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HomeMy WebLinkAbout02.17.25 CC Meeting Paperless Packet1 City of Carmel CARMEL COMMON COUNCIL MEETING AGENDA MONDAY, FEBRUARY 17, 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.February 3, 2025 Regular Meeting b.Claims 1.Payroll - $4,067,336.44 2.General Claims - $4,997,381.69 and $31,321.08 (Purchase Card) 3.Wire Transfers - $3,960,265.68 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. 2 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. Finance Department Budget Update (Quarterly – April, July, October, January (for the 4th quarter of the previous year)) k. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS a. Second Reading of Ordinance D-2762-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-48 of the Carmel City Code; Sponsor: Councilor Aasen. Sent to the Land Use and Special Studies Committee. Synopsis: Ordinance establishing 15-minute parking space(s) at the beginning of each block along Main Street 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. b. 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. Sent to the Land Use and Special Studies Committee. 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. c. 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. Sent to the Finance, Utilities and Rules Committee. 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. 3 13. PUBLIC HEARINGS 14. NEW BUSINESS a. Resolution CC-02-17-25-01; A Resolution of the Common Council of the City of Carmel, Indiana, Expressing Interest in the Purchase of Certain Properties Valued at Over $25,000.00 and Associated with City Improvement Projects; Sponsor: Councilor Taylor. Synopsis: Authorizes the purchase of certain properties valued at more than $25,000.00 that are necessary for various road and multiuse path improvement projects. 15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS a. Notice of Cancellation of Outstanding Checks for Fiscal Year 2022 - $1,157.21 (Acknowledgement Only) 17. ANNOUNCEMENTS 18. ADJOURNMENT 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 MEETING MINUTES 4 MONDAY, FEBRUARY 3, 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 Father Richard Doerr of Our Lady of Mount Carmel delivered the invocation. 22 23 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 24 25 There were none. 26 27 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 28 29 Robert Spaller, a Carmel resident, spoke to Council about an issue in his neighborhood with homeowners 30 leaving pet waste in their yards, and also allowing their cats to wander the neighborhood and leave pet waste 31 in neighbors’ yards. Mr. Spaller stated that there are ordinances prohibiting pet waste on public property, but 32 we need an ordinance to be written to prohibit this type of nuisance on private property, as well. 33 34 Chris Potts spoke to Council in favor of the the Lennar development proposed to be built at 146th Street and 35 Towne Road. Mr. Potts is very pleased with the outcome of this housing development plan. He thanked 36 Lennar Homes, the Planning and Zoning department, the land owner, and the Common Council for listening 37 to the community, and working together to create an end product that everyone is pleased with. 38 39 Jodi Schwin spoke to Council on behalf of the residents of Williamson Run neighborhood. Ms. Schwin 40 spoke about the safety issue involving parking on Randall Drive. The car dealership and Enterprise leasing 41 are both parking vehicles on the street, blocking the view for those coming around the corner. Additionally, 42 they are doing test drives through the neighborhood. Finally, there are car alarms going off at the dealership 43 all throughout the day and night, which is a terrible noise nuisance to the Williamson Run residents. 44 45 46 47 48 2 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 49 50 Jameson Partington, a 5th grader at Cherry Tree Elementary School, gave the Mayor’s Report to Council. 51 The Leadership Team is working on Carmel’s first strategic plan, which focuses on being the most desirable 52 and best-run city in the nation. Strategic pillars include inspiring livability, innovating for impact, and 53 investing in people. We are using data whenever possible to help make decisions, such as in the request to 54 add a 5th ambulance to the Carmel Fire Department. Data shows that this will help us make a significant 55 improvement in the emergency services that we can provide to all residents and businesses on the West side 56 of Carmel. Mayor Finkam serves on the AIM Legislative Committee, and is taking an active role with state 57 leaders regarding legislation that may impact Carmel. The Mayor thanked the Council for supporting 58 infrastructure improvements. This year will bring long-term improvements to our path and trail networks, 59 safety and traffic flow. 60 61 Councilor Worrell spoke to Council regarding the Non-Profit Review Committee, which is on the agenda 62 tonight. This is the committee that Mayor Finkam and Councilor Worrell proposed after working together to 63 address ongoing questions from residents after changes were made to the Christkindlmrkt. Councilor Worrell 64 stated that his motivation to form this review committee was to unite our community around the facts, what 65 actually happened, and why, and to then move forward together with what is in the best interest of our 66 community. Councilor Worrell shared that he is disappointed to learn that he will not be nominated for this 67 committee, as he was informed that his role as a roundabout t-shirt vendor for All Things Carmel, one of the 68 affiliates to be reviewed, could create a perception of a conflict of interest. Councilor Worrell stated that he 69 acknowledges and accepts the Council’s decision not to nominate him, and agrees that this committee’s work 70 is far too important to allow it to be tainted, even in perception. He urged those who will serve to approach 71 the process with an open mind, driven by the desire for transparency. He hopes the work of this committee 72 will shine a light on what is happening inside our government, so our citizens can have confidence in how 73 the city is being operated, and in how their hard-earned tax dollars are being spent. 