HomeMy WebLinkAbout08.19.24 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, AUGUST 19, 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 a. Introduction of New Carmel Police Department K-9’s Jax and Archie 6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 8. CONSENT AGENDA
a. Approval of Minutes 1. August 5, 2024 Regular Meeting
b. Claims 1. Payroll - $3,775,341.40 (7/26/24 payroll) and $3,672,295.25 (8/9/24 payroll)
2. General Claims - $3,441,692.24 and $32,852.18 (purchase card) 3. Retirement - $110,705.10 4. Wire Transfers - $7,214,203.06 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)
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e. Carmel Cable and Telecommunications Commission (Bi-annual – April, October)
f. Economic Development Commission (Bi-annual – February, August) g. Library Board (Annual – February) h. Ethics Board (Annual – February) i. Parks Department (Quarterly – February, May, August, November)
j. Climate Action Advisory Committee (Quarterly – March, June, September, December)
k. Water Utility Bond Restructuring/Refinancing Summary Report l. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS
a. Sixteenth 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. Sent to the Finance, Utilities and Rules
Committee.
Synopsis:
Establishes a speed limit of 20 miles per hour within roundabouts.
b. Second Reading of Ordinance D-2719-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment
Revenue Bonds to Support the Proscenium III Project, and Authorizing and Approving Other Actions in Respect Thereto; Sponsor: Councilor Aasen. Sent to the Finance, Utilities and Rules Committee. Synopsis: Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, Indiana, to finance improvements to support the development of the Proscenium III Project.
13. NEW BUSINESS a. First Reading of Ordinance D-2726-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal Agreement;
Sponsor(s): Councilor(s) Snyder and Taylor. Synopsis: Third Amendment to Interlocal Cooperation Agreement
b. First Reading of Ordinance D-2727-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Repealing Ordinance D-293, As Amended, and Removing Chapter 2, Article 2, Section 21 from the Carmel City Code; Sponsor: Councilor Snyder. Synopsis:
Repeals Ordinance D-293, as amended, and abolishes the Carmel Cable and
Telecommunications Commission.
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c. First Reading of Ordinance D-2728-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 of the Carmel City Code; Sponsor: Councilor Snyder. Synopsis:
Ordinance amends the order of business for the Carmel Common Council agenda by
removing Cable and Telecommunications Commission’s annual reports. 14. AGENDA ADD-ON ITEMS
15. OTHER BUSINESS
16. ANNOUNCEMENTS 17. ADJOURNMENT
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COMMON COUNCIL
MEETING MINUTES
MONDAY, AUGUST 5, 2024 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
MEETING CALLED TO ORDER
Council Vice-President Adam Aasen; Council Members: Jeff Worrell, Ryan Locke, Rich Taylor, Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon Minnaar and Deputy Clerk Jessica Komp were present. Council President Anthony Green was not present. Council Vice-President Aasen called the meeting to order at 6:00 p.m. AGENDA APPROVAL Councilor Snyder moved that the agenda be re-ordered to move Ordinance Z-692-24 from Item 14.c. to Item 12.a. Councilor Taylor seconded. There was no discussion. Council Vice-President Aasen called for
the vote. Motion to re-order the agenda approved 8-0. Councilor Taylor made a motion to approve the re-ordered agenda. Councilor Ayers seconded. The re-ordered agenda was approved unanimously. INVOCATION
Chaplain George Davis of the Carmel Police Department delivered the Invocation. Thorpe Creek Elementary 3rd grader Layla Halvorson led the pledge of allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Police Chief Drake Sterling introduced seven new Carmel Police Officers, Kaitlyn Colgate, Victoria Simmons, Bailey Boyd, Brian Vasquez, Andrew Gordon, Cameron Miller and Tawk Hnin Thang. The new officers were sworn in by Mayor Finkam. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL Jill Meisenheimer spoke in opposition to Ordinance Z-692-24. Ms. Meisenheimer stated that she hoped this item would be sent to committee for more discussion. She stated that since The GOAT Tavern was not named in the agenda, citizens might not know which property is being referred to. She would also like
for it to be made easier for citizens to sign up to receive agendas for city meetings. Ms. Meisenheimer also felt that the establishment should commit to not stay open later than 12:00 a.m. on weeknights and 1:00 a.m. on weekends, and to limit hours that outdoor speakers could be used. She would like to see a DORA enact set hours for establishments to stay open, and she would like the Council to discuss what recourse neighbors of The GOAT would have if current commitments are terminated, and issues return.
Jane Fleck spoke in favor of Ordinance Z-692-24, stating that as a neighbor to The GOAT, she has not recently been bothered by noise coming from the restaurant, even when the restaurant is full. She anticipates that when the windows are opened and patrons are dining outside, the noise will not become a nuisance, as it had been before the commitments in question were made. She also stated that Kevin Paul
has agreed to reconstruct the fence between The GOAT and Ms. Fleck’s property once the depot’s
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construction has been completed. She stated that Mr. Paul has done a good job of keeping his commitment and she expects that once the restrictions are lifted, he will continue to be a good neighbor. Nancy Tatum stated that she would like to see the Carmel City Council follow suit with the Indianapolis
City Council and protect our urban forests. She would like Carmel to institute a curb-side leaf pickup
program so that leaves can be raked into the street as Noblesville has done. Ms. Tatum is concerned about motorized bikes speeding through neighborhoods, disregarding traffic signs. She also stated that she thinks there are too many apartments in Carmel.
Mark Hall spoke in favor of Ordinance D-2725-24. Mr. Hall is the Vice President of the Hamilton County
Regional Development Commission and a Hamilton County Councilor. He asked the Council to pass this ordinance tonight, as the TIF dollars are what will make this very important project possible. Carmel Police Chief Drake Sterling spoke in favor of Ordinance D-2725-24. Chief Sterling believes that
this investment will help bring training up to national standards so that we may continue to have fantastic
public safety in Hamilton County. Sheriff Dennis Quakenbush spoke in favor of Ordinance D-2725-24. Sheriff Quakenbush stated that this training facility will offer the highest level of technology, and will allow the public safety units of the
different cities within Hamilton County to partner together.
