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HomeMy WebLinkAbout12.16.24 CC Meeting Paperless Packet1 City of Carmel CARMEL COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 16, 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. December 2, 2024 Regular Meeting b. Claims 1. Payroll - $3,828,530.14 2. General Claims – $3,292,829.46 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) 2 e. Economic Development Commission (Bi-annual – February, August) f. Library Board (Annual – February) g. Ethics Board (Annual – February) h. Parks Department (Quarterly – February, May, August, November) i. Climate Action Advisory Committee (Quarterly – March, June, September, December) j. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS a. Fifth Reading of Ordinance D-2740-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Remains in the Finance, Utilities and Rules Committee. Synopsis: Ordinance clarifying purpose and duties of components of government. b. Fifth Reading of Ordinance D-2741-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Remains in the Finance, Utilities and Rules Committee. Synopsis: Ordinance amending budget procedures of the City of Carmel. c. Petition for Alley/Street Vacation or Order to Remove Obstructions; 40 East Main Street, Carmel, IN 46032; Carmel Library Associates, LLC, Property Owner. Remains in Land Use and Special Studies Committee. d. Second Reading of Ordinance D-2746-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of Funds from the Marketing and Community Relations Budget (#1203) to Line Item 4359000 - Special Projects; Sponsor(s): Councilor(s) Green and Taylor. Held over from 12/02/24 Council Meeting. Synopsis: This ordinance appropriates funds for Prime Life Enrichment Center and Carmel Clay Historical Society’s operations expenses. e. Resolution CC-12-02-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds from the Carmel Police Department Budget (Fund 1100) into the Marketing and Communications Department Budget (Fund 1203); Sponsor(s): Councilor(s) Green and Taylor. Held over from 12/02/24 Council Meeting. Synopsis: Transfers $200,000.00 from the 2024 Carmel Police Department Budget into the 2024 Marketing and Communications Department budget. 3 f. Resolution CC-12-02-24-04; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the Mayor’s Office Budget (#1160); Sponsor(s): Councilor(s) Green and Aasen. Held over from 12/02/24 Council Meeting. Synopsis: Transfers $197,500.00 within the 2024 Mayor’s Office budget. a. Resolution CC-12-02-24-05; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds within the Marketing and Community Relations Department Budget (#1203); Sponsor(s): Councilor(s) Green and Aasen. Held over from 12/02/24 Council Meeting. Synopsis: Transfers $225,000.00 within the 2024 Marketing and Community Relations Department budget. 13. PUBLIC HEARINGS a. First Reading of Ordinance Z-694-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing The Towne 146 Planned Unit Development District; Sponsor: Councilor Minnaar. Synopsis: Ordinance establishes the Towne 146 Planned Unit Development District Ordinance (the “Towne 146 PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit Development district allowing the development of a mixed-residential neighborhood laid out in the style and character as depicted on the Concept Plan (attached as Exhibit B) which includes single-family homes and townhomes. b. First Reading of Ordinance Z-695-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Gramercy Planned Unit Development District (Z-493-06); Sponsor: Councilor Minnaar. Synopsis: Ordinance establishes an Amendment to the Gramercy Planned Unit Development District Ordinance, Ordinance Number Z-493-06 which Amendment shall be referred to as the 2024 Gramercy PUD Amendment Ordinance (the “2024 Gramercy PUD Amendment”). The 2024 Gramercy PUD Amendment amends certain provisions of the original Gramercy PUD Ordinance Number Z-493-06 (as amended), pertaining to the existing conditions, the Development Plan, and building architecture. c. First Reading of Ordinance D-2748-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Human Resources Department #1201 to Line Items 4110000 – Full Time Regular and 4340400 – Consulting Fees; Sponsor: Councilor Green. Synopsis: This ordinance appropriates funds needed for unfunded operational expenses. 4 d. First Reading of Ordinance D-2750-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Health Insurance Medical Escrow Fund (Fund #301) to Line Item 5023990 – Other Expenses; Sponsor: Councilor Green. Synopsis: This ordinance appropriates funds to cover unfunded costs paid for by the Health Insurance Medical Escrow Fund. 14. NEW BUSINESS a. First Reading of Ordinance D-2752-24; An Ordinance of the Common Council of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2025; Sponsor: Councilor Snyder. Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch. b. First Reading of Ordinance D-2753-24; An Ordinance of the Common Council of Carmel, Indiana, Amending Chapter 2, Article 3, Sections 2-51, 2-52, 2-54 and 2-55 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Taylor. Synopsis: Ordinance amending the PTO and leave policy. c. Resolution CC-12-16-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the 2024 Finance Department Budget (Department #1701) and the 2024 Human Resources Department #1201; Sponsor: Councilor Green. Synopsis: Transfers $100,000.00 from the 2024 Finance Department budget into the 2024 Human Resources budget. d. Resolution CC-12-16-24-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the 2024 Carmel Police Department Budget (Department #1110) and the 2024 Health Insurance Medical Escrow Fund (Fund #301); Sponsor: Councilor Green. Synopsis: Transfers $1,000,000.00 from the 2024 Carmel Police Department budget into the 2024 Health Insurance Medical Escrow Fund; Sponsor: Councilor Green. e. Resolution CC-12-16-24-03; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Within the 2024 General Administration Budget (#1205); Sponsor: Councilor Green. Synopsis: Transfers $299,000.00 within the 2024 General Administration budget (#1205). 5 f. Resolution CC-12-16-24-04; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the General Fund (#101) and the Fire Pension Fund (#802); Sponsor: Councilor Green. Synopsis: Transfers $25,000.00 from the General Fund (#101) into the Fire Pension Fund (#802). 15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS a. DORA Signage and Logo Approval b. Election of Council Positions c. City Council Appointments 1. Carmel Advisory Committee on Disability (Terms expire 12/31/2026, two-year terms); Two appointments. 2. Carmel Audit Committee (Term expires 12/31/26, two-year term); One appointment. (Term expires 12/31/25, one-year term); One Councilor appointment 3. Carmel City Center Community Development Corporation (Term expires 12/31/2025, one-year term); One appointment. 4. Carmel Redevelopment Commission (Terms expire 12/31/2024, one-year terms); Two appointments, One of those to be a Councilor. 5. Fire Department Merit Board (Term expires 12/31/26, two-year term); One appointment. 6. Mayor’s Advisory Commission on Arts (Terms expires 12/31/2026, two-year terms); Two appointments. 7. Police Department Merit Board (Term expires 12/31/26, two-year term); One appointment. 17. ANNOUNCEMENTS 18. ADJOURNMENT 1 1 City of Carmel 2 3 CARMEL COMMON COUNCIL 4 MEETING MINUTES 5 MONDAY, DECEMBER 2, 2024 – 6:00 P.M. 6 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 7 8 MEETING CALLED TO ORDER 9 10 Council President Anthony Green, Council Members: Jeff Worrell, Ryan Locke, Rich Taylor, Adam Aasen, 11 Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon Minnaar, and Deputy Clerk Jessica Komp were 12 present. 13 14 Council President Green called the meeting to order at 6:00 p.m. 15 16 AGENDA APPROVAL 17 18 The agenda was approved unanimously. 19 20 INVOCATION 21 22 Council Chaplain Rich Taylor delivered the invocation. 23 24 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 25 26 Council President Green announced Carmel High School Senior, Julia Hohne and Carmel High School 27 Junior, Madeleine Arroyo. Julia and Madeleine won first place at the Junior World Food Championships. 28 The pair also won an award for extraordinary teamwork. The students were presented with a certificate and 29 pin to congratulate them on their achievements. 30 31 Councilor Ayers announced local artist, John Moore, creator of the sculpture “Love Eternal”. Love Eternal is 32 a heart symbol interlocked with the infinity sign. This sculpture honors Mr. Moore’s late wife, Zebbie, who 33 made him promise to one day do something special with the symbol that he had used to sign his personal 34 notes to loved ones for over three decades. “Love Eternal” is on display near the Tarkington Theater, along 35 the Monon, for all passersby to enjoy. 36 37 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 38 39 There were none. 40 41 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 42 43 Councilor Worrell shared that the short-term rental situation that had been happening in Cheswick Place, on 44 Carmel’s West side, has been successfully settled by the city. Councilor Minnaar added that any PUD that 45 comes to Carmel now will have rental restrictions. 46 2 CONSENT AGENDA 47 48 Councilor Minnaar moved to approve the consent agenda. Councilor Aasen seconded. There was no 49 discussion. Council President Green called for the vote. The consent agenda was approved 9-0. 50 51 a. Approval of Minutes 52 53 1. November 18, 2024 Regular Meeting 54 55 b. Claims 56 57 1. Payroll - $3,669,623.08 58 2. General Claims – $4,065,080.73 and $31,395.63 (11/4/24 purchase card) and 59 $27,809.52 (12/5/24 purchase card) 60 61 ACTION ON MAYORAL VETOES 62 63 There were none. 64 65 COMMITTEE REPORTS 66 67 Councilor Worrell reported that the Finance, Utilities and Rules Committee met just before this meeting, at 68 4:00 p.m. Resolution CC-11-18-24-06 returns from committee, but Ordinances D-2740-24 and D-2741-24 69 remain in committee. At this time there is not another Finance meeting scheduled for the month of 70 December, but the committee will meet if there is cause to. 71 72 Councilor Snyder reported that the Land Use and Special Studies Committee met on November 20th to 73 discuss the Parks’ Interlocal Agreement (Ordinance D-2726-24) which is returning from committee tonight 74 with a unanimous positive recommendation. 75 76 OTHER REPORTS – (at the first meeting of the month specified below): 77 78 Henry Mestetsky, Carmel Redevelopment Director, gave the Redevelopment Commission’s monthly report 79 to Council. At City Center, the Wren and the Windsor continue their construction, with retail buildout 80 coming soon. This year about 12 of our major pieces had descriptive plaques installed. First on Main is 81 generally finished, work still remains on the for-sale condo component of that project. Magnolia is starting 82 on their next set of units. The Muse may have a sushi restaurant moving in to its retail space. The other 83 retailers are yet to be announced. The Signature is open and the retail is open. There was recently a grand re-84 opening for long-time Carmel business, Stout’s Shoes. Civic Square Condos’ construction should start in 85 Spring 2025. Proscenium II façade looks great, first floor retailers are yet to be announced. Progress on 111 86 S. Rangeline continues. Icon on Main will likely be a Q3 2026 completion, including the public plaza. 87 88 Councilor Aasen asked if there was an opening date set for 1933 Lounge, he had heard it might be March 89 2025. Director Mestetsky responded that he would have to look into that. Councilor Aasen then asked for an 90 update on the three houses near Fourth and Main Street. Mr. Mestetsky stated that a concept of first-floor 91 retail, four (4) for-sale units on the second floor, and one (1) for-sale unit on the third floor will be going in 92 front of the Plan Commission on December 17th. If this successfully goes through Plan Commission and the 93 entitlements process, the CRC would be coming back to Council for an allocation process, but there will not 94 be a bond request. Councilor Snyder stated that when this comes before Council, Mr. Mestetsky should be 95 prepared to answer questions about why we didn’t acquire the rest of that land, and what it is going to look 96 like behind that building. Councilor Worrell asked Mr. Mestetsky about parking issues around the 97 3 Christkindlmrkt, and what is being done to alleviate that situation. Councilor Ayers then informed everyone 98 that there is currently a comprehensive parking study being performed for Carmel, a portion of which will 99 include the Christkindlmrkt. Police Chief Drake Sterling shared that the new traffic pattern is helping 100 alleviate some of the congestion for this year’s market. Councilors Worrell and Minnaar shared that they are 101 receiving feedback from constituents about the garages being full near the Palladium. Councilor Snyder 102 asked Mr. Mestetsky about developers financing some of the large roads that are needed to support the 103 enormous buildings they are building, instead of the city paying for these roads. Mr. Mestetsky stated that in 104 years past, the city has paid for roads, as we were trying to build a downtown out of scratch. We needed the 105 roads built to incentivize the businesses and developers to come here. Councilor Snyder stated that it was 106 deplorable that the road next to Carmel on Rangeline was closed for two years for Proscenium II to be built, 107 when only one lane was milled and filled. He asked when Third Avenue would be opened back up. Brad 108 Pease, Director of Engineering, responded that it is behind schedule due to the utility company being behind 109 schedule, but hopefully by the end of the year. 110 111 Tony Reck gave the quarterly report for the Climate Action Advisory Committee. Mr. Reck shared that the 112 Department of Community Services is conducting a transportation study to determine the viability of a 113 public transit system, which would connect the east and west sides of Carmel to downtown. There has also 114 been talk of the redline again, which would go through Carmel, and potentially connect downtown 115 Indianapolis to Grand Park in Westfield. The 10th annual Rain on Main auction of the painted rain barrels has 116 raised $40,000.00 to date. We have auctioned off 153 of these barrels, resulting in 230,000 gallons of run-off 117 water that has been diverted from Carmel Utilities. Out of these 153 barrels, the city has installed zero. While 118 we do not have a sustainability coordinator position in our budget for next year, we are able to hire a summer 119 intern. 120 121 Councilor Aasen expressed his concern with the Climate Action Committee not having enough focus on 122 enacting the goals of the Climate Action Plan, which is the committee’s intended purpose. Councilor Snyder 123 echoed that concern. Mr. Reck responded that the committee has always maintained the goals of the action 124 plan at its meetings. But with their limited scope of funding and manpower, the volunteers of this committee 125 can only focus on the things they can get done. Councilor Locke confirmed that at each Climate Committee 126 meeting, each of the items on the action plan are addressed. Department Heads attend the meetings to weigh 127 in on the action items, and to report on which items their department is tackling. Councilor Locke also shared 128 that the Mayor is working on a new strategic plan for the city, and offered to let the Climate Action 129 Committee look at it to see if there are any areas of the Climate Action Plan that can be woven into the 130 Mayor’s strategic plan for the next year. Alexia Lopez, Community Services Planning Administrator, shared 131 an online dashboard which allows city departments to upload information on ways they’ve implemented the 132 Climate Action Plan. Councilor Snyder stated that he’s not sure we need this group, as our departments are 133 already doing things in a sustainable way whenever possible. Councilor Locke shared that he feels there is 134 value in giving our citizens this opportunity to contribute to a cause that so many care about by allowing 135 them to interact with our department heads and track our progress towards these established goals. Councilor 136 Joshi stated that she also sees value in our citizens having the opportunity to get involved with our city’s 137 sustainability efforts, but perhaps we redefine how this committee functions going forward. The Climate 138 Action Committee will meet this Wednesday, December 4th, in Council Chambers. 139 140 OLD BUSINESS 141 142 Council President Green announced the sixth reading of Ordinance D-2726-24; An Ordinance of the 143 Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal 144 Agreement; Sponsor(s): Councilor(s) Snyder and Taylor. This item returns from the Land Use and Special 145 Studies Committee with a unanimous positive recommendation. Councilor Snyder stated that our Parks 146 Department exists in its current form because of this few page document, which keeps government directly 147 out of it. As a quasi-government entity, the city and the township appoint a board to govern the department. 148 4 The Land Use committee discussed long-term funding of the Parks. Hopefully the two-year extension this 149 ordinance provides will give us the time to come up with a funding solution for the future. Michael Klitzing, 150 Executive Director of Carmel Clay Parks, stated that this ordinance buys us two years to come up with a 151 funding plan, or in a worst case scenario, come up with a transition plan for whatever the department looks 152 like in the future. Director Klitzing expects the Park Board to also adopt this ordinance when they meet on 153 December 17th. Councilor Taylor stated that the issue of long-term funding for Carmel Clay Parks has been 154 discussed every year as long as he can remember. Councilor Snyder wants to resolve this issue once and for 155 all. Specifically, this amendment keeps the current board intact. Councilor Worrell asked what it will take for 156 a decision to be made regarding the five same funding options that keep being considered. Director Klitzing 157 said that we want the township to continue to be the primary funding source for the capital projects, to retain 158 the joint structure that we’ve had. He wishes we could get a referendum passed right now, but that will 159 require the state statute allowing it. We are actively working with the state legislature, both the House and 160 the Senate, to try and get that enabling legislation. This would benefit other cities’ park systems, as well. We, 161 as citizens, can help these efforts by lobbying to make this legislation happen. Councilor Snyder moved to 162 approve the ordinance. Councilor Taylor seconded the motion. There was no discussion. Council President 163 Green called for the vote. Ordinance D-2726-24 approved, 9-0. 164 165 Council President Green announced Resolution CC-11-18-24-06; A Confirmatory Resolution Designating 166 an Economic Revitalization Area and Approving Tax Abatement for Qualifying Certain Personal Property – 167 Alliance for Cooperative Energy Services Power Marketing, LLC; Sponsor(s): Councilor(s) Joshi and 168 Worrell. This returns from the Finance, Utilities and Rules Committee with a unanimous positive 169 recommendation. Councilor Worrell thanked the ACES team for coming to the meetings, participating and 170 answering every question. Councilor Worrell moved to approve the resolution. Councilor Joshi seconded. 171 There was no discussion. Council President Green called for the vote. Resolution CC-11-18-24-06 172 approved, 9-0. 173 174 Council President Green announced the fourth reading of Ordinance D-2740-24; An Ordinance of the 175 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-176 10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item 177 remains in the Finance, Utilities and Rules Committee. 178 179 Council President Green announced the fourth reading of Ordinance D-2741-24; An Ordinance of the 180 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 181 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item remains in the 182 Finance, Utilities and Rules Committee. 183 184 Council President Green announced Petition for Alley/Street Vacation or Order to Remove 185 Obstructions; 40 East Main Street, Carmel, IN 46032; Carmel Library Associates, LLC, Property Owner. 186 This item remains in the Land Use and Special Studies Committee. 187 188 PUBLIC HEARINGS 189 190 Council President Green announced the first reading of Ordinance D-2746-24; An Ordinance of the 191 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of Funds 192 from the Marketing and Community Relations Budget (#1203) to Line Item 4359000 - Special Projects; 193 Sponsor(s): Councilor(s) Green and Taylor. Councilor Taylor moved to introduce the item into business. 194 Councilor Minnaar seconded. Councilor Taylor presented the item to Council. Zac Jackson, City of Carmel 195 CFO/Controller, explained that there are two corresponding items on this agenda that help to make up this 196 transfer. This ordinance takes $200,000.00 of available funding from the Full-Time Employee line item in 197 the Police Department Budget and transfers it to the Special Projects line item in the Marketing and 198 Community Relations Budget. From there, the corresponding resolution will grant $100,000.00 to Prime Life 199 5 Enrichment and $100,000.00 to the Carmel Clay Historical Society. Councilor Worrell stated that he did not 200 like for there to be a two separate requests for $100,000.00 in one ordinance, and this should have been two 201 separate ordinances. He also stated that the public will want to know why we are taking money out of our 202 Police Department’s budget to be given to other groups. Police Chief Sterling explained that the Police 203 Department had a surplus due to being understaffed by about 12 positions. Councilor Snyder added that the 204 Historical Society had put together a proposal requesting three years of funding whilst their other funding 205 starting cycling in. Being that the All Things Carmel store had closed, the Historical Society will now act as 206 a type of welcome center for the city. Although Councilor Snyder supports the two organizations, he stated 207 that he didn’t feel comfortable voting for this until we know where the shortfall in road funding is going to 208 come from. Zac Jackson stated that this year we should end up underspending our general fund 209 appropriations by at least $6 million. Additionally, we may have the excise and surtax go into effect by July, 210 which would bring in another $1.8 million. Councilors Joshi and Taylor spoke about splitting this up into 211 two ordinances. Councilor Taylor stated that splitting this up would have required two separate public 212 hearings, and two separate newspaper advertisements. Council President Green opened up the public hearing 213 at 8:08 p.m. Seeing no one who wished to address the Council, President Green closed the public hearing at 214 8:09 p.m. Ordinance D-2746-24 was held over until the December 16th Council meeting. 215 216 Council President Green announced the first reading of Ordinance D-2749-24; An Ordinance of the 217 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Appropriation of 218 Unexpected Funds from the Operating Balance of the Local Road and Street Fund (202); Sponsor(s): 219 Councilor(s) Ayers, Green and Worrell. Councilor Joshi moved to introduce the item into business. 220 Councilor Minnaar seconded. Councilor Ayers presented the item to Council. Zac Jackson explained that we 221 are using funds that were encumbered back in 2018 and rolled forward into the 2024 budget. The synopsis of 222 this ordinance needs to be reworded to reflect this, and the letter "R” needs to be removed from the account 223 numbers referenced in this ordinance. Council President Green opened up the public hearing at 8:14 p.m. 224 Seeing no one who wished to address the Council, President Green closed the public hearing at 8:15 p.m. 225 Councilor Snyder made a motion to amend the ordinance. Councilor Joshi seconded. There was no 226 discussion. Council President Green called for the vote. Motion to Amend approved, 9-0. Councilor Joshi 227 moved to suspend the rules and vote on this tonight. Councilor Aasen seconded. There was no discussion. 228 Council President Green called for the vote. Motion to Suspend the Rules approved, 9-0. Councilor Joshi 229 made a motion to approve the ordinance as amended. Councilor Minnaar seconded. There was no discussion. 230 Council President Green called for the vote. Ordinance D-2749-24 Approved as Amended, 9-0. 231 232 NEW BUSINESS 233 234 Council President Green announced the first reading of Ordinance D-2751-24; An Ordinance of the 235 Common Council of the City of Carmel, Indiana, Amending and Creating Law Enforcement Aid Funds; 236 Sponsor: Councilor Worrell. Councilor Worrell moved to introduce the item into business. Councilor 237 Minnaar seconded. Councilor Worrell presented the item to Council. Chief Sterling explained that this 238 ordinance will separate the forfeitures collected from both the Police Department and the Drug Task Force 239 into two separate revenue accounts, one for each. There was a discussion on the amount of forfeitures 240 collected, and then Councilor Worrell thanked Major Meyer for his help with this ordinance. Councilor 241 Aasen moved to suspend the rules and act on this tonight. Councilor Joshi seconded. There was no 242 discussion. Council President Green called for the vote. Motion to Suspend the Rules approved, 9-0. 243 Councilor Aasen moved to approve the ordinance. Councilor Ayers seconded. There was no discussion. 244 Council President Green called for the vote. Ordinance D-2751-24 approved, 9-0. 245 246 247 Council President Green announced Resolution CC-12-02-24-01; A Resolution of the Common Council of 248 the City of Carmel, Indiana, Approving a Transfer of Funds from the Carmel Police Department Budget 249 (Fund 1100) into the Marketing and Communications Department Budget (Fund 1203); Sponsor(s): 250 6 Councilor(s) Green and Taylor. Councilor Minnaar moved to introduce the resolution. Councilor Joshi 251 seconded. Councilor Taylor presented the item to the Council. Resolution CC-12-02-24-01 was held over 252 until the December 16th Council meeting. 253 254 Council President Green announced Resolution CC-12-02-24-02; A Resolution of the Common Council of 255 the City of Carmel, Approving a Transfer of Funds Within the Human Resources Department Budget 256 (#1201); Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item. 257 Councilor Minnaar seconded. Councilor Aasen presented the item to Council. Zac Jackson explained that 258 this transfer within the Human Resources budget has to do with money needed to cover the cost of an interim 259 HR Director as well as the costs involved with the payroll function being moved from the Finance 260 Department to Human Resources. At the next Council meeting, there will be a request for a transfer of funds 261 from the Finance Department to the Human Resources Department to finish up these costs being covered. 262 That transfer had to be publicly noticed, which is why it is not happening at this meeting. Councilor Aasen 263 moved to approve the resolution. Councilor Minnaar seconded the motion. There was no discussion. Council 264 President Green called for the vote. Resolution CC-12-02-24-02 approved, 9-0. 265 266 Council President Green announced Resolution CC-12-02-24-03; A Resolution of the Common Council of 267 the City of Carmel, Indiana, Authorizing a Transfer of Funds Within the 2024 Carmel Police Department 268 Budget; Sponsor(s): Councilor(s) Minnaar, Worrell and Joshi. Councilor Minnaar moved to introduce the 269 item into business. Councilor Joshi seconded. Councilor Joshi presented the item to Council. Chief Sterling 270 explained that this transfer will cover the contracted cost of previous Police Chief Jim Barlow working for 271 the Police Department. Councilor Snyder moved to approve the resolution. Councilor Joshi seconded. There 272 was no discussion. Council President Green called for the vote. Resolution CC-12-02-24-03 approved, 9-0. 273 274 Council President Green announced Resolution CC-12-02-24-04; A Resolution of the Common Council of 275 the City of Carmel, Indiana, Approving a Transfer of Funds within the Mayor’s Office Budget (#1160); 276 Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into business. 277 Councilor Ayers seconded the motion. Councilor Aasen presented the item to Council. Zac Jackson 278 explained that this helps to cover the cost of the Chief of Staff position, which was created this year. When 279 the previous Chief of Staff left the position, that person was eligible for a PTO payout, hence the need to 280 supplement this account. However, line 38 should be reduced from $35,000.00 in furniture and fixtures to 281 $10,000.00. Councilor Snyder objected to a request for funds covering AV equipment for the Chief of Staff’s 282 office, which should have already been covered by another purchase order. There was a discussion over the 283 total cost of the renovations to City Hall, and bringing these needed transfers to Council in a more timely 284 manner. Resolution CC-12-24-04 was held over until the December 16th Council meeting. 