HomeMy WebLinkAbout07.01.24 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, JULY 1, 2024 – 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1. CALL TO ORDER 2. AGENDA APPROVAL
3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8. CONSENT AGENDA a. Approval of Minutes 1. June 17, 2024 Executive Session
2. June 17, 2024 Regular Meeting b. Claims 1. General Claims - $3,647,511.82 and $18,271.69 (Purchase Card)
2. Retirement - $110,204.16 9. ACTION ON MAYORAL VETOES 10. COMMITTEE REPORTS
a. Finance, Utilities and Rules Committee b. Land Use and Special Studies Committee c. All reports designated by the Chair to qualify for placement under this category.
11. OTHER REPORTS – (at the first meeting of the month specified below): a. Carmel Redevelopment Commission (Monthly) b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October) c. Audit Committee (Bi-annual – May, October)
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)
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h. Ethics Board (Annual – February) i. Parks Department (Quarterly – February, May, August, November)
j. Climate Action Advisory Committee (Quarterly – March, June, September, December)
k. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS
a. Thirteenth 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 and Aasen. Remains in the Finance, Utilities and Rules Committee.
Synopsis:
Establishes a speed limit of 20 miles per hour within roundabouts. b. Second Reading of Ordinance Z-690-24; An Ordinance establishing Non-Dwelling Short Term Rental Use-Specific Standards and Definitions in the Unified Development
Ordinance; Sponsor(s): Councilor(s) Worrell and Minnaar. Returns from the Land Use and Special Studies Committee. Synopsis: This ordinance establishes non-dwelling short-term rental use-specific standards to address
pool, backyard, accessory buildings, and other structures or facilities rentals.
13. NEW BUSINESS a. First Reading of Ordinance D-2715-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 2, Section 2-4 of the Carmel City
Code; Sponsor: Aasen Synopsis: Ordinance amending the Board of Public Works and Safety membership rules.
b. First Reading of Ordinance D-2716-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 5, Article 1, Section 5-3(b)(2) of the Carmel City Code; Sponsor(s): Worrell, Snyder and Aasen
Synopsis: Ordinance amending alcohol prohibition on certain sections of the Monon Greenway. c. First Reading of Ordinance D-2718-24; An Ordinance of the Common Council of the City of Carmel, Indiana, establishing a designated outdoor refreshment area; Sponsor(s):
Councilor(s) Worrell, Snyder, Aasen Synopsis: Ordinance establishes a designated outdoor refreshment area in the City’s central core
pursuant to Indiana Code § 7.1-3-31.
14. AGENDA ADD-ON ITEMS
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15. OTHER BUSINESS
a. Petition to Hamilton County Drainage Board for Vernon Asher Drain 16. ANNOUNCEMENTS 17. ADJOURNMENT
COMMON COUNCIL 1
MEETING MINUTES 2
EXECUTIVE SESSION 3 MONDAY, JUNE 17, 2024 – 5:00 P.M. 4
CAUCUS ROOM/CITY HALL/ONE CIVIC SQUARE 5
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MEETING CALLED TO ORDER 7
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Council President Anthony Green; Council Members: Adam Aasen, Jeff Worrell, Ryan Locke, 9 Rich Taylor, Teresa Ayers, Matthew Snyder, Anita Joshi and Shannon Minnaar were present. 10 Also present were Samantha Karn, Corporation Counsel for the City of Carmel, Ted Nolting, 11 Kroger Gardis & Regas acting as Counsel for the Carmel City Council, Mayor Sue Finkam and 12
City Clerk Jacob Quinn. 13
14 There was a quorum present and the meeting was called to order at 5:03 p.m. 15 16 DISCUSSION 17
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1. Per Indiana Code § 5-14-1.5-6.1(b)(2)(B), strategy regarding pending and threatened 19 litigation were discussed. 20 21 ADJOURNMENT 22
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1. The meeting was adjourned at 5:48 p.m. 24 25 CERTIFICATION 26 27
The Carmel Common Council and Carmel City Clerk hereby certify that no subject matter was 28
discussed in the executive session other than pending and threatened litigation as specified in the 29 public notice. 30 31
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COMMON COUNCIL 1
MEETING MINUTES 2
MONDAY, JUNE 17, 2024 – 6:00 P.M. 3
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 4
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MEETING CALLED TO ORDER 6 7 Council President Anthony Green; Council Vice-President Adam Aasen; Council Members: Jeff Worrell, 8 Ryan Locke, Rich Taylor, Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon Minnaar and Deputy Clerk 9 Jessica Komp were present. 10
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Council President Green called the meeting to order at 6:03 p.m. 12 13 AGENDA APPROVAL 14 15
The agenda was approved unanimously. 16
17 INVOCATION 18 19 Pastor John Newton, Northview Church, delivered the Invocation. 20
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Prairie Trace Elementary 5th grader David Bukovac led the pledge of allegiance. 22 23 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 24 25
There were none. 26
27 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 28 29 Bruce Shire of Hunters Glen Condominums wished to express his gratitude to the Council, to Buckingham 30
Companies, and to Henry Mestetsky for their willingness to cooperate and work together to help achieve a 31
favorable result for the Gramercy project. 32 33 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 34 35
Councilor Joshi introduced Dr. Umayr Raza Shaikh. Dr. Shaikh spoke about a project that he is working on 36
with the Carmel Clay Parks and Recreation Department and City Councilor Dr. Anita Joshi, called Practice 37 Safe Skin. This initiative aims to mitigate the impact of melanoma by placing ten sunscreen dispensers at the 38 splash pads throughout Carmel. 39 40
David Bukovac gave the Mayor’s update to Council. The Mayor reports that the U.S. Olympic Team Trials 41
have begun in Indianapolis. We have 14 swimmers from Carmel Swim Club who have qualified for the 42 trials, and one swimmer, Aaron Shackell, that has already qualified for the Olympic games in Paris in July. 43 We have temporarily changed our city signs to say “SwimCity, USA”, to honor the fact that we grow 44 swimmers here. SwimCity t-shirts are available for purchase at All Things Carmel. The Mayor thanked the 45
Council for adding an ordinance to the agenda to create a new position for the city, Chief Infrastructure 46
Officer. This position will be important to create a long-term capital asset plan and to coordinate all 47 infrastructural activities. Lastly, our search for a new fire chief is underway, with over 30 talented applicants, 48 from here in Carmel to across the U.S. 49
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50 CONSENT AGENDA 51 52
Councilor Minnaar moved to approve the consent agenda. Councilor Aasen seconded. There was no 53
discussion. Council President Green called for the vote. The consent agenda was approved 9-0. 54 55 a. Approval of Minutes 56 57
1. June 3, 2024 Regular Meeting 58 59 b. Claims 60 61 1. Payroll - $3,704,921.14 62
2. General Claims - $3,829,978.08 63
3. Wire Transfers - $2,864,896.81 64 65 ACTION ON MAYORAL VETOES 66 67
There were none. 68
69 COMMITTEE REPORTS 70 71 Councilor Worrell reported that the Finance, Utilities and Rules Committee met on June 10th. The committee 72
has requested additional data from the Engineering department regarding the proposed ordinance for speed 73
limits within roundabouts (Ordinance D-2696-23). Speed studies will be conducted at 8-10 different 74 roundabouts to supply the needed data, so Councilor Worrell requested that this item stay in committee until 75 we have that additional data. Ordinance D-2710-24 returns from the Finance Committee tonight. The 76 property abatements were reviewed and all are in compliance. 77
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Councilor Snyder reported that the Land Use and Special Studies Committee met on June 5th to discuss the 79 first third of Article 7 of the Unified Development Ordinance. The committee will next meet on Wednesday, 80 June 26th, in the Board Room of the Carmel Clay Public Library at 5:30 p.m. to discuss the second third of 81 Article 7 of the UDO. 82
83 OTHER REPORTS 84 85 Michael Klitzing, Director of Carmel Clay Parks and Recreation, gave the quarterly report. Director Klitzing 86 recently served as the Accreditation Review Team Lead for the Commission for Accreditation of Park and 87
Recreation Agencies (CAPRA) at the U.S. Army Garrison Rheinland-Pfalz, in Kaiserslautern, Germany. 88
CCPL went through our own re-accreditation visit last week, and we highly anticipate receiving 89 reaccreditation at the end of October. We are a 2-time Gold Medal award winning agency, and we will be 90 eligible to be considered for a Gold Medal again in 2026. (Gold Medals can only be awarded every six 91 years.) Our oldest playground is at Founder’s Park, at less than 15 years old. Our Central Park playground at 92
Westermeier Commons is 10 years old, and the remaining playgrounds are four years old or less. It is a 93
priority to make sure all of our playgrounds include universal (inclusive) design principles. 94 We have installed fencing around Westermeier Commons to create controlled entry points and increase 95 safety. We have also installed fencing between the playgrounds and the parking lots at Carey Grove and 96 Inlow Parks to increase safety there as well. Accessible ramps to upper play elements also increase 97
accessibility. River Heritage Park has a Nature Trail with a rubberized surface. Overlooks have been 98
designed low enough so that railings are not required. This means that those in a wheelchair or stroller will 99 have an unobstructed view. River Heritage Park is also a beta-testing site for interpretive signage. 100
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Construction has begun on the new pedestrian bridge that is connecting Hazel Landing Park to Heritage Park 101 in Fishers. 102 103
Tony Reck, Chair of the Carmel Climate Action Advisory Committee, gave their quarterly report. The first 104
recommendation the CCAAC gave was to hire a Sustainability Coordinator. This individual would be able to 105 work on the tasks that the volunteer committee members do not have the time to complete, such as applying 106 for grants. The Committee has compiled a job description for this new role. Carmel Utilities now has the 107 capability to provide real-time usage data through new water meters. The treatment of our city water is not as 108
expensive as the movement of our water. It takes electricity to move the water, so by conserving water, we 109
are conserving electricity, which is the second biggest source of carbon emissions in the city. The committee 110 is working on a backyard composting program, talking to both Republic Services, and to neighboring 111 communities about their programs. Current initiatives include City Hall improvements to conserve water and 112 use green energy. The Monon Community Center just did a guaranteed energy savings study, to investigate 113
replacing the chillers, the dehumidification system, and HVAC. Duke Energy has proposed a 2024 rate 114
