HomeMy WebLinkAbout12.18.23 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, DECEMBER 18, 2023 – 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1. CALL TO ORDER
2. AGENDA APPROVAL
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
a. Swearing-in of new Carmel Police officers
- Officer Austin Guerrettaz - Officer Sheldon Robinson
- Officer Alex Grant
6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8. CONSENT AGENDA
a. Approval of Minutes
1. December 6, 2023 Regular Meeting
b. Claims
1. Payroll $3,486,522.25
2. General Claims $4,370,392.69
3. Retirement $107,695.97
4. Wire Transfers $2,111,182.27
9. ACTION ON MAYORAL VETOES
10. COMMITTEE REPORTS
a. Finance, Utilities and Rules Committee
b. Land Use and Special Studies Committee
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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)
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. Third 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. Returning from the Land Use and Special Studies
Committee.
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. Third 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. Returning from the Land Use and Special Studies
Committee.
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. Third 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. Third 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
3
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.
e. Third 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. Returning from the Land Use
and Special Studies Committee.
Synopsis:
Designates a historic district consisting of the Caperton-Carter House property, located at
35 and 39 Maplecrest Drive.
f. Third 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.
Synopsis:
Establishes a speed limit of 20 miles per hour within roundabouts.
13. PUBLIC HEARINGS
a. Second 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. Sent to the Finance, Utilities and Rules Committee
(12/14/23 Meeting Date).
Synopsis:
Amends the rates and charges for water service collected by Carmel Utilities within the
City of Carmel.
b. Second 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. Sent to the Finance, Utilities and Rules Committee
(12/14/23 Meeting Date).
Synopsis:
Amends the schedule of non-recurring fees for water service collected by Carmel Utilities
within the City of Carmel.
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c. Second 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. Sent to the Finance,
Utilities and Rules Committee (12/14/23 Meeting Date).
Synopsis:
Amends the charges for sewer service collected by Carmel Utilities within the City of
Carmel.
14. NEW BUSINESS
a. First Reading of Ordinance D-2697-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 6, Sections 9-224 and 9-231(k) of
the Carmel City Code; Sponsor: Councilor Worrell.
Synopsis:
Sets the monthly residential Solid Waste Removal and Recycling rate for the City of
Carmel from January 1, 2024 to December 31, 2030.
15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS
17. ANNOUNCEMENTS
18. ADJOURNMENT
1
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COMMON COUNCIL 2
MEETING MINUTES 3
WEDNESDAY, DECEMBER 6, 2023 – 5:00 P.M. 4
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 5
6
7
MEETING CALLED TO ORDER 8
9
Council President Jeff Worrell; Council Members: Laura Campbell, Timothy Hannon, Anthony Green, 10
Kevin D. Rider, Miles Nelson, Adam Aasen, Teresa Ayers and Deputy Clerk Jessica Komp were present. 11
12
Councilor Sue Finkam was not present. 13
14
Council President Worrell called the meeting to order at 6:00 p.m. 15
16
AGENDA APPROVAL 17
18
The agenda was approved unanimously. 19
20
INVOCATION 21
22
Councilor Rider delivered the Invocation 23
24
Boy Scout Nick Schriver led the Pledge of Allegiance. 25
26
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 27
28
There were none. 29
30
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 31
32
There were none. 33
34
COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 35
36
Councilor Hannon announced on December 11th the Christkindlmarkt would be honoring military and 37
veterans. 38
39
Council President Worrell announce a free event aimed at fostering a culture of civility at the Carmel Clay 40
Public Library on January 10th. 41
42
Councilor Nelson announced that the Christkindlmarkt will have the eighth night of the lighting of the 43
Menorah on December 14th. 44
45
CONSENT AGENDA 46
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Councilor Rider moved to approve the consent agenda. Councilor Nelson seconded. There was no Council 47
discussion. Council President Worrell called for the vote. The motion was approved 8-0. 48
49
50
a. Approval of Minutes 51
52
1. November 20, 2023 Regular Meeting 53
54
b. Claims 55
56
1. Payroll $3,452,609.07 57
2. General Claims $3,576,170.74 58
59
ACTION ON MAYORAL VETOES 60
61
There were none. 62
63
COMMITTEE REPORTS 64
65
Council President Worrell reported that the Finance, Utilities and Rules Committee had not met but would 66
be meeting on December 14th at 5:30. 67
68
Councilor Campbell reported that the Land Use and Special Studies had not met but would be meeting on 69
December 11th at 5:30 70
71
OTHER REPORTS – (at the first meeting of the month specified below): 72
73
Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the monthly 74
Redevelopment Commission report. Council President Worrell asked that the CRC and City take extra 75
care of the project and provide updates and timelines to neighbors. 76
77
Michael Klitzing, Director of Parks and Recreation/CEO, gave the quarterly Parks Department report. 78
79
80
OLD BUSINESS 81
82
Council President Worrell announced the Second Reading of Ordinance Z-684-23; An Ordinance of the 83
Common Council of the City of Carmel, Indiana, Rezoning 154 W. Carmel Drive to the C1/City Center 84
District; Sponsor: Councilor Aasen. Item remains in the Land Use and Special Studies Committee. 85
86
Council President Worrell announced the Second Reading of Ordinance Z-685-23; An Ordinance of the 87
Common Council of the City of Carmel, Indiana, Rezoning 988 3rd Avenue SW to the C1/City Center 88
District; Sponsor: Councilor Aasen. Item remains in the Land Use and Special Studies Committee. 89
90
Council President Worrell announced the Second Reading of Ordinance D-2688-23; An Ordinance of 91
the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 92
Tax Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and Approving Other 93
Actions in Respect Thereto; Sponsor: Councilor Worrell. Item remains Tabled Until January 8, 2024. 94
95
96
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Council President Worrell announced the Second Reading of Ordinance D-2690-23; An Ordinance of 97
the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 98
Tax Increment Revenue Bonds to Support the Valentina Project, and Authorizing and Approving Other 99
Actions in Respect Thereto; Sponsor: Councilor Worrell. Item remains Tabled Until January 8, 2024 100
101
Council President Worrell announced the Second Reading of Ordinance D-2691-23; An Ordinance of 102
the Common Council of the City of Carmel, Indiana, Designating the Caperton-Carter House Historic 103
District Located at 35 and 39 Maplecrest Drive; Sponsor: Councilor Aasen. Item remains in the Land Use 104
and Special Studies Committee. 105
106
Council President Worrell announced the Second Reading of Ordinance D-2696-23; An Ordinance of 107
the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the 108
Carmel City Code; Sponsor(s): Councilor(s) Worrell, Aasen, Rider and Hannon. Item remains in the 109
Finance, Utilities and Rules Committee. 110
111
PUBLIC HEARINGS 112
113
114
NEW BUSINESS 115
116
Council President Worrell announced the First Reading of Ordinance D-2692-23; An Ordinance of the 117
Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 2, Division IV, Section 9-118
55 and Restating the Schedule of Rates and Charges Collected by the Water Utility. Councilor Rider 119
moved to introduce the item into business. Councilor Aasen seconded. Councilor Nelson introduced the 120
item to Council. John Duffy, Director of Utilities, presented the item to Council. Scott Miller, Baker Tilly 121
presented to Council. The financing done in 2005 to bring the customers on was done in a way to 122
extended the repayment structure out over a long period of time to allow those customers to get connected 123
and allow for additional customer growth so the cost could be spread over a long customer base. This 124
means we now have an accelerating debt service. If the increase is approved by Council, rates will be 125
adjusted and debt will be restructured so we are at about $12M in debt over a longer period of time which 126
gives more flexibility in terms of how we finance and operate the utility and pay for future improvements. 127
Rate increases would be about $5 per month in the residential base charge and $1.14 per 1,000 gallons 128
based on the amount of water you use. This increase would take place in 2024 and then in 2025, 2026, 129
2027, etc it would go back to the normal inflation based CPI adjustment. There hasn’t been any payments 130
