The Ellettsville, Indiana, Town Council held
the Public Hearing on the 2004 Budget at 7:00 PM, Monday, August 25th,
2003. David Sorokoty called the meeting
to order at
There were no public comments, so the meeting
adjourned at
The Ellettsville, Indiana, Town Council met
in regular session at
Roll Call
David Sorokoty
asked for roll call of the Council
Members. Members present were David
Sorokoty, President; David Drake, Vice-President; Lisa Combs-Creech, Ray
Freetage and Geraldine McIntyre. Also
present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney and Rick
Coppock, Engineer.
Supervisors Present: Jim Davis, Ron McGlocklin, Mike Farmer and Jeff Farmer.
Approval of minutes of the meetings on
Geraldine McIntyre moved to approve the August
11th minutes and Lisa Creech seconded. Motion carried.
Action to pay Accounts Payable Vouchers
Geraldine McIntyre moved to approve the accounts payable vouchers. Ray Freetage seconded. Motion carried.
Street Lighting
David Sorokoty explained when the Town entered into the contract with
the State for the new highway the Town agreed to pay for the street lights. At that time we were supposed to get a
$200,000 grant from the State, however, the grant was revoked due to state
budget problems. The Town has a good
operating balance currently and he feels we should proceed. There will be fifty-six, twelve foot tall
decorative lights which will be controlled by a photo-cell on and time clock
off system. Crider has installed the
conduit and pull string. Cassady
Electrical Contractors, Inc. has offered their wiring services for $24,958.72
which includes pulling all light fixture feeds and to set the services. The decorative lights will cost $47,409.60
for an overall total cost of the project of $72,368.32. The Town has $13,889.83 cash on hand and will
need to have an additional appropriation for the remainder of the cost. Geraldine McIntyre made a motion to pay for
the decorative lights and wiring in the total of $72,368.32. David Drake seconded. David Sorokoty asked for a clarification of
votes and asked for a roll call vote.
Geraldine McIntyre - yes, David Drake - yes, David Sorokoty - yes, Ray
Freetage - no, Lisa Creech - yes. Motion
carried 4-1.
Public Hearing on Fire Department Lease
Kathy Raver explained tonight’s purpose is to adopt a key resolution
that approves the lease for the Fire Station which in accordance with the State
statue requires a public hearing to hear concerns from the community to make
sure the lease is reasonable. There were
no public comments.
Resolutions
Resolution 19-03 Transfer of Funds
Lisa Creech read Resolution 19-03 which transfers funds:
From: F-234 Fire Station
Building Maintenance $2,000.00
To: F-231 Truck Repairs $2,000.00
From: MVH-122 Group Health
Insurance $481.00
To: MVH-341 Fleet Insurance $397.00
To: MVH-342 Property &
Liability $84.00
From: P-232 Radio Parts &
Supplies $1,987.00
To: P-341 Fleet Insurance $1,987.00
Geraldine McIntyre moved to approve Resolution 19-03. Lisa Creech seconded. Motion carried.
Resolution 20-03 Approving Execution of the Lease Agreement for Fire
Station
David Sorokoty gave an overview of the resolution. Two appraisals were preformed on the
property, one valued it at $215,000 and the other valued the site at $235,000
for an average appraised value of $225,000.
The same appraisers were used when we originally purchased the
property. This resolution approves the transfer
of ownership of the project site to the Ellettsville Building Corporation which
was established on
Ordinances on First
Ordinance 03-13 to amend Chapter 255 of the Ellettsville Town Code by
adding 255-102 Commendation Awards
David Sorokoty explained this Ordinance describes the fifteen different
commendation awards Fire Fighters and Police Officers can receive that go above
and beyond the call of duty. David Drake
suggested removing the “on the basis of an attempted saving of human life”
phrase in the Medal of Bravery Award saying this would narrow the description
of bravery which would leave a gap for any type of courageous behavior and
added the Bloomington Police Department has a “Life Saving Medal”. Jim Davis commented the department felt like
the Fire Fighters and Police Officers needed and awards program for some time
and that’s why this document was created in the first place. He added the Fire Department used other agencies
documents to create this awards document and if the Council feels it needs to
be amended, he is okay with removing or changing the wordage.
