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HomeMy WebLinkAboutCCM-12-15-08C'ty of Carmel Office of the Clerk-Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 15, 2008 - 6:00 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. December 1, 2008 Executive Meeting b. December 1, 2008 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 $. CLAIMS • Payroll • General Claims e Retirement 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 3171571-2414 I 10. OLD BUSINESS a. Second Reading of Ordinance D-1921-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Approving a Lease Between the City of Carmel Redevelopment Authority and the City of Carmel Redevelopment Commission, Pledging County Option Income Tax Revenues of the City to Pay Certain Obligations and Taking Other Actions Related Thereto (Keystone Avenue, Additional Funding - 528,500, 000); Sponsor(s): Councilor(s) Griffiths and Snyder. (Utilities, Transportation and Public Safety Committee 12/8/08, Finance, Administration and Rides Committee 12/18/08). b. Second Reading of Ordinance Z-523-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending the Old "town District Overlay Zone Text (Prevents the Demolition of Buildings in Old Town IVithout Consent of the Director); Sponsor: Councilor Rider Second Reading of Ordinance Z-524-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Section 28.08: Cannel Clay Schools; Partial Exemption (Lay-Out Approval Requirements and Procedures for- new Facilities and Buildings Proposed by the Carmel Clay Schools); Sponsor: Councilor Rider. 11. PUBLIC HEARINGS a. Third Reading of Ordinance D-1919-08; AnOrdinancc of the Common Council of the City of Cannel, Indiana, To Vacate a Portion of the Alleys As Platted in Simeon Hawkins Addition to Cannel (Public Alleyways - one runs from Main Street to P Street NPV mid the. second runs from 1" Avenue NiV to 2'11 Avenue NI1); Sponsor(s): Councilor(s) Sharp and Carter. 12. NEW BUSINESS a. First Reading of Ordinance D-1920-08; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2-42 and 2-47 of the Cannel City Code (Section 2-42; Retiree Insurance, Section 2-47; Police and Fire Pension Fund); Sponsor: Councilor Griffiths. b. First Reading of Ordinance D-1922-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Changing the Speed Limit to 40 Miles Per Hour on Clay Center Road ( Frorn 116`h Street to 131" Street); (8-22 Forty m.p.h. Speed Limit Designations); Sponsor: Councilor Sharp. c. First Reading of Ordinance D-1923-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Carmel Non-Reverting Public Defender Services Fund and Adding Chapter 2, Article 4, Section 132 to the Carmel City Code (Carmel Non- Reverting Public Defender Services Find #505); Sponsor(s): Councilor(s) Carter and Griffiths. 2 First Reading of Ordinance D-1924-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (2008 3rd Quarter Codification); Sponsor: Councilor Snyder. e. Resolution CC-12-15-08-01; A Resolution of the Common Council of the City of Cannel, Indiana, Amending the Contract with Cannel Fraternal Order of Police Lodge No. 185; Sponsor: Councilor Sharp. f Resolution CC-12-15-08-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Agreement to Settle Litigation Involving Martin Marietta Materials, Inc. and the City of Carmel; Sponsor: Councilor Carter. g. Resolution CC-12-15-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting the Carmel Clay Comprehensive Plan "C3 Plan 2008" for the City of Carmel and Clay Township; Sponsor: Councilor Rider. h. Resolution CC-12-15-08-04; A Resolution of the Common Council of the City of Carmel, Indiana, Establishing a Moratorium on Projects Approved in the 2006 Road Bond; Sponsor: Councilor Snyder. Resolution CC-12-15-08-05; A Resolution of the Common Council of the City of Cannel, Indiana, Authorizing Establishment of a Public Defender Services Fund for the Carmel City Court (Fund #505); Sponsor: Councilor Griffiths. j. Resolution CCA 2-15-08-06; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Construction of Keystone Avenue; Sponsor: Councilor Accetturo. k. Resolution CC-12-15-08-07; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the City of Carmel Board of Public Works (545,000); Sponsor: Councilor Accetturo. 13. OTHER BUSINESS a. Election of 2009 Council President b. City Council Appointments 1. Carmel Ethics Commission (Tern expires 01/01/11, two year term); One appointment. and shall not be affiliated with the same political party as the Mayor. 