, contractor - Complete
Veterans Way Extension Project Amounts: $3,403,000 – Hagerman, contractor – Complete
Parcel 73 Site work: $149,600 – Smock Fansler, contractor
PROJECT USE PROJECT
DATES
DESIGN RENDERINGS PROVIDED BY PEDCOR
Veterans
Way
Garage
A five-story parking
structure with 735
parking spaces
Open to the public on
9/22/17
Completed
in
May 2017
Contract
Amt.
$13,954,68
3
Baldwin/
Chambers
A four-story building,
of approximately
64,000 square feet,
which will include
luxury apartments and
commercial retail/
office space.
Approx. 26
Apartments
Hagerman is the
contractor.
Completed
in June
2018
Pedcor
Office 5
A two-story building,
of approximately
20,000 square feet,
which will include
office space.
Start: Fall
2015
Completed
Q4 2017
Tenants have moved into the new building
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 7
Kent A three-story building,
of approximately
111,000 square feet of
luxury apartments.
Site drawings were
approved by the CRC
Architectural
Committee.
Start:
Summer
2018
Complete:
June 2021
Site Construction – Start: Spring 2018
Site Work Awarded – Spring 2018
Building Construction – Start: Summer 2018
Building Complete June 2021
- Pool and Site work is still under construction
Hamilton
(Park East
commerci
al/reside
ntial
buildings
Hamilton East: 5
ground floor
residential two-story
townhomes; 7,954 SF
of ground floor
commercial space
Hamilton West: 13,992
SF of ground floor
commercial space
Start:
Summer
2018
Hamilton East - Construction commenced: Summer 2018,
completed Summer 2019
Hamilton West – Construction commenced: Summer 2020, currently under construction
Playfair
and
Holland
A five-story building,
of approximately
178,000 square feet,
which will include 112
luxury apartments and
commercial
retail/office space.
Start:
September
2019
Approx.
112
Apartment
s
Currently under construction.
Windsor A four-story building,
of approximately
64,000 square feet.
Start:
Summer
2022
Wren A six-story building of
approximately
157,000 square feet,
which will include
luxury apartments and
commercial
office/retail space.
Start:
Summer
2020
Construction started Summer 2020
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 8
Note: All completion dates indicated above are per the Completion Guaranties executed between the CRC and Pedcor.
Should Pedcor miss these dates they are obligated to cover the debt obligations.
2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
3) CRC Commitments
An overview of commitments has been uploaded to the CRC website.
Most significantly, the CRC committed to publicly bid a four-story parking garage with not less than
620 parking spaces which has been completed and is available for public use. The CRC also
commits to coordinate any significant site plan changes requested by Pedcor with City Council.
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 9
PROSCENIUM
1) Developer Partner(s): Novo Development
Group
2) Economic Development Area: 126th Street
3) Project Summary: Mixed-use development,
multiple buildings.
1) 197 Apartments; 22 for-sale condos
2) Approx. 140,000 SF of office and retail
space
3) Approx. 450 parking spaces (public and
private)
Total project budget: $60,000,000
4) Anticipated Project Schedule
Design Start 2016
Construction Start 2018
Construction Complete (tentative) 2022
5) Construction Milestones: Construction is ongoing.
6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments
No commitments by the CRC have been made.
The City will be relocating and burying Duke Energy’s transmission line and completing road
improvements adjacent to the development.
September 2022
September 2022
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 10
MELANGE
1)Developer Partner(s): Onyx + East
2)Economic Development Area: Firehouse
3)Project Summary: 45 for-sale townhomes
and approximately 12 for-sale flats
4)Total project budget: $30,000,000
5)Anticipated Project Schedule
TIF Request 2020
Construction Start May 2021
6)Construction Milestones: Construction is underway.
7)CRC Commitments
CRC contributed land to the development of this project, relocated the CFD generator, and is funding
infrastructure, road work, and utility relocations with TIF.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering
February 2023
February 2023
February 2023
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 11
CIVIC SQUARE GARAGE
1) CRC Design-Build Project
2)Economic Development Area: Carmel City
Center/Carmel City Center Amendment
3)Project Summary:
- 303-space parking garage
- 255 spaces will be open to the public
- 48 spaces are reserved for owner-occupied
condos that will line the west and north sides of
the garage (to be developed as part of a future
CRC project)
4)Total project budget: $9,700,000
5)Anticipated Project Schedule
Construction Start January 2022
Construction End Mid 2022
6)Construction Milestones: Garage is now open for public use.
7)CRC Commitments
The CRC will be involved with development and construction of the parking garage
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
September 2022 Rendering
September 2022
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 12
FIRST ON MAIN
1)Developer Partner(s): Lauth Group, Inc.
2)Economic Development Area: Lot One
3)Project Summary:
- 310-space public parking garage
- Four-story, 73,000 SF Class-A office building with first floor restaurant space and a private rooftop terrace
- 8 condominiums
- 35 apartments
- Community gathering plaza featuring the City’s Rotary Clock
4)Total project budget: $35,000,000
5)Anticipated Project Schedule
Construction Start Fall 2021
Construction End Late summer 2023
6)Construction Milestones: Construction is underway.
7)CRC Commitments
CRC contributed the land for this development. Future commercial taxes from the project (TIF) are being
used to fund infrastructure improvements that may include the garage, utility relocations, and roadway
improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering February 2023
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 13
THE SIGNATURE
1)Developer Partner(s): Tegethoff Development and Great Lakes Capital
2)Economic Development Area: Main and Old Meridian
3)Project Summary:
- 8 owner-occupied flats/condos
- 295 luxury apartments
- 15k sf of office/retail
- 374 structured parking spaces
- Dedication of land for future street
4)Total project budget: $78,000,000
5)Anticipated Project Schedule
Construction Start November 2021
Construction End
6)Construction Milestones: Construction is underway.
7)CRC Commitments:
Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that
may include the garage, utility relocations, and roadway improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering
February 2023
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 14
MAGNOLIA
1)Developer Partner(s): Old Town Companies
2)Economic Development Area: Magnolia
3)Project Summary: Multi-phase development that will include six
condominium buildings with five units per building, for a total of
30 for-sale condos, and future multi-family residential on the
corner of City Center Drive and Rangeline Road.
4)Total project budget:
5)Anticipated Project Schedule
Construction Start Fall 2021
Construction End
6)Construction Milestones: Construction is underway.
7)CRC Commitments: CRC contributed the land for the development of this project.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering
February 2023
February 2023
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 15
THE CORNER
1)Developer Partner(s): Kite Reality Group
2)Economic Development Area: The Corner
3)Project Summary: mixed-use project consisting of 278 apartments, 25,000 square feet of office/retail
space, and a free 364-space public parking garage
4)Total project budget: $69,000,000
5)Anticipated Project Schedule
Construction Start Late 2021
Construction End
6)Construction Milestones: Construction is underway.
7)CRC Commitments
Future commercial taxes from the project (TIF) are being used to construct the public parking garage,
utility relocations, and streetscape improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering February 2023
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 16
HAMILTON CROSSING
1)Developer Partner(s): Kite Reality Group and Pure
Development, Inc.
2)Economic Development Area: Amended 126th Street
3)Project Summary: New home of Republic Airways.
105,000 square-foot training facility with 20
classrooms, 94 workstations, two cabin trainers, and
eight flight simulators. The hotel adjacent to the
training center will be expanded to 274 rooms. 1,900
jobs brought/created with Republic alone.
