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HomeMy WebLinkAboutCCM-10-06-97City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, OCTOBER 6, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES a. Art Contest Winners for Carmel Arts Council's 1998 Calendar b. Employee Excellence Award APPROVAL OF MINUTES a. September 15, 1997, Regular Meeting b. September 26, 1997, Special Meeting RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL ACTION OF MAYORAL VETOES 10. 11. CLAIMS Payroll · General Claims Retirement COMMITTEE REPORTS OLD BUSINESS a. Second Reading Ordinance D-1329-97/An Ordinance to Restrict the Use of Tobacco and Alcoholic Beverages in Public Places and on Public Property and to Provide for Parental Responsibility for Certain Unlawful Acts of Minors; Councilors Ron Carter and Billy Walker b. Second Reading Ordinance D-1333-97/Additional Appropriation for Additional Training Needs for the Remainder of 1997; Law Enforcement Continuing Education Fund to Line Item 570-Training Fees; $4,500; Chief Michael Fogarty, Carmel Police Department *published in The Daily Ledger on August 28, 1997 PUBLIC HEARING NEW BUSIN~c~vlc SQVAm~ C^P-~EL, INDIANA 46032 317/571.2400 12. 13. 14. OTHER ANNOUNCEMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, OCTOBER 6, 1997 -- 7 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Council President Kevin Kirby, Councilors Jim Miller, Robert Battreall, Norm Rundle, Luci Snyder, Run Carter and Billy Walker. Deputy Clerk Rebecca Wolf also attended. Mayor Brainard called the meeting to order at 7:01 p.m. Councilor Miller read from Psalm 8 for the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS/CITY EMPLOYEES: Recognition of Art contest Winners for the Carmel Arts Council's 1998 Calendar: Mayor Brainard showed the 1988 calendar put together by the Carmel Arts Council. The mayor called on Joyce Bun'ell, an art teacher at Carmel High School, Karen O'Neil, president of the Carmel Arts Council, and Doreen Squire Ficara, the arts council's executive director. He then called forward each winners whose art was displayed in the calendar (Exhibit A). Employee Excellence Award: Mayor Brainard presented Dick Hill, an employee in the Engineering Department, with the employee excellence award. The mayor commended him on his work, especially for his efforts between city engineers. Councilor Snyder thanked Mr. Hill for his helpful attitude. APPROVAL OF MINUTES: Councilor Rundle moved to approve the minutes from the September 15, 1997, regular meeting and the September 26, 1997, special meeting. Councilor Kirby seconded. The minutes were approved 7-0. RECOGNITION OF CITIZENS WHO WISH TO ADDRESS THE COUNCIL: Mayor Brainard reviewed the council's policy concerning citizens who wanted to address the council. He stated that, according to this policy, this would be the only time during the meeting the public could address the council. He explained the council did not have any limits on the length of time speakers could address the council. The mayor asked members of the public to voluntarily limit themselves to three to five minutes. Dick Frost, 507 Stonehedge Drive, asked if the money being appropriated by Ordinance D-1333- 97 was from the General Fund. Mayor Brainard stated the money was from the Law Enfomement Continuing Education Fund. Mr. Frost criticized the council, stating council members failed to adequately review claims. CLAIMS: Councilor Snyder moved to approve general claims for $282,671.35. Councilor Rundle seconded. Claims were approved 7-0. ~: Mayor Brainard stated the council should have received a memo from the Department of Law suggesting an amendment to Ordinance D-1329-97. an ordinance restrictin~ the use of tobacco and alcoholic beverages in public places and on public property and to provide for parental responsibility for certain unlawful acts of minors. Councilor Carter moved to amend ordinance D-1329-97 as suggested by the Department of Law. Councilor Carter read the proposed amendment (Exhibit B). Councilor Walker seconded. The amendment failed 3-0. Councilors Snyder, Carter and Walker voted yes. Councilors Kirby, Miller, Battreall and