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Home My Public Portal About4/13/1993GREENCASTLE COMMON COUNCIL • Regular Session April 13, 1993 The Greencastle Common Council met in regular session on Tuesday, April 13, 1993 at 7:30 p.m. at Tzouanakis Intermediate School. On call of the roll the following members were shown to be present: Councilor Jerry Calbert, Councilor Tom Roach, Councilor Mike Rokicki, Councilor Sue Murray, Councilor Charles Miles. City Attorney John Zeiner and City Engineer Joe Woody were also present. Public Petitions and Comments: Mr. Jim Sparks appeared before Council to request consideration of the vacation of the alley at 1009 S. Locust. Mayor Harmless indicated that he would investigate the proper procedure for such alley vacation. Approval of Minutes: The minutes of February 9 regular session, February 23 special session and March 9 regular session were presented for approval. Councilor Murray corrected the February 23rd minutes, page 2. paragraph 2 to read "Councilor Murray reported that representatives from County government would like to meet with the Council to discuss the possibility of cooperative services ". Councilor Murray then moved to approve the minutes as corrected. This motion was seconded by Councilor Miles and was carried by an aye unanimous vote of members present. Department Reports: • In addition to monthly statistical reports the following comments were presented by department supervisors. Fire Chief White asked the media report that the department will be doing follow up inspections and that not only is the 1991 local smoke detector ordinance in effect, but also the 1992 stale legislation. He reminded the floor of the Fire Department Chili Supper on Friday, April 16 at the Fire Station, sponsored by the Delta Theta Tau Sorority with the proceeds to go towards the maintenance of the "Safe House ". Police Chief Jack Hanlon reported that MADD (Mothers Against Drunk Driving) is going to purchase and donate to the department an alcohol sensor. In regard to the Open Container Ordinance, it was requested that discussion occur at the next meeting. Street Commissioner Jim Wright noted that he and Mr. Woody have met with Robinson construction concerning the maintenance of the streets in Foxridge. Councilor Miles requested a list of the streets to be paved in 1993. Mr. Lawrence noted that he is pursuing property clean -up with the City Attorney. Councilor Mike Rokicki enter the meeting at this time. Mr. Woody reported that the culvert on Albin Pond Road is within the corporate boundaries of the city. Councilor Rokicki asked the cost of repairing that culvert and road and was told approximately $35,000.00. Mr. Woody also reported that he is in the process of negotiating the engineering contract with Bonar & Associates for the water and sewer improvements, and that he is • preparing FA2 assistance from the Indiana Department of Transportation for sidewalks and transportation study. Councilor Murray asked about the timetable for the FA2. Mayor Harmless CC 4/13/93 Page 2 • indicated that the deadline for application is April 15 and that it represents approximately $100,000.00 a year for five years with an 80/20 split. In addressing agenda items for meetings of the Common Council , Mr. Zeiner noted that outside parties must have petitions or requests to him by Monday the week prior to a Tuesday meeting. The Clerk- Treasurer is to receive documents for the agenda packet by Wednesday the week prior to a Tuesday meeting to allow for agenda preparation. Councilor Roach asked about Weddell Logging. Mr. Zeiner indicated that he had received a letter from Weddell Logging citing issuance of permits for garage construction and sign. Councilor Roach noted that permits are not the same as a zoning variance issued by the Zoning Board. Mayor Harmless staled that he would set a meeting with Weddell Logging to discuss the issue. It was the consensus of Council that Councilor Roach represent Council at that meeting. Leslie Hanson, Board of Park Commissioners, invited the Council to attend the Park Board meeting at Robe Ann Park on Wednesday for a walk through. Recommendations and Requests from Officers and Departments: Ordinance 1993 -2, Ordinance Authorizing the City of Greencastle to Issue Its "Economic Development Revenue Bonds, Series 1993 B (Indiana Asbury Towers United Methodist Home, Inc, Project)" and Approving Other Actions in Respect Thereto, was presented to the Common Council and read in its entirety by Mayor Harmless. It was noted that the Greencastle Economic Development Commission conducted a public hearing on April 13, 1993, and adopted a resolution on April 13, 1993, and has heretofore recommended the adoption of this form of Ordinance. Councilor Calbert • moved to approve Ordinance 1993 -2 as presented. This motion was seconded by Councilor Roach and was carried by the following vote: AYES: Councilor Calbert, Councilor Roach, Councilor Murray, Councilor Miles, Councilor Rokicki. NAYS: none Mayor Harmless declared Ordinance 1993 -2 to have been passed on first reading this date. Ordinance 1993 -1, Ordinance Authorizing the City of Greencastle to Issue Its "Taxable Economic Development Revenue Bonds, Series 1993 A (Indiana Asbury Towers United Methodist Home, Inc. Project)" and Approving Other Actions in Respect Thereto, was presented to the Common Council and was read by Mayor Harmless, noting the differences between Ordinance 1993 -2 and Ordinance 1993 -1. It was again noted that the Greencastle Economic Development Commission conducted a public hearing on April 13, 1993, and adopted a resolution on April 13, 1993, and has heretofore recommended the adoption of this form of Ordinance. Councilor Calbert moved to approve Ordinance 1993 -1 as presented. This motion was seconded by Councilor Miles and was carried by the following vote: AYES: Councilor Calbert, Councilor Miles, Councilor Murray, Councilor Roach, Councilor Rokicki. NAYS: none Mayor Harmless declared Ordinance 1993 -1 to have been passed on first reading this date. Resolution 1993 -5, A Resolution of the Common Council of the City of Greencastle, Indiana Establishing a Cumulative Fire Equipment Fund, was presented to Council and read in its entirety by Mayor Harmless. Councilor Murray moved to approve Resolution 1993 -5 as presented. This motion was seconded by Councilor Roach and was carried by the following vote: AYES: Councilor Murray, Councilor Roach, Councilor Calbert, Councilor Miles, Councilor Rokicki NAYS: none Mayor Harmless declared Resolution 1993 -5 to have been passed and adopted this date. • A petition for Voluntary Annexation of Contiguous Property owned by Bret D. Hurley and CC 4/13/93 Page 3 • Lee R. Pingleton was presented to Council and read in its entirety by Mayor Harmless. The petition indicated that the petitioners acknowledge that the City of Greencastle will have no obligation or costs for improvements within or upon said real estate, such as, but not limited to, sewer hook -up or lift station, streets or water, by reason of such annexation. (petition attached) Ordinance 1993 -3, An Ordinance Annexing Certain Territory to the City of Greencastle, Putnam County, Indiana Pursuant to the Voluntary Petition of Bret D. Hurley and Lee R. Pingleton, was presented to Council and read in its entirety by Mayor Harmless. Councilor Roach moved to approve Ordinance 1993 -3 as presented. This motion was seconded by Councilor Calbert and was carried by the following vote: AYES: Councilor Roach, Councilor Calbert, Councilor Murray, Councilor Rokicki, Councilor Miles NAYS: none Mayor Harmless declared Ordinance 1993 -3 to have been passed on first reading this date. Concerning the request for rezoning of the Bret D. Hurley /Lee R. Pingleton property, Mr. Woody noted that the Plan Commission discussion indicated the extension of Longcastle through the Don Mitchell property to a new road in the Bret D. Hurley /Lee R. Pingleton property, which at this reading is not confirmed. Mr. Woody recommended returning the request to the Plan Commission for further review. Councilor Calbert moved to return the request to Plan Commission. this motion was seconded by Councilor Murray and was carried by an aye unanimous vote. Resolution 1993 -7, A Resolution of the Common Council of the City of Greencastle, Indiana Authorizing the Submittal of the CFF Application to the Indiana Department of Commerce and Addressing Related Matters, was presented to Council and read in its entirely by Mayor Harmless. • Councilor Murray moved to approve Resolution 1993 -7 as presented. This motion was seconded by Councilor Miles and was carried by the following vote: AYES: Councilor Murray, Councilor Miles, Councilor Calbert, Councilor Roach, Councilor Rokicki. NAYS: none Mayor Harmless declared Resolution 1993 -7 to have been passed and adopted this date. Council Reports and Comments: Councilor Miles distributed a sample tree ordinance for review by Council. Joanne Haymaker of the 2000 x 2000 Tree Committee was present to answer questions concerning the establishment of a Tree Board. Discussion ensued regarding budgetary items, fines and fees, tree maintenance, jurisdiction of the Board of Park Commissioners and becoming a Tree City. A meeting is to occur to review the proposed ordinance. Councilor Murray requested a special session be set to discuss CEDIT and the Putnam County Jail Project, and the second reading of Ordinance 1993 -1, 1993 -2, 1993 -3. it was the consensus of Council to meet on April 28, 1993 at 7:30 p.m. Councilor Roach asked to receive prior to that meeting the latest set of figures for the Putnam County Jail Project. It was announced that Arbor Day Celebration would occur at Robe Ann Park on Sunday. With no further business, Councilor Roach moved for adjournment. This motion was seconded by Councilor Murray, was carried by an aye unanimous v e and t Mee ing was adjourned at 9 :00 p.m. ATTEST: Michael M. Ha mle ss, Mayor G Judith B rry, AMC, Clerk Treasurer IN RE: PETITION FOR VOLU14TARY ANNEXATION OF CONTIGUOUS REAL ESTATE OWNED BY BRET D. BURLEY AND LEE R. PINGLETON TO BE ANNEXED INTO T11E CITY OF GREENCASTLE, INDIANA •.' BEFORE THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA Petitioners, Bret D. Hurley and Lee R. Pingleton, owners of the following described real estate located in Putnam County, State of Indiana, to -wit: A part of the Southeast quarter of Section 15, Township 14 North, Range 4 West located in Greencastle Township, Putnam County, Indiana, being bounded as follows: Commencing at the Southeast corner of the Southeast quarter Of Section 15, Township 14 North, Range 4 West (brass plug in casting): thence North 00 degrees 05 minutes 38 seconds West (assumed bearing) 1160.45 feet along the East line of said Southeast quarter to the Southeast corner of a 27.69 acre tract of land (Tract 11) described and recorded in Plat Book i8, Pages 104 6 105 and also recorded in Miscellaneous Record 88, Pages 310 and 311, said point also being the POINT OF BEGINNING of this description; thence continuing North 00 degrees 05 minutes 30 seconds West 419.26 feet along the East line of said Southeast quarter; thence South 89 degrees 20 minutes 54 seconds West 1312.45 feet to a point on the West line of said 27.89 acre tract of land; thence South 00 degrees 11 minutes 48 seconds East 421.45 feet along the West line -' Of said 27.89 acre tract of land to its intersection with the Westerly extension of the Northmost South line of said 27.89 acre tract of land; thence North 89 degrees 15 minutes 08 seconds East 1311.72 feet along the Westerly extension of the Northmost South line and along the Northmost South line of said 27.89 acre tract of land to • tile POINT OF BEGINNING, containing 12.66 acres, more or less. Subject to all casements, restrictions, reservations and rights -of -way of record. Petition the Common Council of the City of Greencastle, Indiana to , annex such contiguous territory to the City of Greencastle, pursuant to the provisions Z.C. 36- 4 -3 -3. Indiana, Petitioners petition for such annexation, City of Greencastle will have acknowledging that th no obligation or costs for improvements within or upon said zeal hook-up estate, such as, but not limited to, sewer or lift station, streets or water, by reason of such annexation. WHEREFORE, Petitioners request the Common Council of the City of Greencastle, Indiana, to adopt a special ordinance for the purpose of annexing the above described real estate to the City of Greencastle, Indiana. • STATE OF IN NA COUNTY OF SS: Before me, a Notary Public within and for said County and State, personally appeared Bret D. Hurley and Lee R. Pingleton, who • acknowledged the execution of the 1993. foregoing this 4V� day of , 2 WITNESS my hand and official Seal. Commission Expires: P u b li c Notublic Printed A resident of - Cou ty, IN PREPARED BY: George B. Mathes Attorney at Law 26 W. Franklin St. _ P.O. Box 393 - Spencer, IN 47460 812 / 3 29 -4 841 #9079 -60 L J