4)Total project budget: $200,000,000 investment for
Phase 1 and II
5)Anticipated Project Schedule
Construction Start Fall 2021
Construction End Early 2023
6)Construction Milestones: Construction is underway.
7)CRC Commitments
Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that
may include the garage, utility relocations, and roadway improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
June 2022
Rendering December 2022
December 2022
PROJECT UPDATES
February 24, 2023 CRC Report for March 06, 2023, City Council Meeting P a g e | 17
PROSCENIUM II
1) Developer Partner(s): Novo Development Group
2) Economic Development Area: Amended 126th Street
3) Project Summary: Mixed-use development
i. 120 parking spaces
ii. 48 Apartments; 7 for-sale condos
iii. Approx. 15,000 SF of office and retail space
iv. Approx. Total project budget: $18,000,000
4) Anticipated Project Schedule
Design Start 2021
Construction Start 2022
Construction Complete (tentative)
5) Construction Milestones: Site work is underway.
6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments
No commitments by the CRC have been made.
Respectfully submitted,
Henry Mestetsky
Executive Director
Carmel Redevelopment Commission/Department
February 24, 2023
Prepared for City Council and the Redevelopment Commission
-End Report-
Rendering February 2023
1
CITY OF CARMEL DOCS DEPARTMENT REPORT TO THE COUNCIL March 6, 2023 BJ's Wholesale Club-146th & Keystone PUD Amend (Z-681-23)
• Plan Commission Docket No. PZ-2022-00224 OA
• Amendment to the 146th & Keystone PUD text to add accessory uses and update various other development
standards requirements to construct a BJ’s Wholesale Club building and gas station
• It is zoned 146th & Keystone PUD Z-344 Planning and Zoning Analysis
• Concept plan has BJ’s building at the east side of the site, oriented west with the main entrance visible from US
31 and Keystone Parkway.
• A fueling station and an indoor tire sales and service area are proposed. Currently, Auto Service or Filling Stations are not allowed as primary uses in the PUD.
• The gas station and underground tanks are located more than 500’ from the residential neighborhoods to the east.
• Minimum Building Setback: New proposed distance is 60’ from ROW, 90’ previously required.
• Parking requirements: UDO requires 1/200 sq. ft. of floor area = 509 spaces, PUD changed to allow the 407
spaces shown on the concept plan.
• Bike Parking to follow UDO requirements.
• Overnight parking – not allowed except for trucks actively unloading at the loading docks
• Offsite Roadway Improvements: adding dedicated right lane out of the round-a-bout, right turn only at south end of site, adjustments to 146th St. & Lowe’s Way intersection to improve traffic flow.
• Signs: PUD has been updated to resemble UDO standards more closely, as well as still provide ample identification similar to what was previously allowed by the original PUD language.
• Architectural Design: o Staff worked with the Petitioner on the design of the building to enhance the exterior design to be unique, have four-sided architecture, and be context sensitive. o We worked to create symmetry throughout the facades and designate feature areas to break down the scale of the structure.
o The building will be constructed of pre-cast concrete panels, with brick inlay, a stone base, and a textured upper area (so it is not plain concrete walls) to give additional character.
o A theme across most BJ’s buildings is a diamond shape as an accent. We encouraged them to use this design element around the building as an additional feature, and it has been incorporated into bump out/tower elements around the building.
o Faux windows have also been added to each façade at the upper levels, which help to give additional character and break up the scale of the building. Negotiations with Petitioner during Plan Commission process
• The Petitioner is proposing additional safety measures against fuel leaking and spilling, which are comparable to the precautions taken by the gas station at 146th Street and River Road.
• Architectural improvements were made.
• Vehicular entrance into the site was adjusted to better align with Lowe’s drive aisles and to be straighter. Concerns discussed by the Plan Commission
• Concerns regarding the proximity of a filling station to Cool Creek to the south and to residential neighborhood.
• Traffic was discussed and right turn only onto Lowes Way at the southern drive.
• Views from Keystone Parkway headed north. The Petitioner requests an amendment to the 146th & Keystone PUD to allow the development of a BJ’s Wholesale Club with a gas station and tire sales and service (inside the building). The proposed plans should not have a
negative impact on the surrounding area. Road enhancements are proposed to accommodate additional vehicles, the architecture is improved, and additional safety measures against fuel leaking and spilling are proposed. These plans/changes to the site must come back to the PC for DP/ADLS approval when the Petitioner is ready. The Commercial Committee voted 4-0 to send this to City Council with Favorable Recommendation.
PRESENTED BY STEVEN D. HARDIN, ESQ.
City Council Introduction | March 6, 2023
Kite Realty Group
BJ’s Wholesale Club
146th St. & Keystone Ave. PUD Amendment
BJ’S WHOLESALE CLUB
TABLE OF CONTENTS
Kite Realty Group, L.P.:
Mark S. Jenkins,
Sr. Vice President, Development
Gene Beiermann, PE,
Sr. Project Manager, Development
30 South Meridian St., Suite 1100
Indianapolis, IN 46204
BJ’s Wholesale Club, Inc.:
Marc A. LaVoie, PE,
Site Development Manager
350 Campus Dr.
Marlborough, MA 01752
Attorney:
Steven D. Hardin, Esq.
Mark R. Leach, Land Use Planner
Faegre Drinker Biddle & Reath LLP
600 East 96th St., Suite 600
Indianapolis, IN 46240
Telephone: 317.569.9600
TABLE OF CONTENTS
Tab 1
Executive Summary
Tab 2
Aerial Location Map
Tab 3
Street Layout Exhibit
Tab 4
Concept Plan
Tab 5
Building Elevations
Tab 6
Greenbelt Exhibit
Tab 7
Filling Station Environmental and Safety Features Letter
Tab 8
Off-site Improvements Exhibits
Tab 9
PUD Amendment Ordinance
TAB 1
Kite Realty Group, LP. (“Kite”) and its partner, BJ’s Wholesale Club Inc. (“BJ’s”), are pleased
to present the proposed redevelopment of Greyhound Commons at the southwest corner of
146th Street and Lowes Way. The redevelopment parcel is located south of the Lowes Home
Improvement center (please see the Aerial Location Map at Tab 2). The property is currently
under-utilized, containing two restaurants, one of which is vacant. Kite and BJ’s now propose to
develop a BJ’s Wholesale Club location on this portion of Greyhound Commons to better utilize
the property.
BJ’s Wholesale Clubs provide a curated assortment focused on perishable products, continuously
refreshed general merchandise, and other ancillary services to deliver a differentiated and
seamless shopping experience centered around the customer. BJ’s places value on both customer
and employee experience, operating over 230 wholesale centers across 17 states, and proudly
employing more than 25,000 people nationwide.
In order to accomplish this redevelopment, Kite and BJ’s have filed a Planned Unit Development
(PUD) Ordinance Amendment petition for the 146th and Keystone Avenue PUD District with
the City of Carmel. The original PUD ordinance was aproved in April, 2000, and the requested
amendments sought for this proposed redevelopment primarily address PUD requirements which
were in place prior to the reconfiguration of the Keystone/US 31 corridor (please see the Street
Layout Exhibit at Tab 3).