Tony Murray, Noblesville firefighter and paramedic, spoke in favor of Ordinance D-2725-24. Mr. Murray believes that we are at a time when this facility is needed so that training can be updated and adapted to best fit the changing needs of fighting fires in mid-rise and high-rise buildings.
Tim Fagin spoke in favor of Ordinance D-2725-24. Mr. Fagin is a Carmel firefighter and paramedic as well as a Carmel S.W.A.T. paramedic, and he believes that every public safety department will benefit from this training facility.
Sean Sutton, Training and Safety Chief for the Carmel Fire Department, spoke in favor of Ordinance D-
2725-24. Chief Sutton stated that this training facility will provide the opportunity for live fire safety training, which is especially important to adapt fire-fighting practices for mid and high-rise buildings. Sue Maki, Hamilton County Councilor At-Large, spoke in favor of Ordinance D-2725-24. Ms. Maki
stated that her constituents, the citizens of Hamilton County, overwhelmingly support the building of this
public safety training center. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
Layla Halvorson, third grader at Thorpe Creek Elementary School, gave the Mayor’s Report to Council.
The Mayor reports that the Fire Chief search has been narrowed down to finalists, and she hopes to have an announcement within the next two weeks. The next Housing Task Force meeting is solely for the work group to meet and discuss ideas, on Thursday, August 8th, at 7:30 a.m. The budget is progressing, the city leaders did a great job prioritizing requests. Budget requests exceeded the available revenue. The Mayor
and CFO are meeting with department leaders to work through those requests. The City will soon be making an announcement regarding its banking RFP. The Indy Chamber is hosting a spotlight on Carmel at the Hotel Carmichael on August 16th, tickets are just $15.00. The Mayor would like to thank Councilor Matt Snyder for chairing the Commission on Veterans and Military Families, and Councilor Rich Taylor for chairing the Commission on Senior Living. The commission members have been selected and will be
announced this week.
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Councilor Taylor stated that the first meeting of the Mayor’s Advisory Commission on Senior Living will take place on Wednesday, August 28, 2024, at 5:30 p.m. in Council Chambers. CONSENT AGENDA
Councilor Snyder moved to approve the consent agenda. Councilor Minnaar seconded. There was no discussion. Council Vice President Aasen called for the vote. The consent agenda was approved 8-0. a. Approval of Minutes
1. July 15, 2024 Regular Meeting b. Claims
1. Payroll - $3,715,897.86 2. General Claims - $4,665,236.84 ACTION ON MAYORAL VETOES
There were none. COMMITTEE REPORTS
Councilor Worrell reported that the Finance, Utilities and Rules Committee had not met since the last Council meeting. The Finance Committee will have one item on its agenda for the Tuesday, August 13th meeting, Ordinance D-2719-24, the “Proscenium III” ordinance. The Finance, Utilities and Rules Committee meets at 6:00 p.m. in Council Chambers.
Councilor Snyder reported that the Land Use and Special Studies Committee met on July 17th at the Carmel Clay Public Library to discuss the DORA. The ordinances pertaining to the DORA will be coming back from committee tonight and will be discussed later in this meeting. OTHER REPORTS
The Carmel Redevelopment Commission’s monthly report was given by Director Henry Mestetsky. The Wren and The Windsor buildings continue their progress. The plans for the Tavern on the Green at the Proscenium continue to move forward. 1st on Main is generally open, the condos are currently under
construction. The Magnolia has its third elevator up. The Muse is close to announcing its retail tenants.
The Signature’s tenants are all in, and there is a vegetable garden on the north side of that property. The Civic Square condos are currently in design, those should start early next year. The headquarters space for Republic Airways at Hamilton Crossing is currently under construction. Lots of headquarters are moving from Indy to the 111 S. Rangeline building. Icon on Main is moving forward, the last part of construction will be the public plaza. The public is invited to a beam-signing event at the Carmel Clay Historical
Society on Thursday, August 8th at 10:00 a.m. Councilor Snyder also announced that the dedication and grand opening of the Carmel Clay Building which houses the Carmel Fire Department Headquarters, and the Fire Buffs Museum will be on August
15th at 6:00 p.m.
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OLD BUSINESS Council Vice President Aasen announced the first reading of Ordinance Z-692-24; An Ordinance of the Common Council of the City of Carmel, Indiana, to Modify or Terminate the Commitments recorded on
220 2nd Street SW; Sponsor(s): Councilor(s) Snyder, Green, Aasen and Taylor. Councilor Minnaar made a
motion to introduce. Councilor Snyder seconded. Councilor Snyder presented the item to Council. Councilor Snyder shared that it was important to address this issue before voting on the DORA, as all participating DORA establishments should have to play by the same rules. Several years ago, during the pandemic, restrictions were placed on this parcel, which houses the establishment known as The GOAT.
However, these restrictions are now prohibiting this establishment from competing on a level playing
field with neighboring restaurants. Councilor Snyder read a statement from Alan Cohen, whose property is adjacent to The GOAT, who now supports the restrictions being lifted . Dave Coots, legal representative for the landowner, Kevin Paul of Tomahawk Holdings, then spoke to Council about the difference between The GOAT as it operated when these restrictions were put in place, and The GOAT as
it has operated since being renovated and reopened. The building is different, the outdoor games area has
been eliminated, leaving only outdoor dining along the Monon. There are no outdoor speakers, nor are there plans to install any. Mr. Paul is willing to comply with the hours of operation standards that will be established for all restaurants in the district. The current restriction of ending outdoor dining past 7:00 p.m. has made The GOAT the only restaurant along the Monon required to end outdoor service early,
which has resulted in The GOAT losing business to its neighbors.
Councilor Taylor stated that he spoke with Mr. Cohen, who reiterated that Mr. Paul has made the needed changes, and has been a good neighbor, doing everything he committed to do to rectify the issues that took place during the pandemic. Councilor Taylor stated that he felt comfortable supporting the lifting of the restrictions with the hours of operation being midnight on weekdays and 1:00 am on weeknights.