increase, by about 33%. Duke has not fulfilled their pledge to move away from coal-burning plants to 115 renewable energy. This rate increase will enable them to delay these actions even longer. The Mayor of 116 Westfield has already spoken out against this. The CCAAC asks the City Council to investigate how this rate 117 increase would impact the city of Carmel’s ability to reach its climate action goals. 118
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Councilor Aasen asked if there has been a salary proposed for the role of Sustainability Coordinator. Mr. 120 Reck responded that there has not yet. Councilor Aasen stated that it seems the CCAAC has created a new 121 climate plan, different than the original plan that was created by Council for the committee to address. Mr. 122 Reck responded that everything recommended tonight is in line with the original plan, but the committee’s 123
hands are tied in having the time and manpower to achieve these goals without filling the role of a 124
Sustainability Coordinator. Councilor Locke, a member of the CCAAC, stated that from the original plan, 125 the committee narrowed it down to seven key goals to focus on. The committee is relying on the members 126 from city departments to report back on what the different departments are doing to focus on these goals, and 127 that is what is being reported on now. Councilor Taylor stated that the guaranteed energy savings study is not 128
just an environmental stewardship item, but it is also fiscally responsible, by being able to pay for 129
improvements with the savings that are generated by the improvements implemented, and not by tax dollars. 130 These kinds of programs can help us achieve our environmental goals without hiring a specific person. Mr. 131 Reck responded that the city would still need a person to aggregate the data and load it up to the dashboard, 132 measuring it against our goals on a continuous basis. When this committee started, we had interns doing this 133
work, but we no longer do. Councilor Snyder commented that it seems everything is contingent on hiring a 134
Sustainability Coordinator, so if we don’t get that person hired, how does the committee go forward towards 135 its goals? Mr. Reck stated that everything is not contingent on this position, but it is more difficult to work 136 towards the stated goals without that person, and it will take much longer. The discussion wrapped up with 137 Councilor Locke inviting other members of Council to attend a CCAAC meeting to better understand what 138
the committee is working on. 139
140 Adrienne Keeling, Planning Administrator for the Department of Community Services, introduced Joe 141 Nickol of Yard & Co. to give an update on the upcoming Home Place and US 31 Corridor Plans. Joe shared 142 that this week begins the process of working on the sub-area plans for both of these areas. For Home Place, 143
the goal is to provide a planning process that establishes the community’s vision and goals for the future of 144
the area, leaning into the community’s sense of place to guide future decision-making, while building 145 ownership and excitement for the outcomes of the plan and neighborhood branding. We will be working on a 146 neighborhood master plan and sub area plan, a neighborhood brand, and a short film about the neighborhood. 147 In the week ahead, there will be a volunteer orientation, a Greater Home Place Neighborhood Association 148
meeting, and a community cookout, just to name a few events. The US 31 Corridor Sub Area Plan was then 149
introduced by Mr. Nickol. The planning context includes the 2020 Carmel Transit Study, the 2020 US 31 150 Corridor Future Development Plan, the 2022 Comprehensive Plan, the 2023 City of Carmel Positioning 151
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Strategy, and various site plan submittals that have been made over the last decade. Focus group and 152 stakeholder meetings start this week. In the months to come, we will draft options for zoning update 153 recommendations, produce illustrations to depict refined recommendations, and format the US-31 subarea 154
plan. 155
156 OLD BUSINESS 157 158 Council President Green announced the twelfth reading of Ordinance D-2696-23; An Ordinance of the 159
Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel 160
City Code; Sponsor(s): Councilor(s) Worrell and Aasen. This remains in the Finance, Utilities and Rules 161 Committee. (Next Meeting 7/9/24) 162 163 Council President Green announced the fifth reading of Ordinance D-2710-24; An Ordinance of the 164
Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax 165
Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and Approving Other Actions 166 in Respect Thereto; Sponsor: Councilor Aasen. This item returns from the Finance, Utilities and Rules 167 Committee with a positive recommendation, 3-1. (Worrell opposed.) The Land Use Committee gave a 168 unanimous positive recommendation. Henry Mestetsky, Director of the Carmel Redevelopment Commission, 169
spoke to Council about this item and the process of conversations with all interested parties to work through 170
some specifics of the project. Council President Green asked if Director Mestetsky could detail the changes 171 made to the proposed project between its original introduction back in 2023, and the version that is being 172 considered right now. Director Mestetsky replied that Buckingham has reduced the multi-family by about 173 250 units, added 63 more for-sale townhomes, and brought back in 104 age-targeted (55+) multi-family 174
dwellings. More green space was also added. Councilor Worrell spoke up about why his vote was no. He 175
stated that he could not vote to incentivize a project of this size without the benefit of the findings of the 176 Mayor’s Housing Task Force, out of respect for the citizens that he represents. Councilor Taylor spoke about 177 his belief that this project will provide some of the “missing middle” that the Carmel housing market is 178 lacking. He stated that the high TIF split is directly related to the reduction in the number of dwellings that 179
Buckingham agreed to. Councilor Snyder spoke about the cooperation between all parties through the 180
process of changing and refining this project. He stated that he couldn’t think of a better place to build new 181 apartments than in an already existing apartment complex. Councilor Ayers asked when the age-targeted 182 dwellings would be built, and the response was that those would start in 2026, as part of the townhouse phase 183 of Area G, with a projected completion date of mid or late 2027. Councilor Aasen moved to approve. 184
Councilor Snyder seconded. There was no further discussion. Council President Green called for the vote. 185 Ordinance D-2710-24 approved 7-2. (Worrell and Ayers opposed.) 186 187 PUBLIC HEARINGS 188 189
Council President Green announced the first reading of Ordinance Z-690-24; An Ordinance establishing Non-190
Dwelling Short Term Rental Use-Specific Standards and Definitions in the Unified Development Ordinance; 191 Sponsor(s): Councilor(s) Worrell and Minnaar. Councilor Minnaar moved to introduce the item into business. 192 Councilor Worrell seconded. Councilor Worrell presented the item to Council. Adrienne Keeling explained 193 the definition of a short-term non-dwelling rental. The approval process proposed a one-year special exception 194
approval by a BZA Hearing Officer that involves adding a fee in the UDO. 195
196 President Green started the public hearing at 8:07 p.m. Dee Fox spoke to Council in favor of this ordinance, 197 as it seeks to protect residents from the negative impact of neighbors renting out their pools and other 198 backyard structures. This intent is to protect the quality of life of residents and quiet enjoyment of property 199
as well as to conserve property values in residential districts. Seeing no one else who wished to speak, 200
Council President Green closed the public hearing at 8:09 p.m. Councilor Aasen asked if this type of non-201 dwelling short-term rental was restricted to the specific dates that short-term rentals are already restricted to. 202
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Ms. Keeling stated that the date-specific language is not in this ordinance but could be added. Councilor 203 Joshi asked if the language of this ordinance is strong enough to make it enforceable, and Ms. Keeling stated 204 that it was. Council President Green then sent this item to the Land Use and Special Studies Committee for 205
further review. 206
207 Council President Green announced the first reading of Ordinance Z-691-24; An Ordinance of the Common 208 Council of the City of Carmel, Indiana, Amending the Jackson’s Grant Village Planned Unit Development 209 District (Ordinance Z-653-20); Sponsor(s): Councilor(s) Minnaar and Green. Councilor Minnaar moved to 210
introduce the item into business. Councilor Joshi seconded. Councilor Minnaar presented the item to 211
Council. Ashley Ulbricht of Taft Law presented on behalf of the petitioner, Air Alchemist, LLC. Ms. 212 Ulbricht stated that the rapid growth of our city’s population warrants the addition of a high-quality daycare, 213 as is being proposed with this ordinance. Ms. Ulbricht stated that the daycare would be placed within the 214 already approved commercial node of Jackson’s Grant Village and would provide trail connectivity in that 215
area. The Jackson’s Grant Village Planned Unit Development was approved on August 17th, 2020, but did 216
not include the Cunningham Parcel, which is 1.8 acres, currently zoned S-2. The request is to rezone this 217 parcel from S-2 into JGV PUD. This would provide additional land, additional townhomes, drive and path 218 connectivity, a new commercial building for a daycare, and additional parking. According to the existing 219 PUD, commercial buildings are capped at 7,500 square feet, so a daycare would not be possible without this 220
amendment, allowing a larger commercial building. 221
222 Councilor Locke asked for clarification on the square footage that would be added to the existing 20,000 223 approved for commercial use. Del DeMao of Air Alchemist responded that the ask is for 10,000 square feet 224 of additional commercial space. Councilor Aasen stated that he was on the Council when the original PUD 225
was approved, and he voted yes based on the restrictions that were put in place, such as the limiting of 226
individual businesses to no more than 7,500 square feet each. For this reason, Councilor Aasen felt that he 227 could not vote yes on this amendment, as it would be breaking a promise he had made to the neighbors of 228 this development. He also asked if there is a “Plan B” for this parcel, if this plan is not approved. Councilor 229 Joshi stated that perhaps a compromise can be made that will satisfy both older families that would like to 230
see their neighborhood preserved, and younger families who would benefit from a daycare in this location. 231
Mike Hollibaugh, Director of Community Services, stated that this proposal came to the Plan Commission as 232 a stand-alone daycare to be built on the Cunningham parcel, and it made sense to integrate that parcel into 233 the existing PUD. Councilor Snyder stated that there actually isn’t a need for another daycare in Carmel, as 234 none of the current daycares are operating at capacity. He also asked if there is a Plan B. Mr. DeMao stated 235
that they are ready to work on a Plan B, as they feel there is a need for this service, specifically for the area 236