Rundle abstained. Councilor Battreall moved to insert the word "willfully" into Section 1 (b). Councilor Snyder seconded. Councilor Battreall explained he wanted to add this word to this section because he objected to asking parents to have 24-hour control over their children. He stated the city already had laws for offenses such as drinking, smoking and graffiti. Councilor Battreall stated the council seemed to be trying to legislate parental control when it shouldn't be intervening. He stated he also was against sending officers outside city limits. Councilors Walker and Battreall discussed the words "willfully" and "knowingly." Councilor Walker stated that no parents would knowingly want their child to misbehave. He stated this ordinance was a good way to get parents involved. Councilor Carter stated that inserting the word "willfully" or "knowingly" would make the ordinance worthless. Mayor Brainard stated an existing state law required parents to make sure fines were paid for their children's offenses, but that a civil prosecution had to occur for the law to be used. Councilor Carter stated the city needed to cooperate with the school. Councilor Rundle stated he was not supportive of the ordinance. Councilor Snyder stated no one from the school board or Prosecutor's Office had approached the council, and that she was concemed about the intrusiveness of the ordinance. Mayor Brainard explained the council could table the ordinance if it wanted to gather more information. Councilor Snyder stated that someone who could answer the council's questions should have been at the meeting. Councilor Battreall withdrew his motion to amend the ordinance. He stated he didn't want to cloud the debate over the content of the ordinance. Councilor Snyder withdrew her second. The mayor and council discussed which version of the ordinance council members had received along with their regular packets. Mayor Brainard explained that even though the pouncil had an amended version of the ordinance with them, the council officially had never amended the ordinance. Councilor Miller stated the school system needed to be responsible for disciplining children when they were at they were at school. Councilor Walker stated that discipline needed to begin in the home. He explained that the most successful programs throughout the US resulted when the community and schools worked together for the benefit of their children. Mayor Brainard invited the representatives of Carmel Clay Schools who were at the meeting to speak. Kevin Rowe, crisis counselor for the school system, stated he agreed with making parents responsible. Mr. Rowe stated he believed the main goal of the ordinance was to keep money that normally would revert to the state in a local fund to be used to prevent drug abuse. Councilor Battreall stated he was for the fund, but not for the ordinance. Councilor Miller asked if teachers were in the halls to discipline children during passing periods. Mr. Rowe stated congestion in the halls at the high school would be relieved when the building was fully opened. Sam Robinson, an administrator for the school system, stated that teachers were in the halls during passing periods. Mr. Robinson stated he wanted the city and the school to be on the same page. Councilor Snyder stated that she had talked to the Carmel City Judge and that community service was impossible to legislate. She restated that someone from the school board should have been present at the meeting. Councilor Snyder explained that city and school officials should have a community meeting with parents to discuss the issue and the ordinance. Councilor Carter stated the community had tried to have those meetings last year. Councilor Carter moved to table the ordinance until the next meeting. Councilor Snyder seconded. Councilor Miller agreed with the idea of meeting with school officials and parents to discuss the issue, but wanted to do it with a blank piece of paper. He recommended voting on the ordinance at this meeting. Councilor Snyder stated she believed having a proposed ordinance to present at a community meeting was important. Councilor Rundle stated