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HomeMy WebLinkAbout04.21.25 CC Meeting Paperless Packet1 City of Carmel CARMEL COMMON COUNCIL MEETING AGENDA MONDAY, APRIL 21, 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. March 17, 2025 Regular Meeting 2. April 3, 2025 Special Meeting – Claims 3. April 3, 2025 Special Emergency Meeting 4. April 7, 2025 Special Emergency Meeting b. Claims 1. Payroll – $4,225,024.61 2. General Claims – $1,727,617.07 3. Wire Transfer – $4,542,758.00 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. Fifth 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. Remains in 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. Remains in 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. Third Reading of Ordinance D-2767-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-96 of the Carmel City Code; Sponsor(s): Councilor(s) Taylor and Snyder. Sent to the Finance, Utilities and Rules Committee. Synopsis: Amendment to the Ordinance regulating the Ambulance Capital Fund. 3 13. PUBLIC HEARINGS 14. NEW BUSINESS a. First Reading of Ordinance D-2768-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-47 and 8-48 of the Carmel City Code; Sponsor(s): Councilor(s) Taylor and Ayers. Synopsis: Ordinance amending the regulation of parking on 1st Avenue S.E. and Supply Street. b. First Reading of Ordinance D-2769-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-63 of the Carmel City Code; Sponsor(s): Taylor and Ayers. Synopsis: Ordinance amending the fine for failing to display a valid permit for motor vehicle parking on a city sidewalk, multi-use path, or bicycle lane. c. First Reading of Ordinance D-2770-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a New Article 6 Under Chapter 4 of the Carmel City Code; Sponsor(s): Councilor(s) Aasen, Taylor, Snyder and Ayers. Synopsis: An Ordinance adopting requirements that owners of residential rental dwellings register and obtain a permit before letting a residential rental dwelling and; limits the number of authorized residential dwelling permits to ten percent of all homes within any subdivision or the City of Carmel as whole. 15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS a. City Council Appointments 1. Carmel Clay Public Library Board of Trustees (Term expires 06/30/2029, four-year term); One appointment. 17. ANNOUNCEMENTS 18. ADJOURNMENT 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 MEETING MINUTES 4 MONDAY, MARCH 17, 2025 – 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: Ryan Locke, Teresa Ayers, Matthew Snyder, Rich 10 Taylor, Jeff Worrell, Anita Joshi, Anthony Green and Deputy Clerk Jessica Komp were present. 11 Councilor Shannon Minnaar attended virtually. 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 7-0. (Councilor Snyder abstained, as he had just arrived, and Councilor Minnaar’s 18 audio could not be heard.) 19 20 INVOCATION 21 22 Reverend Gale Stutz of Carmel Christian Church delivered the invocation. 23 24 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 25 26 Three new Carmel Police Officers were sworn in by Mayor Sue Finkam. Congratulations to Austin Holtz, 27 Codey Woerdeman, and Julia Arruda. 28 29 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 30 31 Kay Gaither spoke to the Council about the Nominating Committee. Kay expressed her displeasure with the 32 decision to not have a nominating committee for the selection of appointees to city boards/commissions and 33 committees, but to rather have applications accepted through the city website. She stated that she had hoped 34 the nominating committee would bring in a larger pool of applicants from varying backgrounds, but it now 35 seems that nominations will continue to lack openness and transparency, as they have in the past. 36 37 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 38 39 Selina Rodda, 5th grade student at Forest Dale Elementary School, gave the Mayor’s Report to Council. Last 40 week Mayor Finkam went to Washington, D.C., to meet with Indiana’s U.S. Senators and Representatives. 41 They talked about what is working well in our city, what challenges we face, and new ideas to make our city 42 better. The Mayor also recently met with leaders of nearby communities to discuss our growth, our local 43 economy, and bringing new businesses into our area to create more jobs. The Mayor also joined meetings 44 with the national leaders of cities to discuss housing issues and federal changes that might affect Carmel. 45 Currently, two federal grants are on hold, but the Mayor’s team is monitoring them closely. Mayor Finkam is 46 working hard with the city’s leaders to make city services better while keeping costs down for the residents. 47 48 2 Councilor Worrell stated that the At-Large City Councilors are holding a Town Hall meeting at 7:00 p.m. 49 this Thursday, March 20, 2025, at Carmel Middle School. There will be presentations from city directors, 50 and questions will be taken. 51 52 CONSENT AGENDA 53 54 Councilor Snyder moved to approve the consent agenda. Councilor Taylor seconded. There was no 55 discussion. Council President Aasen called for the vote. The consent agenda was approved 8-0. (Councilor 56 Minnaar’s audio could not be heard.) 57 58 a. Approval of Minutes 59 60 1. March 3, 2025 Regular Meeting 61 62 b. Claims 63 64 1. Payroll – $4,171,992.93 (3/7/25 payroll), $219,480.95 (uniform allowance), 65 $139,406.96 (CPD sick vacation payout), $196,826.06 (CFD sick vacation payout) 66 2. General Claims – $2,493,513.70 67 3. Retirement – $126,308.06 (2/1/25 Payroll) and $126,308.06 (3/1/25 Payroll) 68 4. Wire Transfer – $1,559,874.46 69 70 ACTION ON MAYORAL VETOES 71 72 There were none. 73 74 COMMITTEE REPORTS 75 76 Councilor Taylor reported that the Finance, Utilities and Rules Committee had met on Tuesday, March 11th. 77 Chief Thacker and EMS Chief Young shared how our rates for basic and advanced life-saving services 78 compare to the surrounding cities. They will return to the next Finance Committee meeting with some 79 recommended changes to those rates. 80 81 Councilor Snyder reported that the Land Use and Special Studies Committee will meet this Wednesday, 82 March 19th, to discuss the UDO, and to begin the discussion on micromobility. 83 84 OTHER REPORTS – (at the first meeting of the month specified below): 85 86 Councilor Locke spoke about how the Climate Action Advisory Committee aims to support the city staff in 87 its undertaking of climate friendly initiatives. He also stated that the Climate Action portal is live on the 88 internet for the public to use. Next, Tony Reck gave the quarterly report for the Climate Action Advisory 89 Committee. Mr. Reck shared the key accomplishments of 2024 for the six strategies that the committee 90 chose to focus on. The Carmel Clay Public Library and Carmel Clay Parks and Recreation have both taken 91 steps to reduce their carbon footprint. They’ve installed solar panels, and created energy efficiencies within 92 their buildings. The Parks department also went through a guaranteed energy savings program. The Carmel 93 Wastewater Treatment Plant has installed solar panels on both the east and west sides, as well as a forced air 94 energy recovery system and lighting upgrades. We don’t have the funds or manpower to complete a climate 95 vulnerability assessment at this time. We did one back in 2018,which gave us the benchmark. A new 96 assessment needs to be done for comparison. The education subcommittee that we formed met in December 97 and chose topics to focus on in terms of how they are going to deliver educational opportunities and 98 information to the general public. We had a Fellow from IU that worked for the Climate Action group to 99 design our webpage, which was a tremendous help. Carmel Utilities is in the position now to start monitoring 100 3 irrigation. This means that we can show HOA’s, which often have minimum lawn watering requirements, 101 that overwatering is not needed. The electricity used to move water from point A to point B is the largest 102 source of our carbon emissions. Mo McReynolds, the head of the Indianapolis Office of Sustainability, came 103 to the last meeting of the Climate Action Advisory Committee. She shared how they look at their energy use 104 in built environments, and that they now require every Indy building larger than 50,000 square feet to report 105 its carbon footprint, due to a passed ordinance. 106 107 Councilor Aasen thanked Mr. Reck for explaining the dashboard. Councilor Taylor noted that the Parks’ 108 guaranteed energy savings program not only created efficiencies and savings from reduced energy costs, but 109 those savings enabled the funding of improvements, which in turn, did not have to be funded by the 110 taxpayers. 111 112 OLD BUSINESS 113 114 Council President Aasen announced the fourth reading of Ordinance D-2762-25; An Ordinance of the 115 Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-116 48 of the Carmel City Code; Sponsor: Councilor Aasen. This item remains in the Land Use and Special 117 Studies Committee. 118 119 Council President Aasen announced Resolution CC-02-03-25-07; A Resolution of the Common Council of 120 the City of Carmel, Indiana, Recommending Consideration of an Amendment to the Unified Development 121 Ordinance for the City and Referring the Same to the Carmel Plan Commission for Recommendation; 122 Sponsor(s): Councilor(s) Aasen, Snyder and Taylor. This item remains in the Land Use and Special Studies 123 Committee. 124 125 Council President Aasen announced the second reading of Ordinance D-2767-25; An Ordinance of the 126 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-96 of the Carmel 127 City Code; Sponsor(s): Councilor(s) Taylor and Snyder. This remains in the Finance, Utilities and Rules 128 Committee. 129 130 PUBLIC HEARINGS 131 132 Council President Aasen announced the first reading of Ordinance D-2766-25; An Ordinance of the 133 Common Council of the City of Carmel, Indiana Authorizing and Approving an Additional Appropriation of 134 $17,600.00 from the General Fund (#101) to the 2025 Marketing and Community Relations Budget (#1203); 135 Sponsor(s): Councilors Taylor and Minnaar. Councilor Taylor moved to introduce the item into business. 136 Councilor Green seconded. Councilor Taylor presented the item to Council. Zac Jackson, City CFO, 137 explained that this will cover the expense of a part-time employee while another employee is taking Family 138 Medical Leave. Councilor Snyder asked about the recent update to the city’s FMLA policy to include paid 139 new parent leave, and stated that he supports this. Council President Aasen asked about the $17,600.00, and 140 how many hours per week this represents, for how long. Kelly Douglas, Director of Marketing and 141 Community Relations, stated that this amount represents $20.00 per hour, for up to 20 hours per week. This 142 amount also includes the benefits needed for part-time work. The period of time is from now up until the end 143 of the year, although that much time might not be needed. Councilor Minnaar asked when this part-time 144 position would end. Ms. Douglas responded that we do anticipate that the employee taking FMLA will 145 return, but they might need additional assistance initially. Councilor Snyder asked if $20.00 per hour is 146 enough to hire a person with the right credentials to fill this role. Ms. Douglas answered that the core 147 competencies of events planning will be handled by existing team members, and that this role will fill the 148 hours needed to work at events on weekends and other times when they will be short-staffed without the 149 regular employee. Council President Aasen then opened up the public hearing at 6:44 p.m. Seeing no one 150 who wished to speak, the public hearing was closed at 6:44 p.m. Councilor Green moved to suspend the rules 151 4 and act on this tonight. Councilor Snyder seconded. There was no discussion. Council President Aasen called 152 for the vote. Motion to Suspend the Rules approved, 9-0. Councilor Green moved to approve the ordinance. 153 Councilor Joshi seconded. There was no discussion. Council President Aasen called for the vote. Ordinance 154 D-2766-25 approved, 9-0. 155 156 NEW BUSINESS 157 158 Council President Aasen announced Resolution CC-03-17-25-01; A Resolution of the Common Council of 159 the City of Carmel, Indiana Approving a Transfer of Funds Between the Grant Fund (#900) and the 160 Ambulance Capital Fund (#102); Sponsor(s): Councilor(s) Taylor, Joshi and Minnaar. Councilor Joshi 161 moved to introduce the item into business. Councilor Taylor seconded. Councilor Joshi presented the item to 162 Council. Fire Chief Joel Thacker explained that the $5,000.00 is a grant from the county to help reimburse 163 for the purchase of a Lucas device, which is a mechanical aid for CPR. We currently have one that we’ve 164 purchased and one on loan. We are looking to buy one for each of the Fire Department’s ambulances. These 165 devices are game changers, it’s like having an extra person at an emergency scene. In the first half of 2022, 166 our ROSC rate (Return of Spontaneous Circulation) was 28%, which is around the national average. After 167 the introduction of the Lucas device, that increased to 43%. In the second half of 2024, with two Lucas 168 devices in use, our ROSC rate increased to 59%. Councilor Joshi spoke in support of these devices, stating 169 that they are incredible for delivering high quality CPR. Councilor Snyder moved to approve the resolution. 