on the interest or debt yet. At the time, $150M of upgrades that needed to be made to provide service for 131
customers were taken over and to account for future growth. The thought process was to delay the 132
payments so we could spread the repayment out over a large group of users instead of smaller group of 133
residents paying upfront for future growth. John Duffy stated at the time in 2005, with annexation, the 134
Mayor and Council didn’t want 3 water utilities serving residents so a large amount of customers were 135
taken over at once by the City. Council President Worrell referred the item to the Finance, Utilities and 136
Rules Committee. 137
138
Council President Worrell announced the First Reading of Ordinance D-2693-23; An Ordinance of the 139
Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 2, Division II, Section 9-140
44, Chapter 9 Article 2, Division III Sections 9-45, 9-51 and 9-52 and Chapter 9 Article 2, Division IV, 141
Sections 9-58, 9-62, and 9-75 of the Carmel City Code. Councilor Rider moved to introduce the item into 142
business. Councilor Campbell seconded. Councilor Rider introduced the item to Council. John Duffy 143
presented the item to Council. These fees are generally paid by builders and developers. Council President 144
Worrell referred the item to the Finance, Utilities and Rules Committee. 145
146
4
147
Council President Worrell announced the First Reading of Ordinance D-2694-23; An Ordinance of the 148
Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 3, Division IV, Section 9-149
171 of the Carmel City Code. Councilor Rider moved to introduce the item into business. Councilor 150
Nelson seconded. Councilor Aasen introduced the item to Council. John Duffy presented the item to 151
Council. Many of the pipes will need to be increased size in the future. Scott Miller presented to Council. 152
Currently, collection system issues are what need to be addressed. The Carmel plant treats Trico and 153
Westfield waste. $2.02 increase per month for the base charge and $1.01 per 1,000 gallons based on the 154
flow to the system for residents. That will go into place in January of 2024 and then 2025, 2026, 2027, etc 155
we go back to the normal inflation based CPI adjustment. If pipes aren’t upgraded, waste could come up 156
in basements or manholes. 157
158
159
ADJOURNMENT 160
Council President Worrell adjourned the meeting at 7:18 p.m. 161
162
Respectfully submitted, 163
164
____________________________________ 165
Sue Wolfgang, Clerk 166
167
Approved, 168
169
____________________________________ 170
Jeff Worrell, Council President 171
ATTEST: 172
173
174
__________________________________ 175
Sue Wolfgang, Clerk 176
177
MEMORANDUM
Date: November 9, 2023
To: Carmel City Council
From: Adrienne Keeling
Re: Ordinance Z-684-23
154 W. Carmel Drive C1 Rezone
Enclosed is the information packet for the following item, including Site Location and Zoning Maps. If you
have any questions, please contact me at akeeling@carmel.in.gov.
Forwarded with a favorable recommendation from Carmel Plan Commission:
Ordinance Z-684-23 (Docket No. PZ-2023-00185 Z: 154 W Carmel Drive C1 Rezone)
The applicant seeks to rezone the parcel located at 154 W Carmel Drive from the I1/Industrial District
within the Range Line Road Overlay to the C1/City Center District. The site is generally located at the
northeast corner of Carmel Drive and the Monon Greenway. Filed by the Department of Community
Services on behalf of the Carmel Plan Commission.
Proposal: Rezone 3.3 acres from the I1 Industrial District within the Range Line Road Overlay to
the C1 City Center District.
Address: 154 W. Carmel Drive, Carmel, IN 46032
Parcel ID: 16-09-36-00-00-031.000
Site Location Map
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Rezone Explanation:
The purpose of this proposal is to better position the real estate for future redevelopment consistent with other
walkable mixed-use developments along the Monon Greenway, as well as the Proscenium which is located east
of this site.
The current building will continue to remain for the foreseeable future as there are no specific plans or a
timeline for redevelopment. Once a specific development is proposed, a public hearing for a Development Plan
(DP) and ADLS will be held by the Plan Commission Hearing Officer with the same methods of public notice
required for Plan Commission public hearings, including newspaper publication, letters to adjoining property
owners, and a public hearing sign on the property. Any redevelopment proposal would also be subject to TAC
review and Carmel Redevelopment Commission approval.
C1 District:
The C1 District was proposed instead of C2 because of the proximity to other C1-zoned land between the Monon
Greenway and Range Line Road. See an excerpt of the zoning map below.
The standards of the C1/City Center District are established in Article 2, Sections 2.33 & 2.34 of the Carmel
Unified Development Ordinance. You may view the Unified Development Ordinance and Zoning Maps online
by clicking on Zoning Map & Tools in the Department of Community Services’ website: www.carmeldocs.com.
Zoning Map
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The information in this packet is arranged in the following order:
1. Proposed Ordinance Z-684-23
2. Plan Commission Certification (expires December 26, 2024)
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Carmel Drive
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C-1
I-1
B-3
I-1
Range Line Rd
Overlay
Range Line Rd Overlay
I-1
11/09/2023
Ordinance Z-684-23
1
Sponsor: Councilor Aasen 1
2
ORDINANCE Z-684-23 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
Rezoning 154 W. Carmel Drive to the C1/City Center District 7
8
Synopsis: 9
This ordinance rezones 3.3 acres located at the northeast corner of Carmel Drive 10
and the Monon Greenway to the C1/City Center District. 11
12
13
WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a unified 14
development ordinance, the terms of which are applicable to the geographic area consisting of the incorporated 15
area of the City of Carmel, Indiana, which unified development ordinance has been codified in Chapter 10 of 16
the Carmel City Code; and 17
18
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 19
map that is part of the unified development ordinance; and 20
21
WHEREAS, the Carmel Advisory Plan Commission, on September 19, 2023, voted to favorably 22
recommend Docket No. PZ 2023-00185 Z, rezoning the Parcels illustrated and described in Exhibit A, which 23
is incorporated herein (the “Real Property”). 24
25
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 26
that: 27
Section I: That the Official Zoning Map accompanying and made part of the Unified Development 28
Ordinance is hereby changed to designate the Real Property Parcels from the I1 29
Industrial District within the Range Line Road Overlay to the C1 City Center District. 30
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance 31
are hereby repealed. 32
33
Section III: This Ordinance shall be in full force and effect from and after its passage and signing 34
by the Mayor. 35
36
11/09/2023
Ordinance Z-684-23
2
EXHIBIT A 37
PROPERTY DESCRIPTION & LOCATION MAP 38
39
Address: Legal Description Parcel Number:
154 W. Carmel Drive Carmel 46032 3.3 acres S36 / T18 / R3 16-09-36-00-00-031.000
40
41 42
11/09/2023
Ordinance Z-684-23
3
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, 43
by a vote of _____ ayes and _____ nays. 44
45
COMMON COUNCIL FOR THE CITY OF CARMEL 46
47
48
___________________________________ 49
Jeff Worrell, President Laura Campbell, Vice-President 50
51
___________________________________ ____________________________________ 52
Kevin Rider Sue Finkam 53
54
___________________________________ ____________________________________ 55
Anthony Green Adam Aasen 56
57
___________________________________ ___________________________________ 58
Tim Hannon Miles Nelson 59
60
___________________________________ 61
Teresa Ayers 62
63
ATTEST: 64
65
__________________________________ 66
Sue Wolfgang, Clerk 67
68
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 69
_________________________ 2023, at _______ __.M. 70
71
____________________________________ 72
Sue Wolfgang, Clerk 73
74
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 75
________________________ 2023, at _______ __.M. 76
77
____________________________________ 78
James Brainard, Mayor 79
ATTEST: 80
81
___________________________________ 82
Sue Wolfgang, Clerk 83
84
85
86
Prepared by: 87
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 88
89
CERTIFICATION
OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING MAP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-684-23
154 W. Carmel Drive C-1 Rezone
I1/Industrial District to C-1/City Center District
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application Docket
No. PZ-2023-00185 Z - petitioning to the parcel located at 154 W Carmel Drive from the
I1/Industrial District within the Range Line Road Overlay to the C1/City Center District.
The site is generally located at the northeast corner of Carmel Drive and the Monon
Greenway.