74 75 CONSENT AGENDA 76 77 Councilor Green moved to approve the consent agenda. Councilor Taylor seconded. There was no 78 discussion. Council President Aasen called for the vote. The consent agenda was approved 9-0. 79 80 a. Approval of Minutes 81 82 1. January 6, 2024 Regular Meeting 83 2. January 23, 2024 Special Meeting 84 85 b. Claims 86 87 1. General Claims - $3,111,496.37 88 89 ACTION ON MAYORAL VETOES 90 91 There were none. 92 93 COMMITTEE REPORTS 94 95 Councilor Taylor reported that the Finance, Utilities and Rules Committee just met prior to this Council 96 meeting. After being amended, Ordinance D-2741-24 passes back to the full Council with a positive 97 recommendation. The minor change made was to include language stating that nothing shall restrict the 98 Common Council’s ability to direct the Controller to make changes to the chart of accounts. Ordinance D-99 2755-25 was also unanimously approved to send back to Council with a positive recommendation. This 100 ordinance amends the Council meeting agenda to include the Finance department’s quarterly reports. 101 3 Councilor Snyder reported that the Land Use and Special Studies Committee held a special meeting on 102 Wednesday, January 29th, to review the most recent updates to the proposed Lennar development at 146th 103 Street and Towne Road. The committee also continues to review the UDO, and Councilor Snyder thanked 104 Councilor Minnaar for spearheading a plan to rework our approach to accomplishing this review. There will 105 not be a meeting this Wednesday, the 5th, but the Land Use Committee will meet on Wednesday, February 106 19th. 107 108 OTHER REPORTS – (at the first meeting of the month specified below): 109 110 Henry Mestetsky, Director of Redevelopment, gave the monthly report. Monon Square North’s construction 111 has started. 1st on Main is pretty much done. Magnolia is building out its condos. Civic Square Condos 112 should start construction in the next month or two. Hamilton Crossing will continue to be under construction 113 throughout this year. Lots of progress is being made at Proscenium II and 111 S. Rangeline. 1933 Lounge 114 should be opening around March. Beautiful updates are happening at the AT&T site. Icon on Main will 115 continue to be under construction for the entirety of this year. Ardalan Plaza is moving along, hopefully the 116 shell will be completed by the end of this year. 117 118 Mark Dollase gave the Carmel Historic Preservation Commission’s quarterly report to Council. A property 119 owner came to the CHPC last year with a desire to have their home designated as a historic property. In 120 January the plan for this was approved, so the CHPC will be coming back to Council in the next month or so 121 to seek approval. The commission has also been working on saving a pre-Civil War era building at 10750 122 Hazel Dell Parkway, with an intent to relocate it elsewhere on that same property and restore it. A strong 123 attempt was also made to relocate the house at the corner of 4th and Main, where Ardalan Plaza is planned. 124 Unfortunately, that move will not be possible. Lastly, the commission had to appoint a new commissioner, 125 and the CHPC hopes that the Council will approve that appointment tonight. 126 127 Director Michael Klitzing presented the quarterly report for Carmel Clay Parks and Recreation. Highlights of 128 2024 include a national re-accreditation, IPRA Excellence in Resource Improvement Award for River 129 Heritage Park, 2025-2029 Comprehensive Parks & Recreation Master Plan, Bison & Calf sculpture at 130 Central Park, and playground improvements at Westermeier Commons, Carey Grove, Inlow and West Parks. 131 There were 685,002 visitors to the Monon Center and Waterpark, 162,307 program participants, $102,344 in 132 scholarships awarded, 7,271 camp participants and 2,611 volunteer hours. CCPR is always looking for more 133 after-school counselors, which would enable the program to increase the number of kids that can participate. 134 2024 yielded $14.0 million in gross revenue, the highest in the history of the park system. Cost recovery rate 135 was 116%, year-end cash reserves were 80%. Last year, construction began on Hazel Landing Park’s 136 Pedestrian Bridge. Councilor Minnaar asked Mr. Klitzing when the Trailway along the Whiter River will 137 open to the public. He responded that he hopes it will be in the fall of this year. We will strive for earlier, but 138 the weather has to cooperate. Councilor Snyder pointed out that the nationwide average cost recovery rate for 139 parks and recreation departments that are not funded by endowments is around 7%, so to have a cost 140 recovery rate of 116% is outstanding. Councilor Taylor stated that 2020 was a very tough year, and it’s 141 important to note that it was because of the year-end cash reserves the Park Department had going into that 142 year, that they were able to fund a $1.5 million dollar loss of revenue without having to come to the Council 143 or the Township to ask for additional appropriations to cover those losses. 