HomeMy WebLinkAbout12.06.23 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
WEDNESDAY, DECEMBER 6, 2023 – 5:00 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. November 20, 2023 Regular Meeting
b. Claims
1. Payroll $3,452,609.07
2. General Claims $3,576,170.74
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)
b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October)
c. Audit Committee (Bi-annual – May, October)
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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
a. Second Reading of Ordinance Z-684-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning 154 W. Carmel Drive to the C1/City Center District;
Sponsor: Councilor Aasen. Remains in the Land Use and Special Studies Committee
(12/11/2023 Meeting Date)
Synopsis:
This ordinance rezones 3.3 acres located at the northeast corner of Carmel Drive
and the Monon Greenway to the C1/City Center District.
b. Second Reading of Ordinance Z-685-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Rezoning 988 3rd Avenue SW to the C1/City Center District;
Sponsor: Councilor Aasen. Remains in the Land Use and Special Studies Committee
(12/11/2023 Meeting Date)
Synopsis:
This ordinance rezones 5.5 acres located at the northeast corner of 3rd Avenue SW and
Gradle Drive to the C1/City Center District.
c. Second Reading of Ordinance D-2688-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax
Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and
Approving Other Actions in Respect Thereto; Sponsor: Councilor Worrell. Tabled Until
January 8, 2024
Synopsis:
Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, Indiana,
to finance improvements to support the development of the Gramercy Project.
d. Second Reading of Ordinance D-2690-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax
Increment Revenue Bonds to Support the Valentina Project, and Authorizing and
Approving Other Actions in Respect Thereto; Sponsor: Councilor Worrell. Tabled Until
January 8, 2024
Synopsis:
Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, Indiana,
to finance improvements to support the development of the Valentina Project.
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e. Second Reading of Ordinance D-2691-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Designating the Caperton-Carter House Historic District Located
at 35 and 39 Maplecrest Drive; Sponsor: Councilor Aasen. Remains in the Land Use and
Special Studies Committee (12/11/2023 Meeting Date)
Synopsis:
Designates a historic district consisting of the Caperton-Carter House property, located at
35 and 39 Maplecrest Drive.
f. Second Reading of Ordinance D-2696-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel City
Code; Sponsor(s): Councilor(s) Worrell, Aasen, Rider and Hannon. Remains in the
Finance, Utilities and Rules Committee (12/14/2023 Meeting Date)
Synopsis:
Establishes a speed limit of 20 miles per hour within roundabouts.
13. PUBLIC HEARINGS
14. NEW BUSINESS
a. First Reading of Ordinance D-2692-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 2, Division IV, Section 9-55 and
Restating the Schedule of Rates and Charges Collected by the Water Utility; Sponsor(s):
Councilor(s) Worrell and Finkam.
Synopsis:
Amends the rates and charges for water service collected by Carmel Utilities within the
City of Carmel.
b. First Reading of Ordinance D-2693-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 2, Division II, Section 9-44,
Chapter 9 Article 2, Division III Sections 9-45, 9-51 and 9-52 and Chapter 9 Article 2,
Division IV, Sections 9-58, 9-62, and 9-75 of the Carmel City Code; Sponsor(s):
Councilor(s) Worrell and Finkam.
Synopsis:
Amends the schedule of non-recurring fees for water service collected by Carmel Utilities
within the City of Carmel.
c. First Reading of Ordinance D-2694-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 3, Division IV, Section 9-171 of the
Carmel City Code; Sponsor(s): Councilor(s) Worrell and Finkam.
Synopsis:
Amends the charges for sewer service collected by Carmel Utilities within the City of
Carmel.
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15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS
17. ANNOUNCEMENTS
18. ADJOURNMENT
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COMMON COUNCIL 1
MEETING MINUTES 2
MONDAY, NOVEMBER 20, 2023 – 6:00 P.M. 3
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 4
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MEETING CALLED TO ORDER 7
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Council President Jeff Worrell; Council Members: Laura Campbell, Sue Finkam, Anthony Green, Kevin 9
D. Rider, Adam Aasen, Teresa Ayers and Deputy Clerk Jacob Quinn were present. 10
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Councilors Timothy Hannon and Miles Nelson were 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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Pastor Tim Ayers, Grace Church, delivered the Invocation 22
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Councilor Rider led the Pledge of Allegiance. 24
25
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 26
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Mayor Brainard presented the Range Line Pioneer Award to Mo Merhoff. 28
29
Avika Garg presented to Council on the significance of Diwali and thanked Council for the City’s 30
Proclamation Celebrating Hindu American Awareness and Appreciation Month 31
32
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 33
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Chad Hughes, Carmel Fire Department, explained to Council how retiree insurance for Carmel 35
Firefighters is cost prohibitive. This is a major issue for firefighters who have sacrificed their bodies. The 36
cost is over $48,000 a year before retirees receive the benefit of the health insurance. He left documents 37
for Council to review from other cities that have better plans. 38
39
Dee Fox, Carmel Citizens for Responsible Zoning, stated that the 111th & Penn project exemplifies the 40
growing problem of intense downtown type developments slowly encroaching on residential areas. The 41
sigh has low density neighborhoods right next to them and she doesn’t believe neighbors have been 42
included enough in the planning and that it is devoid of enough green space. Next week, this project will 43
request a variance from the BZA for an increase to 95% lot coverage (up from the current 80%). When a 44
final plan is submitted, she asked that Council require meaningful improvements. 45
46
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Jill Meisenheimer, Carmel Citizens for Responsible Zoning, stated that Carmel is being overwhelmed by 47
massive, dense, multi-use developments that are initially approved by City Council. Developers are 48
increasingly asking for more variances with more substantial changes. The 111th and Penn Project is too 49
dense compared to surrounding neighborhoods. She asked Council to please help protect green space in 50
Carmel. 51
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COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 53
54
There were none. 55
56
CONSENT AGENDA 57
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Councilor Rider moved to approve the consent agenda. Councilor Campbell seconded. There was no 59
Council discussion. Council President Worrell called for the vote. The motion was approved 7-0. 60
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a. Approval of Minutes 62
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1. October 16, 2023 Regular Meeting 64
2. October 24, 2023 Special Meeting 65
3. November 2, 2023 Special Meeting 66
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b. Claims 68
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1. General Claims $2,393,640.51 70
2. Retirement $107,695.97 71
3. Wire Transfers $4,528,869.74 72
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ACTION ON MAYORAL VETOES 74
75
There were none. 76
77
COMMITTEE REPORTS 78
79
Council President Worrell reported that the Finance, Utilities and Rules Committee had not met. 80
81
Councilor Campbell reported that the Land Use and Special Studies had not met. 82
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OTHER REPORTS – (at the first meeting of the month specified below): 84
85
Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the monthly 86
Redevelopment Commission report. 87
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OLD BUSINESS 89
90
PUBLIC HEARINGS 91
92
Council President Worrell announced the First Reading of Ordinance D-2685-23; An Ordinance of the 93
Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation 94
of Funds from the Operating Balance of the General Fund to the 2023 Carmel Fire Department Budget, 95
Councilor Rider moved to introduce the item into business. Councilor Green seconded. Councilor Rider 96
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introduced the item to Council. Chief David Haboush, Carmel Fire Department, presented the item to 97
Council. Council President Worrell opened the public hearing at 6:40 p.m. 98