Councilor Worrell asked Mr. Coots to confirm the hours of operation that The GOAT would now adhere to, which he did. Councilor Worrell stated that he felt comfortable with the response from the neighboring homeowners, Mr. Cohen and Mrs. Fleck, and that he felt comfortable with the new hours of operation. Councilor Locke asked Mr. Coots to review how we got into this situation with The GOAT. Mr. Coots shared that when The GOAT opened, it was taking the place of a previous family café that was only open
until 2:30 p.m. When Mr. Paul was granted the permit to operate The GOAT, it was basically unrestricted. He invested a great deal to create the establishment, and then the issues came along with the late-night clientele that were disruptive. This is when city enforcement got involved. After a variance process did not yield results, Mr. Paul sought a change in zoning, but in order to get the rezone approved, these commitments were required. Mr. Paul has lived up to all of those commitments. If noise offenses
were to occur again, this could be handled through the Department of Community Services and the Carmel Police Department. But based on how The GOAT has operated over the last two years, there is no indication that this will become a problem again. Councilor Worrell asked about what recourse the city would have should we have bad behaviors again. City Attorney Sergey Grechukhin answered that we could not revoke their liquor license, but there are many mechanisms the city has, such as the noise
ordinance, general nuisance ordinance, and criminal code. Also, if the DORA ordinance passes, this will add another layer of regulations. Councilor Minnaar stated that she feels the commitments have been upheld, and that removing them is a reasonable ask at this time. Councilor Joshi stated that she is glad that the neighbors of The GOAT have been satisfied with the changes that were made, but she wants to make
sure that this bad behavior does not happen again. She feels that the recourse the city has should satisfy
that. Council Snyder made a motion to suspend the rules to vote on this tonight, Councilor Taylor seconded. There was no discussion. Council Vice President Aasen called for the vote. Motion to suspend the rules approved 8-0. Councilor Snyder moved to amend the ordinance to include the hours of operation to be no later than midnight on weekdays and 1:00 a.m. on Fridays and Saturdays. Councilor Worrell
seconded. There was no discussion. Council Vice President Aasen called for the vote. Motion to amend
approved 8-0. Councilor Snyder thanked everyone for their work on this amendment, as it is important
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that our small businesses are all on the same playing field. Council Vice President Aasen stated that he was admittedly tough on The GOAT when all of this happened, and the restrictions that were placed were necessary to mitigate what had been happening. But he gives credit to Kevin Paul for upholding his end of the bargain and creating a completely different environment at the newly renovated establishment. For the
reasons discussed tonight, he is in support of this amendment. Councilor Taylor moved to approve the
ordinance as amended. Councilor Minnaar seconded. There was no discussion. Council Vice President Aasen called for the vote. Motion to approve Ordinance Z-692-24 as amended approved 8-0. Council Vice President Aasen announced the fifteenth 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. This remains in the Finance, Utilities and Rules Committee. Council Vice President Aasen announced the third 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, Aasen, Ayers and Taylor. This ordinance returned from the Land Use and Special Studies Committee. Councilor Snyder explained that this ordinance would lift the ban of alcoholic drinks along the Monon Trail throughout the proposed DORA district, which would be necessary for the DORA to be instituted. Councilor Snyder then moved to approve the
ordinance. Councilor Ayers seconded. There was no discussion. Council Vice President Aasen called for
the vote. Ordinance D-2716-24 approved 6-2. Council Vice President Aasen announced the third 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): Worrell, Snyder, Aasen, Ayers and Taylor. This returns from the Land Use and Special
Studies Committee with a 3-1 favorable recommendation, with the stipulation that a DORA committee be established, which will be required to meet a minimum of two times per year. The public may present any issues of concern to said committee. There will be three appointments from the City Council with one being a DORA permit holder, two appointments from the Mayor’s office, one appointment from CCPR, one appointment from CPD (a sworn officer), and one appointment from the Carmel Street Department.
All of the appointees must be Carmel residents. The majority of signage within the DORA will be on the sidewalk, so as to decrease sign pollution. The hours shall be Friday and Saturday from 11:00 a.m. – 11:00 p.m., Monday through Thursday from 5:00 p.m. to 10:00 p.m., and Sunday from 11:00 a.m. to 9:00 p.m. The only exceptions to this would be city-wide events such as CarmelFest, Late Night on Main, etc. The committee has also recommended a $250 fine to those in violation of the DORA ordinance. The map
was also adjusted to eliminate a small area of residential properties. Lastly, the committee decided that permittees will use stickers to designate DORA cups. City attorney Sergey Grechuckhin also added that the Council will have final approval of the stickers and signage design, the BPW will be the local approving body, and that there are now 12 DORA applicants. He also explained that each business within the DORA (regardless of whether or not it is a designated DORA permittee) can decide whether or not
they will allow patrons to enter with DORA cups obtained elsewhere. Councilor Taylor voted to amend the ordinance. Councilor Minnaar seconded. There was no discussion. Council Vice President called for the vote. Motion to amend approved 8-0.
Councilor Locke asked for a clarification between temporary vendors and designated permittees. He also asked if this ordinance meant that events such as Gazebo concerts would now require that all alcohol be purchased within the DORA instead of brought from home, and Mr. Grechukhin answered yes. Mr. Grechuckhin also recommended that the ordinance be amended to require the legal department to finalize the DORA map with depictions of where the permittees are located. Councilor Taylor moved to amend
the ordinance to include this requirement. Councilor Snyder seconded. There was no discussion. Council
Vice President Aasen called for the vote. Motion to amend approved 8-0.
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Councilor Joshi stated that she has a hard time supporting an ordinance that takes away a right that the public used to have, but then telling the public that it won’t be enforced. Councilors Snyder and Aasen responded that the police will enforce it, but at their own discretion. Councilor Taylor asked if there could be a work-around for gazebo concerts by requesting the allowance of outside alcohol when the facility use
request comes to the BPW. Mr. Grechuckhin stated that this could not happen, as statute clearly states
that outside alcohol cannot be consumed within the DORA. Councilor Snyder made a motion to approve the ordinance as amended. Councilor Taylor seconded. There was no further discussion. Council Vice President called for the vote. Ordinance D-2718-24 approved 7-1.
