September 24, 2001
The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, September 24, 2001. Jerry Pittsford called the meeting to order and led the prayer. Michael Cornman led the Pledge of Allegiance.
Jerry asked for roll call of Council Members. Members present were Jerry Pittsford, President; David Sorokoty, Vice President; Michael Cornman, David Drake, and Geraldine McIntyre. Also present were Sandra Hash, Clerk-Treasurer and Mike Spencer, Town Attorney.
Approval of the Minutes
of the regular meeting of September 10, 2001
A motion was made by David Sorokoty and seconded by Geraldine McIntyre
to approve the minutes of September 10, 2001.
Motion carried.
Ordinances on First Reading
Ordinance 01-25 adding
Chapter 266 to the Ellettsville Town Code concerning the issuance and use of
credit cards
Jerry Pittsford introduced the ordinance and David Drake read it by
title. Jerry Pittsford questioned if
this is in order to comply with Indiana Statue for accounting purposes. Sandra answered yes; it also allows the
Marshals and Firemen to carry a fuel charge card in the vehicles. After some discussion it was to decided to
make the following changes:
·
Changing the
title of 266-15 to read Credit Cards for Marshal, Deputies and Firefighters for
the purchasing of fuel only
·
Replacing the
word gasoline to fuel in 266-15 (b)
·
Adding fuel
credit before the word cards in the first two sentences of 266-20 (c)
·
Changes
estimated to actual in the third sentence of 266-20 (c)
Ordinance 01-26 changing the
zoning at 200 S. First Street from R-1 to C-2
Jerry Pittsford introduced the ordinance and Mike Cornman read it by
title following with a summary on the location “parts of lots 5 and 6 in Ritter’s
Addition in the Town of Ellettsville in the area of 200 South First
Street”. Rick Coppock explained C-2 is
a neighborhood commercial district, which would consist of businesses that
would be used by the neighborhood. C-3
is a tourist’s commercial area. Jerry
added this has always been used as commercial property. Rick responded it could not be verified
that this property was ever zoned for commercial. Sandra explained the new owners wanted to make an addition to the
building. They applied for a building
permit and the Building Inspector checked the zoning and found it to be R-1
therefore generating the request for the change in order to make the
improvements.
The Council decided to approve the ordinance on the first reading. David Drake stated this is forwarded from
the Plan Commission with a favorable recommendation. It is bordered by the Elementary School, which is C-3 and
surrounded on three sides by a parking lot.
David Drake moved to accept Ordinance 01-26, seconded by Geraldine McIntyre. Motion carried.
Resolutions
Resolution 14-01 Transfer of
Funds
Geraldine McIntyre read the resolution. The transfers in the Police line are to cover overtime created by
the Fall Festival. The Park and Local
Roads and Streets transfers were to cover overage due to the basketball courts
and the street sweeper.
David Drake moved to accept Resolution 14-01. Geraldine McIntyre seconded.
Motion carried.
Mike Farmer, Ellettsville
Utilities
Geraldine McIntyre moved to amend the agenda allowing Mike Farmer to
address the Council. He needed to
attend another meeting. Mike Cornman
seconded the motion. Motion carried
Mike Farmer requested approval for 4 employees to attend the
International Construction and Utility Equipment Exposition in Louisville. It is the largest display of technology and
equipment related to our industry in the world. The expense would be for meals and mileage.
David Drake moved to approve the travel to the International
Construction and Utility Equipment Exposition for the Utilities
Department. Geraldine McIntyre seconded
the motion. Motion carried.
Mike also explained the position in the Utility Office vacated by Amber
Ragle would be filled by an internal applicant, Lynn Weiss, Deputy Clerk. They received 4 applications. Geraldine McIntyre moved to approve the
hiring of Lynn Weiss, Deputy Clerk to the billing clerk position. Mike Cornman seconded. Motion carried.
Ordinances on Second Reading
Ordinance 01-22 to amend
sections 813-10 and 813-35 of the Ellettsville Town Code concerning off-street
automobile and vehicle parking (favorable
recommendation from the Plan Commission 9-6-01)
Jerry Pittsford asked if there was any discussion on this
ordinance. Mike Cornman asked how this
would be enforced. David Drake answered
all zoning violations according to code are enforced by the Building Inspector.
