HomeMy WebLinkAbout02.03.25 CC Meeting Paperless Packet1
City of Carmel
CARMEL COMMON COUNCIL
MEETING AGENDA
MONDAY, FEBRUARY 3, 2025 – 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.January 6, 2025 Regular Meeting2.January 23, 2025 Special Meeting
b.Claims
1.General Claims - $3,111,496.37
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.
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11.OTHER REPORTS – (at the first meeting of the month specified below):
a.Carmel Redevelopment Commission (Monthly)
b.Carmel Historic Preservation Commission (Quarterly – January, April, July, October)
c.Audit Committee (Bi-annual – May, October)
d.Redevelopment Authority (Bi-annual – April, October)
e.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.Seventh 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. Sent to the Finance,
Utilities and Rules Committee.
Synopsis:
Ordinance amending budget procedures of the City of Carmel.
b.Third 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. Sent to the Land Use and Special Studies Committee.
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 single-family residential
neighborhood laid out in the style and character as depicted on the Concept Plan (attached as
Exhibit B) which includes single-family homes.
c.Second Reading of Ordinance D-2755-25; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 of the
Carmel City Code; Sponsor(s): Councilor(s) Aasen and Taylor. Sent to the Finance, Utilities
and Rules Committee.
Synopsis:
Ordinance amends the order of business for the Carmel Common Council agenda by adding
Finance Department’s budget quarterly reports.
13.PUBLIC HEARINGS
a.First Reading of Ordinance D-2756-25; An Ordinance of the Common Council of the City
of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from
the Parks and Recreation Non-Reverting Capital Fund (Fund #103) to Line Item 4462000
Other Structure Improvements; Sponsor(s): Councilor(s) Snyder and Taylor.
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Synopsis: This ordinance appropriates $1,249,700.00 to cover costs related to the White River Greenway North Extension Project.
b.First Reading of Ordinance D-2757-25; An Ordinance of the Common Council of the Cityof Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds fromParks and Recreation Impact Fee Fund (Fund #106) to Line Item 4460715 White RiverCorridor; Sponsor(s): Councilor(s) Snyder and Taylor.
Synopsis:This ordinance appropriates funds to cover costs related to the White River Greenway NorthExtension Project.
c.First Reading of Ordinance D-2758-25; An Ordinance of the Common Council of the City
of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from
the Fire Department Budget (#1120) to Line Item 4112002 – Unscheduled Overtime;Sponsor(s): Councilor(s) Taylor, Snyder and Aasen.
Synopsis:
This ordinance appropriates funds to support the operation of an additional fifth ambulance
for the Carmel Fire Department, utilizing existing personnel at Fire Station 342, located at3610 West 106th Street. This station serves the southwest side of Carmel.
14.NEW BUSINESS
a.First Reading of Ordinance D-2759-25; An Ordinance of the Common Council of the Cityof Carmel, Indiana, Amending Chapter 5, Article 1, Sections 5-3 and 5-4 of the Carmel CityCode; Sponsor(s): Councilor(s) Taylor and Snyder.
Synopsis:
Ordinance amends certain sections of the Carmel City Code related to park and recreationfacilities’ operation rules.
b.First Reading of Ordinance D-2760-25; An Ordinance of the Common Council of the City
of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-47 of the Carmel City Code;
Sponsor(s): Councilor(s) Aasen and Worrell.
Synopsis:Ordinance amending the regulation of parking on Randall Drive.
c.First Reading of Ordinance D-2762-25; An Ordinance of the Common Council of the Cityof Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-48 of theCarmel City Code; Sponsor: Councilor Aasen.
Synopsis:
Ordinance establishing 15-minute parking space(s) at the beginning of each block along MainStreet from Knoll Ct to 1st Ave SE, regulating parking on Range Line from Main Street to 1st
Street, and removing inconsistencies and duplications of code.
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d.Resolution CC-02-03-25-01; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving Certain Matters in Connection with the Legacy Project Economic
Development Area (Legacy II Allocation Area); Sponsor(s): Councilor(s) Aasen and Minnaar.
Synopsis:
This resolution approves (1) a resolution of the City of Carmel Redevelopment Commission
creating a new Legacy II Allocation Area within the Legacy Project Economic Development
Area, including an economic development plan supplement, and (2) a related City of Carmel
Plan Commission resolution.
e.Resolution CC-02-03-25-02; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving Certain Matters in Connection with the 106th and Illinois Economic
Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar.
Synopsis:
This resolution approves (1) a resolution of the Carmel Redevelopment Commission creating
the 106th and Illinois Economic Development Area, designating the entirety thereof as a new
allocation area known as the 106th and Illinois Allocation Area, and adopting an economic
development plan for the 106th and Illinois Economic Development Area, and (2) a related
Carmel Plan Commission resolution.
f.Resolution CC-02-03-25-03; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving Certain Matters in Connection with the Clay Terrace Economic
Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar.
Synopsis:
This resolution approves (1) a resolution of the Carmel Redevelopment Commission creating
the Clay Terrace Economic Development Area, designating the entirety thereof as a new
allocation area known as the Clay Terrace Allocation Area, and adopting an economic
development plan for the Clay Terrace Economic Development Area, and (2) a related Carmel
Plan Commission resolution.
g.Resolution CC-02-03-25-04; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving Certain Matters in Connection with the BJ’s Wholesale Economic
Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar.
Synopsis:
This resolution approves (1) a resolution of the Carmel Redevelopment Commission creating
the BJ’s Wholesale Economic Development Area, designating the entirety thereof as a new
allocation area known as the BJ’s Wholesale Allocation Area, and adopting an economic
development plan for the BJ’s Wholesale Economic Development Area, and (2) a related
Carmel Plan Commission resolution.
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h. Resolution CC-02-03-25-05; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the Parks and Recreation Impact Fee Fund (#106); Sponsor(s): Councilor(s) Snyder and Taylor.
Synopsis:
Transfers $784,424.96 from the Grant Fund (#900) into the Parks and Recreation Impact Fee Fund (#106). i. Resolution CC-02-03-25-06; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the Parks and
Recreation Non-Reverting Capital Fund (#103); Sponsor(s): Councilor(s) Snyder and Taylor. Synopsis: Transfers $1,249,700 from the Grant Fund (#900) into the Parks and Recreation Non-
Reverting Capital Fund (#103). j. Resolution CC-02-03-25-07; A Resolution of the Common Council of the City of Carmel, Indiana, Recommending Consideration of an Amendment to the Unified Development Ordinance for the City and Referring the Same to the Carmel Plan Commission for
Recommendation; Sponsor(s): Councilor(s) Aasen, Snyder and Taylor. Synopsis: This Resolution refers a proposal to amend Articles 5.72, 9.08, and 11.02 of the Carmel Unified Development Ordinance to the Carmel Advisory Plan Commission for public hearing
and recommendation to the Common Council. k. Resolution CC-02-03-25-08; A Resolution of the Common Council of the City of Carmel, Indiana, Approving the 2025-2026 Contract with the Carmel Fraternal Order of Police Lodge 185; Sponsor: Councilor Aasen.
Synopsis: Approves the contract between the City of Carmel and the Carmel Fraternal Order of Police Lodge 185 that will be effective from January 1, 2025 through December 31, 2026.
15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS
a. 2024 Encumbrances in 2025 - $20,321,019.67 (Acknowledgement Only)
b. Legal Services Agreement - Kroger Gardis & Regas, LLP c. City Council Appointments 1. Carmel Advisory Committee on Disability (Terms expire 12/31/2026, two-year terms);
Two Appointments.
2. Affiliate Review Committee (Three Appointments)
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d. Request to Approve Mayoral Nomination 1. Kelly Baskett, Carmel Historic Preservation Commission (Term expires 12/31/27, three-year term)
2. ANNOUNCEMENTS
3. ADJOURNMENT
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City of Carmel 1
2 CARMEL COMMON COUNCIL 3
MEETING MINUTES 4
MONDAY, JANUARY 6, 2024 – 6:00 P.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6 7
MEETING CALLED TO ORDER 8
9 Council President Adam Aasen, Council Members: Shannon Minnaar, Ryan Locke, Teresa Ayers, Matthew 10 Snyder, Rich Taylor, Jeff Worrell, Anita Joshi, Anthony Green, and Deputy Clerk Jessica Komp were 11
present. 12
13 Council President Aasen called the meeting to order at 6:00 p.m. 14 15 AGENDA APPROVAL 16 17 The agenda was approved unanimously. 18
19 INVOCATION 20
21 Pastor Max Murphy, Cornerstone Lutheran Church, delivered the invocation. 22 23 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 24
25 Council President Aasen thanked the City of Carmel Street Department for their hard work clearing the 26
roads. 27
28 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 29
30 Eesha Singh, a Senior at Carmel High School, spoke on behalf of the service organization Hindu 31 Swayamsevak Sangh, USA. The public is invited to join the 18th annual Yoga for Health, Health for 32
Humanity Yogathon, also known as Surya Namaskar Yajna. This year’s SNY Marathon Event will be held at 33
Founders Park, 11675 Hazel Dell Pkwy, on February 2nd, from 9:30 a.m. to 12:00 p.m. Please come out and 34 help make this another successful yogathon event. 35
36 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 37
38 Mayor Finkam welcomed the Council to 2025 and stated that she is excited for the year ahead. She also 39 thanked the Street Department and our Public Safety officials who have been out and about in the last few 40
days keeping our roads cleared and our public safe during this heavy snowfall. 41
42 Council President Aasen announced that Councilor Ayers will be the Council Chaplain for 2025, and 43
Councilor Green will be the Council Parliamentarian. Councilor Taylor will lead the Finance, Utilities and 44 Rules Committee and Council Vice President Snyder will lead the Land Use and Special Studies Committee. 45 The “Council Nominating Committee” will also be formed, and will be lead by Councilor Green, along with 46 members Councilor Joshi and Councilor Snyder. This group will implement an intentional process for 47 collecting and receiving applications from the public for consideration as Council appointees to the various 48
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city boards, commissions and committees. Councilor Joshi stated that she is in support of forming this 49 committee, which will provide a transparent process for soliciting the best and brightest that wish to serve 50 our community in this way. She also recognized Dr. William Bennett, a pediatric G.I. specialist at IU Health, 51 who was attending this Council meeting, and who has applied to be a member of the Carmel Advisory 52 Committee on Disability. 53
54 CONSENT AGENDA 55 56 Councilor Snyder moved to approve the consent agenda. Councilor Taylor seconded. There was no 57 discussion. Council President Aasen called for the vote. The consent agenda was approved 9-0. 58 59 a. Approval of Minutes 60 61 1. December 16, 2024 Regular Meeting 62
2. December 30, 2024 Special Meeting 63
64 b. Claims 65
66 1. General Claims - $939,334.29 67 68 ACTION ON MAYORAL VETOES 69 70 There were none. 71
72 COMMITTEE REPORTS 73 74 Councilor Taylor reported that the Finance, Utilities and Rules Committee just met prior to this Council 75 meeting. Ordinance D-2740-24 passes back to the full Council with a positive recommendation. 76 Ordinance D-2741-24 remains in committee, and Ordinance D-2753-24 passes back to the full Council with 77 a positive recommendation, with the inclusion of section D. 78
79 Councilor Snyder reported that the Land Use and Special Studies Committee will meet on Wednesday, 80 January 8th to discuss the proposed Lennar development at 146th Street and Towne Road, and to discuss the 81
UDO. 82
83 OTHER REPORTS – (at the first meeting of the month specified below): 84 85 Henry Mestetsky, Director of Redevelopment, gave the monthly report. City Center’s construction is almost 86 completed. Monon Square North’s construction should be starting early this quarter. 1st on Main’s condos 87 continue to be built out. Construction is underway at Magnolia. Civic Square Condos should start 88
construction early this quarter. Hamilton Crossing will continue to be under construction throughout this 89 year. 1933 Lounge at 111 S. Rangeline should open in the first few months of this year. Icon on Main will 90 continue to be under construction for the entirety of this year. The public plaza should open in early 2026. 91 Ardalan Plaza has made its way through Plan Commission. This will be what greets visitors to the Arts 92 District as they enter through the west side. This is a $20 million project with first floor retail, and for sale 93
condos on the second and third floors. Proscenium III will come back to Council this year for the vacation of 94
the city parcel. David Bowers, Council appointee to the CRC, then spoke to the Council. Mr. Bowers stated 95 that he is available to meet with Council for any questions having to do with the CRC and its projects. 96 Councilor Snyder asked Mr. Mestetsky if he would coordinate with Micheal Klitzing of the Parks 97 Department on the Veterans’ Trail that leads to Icon on Main. Councilor Taylor commended those involved 98
with the Ardalan project for accommodating the nearby residents and listening to their input. Councilor 99
Minnaar also thanked Christine Zoccola of the Plan Commission and the Housing Task Force. President 100 Aasen stated that there is now a sign at the Muse building regarding an incoming sushi restaurant. 101
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The Housing Task Force next gave its report. Christine Zoccola served as President and Chris Pryor served 102 as Vice President. Adrienne Keeling of the Department of Community Services shared that from February 103 through September of 2024, the task force met nine times. The first six meetings were information gathering, 104 the last three were working sessions and a presentation of the final report. Information was gathered from 105 housing industry experts, housing industry, economic, and labor reports, local builders, and Carmel residents. 106
Chris Pryor of MIBOR Realtor Association spoke next. He shared some of the key findings of the task force, 107 including a lack of supply, lack of housing diversity, land scarcity, increased and shifting demand, missing 108 middle housing, density and population growth. All of these factors are affecting affordability. Carmel has 109 more jobs than employed residents. We are not producing enough housing for all of the new jobs that are 110 being created, and this growing demand is further increasing housing prices. Ms. Zoccola then presented the 111
task force’s recommendations. Some of these included continuing the Housing Task Force effort, developing 112 a housing strategy and vision plan, protecting existing single-family neighborhoods, building upon the 113 comprehensive plan, facilitating development of missing middle housing, adopting a development strategy 114 for new apartment construction, acquisition of green space, and assessing current zoning regulations. 115 116 OLD BUSINESS 117 118 Council President Aasen announced the sixth reading of Ordinance D-2740-24; An Ordinance of the 119
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-120
10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item 121 returns from the Finance, Utilities and Rules Committee with a unanimous positive recommendation. 122 Councilor Minnaar moved to approve. Councilor Green seconded. There was no discussion. Council 123 President Aasen called for the vote. Ordinance D-2740-24 approved, 9-0. 124
125 Council President Aasen announced the sixth reading of Ordinance D-2741-24; An Ordinance of the 126 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 127 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item remains in the 128
Finance, Utilities and Rules Committee. 129
130 Council President Aasen announced the second reading of Ordinance Z-694-24; An Ordinance of the 131 Common Council of the City of Carmel, Indiana, Establishing The Towne 146 Planned Unit Development 132
District; Sponsor: Councilor Minnaar. This item remains in the Land Use and Special Studies Committee. 133 134 Council President Aasen announced the second reading of Ordinance D-2753-24; An Ordinance of the 135 Common Council of Carmel, Indiana, Amending Chapter 2, Article 3, Sections 2-51, 2-52, 2-54 and 2-55 of 136 the Carmel City Code; Sponsor(s): Councilor(s) Green and Taylor. Councilor Minnaar moved to introduce 137
the item into business. Councilor Taylor seconded. Councilor Taylor presented the item to Council. This 138
item returns from the Finance, Utilities and Rules Committee with a unanimous positive recommendation. 139 Councilor Taylor stated that this ordinance creates an even playing field for the various departments within 140 the city in terms of how PTO is used. It was approved by the committee with the addition of section D, 141 regarding Holiday Pay and Premium Pay. Councilor Taylor made a motion to amend this ordinance to 142
include said Section D. Councilor Joshi seconded. Zac Jackson, Controller and CFO, explained that Section 143
D explains how holiday pay would differ between full-time employees and part-time employees, and how 144 premium pay would work for employees who work on a paid city holiday. There was no further discussion 145 on the amendment. Council President Aasen called for the vote. Motion to Amend approved, 9-0. Mr. 146 Jackson further explained that PTO accruals will be reduced by 3.0 hours per pay period, but holidays will 147
no longer be paid out of PTO. With the new paid holidays and the addition of two floating holidays, 148
employees will actually receive 1.6 more days of paid time off. Councilor Green made a motion to approve 149 this amended version of the ordinance. Councilor Snyder seconded. There was no further discussion. Council 150 President Aasen called for the vote. Ordinance D-2753-24 approved as amended, 9-0. 151 152
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PUBLIC HEARINGS 153
154 There were none. 155
156 NEW BUSINESS 157 158 Council President Aasen announced the first reading of Ordinance D-2754-25; An Ordinance of the 159 Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement; 160 Sponsor: Councilor Aasen. Councilor Green moved to introduce the item into business. Councilor Minnaar 161 seconded. Councilor Green presented the item to Council. Henry Mestetsky explained that this interlocal 162
agreement will establish two new allocations areas. The first would be BJ’s parcel, from which 100% of the 163 TIF would be directed to the County. The second would be the Clay Terrace Parcel, from which 95% of the 164 TIF would be available for City Council to consider, and 5% would go to the County. TIF funds flowing to 165 the County have to be used for 146th Street improvements in a way that benefits Carmel. Councilor Taylor 166 asked about the amount of risk we’re taking, Director Mestetsky stated that it is very low. Councilors Green, 167
Taylor and Snyder all asked about the basis of the TIF for the BJ’s parcel, Director Mestetsky stated that it 168
was flat land, assessed after the previous building was demolished. Councilor Taylor stated that this is a 169 brilliant deal, because by carving out this allocation area, we are receiving TIF that we weren’t receiving 170 before and only sending 5% of it to the County. We will receive this until a developer-backed bond is issued 171 against the increment, and then for 25 more years after that. When a bond is issued, Council will have 172
approval. Councilor Taylor made a motion to suspend the rules and act on this tonight. Councilor Joshi 173
seconded. There was no discussion. Council President Aasen called for the vote. Motion to Suspend the 174 Rules approved 9-0. Councilor Taylor moved to approve the ordinance. Councilor Joshi seconded. 175 Councilor Worell told Director Mestetsky that this deal was a year and a half well-spent, as this is a great 176 deal. Council President Aasen called for the vote. Ordinance D-2754-25 approved, 9-0. 177
178 Council President Aasen announced the first reading of Ordinance D-2755-25; An Ordinance of the 179 Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 180 of the Carmel City Code; Sponsor(s): Councilors Aasen and Taylor. Councilor Taylor moved to introduce 181
the item into business. Councilor Minnaar seconded. Councilor Taylor presented the item to Council. 182 Council President Aasen stated that this ordinance requires the finance department to produce a quarterly 183 budget report to present to Council. Councilor Aasen stated that he would like to be a written report, with 184 Council questions, but not a long presentation. This was sent to the Finance, Utilities and Rules committee. 185 186 Council President Aasen announced Resolution CC-01-06-25-01; A Resolution of the Common Council of 187 the City of Carmel, Indiana, Approving Certain Matters in Connection with the Old Town Economic 188 Development Area (Main and 4th Avenue Allocation Area); Sponsor(s): Councilors Aasen and Minnaar. 189
Councilor Minnaar moved to introduce the item into business. Councilor Joshi seconded. Councilor Minnaar 190
presented the item to Council. Henry Mestetsky stated that there are three allocation areas being presented 191 today. The first is the Main & 4th Allocation Area, also known as the Ardalan Project. Councilor Taylor 192 stated that he is in favor of creating these allocation areas, because our debt study revealed that we need to 193 start finding ways to increase this type of revenue since so many other allocation areas are expiring and that 194
assessed value is coming onto our tax rolls. Councilor Snyder also spoke in favor of these allocation areas. 195
Councilor Snyder moved to approve the resolution. Council President Aasen seconded. There was no 196 discussion. Council President Aasen called for the vote. Resolution CC-01-06-25-01 approved, 9-0. 197 198 Council President Aasen announced Resolution CC-01-06-25-02; A Resolution of the Common Council of 199 the City of Carmel, Indiana, Approving Certain Matters in Connection with the North Illinois Street 200 Economic Development Area (Frontage Road Hotel Allocation Area); Sponsor(s): Councilors Aasen and 201 Minnaar. Councilor Minnaar moved to introduce the item into business. Councilor Ayers seconded. 202
Councilor Minnaar presented the item to Council. Councilor Snyder asked about why we’re not getting the 203
innkeepers’ tax. Mayor Finkam responded that there is an opportunity for discussion at the County level and 204
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with the new executive director of “Visit Hamilton County.” Councilor Minnaar moved to approve the 205 resolution. Councilor Worrell seconded the motion. There was no discussion. Council President Aasen called 206 for the vote. Resolution CC-01-06-25-02 approved, 9-0. 207 208 Council President Aasen announced Resolution CC-01-06-25-03; A Resolution of the Common Council of 209 the City of Carmel, Indiana, Approving Certain Matters in Connection with the North Illinois Street 210 Economic Development Area (Meridian Hotel Allocation Area); Sponsor(s): Councilors Aasen and Minnaar. 211 Councilor Minnaar moved to introduce the item into business. Councilor Snyder seconded. Councilor 212
Minnaar presented the item to Council. There were no Council comments. Councilor Minnaar moved to 213
approve the resolution. Councilor Joshi seconded. There was no discussion. Council President Aasen called 214 for the vote. Resolution CC-01-06-25-03 approved, 9-0. 215 216 AGENDA ADD-ON ITEMS 217
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There was one add-on item to the agenda. The Mayor requested that the Council approve three appointments 219 to the Carmel Historic Preservation Commission. Matt Uber was appointed, and Nick Kestner and Bill 220 Sanders were reappointed. Councilor Worrell spoke in favor of approving Matt Uber’s appointment. 221 Councilor Snyder moved to approve the appointments. Councilor Joshi seconded. There was no discussion. 222
Council President Aasen called for the vote. CHPC Appointments approved, 9-0. 223
224 OTHER BUSINESS 225
226 City Council Appointments 227 228 Carmel Advisory Committee on Disability (Terms expire 12/31/2026, two-year terms); Two appointments. 229 No appointments were made. This was sent to the nominating committee. 230
231 ANNOUNCEMENTS 232 233 Councilor Joshi announced that she is going to moderate a forum on religious freedom on Thursday, January 234 16th from 6:30 – 8:00 pm, at the Indiana War Memorial, if anyone would like to attend. 235
236 ADJOURNMENT 237 238 Council President Aasen adjourned the meeting at 8:25 p.m. 239 240
Respectfully Submitted, 241
242 _______________________________ 243 Jacob Quinn, Clerk 244 245 246
Approved, 247 248 249 ATTEST: _______________________________ 250 Adam Aasen, Council President 251
252 _______________________________ 253 Jacob Quinn, Clerk 254 255
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City of Carmel 1
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CARMEL COMMON COUNCIL 3
SPECIAL MEETING MINUTES 4
THURSDAY, JANUARY 23, 2025 – 8:00 A.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6
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8 Council President Adam Aasen, Councilors Shannon Minnaar, Ryan Locke, Teresa Ayers, Rich Taylor, 9 Anita Joshi, Anthony Green, and Deputy Clerk Jessica Komp were present. 10 11
Councilors Jeff Worrell and Matthew Snyder were not present. 12
13 Council President Aasen called the meeting to order at 8:00 a.m. 14 15 CLAIMS 16
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Councilor Minnaar moved to approve claims. Councilor Taylor seconded. There was no Council 18 discussion. Council President Aasen called for the vote. Claims were approved 7-0. 19 20 1. Payroll - $3,743,135.49 21
2. General Claims - $6,241,067.06 22
3. Wire Transfers - $45,554,530.58 23
24 ADJOURNMENT 25 26 Council President Aasen adjourned the meeting at 8:01 a.m. 27
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Respectfully submitted, 29 30 31 ____________________________________ 32
Jacob Quinn, Clerk 33
34 Approved, 35 36 37
____________________________________38
Adam Aasen, Council President 39 ATTEST: 40 41 42
________________________________ 43
Jacob Quinn, Clerk 44
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 1
CITY COUNCIL FEBRUARY 2025 REPORT REPORTING ON DECEMBER 2024 FINANCES JANUARY 2024 ACTIVITIES
STRATEGIC HIGHLIGHTS
• Construction progressing on the following projects: o First on Main
o Magnolia
o The Wren o The Windsor o Republic Airways (Hamilton Crossing)
o Proscenium II
o North End o The LOR/1933 Lounge Project
o Lexington & Main Roundabout Art
o AT&T Site
FINANCIAL SNAPSHOT
December Beginning Balance $ 8,579,757
December Revenues $ 17,207,569
December Transfers $ (2,785,292)
December Expenditures $ 16,525,584
December ending Balance Without Reserve Funds $ 6,476,450
Supplemental Reserve Fund $ 5,625,620
City Center Bond Reserve $ 259,578
Midtown Bond Reserve $ 933,405
Midtown West Bond Reserve $ 810,763
Urban Parks Fund $ 3,686,671
December Balance With Reserve Funds $ 17,792,487
FINANCIAL STATEMENT
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 2
Financial Statement
DECEMBER MONTH-END FINANCIAL BALANCE
Ending Balance without Restricted Funds $ 6,476,450
Ending Balance with Restricted Funds $ 17,792,487
SUMMARY OF CASH For the Month Ending December 2024
DESCRIPTION ACTUAL
MONTHLY
PROJECTION VARIANCE
Cash Balance 12/1/24
1101 Cash $ 5,605,372.57 $ 5,605,372.57 -
1110 TIF $ 2,974,384.57 $ 2,974,384.57 -
Total Cash $ 8,579,757.14 $ 8,579,757.14 -
Receipts
1101 Cash $ 2,038,565.02 $ 243,124.88 $ 1,795,440.14
1110 TIF $ 18,419,186.55 $ 18,742,395.20 $ (323,208.65)
Developer Payments $ (3,250,182.62) $ (3,277,093.75) $ 26,911.13
Transfers to Reserves (TIF) $ (448,498.28) $ (450,027.78) $ 1,529.50
Transfers to Reserves (non-TIF) $ (1,662,906.97) $ (138,442.96) $ (1,524,464.01)
Transfer to SRF $ (673,886.78) $ (873,886.78) $ 200,000.00
Total Receipts $ 14,422,276.92 $ 14,246,068.81 $ 176,208.11
Disbursements
1101 Cash $ 259,136.91 $ 196,152.39 $ (62,984.52)
1110 TIF $ 16,266,447.10 $ 16,266,447.10 $ -
Total Disbursements $ 16,525,584.01 $ 16,462,599.49 $ (62,984.52)
1101 Cash $ 5,721,893.71 $ 5,513,902.10 $ 207,991.61
1110 TIF $ 754,556.34 $ 849,324.36 $ (94,768.02)
Cash Balance 12/31/24 $ 6,476,450.05 $ 6,363,226.46 $ 113,223.59
Total Usable Funds $ 6,476,450.05 $ 6,363,226.46 $ 113,223.59
$0.00$1,000,000.00$2,000,000.00$3,000,000.00$4,000,000.00$5,000,000.00$6,000,000.00$7,000,000.00
DECEMBER
MONTH END BALANCE
Actual Budget Variance
FINANCIAL STATEMENT
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 3
FUND BALANCES AND OUTSTANDING RECEIVABLES As of month-end December 2024
RESTRICTED FUNDS
Supplemental Reserve Fund $ 5,625,620
City Center Bond Reserve $ 259,578
Midtown Bond Reserve $ 933,405
Midtown West Bond Reserve $ 810,763
Urban Parks Fund $ 3,686,671
Sub-total: $ 11,316,037 UNRESTRICTED FUNDS
TIF $ 754,556 Non TIF $ 5,721,894
Sub-total: $ 6,476,450
Total Funds $ 17,792,487
OUTSTANDING RECEIVABLES
N/A $ -
TOTAL OUTSTANDING RECEIVABLES $ -
STATEMENT OF CHANGES IN EQUITY
MONTH END: DECEMBER 2024
DESCRIPTION REVENUE EXPENSES
Total Receipts (TIF) $ 14,046,619
Total Receipts (Non-TIF) $ 375,658
Expenditures (TIF) $ 16,266,447
Expenditures (Non-TIF) $ 259,137
FINANCIAL UPDATE
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 4
Financial Update
TIF REVENUE AND DEBT Actual 2024 TIF revenue and PIATT payments available for CRC use is $33,633,810.
