HomeMy WebLinkAboutCCM 08-20-01City of Carmel
COMMON COUNCIL MEETING
AGENDA
MONDAY, AUGUST 20, 2001-7:00 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
4. APPROVAL OF MINUTES
a. August 6, 2001 - 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
8. CLAIMS
· Payroll
· General Claims
· Retirement
9. COMMITTEE REPORTS
Administration Committee
Annexation and Land Use Committee
Economic Development Committee
Finance Committee
Parks & Recreation Committee
Public Safety Committee
Rules Committee
Utilities and Transportation Committee
ONE CIVIC SQUARE CARMEL, INDIANA 46032 3 I7/571-2400
10.
OLD BUSINESS
a. Second Readira! of Annexation Ordinance No. C-209; An Ordinance of the
Common Council of the City of Carme1, Indiana, Annexing Certain Territory to the
City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof
and Making the Same a Part of the City of Carmcl (College Hills); Sponsor:
Councilor Wilson
b. Second Readin~ for Reconsideration of Ordinance No. D-1513-01; An Ordinance
of the Common Council of the City of Carmel, Indiana, Approving the Appropriation
and Transfer of Monies From the City User Fee Fund to the Department of Law for
Cost of Administering City Deferral Program ($7,910.00 - previously enacted by
Council on May 21, 2001); Sponsor: Councilor Carter
c. Second Readinl~ of Ordinance No. D-1514-01; An Ordinance of the Common
Council of the City of Cannel, Indiana, Amending Chapter 2, Division VI, Article 4,
Section 2-111 of the Cannel City Code (Police and Fire Pension Funds); Sponsor:
Councilor Carter
d. Second Readinl~ of Ordinance No. D-1517-01; An Ordinance of the Common
Council of the City of Carmel, Indiana, Establishing a Severance Pay Policy for
Employees Dismissed Without Cause; Sponsor: Councilor Battreall
e. Second Reading of Ordinance No. D-1523-01; An Ordinance of the Common
Council of the City of Carmel, Indiana, Amending Chapter 9, Division VII, Article 4,
Sections 9-204, 9-205 and 9-209 of the Carmel City Code (Individual Connections in
Developed Areas - Sewer); Sponsor: Councilor Koven
f. Second Readinll of Ordinance No. D-1524-01; An Ordinance of the Common
Council of the City of Cannel, Indiana, Amending Chapter 9, Division II, Article 2,
Sections 9-38, 9-39 and 9-42 of the Cannel City Code (Individual Connections in
Developed Areas - Water); Sponsor: Councilor Koven
g. Second Readinl~ of Ordinance No. D-1525-01; An Ordinance of the Common
Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II,
Sections 2-37, 2-39, 2-40, 2-41, 2-42, 2-43, 2-46, 2-48, 2-50, 2-51 and 2-56 of the
Cannel City Code (City Employee Compensation and Benefits); Sponsor: Councilor
Battreall
h. Second Reading of Ordinance No. D-1526-01; An Ordinance of the Common
Council of the City of Carmel, Indiana, Approving the Appropriation and Transfer of
Monies From the City User Fee Fund to the Department of Law for Cost of
Administering City Deferral Program ($4,235.00); Sponsor: Councilor Carter
i. Second Readim~ of Ordinance No. D-1529-01; An Ordinance of the Common
Council of the City of Carmel, Indiana, Vacating Certain Public Rights-of-Way
(Durham Drive and Dublin Drive); Sponsor: Councilor Wilson
j. Second Readin!~ of Ordinance No Z.-363; An Ordinance of the Common Council of
the City of Carmel, Indiana, Rezoning District Classification (9.42 acres at the
Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District
Classification to B-5 Business District Classification); Sponsor: Councilor Wilson
Second Readim~ of Ordinance No Z.-364; An Ordinance of the Common Council of
the City of Carmel, Indiana, Rezoning District Classification (1.87 acres at the
Northwest Corner of 131st Street and U.S. 31 from S-2 Residence District
Classification to B-5 Business District Classification); Sponsor: Councilor Wilson
11.