144 145 OLD BUSINESS 146 147 Council President Aasen announced the seventh reading of Ordinance D-2741-24; An Ordinance of the 148 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 149 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. This item returns from the 150 Finance, Utilities and Rules Committee. Zac Jackson, Carmel CFO, explained the amendments that were 151 made during the Finance Committee meeting earlier today. The first change pertains to the moving of funds 152 in a budget within the same category. Previously, we could only move $25,000.00 at a time, with up to 153 4 $50,000.00 total being moved. Now we will be able to move a total of $50,000.00 at once, eliminating the 154 unnecessary step of splitting it in half and moving two halves on different days. The second change pertains 155 to the Chart of Accounts and budget forms. If the CFO makes any changes to the Chart of Accounts, he will 156 report that to Council before the next meeting, and Council will also still have the authority to direct the CFO 157 to make a change to the Chart of Accounts. The CFO will be in charge of budget forms, and any time those 158 are changed, he will present those to Council, at least annually. Lastly, encumbrances will be allowed to roll 159 into the next year in specific circumstances, such as when we have a purchase order for work that has been 160 contracted, but not finished, or not paid for yet. When the Clerk’s office, the Court, or the Council have 161 encumbrance requests, those will be sent to the Controller’s office to be compiled, but the Controller’s office 162 will not get to make a judgement on those encumbrances for these separately elected offices. Councilor 163 Locke asked how many of the $25,000.00 - $50,000.00 transfers are made per year. Mr. Jackson answered 164 that it is probably a few dozen. Councilors Snyder and Joshi both commended Mr. Jackson on being so 165 receptive to the feedback from the Council during the budgeting process, and both agreed that this cleanup is 166 exactly what was needed and will make the budget process go more smoothly this year. Councilor Green 167 moved to amend the ordinance according to the changes listed. Councilor Snyder seconded. There was no 168 discussion. Council President Aasen called for the vote. Motion to Amend approved, 9-0. Councilor Green 169 moved to approve the amended ordinance. Councilor Joshi seconded. Councilor Green thanked Mayor 170 Finkam for hiring Zac Jackson as the Chief Financial Officer, and he thanked Zac for working to standardize 171 the budgeting processes and for bringing more oversight, accountability and transparency. There was no 172 further discussion. Council President Aasen called for the vote. Ordinance D-2741-24 approved as 173 amended, 9-0. 174 175 Council President Aasen announced the third reading of Ordinance Z-694-24; An Ordinance of the 176 Common Council of the City of Carmel, Indiana, Establishing The Towne 146 Planned Unit Development 177 District; Sponsor: Councilor Minnaar. Councilor Snyder stated that in his career he has never seen a 178 developer bring forward a plan, listen to the constituents, and then change the plan accordingly, as drastically 179 as Lennar has done. He also thanked the Plan Commission and Jon Dobosiewicz and Jim Shinaver of Nelson 180 & Frankenberger. This item returns from the Land Use and Special Studies Committee with a unanimous 181 positive recommendation. Jon Dobosiewicz then explained that the plan was changed to remove the 182 townhome product altogether, reducing the density from 87 homes to 50. The new home product type 183 provides bedrooms with full baths on the main level, 80% of which are primary bedrooms, and they’re priced 184 from the mid $600’s. The development will also have rental restrictions. Councilor Taylor asked how we 185 will ensure that there will be a first-floor bedroom in each home. Mr. Dobosiewicz answered that it is 186 required as listed in Exhibit E to the ordinance. Councilor Minnaar thanked Lennar, and stated she was 187 especially thankful for the rental restrictions which will prohibit institutional buyers from coming in and 188 buying these homes up to turn them into rentals. Councilor Minnaar moved to amend the ordinance. Council 189 President Aasen asked if there were any more comments. Councilor Worrell commended the Land Use 190 Committee for running a meeting where it was possible to ask what it is that the community wants, and then 191 asked Lennar to find a way for it to be possible to remove the townhomes. The result is that we now have a 192 product that produces churn. Empty nesters looking to downsize now have a place to go, which will open up 193 larger homes for new families. Council President Aasen echoed the importance of creating that churn. 194 Councilor Taylor then seconded the motion to amend the ordinance. Council President Aasen called for the 195 vote. Motion to Amend approved 9-0. Councilor Minnaar moved to approve the amended ordinance. 196 Councilor Joshi seconded. There was no further discussion. Council President Aasen called for the vote. 197 Ordinance Z-694-24 approved as amended, 9-0. 