285 286 Council President Green announced Resolution CC-12-02-24-05; A Resolution of the Common Council of 287 the City of Carmel, Indiana, Approving a Transfer of Funds within the Marketing and Community Relations 288 Department Budget (#1203); Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to 289 introduce the item into business. Councilor Joshi seconded the motion. Councilor Aasen presented the item 290 to Council. Zac Jackson explained that the $50,000.00 in furniture can be reduced to $5,000.00. Resolution 291 CC-12-02-24-05 was held over until the December 16th Council meeting. 292 293 Council President Green announced Resolution CC-12-02-24-06; A Resolution of the Common Council of 294 the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the General 295 Fund (#101); Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into 296 business. Councilor Joshi seconded the motion. Councilor Aasen presented the item to Council. Zac Jackson 297 explained that these funds are to cover the costs of festivals and community events. Councilor Minnaar 298 moved to approve the resolution. Councilor Aasen seconded the motion. There was no discussion. Council 299 President Green called for the vote. Resolution CC-12-02-24-06 approved, 9-0. 300 301 7 Council President Green announced Resolution CC-12-02-24-07; A Resolution of the Common Council of 302 the City of Carmel, Indiana, Approving a Transfer of Funds Within the Motor Vehicle Highway Fund (#201) 303 Engineering Department Budget (#2200); Sponsor(s): Councilor(s) Snyder, Taylor and Worrell. Councilor 304 Ayers moved to introduce the item into business. Councilor Minnaar seconded. Councilor Snyder presented 305 the item to Council. Brad Pease, Director of Engineering, explained that this will cover a PTO payout and 306 other personnel expenses. Councilor Worrell moved to approve the resolution. Councilor Joshi seconded the 307 motion. There was no discussion. Council President Green called for the vote. Resolution CC-12-02-24-07 308 approved, 9-0. 309 310 AGENDA ADD-ON ITEMS 311 312 There were none. 313 314 OTHER BUSINESS 315 316 There was none. 317 318 ANNOUNCEMENTS 319 320 Councilor Snyder expressed his displeasure in not finding out in a more timely manner about crime that 321 happens in Carmel. Police Chief Sterling asked for more detail as to what Councilor Snyder was referring to. 322 Councilor Snyder referred to a deceased person who was found. Chief Sterling assured the Council that there 323 was no suspicion of foul play in this occurrence. Councilor Snyder stated that the Council should be 324 informed of these matters sooner, and not learn about them from constituents. Councilor Aasen stated that 325 they do get text updates, but didn’t know if those could be publicly shared. Chief Sterling said he would 326 speak with Councilor Aasen after the meeting to discuss further. 327 328 Councilor Taylor stated that the Mayor’s Advisory Commission on Senior Living will be hosting the Age-329 Friendly Brain Conference at the Carmel Clay Public Library on Wednesday, December 4th from 9:30 a.m. 330 to 4:30 p.m. in the large community room, with keynote speaker Dr. Boustani. 331 332 ADJOURNMENT 333 334 Council President Green adjourned the meeting at 9:07 p.m. 335 336 Respectfully Submitted, 337 338 _______________________________ 339 Jacob Quinn, Clerk 340 341 342 Approved, 343 344 345 ATTEST: _______________________________ 346 Anthony Green, Council President 347 348 _______________________________ 349 Jacob Quinn, Clerk 350 351 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. ORDINANCE NO. D-2740-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 AND 2-14 OF THE 4 CARMEL CITY CODE. 5 6 Synopsis: Ordinance clarifying purpose and duties of components of government. 7 8 WHEREAS, the City of Carmel (“City”), is established as four components of government; and 9 10 WHEREAS, it is now necessary for the Carmel City Code to be amended for further clarification of 11 the purpose and duties of these components. 12 13 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 14 as follows: 15 16 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17 18 Section 2. The following subsections of Carmel City Code, Chapter, 2, Article 1, Sections 2-1, 2-3, 2-19 6, 2-10, 2-11, 2-12, 2-13 and 2-14 are hereby amended, and shall read as follows: 20 21 § 2-1 Four Branches Components of Government. 22 (a) The government of the City shall consist of four branches components, those being: 23 (1) Executive Branch (I.C., 36-4-5) 24 (2) Legislative Branch (I.C., 36-4-6) 25 (3) Fiscal Branch Clerk (I.C., 36-4-10) 26 (4) Judicial Branch (I.C., 33-35-1) (Ord. D-362, § I, 3-22-83) 27 (b) Charts depicting the four branches of government appear at the end of this chapter in Appendix I. 28 29 § 2-3 Executive Departments. 30 (a) The Mayor shall be the chief administrator of the City and shall have control of the day-to-day operations 31 of the following executive departments which are established. 32 (1) Department of Community Services. (Ord. D-1193, 1-8-96) 33 a) Plan Commission. (I.C., 36-7-4 et seq.). 34 b) Board of Zoning Appeals. (I.C., 36-7-4-900 et seq.). 35 (2) Engineering Department. 36 (3) Fire Department. 37 a) Fire Pension Board (I.C., 36-8-7 [1937 Fund]; I.C., 36-8-8 [1977 Fund]). 38 (4) Department of Law to be known as the Office of Corporation Counsel. (pursuant to I.C., 36-4-9-12—39 City Attorney and attorney for Plan Commission, Board of Zoning Appeals). 40 (5) Police Department. 41 a) Police Pension Board. (I.C., 36-8-6 [1925 Fund]; I.C., 36-8-8 [1977 Fund]). 42 (6) Street Department. 43 (7) Public Water and Public Wastewater Utilities. (Ord. D-1193, 1-8-96) 44 (8) Department of Parks and Recreation. (I.C., 36-10-3-1 et seq.) (Ord. D-673, §1, 10-1-90) 45 (9) Department of Redevelopment. (Ord. D-720, § 1, 8-5-91). 46 (10) Finance Department. 47 (11) Department of Economic Development. 48 Ordinance D-2740-24 49 Page One of Fourteen 50 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (12) Marketing and Community Relations Department. 51 (13) Department of Human Resources. 52 (14) Information and Communication Systems Technology Department. 53 (15) Brookshire Golf Course. 54 55 (b) Pursuant to IC 36-4-9-6, The Mayor shall appoint the following who serve at her pleasure: 56 1. The chiefs of the Fire and Police Departments 57 2. and t The heads Directors of the Department of Finance who serves as the City Controller, the 58 Community Services (pursuant to I.C., 36-4-9-2), Engineering Department who serves as the City Civil 59 Engineer, the Department of Law who serves as the Corporation Counsel, , Office of the Controller, 60 and the Communications Center are appointed by the Mayor and serve at his pleasure. and; 61 3. The Directors of other departments established by City Council per IC 36-4-9-4. 62 63 § 2-6 Reserved for Future Use The Controller 64 The Controller is the fiscal officer of the City and shall be the director of the Finance Department. He or 65 she shall perform the duties assigned by I.C., 36-4-10-5, and such other duties as the Common Council may, 66 by ordinance, require. 67 § 2-6.1 Claim Payments in Advance of Council Allowance. 68 69 (a) The fiscal officer may submit claim payments in advance of Council approval for specific types of 70 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 71 claim at its next regular or special meeting following the preapproved payment. 72 (1) Property or services purchased or leased from the United States government, its agencies, or its 73 political subdivisions. 74 (2) License or permit fees. 75 (3) Insurance premiums. 76 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 77 charges for City vehicles. 78 (5) General grant programs where advance funding is not prohibited and the contracting party 79 posts sufficient security to cover the amount advanced. 80 (6) Grants of state funds authorized by statute. 81 (7) Maintenance agreements, service agreements or lease payments. 82 (8) Bond or coupon payments. 83 (9) Payroll. 84 (10) Federal, state or county taxes. 85 (11) Expenses that must be paid because of emergency circumstances. 86 (12) A product or service for which the City legislative body had accepted a bid. 87 (13) Petty Cash Funds as established pursuant to City Code § 2-114. 88 (14) Legal settlements which have been approved by the Corporation Counsel and are within the 89 Corporation Counsel's settlement authority pursuant to City Code § 2-9.1. 90 (15) Payments for special land acquisition projects as directed in advance by resolution of the 91 City’s legislative body. 92 (16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 93 permitted by the City Code. 94 (17) Refunds to City of Carmel customers. 95 96 Ordinance D-2740-24 97 Page Two of Fourteen 98 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 99 have been budgeted and/or approved by the legislative body. 100 (b) Each payment of expenses under this section must be supported by a fully itemized claim. 101 § 2-6.2 Capital Asset Policy. 102 103 (a) Definition of Capital Assets. 104 (1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 105 one year. The term includes both tangible assets (land, construction in progress, buildings, building 106 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 107 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 108 investment do not qualify as capital assets, regardless of their form, because they are not used in 109 operations. 110 (2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 111 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 112 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 113 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 114 kept of all assets greater than $1,000. 115 (b) Major Capital Asset Classes and. In order to ensure that governmental entities have an 116 accurate, complete, and current record of capital assets, it is important that asset categories are 117 appropriately determined. This section further clarifies the asset definition by major category. 118 (1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 119 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 120 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 121 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 122 however, does capitalize easements. 123 (2) Buildings. 124 a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 125 erected to house equipment services or functions are included. This includes systems, services, and 126 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 127 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 128 staging and all other such units that serve the building. 129 b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 130 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 131 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 132 towers are not included because they are treated as part of the equipment unit. 133 (3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 134 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 135 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 136 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 137 hydrants. 138 139 140 Ordinance D-2740-24 141 Page Three of Fourteen 142 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 143 (4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 144 moveable items. Included within this category are office equipment, office furniture, appliances, 145 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 146 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 147 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 148 are excluded. 149 (5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 150 nature and can be preserved for a significantly greater number of years than most capital assets and that 151 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 152 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 153 given above that are incidental to property or access to the property described above. 154 (6) Construction in Progress. Construction, or development, in progress is a special class of 155 capital assets that are still in the process of construction (tangible) or development (intangible). 156 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 157 (7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of 158 the major asset classes listed above. 159 (c) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 160 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 161 exceeding $100 million. 162 163 164 Capitalize/Depreciate Capitalize/Depreciate Land Capitalize only Land Improvements $50,000 Buildings $100,000 Building Improvements $100,000 Construction in Progress Capitalize only Machinery and Equipment $5,000 Vehicles $5,000 City Utility Assets $5,000 Computer Software $5,000 Infrastructure $3,000,000 165 166 167 Ordinance D-2740-24 168 Page Four of Fourteen 169 170 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (d) Valuation of Capital Assets. 171 (1) Capital assets should be recorded at historical cost and should include the cost of freight, site 172 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 173 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 174 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 175 asset's fair market value determines its cost. 176 (2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 177 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 178 capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 179 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 180 acquisition of property. 181 (e) Depreciation Method and Salvage Value. 182 (1) Depreciation is the process of allocating the cost of tangible property over a period of time, 183 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 184 life, the sum of the amounts charged for depreciation in each accounting period (accumulated 185 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 186 the Straight-Line Method. Under this method, the basis of the asset is written off evenly over the useful 187 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 188 end of each fiscal year. 189 (2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 190 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 191 end of its useful life. The City determines salvage value on an asset-by-asset basis. 192 (f) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 193 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 194 disposal will be reported. The most common useful lives are as follows: 195 (1) City Civil. 196 a) Vehicles - 5 years. 197 b) Police Vehicles - 4 years. 198 c) Office Equipment - 5 years. 199 d) Office Furniture - 20 years. 200 e) Heavy Equipment - 10 years. 201 f) Fire Trucks - 15 years. 202 g) Ambulances - 10 years. 203 h) Buildings - 50 years. 204 i) Building Components (HVAC systems, roofing) - 20 years. 205 j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 206 k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 207 l) Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 208 years. 209 m) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 210 n) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 211 o) Computer Software - 5 years. 212 p) Security Cameras -10 years. 213 q) Stage Lighting - 5 years. 214 215 Ordinance D-2740-24 216 Page Five of Fourteen 217 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 218 r) Mobile Stage Trailer - 10 years. 219 s) Rigging and Lifts - 10 years. 220 t) Sound Equipment for Palladium - 10 years. 221 (2) City Utility - Water. 222 a) Buildings and Improvements - 50 years. 223 b) Transmission and Distribution Mains - 50 to 75 years. 224 c) Meters/Meter Installation - 25 to 30 years. 225 d) Pumping Equipment - 50 years. 226 e) Water Treatment Equipment - 50 years. 227 f) Elevated Storage - 75 years. 228 g) Office Equipment - 5 years. 229 h) Machinery - 5 to 40 years. 230 i) Hydrants - 50 to 75 years. 231 j) Well Equipment - 15 to 20 years. 232 k) Wells - 50 to 100 years. 233 l) Communications Equipment - 10 years. 234 m) GPS - 100 years. 235 n) Clearwell - 100 years. 236 (3) City Utility - Sewer. 237 a) Buildings and Improvements - 50 years. 238 b) Sewer Lines - 50 years. 239 c) Lift Station - 50 years. 240 d) Treatment Plant Equipment - 10 years. 241 e) Office Equipment - 5 years. 242 f) Machinery – 6 to 20 years. 243 g) Vehicles - 5 years. 244 h) HVAC Systems - 25 years. 245 i) GPS - 100 years. 246 j) Computer Software - 5 years. 247 (4) Infrastructure. The following is the list of networks and their useful lives: 248 a) Roads/Streets Network. 249 Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 250 b) Traffic Components Network. 251 Subsystems: Traffic Signals -35 years. 252 Street lights - 25 years. 253 c) Drainage Systems Network - 50 years. 254 (g) Capital Leases. 255 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 256 following criteria: 257 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 258 b) The lease contains a bargain purchase option. 259 c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 260 lease is non-cancellable during that time). 261 d) The present value of the minimum lease payments at the inception of the lease (excluding 262 executory costs) equals at least 90% of the fair-value of the leased property. 263 264 Ordinance D-2740-24 265 Page Six of Fourteen 266 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 267 (2) Leases that do not meet any of the above criteria are considered operating leases. 268 (h) Assets Not Capitalized. 269 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 270 recorded in the General Ledger. 271 (2) Exceptions are: 272 a) Items costing less than the above limits which are permanently installed as a part of the cost of 273 original construction or installation of a larger building or equipment unit will be included in the cost of 274 the larger unit; and 275 b) Modular equipment added subsequent to original equipment construction of a larger building or 276 equipment unit which may be put together to form larger units costing more than the prescribed limits will 277 be charged to capital assets even though the cost of individual items is less than such units; and 278 c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 279 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 280 (i) Capital Assets Purchased With Grant Funds. When Federal Grant Funds are used to purchase 281 capital assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative 282 Requirements, Cost Principles, and Audit Requirements for Federal Awards in the Code of Federal 283 Regulations is required. All grant types typically have requirements specified in the Grant Award Letter 284 with which the City must comply. 285 (j) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 286 various methods, as described in supplemental City documentation and forms. The following 287 procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 288 requisite forms, obtain the signature of the Department Director and forward the completed 289 documentation to the Fiscal Office for recording purposes. 290 (k) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 291 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 292 establishes a policy on materiality and the process for reporting material variances. 293 294 § 2-6.3 Advance Payments for Goods and Services. 295 (a) Advance payments for goods or services before the goods are delivered or services are 296 completed are hereby authorized. 297 (b) Advance payments for goods and services may not exceed the lesser of the following: 298 (1) Fifty percent of the entire cost of the contract. 299 (2) $2,000,000. 300 (c) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 301 payments are made: 302 (1) Track prepayments by defining the prepayment on a purchase order. 303 (2) Create a prepayment invoice that is associated with the purchase order. 304 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 305 prepayment is more than $150,000. 306 307 308 309 310 311 Ordinance D-2740-24 312 Page Seven of Fourteen 313 314 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. Division III. Fiscal Branch. Clerk 315 § 2-10 The Controller. 316 The Controller is the fiscal officer of the City. He shall perform the duties assigned by I.C., 36-4-317 10-5, and such other duties as the Common Council may, by ordinance, require. 318 § 2-12 Claim Payments in Advance of Council Allowance. 319 320 (c) The fiscal officer may submit claim payments in advance of Council approval for specific types of 321 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 322 claim at its next regular or special meeting following the preapproved payment. 323 (1) Property or services purchased or leased from the United States government, its agencies, or its 324 political subdivisions. 325 (2) License or permit fees. 326 (3) Insurance premiums. 327 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 328 charges for City vehicles. 329 (5) General grant programs where advance funding is not prohibited and the contracting party 330 posts sufficient security to cover the amount advanced. 331 (6) Grants of state funds authorized by statute. 332 (7) Maintenance agreements, service- agreements or lease payments. 333 (8) Bond or coupon payments. 334 (9) Payroll. 335 (10) Federal, state or county taxes. 336 (11) Expenses that must be paid because of emergency circumstances. 337 (12) A product or service for which the City legislative body had accepted a bid. 338 (13) Petty Cash Funds as established pursuant to City Code § 2-114. 339 (14) Legal settlements which have been approved by the City Attorney and are within the City 340 Attorney's settlement authority pursuant to City Code § 2-9.1. 341 (15) Payments for special land acquisition projects as directed in advance by resolution of the 342 City legislative body. 343 (16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 344 permitted by the City Code. 345 (17) Refunds to City of Carmel customers. 346 (18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 347 have been budgeted and/or approved by the legislative body. 348 349 (d) Each payment of expenses under this section must be supported by a fully itemized claim. 350 (`91 Code, § 2-12) (Ord. D-1063, 3-7-94; Ord. D-1183, 10-16-95; Ord. D-1370-98, 6-15-98; Ord. D- 351 1899-08, As Amended, passed 8-4-08; Ord. D-2067-11, 11-7-11) 352 § 2-13 Capital Asset Policy. 353 354 (l) Definition of Capital Assets. 355 (1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 356 one year. The term includes both tangible assets (land, construction in progress, buildings, building 357 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 358 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 359 investment do not qualify as capital assets, regardless of their form, because they are not used in 360 operations. 361 Ordinance D-2740-24 362 Page Eight of Fourteen 363 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 364 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 365 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 366 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 367 kept of all assets greater than $1,000. 368 (m) Major Capital Asset Classes and. In order to ensure that governmental entities have an 369 accurate, complete, and current record of capital assets, it is important that asset categories are 370 appropriately determined. This section further clarifies the asset definition by major category. 371 (1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 372 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 373 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 374 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 375 however, does capitalize easements. 376 (2) Buildings. 377 a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 378 erected to house equipment services or functions are included. This includes systems, services, and 379 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 380 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 381 staging and all other such units that serve the building. 382 b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 383 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 384 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 385 towers are not included because they are treated as part of the equipment unit. 386 (3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 387 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 388 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 389 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 390 hydrants. 391 (4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 392 moveable items. Included within this category are office equipment, office furniture, appliances, 393 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 394 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 395 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 396 are excluded. 397 (5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 398 nature and can be preserved for a significantly greater number of years than most capital assets and that 399 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 400 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 401 given above that are incidental to property or access to the property described above. 402 (6) Construction in Progress. Construction, or development, in progress is a special class of 403 capital assets that are still in the process of construction (tangible) or development (intangible). 404 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 405 406 Ordinance D-2740-24 407 Page Nine of Fourteen 408 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of the 409 major asset classes listed above. 410 (n) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 411 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 412 exceeding $100 million. 413 414 415 Capitalize/Depreciate Capitalize/Depreciate Land Capitalize only Land Improvements $50,000 Buildings $100,000 Building Improvements $100,000 Construction in Progress Capitalize only Machinery and Equipment $5,000 Vehicles $5,000 City Utility Assets $5,000 Computer Software $5,000 Infrastructure $3,000,000 416 (o) Valuation of Capital Assets. 417 (1) Capital assets should be recorded at historical cost and should include the cost of freight, site 418 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 419 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 420 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 421 asset's fair market value determines its cost. 422 (2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 423 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 424 capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 425 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 426 acquisition of property. 427 (p) Depreciation Method and Salvage Value. 428 (1) Depreciation is the process of allocating the cost of tangible property over a period of time, 429 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 430 life, the sum of the amounts charged for depreciation in each accounting period (accumulated 431 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 432 the Straight-line Method. Under this method, the basis of the asset is written off evenly over the useful 433 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 434 end of each fiscal year. 435 436 Ordinance D-2740-24 437 Page Ten of Fourteen 438 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 439 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 440 end of its useful life. The City determines salvage value on an asset-by-asset basis. 441 (q) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 442 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 443 disposal will be reported. The most common useful lives are as follows: 444 (1) City Civil. 445 a) Vehicles - 5 years. 446 b) Police Vehicles - 4 years. 447 c) Office Equipment - 5 years. 448 d) Office Furniture - 20 years. 449 e) Heavy Equipment - 10 years. 450 f) Fire Trucks - 15 years. 451 g) Ambulances - 10 years. 452 h) Buildings - 50 years. 453 i) Building Components (HVAC systems, roofing) - 20 years. 454 j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 455 k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 456 • Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 457 years. 458 l) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 459 m) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 460 n) Computer Software - 5 years. 461 o) Security Cameras -10 years. 462 p) Stage Lighting - 5 years. 463 q) Mobile Stage Trailer - 10 years. 464 r) Rigging and Lifts - 10 years. 465 s) Sound Equipment for Palladium - 10 years. 466 (2) City Utility - 467 Water. 468 a) Buildings and Improvements - 50 years. 469 b) Transmission and Distribution Mains - 50 to 75 years. 470 c) Meters/Meter Installation - 25 to 30 years. 471 d) Pumping Equipment - 50 years. 