$- $10,000,000 $20,000,000 $30,000,000 $40,000,000
20
1
8
20
1
9
20
2
0
20
2
1
20
2
2
20
2
3
TIF RevenueDebt Service
DEBT PAYMENTS
Month Payment
June 2024 $16,549,975
December 2024 $16,548,798
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 5
Project Updates
CITY CENTER Developer Partner: Pedcor Companies Allocation Area: City Center Use: Mixed-Use Project Summary: Mixed Use development, multiple buildings
Figure 1 City Center Master Plan, provided by Pedcor City Center Development Company
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 6
1) Project Status – (changes noted below.) CRC Contract Amounts: City Center Bond: $ 16,214,875.00 2016 TIF Bond: $ 2,598,314.00 (5th Floor of Park East garage) Site Construction Contract Amounts: $1,442,962 – Smock Fansler, contractor - Complete Veterans Way Extension Project Amounts: $3,403,000 – Hagerman, contractor – Complete Parcel 73 Site work: $149,600 – Smock Fansler, contractor
PROJECT USE PROJECT
DATES
DESIGN RENDERINGS PROVIDED BY PEDCOR
Veterans
Way Garage
A five-story parking structure with 735 parking spaces
Open to the public on 9/22/17
Completed in May 2017 Contract Amt. $13,954,683
Baldwin/ Chambers A four-story building, of approximately 64,000 square feet, which will include luxury apartments and commercial retail/ office space. Approx. 26 Apartments Hagerman is the contractor.
Completed in June 2018
Pedcor Office 5 A two-story building, of approximately 20,000 square feet, which will include office space.
Start: Fall 2015 Completed Q4 2017
Tenants have moved into the new building
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 7
Kent A three-story building, of approximately 111,000 square feet of luxury apartments. Site drawings were approved by the CRC Architectural Committee.
Start: Summer 2018 Complete: June 2021
Site Construction – Start: Spring 2018 Site Work Awarded – Spring 2018 Building Construction – Start: Summer 2018 Building Complete June 2021 - Pool and Site work is still under construction
Hamilton (Park East
commercial/residential buildings
Hamilton East: 5 ground floor residential two-story townhomes; 7,954 SF of ground floor commercial space Hamilton West: 13,992 SF of ground floor commercial space
Start: Summer 2018
Hamilton East - Construction commenced: Summer 2018, completed Summer 2019 Hamilton West – Construction commenced: Summer 2020, currently under construction
Playfair and
Holland
A five-story building, of approximately 178,000 square feet, which will include 112 luxury apartments and commercial retail/office space.
Start: September 2019 Complete: Spring 2022 Approx. 112 Apartments
Windsor A four-story building, of approximately 64,000 square feet. Start: Summer 2022 Complete: May/June 2024
January 2025
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 8
Wren A six-story building of approximately 157,000 square feet, which will include luxury apartments and commercial office/retail space.
Start: Summer 2020 Complete: June 2024
Currently under construction
Note: All completion dates indicated above are per the Completion Guaranties executed between the CRC and Pedcor. Should Pedcor miss these dates they are obligated to cover the debt obligations. 2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
3) CRC Commitments An overview of commitments has been uploaded to the CRC website. Most significantly, the CRC committed to publicly bid a four-story parking garage with not less than 620 parking spaces which has been completed and is available for public use. The CRC also commits to coordinate any significant site plan changes requested by Pedcor with City Council.
January 2025
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 9
PROSCENIUM 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: 126th Street 3) Project Summary: Mixed-use development, multiple buildings. 1) 197 Apartments; 22 for-sale condos 2) Approx. 140,000 SF of office and retail space 3) Approx. 450 parking spaces (public and private) Total project budget: $60,000,000 4) Anticipated Project Schedule Design Start 2016 Construction Start 2018 Construction Complete 2022 Tavern Construction Start Estimated Fall 2023 Tavern Construction Complete Estimated 5) Construction Milestones: Construction is complete. Construction of the Tavern estimated to begin fall 2023. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made. The City will be relocating and burying Duke Energy’s transmission line and completing road improvements adjacent to the development.
Rendering
September 2022
September 2022
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 10
CIVIC SQUARE GARAGE 1) CRC Design-Build Project 2)Economic Development Area: Carmel City Center/Carmel City Center Amendment 3)Project Summary: - 303-space parking garage - 255 spaces will be open to the public - 48 spaces are reserved for owner-occupied condos that will line the west and north sides of the garage (to be developed as part of a future CRC project) 4)Total project budget: $9,700,000 5)Anticipated Project Schedule Construction Start January 2022 Construction End Opened Summer 2022 6)Construction Milestones: Garage is now open for public use. 7)CRC Commitments The CRC will be involved with development and construction of the parking garage 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
September 2022 Rendering
March 2023
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 11
FIRST ON MAIN 1)Developer Partner(s): Lauth Group, Inc. 2)Economic Development Area: Lot One 3)Project Summary: - 310-space public parking garage - Four-story, 73,000 SF Class-A office building with first floor restaurant space and a private rooftop terrace - 8 condominiums - 35 apartments - Community gathering plaza featuring the City’s Rotary Clock 4)Total project budget: $35,000,000 5)Anticipated Project Schedule Construction Start Fall 2021 Construction End Estimated November 2023 6)Construction Milestones: Construction is underway. 7)CRC Commitments CRC contributed the land for this development. Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
January 2024
Rendering
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 12
MAGNOLIA 1)Developer Partner(s): Old Town Companies 2)Economic Development Area: Magnolia 3)Project Summary: Multi-phase development that will include six condominium buildings with five units per building, for a total of 30 for-sale condos, and future multi-family residential on the corner of City Center Drive and Rangeline Road. 4)Total project budget: 5)Anticipated Project Schedule Construction Start April 2022 (Building 1) Construction End Estimated 2025 (Buildings 4-6) 6)Construction Milestones: Construction is underway. 7)CRC Commitments: CRC contributed the land for the development of this project. 8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering January 2025
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 13
HAMILTON CROSSING 1)Developer Partner(s): Kite Reality Group and Pure Development, Inc. 2)Economic Development Area: Amended 126th Street 3)Project Summary: New home of Republic Airways. 105,000 square-foot training facility with 20 classrooms, 94 workstations, two cabin trainers, and eight flight simulators. The hotel adjacent to the training center will be expanded to 274 rooms. 600 jobs brought/created with Republic alone. 4)Total project budget: $200,000,000 investment for Phase 1 and II 5)Anticipated Project Schedule Construction Start HQ/Corporate Housing: Winter 2021 (Complete) Garage: Winter 2022 Construction End HQ/Corporate Housing: Completed Garage: Estimated April 2024 6)Construction Milestones: Construction is underway. Training Center is open. 7)CRC Commitments Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items
Rendering
Rendering
January 2025
Rendering
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 14
PROSCENIUM II 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: Amended 126th Street 3) Project Summary: Mixed-use development i. 120 parking spaces ii. 48 Apartments; 7 for-sale condos iii. Approx. 15,000 SF of office and retail space iv. Approx. Total project budget: $18,000,000 4) Anticipated Project Schedule Design Start 2021 Construction Start 2022 Construction Complete Estimated August 2024 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made.
Rendering October 2024 January 2025
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 15
AT&T SITE 1) Developer Partner(s): Buckingham Companies, Third Street Ventures, Pure Development, and Merchants Banks 2) Economic Development Area: 3rd Ave ATT 3) Project Summary: Mixed-use development i. 443 parking spaces ii. 244-unit multi-family building; 2 single family homes iii. Approx. 80,000 SF of corporate headquarters; 37,000 SF boutique headquarters iv. Approx. Total project budget: $133,000,000 4) Anticipated Project Schedule Design Start 2022 Construction Start 2024 Construction Complete December 2025 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments No commitments by the CRC have been made.
Rendering January 2025
PROJECT UPDATES
January 24, 2025 CRC Report for February 3, 2025, City Council Meeting Page | 16
Respectfully submitted, Henry Mestetsky Executive Director Carmel Redevelopment Commission/Department January 24, 2024
Prepared for City Council and the Redevelopment Commission -End Report-
CARMEL HISTORIC PRESERVATION COMMISSION
QUARTERLY REPORT TO CARMEL CITY COUNCIL JANUARY 2025
October 2024 to December 2024
• Staff had discussions about relocating the house at 10750 Hazel Dell Parkway, in hopes of avoiding
demolition.
• Staff and commissioners pursued options for relocating the house at 331 W. Main St.
• Letter sent to owners of designated properties reminding them of the need to submit Certificates of
Appropriateness for any exterior changes.
• Staff submitted draft of 14420 Cherry Tree Rd. Preservation Plan to Commission.
• Commission’s contract with Indiana Landmarks renewed.
• Rosemary Dunkle announced her resignation from the Commission.
• Throughout the previous quarter, CHPC staff continued to participate in the review of improved location
permit applications for historic properties, per the stipulations of the 60-day demolition.
Respectfully submitted,
Mark Dollase
Carmel Historic Preservation Commission Administrator
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 22, 2025, 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-A 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
Ҥ 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 component of government and may 28 transfer appropriated funds between line items within major budget classifications within a City 29 department or component of government when the transfer between line items would cause the 30 Maximum Approved Transfer Amount (as defined in subsection (b)(1)) to be exceeded and if: 31
(1) It determines that the transfer is necessary; 32
(2) The transfer does not require the expenditure of more money than the total amount set out in the 33 budget as finally determined pursuant to I.C., 6-1.1 et seq.; 34
(3) The transfer is made at a regular public meeting and by proper resolution; and 35
(4) The transfer is certified to the county auditor when the transfer is between major budget 36 classifications. 37
(b) Controller Approved Transfers. 38
(1) The Controller may transfer appropriated funds between line items within a major budget 39 classification for all City departments, the Office of the Mayor, the Clerk, and the City Judge without the 40 approval of the Common Council, provided, however, that such transfers may not exceed the Maximum 41 Approved Transfer Amount. The term “Maximum Approved Transfer Amount” shall mean no more 42 than $50,000 per receiving line item, per calendar year, except that no Maximum Approved Transfer 43 Amount shall apply to personnel costs and expenses. 44
45
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 22, 2025, 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) Controller Approved Transfers may be made without notice and without the approval of the 46 Department of Local Government Finance. 47
§ 2-302 Chart of Accounts and Budget Forms. 48 (a) The Controller shall adopt a Chart of Accounts in compliance with the State Board of Accounts and 49 Department of Local Government Finance and shall submit a copy of any changes at least annually to 50 the Common Council. 51 52 (b) The Controller shall adopt budget forms to be used in the preparation of the budget. All departments, 53 Carmel/Clay Board of Parks and Recreation and all elected officials shall use the Chart of Accounts and 54 budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 55
formulated in accordance with IC 36-4-7. The Controller shall submit a copy of any changes at least annually 56
to the Common Council. 57 58 (c) The Utility Department is exempt from the provisions of this section.” 59 60
§ 2-303 Encumbrances. 61
62 (a) Written contractual obligations. Components of government may only encumber funds 63 with a written contractual obligation from one budget year to the next with approval of the 64 Controller, with the exception of the below limited exceptions. 65
(b) All capital fund projects (Cum Cap Development, Cum Cap Improvement, and Cum Cap Sewer) as 66 well as Local Road and Street Fund projects that have been encumbered may not be used for any project 67 or purpose different from that established by the original encumbrance, and such project or purpose must 68 proceed in the budget year in which the funds are encumbered. If it is deemed necessary to change the 69 scope of the encumbrance, a resolution must be presented to and approved by the Common Council. This 70 resolution shall list the detailed justification for the change request.” 71 72 Section 6. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 73
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 74 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 75 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 76 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 77 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 78
79 Section 7. If any portion of this Ordinance is for any reason declared to be invalid by a court of 80 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 81 so long as enforcement of same can be given the same effect. 82 83
Section 8. The remaining portions of Carmel City Code Sections 2-301, 2-302, and 2-303 are not 84
affected by this Ordinance upon its passage. 85 86 Section 9. This Ordinance shall be in full force and effect from and after the date of its passage 87
and signing by the Mayor and such publication as required by law. 88
89 90 91 92
Ordinance D-2741-24-A 93 Page Two of Three Pages 94
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 22, 2025, 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 95 ________________, 2025, by a vote of _____ ayes and _____ nays. 96 97 COMMON COUNCIL FOR THE CITY OF CARMEL 98
99
______________________________ ______________________________ 100 Adam Aasen, President Matthew Snyder, Vice-President 101 102 ______________________________ ______________________________ 103
Rich Taylor Anthony Green 104
105 ______________________________ ______________________________ 106 Jeff Worrell Teresa Ayers 107 108
______________________________ ______________________________ 109
Shannon Minnaar Ryan Locke 110 111 ______________________________ 112 Anita Joshi 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 _________________________ 2025, at _______ __.M. 121 122 123
______________________________ 124
Jacob Quinn, Clerk 125 126 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 127 ________________________ 2025, at _______ __.M. 128
129
130 _____________________________ 131 Sue Finkam, Mayor 132 133
ATTEST: 134
135 ______________________________ 136 Jacob Quinn, Clerk 137 138
139
140 141 142 Ordinance No. D-2741-24-A 143
Page Three of Three Pages 144
Sponsor: Councilor Minnaar
CARMEL, INDIANA
Towne 146
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-694-24 (as amended)
January 24, 2025
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions ....................................................................................................................... 4
Section 3. Uses & Accessory Buildings .......................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Common Area Requirements ......................................................................................8
Section 6. Landscaping Requirements ..........................................................................................9
Section 7. Signage Requirements ...............................................................................................12
Section 8. Additional Requirements and Standards ...................................................................... 12
Section 9. Procedural Provisions ...............................................................................................13
Section 10. Controlling Developer’s Consent .............................................................................14
Section 11. Violations and Enforcement .....................................................................................14
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 Standards
Exhibit F Common Area Concept Imagery
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Sponsor: Councilor Minnaar
ORDINANCE Z-694-24 (as amended)
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 single-family residential
neighborhood laid out in the style and character as depicted on the Concept Plan (attached as
Exhibit B) which includes single-family homes.
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
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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 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.
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.
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 are intended to
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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 E (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.
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.
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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 two (2)
Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached
Residential, Alley). The Permitted Uses within each Area shall be as set forth below:
A. Area A and Area B: Single-Family Dwellings.
B. Temporary Model Homes shall be permitted in both 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
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.
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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’ 20’ 1,800 2,000 75%
Section 4.2 Maximum Residential Densities: The maximum number of Residential
Dwellings shall be fifty (50).
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: Thirty-five (35) 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. Driveways on Lots in Area B shall
only access alleys (no direct driveway to street access shall be
permitted).
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.
D. Dwellings shall not be required to front on a public street (setbacks
shall be measured form the subject property lines).
Section 4.5 Architectural Standards:
A. Character Imagery: The applicable Architectural Character Imagery,
indicating conceptually the intended architecture and appearance of
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Dwellings are contained within Exhibit C (Architectural Character
Imagery – Area A Lots) and Exhibit D (Architectural Character
Imagery – Area B Lots).
B. Dwelling Architecture: Applicable architectural requirements and
standards for dwellings are contained in Exhibit E (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.
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.
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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 F (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 F (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 internal trails 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 The area(s) identified on the Concept Plan as “Park” shall be provided as
generally depicted on Exhibit F (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:
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
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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.
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.
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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:
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
and/or ornamental grasses along the dwelling foundation per
side façade facing a street.
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).
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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.
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 the 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.
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C. Internal paths shall be installed within the common area as generally
shown on the Connectivity Plan Exhibit of Exhibit B subject to
approval by the Surveyors Office regarding the legal drain crossing.
D. A connection shall be provided between internal paths/sidewalks and
the path along the south side of 146th Street. In this regard either a five
(5) foot sidewalk and crosswalk or a ten (10) foot path and crosswalk
shall be installed across the frontage road and connect to the 146th
Street path. The location of this connection 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 for all homes in Area B.
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,
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.
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C. Single-Family Detached Dwellings shall comply with all applicable
Exhibit E 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;
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.
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Section 12. Exhibits. All of the Exhibits (A-F) 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)
See following page.
R E T E N T I O N
Exhibit “B”
Exhibit “B”
(Connectivity Plan Exhibit)
See following page.
OLD 146TH STREET
146TH STREET
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STREET NAME (PUBLIC)
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146TH & TOWNE ROAD
CARMEL, INDIANA
0'
SCALE: 1" =
GRAPHIC SCALE
50'100'150'
100'(11x17)
CONNECTIVITY EXHIBIT
NOVEMBER 12, 2024
LEGEND
U
Exhibit “B”
Exhibit “B”
(Open Space Plan Exhibit)
See following page.
OLD 146TH STREET
146TH STREET
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TOWNE & 146THOPEN SPACE PLAN
CARMEL, INDIANIAJANUARY 24, 2025
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
0.4 AC.
2.4 AC.
0.6 AC.
0.7 AC.
TOTAL OPEN SPACE = 3.4 AC.
SITE ACREAGE = 15.76 AC.
CURRENT OPEN SPACE = 21.6%
PARK
EXHIBIT " "
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
See following four (4) pages.
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
See following five (5) pages.
Exhibit “E”
(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)
and Exhibit D (Architectural Character Imagery – Area B Lots).
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 of the front facade, at a minimum
and continue at that height around the sides and rear of the dwelling. 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, one (1) window,
per level (floor), on the side façades, and two (2) 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 of the
dwelling.
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 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.
Section 7. Bedrooms:
A. 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.
B. All homes in Area B shall include (i) a primary bedroom or (ii) a bedroom and
full bath, on the 1st floor.
Exhibit “F”
(Common Area Concept Imagery)
PASSED by the Common Council of the City of Carmel, Indiana, this _________ day of
_________________, 2025, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
_____________________________
Matthew Snyder, Vice-President
______________________________
Teresa Ayers
______________________________
Ryan Locke
______________________________
Rich Taylor
_____________________________
Adam Aasen, President
______________________________
Jeff Worrell
______________________________
Shannon Minnaar
______________________________
Anthony Green
______________________________
Anita Joshi
ATTEST:
______________________________
Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of
_____________________, 2025, at ______ __.M.
_________________________________
Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this __________ day of
______________________, 2025, 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 19 011825
Sponsor: Councilor Minnaar
CARMEL, INDIANA
Towne 146
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-694-24 (as amended)
November 20, 2024 January 24, 2025
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TABLE OF CONTENTS Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions ....................................................................................................................... 4 Section 3. Uses & Accessory Buildings .......................................................................................... 6
Section 4. Development Standards ................................................................................................ 76 Section 5. Common Area Requirements ....................................................................................98
Section 6. Landscaping Requirements ..........................................................................................9
Section 7. Signage Requirements ...........................................................................................1012 Section 8. Additional Requirements and Standards .................................................................. 1012
Section 9. Procedural Provisions ...............................................................................................13 Section 10. Controlling Developer’s Consent .............................................................................14
Section 11. Violations and Enforcement .................................................................................1514
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 – TownhomesStandards Exhibit F Architectural Standards
Exhibit G Common Area Concept Imagery
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Sponsor: Councilor Minnaar ORDINANCE Z-694-24 (as amended) 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-single-family 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
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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 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.
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Area B Lots: The area identified as “Area B” on the Concept Plan.
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 FE (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.
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Primary Roof: The highest roof plane on the front elevation.
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 (3two (2) 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.B. Temporary Model Homes shall be permitted in allboth 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.
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Section 3.7 Short Term Residential Rentals: Shorth Term Residential Rentals as
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’ 15’20’ 1,200800 1,4002,000 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 (87fifty (50).
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 (28Thirty-five (35) 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.
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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).
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.
D. Dwellings shall not be required to front on a public street (setbacks
shall be measured form the subject property lines).
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),) and 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 FE (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.
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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. 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 GF (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 GF (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 trailtrails 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) areasThe area(s) identified on the Concept Plan as “Park” shall be provided as generally depicted on Exhibit GF (Common Area Concept Imagery). Collectively, the areas shall include (i) a boardwalk structure
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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: 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
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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. 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.
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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 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.
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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. 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 the 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 the Connectivity Plan Exhibit Gof Exhibit B subject to approval by the Surveyors Office regarding the legal drain crossing. D. ConnectionsA connection shall be provided between internal
paths/sidewalks and the path along the south side of 146th Street. In
this regard either a five (5) foot sidewalk and crosswalk andor a ten (10) foot path and crosswalk shall be installed across the frontage road and connect to the 146th Street path. LocationsThe location of these connectionsthis connection 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. for all homes in Area B.
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.
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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, 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 all applicable architectural standardsExhibit E 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.
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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; 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-GF) 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)
See following page.
Exhibit “B”
Exhibit “B” (Connectivity Plan Exhibit)
See following page.
Exhibit “B”
Exhibit “B” (Open Space Plan Exhibit)
See following page.
Exhibit “C”
(Architectural Character Imagery – Area A Lots) See following four (4) pages.
Exhibit “D” (Architectural Character Imagery – Area B Lots)
See following three (3five (5) 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),)
and 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 of the front facade, at a minimum
and continue at that height around the sides and rear of the dwelling. 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)
windowsone (1) window, per level (floor), on the side façades, and
four (4two (2) 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 orof the
side of end Townhome unitsdwelling.
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:
A. 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.
B. All homes in Area B shall include (i) a primary bedroom or (ii) a bedroom and
full bath, on the 1st floor.
Exhibit “GF” (Common Area Concept Imagery)
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 20242025, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
_____________________________
Matthew Snyder, Vice-President
______________________________ Teresa Ayers
______________________________
Ryan Locke
______________________________
Rich Taylor
_____________________________
Adam Aasen, President
______________________________ Jeff Worrell
______________________________
Shannon Minnaar
______________________________
Anthony Green
______________________________
Anita Joshi
ATTEST:
______________________________ Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________,
20242025, at ______ __.M.
