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3/13/2007., © City of Greencastle City Hall One North Locust Street, P.O. Box 607 Greencastle, Indiana 46135 765.653.9211 t iui(c24recncastle.com Teresa P. Glenn Clerk Treasurer Greencastle Common Council Minutes Regular Session March 13, 2007 7:00 P.M. Greencastle City Hall Call to Order; Roll Call A. Mayor Michael called the meeting to order at 7:05 PM B. Roll call: John Lanie, Tom Roach, Mark Hammer, Bob Sedlack and Russ Evans present. II. Public Hearing — Resolution 2007 -5 - A Resolution Reaffirming Resolution 2007 -4 and Declaring an Economic Revitalization Area and Recommended Tax Deduction (Heartland Automotive, LLC — New Equipment) A. Mayor Michael opened the Public Hearing at 7:07 PM. Bill Dory presented documents supporting this request. Public Hearing closed at 7:10 PM. III. Special Requests /Presentations A. Greencastle Youth Baseball Parade — Brian Pohlar ® 1. Brian Pohlar presented this request with copy of map with route designated. This request is for April 14, 2007 from the hours of 10:00 AM until approximately 11:00 AM. Motion by Tom Roach to approve this request, second by John Lanie, unanimous approval. IV. Public Petitions and Comments A. Mayor Michael asked audience if anyone had comments. None heard. V. Approval of Minutes A. Regular Meeting February 20, 2007 1. Minutes not available. VI. Approval of City Claims A. Mark Hammer reviewed claims and moved for approval of all claims as presented, second by John Lanie, unanimous approval. VII. Old Business A. Ordinance 2007 -1 — An Ordinance Approving the Vacation of an Alleyway Between Hanna Street and Elm Street Located in the City of Greencastle, Putnam County, Indiana, Second Reading 1. Shannon Norman presented this request with no changes from last meeting when Ordinance was read and approved on first reading. ® Motion by Russ Evans, second by Bob Sedlack to approve this Ordinance, unanimous approval. Page 1 of 5 VIII. New Business A. Resolution 2007 -5 — A Resolution Reaffirming Resolution 2007 -4 and Declaring an Economic Revitalization Area and Recommended Tax Deduction (Heartland Automotive, LLC — New Equipment) 1. Motion to waive reading of this Resolution by John Lanie, second by Russ Evans, unanimous approval. 2. Bill Dory presented this request. Mark Hammer moved for adoption of this Resolution as presented, second by Tom Roach, unanimous approval. B. Ordinance 2007 -2 — An Ordinance Amending the Greencastle Planning and Zoning Ordinance by Amending the Zoning Map, First Reading 1. Shannon Norman representing this request. Motion by Bob Sedlack, second by Russ Evans to approve this Ordinance as presented, unanimous approval. C. Council Appointment to Board of Zoning Appeals 1. Motion by Mark Hammer, second by Russ Evans to approve appointment of Barbara Bryan to Board of Zoning Appeals, unanimous approval. D. Ordinance 2007 -3 — Ordinance Prohibiting Smoking in Public Places and Places of Employment, First Reading 1. Mayor Michael began by reading this ordinance in it's entirety after which Councilor Bob Sedlack asked to make comments and begin discussion. Councilor Sedlack presented four options as he sees it: 1) Accept as presented, 2) Amend it and pass it, 3) Table and bring it back in the future or 4) Reject it with no second. Regarding 3 and 4 seems to be a public health issue and needs to be dealt with sooner than later. Regarding first possibility, accept as presented, very comprehensive and covers most concerns. Second possibility to amend with exclusion of private clubs. Councilor Sedlack would like to see this Ordinance pass as it is. Key issues raised at February meeting; Regarding Economic Impact: Most studies show that food services do much better when they become smoke free; with minimal impact. Regarding waiting for other governmental entities to act re: the county. Greencastle is more progressive than Putnam County. Why should we delay, surgeon general report reconfirms the serious health threat of smoking. Enforcement, who will enforce this? Most ordinances we pass are complaint driven; enforced when a complaint is registered. Checking air quality, we could enforce this ordinance more aggressively with devices available. Councilor Sedlack's desire is to adopt or amend tonight. Arguments in favor of this ordinance; most importantly: very serious public health issue. Councilor Sedlack believes this is the most