PUBLIC HEARINGS
a. First Readins of Ordinance No. D-1536-01; An Ordinance of the Common Council
of the City of Carmel, Indiana, Authorizing and Approving Additional Appropriations
to the Budget of the Common Council and the Reduction of an Existing
Appropriation; Sponsor: Councilor Kirby
First Readinl! of Ordinance No. D-1537-01; An Ordinance of the Common Council
of the City of Carmel, Indiana, Authorizing and Approving Additional Appropriation
to the Department of Law and the Reduction of Certain Existing Appropriations;
Sponsor: Councilor Carter
c. First Readin~ of Ordinance No Z.-365; An Ordinance of the Common Council of
the City of Carmel, Indiana, to Add New Provisions to the Carmel Clay Zoning
Ordinance (Ordinance No. Z-289) Creating a Park and Recreation District and
Regulating Sexually Oriented Businesses, Model Homes, Special Use Signs,
Variance Signs, and Non-Conforming Signs and to Make Several Procedural and
Corrective Amendments to the Zoning Ordinance; Sponsor: Councilor Wilson
12.
NEW
BUSINESS
First Reading, of Annexation Ordinance No. C-207; An Ordinance of the Common
Council of the City of Carreel, Indiana, Annexing Certain Territory Continguous to
the City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries
Thereof and Making the Same a Part of the City of Carmel (Western Clay Township);
Sponsor: Councilors Carter and Battreall
First Readinl~ of Ordinance No. D-1534-01; An Ordinance of the Common Council
of the City of Carmel, Indiana, Amending Chapter 8, Article 7, Section 8-69 of the
Cannel City Code (Removal of Mud and Other Substances from City Streets);
Sponsor: Councilor Koven
First Readins of Ordinance No. D-1535-01; An Ordinance of the Common Council
of the City of Carreel, Indiana, Establishing City "Rainy Day Fund" and Adding
Chapter 2, Article 4, Section 2-124.4 to the Carreel City Code; Sponsor: Councilor
Koven
First Readins of Ordinance No. D-1538-01; An Ordinance of the Common Council
of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-45 through
8-54, Inclusive, and Sections 8-58 through 8-59, Inclusive, and Chapter 8, Article 8,
Sections 8-91 through 8-93, Inclusive of the Carmel City Code (Parking Regulations);
Sponsor: Councilors Carter, Kirby and Wilson
First Readins, of Ordinance No. D-1539-01; An Ordinance of the Common Council
of the City of Carreel, Indiana, Authorizing the City of Carreel to Issue Its Variable
Rate Economic Development Tax Increment Revenue Bonds of 2001 (Merchants'
Pointe Project) and Approving and Authorizing Other Actions in Respect Thereto;
Sponsor: Councilor Snyder
Resolution No. CC-08-~I]~-01-01; A Resolution of the Common Council of the City
City of Carmel, Indiana, Approving Payment of Construction Costs for Hazel Dell &
Pennsylvania Bond Project ($251,035.20); Sponsor: Councilor Rundle
Resolution No. CC-08~-01-02; A Resolution of the Common Council of the City
of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property
Contiguous to the City of Carmel, Indiana (Western Clay Township Annexation
Ordinance No. C-207); ~0onsor: Councilor Wilson
Resolution No. CC-08-1-01-03; A Resolution of the Common Council of the City
City of Cannel, Indiana, Adopting a Fiscal Plan for the Annexation of Property
Contiguous to the City of Carmel, Indiana (College Hills Annexation Ordinance No.
C-209); Sponsor: Councilor Wilson
13.
OTHER BUSINESS
a. September Meeting Date (Labor Day Holiday - September 3, 2001 )
b. Miscellaneous Tabled Items
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
CITY OF CARMEL
COMMON COUNCIL MEETING
MINUTES
MONDAY, AUGUST 20, 2001 - 7:00 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard; Council Members Kevin Kirby, John Koven, Bob Battreall, Norm Rundie,
Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-
Treasurer Carde Gallagher.
