HomeMy WebLinkAbout03.20.23 CC Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, MARCH 20, 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
6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8. CONSENT AGENDA
a. Approval of Minutes
1. March 6, 2023 Regular Meeting
b. Claims
1. Payroll $1,136,078.42 and $3,489,483.48
2. General Claims $6,669,328.53
3. Retirement $106,146.00
4. Wire Transfers $2,196,005.70
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)
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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. Report from the Humane Society of Hamilton County
l. All reports designated by the Chair to qualify for placement under this category.
12. OLD BUSINESS
a. Second 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. Returning from the Land Use
and Special Studies Committee.
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.
b. 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. Remains in the
Finance, Utilities and Rules Committee.
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.
13. PUBLIC HEARINGS
14. NEW BUSINESS
a. First Reading of Ordinance D-2666-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 4, Article 1, Division III, Section 4-26 of the
Carmel City Code; Sponsor: Councilor Worrell.
Synopsis:
Amends the fees to cover the costs of the Carmel Police Department to run a criminal
history report for door-to-door vendor employees and agents.
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15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS
a. City Council Appointments
1. Carmel Audit Committee (two-year term); One appointment.
17. ANNOUNCEMENTS
18. ADJOURNMENT
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COMMON COUNCIL 2
MEETING MINUTES 3
MONDAY, MARCH 6, 2023 – 6:00 P.M. 4
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 5
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MEETING CALLED TO ORDER 7
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Council President Jeff Worrell; Council Members: Laura Campbell, Kevin D. Rider, Sue Finkam, Adam 9
Aasen, Timothy Hannon, Miles Nelson, Teresa Ayers and Deputy Clerk Jacob Quinn were present. 10
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Councilor Anthony Green was not present. 12
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Council President Worrell called the meeting to order at 6:00 p.m. 14
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AGENDA APPROVAL 16
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The agenda was approved unanimously. 18
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INVOCATION 20
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Rev. George Davis, Carmel Police Department Chaplain, delivered the Invocation 22
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Councilor Hannon led the Pledge of Allegiance. 24
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RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 26
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Council President Worrell presented a Proclamation Recognizing Save Soil Day. 28
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RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 30
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There were none. 32
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COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 34
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Councilor Campbell recognized March as Disability Awareness Month . 36
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CONSENT AGENDA 38
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Councilor Rider moved to approve the consent agenda. Councilor Campbell seconded. There was no 40
Council discussion. Council President Worrell called for the vote. The motion was approved 8-0. 41
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a. Approval of Minutes 43
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1. February 20, 2023 Regular Meeting 45
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b. Claims 47
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1. Payroll $3,515,839.94 49
2. General Claims $1,582,638.63 50
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ACTION ON MAYORAL VETOES 52
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There were none. 54
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COMMITTEE REPORTS 56
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Council President Worrell reported that the Finance, Utilities and Rules Committee had not met. 58
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Councilor Campbell reported that the Land Use and Special Studies had not met. 60
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OTHER REPORTS – (at the first meeting of the month specified below): 62
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Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the monthly 64
Redevelopment Commission report. 65
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OLD BUSINESS 67
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PUBLIC HEARINGS 70
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Councilor President Worrell announced the First Reading of Ordinance Z-681-23; An Ordinance of the 72
Common Council of the City of Carmel, Indiana, Amending the 146th Street and Keystone Avenue 73
Planned Unit Development District (Z-344). Councilor Aasen moved to introduce the item into business. 74
Councilor Rider seconded. Councilor Aasen introduced the item to Council. Steve Hardin, Faegre Drinker, 75
presented the item to Council. Gene Beiermann, Kite Realty, addressed issues concerning traffic in the 76
area. Council President Worrell opened the public hearing at 6:36 p.m. 77
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Mike Wheeler stated that the intersection is a problem and needs a major redesign. What is currently 79
proposed is not enough. 80
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Seeing no one else who wished to address Council, Council President Worrell closed the public hearing at 82
6:38 p.m. Council President Worrell referred the item to the Land Use and Special Studies Committee. 83