The requested amendments include:
- Updating the list of permitted uses to add “tire sales and service (indoor)” and “Automobile
Filling Station” as accessory uses (please see the Concept Plan at Tab 4 and the Building
Elevations at Tab 5 for the proposed locations of the accessory uses),
- Updating the minimum building setback,
- Updating the architectural design requirement for the building’s scale and proportion,
- Updating the greenbelt requirement to match the Greenbelt Exhibit at Tab 6,
- Updating the parallel roadways landscaping requirement for Lowes Way,
- Updating the parking requirements to match the Concept Plan shown at Tab 4,
- Updating the sign requirements to match the Sign Package shown in Exhibit D of the PUD
Amendment Ordinance at Tab 9, and
- Adding requirements for Automobile Filling Station, Bicycle Parking, Overnight Parking, Outside
Storage, and Offsite Roadway Improvements. (An environmental and safety features letter
detailing the automobile filling station requirements can be found at Tab 7.)
Continued, next page
BJ’S WHOLESALE CLUB
EXECUTIVE SUMMARY
BJ’S WHOLESALE CLUB
EXECUTIVE SUMMARY
In addition to the proposed on-site improvements, several off-site roadway improvements will
also be incorporated into this redevelopment (please see the Off-site Improvements Exhibit at
Tab 8), including:
- Conversion of the northbound right turn lane at 146th Street and Lowes Way into a right-and-
through lane, including the addition of a northbound lane north of 146th Street to aid in
alleviating congestion at the intersection,
- Addition of a dedicated southbound exit lane at the Greyhound Commons roundabout to help
reduce wait time, and
- Addition of a southbound right-out-only exit with a concrete median at the southeast corner
of the site to encourage local traffic to exit the site southbound on Lowes Way.
Plan Commission and Commercial Committee Update:
On January 17, 2023, the Plan Commission held a public hearing on this proposal. No remonstrators
were present, DOCS staff was generally supportive of the petition, and the Plan Commission voted
to allow their Commercial Committee to have final voting authority to send to the City Council.
On February 7, 2023, the Commercial Committee reviewed and then voted unanimously to
forward the request to the City Council with a favorable recommendation.
Automobile Filling Station Update:
BJ’s has worked with City DOCS and Engineering Department staff to enhance the automobile
filling station standards and agrees to install the protection devices listed in Section 2.1 of the
PUD amendment ordinance. BJ’s is coordinating with the Engineering Department to determine
additional protection device(s) that will be installed, and should have an update for the City
Council at the Introduction meeting. The PUD amendment ordinance has been updated to include
Exhibit F, which will list the installation of these additional protection device(s) as a condition to
the enactment of the ordinance.
If approved, BJ’s intends to start site development work in late summer of 2023. Building
construction is expected to begin in late fall of 2023.
Thank you for your consideration.
TAB 2
REAL ESTATE
Context MapCarmel, IN
BJ’S WHOLESALE CLUB
AERIAL LOCATION MAP
TAB 3
STREET LAYOUT EXHIBIT - CONSTRUCTION OF LOWES WAY
2000 2004
Aerial
This project was funded by Hamilton County. The aerial photography andorthophotography was acquired and produced by Woolpert, Inc. HamiltonCounty reviewed the orthophotography for aesthetics and accuracy(compared to previous orthophotography).
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
Aerial
This project was funded by Hamilton County. The aerial photography andorthophotography was acquired and produced by Woolpert, Inc. HamiltonCounty reviewed the orthophotography for aesthetics and accuracy(compared to previous orthophotography).
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
BJ’S WHOLESALE CLUB
2013
Funding was from Hamilton County, the City of Carmel, the Town of Fishers,the City of Noblesville, and the City of Westfield. The aerial photography was
acquired and produced by Premier Geospatial. QC was done in-house byHamilton County.
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
January 27, 2023
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,80020122013
$erial
This project was made possible with leadership from the State of Indiana andIGIC. Funding was from multiple sources inclusing Federal, State, HamiltonCounty, the City of Carmel, the Town of Fishers, the City of Noblesville, andthe City of Westfield.The aerial photography and orthophotography was
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
STREET LAYOUT EXHIBIT - CONSTRUCTION OF OFF-RAMP IN GREENBELT AREA
BJ’S WHOLESALE CLUB
TAB 4
RIGHT INRIGHT IN
146th STREET
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WHOLESALE CLUB
MINIMUM 390PARKING SPACES
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Scale:
CHKD:Drawn By:
Project No.
Date:02/22/2023
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GREYHOUND
INDIANA
DP 57A
DEVELOPMENT PLAN
CARMEL,COMMONS
NOTE: Negotiations with the stores listed and others not listed are inprogress. No guarantee can be made that the listed stores will open inthe center. All conditions and dimensions are subject to variation due toactual field conditions. All dimensions and areas shown should beverified prior to lease execution. This plan is preliminary and subject tochange. Sheet size 24x36.
30 S. MERIDIAN STREETSUITE 1100INDIANAPOLIS, IN 46204PHONE 317-577-5600
REALTY GROUP
FAX 317-577-5605
BJ’S WHOLESALE CLUB
CONCEPT PLAN
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146th STREET
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WHOLESALE CLUB
MINIMUM 390PARKING SPACES
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Scale:
CHKD:Drawn By:
Project No.
Date:
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GREYHOUND
INDIANA
DP 57
DEVELOPMENT PLAN
CARMEL,COMMONS
NOTE: Negotiations with the stores listed and others not listed are inprogress. No guarantee can be made that the listed stores will open inthe center. All conditions and dimensions are subject to variation due toactual field conditions. All dimensions and areas shown should beverified prior to lease execution. This plan is preliminary and subject tochange. Sheet size 24x36.
30 S. MERIDIAN STREETSUITE 1100INDIANAPOLIS, IN 46204PHONE 317-577-5600
REALTY GROUP
FAX 317-577-5605
BJ’S WHOLESALE CLUB
CONCEPT PLAN
TAB 5
BJ’S WHOLESALE CLUB
BUILDING ELEVATIONS
TAB 6
Greenbelt Exhibit
Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, METI/NASA,
EPA, USDA
Parcels
Street Centerlines
Carmel
INDOT
County
City Boundary
2022 Photography
Red: Red
Green: Green
Blue: Blue
November 30, 2022
0 0.04 0.090.02 mi
0 0.07 0.140.04 km
1:3,600
30’ GREENBELT AREA NO MOW AREA
BJ’S WHOLESALE CLUB
GREENBELT EXHIBIT
TAB 7
Stantec Consulting Services Inc.
2211 Congress Street Suite 380, Portland ME 04102-1955
January 5, 2023
File: 195602294
Reference: Proposed Retail Fueling Facility – Environmental and Safety Features BJ’s Wholesale Club, Carmel, IN
To whom it may concern: On behalf of the BJ’s Wholesale Club, Inc. (BJ’s), Stantec is pleased to provide this summary of environmental and safety features associated with the proposed retail fueling facility in Carmel, IN. All fuel system devices and procedures are designed in accordance with State and Federal requirements to protect the environment, community, customers and employees. Proposed Facility BJ’s is proposing to install a new retail fueling facility on a portion of the lot adjacent to the BJ’s Wholesale Club store located in Greyhound Commons. The proposed fueling facility will consist of multiple fuel dispensers protected by an overhead canopy and supported by an attendant kiosk. The station is to be supplied by a total of three (3) double-wall fiberglass underground storage tanks storing gasoline and diesel.
In accordance with the Indiana Department of Environmental Management (IDEM) and the US Environmental Protection Agency (USEPA), BJ’s maintains A/B/C Operators to oversee the fueling facility. These specialized staff are trained to operate the fuel system equipment, safety devices and support the operation of the facility. These same staff conduct daily inspections of the facility’s safety and environmental protection devices. Additionally, all BJ’s employees are trained in the proper use of an on-site emergency response kits as well as emergency procedures.
1 – Graphical Rendering of Gas Station Devices (included as attachment).