The Carmel Plan Commission Commercial Committee’s recommendation on the petition
of the applicant is “Favorable.”
At its regularly scheduled meeting on September 19, 2023, the Carmel Plan Commission
voted Eight (8) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-684-23 with a “Favorable Recommendation”.
Please be advised that by virtue of the Plan Commission’s Favorable Recommendation,
pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Tuesday, December 26, 2023.
CARMEL PLAN COMMISSION
BY: _____________________________________
Brad Grabow, President
ATTEST:
_____________________________________
Joe Shestak, Secretary
Carmel Plan Commission
Dated: September 27, 2023
MEMORANDUM
Date: November 9, 2023
To: Carmel City Council
From: Adrienne Keeling
Re: Ordinance Z-685-23
988 3rd Avenue SW C1 Rezone
Enclosed is the information packet for the following item, including Site Location and Zoning Maps. If you
have any questions, please contact me at akeeling@carmel.in.gov.
Forwarded with a favorable recommendation from Carmel Plan Commission:
Ordinance Z-685-23 (Docket No. PZ-2023-00186 Z: 988 3rd Avenue SW C1 Rezone)
The applicant seeks to rezone the parcel located at 988 3rd Avenue SW from the I1/Industrial District to
the C1/City Center District. The site is generally located at the northeast corner of 3rd Avenue SW and
Gradle Drive. Filed by the Department of Community Services on behalf of the Carmel Plan
Commission.
Proposal: Rezone 5.5 acres from the I1 Industrial District to the C1 City Center District.
Address: 988 3rd Ave SW, Carmel, IN 46032
Parcel ID: 16-09-36-00-00-007.000
Site Location Map
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Gradle Drive Civic Sq.
Fountain
Fire
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Police
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Rezone Explanation:
The purpose of this proposal is to expand the walkable mixed-use development pattern found in Carmel City
Center and surrounding the Civic Square campus. This site, adjacent to the Monon Greenway and Carmel City
Center is a next logical step in continuing this walkable mixed-use development momentum.
The current building will continue to remain for the foreseeable future as there are no specific plans or a
timeline for redevelopment. Once a specific development is proposed, a public hearing for a Development Plan
(DP) and ADLS will be held by the Plan Commission Hearing Officer with the same methods of public notice
required for Plan Commission public hearings, including newspaper publication, letters to adjoining property
owners, and a public hearing sign on the property. Any redevelopment proposal would also be subject to TAC
review and Carmel Redevelopment Commission approval.
C1 District:
The C1 District was proposed instead of C2 because this site is directly adjacent to other C1-zoned land in the
Carmel City Center area. See an excerpt of the zoning map below.
The standards of the C1/City Center District are established in Article 2, Sections 2.33 & 2.34 of the Carmel
Unified Development Ordinance. You may view the Unified Development Ordinance and Zoning Maps online
by clicking on Zoning Map & Tools in the Department of Community Services’ website: www.carmeldocs.com.
Zoning Map
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The information in this packet is arranged in the following order:
1. Proposed Ordinance Z-685-23
2. Plan Commission Certification (expires December 26, 2024)
C-1
I-1 B-3
I-1
I-1
3rd
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Fire
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Civic Sq.
Fountain
C-1
C-1
B-7
C-1
Police
Station
Gradle Drive
11/09/2023
Ordinance Z-685-23
1
Sponsor: Councilor Aasen 1
2
ORDINANCE Z-685-23 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
Rezoning 988 3rd Avenue SW to the C1/City Center District 7
8
Synopsis: 9
This ordinance rezones 5.5 acres located at the northeast corner of 3rd Avenue SW 10
and Gradle Drive to the C1/City Center District. 11
12
13
WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a unified 14
development ordinance, the terms of which are applicable to the geographic area consisting of the incorporated 15
area of the City of Carmel, Indiana, which unified development ordinance has been codified in Chapter 10 of 16
the Carmel City Code; and 17
18
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 19
map that is part of the unified development ordinance; and 20
21
WHEREAS, the Carmel Advisory Plan Commission, on September 19, 2023, voted to favorably 22
recommend Docket No. PZ 2023-00186 Z, rezoning the Parcels illustrated and described in Exhibit A, which 23
is incorporated herein (the “Real Property”). 24
25
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 26
that: 27
Section I: That the Official Zoning Map accompanying and made part of the Unified Development 28
Ordinance is hereby changed to designate the Real Property Parcels from the I1 29
Industrial District to the C1 City Center District. 30
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance 31
are hereby repealed. 32
33
Section III: This Ordinance shall be in full force and effect from and after its passage and signing 34
by the Mayor. 35
36
11/09/2023
Ordinance Z-685-23
2
EXHIBIT A 37
PROPERTY DESCRIPTION & LOCATION MAP 38
39
Address: Legal Description Parcel Number:
988 3rd Avenue SW Carmel 46032 5.5 acres S36 / T18 / R3 16-09-36-00-00-007.000
40
41 42
11/09/2023
Ordinance Z-685-23
3
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, 43
by a vote of _____ ayes and _____ nays. 44
45
COMMON COUNCIL FOR THE CITY OF CARMEL 46
47
48
___________________________________ 49
Jeff Worrell, President Laura Campbell, Vice-President 50
51
___________________________________ ____________________________________ 52
Kevin Rider Sue Finkam 53
54
___________________________________ ____________________________________ 55
Anthony Green Adam Aasen 56
57
___________________________________ ___________________________________ 58
Tim Hannon Miles Nelson 59
60
___________________________________ 61
Teresa Ayers 62
63
ATTEST: 64
65
__________________________________ 66
Sue Wolfgang, Clerk 67
68
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 69
_________________________ 2023, at _______ __.M. 70
71
____________________________________ 72
Sue Wolfgang, Clerk 73
74
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 75
________________________ 2023, at _______ __.M. 76
77
____________________________________ 78
James Brainard, Mayor 79
ATTEST: 80
81
___________________________________ 82
Sue Wolfgang, Clerk 83
84
85
86
87
Prepared by: 88
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 89
90
CERTIFICATION
OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING MAP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-685-23
988 3rd Ave SW - C-1 Rezone
I1/Industrial District to C-1/City Center District
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application Docket
No. PZ-2023-00186 Z - petitioning to the parcel located at 988 3rd Avenue SW from the
I1/Industrial District to the C1/City Center District. The site is generally located at the
northeast corner of 3rd Avenue SW and Gradle Drive.
The Carmel Plan Commission Commercial Committee’s recommendation on the petition
of the applicant is “Favorable.”
At its regularly scheduled meeting on September 19, 2023, the Carmel Plan Commission
voted Eight (8) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-685-23 with a “Favorable Recommendation”.
Please be advised that by virtue of the Plan Commission’s Favorable Recommendation,
pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Tuesday, December 26, 2023.