_________________________________Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _________________,
20242025, 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 11202419 011825
RETENTION
SPONSOR(S): Councilors Aasen and Taylor
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on December 19, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
ORDINANCE D-2755-25 1
2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, AMENDING CHAPTER 3, ARTICLE 1, DIVISION II, SECTION 3-30 OF 4 THE CARMEL CITY CODE 5 6
Synopsis: Ordinance amends the order of business for the Carmel Common Council 7 agenda by adding Finance Department’s budget quarterly reports. 8 9 WHEREAS, pursuant to Indiana Code § 36-1-3-4, the Carmel Common Council (the “Council”) 10 may adopt its own rules to govern its proceedings; and 11
12 WHEREAS, The Council aims to further improve transparency and fiscal responsibility in 13 public funds spending. 14 15 NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the 16 City of Carmel, Indiana, as follows: 17
18 Section 1. The foregoing Recitals are incorporated herein by this reference. 19 20 Section 2. Section 3-30 of the Carmel City Code is hereby amended and shall read as follows: 21 22 Ҥ 3-30 Order of Business. 23 24 (j) Other Reports Р(at the first meeting of the month specified below): 25 (1) Carmel Redevelopment Commission (Monthly); 26 (2) Carmel Historic Preservation Commission (Quarterly РJanuary, April, July, October); 27
(3) Audit Committee (Bi-Annual May, October); 28 (4) Redevelopment Authority (Bi-Annual – April, October); 29 (5) Carmel Cable and Telecommunications Commission (Bi-annual – April, October); 30 (6) Economic Development Commission (Bi-annual – February, August); 31 (7) Library Board (Annual – February); 32
(8) Ethics Board (Annual – February); 33 (9) Climate Action Advisory Committee (Quarterly – March, June, September, December); 34 (10) Finance Department Budget Update (Quarterly- April, July, October, January (for the 35 4th quarter of the previous year)); 36 (11) All reports designated by the Chair to qualify for placement under this category.” 37
38 Section 3. All other current provisions of City Code Section 3-30 shall remain in full force and 39 effect and are not affected by this Ordinance. 40 41 Section 4. The Finance, Utilities, and Rules Committee shall coordinate with the Finance 42
Department to develop the format and content of the Budget Update report. All Council members 43 shall receive written reports or summaries at least seven (7) days before the Finance Department's 44 Budget Update presentation. 45 46 47
Ordinance No. D- 2755-25 48 Page One of Two 49
SPONSOR(S): Councilors Aasen and Taylor
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on December 19, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 50
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so 51
long as enforcement of same can be given the same effect. 52 53 Section 6. This Ordinance shall be in full force and effect from and after its passage and signing 54 by the Mayor. 55
56 PASSED by the Common Council of the City of Carmel, Indiana, this __________day of 57 ______________________, 2025, by a vote of _____ ayes and _____ nays. 58 59 COMMON COUNCIL FOR THE CITY OF CARMEL 60
61
______________________________ ______________________________ 62 Adam Aasen, President Matthew Snyder, Vice-President 63 64 ______________________________ ______________________________ 65 Rich Taylor Anthony Green 66
67 ______________________________ ______________________________ 68 Jeff Worrell Teresa Ayers 69 70 ______________________________ ______________________________ 71
Shannon Minnaar Ryan Locke 72 73 ______________________________ 74 Anita Joshi 75 76
ATTEST: 77 ______________________________ 78 Jacob Quinn, Clerk 79 80 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 81
_________________________ 2025, at _______ __.M. 82 83 84 Jacob Quinn, Clerk 85 86
Approved by me, Mayor of the City of Carmel, Indiana, this _________ day of 87 ________________________ 2025, at _______ __.M. 88 89 ______________________________ 90 Sue Finkam, Mayor 91
ATTEST: 92 93 ______________________________ 94 Jacob Quinn, Clerk 95 96
Ordinance No. D- 2755-25 97 Page Two of Two 98
Sponsor(s): Councilor Snyder, Councilor Taylor
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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 D-2756-25 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 2
AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS FROM THE 3
PARKS AND RECREATION NON-REVERTING CAPITAL FUND (FUND #103) TO LINE ITEM 4
4462000 - OTHER STRUCTURE IMPROVEMENTS. 5
Synopsis: This ordinance appropriates $1,249,700 to cover costs related to the White River Greenway 6
North Extension Project. 7
8
WHEREAS, the Carmel/Clay Board of Parks and Recreation (“CCPR”) was awarded a $4 million 9
dollar Regional Economic Acceleration & Development Initiative (READI) grant to design and construct an 10
extension of the White River Greenway (the “Project”); and 11
WHEREAS, CCPR was awarded a $1 million grant from Hamilton County to design and construct 12
improvements within Carmel’s White River corridor, including the Project; and 13
WHEREAS, funds in the amount of the sum of One Million Two Hundred Forty-Nine Thousand Seven 14
Hundred Dollars ($1,249,700) must be appropriated to pay for the Project costs; and 15
WHEREAS, upon previously approved by Common Council Resolution CC-02-03-25-06 the Parks and 16
Recreation Non-Reverting Capital Fund (Fund #103) has excess funds in the amount of One Million Two 17
Hundred Forty-Nine Thousand Seven Hundred Dollars ($1,249,700). 18
19
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 20
that the following sum of money is hereby appropriated from the Parks and Recreation Non-Reverting Capital 21
Fund (#103) for the purposes specified herein, subject to applicable laws, as follows: 22
23
$1,249,700 from the Parks and Recreation Non-Reverting Capital Fund (Fund #103) 24
25
To 26
27
Parks and Recreation Non-Reverting Capital Fund (Fund #103) Line Item 4462000-Other Structure 28
Improvements 29
$1,249,700 30
31
This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor. 32
33
34
35
Ordinance D-2756-25 36
Page One of Two 37
38
Sponsor(s): Councilor Snyder, Councilor Taylor
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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.
39
PASSED by the Common Council of the City of Carmel, Indiana, this____________ 40
day of ____________________, 2025, by a vote of _____ ayes and _____ nays. 41 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44
______________________________ _____________________________ 45
Adam Aasen, President Matthew Snyder, Vice-President 46 47 ______________________________ _____________________________ 48 Rich Taylor Anthony Green 49
50
______________________________ _____________________________ 51 Jeff Worrell Teresa Ayers 52 53 ______________________________ _____________________________ 54 Shannon Minnaar Ryan Locke 55
56 ______________________________ 57 Anita Joshi 58 59 ATTEST: 60
61 ______________________________ 62 Jacob Quinn, Clerk 63 64 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 65
66 _________________________ 2025, at _________ __.M. 67 68 69 ______________________________ 70
Jacob Quinn, Clerk 71 72 Approved by me, Mayor of the City of Carmel, Indiana, this _________ day of 73 74 ________________________ 2025, at _________ __.M. 75
76 77 ______________________________ 78 Sue Finkam, Mayor 79 ATTEST: 80
81 _____________________________ 82 Jacob Quinn, Clerk 83 84 Ordinance D-2756-25 85
Page Two of Two 86
Sponsor(s): Councilor Snyder and Councilor Taylor
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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 D-2757-25 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3
INDIANA AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF 4
FUNDS FROM PARKS AND RECREATION IMPACT FEE FUND (FUND #106) TO 5
LINE ITEM 4460715 - WHITE RIVER CORRIDOR. 6
Synopsis: This ordinance appropriates funds to cover costs related to the White River 7
Greenway North Extension Project. 8
9
WHEREAS, the Carmel/Clay Board of Parks and Recreation (“CCPR”) was awarded a 10
$4 million dollar Regional Economic Acceleration & Development Initiative (READI) grant (the 11
“Grant”) to design and construct an extension of the White River Greenway (the “Project”); and 12
WHEREAS, funds in the amount of Seven Hundred Eighty-Four Thousand Four Hundred 13
Twenty-Four Dollars and Ninety-Six Cents ($784,424.96) must be appropriated to pay for the 14
Project costs; and 15
WHEREAS, upon previously approved by Common Council Resolution CC-02-03-25-05 16
the Parks and Recreation Impact Fee Fund (Fund #106) has excess funds in the amount of Seven 17
Hundred Eighty-Four Thousand Four Hundred Twenty-Four Dollars and Ninety-Six Cents 18
($784,424.96). 19
20
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 21
Carmel, Indiana, that the following sum of money is hereby appropriated from the Parks and 22
Recreation Impact Fee Fund (#106) for the purposes specified herein, subject to applicable laws, 23
as follows: 24
25
$784,424.96 from the Parks and Recreation Impact Fee Fund (Fund #106) 26
27
To 28
29
Parks and Recreation Impact Fee Fund (Fund #106) Line Item 4460715-White River 30
Corridor 31
$784,424.96 32
33
This Ordinance shall be in full force and effect from and after the date of its passage and 34
signing by the Mayor. 35
Ordinance D-2757-25 36
Page One of Two 37
Sponsor(s): Councilor Snyder and Councilor Taylor
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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 38 __________________, 2025, by a vote of _____ ayes and _____ nays. 39
40 COMMON COUNCIL FOR THE CITY OF CARMEL 41 42 _______________________________ _______________________________ 43 Adam Aasen, President Matthew Snyder, Vice-President 44
45
_______________________________ _______________________________ 46 Rich Taylor Anthony Green 47 48 _______________________________ _______________________________ 49
Jeff Worrell Teresa Ayers 50
51 _______________________________ _______________________________ 52 Shannon Minnaar Ryan Locke 53 54 _______________________________ 55
Anita Joshi 56 57 ATTEST: 58 59 _______________________________ 60
Jacob Quinn, Clerk 61 62 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 63 _________________,2025, at ________ __.M. 64 65
_______________________________ 66 Jacob Quinn, Clerk 67 68 Approved by me, Mayor of the City of Carmel, Indiana this __________ day of 69 _________________,2025, at ________ __.M. 70
71 _______________________________ 72 Sue Finkam, Mayor 73 74 ATTEST: 75
76 ______________________________ 77 Jacob Quinn, Clerk 78 79 Ordinance D-2757-25 80
Page Two of Two 81
Sponsor(s): Councilor Taylor, Councilor Snyder, Councilor Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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 D-2758-25 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 2
INDIANA AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF 3
FUNDS FROM THE FIRE DEPARTMENT BUDGET (#1120) TO LINE ITEM 4112002-4
UNSCHEDULED OVERTIME. 5
Synopsis: This ordinance appropriates funds to support the operation of an additional fifth 6
ambulance for the Carmel Fire Department, utilizing existing personnel at Fire Station 342, 7
located at 3610 West 106th Street. This station serves the southwest side of Carmel. 8
9
WHEREAS, funds in the amount Eight-Hundred Thousand Dollars ($800,000) are needed 10
to pay overtime to existing personnel to operate an additional ambulance at Fire Station 342; and 11
WHEREAS, the General Fund #101 has excess funds in the amount of Eight-Hundred 12
Thousand Dollars ($800,000) to appropriate to Fire Department Budget #1120 Line Item 4112002-13
Unscheduled Overtime. 14
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 15
Carmel, Indiana, that the following sum of money is hereby appropriated from the Fire Department 16
Budget #1120 for the purposes specified herein, subject to applicable laws, as follows: 17
18
19
$800,000 from the General Fund (#101) 20
21
To 22
23
Fire Department Budget #1120: Line Item 4112002-Unscheduled Overtime 24
$800,000 25
26
This ordinance shall be in full force and effect from and after the date of its passage and signing 27
by the Mayor. 28
29
30
31
32
33
Ordinance D-2758-25 34 Page One of Two 35
Sponsor(s): Councilor Taylor, Councilor Snyder, Councilor Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 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 36 ___________________, 2025, by a vote of _____ ayes and _____ nays. 37
38 COMMON COUNCIL FOR THE CITY OF CARMEL 39 40 ______________________________ ______________________________ 41 Adam Aasen, President Matthew Snyder, Vice-President 42
43
______________________________ ______________________________ 44 Rich Taylor Anthony Green 45 46 ______________________________ ______________________________ 47
Jeff Worrell Teresa Ayers 48
49 ______________________________ ______________________________ 50 Shannon Minnaar Ryan Locke 51 52 ______________________________ 53
Anita Joshi 54 55 ATTEST: 56 57 ______________________________ 58
Jacob Quinn, Clerk 59 60 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 61 ____________________,2025, at _________ __.M. 62 63
64 ______________________________ 65 Jacob Quinn, Clerk 66 67 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 68
_______________________, 2025, at _______ __.M. 69 70 71 ______________________________ 72 Sue Finkam, Mayor 73
ATTEST: 74 75 76 ______________________________ 77 Jacob Quinn, Clerk 78
79 Ordinance D-2758-25 80
Page Two of Two 81
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
ORDINANCE D-2759-25 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 5, ARTICLE 1, SECTIONS 5-3 AND 5-4 OF THE CARMEL 4 CITY CODE 5 6 Synopsis: Ordinance amends certain sections of the Carmel City Code related to park and 7
recreation facilities’ operation rules. 8 9 WHEREAS, pursuant to Indiana Code § 36-4-6-18, the Carmel Common Council, as a legislative 10 body of the City of Carmel, Indiana (the “City”) may pass ordinances, orders, resolutions, and motions for 11 the government of the City, the control of the city's property and finances, and the appropriation of money; 12
and 13 WHEREAS, the Common Council has previously established rules for the City's park and 14 recreation facilities, outlined in Carmel City Code Section 5-3 (the “Park Operation Rules”); and 15 16 WHEREAS, the Carmel-Clay Board of Parks and Recreation (the "Park Board") is a political 17 subdivision established by the "Interlocal Cooperation Agreement" signed on July 30, 2002, and effective 18
January 1, 2003, to administer the Carmel-Clay Department of Parks and Recreation and park and recreation 19 facilities; and 20 21 WHEREAS, Indiana Code Sections 36-10-3-10(a)(2) and 36-10-7.5-6(2), and Section 4.1(b) of the 22 Interlocal Cooperation Agreement authorize the Park Board to periodically review and revise Park 23
Operation Rules to ensure appropriate and safe public use of park and recreation facilities; and 24 25 WHEREAS, on or about December 10th, 2024, the Park Board has revised the Park Operation 26 Rules, and requested that the Common Council amend and restate Carmel City Code Section 5-3 to conform 27 the City Code with the Board’s revisions; 28
29 WHEREAS, the Common Council supports these revisions to the Park Operation Rules as they 30 serve the best interests of Carmel residents. 31 32 NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City 33
of Carmel, Indiana, as follows: 34 35 Section 1. The foregoing Recitals are incorporated herein by this reference. 36 37 Section 2. Statutory reference for Chapter 5, Article 1 of the Carmel City Code is hereby amended 38
and shall read as follows: 39 40 Parks in certain cities; authorization of third second class cities to adopt by prior ordinance, see I.C., 41 36-10-4-1 through 36-10-4-40 42 43
Section 3. Section 5-3 of the Carmel City Code is hereby amended and shall read as follows: 44 45 46 Ordinance D-2759-25 47 Page One of Nine Pages 48
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
Ҥ 5-3 Rules of Park Operations. 49 50
(a) All applicable state, federal, and local laws, including but not limited to, laws governing 51
vandalism, nuisance, litter, animal/pet control, alcohol and drugs, will be enforced. 52 (b) The following rules are provided to supplement the laws and ensure a safe and nurturing 53 experience while visiting the Carmel Clay Parks and Recreation system. When used in the 54 rules, the word “Department” refers to the Carmel -Clay Department of Parks &and 55
Recreation Department. 56
57 (1) Park hours. 58 (a) Except in emergency or unsafe conditions, the parks shall be open one half 59 hour beforeat sunrise and close one half hour afterat sunset. 60
(b) Visiting a park when it is closed is strictly prohibited, with the following 61
exceptions: 62 i. Using Department facilities located within a park during the facility’s 63 designated hours of operation. 64 ii. whenAttending an activity or event is scheduled or approved by the 65 Department. 66
iii. Traveling on an alternative transportation route as designated by the City 67 or Department. 68 iv. Visiting a park located within any Designated Outdoor Refreshment Area 69 during times of operation as specified within the applicable Designated 70 Outdoor Refreshment Area ordinance. 71
72 (2) Use of alcohol. Containers of alcohol or beverages containing alcohol are strictly 73 prohibited in parks and greenways with the following exceptions:, on or along 74 the Monon Greenway for any reason, except for 75 (a) Any park or section of a the Monon Ggreenway sections that pass through 76
located within any Designated Outdoor Refreshment Areas, and any 77 alcohol consumption in such sections is subject to the applicable 78 Designated Outdoor Refreshment Area ordinance. 79 (b) For an activity or event scheduled or approved by the Department by 80 vendor(s) who are required to have liquor liability insurance and all 81
applicable permits and licenses required to conduct business and serve 82 alcohol. 83 84 (3) Use of glass containers. Glass containers are strictly prohibited within parks. 85 86
(4) Use of fire. 87 (a) A person may kindle, build, stoke, light, maintain or use a fire within 88 any park, provided that the fire: 89 90 91
92 93 Ordinance D-2759-25 94 Page Two of Nine Pages 95 96
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(a) i. Is contained in a fireplace or pedestal grill provided by the 97 Department. or other non combustible container with sides and a 98
bottom provided by park users. Any fire must be constructed of 99
safe, appropriate, ordinary, natural and untreated materials., Any 100 fire outside of a building must be a minimum of six feet away from 101 any building, facility or combustible vegetation and continuously 102 monitored and cared for from kindling to complete extinguishment 103
by a competent person; or 104
(b) ii. Is in strict compliance with a specific permit issued by the 105 Department. (Such as a campfire, prairie burn or bonfire for a 106 specific group event.) 107 (b) In the event of an emergency, the Department may prohibit the use of 108
fire within any park. 109
110 (45) Dealing with trash. 111 (a) It is strictly prohibited for any person to toss, drop, throw away, deposit, 112 or otherwise discard ashes, coals, used matches, or smoking materials upon the 113 ground, in waters or in trash containers within any park. All such matter shall be 114
contained in a fireplace or other appropriate container designated for the deposit of 115 such. 116 (b) It is strictly prohibited for any person to bring litter (as that term is defined 117 by the I.C., Title 14 entitled “Natural and Cultural Resources,” as amended from time 118 to time) into a park and to deposit the litter within the park or in a park trash container, 119
except for garbage defined as paper goods, food wrappers, or food and beverage 120 containers used in the park, in accord with the rules hereof. 121 (6) Scattering cremated human remains. A permit issued by the Department is 122 required to scatter Cremated Human Remains (“cremains”) within a park subject 123 to the following: 124
(a) Only human cremains may be scattered. The scattering of other remains 125 is strictly prohibited. 126 (b) Ashes must be fully refined with no detectible remains and shall not be 127 distinguishable to the general public. 128 (c) Scattering must result in the complete dispersal of ashes. Cremains may 129
not be piled in one located or buried. 130 (d) No rocks, vegetation or other natural resources shall be moved, stacked, 131 cut or disturbed in any way. 132 (e) No monument, memorial, plaque, structure, urn, photo or other 133 commemorative item may be left at the site of disposal or anywhere 134
within the park. 135 (f) It is strictly prohibited to bring and/or leave any potted plants or dried 136 flower arrangements, or any plant with seeds which may introduce non-137 native or invasive species to the natural environment. It is also strictly 138 prohibited to plant any flower, tree, shrub or other vegetation in the park. 139
(g) The dispersal of cremains shall be performed in a discrete manner. Access 140 to the park and dispersal location shall remain open to the public and shall 141 not interfere with normal visitor activity in any manner. 142 Ordinance D-2759-25 143 Page Three of Nine Pages 144
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(h) The area of dispersal of any cremains shall not be treated as sacred or as 145 a burial ground or cemetery. Park use, operation, programming, and 146
development shall continue without regard to the presence of the 147
cremains. 148 149 (57) Dealing with animals. 150 (a) It is strictly prohibited for any person within a park to kill, wound, hunt, 151
trap, shoot, throw rocks or missiles at, chase, molest, provoke or remove 152
any feral mammal, reptile, amphibian or bird, or to remove the young 153 of any such mammal or the eggs or young of any such reptile, 154 amphibian, or bird, or to knowingly buy, receive, have in his 155 possession, sell or give away any such mammal, reptile, amphibian, 156
bird, or egg so killed or taken within any park. This does not prohibit 157
the harvesting for personal use of appropriate amounts of fish by fishing 158 methods which are continuously attended and monitored and do not 159 exceed the State of Indiana regulated amounts. 160 (b) It is strictly prohibited for any person to bring into or possess within 161 any park a pet or other domesticated animal, unless the pet or other 162
domesticated animal is either: 163 i. Continuously restrained by a firmly held or attached non-164 retractable leash that is of sufficient length, but not longer than six 165 feet; or 166 ii. Secured in a fully enclosed confinement container; or 167
iii. Within a specifically designated and posted “Pet Exercise Area” 168 or “Dog Park” in compliance with any posted rules at such site; 169 or 170 iv. Not designated by an ordinance of the City or Board of 171 Commissioners of Hamilton County, Indiana, as a dangerous 172
animal. 173 (c) Equines are strictly prohibited in any park or greenway unless used by 174 a law enforcement officer while performing official duties. 175 (cd) It is strictly prohibited for any person within any park to fail to pick up 176 and properly dispose of the waste of their pet either in an appropriate litter 177
container in the park or elsewhere. Pet owners must have and use a 178 container or device for the holding of their pet’s waste while they are in 179 a park, on a trail or a gGreenway. 180 (de) It is strictly prohibited for any person to bring or possess any pet or other 181 animal inside any park building or other park site that is specifically 182
designated and posted as a “No Pets” area. This does not prohibit a 183 disabled person from using an animal specifically trained to assist that 184 person anywhere within a park. an individual with a disability from being 185 accompanied by a service animal that has been individually trained to do 186 work or perform tasks for the individual in accordance with the 187
Americans with Disabilities Act. 188 189 190 Ordinance D-2759-25 191 Page Four of Nine Pages 192
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(ef) It is strictly prohibited for any person knowingly to cause or direct the 193 abandonment or unlimited release in any park of any animal except in 194
accord with a specific permit issued by the Department. 195
196 (68) Dealing with vegetation and natural material. 197 (a) It is strictly prohibited for any person to harvest, collect, dig up, cut, trim, 198 break, set fire to, disturb, or otherwise damage any vegetation or tree 199
within any park. It is permissible to harvest ripe fruit, nuts, or mushrooms 200
in amounts appropriate for immediate consumption or use by the person 201 or histhe person’s family, except in areas specifically designated and 202 posted as “No Harvest” areas. 203 (b) It is strictly prohibited for any person knowingly to plant, deposit, 204
cultivate, or place within any park any vegetation or seed thereof, 205
except in accord with a specific permit issued by the Department. 206 (c) It is strictly prohibited for any person to displace, excavate, carry away, 207 otherwise remove or modify the arrangement of any soil, sand, gravel, 208 stone, rock, asphalt, or other ground surface material within any park, 209 except in accord with a specific permit issued by the Department. 210
211 (79) Dealing with solicitation and commercial activities. 212 (a) It is strictly prohibited for any person within any park to sell, advertise or 213 promote publicly any services, good or materials, including commercial 214 products, except in accord with a specific permit or agreement issued by 215
the Department and in compliance with all applicable local and state laws 216 and Department policies. 217 (b) It is strictly prohibited for any person within a park to photograph for 218 promotion or sale any commercial product or commercial event, except 219 in accord with a specific permit issued by the Department. 220
(c) It is strictly prohibited for any person or entity to use any park for the 221 purpose of generating revenue without a specific permit or agreement 222 issued by the Department and in compliance with local and state laws and 223 Department policies. 224 225
(10) Dealing with specific activities. 226 (a) It is strictly prohibited for any person within any park to engage in hang 227 gliding, rappelling from towers, or any use of the trees, towers or other 228 structures for technical climbing activities or the placement of swings, 229 tires, etc. 230
(db) It is strictly prohibited for any person within any park to pitch or 231 maintain a tent or other improvised shelter for the purpose of overnight 232 camping, except in accord with a permit issued by the Department. 233 (ec) It is strictly prohibited for any person within any park to swim in any 234 lakes, or ponds or rivers within the jurisdiction of the Departmentany 235
park. Unless posted as a “No Swimming” area, swimming or wading is 236 permitted in creeks and rivers at your own risk. 237 238 Ordinance D-2759-25 239 Page Five of Nine Pages 240
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(d) It is strictly prohibited for any person to ice skate or ice fish on any lake 241 or pond within a park, except in accord with a specific permit issued by 242
the Department. 243
(e) It is strictly prohibited for any person to use a motorized boat or watercraft 244 in any lake, pond or creek located within any park except Department 245 personnel or authorized contractors for the purpose of maintaining the 246 body of water. 247
(f) Unless entering from a designated launch site, it is strictly prohibited for 248
any person to use a non-motorized boat, canoe, kayak, paddle board, or 249 similar watercraft in any lake, pond or creek within any park except for 250 an activity of event planned or approved by the Department. 251 (fg) It is strictly prohibited for any person within any park to use or erect such 252
equipment as booths, air-filled devices, and tethered items such as hot-air 253
balloons, except in accord with a specific permit issued by the 254 Department. 255 (gh) It is strictly prohibited for any person within any park to erect any sign, 256 poster or banner, except in accord with a specific permit issued by the 257 Department. 258
(i) Except as specifically allowed under applicable federal, state or City law 259 and/or in accord with a permit issued by the Department, the use or 260 discharge of any firearm, projectile or other explosive device, including 261 fireworks, is strictly prohibited in any park. 262 (j) Except as otherwise specifically authorized in writing by the appropriate 263
entity, no adjoining property owner, occupant, manager, or person in 264 actual control of real property adjoining property owned or managed by 265 the Department may encroach upon park property. 266 (811) Use of vehicles and bicycles. 267 (a) It shall be strictly prohibited for any person within any park or greenway 268
to operate a motorized vehicle as defined in Carmel City Code §6-63, 269 including but not limited to a golf cart, snowmobile, ORV (Off-Road 270 Vehicle), ATV (All All-Terrain Vehicle), minibike, moped, motorized 271 scooter or motorcycle off-road or ride a horse off-road except in those 272 areas specifically designed and/or designated for such use. 273
(b) It is strictly prohibited for any person within any park to operate any 274 vehicle within a park boundary at a speed in excess of twenty (20) miles 275 per hour. 276 (c) Bicycles shall not exceed the lesser of fifteen (15) miles per hour or the 277 posted speed limit on all trails within any park or greenway. Racing 278
activity is strictly prohibited upon any trail designed for bicycle and 279 pedestrian use. In-line skaters, skateboarders, and bicycles shall yield to 280 pedestrians. Bicycles shall yield to all trail users. 281 (d) No person shall operate a bicycle or vehicle, whether motorized or 282 propelled by human power, within any park or greenway in a reckless 283
manner that could reasonably endanger or cause injury to another person 284 or animal. 285 286 Ordinance D-2759-25 287 Page Six of Nine Pages 288
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(e) No person shall cause or permit any vehicle under histhe person’s control 289 to obstruct traffic or access to gates or to enter or leave a park except at 290
established entrances or exits. All vehicles shall be operated on roadways 291
specifically designated for vehicular traffic. 292 (9) Parking. 293 (af) It is strictly prohibited for any person within any park to park a vehicle 294 in an area other than a designated parking area. No person shall park a 295
vehicle in an area designated as “Unloading Only” and leave the same 296
unattended for a period exceeding ten (10) minutes. No person shall leave 297 a vehicle overnight in a parking area, except in accord with a specific 298 permit issued by the Department. No one shall park in a parking space 299 designated for the physically challenged without a handicapped permit 300
from the City of Indiana BMV.a person with disabilities without a 301
disability parking placard or license plate from the Indiana Bureau of 302 Motor Vehicles. 303 (g) Nothing within this section should be construed to prohibit personal 304 assistive mobility devices as defined by Indiana Code within parks or 305 greenways. Such devices may be used in compliance with the Americans 306
with Disabilities Act and all applicable federal, state, and City laws. 307 308 (12) Use of drones. The use of unmanned aerial vehicles, also referred to as drones, 309 are permitted only in open areas of parks with the following conditions: 310 (a) It is strictly prohibited to fly a drone over an aquatic center, dog park, 311
greenway, playground, or splash pad without a permit issued by the 312 Department. 313 (b) It is strictly prohibited to use a drone to harass an animal or person. 314 (c) Drone operators must comply with all applicable federal, state, and City 315 laws and regulations including Carmel City Code Section 6-69. 316
317 (13) Use of park facilities. 318 (ba) It is strictly prohibited for any person within any park to use or occupy 319 any park shelter or facility while posted as “reserved” for asome specific 320 organized function or group of persons. Such reservations may be subject 321
to a fee established by the Park Board. 322 (cb) It is strictly prohibited for any person within any park to enter any park 323 area or facility without payment if the Park Board or Department has 324 established a fee for entrance, except those employees or guests granted 325 permission by the Department. 326
327 (1014) Smoking in enclosed buildings and use of tobacco products. There shall be 328 no smoking in any enclosed building within any park facility. The use and sale 329 of tobacco products, including but not limited to smoking and vaping, is strictly 330 prohibited in all parks. 331
332 333 334 Ordinance D-2759-25 335 Page Seven of Nine Pages 336
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(15) No abusive or lewd conduct. No unlawful, threatening, abusive, profane, lewd 337 or indecent language, gesture or conduct shall be permitted in or in the vicinity 338
of any park property, nor shall any person who is lawfully at any such place be 339
so annoyed or unlawfully touched. 340 341 (1116) Police and enforcement. 342 (a) It is strictly prohibited for any person within any park to disobey an order 343
or interfere with the duty of a law enforcement officer or any park 344