170 Councilor Taylor seconded. There was no discussion. Council President Aasen called for the vote. 171 Resolution CC-03-17-25-01 approved, 9-0. 172 173 Council President Aasen announced Resolution CC-03-17-25-02; A Resolution of the Common Council of 174 the City of Carmel, Indiana Approving a Transfer of Funds Between the Grant Fund (#900) and the General 175 Fund (#101); Sponsor(s): Councilor(s) Taylor, Joshi and Minnaar. Councilor Taylor moved to introduce the 176 item into business. Councilor Green seconded. Councilor Joshi presented the item to Council. Chief Thacker 177 explained that we requested grant funds from the Indiana Department of Homeland Security for mobile 178 integrated health programs. Carmel submitted a program called Steady Steps: A Journey to Fall-Free Living. 179 This program aims to reduce the number of Senior falls. (1,100 of our annual 6,000 EMS calls are for falls.) 180 This transfer amount is a draw-down of the original $32,875.00 grant. This pays for Bruce Frost’s time in 181 putting this program together and the delivery of this program. We have to expend all of these funds by June 182 30th of this year, and we are on track to do so. Councilors Snyder and Locke spoke in support of this 183 program, stating that it is incredibly important. Councilor Tayor moved to approve the resolution. Councilor 184 Green seconded. There was no discussion. Council President Aasen called for the vote. Resolution CC-03-185 17-25-02 approved, 9-0. 186 187 AGENDA ADD-ON ITEMS 188 189 There were none. 190 191 OTHER BUSINESS 192 193 There was none. 194 195 ANNOUNCEMENTS 196 197 Councilor Snyder asked about reimbursing a gentleman for his donation to the Carmel Fund. Zac Jackson 198 clarified that this donation was for a peony garden. He stated that this $50,000.00 donation was placed in the 199 Promote Carmel checking account. $10,000.00 was sent to Newfields, per the donator’s request. We have the 200 liability of the remaining $40,000.00 still sitting in the Promote Carmel checking account. We have about 201 $15,000.00 of cash right now to apply towards that liability. Right now it looks like we might have to put in 202 5 about $25,000.00 - $30,000.00 to restore that. Mayor Finkam stated that since there was a tax benefit when 203 the money was donated, it is not so simple as just returning the money. 204 Councilor Snyder then spoke about the ambulance fund as it pertains to paying for things such as 205 decontamination units at the fire stations. As we go through the stations and retrofit them, these are the 206 critical needs that this fund should be paying for. It’s also much more cost effective to pay for these 207 decontamination units than to pay for cancer treatment later. 208 209 Councilor Joshi wished everyone a happy St. Patrick’s Day, Easter, Holi, and acknowledged that there are so 210 many celebrations happening throughout our community and we recognize that and we join you in your 211 celebrations. 212 213 ADJOURNMENT 214 215 Council President Aasen adjourned the meeting at 7:02 p.m. 216 217 Respectfully Submitted, 218 _______________________________ 219 Jacob Quinn, Clerk 220 221 222 Approved, 223 224 225 ATTEST: _______________________________ 226 Adam Aasen, Council President 227 228 _______________________________ 229 Jacob Quinn, Clerk 230 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 SPECIAL MEETING MINUTES 4 THURSDAY, APRIL 3, 2025 – 8:00 A.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6 7 8 Council President Adam Aasen, Councilors Shannon Minnaar, Ryan Locke, Matthew Snyder, Jeff 9 Worrell, Teresa Ayers, Anita Joshi, and Deputy Clerk Jessica Komp were present. 10 Councilors Rich Taylor and Anthony Green were not present. 11 12 Council President Aasen called the meeting to order at 8:00 a.m. 13 14 Council President Aasen gave a brief update regarding the tornado which touched down in Carmel the 15 previous evening, April 2, 2025. He reported that there had been no medical calls made to the Carmel 16 Police thus far. There were power outages, some still ongoing, and property damage. The Councilors 17 agreed to hold a meeting later today to update the public on the storm impact and clean-up efforts. 18 19 Rebecca Carl, Chief of Staff, gave an update from the Mayor. There was a tornado touchdown in Carmel 20 around Mohawk Trails Elementary School, which only had damage to trees. We lost power at three of the 21 wells on Hazel Dell. We had some minor issues at two lift-stations. The wastewater plant is good. We 22 now need to keep an eye on the stormwater for flooding issues. This will likely not be a FEMA disaster-23 eligible event, as damage will likely not reach the $100,000.00 threshold. But it is likely state disaster-24 eligible. The damage was not widespread, but where the tornado passed through there was significant 25 damage to those areas. Brookshire neighborhood was hit, as well as other neighborhoods. City Hall lost 26 power, but it has been restored. 27 28 Carmel Police Deputy Chief of Administration, D.J. Schoeff next gave an update. 111th and Penn is 29 closed, as well as Gray Road from Jennings to Main. The Street Department has done a fabulous job 30 already getting debris cleared. We have people still out today canvassing areas, and we also have drones 31 up to assess the damage. If people are unable to be in their homes, we recommend they call the non-32 emergency police line. At this time, Deputy Chief Schoeff was unaware of any calls that had been made 33 to the police by persons who were displaced with nowhere to go. It seems that many people are on 34 vacation at this time. 35 36 Fire Chief Joel Thacker called into the meeting to share an update from the Fire Department. We were 37 very fortunate that only one person had minor injuries from being struck by flying debris. We had no 38 other calls for injuries to the Fire Department. CFD joined CPD going around to different areas to assess 39 damage. We still have people without power at this time. If anyone is in need of oxygen or other health 40 needs, please reach out to the Carmel Fire Department for assistance. We’re working on a couple of 41 respite centers, if those are needed. We’re also working on a debris plan with the Street Department. If 42 you are unable to get out of your driveway, the Street Department can help with that. If you were in the 43 path of the tornado, you can put debris by the curb and the Street Department will pick it up. This will not 44 2 be a FEMA qualifying event, so if a State of Emergency is declared, that will be the first step in applying 45 to receive a 50% reimbursement from the State Disaster Relief Fund. Expenses pertaining to the clean-up 46 response for this disaster are being tracked. There will be a great deal of overtime hours worked by the 47 Street Department, as well as other city departments. A few businesses were heavily damaged, so we may 48 need to station police at those locations to prevent looting until those businesses can be secured. We want 49 citizens to stay away from the pockets of impact as Duke Energy continues to work to restore power. At 50 peak, about 4,000 were without power, we’re currently down to about 1,100. 51 52 The Councilors will meet later this afternoon, exact time still to be determined, to update the public on 53 recovery efforts. Department heads will be invited to share information. Everyone agreed that the 54 response already seen from Streets, Fire and Police has been exceptional. 55 56 57 CLAIMS 58 59 Councilor Minnaar moved to approve claims. Councilor Joshi seconded. There was no Council 60 discussion. Council President Aasen called for the vote. Claims were approved 7-0. 61 62 1. Payroll - $4,267,346.11 63 2. General Claims - $5,307,512.06 and $25,082.55 (Purchase Card) 64 3. Retirement - $126,308.06 65 66 ADJOURNMENT 67 68 Council President Aasen adjourned the meeting at 8:28 a.m. 69 70 Respectfully submitted, 71 72 73 ____________________________________ 74 Jacob Quinn, Clerk 75 76 Approved, 77 78 79 ____________________________________80 Adam Aasen, Council President 81 ATTEST: 82 83 84 ________________________________ 85 Jacob Quinn, Clerk 86 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 SPECIAL MEETING MINUTES 4 THURSDAY, APRIL 3, 2025 – 1:00 P.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6 7 Council President Adam Aasen, Councilors Shannon Minnaar, Teresa Ayers, Matthew Snyder, Rich 8 Taylor, Jeff Worrell, and Deputy Clerk Jessica Komp were present. 9 Councilors Anita Joshi and Anthony Green attended virtually. Councilor Locke was not present. 10 11 Council President Aasen called the meeting to order at 1:00 p.m. 12 13 Mayor Sue Finkam expressed her gratitude to our first responders and to all of our other team members 14 for all they did last night to help our community. This storm diagonally cut across our community from 15 southwest to northeast. Although many were impacted, we were very, very lucky that much more damage 16 wasn’t done and that there wasn’t loss of life. Our Police, Fire, Street, and Building Inspection teams have 17 done exceptional work overnight. Hamilton County 9-1-1 answered 429 incoming calls. There were 108 18 9-1-1 calls and 321 non-emergency calls from 8:00 p.m. to 5:00 a.m. 40% of the call volume was within 3 19 hours. The Mayor stated that she is declaring a State of Local Emergency. She read the declaration, which 20 will last for seven (7) days. We have sent out a press release to let the public know that we are here to 21 help our residents clean up from storm damage. It appears that most of the trees damaged are private trees. 22 We feel it is the right thing to do to help our citizens manage through this disaster. Therefore, if you were 23 in the tornado’s path, and you need help clearing trees to get to your home, the Street Department can 24 help with that. If you have debris in your yard, you can bring it to the curb, and the Street Department 25 will pick that up as well, at the city’s cost. 26 27 Next, Police Deputy Chief D.J. Schoeff gave an update from CPD. We had 13 officers that were on shift 28 last night. We had an additional 15-20 that came in to help. We had numerous surrounding agencies 29 helping us as well. Working together with CFD, we have checked over 900 homes in the areas where 30 power outages were recorded. We found two people who were in need of oxygen and were able to resolve 31 that, we also found a power line on top of a building that we were able to assist with. We still have power 32 outages at this time, but we have every indication that all power will be restored some time this evening. 33 We do still have two road closures, one is on Gray Road between Jennings and Main. The other is at 34 111th and Pennsylvania. Both are due to power lines being down. We’ve identified three structures that 35 need overnight security and we’re working on a plan to put that in place. 36 37 Fire Deputy Chief Luke Ray gave an update from CFD. We had substantial building damage from this 38 storm. We were lucky to only have one minor injury, which did not require transport to the hospital. We 39 did not have any fires reported. Councilor Snyder then asked about the process of recovering expenses 40 through State funds. Fire Chief Joel Thacker responded that since the Mayor made the declaration, we 41 will work with the County Emergency Management Agency in collecting our costs that we started 42 tracking in the very beginning. The biggest expense will likely be debris cleanup. We must reach a 43 threshold of $100,000.00 in public damages, which is city property and overtime costs. This does not 44 include private resident expenses. We could be eligible for up to 50% reimbursement. Councilor Worrell 45 2 shared that he has been in contact with the County Commissioners, and they fully intend to support our 46 efforts to document our expenses and apply for reimbursement. 