of Carmel that is west of US 31, where the population continues to grow. But as of today, there have been no 237 plans engineered for an alternative option. Councilor Worrell stated that he could not vote for this plan, or 238 for any alternative plan that might be presented, as it would violate the promise he made to the neighbors of 239 Jackson’s Grant Village when he approved the PUD back in 2020. Councilor Minnaar stated that the work 240
done on this item in Plan Commission was very thorough, but they could not come to a resolution that the 241
entire commission could agree upon. The addition of more total commercial space, plus the request for a 242 larger building than was originally approved would break the promise made to the homeowners. Councilor 243 Taylor stated that he also agrees with the sentiments expressed by Councilors Worrell and Minnaar, and if 244 this item does not get sent to committee, he will vote no on it tonight. 245
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Council President Green then started the public hearing at 8:54 p.m. Nancy Barnes, resident of Jackson’s 247 Grant since 2016, spoke to the Council in opposition to this ordinance. Nancy stated that as a homeowner, 248 she was promised in 2020 that the commercial node would not grow any larger, and that any businesses 249 would remain small. Paul Morrison, President of the Jackson’s Grant HOA, also spoke in opposition to this 250
amendment. Mr. Morrison does not believe that the traffic studies support such an expansion, as the studies 251
already misrepresent how difficult it is, if not dangerous, to make a left-hand turn onto 116th Street during 252 peak hours. The access road is too close to the roundabout. He also stated that public safety should not 253
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outweigh the financial interests of developers. Jill Meisenheimer spoke against the amendment as well. She 254 feels that there should not be an expansion of the commercial node over the currently approved 20,000 255 square feet. She believes this parcel should be used to provide more of the “missing middle” housing, or as 256
amenities for the Jackson’s Grant residents. Dee Fox spoke in opposition to the amendment. Ms. Fox wanted 257
to go on the record to state that it is very important that city and developer assurances and commitments that 258 are made to neighbors be upheld. Courtney Kanzinger stated that she was ready to speak about the daycare 259 being a great thing, but she can see now that this is an argument about residential versus commercial. Ms. 260 Kanzinger is concerned about what is going to happen to the Cunningham parcel if this ordinance does not 261
get passed. She also stated that the voices that are being heard represent a skewed view of people who don’t 262
want a daycare because those are the people who have the time and resources to be here. Gerry Kirk spoke to 263 Council about this area being largely occupied by empty-nesters, so there won’t be a need for daycare right 264 there. Doug Morris stated that there are little children living in his area of Jackson’s Grant, as well as visiting 265 grandchildren. But there are no sidewalks, so the kids ride their bikes in the streets within the neighborhood, 266
and turning that street into a commercial drive will not be safe for the children. Mr. Morris believes this has 267
all been a waste of time and resources, because this violates what was already agreed to. David Francis stated 268 that this is a credibility issue, and that the Council must stand by what it has already agreed to. Mr. Francis 269 sees this amendment as creating a traffic nightmare. He also believes that IU Health will develop nearby 270 land soon, further adding to the traffic load. Seeing no one else who wished to speak, Council President 271
Green closed the public hearing at 9:15 p.m. 272
273 Councilor Aasen stated that it would be a rush to come up with a new plan prior to the August 23rd deadline. 274 Councilor Aasen said he would be ready to act tonight. Councilor Taylor echoed his readiness to act tonight. 275 He stated that Republic knew the commitments that had been made when they attempted to do a land swap 276
with Air Alchemist. Councilor Joshi stated that she wants the neighbors to know that her intention was not to 277
not listen to their concerns. Councilor Joshi believes that a service such as a daycare differs greatly from a 278 retail establishment, and that was the intention behind her process of fully evaluating this issue. She stated 279 that it is important to stand by the commitments that have been made to the neighbors, and that she is sorry 280 that Republic put the petitioner and the residents through this process. Councilor Taylor made a motion to 281
suspend the rules and act on this tonight. Councilor Aasen seconded the motion. There was no discussion. 282
Council President Green called for the vote. Motion to suspend the rules approved 9-0. Councilor Aasen 283 made a motion to approve. Councilor Snyder seconded. There was no discussion. Council President Green 284 called for the vote. Ordinance Z-691-24 failed 9-0. 285 286
AGENDA ADD-ON ITEMS 287 288 Councilor Taylor made a motion to add Ordinance D-2717-24 to the agenda, which amends the 2024 Salary 289 Ordinance. Councilor Snyder seconded. There was no discussion. Council President Green called for the 290 vote. Motion to add Ordinance D-2717-24 to the agenda approved 9-0. Councilor Taylor made a motion to 291
introduce the item into business. Councilor Joshi seconded. Councilor Ayers introduced the item to Council. 292
Corporation Counsel Samantha Karn explained that this amendment would add the position of Chief 293 Infrastructure Officer, and this role would oversee the Engineering, Street and Utilities Departments. Jeremy 294 Kashman, City Engineer, would be promoted to this position. Ms. Karn also stated that this position would 295 be supported by the current 2024 Engineering Department budget. Councilor Locke asked about the process 296
of filling some of the current open positions within the Engineering Department. Jeremy Kashman stated that 297
those positions have been open, but the right candidates have not yet been found, as those positions are hard 298 to fill in a very competitive market. Councilor Aasen moved to suspend the rules and act on this tonight. 299 Councilor Snyder seconded. There was no discussion. Council President Green called for the vote. Motion to 300 suspend the rules approved 9-0. Councilor Aasen made a motion to approve. Councilor Snyder seconded. 301
Councilor Snyder stated that this new position helps move us from the mid-size community we have been for 302
many years, to the large community we are now. Other cities our size have someone in a Chief Infrastructure 303 Officer role, and Jeremy Kashman is uniquely qualified to fill this role for the City of Carmel, as he is the 304
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best City Engineer in the State of Indiana. Councilor Snyder stated he fully supports this move. Councilor 305 Taylor stated that Mr. Kashman was also the Project Manager for the company that was responsible for the 306 Keystone project. There was no further discussion. Council President Green called for the vote. Ordinance 307
D-2714-24 approved 9-0. 308
309 OTHER BUSINESS 310 311 Property Abatements/Compliance with Statement of Benefits 312
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1. Midcontinent Independent System Operator, Inc. (MISO) 314 2. Progressive Insurance Company (fka Protective Insurance Company/Baldwin & Lyons) 315 3. Schlage Lock Company, LLC 316 4. ZP Investments, LLC and Zotec Partners, LLC 317
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The Finance, Utilities and Rules Committee found all four of these companies to be in compliance with their 319 agreements with the City. 320 321 Petition to Hamilton County Drainage Board for Vernon Asher Drain 322
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This item was held over until the next City Council meeting, July 1, 2024. 324 325 ANNOUNCEMENTS 326 327
There were none. 328
329 ADJOURNMENT 330 331 Council President Green adjourned the meeting at 9:31 p.m. 332
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Respectfully Submitted, 334 335 _______________________________ 336 Jacob Quinn, Clerk 337
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339 Approved, 340 341 342
_______________________________ 343 ATTEST: Anthony Green, Council President 344 345 346 _______________________________ 347
Jacob Quinn, Clerk 348
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 1
CITY COUNCIL JULY 2024 REPORT REPORTING ON MAY 2024 FINANCES JUNE 2024 ACTIVITIES
STRATEGIC HIGHLIGHTS
• Construction progressing on the following projects: o Mélange
o The Signature
o First on Main o Magnolia o The Muse (The Corner)
o The Wren
o The Windsor o Republic Airways (Hamilton Crossing)
o Proscenium II
o North End
o The LOR/1933 Lounge Project o Lexington & Main Roundabout Art
• 1st on Main Dedication Ceremony
FINANCIAL SNAPSHOT
May Beginning Balance $ 7,542,143.56
May Revenues $ 116,476.40
May Transfers $ (7,069.60)
May Expenditures $ 385,869.80
May ending Balance Without Reserve Funds $ 7,265,680.56
Supplemental Reserve Fund $ 4,277,846
City Center Bond Reserve $ 404,390
Midtown Bond Reserve $ 815,381
Midtown West Bond Reserve $ 592,442
Urban Parks Fund $ 1,818,044
May Balance With Reserve Funds $ 15,173,783
FINANCIAL STATEMENT
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 2
Financial Statement
MAY MONTH-END FINANCIAL BALANCE
Ending Balance without Restricted Funds $ 7,265,680
Ending Balance with Restricted Funds $ 15,173,783
SUMMARY OF CASH For the Month Ending May 2024
DESCRIPTION ACTUAL
MONTHLY
PROJECTION VARIANCE
Cash Balance 5/1/24
1101 Cash $ 5,821,977.46 $ 5,821,977.46 -
1110 TIF $ 1,720,166.10 $ 1,720,166.10 -
Total Cash $ 7,542,143.56 $ 7,542,143.56 -
Receipts
1101 Cash $ 116,476.40 $ 71,262.38 $ 45,214.02
1110 TIF $ - $ - $ -
Developer Payments $ - $ - $ -
Transfers to Reserves (TIF) $ - $ - $ -
Transfers to Reserves (non-TIF) $ (7,069.60) $ 38,144.40 $ (45,214.00)
Transfer to SRF $ - $ - $ -
Total Receipts $ 109,406.80 $ 109,406.78 $ 0.02
Disbursements
1101 Cash $ 385,869.80 $ 213,367.68 $ (172,502.12)
1110 TIF $ - $ - $ -
Total Disbursements $ 385,869.80 $ 213,367.68 $ (172,502.12)
1101 Cash $ 5,545,514.46 $ 5,718,016.56 $ (172,502.10)
1110 TIF $ 1,720,166.10 $ 1,720,166.10 $ -
Cash Balance 5/31/24 $ 7,265,680.56 $ 7,438,182.66 $ (172,502.10)
Total Usable Funds $ 7,265,680.56 $ 7,438,182.66 $ (172,502.10)
($2,000,000.00)$0.00$2,000,000.00$4,000,000.00$6,000,000.00$8,000,000.00
MAY
MONTH END BALANCE
Actual Budget Variance
FINANCIAL STATEMENT
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 3
FUND BALANCES AND OUTSTANDING RECEIVABLES As of month-end May 2024
RESTRICTED FUNDS
Supplemental Reserve Fund $ 4,277,846
City Center Bond Reserve $ 404,390
Midtown Bond Reserve $ 815,381
Midtown West Bond Reserve $ 592,442
Urban Parks Fund $ 1,818,044
Sub-total: $ 7,908,103 UNRESTRICTED FUNDS
TIF $ 1,720,166 Non TIF $ 5,545,514
Sub-total: $ 7,265,681
Total Funds $ 15,173,783
OUTSTANDING RECEIVABLES
N/A $ -
TOTAL OUTSTANDING RECEIVABLES $ -
STATEMENT OF CHANGES IN EQUITY
MONTH END: MAY 2024
DESCRIPTION REVENUE EXPENSES
Total Receipts (TIF) $ -
Total Receipts (Non-TIF) $ 109,406.80
Expenditures (TIF) -
Expenditures (Non-TIF) $ 385,869.80
FINANCIAL UPDATE
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 4
Financial Update
TIF REVENUE AND DEBT Estimated 2024 TIF revenue and PIATT payments available for CRC use is $33,636,213.