Mayor Brainard called the meeting to order at 7:00 p.m.
Councilor Carter pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
APPROVAL OF MINUTES:
Councilor Rundie moved to approve the Minutes of the August 20, 2001 Regular Meeting.
Councilor Snyder seconded. The Minutes were approved 7-0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
Barb Richards of 934 Shea, read an announcement on behalf of the League of Women Voters of
Hamilton County stating their efforts to study the housing needs in Hamilton County, a copy of
which is made an attachment to the original Minutes of this meeting.
Mo Merhoff of 41 East Main Street, spoke on behalf of the Cannel-Clay Chamber of Commerce
with concerns on proposed amendments to the Zoning Ordinance, a copy of such statement is made
an attachment to the original Minutes of this meeting.
Paul Reis of 5013 Buckeye Court, addressed the Council with concerns regarding the proposed
Ordinances for water and sewer connections in developed areas of the City of Cannel.
The following person addressed the Council in opposition of .4nnexation Ordinance No. C-207:
Fred Lindsev of 2218 Burn~n~ Tree Lane.
The followingpersons addressed the Council in favor of ~4nnexation Ordinance No. C-207:
Billy Walker of 721 West Auman Drive;
Patrice Waidner of 13018 Southampton Court;
Jim Dillon of 507 Cornwall Court;
Sharon Clark with Hamilton County Board of Commissioners;
Judy Ha~an, Clay Township Trustee;
Meredith L. Carter of 10350 Noah Park Avenue;
William Albom of 1320 Thistlewood Court, a copy of his statement is made an attachment to the
original Minutes of this meeting;
John E. Moody of 9753 Innisbrook Boulevard;
Alexa Albrecht of 1604 Old Mill Circle;
Herbert Doepken of 2972 Towne Drive;
Mark May of 10381 Sprin~ Highland Drive;
Barbara Layton of 10300 Sprinmnill Road;
Mark Ratterman of 11257 St. Andrews Lane;
Bud Wilson of 10411 Towne Road;
Maureen Pearson of 3705 Sumter Way;
Dan Dutcher of 11583 Sutton Place Drive.
COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS:
Councilor Koven asked for a report on the City auction to which the Clerk-Treasurer provided a
statement of revenue.
Councilor Carlet addressed Mayor Brainard with concerns for driving conditions on Cannel Drive
presented due to the road construction being done on Carmel Drive at 116th Street. Mayor Brainard
responded and advised he would address Police Chief Fogarty regarding those concerns.
Mayor Brainard commented regarding the proposed annexation of Western Clay Township.
There was general Council discussion concerning the City Operating Balances.
CLAIMS:
Councilor Snyder moved to approve claims in the amounts of $276,519.87, and $620,962.73.
Councilor Rundle seconded. Claims were approved 7-0.
COMMITTEE REPORTS:
Councilor Rundle reported that the Administration Committee met on August 20, 2001, at which
time they reviewed and discussed Ordinance Nos. D-1514-01, D-1517-01 and D-1525-01, all of
which are to be addressed later in the Agenda. A more detailed report will be provided at that time.
The next regular meeting of the Administration Committee is scheduled for September 17, 2001 at
8:30 a.m. in the Caucus Room.
Councilor Wilson reported that the Annexation and Land Use Committee met on August 9, 2001, at
which time discussion continued regarding Annexation Ordinance No. C-207. Councilor Wilson
read aloud a report compiled by the Committee with their recommendations and opinions regarding
Ordinance No. C-207, a copy of that report is made an attachment to the original Minutes of this
meeting and made available to the public in the Clerk-Treasurer's Office. Councilor Snyder also
commented on the report provided by the Committee for which she is a member. The next regular
meeting of the Annexation and Land Use Committee is scheduled for September 13, 2001 at 7:00
p.m in the Caucus Room.