2. Carmel Redevelopment Commission (Term expires 12/31/09, one year term); Two appointments. 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT 12/15MS CC Meeting Agenda 4 COMMON COUNCIL 1 MEETING MINUTES MONDAY, DECEMBER 15, 2008 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MENIBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members W. Eric Seidensticker, John V. Accetturo, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Councilor Griffiths was not in attendance. Mayor Brainard called the meeting to order at 6:01 p.m. Councilor Seidensticker pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. 1 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CI'T'IZENS: There were none. APPROVAL OF NHNUI-ES: Councilor Seidensticker made a motion to approve the Minutes from the December 1, 2008 Executive Meeting. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the question. Minutes were approved 6-0. Councilor Snyder made a motion to approve the Minutes from the December 1, 2008 Regular Meeting. Councilor Seidensticker seconded. There was no Council discussion. Council President Sharp called for the question. Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS TIIE COUNCIL: Aluty Crook, 2288 W. 136t1i Sheet, Carmel, TN. 46032, addressed the Council opposed to Resolution CC-12-15-08-03 (°C3 Plan 2008", Comprehensive Plan). Ago Merhoff, 37 E. Main Street, Cannel, IN. 46032, representing the Carmel Chamber of Commerce, addressed the Council with concerns regarding Resolution CC-12-15-08-03 (°C3 Plan 2008 Comprehensive Plan). Fred Yde, 2117 Burning Tree Lane, Carmel, IN. 46032, addressed the Council opposed to Resolution CC-12-15-08-03 ("C3 Plan 2008 ", Comprehensive Plan). Charles Sampson, 11716 Eden Estates Drive, Carmel, I.M. 46033, addressed the Council with concerns regarding the Keystone Avenue project funding. Marilyn Anderson, 3884 Shelborne Court, Carmel, IN. 46033, addressed the Council regarding Resolution CC-12-15-08-03 (''C3 Plan 2008", Comprehensive Plan). A1aryEllen Bormett; 2430 Hopwood Drive, Carmel, IN. 46032, addressed the Council regarding Resolution CC-12-15-08-03 ("C3 Plan 2008 ", Comprehensive Plan). Marnin Spigehnan, 11816 Harvard Lame, Carmel, IN. 46032, addressed the Council regarding the Keystone Avenue project. COUNCIL MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor's Accetturo discussed the Keystone Avenue project. Councilor Seidensticker discussed the Keystone Avenue funding and asked the Mayor why a Local Option Income Tax (LOIT) was being evaluated. Councilor Carter discussed the Keystone Avenue project. Councilor Snyder reminded Council that a Finance, Administration and Rules Committee would be held on Thursday, December 18, 2008 at 5:30 p.m. to discuss the Keystone Avenue project and the proposed 1 additional funding. Mayor Brainard explained Local Option Income Tax (LOIT) and discussed the 136`h & Keystone Avenue closing for 45 days, not 75 days. Council President Sharp discussed the Keystone Avenue project and requested that Mike McBride provide to all Council Members the detailed packet containing a wealth of financial data regarding the Keystone Avenue project. Council President Sharp also requested a packet for Clerk-Treasurer Diana L. Cordray. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of $2,435,861,72. Councilor Rider seconded. There was no Council discussion. Claims were approved 6-0. CONIMITTEE REPORTS: ' Councilor Snyder reported that the Finance, Administration and Rules Conmtittee had not met. The next meeting will be held on Thursday, December 18, 2008 at 5:30 p.m. Councilor Snyder reported that tfic1aiid Use, Annexation'and Economic Development Committee .met. 1 and discussed Ordinance Z-523-08'and Ordinance Z-524=08. Councilor Snyder will give her Committee report when they appear on the agenda. Councilor Carter repotted that the Parks,.Recreation and Arts Committee has not met. Councilor Seidensticker reported that the Utilities, Transportation and Public Safety Committee met and discussed Ordinance D-1921-08 which remains in committee. OLD BUSINESS Council President Sharp ammunced the Second' Reading of Ordinance D-1921-08; An Ordinance of the Common Council of the City of Carmrel,.lndiana, Approving a.Lease BeNveen the City of Carmel Redevelopment Authority and the City;of Carkiel Redevelopment Commission, Pledging County Option Income Tax Revenues:of'the City to Pay Certain Obligations and Taking Other Actions Related Thereto (Keystone Aven tie, Additional Funding- 528,500,000); Sponsor(s): Councilor(s) Gi ffit_hs and Snyder. (Utilities, Transportation and Public Safcty Committee 12/8/08, Finance, Adm_ mistration and Rules Committee 12/18/08). This-item was=not discussed. Council President Sharp announced the Second,-Reading of Ordinance Z-523-08; An Ordinance of the Common Council of the city of Carmel, Indiana„Amending the:Old Town District Overlay Zone Text (Prevents the Demolition of Building. 