472 e) Water Treatment Equipment - 50 years. 473 f) Elevated Storage - 75 years. 474 g) Office Equipment - 5 years. 475 h) Machinery - 5 to 40 years. 476 i) Hydrants - 50 to 75 years. 477 j) Well Equipment - 15 to 20 years. 478 k) Wells - 50 to 100 years. 479 l) Communications Equipment - 10 years. 480 m) GPS - 100 years. 481 n) Clearwell - 100 years. 482 (3) City Utility - 483 Sewer. 484 a) Buildings and Improvements - 50 years. 485 b) Sewer Lines - 50 years. 486 Ordinance D-2740-24 487 Page Eleven of Fourteen 488 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. c) Lift Station - 50 years. 489 d) Treatment Plant Equipment - 10 years. 490 e) Office Equipment - 5 years. 491 f) Machinery - 6-20 years. 492 g) Vehicles - 5 years. 493 h) HVAC Systems - 25 years. 494 i) GPS - 100 years. 495 j) Computer Software - 5 years. 496 (4) Infrastructure. The following is the list of networks and their useful lives: 497 a) Roads/Streets Network. 498 Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 499 b) Traffic Components Network. 500 Subsystems: Traffic Signals -35 501 years. Street lights - 25 years. 502 c) Drainage Systems Network - 50 years. 503 (r) Capital Leases. 504 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 505 following criteria: 506 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 507 b) The lease contains a bargain purchase option. 508 c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 509 lease is non-cancellable during that time). 510 d) The present value of the minimum lease payments at the inception of the lease (excluding 511 executory costs) equals at least 90% of the fair-value of the leased property. 512 (2) Leases that do not meet any of the above criteria are considered operating leases. 513 (s) Assets not Capitalized. 514 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 515 recorded in the General Ledger. 516 (2) Exceptions are: 517 a) Items costing less than the above limits which are permanently installed as a part of the cost of 518 original construction or installation of a larger building or equipment unit will be included in the cost 519 of the larger unit; 520 b) Modular equipment added subsequent to original equipment construction of a larger building or 521 equipment unit which may be put together to form larger units costing more than the prescribed limits will 522 be charged to capital assets even though the cost of individual items is less than such units; and 523 c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 524 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 525 (t) Capital Assets Purchased with Grant Funds. When Federal Grant Funds are used to purchase capital 526 assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative Requirements, Cost 527 Principles, and Audit Requirements for Federal Awards in the Code of Federal Regulations is required. 528 All grant types typically have requirements specified in the Grant Award Letter with which the City must 529 comply. 530 (u) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 531 various methods, as described in supplemental City documentation and forms. The following 532 procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 533 requisite forms, obtain the signature of the Department Director and forward the completed 534 documentation to the Fiscal Office for recording purposes. 535 Ordinance D-2740-24 536 Page Twelve of Fourteen 537 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (v) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 538 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 539 establishes a policy on materiality and the process for reporting material variances. 540 (Ord. D-1680-04, 3-1-04; Ord. D- 2067-11, 11-7-11; Ord. 2191-14, As Amended, 11-3-14; Ord. D-2451- 541 18, § 2, 2-4-18) 542 § 2-14 Advance Payments for Goods and Services. 543 544 (d) Advance payments for goods or services before the goods are delivered or services are 545 completed are hereby authorized. 546 (e) Advance payments for goods and services may not exceed the lesser of the following: 547 (1) Fifty percent of the entire cost of the contract. 548 (2) Two million dollars. 549 (f) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 550 payments are made: 551 (1) Track prepayments by defining the prepayment on a purchase order. 552 (2) Create a prepayment invoice that is associated with the purchase order. 553 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 554 prepayment is more than $150,000. 555 556 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 557 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 558 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 559 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 560 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 561 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 562 563 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 564 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 565 so long as enforcement of same can be given the same effect. 566 567 Section 5. The remaining portions of Carmel City Code Sections 2-3, 2-6, 2-10, 2-11, 2-12, 2-13 568 and 2-14 are not affected by this Ordinance upon its passage. 569 570 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 571 and signing by the Mayor and such publication as required by law. 572 573 574 575 576 577 578 579 580 581 582 Ordinance D-2740-24 583 Page Thirteen of Fourteen 584 585 586 SPONSOR(S): Councilor(s) Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 587 588 PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 589 2024, by a vote of _____ ayes and _____ nays. 590 591 COMMON COUNCIL FOR THE CITY OF CARMEL 592 593 594 Anthony Green, President Adam Aasen, Vice-President 595 596 597 Rich Taylor Matt Snyder 598 599 ______________________________ 600 Jeff Worrell Teresa Ayers 601 602 603 Shannon Minnaar Ryan Locke 604 605 ______________________________ 606 Anita Joshi 607 608 ATTEST: 609 610 ______________________________ 611 Jacob Quinn, Clerk 612 613 Presented by me to the Mayor of the City of Carmel, Indiana this day of 614 615 _________________________ 2024, at _______ __.M. 616 617 618 619 Jacob Quinn, Clerk 620 621 Approved by me, Mayor of the City of Carmel, Indiana, this day of 622 623 ________________________ 2024, at _______ __.M. 624 625 626 627 Sue Finkam, Mayor 628 ATTEST: 629 630 631 632 Jacob Quinn, Clerk 633 634 Ordinance D-2740-24 635 Page Fourteen of Fourteen 636 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. ORDINANCE NO. D-2741-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 2, ARTICLE 6, SECTIONS 2-301, 2-302 AND 2-303, 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance amending budget procedures of the City of Carmel. 7 8 WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code § 36-4-7-6, is required to formulate 9 a budget estimate for the ensuing year; and 10 11 WHEREAS, the City has previously established budget procedures, such being codified, in part, under 12 Carmel City Code §§ 2-301, 2-302, and 2-303; and 13 14 WHEREAS, the Common Council of the City now finds that in the interests of fiscal responsibility 15 this procedure should be amended. 16 17 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 18 as follows: 19 20 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 21 22 Section 2. The following subsections of Carmel City Code Sections 2-301, 2-302, and 2-303 are hereby 23 amended, and shall read as follows: 24 “§ 2-301 Transfer of Funds. 25 26 (a) Common Council Approved Transfers. The Common Council may transfer money from one 27 major budget classification to another within a City department or office of an elected official component 28 of government and may transfer appropriated funds between line items within major budget 29 classifications within a City department of office of an elected official when the transfer between line 30 items would cause the Maximum Approved Transfer Amount (as defined in subsection (b)(1)) to be 31 exceeded and if: 32 (1) It determines that the transfer is necessary; 33 (2) The transfer does not require the expenditure of more money than the total amount set out in the 34 budget as finally determined pursuant to I.C., 6-1.1 et seq.; 35 (3) The transfer is made at a regular public meeting and by proper resolution; and 36 (4) The transfer is certified to the county auditor when the transfer is between major budget 37 classifications. 38 (b) Department Controller Approved Transfers. 39 (1) The Controller may transfer appropriated funds between line items within a major budget 40 classification for all City departments, the Office of the Mayor, the Clerk, and the City Judge may 41 transfer appropriated funds between line items within major budget classifications without the approval 42 of the Common Council (“Department Controller Approved Transfers”), provided, however, that such 43 transfers may not exceed the Maximum Approved Transfer Amount. The term “Maximum Approved 44 Ordinance D-2741-24 45 Page One of Four Pages 46 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 47 Transfer Amount” shall mean no more than $25,000 per occurrence and no more than $50,000 per 48 receiving line item, per calendar year, except that no Maximum Approved Transfer Amount shall apply 49 to personnel costs and expenses. 50 (2) Department Controller Approved Transfers may be made without notice and without the approval 51 of the State Board of Tax Commissioners. 52 (3) The Controller shall report any single transfer of $50,000 or more to the Common Council at 53 the end of each month. 54 (3)Written notice of Department Approved Transfers shall be provided to the Office of the 55 Controller. 56 (c)Emergencies. When there exists, under emergency conditions, a threat to public health, welfare, 57 or safety, the Maximum Approved Transfer Amount may be exceeded and ratified at the next 58 meeting of the Common Council following the emergency. 59 60 § 2-302 Chart of Accounts and Budget Forms. 61 (a) The Controller shall adopt a Chart of Accounts in compliance with the State Board of Accounts and 62 Department of Local Government Finance and shall submit a copy of any changes at least annually to 63 the Common Council. Common Council has adopted a Chart of Accounts, budget forms and report 64 (Exhibits A, B, C, D, and E, attached to Ordinance D-1005). The Council requires all departments, 65 Carmel/Clay Board of Parks and Recreation, and all elected officials to shall use the Chart of Accounts 66 and budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 67 formulated in accordance with IC 36-4-7- The Council authorizes the Controller to administer the Chart of 68 Accounts as he finds it necessary in order to assure continuity and consistency of the budget process among 69 all departments and elected officials. The Council further declares that the Chart of Accounts or budget 70 forms may not be changed or altered. Nonposting accounts as stated in the Chart of Accounts shall not be 71 used by any department or elected official in the preparation of the budget but shall abide by the point 72 system and budget category line items as established in the Chart of Accounts. 73 74 (b) The Controller shall adopt budget forms to be used in the preparation of the budget. All departments, 75 Carmel/Clay Board of Parks and Recreation and all elected officials shall use the Chart of Accounts and 76 budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 77 formulated in accordance with IC 36-4-7. Any and all additions or alterations of the Chart of Accounts, budget 78 forms and report must be petitioned by ordinance through the Council and must receive a favorable 79 recommendation from the fiscal officer. 80 81 (c) The Utility Department is exempt from the provisions of this section.” 82 83 § 2-303 Encumbrances. 84 85 (a) Written contractual obligations. Components of government may only encumber funds 86 with a written contractual obligation from one budget year to the next with approval of the 87 Controller, with the exception of the below limited exceptions. 88 89 Ordinance D-2741-24 90 Page Two of Four Pages 91 92 93 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (b) Absence of written contractual obligations. All City departments, the office of the Mayor, 94 Clerk, Common Council, and City Judge may encumber funds in the absence of a written 95 contractual obligation from one budget year to a subsequent budget year, only in conformance with 96 this section. 97 98 (b)(1) In the event that a department seeks to carry forward such an encumbrance to a subsequent 99 budget year, that department must submit a request to the Controller justifying the encumbrance. 100 The Controller shall provide a summary memorandum to the Common Council, prior to the adoption 101 of the City budget by the Common Council final Common Council meeting of the year, listing any 102 such encumbrance. 103 104 (2)The Ffailure to provide such a memorandum will result in the automatic cancellation of such 105 encumbrance and the automatic return of the encumbered funds to their originating fund on the first 106 day of the following subsequent budget year; 107 (3)The only exception will be invoices which remain in "dispute" or "inquiry" status, or invoices 108 received after the last annual Council meeting; and, 109 (4)Any encumbrances specified in such a memorandum shall, subject to any modifications or 110 conditions adopted by the Common Council through a resolution, automatically be renewed in the 111 subsequent budget year. 112 (c) All capital fund projects (Cum Cap Development, Cum Cap Improvement, and Cum Cap Sewer) as 113 well as Local Road and Street Fund projects that have been encumbered may not be used for any project 114 or purpose different than from that established by the original encumbrance, and such project or purpose 115 must proceed in the budget year in which the funds are encumbered. If it is deemed necessary to change 116 the scope of the encumbrance, a resolution must be presented to and approved by the Common Council. 117 This resolution shall list the detailed justification for the change request.” 118 119 Section 6. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 120 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 121 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 122 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 123 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 124 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 125 126 Section 7. If any portion of this Ordinance is for any reason declared to be invalid by a court of 127 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 128 so long as enforcement of same can be given the same effect. 129 130 Section 8. The remaining portions of Carmel City Code Sections 2-301, 2-302, and 2-303 are not 131 affected by this Ordinance upon its passage. 132 133 Section 9. This Ordinance shall be in full force and effect from and after the date of its passage 134 and signing by the Mayor and such publication as required by law. 135 136 137 138 139 140 Ordinance D-2741-24 141 Page Three of Four Pages 142 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 143 2024, by a vote of _____ ayes and _____ nays. 144 145 COMMON COUNCIL FOR THE CITY OF CARMEL 146 147 148 Anthony Green, President Adam Aasen, Vice-President 149 150 151 Rich Taylor Matt Snyder 152 153 ______________________________ 154 Jeff Worrell Teresa Ayers 155 156 157 Shannon Minnaar Ryan Locke 158 159 ______________________________ 160 Anita Joshi 161 162 ATTEST: 163 164 ______________________________ 165 Jacob Quinn, Clerk 166 167 Presented by me to the Mayor of the City of Carmel, Indiana this day of 168 _________________________ 2024, at _______ __.M. 169 170 171 Jacob Quinn, Clerk 172 173 Approved by me, Mayor of the City of Carmel, Indiana, this day of 174 ________________________ 2024, at _______ __.M. 175 176 177 178 Sue Finkam, Mayor 179 180 ATTEST: 181 182 183 184 Jacob Quinn, Clerk 185 186 187 188 189 190 Ordinance No. D-2741-24 191 Page Four of Four Pages 192 SPONSOR(s): Councilors Green and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/13/2024 at 3:36 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. ORDINANCE NO. D-2746-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN APPROPRIATION OF FUNDS FROM THE 4 MARKETING AND COMMUNITY RELATIONS BUDGET (#1203) TO LINE ITEM 4359000- 5 SPECIAL PROJECTS 6 7 Synopsis: This ordinance appropriates funds for Prime Life Enrichment Center and Carmel 8 Clay Historical Society’s operational expenses. 9 10 WHEREAS, funds in the amount of One Hundred Thousand ($100,000.00) to pay for Prime 11 Life Enrichment Center operational expenses; and 12 13 WHEREAS, funds in the amount of One Hundred Thousand ($100,000.00) to pay for Carmel 14 Clay Historical Society operational expenses; and 15 16 WHEREAS, upon previously approved Common Council Resolution CC 12-02-24-01, the 17 Marketing and Community Relations Budget (#1203) has excess funds in the amount of at least Two 18 Hundred Thousand Dollars ($200,000.00) to appropriate to Line Item 4359000 - Special Projects. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 21 that the following sum of money is hereby appropriated from the Marketing and Community Relations 22 Budget (#1203) for the purposes specified herein, subject to applicable laws, as follows: 23 24 $200,000.00 from the Marketing and Community Relations Budget (#1203) 25 26 To 27 28 Marketing and Community Relations Budget (#1203): Line Item 4359000 – Special Projects - 29 $200,000.00 30 31 32 This Ordinance shall be in full force and effect from and after the date of its passage and 33 signing by the Mayor. 34 35 36 37 38 39 40 41 42 43 44 45 Ordinance D-2746-24 46 Page One of Two 47 48 SPONSOR(s): Councilors Green and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/13/2024 at 3:36 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 49 _________________, 2024, by a vote of _____ ayes and _____ nays. 50 51 COMMON COUNCIL FOR THE CITY OF CARMEL 52 53 54 Anthony Green, President Adam Aasen, Vice-President 55 56 57 Rich Taylor Matthew Snyder 58 59 ______________________________ 60 Jeff Worrell Teresa Ayers 61 62 ______ 63 Shannon Minnaar Ryan Locke 64 65 ______________________________ 66 Anita Joshi 67 68 ATTEST: 69 70 ______________________________ 71 Jacob Quinn, Clerk 72 73 Presented by me to the Mayor of the City of Carmel, Indiana this________day of 74 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 82 ________________________2024, at _______ __.M. 83 84 85 86 Sue Finkam, Mayor 87 ATTEST: 88 89 90 91 Jacob Quinn, Clerk 92 93 Ordinance D-2746-24 94 Page Two of Two 95 96 SPONSOR(S): Councilor Green and Taylor This Resolution was prepared by Samantha Karn, on October 29, 2024, at 8:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION CC 12-02-24-01 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 APPROVING A TRANSFER OF FUNDS FROM THE CARMEL POLICE DEPARTMENT 4 BUDGET (FUND 1110) INTO THE MARKETING AND COMMUNICATIONS DEPARTMENT 5 BUDGET (FUND 1203) 6 7 Synopsis: Transfers $200,000.00 from the 2024 Carmel Police Department budget into the 8 2024 Marketing and Communications budget. 9 10 WHEREAS, the sum of One Hundred Thousand Dollars (100,000.00) is needed to pay for 11 expenses for Prime Life Enrichment Center; and 12 13 WHEREAS, the sum of One Hundred Thousand Dollars (100,000.00) is needed to pay for 14 expenses for Carmel Clay Historical Society; and 15 16 WHEREAS, the 2024 Carmel Police Department budget has excess funds in the amount of Two 17 Hundred Thousand Dollars ($200,000.00) in the following line items: 18 19 Carmel Police Department (1110): Line Item 4122000 – Health Insurance $200,000.00 20 21 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 22 that the Controller is authorized to transfer funds from the 2024 Carmel Police Department (1110) as 23 follows: 24 25 FROM 26 27 Carmel Police Budget (1110): Line Item 4122000 – Health Insurance $200,000.00 28 29 INTO 30 31 Marketing and Communications Budget (1203): Line Item 4359000 – Special Projects $200,000.00 32 33 34 35 (Remainder of page left intentionally blank) 36 37 38 39 40 41 42 43 44 Resolution 12-02-24-01 45 Page One of Two 46 47 SPONSOR(S): Councilor Green and Taylor This Resolution was prepared by Samantha Karn, on October 29, 2024, at 8:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 48 ______ , 2024, by a vote of _____ ayes and _____ nays. 49 50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 53 Anthony Green, President Adam Aasen, Vice-President 54 55 56 Jeff Worrell Matthew Snyder 57 58 ______________________________ 59 Rich Taylor Teresa Ayers 60 61 62 Anita Joshi Ryan Locke 63 64 ______________________________ 65 Shannon Minnaar 66 67 ATTEST: 68 69 ______________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this_________ day of 73 74 ________________________, 2024, at________ ___.M. 75 76 77 78 Jacob Quinn, Clerk 79 80 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 81 82 ________________________, 2024, at________ ___.M. 83 84 85 86 Sue Finkam, Mayor 87 ATTEST: 88 89 90 91 Jacob Quinn, Clerk 92 93 Resolution CC 12-02-24-01 94 Page Two of Two 95 SPONSOR(S): Councilor This Resolution was prepared by Samantha Karn, on December 12, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION CC 12-02-24-04 - A 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 APPROVING A TRANSFER OF FUNDS WITHIN THE MAYOR’S OFFICE BUDGET (#1160) 4 5 Synopsis: Transfers $197,500.00 within the 2024 Mayor’s Office budget. 6 7 WHEREAS, the sum of One Hundred Ninety-Seven Thousand Five Hundred Dollars 8 ($197,500.00) is needed to pay for expenses in various line items within the 2024 Mayor’s Office 9 budget; and 10 11 WHEREAS, the 2024 Mayor’s Office budget has excess funds in the amount of One Hundred 12 Ninety-Seven Thousand Five Hundred Dollars ($197,500.00) in the following line items: 13 14 Mayor’s Office Budget (1160): Line Item 4341999 – Other Professional Fees $150,000.00 15 Mayor’s Office Budget (1160): Line Item 4355300 – Organization & Membership Dues 16 $35,000.00 17 Mayor’s Office Budget (1160): Line Item 4343003 Travel & Lodging - $2,500.00 18 Mayor's Office Budget (1160): Line Item 4355300 Organization & Membership Dues 19 $10,000.00 20 21 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 22 that the CFO/Controller is authorized to transfer funds within the 2024 Mayor’s Office budget (1160) as 23 follows: 24 25 Mayor’s Office Budget (1160): Line Item 4341999 – Other Professional Fees $150,000.00 26 Mayor’s Office Budget (1160): Line Item 4355300 – Organization & Membership Dues 27 $35,000.00 28 Mayor’s Office Budget (1160): Line Item 4343003 Travel & Lodging - $2,500.00 29 Mayor's Office Budget (1160): Line Item 4355300 Organization & Membership Dues 30 $10,000.00 31 32 INTO 33 34 Mayor’s Office Budget (1160): Line Item 4110000 – Full Time Regular $150,000.00 35 Mayor’s Office Budget (1160): Line Item 4110000 – Full Time Regular $35,000.00 36 Mayor’s Office Budget (1160): Line Item 4230200 – Office Supplies $2,500.00 37 Mayor’s Office Budget (1160): Line Item 4463000 – Furniture & Fixtures $35,000.00 38 $10,000.00 39 40 41 42 43 44 Resolution CC 12-02-24-04 - A 45 Page One of Two 46 SPONSOR(S): Councilor This Resolution was prepared by Samantha Karn, on December 12, 2024, at 10:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 47 ______ , 2024, by a vote of _____ ayes and _____ nays. 48 49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 Anthony Green, President Adam Aasen, Vice-President 53 54 55 Jeff Worrell Matt Snyder 56 57 ______________________________ 58 Rich Taylor Teresa Ayers 59 60 61 Anita Joshi Ryan Locke 62 63 ______________________________ 64 Shannon Minnaar 65 66 ATTEST: 67 68 ______________________________ 69 Jacob Quinn, Clerk 70 71 Presented by me to the Mayor of the City of Carmel, Indiana this day of ___ 72 , 2024, at .M. 73 74 75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this day of 78 , 2024, at .M. 79 80 81 82 Sue Finkam, Mayor 83 84 ATTEST: 85 86 87 88 Jacob Quinn, Clerk 89 90 Resolution CC 12-02-24-04- A 91 Page Two of Two 92 SPONSOR(S): Councilors Green and Aasen This Resolution was prepared by Samantha Karn, on December 6, 2024, at 11:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION CC 12-02-24-05-A 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 APPROVING A TRANSFER OF FUNDS WITHIN THE MARKETING AND COMMUNITY 4 RELATIONS DEPARTMENT BUDGET (#1203) 5 6 Synopsis: Transfers $275,000.00 $225,000 within the 2024 Marketing and Community 7 Relations Department budget. 8 9 WHEREAS, the sum of Two Hundred and Seventy Twenty Five Thousand Dollars (167,200.00 10 225,000.00) is needed to pay for expenses in various line items within the 2024 Marketing and 11 Community Relations Department budget; and 12 13 WHEREAS, the 2024 Marketing and Community Relations Department budget has excess 14 funds in the amount of Two Hundred Seventy Twenty Five Thousand Dollars ($275,000.00 15 $225,000.00) in the following line items: 16 17 Marketing and Community Relations Budget (1203): Line Item 4341970 – Cable Channel 18 Productions $150,000.00 $225,000 19 Marketing and Community Relations Budget (1203): Line Item 4341970 – Cable Channel 20 Productions $75,000.00 21 Marketing and Community Relations Budget (1203): Line Item 4342101 – Newsletter Postage 22 $31,000.00 23 Marketing and Community Relations Budget (1203): Line Item 4345003 – Newsletter Printing 24 $19,000.00 25 26 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 27 that the CFO/Controller is authorized to transfer funds within the 2024 Marketing and Community 28 Relations Department (1203) as follows: 29 30 Marketing and Community Relations Budget (1203): Line Item 4341970 – Cable Channel 31 Productions $150,000.00 $225,000 32 Marketing and Community Relations Budget (1203): Line Item 4341970 – Cable Channel 33 Productions $75,000.00 34 Marketing and Community Relations Budget (1203): Line Item 4342101 – Newsletter Postage 35 $31,000.00 36 Marketing and Community Relations Budget (1203): Line Item 4345003 – Newsletter Printing 37 $19,000.00 38 39 INTO 40 41 Marketing and Community Relations Budget (1203): Line Item 4110000 – Full Time Regular 42 $150,000.00 43 Marketing and Community Relations Budget (1203): Line Item 4341999 – Other Professional 44 Fees $75,000.00 45 46 Resolution CC 12-02-24-05-A 47 Page One of Three 48 SPONSOR(S): Councilors Green and Aasen This Resolution was prepared by Samantha Karn, on December 6, 2024, at 11:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. Marketing and Community Relations Budget (1203): Line Item 4463000 – Furniture & Fixtures 49 $31,000.00 50 Marketing and Community Relations Budget (1203): Line Item 4463000 – Furniture & Fixtures 51 $19,000.00 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Resolution CC 12-02-24-05-A 92 Page Two of Three 93 94 SPONSOR(S): Councilors Green and Aasen This Resolution was prepared by Samantha Karn, on December 6, 2024, at 11:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ________ day of 95 ________________________, 2024, by a vote of _____ ayes and _____ nays. 96 97 COMMON COUNCIL FOR THE CITY OF CARMEL 98 99 100 Anthony Green, President Adam Aasen, Vice-President 101 102 103 Jeff Worrell Matthew Snyder 104 105 ______________________________ 106 Rich Taylor Teresa Ayers 107 108 109 Anita Joshi Ryan Locke 110 111 ______________________________ 112 Shannon Minnaar 113 114 ATTEST: 115 116 ______________________________ 117 Jacob Quinn, Clerk 118 119 Presented by me to the Mayor of the City of Carmel, Indiana this _________day of 120 121 ________________________, 2024, at ________ ___.M. 122 123 _____________________________ 124 Jacob Quinn, Clerk 125 126 Approved by me, Mayor of the City of Carmel, Indiana, this __________day of 127 128 ________________________, 2024, at ________ ___.M. 129 130 131 132 Sue Finkam, Mayor 133 ATTEST: 134 135 136 Jacob Quinn, Clerk 137 138 Resolution CC 12-02-24-05-A 139 Page Three of Three 140 1 CITY OF CARMEL DOCS DEPARTMENT REPORT TO THE COUNCIL December 16, 2024 Towne 146 PUD Rezone (Z-694-24) • Plan Commission Docket No. PZ-2024-00028 PUD • Rezone 15.67 acres from S-1/Residence to the Towne 146 PUD for 87 single-family homes and townhomes • Site is located at 2275 W 146th Street • 87 total dwellings proposed with 19% open space Planning and Zoning Analysis • Comprehensive Plan (Comp Plan): o Classifies this area as West Neighborhoods with characteristics including lot sizes from 1/8 to 5+ acres; building coverage between 20% to 50%; 2.5 story heights; front yards, gardens, porches, stoops. o Because this site is along 146th St, it falls into the Typical Corridor classification as well. o Typical corridors are primary E/W and N/S routes that provide connectivity to community assets. These corridors are based on adjacent patterns and serve as transitions between places. They allow expanded housing options and limited commercial as long as they are consistent with adjacent character patterns. o The Policy Goals and Objectives of the Comp Plan calls for such things as a variety of housing types, a mixture of land uses, and promoting housing options to support aging in place. o Building a residential