198 199 Council President Aasen announced the second reading of Ordinance D-2755-25; An Ordinance of the 200 Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 201 of the Carmel City Code; Sponsor(s): Councilors Aasen and Taylor. This returns from the Finance, Utilities 202 and Rules committee with a positive recommendation. Zac Jackson explained that this ordinance amends the 203 list of reports that come to Council to add a quarterly budget report from the Finance department. Councilor 204 5 Snyder asked if this will be an oral report. President Aasen stated that this is intended to be a written report, 205 and then Zac could take questions if there are any. Councilor Snyder moved to approve the ordinance. 206 Councilor Minnaar seconded. There was no further discussion. Council President Aasen called for the vote. 207 Ordinance D-2755-25 approved, 9-0. 208 209 PUBLIC HEARINGS 210 211 Council President Aasen announced the first reading of Ordinance D-2756-25; An Ordinance of the 212 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of 213 Funds from the Parks and Recreation Non-Reverting Capital Fund (Fund #103) to Line Item 4462000 Other 214 Structure Improvements; Sponsor(s): Councilor(s) Snyder and Taylor. Councilor Green moved to introduce 215 the item into business. Councilor Minnaar seconded. Councilor Taylor presented the item to Council. 216 Director Klitzing spoke about the four items on the agenda. He stated that Carmel Clay Parks and Recreation 217 received a $1 million grant from Hamilton County, and received what will ultimately be a $4 million grant 218 from the Central Indiana Regional Development Authority. This ordinance asks that through the resolutions 219 that are also on this agenda, the funds be transferred from the fund that receives all the City’s grants into the 220 Parks fund so that the funds may be used. This ordinance asks that Council appropriate and authorize the 221 expenditure of funds from those two grants. Council President Aasen then opened the public hearing at 7:17 222 p.m. Seeing no one who wished to address the Council, President Aasen closed the public hearing at 7:17 223 p.m. Councilor Snyder moved to suspend the rules and act on this tonight. Councilor Green seconded. There 224 was no discussion. Council President Aasen called for the vote. Motion to Suspend the Rules approved 9-0. 225 Councilor Joshi moved to approve the ordinance. Councilor Snyder seconded. There was no discussion. 226 Council President Aasen called for the vote. Ordinance D-2756-25 approved 9-0. 227 228 Council President Aasen announced the first reading of Ordinance D-2757-25; An Ordinance of the 229 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of 230 Funds from Parks and Recreation Impact Fee Fund (Fund #106) to Line Item 4460715 White River Corridor; 231 Sponsor(s): Councilor(s) Snyder and Taylor. Councilor Green moved to introduce the item into business. 232 Councilor Minnaar seconded. Councilor Snyder presented the item to Council. This ordinance also pertains 233 to what Director Klitzing had previously explained. Council President Aasen opened the public hearing at 234 7:19 p.m. Seeing no one who wished to address the Council, President Aasen closed the public hearing at 235 7:19 p.m. Councilor Taylor moved to suspend the rules and act on this tonight. Councilor Snyder seconded. 236 There was no discussion. Council President Aasen called for the vote. Motion to Suspend the Rules 237 approved, 9-0. Councilor Joshi moved to approve the ordinance. Councilor Green seconded. There was no 238 discussion. Council President Aasen called for the vote. Ordinance D-2757-25 approved, 9-0. 239 240 Council President Aasen announced the first reading of Ordinance D-2758-25; An Ordinance of the 241 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of 242 Funds from the Fire Department Budget (#1120) to Line Item 4112002 – Unscheduled Overtime; 243 Sponsor(s): Councilor(s) Taylor, Snyder and Aasen. Councilor Taylor moved to introduce the item into 244 business. Councilor Green seconded. Councilor Taylor presented the item to Council. Carmel Fire Chief Joel 245 Thacker explained that the International Association of Firefighters (IAFF) has completed a study of the 246 staffing needs for current and future stations for the city of Carmel, the results of which clearly indicate that 247 additional equipment, facilities and personnel are needed to provide increased Fire and EMS services to the 248 West side of Carmel, and that specifically an additional ambulance should be placed at Station 42. We 249 already have the ambulance. This ordinance will put that ambulance into service, and staff Station 42 with 250 two additional firefighters per shift, a total of six firefighters. Councilors Snyder and Taylor spoke in favor of 251 this ordinance. Councilor Green asked if they will be utilizing existing personnel in the short term. Chief 252 Thacker stated that we will. There are ten recruits in school right now, but they won’t be ready for six 253 months. Councilor Green asked if this $800,000.00 request was reflected in the budget report, and Zac 254 Jackson responded that this appropriation has not been deducted yet. Councilor Joshi asked about the staffing 255 6 numbers. Chief Thacker stated that Station 42 usually has 4 firefighters per shift, so this would increase to 256 six per shift. Councilor Worrell spoke in favor of this ordinance. Councilor Snyder asked if we could look at 257 the Ambulance Fund going forward, so that spending money out of it would be a less cumbersome process. 