'in Old -Town Without Coksent of the Director). Councilor Snyder presented the committee report to the Council: Tliis•ordinance.was forwarded to the Council with 1 proposed amendments- Councilor. Rider made a motion to amend this ordinance by striking lines 38-40 on page two. Conned President Sharp read the lines to be deleted Councilor Snyder seconded. There was no Council discussion. Council President Sharp ealled.for'the-question. The motion was approved 6-0. Councilor Rider made a motion to approve Ordinance Z-523-08 As Amended. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance Z-523,-08 As Amended was adopted 6=0. Council President Sharp announced the Second Reading of Ordinance Z-524-08;.An Ordinance of the Common Council of the City of Carniel, Indiana, Adopting Section 28:48: Carmel.Clay Scliools, Partial Exemption (Lay-Out Approval. Requirementslcnnd Procedures for new Facilities-and-Buildings Proposed by the Carmel Clav Schools). Councilor Snyder presented the committee report to the Council. This ordinance was forwarded to the. Council with a unanimous unfavorable recorridiendatiom Council President Sharp read the rules from City Code 3-23' (Voting Requirements For Passing Of Ordinances). There was brief Council discussion. Councilor Carter made-a.motion to approve Ordinance Z-524-08. Councilor Snyder seconded. There was no Counci I discussion. Council President Sharp called for the question. Ordinance Z-524-08 Failed 1-5 (Councilors Seidensticker, Sharp, Snyder, Carter and Rider opposed). PUBLIC HEARINGS Council President Sharp announced the Third Reading of Ordinance D-1919-08, An Ordinance of the Common Council of the City of Carmel, Indiana, To Vacate:a Portion of the Alleys As Platted in Simeon Hawkins Addition to Carmel (Public Alleyways - one runs from Mazn Street to.l" Street -Wand the second mars from.ls` Avenue NYYto 2"A.venue.N4? . Therewas no Council discussion. Council President Sharp opened the Public Hearing at 7:21 p.nt. Seeing.no, one who wished to speak, Council President Sharp closed the Public tdearing at 7:21 30 p.m. There was brief Council discussion. Mayor Brainard addressed the Council. Councilor Seidensticker made a ,motion to. approve Ordinance D-1919-08. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance D=1919-08 was adopted.5-1 (Councilor Accetfuro opposed). NEW -BUSINESS Council President Sharp announced the Fiist-Reading 61 Ordinance D-1920-08; An Ordinance of the Common Council of the City-of Carmel, Indiana,. Amending Chapter 2, Article 3, Division 11, Sections 2-42 and 2-47 of the Carmel City Code (Section 2=42; Retiree Insurance, Section, 2-47; Police and Fire Pension Fund). Councilor Seidensticker rnade"a`motion to move this item into business. Councilor Rider seconded. Mayor Brainard presented this item to the Council. There was no Council discussion. Councilor Rider made-a`motion to suspend the rules and riot send this, ordinance to committee and vote this evening. Councilor Carter seconded. There was no Council discussion: Councilor Carter made a motion to approve Ordinance D-1920-08. Councilor Rider seconded. There.was;no Council discussion. Council President Sharp called for thc7question. Ordinance D-1920-08 was adopted 6-0. Council President Sharp announced the First Readi"a of Ordinance DA 922-08,.An.Ordinance of the Common Council of 'the City of Carmel, Indiana, Changing the Speed Limit to 40 Miles Per Hour on Clay Center Road (Front 116`x' Street to 1'3P,Street),. (8-22 Forty m p:h., Speed Limit Designations). Councilor Seidensticker made a motion to move this item into business. Councilor Rider seconded. Council President Sharp passed the gavel to Councilor Snyder to present.thisitem to Council. Council President Sharp made a motion to suspend the rules and not send this item-to committee and.vote this evening. Councilor Rider seconded: There was brief Council discussion. Councilor Snyder called for the question. The motion was approved 6-0. Council President Sharp made a motion'to approve Ordinance D-1922-08. Councilor Rider seconded. There