CARMEL PLAN COMMISSION
BY: _____________________________________
Brad Grabow, President
ATTEST:
_____________________________________
Joe Shestak, Secretary
Carmel Plan Commission
Dated: September 27, 2023
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/9/23 at 9:17 AM. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE D-2691-23 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE 3 CITY OF CARMEL, INDIANA, DESIGNATING THE CAPERTON-CARTER HOUSE 4 HISTORIC DISTRICT LOCATED AT 35 AND 39 MAPLECREST DRIVE. 5 6
Synopsis: Designates a historic district consisting of the Caperton-Carter House 7 property, located at 35 and 39 Maplecrest Drive. 8 9 WHEREAS, the mission of the Carmel Historic Preservation Commission (the 10 “Commission”) is to preserve and protect the historic or architecturally worthy buildings, 11 structures, sites, monuments, streetscapes, squares, and neighborhoods of designated historic 12
districts located within the City’s corporate limits; and 13 14 WHEREAS, in order to fulfill its mission, the Commission commissioned an update to 15 earlier surveys in order to identify historic buildings, structures, and sites located within the City 16
(the “Survey”); and 17
18 WHEREAS, on March 3, 2023, the owner of real property located at 35 and 39 19 Maplecrest Drive, Carmel, IN 46033, submitted an application to the Commission seeking a 20 historic district designation for said property; and 21 22 WHEREAS, the Commission used the property owner’s application and the results of 23 the Survey to prepare a map designating the boundaries of the proposed Caperton-Carter House 24 Historic District (the “District”); and 25 26
WHEREAS, pursuant to Carmel City Code § 2-188(d)(8), on October 12, 2023, the 27
Commission held a public hearing for the purpose of allowing discussion and public comment on 28 the proposed District; and 29 30 WHEREAS, at the October 12, 2023, public meeting, the Commission held that the 31 proposed District has historic and architectural significance that merits the protection of the 32
property as a historic district; and 33 34 WHEREAS, pursuant to Indiana Code §36-7-11-7 and Carmel City Code § 2-188(d), the 35 Carmel Common Council (the “Council”) is authorized to designate a historic district following 36
the written recommendation to establish such a district by the Commission; and 37
38 WHEREAS, in accordance with Carmel City Code § 2-188(d), the Commission has 39 prepared a map of the District, classified and designated all buildings, structures and sites located 40 within the District, and drafted proposed design and architectural standards for the District, all of 41 which are attached hereto and incorporated herein as Exhibit A; and 42
43 Ordinance D-2691-23 44 Page One of Three Pages 45
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/9/23 at 9:17 AM. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
WHEREAS, the Commission has now presented the District map, classification and 46 designation of structures located within the District, and proposed standards for the District to 47
the Council for its approval as a historic district; and 48 49 WHEREAS, the establishment of the Caperton-Carter House Historic District is in the 50 public interest. 51
52 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 53 Carmel, Indiana, that: 54 55 Section 1: The forgoing Recitals are incorporated herein by this reference. 56 57
Section 2: The map, classifications and designations of structures, and the proposed 58 standards for the proposed Caperton-Carter House Historic District as set forth in Exhibit A are 59 hereby approved by the Common Council, and the Caperton-Carter House Historic District is 60 hereby established. 61
62
Section 3: Two copies of the map of the Caperton-Carter House Historic District shall be 63 placed on file in the Office of the Clerk for public inspection. 64 65 Section 4: This Ordinance shall be in full force and effect from and after its passage and 66 signing by the Mayor. 67
68 69 70 71
72
73 74 75 76 77
78
[Remainder of page intentionally left blank] 79 80 81
82
83 84 85 86 87
Ordinance D-2691-23 88 Page Two of Three Pages 89 90 91
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/9/23 at 9:17 AM. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of 92 ________, 2023, by a vote of _____ ayes and _____ nays. 93
94 COMMON COUNCIL FOR THE CITY OF CARMEL 95 96 97
___________________________________ 98
Jeff Worrell, President Laura Campbell, Vice-President 99 100 ___________________________________ ____________________________________ 101 Kevin Rider Sue Finkam 102 103
___________________________________ ____________________________________ 104 Anthony Green Adam Aasen 105 106 ___________________________________ ___________________________________ 107
Tim Hannon Miles Nelson 108
109 ___________________________________ 110 Teresa Ayers 111 112 ATTEST: 113
114 __________________________________ 115 Sue Wolfgang, Clerk 116 117
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 118
_________________________ 2023, at _______ __.M. 119 120 ____________________________________ 121 Sue Wolfgang, Clerk 122 123
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 124 ________________________ 2023, at _______ __.M. 125 126 ____________________________________ 127
James Brainard, Mayor 128
ATTEST: 129 130 ___________________________________ 131 Sue Wolfgang, Clerk 132 133
Ordinance D-2691-23 134 Page Three of Three Pages 135 136 137
Carmel
Historic
Preservation
Commission
Caperton-Carter House
Preservation Plan
Recommended by the Carmel Historic Preservation Commission
October 12, 2023
Carmel, Hamilton County, Indiana
EXHIBIT A
2
Caperton-Carter House
35 and 39 Maplecrest Drive
Carmel, Hamilton County, Indiana, 46033
THE CARMEL
HISTORIC PRESERVATION COMMISSION
Prepared By:
The Carmel Historic Preservation Commission
Carmel, Hamilton County, Indiana
Historical Information Provided By:
The Carmel Clay Historical Society
October 2023
Recommended by the Carmel Historic Preservation Commission
Officially adopted by Carmel City Council November 20, 2023
3
TABLE OF CONTENTS
Owner 4
Historic and Architectural Design Analysis 4
• Construction Information 4
• Legal Description 4
• Statement of Significance 5
• Boundary Map of the Historic District 8
• Physical Description 9
Preservation Objectives 10
Architectural and Design Standards 11
• Guidelines for Rehabilitations to the House 12
• Guidelines for Demolition and Infill Construction 17
• Guidelines for Additions to the House 21
• Guidelines for Site Development and Landscaping 21
APPENDIX I: PHOTOGRAPHS 24
4
OWNER
Eleanor Carter
35 and 39 Maplecrest Drive
Carmel, Indiana 46033
HISTORIC AND ARCHITECTURAL
DESIGN ANALYSIS
CONSTRUCTION INFORMATION
Date of original design, construction, or origin: 1932-33
LEGAL DESCRIPTION
The subject property comprises three parcels of land which includes three structures: “the
house” (which is the primary structure), “the Carriage House” (an accessory structure), and the
“summer house” (another accessory structure) and an in-ground pool. The property is described
as follows:
Parcels 17-10-29-03-01-003.000, 16-10-30-04-05-004.000, and 16-10-30-04-05-006.000
located in the City of Carmel, Section 29, Township 18, Range 4 of Hamilton County, Indiana.
Containing 3.11 acres.
The “historic district” is defined as the parcel comprising the property and three historic
buildings.
5
STATEMENT OF SIGNIFICANCE
The original inhabitants of the area now known as Hamilton County were the Delaware tribe,
who raised crops on the waterway now known as the White River.1 The 1818 Treaty of St.
Mary’s, as well and the later removal of the indigenous peoples in the area, opened the land for
white settlement.2 For much of its history, Carmel remained a quiet and sleepy farming village,
tucked away in the southwest corner of Hamilton County, Indiana. The townships of Clay and
Delaware consisted of a patchwork of farmsteads, most of whose origins dated to the early
nineteenth century. Many of the early settlers who constituted the population of early Carmel
consisted of members of the Society of Friends (Quakers) and their Methodist neighbors.
Agriculture would remain the predominant theme of the community through the nineteenth
century and well into the next.
The Caperton-Carter House is located in the City of Carmel, Clay Township, Hamilton County,
Indiana. It lies in the portion of Clay Township located east of present-day Keystone Parkway.
The address comprises a parcel of 3.11 deeded acres in Section 29, Township 18, Range 4.
The allocation of land in Clay Township from the federal government to pioneers occurred
largely between the 1822 formation of Hamilton County and 1838 under the terms of the
Northwest Ordinance.3 Clay Township itself was established in 1833, having been carved out of
the original territory of Delaware Township, which first encompassed all land west of the White
River in Hamilton County.4
In 1837, the Village of Bethlehem was founded at the intersection of present-day Main Street
and Rangeline Road and would eventually become the downtown center for the City of Carmel.
The name was changed from Bethlehem to Carmel when the town was incorporated in 1874.5
The site of the historic house is located approximately 5.9 miles from the center of Carmel.