99
Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 6:41 100
p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam seconded. 101
There was no Council discussion. Council President Worrell called for the vote. The motion was approved 102
7-0. Councilor Rider moved to approve Ordinance D-2685-23. Councilor Campbell seconded. There was 103
no Council discussion. Council President Worrell called for the vote. Ordinance D-2685-23 was 104
approved 7-0. 105
106
Council President Worrell announced the First Reading of Ordinance D-2686-23; An Ordinance of the 107
Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation 108
of Funds from the Operating Balance of the General Fund to the 2023 Community Relations and 109
Economic Development Budget. Councilor Rider moved to introduce the item into business. Councilor 110
Campbell seconded. Councilor Rider introduced the item to Council. Nancy Heck, Director of Community 111
Relations and Economic Development, presented the item to Council. Council President Worrell opened 112
the public hearing at 6:42 p.m. 113
114
Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 115
6:42:30 p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam 116
seconded. There was no Council discussion. Council President Worrell called for the vote. The motion 117
was approved 7-0. Councilor Rider moved to approve Ordinance D-2686-23. Councilor Campbell 118
seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D-119
2686-23 was approved 7-0. 120
121
Council President Worrell announced the First Reading of Ordinance D-2687-23; An Ordinance of the 122
Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of Funds 123
from the Non-Reverting Carter Green Ice Rink Fund (Fund #922). Councilor Rider moved to introduce 124
the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. 125
Nancy Heck, Director of Community Relations and Economic Development, presented the item to 126
Council. Council President Worrell opened the public hearing at 6:42 p.m. 127
128
Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 129
6:42:30 p.m. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Campbell 130
seconded. There was no Council discussion. Council President Worrell called for the vote. The motion 131
was approved 7-0. Councilor Rider moved to approve Ordinance D-2687-23. Councilor Finkam seconded. 132
There was no Council discussion. Council President Worrell called for the vote. Ordinance D-2687-23 133
was approved 7-0. 134
135
Council President Worrell announced the First Reading of Ordinance Z-684-23; An Ordinance of the 136
Common Council of the City of Carmel, Indiana, Rezoning 154 W. Carmel Drive to the C1/City Center 137
District. Councilor Aasen moved to introduce the item into business. Councilor Rider seconded. Councilor 138
Aasen introduced the item to Council. Adrienne Keeling, Department of Community Services, presented 139
the item to Council. Council President Worrell opened the public hearing at 6:49 p.m. 140
141
Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 142
6:49:20 p.m. Council President Worrell referred the item to the Land Use and Special Studies Committee. 143
144
Council President Worrell announced the First Reading of Ordinance Z-685-23; An Ordinance of the 145
Common Council of the City of Carmel, Indiana, Rezoning 988 3rd Avenue SW to the C1/City Center 146
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District. Councilor Aasen moved to introduce the item into business. Councilor Rider seconded. Councilor 147
Aasen introduced the item to Council. Adrienne Keeling presented the item to Council. Councilor Aasen 148
noted that when the Plan Commission received this rezone proposal, there was specific or immediate 149
plans. However, there is a proposal later on the agenda that goes along with this rezone. Adrienne Keeling 150
stated she inquired with the Carmel Redevelopment Commission and they indicated the proposal on the 151
agenda is the very first step in the process and there was no proposal when it started with the Plan 152
Commission. Council President Worrell opened the public hearing at 6:54p.m. 153
154
Seeing no one who wished to address Council, Council President Worrell closed the public hearing at 155
6:54:15 p.m. Adrienne Keeling noted that this rezone to a C-1 district is appropriate for the area regardless 156
of what gets approved and the rezone is not tied to any particular project. Henry Mestetsky explained that 157
the redevelopment function of the city respects the role the City Council plays and he tries to make sure all 158
projects are introduced at Council. Council President Worrell referred the item to the Land Use and 159
Special Studies Committee. 160
161
Council President Worrell announced the First Reading of Ordinance Z-686-23; An Ordinance of the 162
Common Council of the City of Carmel, Indiana, Updating Owners’ Association Standards in the Unified 163
Development Ordinance. Councilor Finkam moved to introduce the item into business. Councilor Rider 164
seconded. Councilor Campbell introduced the item to Council. Adrienne Keeling presented the item to 165
Council. Jon Oberlander, Corporation Counsel, stated that with the passage of Z-686-23 the City would be 166
able to look for this in the governing documents of a neighborhood that is being considered for approval. 167
Council President Worrell opened the public hearing at 7:03p.m. 168
169
Dee Fox explained to Council that with the way this is worded, this could also be used to make it easier to 170
take away rental restrictions. 171
172
Shannon Minnaar, Councillor-Elect for the North East District, spoke in support of this ordinance because 173
it helps Home Owner’s Associations be able to amend their documents. 174
175
Seeing no one else who wished to address Council, Council President Worrell closed the public hearing at 176
7:06 p.m. Councilor Aasen moved to suspend the rules and act on this tonight. Councilor Rider seconded. 177
There was no Council discussion. Council President Worrell called for the vote. The motion was approved 178
7-0. Councilor Aasen moved to approve Ordinance Z-686-23. Councilor Finkam seconded. There was no 179
Council discussion. Council President Worrell called for the vote. Ordinance Z-686-23 was approved 7-180
0. 181
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NEW BUSINESS 183
184
Council President Worrell announced the First Reading of Ordinance D-2689-23; An Ordinance of the 185
Common Council of the City of Carmel, Indiana, Amending Ordinance No. D-2486-19. Councilor Finkam 186
moved to introduce the item into business. Councilor Campbell seconded. Councilor Finkam introduced 187
the item to Council. John Duffy, Utilities Director for the City of Carmel, presented the item to Council 188
and stated that original rate was capped at 5% in the ordinance but with the terms being extended to May 189
and interest rates rising, there is a need to amend the ordinance. Councilor Rider moved to suspend the 190
rules and act on this tonight. Councilor Finkam seconded. There was no Council discussion. Council 191
President Worrell called for the vote. The motion was approved 7-0. Councilor Rider moved to approve 192
Ordinance D-2689-23. Councilor Finkam seconded. There was no Council discussion. Council President 193
Worrell called for the vote. Ordinance D-2689-23 was approved 7-0. 194
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196
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Council President Worrell announced the First Reading of Ordinance D-2695-23; An Ordinance of the 197
Common Council of the City of Carmel, Indiana, Amending the 2024 Salary Ordinance. Councilor Rider 198
moved to introduce the item into business. Councilor Campbell seconded. Councilor Rider presented the 199
item to Council. Councilor Rider moved to suspend the rules and act on this tonight. Councilor Finkam 200
seconded. There was no Council discussion. Council President Worrell called for the vote. The motion 201
was approved 7-0. Councilor Rider moved to approve Ordinance D-2695-23. Councilor Campbell 202
seconded. There was no Council discussion. Council President Worrell called for the vote. Ordinance D-203
2695-23 was approved 7-0. 204
205
Council President Worrell announced Resolution CC-11-20-23-06; A Resolution of the Common Council 206
of the City of Carmel, Indiana, Regarding an Intergovernmental Transfer of Real Property. Councilor 207
Campbell moved to introduce the item into business. Councilor Rider seconded. Henry Mestetsky 208
presented the item to Council. This resolution transfers the building that that the Information and 209
Communications Systems Department was formerly housed in from the City to the CRC to try and put 210
together a project to bring forward to Council. Councilor Rider moved to approve Resolution CC-11-20-211
23-06. Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for 212
the vote. Resolution CC-11-20-23-06 was approved 7-0. 213
214
Council President Worrell announced the First Reading of Ordinance D-2688-23; An Ordinance of the 215
Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 216
Tax Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and Approving Other 217
Actions in Respect Thereto. Councilor Rider moved to introduce the item into business. Councilor 218
Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item 219
to Council and have background on how developer backed TIF bonds work and how there is no risk to 220
taxpayers. Erik Dirks, Buckingham Companies, gave an overview of the project to Council. This is a 10-221
year project that is a $300M investment that will come in phases. The project has a 90/10% TIF split. 222
Director Mestetsky explained that this project will help the City finish Kinzer Ave from Carmel Dr to 223
126th street, it will send $1M to Engineering Department to help build the roundabout at Carmel Dr, it will 224
bring forward a lot of for-sale units, it will contain solar and public art, and urban parks funds will be used 225
to build a public plaza and a green space in the middle of the condos. Director Mestetsky stated that this 226
proposal conforms to the existing PUD. Councilor Aasen moved to Table Ordinance D-2688-23. 227
Councilor Campbell seconded. Councilor Finkam stated she believed this should not be tabled and the 228
process should be started in committee. Council President Worrell called for the vote. The motion to 229
Table Ordinance D-2688-23 passed 4-3 (Finkam, Rider and Worrell opposed). 230
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Council President Worrell announced the First Reading of Ordinance D-2690-23; An Ordinance of the 232
Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 233
Tax Increment Revenue Bonds to Support the Valentina Project, and Authorizing and Approving Other 234
Actions in Respect Thereto. Councilor Rider moved to introduce the item into business. Councilor 235
Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item 236
to Council. Brett Michaud, Keystone Group, have background on the company and other projects they 237
have worked on. Director Mestetsky noted that this will bring a much needed parking garage to the area. 238
There was discussion about parking apps that allow people to know where parking is available. This 239
technology exists on the Civic Square Garage and bids have been opened to add the technology on the 240
Tarkington Garage. However, this is a significant cost for developers who would need to add this 241
technology to every space and the City has not passed this cost on to them yet. Councilor Aasen moved to 242
Table Ordinance D-2690-23. Councilor Campbell seconded. There was discussion. Council President 243
Worrell called for the vote. The motion to Table Ordinance D-2690-23 passed 4-3 (Finkam, Rider and 244
Worrell opposed). 245
246
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Council President Worrell announced Resolution CC-11-20-23-01; A Resolution of the Common Council 247
of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Integrated 126th Street 248
Corridor Economic Development Area (Amended 126th Street Allocation Area and Proscenium II 249
Allocation Area). Councilor Rider moved to introduce the item into business. Councilor Campbell 250
seconded. Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council 251
and explained the different between a TIF Bond vote and an Allocation Area vote. Allocation Area votes 252
are administrative in nature and part of the process as outlined in State Code. Director Mestetsky 253
explained this as pruning the TIF by removing areas that are having a negative impact on the TIF district. 254
Part 2 of the resolution is resetting the base year to 2023. Councilor Rider moved to approve Resolution 255
CC-11-20-23-01. Councilor Aasen seconded. There was no Council discussion. Council President Worrell 256
called for the vote. Resolution CC-11-20-23-01 was approved 7-0. 257
258
Council President Worrell announced Resolution CC-11-20-23-02; A Resolution of the Common Council 259
of the City of Carmel, Indiana, Approving Certain Matters in Connection with the North Illinois Street 260
Economic Development Area (Franciscan North Allocation Area). Councilor Rider moved to introduce 261
the item into business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. 262
Henry Mestetsky presented the item to Council. The base year this was created there was a neighborhood 263
adjacent to Franciscan that has now been demolished. This resolution resets the base year to 2023. 264
Councilor Rider moved to approve Resolution CC-11-20-23-02. Councilor Green seconded. There was no 265
Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-02 was 266
approved 6-0 (Finkam absent). 267
268
Council President Worrell announced Resolution CC-11-20-23-03; A Resolution of the Common Council 269
of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Michigan Road 270
Economic Development Area. Councilor Campbell moved to introduce the item into business. Councilor 271
Rider seconded. Councilor Campbell introduced the item to Council. Henry Mestetsky presented the item 272
to Council and explained that CRC is negotiating with the developer on infrastructure that could be funded 273
by the CRC. There is not a bond associated with this. Councilor Aasen moved to approve Resolution CC-274
11-20-23-03. Councilor Rider seconded. There was no Council discussion. Council President Worrell 275
called for the vote. Resolution CC-11-20-23-03 was approved 6-1 (Worrell opposed). 276
277
Council President Worrell announced Resolution CC-11-20-23-04; A Resolution of the Common Council 278
of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Meridian Economic 279
Development Area (Star Allocation Area). Councilor Rider moved to introduce the item into business. 280
Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry Mestetsky 281
presented the item to Council. The CRC is negotiating wit the developer on some improvements. There is 282
not a bond associated with this. Councilor Finkam moved to approve Resolution CC-11-20-23-04. 283
Councilor Aasen seconded. There was no Council discussion. Council President Worrell called for the 284
vote. Resolution CC-11-20-23-04 was approved 7-0. 285
286
Council President Worrell announced Resolution CC-11-20-23-05; A Resolution of the Common Council 287
of the City of Carmel, Indiana, Approving Certain Matters in Connection with the 111 Penn 288
Redevelopment Area (Penn 111 Allocation Areas). Councilor Rider moved to introduce the item into 289
business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. Henry 290
Mestetsky presented the item to Council. The project has been subdivided into allocation areas as they will 291
be starting different phases of the project at different times. You don’t want to start a 25 year clock for the 292
whole project when one portion of the project gets built. A bond is tied to a specific area which triggers 293
the TIF. Councilor Aasen moved to approve Resolution CC-11-20-23-05. Councilor Rider seconded. 294
There was no Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-295
23-05 was approved 5-2 (Campbell and Green opposed). 296
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Council President Worrell announced Resolution CC-11-20-23-08; A Resolution of the Common Council 298
of the City of Carmel, Indiana, Approving a Transfer of Funds Within the 2023 Motor Vehicle Highway 299
Fund Street Department Budget. Councilor Rider moved to introduce the item into business. Councilor 300
Campbell seconded. Councilor Rider introduced the item to Council. Council President Worrell presented 301
the item to Council. Councilor Rider moved to approve Resolution CC-11-20-23-08. Councilor Campbell 302
seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution 303
CC-11-20-23-08 was approved 7-0. 304
305
Council President Worrell announced Resolution CC-11-20-23-09; A Resolution of the Common Council 306
of the City of Carmel, Indiana, Approving a Transfer of Funds Within the 2023 Information & 307
Communication Systems (ICS) Department Budget. Councilor Aasen moved to introduce the item into 308
business. Councilor Campbell seconded. Councilor Aasen introduced the item to Council. Jon Oberlander 309
presented the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-09. 310
Councilor Rider seconded. There was no Council discussion. Council President Worrell called for the 311
vote. Resolution CC-11-20-23-09 was approved 7-0. 312
313
Council President Worrell announced Resolution CC-11-20-23-10; A Resolution of the Common Council 314
of the City of Carmel, Indiana, Authorizing a Transfer of Funds Within the 2023 Carmel Fire Department 315
Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. 316
Councilor Rider introduced the item to Council. Chief David Haboush presented the item to Council. 317
Councilor Rider moved to approve Resolution CC-11-20-23-10. Councilor Green seconded. There was no 318
Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-10 was 319
approved 7-0. 320
321
Council President Worrell announced Resolution CC-11-20-23-07; A Resolution of the Common Council 322
of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2023 Department of Redevelopment 323