was no Council discussion. Councilor Snyder called for the question. Ordinance D-1922-08 was adopted 6-0. Council President Sharp reclaimed the gavel from Councilor Snyder. Council President Sharp announced the First Reading=or Ordinance D-1923-08; An Ordinance of the Common Council of the City of Carmel, lndiaiia,-Establisbwn ,, a Carmel Non-Reverting Public Defender Services Fund and Adding.Chapter 2, Article 4, Section 132 to the Carmel City Code (Carmel Non- Reverting Public Defender Services ,Fund #505). Councilor Carter rriade;a.m6tion to move'.this item into business. Councilor Seidensticker seconded. Councilor Carter presented thivitem"to Council and referred to City Court Judge Faul'Felix to address the Council. Councilor Rider made a motion fo suspend the rules and notsend this item to committee and vote this evening. Councilor Carter seconded. There was brief Council discussion. Councilor Rider rescinded his notion. Councilor Carter rescinded his second. Councilor Seidensticker.rnade a motion to strike lines 39-43 on, page two. Councilor Rider seconded. There was no Council` discussion, Council. President Sharp called for the question. The motion was approved 6-0. Councilor,Ridcr made a motion to suspend the rules and not send this item to committee and vote this evening. Councilof Seidensticker seconded. There was. no Council discussion. Council President Sharp called-for the question. The motion was approved 6-0. There was no Council discussion. Councilor Rider made a motion to approve Ordinance D-1923-08 As Amended. There was no Council discussion. Council President Sharp called for tltc question. Ordinance D-1923-08 As Amended was adopted 6-0. 4 Council President Sharp announced the First Reading of Ordinance D-1924-08; An Ordinance of the Common Council of the City of Carmel, Indiana, Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana (2008 3rd Quarter Codification). Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Snyder presented this item to Council. Councilor Seidensticker made a motion to suspend the rules and not send this item to committee and vote this evening. Councilor Snyder seconded. There was no Council discussion. Council President Sharp called for the question. The motion was approved 6-0. Councilor Snyder made a motion to approve Ordinance D-1924-08. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Ordinance D-1924-08 was adopted 6-0. Council President Sharp announced Resolution CC-12-15-08-01; A Resolution of the Common Council of the City of Carmel; Indiana, Amending the Contract with Carmel Fraternal Order of Police Lodge No. 185. Councilor Seidensticker made a motion to move this item into business. Councilor Rider seconded. Council President Sharp passed the gavel to Counciloi Snyder to present this item to Council and reviewed the changes that were made to the agreement. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Sharp made a motion to approve Resolution CC-12-15-08-01. Councilor Rider seconded. There was no Council discussion. Councilor Snyder called for the question. Resolution CC-12-15-08-01 was adopted 6-0. Council President Sharp reclaimed the gavel from Councilor Snyder. Council President Sharp announced Resolution CC-12-15-08-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding an Agreement to Settle Litigation Involving Martin Marietta Materials, Inc. and the City of Carmel. Councilor Seidensticker made a motion.to move this item into business. Councilor Carter seconded. Councilor Carter presented this item to Council and made a motion to approve Resolution CC-12-15-08-02. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-12-15-08-02 was adopted 6-0. Council President Sharp announced Resolution CC-12-15-08-03; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting the Cannel Clay Comprehensive Plan "C3 Plan 2008" for the City of Carmel and Clay Township. Councilor Rider made a motion to move this item into business. Councilor Carter seconded. Councilor Rider presented this item to Council. There was brief Council discussion. Council President Sharp referred Resolution CC-12-15-08-03 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp announced Resolution CC-12-15-08-04; A Resolution of the Common Council of the City of Cannel, Indiana, Establishing a Moratorium on Projects Approved in the 2006 Road Bond. Councilor Snyder made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Snyder presented this item to Council and read the resolution to the Council. Mayor Brainard addressed the Council. There was brief Council discussion. Clerk-Treasurer Diana L. Cordray addressed the Council. There was brief Council discussion. Councilor Snyder made a motion to amend this item by inserting "The above not withstanding, engineering and right-of-way costs for the outstanding road projects of the 2006 Road Band may proceed" after line 31. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. The motion was approved 5-1 1 (Councilor Accetturo opposed). Councilor Snyder made a motion to approve Resolution CC-12-15-08-04 As Amended. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-12-15-08-04 As Amended was adopted 6-0. 5 Resolution CC-12-15-08-05; A Resolution of the Common Council of the City of Carmel, Indiana, 1 Authorizing Establishment of a Public Defender Services Fund for the Carmel City Court (Fund #505). Council President Sharp stated that this item was redundant and the Chair was going to ignore the resolution since it was covered previously with an ordinance. Council President Sharp announced Resolution CC-12-15-08-06; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Construction of Keystone Avenue. Councilor Accetturo made a motion to move this item into business. Councilor Snyder seconded. Mayor Brainard interrupted and stated that the City Attorney needed to address the Council on the previous issue. Council President Sharp questioned the City Attorney if there was a point in law or in Roberts Rules of Order that states the Chair cannot ignore an issue on the Agenda. City Attorney, Doug Haney, said no. Council President Sharp stated that unless he was overruled by the body this item would not be discussed. Councilor Accetturo presented this item to Council. Councilor Seidensticker made a motion to amend this resolution; page two, strike lines 4 thru 6; page two, line 4, Section 2 becomes Section 1; page two, line 8, strikeJarther; page two, line 9, strike other and replace with and all; page two, line 11, insert Not withstanding the results of Resolution CC-12-15-08-04 and page two, line 13, Section 3 becomes Section 2. Councilor Snyder seconded. There was brief Council discussion. Councilor Carter made a motion to Table this item. Council President Sharp informed Councilor Carter that there was a motion on the floor to amend this resolution and that is the motion that will be dealt with now. There was no Council discussion. Council President Sharp called for the question. The motion was approved 5-1 (Council President Sharp opposed). Mayor Brainard called for point of order to get a summary of the amendments that were approved. Council President Sharp reviewed. Mayor Brainard addressed the Council and requested that the City Attorney, Doug Haney, address the Council regarding the legality of this 1 resolution. The request was denied by Council President Sharp. There was brief Council discussion. City Attorney, Doug Haney, addressed the Council defining an ordinance and a resolution. Councilor Carter made a motion to amend the amendment to this resolution; page one, strike lines 18-20; page one, line 23, insert verbiage after funding; over and above the $90 Million funding. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the question to amend the amendment. The motion to amend the amendment was approved 4-3, the vote ended in a 3-3 tie; Councilors Carter, Rider and Snyder voted AYE; Councilors Seidensticker, Accetturo and Sharp voted NAY. Mayor Brainard broke the tie by voting AYE. Councilor Carter made a motion to Table this resolution. Councilor Rider seconded. There was brief Council discussion. Council President Sharp passed the gavel to Councilor Snyder to address the Council. Councilor Rider withdrew his second. Councilor Carter withdrew his motion to Table this item. There was brief Council discussion. Council President Sharp made a motion to amend the amendment to the amendment; page two, line 9, after the word projects insert excluding the Keystone and 136°i Street improvement. Councilor Seidensticker seconded. There was brief Council discussion. Mayor Brainard addressed the Council and suggested that the Council ask the City Engineer how this resolution might hinder this project. There was brief Council discussion. Council President Sharp called for the question. There was no Council discussion. Councilor Snyder called for the question. The motion to amend the amendment to the amendment was approved 5-1 (Councilor Accetturo opposed). There was no Council discussion. Councilor Snyder called for the question. Resolution CC-12-15-08-04 As Amended Failed 3-3; Councilors Seidensticker, Sharp and Snyder voted AYE; Councilors Accetturo, Carter and Rider opposed. Mayor Brainard chose not to vote to break the tie. Council President Sharp reclaimed the gavel from Councilor Snyder. 