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Home My WebLink AboutCCM-10-20-03Office of the Clerk-Treasurer Cky of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, OCTOBER 20, 2003 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. October 6, 2003 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks and Recreation ,Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 10. OLD BUSINESS a. Second Readin~ of Ordinance No. D-1645; An Ordinance of thc Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Sections 6-50 and 6-65 and Chapter 6, Article 5, Division I, Section 6-75, Division II, Section 6-88, Division III, Sections 6-93 and 9-94 and Division VII, Section 6-146 of the Carmel City Code; (Barbed Wire and Electric Fences); Sponsor: Council President Snyder 11. PUBLIC HEARINGS a. First Readin~ of Ordinance No. D-1654-03; An Ordinance of the Common Council of the City of Carm¢l, Indiana, Providing for an Additional Appropriation of Funds From the General Fund Operating Balance ($201,500.00 - Street Maintenance Facility/S481,500.00 - Parks Joinder Payment); Sponsor: Councilor Wilson b. First Reading of Ordinance No. D-1655-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From the Rainy Day Fund Operating Balance ($1,400,000.00); Sponsor: Council President Snyder c. First Readin~ of Ordinance No. Z-414-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification - A Common Area Within the Danbury Subdivision from the R-i/Residence District Classification to the P-l/Parks & Recreation District Classification; (Danbury Subdivision); Sponsor: Councilor Wilson d. Second Reading of Ordinance No. Z-417-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting by Reference Chapter 20J: AG-1 Agriculture District into Article 1: Zoning Code of Chapter I0: Zoning & Subdivisions of the City of Carmel, Indiana, Code of Ordinances; Sponsor: Council President Snyder 12. NEW BUSINESS Resolution No. CC-10-20-03-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Seven (7) Year Personal Property Tax Abatement for SMS Development LLC and Zotec Solutions Inc. Located at 11460 North Meridian Street; Sponsors: Council President Snyder and Councilor Kirby Resolution No. CC-10-20-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds to the Budget of the Street Department ($15,000.00); Sponsor: Councilor Wilson Resolution No. CC-10-20-03-03; A Resolution of the Common Council of the City of Carmel, Indiana, to Consent to the Transfer of Carmel Creek Apartments, an Apartment Complex Refinanced With the Proceeds of the City's "City of Carmel, Indiana, Economic Development Revenue Refunding Bonds, Series 1995 (Cool Creek Associates, Ltd. Project)", to Carmel Creek LLC, an Indiana Limited Liability Company (the "Purchaser") and Authorizing and Approving Other Actions in Respect Thereto; Sponsor: Council President Snyder Resolution No. CC-10-20-03-04; A Resolution of the Common Council of the City of Carmel, indiana, Approving an Amendment to the Carmel/Clay Comprehensive Plan Regarding Agricultural Zoning Districts; Sponsors Councilor Wilson 13. 14. 15. 16. OTHER BUSINESS ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 20, 2003 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Luci Snyder; Council Members Kevin Kirby, John Koven, Norm Rundle and Wayne Wilson; Clerk-Treasurer Diana Cord.ray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Mayor James Brainard and Councilors Bob Battreall and Ron Carter were absent. Council President Snyder called the meeting to order at 7:00 p.m. Richard Clark, Minister of Central Christian Church in Carmel pronounced the Invocation. __Council President Snyder led the Pledge of Allegiance. RECOGNITION OF CITY EMI~LOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the October 6, 2003 Regular Meeting. Wilson seconded. The Minutes were approved 5-0. Councilor RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Kasey Kauffman of 10525 Power Drive, Council Appointment to the Cannel/Clay Library Board, provided a Quarterly Library Report to Council. Andy Miller of 11595 Braemar Court, introduced himself to Council as a candidate for the House of Representatives in the 86th District. ~ COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: There were none. ACTION ON MAYORAL VETOES: Council President Snyder announced the Mayoral