47 48 Street Commissioner Matt Higginbotham gave an update from the Carmel Street Department. Our first 49 call from dispatch was around 9:40 p.m. Urban Forester was on the scene by 10:00 p.m. By 11:00 p.m., 50 we already had 22 team members working on cleanup at Main and Harrison. We worked through the 51 night, we had approximately 24 service requests overnight. We’ve had an additional four since 6:00 a.m. 52 We had all the roads opened and pretty well cleaned by the beginning of the day. The overnight staff went 53 home at 10:00 a.m. The rest of the team came in between 4:00 a.m. and 5:00 a.m. and they’re still out in 54 the field now. Republic donated two forty-yard dumpsters for us to use. One of our sales reps brought a 55 grapple truck and has been assisting our team. Our Urban Forester went home at 10:00 a.m. and at that 56 time he did not believe that we had lost a single city tree. We hope to have the majority of cleanup done 57 in the 7 day period, but our intent is to help citizens with debris pick-up past that if necessary. Many 58 people are out of town or will be out of town next week for spring break, so they may need a little more 59 time for cleanup. 60 61 Councilor Joshi stated that citizens in her district are asking how they can help. Councilor Minnaar stated 62 that she would be happy to help spearhead a volunteer effort for those who would like to get involved. 63 She also commended the Street Department for quickly removing a tree that was blocking anyone from 64 entering or exiting a cul-de-sac. 65 66 Kevin Cusimano, Director of the Department of Technology, next gave an update. The tornado sirens 67 activated six times over a 30 minute period. Siren 421 did not activate, which is a known issue, as it was 68 already scheduled for repair on April 9th. Two other sirens overlap that area, so it was not a problem. We 69 have about six cameras that are currently down. The amplifier that provides the sound at the Palladiscope 70 did burn up last night, but we do have a replacement on hand. There were no network issues. Councilor 71 Snyder asked if insurance would reimburse us for some of the big-ticket items that were damaged. Mayor 72 Finkam responded that we will work with our insurance partner to determine which claims make sense to 73 turn in and which do not. Hopefully we will also qualify for disaster relief. City Hall had some minor 74 damage to some metal on the cupola, and a piece of metal on one of the valleys of the roof came loose. At 75 the Police Department some water infiltration came in through a rooftop unit, the only damage being a 76 light fixture and some ceiling tiles. At the Palladium there was minor water intrusion under the exterior 77 doors of the west balconies. The Street Department had some facia board and guttering come off at the 78 sign shop. At Utilities there was very minor roof damage at the wastewater plant. Fire Station 344 also 79 had some fence damage. 80 81 Councilors Aasen and Snyder asked about the city cameras that used to be accessible by the public to 82 view various areas of Carmel in real time, as those would have been great to have last night. Chief 83 Thacker responded that Police and Fire together with IT made a recommendation to discontinue live 84 public feeds due to safety concerns. Councilor Snyder requested further rationale for this removal. 85 Councilor Snyder asked Mr. Cusimano how long it took IT to get the network up and running at City Hall 86 this morning after the power came back on at 6:30 a.m. Mr. Cusimano responded that it only took his 87 team a few minutes to get things back online. Councilor Taylor asked about the siren coverage, and if we 88 feel it is adequate. Mr. Cusimano shared a map of the siren coverage for Carmel, showing that we do have 89 adequate coverage. 90 91 Mike Hollibaugh, Director of Community Services, recognized the building inspectors for their hard work 92 overnight. They arrived at 10:00 p.m. and worked until 4:00 a.m. Councilor Minnaar echoed this 93 sentiment, and thanked Inspector Bill Hohlt, who had virtually joined the meeting. 94 3 Chief Thacker stated that it’s important to remember that these tornado sirens are outdoor sirens. They 95 aren’t meant to alert citizens inside their homes, and as homes become more energy efficient, it becomes 96 harder to hear the sirens going off outside. Having a weather radio in your home is a great idea. 97 98 Brad Pease, Director of Engineering, shared that our Engineering team is assessing vulnerable 99 construction projects that are going on right now, particularly as it pertains to stormwater. We have some 100 pumps out there today to help with those projects. The cumulative effects of this storm, plus the rain that 101 is predicted in the days ahead, add to our vulnerability. 102 103 Councilor Snyder commended the Mayor for the tree-clearing assistance that we are offering to those 104 affected by the tornado. He then made a motion to allocate $250,000.00 from the General Fund to help 105 assist in the cost of this relief and allocate $50,000.00 out of the General Fund to be put in the Parks 101 106 Fund to assist with their costs related to cleanup. Councilor Taylor seconded the motion with the caveat 107 that we add the language “up to” those amounts. Councilor Green asked if there would be adequate 108 oversight and controls over how the money is spent. Councilor Snyder responded that these expenses 109 would come before Council as claims that would need to be approved. This would be an after-the-fact 110 situation. Benjamin Legge, Corporation Counsel, recommended adding the language “to the extent 111 allowed under the emergency powers under the law.” Councilor Joshi asked Chief Thacker if he has any 112 concerns in regards to this and state funding. Chief Thacker responded that under the Mayor’s Executive 113 Order, the statute allows for emergency operations and funding. Council President Aasen then called for 114 the vote. Motion approved 7-0. (Councilor Green was not on camera, as such his vote could not be 115 counted.) 116 117 Councilor Minnaar asked Commissioner Higginbotham how the debris cleanup will work, being that 118 there are more storms expected this weekend. He responded that if you can get your debris and tree limbs 119 to the curb in the next week or two, after all the rain has stopped, contact the Street Department and it will 120 be picked up. 121 122 The meeting ended with Councilors again thanking the various city departments for all their hard work 123 and excellence through this recovery process. 124 125 ADJOURNMENT 126 127 Council President Aasen adjourned the meeting at 2:14 p.m. 128 129 Respectfully submitted, 130 131 ____________________________________ 132 Jacob Quinn, Clerk 133 134 135 Approved, 136 137 138 ____________________________________139 Adam Aasen, Council President 140 ATTEST: 141 142 143 ________________________________ 144 Jacob Quinn, Clerk 145 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 SPECIAL MEETING MINUTES 4 MONDAY, APRIL 7, 2025 – 1:00 P.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6 7 Council President Adam Aasen, Councilors Shannon Minnaar, Ryan Locke, Teresa Ayers, Matthew 8 Snyder, Rich Taylor, Jeff Worrell, Anita Joshi, Anthony Green, and Deputy Clerk Jessica Komp were 9 present. 10 11 Council President Aasen called the meeting to order at 6:00 p.m. 12 13 Fire Chief Joel Thacker spoke to Council about the ongoing recovery efforts from tornado that went 14 through Carmel last Wednesday, April 2nd. Chief Thacker expressed his gratitude to be working with the 15 dedicated teams of Carmel Fire, Police, and the Street Department. We decreased our EOC (Emergency 16 Operations Center) level to level 3. Today members of the Department of Community Services were out 17 with the Fire Department assessing damage, as well as Hamilton County Emergency Management and the 18 Indiana Department of Homeland Security. We visited 54 residences that were impacted, five with major 19 damage, 22 with minor damage, and 27 affected. 13 businesses were impacted, six with major damage, 20 seven with minor damage. There are two businesses that have not been able to operate, but one of those 21 should be able to resume operations tomorrow. Councilor Taylor spoke to the concern of these damaged 22 buildings being secured so that they are not a target of crime. Chief Thacker stated that he was pleased to 23 see how well these buildings had already been secured and boarded up. He also stated that of the damaged 24 residences that are not inhabitable, all of those occupants have been taken care of, whether they are 25 staying with friends and family, or their insurance companies have provided lodging. Councilor Taylor 26 expressed his concern for any seniors who may have had their vehicles damaged, and are now needing 27 help with transportation to medical appointments. Chief Thacker responded that they had not yet found 28 anyone in that situation. 29 30 Councilor Snyder shared that as of this morning, Street Commissioner Matt Higginbotham reports that 31 they have hauled 20 salt trucks full of debris and multiple loads of miscellaneous storm debris. We also 32 want to thank Whitestown, Westfield and Noblesville for sending crews to assist, as well as trucks and 33 other supplies. 34 35 Council President Aasen announced Resolution CC-04-07-25-01; A Resolution of the Common Council 36 of the City of Carmel, Indiana Allowing Emergency Waiver of Applicable Permit Fees Related to the 37 Emergency Weather Event. Councilor Worrell moved to introduce the item into business. Councilor 38 Snyder seconded. Councilor Worrell presented the item to Council. Nick Weber, Director of Economic 39 Development, explained that this resolution seeks to assist citizens with tornado-related property damage 40 by waiving city fees related to rebuilding. Examples could be plan review fees, permit fees, right-of-way 41 permits, etc. This would allow those looking to rebuild to use more of their funds for the actual 42 rebuilding, without having to pay those fees to the city. Councilor Snyder moved to amend the resolution 43 to include a one-year expiration date, and to allow applicants to reapply with new information if their 44 application is denied. He also asked about permit fees that pertain to utilities, such as reconnection fees, 45 2 and whether those would also be considered for waiver. Mr. Weber shared that this was the intent. 46 Councilor Green seconded the motion. There was no further discussion. Council President Aasen called 47 for the vote. Motion to Amend approved, 9-0. Councilor Green asked about the reference to “City 48 Official” in Section 2. Mr. Weber replied that this was written from the standpoint of most of this being a 49 function of the DOCS Director. He also stated that when this program ends, he will report back to Council 50 on the monetary impact. Councilor Locke asked if this concession of permit fees would cause a burden to 51 the Department of Community Services. DOCS Director Mike Hollibaugh responded that it would not. 52 Chief Thacker stated that taking these measures is a proactive approach to helping our citizens, and more 53 communities need to do this. There is a great deal of damage beyond the home and business structural 54 damage that was listed, such as fences and mini barns. Councilor Minnaar moved to approve the 55 resolution as amended. Councilor Joshi seconded. There was no further discussion. Council President 56 Aasen called for the vote. Resolution 04-07-25-01 approved as amended, 9-0. 57 58 Councilor Snyder then shared that the Council would like to put a plan in place to help our community 59 should a disaster strike again in the future. A document has been put together to outline what that help 60 would look like, and that document is still in the draft stages. At this time, the initiative is being referred 61 to as the CHAMP program, and it contains plans to help both residences and businesses. This will become 62 our long-term plan for disaster relief. In the short-term, The Mayor’s State of Emergency decree expires 63 on Thursday, so our ability to grant emergency funds without going through the usual appropriation 64 protocol will end when that does. The Council then discussed what could be done immediately for the two 65 businesses that sustained enough damage to become non-operational. It was decided that we must first 66 find out what those businesses need. Nick Weber shared that one of those businesses will actually be able 67 to resume business tomorrow. Councilor Worrell then asked Clint Lamb, former Mayor of Sullivan, 68 Indiana, if he could share his experience with what his community needed after their town was struck by a 69 hurricane on March 30, 2023. 70 71 Mr. Lamb, who now works for Accelerating Indiana Municipalities (AIM), shared that it will take some 72 time for those affected to make a full assessment of their losses before they may know what support they 73 truly need. Insurance companies will have to come in and do their assessments. Councilors Joshi and 74 Green both reiterated the need to find out what those affected need. Councilors Worrell and Snyder spoke 75 of being a bridge between those in need and their insurance, which can take some time. Clint Lamb added 76 that it’s important to be that point of contact to the public, to gather all the data, and to carefully track all 77 the time and resources that are used in those efforts. It’s great that churches and neighbors are stepping up 78 to help, but also consider reaching out to The United Way, The Salvation Army. He stated that Chief 79 Thacker could help share his experience with the VOAD Method, which is Volunteers Offering 80 Assistance in Disaster. Councilor Locke expressed his appreciation to Mr. Lamb for sharing his 81 experience. Councilor Minnaar expressed her desire to look out for our elderly citizens who may be in 82 need of help, unable to physically clean up after the storm, and who may be underinsured, or uninsured. 