Ordinance 03-14 to create a fund for Drainage Repair
Sandra Hash explained the Town has received some monies from developer
Charlie Wright for the drainage repair in The Meadowlands. In order to spend the money for supplies it
has to be in a non-reverting fund. This
will set up the fund to isolate the money to track how it’s expended. David Drake moved that we suspend the rules
to allow Ordinance 03-14 to be adopted on same day as introduced. Ray Freetage seconded. Motion carried. David Drake moved that Ordinance 03-14 be
adopted. Lisa Creech seconded. Motion carried.
Ordinance 03-15 to create a fund for Hazardous Materials
Sandra Hash explained the Fire Department intends to receive some
monies for hazardous clean up, such as auto accidents. The laws have changed and the Town can now
receive money for hazardous clean up. She
added there are guidelines to follow when collecting the money; it pays for
equipment loss and such. Mike Spencer
pointed out that this ordinance not only allows the Town to set up a fund to
receive and disperse money but it authorizes the Fire Department to bill for
their services as well.
Ordinance 03-16
David Sorokoty read the introduction to Ordinance 03-16 to amend the
zone maps and asked for public comment.
Comments:
Jim McDonald, The Development Group, the developer of Union Valley Farms, which are single family residences
adjacent to Chester Martin’s subdivision, does not like the idea of mixed
zoning. He added that Mr. Martin
supposedly plans on build three duplexes and four single family homes. If this Ordinance is approved he could build
duplexes on any of the lots he chooses. Three
of the lots in Union Valley Farms adjoin Mr. Martin’s property and Mr. McDonald
is concerned about his pending sales scheduled to close in November. The purchasers of these three lots agreed to
purchase their homes under assumption that the adjoining subdivision would be
zoned R-1. He doesn’t want that to
jeopardize his sales. He’s concerned the
duplexes may become rentals and doesn’t
feel that renters have the same pride of ownership. He does not want rental property next to
Union Valley Farms.
David Drake as a
member of the Planning Commission commented the Board felt mix uses are an
important part of planning concept and there wasn’t a lot of differences in the
uses between a single family home on a fourth of an acre and a mix of single
family homes and a couple of condominium units on the same size lots. He said this was a small development with not
many units but if it would have been a large apartment complex the Plan
Commission would have been more reluctant to zone it R-2.
Ian Hall, adjacent
property owner, questioned the difference between R-1 and R2, are the setback
requirements the same and if approved will Mr. Martin have to submit plans and
follow them or can he build whatever he wants.
David Drake
explained the requirements are basically the same. R-1 allows for only one residence per lot and
the only difference in the R-2 zoning is that lot can contain two units still
of a residential character. R-2 allows
for duplexes and the setback requirements are the same in R-1 and R-2. He added R-3 allows for apartments. Mr. Martin has to submit a development plan
and site plan that has to be approved by the Plan Commission. After the first approval if Mr. Martin
decides to change the development then he has to go back to the Plan Commission
again and several factors have to be looked at including traffic pattern,
street size and if it is compatible with the requirements after approval he can
proceed again.
Rick Coppock clarified
if it is zoned R-2 Mr. Martin can build whatever fits into an R-2 zone based on
the original approval of the plan that was submitted. If the plan was submitted with the lot
layout, the water, the sewer and the drainage but doesn’t include the style of
buildings and it is approved at a straight R-2 then he can mix it up or put in
all single or all duplex units. The only
way Mr. Martin would be locked into what is built if it is a planned unit
development then the plan is fixed for that particular parcel.
Mike Spencer agreed
with Rick saying if the zoning was approved then Mr. Martin can build anything
that meets the standards. He pointed out
they are only approving the zone tonight not the project because it could
change.
Lisa Creech
mentioned the Town doesn’t have rental ordinances. Rental issues have occurred this year so the
Town needs to take this into consideration.
Chester Martin said
these condominiums are to be sold not rented.