Council Vice President Aasen announced the second reading of Ordinance D-2719-24; An Ordinance of
the Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax Increment Revenue Bonds to Support the Proscenium III Project, and Authorizing and Approving Other Actions in Respect Thereto; Sponsor: Aasen. This item remains in the Finance Utilities and Rules Committee.
PUBLIC HEARINGS Council Vice President Aasen announced the first reading of Ordinance D-2722-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional
Appropriation of Funds from the Operating Balance of the General Fund to the 2024 Department of
Community Services Budget; Sponsor: Councilor Worrell. Councilor Worrell made a motion to introduce. Councilor Taylor seconded. Councilor Worrell introduced the item into business, explaining that this is a reimbursement of funds to be moved from the General Fund so that they can be used. Council Vice President Aasen then opened the public hearing at 7:55:27 p.m. Seeing no one who wished to address the Council, Councilor Aasen closed the public hearing at 7:55:39 p.m. Councilor Taylor
motioned to suspend the rules and act on this tonight. Councilor Snyder seconded. There was no discussion. Council Vice President Aasen called for the vote. Motion to suspend the rules approved 8-0. Councilor Minnaar made a motion to approve. Councilor Taylor seconded. There was no discussion. Motion to approve Ordinance D-2722-24 approved 8-0. NEW BUSINESS Council Vice President Aasen announced the first reading of Ordinance D-2724-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 9, Article 5 Section 9-193 to the
Carmel City Code; Sponsor: Councilor Joshi. Councilor Joshi made a motion to introduce. Councilor
Snyder seconded. Councilor Joshi introduced the item into business. This issue was brought to her attention by multiple constituents who ran into issues inadvertently cutting through telecom, cable, coaxial, or fiber optic wires doing simple yard work, such as planting flowers. There is a telecom industry standard of burying cables a minimum of six inches deep, but the installers being hired are not following the protocol. This ordinance attempts to regulate installers, contractors and sub-contractors to follow the
correct procedures. Councilor Joshi publicly thanked Councilor Minnaar for her help in working on this ordinance. Councilor Snyder moved to suspend the rules and act on this tonight. Councilor Minnaar seconded. There was no discussion. Council Vice President Aasen called for the vote. Motion to suspend the rules approved 8-0. Councilor Joshi moved to approve. Councilor Minnaar seconded. There was no
discussion. Council Vice President Aasen called for the vote. Ordinance D-2724-24 approved 8-0. Council Vice President Aasen announced the first reading of Ordinance D-2725-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Consenting to Hamilton County, Indiana’s Use of Allocated Property Tax Proceeds from the 96th Street – U.S. 421 Allocation Area to the Payment of Bonds
or Lease Rentals used for Financing a Public Safety Training Facility; Sponsor: Councilor Taylor.
Councilor Taylor moved to introduce. Councilor Joshi seconded. Councilor Taylor introduced the item
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into business. Carmel Fire Fighter and Hamilton County Councilor Tim Griffin presented the ordinance to Council, sharing how the training center that will be built with this financing will change the way the public safety departments of Hamilton County are able to train. Councilor Taylor explained that the TIF from this allocation area performed far better than was expected, which is how these funds are available to
be used for this purpose. The facility will have approximately 20,000 square feet for fire safety training,
classrooms to hold 250 firefighters and EMT’s, a 4-story fire training burn tower, a 20,000 square foot police and safety training facility, a tactics training room, a classroom to hold 100 police officers, an outdoor firing range with upgrades not found at local ranges, and a 14,000 square foot EMA training facility. This facility will allow cross-training amongst the different public safety responders throughout
the county. The City of Westfield will be donating 110 acres to this project. Noblesville will be waiving
all fees required to design, permit and connect to utilities for this project. Councilor Minnaar voiced her support for this project. Councilor Locke asked for confirmation that our county fire and police departments would have first access to this facility and Councilor Griffin confirmed that they would. Oscar Gutierrez, Municipal Advisor to the Hamilton County Redevelopment Commission, explained the
structure of this Hamilton County TIF, which they are asking to issue debt against. Councilor Worrell
stated that it would be an honor to vote yes on this. Councilors Snyder and Joshi also voiced their support for this ordinance. Mayor Sue Finkam also voiced her support of this project, and her thanks to this current Hamilton County Council, and to all of the county’s fire and police departments for their support. Councilor Snyder moved to suspend the rules and vote on this tonight. Councilor Taylor seconded. There
was no discussion. Council Vice President Aasen called for the vote. Motion to suspend the rules
approved 8-0. Councilor Minnaar moved to approve, Councilor Joshi seconded. There was no discussion. Council President Aasen called for the vote. Ordinance D-2725-24 approved 8-0. AGENDA ADD-ONS There were none.
OTHER BUSINESS There was none. ANNOUNCEMENTS
There were none. ADJOURNMENT
Council Vice President Aasen adjourned the meeting at 8:29 p.m.
Respectfully Submitted, _______________________________ Jacob Quinn, Clerk
Approved,
ATTEST: _______________________________ Anthony Green, Council President _______________________________ Jacob Quinn, Clerk
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
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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
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Synopsis: Establishes a speed limit of 20 miles per hour within roundabouts. 6
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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
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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
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NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 14
Indiana, as follows: 15
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Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17
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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
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Ҥ 8-44 Twenty m.p.h. Speed Limit Within Roundabouts. 22
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No person shall drive a motor vehicle in excess of twenty (20) miles per hour within a 24
roundabout.” 25
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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
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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
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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
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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
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Ordinance D-2696-23 46
Page One of Two 47
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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
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COMMON COUNCIL FOR THE CITY OF CARMEL 52
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Adam Aasen
____________________________________ Teresa Ayers
____________________________________
Ryan Locke
___________________________________ Rich Taylor65
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___________________________________ Anthony Green
___________________________________ Jeff Worrell
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Shannon Minnaar
___________________________________ Matthew Taylor
___________________________________ Anita Joshi
ATTEST:
__________________________________ Jacob Quinn, Clerk73
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75 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2024, at _______ __.M.76
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78 ____________________________________ Jacob Quinn, Clerk79
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81 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day
of ________________________ 2024, at _______ __.M.82
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84 ____________________________________ Sue Finkam, Mayor85
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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.