Veto &Resolution No. CC-10-06-03-01 and asked for a motion from the body. Councilor Wilson moved to override Mayor Brainard's veto of the Resolution. Councilor Kirby seconded. Mayor Brainard's veto of Resolution No. CC-10-06-03-01 was overruled by a vote of 5-0. CLAIMS: Councilor Rundle moved to approve claims in the amount of $1,196,216.56 and $312,732.61. Councilor Wilson seconded. Claims were approved 5-0. COMMITTEE REPORTS: Councilor Snyder stated that no Committees have met since the last meeting of Council. OLD BUSINESS: Council President Snyder announced the Second Reading of Ordinance No. D-1645-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Sections 6-50 and 6- --65 and Chapter 6, Article 5, Division I, Section 6-75, Division II, Section 6-88, Division III, Sections 6-93 and 9-94 and Division VII, Section 6-146 of the Carmel City Code; (Barbed Wire and Electric Fences). Council President Snyder began the presentation of this matter to Council, then turned the meeting over to former Council President, Wayne Wilson, to act on her behalf due to her failing voice. There was no Council discussion of this item. Ordinance No. D-1645-03 was approved by a vote of 5-0. PUBLIC HEARINGS: Acting Council President Wilson armounced the First Reading of Ordinance No. D-1654-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Providing for an Additional Appropriation of Funds From the General Fund Operating Balance ($201,500.00 - Street Maintenance Facility/S481,500.00 - Parks Joinder Payment). Councilor Kirby moved to introduce this item into business. Councilor Rundle seconded. Acting Council President Wilson presented this matter to Council. Clerk-Treasurer Diana Cordray provided additional details concerning the appropriation. Acting Council President Wilson opened the matter for Public Hearing at 7:12 p.m. Seeing no one who ~ished to speak, the Public Hearing was closed at 7:12:30 p.m. There was no Council discussion. Acting Council President Wilson referred Ordinance No. D-1654-03 to the Finance Committee for further review and consideration. Acting Council President Wilson announced the First Reading of Ordinance No. D-1655-03; An Ordinance of the Common Council of the City of Carmel, Indiana, ProvidingI for an Additional Appropriation of Funds From the Rainy Day Fund Operating Balance ($1,400,000.00). Councilor Kirby moved to introduce this item into business. Councilor Rundle seconded. Acting CouncillPresidant Wilson presented this matter to --Council. Dave Klingensmith, Street Commissioner, provided ~dditional details concerning this request. Acting Council President Wilson opened the matter for Public I~earing at 7:17 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 7:17:30 p.m. There was extensive Council discussion. Acting Council President Wilson referred Ordinance No. D-1655-03 to the Finance Committee for further review and consideration. ~ 2 Acting Council President Wilson announced the First Reading of Ordinance No. Z-414-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification - A Common Area Within the Danbury Subdivision from the R-I/Residence DiStrict Classification to the P-I/Parks & Recreation District Classification; (Danbury Subdivision). Counbilor Kirby moved to introduce this item into business. Councilor Rundle seconded. Acting Council Piesident Wilson presented this matter to Council and opened the Public Hearing at 7:34 p.m. The followir~ ~ persons addressed Council in opposition of this item: Scott ~Vyatt of 650 East Carmel Drive, attorney with Cam Danbury Estates Homeowners Association Jeff Case of 14500 Dublin Drive, former President of Association spoke on behalf of the majority of homeowner Seeing no one else who wished to speak, Acting Council Presidem ~ell Kyle Proffitt and representing ~e Danbury Estates Homeowners Wilson closed the Public Heating at 7:49 p.m. Michael Hollibaugh, Director of the Department of Commur ity Services commented and responded to Council concerns regarding this matter. There was extensive di ~cussion wherein Council questioned the percentage of homeowners against this proposed rezone. Carl Si mpson, President of the Danbury Estates Homeowners Association responded to Council's question advis: ng that the vast majority are against the proposed rezone. He offered further that all homeowners ever