$- $10,000,000 $20,000,000 $30,000,000 $40,000,000
20
1
8
20
1
9
20
2
0
20
2
1
20
2
2
20
2
3
TIF RevenueDebt Service
DEBT PAYMENTS
Month Payment
June 2024 $16,550,975
December 2024 $16,549,798
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 5
Project Updates
CITY CENTER Developer Partner: Pedcor Companies Allocation Area: City Center Use: Mixed-Use Project Summary: Mixed Use development, multiple buildings
Figure 1 City Center Master Plan, provided by Pedcor City Center Development Company
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 6
1) Project Status – (changes noted below.) CRC Contract Amounts: City Center Bond: $ 16,214,875.00 2016 TIF Bond: $ 2,598,314.00 (5th Floor of Park East garage) Site Construction Contract Amounts: $1,442,962 – Smock Fansler, contractor - Complete Veterans Way Extension Project Amounts: $3,403,000 – Hagerman, contractor – Complete Parcel 73 Site work: $149,600 – Smock Fansler, contractor
PROJECT USE PROJECT
DATES
DESIGN RENDERINGS PROVIDED BY PEDCOR
Veterans
Way Garage
A five-story parking structure with 735 parking spaces
Open to the public on 9/22/17
Completed in May 2017 Contract Amt. $13,954,683
Baldwin/ Chambers A four-story building, of approximately 64,000 square feet, which will include luxury apartments and commercial retail/ office space. Approx. 26 Apartments Hagerman is the contractor.
Completed in June 2018
Pedcor Office 5 A two-story building, of approximately 20,000 square feet, which will include office space.
Start: Fall 2015 Completed Q4 2017
Tenants have moved into the new building
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 7
Kent A three-story building, of approximately 111,000 square feet of luxury apartments. Site drawings were approved by the CRC Architectural Committee.
Start: Summer 2018 Complete: June 2021
Site Construction – Start: Spring 2018 Site Work Awarded – Spring 2018 Building Construction – Start: Summer 2018 Building Complete June 2021 - Pool and Site work is still under construction
Hamilton (Park East
commercial/residential buildings
Hamilton East: 5 ground floor residential two-story townhomes; 7,954 SF of ground floor commercial space Hamilton West: 13,992 SF of ground floor commercial space
Start: Summer 2018
Hamilton East - Construction commenced: Summer 2018, completed Summer 2019 Hamilton West – Construction commenced: Summer 2020, currently under construction
Playfair and
Holland
A five-story building, of approximately 178,000 square feet, which will include 112 luxury apartments and commercial retail/office space.
Start: September 2019 Complete: Spring 2022 Approx. 112 Apartments
Windsor A four-story building, of approximately 64,000 square feet. Start: Summer 2022 Complete: May/June 2024
June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 8
Wren A six-story building of approximately 157,000 square feet, which will include luxury apartments and commercial office/retail space.
Start: Summer 2020 Complete: June 2024
Currently under construction
Note: All completion dates indicated above are per the Completion Guaranties executed between the CRC and Pedcor. Should Pedcor miss these dates they are obligated to cover the debt obligations. 2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
3) CRC Commitments An overview of commitments has been uploaded to the CRC website. Most significantly, the CRC committed to publicly bid a four-story parking garage with not less than 620 parking spaces which has been completed and is available for public use. The CRC also commits to coordinate any significant site plan changes requested by Pedcor with City Council.
June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 9
PROSCENIUM 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: 126th Street 3) Project Summary: Mixed-use development, multiple buildings. 1) 197 Apartments; 22 for-sale condos 2) Approx. 140,000 SF of office and retail space 3) Approx. 450 parking spaces (public and private) Total project budget: $60,000,000 4) Anticipated Project Schedule Design Start 2016 Construction Start 2018 Construction Complete 2022 Tavern Construction Start Estimated Fall 2023 Tavern Construction Complete Estimated 5) Construction Milestones: Construction is complete. Construction of the Tavern estimated to begin fall 2023. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made.
September 2022
September 2022
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 10
The City will be relocating and burying Duke Energy’s transmission line and completing road improvements adjacent to the development.
MELANGE 1)Developer Partner(s): Onyx + East 2)Economic Development Area: Firehouse 3)Project Summary: 45 for-sale townhomes and approximately 12 for-sale flats 4)Total project budget: $30,000,000 5)Anticipated Project Schedule Construction Start May 2021 Complete Estimated December 2023 6)Construction Milestones: Construction is underway. 7)CRC Commitments CRC contributed land to the development of this project, relocated the CFD generator, and is funding infrastructure, road work, and utility relocations with TIF. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering September 2023
Rendering
June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 11
CIVIC SQUARE GARAGE 1) CRC Design-Build Project 2)Economic Development Area: Carmel City Center/Carmel City Center Amendment 3)Project Summary: - 303-space parking garage - 255 spaces will be open to the public - 48 spaces are reserved for owner-occupied condos that will line the west and north sides of the garage (to be developed as part of a future CRC project) 4)Total project budget: $9,700,000 5)Anticipated Project Schedule Construction Start January 2022 Construction End Opened Summer 2022 6)Construction Milestones: Garage is now open for public use. 7)CRC Commitments The CRC will be involved with development and construction of the parking garage 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
September 2022 Rendering
March 2023
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 12
FIRST ON MAIN 1)Developer Partner(s): Lauth Group, Inc. 2)Economic Development Area: Lot One 3)Project Summary: - 310-space public parking garage - Four-story, 73,000 SF Class-A office building with first floor restaurant space and a private rooftop terrace - 8 condominiums - 35 apartments - Community gathering plaza featuring the City’s Rotary Clock 4)Total project budget: $35,000,000 5)Anticipated Project Schedule Construction Start Fall 2021 Construction End Estimated November 2023 6)Construction Milestones: Construction is underway. 7)CRC Commitments CRC contributed the land for this development. Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
January 2024
Rendering June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 13
THE SIGNATURE 1)Developer Partner(s): Tegethoff Development and Great Lakes Capital 2)Economic Development Area: Main and Old Meridian 3)Project Summary: - 8 owner-occupied flats/condos - 295 luxury apartments - 15k sf of office/retail - 374 structured parking spaces - Dedication of land for future street 4)Total project budget: $78,000,000 5)Anticipated Project Schedule Construction Start November 2021 Construction End Estimated December 2023 w/ retail buildouts ongoing through Spring 2024 6)Construction Milestones: Construction is underway. 7)CRC Commitments: Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 14
MAGNOLIA 1)Developer Partner(s): Old Town Companies 2)Economic Development Area: Magnolia 3)Project Summary: Multi-phase development that will include six condominium buildings with five units per building, for a total of 30 for-sale condos, and future multi-family residential on the corner of City Center Drive and Rangeline Road. 4)Total project budget: 5)Anticipated Project Schedule Construction Start April 2022 (Building 1) Construction End Estimated 2025 (Buildings 4-6) 6)Construction Milestones: Construction is underway. 7)CRC Commitments: CRC contributed the land for the development of this project. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering September 2023 June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 15
THE MUSE 1)Developer Partner(s): Kite Reality Group 2)Economic Development Area: The Corner 3)Project Summary: mixed-use project consisting of 278 apartments, 25,000 square feet of office/retail space, and a free 364-space public parking garage 4)Total project budget: $69,000,000 5)Anticipated Project Schedule Construction Start Late 2021 Construction End Bldg A/Garage: Estimated December 2023 Bldg B: Estimated April 2024 6)Construction Milestones: Construction is underway. 7)CRC Commitments Future commercial taxes from the project (TIF) are being used to construct the public parking garage, utility relocations, and streetscape improvements. 8)Council and/or CRC Action Items
Rendering June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 16
HAMILTON CROSSING 1)Developer Partner(s): Kite Reality Group and Pure Development, Inc. 2)Economic Development Area: Amended 126th Street 3)Project Summary: New home of Republic Airways. 105,000 square-foot training facility with 20 classrooms, 94 workstations, two cabin trainers, and eight flight simulators. The hotel adjacent to the training center will be expanded to 274 rooms. 1,900 jobs brought/created with Republic alone. 4)Total project budget: $200,000,000 investment for Phase 1 and II 5)Anticipated Project Schedule Construction Start HQ/Corporate Housing: Winter 2021 (Complete) Garage: Winter 2022 Construction End HQ/Corporate Housing: Completed Garage: Estimated April 2024 6)Construction Milestones: Construction is underway. Training Center is open. 7)CRC Commitments Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items
Rendering
Rendering
June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 17
PROSCENIUM II 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: Amended 126th Street 3) Project Summary: Mixed-use development i. 120 parking spaces ii. 48 Apartments; 7 for-sale condos iii. Approx. 15,000 SF of office and retail space iv. Approx. Total project budget: $18,000,000 4) Anticipated Project Schedule Design Start 2021 Construction Start 2022 Construction Complete Estimated August 2024 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made.
Rendering June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 18
AT&T SITE 1) Developer Partner(s): Buckingham Companies, Third Street Ventures, Pure Development, and Merchants Banks 2) Economic Development Area: 3rd Ave ATT 3) Project Summary: Mixed-use development i. 443 parking spaces ii. 244-unit multi-family building; 2 single family homes iii. Approx. 80,000 SF of corporate headquarters; 37,000 SF boutique headquarters iv. Approx. Total project budget: $133,000,000 4) Anticipated Project Schedule Design Start 2022 Construction Start 2024 Construction Complete December 2025 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made.