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Sponsor: Councilor Aasen 1
ORDINANCE D-2719-24 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE 3
CITY OF CARMEL, INDIANA, AUTHORIZING THE 4 ISSUANCE OF ECONOMIC DEVELOPMENT TAX 5 INCREMENT REVENUE BONDS TO SUPPORT THE 6 PROSCENIUM III PROJECT, AND AUTHORIZING AND 7
APPROVING OTHER ACTIONS IN RESPECT THERETO 8
Synopsis: 9
Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, 10 Indiana, to finance improvements to support the development of the Proscenium III Project. 11
WHEREAS, the City of Carmel, Indiana (the “City”), is a municipal corporation and 12
political subdivision of the State of Indiana and by virtue of I.C. 36-7-11.9 and I.C. 36-7-12 13
(collectively, the “Act”), is authorized and empowered to adopt this ordinance (this “Bond 14 Ordinance”) and to carry out its provisions; 15
WHEREAS, Novo Development Group, LLC or an affiliate thereof (the “Company”), 16 desires to finance the design and construction of certain improvements described in Exhibit A 17
hereto which are located in the Integrated 126th Street Corridor Economic Development Area 18
(collectively, the “Projects”); 19
WHEREAS, the Company has advised the City of Carmel Economic Development 20 Commission (the “Commission”) and the City that it proposes that the City issue its taxable or 21 tax-exempt Economic Development Tax Increment Revenue Bonds, Series 20__ (Proscenium III 22
Project), in one or more series (with such different or additional series designation determined to 23
be necessary or appropriate) in an aggregate amount not to exceed Nineteen Million Dollars 24 ($19,000,000) (the “Bonds”), under the Act and provide the proceeds of such Bonds to the 25 Company for the purpose of financing the Projects; 26
WHEREAS, the completion of the Projects results in the diversification of industry, the 27
creation of jobs and the creation of business opportunities in the City; 28
WHEREAS, pursuant to I.C. § 36-7-12-24, the Commission published notice of a public 29 hearing (the “Public Hearing”) on the proposed issuance of the Bonds to finance the Projects; 30
WHEREAS, on the date specified in the notice of the Public Hearing, the Commission 31 held the Public Hearing on the Projects; and 32
WHEREAS, the Commission has performed all actions required of it by the Act 33
preliminary to the adoption of this Bond Ordinance and has approved and forwarded to the 34 Common Council the forms of: (1) a Financing Agreement between the City and the Company 35 (the “Financing Agreement”); (2) a Trust Indenture between a trustee to be selected by the 36 Controller of the City (the “Trustee”) and the City (the “Indenture”); (3) the Bonds; and (4) this 37
2
Bond Ordinance (the Financing Agreement, the Indenture, the Bonds, and this Bond Ordinance, 38 collectively, the “Financing Agreements”); 39
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 40
CITY OF CARMEL, INDIANA, THAT: 41
Section 1. Findings; Public Benefits. The Common Council hereby finds and 42 determines that the Projects involve the acquisition, construction and equipping of an 43 “economic development facility” as that phrase is used in the Act; that the Projects will 44
increase employment opportunities and increase diversification of economic development 45
in the City, will improve and promote the economic stability, development and welfare in 46 the City, will encourage and promote the expansion of industry, trade and commerce in 47 the City and the location of other new industries in the City; that the public benefits to be 48 accomplished by this Bond Ordinance, in tending to overcome insufficient employment 49
opportunities and insufficient diversification of industry, are greater than the cost of 50
public services (as that phrase is used in the Act) which will be required by the Projects; 51 and, therefore, that the financing of the Projects by the issue of the Bonds under the Act: 52 (i) will be of benefit to the health and general welfare of the City; and (ii) complies with 53 the Act. 54
Section 2. Approval of Financing. The proposed financing of the Projects by 55
the issuance of the Bonds under the Act, in the form that such financing was approved by 56 the Commission, is hereby approved. 57
Section 3. Authorization of the Bonds. The issuance of the Bonds, payable 58 solely from revenues and receipts derived from the Financing Agreements, is hereby 59
authorized. 60
Section 4. Terms of the Bonds. (a) The Bonds, in the aggregate principal 61 amount not to exceed Nineteen Million Dollars ($19,000,000), shall (i) be executed at or 62 prior to the closing date by the manual or facsimile signatures of the Mayor and the Clerk 63 of the City; (ii) be dated as of the date of their delivery; (iii) for each series of the Bonds, 64
mature on a date not later than twenty-five years after the date of the first draw of 65
principal on such series of the Bonds; (iv) bear interest at such rates as determined with 66 the purchaser thereof (the “Purchaser”) in an amount not to exceed nine percent (9.00%) 67 per annum, with such interest payable as provided in the Financing Agreements, and 68 which interest may be taxable or tax-exempt, as determined by the Mayor and the 69
Controller of the City, with the advice of the City’s bond counsel, prior to the issuance of 70
the Bonds; (v) be issuable in such denominations as set forth in the Financing 71 Agreements; (vi) be issuable only in fully registered form; (vii) be subject to registration 72 on the bond register as provided in the Indenture; (viii) be payable in lawful money of the 73 United States of America; (ix) be payable at an office of the Trustee as provided in the 74
Indenture; (x) be subject to optional redemption prior to maturity and subject to 75
redemption as otherwise provided in the Financing Agreements; (xi) be issued in one or 76 more series; and (xii) contain such other terms and provisions as may be provided in the 77 Financing Agreements. 78
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(b) The Bonds and the interest thereon do not and shall never constitute an 79 indebtedness of, or a charge against the general credit or taxing power of, the City, but 80
shall be special and limited obligations of the City, payable solely from revenues and 81
other amounts derived from the Financing Agreements. Forms of the Financing 82 Agreements are before this meeting and are by this reference incorporated in this Bond 83 Ordinance, and the Clerk of the City is hereby directed, in the name and on behalf of the 84 City, to insert them into the minutes of the Common Council and to keep them on file. 85
Section 5. Sale of the Bonds. The Mayor is hereby authorized and directed, 86
in the name and on behalf of the City, to sell the Bonds to the Purchaser at such prices as 87 are determined on the date of sale and approved by the Mayor of the City. 88