neighborhood adjacent to existing residential is a compatible land use. o The 1 and 2-story height of the homes, large setback to the south, and the landscaped buffer area allows for a sensitive transition from the 2-story homes to the south to this neighborhood and then 146th St. • PUD: o Site plan consists of 29 single-family detached homes and 58 2-story townhomes. o 4 vehicular entrances from frontage road south of 146th St., and 2 pedestrian connections to 146th St. o The street layout is similar to a grid style system and provides short blocks with good connections to promote pedestrian friendly streets. o 3 acres of common area are planned with a pond, tree preservation area, wetland and neighborhood park. o The pond will be combined with the adjacent pond to create a larger water feature with a boardwalk. • Architectural Design: o The PUD includes Architectural Character Imagery along with Architectural Standards. o There will be some homes with garage doors facing the street, but the majority of the residential units will have garage doors facing an alley. This enhances streetscape aesthetics and pedestrian friendliness. o Homes are 1-story or 2-story, with the maximum height limited in the PUD to 28 ft. and 32 ft. o Covered porches and/or stoops are required and porches shall be 6 ft. deep in Area A and B. o Monotony mitigation standards are in place to help avoid a cookie cutter or repetitive aesthetic. o 6-unit buildings will have more masonry on the front to break up the façade and add to the character. Negotiations with Petitioner during Plan Commission process • Original layout proposed a small neighborhood shops building. Petitioner changed the plan to only be residential. • Rental restrictions added as commitments to prevent investors from buying multiple units and renting out. • Additional sidewalk connection to 146th St. path, and path connection to Towne Rd added. • Architectural standards improved and additional landscaping was provided in the common areas and south buffer. Concerns discussed by the Plan Commission • Density and traffic impact study discussed as well as need for smaller ranch homes in the community. • The combined pond and how maintenance would work with two different HOAs. • Tree preservation for the site and buffer landscaping along the south. DOCS Staff found that the residential PUD meets several Policies and Objectives of the Comp. Plan. The development provides a buffer of common area to the neighborhood to the south, provides appropriate pedestrian, bicycle and vehicular access, and contains a wetland preservation and tree preservation area. The architecture was improved throughout the Plan Commission process as well as several other changes and improvements. We recommended that the Plan Commission forward this item to City Council with a Favorable Recommendation. They voted 6-1 to send it with a Favorable Recommendation to City Council. Towne 146 PUD Planned Unit Development (PUD) / Rezone Ordinance No. Z-694-24 PUD REZONE CITY OF CARMEL, INDIANA December 16, 2024 Common Council Applicant: Lennar Homes of Indiana, LLC Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map Context Exhibits 3. Concept Plan 4. Connectivity Plan Open Space Plan 5. Architectural Character Imagery Area A – Single-Family Detached Ranch Homes 6. Architectural Character Imagery Area B – Single-Family Detached Ranch and 2- Story Homes 7. Architectural Character Imagery Area C – 2-Story Townhomes 8. Proposed Rental Restriction Commitments 9. Towne 146 PUD Ordinance TAB 1 1    Towne 146 PUD Project Description Lennar Homes of Indiana, LLC (“Lennar”) has filed a rezone application seeking approval of the “Towne 146 Planned Unit Development Ordinance” (the “Towne 146 PUD”) which pertains to a 15.67 acre site located at the southeast corner of 146th Street and Towne Road (the “Real Estate”). The Real Estate is adjacent to the Saddle Creek community to the south and Ambleside community to the east. Included behind Tab 2 are various site location context maps that depict the location of the Real Estate, as well as the existing and proposed future development around the Real Estate, including planned development for the northside of 146th Street in Westfield. The Plan Commission, on November 19, 2024, voted to send the proposal to the City Council with a positive, favorable recommendation for approval. Modifications to the Towne 146 PUD proposal resulting from the discussion and input from the September, October and November Plan Commission Committee meetings are described below. 1. Concept Plan: Behind Tab 3 is the Concept Plan which was modified by removing the Neighborhood Commercial component from the original proposal, so that the community is now solely a residential development. Further, adjustments to the lot configuration occurred in order to expand the wetland buffer area at the southeast corner of the property. The Concept Plan now includes a total of 87 lots consisting of 17 ranch homes which have a first-floor primary bedroom, 12 new proposed ranch and 2-story detached homes that also offer a first-floor bedroom and 58 2-story townhomes. Due to modifications from the original proposal, the Concept Plan now provides more homes with first-floor bedrooms, preserves more trees in the southeast corner of the Real Estate and provides a larger common area and other open space areas than the original Concept Plan. Two (2) additional trees are now also required in the rear of lots along the south perimeter of the site (adjacent to the Saddle Creek community) as requested by DOCS Staff. The Concept Plan also includes 5 fewer homes than the original Concept Plan which included 92 homes and a proposed neighborhood commercial building – which neighborhood commercial building has been removed from the proposal. 2. Connectivity Plan and Open Space Plan: Behind Tab 4 is the Connectivity Pla and Open Space Plan. The Plan Commission requested additional connectivity within and around the community. The Concept Plan and PUD were revised to require additional internal sidewalk locations and connectivity to the path on the south side of 146th Sreet. Further, a 10’ wood deck/walkway feature which crosses the pond was also added to the proposal. An Open Space exhibit which identifies natural open space areas, tree preservation areas and designed open space areas has also been added to the PUD and updated to show the expanded wetland buffer area. 3. Area A Home Product: Behind Tab 5 is the Architectural Character Imagery for the Area A homes which will be Single-Family Detached ranch homes with an option for a ½ story above. These ranch homes are on larger lots that are located along the southern perimeter of the Real Estate adjacent to the Saddle Creek community. Area A will include 17 ranch homes which will have a first- 2    floor primary bedroom and Lennar anticipates average sales prices to range between $350,000 to $375,000. Also, DOCS Staff requested that all porches for Area A homes be at least 6’ in depth and the PUD was revised to include this standard for Area A homes. 4. Area B Home Product: The homes originally proposed in Area B were 2-story detached homes that did not have a first-floor bedroom. However, during the Plan Commission review process Lennar removed those 2-story homes and replaced them with their Venture Alley series homes that include both a ranch product and a 2-story detached product, both of which include a first-floor bedroom. Behind Tab 6 is the Architectural Character Imagery for the 12 Area B homes and Lennar anticipates the average sales prices to range $375,000 and $400,000. Also, DOCS Staff requested that all porches for Area B homes be at least 6’ in depth and the PUD was revised to include this standard for Area B homes.   5. Area C Home Product: Behind Tab 7 is the Architectural Character Imagery for the Area C 2-story Townhomes and Area C will include 58 2-story townhomes. These 2-story townhomes will be consistent in scale and height of the surrounding single-family residential uses. As part of the Plan Commission review process, DOCS Staff requested color variation and enhanced masonry treatment for the 6-unit townhome buildings, which requirements have been included in the Towne 146 PUD. Lennar anticipates the average sales prices for the townhomes to range between $325,000 to $350,000. 6. Rental Restriction Commitments: The Plan Commission requested, and Lennar provided Rental Restriction Commitments for the Towne 146 community which are included behind Tab 8. 7. Towne 146 PUD: Behind Tab 9 is the Towne 146 PUD which includes all revisions and project modifications resulting from DOCS Staff input and the Plan Commission review process. In summary, changes to the proposal and the PUD text include, but are not limited to, the following:  Removal of the neighborhood commercial node.  Reduction in the number of homes.  Landscaping and Open Space enhancements.  Pedestrian Connectivity enhancements.  Removal of the language which would allow the Plan Commission to consider waivers.  Architectural enhancements. The Towne 146 PUD provides a variety of home types and price points. The larger lots for the ranch homes will range between $350,000 to $375,000, the new Venture Alley series detached homes will range between $375,000 and $400,000 and the townhomes will range between $325,000 3    to $350,000. The architectural quality and character of the residential homes proposed for the Towne 146 community will be compatible with that of the surrounding residential communities. Alleys will be utilized to enhance the streetscape appearance from the public view. The townhomes are limited to 2-stories in height to be consistent in scale with the surrounding single-family residential uses. The following page below includes an explanation regarding how the Towne 146 proposal addresses “missing middle” housing needs in the City of Carmel and an explanation regarding how the proposal meets certain objectives and goals of the Comprehensive Plan. As noted above, the Plan Commission, on November 19, 2024, voted to send the proposal to the City Council with a positive, favorable recommendation for approval. We look forward to presenting this request to the Council on December 16, 2024. Respectfully submitted,   4    How the Proposal Addresses “Missing Middle” Housing Needs The Towne 146th proposal provides and opportunity to address the “missing middle” housing needs of the City of Carmel by: (i) providing availability of appropriately priced new housing opportunities to the current empty-nester Carmel population who are seeking to downsize out of their larger homes, but still want to reside in Carmel as they age, as many of the homes have a bedroom on the first floor; (ii) encouraging empty-nester Carmel residents who want to downsize and move out of their larger existing homes, thus making those larger existing homes more accessible to younger “legacy” residents with young, growing families to move into; (iii) facilitating and increasing the supply of “missing-middle” smaller housing opportunities that are desired by seniors (because many of the homes having a first floor bedroom) who are looking to downsize, in the form of well-designed, single-family detached homes on smaller lots with less home square footage and less maintenance responsibilities, but with the desired community amenities, including open spaces, gathering areas, a pedestrian-friendly neighborhood with trails and paths - the types of community amenities that allow residents to interact and from meaningful neighborhood bonds; and, (iv) proposing an “in-fill” development that should protect the existing and surrounding residential communities, as the Towne 146 PUD contains specific architectural guidelines and standards and tree preservation. Comprehensive Plan Statement The subject Real Estate and surrounding area south of 146th Street is designated, per the Carmel Comprehensive Plan 2022 Development Patterns Map, as “West Neighborhoods”. The subject Real Estate is also located within a “Typical Corridor” (146th Street) as designated in the Comprehensive Plan. Attributes associated with a “Typical Corridor" include: (i) serving as a transition between places and uses; and (ii) allowing for expanded housing options. As shown on the various site location context exhibits included behind Tab 2, the area north of 146th Street includes property within Westfield zoned for intense retail, commercial and office uses. The Real Estate is an “in-fill” site and presents a unique opportunity for development of a master- planned residential community that includes smaller for-sale ownership opportunities, with multiple home product offerings that expands housing options in Carmel, and in a location that serves as an appropriate transition between the existing residential neighborhoods on the south side of 146th Street and the more intense uses and development that will occur on the north side of 146th Street. The Towne 146 PUD provides for: (i) expanded diversity of for-sale housing products, including single-family detached homes offering a first-floor bedroom, with enhanced architectural design and detail as is required by the architectural provisions of the proposed PUD; (ii) an appropriate transition next to a major thoroughfare (146th Street) and intense commercial development; (iii) limiting the height of homes and townhomes to 2-stories and positioning the fronts of dwellings to face toward 146th Street providing an attractive streetscape; and, (iv) internal and external pedestrian connectivity and passive common areas and open space areas, including tree preservation. TAB 2 Site Location Map / Aerial Photograph NORTH SITE To w n e R o a d 146th Street TOW N E R D RETENTION DRAINAGE EASEMENT PARK PARK TRAIL FRONTAGE ROAD WITH PARKING TAB 3 146TH STREET TOW N E R D RETENTION DRAINAGE EASEMENT PARK PARK TRAIL FRONTAGE ROAD WITH PARKING TAB 4 OLD 146TH STREET 146TH & TOWNE ROAD CARMEL, INDIANA 0' SCALE: 1" = GRAPHIC SCALE 50' 100' 150' 100'(11x17) CONNECTIVITY EXHIBIT NOVEMBER 12, 2024 LEGEND S OLD 146TH STREET TOWNE & 146THOPEN SPACE PLAN CARMEL, INDIANIANOVEMBER 12, 2024 0' SCALE: 1" = GRAPHIC SCALE 60' 120' 180' 120' (11x17) NATURAL OPEN SPACE - TREE PRESERVATION DESIGN OPEN SPACE EXISTING WETLANDS DRAINAGE EASEMENT TREE PRESERVATION FENCE 0.3 AC. 2.9 AC. 0.6 AC. 0.7 AC. TOTAL OPEN SPACE = 3.8 AC. SITE ACREAGE = 15.76 AC. CURRENT OPEN SPACE = 24% PARKPARK EXHIBIT " " TAB 5 TAB 6 TAB 7 TAB 8 Lennar 146th Zoning Commitments 120224 COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Document Cross Reference: Warranty Deed Recorded with the Hamilton County Recorder’s Office on May 10, 2000, as Instrument No. 2000-22764. WHEREAS, Lennar Homes of Indiana, LLC is the applicant (the “Applicant”) and CB Family Partnership is the owner (the “Owner“) in regard to a rezone application identified by Docket Number PZ-2024-00028 that is seeking to rezone the real estate that is described below to the Towne 146th Planned Unit Development Ordinance (the “Towne 146 PUD”) (collectively, the “Request”) with the City of Carmel’s Plan Commission (the “Plan Commission”) and the City of Carmel’s Common Council (the “Council”) pertaining a parcel of real estate that is identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Number 17-09-21-00-00-001.000 (the “Real Estate”), which Real Estate is more particularly described in Exhibit A which is attached hereto and incorporated herein by reference; WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified Development Ordinance (the “UDO”), the Plan Commission and Council may request written zoning commitments in connection with approving rezone requests; and, the Owner and Applicant, in response to the request by the Plan Commission for certain rental zoning commitments in connection to the Request, are offering below described zoning commitments (the “Commitments”); NOW THEREFORE, the Applicant and Owner make the following Commitments regarding the Homes to be constructed on the Real Estate: Section 1. Commitments. Any Home to be constructed upon the Real Estate is subject to the following Commitments: A. Required Sale, Rental and Leasing Provisions in the CCR’s: The following text shall be included in the Covenants, Conditions and Restrictions (the “CCR’s”) that shall be prepared and recorded with the Office of the Recorder of Hamilton County, Indiana which CCR’s shall govern any Homes to be constructed on the Real Estate: 1. Limitations on the Sale of Homes by Lennar Homes: Lennar Homes, and its successors and assigns including any other builder of a Home on the Real Estate, shall only be permitted to sell a maximum of two (2) Homes to the same individual or individuals, corporation, trust, limited liability company, limited partnership or other similar corporate entity. 2 Lennar 146th Zoning Commitments 111224 2. Prohibition of Short-term Rentals: Short-term rentals, as defined in the City of Carmel’s Unified Development Ordinance (“UDO”) and as permitted under Section 5.73 of the UDO, shall be prohibited on the Real Estate. Further, any owner of any Home shall be prohibited from advertising their Home as a short- term rental including but not limited to any advertising on any and all short-term rental internet websites. 3. Limitations on Rental and Leasing of Homes: Subject to the terms and conditions set forth below and subject to the exceptions set forth below, the following shall apply to the rental or leasing of Homes: a. A maximum of twenty percent (20%) of the Homes on the Real Estate shall be permitted to be rented or leased to a third party. b. The initial owner who purchases a Home from Lennar Homes or any other builder of a Home shall not be permitted to rent or lease their Home for income to a third party until that initial owner has owned and resided in the Home for a period of at least twelve (12) months. c. After the twelve (12) month period has expired, the initial owner shall be permitted to lease the Home for income to a third party; however, said lease term to any third party shall be for a minimum period of six (6) months. d. All rental agreements between an owner of a Home and tenant shall: (i) prohibit subleasing and assignment of any rights and obligations to a 3rd party; (ii) be in writing; and, (ii) be approved by the Association Board prior to execution by the owner of a Home and tenant. e. Upon execution by the owner of a Home and tenant of an Association Board approved rental agreement, the owner shall be required to: (i) provide to the tenant the CCR’s; and, (ii) provide the fully executed lease to the Association Board within fifteen (15) days. 4. Exceptions to Limitations on Rental and Leasing of Homes Due to Hardship: a. “Hardship” is defined herein as a personal or financial situation affecting the owner of a Home that, without allowing the renting or leasing of the owner’s Home, detrimental financial harm may occur to the owner. b. An exception to Paragraph 3 above shall exist if an owner of a Home qualifies for a Hardship exception. For an owner to qualify for a Hardship exception, the owner shall provide a written Hardship request to the Association Board that details the specific circumstances of the owner’s Hardship and an explanation of the detrimental financial harm that may 3 Lennar 146th Zoning Commitments 111224 occur to the owner if that owner is not permitted to rent or lease their Home. c. Within fifteen (15) days of the Association Board receiving a written Hardship Request, the Association Board shall provide the owner a written response either approving the Hardship request or denying the Hardship request. In the event a Hardship request is denied, the Association Board shall set forth its reasons for denial. d. In the event an owner of a Home qualifies for a Hardship exception, the owner shall be permitted to lease their Home for income to a third party however, said lease term to any third party shall be for a minimum period of six (6) months. e. All rental agreements between an owner of a Home and tenant occurring as a result of a Hardship shall: (i) prohibit subleasing and assignment of any rights and obligations to a 3rd party; (ii) be in writing; and, (iii) be approved by the Association Board prior to execution by the owner of a Home and tenant. f. Upon execution by the owner of a Home and tenant of an Association Board approved rental agreement occurring as a result of a Hardship, the owner shall be required to: (i) provide to the tenant the CCR’s; and, (ii) provide the fully executed lease to the Association Board within fifteen (15) days. 5. Exceptions to Limitations on Rental and Leasing of Homes for Certain Loans and Mortgages: a. An exception to Paragraph 3 above shall exist if there are any FHA, VA or USDA insured loans or mortgages affecting a Home or Lot for as long as any of the foregoing insured loans or mortgages apply to the Home or Lot. Any restrictions in Paragraph 2 above relating to the renting, leasing, subleasing, or reconveyance that violate any FHA, VA or USDA requirements shall not apply to any Home, Lot or its owner. Section 2. Definitions. 1. Applicant. Lennar Homes of Indiana, LLC. 2. Association Board. Shall mean the board of directors of the homeowner’s association that shall be established and incorporated by Lennar Homes of Indiana, LLC that shall govern and regulate the Real Estate, which shall also include the establishment of association By-Laws and Covenants, Conditions and Restrictions pertaining to the Real Estate. 4 Lennar 146th Zoning Commitments 111224 3. Director. The Director of Department of Community Services of the City of Carmel, Indiana. 4. Home or Homes. Shall mean any single-family detached homes and any townhomes on the Real Estate. 5. FHA. Federal Housing Administration. 6. Lot. Shall mean a lot as a lot is to be defined in the Towne 146 Covenants, Conditions and Restrictions. 7. Owner. CB Family Partnership. 8. USDA. United States Department of Agriculture. 9. VA. United States Department of Veterans Affairs. Section 3. Modification of Commitments. These Commitments shall continue in effect until modified or terminated. These Commitments shall only be modified or terminated by the Plan Commission in accordance with the City of Carmel’s Unified Development Ordinance and any applicable laws, rules and regulations. Section 4. Effective Date. These Commitments shall be effective upon the Council’s approval of the Request. Section 5. Recording. These Commitments shall be recorded with the Office of the Recorder of Hamilton County, Indiana by the Applicant upon approval of the Request by the Council and acquisition of the Real Estate. Within thirty (30) days after the recording of these Commitments, the Applicant shall provide to the Director a recorded copy of these Commitments. Section 6. Enforcement. These Commitments may be enforced by the Director of the Department of Community Services at the direction of the Council and/or Plan Commission. Section 7. Binding on Successors. These Commitments are binding upon: (i) the Owner, and its successors and assigs; (ii) Lennar, its successors and assigns including any other builder of a Home on the Real Estate; (iii) each owner of a Home; and, (iv) upon each owner of a home successors, assigns and grantees with respect to the portion of the Real Estate owned by such successor, assign and grantee and during such successor’s, assign’s and grantee’s ownership, unless the Commitments herein are modified or terminated by the Plan Commission pursuant to the requirements herein. Notwithstanding the provisions of this Section 7, these Commitments shall terminate as to any part or parts of the Real Estate for which the zoning district or classification is later changed after the Effective Date. 5 Lennar 146th Zoning Commitments 111224 IN WITNESS WHEREOF, the Owner has caused these Commitments to be executed as of the dates identified below. “Owner” CB Family Partnership By: _______________________________ Name: _______________________________ Title: _______________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared _________________________________ (name) as ___________________________ title) of CB Family Partnership, the Owner, who acknowledged the execution and the foregoing Commitments Concerning Use and Development of Real Estate this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public Residing in _____________ ___________________________________ County of _____________ Printed Name 6 Lennar 146th Zoning Commitments 111224 IN WITNESS WHEREOF, the Applicant has caused these Commitments to be executed as of the dates identified below. “Applicant” Lennar Homes of Indiana, LLC By: _______________________________ Name: _______________________________ Title: _______________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared _________________________________ (name) as ___________________________ title) of Lennar Homes of Indiana, LLC, the Applicant, who acknowledged the execution and the foregoing Commitments Concerning Use and Development of Real Estate this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public Residing in _____________ ___________________________________ County of _____________ Printed Name This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. I affirm under the penalties of perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. James E. Shinaver. 7 Lennar 146th Zoning Commitments 111224 EXHIBIT “A” (Legal Description) Page 1 of 2 A part of the West Half of the Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of said Quarter Section, said corner marked by a Harrison Monument per Hamilton County Surveyor’s Office Corner Records; thence North 89 degrees 09 minutes 42 seconds East (Saddle Creek assumed bearing per survey recorded as Instrument Number 9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of said West Half a distance of 1353.28 feet to the northeast corner of said West Half; thence South 00 degrees 29 minutes 34 seconds East along the east line of said West Half a distance of 25.00 feet to the POINT OF BEGINNING being a southeast corner of the 3.436-acre tract of land described in Instrument Number 2016010931 in said Recorder’s Office; thence continuing South 00 degrees 29 minutes 34 seconds East along said east line a distance of 624.47 feet to the northeast corner of Common Area Number 6 in Saddle Creek Section Twelve per plat recorded in Plat Cabinet 3, Slide 308 as Instrument Number 200300122041 in said Recorder’s Office; thence South 89 degrees 22 minutes 09 seconds West along the north line of said Common Area Number 6 a distance of 1206.16 feet to a southeast corner of said 3.436-acre tract and the following eight (8) courses are along the easterly and southern lines of said 3.436-acre tract; (1) thence North 00 degrees 40 minutes 50 seconds West a distance of 143.69 feet; (2) thence North 54 degrees 44 minutes 53 seconds East a distance of 54.90 feet to the point of curvature of a non- tangent curve to the left having a radius of 235.00 feet; (3) thence northeasterly along said curve an arc distance of 165.81 feet, said curve being subtended by a chord having a bearing of North 36 degrees 11 minutes 25 seconds East and a chord distance of 162.39 feet; (4) thence North 00 degrees 43 minutes 46 seconds West a distance of 161.10 feet to the point of curvature of a non- tangent curve to the right having a radius of 135.00 feet; (5) thence northerly along said curve an arc distance of 95.20 feet, said curve being subtended by a chord having a bearing of North 19 degrees 31 minutes 14 seconds East and a chord distance of 93.24 feet; (6) thence North 42 degrees 02 minutes 27 seconds East a distance of 81.82 feet to the point of curvature of a non- tangent curve to the right having a radius of 155.00 feet; (7) thence easterly along said curve an arc distance of 47.64 feet, said curve being subtended by a chord having a bearing of North 80 degrees 21 minutes 26 seconds East and a chord distance of 47.45 feet; (8) thence North 89 degrees 09 minutes 42 seconds East a distance of 931.13 feet to the POINT OF BEGINNING, containing 15.760 acres, more or less. 8 Lennar 146th Zoning Commitments 111224 EXHIBIT “A” (Legal Description – Location Map) Page 2 of 2 TAB 9 Sponsor: Councilor Minnaar CARMEL, INDIANA Towne 146 PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-694-24 November 20, 2024 Version 18 112024 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions ....................................................................................................................... 4 Section 3. Uses & Accessory Buildings .......................................................................................... 6 Section 4. Development Standards .................................................................................................. 7 Section 5. Common Area Requirements ......................................................................................9 Section 6. Landscaping Requirements ..........................................................................................9 Section 7. Signage Requirements ...............................................................................................10 Section 8. Additional Requirements and Standards ...................................................................... 