83 84 Councilor Worrell shared that there will be a Volunteer Carmel event tomorrow to help with storm clean-85 up, and our wonderful residents have already filled all shifts. He also commended Councilor Snyder on 86 his care and compassion to help our residents. 87 88 ADJOURNMENT 89 90 Council President Aasen adjourned the meeting at 7:09 p.m. 91 92 Respectfully submitted, 93 94 ____________________________________ 95 Jacob Quinn, Clerk 96 3 97 98 Approved, 99 100 101 ____________________________________102 Adam Aasen, Council President 103 ATTEST: 104 105 106 ________________________________ 107 Jacob Quinn, Clerk 108 April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 1 CITY COUNCIL APRIL 2025 REPORT REPORTING ON FEBRUARY 2025 FINANCES MARCH 2025 ACTIVITIES STRATEGIC HIGHLIGHTS • Construction progressing on the following projects: o First on Main o Magnolia o The Wren o The Windsor o Republic Airways (Hamilton Crossing) o Proscenium II o North End o The LOR/1933 Lounge Project o Lexington & Main Roundabout Art o AT&T Site FINANCIAL SNAPSHOT February Beginning Balance $ 6,528,797 February Revenues $ 236,230 February Transfers $ (158,718) February Expenditures $ 10,973 February ending Balance Without Reserve Funds $ 6,595,336 Supplemental Reserve Fund $ 5,625,620 City Center Bond Reserve $ 483,926 Midtown Bond Reserve $ 1,031,923 Midtown West Bond Reserve $ 817,331 Urban Parks Fund $ 3,827,615 February Balance With Reserve Funds $ 18,381,752 FINANCIAL STATEMENT April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 2 Financial Statement FEBRUARY MONTH-END FINANCIAL BALANCE Ending Balance without Restricted Funds $ 6,595,336 Ending Balance with Restricted Funds $ 18,381,752 SUMMARY OF CASH For the Month Ending February 2025 DESCRIPTION ACTUAL MONTHLY PROJECTION VARIANCE Cash Balance 2/1/25 1101 Cash $ 5,774,240.82 $ 5,774,240.82 $ - 1110 TIF $ 754,556.34 $ 754,556.34 $ - Total Cash $ 6,528,797.16 $ 6,528,797.16 $ - Receipts 1101 Cash $ 236,229.96 $ 77,512.38 $ 158,717.58 1110 TIF $ - $ - $ - Developer Payments $ - $ - $ - Transfers to Reserves (TIF) $ - $ - $ - Transfers to Reserves (non-TIF) $ (158,717.56) $ - $ (158,717.56) Transfer to SRF $ - $ - $ - Total Receipts $ 77,512.40 $ 77,512.38 $ 0.02 Disbursements 1101 Cash $ 10,973.14 $ 58,260.32 $ 47,287.18 1110 TIF $ - $ - $ - Total Disbursements $ 10,973.14 $ 58,260.32 $ 47,287.18 1101 Cash $ 5,840,780.08 $ 5,793,492.88 $ 47,287.20 1110 TIF $ 754,556.34 $ 754,556.34 $ - Cash Balance 2/28/25 $ 6,595,336.42 $ 6,548,049.22 $ 47,287.20 Total Usable Funds $ 6,595,336.42 $ 6,548,049.22 $ 47,287.20 $0.00$1,000,000.00$2,000,000.00$3,000,000.00$4,000,000.00$5,000,000.00$6,000,000.00$7,000,000.00 FEBRUARY MONTH END BALANCE Actual Budget Variance FINANCIAL STATEMENT April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 3 FUND BALANCES AND OUTSTANDING RECEIVABLES As of month-end February 2025 RESTRICTED FUNDS Supplemental Reserve Fund $ 5,625,620 City Center Bond Reserve $ 483,926 Midtown Bond Reserve $ 1,031,923 Midtown West Bond Reserve $ 817,331 Urban Parks Fund $ 3,827,615 Sub-total: $ 11,786,415 UNRESTRICTED FUNDS TIF $ 754,556 Non TIF $ 5,840,780 Sub-total: $ 6,595,336 Total Funds $ 18,381,752 OUTSTANDING RECEIVABLES N/A $ - TOTAL OUTSTANDING RECEIVABLES $ - STATEMENT OF CHANGES IN EQUITY MONTH END: FEBRUARY 2025 DESCRIPTION REVENUE EXPENSES Total Receipts (TIF) $ - Total Receipts (Non-TIF) $ 77,512 Expenditures (TIF) $ - Expenditures (Non-TIF) $ 10,973 FINANCIAL UPDATE April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 4 Financial Update TIF REVENUE AND DEBT Estimated 2025 TIF revenue and PIATT payments available for CRC use is $33,488,916. $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 TIF RevenueDebt Service DEBT PAYMENTS Month Payment June 2025 $16,870,646 December 2025 $16,868,385 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 5 Project Updates CITY CENTER Developer Partner: Pedcor Companies Allocation Area: City Center Use: Mixed-Use Project Summary: Mixed Use development, multiple buildings Figure 1 City Center Master Plan, provided by Pedcor City Center Development Company PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 6 1) Project Status – (changes noted below.) CRC Contract Amounts: City Center Bond: $ 16,214,875.00 2016 TIF Bond: $ 2,598,314.00 (5th Floor of Park East garage) Site Construction Contract Amounts: $1,442,962 – Smock Fansler, contractor - Complete Veterans Way Extension Project Amounts: $3,403,000 – Hagerman, contractor – Complete Parcel 73 Site work: $149,600 – Smock Fansler, contractor PROJECT USE PROJECT DATE S DESIGN RENDERINGS PROVIDED BY PEDCOR Veterans Way Garage A five-story parking structure with 735 parking spaces Open to the public on 9/22/17 Completed in May 2017 Contract Amt. $13,954,683 Baldwin/ Chambers A four-story building, of approximately 64,000 square feet, which will include luxury apartments and commercial retail/ office space. Approx. 26 Apartments Hagerman is the contractor. Completed in June 2018 Pedcor Office 5 A two-story building, of approximately 20,000 square feet, which will include office space. Start: Fall 2015 Completed Q4 2017 Tenants have moved into the new building PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 7 Kent A three-story building, of approximately 111,000 square feet of luxury apartments. Site drawings were approved by the CRC Architectural Committee. Start: Summer 2018 Complete: June 2021 Site Construction – Start: Spring 2018 Site Work Awarded – Spring 2018 Building Construction – Start: Summer 2018 Building Complete June 2021 - Pool and Site work is still under construction Hamilton (Park East commerci al/reside ntial buildings Hamilton East: 5 ground floor residential two-story townhomes; 7,954 SF of ground floor commercial space Hamilton West: 13,992 SF of ground floor commercial space Start: Summer 2018 Hamilton East - Construction commenced: Summer 2018, completed Summer 2019 Hamilton West – Construction commenced: Summer 2020, currently under construction Playfair and Holland A five-story building, of approximately 178,000 square feet, which will include 112 luxury apartments and commercial retail/office space. Start: September 2019 Complete: Spring 2022 Approx. 112 Apartments Windsor A four-story building, of approximately 64,000 square feet. Start: Summer 2022 Complete: May/June 2024 March 2025 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 8 Wren A six-story building of approximately 157,000 square feet, which will include luxury apartments and commercial office/retail space. Start: Summer 2020 Complete: June 2024 Currently under construction Note: All completion dates indicated above are per the Completion Guaranties executed between the CRC and Pedcor. Should Pedcor miss these dates they are obligated to cover the debt obligations. 2) Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC 3) CRC Commitments An overview of commitments has been uploaded to the CRC website. Most significantly, the CRC committed to publicly bid a four-story parking garage with not less than 620 parking spaces which has been completed and is available for public use. The CRC also commits to coordinate any significant site plan changes requested by Pedcor with City Council. March 2025 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 9 PROSCENIUM 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: 126th Street 3) Project Summary: Mixed-use development, multiple buildings. 1) 197 Apartments; 22 for-sale condos 2) Approx. 140,000 SF of office and retail space 3) Approx. 450 parking spaces (public and private) Total project budget: $60,000,000 4) Anticipated Project Schedule Design Start 2016 Construction Start 2018 Construction Complete 2022 Tavern Construction Start Estimated Fall 2023 Tavern Construction Complete Estimated 5) Construction Milestones: Construction is complete. Construction of the Tavern estimated to begin fall 2023. 6) Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC 7) CRC Commitments No commitments by the CRC have been made. The City will be relocating and burying Duke Energy’s transmission line and completing road improvements adjacent to the development. Rendering September 2022 September 2022 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 10 CIVIC SQUARE GARAGE 1) CRC Design-Build Project 2)Economic Development Area: Carmel City Center/Carmel City Center Amendment 3)Project Summary: - 303-space parking garage - 255 spaces will be open to the public - 48 spaces are reserved for owner-occupied condos that will line the west and north sides of the garage (to be developed as part of a future CRC project) 4)Total project budget: $9,700,000 5)Anticipated Project Schedule Construction Start January 2022 Construction End Opened Summer 2022 6)Construction Milestones: Garage is now open for public use. 7)CRC Commitments The CRC will be involved with development and construction of the parking garage 8)Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC September 2022 Rendering March 2023 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 11 FIRST ON MAIN 1)Developer Partner(s): Lauth Group, Inc. 2)Economic Development Area: Lot One 3)Project Summary: - 310-space public parking garage - Four -story, 73,000 SF Class-A office building with first floor restaurant space and a private rooftop terrace - 8 condominiums - 35 apartments - Community gathering plaza featuring the City’s Rotary Clock 4)Total project budget: $35,000,000 5)Anticipated Project Schedule Construction Start Fall 2021 Construction End Estimated November 2023 6)Construction Milestones: Construction is underway. 7)CRC Commitments CRC contributed the land for this development. Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC January 2024 Rendering PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 12 MAGNOLIA 1)Developer Partner(s): Old Town Companies 2)Economic Development Area: Magnolia 3)Project Summary: Multi-phase development that will include six condominium buildings with five units per building, for a total of 30 for-sale condos, and future multi-family residential on the corner of City Center Drive and Rangeline Road. 4)Total project budget: 5)Anticipated Project Schedule Construction Start April 2022 (Building 1) Construction End Estimated 2025 (Buildings 4-6) 6)Construction Milestones: Construction is underway. 7)CRC Commitments: CRC contributed the land for the development of this project. 8)Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC Rendering March 2025 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 13 HAMILTON CROSSING 1)Developer Partner(s): Kite Reality Group and Pure Development, Inc. 2)Economic Development Area: Amended 126th Street 3)Project Summary: New home of Republic Airways. 105,000 square-foot training facility with 20 classrooms, 94 workstations, two cabin trainers, and eight flight simulators. The hotel adjacent to the training center will be expanded to 274 rooms. 600 jobs brought/created with Republic alone. 4)Total project budget: $200,000,000 investment for Phase 1 and II 5)Anticipated Project Schedule Construction Start HQ/Corporate Housing: Winter 2021 (Complete) Garage: Winter 2022 Construction End HQ/Corporate Housing: Completed Garage: Estimated April 2024 6)Construction Milestones: Construction is underway. Training Center is open. 7)CRC Commitments Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that may include the garage, utility relocations, and roadway improvements. 8)Council and/or CRC Action Items Rendering Rendering March 2025 Rendering PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 14 PROSCENIUM II 1) Developer Partner(s): Novo Development Group 2) Economic Development Area: Amended 126th Street 3) Project Summary: Mixed-use development i. 120 parking spaces ii. 48 Apartments; 7 for-sale condos iii. Approx. 15,000 SF of office and retail space iv. Approx. Total project budget: $18,000,000 4) Anticipated Project Schedule Design Start 2021 Construction Start 2022 Construction Complete Estimated August 2024 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC 7) CRC Commitments No commitments by the CRC have been made. Rendering March 2025 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 15 AT&T SITE 1) Developer Partner(s): Buckingham Companies, Third Street Ventures, Pure Development, and Merchants Banks 2) Economic Development Area: 3rd Ave ATT 3) Project Summary: Mixed-use development i. 443 parking spaces ii. 244-unit multi-family building; 2 single family homes iii. Approx. 