Section 6. Execution and Delivery of Financing Agreements. The Mayor and 89 the Clerk of the City are hereby authorized and directed, in the name and on behalf of the 90
City, to execute or endorse and deliver the Financing Agreement, the Indenture, and the 91
Bonds, submitted to the Common Council, which are hereby approved in all respects. 92
Section 7. Changes in Financing Agreements. The Mayor and the Clerk of 93 the City are hereby authorized, in the name and on behalf of the City, without further 94 approval of the Common Council or the Commission, to approve such changes in the 95
Financing Agreements as may be permitted by Act, such approval to be conclusively 96
evidenced by their execution thereof. 97
Section 8. Reimbursement from Bond Proceeds. The City hereby declares its 98 intent to issue the Bonds for the purpose of financing the Projects, which Bonds will not 99 exceed $19,000,000, and pursuant to Treas. Reg. §1.150-2 and IC 5-1-14-6(c), to 100
reimburse costs of the Projects (including costs of issuing the Bonds) from proceeds of 101
the sale of such Bonds. 102
Section 9. General. The Mayor and any other officer of the City, and each of 103 them, are hereby authorized and directed, in the name and on behalf of the City, to 104 execute or endorse any and all agreements, documents and instruments, perform any and 105
all acts, approve any and all matters, and do any and all other things deemed by them, or 106
either of them, to be necessary or desirable in order to carry out and comply with the 107 intent, conditions and purposes of this Bond Ordinance (including the preambles hereto 108 and the documents mentioned herein), the Projects, the issuance and sale of the Bonds, 109 and the securing of the Bonds under the Financing Agreements, and any such execution, 110
endorsement, performance or doing of other things heretofore effected be, and hereby is, 111
ratified and approved. 112
Section 10. Binding Effect. The provisions of this Bond Ordinance and the 113 Financing Agreements shall constitute a binding contract between the City and the 114 holders of the Bonds, and after issuance of the Bonds this Bond Ordinance shall not be 115
repealed or amended in any respect which would adversely affect the rights of the holders 116
of the Bonds as long as the Bonds or interest thereon remains unpaid. 117
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Section 11. Repeal. All ordinances or parts of ordinances in conflict herewith 118 are hereby repealed. 119
Section 12. Effective Date. This Bond Ordinance shall be in full force and 120
effect immediately upon adoption and compliance with I.C. § 36-4-6-14. 121
Section 13. Copies of Financing Agreements on File. Two copies of the 122 Financing Agreements incorporated into this Bond Ordinance were duly filed in the 123 office of the Clerk of the City, and are available for public inspection in accordance with 124
I.C. § 36-1-5-4. 125
PASSED by the Common Council of the City of Carmel, this _____ day of _____________, 126 2024, by a vote of ______ ayes and _____ nays. 127 128 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 129
130
___________________________________ 131 Anthony Green, President Adam Aasen, Vice-President 132 133 ___________________________________ ____________________________________ 134
Teresa Ayers Anita Joshi 135
136 ___________________________________ ____________________________________ 137 Ryan Locke Shannon Minnaar 138 139
___________________________________ ___________________________________ 140
Matt Snyder Rich Taylor 141 142 ___________________________________ 143 Jeff Worrell 144
145
ATTEST: 146 147 __________________________________ 148 Jacob Quinn, Clerk 149
150
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 151 _________________________ 2024, at _______ __.M. 152 153 ____________________________________ 154
Jacob Quinn, Clerk 155
156 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 157 ________________________ 2024, at _______ __.M. 158 159
_________________________________ 160
Sue Finkam, Mayor 161
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162 ATTEST: 163
164
___________________________________ 165 Jacob Quinn, Clerk 166 167 168
Prepared by: Bradley J. Bingham 169 Barnes & Thornburg LLP 170 11 South Meridian Street 171 Indianapolis, IN 46204 172 173
6
EXHIBIT A 174
DESCRIPTION OF THE PROJECTS 175
All or any portion of the design and construction of infrastructure improvements, 176
including but not limited to storm water improvements, utilities relocation, road improvements 177 and structured parking costs to support a mixed use project development in the Integrated 126th 178 Street Corridor Development Area consisting of office, hotel, multifamily and retail components, 179 together with a podium parking structure open to the public. 180
DMS 43579281.2 181
SPONSOR(S): Taylor, Snyder
ORDINANCE NO. D-2726-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING A THIRD AMENDMENT
TO INTERLOCAL AGREEMENT THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT This Third Amendment to Interlocal Cooperation Agreement (“Third Amendment”) is by
and between the City of Carmel, Indiana (the “City”) and Clay Township of Hamilton County,
Indiana (the “Township”), and shall be effective upon its adoption by the legislative body of both the City and the Township and recording with the Hamilton County Recorder. WHEREAS, the City and Township entered into a certain Interlocal Cooperation
Agreement adopted by the Township by Resolution and by the City under Ordinance No. D-1603-
02 dated July 26, 2002 (the “Original Agreement”) to provide joint park and recreation services to the residents of the City and the Township through the Carmel/Clay Board of Parks and Recreation (the “Joint Board”); and
WHEREAS, the Original Agreement was amended by an Amendment to Interlocal
Agreement adopted by the Township by Resolution and by the City under Ordinance D-1740-04 dated February 7. 2005 (the “First Amendment”) which provided, among other things, for the adjustment of the size and composition of the Joint Board and the payment by the Township of certain County Option Income Tax funds, now referred to as Local Income Tax (“LIT”) funds to
capital projects approved by the Joint Board; and
WHEREAS, the Original Agreement was further amended by a Second Amendment to Interlocal Agreement adopted by the Township by Resolution and by the City under Ordinance D-1998-10 dated July 2, 2010 (the “Second Amendment”), which expanded authorized expenditures
for the LIT received by the Township (the Original Agreement, the First Amendment and the
Second Amendment collectively the “Amended Agreement”); and WHEREAS, the Township entered into a certain lease dated January 20, 2004, as amended, by and between the Township and the Carmel/Clay Board of Parks and Recreation (the
“Lease”) to provide for the financing of the Carmel Clay Central Park and Monon Center Project;