10 Section 9. Procedural Provisions ...............................................................................................13 Section 10. Controlling Developer’s Consent .............................................................................14 Section 11. Violations and Enforcement .....................................................................................15 Section 12. Exhibits .....................................................................................................................15 Exhibit A Legal Description Exhibit B Concept Plan, Connectivity Plan Exhibit and Open Space Plan Exhibit C Architectural Character Imagery – Area A Lots Exhibit D Architectural Character Imagery – Area B Lots Exhibit E Architectural Character Imagery – Area C – Townhomes Exhibit F Architectural Standards Exhibit G Common Area Concept Imagery Version 18 112024 3 Sponsor: Councilor Minnaar ORDINANCE Z-694-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE TOWNE 146 PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Towne 146 Planned Unit Development District Ordinance (the “Towne 146 PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit Development district allowing the development of a mixed-residential neighborhood laid out in the style and character as depicted on the Concept Plan (attached as Exhibit B) which includes single-family homes and townhomes. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, Lennar Homes of Indiana, LLC (“Lennar”), submitted an application to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, Lennar’s application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on August 20, 2024 concerning Lennar’s application for a PUD District Ordinance, which application was docketed as PZ-2024-00028 PUD, and WHEREAS, the Plan Commission, at its hearing on November 19, 2024, has given a Favorable Recommendation to this Towne 146 PUD (the “Towne 146 Ordinance”), which establishes the Towne 146 Planned Unit Development District (the “Towne 146 District”). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this Towne 146 Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this Towne 146 Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by Version 18 112024 4 this Towne 146 Ordinance; and, (iv) this Towne 146 Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Towne 146 District. Section 1.2 Development in the Towne 146 District shall be governed entirely by (i) the provisions of this Towne 146 Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Towne 146 Ordinance. Where this Towne 146 Ordinance is silent, the applicable standards of the UDO shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Towne 146 Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Towne 146 Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Towne 146 Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. “ADLS”: The architecture, design, exterior lighting, landscaping and signage associated with a Building. “ADLS Approval”: Approval by the Plan Commission of architecture, design, lighting and landscaping and signage pursuant to the procedures for ADLS review of the UDO and the Development Requirements. Area A Lots: The area identified as “Area A” on the Concept Plan. Area B Lots: The area identified as “Area B” on the Concept Plan. Version 18 112024 5 Area C – Townhomes: The area identified as “Area C” on the Concept Plan. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit C (Architectural Character Imagery – Area A Lots), Exhibit D (Architectural Character Imagery – Area B Lots), and Exhibit E (Architectural Character Imagery – Area C – Townhomes), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final designs that may be built. All Buildings and Dwellings will comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit F (Architectural Standards). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer. Common Areas do not include any area which is divided into individual Dwelling lots or streets. Common Areas shall be in the areas generally identified on the Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to Lots, streets and Common Areas attached hereto as Exhibit B (Concept Plan). Controlling Developer: Shall mean Lennar Homes of Indiana, LLC or the owner of the Real Estate at the time of adoption of the Towne 146 Ordinance, until such time as Lennar Homes of Indiana, LLC or the owner transfers or assigns, in writing, its rights as Controlling Developer such as to an Owners Association. Development Requirements: Written development standards and any written requirements specified in this Towne 146 Ordinance, which must be satisfied in connection with the approval of a Primary Plat and Building Permits. Plan Commission: The City’s Plan Commission. Primary Plat or “PP”: A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of lots, streets and common areas. Primary Roof: The highest roof plane on the front elevation. Version 18 112024 6 Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Setback, Minimum: The minimum setback a dwelling shall be from the property line. Stoops, steps, and landings may encroach into the required Minimum Front Yard Setback. Said encroachments may extend to the front property line as required to access a door to enter the Dwelling. Stoop: A landing area adjacent to the front door of a dwelling connected to a sidewalk. Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding to the UDO. Section 3. Uses and Accessory Buildings. Section 3.1 Permitted Uses: The Conceptual Plan divides the District into three (3) Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached Residential, Alley), and Area C (Townhomes - Attached Residential). The Permitted Uses within each Area shall be as set forth below: A. Area A and Area B: Single-Family Dwellings. B. Area C: Townhomes. C. Temporary Model Homes shall be permitted in all Areas. Section 3.2 Accessory Building and Uses: Accessory Buildings and Uses shall be permitted in the District unless prohibited in the Declaration(s) of Covenants. Accessory Buildings and Uses shall be subject to the terms and restrictions of the UDO. A. Solar Panels shall be a permitted Accessory Use on the Real Estate. Section 3.3 Special Uses: Special Uses shall be permitted as set forth in the Use Table and shall be subject to review and subsequent approval pursuant to the UDO. Section 3.4 Temporary Uses: Temporary Uses shall be permitted as set forth in the Use Table and shall be subject to the terms and restrictions of the UDO. Section 3.5 Home Occupations: Home Occupations shall be permitted and shall be subject to the terms and restrictions of the UDO. Section 3.6 Non-Conforming Uses: Non-Conforming Uses and exemptions shall be subject to the terms and restrictions of the UDO. Section 3.7 Short Term Residential Rentals: Shorth Term Residential Rentals as Version 18 112024 7 regulated under the UDO shall be prohibited on the Real Estate. Section 4. Development Standards. Section 4.1 Bulk Requirements: The following standards shall apply. Area Minimum Lot Minimum Yard Setbacks Min. Dwelling Unit Size (SF) Max Lot Coverage Width Area (SF) Street Frontage Front Side Rear 1- story 2- story Area A – Front Load Detached Residential 50' 5,000 40' 20' 6' 15' 1,400 1,700 60% Area B – Rear Load Detached Residential, Alley 42’ 3,000 20’ 10’ 6’ 15’ 1,200 1,400 75% Area C – Townhomes Attached Residential 24' N/A 20' 10' 15' between buildings 10' 1,200 1,400 80% Section 4.2 Maximum Residential Densities: The maximum number of Residential Dwellings shall be eighty-seven (87). Section 4.3 Building Height: The maximum Building Height shall be as follows: A. Area A – Single-family: Twenty-eight (28) feet. B. Area B – Single-family: Twenty-eight (28) feet. C. Area C – Single-family: Thirty-two (32) feet. Section 4.4 Dwelling Orientation: A. Dwellings in Area A shall have front-facing garages with individual access to the street. B. Alleys shall be required in Area B and Area C. Driveways on Lots in Area B and Area C shall only access alleys (no direct driveway to street access shall be permitted). Version 18 112024 8 C. All Dwellings shall provide a sidewalk connection from the front door of each dwelling to a sidewalk at the street or along the perimeter of a common area. Section 4.5 Architectural Standards: A. Character Imagery: The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C (Architectural Character Imagery – Area A Lots), Exhibit D (Architectural Character Imagery – Area B Lots), and Exhibit E (Architectural Character Imagery – Area C – Townhomes). B. Dwelling Architecture: Applicable architectural requirements and standards for dwellings are contained in Exhibit F (Architectural Standards) of this Towne 146 Ordinance. Section 4.6 Lighting: A. Lot Lighting: All Dwellings shall have light fixtures on either side of the garage door and equipped with a photocell so the light is on from dusk to dawn. B. Street Lighting: Street lighting (lighting in the street right-of-way) shall be required and shall meet the requirements of Article 7.32 and 7.33 of the UDO. Section 4.7 Parking: Parking shall comply with the UDO, except as provided below: A. Four (4) spaces per Dwelling are required. B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on- street parking shall count toward the number of required parking spaces. C. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length as measured from the street right of way or alley. Vehicles shall not be parked in a location that encroaches onto a sidewalk or alley. D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt and gravel driveways shall not be permitted. Version 18 112024 9 A. On-street Parking: On-street parking shall be permitted on the Real Estate's internal streets and along the frontage road. Each parallel on- street parking space shall be a minimum of twenty-two (22) feet in length. B. Bicycle Parking: Bicycle parking shall comply with the standards of the UDO. Section 5. Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 A minimum of three (3) acres of the District, shall be allocated to Common Area as generally illustrated on the Concept Plan. Section 5.2 Open space, including internal trails and paths, shall be provided as generally depicted on the Concept Plan and as conceptually shown on Exhibit G (Common Area Concept Imagery) of this Towne 146 Ordinance. An Open Space Plan shall be submitted at the time of Primary Plat review. Section 5.3 The existing wetland generally located in the southeastern corner of the Real Estate shall be placed within a Water Quality Preservation Easement which shall permit pathways, storm sewers, sanitary sewers, and grading within the fifty (50) foot easement area outside the delineation of the wetland. Section 5.4 Internal paths shall be of a width and location as generally depicted on Exhibit G (Common Area Concept Imagery). All internal paths not located in right-of-way shall be located in a public pedestrian easement. The final location of the internal trail is subject to existing easements and final engineering. If the internal paths are prevented from being installed as generally shown, then an alternative path location may be provided that still provide access within the subject area of the Real Estate. Section 5.5 Two (2) areas identified on the Concept Plan as “Park” shall be provided as generally depicted on Exhibit G (Common Area Concept Imagery). Collectively, the areas shall include (i) a boardwalk structure and (ii) landscaping. Section 5.6 The Common Area along the southern perimeter of the Real Easte shall be in substantial compliance with the Concept Plan as required under Section 9.1.B of this Towne 146 Ordinance. Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Version 18 112024 10 Section 6.1 General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, and fencing. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1) and following the standards and best management practices (BMPs) published by the City’s Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features shall be addressed. The City’s planting details shall be required on the landscape plan. All trees shall be selected from the City’s recommended tree list published by the City’s Urban Forestry Program or otherwise approved by the Urban Forester. B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall be 6 feet in height when planted. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses must obtain a mature height of at least 3 feet. C. All landscaping approved as part of a Primary Plat shall be installed prior to issuance of the first Certificate of Occupancy for a dwelling in the area of the Real Estate subject to a Secondary Plat; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the Controlling Developer shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. D. All landscaping is subject to Primary Plat approval. No landscaping which has been approved by the Urban Forester with the Primary Plat may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Urban Forester in order to conform to specific site conditions. E. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Towne 146 Ordinance, to ensure proper maintenance of landscaping in accordance with the Towne 146 Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Section 6.2 Landscaped Areas. Version 18 112024 11 A. Street Trees. 1. Shade trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of fifty (50) feet on center and are not required to be evenly spaced, unless this spacing cannot be attained due to the location of driveways, proposed utilities, or other obstructions as defined below in Section 6.2.B.2. 2. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. B. Foundation and Lot Planting Standards. The following planting requirements apply to all Dwellings: 1. Area A: a. Lots shall be required to plant one (1) shade tree in the front and rear yard. Corner Lots shall install one (1) shade tree included in a minimum of two (2) trees per side facing a street. b. Lots shall have a minimum of twelve (12) shrubs and /or ornamental grasses along the Dwelling foundation with a minimum of eight (8) facing the street. Corner lots shall install a minimum of twenty (20) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of eight (8) shrubs or grasses per side façade facing a street. c. Two (2) shade trees shall be required in the rear yard of all Lots in Area A within one-hundred (100) feet of the south perimeter of the Real Estate. 2. Area B and Area C: a. Lots shall be required to plant a minimum of one (1) shade tree in the front yard. Corner Lots shall install a minimum of two (2) trees per side facing a street. b. Lots shall have a minimum of eight (8) shrubs and /or ornamental grasses along the Dwelling foundation facing the street. Corner lots shall install a minimum of eight (8) shrubs Version 18 112024 12 and/or ornamental grasses along the dwelling foundation per side façade facing a street. This standard shall be applicable to a dwelling building in the case of a Townhome. 3. Air Conditioning units shall be screened by a minimum of three (3) shrubs. 4. Foundation and Lot plantings shall be installed by the builder at the time a Dwelling is constructed on the Lot(s). C. Stormwater Ponds: Stormwater management ponds shall incorporate native vegetation (landscaping materials) along the perimeter of the pond banks in order to count as a best management practice. D. Common Areas. Common Areas shall be planted at a rate of ten (10) shade trees per acre. Section 7. Signage Requirements. All signage on the Real Estate shall comply with the UDO as amended below: Section 7.1 Entryway Features. Entryway Features shall require ADLS Amendment approval. Section 7.2 Subdivision Signage. A subdivision entry sign shall be permitted at each connection of internal streets to the 146th Street frontage road with a minimum setback of five (5) feet. Section 8. Additional Requirements and Standards. Section 8.1 Home Occupations. Home Occupations shall meet the requirements of the UDO as amended. Section 8.2 Right-of-way Standards. A. The required right-of-way for the 146th Street frontage road shall be the existing right-of-way. B. Internal Street width and cross-section shall be designed to meet the City of Carmel Local Street Standards. C. Alleys pavement width shall be a minimum of twenty (20) feet. D. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan. No vehicular access shall be permitted from 146th Street other than the frontage road as generally illustrated on the Concept Plan. Version 18 112024 13 Section 8.3 Sidewalks and Pedestrian Amenities. A. A five (5) foot wide sidewalk shall be required along both sides of all internal streets except along segments where a ten (10) foot wide path is provided along subject segment. B. A five (5) foot wide sidewalk shall be required along the front of dwellings adjacent to the 146th Street frontage road. This sidewalk may be located in the right-of-way or a pedestrian access easement outside the right-of-way. C. Internal paths shall be installed within the common area as generally shown on Exhibit G subject to approval by the Surveyors Office regarding the legal drain crossing. D. Connections shall be provided between internal paths/sidewalks and the path along the south side of 146th Street. In this regard a five (5) foot sidewalk and crosswalk and a ten (10) foot path and crosswalk shall be installed across the frontage road and connect to the 146th Street path. Locations of these connections shall be as shown on the Connectivity Plan Exhibit. E. A sidewalk connection shall be provided between the path along the east side of Towne Road to the sidewalk along the south side of the 146th Street frontage road. The location of this connection shall be as shown on the Connectivity Plan Exhibit. F. A three (3) foot side sidewalk shall be required between the front door of the dwelling and the sidewalks in the street right of way as shown on the Connectivity Plan Exhibit. Section 8.4 Road Improvement Requirements. Development of the Real Estate shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the UDO unless otherwise provided for in this Towne 146 Ordinance for only the street connections to the 146th Street Frontage Road as shown on the Concept Plan. Section 8.5 Southern Pond. The pond illustrated on the Concept Plan along the east perimeter of the Real Estate shall include a fountain or aerator system. The final design shall be as directed and approved by DOCS, Carmel Engineering, and the Hamilton County Surveyor. Section 9. Procedural Provisions. Section 9.1 Primary Plat and ADLS. A. Primary Plat (“PP”) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, Version 18 112024 14 as prescribed in UDO, shall be required prior to the issuance of an Improvement Location Permit to determine if the PP and ADLS satisfy the Development Requirements specified within this Towne 146 Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Primary Plat Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO. C. ADLS Approval by the Plan Commission shall be required for Attached Single-Family (Townhome) Dwellings. Single-Family Detached Dwellings shall comply with applicable architectural standards and be reviewed by staff at the time of building permit approval. D. If there is a Substantial Alteration in any approved PP or ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a Committee thereof, pursuant to the Plan Commission’s rules of procedure. Minor Alterations shall be approved by the Director. Section 9.3 Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the Primary Plat and is in conformance with the Development Requirements of this Towne 146 Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Plan Commission. Section 9.4 Variance of Development Requirements. The BZA may authorize Variances from the terms of the Towne 146 Ordinance, subject to the procedures prescribed in the UDO. Section 10. Controlling Developer’s Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement Location Permits for any site improvements within the Real Estate; Version 18 112024 15 B. Sign permits for any signs within the Real Estate; C. Improvement Location Permits for any Dwellings within the Real Estate; D. Primary Plat or Secondary Plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Towne 146 Ordinance. Section 11. Violations and Enforcement. All violations and enforcement of this Towne 146 Ordinance shall be subject to the requirements of the UDO. Section 12. Exhibits. All of the Exhibits (A-G) on the following pages are attached to this Towne 146 Ordinance, are incorporated by reference into this Towne 146 Ordinance and are part of this Towne 146 Ordinance. The remainder of this page is left blank intentionally. Exhibit “A” Page 1 of 2 Exhibit “A” (Legal Description) A part of the West Half of the Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the northwest corner of said Quarter Section, said corner marked by a Harrison Monument per Hamilton County Surveyor’s Office Corner Records; thence North 89 degrees 09 minutes 42 seconds East (Saddle Creek assumed bearing per survey recorded as Instrument Number 9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north line of said West Half a distance of 1353.28 feet to the northeast corner of said West Half; thence South 00 degrees 29 minutes 34 seconds East along the east line of said West Half a distance of 25.00 feet to the POINT OF BEGINNING being a southeast corner of the 3.436-acre tract of land described in Instrument Number 2016010931 in said Recorder’s Office; thence continuing South 00 degrees 29 minutes 34 seconds East along said east line a distance of 624.47 feet to the northeast corner of Common Area Number 6 in Saddle Creek Section Twelve per plat recorded in Plat Cabinet 3, Slide 308 as Instrument Number 200300122041 in said Recorder’s Office; thence South 89 degrees 22 minutes 09 seconds West along the north line of said Common Area Number 6 a distance of 1206.16 feet to a southeast corner of said 3.436-acre tract and the following eight (8) courses are along the easterly and southern lines of said 3.436-acre tract; (1) thence North 00 degrees 40 minutes 50 seconds West a distance of 143.69 feet; (2) thence North 54 degrees 44 minutes 53 seconds East a distance of 54.90 feet to the point of curvature of a non- tangent curve to the left having a radius of 235.00 feet; (3) thence northeasterly along said curve an arc distance of 165.81 feet, said curve being subtended by a chord having a bearing of North 36 degrees 11 minutes 25 seconds East and a chord distance of 162.39 feet; (4) thence North 00 degrees 43 minutes 46 seconds West a distance of 161.10 feet to the point of curvature of a non- tangent curve to the right having a radius of 135.00 feet; (5) thence northerly along said curve an arc distance of 95.20 feet, said curve being subtended by a chord having a bearing of North 19 degrees 31 minutes 14 seconds East and a chord distance of 93.24 feet; (6) thence North 42 degrees 02 minutes 27 seconds East a distance of 81.82 feet to the point of curvature of a non- tangent curve to the right having a radius of 155.00 feet; (7) thence easterly along said curve an arc distance of 47.64 feet, said curve being subtended by a chord having a bearing of North 80 degrees 21 minutes 26 seconds East and a chord distance of 47.45 feet; (8) thence North 89 degrees 09 minutes 42 seconds East a distance of 931.13 feet to the POINT OF BEGINNING, containing 15.760 acres, more or less. Exhibit “A” Page 2 of 2 Exhibit “A” (Legal Description – Location Map) Exhibit “B” Exhibit “B” (Concept Plan) Exhibit “B” Exhibit “B” (Connectivity Plan Exhibit) Exhibit “B” Exhibit “B” (Open Space Plan Exhibit) Exhibit “C” (Architectural Character Imagery – Area A Lots) See following four (4) pages. Exhibit “D” (Architectural Character Imagery – Area B Lots) See following three (3) pages. Exhibit “E” (Architectural Character Imagery – Area C Lots - Townhomes) See following three (3) pages. Exhibit “F” (Architectural Standards - Residential) Section 1. Introduction & Procedure A. Character Imagery: Applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings is included within Exhibit C (Architectural Character Imagery – Area A Lots), Exhibit D (Architectural Character Imagery – Area B Lots) and Exhibit E (Architectural Character Imagery – Area C – Townhomes). Section 2. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials. EIFS, Vinyl and aluminum siding shall be prohibited. 1. All homes shall have a masonry wainscot on all sides of the building up to the lowest windowsill on the first floor, at a minimum. The same masonry used on the front wainscot shall be used on the side and rear wainscots. 2. Any exterior chimney, where provided, shall have full height masonry. 3. There shall be a minimum of three (3) masonry colors used across the Real Estate. B. Required Window Openings: 1. Minimum Number: a. A minimum of three (3) windows on the front facade, two (2) windows, per level (floor), on the side façades, and four (4) windows on the rear facade shall be provided for all Dwellings based on the plans on file with the Department of Community Services. b. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of eight (8) square feet. A door on the side of a Dwelling may substitute for one (1) window on the same side of the Dwelling. 2. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. 3. All windows not surrounded by masonry shall be trimmed (l" by 4" nominal board). C. Garage Type: 1. All garages shall be attached to the Dwelling. 2. Garage Doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). 3. All Dwellings shall have a minimum of a two (2) car garage. D. Porches and Entryways: 1. Covered porches and/or stoops shall be required on all Dwellings and shall be (i) a minimum of thirteen (13) square feet in Area A and (ii) a minimum of thirty (30) square feet in Area B. 2. Porches in Area A and Area B shall be a minimum of six (6) feet in depth. Depth shall be measured from the inside framing of the wall to the outside edge of the porch. Additionally, columns shall be permitted within the minimum six (6) foot porch depth. E. Roofline: 1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal units). Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower roof pitch. 2. All roofs shall have at least an eleven-inch (11") overhang after installation of siding or an eight-inch (8") overhang after installation of brick or stone masonry. This measurement shall not include gutters. 3. All Dwellings' roofs shall include architectural-grade dimensional shingles. Three-tab shingles are not permitted. 4. If dormers are used, at least one (1) window or decorative louver per dormer is required. F. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated chain-link or wood. G. AC Units: Air Conditioning units shall be located on the rear or side or the side of end Townhome units. Section 3. Monotony Mitigation, Single-Family Detached: A. Front Façade: The same front building elevation shall not be constructed on (i) two (2) lots on either side of the subject lot and (ii) on a lot directly across the street from the subject lot. To be different, the front elevation would need to have changes in the form or the roof type of pitch, porch placement, or dormer design or location. B. Exterior Siding Color: No two (2) side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same primary exterior color on the primary structure of the home. C. Exterior Masonry Color: No two (2) side by side homes on contiguous lots shall have the same masonry color. D. Anti-Monotony Exemption: Lots that either do not front the same street with front doors facing the same street shall be exempt from this anti-monotony requirement. In this scenario, the pattern shall reset. Section 4. Monotony Mitigation, Single-Family Attached (Townhomes): A. Minimum Number of Floor Plans: Area C shall have a minimum of two (2) unique floor plans. B. No more than six (6) dwellings shall be attached to form a townhome building. C. Exterior Color Package: Individual units shall incorporate various materials, patterns, and design features as depicted in Exhibit E. D. There shall be two (2) color schemes so that adjacent buildings shall have alternating colors. E. 6-unit Townhome buildings shall have additional masonry on the front building elevation as depicted in Exhibit E. Section 5. Lot Lighting: All Dwellings shall have light fixtures flanking the garage door and equipped with a photocell, so the light is on from dusk to dawn. Section 6. Parking: A. Driveways shall be a minimum of twenty (20) feet in length as measured from the street right of way or alley. Vehicles shall not be parked in a location that encroaches onto the sidewalk or alley. B. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt and gravel driveways shall not be permitted. Gravel shall not be a permitted ground cover between townhome driveways. Mulch shall be provided between driveways in Area C along with two (2) shrubs. Section 7. Bedrooms: All homes in Area A shall be a 1-story design or include the primary bedroom on the 1st floor if living area is provided above the 1st floor. Exhibit “G” (Common Area Concept Imagery) PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ______________________________ ______________________________ Anthony Green, President Adam Aasen, Vice-President ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ ______________________________ Matthew Snyder Rich Taylor ______________________________ Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk 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 This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. Towne 146 PUD 18 112024 1 CITY OF CARMEL DOCS DEPARTMENT REPORT TO THE COUNCIL December 6, 2024 Gramercy PUD Ordinance Amendment (Z-695-24) • Plan Commission Docket No. PZ-2024-00140 Ordinance Amendment • Modify the Gramercy PUD (Z-493-06) to develop a new site layout within the central portion of the real estate. • The 33-acre site is generally located at the southeast corner of City Center Drive and Kinzer Ave. Planning and Zoning Analysis • The proposed Development Master Plan follows the existing Gramercy West PUD (Z-630-18) with new buildings facing their respective streets – either 126th Street or Kinzer Ave. • 3 new townhome sections, 1 new multi-family section, 1 new mixed-use building with integrated first floor parking, as well as multiple open space/parks are proposed. • All proposed residential and retail uses are permitted by the original Gramercy PUD. • The plan allows for new multi-family buildings to blend in with 4 existing Gramercy apartment buildings. • Two new ponds will be created to handle drainage. • 5 new open recreation spaces will be built for a total of 6.44 acres of open space. • The dedicated bike lane on the west side of Kinzer Ave. will not be impacted by the new proposed PUD. • Sidewalks and paths connect throughout to enhance walkability within the neighborhood. Approval Process • This PUD will be unique in that it will require both Plan Commission approval (because it is a PUD) and CRC approval (because of the TIF agreement) for the design of the buildings. • Landscaping and Lighting will have to comply with the existing standards of the original Gramercy PUD. • Signage is proposed to now conform to UDO standards. Negotiations with Petitioner during Plan Commission process • Petitioner proposed removing Exhibit G: “Gramercy Design and Development Standards” from the PUD. o Staff were not in favor as this document contains foundational design principles that will positively guide future development. o Compromises were to make specific changes to Exhibit G, rather than deleting the entire document. • Petitioner proposed to change the building setback for townhomes along City Center Drive from 15’ to 0’. o Staff negotiated the setback to 10’, as that would match existing setbacks along City Center Drive. Concerns Discussed by the Plan Commission • Requested new character images for the townhomes, as they did not match the design quality of the proposed mixed-use and apartment buildings. • Were additional access points to Kinzer Ave. needed for the existing/unchanging east portion of Gramercy? • Addressed neighbors’ concerns regarding Carmel Marketplace redevelopment plan and its impact on the area. o Petitioner reiterated Carmel Marketplace is a future project, separate from this Gramercy PUD Amend. o PC members noted the Petitioner attended multiple City Council Land Use Committee meetings and worked to compromise on many items for the Carmel Marketplace project. o The Carmel Marketplace project will also coincide with additional road improvements to Carmel Drive. DOCS Staff found that the proposed revisions to the Gramercy PUD were consistent with original PUD goals. Existing buildings will be incorporated into the new plan so that there will be mixed uses and multiple housing types offered. Multiple new street and pedestrian connections will be made to the existing Gramercy site. We recommended that the Plan Commission forward this item to City Council with a Favorable Recommendation. They voted 7-0 to send it with a Favorable Recommendation to City Council. 2024 Gramercy PUD Text Amendment “Gramercy East” PUD Text Amendment Ordinance Ordinance No. Z-695-24 CITY OF CARMEL, INDIANA December 16, 2024 Common Council Applicant: Buckingham Properties, LLC Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Exhibit 3. Gramercy Existing Conditions Exhibit 4. Gramercy Master Development Plan Exhibit 5. Open Space Exhibit 6. Architectural Character Exhibits 7. 2024 Gramercy PUD Text Amendment – “Gramercy East” TAB 1 Explanation of Request 2024 Gramercy PUD Text Amendment – Gramercy East By way of general background, in 2006 the Carmel City Council approved the Gramercy Planned Unit Development District, Ordinance Number Z-493-06, (the “Gramercy PUD”) that permitted a mixed-use development on the former Mohawk Hills apartment property. Permitted uses within the Gramercy PUD include multi-family dwelling units, townhomes, senior housing, office and retail uses, as well as a hotel use. After adoption of the PUD in 2006 there were significant changes in the economy and housing industry that prevented the overall “plan” for the Gramercy PUD from advancing forward at that time. However, the circumstances that prevented the Gramercy PUD from proceeding in its entirety have now changed and Buckingham Properties, LLC (“Buckingham”) is now proposing an amendment to the Gramercy PUD with a plan designed as an urban residential development on a portion of the property and the zoning request is referred to as the “2024 Gramercy PUD Amendment Ordinance” (the “2024 Gramercy PUD Amendment”). The portion of the development that is the subject of the 2024 Gramercy PUD Amendment is referred to as “Gramercy East” and consists of approximately 33 acres located south of and adjacent to City Center Drive along the east and west sides of Kinzer Avenue, which real estate is shown and depicted on the site location map included with the submittal (the “Real Estate”) and included behind Tab 2 is a site location map with the boundaries of the Real Estate outlined in yellow. Additionally, the 2024 Gramercy PUD Amendment is a “sister-project’ to another Buckingham rezone proposal seeking C2-Mixed Use zoning for three (3) parcels of real estate that are located north of and adjacent to Carmel Drive and adjacent to intersection of AAA Way and Carmel Drive, which rezone request was referred to as the “Carmel Marketplace” and was identified by Docket Number PZ-2024-000117 Z, which rezone request was approved by the City Council on September 16, 2014. The conceptual site plans and building designs for both Gramercy East and the Carmel Marketplace were reviewed earlier in 2024 by both the City Council and the Redevelopment Commission as part of Buckingham working through issues related to the Gramercy TIF. Further, both Gramercy East and Carmel Marketplace have been designed to complement each other, as well as complement the other new development that has occurred in the overall Gramercy area to date. The 2024 Gramercy PUD Amendment seeks a limited number of modifications to the underlying requirements of the Gramercy PUD. The vision for Gramercy East is to provide a walk- able, pedestrian friendly community with neighborhood-oriented retail uses. Gramercy East will consist of: (i) for-sale townhomes; (ii) for-sale condominiums over retail and structured parking; (iii) multi-family apartment buildings; (iv) renovation of some of the existing 2-story apartment buildings; (v) dedicated public park and plaza spaces; (vi) additional common area and open space areas; and, (vii) new pedestrian and vehicular connectivity. Behind Tab 3 is the Gramercy Existing Conditions Exhibit and behind Tab 4 is the Gramercy Master Development Plan. Behind Tab 5 is the Open Space Exhibit and behind Tab 6 are Building Architectural Character Exhibits for “Gramercy East”. Finally, behind Tab 7 is the 2024 Gramercy PUD Amendment Ordinance. The Plan Commission, on November 19, 2024, voted to send the proposal to the City Council with a positive, favorable recommendation for approval. We look forward to presenting this request to the Council on December 16, 2024. Respectfully submitted, TAB 2 Existing Conditions Gramercy Development Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (58 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to changeCtldbjtttttthhhhhConceptual and subject to changepjg 10/9/2021 Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (450 Parking Spaces + A. C. D. E. F. G. Retention Basin B. H. Neighborhood Connection NeighborhoodConnection Carmel Market Place 3.01 Acres (40 Townhome Units & 20 Condo Flat Units) Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Existing Gramercy East Multi-family 2.99 Acres (80 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres 48 Condo Units (1,800 SF Per Unit) over 8K of Retail & 55 Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (46 Townhome Units) Gramercy East Multi-family 13.49 Acres (315 Multi-family Units) 126th Street Towhhomes 3.08 Acres (52 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Dem o Build i n g Demo Building Demo Building Garage Demo Demo Building Demo Building Demo Building TAB 3 Existing Conditions Gramercy Development Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (58 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to changeCtldbjtttttthhhhhConceptual and subject to changepjg 10/9/2021 Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (450 Parking Spaces + A. C. D. E. F. G. Retention Basin B. H. Neighborhood Connection NeighborhoodConnection Carmel Market Place 3.01 Acres (40 Townhome Units & 20 Condo Flat Units) Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Existing Gramercy East Multi-family 2.99 Acres (80 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres 48 Condo Units (1,800 SF Per Unit) over 8K of Retail & 55 Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (46 Townhome Units) Gramercy East Multi-family 13.49 Acres (315 Multi-family Units) 126th Street Towhhomes 3.08 Acres (52 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Dem o Build i n g Demo Building Demo Building Garage Demo Demo Building Demo Building Demo Building TAB 4 TAB 5 Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (61 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to change 03/11/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space Am e n i t y / Bas k e t b a l l Poo l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres TAB 6 Gramercy Development Master Plan Conceptual and subject to change Area C Area D Area C 11/07/2024 TAB 7 Sponsor: Councilor Minnaar ORDINANCE Z-695-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING THE GRAMERCY PLANNED UNIT DEVELOPMENT DISTRICT (Z-493-06) Synopsis: Ordinance establishes an Amendment to the Gramercy Planned Unit Development District Ordinance, Ordinance Number Z-493-06 which Amendment shall be referred to as the 2024 Gramercy PUD Amendment Ordinance (the “2024 Gramercy PUD Amendment”). The 2024 Gramercy PUD Amendment amends certain provisions of the original Gramercy PUD Ordinance Number Z-493-06 (as amended), pertaining to the existing conditions, the Development Plan, and building architecture. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “Unified Development Ordinance” or “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and WHEREAS, the Carmel Common Council (the “Common Council”) adopted the Gramercy Planned Unit Development Ordinance, Ordinance Number Z-493-06, on August 21, 2006, which established the Gramercy PUD District, and WHEREAS, the Common Council amended the Gramercy PUD District by the enactment Ordinance Z-630-18, on April 17, 2018, (collectively, the “Gramercy PUD”); and WHEREAS, Buckingham Properties, LLC (“Buckingham”) submitted an application to the Carmel Plan Commission (the “Plan Commission”) to amend the Gramercy PUD with this amendment (the “2024 Gramercy PUD Amendment’) for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, the application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on October 15, 2024 regarding the 2024 Gramercy PUD Amendment, which application was docketed as PZ-2024-00140 OA, and 2 WHEREAS, the Plan Commission has given a Favorable Recommendation to this 2024 Gramercy PUD Amendment, which 2024 Gramercy PUD Amendment amends certain provisions of the Gramercy PUD with respect to the Real Estate. NOW, THEREFORE, BE IT ORDAINED by the Common Council, that: (i) pursuant to IC §36-7-4-1500 et seq., the Common Council adopts this 2024 Gramercy PUD Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this 2024 Gramercy PUD Amendment and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior Commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this 2024 Gramercy PUD Amendment; and, (iv) this 2024 Gramercy PUD Amendment shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance: A. Development of the Real Estate shall be governed entirely by (i) the provisions of this 2024 Gramercy PUD Amendment and its exhibits, and (ii) those provisions of the Gramercy PUD, as amended by this 2024 Gramercy PUD Amendment. B. All provisions of the Gramercy PUD not affected by this 2024 Gramercy PUD Amendment shall continue, unchanged, and the Gramercy PUD Ordinance, as amended, shall remain in full force and effect. Section 2. Current Conditions and Structures: Section 2 of the Gramercy PUD shall be amended as follows: A. Exhibit “B” of the Gramercy PUD shall be replaced by superseded by Exhibit B of this 2024 Gramercy PUD Amendment which is an aerial photograph depicting the boundaries of the Real Estate outlined in red (the “Existing Conditions – Gramercy Development Plan”). Section 3: Platting: Section 3 of the Gramercy PUD shall be amended as follows and within Section 10.B of this 2024 Gramercy PUD Amendment: A. Platting of the Real Estate into smaller parcels shall be permitted but not required to split the Real Estate into smaller parcels. However, parcel that are less than 0.5 acres in area shall require a Secondary Plat. B. All Plats of the Real Estate shall be developed in substantial compliance with the Gramercy Development Master Plan hereby incorporated and attached as Exhibit C subject to Development Plan Approval by the Plan Commission. Section 4: Design and Development Standards and Permitted Uses: Section 4 of the Gramercy PUD shall be amended as follows: 3 A. Design and Development Standards: Section 4.1 of the Gramercy PUD shall not apply. All requirements included in Exhibit “G” of the Gramercy PUD (the “Gramercy Design and Development Standards”), shall apply, as amended below: 1. Section 1.1 The Conceptual Plan for the Real Estate shall be replaced and superseded by the Gramercy Development Master Plan. 2. Section 1.2 - Open Spaces and Parks shall be in the locations and sizes as generally depicted on the Gramercy Development Master Plan. a. The Gramercy Development Master Plan illustrates the location of the public plaza in Area D. b. All requirements pertaining to a clock tower shall not apply. Imagery and standards pertaining to the Area D plaza shall apply. c. The minimum open space/park requirement of 2 acre park shall apply to noncontiguous areas. d. An open/park spaces Exhibit is included as Exhibit C-1. e. Plazas - The Area D public plaza design shall be as approved by Carmel Parks Department and Carmel Redevelopment Commission. 3. Section 1.5 General Parking Standards: Parking for Multi-family Uses shall be a minimum of 1.3 spaces per dwelling. 4. Section 1.6 shall not apply. 5. Section 1.7 Streets: a. Streets shall be as illustrated on the Gramercy Development Master Plan. Block lengths less than 100’ shall be permitted. b. The Gramercy Development Master Plan shall apply to the Development of the Real Estate as required under this 2024 Gramercy PUD Amendment. Where conflicts exist between the Gramercy Development Master Plan and Section 1.7 the Gramercy Development Master Plan shall apply. 4 6. Section II of the Design and Development Standards shall apply to multi-family, mixed-use and townhome buildings, as amended below: a. Architectural Character Imagery, indicating conceptually the intended architecture and appearance of buildings to be constructed are contained within Exhibit D. Building Architecture shall be substantially compliant with the Architectural Imagery, as determined by the Director. b. 2.2.1 Building Design Standards shall apply except as amended below: i. “End or corner segments of buildings should generally have an additional level, decorative articulation or roof detail” shall not apply. ii. Buildings shall be oriented generally in accordance w/ the Conceptual Master Plan (?) c. 2.3 Materials Standards shall apply except as amended below: i. Building Materials shall be consistent with the Architectural Character Imagery Included in Exhibit D. d. 2.3.1 Window Standards shall apply as amended below: i. Mixed use building shall have a minimum 30% glass on the first floor. e. 2.5 Roofs and Cornices shall not apply. Roofs and Cornices shall be consistent with the Architectural Character Imagery Included in Exhibit D. f. 2.6 Accents and Projections shall not apply. Accents and Projections shall be consistent with the Architectural Character Imagery Included in Exhibit D. B. Permitted Uses and Use Areas: Section 4.2 of the Gramercy PUD shall not apply, rather the following shall apply: 1. Multi-family and Townhome Uses shall be as illustrated on the Gramercy Development Master Plan. 5 2. Permitted Non-Residential Uses shall be those Uses identified as a Permitted Use in Area C, on Exhibit “F” of the Gramercy PUD, which is attached hereto and incorporated herein by the reference. 3. The Real Estate shall be developed in substantial compliance with the Existing Conditions – Gramercy Development Plan and Gramercy Development Master Plan, attached hereto as Exhibit B and Exhibit C, respectively, subject to Development Plan Approval by the Plan Commission. 4. Limitation on Uses: The maximum number of Dwellings permitted on the Real Estate shall be as indicated on the Gramercy Development Master Plan attached hereto as Exhibit C. 5. Model Home(s), Home Occupations, and Temporary Uses shall be permitted per the terms of the UDO. C. Building Height. Section 4.3 Building Height shall not apply. 1. The Exhibit E Use Map and definitions of the Areas shall not apply. 2. Maximum building height by product type shall be as follows: a. Townhome: Fifty (50) feet. b. Multifamily: Fifty (50) feet. c. Mixed Use: Seventy-five (75) feet. 3. Exhibit D Building Height Map shall not apply. D. Section 4.4B of the Gramercy PUD shall not apply. 1. The minimum setback along City Center Drive shall be ten (10) feet. 2. No minimum setback shall apply other than as noted above in this Section 4.D. Section 5. Accessory Buildings: Section 5 of the Gramercy PUD shall apply. Section 6. Landscaping: Section 6 of the Gramercy PUD shall apply. Section 7. Lighting: Section 7 of the Gramercy PUD shall apply. 6 Section 8. Parking: Section 8 of the Gramercy PUD shall be amended as follows: A. Bicycle Parking: Long term and short term bicycle parking on the Real Estate shall comply with Section 5.29 of the UDO. Section 9. Signage: Section 9 of the Gramercy PUD shall not apply. The Sign Standards of the UDO shall apply. Section 10. Approval Process (Procedural Provisions). Section 10 of the Gramercy PUD shall be replaced and superseded by the following: A. Development Plan Approval / ADLS Approval: 1. Development Plan (“DP”) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in UDO, shall be required prior to the issuance of an Improvement Location Permit to determine if the DP and ADLS satisfy the Development Requirements specified within this 2024 Gramercy PUD Amendment. 2. The Real Estate shall be developed in substantial compliance with the Gramercy Development Master Plan. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Development Plans. 3. ADLS Approval by the Plan Commission shall be required for all buildings and site improvements. 4. If there is a Substantial Alteration in any approved DP or ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a Committee thereof, pursuant to the Plan Commission’s rules of procedure. Minor Alterations shall be approved by the Director. 5. All prior DP/ADLS approvals, shall not apply to the Real Estate. B. Primary Plat. A Development Plan approved by the Plan Commission shall be, upon approval, the Primary Plat of the Real Estate. C. Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the Development Plan/Primary Plat and is in conformance with the Development Requirements of this 7 2024 Gramercy PUD Amendment. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Plan Commission. D. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to the requirements of the UDO. A wavier of the provisions of this 2024 Gramercy PUD Amendment may be granted up to a maximum of thirty-five (35) percent of the specified standard. E. Variance of Development Requirements. The BZA may authorize Variances from the terms of the 2024 Gramercy PUD Amendment, subject to the procedures prescribed in the UDO. Section 11. Construction Activity and Construction Traffic. Section 11 of the Gramercy PUD shall apply. Section 12. Rules of Construction. Section 12 of the Gramercy PUD shall apply. Section 13. Violations. Section 13 of the Gramercy PUD shall be replaced with the following: A. All violations and enforcement of this 2024 Gramercy PUD Amendment shall be subject to the requirements of the UDO. Section 14. Definitions. The definitions (i) of the capitalized terms set forth below in this Section 14, as they appear throughout this 2024 Gramercy PUD Amendment, shall have the meanings set forth below and (ii) all other capitalized terms included in this 2024 Gramercy PUD Amendment and shall be the same as set forth in the Gramercy PUD unless otherwise amended by this 2024 Gramercy PUD Amendment, and UDO unless amended by the Gramercy PUD. Architectural Character Imagery: These comprise the elevations and perspectives, attached hereto Exhibit D (Architectural Character Imagery). The Architectural Character Imagery shall be the basis for the development of final building designs provided all applicable Development Requirements are met, including ADLS Approval. All Structures shall be developed in substantial compliance with the Architectural Character Imagery, as determined by the Director, subject to ADLS Approval by the Plan Commission. Development Requirements: Written development standards and any written requirements specified in this 2024 Gramercy Amendment PUD, 8 which must be satisfied in connection with the approval of a Development Plan and Building Permits. Director: The Director of the Department of Community Services of the City of Carmel. Gramercy Development Master Plan: The general plan for the development of the Real Estate, including but not limited to buildings, lots, streets and common areas attached hereto as Exhibit C (Gramercy Development Master Plan). Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Section 15. This 2024 Gramercy Amendment shall be in full force and effect from and after its passage by the Common Council and signing by the Mayor. Section 16. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this 2024 Gramercy PUD Amendment Ordinance, are incorporated by reference into this 2024 Gramercy PUD Amendment and are part of this 2024 Gramercy PUD Amendment. The remainder of this page is left blank intentionally. 9 Exhibit List Exhibit A – Legal Description Exhibit B – Existing Conditions – Gramercy Development Plan Exhibit C – Gramercy Development Master Plan Exhibit C1 – Open Space Exhibit Exhibit D – Architectural Character Imagery 10 Exhibit A Real Estate 11 Exhibit B Existing Conditions – Gramercy Development Plan 12 Exhibit C Gramercy Development Master Plan (See Following 2 Pages) Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (69 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e 11/13/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space A m e n i t y / Ba s k e t b a l l Po o l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Trail Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Shown for reference only as its not included in Gramercy PUD Tr a i l Tr a i l Ex . T r a i l Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (61 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to change 03/11/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space Am e n i t y / Bas k e t b a l l Poo l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres 13 Exhibit D Architectural Character Imagery (See Following 2 Pages) Gramercy Development Master Plan Conceptual and subject to change Area C Area D Area C 11/07/2024 Gramercy Development Master Plan Conceptual and subject to change 11/13/2024 Front Elevation Rear Elevation Front Elevation Rear Elevation 14 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ______________________________ ______________________________ Anthony Green, President Adam Aasen, Vice-President ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ ______________________________ Matthew Snyder Rich Taylor ______________________________ Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk 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 This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. Gramercy PUD - 2024 Amendment - Draft 9 120224 SPONSOR(S): Councilor Green This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/19/2024 at 2:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. ORDINANCE NO. D-2748-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 4 FROM THE HUMAN RESOURCES DEPARTMENT #1201 TO LINE ITEMS 4110000 – FULL 5 TIME REGULAR AND 4340400 – CONSULTING FEES 6 7 Synopsis: This ordinance appropriates funds needed for unfunded operational expenses. 8 9 WHEREAS, funds in the amount of Ten Thousand Dollars ($10,000.00) are needed to pay for 10 Full Time Regular expenses; and 11 12 WHEREAS, funds in the amount of Ninety Thousand Dollars ($90,000.00) are needed to pay 13 for Consulting Fee expenses; and 14 15 WHEREAS, upon previously approved Common Council Resolution CC 12-16-24-01, the 16 Human Resources Department #1201 has excess funds in the amount of at least One Hundred 17 Thousand Dollars ($100,000.00) to appropriate to Line Items 4110000 – Full Time Regular and 18 4340400 – Consulting Fees. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 21 that the following sum of money is hereby appropriated from the Human Resources Department #1201 22 for the purposes specified herein, subject to applicable laws, as follows: 23 24 $100,000.00 from the General Fund (#101) 25 26 To 27 28 Human Resources Department #1201: Line Item 4110000 – Full Time Regular - $10,000.00 29 Human Resources Department #1201: Line Item 4340400 – Consulting Fees - $90,000.00 30 31 This Ordinance shall be in full force and effect from and after the date of its passage and 32 signing by the Mayor. 33 34 35 36 37 38 39 40 41 42 43 44 Ordinance D-2748-24 45 Page One of Two 46 47 48 SPONSOR(S): Councilor Green This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/19/2024 at 2:00 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 ________, 49 2024, by a vote of _____ ayes and _____ nays. 50 51 COMMON COUNCIL FOR THE CITY OF CARMEL 52 53 54 Anthony Green, President Adam Aasen, Vice-President 55 56 57 Jeff Worrell Matthew Snyder 58 59 ______________________________ 60 Rich Taylor Teresa Ayers 61 62 63 Anita Joshi Ryan Locke 64 65 ______________________________ 66 Shannon Minnaar 67 68 ATTEST: 69 70 ______________________________ 71 Jacob Quinn, Clerk 72 73 Presented by me to the Mayor of the City of Carmel, Indiana this_______________day of 74 75 _________________________, 2024, at ___________ ____.M. 76 77 78 _____________________________ 79 80 Jacob Quinn, Clerk 81 82 Approved by me, Mayor of the City of Carmel, Indiana, this __________________ day of 83 84 _________________________, 2024, at ___________ ____.M. 85 86 87 88 Sue Finkam, Mayor 89 ATTEST: 90 91 92 Jacob Quinn, Clerk 93 94 Ordinance D-2748-24 95 Page Two of Two 96 SPONSOR(S): Councilor Green This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/19/2024 at 2:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. ORDINANCE NO. D-2750-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 4 FROM THE HEALTH INSURANCE MEDICAL ESCROW FUND (FUND#301) TO LINE 5 ITEM 5023990 - OTHER EXPENSES 6 7 Synopsis: This ordinance appropriates funds to cover unfunded costs paid for by the Health 8 Insurance Medical Escrow Fund. 9 10 WHEREAS, funds in the amount of One Million Dollars ($1,000,000.00) are needed to cover 11 unfunded costs paid for by the Health Insurance Medical Escrow Fund; and 12 13 WHEREAS, upon previously approved Common Council Resolution CC 12-16-24-02, the 14 Health Insurance Medical Escrow Fund (Fund #301) has excess funds in the amount of at least One 15 Million Dollars ($1,000,000.00) to appropriate to Line Item 5023990 – Other Expenses. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 18 that the following sum of money is hereby appropriated from the Health Insurance Medical Escrow 19 Fund (Fund #301) for the purposes specified herein, subject to applicable laws, as follows: 20 21 $1,000,000.00 from the Health Insurance Medical Escrow Fund (Fund #301) 22 23 To 24 25 Health Insurance Medical Escrow Fund (Fund #301): Line Item 5023990 – Other Expenses - 26 $1,000,000.00 27 28 29 This Ordinance shall be in full force and effect from and after the date of its passage and 30 signing by the Mayor. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Ordinance D-2750-24 45 Page One of Two 46 47 SPONSOR(S): Councilor Green This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 11/19/2024 at 2:00 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 ________, 48 2024, by a vote of _____ ayes and _____ nays. 49 50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 53 Anthony Green, President Adam Aasen, Vice-President 54 55 56 Jeff Worrell Matthew Snyder 57 58 ______________________________ 59 Rich Taylor Teresa Ayers 60 61 62 Anita Joshi Ryan Locke 63 64 ______________________________ 65 Shannon Minnaar 66 67 ATTEST: 68 69 ______________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this _______________day of 73 74 _________________________, 2024, at ___________ ____.M. 75 76 77 _____________________________ 78 79 Jacob Quinn, Clerk 80 81 Approved by me, Mayor of the City of Carmel, Indiana, this __________________ day of 82 83 _________________________, 2024, at ___________ ____.M. 84 85 86 87 Sue Finkam, Mayor 88 ATTEST: 89 90 91 Jacob Quinn, Clerk 92 93 Ordinance D-2750-24 94 Page Two of Two 95 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. 1 ORDINANCE D-2752-24 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, FIXING SALARIES OF APPOINTED OFFICERS AND EMPLOYEES 4 OF THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2025 5 6 Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch. 7 8 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: 9 10 I, Sue Finkam, Mayor of the City of Carmel, Indiana, as required by Indiana Code 36-4-7-3 and 11 Indiana Code 36-8-3-3, do hereby fix the maximum salaries and pay schedule of appointed officers and 12 employees of the City of Carmel, Indiana beginning December 21, 2024, and continuing thereafter until 13 December 20, 2025, and request that such salary rates be approved by the Common Council as follows: 14 15 MAXIMUM BI-WEEKLY BASE SALARY $8,715.38 16 CHIEF INFRASTRUCTURE OFFICER 17 18 MAXIMUM BI-WEEKLY BASE SALARY $8,461.54 19 CHIEF FINANCIAL OFFICER/CONTROLLER 20 CHIEF OF STAFF 21 CORPORATION COUNSEL 22 EXECUTIVE DIRECTOR OF ECONOMIC DEVELOPMENT 23 FIRE CHIEF 24 POLICE CHIEF 25 26 MAXIMUM BI-WEEKLY BASE SALARY $7,115.39 27 CITY ENGINEER/DIRECTOR OF ENGINEERING 28 DIRECTOR OF COMMUNITY SERVICES 29 DIRECTOR OF HUMAN RESOURCES 30 DIRECTOR OF MARKETING AND COMMUNITY RELATIONS 31 DIRECTOR OF REDEVELOPMENT 32 DIRECTOR OF TECHNOLOGY 33 DIRECTOR OF UTILITIES 34 GENERAL MANAGER/SUPERINTENDENT 35 STREET COMMISSINER/DIRECTOR 36 37 MAXIMUM BI-WEEKLY BASE SALARY $6,289.77 38 DEPUTY CHIEF FINANCIAL OFFICER/CONTROLLER 39 GENERAL MANAGER/GOLF SUPERINTENDENT 40 41 MAXIMUM BI-WEEKLY BASE SALARY $5,699.85 42 FIRE DEPUTY CHIEF 43 POLICE DEPUTY CHIEF 44 45 MAXIMUM BI-WEEKLY BASE SALARY $5,411.38 46 FIRE BATTALION CHIEF 47 FIRE DIVISION CHIEF 48 POLICE MAJOR 49 50 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. MAXIMUM BI-WEEKLY BASE SALARY $5,238.74 51 ASSISTANT DIRECTOR OF UTILITIES 52 ASSISTANT DIRECTOR FOR BUDGET MANAGEMENT 53 54 MAXIMUM BI-WEEKLY BASE SALARY $5,019.35 55 CITY ATTORNEY 56 57 MAXIMUM BI-WEEKLY BASE SALARY $ 4,834.46 58 POLICE LIEUTENANT 59 FIRE CAPTAIN 60 61 MAXIMUM BI-WEEKLY BASE SALARY $4,799.96 62 ASSISTANT CITY ENGINEER 63 ASSISTANT DIRECTOR OF REDEVELOPMENT 64 LITIGATION CHIEF 65 TRANSACTIONS CHIEF 66 67 MAXIMUM BI-WEEKLY BASE SALARY $4,580.53 68 ACCOUNTING AND FINANCE MANAGER 69 MANAGER OF CUSTOMER SERVICE AND BILLING 70 WATER/SEWER OPERATIONS MANAGER 71 72 MAXIMUM BI-WEEKLY BASE SALARY $4,449.84 73 FIRE LIEUTENANT 74 POLICE SERGEANT 75 76 MAXIMUM BI-WEEKLY BASE SALARY $4,361.10 77 ASSISTANT CORPORATION COUNSEL 78 BUILDING COMMISSIONER 79 REDEVELOPMENT FINANCE MANAGER 80 81 MAXIMUM BI-WEEKLY BASE SALARY $4,161.38 82 FIRE ENGINEER 83 84 MAXIMUM BI-WEEKLY BASE SALARY $4,141.67 85 CRISIS INTERVENTION MANAGER 86 DISTRIBUTION/COLLECTION SYSTEM MANAGER 87 EXECUTIVE SUPERVISORY ASSISTANT 88 OPERATIONS MANAGER 89 REDEVELOPMENT FINANCE MANAGER 90 WATER/SEWER PLANT MANAGER 91 92 MAXIMUM BI-WEEKLY BASE SALARY $4,065.96 93 FIRST CLASS/MASTER FIREFIGHTER 94 FIRST CLASS/MASTER PATROL OFFICER 95 96 MAXIMUM BI-WEEKLY BASE SALARY $3,922.28 97 ACCREDITATION BUDGET ADMINISTRATOR 98 CONSTRUCTION MANAGER 99 EXECUTIVE DIVISION MANAGER 100 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. GIS COORDINATOR 101 SENIOR PROJECT MANAGER 102 STAFF ENGINEER I 103 SYSTEMS SUPERVISOR 104 105 MAXIMUM BI-WEEKLY BASE SALARY $3,702.89 106 ACCOUNTING SUPERVISOR 107 ACCREDITATION ADMINISTRATOR 108 AMS COORDINATOR 109 ASSISTANT BUILDING COMMISSIONER 110 COMMUNICATIONS SUPERVISOR 111 CRIME SCENE INVESTIGATOR 112 ELECTRICAL SUPERVISOR 113 DEPUTY CHIEF OF STAFF 114 FACILITIES MANAGER 115 GOLF PRO 116 LABORATORY SUPERVISOR 117 MANAGER OF CUSTOMER RELATIONS AND EDUCATION 118 NETWORK ADMINISTRATOR 119 PLANNER I 120 PROJECT MANAGER 121 PROCUREMENT ADMINISTRATOR 122 REDEVELOPMENT PROJECT MANAGER 123 STAFF ENGINEER II 124 SUPERVISOR 125 SYSTEMS ADMINISTRATOR 126 SYSTEMS APPLICATION AND SERVICE ADMINISTRATOR 127 SUPERVISOR 128 TRANSPORTATION SYSTEMS ADMINISTRATOR 129 WATER TREATMENT COMPLIANCE ADMINISTRATOR 130 WATER/SEWER SUPERVISOR 131 132 MAXIMUM BI-WEEKLY BASE SALARY $3,506.65 133 FIREFIGHTER 134 PATROL OFFICER 135 136 MAXIMUM BI-WEEKLY BASE SALARY $3,483.46 137 EMPLOYEE BENEFITS ADMINISTRATOR 138 ENGINEERING ADMINISTRATOR 139 FACILITIES, EQUIPMENT, AND SYSTEMS SUPPORT SPECIALIST 140 PAYROLL ADMINISTRATOR 141 PLAN REVIEW COORDINATOR 142 RECORDS SYSTEMS ADMINISTRATOR 143 RECRUITMENT AND RETENTION ADMINISTRATOR 144 STAFF ACCOUNTANT 145 STORM WATER ADMINISTRATOR 146 TRANSPORTATION DEVELOPMENT COORDINATOR 147 148 149 150 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. MAXIMUM BI-WEEKLY BASE SALARY $3,264.11 151 BUILDING INSPECTOR/PLANS EXAMINER 152 CODE ENFORCEMENT INSPECTOR I 153 CONTENT SPECIALIST 154 CRISIS INTERVENTION SPECIALIST 155 CUSTOMER SERVICE SUPERVISOR 156 ENVIRONMENTAL PLANNER 157 FINANCIAL ANALYST 158 FINANCIAL/PROGRAM OFFICER 159 FOREMAN 160 INSPECTOR 161 LABORATORY ANALYST 162 MAINTENANCE/ELECTRONICS FOREMAN 163 MAYOR’S ASSISTANT 164 METERED/FIELD SUPPORT SERVICES COORDINATOR 165 PLANNER II 166 PRETREATMENT COORDINATOR 167 TECHNICAL FOREMAN 168 WATER/SEWER FOREMAN 169 170 MAXIMUM BI-WEEKLY BASE SALARY $3,044.72 171 ACCOUNTS PAYABLE ADMINISTRATOR 172 ADMINISTRATIVE SUPERVISOR 173 AMS ANALYST 174 AUTO MECHANIC I 175 CODE ENFORCEMENT INSPECTOR II 176 ELECTRICIAN 177 EMPLOYEE DEELOPMENT COORDINATOR 178 EXECUTIVE ADMINISTRATIVE ASSISTANT 179 GIS ANALYST 180 MECHANIC I 181 NETWORK/APPLICATIONS ANALYST 182 QUARTERMASTER 183 SCADA TECHNICIAN 184 SENIOR OPERATOR 185 URBAN FORESTER 186 187 MAXIMUM BI-WEEKLY BASE SALARY $2,825.24 188 ACCOUNTANT 189 AMS TECHNICIAN 190 AUTO MECHANIC II 191 COMMUNICATIONS TECHNICIAN I 192 COMMUNITY RELATIONS SPECIALIST 193 COMMUNITY RESOURCE LIAISON 194 CREW LEADER 195 CRIMINAL INTELLIGENCE ANALYST 196 DATA TECHNICIAN 197 DISTRIBUTION/COLLECTION SYSTEM OPERATOR 198 FINANCIAL SPECIALIST 199 HOUSEHOLD HAZARDOUS WASTE COORDINATOR 200 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. HUMAN RESOURCES COORDINATOR 201 LEAVE COORDINATOR 202 LABORATORY TECHNICIAN 203 MAINTENANCE SUPERVISOR 204 MECHANIC II 205 MEETING COORDINATOR 206 OFFICE ADMINISTRATOR 207 PARALEGAL 208 PAYROLL SPECIALIST 209 PERMITS SPECIALIST 210 RECRUITING AND HIRING COORDINATOR 211 VISUAL/DIGITAL SPECIALIST 212 WATER/SEWER PLANT OPERATOR 213 214 MAXIMUM BI-WEEKLY BASE SALARY $2,605.90 215 ACCOUNTING TECHNICIAN 216 AMBULANCE BILLING SPECIALIST 217 ANIMAL CONTROL SPECIALIST 218 ASSISTANT GOLF PRO 219 COMMUNICATIONS TECHNICIAN II 220 DATA SPECIALIST/TRAINING COORDINATOR 221 DATA TECHNICIAN 222 GIS TECHNICIAN II 223 LEGAL ASSISTANT 224 METERED SERVICES COORDINATOR 225 OPERATOR 226 RECORDS SUPERVISOR 227 SENIOR SKILLED LABORER 228 SPECIAL INVESTIGATION ADMINISTRATOR 229 WATER/SEWER MECHANIC 230 231 MAXIMUM BI-WEEKLY BASE SALARY $2,386.47 232 ADMINISTRATIVE ASSISTANT I 233 DEFERRAL COORDINATOR 234 NIBRS COORDINATOR 235 PROPERTY/EVIDENCE ROOM CLERK 236 SKILLED LABORER 237 URBAN FORESTRY SPECIALIST 238 239 MAXIMUM BI-WEEKLY BASE SALARY $2,167.00 240 ADMINISTRATIVE ASSISTANT II 241 BUILDING SERVICES WORKER 242 GENERAL LABORER 243 METER READER 244 RECORDS CLERK 245 246 The figures listed in this salary ordinance are maximums and do not necessarily represent an incumbent’s 247 actual salary. 248 249 All base salaries paid by the City of Carmel to its employees shall conform to the general guidelines 250 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. established for the grade and step compensation system implemented January 1, 1999 and revised 251 effective January 1, 2017. 252 253 PART-TIME/TEMPORARY – UP TO $51.50 PER HOUR 254 255 SPECIALTY PAY 256 257 Engineering Department employees who hold a Professional Engineer license may qualify for specialty 258 pay in the amount of up to $30,000 per year in addition to all other forms of compensation. 259 260 A Department of Information and Communication Systems employee who is assigned primary on-call 261 duties between the hours of 4:30 PM and 8:00 AM, and other times when the department is not fully 262 staffed, is eligible for on-call pay at a flat rate of ten dollars ($10.00) per day for regular weekdays and 263 twenty-five dollars ($25.00) per day for Saturday, Sunday and City holidays, in addition to all other forms 264 of compensation. Eligibility for on-call pay shall be determined by the department’s on-call policy. 265 Exempt employees are not eligible for on-call pay. 266 267 A Street Department employee who is assigned primary on-call duties between the hours of 4:30 PM and 268 8:00 AM, and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate 269 of ten dollars ($10.00) per day for regular weekdays and twenty five dollars ($25.00) per day for 270 Saturday, Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call 271 pay shall be determined by the department’s on-call policy. Exempt employees are not eligible for on-call 272 pay. 273 274 Street Department employees who meet criteria specified by the Department may qualify for the specialty 275 pay specified below, in addition to all other forms of compensation: 276 277 INSPECTOR TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR SAFETY AND 278 TRAINING ASSISTANT $5.00 PER HOUR UP TO $2,500.00 PER YEAR FABRICATION 279 TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR 280 281 Each Street Department employee shall be entitled to receive only two (2) types of specialty pay at any 282 given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 283 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 284 longer meets the qualifications for such pay, whether the change results from the decision/action of the 285 City or of the employee. 286 287 A Utilities employee who is assigned primary on-call duties between the hours of 4:30 PM and 8:00 AM, 288 and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate of ten 289 dollars ($10.00) per day for regular weekdays and twenty-five dollars ($25.00) per day for Saturday, 290 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 291 be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 292 293 All full-time and part-time employees shall be paid only by the department of hire, and only from the 294 appropriate budget line. 295 296 All full-time civilian employees, the Fire Chief, and the Police Chief shall receive two hundred fifty 297 dollars ($250.00) per year longevity pay for the first ten years of service and three hundred ten dollars 298 ($310.00) per year for years eleven through twenty-five, in addition to all other forms of compensation. 299 Longevity pay terms and conditions shall conform to the City’s current longevity ordinance as adopted by 300 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. the Carmel Common Council. 301 302 All full-time sworn employees except the Fire Chief, and the Police Chief shall receive five hundred 303 dollars ($500.00) per year for years sixteen through twenty-five, in addition to all other forms of 304 compensation. 305 306 All employees whose regularly assigned shift begins between the hours of 2:00 PM and 11:00 PM shall 307 be entitled to receive shift differential pay of one dollar ($1.00) per hour for each hour worked, in addition 308 to all other forms of compensation. 309 310 Each full-time, part-time, seasonal or temporary employee who is required to report to work on a declared 311 holiday, whether on a scheduled or an unscheduled basis, shall receive fifteen dollars ($15.00) per hour 312 premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the 313 nearest quarter hour. 314 315 A full-time civilian employee who demonstrates a specified level of fluency in an approved foreign 316 language shall receive an additional two thousand dollars ($2,000.00) per year, in addition to all other 317 forms of compensation. All such pay must be approved by the employee’s director and the Director of 318 Human Resources. To continue receiving this compensation, the employee is required to maintain 319 fluency, and may be periodically re-tested. 320 321 The Human Resources Department may identify education, training, and/or certification criteria for 322 designated positions or job functions that make those positions eligible for technical pay. Employees in 323 those designated positions who meet the identified criteria will receive technical pay in the amount of ten 324 percent (10%) of their base pay, in addition to all other forms of compensation. 325 326 Overtime compensation for full-time, part-time and temporary employees shall be in addition to the 327 amounts specified above, and shall be paid in compliance with the federal Fair Labor Standards Act and 328 the City of Carmel's most current compensation ordinance as adopted by the Carmel Common Council. 329 330 The regular hourly and overtime rate of pay shall be determined as follows: 331 332 The hourly rate of pay of all City employees shall be calculated based upon the number of hours the 333 employee is scheduled to work in a regular work period. 334 335 The formula for calculating the hourly rate of pay shall be: (bi-weekly base pay + longevity pay + shift 336 differential pay + 24-hour fire schedule pay + specialty pay)/ hours the employee is scheduled to work in 337 a regular work period. 338 339 Scheduled hours are as follows: 340 341 For all civilians and for firefighters in administrative positions, the scheduled hours shall be 37.5 342 in a 7-day work period (75 hours bi-weekly). 343 344 For all police officers and golf course employees, the scheduled hours shall be 160 in a 28-day 345 work period (80 hours bi-weekly). 346 347 For firefighters who work a 24-hour shift, the scheduled hours shall be an average of 224 hours in 348 a 28-day work period (112 hours bi-weekly). 349 350 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. The formula for calculating the overtime rate of pay shall be: 351 352 For Fire Department non-exempt shift employees, hourly rate of pay (as determined by formula 353 in Section 12(h)(ii) above) x 0.5 for scheduled overtime from 212-224 hours, and hourly rate x 354 1.5 for scheduled overtime in excess of 224 hours and for all emergency call-outs, end-of-shift 355 runs and work-related court appearances. 356 357 For all other non-exempt City employees, hourly rate of pay (as determined by formula in Section 358 12(h)(ii) above) x 1.5.* 359 360 *Not all overtime is eligible for time and one-half compensation. See Carmel City Code § 2-40 361 (c) for guidelines. 362 363 364 Appointed members of the Plan Commission and Board of Zoning Appeals shall be paid the sum of one 365 hundred twenty-five dollars ($125.00) for each regularly scheduled meeting or special meeting, including 366 a training meeting, attended. Appointed members of the Plan Commission shall receive an additional one 367 hundred twenty-five dollars ($125.00) for each standing sub-committee meeting attended. 368 369 An employee of the Department of Community Services who is assigned to on-call duties between the 370 hours of 4:30 PM and 8:00 AM, and other times when the Department is not fully staffed, is eligible for 371 on-call pay at a flat rate of ten dollars ($10.00) per day for regular weekdays and twenty-five dollars 372 ($25.00) per day for Saturday, Sunday and City holidays, in addition to all other forms of compensation. 373 Eligibility for on-call pay shall be determined by the DOCS on-call policy. Exempt employees are not 374 eligible for on-call pay. 375 376 Exempt employees of the Department of Community Services shall be entitled to receive a stipend of 377 seventy-five dollars ($75.00) per meeting or compensatory time off for regular or special meetings of the 378 Plan Commission or Board of Zoning Appeals, or their respective committees or task forces, if such 379 meetings are held outside the regular working hours of 8:00 a.m. to 5:00 p.m. Under no circumstances 380 shall an exempt employee be entitled to receive both a meeting stipend and compensatory time off for 381 attending the same meeting. 382 383 Non-exempt employees of the Department of Community Services shall be entitled to overtime 384 compensation for attending regular or special meetings of the Plan Commission or Board of Zoning 385 Appeals, or their respective committees or task forces, if such meetings cause them to work in excess of 386 37.5 hours per week. 387 388 Appointed members of the Board of Public Works and Safety shall be paid the sum of $125 for each 389 regularly scheduled meeting or special meeting, including a training meeting, attended. 390 391 Departments may employ interns at a pay rate not to exceed $20.00 per hour. 392 393 CARMEL POLICE DEPARTMENT SPECIALTY PAY: 394 395 Designated Field Training Officers shall, at the request of the Chief of Police, be entitled to receive up to 396 ten dollars ($10.00) per hour for performing the duties associated with these functions, in addition to all 397 other forms of compensation. 398 399 Accident Investigators who do not qualify for the specialty pay shown in Section (e) below and Certified 400 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. Instructors shall, at the request of the Chief of Police, be entitled to receive up to three dollars ($3.00) per 401 hour for performing the duties associated with these functions, in addition to all other forms of 402 compensation. 403 404 A Police Officer who demonstrates a specified level of fluency in an approved foreign language shall 405 receive an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of 406 compensation. All such pay must be approved by the Chief of Police and the Director of Human 407 Resources. To continue receiving this compensation, the Officer is required to maintain fluency, and may 408 be periodically re-tested. 409 410 Police Officers who meet the criteria specified by the Department and who serve in the position of 411 Investigator (CID or SID) or School Resource Officer (SRO) are eligible for positional pay, in addition to 412 all other forms of compensation. Supervisors of these units are not eligible for positional pay. 413 414 INVESTIGATOR (PATROL/DETECTIVE ONLY) UP TO $3,000.00 PER YEAR 415 SCHOOL RESOURCE OFFICER UP TO $3,000.00 PER YEAR 416 417 Police Department employees who meet criteria specified by the Department may qualify 418 for the specialty pay specified below, in addition to all other forms of compensation: 419 420 PERSONNEL SPECIALIST/FTO COORDINATOR UP TO $2,500.00 PER YEAR 421 FIREARMS RANGE/TRAINING COORDINATOR UP TO $2,500.00 PER YEAR 422 K-9 COORDINATOR UP TO $2,500.00 PER YEAR 423 FIELD EVIDENCE TECHNICIAN UP TO $2,500.00 PER YEAR 424 SPECIAL WEAPONS AND TACTICS (SWAT) UP TO $2,500.00 PER YEAR 425 EMERGENCY RESPONSE GROUP (ERG) UP TO $2,000.00 PER YEAR 426 ACCIDENT INVESTIGATOR (240 HOURS TRAINING) UP TO $2,500.00 PER YEAR 427 ACCIDENT INVESTIGATOR (160 HOURS TRAINING) UP TO $2,000.00 PER YEAR 428 ACCIDENT INVESTIGATOR (80 HOURS TRAINING) UP TO $1,500.00 PER YEAR 429 K-9 HANDLER UP TO $1,500.00 PER YEAR 430 MOTORCYCLE/TRAFFIC OFFICER UP TO $1,500.00 PER YEAR 431 UNMANNED AIRCRAFT SYSTEMS (UAS) UP TO $1,500.00 PER YEAR 432 NEGOTIATOR UP TO $1,500.00 PER YEAR 433 DRUG RECOGNITION OFFICER UP TO $1,000.00 PER YEAR 434 HONOR GUARD UP TO $1,000.00 PER YEAR 435 POLICE OFFICER SUPPORT TEAM UP TO $1,000.00 PER YEAR 436 IDACS COORDINATOR UP TO $1,000.00 PER YEAR 437 CHILD SAFETY SEAT TECHNICIAN UP TO $1,000.00 PER YEAR 438 439 Each Police Department employee shall be entitled to receive only two (2) types of specialty pay at any 440 given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 441 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 442 longer meets the qualifications for such pay, whether 103 the change results from the decision/action of 443 the City or of the employee. 444 445 A Carmel Police Officer who is assigned Operations Division Patrol primary on-call duties between the 446 hours of 5:00 AM and 5:00 PM, or 5:00 PM and 5:00 AM, is eligible for on call pay at a flat rate of ten 447 dollars ($10.00) per shift for regular weekdays and twenty-five dollars ($25.00) per shift for Saturday, 448 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 449 be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 450 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. Following twelve (12) full months of employment, each officer of the Carmel Police Department shall be 451 eligible for an annual clothing allowance of fourteen hundred dollars ($1,400.00), the entirety to be paid 452 in a lump sum on or before April 1. Such payment shall be treated as taxable income. 453 454 Police Officers shall be exempted from Social Security as outlined in Carmel City Code 119 Sec. 2-455 56(d)(6). 456 457 CARMEL FIRE DEPARTMENT SPECIALTY PAY: 458 459 A Firefighter shall be entitled to an additional two dollars ($2.00) per hour for each hour he or she is 460 assigned to an ambulance, in addition to all other forms of compensation. 461 462 A Captain or Lieutenant who fills in for a Battalion Chief shall receive three dollars ($3.00) per hour ride-463 out pay, and a Firefighter who fills in for an Engineer, Lieutenant or Captain shall receive two dollars 464 ($2.00) per hour ride-out pay, in addition to all other forms of compensation. Officers filling in for other 465 officers (except filling in for a Battalion Chief) are not eligible for ride out pay. 466 467 A Firefighter who demonstrates a specified level of fluency in an approved foreign language shall receive 468 an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of compensation. All 469 such pay must be approved by the Fire Chief and the Director of Human Resources. To continue receiving 470 this compensation, the Firefighter is required to maintain fluency, and may be periodically re-tested. 471 472 Fire Department employees who meet criteria specified by the Department may qualify for the specialty 473 pay specified below, in addition to all other forms of compensation: 474 475 PARAMEDIC 10% OF FIRST CLASS FIREFIGHTER SALARY 476 PUBLIC INFORMATION OFFICER (PIO) UP TO $3,500.00 PER YEAR 477 ENGINEER TECHNICAL PAY UP TO $2,500.00 PER YEAR 478 SHIFT INVESTIGATOR UP TO $2,000.00 PER YEAR 479 MECHANIC UP TO $2,000.00 PER YEAR 480 HAZARDOUS MATERIALS UP TO $2,000.00 PER YEAR 481 RESCUE TECHNICIAN UP TO $2,000.00 PER YEAR 482 SPECIAL DUTY PAY UP TO $2,000.00 PER YEAR 483 CERTIFIED AMBULANCE CODER UP TO $2,000.00 PER YEAR 484 SWAT MEDIC UP TO $2,000.00 PER YEAR 485 DRONE PILOT UP TO $2,000.00 PER YEAR 486 STATION CAPTAIN UP TO $1,500.00 PER YEAR 487 488 Each Fire Department employee shall be entitled to receive only two (2) types of specialty pay at any given 489 time, except those receiving Public Information Officer, Special Duty, Station Captain or Engineer 490 Technical Pay specialty pay, who are eligible for two additional types of specialty pay. The employee shall 491 receive the highest specialty pay(s) for which he or she is eligible. All specialty pay shall cease when an 492 employee no longer performs the duties associated with the pay or no longer meets the qualifications for 493 such pay, whether the change results from the decision/action of the City or of the employee. 494 495 Twenty-four Hour Fire Schedule Pay shall be paid to Fire Department personnel required to work a 24-496 hour shift, in addition to all other forms of compensation, as specified below (Firefighters hired after 497 January 1, 1999, are not eligible for 24 Hour Fire Schedule Pay): 498 499 BATTALION CHIEF UP TO $143.00 BI-WEEKLY 500 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. CAPTAIN UP TO $143.00 BI-WEEKLY 501 LIEUTENANT UP TO $136.00 BI-WEEKLY 502 ENGINEER UP TO $130.00 BI-WEEKLY 503 FIREFIGHTER UP TO $125.00 BI-WEEKLY 504 505 Section 4. All prior City ordinances or parts thereof that are inconsistent with any 506 provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. 507 508 Section 5. If any portion of this Ordinance is for any reason declared unconstitutional, 509 invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the 510 validity of the remaining portions of this Ordinance. 511 512 Section 6. This Ordinance shall be in full force and effect from and after the date of its 513 passage and signing by the mayor. 514 515 [remainder of page left intentionally blank] 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 Sponsor(s): Councilor Snyder This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 5, 2024 at 9:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. PASSED, by the Common Council of the City of Carmel, Indiana, this day of 550 , 2024, by a vote of ayes and nays. 551 552 COMMON COUNCIL FOR THE CITY OF CARMEL 553 554 555 Anthony Green, President Adam Aasen, Vice-President 556 557 558 Rich Taylor Matthew Snyder 559 560 561 Jeff Worrell Teresa Ayers 562 563 564 Shannon Minnaar Ryan Locke 565 566 567 Anita Joshi 568 569 ATTEST: 570 571 ______________________________ 572 Jacob Quinn, Clerk 573 574 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 575 __________________, 2024, at ________ ___.M. 576 577 ___________________________ 578 Jacob Quinn, Clerk 579 580 Approved by me, Mayor of the City of Carmel, Indiana this _______ day of 581 __________________, 2024, at ________ ___.M. 582 583 ___________________________ 584 Sue Finkam, Mayor 585 586 ATTEST: 587 588 589 590 Jacob Quinn, Clerk 591 592 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. ORDINANCE NO. D-2753-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 2, ARTICLE 3, SECTIONS 2-51, 2-52, 2-54 AND 2-55 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance amending PTO and leave policy. 7 8 WHEREAS, the City of Carmel (“City”), has established various policies regarding PTO and leave 9 relating to employees; and 10 11 WHEREAS, it is now necessary for the Carmel City Code to be updated to more properly reflect the 12 City’s policies regarding such leave. 13 14 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 15 as follows: 16 17 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 18 19 Section 2. The following subsections of Carmel City Code Sections 2-51, 2-52, 2-54 and 2-55 are 20 hereby amended, and shall read as follows: 21 22 § 2-51 PTO 23 24 (a) Definitions. 25 An employee’s Benefit Year shall mean the anniversary of the employee’s full-time hire date in any given 26 year to the day preceding the anniversary date in the following year. Benefit Years shall thus vary from 27 employee to employee, depending on hire date. 28 29 Paid Time Off (PTO) shall mean time off with pay that can be used at an employee’s discretion and 30 with the approval of the employee’s supervisor. replaces vacation time, sick time and holidays. PTO shall 31 mean time off with pay that shall be used for holidays and can otherwise be used at an employee's discretion 32 and with the approval of the employee's supervisor. 33 (b) PTO bank. 34 (1) Accruals. 35 a) PTO shall accrue according to the following schedule: 36 Years 0-5 37 (date of hire through end of year 5) 9.50 6.50 hours per pay period 38 Years 6-12 39 (beginning of year 6 through end of year 12) 11.25 8.25 hours per pay period 40 Years 13-20 41 (beginning of year 13 through end of year 20) 12.00 9.00 hours per pay period 42 Years 21+ 43 (beginning of year 21 through date of separation) 13.00 10.00hours per pay period 44 b) The City may, in its sole discretion, elect to accrue PTO at time intervals other than bi-weekly (e.g., 45 monthly, quarterly, biannually or annually). The conversion to a different accrual interval shall result in 46 accruals essentially equivalent (with allowance for rounding), on a prorated basis, to the bi-weekly amounts 47 stated above. 