The URL can be used to link to this page

Home My WebLink AboutD-2168-14 Amend 8-47 No Parking Areas Sponsor: Councilor Sharp ORDINANCE D-2168-14 AMJ AN-ORDINANCE-OF-THE-COMMON-COUNCIL OF THE-CITY OF-CARMEL,NDIANA. AMENDING CHAPTER 8,ARTICLE 5,SECTION 8-47 OF THE CARMEL CITY CODE WHEREAS, pursuant to Indiana Code 9-214-3, the City of Carmel (hereinafter referred to as the "City")has the power and authority to regulate parking within its corporate boundaries; and WHEREAS, the City has adopted certain parking regulations, the same being codified primarily in Chapter 8, Articles 4 and 5 of the Carmel City Code; and WHEREAS, it is in the public interest to now amend these regulations to address new City parking issues. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Carmel City Code, Chapter 8, Article 5, Section 8-47(b) should be and the same is hereby amended to read as follows: "8-47 No Parking Areas. (b) Notwithstanding the above, the provisions of subsection (a) shall not apply to any vehicle which property displays a valid resident vehicle sticker issued pursuant to this subsection. Resident vehicle stickers shall, upon request, be issued hereunder by the Carmel Police Department for any vehicle registered to an owner who resides at an address which abuts any of the above streets and for any leased, rented or employer-owned vehicle or vehicles containing dealer plates which is being lawfully driven by a person who resides at such address. Temporary resident vehicle stickers shall be issued, upon request, to the guests of such residents. Resident vehicle stickers shall be issued at no cost and are not transferable. The provisions of subsection (a)(25) shall not apply to any vehicle driven by a City employee and so parked in the course of such person's employment by the City." Section 3. The remaining portions of Carmel City Code Section 8-47 are not affected by this Ordinance and remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun'iprioi to:the`effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Page One of Three Pages This Ordinance was prepared by Douglas C.Haney,Cannel City Attorney,on May 12,2014 at 1:27 p.m.No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. tV vrappslWserdat a.adminUAWIESasssMtyDocunieMStORDINANCESAmendCode120141Parkmg•8-47cleancopy.dxx5/222014&08AM Sponsor: Councilor Sharp Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement-of-same can-be given-the-same-effect.- - —-- Section 6. This Ordinance does not affect, alter, or replace any applicable laws of the State of Indiana or otherwise that affect or relate to the subject matter hereof. Section 7. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. d. PASSED by the Common Council of the City of Cannel, Indiana, this a day of 2014,by a vote of ayes and a nays. COMMON COUNCIL FOR THE CITY OF CARMEL o+- -Pre se n+- Presiding Officer ( Kevin D. Rider U--&1A-U0 W.Ers,eid nsticker,Preysiident Pro Tempore Carol Schl • zy o a E. Carter Richard Sharp Yr cry Ian-/I inkai 0.11* c S der ATTES ► Diana L. Cordray,IAMC, Clerk-Treater nn ReJ Presented by me to the Mayor of the City of Carmel, Indiana, this day of , 2014, at 1 Ilp P .M. Diana L. Cordray, IAMC, Cler T easurer Ordinance D-2168-14 Page Two of Three Pages This Ordinance was prepared by Douglas C.Haney,Carmel City Attorney,on May 12, 2014 at 1:27 p.m.No subsequent revision to this Ordinance has been reviewed by.Mr.Haney for legal sufficiency or otherwise. tIssvrapps'Leer dare-admin1LAWIE Bas■My Documents10RDINANCESWmemleode 320141Parking 8.47 clean copy.docx5/22/2014 8:08 AM • Sponsor: Councilor Sharp Approved by me,the Mayor of the City of Carmel,'Indiana,this iffi day of ‘hie 4.c57 2014,at 2 3.' ) 1' M. es Brainard,Mayor ATTEST: _11/7 7 ) r Diana L.Cordray,!AMC, -rici wastrel. Ordinance D-2168-14 Page Three of Three Pages This Ordinance was prepared by Douglas q.Haney,Cannel City Attorney,on May 12,2014 at 1:27 p.m.No subsequent revision to this Ordinance has been reviewed by Mr.Haney