and WHEREAS, the Amended Agreement provides that upon the Township’s final Lease payment for the Central Park Lease-Rental Bonds scheduled to be made on January 15, 2025, the
Township’s appointments to the Joint Board are automatically terminated and the Township’s
participation in the Joint Board terminates; and WHEREAS, the Township has demonstrated its commitment to the joint parks undertaking with the City by issuing bonds to finance projects for the Joint Board including the
following: Clay Township General Obligation Bonds, Series 2019B through H and Series 2019J
and K in a total principal amount of $30,917,690.10; Clay Township General Obligation Bonds Ordinance D-2726-24
Page One of Four
2
Series 2020A in the principal amount of $3,530,000.00; and Clay Township General Obligation Bonds, Series 2022 in the principal amount of $3,100,000 (Parks Related Only), all as further described in Exhibit A attached hereto which bonds are payable solely by the Township for the benefit of the Joint Board through January 15, 2042 (collectively the “Bond Payments”); and
WHEREAS, the Township and City are in ongoing discussions to determine how best to provide necessary long-term funding to support the Joint Board in the future; and WHEREAS, it is in the Carmel and Clay communities’ best interest to maintain the current
size and composition of the Joint Board until a funding solution is determined; and
WHEREAS, the parties desire to revise and amend the Interlocal Cooperation Agreement in accordance with the terms of this Third Amendment.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1. Conditional Revision of Section 2.2. Notwithstanding any other provision of the Amended Agreement, so long as the Township makes timely payments on the outstanding Bond Payments, Section 2.2 of the Agreement shall be revised and amended in its entirety to read as
follows:
2.2 The Joint Board shall consist of nine (9) members appointed or selected as follows: a. Four (4) members of the Joint Board shall be appointed by the Mayor on the basis of their interest and knowledge of parks and recreation and must be
residents of the City. b. Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest and knowledge of parks and recreation and must be residents of the Township. c. One (1) member of the Joint Board shall be appointed by the Board of
Education for Carmel/Clay Schools and must be an elected member thereof. d. No more than two (2) of the Mayor’s appointments to the Joint Board shall be from the same political party. e. No more than two (2) of the Trustee’s appointments to the Joint Board shall be from the same political party.
f. An elected official of the City or Township shall not be eligible to serve as a member of the Joint Board. g. The Mayor and Trustee shall continue to stagger the date of appointment of members serving on the Joint Board in a manner similar to that which exists at the time of adoption of this Amendment and shall maintain records reflecting
the date of appointment and term of each member so appointed. Revised Section 2.2, as set forth above, shall automatically terminate and be of no further force or effect on the first date on which the Township fails to timely pay any portion of the Bond Payments referenced in Exhibit A.
Ordinance D-2726-24 Page Two of Four
3
2. Ratification. In all other respects, and except as amended by this Third Amendment, the parties hereby ratify, approve and continue the Amended Agreement in every way. This Third Amendment shall be incorporated into the terms of the Amended Agreement as if set forth in full therein.
3. Termination. This Third Amendment shall automatically terminate on December 31, 2026 unless revised or extended in writing by the legislative body of the Township and the City.
4. Enforceability. This Third Amendment is entered into pursuant to I.C. 36-1-7, et.
seq., and the same may be amended or supplemented from time to time. The Amendment shall be recorded in the office of the Hamilton County Recorder after approval by the City and the Township, and shall be filed with the State Boad of Accounts for audit purposes, as required by I.C. 36-1-7, and shall not be deemed enforceable and binding until it is recorded with the County
Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an
original and all of which together shall constitute one and the same instrument. Passed, by the Common Council of the City of Carmel, Indiana, this _____ day of __________, 2024, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL OF THE CITY OF CARMEL ________________________________ ______________________________ Anthon Green, President Adam Aasen, Vice President
________________________________ ______________________________ Theresa Ayers Anita Joshi ________________________________ ______________________________ Ryan Locke Shannon Minnnar
________________________________ ______________________________ Matthew Snyder Richard F. Taylor III ________________________________
Jeff Worrell ATTEST: ________________________________
Jacob Quinn, Clerk
Ordinance D-2726-24 Page Three of Four
4
Presented by me to the Mayor of the City of Carmel, Indiana, this _____ day of ____________, 2024, at _____ __M. __________________________________
Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ____________, 2024, at _____ __M.
___________________________________ Sue Finkam, Mayor ATTEST:
___________________________________ Jacob Quinn, Clerk
ALL OF WHICH IS AGREED by and between the Township on the date set forth below.
CLAY TOWNSHIP HAMILTON COUNTY, INDIANA
By: _________________________________ Paul K. Bolin, Chairman
_________________________________
Douglas Callahan, Secretary _________________________________ Mary Eckard, Member
CLAY TOWNSHIP HAMILTON COUNTY, INDIANA
By: __________________________________ Paul Hensel, Township Trustee
Ordinance D-2726-24 Page Four of Four
5
EXHIBIT A List of Clay Township Bonds
Project Bond Series Par Amount Last Payment Date West Park 2019B $4,765,858.85 1/15/2039 Inlow Park 2019C $2,639,928.00 1/15/2039 Meadowlark Park 2019D $4,132,416.05 1/15/2039
Carey Grove Park 2019E $2,080,859.95 1/15/2039
River Heritage Park 2019F $3,070,003.05 1/15/2039 Monon Greenway 2019G $4,754,500.50 1/15/2039 Japanese Gardens 2019H $3,093,925.75 1/15/2039 Flowing Well Park 2019J $1,935,990.20 1/15/2039
Central Park 2019K $4,444,207.55 1/15/2039
106th Street Pedestrian Bridge 2020A $3,530,000.00 7/15/2040
Carter Green Project 2022 $1,700,000.00 1/15/2042 Japanese Outdoor
Structures
2022 $ 600,000.00 1/15/2042
General Parks Projects 2022 $ 800,000.00 1/15/2042 Total: $37,547,689.90
This instrument prepared by and should be returned upon recording to: Brian C. Bosma, Esq.,
Kroger Gardis & Regas, LLP, 111 Monument Circle, Suite 900, Indianapolis, IN 46204-5125 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Brian C. Bosma.