258 Councilor Taylor stated that the Finance Committee could start looking at that. Mayor Finkam thanked our 259 IAFF partners for helping us get this study done. Council President Aasen opened the public hearing at 7:35 260 p.m. Sean Sutton, President of the Carmel Professional Firefighters, spoke in favor of this ordinance, and 261 thanked the Mayor and the City Council for supporting this. He stated that this is needed and will 100% save 262 lives. Seeing no one else who wished to address the Council, President Aasen closed the public hearing at 263 7:37 p.m. Councilor Snyder moved to suspend the rules and act on this tonight. Councilor Minnaar seconded. 264 There was no discussion. Council President Aasen called for the vote. Motion to Suspend the Rules 265 approved, 9-0. Councilor Snyder moved to approve the ordinance. Councilor Joshi seconded. There was no 266 discussion. Council President Aasen called for the vote. Ordinance D-2758-25 approved, 9-0. 267 268 NEW BUSINESS 269 270 Council President Aasen announced the first reading of Ordinance D-2759-25; An Ordinance of the 271 Common Council of the City of Carmel, Indiana, Amending Chapter 5, Article 1, Sections 5-3 and 5-4 of the 272 Carmel City Code; Sponsor(s): Councilor(s) Taylor and Snyder. Councilor Snyder moved to introduce the 273 item into business. Councilor Green seconded. Councilor Snyder presented the item to Council. Director 274 Klitzing explained that Park rules that have been updated by the Park Board have not been written into City 275 Code. This matters because CCPR has entered into an agreement with the Carmel Police Department to 276 provide two Park Resource Officers. These rules need to codified so that they are enforceable by those 277 officers. Councilor Worrell asked about rules regarding e-bikes. Director Klitzing responded that this 278 ordinance does not specifically address e-bikes, which is part of a bigger conversation, but it does make the 279 speed limit on the Monon uniformly 15 miles per hour, and there will be signage indicating this. Councilor 280 Snyder spoke about doing a special study of micro-mobility. Mayor Finkam stated that the transportation 281 study may have some helpful insights on that. Councilor Green moved to suspend the rules and act on this 282 tonight. Councilor Snyder seconded. There was no discussion. Council President Aasen called for the vote. 283 Motion to Suspend the Rules approved, 9-0. Councilor Joshi moved to approve the ordinance. Councilor 284 Green seconded. There was no discussion. Council President Aasen called for the vote. Ordinance D-2759-285 25 approved, 9-0. 286 287 Council President Aasen announced the first reading of Ordinance D-2760-25; An Ordinance of the 288 Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-47 of the Carmel 289 City Code; Sponsor(s): Councilor(s) Aasen and Worrell. Councilor Green moved to introduce the item into 290 business. Councilor Snyder seconded. Councilor Worrell presented the item to Council. This item changes 291 city code to say that parking will not be allowed on either side of the street on Randall Drive. Councilor 292 Snyder made a motion to suspend the rules and act on this tonight. Councilor Worrell seconded. There was 293 no discussion. Council President Aasen called for the vote. Motion to Suspend the Rules approved, 9-0. 294 Councilor Worrell moved to approve the ordinance. Councilor Snyder seconded. There was no discussion. 295 Council President Aasen called for the vote. Ordinance D-2760-25 approved, 9-0. 296 297 Council President Aasen announced the first reading of Ordinance D-2762-25; An Ordinance of the 298 Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-299 48 of the Carmel City Code; Sponsor: Councilor Aasen. Councilor Worrell moved to introduce the item into 300 business. Councilor Minnaar seconded. Councilor Worrell presented the item to Council. Brad Pease, 301 Director of Engineering, explained that this ordinance would create 15-minute parking spaces at the 302 beginning of each block on Main Street from Knoll Court to 1st Street SE, and would remove inconsistencies 303 and duplications of code. Councilor Green asked about the status of the parking study that’s currently being 304 done. Director Pease stated that it’s just getting started and will last about six months. This item was sent to 305 the Land Use and Special Studies Committee for further discussion. 306 307 7 Council President Aasen announced Resolution CC-02-03-25-01; A Resolution of the Common Council of 308 the City of Carmel, Indiana, Approving Certain Matters in Connection with the Legacy Project Economic 309 Development Area (Legacy II Allocation Area); Sponsor(s): Councilor(s) Aasen and Minnaar. Councilor 310 Minnaar moved to introduce the item into business. Councilor Green seconded. Councilor Minnaar presented 311 the item to Council. Henry Mestetsky explained TIF bond votes versus allocation area votes. He then 312 explained all four allocation areas to be voted on. Councilor Snyder asked about where TIF funds can be 313 spent. Mr. Mestetsky replied that there are rules stating that a portion of the funds must be used on the actual 314 parcel. In order to create a new allocation area you have to both benefit the site, and if you’re using parts of 315 that somewhere else, it still has to benefit the area. Councilor Green asked if there are any risks to 316 prematurely establishing an allocation area. Director Mestetsky stated that there are not. Council President 317 Aasen clarified that just because an allocation area is created, this doesn’t approve a project. The bond would 318 create the project, and that would be approved at a later date. Councilor Snyder moved to approve the 319 resolution. Councilor Taylor seconded. There was no discussion. Council President Aasen called for the 320 vote. Resolution CC-02-03-25-01 approved, 9-0. 