employee once they have identified themselves. 345 (b) It is strictly prohibited for any person within any park to disobey or 346 disregard these Rules of Park Operations or any notices, prohibitions, 347 instructions, or directions posted on any park sign. This includes, but is 348
not limited to, the rules and regulations for shelters, pavilions, “No Pet” 349
areas and “Pet Exercise” areas, playground areas or recreation areas. 350 (c) Any person who violates any provision of these Rules of Park Operations 351 shall be guilty of an infraction punishable by a fine not exceeding $100 352 for a first violation; not exceeding $250 for a second violation within one 353 (1) year; and not exceeding $500 for each additional violation within one 354
(1) year. Fines under these Rules of Park Operations shall not apply if the 355 prohibited conduct is the subject of a criminal proceeding under any 356 applicable state or federal law or is the basis for revocation of any 357 conditions of parole or probation. 358 359
Section 4. Section 5-4 of the Carmel City Code is hereby amended and shall read as follows: 360 361 Ҥ 5-4 Collection of Carmel/-Clay Department of Parks and Recreation User Fees. 362 (a) The Carmel/-Clay Board of Parks and Recreation may, as permitted by law, establish user fees 363 for its programs and services provided. 364
(b) The Carmel/-Clay Department of Parks and Recreation (“Parks Department”) may submit its 365 delinquent user fee accounts and any unpaid fines levied to the City of Carmel Office of 366 Corporation Counsel (“Corporation Counsel”) for collection. to the Carmel City Attorney for 367 collection. Submission of same for collection shall entitle the Parks Department to recover the 368 amount of the delinquent user fees or fines plus reasonable attorney’s fees, court costs and any 369
other expenses incurred by the Parks Department and/or the Corporation Counsel in the 370 collection process. the City Attorney in the collection process. An action to recover delinquent 371 user fees or unpaid fines may be filed in any court of competent jurisdiction. 372 (c) All monies recovered pursuant to this section shall be first used to reimburse any collection 373 costs and expenses incurred by Corporation Counsel the City Attorney, and the remainder may 374
be used by the Parks Department for any lawful purpose. 375 376 377 378 379 Signature page to follow 380 381 382 Ordinance D-2759-25 383 Page Eight of Nine Pages 384
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.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 ________, 2025, 385 by a vote of _____ ayes and _____ nays. 386
387 COMMON COUNCIL FOR THE CITY OF CARMEL 388 389 390 ___________________________________ ____________________________________ 391
Adam Aasen, President Matthew Snyder, Vice-President 392
393 394 ___________________________________ ____________________________________ 395 Jeff Worrell Teresa Ayers 396
397
398 ___________________________________ ____________________________________ 399 Shannon Minnaar Anita Joshi 400 401 402
___________________________________ ___________________________________ 403 Ryan Locke Anthony Green 404 405 406 ___________________________________ 407
Rich Taylor 408 409 ATTEST: 410 411 __________________________________ 412
Jacob Quinn, Clerk 413 414 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 415 _________________________ 2025, at _______ __.M. 416 417
____________________________________ 418 Jacob Quinn, Clerk 419 420 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 421 ________________________ 2025, at _______ __.M. 422
423 ____________________________________ 424 Sue Finkam, Mayor 425 ATTEST: 426 ___________________________________ 427
Jacob Quinn, Clerk 428 429 Ordinance D-2759-25 430 Page Nine of Nine Pages 431
SPONSOR(S): Councilor(s) Aasen and Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 3:30 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE NO. D-2760-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 8, ARTICLE 5, SECTION 8-47 OF THE CARMEL CITY CODE 4 5 Synopsis: Ordinance amending the regulation of parking on Randall Drive 6 7 WHEREAS, the City, pursuant to Indiana Code § 9-21-1-3, within the reasonable exercise of its police 8 power, may by ordinance regulate vehicular parking; 9 10 WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such 11 regulations being codified, in part, in City Code Section 8-47(a); and 12 13 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interest 14 of public safety and welfare to further regulate parking on certain portions of Randall Drive. 15 16 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 17 as follows: 18 19 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 20
21 Section 2. The following subsection of Carmel City Code Section 8-47 is hereby amended and shall 22 read as follows: 23 24 Ҥ 8-47 No Parking Areas. 25
26 (a) No person shall park a vehicle at any time in the following locations: 27 . . . 28 (69) On the east side Randall Drive, south from a point 455 feet southeast of its intersection with 29 Hannah Court for a distance of 716 feet.” 30
31 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 32 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 33 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 34 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 35
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 36 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 37 38 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 39 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 40
so long as enforcement of same can be given the same effect. 41
42 Section 5. The remaining portions of Carmel City Code Section 8-47 are not affected by this 43 Ordinance upon its passage. 44 45
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 46 and signing by the Mayor and such publication as required by law. 47 48 Ordinance D-2760-25 49
Page One of Two Pages 50 51
SPONSOR(S): Councilor(s) Aasen and Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 3:30 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this____________ 52 day of ____________________, 2025, by a vote of _____ ayes and _____ nays. 53 54 COMMON COUNCIL FOR THE CITY OF CARMEL 55
56
______________________________ _____________________________ 57 Adam Aasen, President Matthew Snyder, Vice-President 58 59 ______________________________ _____________________________ 60
Rich Taylor Anthony Green 61
62 ______________________________ _____________________________ 63 Jeff Worrell Teresa Ayers 64 65
______________________________ _____________________________ 66
Shannon Minnaar Ryan Locke 67 68 ______________________________ 69 Anita Joshi 70
71
ATTEST: 72 73 74 ______________________________ 75
Jacob Quinn, Clerk 76
77 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 78 79 _________________________ 2025, at _________ __.M. 80
81
82 ______________________________ 83 Jacob Quinn, Clerk 84 85
Approved by me, Mayor of the City of Carmel, Indiana, this _________ day of 86
87 ________________________ 2025, at _________ __.M. 88 89 90
______________________________ 91
Sue Finkam, Mayor 92 ATTEST: 93 94 95
_____________________________ 96
Jacob Quinn, Clerk 97 98 99 Ordinance D-2760-25 100
Page Two of Two Pages 101
SPONSOR: Councilor Aasen
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE NO. D-2762-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 8, ARTICLE 5, SECTIONS 8-37, 8-47, AND 8-48 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance establishing 15-minute parking space(s) at the beginning of each block 7 along Main Street from Knoll Ct to 1st Ave SE, regulating parking on Range Line from Main Street to 8 1st Street, and removing inconsistencies and duplications of code. 9 10 WHEREAS, the City, pursuant to Indiana Code § 9-21-1-3, within the reasonable exercise of its police 11 power, may by ordinance regulate vehicular parking; 12 13 WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such 14 regulation being codified, in part, under Carmel City Code §§ 8-37, 8-47, and 8-48; and 15
16 WHEREAS, the Common Council of the City now finds that it is in the interests of public safety and 17 welfare to amend the regulation of parking of motor vehicles on City streets. 18 19 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 20
as follows: 21 22 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 23 24 Section 2. The following subsections of Carmel City Code Section 8-37(a) are hereby amended and 25
added, and shall read as follows: 26 27 Ҥ 8-37 Fifteen-Minute Loading Zones. 28 29 (a) Fifteen-minute loading/unloading zones are established at the following locations: 30
. . . 31 (2) The first parking space on the south side of Main Street east of Veterans Way. 32 33 (3) Reserved for future use. 34 . . . 35
(5) Reserved for future use. 36 . . . 37 (13) The first two spaces on the north side of Main Street west of 1st Avenue NW. 38 . . . 39 (16) Reserved for future use.” 40
41
42 43 44 [the remainder of this page is left intentionally blank] 45
46
47 48 Ordinance D-2762-25 49 Page One of Four Pages 50
SPONSOR: Councilor Aasen
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
Section 3. The following subsection of Carmel City Code Section 8-47 is hereby added and shall read 51 as follows: 52 53 Ҥ 8-47 No Parking Areas. 54
55
(a) No person shall park a vehicle at any time in the following locations: 56 . . . 57 (77) On either side of Range Line Road from Main Street to the East-West alley between Main 58 Street and 1st Street NW.” 59
60
Section 4. The following subsections of Carmel City Code Section 8-48 are hereby amended and shall 61 read as follows: 62 63 Ҥ 8-48 Limited Parking Areas. 64
(c) Three-hour parking zones between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday 65
only, are established on the following City streets: 66 67 (1) The second space on the south side of Main Street west of 1st Ave SE. 68 . . . 69
(4) The first nine parking spaces on the north side of Main Street east of 3rd Ave NW. 70
(5) The first six parking spaces on the south side of Main Street west of the Monon Trail. 71 (6) The first seven parking spaces on the north side of Main Street east of the Monon Trail. 72 (7) The first six parking spaces on the south side of Main Street west of Veterans Way. 73 (8) The first four parking spaces on the south side of Main Street west of Range Line Road. 74
. . . 75
(44) Reserved for future use. 76 (45) Reserved for future use. 77 (46) Reserved for future use. 78 (47) Reserved for future use. 79
(48) The first 6 spaces on the north side of Main Street east of 1st Avenue NW. 80
(49) Reserved for future use. 81 (50) Reserved for future use. 82 . . . 83 (f) No vehicle shall be parked: 84
. . . 85
(3) On either side of Range Line Road from the East-West alley between Main Street and 1st 86 Street NW to Smoky Row for more than two hours between 6:00 a.m. EST and 5:00 p.m. EST, 87 Monday through Saturday only, excepting for any vehicle which properly displays a valid 88 Merchant Sticker issued pursuant to subsection (f)(3); 89
. . . 90
(o) A two-hour parking zone between the hours of 6:00 a.m. and 5:00 p.m., Monday through 91 Saturday only, is established on the north side of Main Street from a point 221 feet east of the 92 intersection of Main Street and Range Line Road to a point 1060 feet east of the intersection of Main 93 Street and Range Line Road.” 94
95
96 97 98 Ordinance D-2762-25 99
Page Two of Four Pages 100
SPONSOR: Councilor Aasen
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
Section 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 101 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 102 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 103 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 104
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 105
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 106 107 Section 6. If any portion of this Ordinance is for any reason declared to be invalid by a court of 108 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 109
so long as enforcement of same can be given the same effect. 110
111 Section 7. The remaining portions of Carmel City Code Sections 8-37, 8-47, and 8-48 are not 112 affected by this Ordinance upon its passage. 113 114
Section 8. This Ordinance shall be in full force and effect from and after the date of its passage 115 and signing by the Mayor and such publication as required by law. 116 117 118
119
120 121 122 123
124
125 126 127
128
129 [the remainder of this page is left intentionally blank] 130 131 132
133 134 135 136 137
138 139 140 141 142 143 144 145 146 147 148
Ordinance D-2762-25 149 Page Three of Four Pages 150 151
SPONSOR: Councilor Aasen
This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this ________day of 152 _______________________, 2025, by a vote of _____ ayes and _____ nays. 153 154 COMMON COUNCIL FOR THE CITY OF CARMEL 155
156
______________________________ ______________________________ 157 Adam Aasen, President Matthew Snyder, Vice-President 158 159 ______________________________ ______________________________ 160
Rich Taylor Anthony Green 161
162 ______________________________ ______________________________ 163 Jeff Worrell Teresa Ayers 164 165
______________________________ ______________________________ 166
Shannon Minnaar Ryan Locke 167 168 ______________________________ 169 Anita Joshi 170
171
ATTEST: 172 173 174 ______________________________ 175
Jacob Quinn, Clerk 176
177 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 178 _________________________ 2025, at _________ __.M. 179 180
181
______________________________ 182 Jacob Quinn, Clerk 183 184 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 185
________________________ 2025, at _________ __.M. 186
187 188 ______________________________ 189 Sue Finkam, Mayor 190
191
ATTEST: 192 193 194 ______________________________ 195
Jacob Quinn, Clerk 196
197 198 199 Ordinance D-2762-25 200
Page Four of Four Pages 201
Sponsors: Councilors Aasen and Minnaar 1 2
RESOLUTION CC-02-03-25-01 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 LEGACY PROJECT ECONOMIC DEVELOPMENT AREA 7
(LEGACY II ALLOCATION AREA) 8
9 Synopsis: 10
This resolution approves (1) a resolution of the City of Carmel Redevelopment 11
Commission creating a new Legacy II Allocation Area within the Legacy Project Economic 12
Development Area, including an economic development plan supplement, and (2) a related City 13
of Carmel Plan Commission resolution. 14 15 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 16 Commission”), as the governing body for the City of Carmel Redevelopment Department, 17 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2024-03 on 18
March 20, 2024 (the “CRC Resolution”), which made certain amendments to the previously 19 declared Legacy Project Economic Development Area (the “Area”) and the Economic 20 Development Plan (the “Plan”) for the Area (such Plan amendments, the “Plan Supplement”); 21 and 22 23
WHEREAS, the City of Carmel Plan Commission, on April 16, 2024, approved and 24 adopted its Resolution No. PC-4-16-24-c (the “Plan Commission Order”) determining that the 25 CRC Resolution and Plan Supplement conform to the plan of development for the City of 26 Carmel, Indiana (the “City”), and approving the CRC Resolution and the Plan Supplement; and 27 28
WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 29 submitted the CRC Resolution, the Plan Supplement and the Plan Commission Order to the 30 Common Council of the City (the “Council”). 31 32 NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 33
Carmel, Indiana, as follows: 34 35 1. Pursuant to Section 16(b) of the Act, the Council determines that the CRC 36 Resolution and the Plan Supplement conform to the plan of development for the City, and 37 approves the CRC Resolution, the Plan Supplement and the Plan Commission Order. 38
39 2. This Resolution shall be in full force and effect from and after its passage by the 40 Council and approval by the Mayor as required by law. 41 42
2
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this _________ day 43 of ___________________, 2025, by a vote of ______ ayes and ____ nays. 44
45 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 46 47 ___________________________________ ____________________________________ 48 Adam Aasen, President Matthew Snyder, Vice President 49
50
___________________________________ ____________________________________ 51 Rich Taylor Anthony Green 52 53 ___________________________________ ____________________________________ 54
Jeff Worrell Teresa Ayers 55
56 ___________________________________ ___________________________________ 57 Shannon Minnaar Ryan Locke 58 59 ___________________________________ 60
Anita Joshi 61 62 ATTEST: 63 64 __________________________________ 65
Jacob Quinn, Clerk 66 67 Presented by me to the Mayor of the City of Carmel, Indiana this ________ day of 68 __________________, 2025, at _______ __.M. 69 70
____________________________________ 71 Jacob Quinn, Clerk 72 73 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 74 __________________, 2025, at _______ __.M. 75
76 ____________________________________ 77 Sue Finkam, Mayor 78 79 80 ATTEST: ________________________________ Jacob Quinn, Clerk
81
Prepared by: Bradley J. Bingham 82 Barnes & Thornburg LLP 83 11 South Meridian Street 84 Indianapolis, IN 46204 85
DMS 45968687.1 86
RESOLUTION NO. 2024-03
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
AMENDING THE DECLARATORY RESOLUTION AND THE
DEVELOPMENT PLAN FOR THE LEGACY PROJECT
ECONOMIC DEVELOPMENT AREA
WHEREAS, the City of Carmel Redevelopment Commission (the "Commission") pursuant
to IC 36-7-14 (the "Act") serves as the governing body of the City of Carmel Redevelopment
District (the "District"); and
WHEREAS, the Commission has previously adopted and confirmed resolutions
(collectively, the "Declaratory Resolution") which established and amended an economic
development area known as the "Legacy Economic Development Area" ( the "Economic
Development Area"), designated the entirety of such area as an allocation area pursuant to Section
39 of the Act known as the Legacy Allocation Area (the "Legacy Allocation Area"), and approved a
development plan for the Economic Development Area, which was subsequently amended to the
Integrated Economic Development Plan & Amended Redevelopment Plan previously adopted by the
Commission (collectively, the "Plan") pursuant to the Act; and
WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan to
(i) remove the area described on Exhibit A attached hereto from the Legacy Allocation Area, (ii)
designate the area described on Exhibit A attached hereto as a separate allocation area pursuant to
Section 39 of the Act to be known as the Legacy II Allocation Area (the "Legacy II Allocation
Area"), and (iii) adopt a supplement to the Plan attached hereto as Exhibit B (the "2024 Plan
Supplement") (such amendments, collectively, the "2024 Amendments"); and
WHEREAS, the 2024 Amendments and supporting data were reviewed and considered at
this meeting; and
WHEREAS, Section 39 of the Act has been created and amended to permit the creation and
expansion of "allocation areas" to provide for the allocation and distribution of property taxes for the
purposes and in the manner provided in said Section; and
WHEREAS, the Commission deems it advisable to apply the provisions of said Section 39 of
the Act to the 2024 Amendments; and
WHEREAS, the Commission now desires to approve the 2024 Amendments.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Carmel Redevelopment District, as follows:
1. The 2024 Amendments promote significant opportunities for the gainful employment
of the citizens of the City of Carmel, Indiana (the "City"), attraction of major new business
enterprises to the City, retention and expansion of significant business enterprises existing in the
boundaries of the City, and meets other purposes of Sections 2.5, 41 and 43 of the Act, including
without limitation benefiting public health, safety and welfare, increasing the economic well being of
the City and the State oflndiana (the "State"), and serving to protect and increase property values in
the City and the State.
2. The 2024 Plan Supplement for the Legacy II Allocation Area cannot be achieved by
regulatory processes or by the ordinary operation of private enterprise without resort to the powers
allowed under Sections 2.5, 41 and 43 of the Act because of lack oflocal public improvement,
existence of conditions that lower the value of the property below that of nearby property, and other
similar conditions.
3. The public health and welfare will be benefited by accomplishment of the 2024
Amendments.
4. It will be of public utility and benefit to amend the Declaratory Resolution and the
Plan for the Development Area as provided in the 2024 Amendments and to continue to develop the
Development Area, including the Legacy II Allocation Area, as contemplated under the Act.
5. The accomplishment of the 2024 Plan Supplement for the Legacy II Allocation Area
will be a public utility and benefit as measured by the attraction or retention of permanent jobs, an
increase in the property tax base, improved diversity of the economic base and other similar public
benefits.
6. The Declaratory Resolution and the Plan, as amended by this Resolution and the 2024
Plan Supplement, conform to the comprehensive plan of development for the City.
7. The 2024 Amendments are reasonable and appropriate when considered in relation to
the Declaratory Resolution and Plan and the purposes of the Act.
8. The findings and determinations set forth in the Declaratory Resolution and the Plan
are hereby reaffirmed.
9. In support of the findings and determinations set forth in Sections 1 through 7 above,
the Commission hereby adopts the specific findings set forth in the 2024 Plan Supplement.
10. The Commission does not at this time propose to acquire any specific parcel of land
or interests in land within the boundaries of the Legacy II Allocation Area. If at any time the
Commission proposes to acquire specific parcels ofland, the required procedures for amending the
Plan, as amended by the 2024 Plan Supplement, under the Act will be followed, including notice by
publication to affected property owners and a public hearing.
11. The Commission finds that no residents of the Development Area will be displaced
by any project resulting from the 2024 Plan Supplement, and therefore finds that it does not need to
give consideration to transitional and permanent provision for adequate housing for the residents.
12. The 2024 Amendments are hereby in all respects approved.
2
13. The area described in Exhibit A is hereby removed from the Merchants Square
Allocation Area, and is hereby designated as a separate "allocation area" pursuant to Section 39 of
the Act to be known as the "Legacy II Allocation Area," for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under LC. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made, or the base assessed
value, shall be allocated to and when collected paid into the funds of the respective
taxing units. Except as otherwise provided in said Section 39, property tax proceeds
in excess of those described in the previous sentence shall be allocated to the
redevelopment district and when collected paid into an allocation fund for the Legacy
II Allocation Area hereby designated as the "Legacy II Allocation Fund" and may be
used by the redevelopment district to do one or more of the things specified in
Section 39(b)(4) of the Act, as the same may be amended from time to time. Said
allocation fund may not be used for operating expenses of the Commission. Except
as otherwise provided in the Act, before June 15 of each year, the Commission shall
take the actions set forth in Section 39(b)(5) of the Act.
14. The foregoing allocation provision shall apply to the Legacy II Allocation Area. The
Commission hereby finds that the adoption of this allocation provision will result in new property
taxes in the Legacy II Allocation Area that would not have been generated but for the adoption of the
allocation provision, as specifically evidenced by the findings set forth in Exhibit B hereto. The base
assessment date for the Legacy II Allocation Area is January 1, 2024.
15. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto, and the allocation provisions herein relating to the Legacy II Allocation Area
shall expire on the date that is twenty-five (25) years after the date on which the first obligation is
incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment
revenues derived from the Legacy II Allocation Area.
16. This Resolution, together with any supporting data, shall be submitted to the City of
Carmel Plan Commission (the "Plan Commission") and the Common Council of the City (the
"Council") as provided in the Act, and if approved by the Plan Commission and the Council, shall be
submitted to a public hearing and remonstrance as provided by the Act, after public notice as
required by the Act.
17. The officers of the Commission are hereby authorized to make all filings necessary or
desirable to carry out the purposes and intent of this Resolution.
18. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto.
Adopted the 20th day of March, 2024.
3
CITY OF CARMEL REDE ELOPMENT
CO MISSION
Vice President
4
EXHIBIT A
Area to be removed from the Legacy Allocation Area and designated as the Legacy II
Allocation Area
The area depicted in the red-shaded portion of the map set forth below shows the
approximate location of the Legacy II Allocation Area. The area in the red-shaded portion of the
map is removed from the Legacy Allocation Area and is designated as the Legacy II Allocation
Area.
The parcel identification number( s) for the Legacy II Allocation Area will be determined and
provided to the Hamilton County Auditor's office before January 1, 2025.
-~ .M' .. ;J -:.,,,.' .. __ ,. -----------
A-1
EXHIBITB
2024 Plan Supplement
The Plan is hereby supplemented by adding the following projects to the Plan:
All or any portion of the necessary infrastructure and other local public improvements needed
for the design and construction of a mixed-use project consisting of multi-family units and for sale
units, office, retail, and/or related infrastructure improvements within the Legacy Economic
Development Area, all of which are located in, physically connected to, or directly serving and
benefiting the Legacy II Allocation Area.
Based on representations of the developer of the mixed use project in the Legacy Economic
Development Area, the Commission has determined that the full development of the Legacy
Economic Development Area (including Legacy II Allocation Area) will not proceed as planned
without the contribution of tax increment revenues to be derived from the Legacy II Allocation Area
to the projects described above, either directly or through the issuance of tax increment revenue
bonds. Tax increment revenues to be derived from the Legacy II Allocation Area may be used to
pay debt service on bonds issued to finance or refinance the infrastructure and other local public
improvements needed for the full development of the Legacy Economic Development Area in
accordance with the Plan.
DMS 42438066.1
B-1
Sponsors: Councilors Aasen and Minnaar 1 2
RESOLUTION CC-02-03-25-02 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 106TH AND ILLINOIS ECONOMIC DEVELOPMENT AREA 7
8 Synopsis: 9
This resolution approves (1) a resolution of the Carmel Redevelopment Commission 10
creating the 106th and Illinois Economic Development Area, designating the entirety thereof as 11
a new allocation area known as the 106th and Illinois Allocation Area, and adopting an 12
economic development plan for the 106th and Illinois Economic Development Area, and (2) a 13
related Carmel Plan Commission resolution. 14 15 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 16 Commission”), as the governing body for the City of Carmel Redevelopment Department, 17 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2024-02 on 18
March 20, 2024 (the “CRC Resolution”), which (i) created a new economic development area 19 known as the 106th and Illinois Economic Development Area (the “Area”), (ii) designated the 20 entirety of the Area as a new allocation area known as the 106th and Illinois Allocation Area (the 21 “Allocation Area”), and (iii) adopted an economic development plan for the Area (the “Plan”); 22 and 23
24 WHEREAS, the City of Carmel Plan Commission, on April 16, 2024, approved and 25 adopted its Resolution No. PC-4-16-24-b (the “Plan Commission Order”) determining that the 26 CRC Resolution and the Plan conform to the plan of development for the City of Carmel, 27 Indiana (the “City”), and approving the CRC Resolution and the Plan; and 28
29 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 30 submitted the CRC Resolution, the Plan and the Plan Commission Order to the Common Council 31 of the City. 32 33
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 34 Carmel, Indiana, as follows: 35 36 1. Pursuant to Section 16(b) of the Act, the Common Council of the City determines 37 that the CRC Resolution and the Plan conform to the plan of development for the City, and 38
approves the CRC Resolution, the Plan and the Plan Commission Order. 39 40 2. Pursuant to Section 41(c) of the Act, the Common Council hereby approves the 41 determination that the Area is an economic development area pursuant to the Act. 42 43
3. This Resolution shall be in full force and effect from and after its passage by the 44 Council and approval by the Mayor as required by law. 45 46
2
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this _________ day 47 of ___________________, 2025, by a vote of ______ ayes and ____ nays. 48
49 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 50 51 ___________________________________ ____________________________________ 52 Adam Aasen, President Matthew Snyder, Vice President 53
54
___________________________________ ____________________________________ 55 Rich Taylor Anthony Green 56 57 ___________________________________ ____________________________________ 58
Jeff Worrell Teresa Ayers 59
60 ___________________________________ ___________________________________ 61 Shannon Minnaar Ryan Locke 62 63 ___________________________________ 64
Anita Joshi 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 __________________, 2025, at _______ __.M. 73 74
____________________________________ 75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 78 __________________, 2025, at _______ __.M. 79
80 ____________________________________ 81 Sue Finkam, Mayor 82 83 84 ATTEST: ________________________________ Jacob Quinn, Clerk
85
Prepared by: Bradley J. Bingham 86 Barnes & Thornburg LLP 87 11 South Meridian Street 88 Indianapolis, IN 46204 89
DMS 45968852.1 90
RESOLUTION NO. 2024-02
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
DECLARING AN AREA IN THE CITY OF CARMEL, INDIANA, AS AN ECONOMIC
DEVELOPMENT AREA AND APPROVING AN ECONOMIC DEVELOPMENT PLAN
FOR SAID AREA
WHEREAS, the Carmel Redevelopment Commission (the "Commission"), as the
governing body of the City of Carmel Redevelopment District (the "District"), pursuant to Indiana
Code 36-7-14, as amended (the "Act"), has thoroughly studied that area of the City of Carmel,
Indiana (the "City"), as described on Exhibit A attached hereto and hereby designated as the "106th
and Illinois Economic Development Area" (the "Economic Development Area"); and
WHEREAS, the Commission has caused to be prepared maps and plats showing the
boundaries of the Economic Development Area, the location of various parcels of property, streets,
alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning,
economic development or redevelopment of the Economic Development Area, and the parts of the
Economic Development Area that are to be devoted to public ways, sewerage and other public
purposes under the Plan (as defined below); and
WHEREAS, the Commission has caused to be prepared estimates of the costs of the
economic development projects as set forth in the Plan; and
WHEREAS, there has been presented to this meeting for consideration and approval of the
Commission an economic development plan for the Economic Development Area entitled
"Economic Development Plan for the 106th and Illinois Economic Development Area" ( the
"Plan"); and
WHEREAS, the Plan and supporting data were reviewed and considered by the
Commission at this meeting; and
WHEREAS, Section 39 of the Act permits the creation of "allocation areas" to provide for
the allocation and distribution of property taxes for the purposes and in the manner provided in
said section; and
WHEREAS, Sections 41 and 43 of the Act permit the creation of"Economic Development
Areas" and provide that all of the rights, powers, privileges and immunities that may be exercised
by this Commission in an area needing redevelopment or urban renewal area may be exercised in
an economic development area, subject to the conditions set forth in the Act; and
WHEREAS, the Commission deems it advisable to apply the provisions of said Sections
39, 41, and 43 of the Act to the Plan and financing of the Plan.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, as the governing body of the City of Carmel Redevelopment District, as follows:
1. The Plan for the Economic Development Area promotes significant opportunities
for the gainful employment of the citizens of the City, will assist in attracting major new business
enterprises to the City, may result in the retention or expansion of significant business enterprises
existing in the City, and meets other purposes of Sections 2.5, 41 and 43 of the Act, including
without limitation benefiting the public health, safety and welfare, increasing the economic well-
being of the City and the State of Indiana (the "State"), and serving to protect and increase property
values in the City and the State.