Fourteen schools had been established in Clay and western Delaware Townships by the late
1850s, including five in south Clay Township.6 Ten churches had also developed within the
same area. United Brethren Church in south Clay Township would have been nearest to the
historic site. In the 1860s, the population of Clay Township reached 1,161.7
Advancements in transportation were transformative for the development of Carmel and Clay
Township. In 1883, the arrival of the Monon Railroad linked Carmel to Indianapolis, Westfield,
1 Hamilton County Interim Report. (Historic Landmarks Foundation of Indiana: Indianapolis, 1992), xiv.
2 Ibid.
3 Hamilton County Surveyor’s Office. Original Hamilton County Land Grants. 1993 ed., revised 1999.
Accessed January 22, 2018, http://www.hamiltoncounty.in.gov/DocumentCenter/Home/View/2037
4 Van Allen, Elizabeth J., Carmel Grows Up: The History and Vision of an Edge City (Carmel-Clay
Historical Society: Carmel, IN, 2017), 3. http://www.carmelclayhistory.org/the-history-of-carmel
5 Ibid., 5.
6 Van Allen, 3.
7 Ibid.
6
Sheridan and Lafayette by passenger and freight rail.8 In 1903, the Indiana Union Traction
Interurban Line began serving Clay Township, linking the area to all parts of the state and
coinciding with the electrification of Carmel and its environs.9 Despite the appearance of
modern infrastructure, Carmel and Clay Township remained agricultural in focus with a small
population throughout the early twentieth century. By 1930, Carmel-proper had only 682
citizens, but the town had managed to erect a Carnegie library in 191010 and a new high school
in 1923.11 The town experienced little change during the interwar years when Woods Caperton
built this home; however, the construction of U.S. 31 afforded Carmel the economic and
geographic benefits of connectivity to the city of Indianapolis while also creating a distinct line of
demarcation between the east and west sections of Carmel and Clay Township.12
During the 1950s and 1960s, Carmel experienced suburbanization amid the postwar housing
boom and patterns of flight from the urban core of Indianapolis.13 By the 1970s, agriculture
ceased to be the dominant land use and category of occupation in Clay Township as more
property was developed for commercial and residential purposes.14 Indeed, between 1970 and
1980, the population of Carmel escalated from 6,578 to 18,272.15 The city experienced 21
annexations during the 1960s and 41 annexations during the 1970s.16 Carmel gained City
status in 1974 and experienced significant expansion of transportation infrastructure over the
decade of the 1970s, including the widening of U.S. 31, the construction of I-465, and the
extension of Keystone Parkway through Clay Township – all of which boosted the mutual
accessibility of Carmel and Indianapolis, furthering Carmel’s rapid growth as a suburban
community.17 Expansion of roadways and tax incentives created new opportunities for
corporations to locate in Carmel, and many companies established headquarters along U.S. 31
in the 1980s, including Thomson Consumer Electronics, Delta Faucets, and Conseco
Insurance.18 During the 1980s and 1990s, Duke Associates and Robert V. Welch also
developed the Meridian Technology Center at 116th and Pennsylvania Streets and the Carmel
Science and Technology Park along U.S. 31, contributing to the westward thrust of development
in Carmel.19 Concurrently, the population of Carmel skyrocketed during this period, ultimately
reaching a population of roughly 101,964 by 2022.20
Construction on the house began in 1932 by Woods Caperton Sr. Caperton was a well-
connected Eli Lilly executive who lived primarily in Indianapolis with his wife Sue. They
purchased a farm in Carmel in the early 1930s and began building the main residence.21
Following Caperton Sr.’s death in October 1933, the home was then primarily occupied by his
8 Ibid., 6.
9 Ibid.
10 Ibid.
11 Ibid., 7.
12 Ibid., 8.
13 Ibid.
14 Ibid.
15 Ibid.
16 Ibid.
17 Ibid.
18 Ibid., 11.
19 Ibid.
20 United States Census Bureau. QuickFacts: Carmel city, Indiana. Accessed online July 12, 2023.
https://www.census.gov/quickfacts/carmelcityindiana
21 “Sudden Death WA Caperton Near Carmel,” Noblesville Ledger, October 11, 1933, p. 1. Accessed
online May 2, 2023. https://www.newspapers.com/image/353576322.
7
son Woods Caperton Jr. and his wife Martha. Woods Caperton Jr., who named his property
“Cricklewood Farm”, was well-known as a breeder of Percheron horses.
In 1945, the home was sold to Mary Fairbanks, the daughter of Charles Fairbanks, who served
as Vice President of the United States during Theodore Roosevelt’s second term.22 By the late
1950s, Mary Fairbanks had transferred ownership to her sons David Fairbanks Causey and
Lewis Dean Causey and their spouses. David and Barbara Causey retained acreage adjacent
to the Caperton-Carter House, building a Mid-Century Modern home for their residence (now
demolished).
The Causey family collectively sold the home in 1965 to Joseph S. Dawson, a prolific real estate
developer in Indianapolis and Carmel. Dawson, who was the president of Broad Ripple Lumber
Company, extensively remodeled the interior of the home over the course of five years.23 It was
during his tenure that Dawson subdivided the remainder of the estate into lots for the
surrounding neighborhood, which he named Cool Creek Estates. Gerald and Anna LeMay
purchased the remodeled version of the home c.1970. Gerald was well-known as a franchise
owner of various Burger Chef restaurants in Central Indiana. The LeMay family would only stay
in the house for four years, selling the home to Charles and Eleanor Carter in 1974. Mrs. Carter
remains the owner to this day.
22 “Mrs. Fairbanks Causey Buys a Carmel Farm,” Noblesville Ledger, August 18, 1945, p. 1. Accessed
online August 8, 2023. https://www.newspapers.com/image/353698661.
23 “Beauty of Yesteryear Lives on In Cool Creek,” Indianapolis Star, January 18, 1970, p. 123. Accessed
online August 10, 2023. https://www.newspapers.com/image/106837184.
8
BOUNDARY MAP OF THE HISTORIC
DISTRICT
Figure 1. Black line highlights CHPC boundary of the Caperton-Carter House
Historic District, which is consistent with the boundary for Parcels 17-10-29-03-01-003.000, 16-
10-30-04-05-004.000, and 16-10-30-04-05-006.000.
9
PHYSICAL DESCRIPTION
The Caperton-Carter House is a front-gabled two-story French Eclectic style house with a
square footprint and a primary north-south axis. Its north façade faces East Main Street, and the
primary entrance is located on its west façade. The house is set back from Maplecrest Drive
and accessed from a long driveway. During warmer months, the house is slightly obscured from
view due to the tree line. The house has a limestone veneer exterior on both levels. The main
home has a gabled tile roof and wood windows with muntins between the glass panes.
The west façade is divided into three major segments. At the left (north) end is a wooden door
and casement window on the first floor. The second floor of this segment contains a gabled
dormer window. On the first floor of the center of the façade is a wood front door with a
casement window on its left and a projecting gable on the right. The projecting gable has a
single pane casement window on the first floor and a double pane casement window on the
second floor. There is a single pane casement window on the first floor to the right of the
projecting gable. The second floor of the center section contains two gabled dormer windows.
This center section of the façade also contains one offset left, exterior, stone veneer chimney
and one offset right, exterior, stone veneer chimney. On the right (south) of the western façade
is a gabled projection with a triple paned casement window on the first floor and single pane
casement window on the second floor.
The north façade contains two single paned casement windows on the first floor of the building.
The second floor contains a Palladian casement window with a stone balcony.
The east façade, like the west, contains three different segments. The left side (south) contains
a three paneled casement window on the first floor and a single panel casement window on the
second floor. The central section of the east façade contains two bay windows on the first floor.
There is also a door in the center with a crest above it. The second floor of the central section is
flanked by three paned gable windows with a segmental dormer casement window in the center.
This section also has a single-pane window on both floors on its sides. The right (north) side
contains a horizontal three paned casement window and a vertical two paned casement window
on the first floor. The second floor of this section contains a two-paned casement window and a
gabled single pane window.
The south façade has a three-door garage on the first floor. At the level of the second floor,
there are two gabled dormer windows.
Located to the northeast of the historic house is the summer house, connected to the pool. The
building has a stone façade and gabled asphalt roof.
To the south of the home is the carriage house. The building has a stone foundation and an
asphalt roof. The house contains a two-door garage on the north façade. Both east and west
facades of the house contain gabled two paned casement windows. The South façade contains
a stone chimney.
10
PRESERVATION OBJECTIVES
The subject structures, exterior features of the site and architectural and historic
character thereof shall be preserved as a significant resource of Carmel.
Preservation Criteria
1. Any development, construction, reconstruction, or alteration of the subject exterior
structure or site shall be appropriate to the property’s historic and architectural
values and significance.
