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Home My WebLink AboutCCM-10-24-07 Special MeetingUlty of Carmel Office of the Clerk-Treasurer COMMON COUNCIL SPECIAL MEETING AGENDA WEDNESDAY, OCTOBER 24, 2007 - 3:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE.CIVIC SQUARE MEETING CALLED TO ORDER 1. CLAIMS Payroll e General Claims 0 Retirement 2. NEW BUSINESS a. First Readine of Ordinance D-1880-07; An Ordinance, of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 6, Sections 8=56 and 8-58 of the Carmel City Code (Imposition of Weight Limits on Keystone Avenue); Sponsor: Councilor Carter. 3. EXECUTION OF DOCUAMENTS 4. ADJOURNM-ENT 14124jo-, CC Spena€ ;Mooing Ancnda ONF. CMC SQUARE. CAM4EL, INDIANA 4b032 3171311.2414 1 COMMON COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER'24, 2007 3:00 P.M. COUNCIL CHAMBERSTITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard, Council President Joseph C: Griffiths;,Council Members Richard L. Sharp, W. Eric Seidensticker, Ronal&-E. Carter; Fredrick J. Glaser„Clcrk-Treasurer Diana.L. Cordrayand Deputy Clerk- Treasurer Sandra Johnson. Council President Griffiths opened the;meetingal 3:02 p.m, CLAIMS; Councilor Sharp made a motion to approve the claims in the.arnount of $2,775;224.58. Councilor Carter seconded. There was no Council discussion. Council President .Griffiths called for the-question. Claims were approved 5-0. 1 NEW BUSINESS Council President Griffiths announced,'ihe First Readine of Ordinance D-1880-07; An Ordinance of the Common Council of the-City of Carmel, Indiana, Amending Chapter:8, Article 6;.Sectioni 8-56 and 8-58 of the Carmel City Code (Imposition of Weight Limits'on=Keystone Avenue). Councilor Carter made a motion to move this item into business. Councilor. Sharp-seconded. Mayor,B- rainard presented this item to Council. There was brief Council discussion. Counci] President Griffiths presented a letter from Frank W. Hogan, Attorney,, Voyles, Zahn, Paul, Hogan &: Merriman, One Virginia Avenue, Suite 700, Indianapolis, Indiana 46204; to become part of the record. Council'President Griffiths referred Ordinance D-1880-07 to the Utilities, Transportation and Publie.Safety Committee for-further "eviewbnd consideration. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 3.A5 p.m. L Respectfully submitted, Approved, yor James al rd. ATTEST: &n-? Clerk-Treasurer Diana L. Coed ay„ IAMC I fQ47ZU67 CC sp_Cial WIiag'M inures 2 N11011LVl lo:oa FAX 31! 631 1199 JAMFF w vOYLlS ' 09N01, E. ZANN J. A PAUL. III GRAN.( W. YOGAN. IHARON R MIRRINAN•• PACOCRICK VAANA' JCNNItr.A M' Wka.,V.R MARY K. Z.A.. • JOHN 0. FIEREK 'A PO AONIftEO IN ILI-010 • ••ecNnnm MNRY LAP yeoM10P VZPHM.LAW OFFICE VOYLES, ZAHN, PAUL, HOGAN sc .MERRIMAN. AN ASSOCIATION ATYOANEYS AND COUNSELLORS AT LAW JEFFERSON -PLAZA ONE VIRGINIA AVENUE. SUITE 700 INDIANAPOLIS, INDIANA 46204 (3171832-4183 PAX (317) 581.1100 October 23,.2007 U R G E N T VIA FACSEWME ONLY Z 001/002 FRANK A 6YMMPP 0.111.111110) GEORGE M. OEER (loll-local CHgRLGi w {YMMEt 11011.20001 Oi OOYNZ[L RICHARO W. CAPOWELL MARK O. WEFP Douglas C,.Haney, Carmel City Attorney Fax: (317) 57) -2484 . 10-24-07P02:.37'RCV RE: Proposed City of Carmel Ordinance D-1880-07 Dear Mr. Haney: This follows my voice mail to your office assistant, Elaine, late this afternoon. As I mentioned to Elaine,'this afternoon a representative ofF.E.Harding Asphalt. Companies, a client of mine, contacted our offices relative to the above referenced. proposed . ordinance. They just learned late this morning.of this proposal, and of tomorrow's 3:00 p.m. hearing on it scheduled before the Carmel City Council'. My client is very concerned about-this ' proposal given the nature of their business and many of its established methods of doing, business, particularly in the transport of their product, and the significant impact on their company, and customers, that will result from the.16,000 pound vehicle weight' limit. proposed in this ordinance for Keystone Avenue Within the Carmel city corporate limits. The ordinance itself indicates it has been "recently that under a "Memorandum of Agreement" with INTDOT, that Cannel has obtained the'legal "jurisdiction and control" of this' portion of Keystone Avenue my information is that this was around October 8, 2007].. There is much concern with the swiftness with-which this. proposed ordinance is coming before the Carmel City Council for consideration, tomorrow afternoon.- There is.also concern with what is felt to be the limited publicity and knowledge of the proposed vehicle weight restriction, and of. there consequently being insufficient discussion, debate-and. public input at Council meeting(s) about the proposal. There is further concern, if the proposal were to be adopted, about how, and the timing, with which it should be put into action, for example, not all. at once but in a gradual manner to mitigate the adverse. economic impacts of the change on businesses such as Harding's 10/23/2007 16:59 FAX. 317 631 1199 VZPHM LAW OFFICE 120.02/002 and'its existing contractual and other obligations and expectations. Particularly in the absence of some legitimate emergency or great public necessity. In short, my client believes that this proposed ordinance cannot 'be effectively considered and should not be adopted unless and until the appropriate, public input has been received and deliberated by the Council in the extremely short time this proposal has been beforc the,public to date. I have been asked to appear with Harding at the hearing on this ordinance tomorrow, but, as I havetold them, I have a previously fixed, commitment in Marion Superior Court, Civil Divisioa 2 at 2:00 p.m. tomorrow. I will try, however, to be at the Council's hearing, even if not by 3:00 p.m. If I do not get to the hearing by that time, please make this letter available to each member of the Carmel City Council before the hearing on this proposal begins, or at an appropriate time during the hearing, and,.see that a copy of it is placed into the record of the hearing. Thank you. ' (I also will be in two other courts in Marion County tomorrow morning, but you can telephone my office and leave a message relative to this letter with my secretary if you like. Thanks again.] FWH:ps c: Harding/facsimile cry truly yours, ? o A All i 2 Carmel Police IDepariment Personal Injury & Fatalities For Keystone Ave 1/1/1991 through 10/22/2007 Personal Iniurv Accidents 136'h St - 65 131` St - 57 126'h St - 73 Carmel Dr - 85 116'h St - 3 106'h St - 108 99a' St - 22 98`h St - 46 96'h St - I Fatality Accident Report 106'h St - 1 62 o 7S l? spay ?9ecr dlIql3 pA04 ?1 ?