Respectfully submitted, Henry Mestetsky Executive Director
Rendering June 2024
PROJECT UPDATES
June 21, 2024 CRC Report for July 1, 2024, City Council Meeting Page | 19
Carmel Redevelopment Commission/Department June 21, 2024
Prepared for City Council and the Redevelopment Commission -End Report-
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE NO. D-2696-23 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
ADDING CHAPTER 8, ARTICLE 4, SECTION 8-44 TO THE CARMEL CITY CODE 4
5
Synopsis: Establishes a speed limit of 20 miles per hour within roundabouts. 6
7
WHEREAS, the City of Carmel, Indiana, has the authority to establish motor vehicle speed limits 8
pursuant to Indiana Code § 9-21-5-6 and City Code Section 8-15; and 9
10
WHEREAS, for the safety of the travelling public, the Common Council now finds it necessary to 11
establish a speed limit of twenty (20) miles per hour within City roundabouts. 12
13
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 14
Indiana, as follows: 15
16
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17
18
Section 2. Carmel City Code Chapter 8, Article 4, Section 8-44 is hereby added to the Carmel City 19
Code to read as follows: 20
21
Ҥ 8-44 Twenty m.p.h. Speed Limit Within Roundabouts. 22
23
No person shall drive a motor vehicle in excess of twenty (20) miles per hour within a 24
roundabout.” 25
26
Section 3. The Carmel Street Department is directed to promptly add the appropriate signage to 27
fulfill the mandates contained in this Ordinance upon its passage. 28
29
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 30
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. 31
However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or 32
liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. 33
Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under 34
such repealed or amended ordinance as if this Ordinance had not been adopted. 35
36
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 37
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 38
enforcement of same can be given the same effect. 39
40
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage, 41
execution by the Mayor, and publication as required by law. 42
43
44
45
Ordinance D-2696-23 46
Page One of Two 47
48
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024,49
by a vote of _____ ayes and _____ nays. 50
51
COMMON COUNCIL FOR THE CITY OF CARMEL 52
53
54
55
56
57
58
59
60
61
62
63
64
Adam Aasen
____________________________________ Teresa Ayers
____________________________________
Ryan Locke
___________________________________ Rich Taylor65
66
67
68
69
70
71
72
___________________________________ Anthony Green
___________________________________ Jeff Worrell
___________________________________
Shannon Minnaar
___________________________________ Matthew Taylor
___________________________________ Anita Joshi
ATTEST:
__________________________________ Jacob Quinn, Clerk73
74
75 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2024, at _______ __.M.76
77
78 ____________________________________ Jacob Quinn, Clerk79
80
81 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day
of ________________________ 2024, at _______ __.M.82
83
84 ____________________________________ Sue Finkam, Mayor85
86
87
88
89
90
91
ATTEST:
___________________________________ Jacob Quinn, Clerk
Ordinance D-2696-23
Page Two of Two
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
92
93
MEMORANDUM
Date: June 7, 2024
To: Carmel City Council
From: Adrienne Keeling
Re: Ordinance Z-690-24
Non-Dwelling Short-Term Rental Standards UDO Amendment
Forwarded with a favorable recommendation from Carmel Plan Commission:
Ordinance Z-690-24 (Docket No. PZ-2024-00041 OA: Non-Dwelling Short-Term Rental Standards
UDO Amendment)
The applicant seeks to amend the UDO to establish standards and definitions for Non-Dwelling Short-
Term Rentals. Filed by the Department of Community Services on behalf of the Carmel Plan
Commission.
Background:
Following on the popularity of private home and room rental platforms such as Airbnb and Vrbo, the latest
wave of rental platforms features the hourly rental of pools and other outdoor facilities at private residences.
Similarly, in recent year, Carmel has seen an emergence of pool rentals along with growing concerns from
neighbors regarding the quiet enjoyment of their properties.
Carmel revised its approval process and standards for Short-Term Residential Rentals so dwellings several years
ago, and now propose a similar process of approval for what we’re calling Non-Dwelling Short-Term Rentals.
Proposed Ordinance Summary:
The proposed amendment adds a new definition, approval process, and standards for Non-Dwelling Short-Term
Rentals. The ordinance proposal is attached, and summarized below:
Proposed Definition: Short-Term Rental; Non-Dwelling: Any outdoor or indoor pool, yard, patio,
deck, accessory building, and other non-dwelling structure or facility that is rented or leased to transient
guests by a Permanent Resident of the property where such non-dwelling rental is located.
Approval Process: Requires Special Exception Approval by the BZA Hearing Officer for a term of 1
year. This affects a few sections in the UDO:
• Applies Special Exception Filing Fee in Article 1.
• Adds “Non-Dwelling Short-Term Residential Rental” as a type of Residential Special Exception in
Residential Districts S1, S2, R1, R2, R3, R4, R5 and UR in Article 2.
• Adds references in UDO Section 9.08: Special Exception to the proposed new Section 5.74
(described below). No substantive amendments have been proposed to the Special Exception process
itself; however, we do propose to simplify the Section title to remove “(Group Home and Short-
Term Residential Rental)”.
Proposed Districts & Standards: A new UDO Section 5.74: Non-Dwelling Short-Term Rental – Use
Specific Standards would be added to Article 5. Numerically, this will fall in the UDO immediately
after the standards for Short-Term Rentals (for dwellings), and the proposed language follows closely. A
few highlights include:
• The applicant shall be a Permanent Resident of the location where the rental is proposed. See
definition of “Resident, Permanent” in the UDO Article 11.
• Approval may be revoked after 2 notices of violations or citations for violations of the UDO, City
Code or state law that is attributable to the Non-Dwelling Short-Term Rental.
• Proposes a series of limitations on the use of pools, yards and other facilities, such as minimum
liability insurance, hours of operation, group sizes, the number of rentals over a period of time, and
parking.
NOTE: If adopted, the addition of a new Section 5.74 will result in a change in subsequent section
numbers for the remainder of Article 5. DOCS will reflect this change and correct any applicable
cross-references upon codification.
You may view the Unified Development Ordinance (UDO) in its entirety online by clicking on Zoning Map &
Tools in the Department of Community Services’ website: www.carmeldocs.com.
Code Enforcement History:
As of June 6, there are 5 residential pools offered for rent in Carmel on the Swimply web platform. While
offerings come and go, 4 of the 5 current listings appear to have been previously active based on user reviews
(ranging from 2-17 reviews each). Although the Code Enforcement division has not received any complaints
this year, over the past couple of summer seasons DOCS and City Council members have received several
reports and questions related to parking, noise and trespassing at the same pool rental.
Plan Commission Overview:
Councilor Worrell and other members of the public spoke generally in favor of the proposal and encouraged
communication. Three of the speakers shared some of their experiences with a pool rental in their
neighborhood, which has received complaints in recent years. The Plan Commission had a few questions
regarding HOA covenants, effect on PUDs, liability insurance, and various scenarios in whether to apply the
standards by calendar vs. approval year. The Commission deliberated operating hours, group size, and
recommended a maximum of 1 rental per month, and each rental a maximum of 5 hours. After making the
recommended revisions, the Plan Commission voted to send this proposal to the City Council with a unanimous
favorable recommendation.
The information in this packet is arranged in the following order:
1. Plan Commission Certification (expires August 21, 2024)
2. Proposed Ordinance Z-690-24
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-690-24
Non -Dwelling Short -Term Rental Standards Ordinance Amendment
To: The Honorable Common Council CARMEL CITY CLERK
Of the City of Carmel
Hamilton County, Indiana MAY 2 3 2024
TIME: 4-7G/¢m
Dear Members:
The Carmel Plan Commission offers you the following report on application Docket No.
PZ-2024-00041 OA - petitioning to amend the Unified Development Ordinance in order
to establish standards and definitions for Non -Dwelling Short -Term Rentals.
The Carmel Plan Commission's Commercial Committee recommendation on the petition
of the applicant is `Favorable."
At its regularly scheduled meeting on May 21, 2024, the Carmel Plan Commission voted
Nine (9) in Favor, Zero (0) Opposed, Zero (0) Absent, to forward to the Common
Council the proposed Ordinance No. Z-690-24 with a "Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), 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 Wednesday, August 21, 2024.
CARMEL PLAN COMMISSION
BY: &"N ___—
Brad Grabow, President
ATTEST:
FA/AMOR , =25- ZI
Bric Butler, Secretary
Carmel Plan Commission
Dated: May 23, 2024
6/07/2024 Ordinance Z-690-24 1
Sponsors: Councilors Worrell and Minnaar 1 2
ORDINANCE Z-690-24 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance establishing Non-Dwelling Short-Term Rental Use-Specific Standards and Definitions in the 7 Unified Development Ordinance. 8 9
Synopsis: 10
This Ordinance establishes Non-Dwelling Short-Term Rental Use-Specific Standards to address pool, backyard, 11 accessory buildings, and other structures or facilities rentals. 12
13 WHEREAS, the City wishes to ensure the public health, safety and welfare of all its residents, and 14 uphold the property rights of the City residents who own real property located in Residential Districts; and 15 16
WHEREAS, short-term rental offerings have expanded to include pools, backyards, accessory 17 buildings, and other facilities (collectively Non-Dwelling Short-Term Rentals); and 18 19 WHEREAS, Non-Dwelling Short-Term Rentals are offered exclusively and independently from 20 dwellings; and 21
22 WHEREAS, Non-Dwelling Short-Term Rentals present concerns and impact neighboring properties 23 in a similar way as Short-Term Residential Units, and such impact can be further exacerbated because Non-24 Dwelling Short- Term Rentals are frequently rented on hourly basis increasing the number of individuals who 25 use the property throughout the day; and 26
27 WHEREAS, to mitigate negative effects on the quality of life, quiet enjoyment of properties and 28 residential neighborhoods integrity, the City wishes to establish Use-Specific Standards for Non-Dwelling 29 Short-Term Rentals; and 30
WHEREAS, it is in the public interest that Non-Dwelling Short-Term Rentals be reasonably regulated 31
and that due process be provided to all affected property owners to protect the quality of life, safety of residents, 32 and quiet enjoyment of properties as well as to conserve property values in Residential Districts; and 33
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text 34 of the unified development ordinance; and 35
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 36
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 37
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 38 that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2024-00041 having received a favorable 39 recommendation from the Carmel Advisory Plan Commission on Tuesday,___________, 2024, it hereby adopts 40
this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-________, as amended), to 41
read as follows: 42 43 44
6/07/2024 Ordinance Z-690-24 2
Section I: Amend Article 1 by adding BZA Hearing Officer Filing Fees for Non-Dwelling Short-Term Rental 45 review. 46
1.29 Filing Fees 47
BZA Hearing Officer 48
• Residential $207.25 plus $120.50 for each additional 49
• Commercial petition $849.50 plus $420.50 for each additional 50
• Special Exception, Group Home $104 plus $104 per bedroom 51
• Special Exception, Short Term Rentals $115.25 52
• Renewal of Special Exception $58.00 53 54 Section II: Amend Article 2 by adding Non-Dwelling Short-Term Rental as a Residential Special Exception 55 for the following Districts: 56 57