48 Ordinance No. D-2753-24 49 Page One of Seven Pages 50 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. c) An employee must work and/or be on paid leave an entire pay period in order to accrue PTO for that 51 pay period. Any employee who is paid for fewer than 75 hours in a pay period (80 hours for golf course 52 employees) shall not accrue PTO for that period. An exception shall be made for a new employee within the 53 first two full pay periods of his or her employment. If one or more holidays are the only reason the employee 54 is not paid 75 hours for the first two full pay periods, the employee shall accrue PTO for those pay periods. 55 (3) New employees. 56 a) A new employee shall accrue PTO beginning with his or her first full pay period, but shall not be 57 entitled to use discretionary accrued leave PTO until he or she has completed three two months of full-time 58 employment. During this period the employee is required to use non-discretionary PTO for holidays unless 59 he or she works the holiday. 60 b) Should an employee separate from the City and then be re-employed within 100 or fewer calendar 61 days, the employee shall be entitled to full credit for service prior to the separation. After a separation of more 62 than 100 calendar days, a returning employee shall be treated as a new employee for purposes of calculating 63 PTO accruals and shall not receive credit for prior service. 64 (4) Transfer/termination. 65 a) The balance in an employee's PTO bank is transferable between any City departments. The 66 employee's new department is responsible for all PTO time the employee brings with him. 67 b) An employee is eligible to be paid for unused PTO upon leaving the City's employment. However, 68 an employee's termination date may not be extended to use up the PTO bank balance. The employee's 69 termination date shall always be the last day worked. 70 (5) Use of PTO bank. 71 a) Non-discretionary: Employees shall be required to use PTO time for holidays they would be 72 scheduled to work but for the holiday. An employee does not have discretion to work the holiday rather than 73 take PTO. Any employee who does not have sufficient time accrued for a holiday shall take the time off without 74 pay. Discretionary: For all discretionary paid time off, supervisors shall make every effort to honor the paid 75 time off requests of employees, consistent with the needs of the department. 76 b) An employee will be allowed to use only that paid leave that has been credited to his PTO bank. PTO 77 cannot be taken in advance of, or during, the pay period in which it is accrued. 78 c) PTO may be used in increments of 15 minutes. 79 d) Employees are expected to meet the minimum notification standards established by the City. All 80 PTO requests and/or notifications must be made in a manner consistent with each department's documented 81 reporting procedures. 82 e) Use of PTO with less than 24 hours notice is referred to herein as unscheduled PTO. A supervisor 83 may require proof of illness, injury or other emergency when an employee uses unscheduled PTO. An 84 employee using unscheduled PTO shall not be paid for the absence unless he or she has provided notification 85 before the commencement of each work day (unless an emergency makes notification impossible). 86 f) An employee using PTO for his own illness, injury or health condition shall not engage in outside 87 employment during the period of leave. 88 g) Subject to the minimum requirements of this ordinance, each department head may establish 89 additional guidelines for administration 90 of the PTO program. Such guidelines must be in writing, distributed to each employee and posted in the 91 workplace. Failure to follow established procedures may lead to disciplinary action, up to and including 92 termination. 93 (6) Minimum staffing. 94 a) Every department shall establish minimum staffing requirements for each of its operations. PTO shall 95 not be granted, except in case of illness or approved FMLA leave, when it will cause the staffing to 96 fall below minimum requirements. 97 98 Ordinance No. D-2753-24 99 Page Two of Seven Pages 100 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. b) Unless the department has established a different policy, time off requests shall be granted on a first 101 come, first served basis. 102 103 (7) Employee responsibilities. The City's goal in creating a PTO policy is to allow employees maximum 104 flexibility in the scheduling and use of paid time off, while at the same time ensuring that City operations are 105 not adversely affected by the use of the privilege. Thus, the entitlement to paid time off under this policy carries 106 a corresponding duty on the part of each employee to use his time responsibly. Using PTO in a manner that is 107 detrimental to department operations will be considered a breach of the employee's duty and will be subject to 108 disciplinary action. 109 (8) Carryover. An employee will be allowed to carry over a maximum of 150 hours from one benefit year 110 to the next. Any excess time left in the PTO bank at the end of any benefit year will be transferred to the 111 employee's sick leave bank, subject to the 300 hour maximum accumulation in the sick leave bank. Hours that 112 exceed the sick leave bank maximum shall be forfeited. 113 (c) Sick leave bank. 114 (1) Initial funding. Sick leave accrued by an employee prior to June 27, 2009, will be maintained in a sick 115 leave bank and may only be used for the employee's own medical needs, or as otherwise allowed under the 116 City's family and medical leave policy. 117 (2) Annual deposits. 118 a) Any time in excess of 150 hours remaining in an employee's PTO bank at the end of any benefit year 119 will be transferred to the sick leave bank, up to the maximum stated below. 120 b) An employee who has 150 or fewer hours in his PTO bank at the end of any benefit year will not 121 have a deposit into his sick leave bank for that year. 122 (3) Use of sick leave bank. 123 a) The sick leave bank is intended for use when: 124 i. An employee is medically unable to work due to an illness, injury or health condition, and is not 125 otherwise compensated by the City or by worker's compensation or disability benefits; or 126 ii. An employee qualifies for family and medical leave to care for a spouse, child or parent with a 127 serious medical condition. 128 b) The sick leave bank cannot be used: 129 i. Until the balance in the employee's PTO bank is 75 100 hours or less (although an employee may 130 choose to deplete his PTO bank before using time from his sick leave bank); and/or 131 ii. For illnesses of family members, unless such illnesses qualify for leave under the City's family and 132 medical leave policy. 133 c) The sick leave bank may be used in increments of 15 minutes. 134 d) An employee using time from his sick leave bank for his own illness, injury or health condition shall 135 not engage in outside employment during the period of leave. 136 e) A supervisor may require a doctor's statement or other proof of illness if the employee's use of the 137 sick leave bank indicates misuse, or any time after an absence of three or more work days. 138 f) Use of the sick leave bank contrary to the guidelines listed in this section may result in disciplinary 139 action, up to and including termination. 140 (4) Maximum accumulation. No employee can carry over more than 300 hours in his sick leave bank 141 from one benefit year to the next. Any time in excess of 300 hours will be forfeited. 142 (5) Transfer/termination. 143 a) The balance in an employee's sick leave bank is transferable between any City departments. The 144 employee's new department is responsible for all sick time the employee brings with him. 145 b) An employee's sick leave bank balance will not be paid out upon termination of employment. An 146 employee's termination date may not be extended to use up the sick leave bank balance. The 147 employee's termination date shall always be the last day worked. 148 Ordinance No. D-2753-24 149 Page Three of Seven Pages 150 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (d) Coordination with disability benefits. An employee is required to use all but 75 100 hours in his PTO 151 bank and all time in his sick leave bank before receiving disability benefits. An employee may elect to use any 152 remaining PTO balance before receiving disability benefits. 153 (e) Additional leave. 154 (1) An employee who uses all the accrued time in his PTO bank and sick leave bank is not eligible for 155 additional paid time off, unless the absence falls into another category of paid leave for which the employee is 156 eligible. Even if additional unpaid leave is granted, the employee may be subject to disciplinary action for 157 misuse of the PTO program. 158 (2) An employee who is in need of additional extended leave may apply for unpaid leave as provided by 159 the City's leaves of absence policy. 160 161 § 2-52 Holidays. 162 163 (a) Definitions. 164 Holiday shall mean the 24-hour period from midnight to midnight of a day on the annual holiday schedule, 165 unless otherwise specified. 166 Premium Pay shall mean the hourly amount, as stated in the Salary Ordinance, a full-time, part-time or 167 temporary employee earns in addition to his regular hourly rate, for each hour (or portion thereof) worked on 168 a holiday. 169 (b) Each year the Mayor shall set a City holiday schedule which shall reflect the 10 holidays for which full-170 time employees shall receive paid leave. Pay for such holidays shall be included in an employee's bi-weekly 171 PTO accrual. Employees are required to use PTO time for holidays they would be scheduled to work but for 172 the holiday. An employee may be required to work on a holiday or may be given the option to work; however, 173 this decision is at the discretion of management. An employee may not choose to work on a holiday because 174 he does not have sufficient PTO accrued or in order to save PTO for another time. Notwithstanding the 175 requirements of §2-40(d)(l)(f-g), a department that is operated and/or may be staffed on a 24/7 basis may allow 176 or require PTO to be used for holidays that fall on an employee's scheduled day off and/or for holidays on 177 which the employee is required to work, in order to ensure adequate staffing at all times. 178 (c) In addition, full-time employees shall receive paid leave for 2 floating holidays each calendar year. New 179 full-time employees starting before July 1st shall receive paid leave for 2 floating holidays. New full-time 180 employees starting July 1st or after will receive paid leave for 1 floating holiday. Full-time employees starting 181 after October 31st will not receive any floating holiday paid leave. A new employee shall not be entitled to 182 use a floating holiday until he or she has completed two months of full-time employment. When requesting 183 to use a floating holiday, employees are expected to meet the same minimum notification requirements 184 established by their department for PTO requests. Requests to use a floating holiday shall not be granted when 185 it will cause the staffing to fall below minimum requirements. This leave cannot be carried forward to the 186 following year. 187 (c) (d) In addition to their regular pay, full-time, part-time and temporary Non-exempt employees required 188 to work on a holiday shall be paid eligible for premium pay twice their regular pay for each hour (or portion 189 thereof) actually worked, as specified in the annual Salary Ordinance. Regardless of the City's holiday 190 schedule, each employee who works January 1, July 4 or December 25 of any year shall be eligible for premium 191 pay. Employees who are given the option to work, but are not required to work, on a holiday shall not be 192 entitled to premium pay. Department heads and golf course employees are not eligible for premium pay. 193 (d) Part-time golf course employees shall receive time-and-one-half their regular hourly rate for each hour 194 (or portion thereof) worked on a holiday. Full-time golf course employees shall receive their regular pay only 195 for working on a holiday—they are not eligible for either premium pay or for time-and-one-half. 196 197 198 Ordinance No. D-2753-24 199 Page Four of Seven Pages 200 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. § 2-54 Military Leave. 201 (a) It is the City's intent to comply at all times with applicable Federal and State law as it pertains to military 202 leave, including, but not limited to, the Uniformed Services Employment and Reemployment Rights Act 203 (USERRA). 204 (b) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National 205 Guard or a reserve component of the U.S. Armed Forces, is entitled to receive up to 15 consecutive or 206 nonconsecutive eight-hour days shifts of military leave annually, without loss of time or pay, for such time as 207 the employee is on Indiana National Guard or reserve component training or duty pursuant to appropriate and 208 authorized military orders. Such time away from the job shall not be charged against the employee’s 209 PTO/vacation allowance. 210 (c) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National 211 Guard shall also be entitled to receive an unpaid leave of absence for the total number of days that he is on 212 state active duty pursuant to I.C., 10-16-7-7. Such an employee may elect to substitute paid leave (excluding 213 sick and/or catastrophic leave) for any portion of this unpaid leave time. 214 (d) USERRA may provide an employee with additional rights as regards unpaid military leave and job 215 reinstatement. In general, USERRA covers all categories of military training and service, including duty 216 performed on a voluntary or involuntary basis, in time of peace or war. A complete list of current employee 217 rights and obligations under USERRA is available from Human Resources. An employee who exercises rights 218 provided by USERRA shall not be discriminated or retaliated against in any matter of employment. 219 (e) The City shall pay 100% of the employer and employee contributions for dependent (spouse and 220 child(ren)) health insurance coverage during a period of active duty, other than active duty for training, if the 221 dependents are covered under the City plan. 222 (f) The City may, in its sole discretion, elect to pay the difference between an employee's active duty pay 223 and the employee's regular City salary or wages, whether the employee's military leave is taken pursuant to 224 Indiana law and/or USERRA, whenever the employee is ordered to active duty other than active duty for 225 training. Supplemental pay, if provided, shall be subject to the following conditions: 226 (1) Supplemental pay will be determined by comparing gross military pay to gross City pay (excluding 227 overtime). If the City's pay is greater, the supplement shall be the difference between the two. If the City's pay 228 is less than or equal to military pay, there shall be no supplement. 229 (2) Hardship Duty/Imminent Danger Pay and Family Separation Allowance shall not be included in 230 military gross pay for purposes of calculating supplemental pay. 231 (3) To determine gross military pay, the employee is required to submit a military Leave and Earnings 232 Statement (LES) at the time he reports for active duty, at the time he is released from active duty and at any 233 time between if military pay changes. If military pay increases during the period of active duty and a new LES 234 is not submitted to the City, the employee shall, upon return from active duty, be required to repay the City for 235 any overpayment of supplemental pay. 236 237 § 2-55 Bereavement Leave. 238 (a) Up to three days (22.5 hours) shifts of paid leave may, at the department head's discretion, be granted 239 per calendar year for a death that occurs in a full-time employee's immediate family. This leave cannot be 240 accumulated or carried forward to the following year. 241 An employee in need of more than three days for bereavement must use PTO or compensatory time, or seek 242 approval for additional unpaid leave through his department head, who shall review each request on a case-243 by-case basis. 244 245 246 247 248 Ordinance No. D-2753-24 249 Page Five of Seven Pages 250 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (b) Immediate family is defined as father, mother, husband, wife, brother, sister, child, grandchild or 251 grandparent (including step- or in-law relationships). Immediate family also includes those individuals 252 residing in the same household as the employee. a mother or father-in-law, son or daughter-in-law, sister or 253 brother-in-law, grandparent-in-law, as well as step-mother or father, children, brother or sister, grandparents 254 or grandchildren. In addition, a maximum of one shift of the three bereavement days (7.5 hours) each year can 255 be used for an aunt, uncle or cousin (including step- or in-law relationships). 256 (c) An eligible employee must notify his supervisor of the death and request bereavement leave. The City 257 reserves the right to require documentation. 258 259 Section 3. If any portion of this Ordinance is for any reason declared to be invalid by a court of 260 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 261 so long as enforcement of same can be given the same effect. 262 263 Section 4. This Ordinance shall be in full force and effect from and after the date of its passage 264 and signing by the Mayor and such publication as required by law. 265 266 267 268 269 [remainder of page intentionally left blank] 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 Ordinance No. D-2753-24 299 Page Six of Seven Pages 300 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. PASSED, by the Common Council of the City of Carmel, Indiana, this day of 301 , 2024, by a vote of ayes and nays. 302 303 COMMON COUNCIL FOR THE CITY OF CARMEL 304 305 306 Anthony Green, President Adam Aasen, Vice-President 307 308 309 Rich Taylor Matthew Snyder 310 311 312 Jeff Worrell Teresa Ayers 313 314 315 Shannon Minnaar Ryan Locke 316 317 318 Anita Joshi 319 320 ATTEST: 321 322 ______________________________ 323 Jacob Quinn, Clerk 324 325 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 326 327 __________________, 2024, at ________ ___.M. 328 329 ___________________________ 330 Jacob Quinn, Clerk 331 332 Approved by me, Mayor of the City of Carmel, Indiana this _______ day of 333 334 __________________, 2024, at ________ ___.M. 335 336 ___________________________ 337 Sue Finkam, Mayor 338 339 ATTEST: 340 341 342 343 Jacob Quinn, Clerk 344 345 346 Ordinance No. D-2753-24 347 Page Seven of Seven Pages 348 SPONSOR(S): Councilor Green This Resolution was prepared by Sergey Grechukhin, on 11/20/2024 at 2:00 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. RESOLUTION CC 12-16-24-01 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 APPROVING A TRANSFER OF FUNDS BETWEEN THE 2024 FINANCE DEPARTMENT 4 BUDGET (DEPARTMENT #1701) AND THE 2024 HUMAN RESOURCES DEPARTMENT 5 #1201 6 7 Synopsis: Transfers $100,000.00 from the 2024 Finance Department budget into the 2024 8 Human Resources budget. 9 10 WHEREAS, the sum of One Hundred Thousand Dollars ($100,000.00) is needed to pay for 11 expenses incurred in various line items within the 2024 Human Resources Department; and 12 13 WHEREAS, the 2024 Finance Department budget has excess funds in the amount of One 14 Hundred Thousand Dollars ($100,000.00) in the following line items: 15 16 Finance Budget (1701): Line Item 4120000 – Deferred Comp - $10,000.00 17 Finance Budget (1701): Line Item 4110000 – Full Time Regular - $90,000.00 18 19 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 20 that the CFO/Controller is authorized to transfer funds from the 2024 Finance Department (1701) as 21 follows: 22 23 FROM 24 25 Finance Budget (1701): Line Item 4120000 – Deferred Comp - $10,000.00 26 Finance Budget (1701): Line Item 4110000 – Full Time Regular - $90,000.00 27 28 INTO 29 30 Human Resources Budget (1201): Line Item 4110000 – Full Time Regular - $10,000.00 31 Human Resources Budget (1201): Line Item 4340400 – Consulting Fees - $90,000.00 32 33 34 35 (Remainder of page left intentionally blank) 36 37 38 39 40 41 42 43 44 Resolution 12-16-24-01 45 Page One of Two 46 47 SPONSOR(S): Councilor Green This Resolution was prepared by Sergey Grechukhin, on 11/20/2024 at 2:00 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 48 , 2024, by a vote of ayes and nays. 49 50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 53 Anthony Green, President Adam Aasen, Vice-President 54 55 56 Rich Taylor Matthew Snyder 57 58 59 Jeff Worrell Teresa Ayers 60 61 62 Shannon Minnaar Ryan Locke 63 64 65 Anita Joshi 66 67 ATTEST: 68 69 ______________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 73 74 __________________, 2024, at ________ ___.M. 75 76 77 ___________________________ 78 Jacob Quinn, Clerk 79 80 Approved by me, Mayor of the City of Carmel, Indiana this _______ day of 81 82 __________________, 2024, at ________ ___.M. 83 84 85 ___________________________ 86 Sue Finkam, Mayor 87 88 ATTEST: 89 90 91 92 Jacob Quinn, Clerk 93 94 Resolution CC 12-16-24-01 95 Page Two of Two 96 SPONSOR(S): Councilor Green This Resolution was prepared by Sergey Grechukhin, on 11/19/2024 at 2:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. RESOLUTION CC 12-16-24-02 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 APPROVING A TRANSFER OF FUNDS BETWEEN THE 2024 CARMEL POLICE 4 DEPARTMENT BUDGET (DEPARTMENT #1110) AND THE 2024 HEALTH INSURANCE 5 MEDICAL ESCROW FUND (FUND #301) 6 7 Synopsis: Transfers $1,000,000.00 from the 2024 Carmel Police Department budget into 8 the 2024 Health Insurance Medical Escrow Fund. 9 10 WHEREAS, the sum of One Million Dollars ($1,000,000.00) is needed to cover unfunded costs 11 paid for by the Health Insurance Medical Escrow Fund; and 12 13 WHEREAS, the 2024 Carmel Police Department budget has excess funds in the amount of One 14 Million Dollars ($1,000,000.00) in the following line items: 15 16 Carmel Police Budget (1110): Line Item 4110000 – Full Time Regular - $1,000,000.00 17 18 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 19 that the CFO/Controller is authorized to transfer funds from the 2024 Carmel Police Department (#1110) 20 as follows: 21 22 FROM 23 24 Carmel Police Budget (1110): Line Item 4110000 – Full Time Regular - $1,000,000.00 25 26 INTO 27 28 Health Insurance Medical Escrow Fund (301): Line Item 5023990 – Other Expenses - $1,000,000.00 29 30 The source of revenue above is General Fund (#101). 31 32 33 (Remainder of page left intentionally blank) 34 35 36 37 38 39 40 41 42 43 Resolution 12-16-24-02 44 Page One of Two 45 46 47 SPONSOR(S): Councilor Green This Resolution was prepared by Sergey Grechukhin, on 11/19/2024 at 2:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 48 , 2024, by a vote of ayes and nays. 49 50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 53 Anthony Green, President Adam Aasen, Vice-President 54 55 56 Rich Taylor Matthew Snyder 57 58 59 Jeff Worrell Teresa Ayers 60 61 62 Shannon Minnaar Ryan Locke 63 64 65 Anita Joshi 66 67 ATTEST: 68 69 ______________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 73 __________________, 2024, at ________ ___.M. 74 75 76 ___________________________ 77 Jacob Quinn, Clerk 78 79 Approved by me, Mayor of the City of Carmel, Indiana this _______ day of 80 __________________, 2024, at ________ ___.M. 81 82 83 ___________________________ 84 Sue Finkam, Mayor 85 86 ATTEST: 87 88 89 90 Jacob Quinn, Clerk 91 92 93 Resolution CC 12-16-24-02 94 Page Two of Two 95 SPONSOR: Councilor Green This Resolution was prepared by Samantha Karn, Corporation Counsel, on December 4, 2024 at 9:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION NO. CC 12-16-24-03 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING A 3 TRANSFER OF FUNDS WITHIN THE 2024 GENERAL ADMINISTRATION BUDGET (#1205) 4 5 Synopsis: Transfers $299,000.00 within the 2024 General Administration budget (#1205). 6 7 WHEREAS, the sum of Two Hundred Ninety Nine Thousand Dollars ($299,000.00) is needed to pay for 8 expenses in various line items within the 2024 General Administration Department budget; and 9 WHEREAS, the 2024 General Administration Department budget has excess funds in the amount of Two 10 Hundred Ninety Nine Thousand Dollars ($299,000.00) in the following line items: 11 General Administration Budget (1205): Line Item 4110000 – Full Time Regular $150,000.00 12 General Administration Budget (1205): Line Item 4120000 – Deferred Compensation $20,000.00 13 General Administration Budget (1205): Line Item 4121000 – City’s Share of FICA $10,000.00 14 General Administration Budget (1205): Line Item 4123002 – City’s Share of PERF $18,000.00 15 General Administration Budget (1205): Line Item 4124000 – City’s Share of Medicare $2,400.00 16 General Administration Budget (1205): Line Item 4347500 – General Insurance $85,000.00 17 General Administration Budget (1205): Line Item 4348000 – Electricity $13,600.00 18 19 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that the Controller 20 is authorized to transfer funds within the 2024 General Administration Department budget (1205) as follows: 21 General Administration Budget (1205): Line Item 4110000 – Full Time Regular $150,000.00 22 General Administration Budget (1205): Line Item 4120000 – Deferred Compensation $20,000.00 23 General Administration Budget (1205): Line Item 4121000 – City’s Share of FICA $10,000.00 24 General Administration Budget (1205): Line Item 4123002 – City’s Share of PERF $18,000.00 25 General Administration Budget (1205): Line Item 4124000 – City’s Share of Medicare $2,400.00 26 General Administration Budget (1205): Line Item 4347500 – General Insurance $85,000.00 27 General Administration Budget (1205): Line Item 4348000 – Electricity $13,600.00 28 29 INTO 30 31 General Administration Budget (1205): Line Item 4462000 – Other Structure Improvement $163,000.00 32 General Administration Budget (1205): Line Item 4463000 – Furniture & Fixtures $136,000.00 33 34 35 36 37 Resolution CC 12-16-24-03 38 Page One of Two Pages 39 40 SPONSOR: Councilor Green This Resolution was prepared by Samantha Karn, Corporation Counsel, on December 4, 2024 at 9:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 41 ______ , 2024, by a vote of _____ ayes and _____ nays. 42 43 COMMON COUNCIL FOR THE CITY OF CARMEL 44 45 46 Anthony Green, President Adam Aasen, Vice-President 47 48 49 Jeff Worrell Matthew Snyder 50 51 ______________________________ 52 Rich Taylor Teresa Ayers 53 54 55 Anita Joshi Ryan Locke 56 57 ______________________________ 58 Shannon Minnaar 59 60 ATTEST: 61 62 ______________________________ 63 Jacob Quinn, Clerk 64 65 Presented by me to the Mayor of the City of Carmel, Indiana this_______________day of 66 67 _________________________, 2024, at ___________ ____.M. 68 69 70 _____________________________ 71 Jacob Quinn, Clerk 72 73 Approved by me, Mayor of the City of Carmel, Indiana, this __________________ day of 74 75 _________________________, 2024, at ___________ ____.M. 76 77 78 79 Sue Finkam, Mayor 80 ATTEST: 81 82 83 Jacob Quinn, Clerk 84 85 Resolution CC 12-16-24-03 86 Page Two of Two Pages 87 SPONSOR: Councilor Green This Resolution was prepared by Samantha Karn, Corporation Counsel, on December 4, 2024 at 9:00 a.m.. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION NO. CC 12-16-24-04 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING A 3 TRANSFER OF FUNDS BETWEEN THE GENERAL FUND (#101) AND THE FIRE PENSION FUND (#802) 4 5 Synopsis: Transfers $25,000.00 from the General Fund (#101) into the Fire Pension Fund (#802). 6 7 WHEREAS, the sum of Twenty Five Thousand Dollars ($25,000.00) is needed to cover a revenue 8 shortfall within the Fire Pension Fund (#802); and, 9 10 WHEREAS, the 2024 General Fund (#101) has excess funds in the amount of Twenty Five Thousand 11 Dollars ($25,000.00). 12 13 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 14 that the Controller is authorized to transfer funds from the General Fund into the Fire Pension Fund as 15 follows: 16 17 $25,000.00 from GENERAL FUND (FUND #101) 18 19 To 20 21 FIRE PENSION FUND (#802): $25,000.00 22 23 24 25 26 27 28 29 30 31 32 33 34 Resolution CC 12-16-24-04 35 Page One of Two Pages 36 37 38 SPONSOR: Councilor Green This Resolution was prepared by Samantha Karn, Corporation Counsel, on December 4, 2024 at 9:00 a.m.. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of 39 ______ , 2024, by a vote of _____ ayes and _____ nays. 40 41 COMMON COUNCIL FOR THE CITY OF CARMEL 42 43 44 Anthony Green, President Adam Aasen, Vice-President 45 46 47 Jeff Worrell Matthew Snyder 48 49 ______________________________ 50 Rich Taylor Teresa Ayers 51 52 53 Anita Joshi Ryan Locke 54 55 ______________________________ 56 Shannon Minnaar 57 58 ATTEST: 59 60 ______________________________ 61 Jacob Quinn, Clerk 62 63 Presented by me to the Mayor of the City of Carmel, Indiana this _______________day of 64 65 _________________________, 2024, at ___________ ____.M. 66 67 68 _____________________________ 69 Jacob Quinn, Clerk 70 71 Approved by me, Mayor of the City of Carmel, Indiana, this __________________ day of 72 73 _________________________, 2024, at ___________ ____.M. 74 75 76 77 Sue Finkam, Mayor 78 ATTEST: 79 80 81 Jacob Quinn, Clerk 82 83 84 Resolution CC 12-16-24-04 85 Page Two of Two Pages 86