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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