80,000 SF of corporate headquarters; 37,000 SF boutique headquarters iv. Approx. Total project budget: $133,000,000 4) Anticipated Project Schedule Design Start 2022 Construction Start 2024 Construction Complete December 2025 5) Construction Milestones: Construction is underway. 6) Council and/or CRC Action Items ACTION ITEM CITY COUNCIL CRC 7) CRC Commitments No commitments by the CRC have been made. Respectfully submitted, Rendering March 2025 PROJECT UPDATES April 11, 2025 CRC Report for April 21, 2025, City Council Meeting Page | 16 Henry Mestetsky Executive Director Carmel Redevelopment Commission/Department April 11, 2025 Prepared for City Council and the Redevelopment Commission -End Report- To: Carmel City Council Members From: Zachary Q. Jackson, CFO/Controller CC: Mayor Sue Finkam Date: April 11, 2025 Re: Finance Department Quarterly Budget Update – Q1 2025 Spending Variance At the beginning of the fiscal year, City departments projected their monthly expenses for the year (created a spending plan). At the end of each month, actual spending is compared to those projections. Spending plans may be updated throughout the year as necessary. For Q1 of 2025, actual General Fund spending was $594,981 (1.8%) less than projected, and actual Motor Vehicle Highway Fund (MVH) spending was $56,624 (1.2%) less than projected. Revenue Variance At the beginning of the fiscal year, the Finance Department projects the General Fund revenue that will be collected in each month. The total of the monthly revenue projections is equal to the annual forecast used to create the budget. These monthly projections are based on both historical data and the timing of major revenue distributions per DLGF. For Q1 of 2025, actual General Fund revenues were $626,625 (3.32%) more than projected. The major factors causing this overage were two unanticipated revenues including Ambulance Medicaid Reimbursement ($358,018) and Christkindlmarkt Reimbursement ($284,443). Notes Because the City does not close accounting periods at the end of each month, actual spending and actual revenue for Q1 could change. This is most likely to occur when revenue has been received in our checking account, but the City is awaiting further details to determine the fund in which the revenue should be deposited. Planned Actual Var. Planned Actual Var. Planned Actual Var. Planned Actual Var. Planned Actual Var. Planned Actual Var. 1110 Police $7,295,207 $7,264,207 -0.4%$129,597 $123,067 -5.0%$422,015 $389,649 -7.7%$905,488 $842,138 -7.0%$0 $0 0.0%$8,752,308 $8,619,061 -1.5% 1115 Technology $668,158 $630,328 -5.7%$20,389 $8,115 -60.2%$1,246,753 $1,125,021 -9.8%$76,721 $59,753 -22.1%$0 $0 0.0%$2,012,021 $1,823,216 -9.4% 1120 Fire $8,782,050 $8,899,531 1.3%$132,703 $97,101 -26.8%$505,867 $454,150 -10.2%$0 $0 0.0%$0 $0 0.0%$9,420,621 $9,450,782 0.3% 1125 Parks $909,824 $887,515 -2.5%$41,976 $26,167 -37.7%$317,099 $221,192 -30.2%$7,966 $8,504 6.8%$264,000 $264,000 0.0%$1,276,865 $1,143,378 -10.5% 1150 BPW $0 $0 0.0%$0 $0 0.0%$1,500 $1,500 0.0%$0 $0 0.0%$0 $0 0.0%$1,500 $1,500 0.0% 1160 Mayor $235,796 $229,782 -2.6%$3,032 $778 -74.4%$56,505 $55,384 -2.0%$2,630 $188 -92.9%$0 $0 0.0%$297,964 $286,131 -4.0% 1180 Corporation Counsel $490,515 $490,515 0.0%$4,118 $604 -85.3%$182,154 $266,764 46.5%$8,497 $7,407 -12.8%$0 $0 0.0%$685,283 $765,290 11.7% 1192 Community Services $666,132 $657,478 -1.3%$6,754 $6,049 -10.4%$90,712 $77,939 -14.1%$8,757 $4,903 -44.0%$0 $0 0.0%$772,355 $746,369 -3.4% 1201 Human Resources $193,826 $193,826 0.0%$0 $0 0.0%$311,691 $311,691 0.0%$393 $393 0.0%$0 $0 0.0%$505,910 $505,910 0.0% 1203 MAC $421,019 $415,099 -1.4%$793 $533 -32.8%$322,354 $94,233 -70.8%$2,467 $2,371 -3.9%$0 $0 0.0%$746,634 $512,236 -31.4% 1205 Facilities Management $141,876 $141,836 0.0%$10,029 $9,989 -0.4%$35,803 $38,536 7.6%$21,892 $32,838 50.0%$0 $0 0.0%$209,601 $223,199 6.5% 1206 City Property Maintenance $0 $0 0.0%$19,427 $84,434 334.6%$284,736 $367,578 29.1%$0 $0 0.0%$0 $0 0.0%$304,163 $452,012 48.6% 1207 Brookshire Golf Course $180,895 $176,758 -2.3%$16,848 $6,625 -60.7%$243,356 $204,410 -16.0%$106,364 $110,518 3.9%$0 $0 0.0%$547,463 $498,311 -9.0% 1208 Arts Support & Operations $0 $0 0.0%$0 $0 0.0%$3,453,415 $3,484,810 0.9%$0 $0 0.0%$0 $0 0.0%$3,453,415 $3,484,810 0.9% 1301 City Court $155,714 $155,714 0.0%$0 $0 0.0%$10,966 $10,966 0.0%$0 $0 0.0%$0 $0 0.0%$166,679 $166,679 0.0% 1401 City Council $94,713 $94,713 0.0%$0 $0 0.0%$26,682 $26,681 0.0%$0 $0 0.0%$0 $0 0.0%$121,394 $121,394 0.0% 1501 Economic Development $70,958 $70,958 0.0%$322 $22 -93.1%$64,849 $54,715 -15.6%$0 $0 0.0%$0 $0 0.0%$136,129 $125,695 -7.7% 1701 Finance $299,471 $300,012 0.2%$2,900 $3,281 13.1%$2,257,622 $2,152,143 -4.7%$0 $1,937 0.0%$0 $0 0.0%$2,559,993 $2,457,374 -4.0% 1702 City Clerk $175,353 $175,353 0.0%$167 $167 0.0%$10,880 $10,880 0.0%$0 $0 0.0%$0 $0 0.0%$186,399 $186,399 0.0% 1801 Redevelopment $200,587 $200,709 0.1%$921 $435 -52.8%$27,524 $18,368 -33.3%$1,265 $2,753 117.7%$0 $0 0.0%$230,297 $222,265 -3.5% $20,982,093 $20,984,332 0.0%$389,978 $367,366 -5.8%$9,872,484 $9,366,611 -5.1%$1,142,439 $1,073,703 -6.0%$264,000 $264,000 0.0%$32,386,993 $31,792,013 -1.8% 2200 Engineering $589,468 $576,056 -2.3%$3,026 $2,381 -21.3%$109,014 $21,181 -80.6%$8,853 $7,464 -15.7%$0 $0 0.0%$710,360 $607,082 -14.5% 2201 Street $2,150,605 $2,234,441 3.9%$302,550 $564,486 86.6%$946,422 $626,305 -33.8%$532,252 $553,251 3.9%$0 $0 0.0%$3,931,828 $3,978,483 1.2% $2,740,072 $2,810,498 2.6%$305,575 $566,867 85.5%$1,055,436 $647,485 -38.7%$541,105 $560,715 3.6%$0 $0 0.0%$4,642,188 $4,585,565 -1.2% General Fund Total MVH Total City of Carmel (Finance Department), Planned Spending vs. Actual Spending for Q1 of 2025 Department Capital Outlays Spending Transfers to Other Funds Year-to-Date TotalSupplies SpendingPersonal Services Spending Other Services & Charges Spending Type Account Projection Actuals Projected Actuals Projected Actuals Projected Actuals $ Var. % Var. AUTO & AIRCRAFT EXCISE 312020 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.0%$3,867,840 BOND ADMIN FEES 353051 $394 $700 $394 $400 $394 $200 $1,182 $1,300 $118 10.0%$4,728 BUILDING PERMITS 322010 $219,740 $107,722 $143,727 $119,059 $238,287 $133,715 $601,755 $360,496 -$241,259 -40.1%$2,340,065 CABLE TV FRANCHISE FEES 364000 $39,486 $26,647 $7,512 $9,058 $226,773 $196,287 $273,770 $231,992 -$41,778 -15.3%$697,743 CART FEES 347020 $10,523 $5,263 $7,286 $6,318 $7,246 $6,182 $25,055 $17,762 -$7,293 -29.1%$144,749 CELL PHONE TOWER RENTAL 349000 $16,002 $14,481 $12,021 $3,339 $3,339 $3,042 $31,362 $20,862 -$10,500 -33.5%$105,270 CIGARETTE TAX 335030 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.0%$46,329 CITY COURT COSTS 353010 $4,878 $7,391 $7,309 $8,982 $7,231 $8,226 $19,418 $24,600 $5,182 26.7%$96,427 CITY COURT FINES 353020 $1,674 $1,850 $2,523 $2,073 $2,693 $3,576 $6,889 $7,499 $610 8.9%$32,834 COUNTY COURT COSTS 353000 $3,903 $5,913 $5,847 $7,186 $5,785 $6,581 $15,534 $19,680 $4,146 26.7%$77,148 COUNTY DEFERRAL PROGRAM 353070 $2,670 $5,385 $3,490 $5,460 $3,630 $4,080 $9,790 $14,925 $5,135 52.5%$51,753 EARNED INTEREST 361030 $135,939 $296,413 $135,939 $172,544 $135,939 $1 $407,817 $468,958 $61,141 15.0%$1,631,268 FOOD & BEV.-NON TAX-RENT 347045 $0 $0 $0 $2,954 $0 $0 $0 $2,954 $2,954 0.0%$0 FOOD & BEVERAGE TAX 335070 $273,713 $244,133 $314,732 $352,545 $276,259 $279,213 $864,704 $875,891 $11,187 1.3%$3,787,694 GAMING REVENUE 335060 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.0%$560,968 GENERAL PROPERTY TAXES 311000 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.0%$48,318,794 GREEN FEES 347010 $2,060 $325 $7,983 $280 $26,436 $33,293 $36,479 $33,898 -$2,581 -7.1%$962,096 INSURANCE REIMBURSEMENTS 396010 $13,474 $35,409 $13,474 $53,092 $13,474 $0 $40,422 $88,500 $48,078 118.9%$161,689 LIQUOR GALLONAGE TAX(ABC)335020 $87,993 $84,598 $0 $0 $0 $0 $87,993 $84,598 -$3,394 -3.9%$315,366 LOCAL INCOME TAX (LIT) Certified 312050 $5,412,555 $5,411,084 $5,412,555 $5,411,084 $5,412,555 $5,411,084 $16,237,665 $16,233,253 -$4,412 0.0%$64,950,661 LOCAL INCOME TAX -SUPPLEMENTAL 312050 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.0%$12,219,135 MEMBERSHIP FEES 347015 $23,139 $2,316 $36,474 $27,300 $94,039 $113,749 $153,652 $143,365 -$10,287 -6.7%$251,723 MISCELLANEOUS REVENUES 360010 $0 $14,314 $0 $18,357 $0 $2,471 $0 $35,142 $35,142 0.0%$2,395,166 OTHER INTERGOVMNTAL REV 333000 $5,844 $0 $5,844 $115,869 $5,844 $168 $17,532 $116,037 $98,505 561.9%$70,128 OTHER REIMBURSEMENTS 396020 $0 $4,571 $0 $4,904 $0 $1,022 $0 $10,497 $10,497 0.0%$86,883 PRETRIAL DIV COSTS 353060 $1,000 $430 $1,400 $860 $1,400 $690 $3,800 $1,980 -$1,820 -47.9%$15,360 PRO SHOP TAX COLLECTED 347060 $53 $40 $83 $35 $339 $289 $475 $364 -$111 -23.3%$9,351 PRO SHOP-NON TAX 347030 $1,943 $2,954 $1,943 $0 $1,943 $2,984 $5,829 $5,938 $109 1.9%$23,316 PRO SHOP-TAXABLE 347040 $750 $577 $1,201 $496 $4,841 $4,082 $6,791 $5,155 -$1,636 -24.1%$133,750 GIFT CARDS PURCHASED 347027 $0 -$6 $0 $260 $0 -$397 $0 -$143 -$143 0.0%$11,500 GOLF CART TAX 347070 $0 $368 $0 $442 $0 $433 $0 $1,243 $1,243 0.0%$8,192 AMBULANCE MEDICAID REIMBURSEMENT 335080 $0 $0 $0 $0 $0 $358,018 $0 $358,018 $358,018 0.0%$433,245 MISCELLANEOUS PERMITS 322031 $0 $200 $0 $820 $0 $0 $0 $1,020 $1,020 0.0%$8,643 REPORT/COPY FEES 343000 $0 $0 $0 $15 $0 $5 $0 $20 $20 0.0%$4,178 SRO REIMBURSEMENTS 360015 $0 $17,933 $0 $0 $0 $0 $0 $17,933 $17,933 0.0%$2,887,687 CHRISTKINDLMARKT REIMBURSEMENT 360017 $0 $0 $0 $0 $0 $284,443 $0 $284,443 $284,443 0.0%$0 INTERFUND TRANSFER 392000 $0 $0 $0 $0 $0 $6,361 $0 $6,361 $6,361 0.0%$532,207 Total Revenue $6,257,732 $6,291,011 $6,121,736 $6,323,731 $6,468,446 $6,859,798 $18,847,914 $19,474,539 $626,625 3.3%$147,243,886 City of Carmel (Finance Department), General Fund Revenue Projections vs. Actuals for Q1 2025 Revenue January February March Year to Date Annual Projection 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: Councilors Taylor and Snyder 1 ORDINANCE NO. D-2767-25 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 3 AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-96 OF THE CARMEL CITY CODE 4 Synopsis: 5 Amendment to the Ordinance regulating the Ambulance Capital Fund. 6 WHEREAS, the Ambulance Capital Fund (Fund 102) (the “Fund”) was established as a 7 special non-reverting capital fund for the purpose of maintaining revenues received from Carmel 8 Ambulance Services; and 9 WHEREAS, the Fund was jointly administered by the City of Carmel and Clay Township 10 while they jointly provided paramedic, ambulance and fire services to Clay Township; and 11 WHEREAS, Clay Township no longer provides any paramedic, ambulance or fire services 12 to Clay Township; and 13 WHEREAS, the Common Council of the City now finds that it is in the interests of the City 14 to amend Chapter 2, Article 4, Section 2-96 of the Carmel City Code to accurately reflect the 15 provision of paramedic, ambulance and fire services and the administration of the Fund. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY 17 OF CARMEL, INDIANA, as follows: 18 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 19 Section 2. Carmel City Code Section 2-96 is hereby amended to read as follows: 20 “§ 2-96 Ambulance Capital Fund (Fund 102). 21 22 (a) The City hereby establishes a special non-reverting capital fund for the purpose of 23 maintaining revenues received from Carmel Ambulance Services and the Hamilton County 24 Emergency Medical Services Tax for the purpose of acquiring and/or replacing capital 25 improvements and equipment necessary to maintain paramedic, emergency ambulance and fire 26 service (hereinafter referred to as the “Paramedic, Emergency Ambulance and Fire Service Capital 27 Fund”), to be administered and maintained by the City as hereinafter set forth: 28 29 (1) The Capital Fund will be funded from revenues provided by 30 Carmel Ambulance Services as a result of the City's administration of the paramedic and 31 emergency ambulance services and from monies received from the Hamilton County Emergency 32 Medical Service Tax; 33 34 (2) The funds held in the Capital Fund shall be accounted for and maintained 35 separate and apart from other City funds and invested with interest thereon deposited into the 36 Capital Fund as provided by law; 37 38 (3) The funds held and accounted for in the Capital Fund shall be withdrawn only: 39 a) Upon proper appropriation by the legislative body of the City; 40 41 b) Upon written agreement between the City and Clay Township authorizing 42 expenditures; and 43 44 c) b) For the purpose of making capital expenditures supporting paramedic, 45 emergency ambulance and fire service. 