2. The Plan for the Economic Development Area cannot be achieved by regulatory
processes or by the ordinary operation of private enterprise without resort to the powers allowed
under Sections 2.5, 41 and 43 of the Act because oflack oflocal public improvements, existence
of improvements or conditions that lower the value of the land below that of nearby land, or other
similar conditions, including without limitation the cost of the projects contemplated by the Plan
and the necessity for requiring the proper use of land so as to best serve the interests of the City
and its citizens.
3. The public health and welfare will be benefited by accomplishment of the Plan for
the Economic Development Area.
4. The accomplishment of the Plan for the Economic Development Area will be a
public utility and benefit as measured by the attraction or retention of permanent jobs, an increase
in the property tax base, improved diversity of the economic base and other similar public benefits.
5. The Plan for the Economic Development Area conforms to other development and
redevelopment plans for the City.
6. In support of the findings and determinations set forth in Sections 1 through 5
above, the Commission hereby adopts the specific findings set forth in the Plan.
7. Except as otherwise set forth in the Plan, the Plan does not contemplate the
acquisition of property as a part of the economic development strategy, and the Commission does
not at this time propose to acquire any specific parcels of land or interests in land within the
boundaries of the Economic Development Area. If the Commission proposes to acquire specific
parcels of land, the required procedures for amending the Plan under the Act will be followed,
including notice by publication, notice to affected property owners and a public hearing.
8. The Commission finds that no residents of the Economic Development Area will
be displaced by any project resulting from the Plan, and therefore finds that it does not need to
give consideration to transitional and permanent provisions for adequate housing for the residents.
9. The Plan is hereby in all respects approved, and the secretary of the Commission is
hereby directed to file a certified copy of the Plan with the minutes of this meeting.
10. The Economic Development Area is hereby designated as an "Economic
Development Area" under Section 41 of the Act.
11. The entire Economic Development Area is hereby designated as an "allocation
area" pursuant to Section 39 of the Act for purposes of the allocation and distribution of property
taxes on real property for the purposes and in the manner provided by said Section. Any property
taxes subsequently levied by or for the benefit of any public body entitled to a distribution of
2
property taxes on taxable property in said allocation area shall be allocated and distributed as
follows:
Except as otherwise provided in said Section 39, the proceeds of taxes attributable
to the lesser of the assessed value of the property for the assessment date with respect to
which the allocation and distribution is made, or the base assessed value, shall be allocated
to and when collected paid into the funds of the respective taxing units. Except as
otherwise provided in said Section 39, property tax proceeds in excess of those described
in the previous sentence shall be allocated to the redevelopment district and when collected
paid into an allocation fund for said allocation area that may be used by the redevelopment
district to do one or more of the things specified in Section 39(b )( 4) of the Act, as the same
may be amended from time to time. Said allocation fund may not be used for operating
expenses of the Commission. Except as otherwise provided in the Act, before June 15 of
each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act.
12. Said allocation area is hereby designated as the "106th and Illinois Allocation Area"
(the "Allocation Area"), and said allocation fund is hereby designated as the "106th and Illinois
Allocation Fund" (the "Allocation Fund"). The base assessment date for the Allocation Area shall
be January 1, 2024. This allocation provisions herein relating to the Allocation Area shall expire
on the later of twenty-five (25) years after the date on which the first obligation is incurred to pay
principal and interest on bonds or lease rentals on leases payable from tax increment revenues
derived from the 106th and Illinois Allocation Area.
13. Based on a study of the Economic Development Area, the specific findings set forth
in the Plan, and information provided by prospective developers related thereto, the Commission
hereby specifically finds that the adoption of the allocation provision as provided herein will result
in new property taxes in the Economic Development Area that would not have been generated but
for the adoption of the allocation provision.
14. The officers of the Commission are hereby directed to make any and all required
filings with the Indiana Department of Local Government Finance and the Hamilton County
Auditor in connection with the creation of the Allocation Area.
15. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto.
16. This Resolution, together with any supporting data and together with the Plan, shall
be submitted to the Carmel Plan Commission ( the "Plan Commission") and the Common Council
of the City (the "Council"), and if approved by the Plan Commission and the Council shall be
submitted to a public hearing and remonstrance as provided in the Act, after public notice all as
required by the Act.
17. This resolution shall take effect immediately upon its adoption by the Commission.
3
Adopted the 20th day of March, 2024.
CITY OF CARMEL REDEVELOPMENT
COMMISSION ) . '
Vice President 1...
Secretary
~2~
Member
~ Member
4
EXHIBIT A
Description of the 106th and Illinois Economic Development Area
and 106th and Illinois Allocation Area
The 106th and Illinois Redevelopment Area and the 106th and Illinois Allocation
Area consists of the following parcels, as shown on the map attached hereto:
PARCEL ID NUMBERS:
17-13-11-00-00-002.000
16-13-11-00-00-039 .000
DMS 42447608.2
5
Sponsors: Councilors Aasen and Minnaar 1 2
RESOLUTION CC-02-03-25-03 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 CLAY TERRACE ECONOMIC DEVELOPMENT AREA 7
8 Synopsis: 9
This resolution approves (1) a resolution of the Carmel Redevelopment Commission 10
creating the Clay Terrace Economic Development Area, designating the entirety thereof as a 11
new allocation area known as the Clay Terrace Allocation Area, and adopting an economic 12
development plan for the Clay Terrace Economic Development Area, and (2) a related Carmel 13
Plan Commission resolution. 14 15 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 16 Commission”), as the governing body for the City of Carmel Redevelopment Department, 17 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2024-11 on 18
December 18, 2024 (the “CRC Resolution”), which (i) created a new economic development 19 area known as the Clay Terrace Economic Development Area (the “Area”), (ii) designated the 20 entirety of the Area as a new allocation area known as the Clay Terrace Allocation Area (the 21 “Allocation Area”), and (iii) adopted an economic development plan for the Area (the “Plan”); 22 and 23
24 WHEREAS, the City of Carmel Plan Commission, on January 21, 2025, approved and 25 adopted its Resolution No. PC-1-21-25-a (the “Plan Commission Order”) determining that the 26 CRC Resolution and the Plan conform to the plan of development for the City of Carmel, 27 Indiana (the “City”), and approving the CRC Resolution and the Plan; and 28
29 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 30 submitted the CRC Resolution, the Plan and the Plan Commission Order to the Common Council 31 of the City. 32 33
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 34 Carmel, Indiana, as follows: 35 36 1. Pursuant to Section 16(b) of the Act, the Common Council of the City determines 37 that the CRC Resolution and the Plan conform to the plan of development for the City, and 38
approves the CRC Resolution, the Plan and the Plan Commission Order. 39 40 2. Pursuant to Section 41(c) of the Act, the Common Council hereby approves the 41 determination that the Area is an economic development area pursuant to the Act. 42 43
3. This Resolution shall be in full force and effect from and after its passage by the 44 Council and approval by the Mayor as required by law. 45 46
2
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this _________ day 47 of ___________________, 2025, by a vote of ______ ayes and ____ nays. 48
49 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 50 51 ___________________________________ ____________________________________ 52 Adam Aasen, President Matthew Snyder, Vice President 53
54
___________________________________ ____________________________________ 55 Rich Taylor Anthony Green 56 57 ___________________________________ ____________________________________ 58
Jeff Worrell Teresa Ayers 59
60 ___________________________________ ___________________________________ 61 Shannon Minnaar Ryan Locke 62 63 ___________________________________ 64
Anita Joshi 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 __________________, 2025, at _______ __.M. 73 74
____________________________________ 75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 78 __________________, 2025, at _______ __.M. 79
80 ____________________________________ 81 Sue Finkam, Mayor 82 83 84 ATTEST: ________________________________ Jacob Quinn, Clerk
85
Prepared by: Bradley J. Bingham 86 Barnes & Thornburg LLP 87 11 South Meridian Street 88 Indianapolis, IN 46204 89
DMS 45969537.1 90
ECONOMIC DEVELOPMENT PLAN PAGE 1
City of Carmel
Redevelopment Commission
Economic Development Plan for the Clay Terrace Economic Development Area Dated: December 18, 2024
PURPOSE AND INTRODUCTION
The City of Carmel Redevelopment Commission (the “Commission”), the governing
body of the Department of Redevelopment and the Redevelopment District (the “District”) of City of Carmel, Indiana (the “City”), proposes to designate and declare an economic development area within the City to be known as the “Clay Terrace Economic Development Area” (the “Area”) and proposes to designate the entire Area as an allocation area to be known
as the “Clay Terrace Allocation Area” (the “Allocation Area”). This document is the plan for
the Area (the “Plan”), provided that this Plan may be amended in the future as provided in Indiana Code 36-7-14, as amended from time to time (the “Act”) and in this Plan.
Pursuant to Sections 15 and 16 of the Act, the Plan must be approved by the Commission, the City Plan Commission and the Common Council of the City. Upon such approvals, the
Commission will hold a public hearing on the Plan as required under Section 17 of the Act, before confirming (or modifying and confirming) the designation of the Area and the approval of the Plan.
PROJECT OBJECTIVES
This Area has lacked the necessary infrastructure and means to provide the infrastructure
necessary in order to attract the private investment needed to spur economic growth within, benefitting or serving the Area. The purposes of the Plan are to benefit the public health, safety, morals and welfare of the citizens of the City; increase the economic well-being of the City and the State of Indiana; and serve to protect and increase property values in the City and the State of Indiana. The Plan is designed to (i) promote significant opportunities for the gainful employment
of citizens of the City, (ii) assist in the attraction of major new business enterprises to the
City, (iii) retain and expand significant business enterprises existing in the City, (iv) provide for local public improvements in, benefitting or serving the Area, (v) retain and attract permanent jobs, (vi) increase the property tax base, and (vii) improve the diversity of the economic base of the City.
DESCRIPTION OF AREA
A map identifying the parcels comprising the Area is attached to this Plan as Exhibit A hereto.
DESCRIPTION OF PROJECTS
In order to accomplish the Plan, the Commission currently estimates that tax increment
revenues from the Area or other sources of funds available to the Commission may be used to
ECONOMIC DEVELOPMENT PLAN PAGE 2
finance the cost of infrastructure improvements in or serving the Area (as well as demolition, in, serving or benefiting the Area), including without limitation, (1) transportation enhancement
projects including, without limitation, curbs, gutters, shoulders, street paving and construction,
bridge improvements, rail crossings and spur track improvements, sidewalk and multiuse pathway improvements, street lighting, traffic signals, signage, structured parking and/or surface parking improvements, and site improvements including landscape buffers; (2) utility infrastructure projects including, without limitation, utility relocation, water lines, water wells,
water towers, lift stations, waste water lines, storm water lines, retention ponds, ditches, and
storm water basin improvements; and (3) all projects related to any of the foregoing projects and all other purposes permitted by law. Although the precise nature of infrastructure that may be necessary from time to time to attract and retain prospective redevelopment and economic development opportunities in the Allocation Area cannot be predicted with certainty, the
availability of adequate infrastructure is of fundamental importance in attracting and retaining
such opportunities in the Allocation Area.
Tax increment revenues from the Area or other sources of funds available to the Commission may also be used for any of the following:
• The acquisition or construction of projects to enhance the cultural attractiveness.
• Acquisition or construction of projects to enhance the public safety.
• Construction and installation of public amenities such as street trees, street furniture and wayfinding signage.
• Job training grants and assistance as permitted under I.C. 36‐7‐14‐39(b)(2)(K) and I.C. 36‐7‐25.
• Financial incentives to new and existing businesses locating in the Area as
permitted by law including targeted incentives to encourage the reuse and
redevelopment of commercial structures in the Area.
• All other projects and purposes permitted by law.
All of the foregoing potential uses of tax increment revenues from the Area or other sources of funds available to the Commission are collectively referred to herein as the
“Projects”.
Tax increment revenues from the Area or other sources of funds available to the Commission may also be used to finance the cost of the Projects and/or offset payments by developers on promissory notes in connection with economic development revenue bond financings undertaken by the unit, or to pay principal or interest on economic development
revenue bonds issued by the unit to provide incentives to developers, in furtherance of the
Projects and the economic development or redevelopment purposes of the Area. The provision of incentives by the application of tax increment revenues to offset developer promissory notes that secure economic development revenue bonds, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to developers, in furtherance
ECONOMIC DEVELOPMENT PLAN PAGE 3
of the economic development or redevelopment purposes of the Area, has become an established financing tool and an increasingly common form of incentive for attracting economic
development and redevelopment.
ESTIMATED COSTS OF THE PROJECTS
Because the Commission does not intend to acquire any interests in real property for the Project at this time, the Commission will not incur any costs of acquisition. However, the Commission will incur certain costs in connection with the development of the Projects. The
estimated cost of the Projects is approximately $5,000,000. However, such estimated costs are
simply projections at this time. This plan will be refined as specific details and timing of the Projects are determined. The Commission anticipates paying for such Projects with tax increment revenues derived from the Allocation Area or from bonds or leases of the District payable from such tax increment revenues. Alternatively, the Commission may assist the City
in issuing economic development revenue bonds pursuant to I.C. 36-7-12, payable, in whole or
in part, from tax increment revenues derived from the Area and purchased by a developer or an affiliate thereof to assist in financing the Projects.
ACQUISITION OF PROPERTY
In connection with the accomplishment of the Plan, the Commission has no present plans
to acquire any interests in real property. In the event the Commission determines to acquire any
interests in real property in the future, it shall follow procedures set forth in Section 19 of the Act. The Commission may not exercise the power of eminent domain.
DISPOSAL OF PROPERTY
The Redevelopment Commission may dispose of any real property acquired in the future
by sale or lease to the public pursuant to procedures set forth in Section 22 of the Act.
STATUTORY FINDINGS OF FACT
A. The Plan for the Area addresses the statutory requirements under Section 41(b) of the Act, as evidenced by the following findings of fact:
1. The Plan for the Area promotes significant opportunities for the gainful
employment of the citizens of the City, attracts new business enterprise to the
City, retains or expands a business enterprise existing in the City, or meets other purposes of Sections 2.5, 41 and 43 of the Act.
The Plan will improve the City’s infrastructure and aesthetics and foster additional economic development in and serving the Area. In addition, the Plan will
provide and improve existing infrastructure that is required to attract new commercial, retail and hotel development in the Area and thereby foster additional economic development in and serving the Area. These new business enterprises will provide opportunities for employment for the citizens of the City.
ECONOMIC DEVELOPMENT PLAN PAGE 4
2. The Plan for the Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed
under Sections 2.5, 41 and 43 of the Act because of a lack of local public
improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land, or other similar conditions.
The implementation of the Plan is necessary because local public improvements are greatly needed and lack thereof is resulting in decreased property values in this area of the
City. The Commission’s contribution toward the Projects will pave the way for future growth and development in and serving the Area. The implementation of the Plan will also provide greater accessibility and walkability for residents and commercial entities in
the Area.
3. The public health and welfare will be benefited by accomplishment of the Plan for the Area.
By creating new opportunities for employment and incentivized adding hotel and lodging options in the City, implementation of the Plan will benefit the public health and
welfare for the citizens of the City. Additionally, new or expanded industry and other
development will contribute to the overall health of the City by increasing and the diversifying the tax base. The development of road improvements, trails and pathways through the Area further aids in the public health and welfare of the City.
4. The accomplishment of the Plan for the Area will be a public utility and benefit as
measured by public benefits similar to the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base, or other similar public benefits.
The Projects contemplated by the Plan will be of public utility and benefit by putting in place infrastructure and/or other incentives to support future development,
thereby retaining or creating new jobs, maintaining the property tax base and allowing for further economic development and improved diversity of the economic base of the City.
5. The Plan for the Area conforms to other development and redevelopment plans for the City, if any.
The Plan conforms with the intended plan of development for the area as
prescribed by the City of Carmel Plan Commission. The Plan does not provide for any change in use of the property in the Area, but rather better utilization of the Area for the purposes currently contemplated by the intended plan of development for the City.
B. The Plan for the Area addresses the statutory requirements under Section 39(b) of the Act, as follows:
The Commission hereby makes a specific finding of fact that the adoption of the allocation provision for the Allocation Area will result in new property taxes in the Area that would not have been generated but for the adoption of the allocation provision. After numerous
ECONOMIC DEVELOPMENT PLAN PAGE 5
discussions regarding the development of the Area with various stakeholders and potential developers (including Washington Prime), the Commission finds that the ability to maintain and
attract new business would not occur but for the availability of tax increment revenues to finance
the Projects as contemplated by this Plan. The Commission has determined that the full development of the Area will not proceed as planned without the contribution of tax increment revenues to be derived from the Allocation Area to the Projects described above, due to the lack of adequate infrastructure and other local public improvements in or serving the Area. The
Commission does not have any other method of financing the costs of the Projects, absent
issuing bonds payable from a special benefits tax upon all taxable property within the District, without the prospect of replacing the source with tax increment revenues from developments within the Area. The Commission hereby finds that designating the Area as an allocation area will allow for the capture of additional tax increment revenues that will be available to the
Commission to finance infrastructure and other improvements located in or serving or benefitting
the Area, thereby facilitating additional investment in the Allocation Area that would otherwise not occur.
AMENDMENT OF THE PLAN
This Plan may be amended by following the procedures described in Sections 15 through
17.5 of the Act.
EXHIBIT A
EXHIBIT A
MAP AND DESCRIPTION OF AREA
The Clay Terrace Economic Development Area consists of the following parcels depicted in the red-shaded area of the map below. PARCEL ID NUMBERS: 16-09-24-00-00-015.001 16-09-24-00-00-015.101
DMS 45575545.1
Sponsors: Councilors Aasen and Minnaar 1 2
RESOLUTION CC-02-03-25-04 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 BJ’S WHOLESALE ECONOMIC DEVELOPMENT AREA 7
8 Synopsis: 9
This resolution approves (1) a resolution of the Carmel Redevelopment Commission 10
creating the BJ’s Wholesale Economic Development Area, designating the entirety thereof as a 11
new allocation area known as the BJ’s Wholesale Allocation Area, and adopting an economic 12
development plan for the BJ’s Wholesale Economic Development Area, and (2) a related Carmel 13
Plan Commission resolution. 14 15 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 16 Commission”), as the governing body for the City of Carmel Redevelopment Department, 17 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2024-12 on 18
December 18, 2024 (the “CRC Resolution”), which (i) created a new economic development 19 area known as the BJ’s Wholesale Economic Development Area (the “Area”), (ii) designated the 20 entirety of the Area as a new allocation area known as the BJ’s Wholesale Allocation Area (the 21 “Allocation Area”), and (iii) adopted an economic development plan for the Area (the “Plan”); 22 and 23
24 WHEREAS, the City of Carmel Plan Commission, on January 21, 2025, approved and 25 adopted its Resolution No. PC-1-21-25-b (the “Plan Commission Order”) determining that the 26 CRC Resolution and the Plan conform to the plan of development for the City of Carmel, 27 Indiana (the “City”), and approving the CRC Resolution and the Plan; and 28
29 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 30 submitted the CRC Resolution, the Plan and the Plan Commission Order to the Common Council 31 of the City. 32 33
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 34 Carmel, Indiana, as follows: 35 36 1. Pursuant to Section 16(b) of the Act, the Common Council of the City determines 37 that the CRC Resolution and the Plan conform to the plan of development for the City, and 38
approves the CRC Resolution, the Plan and the Plan Commission Order. 39 40 2. Pursuant to Section 41(c) of the Act, the Common Council hereby approves the 41 determination that the Area is an economic development area pursuant to the Act. 42 43
3. This Resolution shall be in full force and effect from and after its passage by the 44 Council and approval by the Mayor as required by law. 45 46
2
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this _________ day 47 of ___________________, 2025, by a vote of ______ ayes and ____ nays. 48
49 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 50 51 ___________________________________ ____________________________________ 52 Adam Aasen, President Matthew Snyder, Vice President 53
54
___________________________________ ____________________________________ 55 Rich Taylor Anthony Green 56 57 ___________________________________ ____________________________________ 58
Jeff Worrell Teresa Ayers 59
60 ___________________________________ ___________________________________ 61 Shannon Minnaar Ryan Locke 62 63 ___________________________________ 64
Anita Joshi 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 __________________, 2025, at _______ __.M. 73 74
____________________________________ 75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 78 __________________, 2025, at _______ __.M. 79
80 ____________________________________ 81 Sue Finkam, Mayor 82 83 84 ATTEST: ________________________________ Jacob Quinn, Clerk
85
Prepared by: Bradley J. Bingham 86 Barnes & Thornburg LLP 87 11 South Meridian Street 88 Indianapolis, IN 46204 89
DMS 45969537.1 90
ECONOMIC DEVELOPMENT PLAN PAGE 1
City of Carmel
Redevelopment Commission
Economic Development Plan for the BJ’s Wholesale Economic Development Area Dated: December 18, 2024
PURPOSE AND INTRODUCTION
The City of Carmel Redevelopment Commission (the “Commission”), the governing
body of the Department of Redevelopment and the Redevelopment District (the “District”) of City of Carmel, Indiana (the “City”), proposes to designate and declare an economic development area within the City to be known as the “BJ’s Wholesale Economic Development Area” (the “Area”) and proposes to designate the entire Area as an allocation area to be known
as the “BJ’s Wholesale Allocation Area” (the “Allocation Area”). This document is the plan for
the Area (the “Plan”), provided that this Plan may be amended in the future as provided in Indiana Code 36-7-14, as amended from time to time (the “Act”) and in this Plan.
Pursuant to Sections 15 and 16 of the Act, the Plan must be approved by the Commission, the City Plan Commission and the Common Council of the City. Upon such approvals, the
Commission will hold a public hearing on the Plan as required under Section 17 of the Act, before confirming (or modifying and confirming) the designation of the Area and the approval of the Plan.
PROJECT OBJECTIVES
This Area has lacked the necessary infrastructure and means to provide the infrastructure
necessary in order to attract the private investment needed to spur economic growth within, benefitting or serving the Area. The purposes of the Plan are to benefit the public health, safety, morals and welfare of the citizens of the City; increase the economic well-being of the City and the State of Indiana; and serve to protect and increase property values in the City and the State of Indiana. The Plan is designed to (i) promote significant opportunities for the gainful employment
of citizens of the City, (ii) assist in the attraction of major new business enterprises to the
City, (iii) retain and expand significant business enterprises existing in the City, (iv) provide for local public improvements in, benefiting or serving the Area, (v) retain and attract permanent jobs, (vi) increase the property tax base, and (vii) improve the diversity of the economic base of the City.
DESCRIPTION OF AREA
A map identifying the parcels comprising the Area is attached to this Plan as Exhibit A hereto.
DESCRIPTION OF PROJECTS
In order to accomplish the Plan, the Commission currently estimates that tax increment
revenues from the Area or other sources of funds available to the Commission may be used to
ECONOMIC DEVELOPMENT PLAN PAGE 2
finance the cost of infrastructure improvements in or serving the Area (as well as demolition, in, serving or benefiting the Area), including without limitation, (1) transportation enhancement
projects including, without limitation, curbs, gutters, shoulders, street paving and construction,
bridge improvements, rail crossings and spur track improvements, sidewalk and multiuse pathway improvements, street lighting, traffic signals, signage, structured parking and/or surface parking improvements, and site improvements including landscape buffers; (2) utility infrastructure projects including, without limitation, utility relocation, water lines, water wells,
water towers, lift stations, waste water lines, storm water lines, retention ponds, ditches, and
storm water basin improvements; (3) public park improvements and recreational equipment; (4) job training and assistance as permitted under I.C. 36‐7‐14‐39(b)(3)(K) and I.C. 36‐7‐25‐7; (5) eligible efficiency projects as permitted under I.C. 36‐7‐14‐39(b)(3)(L); and (6) all projects related to any of the foregoing projects and all other purposes permitted by law. Although the
precise nature of infrastructure that may be necessary from time to time to attract and retain
prospective redevelopment and economic development opportunities in the Allocation Area cannot be predicted with certainty, the availability of adequate infrastructure is of fundamental importance in attracting and retaining such opportunities in the Allocation Area.