important issue to come before the council in his 14 year tenure. Economic benefits; decrease insurance costs, better work response, council has other important issues to discuss. Councilor Sedlack reminded all that the $30,000 the Council approved for a marketing and development study; a healthy smoke free community would allow Greencastle to be a better community. Page 2 of 5 in 2. Mayor Michael asked Council if there were any questions. Russ Evans ® asked for clarification of Section 6, e. Out the door of places of employment. Mark Hammer commented missing specifically Bowling Alleys in section 3. Courthouse, Annex and Jail included in this Ordinance due to city's jurisdiction, Section 3, q. Russ Evans stated he believes Private Clubs should remain as private clubs and be removed from this Ordinance. Discussion. Need clarification on "public" in regard to Private Clubs. John Lanie stated his concern is with children and the exposure to second hand smoke. Tom Roach shared his concern is also with children under 18 years of age being exposed to second hand smoke. Feels Ordinance needs "massaging ". Feels this Ordinance is poorly written and needs clarification in many places. Suggested striking section 5. Section 8; posting of signs seems costly, noted that Coalition will pay for all signs necessary. Suggested changing "every entrance" to "main entrances ". Discussion of sign ordinance that may need amending. Section 9; Enforcement discussion, item D discussion. Section 10 discussion; appeals process necessary, suggested a three person board comprised of councilors as the appeals board. Section 11 discussion. Attorney recommended deleting Section 11. Further discussion. Mark Hammer asked regarding Section 6, d. Suggested striking c and d. Section 3 discussion. Change language to include "where individuals under the age of 18 are present ". Discussion. Mayor Michael opened meeting for comments. By consensus council agrees ® that this is a serious health issue and don't need "testimonials" regarding this topic. Discussion. Amendments are as follows: a. Section 3, item a, add Bowling Alley b. Section 5, eliminate c. Section 6, first sentence change "section 2 to 3 ", eliminate item d d. Section 8, eliminate words "at every entrance" e. Section 10, eliminate words "not exceeding" f. Section 11, eliminate completely g. Add section for appeal process, acknowledging that the appeals board would be comprised of three council members. h. Amendment to Ordinance in Section 3, item I amend to read "Private Clubs when public is permitted on premises ". i. Amend new section 5, item d, "Private Clubs except where prohibited under 3, (1) above. i. Motion by Bob Sedlack to change Ordinance as presented above, second by Tom Roach, unanimous approval. Motion by Bob Sedlack to table this Ordinance, second by Russ Evans, unanimous approval. IX. Department Reports A. Cemetery — Ernie Phillips ® 1. Present; nothing to add B. Fire Department — Bill Newgent 1. Present; nothing to add Page 3 of 5 C. Park and Recreation — Rod Weinschenk 1. Present; done grooming at Clearwater area. Russ Evans asked about No Parking signs faded at Park. D. Planner— Shannon Norman 1. Present; nothing to add. E. Police Department — Tom Sutherlin 1. Present; nothing to add. F. Street Department— Paul Wilson 1. Present; add Greencastle has been chosen as Tree City once again. G. Wastewater Department — George Russell 1. Present; nothing to add H. Water Works — Terry Dale 1. Present; nothing to add I. City Attorney - Laurie Robertson Hardwick 1. Present; nothing. J. City Engineer — Glen Morrow (moved to the end) 1. Present; Sidewalk and Overlay project, water main and Barnaby Mill Road working on these. Announced leaving April 5, 2007 for a consulting firm. X. Reports A. Mayor's Report 1. Reported that Glen Morrow is leaving and will be missed. Will not be replacing him at this time. Council thanked Glen for his service and dedication to the City of Greencastle. Reminder: Legislative Update this Saturday at Farm Bureau at 8:00 AM. B. Clerk- Treasurer's Report 1. Reported that City will be accepting Credit and Debit cards soon. C. Councilors 1. Mark Hammer asked for blinds on windows due to blinding sun coming in through front windows. XI. Adjournment A. Motion by Tom Roach to adjourn at 11:04 PM, second by Mark Hammer, unanimous approval. Nancy A. Michael, Mayor ATTEST: Teresa P. Glenn, Clerk Treasurer E Page 4 of 5