for legal sufficiency or otherwise. %mew*au dot itn*AIMIE Baziktr acummiskORDIONCES,AmartOodiati tOaking-eV titan motanStrit414 COO AM Sponsor: Councilor Sharp Approved by me, the Mayor of the City of Carmel, Indiana, this day of , 2014, at .M. James Brainard,Mayor ATTEST: I, ,it/ Diana L. Cordray, IAMC, Clerk-Tre., rer Ordinance D-2168-14 Page Three of Three Pages This Ordinance was prepared by Douglas C.Haney,Carmel City Attorney,on May 12,2014 at 1:27 p.m.No subsequent revision to this Ordinance has been reviewed by Mr.Haney for legal sufficiency or otherwise. udsswappslluser data-admiMLAW1E Bass4My DocumentstORDINANCESWAmendCode120141Partdng-847 clean copy docx5/22/2014 8:08 AM Craig, Lois From: Craig, Lois Sent: Tuesday,June 03, 2014 1:16 PM To: Brainard,James C Cc: Kibbe, Sharon; Martin, Candy Subject: Documents Tracking: Recipient Read Brainard,James C Read:6/3/2014 3:01 PM Kibbe,Sharon Read:6/3/2014 1:17 PM Martin,Candy Read:6/3/2014 1:16 PM Mayor, I have documents ready for you to sign from the Council meeting held on Monday, June 2, 2014. Please let me know when you have a minute to sign. Thank Y ou. Lois Craig Clerk-Treasurer's Office One Civic Square Carmel, Indiana 46032 317-571-2413 317-571-2410 (fax) IcraigOcarmel.in.gov 1 I will sign on Monday, June 16th; I am out of town until then. The law allows ten days after the documents are presented. Documents can't physically be presented until they are handed to me. I intend to sign all the documents. Jim Sent from my iPad On Jun 10, 2014, at 6:13 AM, "Craig, Lois" <lcraig@a carmel.in.gov>wrote: Good morning Mayor, I still need for you to sign documents from the Council meeting held on Monday, June 2nd Please let me know when you have a minute to sign. Thank you. Lois Craig Clerk-Treasurer's Office One Civic Square Carmel, Indiana 46032 317-571-2413 317-571-2410 (fax) Icraig@jcarmel.in.gov 4 Craig, Lois From: Seidensticker, Eric Sent: Wednesday,June 11, 2014 1:18 PM To: James Brainard; Brainard,James C Cc: Craig, Lois; Cordray, Diana L; Snyder, Luci; Sharp, Rick; Schleif, Carol; Rider, Kevin D; Carter, Ronald E; Finkam, Sue Subject: RE: Documents Mayor-- This procedure has been in place for the last eight years that I am personally aware of. This is not harassment by the Clerk-Treasurer, but simply following State and Local code. I remind you that the last time this was an issue you agreed that notification by email would be acceptable. I have asked that all the emails be combined with the documentation so that there would be no question as to the intent, in as much as your scheduling has prevented you from conforming to the guidelines as provided in State Statute.This will, at least, provide documentation to the SBOA should they ever question the lapse in time from the passage date to your signature date. With all due respect. Eric Seidensticker Carmel City Council President 2014 Central District Email me (click here) Visit Council's Main Page (click here) See Carmel's Calendar (click here) From: James Brainard [Brainardjc @aol.com] Sent: Tuesday, June 10, 2014 7:02 PM To: Seidensticker, Eric Cc: Craig, Lois; Cordray, Diana L; Snyder, Luci; Sharp, Rick; Schleif, Carol; Rider, Kevin D; Carter, Ronald E; Finkam, Sue Subject: Re: Documents I am not in a place where I have the equipment to scan. The common meaning of"present" is to hand to a person. The word "present" in English is derived from the classical Latin word "praesento" which literally means "handover." The legislature put this language in place for situations where mayors were gone for more than ten days and the documents couldn't be physically handed over. I believe this sort of tactic by the clerk's office is nothing more than harassment of our administration and is not the procedure followed by any other city in the state. It is probably time to require that the documents be delivered to me in my office, date stamped and then returned within the ten days. If the clerk treats this as a pocket veto I would be more