Tax increment revenues from the Area or other sources of funds available to the
Commission may also be used for any of the following:
• The acquisition or construction of projects to enhance the cultural attractiveness.
• Acquisition or construction of projects to enhance the public safety.
• Construction and installation of public amenities such as street trees, street furniture and wayfinding signage.
• Job training grants and assistance as permitted under I.C. 36‐7‐14‐39(b)(2)(K) and I.C. 36‐7‐25.
• Financial incentives to new and existing businesses locating in the Area as permitted by law including targeted incentives to encourage the reuse and redevelopment of commercial structures in the Area.
• All other projects and purposes permitted by law.
All of the foregoing potential uses of tax increment revenues from the Area or other
sources of funds available to the Commission are collectively referred to herein as the “Projects”.
Tax increment revenues from the Area or other sources of funds available to the Commission may also be used to finance the cost of the Projects and/or offset payments by
developers on promissory notes in connection with economic development revenue bond
financings undertaken by the unit, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to developers, in furtherance of the Projects and the economic development or redevelopment purposes of the Area. The provision of incentives by the application of tax increment revenues to offset developer promissory notes that
ECONOMIC DEVELOPMENT PLAN PAGE 3
secure economic development revenue bonds, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to developers, in furtherance
of the economic development or redevelopment purposes of the Area, has become an established
financing tool and an increasingly common form of incentive for attracting economic development and redevelopment.
ESTIMATED COSTS OF THE PROJECTS
Because the Commission does not intend to acquire any interests in real property for the
Project at this time, the Commission will not incur any costs of acquisition. However, the
Commission estimates that there will be certain costs in connection with the development of the Projects. The estimated cost of the Projects is approximately $2,500,000 to $5,000,000. However, such estimated costs are simply projections at this time. This plan may be refined as specific details and timing of the Projects are determined. The Commission anticipates pledging
and assigning the tax increment revenues derived from the Allocation Area to Hamilton County,
Indiana (the “County”) for the life of the Allocation Area pursuant to I.C. 36-7-25-4, in order that the County may then take any and all actions with respect to the tax increment revenues derived from the Allocation Area that could be taken by the Commission in, benefitting or serving the Allocation Area with respect to the Commission’s own revenues.
ACQUISITION OF PROPERTY
In connection with the accomplishment of the Plan, the Commission has no present plans to acquire any interests in real property. In the event the Commission determines to acquire any interests in real property in the future, it shall follow procedures set forth in Section 19 of the Act. The Commission may not exercise the power of eminent domain.
DISPOSAL OF PROPERTY
The Redevelopment Commission may dispose of any real property acquired in the future by sale or lease to the public pursuant to procedures set forth in Section 22 of the Act.
STATUTORY FINDINGS OF FACT
A. The Plan for the Area addresses the statutory requirements under Section 41(b) of the Act,
as evidenced by the following findings of fact:
1. The Plan for the Area promotes significant opportunities for the gainful
employment of the citizens of the City, attracts new business enterprise to the City, retains or expands a business enterprise existing in the City, or meets other purposes of Sections 2.5, 41 and 43 of the Act.
There is currently inadequate road and utility infrastructure benefitting or serving the Area. The Plan will improve the infrastructure and aesthetics and foster additional economic development in and serving the Area. In addition, the Plan will provide and improve existing infrastructure that is required to attract new commercial and retail development in the Area and thereby foster additional economic development in and
ECONOMIC DEVELOPMENT PLAN PAGE 4
serving the Area. These new business enterprises will provide opportunities for employment for the citizens of the City.
2. The Plan for the Area cannot be achieved by regulatory processes or by the
ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of a lack of local public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land, or other similar
conditions.
The implementation of the Plan is necessary because local public improvements are
greatly needed and lack thereof is resulting in decreased property values in this area of the City. The Commission’s contribution toward the Projects will pave the way for future
growth and development in and serving the Area. The implementation of the Plan will
also provide greater accessibility and walkability for residents and commercial entities in the Area.
3. The public health and welfare will be benefited by accomplishment of the Plan for the Area.
By creating new opportunities for employment, implementation of the Plan will
benefit the public health and welfare for the citizens of the City. Additionally, new or expanded industry and other development will contribute to the overall health of the City by increasing and the diversifying the tax base. The development of road improvements, trails and pathways through the Area further aids in the public health and welfare of the
City.
4. The accomplishment of the Plan for the Area will be a public utility and benefit as measured by public benefits similar to the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base, or other similar public benefits.
The Projects contemplated by the Plan will be of public utility and benefit by putting in place infrastructure and/or other incentives to support future development, thereby retaining or creating new jobs, maintaining the property tax base and allowing for further economic development and improved diversity of the economic base of the City.
5. The Plan for the Area conforms to other development and redevelopment plans
for the City, if any.
The Plan conforms with the intended plan of development for the area as prescribed by the City of Carmel Plan Commission. The Plan does not provide for any change in use of the property in the Area, but rather better utilization of the Area for the purposes currently contemplated by the intended plan of development for the City.
B. The Plan for the Area addresses the statutory requirements under Section 39(b) of the Act, as follows:
ECONOMIC DEVELOPMENT PLAN PAGE 5
The Commission hereby makes a specific finding of fact that the adoption of the allocation provision for the Allocation Area will result in new property taxes in the Area that
would not have been generated but for the adoption of the allocation provision. After numerous
discussions regarding the development in or surrounding the Area with various stakeholders and potential developers, the Commission finds that the ability to maintain and attract new business would not occur but for the availability of tax increment revenues to finance the Projects as contemplated by this Plan. The Commission has determined that the full development of the
Area will not proceed as planned without the contribution of tax increment revenues to be
derived from the Allocation Area to the Projects described above, due to the lack of adequate infrastructure and other local public improvements in or serving the Area. The Commission does not have any other method of financing the costs of the Projects, absent issuing bonds payable from a special benefits tax upon all taxable property within the District, without the prospect of
replacing the source with tax increment revenues from developments within the Area. The
Commission hereby finds that designating the Area as an allocation area will allow for the capture of additional tax increment revenues that will be available to the Commission to finance infrastructure and other improvements located in or serving or benefitting the Area, thereby facilitating additional investment in the Allocation Area that would otherwise not occur.
AMENDMENT OF THE PLAN
This Plan may be amended by following the procedures described in Sections 15 through 17.5 of the Act.
EXHIBIT A
EXHIBIT A
MAP AND DESCRIPTION OF AREA
The BJ’s Wholesale Economic Development Area consists of the following parcels depicted in the red-shaded area of the map below. PARCEL ID NUMBERS: 16-10-19-00-00-001.009
DMS 45614671.1
Sponsor (s): Councilor Snyder, Councilor Taylor
RESOLUTION CC-02-03-25-05 1
2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3
INDIANA APPROVING A TRANSFER OF FUNDS BETWEEN THE GRANT 4
FUND (#900) AND THE PARKS AND RECREATION IMPACT FEE FUND (#106) 5
Synopsis: Transfers $784,424.96 from the Grant Fund (#900) into the Parks and 6
Recreation Impact Fee Fund (#106) 7
WHEREAS, the sum of Seven Hundred Eighty-Four Thousand Four Hundred Twenty-8
Four Dollars and Ninety-Six Cents ($784,424.96) is needed to cover White River Greenway 9
North Extension Project expenses within the Parks and Recreation Impact Fee Fund (#106); and, 10
WHEREAS, the Grant Fund (#900) has excess Parks READI Grant funds in the amount 11
of Seven Hundred Eighty-Four Thousand Four Hundred Twenty-Four Dollars and Ninety-Six 12
Cents ($784,424.96) 13
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 14
Carmel, Indiana that the Controller is authorized to transfer funds from the Grant Fund 15
(#900) into the Parks and Recreation Impact Fee Fund (#106) as follows: 16
$784,424.96 from Grant Fund (Fund #900) 17
To 18
Parks and Recreation Impact Fee Fund (#106): $784,424.96 19
20
21
22
23
24
25
26
27
28
29
Resolution CC-02-03-25-05 30
Page One of Two 31
Sponsor (s): Councilor Snyder, Councilor Taylor
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ________ 32 day of __________________, 2025, by a vote of _____ ayes and _____ nays. 33
34 COMMON COUNCIL FOR THE CITY OF CARMEL 35 36 ______________________________ ______________________________ 37 Adam Aasen, President Matthew Snyder, Vice-President 38
39
______________________________ ______________________________ 40 Rich Taylor Anthony Green 41 42 ______________________________ ______________________________ 43
Jeff Worrell Teresa Ayers 44
45 ______________________________ ______________________________ 46 Shannon Minnaar Ryan Locke 47 48 ______________________________ 49
Anita Joshi 50 51 ATTEST: 52 53 ______________________________ 54
Jacob Quinn, Clerk 55 56 Presented by me to the Mayor of the City of Carmel, Indiana this __________day of 57 _________________ 2025, at __________ __.M. 58 59
______________________________ 60 Jacob Quinn, Clerk 61 62 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 63 _________________ 2025, at __________ __.M. 64
65 66 ______________________________ 67 Sue Finkam, Mayor 68 ATTEST: 69
70 71 ______________________________ 72 Jacob Quinn, Clerk 73 74
75 Resolution CC-02-03-25-05 76
Page Two of Two 77
Sponsor(s): Councilor Snyder, Councilor Taylor
This Resolution was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
RESOLUTION CC-02-03-25-06 1
2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3
INDIANA APPROVING A TRANSFER OF FUNDS BETWEEN THE GRANT 4
FUND (#900) AND THE PARKS AND RECREATION NON-REVERTING 5
CAPITAL FUND (#103) 6
Synopsis: Transfers $1,249,700 from the Grant Fund (#900) into the Parks and 7
Recreation Non-Reverting Capital Fund (#103) 8
WHEREAS, the sum of One Million Two Hundred Forty-Nine Thousand Seven Hundred 9
Dollars ($1,249,700) is needed to cover White River Greenway North Extension Project expenses 10
within the Parks and Recreation Non-Reverting Capital Fund (#103); and, 11
WHEREAS, the Grant Fund (#900) has excess Parks READI Grant funds in the amount 12
of One Million Two Hundred Forty-Nine Thousand Seven Hundred Dollars ($249,700) and 13
Hamilton County Grant funds in the amount of One Million Dollars ($1,000,000.00). 14
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 15
Carmel, Indiana that the Controller is authorized to transfer funds from the Grant Fund 16
into the Parks and Recreation Non-Reverting Capital Fund as follows: 17
$1,249,700 from GRANT FUND (FUND #900) 18
To 19
Parks and Recreation Non-Reverting Capital Fund (#103): $1,249,700 20
21
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26
27
28
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Resolution CC-02-03-25-06 30
Page One of Two 31
Sponsor(s): Councilor Snyder, Councilor Taylor
This Resolution was prepared by Samantha S. Karn, Corporation Counsel, on January 23, 2025 at 12:00 p.m. It may have been subsequently revised. 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 ________ 32 day of __________________, 2025, by a vote of _____ ayes and _____ nays. 33
34 COMMON COUNCIL FOR THE CITY OF CARMEL 35 36 ______________________________ ______________________________ 37 Adam Aasen, President Matthew Snyder, Vice-President 38
39
______________________________ ______________________________ 40 Rich Taylor Anthony Green 41 42 ______________________________ ______________________________ 43
Jeff Worrell Teresa Ayers 44
45 ______________________________ ______________________________ 46 Shannon Minnaar Ryan Locke 47 48 ______________________________ 49
Anita Joshi 50 51 ATTEST: 52 53 ______________________________ 54
Jacob Quinn, Clerk 55 56 Presented by me to the Mayor of the City of Carmel, Indiana this __________day of 57 _________________ 2025, at __________ __.M. 58 59
______________________________ 60 Jacob Quinn, Clerk 61 62 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 63 _________________ 2025, at __________ __.M. 64
65 66 ______________________________ 67 Sue Finkam, Mayor 68 ATTEST: 69
70 71 ______________________________ 72 Jacob Quinn, Clerk 73 74
75 Resolution CC-02-03-25-06 76 Page Two of Two 77
1
SPONSOR(S): Aasen, Snyder and Taylor 1
2
RESOLUTION CC-02-03-25-07 3
4 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 5 RECOMMENDING CONSIDERATION OF AN AMENDMENT TO THE UNIFIED 6
DEVELOPMENT ORDINANCE FOR THE CITY AND REFERRING THE SAME TO 7
THE CARMEL PLAN COMMISSION FOR RECOMMENDATION 8
9 Synopsis: This Resolution refers a proposal to amend Articles 5.72, 9.08, and 11.02 of the Carmel 10
Unified Development Ordinance to the Carmel Advisory Plan Commission for public hearing and 11
recommendation to the Common Council. 12
13 WHEREAS, the Common Council of the City of Carmel, Indiana ( the “City”) has adopted 14 the City of Carmel Unified Development Ordinance (the “UDO”) pursuant to Ind. Code §36-7-4-15 600 et seq; and 16 17
WHEREAS, the Common Council desires to amend the UDO in accordance with Ind. 18
Code §36-7-4-602(b) in order to regulate Group Homes consistent with federal and state laws that 19 protect handicapped and disabled persons; and 20 21 WHEREAS, Ind. Code §36-7-4-607(b) requires any proposal to amend or partially repeal 22 the text of the UDO be referred to the City’s Advisory Plan Commission (the “Commission”) for 23 consideration and recommendation before any final action is taken by the Common Council; and 24 25 WHEREAS, upon receiving a proposal for the amendment or repeal of the text of the 26 UDO, the Commission shall, within sixty (60) days, hold a public hearing in accordance with Ind. 27 Code §36-7-4-607(b) and make a recommendation on the proposal not later than sixty (60) days 28 after the Commission holds the public hearing; and 29
30 WHEREAS, as required by Ind. Code §36-7-4-607(c) the Commission is required to 31 certify to the Common Council the Commission’s recommendation before final action is taken by 32 the Common Council. 33
34 NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE 35 CITY OF CARMEL, INDIANA AS FOLLOWS: 36
37 Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by 38 this reference. 39
40
Section 2. Recommendation and Referral. The Common Council proposes for 41 consideration the amendment to the UDO attached hereto as Exhibit A and refers the same to the 42 Commission for consideration, a public hearing and recommendation before any final action is 43 taken by the Common Council. A form of Notice of Public Hearing is attached hereto as Exhibit 44 B for the Commission’s convenience. 45
46 Section 3. Action by the Common Council. Upon receipt of the recommendation of 47 the Commission, the Common Council shall review and consider adoption of the Amendment. 48
49 Section 4. Effectiveness. This Resolution shall take effect immediately upon its 50 passage by the Council and approval of the Mayor and upon such approval shall be transmitted by 51 the Clerk to the Commission. 52
53
2
54 SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ________ 55 day of ________________, 2025 by a vote of _____ ayes and _____ nays. 56 57
58 COMMON COUNCIL FOR THE CITY OF CARMEL 59
60
_______________________________ ______________________________ 61 Adam Aasen, President Matthew Snyder, Vice-President 62 63 ______________________________ ______________________________ 64 Jeff Worrell Teresa Ayers 65 66 ______________________________ ______________________________ 67
Shannon Minnaar Ryan Locke 68
69
______________________________ ______________________________ 70
Anthony Green Rich Taylor 71 72 ______________________________ 73 Dr. Anita Joshi 74 75 ATTEST: 76 77
78
______________________________ 79
Jacob Quinn, Clerk 80
81 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 82 _________________, 2025, at _______ __.M. 83
84
85
_________________________________ 86 Jacob Quinn, Clerk 87 88 Approved by me, Mayor of the City of Carmel, Indiana this _________ day of 89 _________________, 2025, at _______ __.M. 90 91 92 _________________________________ 93 Sue Finkam, Mayor 94 ATTEST: 95
96
97
_________________________________ 98
Jacob Quinn, Clerk 99
100
Prepared by: Ted W. Nolting 101
Kroger Gardis & Regas, LLP 102
111 Monument Circle Ste. 900 103
Indianapolis, IN 46204 104
3
EXHIBIT “A” 105 106
Form of Amending Ordinance 107 108
ORDINANCE Z-____-__ 109
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 110
INDIANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE 111
Synopsis: This Ordinance amends Article 5.72 of the Unified Development Ordinance (the 112
“UDO”) to require that the applicant obtain a license from either the Indiana Division of Mental 113
Health and Addiction or the Indiana Division of Disability and Rehabilitative Services. 114
Additionally, it amends Article 5.72 to impose restrictions on how many Group Homes can be 115
within a specific geographic area. It further amends Article 9.08 of the UDO to grant the Board 116
of Zoning Appeals the exclusive authority to approve or deny special use exceptions for Group 117
Homes rather than a Hearing Officer. Article 9.08 is also amended to limit the number of 118
unrelated residents of a Group Home to not more than eight (8) persons. Finally, it amends 119
Article 11.02, specifically the definition of “Group Homes,” to require that they must be licensed 120
Indiana Department of Mental Health and Addiction or the Indiana Division of Disability and 121
Rehabilitative Services, and amends the definition of “Dwelling, Two Family” to expressly 122
exclude Group Homes. 123
WHEREAS, pursuant to Ind. Code §36-7-4-607 the Common Council of the City of 124
Carmel (the “Common Council”) is authorized to amend the text of the Unified Development 125
Ordinance; and 126
WHEREAS, Article 5.72 of the Carmel Unified Development Ordinance provides Use-127
Specific Standards for Group Homes; and 128
WHEREAS, the Common Council desires to amend the text of Article 5.72 of the Carmel 129
Unified Development Ordinance to require Group Homes housing persons with Developmental 130
Disabilities and Group Homes housing persons with psychiatric disorders or addictions to obtain 131
and maintain licenses with Indiana Division of Disability and Rehabilitative Services or the 132
Indiana Division of Mental Health and Addiction, respectively; and 133
WHEREAS, the Common Council also desires to amend the text of Article 5.72 of the 134
Carmel Unified Development Ordinance to restrict the number of Group Homes permitted within 135
a specific geographic area; and 136
WHEREAS, the Common Council desires to amend the text of Article 9.08 of the Carmel 137
Unified Development Ordinance so that Special Exceptions for Group Homes are approved 138
exclusively by the Board of Zoning Appeals, with the opinion of the Director of Community 139
Services functioning solely as a staff recommendation; and 140
WHEREAS, the Common Council desires to limit the number of unrelated residents of a 141
Group Home to not more than eight (8) persons; and 142
WHEREAS, the Common Council desires to amend the text of Article 11.02 of the Carmel 143
Unified Development Ordinance to provide that Group Homes housing persons with 144
4
Developmental Disabilities must be licensed by the Indiana Division of Disability and 145
Rehabilitative Services and that Group Homes housing persons with psychiatric disorders or 146
addictions are licensed by the Indiana Division of Mental Health and Addiction; and 147
WHEREAS, pursuant to Common Council Resolution No. ___________________, the 148
City’s Advisory Plan Commission (the “Commission”) received the Common Council’s proposal 149
to consider and provide a recommendation to the Common Council regarding the proposed 150
amendment to the Special Exception procedures; and 151
WHEREAS, pursuant to Ind. Code §36-7-4-604, the Commission held a public hearing 152
regarding Docket No. __-____-_____ on [INSERT DATE], after providing public notice thereof 153
as required by law; and 154
WHEREAS, upon completion of the public hearing the Commission voted to make the 155
following recommendation as evidenced by the certification attached hereto as Exhibit A; and 156
WHEREAS, the Common Council now desires to adopt the Amendment in the form 157
included in this Ordinance. 158
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 159
CITY OF CARMEL, INDIANA AS FOLLOWS: 160
Section I. Recitals Incorporated. The foregoing recitals are incorporated herein by this 161
reference. 162
Section II. Amend Article 5.72 US-26: Group Home Use-Specific Standards as follows: 163
A. Purpose: It is the purpose of this Section to benefit the general public by minimizing 164
adverse impacts on established residential neighborhoods in the City and the owners and 165
residents of properties in these neighborhoods which may result from the conversion of 166
residential properties to business or institutional uses. However, it is also the purpose of 167
this Section to provide that the City may not refuse to make a reasonable accommodation 168
for a Group Home whenever such an accommodation would not impose undue financial or 169
administrative burdens on the City or require a fundamental alteration in the 170
Comprehensive Plan. 171
172
B. Special Exception Eligibility: A Dwelling located in a residential district may be used as a 173
Group Home only if the owner or occupant applies for and is granted a Special Exception, 174
pursuant to Section 9.08: Special Exception (Group Homes and ShortTerm Residential 175
Rentals) hereof. 176
C. Required Information for Application: Both the initial application and any renewal 177
application for a Special Exception or Improvement Location Permit for a Group Home 178
shall contain primary and secondary emergency contact information, including mailing 179
address, phone number or email address. Upon approval of a Special Exception, emergency 180
contact information shall be shared with the Carmel Police Department. Group Homes 181
housing persons with developmental disabilities shall obtain, comply with, and maintain a 182
license from the Indiana Division of Disability and Rehabilitative Services which shall be 183
included in its initial application. Group Homes housing those living with psychiatric 184
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disorders or addictions shall obtain, comply with, and maintain a license from the Indiana 185
Division of Mental Health and Addiction, which shall be included in its initial application. 186
187
D. Limitations: 188
a. No Group Home in a residential district shall be located within 3,000 feet of another 189
Group Home, as measured between the closest points on their respective lot lines. 190
b. No Group Home in an S1, S2, R1, R2, R3, R4, R5 or UR district shall provide 191
housing for more than eight (8) residents. 192
c. The term of a Special Exception permit granted to a Group Home shall be twenty 193
(20) years. The grant of a Special Exception permit provides an exception only to 194
the other requirements of the Unified Development Ordinance. It does not confer a 195
right to lease, sublease, or otherwise use a Dwelling as a Group Home where such 196
use is not otherwise allowed by law, a homeowners association agreement or 197
requirements, any applicable covenant, condition, and restriction, a rental 198
agreement, or any other restriction, requirement, or enforceable agreement. 199
d. Nothing in this Section shall relieve any person of the obligations imposed by any 200
and all applicable provisions of Federal and State laws and the Carmel City Code, 201
including but not limited to those obligations imposed by Indiana tax laws and 202
rules. Further, nothing in this Section shall be construed to limit any remedies 203
available under any and all applicable provisions of Federal or State law and the 204
Carmel City Code. 205
E. Reasonable Accommodation: After formal acceptance of an application for a Special 206
Exception for a Group Home, the Director of Community Services shall review the 207
application for the purpose of determining whether it would be a reasonable 208
accommodation for the City to grant the Special Exception in order to provide the residents 209
who would be provided services at the Group Home with access to housing that is equal to 210
that of residents who are not in need of such services. In addition to the items listed in 211
Section 9.08(C): Basis of Review hereof, the Director of Community Services shall 212
consider the following: 213
1. If there are other Group Homes clustered within a block of the site; 214
2. The number of unrelated persons who will be living in the Group Home, and 215
whether any professional support staff will also be residing there; 216
3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at 217
the Group Home, and whether they will be marked; 218
4. If the Dwelling, existing, modified or new, is similar in design, materials and 219
landscaping as other adjacent and nearby Dwellings; 220
5. Any other exterior indication that the Dwelling will be inhabited by Group Home 221
residents; 222
6. Any undue financial or administrative burdens that would be imposed on the City; 223
and 224
7. If a fundamental alteration in the Comprehensive Plan would be required. 225
Based upon this review, the Director of Community Services may support or oppose 226
the granting of the Special Exception. 227
228
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Section III. Amend Article 9.08(A) General Information as follows: 229
A. General Information: Special Exception approval by a Hearing Officer of the Board of 230
Zoning Appeals shall be necessary prior to the establishment of a Special Exception, cited 231
by the district regulations herein, or the issuance of an Improvement Location Permit for 232
said Special Exception. A Special Exception shall be considered as an exception to the uses 233
allowed under the Unified Development Ordinance, and thus the original application for a 234
Special Exception shall not generally be entitled to favorable consideration, except as 235
follows: 236
1. A proposed Group Home that complies with the requirements of Article 5.72 where 237
not more than eight (8) unrelated persons will be residents shall generally be 238
entitled to favorable consideration; 239
2. A proposed Group Home that complies with the requirements of Article 5.72 where 240
more than eight (8) unrelated persons will be residents not less than nine (9) nor 241
more than twelve (12) eight (8) or more unrelated persons will be residents shall 242
generally be entitled to favorable consideration, so long as the application is not 243
opposed by the Director of Community Services; 244
3. A proposed Group Home where thirteen (13) or more unrelated persons will be 245
residents shall be entitled to favorable consideration only if the application is 246
supported by the Director of Community Services. 247
Any application for the renewal of a Special Exception that complies with the 248
requirements of Article 5.72 shall generally be entitled to favorable consideration, so 249
long as it is not opposed by the Director of Community Services. A Hearing Officer 250
The Board of Zoning Appeals shall have discretion whether to approve or deny each 251
Special Exception application, with his or her its decision to be based on the special 252
and unique conditions pertinent to the site and all applicable state and federal law, 253
determined as a result of the review procedure established herein. 254
B. Procedure: 255
1. Procedure Generally: Whenever an application for a Special Exception within the 256
planning jurisdiction is made, it shall follow the procedure set forth herein and shall 257
conform to the regulations and requirements of the Unified Development Ordinance. 258
2. Consultation with the Director of Community Services and Application: Applicants 259
shall meet with the Director of Community Services to re view the zoning classification 260
of their site, review copies of the regulatory ordinances and materials, review the 261
Special Exception procedures, and examine the proposed exception and development 262
of the property. The Director of Community Services shall aid and advise the applicant 263
in preparing the application and supporting documents as necessary. The applicant shall 264
then submit two (2) copies of the written application form and all necessary supporting 265
documents and materials. 266
3. Initial Review by the Director of Community Services: Docketing on Board of Zoning 267
Appeals Hearing Officer Agenda: Following the receipt of the written application and 268
necessary supporting documents and materials by the Director of Community Services, 269
the Director shall then review the materials solely for the purpose of determining 270
7
whether the application is complete and in technical compliance with all applicable 271
ordinances, laws, and regulations, and therefore entitled to be forwarded to the Board 272
of Zoning Appeals. If the materials submitted by the applicant are not complete or do 273
not comply with the necessary legal requirements, the Director of Community Services 274
shall inform the applicant of the deficiencies in said materials. Unless and until the 275
Director of Community Services formally accepts the Special Exception application as 276
complete and in legal compliance, it shall not be considered as formally filed for the 277
purpose of proceeding to succeeding steps toward Special Exception approval as 278