Budget. Councilor Rider moved to introduce the item into business. Councilor Campbell seconded. 324
Councilor Rider introduced the item to Council. Henry Mestetsky presented the item to Council. 325
Councilor Rider moved to approve Resolution CC-11-20-23-07. Councilor Green seconded. There was no 326
Council discussion. Council President Worrell called for the vote. Resolution CC-11-20-23-10 was 327
approved 7-0. 328
329
Council President Worrell announced Resolution CC-11-20-23-11; A Resolution of the Common Council 330
of the City of Carmel, Indiana, Approving a Transfer of Funds from the Grant Fund (Fund#900) into the 331
General Fund (Fund#101). Councilor Rider moved to introduce the item into business. Councilor 332
Campbell seconded. Councilor Rider introduced the item to Council. Jon Oberlander presented the item to 333
Council. Councilor Finkam moved to approve Resolution CC-11-20-23-11. Councilor Campbell 334
seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution 335
CC-11-20-23-11 was approved 7-0. 336
337
Council President Worrell announced Resolution CC-11-20-23-12; A Resolution of the Common Council 338
of the City of Carmel, Indiana, Authorizing a Transfer of Funds Within the 2023 Carmel Police 339
Department Budget. Councilor Campbell moved to introduce the item into business. Councilor Green 340
seconded. Councilor Campbell introduced the item to Council. Jon Oberlander presented the item to 341
Council. Councilor Finkam moved to approve Resolution CC-11-20-23-12. Councilor Campbell 342
seconded. There was no Council discussion. Council President Worrell called for the vote. Resolution 343
CC-11-20-23-12 was approved 7-0. 344
345
8
Council President Worrell announced Resolution CC-11-20-23-13; A Resolution of the Common Council 346
of the City of Carmel, Indiana, Approving a Transfer of Funds Between the 2023 Department of 347
Community Services Budget and the Non-Reverting Carmel Historic Preservation Fund (#507). Councilor 348
Aasen moved to introduce the item into business. Councilor Campbell seconded. Councilor Aasen 349
introduced the item to Council. Jon Oberlander presented the item to Council. Councilor Finkam moved to 350
approve Resolution CC-11-20-23-13. Councilor Aasen seconded. There was no Council discussion. 351
Council President Worrell called for the vote. Resolution CC-11-20-23-13 was approved 7-0. 352
353
Council President Worrell announced Resolution CC-11-20-23-14; A Resolution of the Common Council 354
of the City of Carmel, Indiana, Approving a Transfer of Fuds Between the 2023 Department of 355
Community Services Budget and the Non-Reverting Sidewalk Program Fund (Fund #925). Councilor 356
Campbell moved to introduce the item into business. Councilor Aasen seconded. Councilor Campbell 357
introduced the item to Council. Councilor Finkam moved to approve Resolution CC-11-20-23-14. 358
Councilor Campbell seconded. There was no Council discussion. Council President Worrell called for the 359
vote. Resolution CC-11-20-23-14 was approved 7-0. 360
361
Council President Worrell announced the First Reading of Ordinance D-2691-23; An Ordinance of the 362
Common Council of the City of Carmel, Indiana, Designating the Caperton-Carter House Historic District 363
Located at 35 and 39 Maplecrest Drive. Councilor Aasen moved to introduce the item into business. 364
Councilor Campbell seconded. Councilor Aasen introduced the item to Council. Mark Dollase, 365
Administrator for the Carmel Redevelopment Commission, presented the item to Council. If this is 366
approved, it would mean that any requests for demolition, new construction on the property or alterations 367
to the exterior of the building would come to the Historic Preservation Commission as an application for 368
those changes. Jon Oberlander explained that this would be a parallel track to any HOA restrictions or 369
covenants. Council President Worrell referred the item to the Land Use and Special Studies Committee. 370
371
Council President Worrell announced the First Reading of Ordinance D-2696-23; An Ordinance of the 372
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel 373
City Code, Councilor Aasen moved to introduce the item into business. Councilor Campbell seconded. 374
Council President Worrell introduced the item to Council. Council President Worrell stated that he did do 375
a ride-a-long with traffic cops and he believes this is enforceable. Council President Worrell referred the 376
item to the Finance, Utilities and Rules Committee. 377
378
ADJOURNMENT 379
Council President Worrell adjourned the meeting at 8:31 p.m. 380
381
Respectfully submitted, 382
383
____________________________________ 384
Sue Wolfgang, Clerk 385
386
Approved, 387
388
____________________________________ 389
Jeff Worrell, Council President 390
ATTEST: 391
392
393
__________________________________ 394
Sue Wolfgang, Clerk 395
November 28, 2023 CRC Report for December 6, 2023, City Council Meeting P a g e | 1
CITY COUNCIL DECEMBER 2023 REPORT
REPORTING ON OCTOBER 2023 FINANCES
NOVEMBER 2023 ACTIVITIES
STRATEGIC HIGHLIGHTS
• Construction progressing on the following projects:
o Me lange
o The Signature
o First on Main
o Magnolia
o The Muse (The Corner)
o The Wren
o The Windsor
o Republic Airways (Hamilton Crossing)
o Proscenium II
o North End
o The LOR/1933 Lounge Project
FINANCIAL SNAPSHOT
October Beginning Balance $ 7,466,031
October Revenues $ 129,113
October Transfers $ (6,514)
October Expenditures $ 574,505
October ending Balance Without Reserve Funds $ 7,014,125
Supplemental Reserve Fund $ 3,900,498
City Center Bond Reserve $ 363,299
Midtown Bond Reserve $ 708,338
Midtown West Bond Reserve $ 482,810
October Balance With Reserve Funds $ 12,469,070
FINANCIAL STATEMENT
November 28, 2023 CRC Report for December 6, 2023, City Council Meeting P a g e | 2
Financial Statement
OCTOBER MONTH-END FINANCIAL BALANCE
Ending Balance without
Restricted Funds
$ 7,014,125
Ending Balance with
Restricted Funds
$ 12,469,070
SUMMARY OF CASH
For the Month Ending October 2023
DESCRIPTION ACTUAL
MONTHLY
PROJECTION VARIANCE
Cash Balance 10/1/23
1101 Cash $ 5,658,027.61 $ 5,658,027.61 -
1110 TIF $ 1,808,003.03 $ 1,808,003.03 -
Total Cash $ 7,466,030.64 $ 7,466,030.64 -
Receipts
1101 Cash $ 129,113.48 $ 144,709.18 $ (15,595.70)
1110 TIF $ - $ - $ -
Developer Payments $ - $ - $ -
Transfers to Reserves (TIF) $ - $ - $ -
Transfers to Reserves (non-TIF) $ (6,514.00) $ 2,933.32 $ (9,447.32)
Transfer to SRF $ - $ - $ -
Total Receipts $ 122,599.48 $ 147,642.50 $ (25,043.02)
Disbursements
1101 Cash $ 521,358.09 $ 6,080.39 $ (515,277.70)
1110 TIF $ 53,147.05 $ 109,009.89 $ 55,862.84
Total Disbursements $ 574,505.14 $ 115,090.28 $ (459,414.86)
1101 Cash $ 5,259,269.00 $ 5,799,589.72 $ (540,320.72)
1110 TIF $ 1,754,855.98 $ 1,698,993.14 $ 55,862.84
Cash Balance 10/31/23 $ 7,014,124.98 $ 7,498,582.86 $ (484,457.88)
Total Usable Funds $ 7,014,124.98 $ 7,498,582.86 $ (484,457.88)
($2,000,000.00)
$0.00
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
OCTOBER
MONTH END BALANCE
Actual Budget Variance
FINANCIAL STATEMENT
November 28, 2023 CRC Report for December 6, 2023, City Council Meeting P a g e | 3
FUND BALANCES AND OUTSTANDING RECEIVABLES
As of month-end October 2023
RESTRICTED FUNDS
Supplemental Reserve Fund $3,900,498
City Center Bond Reserve $363,299
Midtown Bond Reserve $708,338
Midtown West Bond Reserve $482,810
Sub-total: $5,454,945
UNRESTRICTED FUNDS
TIF $1,754,856
Non TIF $5,259,269
Sub-total: $7,014,125
Total Funds $12,469,070
OUTSTANDING RECEIVABLES
N/A $ -
TOTAL OUTSTANDING RECEIVABLES $ -
STATEMENT OF CHANGES IN EQUITY
MONTH END: OCTOBER 2023
DESCRIPTION REVENUE EXPENSES
Total Receipts (TIF) $ 0.00
Total Receipts (Non-TIF) $ 122,599.48
Expenditures (TIF) $ 53,147.05
Expenditures (Non-TIF) $ 521,358.09
FINANCIAL UPDATE
November 28, 2023 CRC Report for December 6, 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 $33,004,655.
$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 $15,921,642
December 2023 $16,071,526
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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
November 28, 2023 CRC Report for December 6, 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
November 28, 2023 CRC Report for December 6, 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
Complete:
Spring
2022
Approx.
112
Apartment
s
Windsor A four-story building,
of approximately
64,000 square feet.
Start:
Summer
2022
Complete:
May/June
2024
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 2023, City Council Meeting P a g e | 8
Wren A six-story building of
approximately
157,000 square feet,
which will include
luxury apartments and
commercial
office/retail space.
Start:
Summer
2020
Complete:
June 2024
Currently under construction
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.
November 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 2022
Tavern Construction Start Estimated Fall 2023
Tavern Construction Complete Estimated
5) Construction Milestones: Construction is complete. Construction of the Tavern estimated to begin fall
2023.