Councilor Snyder stated that the Economic Development Committee canceled its last regular
scheduled meeting on August 20, 2001. The next regular meeting of the Committee is scheduled for
September 17, 2001 at 6:00 p.m. in the Council's office.
Council President Kirby stated that the Finance Committee has not met. The next regular meeting of
the Committee is scheduled for August 24, 2001.
Councilor Carter stated that the Parks and Recreation Committee has not met. The next regular
meeting of the Committee scheduled for September 3, 2001, is canceled due to the Labor Day
holiday.
Councilor Battreall reported that the Public Safety Committee met on August 20, 2001, at which
time Chiefs Callahan and Fogarty provided updates on the Fire and Police departments respectively.
The next meeting of the Committee is scheduled for September 17, 2001 at 10:00 a.m. in the Caucus
Room.
Councilor Koven reported that the Rules Committee has not met. The next regular meeting of the
Committee scheduled for August 24, 2001, at 9:30 a.m. in the Council's Office.
Council President Kirby reported that the Utilities and Transportation Committee met on August 10,
2001, at which time they reviewed proposed Ordinance No. D1538-01 conceming Parking
Regulations. The Committee also discussed Ordinance Nos. D-1523-01 and D-1524-01 regarding
water and sewer connections in developed areas for which the Committee provided a unanimous
recommendation to Council for their passage. The next regular meeting of the Utilities and
Transportation Committee is scheduled for September 14, 2001, at 8:00 a.m. in the Council's Office.
A special meeting of the Committee has been scheduled for August 31, 2001, at 8:30 a.m. in the
Council' s Office.
Council President Kirby called the meeting to recess at 8:48 p. m.
Council President Kirby reconvened the meeting at 8:58 p.m.
OLD BUSINESS:
Council President Kirby advised that in accordance with the Annexation Policy, Item No. 12h on the
Agenda must first be acted on prior to the next item of business. Therefore, Councilor ~Filson moved
to introduce Resolution No. CC-08-20-01-03; A Resolution of the Common Council of the City of
Carreel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of
Carmel, Indiana (College Hills). Councilor Snyder seconded. There was no Council discussion.
Resolution No. CC-08-20-01-03 was approved 7-0.
Council President Kirby announced the Second Reading of Annexation Ordinance No. C-209; An
Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the
City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the
Same a Part of the City of Cannel (College Hills). Councilor Snyder moved to introduce this item
into business. Councilor Wilson seconded. There was Council discussion conceming the district to
which this annexation will be assigned. Councilor Wilson instructed the Ordinance to be assigned to
District No. 1. There was no further discussion. Annexation Ordinance No. C-209 was approved 7-
0.
Council President Kirby announced the Second Reading for Reconsideration of Ordinance No. D-
1513-01; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving the
Appropriation and Transfer of Monies From the City User Fee Fund to the Department of Law for
Cost of Administering City Deferral Program ($7,910.00 - previously enacted by Council on May
21, 2001). Councilor Carter presented this matter to Council. There was no discussion. Ordinance
No. D-1513-01 was approved 7-0.
Council President Kirby announced the Second Readin~ of Ordinance No. D-1514-01; An
Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Division
VI, Article 4, Section 2-111 of the Cannel City Code (Police and Fire Pension Funds). Councilor
Rundle presented proposed amendments to the Ordinance as recommended by the Committee and
moved to make such amendments as read aloud. Councilor Snyder seconded the motion to amend.
The motion to amend was approved 7-0. Councilor Rundle then recommended that the matter
remain in Committee and remm to the next meeting of the Council. Ordinance No. D-1514-01 will
return to the next meeting of Council on September 4, 2001.
Council President Kirby announced the Second Readin~ of Ordinance No. D-1517-01; An
Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Severance Pay
Policy for Employees Dismissed Without Cause. Councilor Battreall stated his desire to be removed
as sponsor for this item. Councilor Rundle reported on behalf of the Administration Committee that
they recommend to Council that this matter be withdrawn and moved as such. Councilor Koven
seconded the motion to withdraw this Ordinance. The motion to withdraw Ordinance No. D-1517-
0._~1 was approved 7-0.