Mostly older people are planning on purchasing the condos. There will be three 2-story duplex homes,
three single story duplex homes and three single homes one of which is the home
he currently lives in. There are nine
lots which will accommodate a total of fifteen families. He’s contacted Brenda Lewis with homeowners management
and an association will be established where the owners pay fees to maintain
the grounds, such as lawn care and snow shoveling, etc. The association will be responsible for the
upkeep of the outside and the owner will be responsible for maintaining the
inside of the home. He closed by saying
there wasn’t enough room to make the number of single family homes he would
need to build to help pay for the expensive costs of building the road. So he had Rick Coppock re-draw the plans with
the correct specifications according to lot size, etc. to accommodate more
families by changing some of the homes into condominiums.
Old Business
Kathy Raver, H. J. Umbaugh
preliminary financial information for the Police Station and the Agreement
regarding the Fire Station and Police Station
Kathy explained the same process will be
followed for the Police Station as it was for the Fire Station with the Police
Station project approximately being a month behind. The twenty years financial option will also be
used for the Police Station. The Town’s
annual payments on the two bonds will be level for the next twenty years. She passed out a document that summarized the estimated
project cost and funding for the new Station including a preliminary
amortization schedule, an estimated annual lease rental payment, debt service
tax rate and an estimated tax impact on the homeowners. She pointed out in the Contingencies line extra
money was allotted for the ground study.
The report has not been completed to know what will be needed to make
the site suitable for the Station and
parking lot. When more details are received approximately
$200,000 may be removed if no additional work is needed on the site. For the Budget year 2005 the tax impact for a
homeowner may be $34 annually
for a $50,000 home $221annually for a $200,000 home. The total estimated project will cost
$2,143,000. The project will be funded
with the $147,000 Build Indiana Grant, $11,000 cash from the Insurance
settlement and with the proposed bond issued for $1,985,000. She closed by saying the Police Station is
expected to be completed by May 2004 since it is a smaller project.
David Drake questioned if
the Town was committed to this site yet from any action that has been taken so
far and suggested if it is going to cost an additional $200,000 to be suitable
to build on then a new location should be chosen. Kathy said no the Town has not been committed
to this site yet and the bond will not be sold until the final costs are ready
which will be sometime in November.
Ray Freetage commented the company
taking the core samples at the site has taken a second set of core samples and
they have a good reputation for not making mistakes. They will tell us if the site is not suitable
to build on. We are waiting to hear back
from them still.
Bynum Fanyo & Associates,
Inc. Architect Agreement for new Fire Station
Mike Spencer has reviewed the agreement and
it has several holes in the agreement. He
will forward his comments to Bynum Fanyo.
David Sorokoty questioned how not
having the agreement signed will affect the upcoming meeting this Thursday in
Kathy Raver explained if they
question why the agreement has not been signed we will just explain the
paperwork was submitted and the Attorney had comments but there wasn’t enough
time for the Council to review it, send it back to Bynum Fanyo and then back to
the Council to sign it by tonight’s meeting.
The meeting Thursday is a five member recommendation body and they will
give a recommendation to the Department of Local Government Finance and they
may not give their final opinion until we have the contract signed. They don’t normally give their opinion for
two or three weeks anyway, or they could approve it contingent upon it being
signed so, she doesn’t feel that not having the agreement signed will hold up
the project.
New Business
Jim Davis explained this was simply
renewing the annual contract with Bloomington Hospital Ambulance Service with a
5% increase. This contract provides a
back up ambulance service which is housed at the Curry Pike Fire Station. David Drake made a motion to approve the contract
with BHAS. Ray Freetage seconded. Motion carried.
Deer Run, section 5 – Final
Plat – 15 lots
Rick Coppock said this is a continuation of
the Deer Run Subdivision. The roads are
in as well as the water and sewer. They
have a letter of credit for the remaining improvements to be done. The streets will be blacktop instead of
concrete. David Drake made a motion to
approve the final plat for Deer Run, section 5, 15 lots. Lisa Creech seconded. Motion carried.
Greenbrier Knolls, section 7 –
Final Plat – 7 lots
Rick Coppock said it was originally planned
as 8 lots but they changed it to 7 lots after looking at it again. The corner lot area will be made in to a
conservancy area and included with the other lot. The homeowner of that lot will be responsible
for that area. They have a letter of
credit for the remaining improvements. David
Drake made a motion to approve the final plat for Greenbrier Knolls, section 7,
7 lots. Ray Freetage seconded. Motion carried.