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
November 28, 2023 CRC Report for December 6, 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
Construction Start May 2021
Complete Estimated
December 2023
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
September 2023
November 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 Opened
Summer 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
March 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 Estimated
November 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 November 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 Estimated December 2023 w/ retail buildouts ongoing through
Spring 2024
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 November 2023
2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 April 2022 (Building 1)
Construction End Estimated 2025 (Buildings 4-6)
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
September 2023 November 2023
2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 2023, City Council Meeting P a g e | 15
THE MUSE
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
Bldg A/Garage: Estimated December 2023
Bldg B: Estimated April 2024
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
Rendering November 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 HQ/Corporate Housing: Winter 2021 (Complete)
Garage: Winter 2022
Construction End HQ/Corporate Housing: Completed
Garage: Estimated April 2024
6)Construction Milestones: Construction is underway. Training Center is open.
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
Rendering
Rendering
November 2023
PROJECT UPDATES
November 28, 2023 CRC Report for December 6, 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 Estimated August 2024
5) Construction Milestones: Construction 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
November 28, 2023
Prepared for City Council and the Redevelopment Commission
-End Report-
November 2023
SPONSORS: Councilors Worrell and Finkam
ORDINANCE D-2692-23 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA AMENDING CHAPTER 9, ARTICLE 2, DIVISION IV, SECTION 9-55 AND 4 RESTATING THE SCHEDULE OF RATES AND CHARGES COLLECTED BY THE 5 WATER UTILITY 6
7 Synopsis: Amends the rates and charges for water service collected by Carmel Utilities 8 within the City of Carmel. 9 10 WHEREAS, the City of Carmel, Hamilton County, Indiana (the "City"), is an Indiana 11 municipal corporation; and 12
13 WHEREAS, pursuant to Indiana Code § 8-1.5, et. seq., the City owns, operates, manages 14 and controls a water utility (the “Utility”); and 15 16
WHEREAS, the City’s existing schedule of rates and charges for water service is codified 17
within Chapter 9 of the Carmel City Code; and 18 19 WHEREAS, the Utility’s costs are increasing and must be offset, in part, by increased 20 rates and charges to cover those costs; and 21 22
WHEREAS, the Common Council (the “Council”) is authorized to adopt, by ordinance, a 23 nondiscriminatory, reasonable and just schedule of rates and charges for water; and 24 25 WHEREAS, the Council has determined that it is necessary to establish an amended and 26
restated schedule of monthly rates and charges that produces sufficient revenue to meet the 27
requirements of Indiana Code § 8-1.5-3-8; and 28 29 WHEREAS, the Council has further determined that in order to meet the statutory 30 requirements for water utility rates, it is necessary that the rates and charges be increased for 31 services rendered by the waterworks of the City; and 32
33 WHEREAS, based on the financial analysis and rate study conducted by Carmel Utilities 34 and recommended by Baker Tilly (the “Rate Study”) the Council, after careful study and review 35 of the Rate Study, has concluded that the new monthly rates and charges contemplated hereby are 36
nondiscriminatory, reasonable and just. 37
38 NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of 39 the City of Carmel, Indiana, as follows: 40 41 Section 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein 42
by reference. 43 44 Ordinance D-2692-23 45 Page One of Six 46
SPONSORS: Councilors Worrell and Finkam
Section 2. Chapter 9, Article 2, Division IV, Section 9-55 of the City of Carmel Code 47 of Ordinances shall hereby be amended to read as follows: 48
49 Ҥ 9-55 Monthly Metered Rates, Monthly Base Charges and Minimum Charges, and 50 Private Fire Protection 51
52 (a) Monthly metered rates. 53
54 (1) Residential Customers & Irrigation. There are established for the use of and 55
the service rendered by the waterworks system of the City to residential customers and 56
irrigation meters, the following monthly metered rates and charges based on the use of 57 water supplied by said waterworks system: 58 59 60
Cubic
Feet
Gallons
Rate per
100 Cubic Feet
Rate per 1,000
Gallons
First 1,200 9,000 $3.28 $2.43 $4.39 $3.25
Next 18,500 98,500 139,000 739,000 $4.35 $3.22 $5.82 $4.31
Next 80,000 600,000 $2.66 $3.55
Next 400,000 3,000,000 $3.29 $4.38
Over 500,000 3,750,000 3.29 4.38
61 (2) Commercial Customers. There are established for the use of and the 62 serviced rendered by the waterworks system of the City to Commercial customers, the 63
following monthly metered rates and charges based on the use of water supplied by said 64
waterworks system: 65
66 67 Cubic Feet Gallons Rate per 100 Cubic
Feet
Rate per 1,000 Gallons
First 1,500 11,000 $3.60 $2.67 $4.78 $3.54
Next 18,500 78,500 139,000 589,000 $3.54 $2.62 $4.67 $3.46
Over 500,000 80,000 3,750,000 600,000 $3.32 $2.46 $4.41 $3.27
68 69
70
71 72 73 74
Ordinance D-2692-23 75 Page Two of Six 76 77
SPONSORS: Councilors Worrell and Finkam
(b) Monthly base charges. 78 79
(1) Residential Customers. There are established for the use of and the service 80 rendered by the waterworks system of the City to Residential customers, the following 81 monthly base rates and charges based on the size of the meter(s) through which the 82 customer receives service: 83 84 85 86 87 88
89
90 91 92 93
94 95 96 (2) Commercial Customers. There are established for the use of and the service 97
rendered by the waterworks system of the City to Commercial customers, the following 98
monthly base rates and charges based on the size of the meter (s) through which the 99
customer receives service: 100
101 Meter Size Per Month
5/8 inch meter $19.25 $14.26
¾ inch meter $24.27 $17.98
1 inch meter $26.68 $19.76
1 ½ inch meter $45.99 $34.07
2 inch meter $64.02 $47.42
3 inch meter $124.98 $92.58
4 inch meter $194.99 $144.44
6 inch meter $301.43 $223.28
8 inch meter $445.46 $329.97
10 inch meter $589.53 $436.69
102 103
104
105 106 107 Ordinance D-2692-23 108
Page Three of Six 109 110
Meter Size Per Month
5/8 inch meter $19.25 $14.26
¾ inch meter $24.27 $17.98
1 inch meter $26.68 $19.76 1 ½ inch meter $45.99 $34.07 2 inch meter $64.02 $47.42
3 inch meter $124.98 $92.58
4 inch meter $194.99 $144.44
6 inch meter $301.43 $223.28
8 inch meter $445.46 $329.97
SPONSORS: Councilors Worrell and Finkam
(b) Minimum charge. 111 112
(1) Residential customers. Except as provided in subsection (d) herein, each residential 113 customer shall pay the greater of: 114 a) The amount determined by combining the monthly metered rate(s) plus the 115 monthly base charge(s) applicable to such customer as determined in subsections (a) 116
and (b) above; or 117
b) A minimum charge per month in accordance with the size of the meter installed 118 as set forth below: 119 120
Meter Size Per Month
5/8 inch meter $ 9.21
¾ inch meter 16.56
1 inch meter 20.34
1-1/2 inch meter 49.30
2 inch meter 90.73
121
3 inch meter --
4 inch meter --
6 inch meter --
8 inch meter --
10 inch meter --
122
(2) Commercial Customers. Each Commercial customer shall pay the greater of (i) the 123 amount determined by combining the monthly metered rate (s) plus the monthly base 124 charges applicable to such customer as determined in subsections (a) and (b) above; or (ii) 125 a minimum charge per month in accordance with the size of the meter installed as set forth 126 below: 127