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions 58
Residential Special Exception – Non-Dwelling Short-Term Rental 59 60 2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions 61 Residential Special Exception – Non-Dwelling Short-Term Rental 62
63
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions 64 Residential Special Exception – Non-Dwelling Short-Term Rental 65 66 2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions 67
Residential Special Exception – Non-Dwelling Short-Term Rental 68
69 2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions 70 Residential Special Exception – Non-Dwelling Short-Term Rental 71 72
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions 73
Residential Special Exception – Non-Dwelling Short-Term Rental 74 75 2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions 76 Residential Special Exception – Non-Dwelling Short-Term Rental 77
78
2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions 79 Residential Special Exception – Non-Dwelling Short-Term Rental 80 81 82
Section III: Adopt Article 5: Development Standards, Section 5.74: US-28 Non-Dwelling Short-Term Rental 83
Use-Specific Standards as follows: 84
This Use-Specific Standards (US) section applied to the following zoning districts: 85 S1 S2 R1 R2 R3 R4 R5 UR 86 [to be included in a footnote: PUD District Ordinance shall control unless it is silent on 87
applicable rental regulations. All PUDs parcels shall be reviewed as their underlying zoning, 88
such underlying zoning shall be determined by the Director of Community Services] 89 90
A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse impacts 91 on established residential neighborhoods in the City and the owners and residents of properties in 92 these neighborhoods resulting from the conversion of residential properties or portions thereof to 93 tourist, entertainment, transient and/or temporary uses. 94
6/07/2024 Ordinance Z-690-24 3
95 B. Special Exception Eligibility: A Permanent Resident of a Dwelling located in a Residential District 96
may use a portion of the real estate where such Dwelling is located as a Non-Dwelling Short-Term 97
Rental if: 98 1. The Permanent Resident applies for and is granted a Special Exception, pursuant to Section 9:08: 99 Special Exception (Group Homes and Short-Term Residential Rentals) hereof. 100 2. The Permanent Resident maintains a valid Registered Retail Merchant Certificate; 101
3. The Permanent Resident posts a clearly printed sign in the clearly-visible location within the 102
rented space that provides information regarding the location of lifesaving equipment, fire 103 extinguishers, gas shut off valves if gas-operated equipment is present, evacuation exits, and 104 emergency contact information. 105 106
C. Required Information for Application: Both the initial application and any renewal application for a 107
Special Exception permit shall contain the following: 108 1. Information sufficient to show that the applicant is the Permanent Resident of the real estate 109 where Non-Dwelling Short-Term Rental is located, and that the applicant has a Registered Retail 110 Merchant Certificate. Permanent residency shall be established by showing that the Unit is listed 111
as the applicant’s residence on at least two (2) of the following: motor vehicle registration; 112
driver’s license; voter registration; tax documents showing the unit as the applicant’s primary 113 residence for a standard homestead credit; or utility bill. A renewal application shall contain 114 sufficient information to show that the applicant is a Permanent Resident and has occupied the 115 real estate for at least two hundred seventy-five (275) days of the preceding calendar year. 116
2. Primary and secondary emergency contact information, including mailing address, phone 117
number or email address. Upon approval of a Special Exception, emergency contact information 118 shall be shared with the Carmel Police Department. 119 3. Any other information as may be required by the Director to evaluate the application. 120 121
D. Limitations: 122
1. The term of a Special Exception permit granted to a Permanent Resident shall be one (1) year. 123 The grant of a Special Exception permit provides an exception only to the other requirements of 124 this Ordinance. It does not confer a right to lease, sublease, or otherwise use a residential property 125 or portions thereof as a Non-Dwelling Short-Term Rental where such use is not otherwise 126
allowed by law, a homeowners association agreement or requirements, any applicable covenant, 127
condition, and restriction, a rental agreement, or any other restriction, requirement, or 128 enforceable agreement. Nothing in this Section shall relieve any person or facilitator of the 129 obligations imposed by any and all applicable provisions of state law and the Carmel City Code, 130 including but not limited to those obligations imposed by Indiana tax laws and rules. Further, 131
nothing in this Section shall be construed to limit any remedies available under any and all 132
applicable provisions of state law and the Carmel City Code. 133 2. If, after obtaining a permit, the real estate is subject to two (2) notices of violations or citations 134 for violation of any provision of this Section, the Carmel City Code or state law that is 135 attributable to the use of the real estate as a Non-Dwelling Short-Term Rental, the permit shall 136
be revoked. Director of the Department of Community Services shall notify the Permanent 137
Resident of the permit revocation via first class mail and/or posting such notice at the real estate. 138 3. In addition to all of the Limitations of Subsection 5.74D(1) above, Non- Dwelling Short-Term 139 Rental shall have the following use-specific limitations: 140 a. Pools: 141
i. Permanent Resident must be at the property at all times during a Non-Dwelling Short-142
Term Rental operation. 143 ii. Permanent Resident must obtain premises liability insurance in the amount not less than 144 One Million Dollars ($1,000.000.00) per occurrence. The insurance must be renewed 145
6/07/2024 Ordinance Z-690-24 4
annually. The certificate of such insurance shall be delivered to the Department of 146 Community Services prior to listing the real estate as a Non-Dwelling Short-Term Rental. 147
Proof of annual insurance renewal shall be delivered to the Department of Community 148
Services. 149 iii. Operation hours shall be between 10 A.M and 8 P.M. 150 iv. A group size for a single Non-Dwelling Short-Term Rental shall not exceed ten (10) 151 individuals. At least one of these individuals shall be at least twenty-one (21) years of age. 152
v. Number of Non-Dwelling Short-Term Rentals shall not exceed 1 day per calendar month. 153
The rental shall not exceed five (5) hours. 154 vi. Permanent Resident must provide sufficient guest parking that must be contained within 155 the real estate. 156 vii. Permanent Resident must comply with any applicable state laws, rules and regulations 157
relating to pool operation. 158
viii. Permanent Resident shall ensure that renters do not trespass on the neighbors’ properties. 159 b. Yards and other facilities (includes decks, patios, accessory structures etc.): 160 i. Permanent Resident must be at the property at all times during a Non-Dwelling Short-161 Term Rental operation. 162
ii. Permanent Resident must obtain premises liability insurance in the amount not less than 163
One Million Dollars ($1,000.000.00) per occurrence. The insurance must be renewed 164 annually. The certificate of such insurance shall be delivered to the Department of 165 Community Services prior to listing the real estate as a Non-Dwelling Short-Term Rental. 166 Proof of annual insurance renewal shall be delivered to the Department of Community 167
Services 168
iii. Operation hours shall be between 10 A.M and 8 P.M. 169 iv. A group size for a single Non-Dwelling Short-Term Rental shall not exceed ten (10) 170 individuals. At least one of these individuals shall be at least twenty-one (21) years of age. 171 v. Number of Non-Dwelling Short-Term Rentals shall not exceed 1 day per calendar month. 172
The rental shall not exceed five (5) hours. 173
vi. Permanent Resident must provide sufficient guest parking that must be contained 174 within the real estate. 175 176 Section IV: Amend Article 9, Section 9.08 by renaming said Section to “Special Exception” and adding Non-177
Dwelling Short-Term Rental to Section’s applicability as follows: 178
179 9.08 Special Exception (Group Home and Short Term Residential Rental) 180 Applicability: This Special Exception section only applied to Group Homes, Short Term 181 Residential Rental, and Non-Dwelling Short-Term Rental uses. 182
183 Section V: Amend Article 9, Section 9.08(B)(5) by adding reference to Section 5.74(D): Limitations as 184
follows: 185 186 B. Procedure: 187
5. Approval or Denial of the Special Exception Application: Upon approval of a Special Exception, 188
the Hearing Officer shall inform the applicant that the applicant may apply to the Director of 189 Community Services for Improvement Location Permits (if necessary) or may commence the 190 Special Exception if no permits are required. Failure of the Hearing Officer to inform the 191 applicant of the time limits set forth in Section 5.72(D): Limitations, or Section 5.73(D): 192
Limitations or Section 5.74(D): Limitations, as applicable, shall not relieve the applicant of 193
complying with said Section. 194 195 196
6/07/2024 Ordinance Z-690-24 5
Section VI: Amend Article 9, Section 9.08 by adding subsection G as follows: 197 198
G. Special Exception Non-Dwelling Short Term Rental Decisions; Commitment: Pursuant to IC 199
36‑7‑4‑1015, a Hearing Officer may, as a condition to any approval of an application for a Special 200 Exception, require or allow the owner to make any or all of the following commitments concerning 201 the use of the property: 202
1. That the Special Exception will fully comply with Section 5.74: Non-Dwelling Short‑Term 203
Rental Use‑Specific Standards. 204
2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days during a 205 calendar year, at the discretion of the Hearing Officer. 206
3. If the Hearing Officer determines that a homeowners association or similar entity has established 207 limitations or prohibitions that apply to the property, that the owner’s implementation of the 208
Special Exception will not result in the violation of any such limitations or prohibitions. 209
210 Section VII: Amend Article 11 by adding the following definitions: 211 212 Short-Term Rental; Non- Dwelling: Any outdoor or indoor pool, yard, patio, deck, accessory building, 213
and other non-dwelling structure or facility that is rented or leased to transient guests by a Permanent 214
Resident of the property where such non-dwelling rental is located. 215
216 Section VIII: The Common Council hereby delegates Department of Community Services to correct and codify 217
numbering, pagination, cross-references, table of contents, Appendices, and land use matrix of the Unified 218 Development Ordinance affected by this Ordinance. 219 220 Section IX: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 221 repealed. 222
223 Section X: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 224 225
6/07/2024 Ordinance Z-690-24 6
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 226 ______________________ 2024, by a vote of _________ ayes and ________ nays. 227
228
229 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA 230 231 ______________________________ ______________________________ 232 Anthony Green, President Adam Aasen, Vice-President 233
234
______________________________ ______________________________ 235
Jeff Worrell Teresa Ayers 236
237
______________________________ ______________________________ 238 Shannon Minnaar Ryan Locke 239 240 ______________________________ ______________________________ 241 Matthew Snyder Rich Taylor 242 243
______________________________ 244
Anita Joshi 245
246 ATTEST: 247 248 __________________________________ 249
Jacob Quinn, Clerk 250
251 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 252 253 ____________, 2024, at _______ __.M. 254
255
_______________________________ 256 Jacob Quinn, Clerk 257 258 Approved by me, Mayor of the City of Carmel, Indiana this ___ day of 259
260
______________, 2024, at ______ __.M. 261
262
263
________________________________ 264 Sue Finkam, Mayor 265 ATTEST: 266 267
_________________________________ 268
Jacob Quinn, Clerk 269 270
271 272 Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 273
SPONSOR(S): Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. .