Council President Kirby announced the Second ReadinK of Ordinance No. D-1523-01; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Division
VII, Article 4, Sections 9-204, 9-205 and 9-209 of the Carmel City Code (Individual Connections in
Developed Areas - Sewer). Councilor Koven presented amendments to this Ordinance proposed by
the Committee and read aloud such amendments to Council. Councilor Snyder moved to approve
the proposed amendments as read. Councilor Rundle seconded. There was Council discussion.
John Duffy, Director of the Department of Utilities responded to questions by Council. Councilor
Koven advised that this Ordinance was recommended to Council by a unanimous vote of the
Committee. There was no further discussion. The motion to amend was approved 7-0. Ordinance
No. D-1523-01 was approved 7-0.
Council President Kirby announced the Second Reading of Ordinance No. D-1524-01; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Division II,
Article 2, Sections 9-38, 9-39 and 9-42 of the Cannel City Code (Individual Connections in
Developed Areas - Water). Councilor Koven read aloud proposed amendments to this Ordinance
and advised the Committee provided a unanimous recommendation of this Ordinance to Council.
Councilor Koven then moved to approve such amendments as read. Councilor Snyder seconded.
The motion to amend was approved 7-0. There was no further discussion. Ordinance No. D-1524-
0__1 was approved 7-0.
Council President Kirby announced the Second Reading of Ordinance No. D-1525-01; An
Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3,
Division II, Sections 2-37, 2-39, 2-40, 2-41, 2-42, 2-43, 2-46, 2-48, 2-50, 2-51 and 2-56 of the
Carmel City Code (City Employee Compensation and Benefits). Councilor Rundle reported that the
Administration Committee is still in the process of reviewing this Ordinance and recommended that
this matter remain in Committee for further consideration. Ordinance No. D-1525-01 will remain in
the Administration Committee to remm to Council on September 17, 2001.
Council President Kirby announced the Second Readin~ of Ordinance No. D-1526-01; An
Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Appropriation and
Transfer of Monies From the City User Fee Fund to the Department of Law for Cost of
Administering City Deferral Program ($4,235.00). There was no Council discussion. Ordinance
No. D~1526-01 was approved 7-0.
Council President Kirby announced the Second Reading of Ordinance No. D-1529-01; An
Ordinance of the Common Council of the City of Cannel, Indiana, Vacating Certain Public Rights-
of-Way (Durham Drive and Dublin Drive). Councilor Wilson presented this matter and advised that
the Committee provided a unanimous recommendation of this Ordinance to Council. There was no
discussion. Ordinance No. D-1529-01 was approved 7-0.
Council President Kirby announced the Second Readin~ of Ordinance No Z.-363; An Ordinance of
the Common Council of the City of Camel, Indiana, Rezoning District Classification (9.42 acres at
the Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District Classification to B-5
Business District Classification). Councilor Wilson presented this matter to Council and reported
concerns of the Committee. Councilor Wilson stated that these concerns were discussed with
Attorney Dave Coots of Coots, Henke & Wheeler and advised that an agreement was received from
him with regard to concerns involving DePauw University. Mr. Coots presented Council with a
covenant to be included with this Ordinance as well as Ordinance No. Z-364. There was extensive
Council discussion. Councilor Wilson stated that the Committee provided a unanimous
recommendation of these two Ordinances to Council. There was additional discussion conceming
the covenants. Ordinance No. Z-363 was approved 7-0.
Council President Kirby announced the Second Readin~ of Ordinance No Z.-364; An Ordinance of
the Common Council of the City of Carmel, Indiana, Rezoning District Classification (1.87 acres at
the Northwest Comer of 131st Street and U.S. 31 from S-2 Residence District Classification to B-5
Business District Classification). Councilor Wilson presented the same details of this Ordinance to
Council as represented with Ordinance No. Z-363. There was no Council discussion. Ordinance
.No. Z-364 was approved 7-0.