321 322 Council President Aasen announced Resolution CC-02-03-25-02; A Resolution of the Common Council of 323 the City of Carmel, Indiana, Approving Certain Matters in Connection with the 106th and Illinois Economic 324 Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar. Councilor Minnaar moved to introduce the 325 item into business. Councilor Green seconded. Councilor Minnaar presented the item to Council. Councilor 326 Snyder moved to approve the resolution. Councilor Minnaar seconded. There was no discussion. Council 327 President Aasen called for the vote. Resolution CC-02-03-25-02 approved, 9-0. 328 329 Council President Aasen announced Resolution CC-02-03-25-03; A Resolution of the Common Council of 330 the City of Carmel, Indiana, Approving Certain Matters in Connection with the Clay Terrace Economic 331 Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar. Councilor Green moved to introduce the 332 item into business. Councilor Minnaar seconded. Councilor Minnaar presented the item to Council. 333 Councilor Snyder moved to approve the resolution. Councilor Ayers seconded. There was no discussion. 334 Council President Aasen called for the vote. Resolution CC-02-03-25-03 approved, 9-0. 335 336 Council President Aasen announced Resolution CC-02-03-25-04; A Resolution of the Common Council of 337 the City of Carmel, Indiana, Approving Certain Matters in Connection with the BJ’s Wholesale Economic 338 Development Area; Sponsor(s): Councilor(s) Aasen and Minnaar. Councilor Minnaar moved to introduce the 339 item into business. Councilor Green seconded. Councilor Minnaar presented the item to Council. Councilor 340 Snyder moved to approve the resolution. Councilor Minnaar seconded. There was no discussion. Council 341 President Aasen called for the vote. Resolution CC-02-03-25-04 approved, 9-0. 342 343 Council President Aasen announced Resolution CC-02-03-25-05; A Resolution of the Common Council of 344 the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the Parks 345 and Recreation Impact Fee Fund (#106); Sponsor(s): Councilor(s) Snyder and Taylor. Councilor Snyder 346 moved to introduce the item into business. Councilor Minnaar seconded. Councilor Snyder presented the 347 item to Council. Councilor Taylor moved to approve the resolution. Councilor Minnaar seconded. There was 348 no discussion. Council President Aasen called for the vote. Resolution CC-02-03-25-05 approved, 9-0. 349 350 Council President Aasen announced Resolution CC-02-03-25-06; A Resolution of the Common Council of 351 the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the Parks 352 and Recreation Non-Reverting Capital Fund (#103); Sponsor(s): Councilor(s) Snyder and Taylor. Councilor 353 Joshi moved to introduce the item into business. Councilor Green seconded. Councilor Snyder presented the 354 item to Council. Councilor Taylor moved to approve the resolution. Councilor Minnaar seconded. There was 355 no discussion. Council President Aasen called for the vote. Resolution CC-02-03-25-06 approved, 9-0. 356 357 Council President Aasen announced Resolution CC-02-03-25-07; A Resolution of the Common Council of 358 the City of Carmel, Indiana, Recommending Consideration of an Amendment to the Unified Development 359 8 Ordinance for the City and Referring the Same to the Carmel Plan Commission for Recommendation; 360 Sponsor(s): Councilor(s) Aasen, Snyder and Taylor. Councilor Green moved to introduce the item into 361 business. Councilor Snyder seconded. Councilor Taylor presented the item to Council. Ted Nolting of 362 Kroger Gardis & Regas drafted this ordinance, and explained that this ordinance does four things. First, it 363 puts a licensing requirement on group homes. Second, it puts the authority into the hands of the Board of 364 Zoning Appeals to consider these applications. Third, it would limit group homes to a maximum of eight 365 people within residential districts. Fourth, it would prohibit any group home from being within 3,000 feet of 366 another group home within a residential district. There happens to be a lawsuit pending with the Indiana 367 Supreme Court regarding licensing requirements of group homes and we expect a decision any day. For that 368 reason, Mr. Nolting recommended this item be tabled until the decision is made. Councilors discussed the 369 ramifications of putting a commercial enterprise into a residential area and trying to regulate group homes 370 without discriminating. This item was sent to the Land Use and Special Studies Committee. 371 372 Council President Aasen announced Resolution CC-02-03-25-08; A Resolution of the Common Council of 373 the City of Carmel, Indiana, Approving the 2025-2026 Contract with the Carmel Fraternal Order of Police 374 Lodge 185; Sponsor: Councilor Aasen. Councilor Minnaar moved to introduce the item into business. 