January 5, 2023
Page 2 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
IDEM Environmental Protection and Safety The proposed fueling facility will be equipped with numerous environmental safety features which meet and/or exceed Indiana Department of Environmental Management (IDEM) requirements. These devices include, but are not limited to:
• Redundant overfill protection devices on the tanks consisting of high level alarms and overflow
prevention valves.
• Double walled fill containment boxes and double walled vapor recovery boxes;
• Electronic leak detection systems;
• Double walled continuously monitored tanks and piping;
• Additional systems described below. The entire system is monitored 24 hours a day by an electronic environmental monitoring system which tracks fuel levels, any liquid level changes, introduction of water, or any unusual operating conditions. Each fuel system
component is UL listed in accordance with State and Federal requirements. All underground piping, tanks and related components are corrosion resistant. Added Tertiary Containment In addition to meeting IDEM requirements for underground fuel storage secondary containment, corrosion protection and environmental monitoring, BJs proposes to provide an added level of containment around (and under) the entire fuel storage and piping system by installing an impermeable liner. This proposed liner exceeds IDEM requirements for containment. This liner system ensures that the entire double walled fuel tanks/piping will have an added layer of environmental protection to the sub-grade. The proposed product will be “Petrogard” by MPC Containment or approved equal. This system is the same as those used by the US military and bulk storage facilities as a form of containment.
2 – Example image of liner being installed around and under double wall piping, providing tertiary containment for the fuel storage and distribution system.
January 5, 2023
Page 3 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
Added Positive Limiting Barrier All proposed customer fuel transfer activities will take place over impermeable concrete surfaces to prevent any incidental fuel drips from entering the sub-grade. BJ’s is proposing to employ an added unique containment system in these dispensing areas which provides environmental protection by means of a “positive limiting barrier” or PLB. While this system is not yet an IDEM requirement, it is a best management practice, adopted by many states, which provides added protection against potential stormwater runoff at the dispensing area by preventing site runoff from mixing with those areas around the fuel dispenser.
3 – Photo example of Positive Limiting Barrier (stormwater BMP and containment) at dispensing area.
4 – Example Photo of Positive Limiting Barrier surrounding perimeter of concrete fuel dispensing apron.
January 5, 2023
Page 4 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
In addition to the PLB, all fuel dispenser hoses are equipped with breakaway valves and the dispenser cabinets are equipped with shear valves to protect in the event of impact or a “drive off”. These safety devices shut off and “close” the fuel lines to prevent any spills in the event of a “drive off”. Added Air Quality Protection – Low Permeation Hoses Although not required by IDEM, BJ’s installs “Low Perm” dispensing hoses as an added air quality protection measure. These hoses are designed for use at filling stations to reduce vapor permeation rates, improve air quality and reduce emissions. BJ’s understands that air pollution and quality is a concern and is committed to this by installing a complete CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) system which ensures that all gas station system components are approved for the control of gasoline vapor emissions during the filling procedure
for the underground storage tank system.
5 – Photo example of Continental Futura “Low Perm” hoses installed at a BJ’s Gas Station to provide added air quality protection.
January 5, 2023
Page 5 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
Summary BJ’s is committed to provide an environmentally safe fuel facility which protects the environment, community and customers. As noted above, they are proposing to install several added protection devices, many which exceed IDEM standards. These include:
• The impermeable liner under the entire double walled fuel system giving it three layers of protection;
• The positive limiting barrier (PLB) which provide added stormwater protection;
• “Low Perm” hoses which provide added air quality protection.
• CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) system for the control of gas station emissions from underground storage tanks.
• Redundant overfill protection and spill prevention measures.
• Additional emergency shutoff devices located inside and outside of the kiosk.
• 24 hour monitoring of all operations with security cameras throughout the facility. If you require any additional information about the proposed station design or equipment, please do not hesitate to contact us at (207) 887-3822.
Regards,
Stantec Consulting Services Inc.
Jason Carr Principal Fuel System Engineering Phone: 207-887-3822 Jason.carr@stantec.com
c. LaVoie, Marc (mlavoie2@bjs.com)
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9
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TAB 8
146th STREET
LO
W
E
S
W
A
Y
PYLON
SIGN
REALTY GROUP
GREYHOUND COMMONS
CARMEL, INDIANA
PROPOSED
STRAIGHT LANE
EXISTING RIGHT TURN ONLY, PROPOSED STRAIGHT AND
RIGHT TURN
OFF-SITE IMPROVEMENTS EXHIBIT
BJ’S WHOLESALE CLUB
REALTY GROUP
GREYHOUND COMMONS
CARMEL, INDIANA
PROPOSED DEDICATED
RIGHT LANE
PROPOSED
CONCRETE MEDIAN
EXISTING DEDICATED RIGHT LANE TO REMAIN
PROPOSED RIGHT-TURN ONLY
OFF-SITE IMPROVEMENTS EXHIBIT
BJ’S WHOLESALE CLUB
TAB 9
Page 1 of 23
Sponsor: Councilor Aasen 1 2
3 4 ORDINANCE Z-681-23 5 6 AN ORDINANCE OF THE COMMON COUNCIL OF THE 7
CITY OF CARMEL, INDIANA 8 AMENDING THE 146TH STREET AND KEYSTONE AVENUE 9 PLANNED UNIT DEVELOPMENT DISTRICT (Z-344) 10 11 Synopsis: 12
Ordinance establishes an Amendment to the 146th Street and Keystone Avenue Planned Unit 13
Development District, Ordinance Number Z-344 (the “Original PUD Ordinance”) which 14
amendment shall be referred to as the “PUD Amendment Ordinance”. The PUD Amendment 15 Ordinance amends certain provisions of the Original PUD Ordinance, which was adopted by the 16 Common Council on April 17, 2000. 17
18 WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, 19 Ordinance Z-625-17, as amended (the "UDO"), provides for the establishment of a Planned Unit 20 Development District in accordance with the requirements of IC. § 36-7-4-1500 et seq. (“PUD 21 Statute”); and 22
23 WHEREAS, on April 17, 2000 the Common Council adopted the Original PUD Ordinance 24 which established the 146th Street and Keystone Avenue Planned Unit Development District (the 25 "PUD District"); and 26 27
WHEREAS, BJ’s Wholesale Club, Inc. (“BJ’s”) submitted an application to the Carmel 28
Plan Commission (the "Plan Commission") to amend the Original PUD Ordinance with the PUD 29 Amendment Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as 30 legally described in Exhibit A attached hereto and incorporated herein (the "Real Estate"); and 31 32
WHEREAS, BJ’s application is consistent with the provisions of the UDO and PUD 33
Statute; and 34 35 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and 36 UDO, the Plan Commission conducted a public hearing on January 17, 2023 regarding the PUD 37
Amendment Ordinance, which application was docketed as PZ-2022-00224 OA; and 38
39 WHEREAS, the Plan Commission, at its Commercial Committee meeting on February 7, 40 2023 has given a favorable recommendation to this PUD Amendment Ordinance, which amends 41 certain provisions of the Original PUD Ordinance with respect to the Real Estate. 42
43 NOW, THEREFORE, BE IT ORDAINED by the Common Council of Carmel, Indiana 44 (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this PUD 45 Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof 46
Page 2 of 23