2. Any development, construction, reconstruction, or alteration to the exterior shall be
visually compatible and appropriate in function, general design, arrangement, color,
texture, and materials to the design and character of the subject property.
3. The latest edition Secretary of the Interior’s Guidelines for Rehabilitation can be used as a
resource when determining proper techniques to meet the above preservation
criteria.
11
ARCHITECTURAL AND DESIGN
STANDARDS
Purpose of Architectural and Design Standards
These standards are intended to assist the property owner of the Caperton-Carter House in
choosing an appropriate approach to issues which arise when working on or
developing this historic property. The standards are not meant to restrict creativity, but
rather are meant to suggest appropriate approaches and to guard against unsympathetic
actions.
Each standard contains a set of guidelines that provide recommended and not recommended
approaches to specific kinds of work to be undertaken.
Certificates of Appropriateness (COAs)
The Carmel Historic Preservation Commission (CHPC) grants approvals by issuing
Certificates of Appropriateness (COA). The CHPC uses the design standards when it
reviews and makes decisions regarding alterations, new construction, reconstruction,
and demolition.
The CHPC’s Statutory Authority to Approve
A state statute (I.C. 36-7-11) authorizes the CHPC to review and approve the following
actions before they occur in a district:
• Construction of any structure
• Reconstruction of any structure
• Alteration of any structure
• Demolition of any structure
Unless otherwise stated in this plan, it is presumed that all actions related to the above
four items MUST BE APPROVED by the CHPC and it is presumed that related design
guidelines are enforceable.
The CHPC’s Jurisdiction
The historic area as defined on page 4 in this Preservation Plan is the site of three
buildings, the “house”, the “carriage house” and the “summer house” with pool.
12
All three structures are of a basic rectangular form and demonstrate a high degree of integrity.
The house is an Outstanding local example of early 20th-century French Eclectic architecture, as
identified in the Carmel Historic Architecture Survey, adopted by the City Council in 2014.
Under the Caperton-Carter House Historic District Preservation Plan, the CHPC does not have
any authority over the interior of the building or any interior furnishings and
elements.
GUIDELINES FOR REHABILITATION OF THE
CAPERTON-CARTER HOUSE
Accessibility
The City of Carmel recognizes the need to accommodate and include persons with
disabilities to the greatest extent possible. Regarding historic areas, the goal is to
facilitate universal access for all persons without destroying a building’s historic and
architecturally significant materials and character defining features. When modifying
an existing building to provide accessibility, the following guidelines should be followed:
RECOMMENDED:
1. The new element or alteration will have as little visual impact as possible on the historic
character of the building.
2. The new element or alteration shall be easily reversible (i.e., impermanent) such that it could
be removed to return the building to its original appearance.
3. Ramps shall be carefully designed and located to preserve the building’s character.
4. Materials for ramps shall be compatible with the building. If painted or stained, wood
ramps shall be painted or stained to match the building.
5. Handrails will be made of metal or wood. Wire or cable handrails are not appropriate.
6. Lifts shall be as inconspicuous as possible. If feasible, lifts will disappear into the ground, be
built into another feature, or painted to match the adjoining materials.
7. Ramps, lifts, etc. can be screened with landscaping.
8. If an existing door opening is too narrow to accommodate a wheelchair and its alteration
would significantly diminish the historic integrity and character of the building or result in the loss
of a significant historic door, consider installing off-set door hinges to increase the effective
width of the door opening without physically altering it.
9. Consider installing automatic door openers or frictionless hinges to make doors easier to
open.
10. Accessibility components shall be:
A. temporary,
B. not destroy historic fabric, and
13
C. be of materials and/or color that has the least visual impact on the historic structure.
NOT RECOMMENDED:
1. Unnecessarily covering significant architectural details or damaging historic material.
Note: The CHPC is not responsible for ensuring that applicants meet federal, state and local accessibility
requirements. The recommendations in this plan are guidelines and are not descriptions of legal
requirements regarding accessibility. Consult the local building code and state and federal laws and
regulations to determine legal requirements for accessibility
Doors and Door Openings
RECOMMENDED:
1. Original doors shall be repaired and retained, or if beyond repair, replicated.
2. If an original door is lost, its replacement will reflect the character and style of the building.
3. If an alteration to a door opening must be made, it shall be done with as little effect on the
historic character of the building as possible.
NOT RECOMMENDED:
1. Eliminating original or adding new door openings, especially on significant elevations. Any
new openings should be distinguishable from the original openings.
2. Changing the original size and shape of door openings.
Masonry
RECOMMENDED:
1. Identify and stop the causes of damaged masonry before undertaking repairs.
2. If mortar is missing or loose, the joints shall be cleaned out with care so as not to damage the
brick or stone.
3. Repoint using a mortar mix that closely matches the composition, joint profile and color of
the original. An expert will be consulted to assure the proper mortar is used.
4. Whenever replacement brick or stone is needed, use salvaged or new material which closely
matches the original in size, color, uniformity and texture.
5. Any cleaning shall be done using the gentlest method possible and will be stopped at the first
evidence of damage to masonry. Test patches shall be used to assess the effect of any
proposed cleaning method.
6. If historic chimneys or chimney pots are damaged, an effort should be made to repair rather
than replace the features. If it is determined that the chimney pots cannot be repaired, they
should be replaced with new chimney pots that resemble the originals as closely as possible in
size, shape, color, and materials.
14
NOT RECOMMENDED:
1. Power grinders. The mechanical equipment is cumbersome and even the most skilled
worker will tire or slip and cause irreversible damage.
2. Sandblasting, high pressure water blasting (over 600 psi), grinding, and harsh chemicals.
3. Painting, waterproof and water repellent coatings, unless masonry has been previously
treated. They are generally not needed and can potentially cause serious damage to the
masonry. Also avoid covering masonry with tar or cement coatings.
Wood
RECOMMENDED:
1. Identify and stop the causes of damaged wood before undertaking repairs.
2. Retain coatings, including paint, which protect the wood from moisture and weathering.
3. Repair wood features by patching, piecing-in, or limited replacement in-kind using
remaining elements as prototypes.
4. Replace any wood that cannot be repaired with in-kind material that matches the original in
size, profile, and texture. Any clapboard siding replaced on the property should be of smooth
cedar or poplar.
NOT RECOMMENDED:
1. Stripping paint and varnish to bare wood.
2. Utilizing substitute materials that do not convey the visual appearance of existing wood
features or are not physically or chemically compatible.
Paint
RECOMMENDED:
1. Gently remove all loose, flaking paint and clean the surface before repainting. It is not
necessary to remove all old paint as long as it is firmly fixed to the surface.
2. Paint colors shall be submitted to the Commission for review and approval.
15
NOT RECOMMENDED:
1. Any type of permanent coating system.
2. Waterblasting and other forms of abrasive cleaning as a method of paint removal.
3. Painting any previously unpainted masonry
Roofs, Roof Elements, and Guttering and Downspouts
RECOMMENDED:
1. Retain existing tile roofing material on the main house. If the roof reaches the end of its
current lifespan and cannot be repaired, replacement roofing shall match the existing, original
roofing material. Asphalt shingle roofing may be replaced with in-kind materials.
2. Mechanical and service equipment (such as condensers, transformers or solar collectors)
shall not be installed on the roof, other exterior surfaces, or other locations on the property
where they would be visible from the public right-of-way.
3. Original chimneys that contribute to the roof character shall be repaired and retained. If no
longer in use, they shall be capped rather than removed.
4. Retain existing copper gutters and downspouts on main house. If gutters need to be replaced
and cannot be repaired, new gutters should match existing materials.
NOT RECOMMENDED:
1. Altering a roof slope and shape in a way that changes the historic character of the building.
2. Adding dormers or roof sheds which change the significant character of the building.
3. Expanding or connecting existing dormers.
4. Adding skylights visible from a public right-of-way.
5. Placing roof vents, metal chimneys, antennas, solar panels, satellite dishes (over 18 inches),
air conditioning units, and other mechanical equipment where visible from the street.