46 47 (4) Capital equipment and improvements acquired from the funds held in the 48 Capital Fund shall be titled in the name of the City. and/or the Township as set forth in written 49 agreement between the City and the Township at the time of expenditure; and 50 51 (5) At such time as the City terminates its administration of paramedic 52 and ambulance services and/or the City and Township do not provide paramedic 53 and ambulance services or fire protection services to Clay Township as a whole by joint agreement, 54 all unexpended funds maintained in the Capital Fund shall be distributed to the City and to the 55 Township based upon the City and Township's proportionate monetary contribution toward fire 56 protection of Clay Township under prior Contracts for Fire and Protection between the City and the 57 Township. 58 59 (b) The life of the Paramedic, Emergency Ambulance and Fire Service Fund shall be 60 perpetual unless terminated by subsequent ordinance duly enacted by the City legislative body. 61 (Ord. D-1042, 4-18-94; Ord. D-1180, 9-18-95). 62 63 (c) 64 (1) The Carmel Fire Department is authorized, pursuant to Indiana law, to provide 65 emergency medical services. 66 67 a) The Carmel Fire Department is authorized to provide emergency medical 68 services and charge fees from citizens who benefit from said services in the amount of $475.00 for 69 basic life support service for Carmel residents, $675.00 for basic life support for non-Carmel 70 residents, $575.00 for advanced life support I for Carmel residents, $775.00 for advanced life 71 support I for non-Carmel residents, $700.00 for advanced life support II for Carmel residents, 72 $900.00 for advanced life support II for non- Carmel residents and $375.00 for advanced life 73 support non- transport, as well as $12.00 per loaded mile, within the terms and meanings of the 74 Indiana Emergency Medical Act and other applicable law. 75 76 b) In the event changes in Medicare or other federal or state health care 77 regulations require or allow an adjustment to current charges set forth hereinabove, the Fire Chief is 78 authorized to adjust the same, such adjustments to take effect on the calendar date immediately 79 following the date on which written notice of said adjustments is hand delivered or mailed by the 80 Fire Chief by U.S. Certified mail, return receipt requested, to the Mayor, Clerk, Common Council 81 President and Corporation Counsel. 82 83 c) Annual COLA Increase. On January 1 of each year, beginning in 2017, a 3% 84 Cost of Living Adjustment shall be added to the previous year’s rates and charges. This 3% increase 85 shall occur automatically each year unless and until such time that the Carmel City Council amends 86 or adjusts the percentage of the COLA increase for the next fiscal year. 87 88 d) The cost-of-living adjustment for emergency medical services fees charged by 89 the Carmel Fire Department in 2023 shall be 8.75%. 90 91 (2) Said funds shall be placed into the non-reverting fund established in subsection 92 (a) above. (Ord. D-1184, 10-2-95) 93 94 (3) The Carmel Fire Department is authorized to collect fees for its ambulance and 95 emergency medical treatment runs. 96 97 (4) In the event such fees are not paid after Carmel Fire Department has exhausted 98 its collection procedures, then the City Attorney will be notified for a determination as to whether to 99 pursue collection of such fees by initiating litigation or other collection efforts on behalf of the 100 Carmel Fire Department. 101 102 (5) Service fees for ambulance and emergency medical treatment runs may be 103 deemed uncollectible and the appropriate adjustment made to the Carmel Fire Department and City 104 financial records, upon a determination by the City Attorney that: 105 106 a) The person receiving such ambulance and/or emergency medical treatment 107 services died without insurance, an estate or surviving relatives responsible for the debt; 108 109 b) The person receiving such ambulance and/or emergency medical treatment 110 services cannot be located despite reasonable attempts to do so; 111 112 c) The person receiving such ambulance and/or emergency medical treatment 113 services has filed for bankruptcy protection, has listed the City as a creditor regarding such services 114 and has obtained a discharge of such debt by the bankruptcy court; 115 116 d) The collection of the debt is otherwise not economically justified under the 117 circumstances. 118 119 (6) All service fees for the provision of ambulance and/or emergency medical 120 treatment services by the Carmel Fire Department that are deemed to be uncollectible hereunder 121 must be reported to the Board of Public Works and Safety on an annual basis.” 122 123 [the remainder of this page is left intentionally blank] 124 125 126 127 128 129 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this 130 Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of 131 this Ordinance, such repeal to have prospective effect only. 132 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a 133 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions 134 of this Ordinance 135 Section 5. This Ordinance shall be in full force and effect from and after the date of its 136 passage and signing by the Mayor and such publication as required by law. 137 138 [Signature Page Follows] 139 140 PASSED by the Common Council of the City of Carmel, this _____ day of 141 _____________, 2025, by a vote of ______ ayes and _____ nays. 142 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 143 144 ___________________________________ 145 Adam Aasen, President Matthew Snyder, Vice-President 146 147 ___________________________________ ____________________________________ 148 Teresa Ayers Anita Joshi 149 150 ___________________________________ ____________________________________ 151 Ryan Locke Shannon Minnaar 152 153 ___________________________________ ___________________________________ 154 Anthony Green Rich Taylor 155 156 ___________________________________ 157 Jeff Worrell 158 159 160 ATTEST: 161 162 __________________________________ 163 Jacob Quinn, Clerk 164 165 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 166 _________________________ 2025, at _______ __.M. 167 168 ____________________________________ 169 Jacob Quinn, Clerk 170 171 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 172 ________________________ 2025, at _______ __.M. 173 174 _________________________________ 175 Sue Finkam, Mayor 176 177 ATTEST: 178 179 ___________________________________ 180 Jacob Quinn, Clerk 181 182 183 Prepared by: Ted Nolting 184 Kroger Gardis & Regas LLP 185 111 Monument Circle, Suite 900 186 Indianapolis, IN 46204 187 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on March 21, 2025, at 4:20 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2768-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 8, ARTICLE 5, SECTIONS 8-47 AND 8-48 4 OF THE CARMEL CITY CODE 5 6 Synopsis: Ordinance amending the regulation of parking on 1st Avenue S.E. and Supply Street. 7 8 WHEREAS, the City, pursuant to Indiana Code § 9-21-1-3, within the reasonable exercise of its police 9 power, may by ordinance regulate vehicular parking; 10 11 WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such 12 regulations being codified, in part, in City Code Sections 8-47 and 8-48; and 13 14 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interest 15 of public safety and welfare to further regulate parking on 1st Avenue S.E. and Supply Street. 16 17 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 18 as follows: 19 20 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 21 22 Section 2. The following subsections of Carmel City Code Section 8-47 are hereby amended and shall 23 read as follows: 24 25 “§ 8-47 No Parking Areas. 26 27 (a) No person shall park a vehicle at any time in the following locations: 28 . . . 29 (3) On the east either side of 1st Avenue S.E. from East Main Street south to E Walnut Street6th 30 Street S.E.; 31 . . . 32 (77) On either side of Supply Street. 33 34 (b) Notwithstanding the above, the provisions of subsection (a) shall not apply to any vehicle which 35 properly displays a valid Resident Vehicle Sticker, Temporary Guest Parking Permit, or Merchant 36 Vehicle Sticker or a valid Resident Vehicle Sticker issued to business owner(s) or employee(s) or 37 resident(s) of a property subject to the parking restrictions under subsection (a). The provisions of 38 subsection (a)(25) shall not apply to any vehicle driven by a City employee and so parked in the course 39 of such person’s employment by the City.” 40 41 42 43 [the remainder of this page is left intentionally blank] 44 45 46 47 48 Ordinance D-2768-25 49 Page One of Three Pages 50 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on March 21, 2025, at 4:20 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. Section 3. The following subsections of Carmel City Code Section 8-48 are hereby amended and shall 51 read as follows: 52 53 “§ 8-48 Limited Parking Areas. 54 (c) Three-hour parking zones between the hours of 6:00 a.m. and 5:00 p.m., Monday through 55 Saturday only, are established on the following City streets: 56 . . . 57 (3) Reserved for future useOn the west side of 1st Avenue S.E. between Main Street and the 58 east-west alley located between Main Street and 1st Street S.E. 59 . . . 60 (f) No vehicle shall be parked: 61 . . . 62 (5) Reserved for future useOn the east side of 1st Avenue S.E. from 5th Street S.E. south to 6th 63 Street S.E; 64 . . . 65 66 (g)(1) Notwithstanding the above, the provisions of subsection (f) shall not apply to vehicles which 67 properly display a valid Resident Vehicle Sticker issued to a person who resides at an address which 68 abuts any of the following City streets or street segments: 69 . . . 70 (v) Reserved for future use1st Avenue S.E. between its intersection with 5th Street S.E. and its 71 intersection with 6th Street S.E.;” 72 73 Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 74 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 75 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 76 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 77 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 78 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 79 80 Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of 81 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 82 so long as enforcement of same can be given the same effect. 83 84 Section 6. The remaining portions of Carmel City Code Sections 8-47 and 8-48 are not affected by 85 this Ordinance upon its passage. 86 87 Section 7. This Ordinance shall be in full force and effect from and after the date of its passage 88 and signing by the Mayor and such publication as required by law. 89 90 91 92 93 [the remainder of this page is left intentionally blank] 94 95 96 97 98 Ordinance D-2768-25 99 Page Two of Three Pages 100 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on March 21, 2025, at 4:20 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ________day of 101 _______________________, 2025, by a vote of _____ ayes and _____ nays. 102 103 COMMON COUNCIL FOR THE CITY OF CARMEL 104 105 ______________________________ ______________________________ 106 Adam Aasen, President Matthew Snyder, Vice-President 107 108 ______________________________ ______________________________ 109 Rich Taylor Anthony Green 110 111 ______________________________ ______________________________ 112 Jeff Worrell Teresa Ayers 113 114 ______________________________ ______________________________ 115 Shannon Minnaar Ryan Locke 116 117 ______________________________ 118 Anita Joshi 119 120 ATTEST: 121 122 123 ______________________________ 124 Jacob Quinn, Clerk 125 126 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 127 _________________________ 2025, at _________ __.M. 128 129 130 ______________________________ 131 Jacob Quinn, Clerk 132 133 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 134 ________________________ 2025, at _________ __.M. 135 136 137 ______________________________ 138 Sue Finkam, Mayor 139 140 ATTEST: 141 142 143 ______________________________ 144 Jacob Quinn, Clerk 145 146 147 Ordinance D-2768-25 148 Page Three of Three Pages 149 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 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-2769-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-63 OF THE CARMEL CITY CODE 4 5 Synopsis: Ordinance amending the fine for failing to display a valid permit for motor vehicle parking 6 on a city sidewalk, multi-use path, or bicycle lane. 7 8 WHEREAS, the City of Carmel (the “City”) within the reasonable exercise of its police power, may 9 by ordinance regulate the operation of motorized vehicles on City sidewalks, multi -use paths, and bicycle 10 lanes; and 11 12 WHEREAS, the City has previously regulated the operation of motorized vehicles on City 13 sidewalks, multi-use paths, and bicycle lanes within its corporate limits, such regulations being codified, in 14 part, in City Code Section 6-63; and 15 16 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interest 17 of public safety and welfare to amend the regulations related to the operation of motorized vehicles on City 18 sidewalks, multi-use paths, and bicycle. 