he was against the ordinance and wanted to act on it at this meeting. Councilor Walker warned the council that repeatedly rewriting the ordinance would prevent it from ever getting passed. Councilor Carter stated he wished his fellow councilors had come with an alternative ordinance if they were strongly against the one being considered. The motion to table the ordinance failed 1-5. Councilor Carter voted in favor of tabling. Councilors Kirby, Miller, Battreall, Rundle and Snyder voted against tabling the ordinance. Councilor Walker abstained. Councilor Kirby stated he wanted to be a part of the solution to the drag and alcohol problem in the city and agreed the money needs to stay local, but doesn't believe this ordinance is the vehicle to solve the problem. He stated he disagreed with the idea of making parents responsible by way of law, because they ultimately are responsible anyway. Councilor Kirby stated everything mentioned in the ordinance already is illegal. Councilor Rundle stated the school board is a taxing authority and could get the funds to fight the problem themselves. He stated this ordinance was not pro-children, it was anti-parent. Councilor Walker stated he had seen millions of dollars spent in drag free school programs that never went to the children. He stated he supported this ordinance as a way to get parents' attention. Councilor Walker called for the question. Ordinance D-1329-97 was defeated 2-5. Councilors Carter and Walker voted for it. Councilors Kirby, Miller, Battreall, Rundle and Snyder voted no. Councilor Kirby moved to introduce Ordinance D-1333-97. an additional appropriation for Carmel Police D~artment training ($4.500 from the Law Enfomement Continuing Education Fund to Line Item 570-Training Fees). Councilor Walker seconded. Mayor Brainard stated the ordinance already had been introduced at the last council meeting. Being no discussion, the mayor called for a vote. Ordinance D-1333-97 was approved 7-0. Councilor Rundle announced that the Hamilton County Leadership Academy had put together calendars featuring student artwork. He explained the calendars offered helpful tips on household recycling. Councilor Rundle stated the calendars would be for sale later this month. Councilor Battreall moved to adjourn. Councilor Walker seconded. The meeting was adjoumed 7-0 at 8:16 p.m. Res~mitted, Attest: Approy~d, /~ !s~ GRAD5 WINNER AIJ I$ON KFHO5 WOODEROOK ~ w~fl~V!v~y TEACFr~R ~ MOON ARNAUDD' ASSONVII,LE WOODBROOK Er ~ARy TEACH'HR ~ MOON DANI~J r: ScHWEIGFR WOODBROOK 1~ b-AfENTARY TE~.CHER JENN/F~ MOON 4r.h Gt~,~Dt: ~ . /.,AUR~ NEARP~S FOR.EST DALE ELEMENTARY TEACHER MARY BETH BARBATO 5r_h GRADE ~ ~CHRrST~'A COSMAS WOODBROOK ~ F'~fENTARY TEtCFIER ~NNIFER MOON · 6r.h GRADE WIN'N'b-'tZ S~ WEINSTEIN CLAY JR. HIGH SCHOOL TEACHER rrsA DUTTON .7_~ GRAD~ w~-~_. _ CASSIE HERR CAR34~. 3R. HIGH SCH~L ~C~ C~Y RO~ ~S~ O~O C~Y ~ ~GH SCH~L ~C~ USA D~ON co UKTNLWf-WISKER CARM'~. HIGH SCHOOL TEACHER JOYCE BURR~I 10th GRADE WINNER CARMEL HIGH SCHOOL TEAC/qmR 3ON KANE · ,I .llth GRADE ~ ~,J~mS PrNYERD CARM]SL HIGH SCHOOL TEACHER WILLIAM HEUING 12th GRADE WINNER ALLOW EHYBA CARMEL CARM'~. HIGH SCHOOL TEa, CHER WILIJ~M HEUING 12th GRADE CO..~ DESIGN WINNER CAI~.M-fft', HIGH SCHOOL TE~.CHER WILLIAM HEUING TO: Mayor Brainard, Members of the Common Council FROM: DATE: Douglas C. Haney, Assistant City Atto,~'~/~ October 6, 1997 Tobacco and Alcohol Ordinance No. 1329-97, as amended The following technical change has been suggested to Section 2(b)(2) of the Ordinance: Section (2)(b)(2): No person under eighteen (1 g) years of age shall have in his or her possession any lighted tobacco product or tobacco derivative, including, but not limited to, pipes, cigars, cigarettes, or other devices used for smoking nor shall any person under eighteen (I 8) years of age possess any tobacco or tobacco-like products~.wkich includes, but is not limited to~.tobacco, ma,-ijuana or any derivative thereof, nor mariiuana or any derivative thereof, while within any public building in the City of Ca.rmel, or while on land or in a vehicle owned or leased by the School Corporation or any agency of local government.