6. Covering roof in an inappropriate material, such as standing-seam metal or similar products.
Security Items
RECOMMENDED:
1. Security devices that will not detract from the character of the building and surrounding
area. Acceptable examples include installing locks on windows and doors, installing alarm
systems, and installing lighting.
2. If a security door is necessary, it is recommended the security doors will:
a. have as few bars as possible,
b. be simple in design with no decorative details,
16
c. fit the door opening exactly, without alteration to the door frame, and
d. painted to match the door it protects.
3. Consider installing fixed bars on the inside of basement windows because of their minimal
impact to the character of a building.
NOT RECOMMENDED:
1. Overly decorative security doors.
2. Exterior folding gates on the front of the building.
Windows and Window Openings
RECOMMENDED:
1. Windows define architectural character and historic significance. Original materials and
features will be retained. The house includes leaded glass windows and doors as character-
defining features. These windows and doors shall be retained and not replaced.
2. Window replacement shall be considered only when one of the following conditions exist
and can be documented:
a. The existing windows are not original and are not significant.
b. The condition is so deteriorated that repair is not economically feasible.
3. Rather than replacing windows to attain energy efficiency, existing windows shall be
repaired and retrofitted using caulk, weather-stripping, modern mechanical parts, and
exterior or interior storm windows. Some windows can be slightly altered to accept insulated
glass.
4. Storm windows may be of any material, provided the finished product is the same color as
the underlying window frame. They should be as invisible and unnoticeable as possible from the
exterior of the house.
5. Original window trim shall be preserved and retained. Badly deteriorated sections shall be
replaced to match the original.
6. Historic casement windows are important architectural features. Every effort
will be made to retain them and maintain and repair them in an appropriate manner.
7. Any replacement glazing shall be outfitted on its inside surface with a diamond-paned
leading pattern compatible in appearance with the leading on the original windows of the house.
8. Window openings may utilize canvas awnings for protection from the elements.
NOT RECOMMENDED:
1. Replacement windows not similar to the original in size, dimension, shape, design, pattern,
and material.
2. Creating new window openings or eliminating original window openings. This will be
considered only when necessary. Avoid doing so on significant, highly visible facades. Do not
downsize original window openings.
17
Lighting
RECOMMENDED:
1. The guidelines do not provide specific requirements for exterior lighting; however,
homeowners are encouraged to select fixtures that complement the character of the
house when choosing replacement lighting.
NOT RECOMMENDED:
1. Light fixtures that shine upward, contributing to light pollution.
Porches and Terraces
RECOMMENDED:
1. Existing porches shall be retained and maintained without alteration to their character.
2. Existing stoops may be altered or removed as needed.
GUIDELINES FOR DEMOLITION AND INFILL
CONSTRUCTION
Introduction
This section explains the type of work considered in this plan to be demolition to be used when
reviewing applications for Certificates of Appropriateness that include demolition. Before
receiving any permits or undertaking any work that constitutes demolition, a Certificate of
Appropriateness from the Carmel Historic Preservation Commission must be issued.
Definition
For the purpose of this plan, demolition shall be defined as the razing, wrecking or removal by
any means of the entire or partial exterior of a structure. The following examples are meant to
help define demolition and are not all-inclusive:
1. The razing, wrecking or removal of a total structure.
2. The razing, wrecking or removal of part of a structure, resulting in a reduction in its mass,
height or volume.
3. The razing, wrecking or removal of an enclosed or open addition.
Some work that may otherwise be considered demolition may be considered rehabilitation, if
done in conjunction with a CHPC Certificate of Appropriateness for rehabilitation.
Examples include:
1. The removal or destruction of exterior siding and face material, exterior surface trim,
18
and portions of exterior walls.
2. The removal or destruction of those elements which provide enclosure at openings in any
exterior wall (e.g., window units, doors, panels).
3. The removal or destruction of architectural, decorative or structural features and
elements which are part of the exterior of a structure or on the property (e.g., parapets,
cornices, brackets, chimneys, terrace or patios).
Examples of work not included in demolition:
1. Any work on the interior of a structure.
2. The removal of small exterior elements of the structure that are not structurally
integrated with the main structure and are generally considered rehabilitation, such as
utility and mechanical equipment, awnings, light fixtures, fire escapes, signs, paint,
fencing, sidewalks, streets, curbs, landscaping and asphalt driveway. Such work may
require a Certificate of Appropriateness under other guidelines in this plan.
Approval
The CHPC requires a Certificate of Appropriateness for demolition if any of the proposed
activities include razing, wrecking or removal of any part of the historic house, the garage, or
the corn bin. The CHPC may ask interested individuals or organizations for assistance in
seeking an alternative to demolition. The Commission will also consider how the loss of a
building, or a portion thereof, will affect the character of the surrounding area, and in the
case of partial demolition, the building itself.
The CHPC will consider issuing a Certificate of Appropriateness for the full or partial
demolition of a building within the historic district only if one or more of the following are true:
1. The structure poses an immediate and substantial threat to the public safety.
2. The historic or architectural significance of the structure or part thereof is such that, in the
Commission's opinion, it does not contribute to the historic character of the structure and
the historic area, or the context thereof.
3. The demolition is necessary to allow new development which, in the Commission's
opinion, is of greater significance to the preservation of the historic area than its retention of
the structure, or portion thereof, for which demolition is sought.
4. The structure or property cannot be put to any reasonable economically beneficial use for
which it is or may be reasonably adapted without approval of demolition.
When evaluating a proposal for demolition, the CHPC shall consider the following criteria for
demolition as guidelines for determining appropriate action:
CONDITION
Demolition of a historic building may be justified by condition. In certain instances demolition
of selective parts of the building may be authorized after proper evaluation by the Carmel
19
Historic Preservation Commission.
SIGNIFICANCE
The Commission has the responsibility of determining the significance of a structure. With
the adoption of this plan, the commission has determined:
1. The Caperton-Carter House is contributing to the architectural and historical significance
of the site.
2. The summer house is contributing to the architectural significance of the site.
3. The carriage house is contributing to the architectural and historical significance of the
site.
The Commission will also consider how the loss of a building, or a portion thereof, will affect
the character of the surrounding area, and in the case of partial demolition, the building
itself.
REPLACEMENT
Demolition of a structure may be justified when, in the opinion of the Commission, the
proposed new development with which it will be replaced is of greater significance to the
preservation of the area than retention of the existing structure. This will only be the case
when the structure to be demolished is not of material significance, the loss of the structure
will have minimal effect on the historic character of the area, and the new development will
be compatible, appropriate and beneficial to the area.
To afford the Commission the ability to consider demolition on the basis of replacement
development, the applicant shall submit the following information as required by the
Commission or its staff:
1. Proposed elevations and floor plans.
2. A scaled streetscape drawing showing the new development in its context (usually
including at least two buildings on either side).
3. A site plan showing the structure(s) to be demolished and the new development.
4. A written description of the new development.
5. A time schedule for construction and evidence that the new construction will occur.
6. Any other information which would assist the Commission in determining the
appropriateness of the new development and its value relative to the existing structure(s).
Infill Construction
An individually designated historic building demonstrates a higher level of significance.
Designing an addition or new construction within the historic district will require a higher
level of scrutiny by the Commission to ensure the historic building retains its individual
significance. One of the purposes of design review is to ensure that any negative visual
impact of new construction is eliminated or minimized. In the best situation, new construction
20
can aid in the understanding of the district. Aspirations for new construction in a historic
district are:
1. To maintain the character of the district;
2. To reinforce the integrity of the district;
3. Not to impede the sense of time and place created by the district.
The basic test for any new construction, both additions and infill structures is: How does the
project affect the ability to perceive the district’s sense of time and place? A new building
that hinders this perception is unacceptable. It is generally the policy of the Carmel Historic
Preservation Commission that contemporary and compatible new design is preferred to
overly replicative design. Respecting the characteristics of the district is more important
than replicating its architectural form.