19 20 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 21 as follows: 22 23 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 24 25 Section 2. The following subsection of Carmel City Code Section 6-63 is hereby amended and shall 26 read as follows: 27 28 “§ 6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, Bicycle Lanes, and Roadways. 29 . . . 30 (k) Penalties. Any person who fails to display a valid permit under this section shall be subject to a fine of 31 $200 for the first offense, a fine of $250 for the second offense, and a fine of $2,500, plus costs, for all 32 subsequent offenses within the same calendar year. All other violations under violating this section 33 shall be subject to a fine of $10, for the first such offense, a fine of $25, for the second offense, and a 34 fine of $100, plus costs, for all subsequent offenses within the same calendar year. If a vehicle displays 35 an invalid permit, the fine amount will be increased by an additional $150. This does not limit the 36 authority of the court to impose additional penalties as permitted by law for moving violations, 37 including suspension of driving privileges and mandating the violator attend and complete a defensive 38 driving class. First and second offense violations of this section may be filed with the City Court' 39 Ordinance Violations Bureau.” 40 41 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 42 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 43 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 44 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 45 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 46 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 47 48 Ordinance D-2769-25 49 Page One of Three Pages 50 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 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 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 51 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 52 so long as enforcement of same can be given the same effect. 53 54 Section 5. The remaining portions of Carmel City Code Sections 8-47 and 8-48 are not affected by 55 this Ordinance upon its passage. 56 57 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 58 and signing by the Mayor and such publication as required by law. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 [the remainder of this page is left intentionally blank] 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Ordinance D-2769-25 99 Page Two of Three Pages 100 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 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 101 _______________________, 2025, by a vote of _____ ayes and _____ nays. 102 103 COMMON COUNCIL FOR THE CITY OF CARMEL 104 105 ______________________________ ______________________________ 106 Adam Aasen, President Matthew Snyder, Vice-President 107 108 ______________________________ ______________________________ 109 Rich Taylor Anthony Green 110 111 ______________________________ ______________________________ 112 Jeff Worrell Teresa Ayers 113 114 ______________________________ ______________________________ 115 Shannon Minnaar Ryan Locke 116 117 ______________________________ 118 Anita Joshi 119 120 ATTEST: 121 122 123 ______________________________ 124 Jacob Quinn, Clerk 125 126 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 127 _________________________ 2025, at _________ __.M. 128 129 130 ______________________________ 131 Jacob Quinn, Clerk 132 133 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 134 ________________________ 2025, at _________ __.M. 135 136 137 ______________________________ 138 Sue Finkam, Mayor 139 140 ATTEST: 141 142 143 ______________________________ 144 Jacob Quinn, Clerk 145 146 147 148 Ordinance D-2769-25 149 Page Three of Three Pages 150 Sponsors: Councilors Aasen, Taylor, Snyder and Ayers 1 ORDINANCE NO. D-2770-25 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 3 ADOPTING A NEW ARTICLE 6 UNDER CHAPTER 4 OF THE CARMEL CITY CODE 4 Synopsis: 5 An Ordinance adopting requirements that owners of residential rental dwellings register and obtain a 6 permit before letting a residential rental dwelling and; limits the number of authorized residential dwelling 7 permits to ten percent of all homes within any subdivision or the City of Carmel as whole. 8 9 WHEREAS, the City of Carmel has long been recognized for excellence in many aspects of its 10 planning, development, implementation and service, which has been recognized by various organizations 11 locally, nationally and internationally. The City continues to appear on national, data-driven ‘Best’ lists 12 where cities’ rankings are assigned based on job market, net migration and quality of life numbers; and 13 14 WHEREAS, the City has a vested and continued interest in (1) benefiting the general public by 15 minimizing adverse impacts on established residential neighborhoods in the City and the owners and 16 residents of properties in these neighborhoods resulting from the conversion of residential properties to 17 transient use; (2) ensuring public health, safety and welfare insofar as they are affected by the continued 18 occupancy and maintenance of structures and premises used as a residential rental dwelling; (3) assisting in 19 the elimination of blight and to promote maintenance of homes; and (4) encouraging home ownership in 20 established residential neighborhoods in the City; and 21 22 WHEREAS, the City has seen an increase in single-family homes being purchased and used as 23 rental units within the City and surrounding municipalities; and 24 25 WHEREAS, the City recognizes the need for a rental registration program for residential rental 26 dwellings within the City to provide an efficient and timely system of communication regarding code 27 enforcement, fire and safety, and law enforcement for the health, safety, and welfare of all residents of the 28 City; and 29 30 WHEREAS, the adoption of a rental dwelling registration and permit system advances a legitimate 31 public purpose in order to protect the public health, safety and welfare of the City; and 32 33 WHEREAS, the City is authorized under Ind. Code §36-1-20-1 et seq. and now wishes to adopt 34 requirements regarding registration and permitting of rental housing; 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF 37 CARMEL, INDIANA, as follows: 38 39 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 40 Section 2. A new Article 6 is established under Chapter 4 of the Carmel City Code, to read as 41 follows: 42 CHAPTER 4 FEES, LICENSES, PERMITS AND FRANCHISES 43 44 ARTICLE 6: RESIDENTIAL RENTAL DWELLING PERMIT AND REGISTRATION PROGARM 45 § 4-500 PURPOSE AND APPLICABILITY. 46 (A) The Residential Rental Dwelling Permit and Registration Program is hereby established for the 47 following purposes: 48 (1) To benefit the general public by minimizing adverse impacts on established residential 49 neighborhoods in the City and the owners and residents of properties in these neighborhoods 50 resulting from the conversion of residential properties to transient use; 51 (2) To ensure public health, safety and welfare insofar as they are affected by the continued occupancy 52 and maintenance of structures and premises used as a residential rental dwelling; 53 (3) To assist in the elimination of blight and to promote maintenance of homes; and 54 (4) To encourage home ownership in established residential neighborhoods in the City. 55 (B) The Residential Rental Dwelling Permit and Registration Program applies to all residential rental 56 dwellings located within the corporate boundaries of the City of Carmel. 57 § 5-501 DEFINITIONS. 58 For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or 59 requires a different meaning. Words not defined herein shall have the meanings ascribed to them in the 60 Unified Development Ordinance. 61 EXCLUDED RENTAL DWELLINGS means any one of the following: 62 (1) The rental of a dwelling regulated as a “short term rental” property under Indiana Code §36-63 1-24-1 et seq. or Article 5.74 of the Unified Development Ordinance. 64 (2) The rental of a dwelling where the owner(s) resides in the dwelling and leases to individuals 65 or a family while they are absent from the City of Carmel for a period of time not exceeding six (6) 66 months, and who intends to return to their dwelling at the expiration of the lease period; 67 (3) The rental of a dwelling where the owner(s) who resided in the dwelling has been relocated 68 by their employer in excess of fifty (50) miles from the location in the last year; 69 (4) The rental of the dwelling where the owner or owner(s) who resided in the dwelling are active 70 members of the military and have been deployed; 71 (5) The rental of the dwelling where the owner(s) who resided in the dwelling has experienced a 72 death, divorce, transfer to assisted living or other life situation which has necessitated them to vacate 73 the dwelling in the last year and they would experience an undue hardship if they sold the dwelling; 74 (6) The rental of the dwelling to a legal dependent or immediate family member of the owner(s); 75 (7) The rental of the dwelling where the owner of the dwelling has received the dwelling as an 76 inheritance following the death of the previous owner; 77 (8) The rental of the dwelling while it is offered for sale on the multiple listing service (MLS); 78 and 79 (9) The rental of the dwelling where the owner(s) who resided in the home has, within the last 80 year, listed the dwelling on the multiple listing service (MLS) for an aggregate of at least six (6) 81 months and has been unable to sell the dwelling. 82 IMMEDIATE FAMILY MEMBER. Includes spouse, child, step-child, parent, step-parent, brother, 83 sister, step-siblings, grandparent and grandchildren. 84 LEGACY DWELLINGS. Residential rental dwellings existing within a Subdivision on or prior to 85 the effective date of this Ordinance for which the owner has submitted a complete initial registration and 86 permit application by December 31, 2025. 87 LEGAL DEPENDENT. Natural born or adopted children, spouses, household members covered by 88 conservatorship or guardianship or those other adults claimed on tax returns as legal dependents. 89 LET FOR OCCUPANCY. To permit, provide, or offer possession or occupancy of a single-family 90 home by an owner to a third party pursuant to a written or unwritten lease, agreement or license, or pursuant 91 to an unrecorded contract for sale. 92 OWNER has the meaning set forth in Ind. Code 32-31-3-4. 93 RESIDENTIAL RENTAL DWELLING. A single-family home or townhome that is let for 94 occupancy for compensation by an owner for a period of more than thirty (30) consecutive days. This 95 definition includes Excluded Dwellings (as defined herein), but does not apply to the occupancy of the 96 dwelling by the purchaser under a contract of sale, provided the contract for sale is properly recorded with 97 the Hamilton County Recorder’s Office. 98 RENTAL DWELLING PERMIT. A permit, issued by the Director of Community Services or his 99 or her designee under this chapter, authorizing the owner to let for occupancy a residential rental dwelling. 100 SINGLE-FAMILY HOME. A residential building containing only one (1) Dwelling Unit and not 101 occupied by more than one family. 102 SUBDIVISION. A neighborhood or other similar residential development of ten (10) or more single-103 family homes or townhomes as a plat bearing the same name with different phases, or as a Planned Unit 104 Development, as shown on the Hamilton County, Indiana parcel card/property report under “Subdivision” 105 or “Subdivision Name”. 106 TOWNHOME. One or more single-family homes with a minimal front and rear yards, no side yards, 107 arranged side by side, separated by common walls between living area, each having more than one story. 108 TENANCY AGREEMENT. All agreements, written, oral or implied, and valid rules and regulations 109 embodying the terms and conditions concerning the use and occupancy of a residential rental dwelling. 110 TENANT. Any person entitled to occupy a residential rental dwelling under a tenancy agreement to 111 the exclusion of others. 112 113 § 4-500 REQUIREMENTS 114 115 No owner shall let for occupancy a residential rental dwelling without first registering the dwelling and 116 obtaining the rental dwelling permit with the Department of Community Services. 