375 Councilor Green seconded. Councilor Taylor presented the item to Council. Mayor Finkam thanked Council 376 for considering this item, but asked that they please hold it until the IAFF contract comes their way so 377 Council can see them together. This item was sent to the Finance, Utilities and Rules Committee. 378 379 AGENDA ADD-ON ITEMS 380 381 Councilor Snyder moved to add one item to the agenda. Councilor Green seconded. There was no discussion. 382 Council President Aasen called for the vote. Adding Item to the Agenda approved, 9-0. Council President 383 Aasen read the memorandum explaining Ordinance D-2763-25, which asks for a salary increase for 384 positions within the Legal department in order to be competitive with other municipalities and retain current 385 talent. Zac Jackson explained further the reasoning for this request. Councilors Locke, Worrell, Joshi, 386 Taylor, and Snyder all spoke in favor of this item. Councilor Snyder moved to suspend the rules and act on 387 this tonight. Councilor Joshi seconded. There was no discussion. Council President Aasen called for the vote. 388 Motion to Suspend the Rules approved, 9-0. Councilor Snyder moved to approve the ordinance. Councilor 389 Taylor seconded. There was no further discussion. Council President Aasen called for the vote. Ordinance 390 D-2763-25 approved, 9-0. 391 392 OTHER BUSINESS 393 394 Council President Aasen announced 2024 Encumbrances in 2025 - $20,321,019.67. This is a request for 395 acknowledgement by the Council. Councilor Locke asked if these encumbrances followed the new rules of 396 requiring a specific reason for being carried into the new year. Zac Jackson responded that they all did. 397 Councilor Snyder moved to acknowledge the encumbrances. Councilor Taylor seconded. There was no 398 discussion. Council President Aasen called for the vote. 2024 Encumbrances in 2025 acknowledged, 9-0. 399 400 Council President Aasen announced Legal Services Agreement – Kroger Gardis & Regas, LLP. This is 401 the 2025 contract with the City Council’s outside counsel. Councilor Snyder moved to approve the contract. 402 Councilor Green seconded. There was no discussion. Council President Aasen called for the vote. Legal 403 Services Agreement – Kroger Gardis & Regas, LLP approved, 9-0. 404 405 City Council Appointments 406 407 1. Carmel Advisory Committee on Disability (Terms expire 12/31/2026, two-year terms); Two 408 appointments. Councilor Green nominated Melissa Keyes and Josh Marraccini. Councilor Taylor 409 seconded. Councilor Green moved to close the nominations. Councilor Snyder seconded. Councilor 410 Green stated that there were three very qualified candidates, and he asked that Dr. William Bennett, 411 9 who was not chosen at this time, please be considered for a future appointment. Councilor Worrell 412 asked if we could vote on all three or if the nominating committee had voted. Councilor Green stated 413 that we would have to go through a formal process, such as a resolution, to give the formal nominating 414 committee legal authority. Ted Nolting stated that a committee must be formed through a formal 415 resolution. At this time there is not a committee, just a working group. Councilor Aasen called for the 416 vote to close nominations. Nominations closed, 7-2. (Worrell and Joshi abstained.) Josh Marraccini 417 introduced himself to Council and shared his background and qualifications. Council President Aasen 418 called for the vote on Melissa Keyes’ nomination. Nomination of Melissa Keyes approved, 7-2. 419 (Worrell and Joshi abstained.) Council President Aasen called for the vote on Josh Marraccini’s 420 nomination. Nomination of Josh Marraccini approved, 7-2. (Worrell and Joshi abstained.) 421 422 2. Affiliate Review Committee (Three appointments). Councilor Green nominated Ryan Locke, Teresa 423 Ayers and Shannon Minnaar. Councilor Taylor moved to close nominations. Councilor Green 424 seconded. Council President Aasen called for the vote. Nominations closed, 9-0. Council President 425 Aasen called for the vote on Ryan Locke’s nomination. Nomination of Ryan Locke approved, 8-1. 426 (Locke abstained.) Council President Aasen called for the vote on Teresa Ayers’ nomination. 427 Nomination of Teresa Ayers approved, 7-2. (Ayers and Snyder abstained.) Council President Aasen 428 called for the vote on Shannon Minnaar’s nomination. Nomination of Shannon Minnaar approved, 7-429 2. (Minnaar and Snyder abstained.) 430 431 Request to Approve Mayoral Nomination 432 433 Council President Aasen announced the Mayoral nomination of Kelly Baskett to the Carmel Historic 434 Preservation Commission (Term expires 12/31/27, three year term.) Councilor Minnaar moved to approve 435 the nomination. Councilor Joshi seconded. There was no discussion. Council President Aasen called for the 436 vote. Nomination of Kelly Baskett approved, 9-0. 