inconsistent with any provision of this PUD Amendment Ordinance and its exhibits are hereby 47 made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and 48
restrictions applicable to the Real Estate or parts thereof inconsistent with any provision of this 49
PUD Amendment Ordinance shall be null and void and replaced and superseded by this PUD 50 Amendment Ordinance; and, (iv) this PUD Amendment Ordinance shall be in full force and effect 51 from and upon its adoption by the Common Council in accordance with Indiana law. 52 53
Section 1. Applicability of Ordinance. 54
55 Section 1.1 Development of the Real Estate shall be governed entirely by (i) the 56 provisions of this PUD Amendment Ordinance and its exhibits, and (ii) those provisions 57 of the Original PUD Ordinance, as amended by this PUD Amendment Ordinance. 58
59
Section 1.2 All provisions of the Original PUD Ordinance not affected by this PUD 60 Amendment Ordinance shall continue, unchanged, and the Original PUD Ordinance, as 61 amended, shall remain in full force and effect. 62 63
Section 2. Accessory Buildings and Uses. The following accessory uses shall be added to 64
the list of permitted Accessory Buildings and Uses in Section 4: “tire sales and service (indoor)” 65 and “Automobile Filling Station”. 66 67 Section 2.1 Any Automobile Filling Station use on the Real Estate shall meet the Use-68
Specific Standards listed in Section 5.65 of the UDO (US-19: Automobile Service Station; 69
Automobile Filling Station Use-Specific Standards), and the following protection devices 70 shall be installed: 71 72 A. Impermeable liner under the entire double walled fuel system giving it three 73
layers of protection; 74
B. Positive limiting barrier (PLB) which provides added stormwater 75 protection; 76 C. “Low Perm” hoses which provide added air quality protection; 77 D. CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) 78
system for the control of gas station emissions from underground storage tanks; 79
E. Redundant overfill protection and spill prevention measures; 80 F. Additional emergency shutoff devices located inside and outside of the 81 kiosk; and 82 G. 24-hour monitoring of all operations with security cameras throughout the 83
facility. 84
85 Section 3. Minimum Building Setbacks. Section 6.3 shall not apply. Instead, the following 86 shall apply: The minimum building setback measured to the nearest right-of-way shall be at least 87 60 feet. 88
89 Section 4. Architectural Design Requirements. Section 6.6.A shall not apply. Instead, the 90 following shall apply: Scale and proportion: The building’s main entrance shall be designed using 91 the Golden Section, represented by the ratio 1:1.6 or 1.6:1. 92
Page 3 of 23
93 Section 5. Greenbelt. Section 7.2.A.1 shall not apply. Instead, the following shall apply: The 94
greenbelt along Keystone Parkway shall be located as generally shown on the greenbelt exhibit in 95 Exhibit B attached hereto and incorporated herein (the “Greenbelt Exhibit”) and shall be a 96 minimum of thirty (30) feet in width and landscaped per the requirements of Section 7.3. Any pre-97 existing plants that are preserved shall be counted toward these required plantings. Additionally, 98 a no mow area left to become naturalized shall be located as generally shown on the Greenbelt 99
Exhibit. 100
101 Section 6. Parallel Roadways. Section 7.2.B.1 shall not apply. Instead, the following shall 102 apply: There shall be landscape planting areas located adjacent to Lowes Way to screen the 103 building and parking areas, which shall be a minimum of ten (10) feet in width and landscaped 104
pursuant to the same requirements as the greenbelt area in Section 7.3. Any pre-existing plants 105
that are preserved shall be counted toward these required plantings. A minimum three (3) foot tall 106 wall or fence may be installed to supplement the required landscaping. 107 108 Section 7. Parking Requirements. Section 8 shall not apply. Instead, the following shall 109
apply: Parking shall be as generally shown on the concept plan in Exhibit C attached hereto and 110
incorporated herein (the "Concept Plan"). 111 112 Section 8. Signs. Section 11.3 shall not apply. Instead, the following shall apply: Signs shall 113 be permitted as generally shown in the sign package in Exhibit D attached hereto and incorporated 114
herein (the "Sign Package") and per the following: 115
116 1. Number & Type: The maximum number of identification wall signs permitted shall 117 be one (1) wall sign on the west building frontage, one (1) wall sign on the north building 118 frontage, and one (1) wall sign on the east building frontage. One (1) additional wall sign 119
shall be permitted on the building frontage where the main entrance is located, and one (1) 120
additional wall sign shall be permitted on the south building frontage. Center identification 121 ground signs shall be permitted as generally shown in the Sign Package and shall be 122 accompanied by a landscaped area at least equal to the total sign area. 123 2. Maximum sign area: 124
Main entrance primary identification wall sign (west frontage): 150 sq. ft. 125
Two (2) additional identification wall signs (north and east frontages): 100 sq. ft. 126 each. 127 Two (2) additional wall signs (west and south frontages): 27 sq. ft. each. 128 Ground signs: 75 sq. ft. each. 129
3. Maximum height of ground signs: ten (10) feet. 130
4. Location: As generally shown in the Sign Package. 131 5. Design: As generally shown in the Sign Package. All wall signs shall consist of 132 individual channel letters. 133 6. Illumination: Internal. Additional wall signs shall not be illuminated. 134
7. Window signs: No window signs are permitted. 135
8. Sign permit: Required. 136 9. Fees: Required. 137 138
Page 4 of 23
The Sign Package shows the conceptual intent and the sizes for the proposed signs. A final sign 139 plan shall be submitted for the Commission’s approval as part of an ADLS or ADLS amendment 140
application. Wayfinding, directional, informational, traffic control, incidental and similar signage 141
are not shown in the Sign Package and shall be permitted per the UDO and any ADLS or ADLS 142 amendment approval. 143 144 Section 9. Bicycle Parking. Short-term bicycle parking shall be provided per Section 5.29 of 145
the UDO (PK-02: Bicycle Parking Standards). 146
147 Section 10. Overnight Parking. There shall be no overnight parking of trucks onsite other 148 than at the loading docks while actively unloading. 149 150
Section 11. Outside Storage. There shall be no overnight outside storage of merchandise, 151
other than propane tanks. Daily merchandise sales shall be permitted generally adjacent to the 152 front public entrance. 153 154 Section 12. Offsite Roadway Improvements. The offsite roadway improvements shall be 155
made as generally shown on the offsite roadway improvements exhibit in Exhibit E attached 156
hereto and incorporated herein (the “Offsite Roadway Improvements”). 157 158 159 160
The remainder of this page is left blank intentionally. 161
Page 5 of 23
Exhibit A 162 163
Real Estate 164
165 Part of Instrument No. 20000036996 & 2005009114 166 167 Part of the northwest quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, 168
Indiana, being more particularly described as follows: 169
170 Commencing at the northwest corner of the south half of said northwest quarter; thence North 89 171 degrees 15 minutes 32 seconds East (basis of bearing is Indiana State Plane Coordinate System- 172 East Zone) along the north line of said south half a distance of 609.82 feet to the POINT OF 173
BEGINNING; thence continuing along said north line North 89 degrees 15 minutes 32 seconds 174
East a distance of 68.81 feet; thence North 46 degrees 28 minutes 09 seconds West a distance of 175 42.36 feet to a point on a non-tangent curve to the right having a radius of 5624.60 feet, the radius 176 point of which bears North 66 degrees 13 minutes 40 seconds East; thence along said curve an arc 177 length of 137.06 feet to a point which bears South 67 degrees 37 minutes 26 seconds West from 178
said radius point; thence North 06 degrees 58 minutes 08 seconds West a distance of 51.51 feet; 179