117 118 § 4-501 REGISTRATION 119 120 (A) On or before January 1, 2026, an owner of a residential rental dwelling must register all residential 121 rental dwelling(s). Registration of a residential rental dwelling shall be effected by furnishing the Department 122 of Community Services upon a form supplied by the Department of Community Services, the following 123 information: 124 125 (1) Name(s) of all owner(s); 126 (2) Street address of owner(s); 127 (3) Phone number of owner(s); 128 (4) Email address of owner(s); 129 (5) Name, street address, phone number and email address of agent, if any, authorized to act on 130 behalf of the owner(s) in regard to the residential rental dwelling, including service of process; 131 (6) Verification that a Homestead Property Tax Deduction is not being claimed on the property 132 while in use as a rental dwelling; and 133 (7) Whether the owner or the residential rental dwelling: 134 (a) has been cited for violation of any requirement imposed by the City Code, including this 135 Article; 136 (b) is current on all City of Carmel utility invoices (sanitary sewer, trash, and stormwater); 137 and 138 (c) has been the subject of more than three (3) public safety calls for service in the last 139 twenty-four (24) months. 140 141 (B) By listing a street address of the owner(s) in the residential rental dwelling registration, the owner(s) 142 thereby consents to service of process at that address. 143 (C) Any owner(s) who does not reside in or have their principal place of business in Indiana shall 144 designate and list an in-state agent under subsection (a)(5). 145 (D) The residential rental dwelling registration form shall be signed by the owner. 146 (E) Whenever an owner(s) or agent changes his contact information (mailing address, phone number or 147 email address) it shall be his responsibility to provide the Department of Community Services with an 148 updated residential rental dwelling registration form. All updated registration forms shall be signed by the 149 owner. 150 (F) Whenever ownership of the residential rental dwelling changes and the new owner intends to let the 151 dwelling for occupancy, the new owner shall file a new registration with the Department of Community 152 Services within thirty (30) days of obtaining title to the residential rental dwelling. Each parcel of property 153 on which a residential rental dwelling is located requires a separate registration. 154 (G) All current owners shall submit an initial registration application for any and all existing residential 155 rental dwellings by December 31, 2025. Thereafter, any owner shall have thirty days (30) days to register 156 that residential rental dwelling after obtaining ownership. 157 158 § 4-502 HOME RENTAL DWELLING PERMITS 159 (A) The Department of Community Services shall treat a residential rental dwelling registration form as 160 an application for a residential rental dwelling permit. The Department of Community Services shall issue a 161 residential rental dwelling permit to the residential rental dwelling’s owner(s) if and only if all of the 162 following criteria are satisfied: 163 164 (1) The residential rental dwelling registration form contains all of the information required by 165 §4-501. 166 (2) The owner of the residential rental dwelling: 167 (a) has not been cited for violation of any requirement imposed by Chapter 6 or Chapter 10 168 of the City Code; 169 (b) is current on all City utility invoices (sanitary sewer, trash, and stormwater); and 170 (c) has not been the subject of more than three (3) public safety calls for service in the last 171 twenty-four (24) months. 172 173 If the owner or property has been found in violation of (A)(2)(a)-(c), the Director of Community 174 Services may determine in his or her discretion that the public interest nevertheless supports issuing a 175 residential rental dwelling permit. 176 177 (3) At the time the residential rental dwelling permit would be issued, less than ten percent 178 (10%) of the single-family homes and townhomes in either (1) the Subdivision or (2) the City of 179 Carmel are registered and permitted as residential rental dwellings. This subdivision shall not apply 180 to Legacy Dwellings defined in this Article but shall apply to any residential rental dwelling 181 registered after December 31, 2025. 182 183 (B) Notwithstanding the limitations contained under subsection (A)(3), Excluded Dwellings shall be 184 entitled to a permit if the criteria under subsections (A)(1) and (2) are met, but shall count toward the 10% 185 limits established for residential rental dwellings herein. 186 (C) A rental dwelling permit shall not expire until the ownership of a residential rental dwelling changes. 187 If the ownership of the residential rental dwelling changes, the new owner must apply for a new residential 188 rental dwelling permit. Where a dwelling is owned by more than one owner with rights of survivorship, a 189 new application need not be filed upon the death of one of the owners. 190 (D) Residential rental dwelling permits may not be sold, transferred, or otherwise alienated. 191 (E) The Department of Community Services shall not charge a fee to obtain a residential rental dwelling 192 permit. 193 (F) A denial of residential rental dwelling permit may be appealed under §4-504. 194 195 §4-503 REVOCATION OF A RENTAL DWELLING PERMIT 196 197 (A) A residential rental dwelling permit may be subject to revocation under the following circumstances: 198 199 1) Failure to correct violations within the time specified in a Notice of Violation issued pursuant to 200 this chapter; 201 2) Any other violation of Chapter 6 or Chapter 10 of the City Code; 202 3) Continued delinquency of City utility bills; or 203 4) Any specific provisions of the city ordinances that place undue burden on public safety 204 resources. 205 (B) If the Director of Community Services finds that the permit should be revoked, the Director shall give 206 the owner written notice by certified mail, return receipt requested, that the Director intends to proceed 207 to revoke the permit unless the owner requests a hearing by a City Hearing Officer. Such request shall 208 be made in writing and filed in the office of the City Clerk within 15 days from the day that the owner 209 receives the notice of the proposed action. The notice shall contain a statement of the facts upon which 210 the Director has acted. If an owner fails to request a hearing, the Director shall proceed to revoke the 211 permit. The written determination by the Director to revoke the permit shall be filed in the office of 212 the City Clerk and sent by certified mail, return receipt requested, to the owner. 213 (C) When a hearing is requested pursuant to division (B) above, the hearing shall be held In accordance 214 with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8. 215 (D) Any person whose permit has been revoked shall not be permitted to apply for another permit for one 216 year after the filing of the written statement revoking the permit. 217 § 4-504 PENALTIES AND REMEDIES 218 (A) Violations of this Article are subject to the following civil fines and penalties, beginning January 219 1, 2026: 220 (1) An owner who fails to register a residential rental dwelling commits a civil violation and shall 221 be punished by a fine in the amount of $500. 222 (2) An owner who lets a residential rental dwelling without a permit shall be punished by an initial 223 fine of $2,500. If the owner has not obtained a permit or otherwise complied with this Article 224 within thirty (30) days after receiving a Notice of Violation under subsection (E), the owner shall 225 be fined $100 per day for each day the residential rental dwelling is let without a permit. 226 (B) The failure to comply with any of the requirements under this Article constitutes a violation of this 227 Article. Any residential rental dwelling let for occupancy in violation of this Article is hereby declared to be 228 a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be 229 abated under existing law. 230 (C) A violation continues to exist until corrected and verified by the Director of the Department 231 Community Services. Correction includes, but is not limited to any or a combination of: 232 (1) Cessation of an unlawful practice; 233 (2) Remediation of a violation; 234 (3) Payment of fees or fines; 235 (4) Vacancy of a residential rental dwelling; and 236 (5) Other remedy acceptable to the City. 237 (D) The Director of the Department of Community Services may issue a Notice of Violation to any 238 owner who commits a civil violation under this Chapter. The Notice of Violation may be served by personal 239 service, by certified mail or by placement in a conspicuous place on the residential rental dwelling. 240 (E) The Notice of Violation shall serve as notice to the owner that the owner has committed a civil 241 violation and shall include: 242 (1) The date of issuance; 243 (2) The name of the owner charged and the address of the residential rental dwelling with respect 244 to which the violation occurred; 245 (3) The civil monetary fine the City will impose for the violation and where the fine may be 246 paid; 247 (4) The remedy or combination of remedies imposed and the date on which the owner shall 248 complete the remedial action; 249 (5) Contact information for the Department of Community Services; and 250 (6) How to appeal the Notice of Violation. 251 (F) A Notice of Violation or a denial of a permit may be appealed to the City of Carmel City Court 252 within ten (10) days of receipt of the Notice of Violation or denial of home rental unit. 253 (G) If the owner does not timely file an appeal, complete corrective action, or pay the fine by the date 254 set forth in the Notice of Violation, the Director of Community Services shall send the Notice of Violation 255 and all supporting documentation to the City Legal Department. The head of the City Legal Department shall 256 in the name of the City of Carmel bring an enforcement action in the Carmel City Court or in the Circuit or 257 Superior Courts of Hamilton County, for civil monetary fines and penalties and/or mandatory and injunctive 258 relief in the enforcement of and to secure compliance with this Article. Any such action may be joined with 259 an action to enforce any other ordinance. 260 (H) An owner found to be in violation may be enjoined from letting the dwelling for occupancy and is 261 further liable for all civil monetary fines, court costs, and fees. No costs may be assessed against the City in 262 any such action. 263 (I) Seeking civil penalties as authorized in this section does not preclude the City from seeking 264 alternative relief from the Court in the same action or any other remedy in a separate action. The remedies 265 provided for in this title shall be cumulative, and not exclusive, and shall be in addition to any other remedies 266 available in law or equity. 267 (J) If an owner fails to pay the civil monetary penalty or violates the terms of any other order 268 § 4-505 REGISTRATION FUND 269 270 There is hereby established a Rental Registration Fund as a non-reverting fund, as may be 271 designated by the Council, within the City to receive any and all sums collected pursuant to this Ordinance. 272 The controller shall deposit in this fund all fines assessed and collected pertaining exclusively to this 273 Ordinance. This fund shall be dedicated solely to reimbursing the costs actually incurred relating to the 274 Residential Rental Dwelling Permit and Registration Program. 275 276 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this 277 Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this 278 Ordinance, such repeal to have prospective effect only. 279 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court 280 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 281 Ordinance 282 Section 5. This Ordinance shall be in full force and effect from and after the date of its passage 283 and signing by the Mayor and such publication as required by law. 284 285 [Signature Page Follows] 286 287 PASSED by the Common Council of the City of Carmel, this ______ day of 288 __________________, 2025, by a vote of ______ ayes and _____ nays. 289 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 290 291 ___________________________________ ____________________________________ 292 Adam Aasen, President Matthew Snyder, Vice-President 293 294 ___________________________________ ____________________________________ 295 Teresa Ayers Anita Joshi 296 297 ___________________________________ ____________________________________ 298 Ryan Locke Shannon Minnaar 299 300 ___________________________________ ___________________________________ 301 Anthony Green Rich Taylor 302 303 ___________________________________ 304 Jeff Worrell 305 306 307 ATTEST: 308 309 __________________________________ 310 Jacob Quinn, Clerk 311 312 Presented by me to the Mayor of the City of Carmel, Indiana this _____ day of 313 _________________________ 2025, at _______ __.M. 314 315 ____________________________________ 316 Jacob Quinn, Clerk 317 318 Approved by me, Mayor of the City of Carmel, Indiana, this ______ day of 319 ________________________ 2025, at _______ __.M. 320 321 _________________________________ 322 Sue Finkam, Mayor 323 324 ATTEST: 325 326 ___________________________________ 327 Jacob Quinn, Clerk 328 329 330 Prepared by: Ted Nolting 331 Kroger Gardis & Regas LLP 332 111 Monument Circle, Suite 900 333 Indianapolis, IN 46204 334 335