hereinafter set forth. Within thirty (30) days of the formal acceptance of the application 279
by the Director of Community Services, the Director shall formally file the application 280
by placing it upon the agenda of a the Board of Zoning Appeals Hearing Officer, 281
according to the Rules of Procedure of the Board of Zoning Appeals. 282
4. Public Hearing: Once the Director of Community Services has accepted and filed 283
the application with The Board of Zoning Appeals a Hearing Officer, a docket number 284
shall be assigned and a date and time set for a public hearing by The Board of Zoning 285
Appeals Hearing Officer, according to the Rules of Procedure of the Board of Zoning 286
Appeals. The applicant shall be responsible for the cost and publication of any required 287
published legal notification of the public hearing. The applicant shall also notify all 288
interested parties and property owners as required by the Rules of Procedure of the 289
Board of Zoning Appeals; however, notice by publication shall not be required for the 290
renewal of a Special Exception. The conduct of the public hearing shall be in 291
accordance with the Board of Zoning Appeals Rules of Procedure. 292
5. Approval or Denial of the Special Exception Application: Upon approval of a Special 293
Exception, the Board of Zoning Appeals Hearing Officer shall inform the applicant that 294
the applicant may apply to the Director of Community Services for Improvement 295
Location Permits (if necessary) or may commence the Special Exception if no permits 296
are required. Failure of the Hearing Officer Board of Zoning Appeals to inform the 297
applicant of the time limits set forth in Section 5.72(D): Limitations, Section 5.73(D): 298
Limitations or Section 5.74(D): Limitations, as applicable, shall not relieve the 299
applicant of complying with said Section. 300
6. Appeal of Hearing Officer Decision: A decision of a Hearing Officer shall not be a 301
basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The 302
Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be 303
bound by any Findings of Fact made by the Hearing Officer. A person who wishes to 304
appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning 305
Appeals within five (5) days after the decision is made, as provided in I.C. 3674924. 306
6. Time Limit for ReApplication: A Special Exception application that is denied by the 307
Board of Zoning Appeals is ineligible to be placed again on an agenda for consideration 308
until the legality of the decision is finally determined by a court, pursuant to judicial 309
review according to the Advisory Planning Law, or for a period of twelve (12) months 310
following the date of the denial, whichever is later. In addition, whenever a Special 311
Exception application is denied, the property involved in the application shall not be 312
8
the subject of a different Special Exception application, or any use variance or rezone 313
proposal, for a period of six (6) months following the date of the denial. 314
C. Basis of Review: A Hearing Officer, The Board of Zoning Appeals, in reviewing a 315
Special Exception application, shall give consideration to the particular needs and 316
circumstances of each application and shall examine the following items as they relate 317
to the proposed Special Exception: 318
1. Surrounding zoning and land use; 319
2. Access to public streets; 320
3. Driveway and curb cut locations in relation to other sites; 321
4. Parking location and arrangement; 322
5. Trash and material storage; 323
6. Necessary exterior lighting; and 324
7. Protective restrictions and/or covenants; and 325
8. All applicable state and federal law. 326
D. Basis of Approval or Rejection: A Hearing Officer The Board of Zoning Appeals, in 327
approving or rejecting a Special Exception application, shall base his or her its decision 328
upon the following factors as they relate to the above listed items (Section 9.08(C): 329
Basis of Review) concerning the proposed Special Exception: 330
1. The economic factors related to the proposed Special Exception, such as cost/benefit 331
to the community and its anticipated effect on surrounding property values; 332
2. The social/neighborhood factors related to the proposed Special Exception, such as 333
compatibility with existing uses in the vicinity of the premises under consideration and 334
how the proposed Special Exception will affect neighborhood integrity; and 335
3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in 336
and around the premises upon which the Special Exception is proposed. 337
E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-338
1015, a Hearing Officer the Board of Zoning Appeals may, as a condition to any 339
approval of an application for a Special Exception, require or allow the owner to make 340
any or all of the following commitments concerning the use of the property: 341
1. That the Special Exception will fully comply with Section 5.72 Group Home Use 342
Specific Standards. 343
2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, 344
at the discretion of the Board of Zoning Appeals Hearing Officer. 345
3. If the Board of Zoning Appeals Hearing Officer determines that a homeowners 346
association or similar entity has established limitations or prohibitions that apply to the 347
9
property, that the owner’s implementation of the Special Exception will not result in 348
the violation of any such limitations or prohibitions. 349
Section IV. Amend Article 11.02 Definitions as follows: 350
Home, Group: A residential Structure or facility where six (6) or more unrelated persons 351
who are in need of care, support or supervision can live together, such as children or those who are 352
elderly, disabled or mentally ill. Group Homes housing persons with developmental disabilities 353
shall obtain, comply with, and maintain a license from the Indiana Division of Disability and 354
Rehabilitative Services. Group Homes housing those living with psychiatric disorders or 355
addictions shall obtain, comply with, and maintain a license from the Indiana Division of Mental 356
Health and Addictions 357
Dwelling, Two-Family. residential Building containing two (2) Dwelling Units and not 358
occupied by more than two (2) Families. Except as otherwise provided by state statute, a Group 359
Home shall not be considered a Two-Family Dwelling and treated as such under the Unified 360
Development Ordinance. 361
PASSED, by the Common Council of the City of Carmel, Indiana, this ___ day of ________, 362
2025, by a vote of _____ ayes and _____ nays. 363
364
COMMON COUNCIL FOR THE CITY OF CARMEL 365
366 _______________________________ ______________________________ 367 Adam Aasen, President Matthew Snyder, Vice-President 368 369 ______________________________ ______________________________ 370
Jeff Worrell Teresa Ayers 371
372
______________________________ ______________________________ 373
Shannon Minnaar Ryan Locke 374
375 ______________________________ ______________________________ 376 Anthony Green Rich Taylor 377 378 ______________________________ 379 Dr. Anita Joshi 380 381
382
ATTEST: 383
384
______________________________ 385
Jacob Quinn, Clerk 386 387 388 389 Presented by me to the Mayor of the City of Carmel, Indiana this ___ day of 390 _________________, 2025, at ______ __.M. 391 392
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_________________________________ 393
Jacob Quinn, Clerk 394
395 396 Approved by me, Mayor of the City of Carmel, Indiana this ___ day of 397 _________________, 2025, at ______ __.M. 398
399 _________________________________ 400 Sue Finkam, Mayor 401 402 ATTEST: 403 _________________________________ 404
Jacob Quinn, Clerk 405
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Prepared by: Ted W. Nolting 409 Kroger Gardis & Regas, LLP 410 111 Monument Circle Ste. 900 411 Indianapolis, IN 46204 412 413
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EXHIBIT “A” 440
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442 CERTIFICATION OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION 443
ON THE PROPOSAL BY THE CARMEL COMMON COUNCIL 444
TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE 445
§36-7-4-602(b) 446
447 ORDINANCE Z- 448
449 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 450
INDIANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE 451
452
To: 453 454 Dear Members: 455
456
The Carmel Advisory Plan Commission offers you the following report on the proposal by the 457 Common Council to the Commission to amend Articles 5.72, 9.08, and 11.02 of the City of 458 Carmel Unified Development Ordinance received in the form attached hereto. 459 460
The Carmel Advisory Plan Commission’s recommendation on the proposal is ______________. 461
462 At its regularly scheduled meeting on __________, 2025, the Carmel Advisory Plan Commission 463 held a public hearing after publishing notice thereof in accordance with law, and thereafter voted 464 _____ in favor, _____ opposed, _____ abstaining, to forward to the Common Council, the 465 proposed Ordinance Z- with a ____________ recommendation. 466
467 Please be advised that by virtue of the Commission’s recommendation, pursuant to IC 36-7-4- 468 607(__)(__), the Council has ninety (90) days to act on the proposal. Ninety days from the date of 469 the original certification (___________, 2025) is ______________, 2025. 470 471
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EXHIBIT “B”
NOTICE OF PUBLIC HEARING BEFORE THE CARMEL ADVISORY PLAN COMMISSION DOCKET No.: CPA-2025-_________
Notice is hereby given that the Carmel Advisory Plan Commission will hold a public hearing upon a proposal by the Carmel Common Council to amend the Carmel Unified Development Ordinance (“UDO”) pursuant to documents filed with the Department of
Community Services as follows: amend Article 5.72 of the UDO to require that the applicant obtain
a license from either the Indiana Division of Mental Health and Addition or the Indiana Division of Disability and Rehabilitative Services; amend Article 9.08 of the UDO to grant the Board of Zoning Appeals the exclusive authority to approve or deny special use exceptions for Group Homes rather than a Hearing Officer; amend Article 9.08 of the UDO to limit the number of unrelated residents of a Group Home to not more than eight (8) persons; amend Article 11.02 of
the UDO, specifically the definition of “Group Homes” to require that they must be licensed by the Indiana Department of Mental Health and Addiction or the Indiana Division of Disability and Rehabilitative Services, and amend the definition of “Dwelling, Two Family” to expressly exclude Group Homes.
Designated as Docket No. ____-2025- , the hearing will be held on Tuesday, __________, 2025 at 6:00 P.M. in the Council Chambers, Carmel City Hall, One Civic Square, Second Floor, Carmel, Indiana 46032. The file for this proposal, including Council Resolution No. CC-_-25_-_ which includes
the proposed Ordinance Amendment, may be examined at the Office of the Plan Commission,
Carmel Department of Community Services, Division of Planning and Zoning, Carmel City Hall, Third Floor, One Civic Square, Carmel, Indiana 46032, telephone no. (317) 571- 2417. Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and
objections will be presented to the Commission. Any oral comments concerning the proposal will be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the hearing may be continued from time to time by the Commission as it may find necessary. Joe Shestak, Administrator Carmel Plan Commission
(317) 571-2417
Date: , 2025
Sponsors: Councilor Aasen
This Resolution was prepared by Samantha Karn, Corporation Counsel, on January 24, 2025 at 9:00 a.m. No
subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
RESOLUTION CC 02-03-25-08 1 2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, APPROVING THE 2025-2026 CONTRACT WITH THE CARMEL 4 FRATERNAL ORDER OF POLICE LODGE 185 5 6 Synopsis: Approves the contract between the City of Carmel and the Carmel Fraternal 7
Order of Police Lodge 185 that will be effective from January 1, 2025 through December 8 31, 2026. 9 10 WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana (“City”) has established 11 a contractual relationship with Carmel Fraternal Order of Police Lodge 185 (“FOP”), pertaining 12
to issues involving the hours, working conditions and certain other benefits of members of the 13
Carmel Police Department; and 14 15 WHEREAS, the City and the FOP now wish to continue their contractual relationship for 16 the years 2025 and 2026; and 17 18
WHEREAS, the agreement attached hereto and incorporated herein by this reference as 19 Exhibit A, (the “Agreement”) sets forth the new contractual relationship between the City and the 20 FOP for the years 2025 and 2026; and 21 22 WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public 23
Works and Safety, the Common Council desires to accept and adopt the Agreement as an 24 enforceable contract and obligation of the City. 25 26 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 27 Carmel, Indiana, that: 28
29 Section 1. The foregoing Recitals are incorporated herein by this reference. 30 31 Section 2. The Common Council hereby encourages the Board of Public Works and Safety 32 to approve and execute the Agreement at its earliest convenience. 33
34 Section 3. As of the date on which the Agreement is properly executed by the Board of 35 Public Works and Safety in its present form, the Common Council hereby accepts and adopts the 36 Agreement as an enforceable contractual obligation of the City. 37 38 39
40 41 42 Resolution CC 02-03-25-08 43
Page One of Two Pages 44 45 46
Sponsors: Councilor Aasen
This Resolution was prepared by Samantha Karn, Corporation Counsel, on January 24, 2025 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 _______ 47 day of __________________, 2025, by a vote of _____ ayes and _____ nays. 48
49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 _______________________________ ______________________________ 52 Adam Aasen, President Matthew Snyder, Vice-President 53
54
______________________________ ______________________________ 55 Jeff Worrell Teresa Ayers 56 57 ______________________________ ______________________________ 58
Shannon Minnaar Ryan Locke 59
60 ______________________________ ______________________________ 61 Anthony Green Rich Taylor 62 63 ______________________________ 64
Dr. Anita Joshi 65 66 ATTEST: 67 68 69
______________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 73 _________________, 2025, 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 _________________, 2025, at _______ __.M. 81 82 83 _________________________________ 84
Sue Finkam, Mayor 85 ATTEST: 86 87 _________________________________ 88 Jacob Quinn, Clerk 89
90 Resolution CC-02-03-25-08 91 Page Two of Two 92
Page | 1
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Agreement Between 9
City of Carmel 10
And 11
Fraternal Order of Police Lodge #185 12
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Effective 14
January 1, 2025 to December 31, 2026 15
16
Page | 2
Agreement 17
Section 1 18
This Agreement (“Agreement”) is entered into by and between the City of Carmel (“City”), 19
represented by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety 20
(“Board”) and the City’s Common Council (“Common Council”), and the Fraternal Order 21
of Police Lodge #185 (“FOP”) represented by the Wage and Benefits Committee 22
(“Representative Unit”). This Agreement shall not be construed as a collective bargaining 23
agreement for purposes of Federal and State labor laws or otherwise. 24
Section 2 25
The City recognizes the FOP as the exclusive representative agent for all sworn members of 26
the Carmel Police Department (“Department”) with the merit rank of Lieutenant or below 27
for the limited purposes of meeting and conferring with respect to salaries, wages, and other 28
employee benefits so long as the FOP maintains the support of a majority of those police 29
officers. Members of the Department holding the merit rank of Lieutenant of below shall 30
hereinafter be referred to as “Employee” or “Employees,” and the group of employees 31
represented by the FOP as their exclusive representative shall be hereinafter collectively 32
referred to as the “Representative Unit.” If the City questions whether the FOP has the 33
support of the majority of the Employees in the Representative Unit, it may review the Clerk’s 34
records and/or certified records provided by the FOP to determine if the FOP maintains the 35
support of a majority of the Employees in the Department. If the FOP does not maintain the 36
support of a majority of the Employees in the Department, the City shall not recognize the 37
FOP as the exclusive representative of those Employees at the end of the calendar year in 38
which such majority support is lost. 39
Page | 3
Section 3 40
If any provision of this Agreement is rendered or declared invalid by a court action or 41
legislation, the remaining portions of this Agreement shall remain in full force and effect. 42
Section 4 43
The FOP and the City will begin negotiations, in good faith, on a future agreement before the 44
termination of this Agreement. 45
Section 5 46
Upon its proper execution by all parties hereto, and subject to Section 2 above, this Agreement 47
shall take effect on January 1, 2025, and shall remain in effect until 11:59 p.m. on December 48
31, 2026. The FOP and the City shall begin negotiations, in good faith, on a future labor 49
agreement no later than June 2026. This Agreement shall remain in full force and effect, 50
unless either party desiring to amend this Agreement shall notify the other in writing. Notice 51
of a request for amendment shall specify the content of any and all proposed amendments. If 52
a new agreement is not executed before the end of this Agreement, then this Agreement shall 53
remain in effect until a new agreement is executed by the parties hereto. 54
Section 6 55
The terms of this Agreement are intended to cover only minimums in hours, salaries, wages 56
and certain other Employee benefits. The City may implement or retain in effect superior 57
salaries, wages, hours and other Employee benefits. 58
Section 7 59
A. Dues Collection. Upon receipt of voluntary, written, signed and dated authorization 60
form from Employees of the Representative Unit who are members of the FOP, the 61
City shall deduct each month from the earnings of each said Employees an amount 62
Page | 4
representing their regular, monthly dues for the preceding month and shall remit such 63
monies, together with the appropriate records, to a designated FOP official. The City 64
shall not be liable to the FOP for failure to make deductions or errors in deductions 65
for dues. The FOP will indemnify the City and hold it harmless from any and all claims 66
or liabilities which may arise under this paragraph. 67
B. Bulletin Boards. The City shall furnish a suitable bulletin board in a convenient 68
location to be used by the FOP, for the purpose of posting FOP notices and other FOP 69
materials. The City reserves the right to remove inappropriate materials provided that 70
the City provides notice to the FOP and the reason for such removal. 71
C. Access to Roll Call. The FOP shall have limited access to attend roll call for the 72
purpose of conveying FOP announcements to members of the Department after 73
securing the approval of the Police Chief (“Chief”) or his/her designee, which 74
approval shall not be unreasonably withheld and shall not be denied without due 75
cause. 76
Section 8 77
A. There shall be a FOP Wage and Benefits Committee composed of five (5) members. 78
A Wage and Benefits Committee Shall be convened prior to the expiration of the 79
current Agreement. Three (3) members of the Wage and Benefits Committee shall be 80
appointed by the Executive Board of the FOP and two (2) representatives appointed 81
by the Chief. The Chief and Mayor, or their representatives, shall meet and confer not 82
less than twice annually, for the purposes of discussing wage and benefit issues 83
affecting Employees. Discussions at said meetings shall be limited to the subject matter 84
Page | 5
included in the agenda submitted by the FOP to the Chief or by the Chief to the FOP 85
at least seven (7) calendar days prior to the agreed upon meeting date. 86
B. The City shall grant to the FOP and its members one thousand (1,000) hours total 87
annually to be used to perform FOP duties such as, but not limited to, FOP 88
conventions, conferences, and seminars. The FOP member requesting such time shall 89
submit such request to the FOP President for approval, and then shall submit the 90
appropriate form to his/her immediate supervisor for Department approval, which 91
approval shall not be unreasonably withheld subject to the staffing and operations need 92
of the Department as determined by the Chief. Such approval shall not be denied 93
without due cause. 94
C. Dispute Resolution. The FOP and the City agree to work together in good faith to 95
resolve labor/management issues. The FOP agrees to encourage its members to follow 96
all Department rules, policies, and procedures and to strive to improve their skills to 97
ever higher levels, and the City agrees to enforce its rules in a fair and impartial 98
manner. Both the FOP and the City agree to attempt to resolve issues subject to this 99
Agreement informally or through non-binding Alternative Dispute Resolution (ADR) 100
before commencing or sponsoring legal action against the other. 101
Section 9 102
A. The Chief shall maintain personnel files for all Employees. Employees shall be allowed 103
to examine the contents of their own personnel file, in the Chief’s office, during regular 104
City business hours and, upon request, may receive copies of the documents contained 105
in their personnel file. 106
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B. Employees may not remove any document from their personnel file, but may 107
challenge, in writing, any data believed to be inaccurate. The Chief shall direct an 108
investigation of all such challenges. If there exists any comment adverse to an 109
Employee’s interest contained in his personnel file, the employee may file a written 110
response to the same with the Chief. With approval of the Chief, which approval shall 111
not be unreasonably withheld, this response shall be attached to said adverse 112
comments. It is understood and agreed that information retained by the Internal 113
Affairs files shall not be included in the Employee’s personnel file or available for 114
review and/or copying by such employee, except as required by the Indiana Access to 115
Public Records Act. Further, once an employee is scheduled for interrogation by the 116
Department concerning an internal investigation, he or she will be informed of the 117
nature of the complaint but not the name of the complainant. The Employee, upon 118
request, shall be provided adequate time to secure and afford the opportunity to consult 119
with legal counsel prior to any Departmental interrogation, which consultation shall 120
not be allowed to materially delay the timing of the interrogation. Before any 121
interrogation that has the reasonable potential, based upon the facts and circumstances 122
then known, to lead to criminal charges, the Department shall advise the Employee of 123
his/her Garrity rights. The impact of an Internal Affairs investigation on the integrity 124
of the Department and on employee morale necessitates a timely resolution to such 125
issues. Therefore, the Department requires a thirty (30) day limit for completing an 126
Internal Affairs investigation with status updates regarding which department(s) 127
currently have responsibility for the investigation due every seven (7) to fourteen (14) 128
days to the chief and the employees who is the subject of the investigation. There may 129
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be exceptions to the thirty-day limit, but extensions should be only be granted for those 130
cases in which extenuating circumstances exist. The Chief, or his/her delegate, must 131
notify the employee of any need to extend the investigation, specifying the reason(s) 132
and additional time required. Extensions may be granted by mutual agreement if 133
necessary to address extenuating circumstances. Any refusal to grant an extension 134
must be supported by valid and specific concerns. Both parties agree that internal 135
investigations should be completed promptly, with extensions limited to ensuring a 136
thorough resolution. Should the Chief and employee reach a stalemate regarding a 137
requested extension of time, the final decision regarding an extension shall rest with 138
the Merit Board. The employee must be notified by the Chief, or his delegate, of the 139
extenuating circumstances and the amount of time the investigation shall be extended. 140
An investigation should be only extended long enough such that any extenuating 141
circumstance is cured. The Parties agree that time is of the essence when investigation 142
the completing an internal investigation. Should the Employee disagree with the 143
extenuating circumstances relied upon by the Chief to extend the investigation, the 144
Employee may file a grievance under General Order 25. Administrative delays such 145
as scheduling or availability of witnesses that are not of no fault of the employee shall 146
not constitute extenuating circumstances. Employees who are subject to an 147
investigation by Internal Affairs shall be individually notified in writing of the 148
disposition of said investigation within ten (10) days of said final disposition. 149
C. When an Employee is interviewed, formally or informally, regarding a matter that 150
might lead to disciplinary action, if that Member requests an FOP representative, all 151
questioning will cease for a reasonable period of time (not to exceed 24 hours) until an 152
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FOP representative (selected by the FOP) can be present. An Employee, acting on the 153
advice of counsel during an investigation that may result in criminal charges, shall not 154
be subject to additional charges of insubordination for his or her failure to comply with 155
a direct order at the advice of counsel. In the event there is body camera footage related 156
to an investigation conducted under this Section, the Employee under investigation 157
shall have the right to view said footage, with legal counsel or an FOP representative, 158
prior to making any official statements. 159
D. The parties hereto agree that if changes are sought to the extra duty or off duty 160
employment policy, they shall meet and discuss the proposed changes and make a 161
reasonable effort to reach a mutually agreeable solution. 162
Section 10 163
The City shall make reasonable provisions for the safety and health of Employees during the 164
hours of their employment. It shall maintain its equipment and facilities in safe operating 165
condition in accordance with Federal, State, and local law. The City shall provide, at its 166
expense, the equipment for special teams as directed by the Chief. 167
Section 11 168
Although the parties recognize that it is difficult to compare different pay and work structures 169
as to ensure exact mathematical equivalencies, the City agrees, to the extent possible, it will 170
ensure Employees receive the equivalent compensation in pay and benefits received by all 171
City public safety employees. 172
A. All 2025-2026 base salaries shall be adjusted consistent with the Salary Matrix attached 173
hereto as Appendix A and incorporated as if fully set forth herein. The columns in 174
Appendix A, shall correspond to the number of years an officer has been in service. 175
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Salaries shall be paid in accordance with the Salary Matrix, which may be periodically 176
modified from time to time with the written consent of all Parties to this Agreement. 177
The parties agree that a First Class Officer’s salary is equal to that of a 25 year officer. 178
B. Lateral Employment Program. The Carmel Police Department has initiated a lateral 179
employment program for qualified full-time sworn law enforcement officers. The 180
premise of the program is to recognize the value of those applicants who have law 181
enforcement experience by providing starting salary/pay incentives commensurate 182
with an applicant’s police/law enforcement experience. In order to be considered for 183
employment with this agency, applicants must meet all established pre-employment 184
minimum requirements, as well as successfully complete all testing, screening and 185
background screening components. To be eligible for consideration within the lateral 186
entry program, the applicant must have/had powers of lawful arrest and authorized to 187
carry a weapon. The City will accept applications from individuals employed within 188
any of the following listed categories of police/law enforcement agencies: 189
a. Federal Police/Law Enforcement Agency 190
b. State Police/U.S. Territory Police/Law Enforcement Agency 191
c. County Police/Law Enforcement Agency 192
d. State/County Sheriff’s Department (does not include those employed 193
exclusively within the area of correction or detention) 194
e. City/Police/Law Enforcement Agency 195
f. University/College Police/Law Enforcement Agency 196
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NOTE: All applicants wanting to be considered for the lateral entry program must 197
possess an Indiana Law Enforcement Academy Certification or a State/Federal 198
Certification accepted through the I.L.E.A Waiver Requirement. 199
The lateral employee program will provide up to a maximum of ten (10) years of 200
starting salary/pay incentives for qualified candidates. The following information is 201
provided regarding entry level salaries: 202
The calculation for years of service will not include partial/seasonal years of service. 203
Additionally, this does not and will not provide for the lateral transfer of rank or rights 204
to any seniority status. Any Lateral Hire employed by the City prior to the execution 205
of this Agreement who is eligible for, but has not been awarded, additional service 206
credit under this Agreement shall be awarded, up to ten (10) years, such service credit 207
and income adjusted accordingly as of the date of this executed Agreement. This 208
section is not to be construed to entitle the Employee to any backpay as a result of the 209
application of additional service credits. 210
C. Lateral Hires shall be credited with a maximum of ten (10) years or service credit under 211
the Salary Matrix. Any credit applied to a lateral hire shall directly correspond to the 212
number of years the Lateral Hire has served with another department prior to 213
becoming employed with the City. An Employee with five (5) years of prior service or 214
more, will be compensated at year 5 within the attached Salary Matrix until 215
completion of field training. Once the Employee has successfully completed field 216
training, they will be compensated in accordance with their prior years of service. 217
D. Cost-of-Living. Adjustment. The 2025 salaries shall not include a cost-of-living 218