SPONSOR: Councilor Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on August 8, 2024 at 3:09 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
ORDINANCE D-2727-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 REPEALING ORDINANCE D-293, AS AMENDED, AND REMOVING CHAPTER 2, ARTICLE 4 2, SECTION 21 FROM THE CARMEL CITY CODE 5 6 Synopsis: Repeals Ordinance D-293, as amended, and abolishes the Carmel Cable and 7
Telecommunications Commission. 8 9 WHEREAS, the City of Carmel Common Council (the “Council”) previously established the 10 Carmel Cable and Telecommunications Commission (the “Commission”) by adopting Ordinance D-293, 11 as amended; and 12
13 WHEREAS, the Council finds that due to changes in the State law, the Commission no longer can 14 fulfill its intended purpose, and is now obsolete; and 15 16 WHEREAS, the Council now finds that it is appropriate and beneficial to the City to repeal 17
Ordinance D-293, as amended, and corresponding portions of the Carmel City Code. 18
19 NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City 20 of Carmel, Indiana, as follows: 21 22
Section 1. The foregoing Recitals are incorporated herein by this reference. 23
24 Section 2. Previously enacted Ordinance D-293, as amended, is hereby repealed and the Carmel 25 Cable and Telecommunications Commission is hereby abolished. 26 27
Section 3. Chapter 2, Article 2, Section 21 of the Carmel City Code is hereby repealed. 28
29 Section 4. All other current provisions of the Carmel City Code Chapter 2, Article 2 shall remain in 30 full force and effect and are not affected by this Ordinance. 31 32
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 33
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 34 enforcement of same can be given the same effect. 35 36 Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by 37
the Mayor. 38 39 40
[signature page follows] 41 42 43 44 45
Ordinance No. D-2727-24 46
Page One of Two 47
SPONSOR: Councilor Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on August 8, 2024 at 3:09 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
48 49 50 PASSED, by the Common Council of the City of Carmel, Indiana, this day of 51 , 2024, by a vote of ayes and nays. 52 53
COMMON COUNCIL FOR THE CITY OF CARMEL 54
55 56 Anthony Green, President Adam Aasen, Vice-President 57 58
59
Rich Taylor Matthew Snyder 60 61 _____ 62 Jeff Worrell Teresa Ayers 63
64 65 Shannon Minnaar Ryan Locke 66 67 ______________________________ 68
Anita Joshi 69 70 ATTEST: 71 72 ______________________________ 73
Jacob Quinn, Clerk 74 75 Presented by me to the Mayor of the City of Carmel, Indiana this day of 76 2024, at __.M. 77 78
79 Jacob Quinn, Clerk 80 81 Approved by me, Mayor of the City of Carmel, Indiana, this day of 82
2024, at __.M. 83
84 85 Sue Finkam, Mayor 86 87
ATTEST: 88
89 90 Jacob Quinn, Clerk 91 92
Ordinance No. D-2727-24 93
Page Two of Two 94
SPONSOR(S): Councilor Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on August 8, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
ORDINANCE D-2728-24 1
2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, AMENDING CHAPTER 3, ARTICLE 1, DIVISION II, SECTION 3-30 OF 4 THE CARMEL CITY CODE 5 6 Synopsis: Ordinance amends the order of business for the Carmel Common Council 7 agenda by removing Cable and Telecommunications Commission’s annual reports. 8 9 WHEREAS, pursuant to Indiana Code § 36-1-3-4, the Carmel Common Council (the “Common 10
Council”) may adopt its own rules to govern its proceedings; and 11 12 WHEREAS, pursuant to Ordinance D-293, the Cable and Telecommunications Commission has 13 been abolished. 14 15 NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the 16
City of Carmel, Indiana, as follows: 17 18 Section 1. The foregoing Recitals are incorporated herein by this reference. 19 20
Section 2. Section 3-30 of the Carmel City Code is hereby amended and shall read as follows: 21 22 Ҥ 3-30 Order of Business. 23 24 (j) Other Reports Р(at the first meeting of the month specified below): 25 (1) Carmel Redevelopment Commission (Monthly); 26
(2) Carmel Historic Preservation Commission (Quarterly – January, April, July, October); 27 (3) Audit Committee (Bi-Annual May, October); 28 (4) Redevelopment Authority (Bi-Annual – April, October); 29 (5) Carmel Cable and Telecommunications Commission (Bi-annual – April, October); 30
(5) Economic Development Commission (Bi-annual – February, August); 31
(6) Library Board (Annual – February); 32 (7) Ethics Board (Annual – February); 33 (8) Climate Action Advisory Committee (Quarterly – March, June, September, December); 34 (9) All reports designated by the Chair to qualify for placement under this category. 35 36
Section 3. All other current provisions of City Code Section 3-30 shall remain in full force and 37 effect and are not affected by this Ordinance. 38 39 Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or 40
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so 41
long as enforcement of same can be given the same effect. 42 43 Section 5. This Ordinance shall be in full force and effect from and after its passage and signing 44 by the Mayor. 45 46
Ordinance No. D-2728-24 47 Page One of Two 48 49
SPONSOR(S): Councilor Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on August 8, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of 50
________, 2024, by a vote of _____ ayes and _____ nays. 51 52 COMMON COUNCIL FOR THE CITY OF CARMEL 53 54 55
Anthony Green, President Adam Aasen, Vice-President 56 57 58 Rich Taylor Matt Snyder 59
60
______________________________ 61 Jeff Worrell Teresa Ayers 62 63 64 Shannon Minnaar Ryan Locke 65
66 ______________________________ 67 Anita Joshi 68 69
ATTEST: 70
71 ______________________________ 72 Jacob Quinn, Clerk 73 74 Presented by me to the Mayor of the City of Carmel, Indiana this day of 75
_________________________ 2024, at _______ __.M. 76 77 78 Jacob Quinn, Clerk 79
80
Approved by me, Mayor of the City of Carmel, Indiana, this day of 81 ________________________ 2024, at _______ __.M. 82 83 84 85
Sue Finkam, Mayor 86 87 ATTEST: 88 89
90
91 Jacob Quinn, Clerk 92
Ordinance No. D-2728-24
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