happy to have a court decide this ridiculous issue once and for all. I doubt if the 1 required five members of the council would see this as a veto and probably refuse to participate in a veto vote. As statutory head of the council, I would not treat this as a veto and not hold a vote. Hypothetically, if one can "present" an original document by email, I could certainly indicate my approval by email. To allow it to be done on a one-sided basis is inconsistent. I wrote to Lois that I did not intend to veto the legislation passed at the last council meeting. You are welcome to accept this email as approval of the legislation passed on June 2, 2014. Finally, I will be in the office on Friday of this week. Assuming you agree a day consists of 24 hours, I have until the close of business to sign the documents if you chose to consider Lois's email from Tuesday June 3 to have started the clock on the ten 24 hour periods. The ten 24 hour periods end this Friday, not this Thursday. Sent from my iPad On Jun 10, 2014, at 1:08 PM, Eric Seidensticker<eseidensticker @carmel.in.gov>wrote: Mayor-- I'm sending this email because I've talked with Lois in the CTs office and read your response to signing the documents of the Council meeting 6-2-2014. We went through this a couple of years ago regarding a pocket veto that you, I, Lois, and Diana allowed to be resolved by.an agreement that your being emailed a request to sign documents would satisfy the term "present" going forward and that the reason for the confusion was the misunderstanding of the term present. Knowing full well that the word is not defined in State Code nor in our Local Ordinance, I understand that we go by the generally accepted definition, which includes "to offer to view". This has been the standard, for at least the last 8 years of my time on Council, of practice by Lois any time that you are not in attendance of a Council Meeting. There is no requirement that a physical presentation be made in State or Local codes. In the interest of not having to put this (D-2168-14)back on the agenda as a vetoed piece of business, I'm asking that you print this out and sign it and return it to the CTs office with an email date prior to Friday, June 13, which is the deadline according to Lois. This would resolve this concern. Your attention to this would be much appreciated. Kindly, Eric Seidensticker Carmel City Council President 2014 Central District 2 Craig, Lois From: Brainard,James C Sent: Wednesday,June 11, 2014 3:02 PM To: Seidensticker, Eric; Craig, Lois; Cordray, Diana L; Snyder, Luci; Sharp, Rick;Carter, Ronald E; Rider, Kevin D; Finkam, Sue; Schleif, Carol Subject: Fwd:fax Attachments: image001.gif;ATT00001.htm; image002.gif;ATT00002.htm; image003.gif; ATT00003.htm; image004.gif;ATT00004.htm; image005.gif;ATT00005.htm; image006.gifi ATT00006.htm; image007.gif;ATT00007.htm; SKMBT_C36014061111260.pdf;ATT00008.htm I have found a desktop, paid to use it, printed the signature pages, paid to scan them and they are attached. I do not understand why it is demanded that we change the meaning of a word that has been clearly defined for over two thousand years. "Present" means to hand to or hand over and the meaning has not changed in over two thousand years. Check the OED or for that matter any Latin/English dictionary. Secondly, I do not understand how a day can be interpreted as less than 24 hours. Every court system in the US is clear on this. Finally,the SBOA are financial auditors and would not be checking when ordinances are signed. Parking prohibitions are not financial items. Sent from my iPhone Begin forwarded message: From:Guest Services-Sentinel <frontdesk @sentinelhotel.com> Date:June 11, 2014 at 11:26:37 AM PDT To: "ibrainardPcarmel.in.gov" <jbrainard @carmel.in.gov> Subject:fax Good morning Here is the fax. Thank you, Shantale Guest Services I Sentinel 614 SW 11I''Avenue! Portland,OR 97205 direct 503-224-31001 fax 503-241-2122 www.sentinelhotel.com ffrontdesk @sentinelhotel.com 1