Universal Adcom Distribution
Agreement of quick reference magnets containing emergency and community phone
numbers
Sandra Hash explained Harold Hawley, Project Coordinator for Universal
Adcom contacted us hoping the Town would distribute their magnets. Ray Freetage made a motion not to be a
distributor. Lisa Creech seconded. Motion carried.
Privilege of the Floor
John Litten, mentioned he came to the Council previously with problems
with the developer not following the covenants and restrictions. Tonight he presented a petition (35 names) from
the residents of Edgewood Village Retirement Homes on
David Drake said the
Town can not enforce the covenants and restrictions but the homeowners
association can. The only way the Town
can enforce some things is if the stipulation is listed in the Planned Unit
Development documents and those things were made as a condition of approval. The Building Inspector can issue stop work
orders for anything that is not in compliance and the Town could not issue any
more building permits if the plans are not followed. David said they will have to pass an
ordinance to make it “No Parking” on the streets which the Council will work on.
Mike Spencer commented
the only reason the Town got involved the last time with this development was
because the developer wanted to change the covenants and restrictions by
removing the fifty year old requirement.
The Town would not allow the change since it was a PUD and wouldn’t have
issued more permits if the age requirement was removed so the developer did not
remove it. He added if the developer is
violating the covenants and restriction this is a civil issue and the homeowner
has every right to file a lawsuit against the developer.
Rick Coppock said
the roads were accepted into the Town when the final plat was approved. The road isn’t completely surfaced but they
have a letter of credit stating it will be finished.
Jim Davis will speak
to Mike Spencer and check into the over population situation to see if anything
can be done.
Bob Sowder
represented the Chamber of Commerce as well as his and other businesses. He said they are concerned about security
problems and questioned the time frame on getting the new lights installed.
David Sorokoty did
not have an exact date but commented he believes the installation should be
completed the same time as the Highway 46 project completion.
Rick Coppock said CINergy
will be putting in the cobra lighting at the street intersections which will
probably be before the decorative lighting.
Sandra Hash added
she still has to ask the Department of Local Government Finance to advertise
for an additional appropriation which is a six week process.
Chuck Radke suggested
the Council to look hard at the rezoning issue mentioned previously. Thanked Rick Coppock for looking at the
drainage issues.
Supervisor’s Comments
Mike Farmer said a year ago
the Utilities Department rented a John Deere 260 Skid Loader from Holt
Equipment for the Highway 46 project.
The rental agreement gave the option to purchase the skid loader including
applying the rental payments at the end of the agreement. It is a versatile
piece of equipment; it has a forklift, street/sidewalk broom and loader bucket
attachments. The equipment is worth
$29,000 and can be purchased for $8,570.
Geraldine McIntyre made a motion to approve the purchase for
$8,570. David Drake seconded. Motion carried.
Jim Davis gave an update saying
there was a problem with grading between the carwash and fire department site. Gary Farmer represented Crider & Crider,
Butch LeJuene, owner of Water Works carwash, Architect Sherman Bynum and he met
last Friday and worked out an agreement to remove the dirt behind and beside
the car wash which will prevent constructing a $30,000 retaining wall between
the carwash and the fire station site.
David Sorokoty said Jerry Barnes
estimated a savings of $100,000 for removing the soil.
Lisa Creech said Mike
Spencer had prepared the orders to declare the carwash on
Mike Spencer suggested
sending a certified letter to the property owner as well as hand delivering a
duplicate copy.
The Hearing date will be
Lisa Creech made a motion to pursue the Unsafe
Building Law on the car wash property on
David Sorokoty commented he has
appointed Ray Freetage to write the job description for the new Zoning
Administrator. He closed with “Shop Ellettsville!”
Adjournment
_____________________________ ________________________________
David Sorokoty,
President David
Drake, Vice President
_____________________________ ________________________________
Lisa Combs-Creech Ray
Freetage
____________________________ ________________________________
Geraldine McIntyre Sandra
C. Hash, Clerk-Treasurer