He added it is the same as Bloomington the Planning Code Inspectors enforce the
building codes. There was a long
discussion on gravel driveways and how it would be determined who put driveways
in after 1995 when it was added to the code that gravel driveways would not be
allowed in Ellettsville. David Drake
stated Bill Land plans to revamp the building code section after the
Comprehensive Plan is completed. He also
would like to see enforcement of a driveway permit which would inform the
citizen on the proper installation of the driveway. Jim Davis, Building Inspector discussed the difficulty in
determining when a drive way might have been installed. David Drake explained this ordinance does
not change the gravel driveway restrictions.
This only makes three minor changes in the wording of the current
ordinance. 1. The yard area can be used for uncovered parking for six or less
vehicles would be changed from front yard area. 2. Adds parking on a lawn shall be prohibited. 3.
Changed parking areas to driveways.
David Sorokoty feels maintenance of the existing gravel driveways also
needs to be addressed. Jim Davis
requested direction on how to enforce it and what is expected from him on the
enforcement. Jerry replied it should
definitely be addressed with new construction and if informed of a new
installation on an existing property.
Jim Davis said there is also another problem in the code. The entrance of a drive way must be 5 foot
from the property line, but the remainder of the driveway is not addressed.
David Drake said when parking on the lawn was brought to his attention
he tried to rectify it with as minor and less complicated way as possible, with
the thought that the zoning ordinance was going to be updated anyway. We have so many things in our code that is
not adequate.
Bob Sowder brought up the question, is this just for long-term parking
or is it all parking.
Mike Spencer said in response to Mr. Sowder’s question he feels the
language of the ordinance is clear parking on any portion of the lawn is
prohibited. It does not say you can
park on the lawn to wash your car or if you have extra guests. It says it is prohibited. That is pretty clear it is prohibited. Jerry Pittsford added there are times you
can’t park in your drive such as when you seal the blacktop; you need to park
in your yard. There were several
suggestions on how to reword the ordinance to allow for special exceptions.
David Drake informed the Council in order to make changes it would have
to go back to the Plan Commission. The
Council can only except or reject the ordinance.
David Sorokoty moved to reject Ordinance 01-22 to amend sections 813-10
and 813-35 of the Ellettsville Town Code.
Mike Cornman seconded. Motion
carried.
Geraldine McIntyre said the code has been revised requiring all new
construction to have a double driveway for 2 cars several years ago.
Ordinance 01-23 the
voluntary annexation Zion Church of the Nazarene – Foster and McCoy property
Geraldine McIntyre made a motion to pass Ordinance 01-23 the voluntary
annexation of the Zion Church of the Nazarene – Foster and McCoy property. David Drake seconded. Motion carried.
Ordinance 01-24 to amend
section 890-20(d) of the Ellettsville Town Code concerning fees
Jerry Pittsford explained this amendment allows for all other
structures, which will cover institutional buildings. David Sorokoty made a motion to accept Ordinance 01-24 to amend
section 890-20(d) of the Ellettsville Town Code concerning fees, seconded by
Mike Cornman. Motion carried.
Old Business
Building Permits for
Edgewood Village
Rex Voils of Voils Construction requested the moratorium be lifted on
the Edgewood Village building permits.
David Drake reported the Plan Commission approved a preliminary plat
for the duplexes in the Edgewood Village development. The site plans appear to be in compliance with the PUD and
covenants and restrictions. They did
not take any action on the building permits because that came from the
Council. Rex confirmed there would
still be 24 houses along with the duplexes.
Mike Spencer has received a copy of the covenants and restrictions and
it has been returned to the original language requiring a resident to be at
least 50 years old. This was the reason
for the moratorium and it has been corrected.
David Sorokoty made a motion to lift the moratorium on the Edgewood
Village regarding the age limit since it has been reinstated to the original
plan. David Drake seconded.
John Litten said he thinks the partially finished home’s building
permit has expired. Would another
permit be required? Jim Davis answered
an extension can be requested if the permit has not expired. Otherwise a new application should be
made.