PUBLIC HEARINGS:
Cotmcil President Kirby announced the First Readin~ of Ordinance No. D-1536-01; An Ordinance
of the Common Council of the City of Carmel, Indiana, Authorizing and Approving Additional
Appropriations to the Budget of the Common Council and the Reduction of an Existing
Appropriation. Councilor Rundle moved to introduce this item into business. Councilor Wilson
seconded. Council President Kirby opened the matter for Public Hearing at 9:54 p.m. Seeing no one
who wished to speak, the Public Hearing was closed at 9:54 p.m. There was no Council discussion.
Councilor Rundle moved to suspend the rules sending this matter to Committee and act on this
matter tonight. Councilor Snyder seconded. The motion to suspend the rules and act on this matter
tonight, requiring a unanimous vote, was defeated by a vote of 6-1. Councilor Battreall voted in the
opposition. Council President Kirby referred Ordinance No. D-1536-01 back to the Finance
Committee.
Council President Kirby announced the First Reading of Ordinance No. D-1537-01; An Ordinance
of the Common Council of the City of Carreel, Indiana, Authorizing and Approving Additional
Appropriation to the Department of Law and the Reduction of Certain Existing Appropriations.
Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Council
President Kirby opened the matter for Public Heating at 9:56 p.m. Seeing no one who wished to
speak, the Public Hearing was closed at 9:56 p.m. There was no Council discussion. Council
President Kirby referred Ordinance No. D-1537-01 to the Finance Committee.
Council President Kirby announced the First Reading of Ordinance No Z.-365; An Ordinance of the
Common Council of the City of Carmel, Indiana, to Add New Provisions to the Carmel Clay Zoning
Ordinance (Ordinance No. Z-289) Creating a Park and Recreation District and Regulating Sexually
Oriented Businesses, Model Homes, Special Use Signs, Variance Signs, and Non-Conforming Signs
and to Make Several Procedural and Corrective Amendments to the Zoning Ordinance. Councilor
Snyder moved to introduce this item into business. Councilor Rundle seconded. Councilor Wilson
presented this matter to Council. President Kirby opened the matter for Public Hearing at 9:58 p.m.
Paul Reis addressed the Council on behalf of numerous clients who may be affected by the passage
of this Ordinance. Seeing no one else who wished to speak, the Public Hearing was closed at 10:04
p.m. There was Council discussion. Mr. Reis responded to Council questions. Council President
Kirby referred Ordinance No. Z-365 to the Annexation and Land Use Committee.
NEW BUSINESS:
Council President Kirby announced the First Readin~ of Annexation Ordinance No. C-207; An
Ordinance of the Common Council of the City of Cannel, Indiana, Annexing Certain Territory
Contiguous to the City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries
Thereof and Making the Same a Part of the City of Carmel (Western Clay Township). Council
President Kirby presented this matter to Council and explained the purpose of this matter returning
to the Agenda as a First Reading only and not a Public Hearing. There was Council discussion.
Councilor Carter commented and read aloud a personal statement. Councilor Carter also offered a
proposed amended Annexation Ordinance No. C-207 for possible consideration. Councilor Battreall
also read aloud a personal statement and presented another proposed amended Annexation
Ordinance No. C-207, excluding tax abatement. Councilor Battreall made an official motion to
amend Ordinance No. C-207. A second to the motion to amend was not received. Councilor Carter
distributed a copy of his proposed amended Ordinance No. C-207 and asked that all members of
Council review his proposed amended Ordinance. Annexation Ordinance No. C-207 will return to
the next meeting of the Council on September 4, 2001.