6 Council President Sharp announced Resolution CC-12-15-08-07; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds by the City of Cannel Board of Public Works ($45,000). Councilor Accetturo made a motion to move this item into business. Councilor Seidensticker seconded. Councilor Accetturo presented this item to Council and referred to Dave Van Bruaene, Director, Brookshire Golf Course, to address the Council. There was brief Council discussion. Councilor Accetturo made a motion to approve Resolution CC-12-15-08-07. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-12-15-08-07 was adopted 6-0. Council President Sharp informed the Council that they would be moving back to agenda item 12 i. Council President Sharp announced Resolution CC-12-15-08-05; A Resolution of the Common Council of the City of Carmel, Indiana, Authorizing Establishment of a Public Defender Services Fund for the Carmel City Court (Fund #505). Councilor Carter made a motion to move this item into business. Councilor Rider seconded. Council President Sharp referred to the City Attorney, Doug Haney, to present this item to Council. Clerk-Treasurer Diana L. Cordray addressed the Council. Councilor Rider made a motion to approve Resolution CC-12-15-08-05. Councilor Carter seconded. There was no Council discussion. Council President Sharp called for the question. Resolution CC-12-15-08-05 was adopted 6-0. OTHER BUSINESS a. Election of 2009 Council President 1 Councilor Rider nominated Councilor Seidensticker for 2009 Council President. Councilor Snyder seconded. There were no other nominations. Council President Sharp closed the nominations. Councilor Snyder made a motion to approve Councilor Seidensticker by acclamation. Councilor Rider seconded. Councilor Seidensticker was approved the 2009 Council President by acclamation. b. City Council Appointments Camiel Ethics Commission (Terri expires 01/01/11, two year term); One appointment. and shall not be affiliated with the same political party as the Mayor. Councilor Snyder nominated Richard Stein (currently on the Commission). Mr. Stein addressed the Council. Councilor Rider seconded. There were no other nominations. Council President Sharp closed the nominations. Councilor Seidensticker made a motion to approve Mr. Stein by acclamation. Councilor Rider seconded. Mr. Stein was approved by acclamation. 2. Carmel Redevelopment Commission (Term expires 12/31/09, one year term); Two appointments. Councilor Snyder nominated Bill Hammer (currently on the Commission). Councilor Seidensticker nominated Rick Osborn and Rick Sharp (currently on the Commission) and read Mr. Osborn's resume. Councilor Carter read Bill Hammer's resume. There was brief Council discussion. Council President Sharp called for the vote for Dill Hammer. The vote was 3-3 (Councilors Accetturo, Seidensticker and Snyder opposed). Council President Sharp called for the vote for Rick Osborn. The vote was 3-3 (Councilors'Sharp, Carter.aif&Rider opposed). Council President Sharp called for the vote on,Rick Sharp. Rick,Sharp was reappointed to the Carmel Redevelopment Commission'bya vote of 5-1 (Councilor Accetturo opposed). The norninations'for Bill Hammer and Rick Osborn will be held over until the Council meeting scheduled for Monday, "January 5, 2009 and the nomination process will remain opeh.. ANNOUNCEMENTS Council President Sharp informed the Council of a Holiday Show at the Artist Studio on Ford Drive in Fishers that runs on Friday eveningssand Saturday and Sunday matinee's and,evenings.- Councilor Rider thanked Council President_Slizup for his service to the Council this year. Councilor Snyder wished everyone a Merry, Christmas and a E{appyHoliday. Mayor Brainard thanked?Council President Sharp for his service to the Council,this year and congratulated Councilor Seidensticker for being elected the, 2009 Council President. Council President Sharp addressed the Council on his-term as the 2008 Council President. EXECUTION OF DOCUMENTS ADJOIJRiN1t1ENT Mayor Brainard adjourned the meeting at 9:23 p.m. Respectfdlly submitted, &??z Clerk-Treasurer Diana L. Cordray, C Approved, 4(/ l Nfhoi Brainard AT'T'EST: Clerk-Treasurer Diana L. 12115108 CC WltiitgblinuLes