437 438 ANNOUNCEMENTS 439 440 There were none. 441 442 ADJOURNMENT 443 444 Council President Aasen adjourned the meeting at 8:54 p.m. 445 446 Respectfully Submitted, 447 448 _______________________________ 449 Jacob Quinn, Clerk 450 451 452 Approved, 453 454 455 ATTEST: _______________________________ 456 Adam Aasen, Council President 457 458 _______________________________ 459 Jacob Quinn, Clerk 460 461 Books Are Only the Beginning Main Library 425 E Main Street A dynamic collection of items to check out; collaborative spaces for work, study, and meetings; informative and entertaining events Digital Media Lab @ the Main Library 3D Printing Audio & Video Recording Rooms Creative Software Joyce Winner West Branch 12770 Horseferry Road An express collection of books and movies, convenient holds pickup, and comfortable work spaces carmelclaylibrary.org | 317.814.3900 Free access to popular resources like LinkedIn Learning, Ancestry, streaming movies, and digital magazines Over 2 million annual checkouts, 25% of them digital Over 1,600 visitors each day 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 “§ 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 “§ 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 “§ 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 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 5 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 6 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 10 _________________________________ 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 405 406 407 408 Prepared by: Ted W. Nolting 409 Kroger Gardis & Regas, LLP 410 111 Monument Circle Ste. 900 411 Indianapolis, IN 46204 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 EXHIBIT “A” 440 441 11 442 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 12 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 1 2 3 4 5 6 7 8 Agreement Between 9 City of Carmel 10 And 11 Fraternal Order of Police Lodge #185 12 13 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 Page | 6 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 Page | 7 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 Page | 8 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 Page | 9 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 Page | 10 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 Page | 13 • 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 Page | 14 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 Page | 15 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 Page | 16 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 Page | 17 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 Page | 19 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 Page | 21 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 Page | 22 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 Page | 24 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 Page | 25 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 Page | 26 586 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 SPONSOR: Councilor Taylor This Resolution was prepared by Sergey Grechukhin, Deputy Corporation Counsel/Transactions Chief, on 02-06-25 at 10:39 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. CC 02-17-25-01 1 2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 EXPRESSING INTEREST IN THE PURCHASE OF CERTAIN PROPERTIES VALUED AT 4 OVER $25,000.00 AND ASSOCIATED WITH CITY IMPROVEMENT PROJECTS 5 6 Synopsis: Authorizes the purchase of certain properties valued at more than $25,000.00 that are 7 necessary for various road and multiuse path improvement projects. 8 9 WHEREAS, prior to the City’s purchase of certain land or structures valued at over Twenty-Five 10 Thousand Dollars ($25,000.00), Indiana Code 36-1-10.5 requires the Common Council to indicate by 11 resolution the City’s interest in purchasing same; and 12 13 WHEREAS, the City has determined that some properties it is interested in purchasing as part of 14 City improvement projects may exceed Twenty-Five Thousand Dollars ($25,000.00) in value. 15 16 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, 17 Indiana, that: 18 19 Section 1. The foregoing Recitals are incorporated herein by this reference. 20 21 Section 2. The City of Carmel, Indiana, is interested in purchasing the properties, or a portion 22 thereof, that may be valued in excess of Twenty-Five Thousand Dollars ($25,000.00) and which are 23 associated with City road improvement projects that are described and depicted in Exhibit A, which is 24 attached hereto and incorporated herein by this reference. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Resolution CC 02-17-25-01 43 Page One of Two Pages 44 45 SPONSOR: Councilor Taylor This Resolution was prepared by Sergey Grechukhin, Deputy Corporation Counsel/Transactions Chief, on 02-06-25 at 10:39 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this _______ day of 46 ___________________, 2025 by a vote of _____ ayes and _____ nays. 47 48 COMMON COUNCIL FOR THE CITY OF CARMEL 49 50 ___________________________________ ____________________________________ 51 Adam Aasen, President Matthew Snyder, Vice-President 52 53 ___________________________________ ____________________________________ 54 Jeff Worrell Teresa Ayers 55 56 ___________________________________ ____________________________________ 57 Shannon Minnaar Anita Joshi 58 59 ___________________________________ ___________________________________ 60 Ryan Locke Anthony Green 61 62 ___________________________________ 63 Rich Taylor 64 65 ATTEST: 66 67 __________________________________ 68 Jacob Quinn, Clerk 69 70 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 71 _________________________ 2025, at ________ __.M. 72 73 ____________________________________ 74 Jacob Quinn, Clerk 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 77 ________________________ 2025, at _________ __.M. 78 79 ____________________________________ 80 Sue Finkam, Mayor 81 ATTEST: 82 83 ___________________________________ 84 Jacob Quinn, Clerk 85 86 87 88 89 90 Resolution CC 02-17-25-01 91 Page Two of Two Pages 92 93