ORDINANCE NO. D-2715-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-4 OF THE CARMEL CITY CODE. 4 5
Synopsis: Ordinance amending the Board of Public Works and Safety membership rules. 6
7 WHEREAS, the City of Carmel Common Council has previously established the Board of Public 8 Works and Safety (the “BPW”) with its membership consisting of the Mayor and two voters of the City of 9 Carmel (the “City”); and 10 11 WHEREAS, pursuant to Indiana Code Section 36-4-9-6(c), the BPW may be composed of three (3) 12 members or five (5) members appointed by the executive; and 13 14 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interests 15 of the public to amend Section 2-4 of the City Code to allow the Mayor to appoint a BPW member in her/his 16
stead. 17 18 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 19 as follows: 20 21
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 22 23 Section 2. The following subsection of Carmel City Code Section 2-4 is hereby amended and shall read 24 as follows: 25 26
“There is established a Board of Public Works and Safety within the executive branch. 27 The members of the Board of Public Works and Safety are the Mayor or her/his 28 designee, and two voters of the City who shall be chosen by the Mayor and serve at 29 her/his pleasure. The Board shall administer the Public Water and Public Wastewater 30 Utilities and other utilities acquired by the City from time to time (collectively the 31
“Public Utilities”); however, any sale, lease or facilities or operations management 32 agreement for any of the Public Utilities shall be subject to approval by ordinance of the 33 Common Council of the City. Furthermore, the Board of Public Works and Safety shall 34 make available quarterly financial statements of the Public Utilities to the Common 35 Council within the 45 days of the end of each calendar year quarter.” 36
37 Section 3. The remaining provisions of Carmel City Code Sections 2-4 are not affected by this 38 Ordinance and shall remain in full force and effect. 39 40 41
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Ordinance D-2715-24 47 Page One of Three 48 49
SPONSOR(S): Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. .
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are 50
hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal 51 to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance 52 does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective 53 date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed 54
and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 55
56 Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of 57 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 58 so long as 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 the date of its passage and 61 signing by the Mayor and such publication as required by law. 62 63
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SPONSOR(S): Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. .
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of _____________, 100
2024, by a vote of _____ ayes and _____ nays. 101 102 103 COMMON COUNCIL FOR THE CITY OF CARMEL 104
105
___________________________________ 106 Anthony Green, President Adam Aasen, Vice-President 107 108 ___________________________________ ______________________________ 109
Jeff Worrell Teresa Ayers 110
111 ___________________________________ ______________________________ 112 Anita Joshi Shannon Minnaar 113 114
___________________________________ ______________________________ 115
Ryan Locke Matt Snyder 116 117 ___________________________________ 118 Rich Taylor 119
120
121 ATTEST: 122 123 ____________________________ 124
Jacob Quinn, Clerk 125
126 Presented by me to the Mayor of the City of Carmel, Indiana this day of ________________ 127 2024, at _______ __.M. 128
129 130 ____________________________________ 131
132 Jacob Quinn, Clerk 133 134 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 135
2024, at _______ __.M. 136
137 138 ____________________________________ 139 Sue Finkam, Mayor 140 141
ATTEST: 142
143 144 ___________________________ 145 Jacob Quinn, Clerk 146 147
148
Ordinance No. D-2715-24 149 Page Three of Three 150
SPONSOR(S): Worrell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
ORDINANCE NO. D-2716-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 5, ARTICLE 1, SECTION 5-3(b)(2) OF THE CARMEL CITY CODE. 4 5
Synopsis: Ordinance amending alcohol prohibition on certain sections of the Monon Greenway. 6
7 WHEREAS, the City has previously prohibited containers of alcohol or beverages containing alcohol 8 on or along the Monon Greenway; and 9 10 WHEREAS, on ________, 2024 the Common Council passed an ordinance (the “DORA Ordinance”) 11
establishing a Central Designated Outdoor Refreshment Area (the “Central DORA”) that encompasses a 12 section of the Monon Greenway as depicted in the attached Central DORA Map; and 13 14 WHEREAS, individuals of twenty-one (21) years of age and older may consume alcoholic beverages 15 within the Central DORA pursuant and subject to the DORA Ordinance’s regulations; and 16
17 WHEREAS, pursuant to Indiana Code § 7.1-3-31, the Common Council may establish up to seven 18 (7) Designated Outdoor Refreshment Areas; and 19 20 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interests 21
of the public to amend alcohol prohibition on sections of the Monon Greenway that pass through any 22 Designated Outdoor Refreshment Areas. 23 24 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 25 as follows: 26
27 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 28 29 Section 2. The following subsection of Carmel City Code Section 5-3(b) is hereby amended and shall 30 read as follows: 31
32 “(2) Use of alcohol. Containers of alcohol or beverages containing alcohol are strictly 33 prohibited in, on or along the Monon Greenway for any reason, except for the Monon 34 Greenway sections that pass through any Designated Outdoor Refreshment Areas, and 35 any alcohol consumption in such sections is subject to the appliable Designated Outdoor 36
Refreshment Area ordinance.” 37 38 Section 3. The remaining provisions of Carmel City Code Sections 5-3 are not affected by this 39 Ordinance and shall remain in full force and effect. 40 41
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SPONSOR(S): Worrell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are 51
hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal 52 to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance 53 does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective 54 date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed 55
and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 56
57 Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of 58 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 59 so long as enforcement of same can be given the same effect. 60
61 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and 62 signing by the Mayor and such publication as required by law. 63 64
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SPONSOR(S): Worrell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ____________, 101
2024, by a vote of _____ ayes and _____ nays. 102 103 104 COMMON COUNCIL FOR THE CITY OF CARMEL 105
106
___________________________________ 107 Anthony Green, President Adam Aasen, Vice-President 108 109 ___________________________________ ______________________________ 110
Jeff Worrell Teresa Ayers 111
112 ___________________________________ ______________________________ 113 Anita Joshi Shannon Minnaar 114 115
___________________________________ ______________________________ 116
Ryan Locke Matt Snyder 117 118 ___________________________________ 119 Rich Taylor 120
121
122 ATTEST: 123 124 ________________________________ 125
Jacob Quinn, Clerk 126
127 Presented by me to the Mayor of the City of Carmel, Indiana this day of ________________ 128 2024, at _______ __.M. 129 130
____________________________________ 131
Jacob Quinn, Clerk 132 133 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 134 2024, at _______ __.M. 135
136 137 ____________________________________ 138 Sue Finkam, Mayor 139 140 ATTEST: 141
142 143 ______________________________ 144 Jacob Quinn, Clerk 145 146 147
148
Ordinance No. D-2716-24 149 Page Three of Three 150
SPONSOR(S): Worell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
ORDINANCE NO. D-2718-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 ESTABLISHING A DESIGNATED OUTDOOR REFRESHMENT AREA 4 5 Synopsis: Ordinance establishes a designated outdoor refreshment area in the City’s central core 6 pursuant to Indiana Code § 7.1-3-31. 7 8 WHEREAS, the City of Carmel (the “City”), pursuant to Indiana Code § 7.1-3-31 et seq., may 9
establish a designated outdoor refreshment area (“DORA”); and 10
11 WHEREAS, the City has a vibrant central core with many entertainment venues, restaurants, public 12 walkways, squares, and green spaces; and 13 14
WHEREAS, the City’s central core hosts over one hundred public events and festivals each year that 15 attract millions of visitors from around the country, and has long become an engine for economic growth for 16 the entire City; and 17 18 WHEREAS, the City wishes to continue its support for central core’s vitality and encourage its growth 19
and prosperity, while ensuring the DORA is administered in an orderly, safe, and inviting fashion in accordance 20 with state and City laws, rules, and regulations; and 21 22 WHEREAS, the City analysed the location of the proposed DORA and determined it to be consistent 23 with the economic development pattern for the area, Carmel’s Comprehensive Plan, and Unified Development 24
Ordinance (the “UDO”); and 25 26 WHEREAS, the City believes it is in the best interests of its residents to establish a DORA in the 27 City’s central core, which area is shown on the Central DORA Map, included in this Ordinance. 28 29
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 30 as follows: 31 32 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 33 34
Section 2. Definitions. All definitions in Ind. Code 7.1-3-31 et seq., as amended, and any applicable 35
definitions of the UDO shall apply to this Ordinance. 36 37 Section 3. Establishment of DORA. The Common Council established a DORA to be known as the 38 “Central DORA” pursuant to Ind. Code 7.1-3-31 et seq., and consistent with all applicable state and local laws, 39
rules, and regulations. 40
41 Section 4. Map and Boundaries. The Central DORA shall comprise the area identified and depicted in 42 the Central DORA map, which is attached hereto as Exhibit A, with boundaries described in the attached 43 Exhibit B. Exhibits are fully incorporated herein by this reference and may be amended from time to time. 44
45 46 Ordinance D-2718-24 47 Page One of Four 48 49
SPONSOR(S): Worell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
Section 5. Signage. The Common Council hereby adopts the following signage requirements for the 50 Central Dora: 51 (1) The Common Council hereby delegates the duty to design the form and logo of the Central Dora 52
signage, and distribute said signs to the Designated Permittees and Vendors to the Department of 53
Marketing and Community Relations. OR The Common Council hereby adopts signage designating 54 the Central DORA as depicted in the attached Exhibit C, which is fully incorporated herein by this 55 reference. 56 (2) Signs shall be posted in the City’s right-of-way, at all pedestrian entrances and exists to the Central 57
DORA to inform the public of the DORA’s boundaries. All signs shall be posted in conspicuous 58
locations, able to be seen by the pedestrians entering or exiting the Central DORA. Signs designating 59 the Central DORA may be placed as new signs, attached to existing City signs or directional devices, 60 or be placed as street decals. 61 (3) All outdoor signs shall be made of all-weather resistant, durable material. 62
(4) All Designated Permittees and Vendors shall place signs on their premises indicating that they 63
participate in the Central DORA and whether a person may enter the premises with an open 64 container of alcohol. Said signs shall be placed in a conspicuous location at each entrance and exit 65 (double-side printed signs are acceptable) to the premises, and must contain the following 66 information: 67
a. Any open alcoholic beverages and any containers purchased within the Central DORA must 68 remain within the Central DORA. 69 b. Possessing an open container of alcoholic beverage in a motor vehicle may constitute a 70 Class C infraction under IC 9-30-15. 71 c. The Central DORA shall be in effect during all authorized times pursuant to IC 7.1-3-1-14, 72