Io speak regarding the matter have been against the matter. Council discussion continued. Councilor Koven responded as Councilman for this --District (No. 2). Councilor Kirby also commented. Councilor Koven moved to suspend the rules sending this matter to Committee and to vote on this item this evening. Councilor Kirby seconded. The motion to suspend the rules was approved by a vote of 5-0. There was no further discussion. Ordinance No. Z-414-03 was DEFEATED by a vote of 5-0. Acting Council President Wilson announced the Second Reading of Ordinance No. Z-417-03; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting by Reference Chapter 20J: AG-1 Agriculture District into Article 1: Zoning Code of Chapter 10: Zoning & Subdivisions of the City of Carmel, Indiana, Code of Ordinances. Councilor Kirby moved to introduce this item into business. Council President Snyder seconded. Acting Council President Wilson presented this matter to Council and opened the Public Hearing at 8:06 p.m. The following persons addressed Council in favor of the proposed Ordinance: David Maksymczak of 940 West 131st Street Cindy Gasper of 13532 Six Points Road Mike Griswald of 13603 Springmill Road Seeing no one else who wished to speak, Acting Council President Wilson closed the Public Hearing at 8:16 p.m. There was extensive Council discussion. Councilor Kirb~ moved to suspend the rules sending this matter to Committee and to vote on this item this evening. Cl~rk-Treasurer Diana Cordray advised that motion would not be necessary since this matter is a Second Re~ding and has already visited Committee. Council discussion continued. Ordinance No. Z-417-03 was approved by a vote of 5-0. NEW BUSINESS: Acting Council President Wilson announced Resolution No. CC-10-20-03-01; A Resolution o£ the Common Council of the City of Carmel, Indiana, Approving a Seven (7) Year Personal Property Tax Abatement for SMS Development LLC and Zotoc Solutions Inc. Located at 11460 North Meridian Street. Councilor Rundle moved to introduce this item into business. Council President Snyder seconded. Councilor Kirby presented this matter to Council. Larry Gigerich of GINOVUS ~rovided additional details concerning the proposed Resolution. There was no Council discussion. Resolution No. CC-I0-20-03-01 was approved by a vote of 5-0. Acting Council President Wilson announced Resolution No. CC-10-20-03-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds to the Budget of the Street Department ($15,000.00). Councilor Rundle moved to introduce {his item into business. Council President Snyder seconded. Acting Council President Wilson presented this matter to Council. There was brief discussion. Resolution No. CC-10-20-03-02 was approved by a vote of 5-0. Acting Council President Wilson announced Resolution No. CC-1 Council of the City of Carmel, Indiana, to Consent to the Tr Apartment Complex Refinanced With the Proceeds of the Cit Development Revenue Refunding Bonds, Series 1995 (Cool Cri Creek LLC, an Indiana Limited Liability Company (the "Purchase --Actions in Respect Thereto. Council President Snyder move Councilor Kirby seconded. Acting Council President Wilson President Snyder provided additional details. There was no disc was approved by a vote of 5-0. Acting Council President Wilson announced Resolution No. CC-1 Council of the City of Cannel, Indiana, Approving an Amendmen Regarding Agricultural Zoning Districts. Councilor Rundle mo Councilor Koven seconded. There was no discussion. Resolufim vote of 5-0. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There were none. )-20-03 -03; A Resolution of the Common msfer of Carmel Creek Apamnents, an ?s "City of Carmel, Indiana, Economic ek Associates, Ltd. Project)", to Carmel r") and Authorizing and Approving Other to introduce this item into business. sented this matter to Council. Council ussion. Resolution No. CC-10-20-03-03 )-20-03-04_; A Resolution of the Common : to the Carmel/Clay Comprehensive Plan led to introduce this item into business. · No. CC-10-20-03-04 was approved by a 4 .ADJOURNMENT: Acting Council President Wilson moved to adjourn pending the ~ adjourned at 8:35 p.m. ATTEST: Clerk-Treasurer Diana L. Cor~a~y, I~ 10/20/03 CC Minutes Respectfully Clerk-Treasa Approved, orJames :xecution of documents. The meeting was ;ubmitted, ~er Diana ~MC Brainard