Rex said the home has not been sold; therefore the home is not
finished. The new owner should be able
to pick out the floor coverings, lights fixtures and other features. Rex discussed the problems he has had with
selling the homes. He feels the market
is not there for $100,000 homes for people 50 and over. He hopes to have better response on the
duplexes. He has a lot of money tied up
in the infrastructure and he needs to start selling dwellings. They have been on the market for 2 years and
only 3 homes have sold. The Council
expressed their concerns with the unfinished home. David Drake said he feels the house should be enclosed and dried
wall completed so it is closer to completion.
This would make it better for the current residents adjacent to the
vacant home
Rex explained to the Council several things that his construction
company had done for the town and school.
They donated the land for the Endwright Center, widened Edgewood Drive,
and gave fill dirt to the school for the softball field. He feels they have bent over backwards to
help this community.
Mike Cornman said mowing or bush hogging should be done to maintain the
grass and weeds on the vacant building lots.
The town ordinance says the grass should not be more than 9 inches. The grass and weeds should be cut on the
lots across from the adjacent apartment buildings and beside the existing
homes.
Judy Litten said this 4th lot has been unfinished for over a
year. She would like to see the
dumpster removed from the unfinished home.
She request this home be completed before he starts the duplexes.
Jerry called for the vote. The
motion carried with Geraldine and Jerry voting against lifting the moratorium.
Rex requested a letter stating the moratorium has been lifted.
David Drake requested Jim Davis investigate the building permit to see
if it has expired and if they are required to complete the home in the permits
time limit.
Action to pay Accounts
Payable Vouchers
Mike Cornman moved to approve the accounts payable vouchers. David Sorokoty seconded. Motion carried.
Supervisor’s comments
Jim Davis presented an agreement between the
Ellettsville Fire Department and the City of Bloomington Fire Department
concerning interlocal cooperation. It will
be reviewed by Mike Spencer and presented at the next meeting.
Ron McGlocklin requested a letter of permission from the
Council to have Smithville Telephone install DSL internet access. This would be paid by the SHOWCAP
grant. Jerry agreed to furnish the
letter through e-mail.
Sandra Hash confirmed the transfer of employees as
mentioned by Mike Farmer. Lynn Weiss
the current Deputy Clerk will move into the billing position and Amber Ragle
will become the new appointed Deputy Clerk.
David Drake expressed his pleasure to see the State
Highway Department had put in a driveway cut at the old water tower site on
Main Street. This will allow access to
this parcel, which could someday be developed into a park.
David Sorokoty thanked all the Fall Festival volunteers,
Police, Fire department and Street Department for all they’re help with the
Festival. As a volunteer himself he
realized just how much work is involved in putting on the festival. The town needed the festival more than ever
due to the terrorism in New York and Washington D.C. He shared his feelings and the effects of the attack on our
country.
Jerry Pittsford challenged the other Council members and
Town employees to make a donation to the Always Remember 9-11 fund. The project is a joint effort from the
National League of Cities and the state municipal leagues through Indiana
Association of Cities and Towns. The Always
Remember 9-11 Fund will be used to provide assistance to the families of
public employees who were killed or injured in the attacks and to public
organizations affected by the attacks.
Funds will be used to meet short and long-term health, financial, and
educational needs of public employees and families directly affected by the
terrorist attacks. Funds may also be
used to provide supplies, equipment, and other support to public organizations
directly affected by the attacks and the recovery efforts. The fund provides one way for city and town
employees to support colleagues and families directly affected by the September
11 attacks. Jerry pledged his next town
paycheck to the fund and requested Sandy collect the donations and forward them
to IACT. Jerry also spoke of the
patriotism he felt during the parade as the Fire Fighters, and other safety
employees passed by.
Adjournment
A motion was made by David Drake seconded by Geraldine McIntyre to
adjourn. Motion passed. Meeting adjourned at 9:00 PM.
_____________________________ __________________________
Jerry Pittsford, President David Sorokoty, Vice President
_____________________________ __________________________
Mike Cornman David Drake
_____________________________ __________________________
Geraldine McIntyre Sandra C. Hash
Clerk-Treasurer