adjustment (COLA). Any COLA for year 2026 shall be consistent with any COLA 219
Page | 11
increase as applied to other City employees. The parties hereto agree that should the 220
Consumer Price Index for all Midwestern Wage Earnings (“CPI-W”) independent of 221
seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States 222
Department of Labor for the timer period from June 2025 to June 2026 fluctuate plus 223
or minus 1%, the parties shall return to the negotiation process to consider a more 224
appropriate COLA. Should the City’s Net Assessed Value and/or Local Income Tax 225
Distribution as determined by the Department of Local Government Finance 226
negatively impact the City’s abilities to provide City services, the parties shall return 227
to negotiations to determine a more appropriate wage calculation. 228
E. Shift Differential. Shift Differential for Employees whose shifts begin at or after 2:00 229
p.m. shall receive One Dollar ($1.00) an hour. 230
F. FTO Pay. FTO (Field Training Officer) pay for Employees shall receive position pay 231
in the amount of Ten Dollars ($10.00) an hour on top of their regular pay. Such 232
additional compensation shall be paid only to those Employees when they are actually 233
functioning in such position, when training a new officer. 234
G. Overtime Pay. Overtime compensation for Employees shall be in addition to the 235
amount specified, and shall be paid in compliance with the Fair Labor Standards Act 236
and the City’s most recent compensation ordinance as adopted by the Common 237
Council. 238
H. Court Time and Call Out Time. Employees shall receive a minimum of two (2) hours 239
compensation for court sessions attended during non-working hours for and for any 240
time an Employee is called off-duty for work related business. Employees called in for 241
unscheduled work-related business, such as shift coverage, a special team’s emergency 242
Page | 12
call out, or any other non-scheduled mandatory callback, shall be compensated at the 243
pay rate of time and a half. An Employee may not receive compensation time in lieu 244
of time and half for these specific types of mandatory callbacks. 245
I. Positional Pay. Employees who meet the criteria specified by the Department and who 246
serve in the position of investigator (CID and SID) or school resource officer (SRO) 247
are eligible for positional pay, in addition to all other forms of compensation. 248
Supervisors of these units are not eligible for positional pay. 249
Investigator (Patrol/Detective Only) $3,000 Per Year 250
School Resource Officer $3,000 Per Year 251
J. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and 252
Regulations may qualify for the specialty pay, in addition to all other forms of 253
compensation: 254
• Personnel Specialist/FTO Coordinator $2,500 Per Year 255
• Firearms Range/Training Coordinator $2,500 Per Year 256
• K-9 Handler $1,500 Per Year 257
• K-9 Coordinator $2,500 Per Year 258
• Foreign Language Interpreter $2,000 Per Year 259
• Special Weapons And Tactics (SWAT) $2,500 Per Year 260
• Emergency Response Group (ERG) $2,000 Per Year 261
• Traffic Division (Motorcycle Patrol Officer) $1,500 Per Year 262
• Field Evidence Technician $2,500 Per Year 263
• Drug Recognition Officer $1,000 Per Year 264
• IDACS Coordinator $1,000 Per Year 265
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• Child Safety Seat Technician $1,000 Per Year 266
• Unmanned Aircraft Systems (UAS) $1,500 Per Year 267
• Honor Guard $1,000 Per Year 268
• Police Officer Support Team $1,000 Per Year 269
• Negotiator $1,500 Per Year 270
Employees who are a part of the Accident Investigations Team who achieve certification 271
levels associated with the following hours are eligible for the corresponding specialty pay: 272
80hrs - $1,500.00, 160hrs - $2,000.00, 240hrs - $2,500.00. 273
Each Employee shall be entitled to receive no more than two (2) types of specialty pay at any 274
given time, with the exception of Foreign Language Interpreter. The Employee shall receive 275
the highest two types of specialty pay for which he/she is eligible. All specialty pay shall cease 276
when an Employee no longer performs the duties associated with the pay or no longer meets 277
the qualifications for such pay. 278
K. Accident Investigators, Certified Instructors. Employees designated as Accident 279
Investigators, who have not yet met the qualifications as a part of Section 11, Part I of 280
this Agreement, and Certified Instructors shall receive up to Three Dollars ($3.00) per 281
hour for performing the duties associated with these functions, in addition to all other 282
forms of compensation. 283
L. Clothing Allowance. Employees with twelve (12) months of service in the Department 284
shall receive a clothing allowance of One Thousand Five Hundred Dollars ($1,500.00) 285
per year, to be paid in a lump sum on or before April 1 of each year. Such payment 286
shall be treated as taxable income. 287
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M. Sick Leave Incentive Pay. Employees may be eligible for sick leave incentive pay, 288
which is based on the amount of sick leave used in a calendar year as follows: 289
No sick leave used 24 hours
Up to and including one (1) shift used 20 hours
Over one (1) to and including two (2) shifts used 12 hours
Over two (2) to and including three (3) shifts used 8 hours
Over three (3) to and including four (4) shifts used 4 hours
Over four (4) shifts used 0 hours
The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive 290
only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. 291
All sick leave used by an Employee in the course of the calendar year, except leave for 292
injuries incurred on duty or in the line of duty, shall be counted toward the 293
incentive pay calculation for that year, regardless of the reason for the leave or the 294
status of the leave. Sick leave incentive pay may be paid out each year in February, for 295
the prior calendar year, at the eligible Employee’s current rate of pay. An Employee 296
must be employed by the Department for an entire calendar year, and must be 297
employed by the City at the time of the payout, in order to be eligible for incentive 298
pay for that calendar year. 299
N. Holiday Pay. Each Employee who is required to report to work on a declared holiday 300
whether on a scheduled or an unscheduled basis, shall receive Fifteen Dollars ($15.00) 301
per hour premium pay for each hour actually worked on the holiday. Employees shall 302
be paid for their entire shift at the holiday rate. Such premium pay shall be calculated 303
to the nearest quarter hour. 304
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O. Holiday Time. The City agrees to maintain the current holiday schedule. 305
P. Vacation Time. The City agrees to the following vacation leave schedules for 306
Employees in effect at the time of the execution of this agreement: 307
Year 1 of employment 14 vacation days 308
Year 5 of employment 20 vacation days 309
Year 10 of employment 23 vacation days 310
Year 15 of employment 26 vacation days 311
Year 20 of employment 30 vacation days 312
Year 25+ of employment 33 vacation days 313
Q. Bereavement Leave. All Employees will follow the City’s Bereavement Leave policy. 314
R. Compensation Time. The City agrees to allow Employees, who are regularly 315
scheduled over 84 hours in a 14 day pay period, may bank up to 4 hours each pay 316
period for a maximum of 12 hours. Employees are required to utilize the compensation 317
time by taking time off or receiving payment by the last pay cycle of the calendar year. 318
Should the Chief determine that this method of utilizing compensation time is 319
unworkable, the parties agree to renegotiate this Section within ten (10) calendar days 320
of the Chief alerting the FOP in writing. 321
S. Trade Days. Employees shall be permitted to voluntarily trade work days, subject to 322
the advance approval of the Chief or his designee. Such traded regular work shifts shall 323
be exempted from the computation of overtime hours. Trade days must be balanced 324
within the same pay period and must be documented on the appropriate City form. 325
Subject to advance approval of his/her supervisor, an Employee will be allowed to 326
trade days with another Employee of the same rank, within the same period. Once the 327
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trade has been approved, the trading Employees will be considered members of their 328
traded shift for hat day and responsible for their attendance and manpower 329
requirements; as if it were their own shift. In the event of an absence, normal 330
procedures to fill manpower requirements will be followed (i.e. the original Employee 331
will not be required to cover the shift). The Department will have the unilateral right, 332
after meeting and conferring with FPO, to discontinue or alter the procedure for 333
trading days. 334
T. Leave of Absence. Employees may be granted leaves with or without pay in 335
accordance with Federal, State or local law. All leaves of absence shall be subject to 336
the approval of the Chief. 337
Catastrophic Medical Leave Bank. All Employee unused sick days shall be credited to 338
the Catastrophic Medical Leave Bank, as specified in Special Order 98-21. An 339
Employee who is unable to perform his/her own duties or to perform light duty 340
assignments for an extended period of time due to illness or injury is eligible for 341
INPRS disability benefits, which are less than the Employee’s active duty pay. Under 342
35 IAC 2-5-1, the City is not allowed to supplement INPRS disability payments. 343
In order to avoid penalizing an Employee financially during the period of 344
recuperation, the Catastrophic Medical Leave Bank shall allow eligible Employees 345
to receive up to one hundred twenty (120) calendar days of full pay after sick leave 346
and vacation benefits are exhausted and before INPRS disability benefits 347
commence (two hundred forty (240) calendar days for injuries or illnesses 348
incurred in the line of duty). 349
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Retiree Health Insurance. The City shall contribute fifty percent (50%) of the monthly 350
employee-spouse premium for retirees who have twenty (20) years of active service 351
with the City, plus an additional one percent (1%) for each additional six (6) months 352
of service, up to a maximum of seventy-five percent (75%) of the employee-spouse (or 353
75% of the employee-only premium if the employee is unmarried or the spouse is not 354
covered by the City plan), provided that the City’s insurance premium contribution 355
shall not exceed Nine Hundred Dollars ($900.00) per month or Ten Thousand Eight 356
Hundred Dollars ($10,800) per year. Coverage for other eligible dependents may be 357
continued at the retiree’s expense. The City’s insurance premium contribution cap 358
shall be evaluated each year to keep pace with current health insurance costs. For an 359
Employee who dies in the line of duty, the City shall contribute 100% of the 360
monthly spouse and dependent (if applicable) medical and dental premiums. For 361
an Employee who is disabled, the City shall contribute to insurance premium 362
according to the formula found in City Code Section 2-42. Retiree Health Insurance 363
will only be available for Employees hired prior to October 3, 2016. 364
U. Retiree Health Insurance Re-Enrollment. Effective January 1, 2019, the City will allow 365
retired police officers with at least twenty (20) years of full-time service to the City to 366
drop the City’s health plan when they retire, or any time they become eligible for other 367
coverage, then rejoin the City’s health plan at a later date. Retired police officers who 368
are not enrolled in the plan when they retire are also eligible for this program. All 369
retiree re-enrollments are subject to the following requirements: 370
a. Eligible retirees and their dependents must maintain coverage through another 371
employer-sponsored health insurance program or an individual ACA-372
Page | 18
compliant plan offered by a carrier licensed by the State of Indiana or, if the 373
retiree has moved out of Indiana, the retiree’s state of residence. 374
b. Proof of continuous coverage must be submitted at the time of re-enrollment to 375
the City’s Department of Human Resources. 376
c. Eligible retired police officers can rejoin the plan under the following 377
circumstances: 378
i. Any year during the open enrollment period. 379
ii. Following a change in family status, provided application is made 380
within 30 days of the change. Such changes must be verified with 381
appropriate documentation. 382
iii. Eligibility for the City’s plan ends when the retiree or covered dependent 383
qualifies for Medicare. 384
iv. Eligible retired police officers who fail to follow the foregoing rules shall 385
forfeit the eligibility for re-enrollment. 386
V. Police and Fire Employee INPRS. The City shall maintain membership in the 1977 387
Fund and shall require members of the Department to meet the eligibility requirements 388
for the Fund. The City shall pay twenty-one percent (21%) of the established Police 389
Officer First class salary for each member of the Department participating in the 1977 390
Fund. In the event that state actuary reports are lower than the twenty-one percent 391
(21%) obligation levied upon the City in any fiscal year, that amount shall be reflected 392
as a credit toward the six percent (6%) obligation levied upon the members of the 393
Department. 394
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W. Vacation Buy-Back. Employees may submit up to one third (1/3) of their unused 395
annually accrued vacation time. The City may buy back some or all of such vacation 396
time and, if it does so, shall buy back each hour of vacation time at the Employee’s 397
hourly rate. Employees must submit their hours in no less than eight (8) hour 398
increments to the Department on the first Monday of the last pay period of a calendar 399
year. Payment for any submitted vacation, if approved, shall be rendered by the City 400
before the last day in February of the following year. 401
Sworn Personnel: 402
1 to 5 years Maximum of 4 full shifts eligible for submission 403
(32 hours) 404
405
6-20 years Maximum of 6 full shifts eligible for submission 406
(48 hours) 407
21 or more years Maximum of7 full shifts eligible for submission (56 hours) 408
Any Employee who has been suspended from the Department for disciplinary 409
purposes or any Employee having used five (5) or more sick days in a calendar year 410
will be disqualified from this benefit as permitted by law, for the year in which the 411
suspension occurred, or more than five (5) sick days were used. The only exception to 412
this rule would be an on-duty injury. The hourly rate of pay for each eligible employee, 413
for the purposes of this pay incentive only, shall be calculated as follows: [bi-weekly 414
base pay plus (+) longevity]/80 hours. 415
X. Tuition Reimbursement. The City sponsors a tuition reimbursement program subject 416
to City Code § 2-58, as amended, for full-time City employees who are so employed 417
both on the year prior to the beginning of the course for which tuition reimbursement 418
is requested and at the time the final request for reimbursement is made. To be 419
Page | 20
eligible for tuition reimbursement the employee cannot have been subject to 420
disciplinary probation, demotion, or suspension within the 90 calendar days 421
immediately prior to the beginning date of the course for which tuition reimbursement 422
is requested. 423
Y. Dependent Care. The City agrees to allow employees to utilize up to 5 days of their 424
sick time annually for the unexpected care and treatment of a dependent. The City 425
agrees to treat this benefit in the same manner as an employee sick day. This does not 426
increase the amount of sick time afforded to an employee. 427
Z. On Call. Employees who are on call shall be compensated at a flat rate of Ten Dollars 428
($10.00) per shift for regular weekdays and Twenty-Five Dollars ($25.00) per shift for 429
Saturday, Sunday and City Holidays, in addition to all other forms of compensation. 430
If an Employee is called in, he/she will receive monetary compensation for the hours 431
he/she actually works. 432
AA. Additional Benefits. In addition to any other benefits set forth in this 433
Agreement or in the City’s employee handbook, the City shall contribute to their 434
employee health savings account in the following amounts: 435
Employee Only From $600.00 to $800.00 436
Employee/Spouse From 800.00 to $1,000.00 437
Employee/Child(ren) From $800.00 to $1,000.00 438
Employee/Family From $1,000 to $1,200.00 439
BB. COBRA Administration Fee Waiver. The City agrees to waive the two percent 440
(2%) administrative fee for Employees and their dependents who are entitled to elect 441
COBRA continuation coverage when a qualifying event occurs. 442
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CC. No Diminishment of Benefits. The City shall not diminish any employee 443
benefit included in its employee handbook and Carmel Police Department general 444
orders and policies, but not part of this Agreement. This obligation shall continue 445
through Agreement termination, and said handbook is hereby included and made a 446
part hereof by reference. 447
DD. Insurance Benefits. The City agrees to meet and confer with the FOP regarding 448
changes to insurance benefits offered by the City. However, after meeting and 449
conferring with the FOP, it is within the City’s sole discretion to make changes to 450
Employee insurance benefits. If a new mayor is elected, the meet and confer clause 451
will expire and all insurance changes will be agreed upon by the City of Carmel and 452
the FOP. 453
Section 12 454
The City shall allow FOP meetings to be held in City buildings at times agreed to by the Chief. 455
The FOP will be responsible for the care and security of the building during such meetings. 456
The City will allow the FOP to utilize electronic bulletin boards, email systems, Internet 457
access and paging systems in accordance with existing City policies. 458
Section 13 459
No Employee will be required to join, support or pay dues to the FOP. There shall be no 460
discrimination, interference, restraint or coercion by the City or FOP against any Employee 461
for activities or membership in the FOP, or a refusal to support, be active in or become a 462
member of the FOP. 463
Section 14 464
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The City, on its own behalf and on behalf of its citizens, hereby retains and reserves all powers, 465
rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the 466
Constitution of the State of Indiana and the United States, City resolution/ordinances and any 467
modifications made thereto. Further, all rights which are ordinarily vested in and are exercised by 468
employers, except to the extent they are specifically relinquished herein, are reserved to and remain 469
vested in the City, including but without limiting the generality of the foregoing, the right: 470
471
a. To manage its affairs efficiently and economically, including the determination of 472
quantity and quality of services to be rendered, the control of material, tools and 473
equipment to be used, and the discontinuance of any services, material, or 474
methods of operations. 475
b. To introduce new equipment, methods, machinery, duties, or processes, change 476
or eliminate existing equipment and institute technological changes, decide on 477
materials, supplies, equipment and tools to be purchased. 478
c. To subcontract or purchase any or all work, processes or services, or the 479
construction of new facilities or the improvement of existing facilities. 480
d. To determine and change the number, location, and type of facilities and 481
installations. 482
e. To determine the size of the workforce and increase or decrease its size. 483
f. To hire, assign and lay off employees, to reduce the workweek or workday or 484
effect reductions in hours worked by combining layoffs and reductions in 485
workweek or workday in accordance with Local, State, and Federal law. 486
g. To direct the workforce, assign work and determine the number of employees 487
assigned to operations. 488
h. To establish, change, combine or discontinue job classifications and prescribe 489
and assign job duties, content and classifications consistent with the Merit 490
System. 491
i. To establish wage rates for any new sworn personnel. 492
J. To establish work schedules and, from time to time, change those work schedules. 493
k. To establish work and productivity standards and to, from time to time, change 494
Page | 23
those standards. 495
1. To establish, maintain and revise rules and procedures for the administration of 496
the Department in accordance with the Merit System. 497
m. To discipline and discharge employees according to Merit System. 498
n. To adopt, revise and enforce working rules and carry out cost and general 499
improvement programs consistent with this Agreement. 500
o. To transfer, promote, and demote, (according to the Merit System), employees 501
from one classification,.division or shift to another. 502
p. To select employees for upper level policy making positions and to determine 503
the qualifications and competency of employees to perform those duties. 504
Layoffs shall be in compliance with all state and federal laws. Layoffs due to 505
economic needs shall follow a policy based on seniority starting with the lowest level 506
to the highest. 507
Section 15 508
The parties agree that, if the Common Council fails or refuses to fully fund this Agreement 509
under circumstances wherein full funding would not adversely affect vital governmental 510
function of the City, all financial provisions of this Agreement shall become null and void to 511
the extent they are not funded, and that they will return to the negotiation process to negotiate 512
Agreement terms that are consistent with the level of funding approved by the Common 513
Council. The City agrees to promptly consult with the FOP Executive Board, upon request, 514
regarding changes made to an Employee’s working conditions and/or standards. However, 515
subject to Section 11 of this Agreement, the salary, bonus, vacation and sick leave benefits in 516
effect for Employees pursuant to this Agreement shall not be reduced without the mutual 517
consent of the City and the FOP Executive Board. 518
Section 16 519
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Neither party shall be liable for its failure to perform any of its obligations under this 520
Agreement that have become practicably impossible because of circumstances beyond the 521
reasonable control of that party. Such circumstances include, without limitation, natural 522
disasters or acts of God; acts of terrorism; government acts or orders; epidemics, 523
pandemics; and, national, state, county, or City emergencies. Written notice of a party’s 524
failure or inability to perform due to force majeure shall be given to the other party within 525
seven (7) business days from the date of the substantial commencement of the force 526
majeure event and shall describe the event (and is commencement date) therein with 527
reasonable certainty. The parties agree to meet and discuss proposed changes to each 528
side’s performance obligations under the Agreement necessitated by a force majeure 529
event and shall utilize reasonable efforts to come to terms on any amendment to the 530
Agreement. Any amendments to the Agreement shall be incorporated within the 531
Agreement as if fully set forth herein and shall be in writing and signed by both parties. 532
533
534
[signature pages to follow] 535
536
537
538
539
540
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SO APPROVED AND ADOPTED 541
CARMEL BOARD OF PUBLIC WORKS FRATERNAL ORDER OF POLICE AND 542 SAFETY (“BOARD”) Lodge #185 (“FOP”) 543 544 BY: BY: 545 546 547
Sue Finkam, Presiding Officer Blake Lytle, President 548 Date: Date: 549 550 551 Laura Campbell, Member Matthew Broadnax, Vice-President 552
Date: Date: 553 554 555 Alan Potasnik, Member Michael Morley, Treasurer 556 Date: Date: 557
558 ATTEST: 559 560 561
Jacob Quinn, Clerk 562
563 COMMON COUNCIL FOR THE CITY OF CARMEL 564 565 566
Anthony Green, President Adam Aasen, Vice-President 567
568 569 Rich Taylor Matt Snyder 570 571
572
Jeff Worrell Teresa Ayers 573 574 575 Shannon Minnaar Ryan Locke 576
577
578 Anita Joshi 579 580 ATTEST: 581
582
583 Jacob Quinn, Clerk 584 585
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586 Presented by me to the Mayor of the City of Carmel, Indiana this day of 587
, 2024, at . 588
589 590 591 Jacob Quinn, Clerk 592
593
Approved by me, Mayor of the City of Carmel, Indiana this day of 594 , 2024, . 595 596 597
598
Sue Finkam, Mayor 599 600 601 ATTEST: 602 603
604 Jacob Quinn, Clerk 605
City of Carmel
2024 Encumbrances in 2025
(For Acknowledgement)
Carmel
Fund #Department Total
101 GENERAL FUND
1110- Police Department 1,587,764.79$
1115- Communications Systems 586,376.86$
1120- Fire Department 513,672.41$
1125- Parks Deparment 463,876.76$
1160- Mayor's Office 107,156.82$
1180- Department of Law 274,226.42$
1192- Dept. of Community Services 345,835.89$
1201- Human Resources 185,076.59$
1203- Community Relations 805,324.29$
1205- General Administration 304,013.80$
1206- City Property Maintenance 501,661.46$
1207- Brookshire Golf Course -$
1208- Building Operations 56,583.98$
1401- Common Council -$
1501- Economic Development 64,880.90$
1701- Controller 114,933.17$
1702- Clerk 7,693.78$
1801- Redevelopment Department 291.00$
101 GENERAL FUND- TOTAL 5,919,368.92$
102 AMBULANCE FUND 185,972.14$
103 PARK CAPITAL FUND 1,117,995.01$
106 PARK IMPACT FEE FUND 4,650,220.13$
108 PARK PROGRAM FUND 311.77$
109 PARKS MONON FUND 360.00$
201 MOTOR VEHICLE HIGHWAY FUND
2200- Engineering 419,980.54$
2201- Streets 3,633,887.72$
201 MOTOR VEHICLE HIGHWAY FUND- TOTAL 4,053,868.26$
202 LOCAL ROAD & STREET FUND 1,952,591.84$
203 CUM CAP IMPROVEMENT FUND 50,051.67$
209 DEFERRAL FUND 10,380.75$
210 USER FEE FUND & DEFERRALS -$
211 CUM CAP DEVELOPMENT FUND 376,980.50$
250 NON REVERTING STORMWATER 1,656,064.16$
506 JUDICIAL SALARY FEES FUND -$
507 HISTORIC PRESERVE FUND-N/R 5,357.50$
852 POLICE GIFT FUND 42,672.00$
853 PARK GIFT FUND 16,536.00$
854 COMMUNITY RELATIONS GIFT FUND 17,230.00$
856 CARMEL REDEVELOPMENT GIFT-MARKET 4,157.01$
902 CARMEL REDEVELOPMENT FUND 220,890.00$
911 LAW ENFORCEMENT AID FUND -$
919 THROUGHFARE FUND 515.99$
922 NON-REVERTING CENTER GREEN ICE 27,362.02$
923 NON-REVERTING EVENTS & FESTIVAL 12,134.00$
20,321,019.67$
LEGAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between the City Council of the
City of Carmel, Indiana, to be hereinafter known as “Council” and KROGER GARDIS &
REGAS, LLP, Indianapolis, Indiana to be known hereinafter as “Contractor” is to hereby set our terms and conditions as follows: ARTICLE ONE
Council hereby engages said Contractor for the purposes and under the conditions designated and set forth herein, and said Contractor agrees to perform such work in a timely manner.
ARTICLE TWO
The Contractor will advise and consult with the Council and its membership, acting by and through the President of the Council, on matters pertaining to the following:
1. The Contractor, in conjunction with the City of Carmel legal department, will draft
and/or review ordinances and resolutions pertaining to Council business as directed by the President of the Council. 2. The Contractor will be reasonably available to consult with Council members and
other individuals over the telephone or by email or in person when requested by the Council
President; 2. Upon request from the Council President, the Contractor will attend Council meetings and meet with Council members at such other times as may be deemed reasonably
necessary by both parties;
3. Upon request from the Council President, the Contractor or his associate will make visits and arrange for conferences or committee meetings which are essential to the governing of the City Council;
4. The Contractor, through Ted W. Nolting, will represent the Council in any of the aforementioned matters in which such representation is requested. ARTICLE THREE
It is understood that the period covered by the work outlined in Article Two, herein, will be accomplished during the calendar year of 2025 (the “Term”). ARTICLE FOUR
It is understood that Ted W. Nolting will be the person in charge of all work outlined in Article Two, herein, for the Contractor, and that he or his associate will personally attend the meetings and conferences set forth above. The Contractor shall take direction and act on behalf
of the President of the City Council or his or her designee, as applicable. ARTICLE FIVE
For the accomplishment of the work set forth above, the Contractor shall be compensated
in the amount of $350.00 per hour to be paid upon receipt of a monthly statement and approval of said claim by the Council. The total compensation paid to Contractor for services hereunder shall not exceed $12,500 per month, or $150,000 during the Term, unless expressly approved by the Council.
ARTICLE SIX
It is understood and agreed that the Contractor shall commence work promptly upon execution of this Agreement.
ARTICLE SEVEN
As required by IC 5-22-16.5-13, the Contractor hereby certifies that the Contractor is not engaged in investment activities in Iran.
ARTICLE EIGHT
The Contractor hereby certifies that the Contractor has complied with the requirements of Ind. Code 22-5-1.7-3 regarding the E-Verify program, as shown by the attached affidavit.
In accordance with the terms so set forth, we do hereby set our hands and seal this day of
____, 2025. KROGER GARDIS & REGAS, LLP CITY COUNCIL CITY OF CARMEL, INDIANA
_________________________________ ___________________________________ Ted W. Nolting
___________________________________
___________________________________ ___________________________________
ATTEST:
___________________________________ _________________________________ Carmel City Clerk
INDIANA LEGAL EMPLOYMENT DECLARATION The State of Indiana has enacted a law (I.C. 22-5-1.7) requiring all state agencies and
political subdivisions request verification from their contractors that their employees are legally
eligible to work in the United States. This Declaration serves as notice that all Contractors doing business with the City of Carmel, Indiana, must, as a term of the contract: 1. Enroll in and verify the work eligibility status of newly hired employees of the
contractor through the E-Verify programs (but is not required to do this if the E-Verify program
no longer exits); and 2. Verify, by signature below, that the Contractor does not knowingly employ unauthorized aliens.
I, Ted Nolting, a duly authorized agent of KROGER GARDIS & REGAS, LLP, declare under penalties of perjury that KROGER GARDIS & REGAS, LLP does not employ unauthorized aliens to the best of it knowledge and belief.
KROGER GARDIS & REGAS, LLP
_________________________________ Ted Nolting
Subscribed and sworn to before me on this ___day of ___________, 2025. My Commission Expires: County of Residence:
___________________________________ Notary Public ___________________________________
Printed Name