as may be amended from time to time, and as may be further modified by the Mayor or 73 her/his designee in accordance with Indiana Code. 74 75 Section 6. Times of Operation. The Central DORA shall be in effect from ______ 76 77
Section 7. DORA Containers. For the to-go orders of alcoholic beverages, Designated Permittees and 78 Vendors shall only use containers with the Central DORA label. No glass containers may be used for to-go 79 orders of alcoholic beverages. 80 81 Section 8. Designated Permittees and Vendors may allow a person to exit their premises into the Central 82
DORA with not more than two (2) open alcoholic beverages. Designated Permittees and Vendors remain 83
responsible for enforcement of the volumes served and to ensure compliance with state law and this Ordinance. 84 The maximum fill limits for an alcoholic beverage being sold for consumption within the Central DORA are 85 as follows: 86 (1) Beer or flavored malt beverages: up to sixteen (16) ounces. 87
(2) Wine, cider, or a premixed cocktail: up to twelve (12) ounces. 88
(3) Liquor or a liquor-based cocktail: up to ten (10) ounces, including up to two (2) ounces of liquor. 89 90 Section 9. A person may not consume an alcoholic beverage in public areas of the Central DORA that 91 was purchased outside of the Central DORA. 92
93 94 95 Ordinance D-2718-24 96 Page Two of Four 97
98
SPONSOR(S): Worell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
Section 10. The carryout privileges that a Designated Permittee may have in their scope of permit 99 approved by the Alcohol and Tobacco Commission is not impacted this Ordinance. 100 101
Section 11. Designated Permittees. Businesses located at the following locations have submitted 102
completed applications to the City to participate as Designated Permittees within the Central DORA, subject 103 to approval by the Alcohol and Tobacco Commission: 104 (1) Fork and Ale House, 350 Veterans Wy #150 105 (2) 101 Beer Kitchen, 1200 S. Rangeline Sute 101 106
(3) Anthony’s Chophouse and 3UP, 201 W. Main St. 107
108 Section 12. Any additional business located within the Central DORA that wishes to become a 109 Designated Permittee shall apply on the Form attached hereto to the Chief of Staff Office for approval. Once 110 approved, the applicant may proceed to apply for the Designated Permittee status with the Alcohol and 111
Tobacco Commission. 112
113 Section 13. An entity may apply to the relevant Indiana State Excise Police (Excise) district office for 114 a temporary beer and wine permit for operation as a Vendor within the Central DORA to the same extent that 115 they would otherwise be eligible. Additionally, an entity with catering privileges may serve within the Central 116
DORA under its catering permit by following normal procedures and submitting a catering authority request 117 form for approval. Prior to submitting the temporary beer and wine permit application or seeking catering 118 approval, such entity must complete the designation Vendor Form attached hereto seeking such vendor status 119 and obtain approval in writing from the Chief of Staff Office. 120 121
Section 14. If any portion of this Ordinance is for any reason declared to be invalid by a court of 122 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 123 so long as enforcement of same can be given the same effect. 124 125 Section 15. This Ordinance shall be in full force and effect from and after the date of its passage and 126
signing by the Mayor and such publication as required by law. 127 128 129
130
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Page Three of Four 146 147
SPONSOR(S): Worell, Snyder, Aasen
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ____________, 148 2024, by a vote of _____ ayes and _____ nays. 149 150
COMMON COUNCIL FOR THE CITY OF CARMEL 151
152 153 Anthony Green, President Adam Aasen, Vice-President 154 155
156
Rich Taylor Matt Snyder 157 158 ______________________________ 159 Jeff Worrell Teresa Ayers 160
161
162 Shannon Minnaar Ryan Locke 163 164 ______________________________ 165
Anita Joshi 166 167 ATTEST: 168 169 ______________________________ 170
Jacob Quinn, Clerk 171 172 Presented by me to the Mayor of the City of Carmel, Indiana this day of ________________ 173 2024, at _______ __.M. 174 175 176
Jacob Quinn, Clerk 177 178 Approved by me, Mayor of the City of Carmel, Indiana, this day of 179 ________________________ 2024, at _______ __.M. 180 181
182 183 Sue Finkam, Mayor 184 185
ATTEST: 186
187 188 189 Jacob Quinn, Clerk 190 191
192 193 194 Ordinance No. D-2718-24 195 Page Four of Four 196
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Exhibit A
1
Exhibit B
Boundary Description of Central Designated Outdoor Refreshment Area
Unless otherwise indicated, all City right of ways are included in the following description.
Beginning at the northwestern corner of parcel number 16-09-25-02-08-083, thence east to
the western edge of 3rd Ave. NW., thence north to the northern edge of 1st St. NW., thence east
along the northern edge of 1st St. NW., thence continuing east along the northern edge of 1st St.
NE. to the southwestern corner of parcel number 16-10-30-09-02-020, thence continuing east to
the center line of the intersection of 1st St. NE and 2nd Ave. NE, thence south approximately 355
feet to the southern edge of E. Main St., thence approximately 53 feet west to the northeastern
corner of parcel number 16-10-30-03-03-001, thence south along the eastern property line of parcel
number 16-10-30-03-03-001 to the southeastern corner of parcel number 16-10-30-03-03-001,
thence west along the southern property line of parcel number 16-10-30-03-03-001 to the western
edge of Alley 2nd where it meets the eastern border of parcel number 16-10-30-03-02-008, thence
south approximately 97 feet along the eastern property line of parcel number 16-10-30-03-02-008
to the southeastern corner of parcel number 16-10-30-03-02-008, thence west along the northern
edge of Supply St. to the eastern edge of 1st Ave. SE, thence south along the eastern edge of 1st Ave
SE continuing to the southwestern corner of parcel number 16-10-30-03-02-016 where it meets
the intersection of 1st Ave. SE and E. Ketchum Dr., thence east approximately 25 feet along the
southern property line of parcel number 16-10-30-03-02-016, thence south along the eastern edge
of 1st Ave. SE to the southwestern corner of parcel number 16-10-30-03-15-013 where it meets the
intersection of 1st Ave. SE and E. Walnut St., thence west along the northern edge of E. Walnut St.
continuing to the center line at the intersection of E. Walnut St. and S. Rangeline Rd., thence south
along the center line of S. Rangeline Rd. approximately 1,025 feet, thence east to the eastern edge
of S. Rangeline Rd., thence continuing east along the northern property line of parcel number 16-
10-31-01-14-001 approximately 234 feet, thence south approximately 65 feet, thence east
approximately 235 feet to the center line of Pawnee Rd., thence south to the center line at the
intersection of Pawnee Rd. and Winona Dr., thence southwest along the center line of Winona Dr.
approximately 271 feet to the northeastern corner of parcel number 16-10-31-01-08-001, thence
south to the southeastern corner of parcel number 16-10-31-01-06-003, thence east along the
northern property line of parcel numbers: 16-10-31-00-02-001, 16-10-31-00-03-001, 16-10-31-
00-03-002, and 16-10-31-00-03-003 to the northeastern corner of parcel number 16-10-31-00-03-
003, thence south along the eastern border of parcel number 16-10-31-00-03-003 to the southern
edge of Executive Dr., thence continuing south along the western edge of Executive Dr. to the
northern edge of E. Carmel Dr. where it meets the southeastern corner of parcel number 16-10-31-
00-01-001.002, thence west along the northern edge of E. Carmel Dr. to the southwestern corner
of parcel number 16-10-31-00-00-047 where it meets the eastern edge of S. Rangeline Rd., thence
west crossing the northern edge of the roundabout at the intersection of S. Rangeline Rd. and W.
Carmel Dr. and continuing west along the northern edge of W. Carmel Dr. to the southwestern
corner of parcel number 16-09-36-00-00-070 (Monon Trail), thence going north and continuing
along the western border of parcel number 16-09-36-00-00-070 (Monon Trail) to the northwestern
corner of parcel number 16-09-36-00-00-070 (Monon Trail) where it meets Gradle Dr., thence
2
west along the southern edge of Gradle Dr. to the intersection of Gradle Dr. and 3rd Ave. SW.,
thence north along the eastern edge of 3rd Ave. SW. to the northwestern corner of 16-09-36-00-00-
005.218, thence going west to the western edge of 3rd Ave. SW., thence north along the western
edge of 3rd Ave. SW. approximately 230 ft, thence east to the eastern edge of 3rd Ave. SW., thence
north along the eastern edge of 3rd Ave. SW. continuing across the roundabout at the intersection
of 3rd Ave. SW. and City Center Drive, thence continuing north along the eastern edge of 3rd Ave.
SW. to the centerline of the roundabout at the intersection of 4th Ave. SW. and W. Main St., thence
west along the centerline of W. Main St. approximately 203 feet, then north approximately 72 feet
across parcel numbers 16-09-25-02-08-018 and 16-09-25-02-08-085 to the southwestern corner of
parcel number 16-09-25-02-08-083, thence continuing north and ending at the northwestern corner
of parcel number 16-09-25-02-08-083, said meeting point also being the point of beginning.
End of description
IN THE MATTER OF THE VERNON ASHER DRAIN
HAMILTON COUNTY DRAINAGE BOARD
Come now the City Council of the City of Carmel, who petition the Hamilton County Drainage
Board as follows:
1. They are the duly elected City Council of the City of Carmel, Indiana.
2. That in that capacity they are responsible for the drainage of public highways.
3. That they now desire that a regulated drain be reconstructed in Clay Township which
involves 111th Street and Pennsylvania Street and various areas surrounding the road in the drainage shed.
4. The names and address of each owner affected by the proposed public drainage are attached hereto,
made a part hereof, and marked Exhibit “A”, which area of land involved in the proposed drainage
area is located in Section 2 Township 17 north, Range 3 east, Hamilton County, Indiana.
5. No other public lands or owners are located in the area which would affect improvement.
6. That the general route of the proposed drain is extending the current Vernon Asher Drain from
the existing location by the addition of various arms as shown on Exhibit “B”.
7. That in the opinion of the Petitioner, the costs, damages, and expenses of the proposed improvement
will be less than the benefits which will result to the owners of the land to be benefited thereby.
8. That in the opinion of the Petitioner, the proposed improvement will benefit a public highway in
Hamilton County, Indiana.
9. That the name of the attorney representing Petitioner in the drainage petition is Samantha S. Karn,
Corporation Counsel, City of Carmel Department of Law, One Civic Square, Carmel, Indiana 46032.
10. That Petitioners shall pay the cost of notice and all legal costs if the Petition is dismissed.
11. Petitioner shall post a bond, if required, to pay the cost of notice and all legal costs in the case the
improvement is not established.
City of Carmel, Indiana
BY:_____________________
Anthony Green, President
BY:______________________
Adam Aasen, Vice-President
BY: ______________________
Jeff Worrell
BY:______________________
Ryan Locke
BY: ______________________
Rich Taylor
BY:______________________
Teresa Ayers
BY: ______________________
Matthew Snyder
Page 1of 2
BY:______________________
Anita Joshi
BY: ______________________
Shannon Minnaar
Attest:
_________________________________
Jacob Quinn / Clerk
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
Subscribed and sworn to before me, A Notary Public this ____day of _______________ 202 __.
_________________________________
Notary Public of Hamilton County
My Commission Expires:
________________________
Page 2 of 2
EXHIBIT “A”
VERNON ASHER DRAIN
Pedcor Community Development Corporation 17-13-02-00-00-014.001
110 E 111th Street
Carmel, Indiana 46280
City of Carmel 111th Street R/W
Department of Administration
One Civic Square
Carmel, Indiana 46032
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