SIZE AND SCALE
The overall mass of a new building or addition should convey a sense of human scale. A
new building will be respectful of the current size and scale of the historic building(s) within
the district. New construction shall appear similar in height and width to the historic building
and maintain the current views of the house. New construction should not overpower any of
the existing historic buildings on the site. New accessory structures on the site shall not be
taller than the house.
ROOFLINE
The roofline of any new construction in the district should match as closely as possible the
gabled form and pitch of the roof of the house.
MATERIALS
Exterior materials used on new construction should be the same as those found on the
historic house, namely stone. Materials should be used in the design such that the new
construction is distinguishable from the old but still visually compatible with the historic
structure(s) in the district.
DOORS AND WINDOWS
Doors and windows in new construction should be compatible with doors and windows of
existing historic structures on the site in terms of size, scale, proportion, materials, spacing,
and orientation.
21
GUIDELINES FOR ADDITIONS
Additions are permitted on the north side of the house, provided that they are designed
according to the above guidelines for infill construction. No enclosed additions on the south,
east, or west sides shall be permitted, but the guidelines allow for the addition of a porch or
terrace on the east side. Additions must be compatible in character (both design and materials)
with the existing house. The roof of any new construction should be of the same pitch as the
roof on the original house.
SITE DEVELOPMENT AND LANDSCAPING
Walls and Fences:
No specific stipulations for the construction of new walls or fences are set forth in these
guidelines. Owners of the property shall follow all other City regulations and permitting
requirements pertaining to walls and fences. However, it is encouraged that historic
stone retaining walls surrounding landscaping beds be preserved.
Trees and Landscaping
RECOMMENDED:
1. Mature trees shall be protected and retained. A mature tree shall be defined as follows:
a) a shade tree with a trunk at least 12-inches in diameter,
b) an ornamental tree with a trunk at least 4-inches in diameter or fifteen feet in
height, or
c) an evergreen tree with a trunk at least 8-inches in diameter or fifteen feet in height.
2. Landscaping in front of house apart from trees may be removed and replaced as
desired, as long as it does not obscure the visibility of historic facades from the public
right of way.
NOT RECOMMENDED:
1. Removal of mature trees.
2. Removal of other existing landscape features without prompt replacement of those
features with similar elements.
Subdivision
Subdivision of the existing property is discouraged under the guidelines, as the existing size of
the parcel is essential to the character of the property. Any proposal to subdivide the property
shall require a Certificate of Appropriateness.
22
RECOMMENDED:
1. Maintaining existing size of parcels and boundaries
NOT RECOMMENDED:
1. Subdividing the existing parcels into smaller properties
Walkways and Automobile Areas
RECOMMENDED:
1. Changes to the course of walkways and driveways are not restricted under the design
guidelines, but it is suggested that any paving material be compatible with the historic
character of the district.
NOT RECOMMENDED:
1. Significant increases in the surface area of the district covered by pavement.
PUBLIC INFRASTRUCTURE
EXEMPT FROM REVIEW AND APPROVAL
(No Certificate of Appropriateness (COA) required):
Repaving of streets in the same manner and with the same materials
as existing. Replacement of existing light poles and fixtures with new ones to match.
RECOMMENDED:
1. Maintain the current configuration of streets and sidewalks.
23
2. New public street lights shall be compatible with the history of the historic area.
NOT RECOMMENDED:
1. Widening streets or sidewalks when there is a negative impact on the character of the
historic area.
24
APPENDIX I: PHOTOGRAPHS
Appendix 1, Figure 1: West façade
Appendix 1, Figure 2: North façade
25
Appendix 1, Figure 3: South façade
26
Appendix 1, Figure 4: East façade
27
Appendix 1, Figure 5: East façade
Appendix 1, Figure 6: Summer house
28
Appendix 1, Figure 7: Carriage house
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
SPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 12/8/2023 at 11:53 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE D-2697-23 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 9, ARTICLE 6, SECTIONS 9-224 AND 9-231(k) OF THE CARMEL 4 CITY CODE 5 6 Synopsis: Sets the monthly residential Solid Waste Removal and Recycling rate for the City of 7 Carmel from January 1, 2024 to December 31, 2030. 8 9 WHEREAS, Carmel Ordinance D-2053-11 established, subject to the control of the Carmel 10 Board of Public Works and Safety (the “Board”), the Division of Solid Waste (the “Division”) and 11
enabled it to exclusively provide Solid Waste Removal and Recycling services to City residents; 12 13 WHEREAS, the current agreement with the private contractor under which City Residential 14 Solid Waste Removal and Recycling services are been provided expires on December 31, 2023; 15 16 WHEREAS, in order to obtain the most competitive prices for Carmel residents and pursuant to 17
Indiana Code § 36-9-30-5 and Carmel City Code Section 9-228, the Carmel Board of Public Works and 18 Safety (the “Board”) solicited bids from private contractors for Residential Solid Waste Removal and 19 Recycling services to begin on January 1, 2024; 20 21
WHEREAS, the sealed bids to provide Residential Solid Waste Removal and Recycling 22 Services were opened at the Board meeting on October 4, 2023; 23 24 WHEREAS, Republic Services was the lowest responsive and responsible bidder; 25 26 WHEREAS, the Board shall execute a contract with Republic Services to exclusively provide 27
Solid Waste Removal and Recycling services to City residents; and 28 29 WHEREAS, it is in the interest of public health, safety and welfare to set the rates for 30 Residential Solid Waste Removal and Recycling services beginning on January 1, 2024. 31
32 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 33 Indiana, as follows: 34
35 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 36 37 Section 2. Chapter 9, Article 5, Section 9-224 of the Carmel City Code shall be and the same is 38 hereby amended to read as follows: 39 40 “9-224 Effective Date of Service 41
The charges fixed by this Article shall become effective against a residential unit on 42
January 1. All residential units shall be subject to the charges on January 1, 202417, 43 subject to the provisions of § 9-226 below.” 44 45 Ordinance D-2697-23 46
Page One of Three 47
SPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 12/8/2023 at 11:53 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
Section 3. Chapter 9, Article 5, Section 9-226(k) of the Carmel City Code shall be and the same 48 is hereby amended to read as follows: 49
50 “(k) Rates and charges. Customers shall pay the rates and charges per month as follows: 51 52
202417 202518 202619 20270 20281 20292 203023
$14.7011.18 $15.3511.51 $16.0311.85 $16.7412.20 $17.4812.56 $18.2512.93 $19.0713.31
53 Section 4. The remaining sections of Carmel City Code Chapter 9, Article 5 are not affected by 54
this Ordinance and shall remain in full force and effect. 55
56 Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 57 invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 58 enforcement of same can be given the same effect. 59
60
Section 6. This Ordinance shall be in full force and effect from and after its passage and signing 61 by the Mayor. 62 63 64
65 66 67 68 69 70
71 72 73 74
75 76 77 78 79 80
81 82 83 84
85
86 87 88 Ordinance D-2697-23 89 Page Two of Three 90
91
SPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 12/8/2023 at 11:53 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 92 2023, by a vote of _____ ayes and _____ nays. 93
94 COMMON COUNCIL FOR THE CITY OF CARMEL 95 96 97
___________________________________ 98
Jeff Worrell, President Laura Campbell, Vice-President 99 100 ___________________________________ ____________________________________ 101 Kevin Rider Sue Finkam 102 103
___________________________________ ____________________________________ 104 Anthony Green Adam Aasen 105 106 ___________________________________ ___________________________________ 107
Tim Hannon Miles Nelson 108
109 ___________________________________ 110 Teresa Ayers 111 112 ATTEST: 113
114 __________________________________ 115 Sue Wolfgang, Clerk 116 117
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 118
_________________________ 2023, at _______ __.M. 119 120 ____________________________________ 121 Sue Wolfgang, Clerk 122 123
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 124 ________________________ 2023, at _______ __.M. 125 126 ____________________________________ 127
James Brainard, Mayor 128
ATTEST: 129 130 ___________________________________ 131 Sue Wolfgang, Clerk 132 133
Ordinance D-2697-23 134 Page Three of Three 135 136