thence North 16 degrees 01 minutes 15 seconds West a distance of 82.66 feet to the south line of 180 a tract of land described in a Warranty Deed to Lowe's Home Center, Inc. recorded as Instrument 181 No. 2000036996 in the Office of the Recorder in Hamilton County; thence South 90 degrees 00 182 minute 00 seconds East along said south line a distance of 9.21 feet to a point on a non-tangent 183
curve to the right having a radius of 5594.60 feet, the radius point of which bears North 68 degrees 184
56 minutes 17 seconds East; thence along said curve an arc length of 215.03 feet; thence North 90 185 degrees 00 minutes 00 seconds East a distance of 687.13 feet to the east line of said Lowe's Home 186 Center, Inc tract of land said point being 100.00 feet from the north line of a tract of land described 187 in a QUITCLAIM Deed to Kite Greyhound, LLC recorded as Instrument No. 2005009114 in said 188
Recorders Office; thence South 00 degrees 10 minutes 51 seconds West along said east line and 189
the east line of said Kite Greyhound, LLC tract a distance of 626.32 feet to a point on a non-tangent 190 curve to the right having a radius of 278.87 feet the radius point of which bears North 67 degrees 191 12 minutes 27 seconds West; thence along said curve an arc length of 630.33 feet to a point which 192 bears South 62 degrees 17 minutes 54 seconds West from said radius point; thence North 24 193
degrees 51 minutes 15 seconds West a distance of 72.38 feet to a point on a non-tangent curve to 194
the right having a radius of 5671.60 feet the radius point of which bears North 65 degrees 06 195 minutes 51 seconds East; thence along said curve an arc length of 102.38 feet to a point which 196 bears South 66 degrees 08 minutes 54 seconds West from said radius point, said point being the 197 point of beginning, containing 10.01 acres more or less. 198
Page 6 of 23
199
Page 7 of 23
Exhibit B 200 201
Greenbelt Exhibit 202
203
204
Page 8 of 23
Exhibit C 205 206
Concept Plan 207
208
209
Page 9 of 23
Exhibit D 210 211
Sign Package 212
213
214
Page 10 of 23
215
Page 11 of 23
216
Page 12 of 23
217
Page 13 of 23
218
Page 14 of 23
219
Page 15 of 23
220
Page 16 of 23
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223
Page 19 of 23
224
Page 20 of 23
225
Page 21 of 23
Exhibit E 226 227
Offsite Roadway Improvements 228
229
230
231
Page 22 of 23
Exhibit F 232 233
Conditions to Enactment of Ordinance Z-681-23 234
235 The following are imposed as conditions to the enactment of this PUD Amendment Ordinance Z-236 681-23 (the “PUD Amendment Ordinance”), pertaining to the Real Estate, and are hereby 237 referenced as Exhibit F (the “Conditions”). If any Condition conflicts with a provision of the 238
PUD Amendment Ordinance, then the more restrictive shall apply. 239
240 Condition 1. Additional Automobile Filling Station Protection Devices. The following 241 additional protection device(s) shall be installed: 242 243
A. TO BE DETERMINED, PER COORDINATION WITH ENGINEERING 244
DEPARTMENT. 245
Page 23 of 23
The ordinance shall be effective upon its passage by the Council, in accordance with Indiana 246
Code 36-4-6 et seq. 247
248
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of 249
_______________, 2023, by a vote of _____ ayes and _____ nays. 250
251
COMMON COUNCIL FOR THE CITY OF CARMEL 252 253 254 255
Kevin D. Rider, President Jeff Worrell, Vice-President 256
257 258 Adam Aasen Laura D. Campbell 259 260
261 Sue Finkham Anthony Green 262 263 264 Timothy J. Hannon Teresa Ayers 265
266 267 Miles Nelson 268 269 270
271 272 ATTEST 273 274 275
Sue Wolfgang, Clerk 276 277 278 279 280
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 281 Security Number in this document, unless required by law: Mark R. Leach. 282 283 This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, 284 Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 285
46240. 286
Sponsor: Councilor Rider 1
2
RESOLUTION CC-03-06-23-01 3
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 4
APPROVING CERTAIN MATTERS IN CONNECTION WITH THE OLD TOWN 5
ECONOMIC DEVELOPMENT AREA (1933 ALLOCATION AREA) 6
7
Synopsis: 8
Resolution approves (1) a resolution of the Carmel Redevelopment Commission creating 9
a new 1933 Allocation Area within the Old Town Economic Development Area, including an 10
economic development plan supplement, and (2) a related Carmel Plan Commission resolution. 11
12
WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 13
Commission”), as the governing body for the City of Carmel Redevelopment Department, 14
pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2023-02 on 15
January 18, 2023 (the “CRC Resolution”), which made certain amendments to the previously 16
declared Old Town Economic Development Area (the “Economic Development Area”) and the 17
Economic Development Plan (the “Plan”) for the Economic Development Area (such Plan 18
amendments, the “Plan Supplement”); and 19
20
WHEREAS, the City of Carmel Plan Commission, on February 21, 2023, approved and 21
adopted its Resolution No. PC-02-21-23-a (the “Plan Commission Order”) determining that the 22
CRC Resolution and Plan Supplement conform to the plan of development for the City of 23
Carmel, Indiana (the “City”) and approving the CRC Resolution and the Plan Supplement; and 24
25
WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 26
submitted the CRC Resolution, the Plan Supplement and the Plan Commission Order to the 27
Common Council of the City. 28
29
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 30
Carmel, Indiana, as follows: 31
32
1. Pursuant to Section 16(b) of the Act, the Common Council of the City 33
determines that the CRC Resolution and the Plan Supplement conform to the plan of 34
development for the City, and approves the CRC Resolution, the Plan Supplement and the Plan 35
Commission Order. 36
37
2. This Resolution shall be in full force and effect from and after its passage 38
by the Council and approval by the Mayor as required by law. 39
40
41
2
PASSED by the Common Council of the City of Carmel, this _____ day of _____________, 42
2023, by a vote of ______ ayes and ____ nays. 43
44
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 45
46
___________________________________ 47
Jeff Worrell, President Laura Campbell, Vice-President 48
49
___________________________________ ____________________________________ 50
Sue Finkam Kevin D. Rider 51
52
___________________________________ ____________________________________ 53
Tim Hannon Miles Nelson 54
55
___________________________________ ___________________________________ 56
Tony Green Adam Aasen 57
58
___________________________________ 59
Teresa Ayers 60
61
ATTEST: 62
63
__________________________________ 64
Sue Wolfgang, Clerk 65
66
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 67
_________________________ 2023, at _______ __.M. 68
69
____________________________________ 70
Sue Wolfgang, Clerk 71
72
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 73
________________________ 2023, at _______ __.M. 74
75
____________________________________ 76
James Brainard, Mayor 77
78
79
ATTEST:
Sue Wolfgang, Clerk
80
Prepared by: Bradley J. Bingham 81
Barnes & Thornburg LLP 82
11 South Meridian Street 83
Indianapolis, IN 46204 84
85 86
87
DMS 25419986.1 88
RESOLUTION NO. PC-02-21-23-a
RESOLUTION OF THE CITY OF CARMEL PLAN COMMISSION
APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND
DEVELOPMENT PLAN FOR THE OLD TOWN ECONOMIC DEVELOPMENT AREA
1933 ALLOCATION AREA)
WHEREAS, the City of Cannel Plan Commission (the "Plan Commission") is the body
charged with the duty of developing a general plan of development for the City of Cannel, Indiana
the "City"); and
WHEREAS, the City of Cannel Redevelopment Commission (the "Redevelopment
Commission") on January 18, 2023, approved and adopted its Resolution No. 2023-02 (the
Resolution") approving certain amendments to the declaratory resolution and economic
development plan for the Old Town Economic Development Area; and
WHEREAS, the Redevelopment Commission has submitted the Resolution to this Plan
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL PLAN
COMMISSION, as follows:
1.The Resolution conforms to the plan of development for the City.