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NEW BUSINESS 85
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Councilor President Worrell announced Resolution CC-03-06-23-01: A Resolution of the Common 87
Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Town 88
Economic Development Area (1933 Allocation Area). Councilor Rider moved to introduce the item into 89
business. Councilor Campbell seconded. Henry Mestetsky presented the item to Council. Council 90
President Worrell referred the item to the Finance, Utilities and Rules Committee. 91
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Councilor President Worrell announced the First Reading of Ordinance D-2665-23; An Ordinance of the 94
Common Council of the City of Carmel, Indiana, Amending Section 6-33 to Chapter 6, Article 3 of the 95
Carmel City Code. Councilor Rider moved to introduce the item into business. Councilor Campbell 96
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seconded. Chief David Haboush, Carmel Fire Department, presented the item to Council. Councilor Rider 97
moved to suspend the rules and act on this tonight. Councilor Nelson seconded. There was no Council 98
discussion. Council President Worrell called for the vote. The motion was approved 8-0. Councilor Rider 99
moved to approve Ordinance D-2665-23. Councilor Nelson seconded. There was no Council discussion. 100
Council President Worrell called for the vote. Ordinance D-2665-23 was approved 8-0. 101
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AGENDA ADD-ON ITEMS 104
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OTHER BUSINESS 106
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City Council Appointments 108
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Carmel Audit Committee (two-year term); One appointment. No appointment was made. 110
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Carmel Climate Action Advisory Committee (two-year term); One appointment. Nanette Barrett was 112
appointed unanimously. 113
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ADJOURNMENT 115
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Council President Worrell adjourned the meeting at 6:54 p.m. 117
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Respectfully submitted, 119
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____________________________________ 121
Sue Wolfgang, Clerk 122
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Approved, 124
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____________________________________ 127
Jeff Worrell, Council President 128
ATTEST: 129
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__________________________________ 132
Sue Wolfgang, Clerk 133
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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
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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
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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
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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
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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
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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
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Exhibit B 200 201
Greenbelt Exhibit 202
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Exhibit C 205 206
Concept Plan 207
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Exhibit D 210 211
Sign Package 212
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Exhibit E 226 227
Offsite Roadway Improvements 228
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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. In addition to the 241 protection devices listed in Section 2.1 of this PUD Amendment Ordinance, additional controls 242 shall be installed as noted on the fuel containment concept plan in Exhibit F.1 attached hereto and 243
incorporated herein (the “Fuel Containment Concept Plan”). 244
245 Condition 2. Groundwater Monitoring Program. The Automobile Filling Station shall adhere 246 to a groundwater monitoring program acceptable to Carmel Utilities, if deemed necessary by 247 Carmel Utilities. 248
249 Condition 3. Protection Devices Design. The Automobile Filling Station protection devices 250 shall be designed to treat and contain pollutants from the fueling operation prior to entering the 251 overall water quality and detention system for the remaining parking lot and building.252
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Exhibit F.1 253 254
Fuel Containment Concept Plan 255
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The ordinance shall be effective upon its passage by the Council, in accordance with Indiana 258
Code 36-4-6 et seq. 259
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ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of 261
_______________, 2023, by a vote of _____ ayes and _____ nays. 262
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COMMON COUNCIL FOR THE CITY OF CARMEL 264 265 266 267
Kevin D. Rider, President Jeff Worrell, Vice-President 268
269 270 Adam Aasen Laura D. Campbell 271 272
273 Sue Finkham Anthony Green 274 275 276 Timothy J. Hannon Teresa Ayers 277
278 279 Miles Nelson 280 281 282
283 284 ATTEST 285 286 287
Sue Wolfgang, Clerk 288 289 290 291 292
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 293 Security Number in this document, unless required by law: Mark R. Leach. 294 295 This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, 296 Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 297
46240. 298
SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 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-2666-23 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 4, ARTICLE 1, DIVISION III, SECTION 4-26 4
OF THE CARMEL CITY CODE 5
6
Synopsis: Amends the fees to cover the costs of the Carmel Police Department to run a criminal 7
history report for door-to-door vendor employees and agents. 8