Council President Kirby announced the First Reading of Ordinance No. D-1534-01; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 7, Section 8-69
of the Cannel City Code (Removal of Mud and Other Substances from City Streets). Councilor
Snyder moved to introduce this item into business. Councilor Wilson seconded. Councilor Koven
presented this matter to Council and recommended this Ordinance be referred to Committee for
further consideration. Council President Kirby referred Ordinance No. D-1534-01 to the Utilities
and Transportation Committee.
Council President Kirby announced the First Reading of Ordinance No. D-1535-01; An Ordinance
of the Common Council of the City of Carmel, Indiana, Establishing City "Rainy Day Fund" and
Adding Chapter 2, Article 4, Section 2-124.4 to the Cannel City Code. Councilor Snyder moved to
introduce this ite~n into business. Councilor Wilson seconded. Councilor Koven presented this
matter to Council. There was no Council discussion. Council President Kirby referred Ordinance
No. D-1535-01 to the Finance Committee.
Council President Kirby announced the First Readin~ of Ordinance No. D-1538-01; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 8, Article 5, Sections 8-
45 through 8-54, Inclusive, and Sections 8-58 through 8-59, Inclusive, and Chapter 8, Article 8,
Sections 8-91 through 8-93, Inclusive of the Cannel City Code (Parking Regulations). Councilor
Wilson moved to introduce this item into business. Councilor Carter seconded. Council President
Kirby presented this matter to Council and advised an expedient return of this Ordinance is desired
and will be reviewed at a special meeting of the Utilities and Transportation Committee on August
31, 2001. Therefore, Council President Kirby referred Ordinance No. D-1538-01 to the Utilities and
Transportation Committee for further consideration.
Council President Kirby advised that Ordinance No. D-1539-01; An Ordinance of the Common
Council of the City of Carrnel, Indiana, Authorizing the City of Carmel to Issue Its Variable Rate
Economic Development Tax Increment Revenue Bonds of 2001 (Merchants' Pointe Project) and
Approving and Authorizing Other Actions in Respect Thereto is withdrawn from the Agenda.
Council President Kirby announced Resolution No. CC-08-20-01-01; A Resolution of the Common
Council of the City of Cannel, Indiana, Approving Payment of Construction Costs for Hazel Dell &
Pennsylvania Bond Project ($251,035.20). Councilor Snyder moved to introduce this item into
business. Councilor Rundle seconded and presented this matter to Council. There was Council
discussion concerning the possibility of legal recourse by the City with regard to unpaid invoices by
the contractor to subcontractors. Mayor Brainard responded to Couneil's concerns. Resolution No.
CC-08-20-01-01 was approved 6-1. Councilor Snyder voted in opposition
Council President Kirby announced Resolution No. CC-08-20-01-02; A Resolution of the Common
Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property
Contiguous to the City of Carreel, Indiana (Western Clay Township Annexation Ordinance No. C-
207). Councilor Wilson moved to introduce this item into business. Councilor Snyder seconded.
There was Council discussion. Resolution No. CC-08-20-01-02 was defeated by a vote of 1-6.
Councilor Battreall voted in favor of the Resolution.
Resolution No. CC-08-20-01-03; A Resolution of the Common Council of the City of Carmel,
Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel,
Indiana (College Hills Annexation Ordinance No. C-209), was introduced into business at the
beginning of Old Business and approved by a unanimous vote of 7-0.
OTHER BUSINESS:
Council President Kirby advised that the September Meeting Dates are Tuesday, September 4, 2001
and Monday, September 17, 2001.
Council President Kirby advised that he will discuss the matter of outstanding tabled agenda items
with Committee chairpersons and return to this matter at the next meeting of Council.
ANNOUNCEMENTS:
There were none.
ADJOURNMENT:
Council President Kirby turned the meeting over to the Mayor for adjournment pending the
execution of documents. The meeting was adjourned at 11: 11 p.m.
Respectfully submitted,
ClerkjTreasurer Diana~/L.C~MC
Approved,
:;r J~e~ Brainard
ATTEST:
Clerk-Treasurer Di~% IAMC
8/20:01 ('C Minutes