2. This Plan Commission hereby approves the Resolution. This resolution hereby
constitutes the written order of the Plan Commission approving the Resolution pursuant to I.C.
36-7-14-16.
3. The Secretary of this Plan Commission is hereby directed to file a copy of the
Resolution with the minutes of this meeting.
SO RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION this 2 Pt day of
February, 2023.
pre' C E PL N COMMISSION
President
ATTEST:
ff**Or
fretary
DMS 25002896.1
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE NO. D-2665-23 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING SECTION 6-33 TO CHAPTER 6, ARTICLE 3 OF THE CARMEL CITY CODE 4
5
Synopsis: Updating and Clarifying City of Carmel Merit Law. 6
7
WHEREAS, the Common Council has previously established Police and Fire Merit Boards and 8
system pursuant to Indiana Code Section 36-1-4-14 upon such terms and conditions as are set forth 9
in Carmel City Code Section 6-33; and 10
11
WHEREAS, it is necessary to update the language of Carmel City Code Section 6-33 to provide 12
greater flexibility regarding the appointment of certain executive assistants to help further fulfil and 13
achieve public safety goals, including administrative efficiency; and 14
15
WHEREAS, the language of Carmel City Code Section 6-33 also requires updating to provide 16
greater organisational uniformity and clarity; and 17
18
WHEREAS, the Common Council now desires to amend Carmel City Code Section 6-33. 19
20
21
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 22
Indiana, as follows: 23
24
25
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 26
27
Section 2. The following subsections of Carmel City Code Section 6-33 are hereby amended to 28
read as follows: 29
30
31
Ҥ 6-33 Carmel Fire and Police Department Merit System. 32
33
34
(b) Fire Chief; Police Chief. The Chief ("Fire Chief" or “Chief”) of the City of Carmel Fire 35
Department ("Fire Department" or "Department", as context dictates) and the Chief ("Police Chief" 36
or “Chief”) of the City of Carmel Metropolitan Police Department ("Police Department" or 37
"Department", as context dictates) shall each be appointed by the Mayor, shall have exclusive control 38
over and charge of the operations of their respective Departments, subject to lawful rules and orders, 39
and, with the approval of the City of Carmel Board of Public Works and Safety, shall appoint any 40
number of executive assistants as each deems necessary to efficiently discharge his executive duties. 41
The Fire Chief shall select his executive assistants from any of the Fire Department members, except 42
the Deputy Chief of Operations and the Battalion Chief(s) shall who hold the permanent merit rank 43
of Lieutenant or above. and tThe Police Chief shall select allhis executive assistants from Police 44
Department members who hold the permanent merit rank of Sergeant or above. These appointed 45
ranks shall be temporary, and each member appointed to such a position shall retain the member’s 46
his permanent merit rank, except as permitted by the Merit System established herein. 47
48
49
Ordinance D-2665-23 50
Page One of Six 51
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(c) Carmel Fire Department Merit Board; Carmel Police Department Merit Board. 52
(1) There shall be established, under the Carmel Fire and Police Department Merit System, both 53
a City of Carmel Civilian Fire Merit Board ("Fire Board" or "Board", as context dictates) and a City 54
of Camel Civilian Police Merit Board ("Police Board" or "Board", as context dictates), which Boards 55
shall consist of five commissioners each. One commissioner of each Board shall be appointed by the 56
Common Council and, two commissioners of each Board shall be appointed by the Mayor. In 57
addition, two commissioners of the Fire Board shall be elected by the active members of the Fire 58
Department and two commissioners of the Police Board shall be elected by the active members of 59
the Police Department, all in accordance with the provisions of I.C., 36-8-3.5-8, as amended. 60
A(i) Membership Criteria: 61
1(A) Each Board commissioner shall be a resident of the City of Carmel or Clay 62
Township and have been a resident of same for at least one year prior to his their appointment or 63
election to the Board; 64
2(B) No Board commissioner shall be an active member of a police department or a 65
fire department, nor hold any elected office in either the City of Carmel or Clay Township; 66
A(C) No Board commissioner shall be the: 67
i(I) Parent or step-parent; 68
ii(II) Sibling or step-sibling; 69
iii(III) Child or step-child; 70
iv(IV) Spouse; and/or 71
v(V) Grandparent or step-grandparent; 72
of any sworn member of the Department over which the Board commissioner would preside. 73
B(D) The Fire Chief and the Police Chief shall be ex officio members of their 74
respective Boards, without voting power; 75
3(ii). Term of Office: 76
A(A) All Board commissioners shall be appointed or elected, as the case may be, to 77
serve for two-year terms, unless earlier removed, and shall serve until their successor is appointed or 78
elected. Commissioners shall serve at the pleasure of their appointing or electing authority, and may 79
be removed at any time with or without cause or right to a hearing, and their replacements to serve 80
the remainder of their term, except that commissioners elected pursuant to I.C., 36-8-3.5-8 shall be 81
removed and their replacement selected in accordance with that statutory section. 82
B(B) Board commissioners may be appointed or elected for an unlimited number of 83
successive two-year terms, may be appointed to serve on one or both Boards, and shall not be paid 84
for their Board service, except that they may be reimbursed for actual expenses incurred in the 85
performance of their Board duties. 86
(2) Three commissioners of a Board shall constitute a quorum of that Board for purposes of 87
taking official action. 88
(3) Within 60 days from the date of its selection, each Board shall establish rules to govern its 89
operation, including the time and place of regular meetings and such special meetings as are necessary 90
to transact its business. Each year, each Board shall select from its commissioners a President, a Vice 91
President, and a Secretary. No commissioner may hold more than one of these offices on a Board at 92
a time. 93
(4) The Boards shall administer and supervise the Merit System established herein 94
conscientiously and pursuant to applicable law. 95
96
97
98
99
Ordinance D-2665-23 100
Page Two of Six 101
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(d) Merit Selection; Procedures. 102
(1) All persons shall be appointed and/or re-appointed to the Fire Department or to the Police 103
Department in accordance with the merit selection and appointment procedures created herein and 104
with such written rules and regulations as may be established by their Department Board in 105
accordance with same. Appointments and re-appointments to the Police and Fire Departments shall 106
be made without regard to a person's political party preference or activity. 107
(2) Any person who is a citizen of the United States, is at least 21 years of age and less than 36 108
years of age (unless otherwise eligible by law), has at least a high school diploma or equivalent, and 109
has not been convicted within the past 20 years of a crime that is currently a felony under Indiana 110
law, is eligible to apply to become a member of the Fire or Police Department. The above age 111
requirements do not apply to a person who has previously been employed as a member of either 112
Department. Each eligible applicant must meet and continue to meet all minimum fitness/medical/ 113
psychological standards as adopted by their Department as a condition of employment with said 114
Department. Each Department shall develop such job related minimum standards with the assistance 115
of an independent consultant, if necessary, in order to meet applicable federal and state laws. 116
(3) All persons appointed or re-appointed to the Fire or Police Department must establish their 117
place of residence in accordance with I.C., 36-8-4-2(a), as the same may be amended from time to 118
time, within twelve (12) months of their appointment or re-appointment. 119
(4) All applicants must pass a written examination that evaluates their aptitude and intellectual 120
capacity for work as a firefighter or police officer, a job related agility test, a structured oral interview 121
process, and such other job related tests and examinations as may be required by the Chief of the 122
applicable Department, prior to beginning work in that Department. 123
(5) The terms and conditions contained in this section shall, without further action by either 124
Board, be deemed modified to the extent necessary to conform with any change in the law that renders 125
the same unlawful, as set forth in a written legal opinion provided by the Carmel Corporation 126
CounselCity Attorney. 127
128
(e) Probationary Period. 129
(1) Police Department. The "Probationary Period" for a police officer newly appointed or 130