128
Meter Size Per Month
5/8 inch meter $19.25 $14.92 ¾ inch meter $24.27 $17.98
1 inch meter $36.24 $30.35 1 ½ inch meter $89.01 $69.42
2 inch meter $149.29 $113.51
3 inch meter $317.66 $238.51
4 inch meter $462.39 $345.63 6 inch meter $1,021.82 $758.54 8 inch meter $1,871.02 $1,385.97 10 inch meter $2,495.77 $1,848.72 129 Ordinance D-2692-23 130 Page Four of Six 131
132
SPONSORS: Councilors Worrell and Finkam
(d) Charges for Fire Sprinkler System Connection Per Month 133 134
Connection Size (Inch) Per Month 2 Inch Fire Line $11.77 $8.72
3 Inch Fire Line $25.83 $19.13
4 Inch Fire Line $34.64 $25.66
6 Inch Fire Line $58.48 $43.32 8 Inch Fire Line $115.05 $85.22
10 Inch Fire Line $221.58 $164.13
Customer private fire protection service per month per hydrant $14.84 $10.99
135 (e) For purposes of this section, “Residential Customers” shall mean those customers 136
residing in single family or attached homes of less than four (4) units, regardless of whether 137 the premises is owner occupied or leased. “Commercial Customers” shall mean all customers 138 that are not Residential customers. 139 140 (f) Annual COLA Increase. On January 1 of each year, beginning in 2017 2025, a 3% Cost 141
of Living Adjustment shall be added to the previous year’s rates and charges. This 3% 142
increase shall occur automatically each year unless and until such time that the Carmel City 143 Council amends or adjusts the percentage of the COLA increase for the next fiscal year.” 144 145 Section 3. All prior Ordinances or parts thereof inconsistent with any provision of this 146
Ordinance are hereby repealed as of the effective date of this Ordinance. 147 148 Section 4. Should any provision or portion of this Ordinance be declared by a court of 149 competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected 150 so long as they can, without the invalid provision, be given the effect intended by the Common 151
Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. 152
153 Section5. This ordinance shall be in full force and effect thirty (30) calendar days from and 154 after its proper passage, signing by the Mayor and such publication as is required by law. 155 156
157
158 159 160 161
162
163 164 165 Ordinance D-2692-23 166
Page Five of Six 167 168
SPONSORS: Councilors Worrell and Finkam
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of 169 ________, 2023, by a vote of _____ ayes and _____ nays. 170
171 COMMON COUNCIL FOR THE CITY OF CARMEL 172 173 174
___________________________________ 175
Jeff Worrell, President Laura Campbell, Vice-President 176 177 ___________________________________ ____________________________________ 178 Kevin Rider Sue Finkam 179 180
___________________________________ ____________________________________ 181 Anthony Green Adam Aasen 182 183 ___________________________________ ___________________________________ 184
Tim Hannon Miles Nelson 185
186 ___________________________________ 187 Teresa Ayers 188 189 ATTEST: 190
191 __________________________________ 192 Sue Wolfgang, Clerk 193 194
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 195
_________________________ 2023, at _______ __.M. 196 197 ____________________________________ 198 Sue Wolfgang, Clerk 199 200
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 201 ________________________ 2023, at _______ __.M. 202 203 ____________________________________ 204
James Brainard, Mayor 205
ATTEST: 206 207 ___________________________________ 208 Sue Wolfgang, Clerk 209 210
Ordinance D-2692-23 211 Page Six of Six 212
SPONSORS: Councilors Worrell and Finkam
ORDINANCE D-2693-23 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3
INDIANA AMENDING CHAPTER 9, ARTICLE 2, DIVISION II, SECTION 9-44, 4 CHAPTER 9 ARTICLE 2, DIVISION III SECTIONS 9-45, 9-51, AND 9-52 AND 5
CHAPTER 9 ARTICLE 2, DIVISION IV, SECTIONS 9-58, 9-62, AND 9-75 OF THE 6
CARMEL CITY CODE 7
8 Synopsis: Amends the schedule of non-recurring fees for water service collected by Carmel 9 Utilities within the City of Carmel. 10 11 WHEREAS, The City of Carmel, Hamilton County, Indiana (the "City), is organized as an 12 Indiana municipal corporation; and 13 14 WHEREAS, pursuant to Indiana Code§ 8-1.5 et. seq., the City owns, operates, manages and 15 controls a water utility (the "Utility:); and 16 17
WHEREAS, the City's existing schedule of non-recurring fees for water service is codified 18 within Chapter 9, of the Carmel City Code; and 19
20
WHEREAS, the Utility's costs are increasing and must be offset, in part, by increased fees 21
and/or new fees to cover those costs; and 22
23 WHEREAS, Indiana Code §8-1.5-3.8 authorizes the Carmel Common Council (the 24
"Council") to adopt, by ordinance, a nondiscriminatory, reasonable and just schedule of non- 25 recurring fees for water; and 26 27 WHEREAS, the Council after notice, investigation, public hearing and consideration, has 28
determined that it is necessary to amend the schedule of non-recurring fees for water service; and 29
30 WHEREAS, the schedule of non-recurring fees for water service adopted herein is 31 nondiscriminatory, reasonable and just; and 32
33 WHEREAS, the City's schedule of non-recurring fees for water service shall apply in all 34
areas serviced by the City's Utility. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 37
Indiana, as follows: 38
39
Section 1. The foregoing Recitals are incorporated herein by this reference. 40
41
42 Ordinance D-2693-23 43
Page One of Eight 44
45
SPONSORS: Councilors Worrell and Finkam
Section 2. Carmel City Code, Chapter 9, Article 2, Division II, Section 9-44 is hereby 46 amended to read as follows: 47
48
Ҥ 9-44 Application Fees for Water Service. 49
50 The Water Utility shall invoice the owner or person requesting water service as follows for 51
review of construction drawings, which may include site visits, comment letters, completion of forms 52
requested by the Indiana Department of Environmental Management and other government agencies, 53 and/or a hydraulic capacity review: 54 55
(a) For projects with single commercial, business, and residential fire service 56 lines: $273.93 $202.91. 57 58 (b) For projects with more than one customer requiring a water service line 59 extension: $547.86 $405.82. 60
61
(c) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 62
("COLA") shall be added to the previous year's rates and charges. This 3% increase 63 shall occur automatically each year unless and until such time that the Carmel City 64 Council amends or adjusts the percentage of the COLA increase for the next fiscal 65 year.” 66
67 Section 3. Carmel City Code, Chapter 9, Article 2, Division III, Sections 9-45, 9-51, and 9-68 52(d)(5) are hereby amended to read as follows: 69 70
Ҥ 9-45 Service Charge and Installation Fee. 71 72 For connection to the City's waterworks system, the following charges and fees shall 73 apply: 74 75
(a) A service charge for each new water account: $20.00 76
77
(b) Installation fee for each original direct read water meter installed: 78
79
(1) 5/8 by¾ -inch meter $153.87 113.98 labor 80
(2) 1- inch meter $153.87 113.98 labor 81
(3) 1½ 1.5 inch $171.87 127.31 labor 82 (4) 2-inch meter $199.68 147.91 labor 83 (5) Meters larger than 2 inches shall be charged: Actual time and materials 84 incurred, but not less than $211.14 156.40 85
86
87 88 89 Ordinance D-2693-23 90
Page Two of Eight 91
SPONSORS: Councilors Worrell and Finkam
(6) Meter re-read fee $17.97 13.31 92 When a customer requests a re-read of their meter, the first such request 93
annually will be at no cost to the customer. However, if subsequent requests 94
are made and the result of such re-read is that the meter is operating within the 95
acceptable accuracy range per industry standards, then the customer may be 96
charged an additional fee for each re-read. 97
98 (c) Tapping fees shall be as set forth in § 9-58. 99 100 (d) The schedule of fees set forth above apply where the length of pipe from the main to 101