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WHEREAS, the City of Carmel, Indiana (“City”) has the power and authority, pursuant to Indiana Code § 10
36-8-2-4 and its general police powers, to regulate conduct on and the use of property in order to protect public 11
health, safety, and welfare; and 12
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WHEREAS, Chapter 4, Article 1, Division III, Section 26 of the Carmel City Code regulates door-to-door 14
solicitation within the corporate boundaries of the City, requiring a license for door-to-door vendors, and, as a 15
condition of that license, a criminal background check for all vendor employees and agents who will be 16
involved in door-to-door solicitation pursuant to a license; and 17
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WHEREAS, the City may impose a license fee that is equal or less than the amount reasonably related to the 19
administrative cost of exercising a regulatory power, under Indiana Code Chapter 36-1-3; and 20
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WHEREAS, the costs for the Carmel Police Department to run a criminal history report for vendor employees 22
and agents exceeds the fee currently set forth under Code and the costs continue to increase each year; and 23
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WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is the public interest to 25
update Chapter 4, Article 1, Division III, Section 26 of the Carmel City Code to allow the Carmel Police 26
Department to collect the cost to obtain a criminal history report for door-to-door vendor employees and agents. 27
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NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as 29
follows: 30
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Section 1. The foregoing Recitals are fully incorporated herein by this reference. 32
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Section 2. Carmel City Code Section 4-26(c) is hereby amended to read as follows: 34
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§ 4-26 Door-To-Door Vendors. 36
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“(c) Each vendor, and each employee and agent of said vendor who is involved in door-to-door 38
solicitation pursuant to a license issued to the vendor under this Section, shall also provide a valid 39
government issued photo ID and signed release authorizing the Carmel Police Department ("CPD") to 40
run a criminal history report on the same. For each employee and/or agent requiring a criminal history 41
report, the vendor shall pay a non-refundable criminal history report fee of $20 to off-set not to exceed 42
the costs of obtaining the criminal history report on such individual by the CPD. If any vendor, or any 43
employee or agent of said vendor who is named in the application is found to have a felony or 44
misdemeanor conviction within 10 years of the application date for a crime of dishonesty, fraud, theft, 45
violence and/or moral turpitude, the Chief of Police may require said vendor, employee or agent to 46
deliver an official copy of any records reasonably related to such conviction.” 47
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Ordinance D-2666-23 49
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SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 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.
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 51
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 52
repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 53
ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 54
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 55
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 56
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Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 58
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 59
so long as enforcement of same can be given the same effect. 60
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Section 5. The remaining portions of Carmel City Code Section 4-26 are not affected by this 62
Ordinance upon its passage. 63
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Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 65
and signing by the Mayor. 66
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Ordinance D-2666-23 99
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SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 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 a 101
vote of _____ ayes and _____ nays. 102
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COMMON COUNCIL FOR THE CITY OF CARMEL 105
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___________________________________ __________________________________ 108
Jeff Worrell, President Laura D. Campbell, Vice-President 109
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___________________________________ __________________________________ 112
Kevin D. Rider Sue Finkam 113
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___________________________________ __________________________________ 116
Anthony Green Adam Aasen 117
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___________________________________ __________________________________ 120
Timothy J. Hannon Miles Nelson 121
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___________________________________ 124
Teresa Ayers 125
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ATTEST: 127
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___________________________________ 129
Sue Wolfgang, Clerk 130
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 133
_________________________ 20___, at _______ __.M. 134
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____________________________________ 136
Sue Wolfgang, Clerk 137
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 139
________________________ 20___, at _______ __.M. 140
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James Brainard, Mayor 143
ATTEST: 144
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___________________________________ 146
Sue Wolfgang, Clerk 147
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Ordinance D-2666-23 149
Page 3 of 3 150