reappointed to the Police Department shall extend from the date the officer completes the Carmel 131
Police Department Field Training Officer Program ("Recruit School"), until such time as the officer 132
has completed and performed one year of Active Duty in the Carmel Police Department. "Active 133
Duty" shall mean the full duties and responsibilities required of a Carmel police officer and shall 134
include Department approved training (not including Recruit School) and any used vacation time, 135
holiday time, bereavement time, and/or, sick time, but shall not include any other period of leave, 136
any period of suspension, or any period of limited/light duty status. Each probationary police officer 137
shall be evaluated monthly during the officer’s his/her Probationary Period by the officer’s his/her 138
immediate supervisor pursuant to the evaluation system provided for herein or as later adopted by 139
the Police Chief, after consultation with the Police Department Merit Board. The appointment of a 140
police officer to the Police Department shall become permanent when the officer’s his/her has 141
successfully completed the officer’s his/her Probationary Period. While a police officer is in Recruit 142
School or in a Probationary Period, the officer he/she is an "at-will" employee who may be terminated 143
with or without cause and without a hearing. 144
145
146
147
148
149
Ordinance D-2665-23 150
Page Three of Six 151
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(2) Fire Department. The "Probationary Period" for newly appointed or reappointed firefighters 152
shall extend from the date a firefighter completes the Carmel Fire Department Fire and EMS Training 153
("Recruit School"), until such time as the firefighter has completed and performed one year of 154
Operational Service in the Carmel Fire Department. "Operational Service" shall mean the full duties 155
and responsibilities required of an on-shift Carmel firefighter in a Department fire station(s) and shall 156
include Department approved training (not including Recruit School) and any used vacation time, 157
holiday time, bereavement time, and/or, sick time, but shall not include any other period of leave, 158
any period of suspension, or any period of limited/light duty status. Throughout the Probationary 159
Period, a firefighter shall be evaluated pursuant to the Fire Department's evaluation system as adopted 160
and set forth in the Fire Department Rules by the Fire Chief, after consultation with the Fire Merit 161
Board. The appointment of a firefighter to the Fire Department shall become permanent when he/she 162
has successfully completed the firefighter’s his/her Probationary Period. While in Recruit School or 163
in a Probationary Period, all firefighters are "at-will" employees who may be terminated with or 164
without cause and without a hearing. 165
166
(f) Merit Promotion System. 167
(1) There is hereby established a Carmel Fire and Police Department Merit Promotion System 168
("Merit Promotion System") that shall be administered in accordance with the Fire and Police 169
Departments' respective rules and regulations. The Merit Promotion System shall apply to all 170
promotions of Fire Department members to the ranks of Engineer, Lieutenant, and Captain and to all 171
promotions of Police Department members to the ranks of Master Patrol Officer, Sergeant, and 172
Lieutenant only. The Chief of each Department, after consultation with his Department's the Board, 173
shall set standards for merit promotion within histhe Department in conformity with similar standards 174
of comparable fire or police departments, as the case may be, and shall establish reasonable 175
prerequisites of training, education and experience for each rank, grade and position in their 176
Department subject to the Merit Promotion System. 177
(2) In determining years of service for promotion eligibility, all time served by a member from 178
histhe member’s most recent date of appointment to histhe Department shall be considered. The 179
Board shall resolve any issues relating to the determination of a member's years of service. A member 180
may be promoted only to the next highest rank in conjunction with histhe Department's rules and 181
regulations. 182
(3) The Fire Chief and the Police Chief, after consultation with their Department Board, shall 183
each establish process phases and procedures for use in selecting candidates for promotion to the 184
various ranks within their respective Departments. The Chiefs may use the services of professional 185
consultants from outside their Departments to assist them in developing and administering such 186
process phases and procedures, which shall be established in conformity with standard psychometric 187
procedures, equal opportunity laws and generally accepted standards for such Departments. Such 188
processes may include a written examination, structured interviews, performance evaluations, and/or 189
assessment-centered techniques, structured to accommodate the various rank levels. 190
(4) The Fire Chief and Police Chief shall make promotions to ranks covered by the Merit 191
Promotion System only after consultation with their Department Board. Such promotions shall be 192
made to position vacancies identified and designated by said Chief. In making these promotion 193
decisions, the Chiefs shall promote those candidates who, in their opinion, after consultation with 194
their Department Board, are best qualified for the position vacancies, based upon the cumulative 195
scores generated by the promotion procedures established under the Carmel Fire and Police 196
Department Merit System, and subject to and consistent with the needs of their Department, the City 197
and applicable law. 198
199
Ordinance D-2665-23 200
Page Four of Six 201
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(5) All Merit Promotion System policies and procedures applicable to the Fire Department shall 202
be made readily available to posted at all Fire Department membersstations. All Merit Promotion 203
System policies and procedures applicable to the Police Department shall be made readily available 204
to posted at all Police Department membersstations. 205
(6) All Merit Promotion System promotions shall be made without regard to a 206
membercandidate's political party preference or activities. There shall be no acting ranks in 207
suppression. 208
209
(g) Evaluations. The Fire Chief and the Police Chief, after consultation with their Department 210
Board, shall each establish a written system for the evaluation of the work performance of each 211
member of histheir Department at least once each calendar year.” 212
213
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this 214
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this 215
Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this 216
Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or 217
proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings 218
are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as 219
if this Ordinance had not been adopted. 220
221
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court 222
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 223
Ordinance so long as enforcement of same can be given the same effect. 224
225
Section 5. The remaining portions of Carmel City Code Section 6-33 are not affected by this 226
Ordinance upon its passage. 227
228
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 229
and signing by the Mayor. 230
231
232
233
234
235
236
[The remainder of this page is left intentionally blank] 237
238
239
240
241
242
243
244
245
246
247
248
249
250
Ordinance D-2665-23 251
Page Five of Six 252
SPONSOR(S): Councilors Worrell, Aasen
And Rider
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 02/24/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 20___, by 253
a vote of _____ ayes and _____ nays. 254
255
256
COMMON COUNCIL FOR THE CITY OF CARMEL 257
258
259
___________________________________ __________________________________ 260
Jeff Worrell, President Laura D. Campbell, Vice-President 261
262
263
___________________________________ __________________________________ 264
Kevin D. Rider Sue Finkam 265
266
267
___________________________________ __________________________________ 268
Anthony Green Adam Aasen 269
270
271
___________________________________ __________________________________ 272
Timothy J. Hannon Miles Nelson 273
274
275
___________________________________ 276
Teresa Ayers 277
278
279
ATTEST: 280
___________________________________ 281
Sue Wolfgang, Clerk 282
283
284
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 285
_________________________ 20___, at _______ __.M. 286
287
____________________________________ 288
Sue Wolfgang, Clerk 289
290
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 291
________________________ 20___, at _______ __.M. 292
293
____________________________________ 294
James Brainard, Mayor 295
ATTEST: 296
___________________________________ 297
Sue Wolfgang, Clerk 298
299
300
Ordinance D-2665-23 301
Page Six of Six 302