the meter pit is not over 25 feet. If this length is exceeded, add the following: 102
103 (1) Labor (by the hour) at the rate currently paid during construction; 104
(2) Machinery (at the current hourly rental rate); 105
(3) Parts and materials involved over 25 feet. 106
107
(e) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 108 ("COLA") shall be added to the previous year's rates and charges. This 3% increase 109 shall occur automatically each year unless and until such time that the Carmel City 110 Council amends or adjusts the percentage of the COLA increase for the next fiscal 111 year. 112 113 § 9-51 Water Meter Pit Accessibility: Inspection 114
115
(a) Water meter pits must be in an accessible location so as to allow the easy reading and 116 inspection of the water meter. No obstructions, impediments or conditions shall exist 117 on or near the water meter pit that prevent the water meter from being easily read, 118 replaced, and/or maintained. Prohibited obstructions include, but are not limited to, 119 shrubbery, flower beds, vehicles or other objects placed on, across, near or over the 120 water meter pit. Water meters that are located in-doors must also be readily accessible 121
for easy reading and maintenance. 122
123
(b) The water meter pit, piping, and lid are owned by the owner of the property on which 124 they are located, and such owner is responsible for their safe and proper condition and 125 their compliance with City ·specifications. The water meter is owned and maintained 126 by the City. 127
128
(c) Any contractor or owner who requests a meter pit inspection and/or meter installation 129
when the meter pit or internal plumbing is not ready, thus requiring more than one trip 130 to the site by a City employee or agent, shall be subject to a subsequent trip fee of 131 $119.47 88.50 in addition to all other authorized fees and charges. 132 133 134
135 Ordinance D-2693-23 136 Page Three of Eight 137
SPONSORS: Councilors Worrell and Finkam
(d) Any person violating this Section shall be subject to a fine of not less than 138 $100.00 per violation in addition to the discontinuance of City water service until such 139
time as the meter pit is rendered safe and meets all current City specifications. 140 141 (e) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 142 ("COLA") shall be added to the previous year's rates and charges. This 3% increase 143
shall occur automatically each year unless and until such time that the Carmel City 144
Council amends or adjusts the percentage of the COLA increase for the next fiscal 145 year. 146 147
§ 9-52(d)(5) Inspection of devices; time limits. 148 149 a) Before the installation of any land irrigation device or in-ground automatic sprinkling 150 system, a permit, application must be completed and filed with, and a permit must be 151 obtained from, the Carmel Water Utility. The permit fee shall be $580.10 429.70. The 152 permit application must include a drawing showing the size of the proposed irrigation 153
system, the point of connection, size of pipes, number of sprinkling heads, and an 154 estimate of how many gallons the system will use per sprinkling event, and such other 155 relevant information as the Carmel Water Utility may require. 156 157 b) Any person who requests an irrigation system inspection when the system is not ready 158 for inspection, thereby necessitating more than one trip to the site by a Carmel Utilities 159
employee or agent, is subject to a subsequent trip fee of $124.20 92.00, in addition to all 160
other authorized fees and charges. 161
162 c) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 163 (“COLA”) shall be added to the previous year’s rates and charges. This 3% increase 164 shall occur automatically each year unless and until such time that the Carmel City 165 Council amends or adjusts the percentage of the COLA increase for the next fiscal year.” 166
167
Section 4. Carmel City Code, Chapter 9, Article 2, Division IV, Sections 9-58, 9- 62, and 9-168 75(d) are hereby amended to read as follows: 169 170 Ҥ9-58 Tapping Fees 171
172
(a) When the Carmel Utility is requested to tap a water main, the tap installation fee shall 173
be $662.97 491.09 for each tap up to 2 inches plus the cost of material. 174
175
(b) The tap inspection fee for individual water main taps shall be $186.58 138.21 for each 176 tap inspected. 177
178 179 180
181 Ordinance D-2693-23 182 Page Four of Eight 183
SPONSORS: Councilors Worrell and Finkam
(c) Any person requesting a water main tap or tap inspection when the excavation or 184 related equipment is not ready for inspection, necessitating more than one trip to the 185
site by a Carmel Utility employee or agent is subject to a subsequent trip fee of 186 $119.47 88.50, in addition to all other authorized fees and charges. 187 188
(d) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 189 (“COLA”) shall be added to the previous year’s rates and charges. This 3% increase 190 shall occur automatically each year unless and until such time that the Carmel City 191
Council amends or adjusts the percentage of the COLA increase for the next fiscal year. 192
193
§ 9-62 Disconnection for Non-Payment: Returned Checks 194 195
(a) Water service shall be disconnected from those Carmel City Utility customers who 196 fail to pay all the accrued fees and late charges on their account within 60 days of 197 billing. Should payment not be received, a disconnect fee of $135.86 100.64 will be 198 applied to the account and service will be terminated until all charges and fees are 199
paid. Service reconnection after (outside) regular business hours may be subject to an 200 after-hours reconnection fee of $286.20 212.00. The water service can only be 201 restored by a Carmel Water Utility employee. Unauthorized service restoration shall 202 be subject to the after-hours reconnection fee. An additional fine may be applied if 203
during unauthorized service restoration, any City of Carmel or Carmel Utilities 204
property is damaged or destroyed. 205 206 (b) If the City of Carmel Utilities receives a payment for services provided, fees and or 207 contract charges and the payment method employed is returned for insufficient funds, 208 the Utility may assess an insufficient funds fee of $33.00, in addition to all other 209
applicable charges. Service may be disconnected or denied until the account balance 210
has been made current. Cash, cashier's check or money order or credit card may be 211 required to pay all such charges. 212 213 (c) No new water service may be provided to any properties owned or controlled by a 214 customer who has a Carmel City Utility delinquent account balance that is 45 days or 215 more past due. 216 217 (d) On January 1 of each year, beginning in 2017 2025, a 3% Cost of Living Adjustment 218 ("COLA") shall be added to the previous year's rates and charges. This 3% increase 219
shall occur automatically each year unless and until such time that the Carmel City 220 Council amends or adjusts the percentage of the COLA increase for the next fiscal 221 year. 222 223 224
225 226
Ordinance D-2693-23 227 Page Five of Eight 228
229
SPONSORS: Councilors Worrell and Finkam
§ 9-75 Hydrant Meters 230 231 (a) No person shall use or collect Carmel Water Utility water from any fire hydrant without 232 a metering device approved by the Carmel Water Utility. 233 234 (b) Hydrant meters may be installed on fire hydrants at the discretion of the Carmel 235 Water Utility when conditions warrant for the purpose of supply of water to any site. 236 Such installation shall be supervised by the Carmel Water Utility. 237 238 (c) The deposit fee for hydrant meters shall be: 239 240 241 242 243 (d) Temporary water users who request water provided through a City-owned fire hydrant 244 shall pay the following: 245 246
Hydrant Meters over 1 inch (l") Daily fee of $42.60 31.56 plus the water consumed which shall be charged at the
current schedule of water rates.
Hydrant Meters up to and including 1 inch (l") Daily fee of $24.53 18.17 plus the water consumed, which shall be charged at the current schedule of water rates
247 (e) A violation of this Section shall be subject to a fine of not less than $100.00 per 248 violation. 249
250 (f) On January 1 of each year, beginning in 2017 2025 a 3% Cost of Living Adjustment 251 ("COLA") shall be added to the previous year's rates and charges. This 3% increase 252 shall occur automatically each year unless and until such time that the Carmel City 253
Council amends or adjusts the percentage of the COLA increase for the next fiscal 254
year.” 255
256
Section 5. All prior Ordinances or parts thereof inconsistent with any term or provision of 257
this Ordinance are hereby repealed. If any one or more of terms or provisions of this Ordinance shall 258
be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision 259
shall be deemed severable from the remaining terms and shall in no way affect the validity of the 260 other provisions of this Ordinance. 261 262 263
264 265
Ordinance D-2693-23 266 Page Six of Eight 267
268
Hydrant Meters over 1 inch (l ") $200.00
Hydrant Meters up to and including 1 inch (1") $75.00
SPONSORS: Councilors Worrell and Finkam
Section 6. This Council finds that the City's schedule of non-recurring water rates and 269 charges as amended herein, constitutes a nondiscriminatory, reasonable and just schedule of water 270
rates and charges for services rendered by the City's waterworks, which fees are required to maintain 271 the waterworks in the sound physical and financial condition necessary to render adequate and 272 efficient service. 273 274
Section 7. All prior ordinances or parts thereof inconsistent with any provision of this 275 Ordinance are hereby repealed as of the effective date of this Ordinance. 276 277
Section 8. If any portion of this Ordinance is for any reason declared to be unconstitutional 278 or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long 279 as enforcement of same can be given the same effect. 280
281 Section 9. This ordinance shall be in full force and effect thirty (30) calendar days from and 282 after its proper passage, signing by the Mayor and such publication as is required by law. 283 284
285 286 287 288 289
290
291 292 293 294
[signature page follows] 295 296 297 298 299
300
301 302 303 304
305 306 307 308 309
310
Ordinance D-2693-23 311 Page Seven of Eight 312 313
SPONSORS: Councilors Worrell and Finkam
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 314 2023, by a vote of _____ ayes and _____ nays. 315
316 COMMON COUNCIL FOR THE CITY OF CARMEL 317 318 319
___________________________________ 320
Jeff Worrell, President Laura Campbell, Vice-President 321 322 ___________________________________ ____________________________________ 323 Kevin Rider Sue Finkam 324 325
___________________________________ ____________________________________ 326 Anthony Green Adam Aasen 327 328 ___________________________________ ___________________________________ 329
Tim Hannon Miles Nelson 330
331 ___________________________________ 332 Teresa Ayers 333 334 ATTEST: 335
336 __________________________________ 337 Sue Wolfgang, Clerk 338 339
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 340
_________________________ 2023, at _______ __.M. 341 342 ____________________________________ 343 Sue Wolfgang, Clerk 344 345
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 346 ________________________ 2023, at _______ __.M. 347 348 ____________________________________ 349
James Brainard, Mayor 350
ATTEST: 351 352 ___________________________________ 353 Sue Wolfgang, Clerk 354 355
Ordinance D-2693-23 356 Page Eight of Eight 357
Sponsors: Worrell and Finkam
ORDINANCE D-2694-23 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA AMENDING CHAPTER 9, ARTICLE 3, DIVISION VI, SECTION 9-171 OF 4 THE CARMEL CITY CODE 5 6
Synopsis: Amends the charges for sewer service collected by Carmel Utilities within the 7 City of Carmel. 8 9 WHEREAS, pursuant to Indiana Code § 36-9-23-1 et seq. the City of Carmel (the “City”) 10
owns, operates, manages and controls sewage works; and 11
12
WHEREAS, Chapter 9, Article 3, Division V, Section 9-171 (“Section 9-171”) of the 13
Carmel City Code establishes a schedule of fees for sewer service, and 14
15
WHEREAS, pursuant to Indiana Code § 36-9-23-26, the Common Council of the City of 16
Carmel, Indiana (the “Council”) may change or adjust its existing schedule of fees by ordinance 17
after notice and public hearing; and 18
19
WHEREAS, Indiana Code § 36-9-23-25, authorizes the Council to adopt by ordinance a 20
just and equitable schedule of fees for sewer services rendered by the City’s sewage works; and 21
22
WHEREAS, Indiana Code § 36-9-23-25, authorizes the Council to exercise reasonable 23
discretion in adopting different schedules of fees, or making classifications in schedules of fees 24
based upon variations in the costs, including capital expenditures of furnishing services to various 25
classes of users or to various locations, or the number of users in various locations; and 26
27
WHEREAS, based upon the financial analysis conducted by Carmel Utilities, and 28
recommended by Crowe Horwath LLP, the Council has determined that the schedule of fees for 29
sewer service should be increased for certain classifications of users; and 30
31
WHEREAS, the schedules of fees adopted herein are just and equitable, and 32
33
WHEREAS, it is necessary to amend Carmel City Code Section 9-171 in order to establish 34
a new City schedule of fees for sewer services. 35
36 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 37
Carmel, Indiana, that: 38 39 Section 1. The foregoing recitals are fully incorporated herein by this reference. 40 41
Ordinance D-2694-23 42 Page One of Four 43
Sponsors: Worrell and Finkam
Section 2. This Council after notice, investigation, public hearing and consideration, has 44 determined that it is necessary to amend Chapter 9, Article 3, Division VI, Section 9-171 of the 45
Carmel City Code which shall be hereby amended to read as follows: 46 47 Ҥ 9-171 Sewer Charges. 48 49
(a) Users served by metered water supply. For the use and the service rendered by said 50
sewage works, users who are served by a metered water supply shall pay a Monthly Base Charge 51 plus a Monthly Flow Charge. The Monthly Base Charge shall be based upon the size of the water 52 meter installed. The Monthly Flow Charge shall be a volumetric charge per 1,000 gallons of 53 water used. The Monthly Base Charge and Monthly Flow Charge shall be in accordance with the 54 following schedules: 55
56
MONTHLY BASE CHARGE
Meter Size User Charge
5/8-inch, 3/4-inch $12.12 $10.10
1-inch $21.52
1-1/2-inch $55.76 $46.47
2-inch $94.02 $78.35
3-inch $212.33 $176.94
4-inch $375.06 $312.55
6-inch $840.35 $700.29
8-inch $1,241.93 $1034.94
10-inch $1,643.53 $1369.61
58
MONTHLY FLOW CHARGE
Charge per 1,000 gallons $6.05 $5.04
Charge per 100 cubic feet $4.52 $3.77
59
(b) Users not served by metered water supply. For the use and service rendered by said 60 sewage works, users who are not served by a metered water supply shall pay a flat Monthly 61 Sewer Charge of $34.97. 62 63
Ordinance D-2694-23 64
Page Two of Four 65 66 67
Sponsors: Worrell and Finkam
(c) Annual COLA Increase. Subject to the modifications set forth in subsections (d) 68 and (e) herein, on January 1 of each year, beginning in 2017 2025, a 3% cost of living 69
adjustment ("COLA") shall be added to the previous year's rates and charges for all customers. 70 This 3% increase shall occur automatically each year unless and until such time that the Carmel 71 City Council amends or adjusts the percentage increase for the next calendar year or otherwise 72 amends this subsection. 73
74
(d) CTRWD. For the use and service rendered to CTRWD on an after the date specified 75 below, the following rates and charges shall apply: 76 77
Date Volumetric Charge/1,000 Gallons Minimum Daily Charge
November 1, 2015 $ 1.3537 $2,369.05
November 1, 2016 $ 1.3909 $2,434.20
November 1, 2017 $ 1.4292 $2,501.14
November 1, 2018 $1.4685 $2,569.92
78
These charges are in addition to the other rates and charges set forth in the agreement 79
between the City of Carmel and the CTRWD executed October 2010 pursuant to the Carmel City 80 Code. 81 82 (e) Citizens Wastewater of Westfield. The City serves Citizens Wastewater of Westfield 83
under the Westfield Agreement. Citizens Wastewater of Westfield shall be subject to a volumetric 84 charge of $1,514.62 per million gallons. This rate is not subject to the COLA, but shall be 85 periodically reviewed and adjusted as provided in the Westfield Agreement. This rate shall be in 86 addition to the other rates and charges set forth in the Westfield Agreement.” 87 88
Section 3. All prior Ordinances or parts thereof inconsistent with any provision of this 89
Ordinance are hereby repealed as of the effective date of this Ordinance. 90 91 Section 4. Should any provision or portion of this Ordinance be declared by a court of 92 competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected 93
so long as they can, without the invalid provision, be given the effect intended by the Common 94 Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. 95 96 Section5. This ordinance shall be in full force and effect thirty (30) calendar days from and 97
after its proper passage, signing by the Mayor and such publication as is required by law. 98
99 100 Ordinance D-2694-23 101 Page Three of Four 102
103 104 105
Sponsors: Worrell and Finkam
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of 106 ________, 2023, by a vote of _____ ayes and _____ nays. 107
108 COMMON COUNCIL FOR THE CITY OF CARMEL 109 110 111
___________________________________ 112
Jeff Worrell, President Laura Campbell, Vice-President 113 114 ___________________________________ ____________________________________ 115 Kevin Rider Sue Finkam 116 117
___________________________________ ____________________________________ 118 Anthony Green Adam Aasen 119 120 ___________________________________ ___________________________________ 121
Tim Hannon Miles Nelson 122
123 ___________________________________ 124 Teresa Ayers 125 126 ATTEST: 127
128 __________________________________ 129 Sue Wolfgang, Clerk 130 131
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 132
_________________________ 2023, at _______ __.M. 133 134 ____________________________________ 135 Sue Wolfgang, Clerk 136 137
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 138 ________________________ 2023, at _______ __.M. 139 140 ____________________________________ 141
James Brainard, Mayor 142
ATTEST: 143 144 ___________________________________ 145 Sue Wolfgang, Clerk 146 147
Ordinance D-2694-23 148 Page Four of Four 149 150