November 8, 2004

 

 

 

 

 

The Ellettsville, Indiana, Town Council met in regular session on Monday, November 8th, 2004 at the Town Hall.  William Evans called the meeting to order at 7:30 PM stating Pat Stoffers will be delayed due to another meeting.  Dennis Williamson led in the Pledge of Allegiance and Lisa Creech led in prayer. 

 

Roll Call:  William Evans asked for roll call of the Council Members.  William Evans, Vice-President; Lisa Creech, Phillip Rogers and Dennis Williamson were present.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney; Rick Coppock, Town Engineer and Frank Nierzwicki, Planning and Zoning Administrator.  Patrick Stoffers was absent for roll call but came in late.

 

Supervisors Present:  Jim Davis, Ron McGlocklin, Mike Farmer and Jeff Farmer were present.  Jim Ragle was absent.

 

Approval of the regular meeting minutes for October 25th, 2004

 

Lisa Creech made a motion to approve the minutes for October 25th, 2004.  Phillip Rogers seconded.  Motion carried.

 

Action to pay Accounts Payable Vouchers

 

Lisa Creech made a motion to pay the accounts payable vouchers.  Phillip Rogers seconded.  Motion carried.

 

Announcement: 

 

William Evans announced Cinergy has given the Town credit for the street lights that were removed during construction on Main and Temperance Streets in the amount of $6,046.35

 

Resolutions

 

Resolution 27-04 to adopt the Fiscal Plan for Chris Sims, Timothy Sims and Michael Sims at 5080 N. Capital Avenue (1.41 acres)

 

Lisa Creech read the resolution in its entirety. 

 

Frank Nierzwicki, PZA explained this is for 1.41 acres and there are no major road connections, so this will need to be looked at if future development is planned.  He added from the previous staff review and staff report (case # 2004-EZO-005) by former PZA Jeff York, staff recommends approval.

 

Lisa Creech made a motion to adopt Resolution 27-04 to adopt the Fiscal Plan for Chris Sims, Timothy Sims and Michael Sims at 5080 N. Capital Avenue.  Phillip Rogers seconded.  Motion carried.

 

Resolution 28-04 to adopt the Fiscal Plan for Arthur and Mary Ann Staggs at approximately 5500 N. Union Valley Road (17.98 acres)

 

Frank Nierzwicki explained the zoning is currently agricultural, rural reserve but it will become R-1. There are no apparent fiscal considerations with this annexation.  We need to look at good road connections in the future and he plans to point out the stub roads for future developments to everyone because stub roads are meant to be connected.  Homeowners need to be educated to the possibilities of stub roads being used so they aren’t surprised when a neighboring field becomes a new subdivision.  He gave examples of stub roads in the Union Valley Farms subdivision that could be used in the future.  Former PZA Jeff York’s staff report (case # 2004-EZO-004) recommends approval.

 

Dennis Williamson read the resolution in its entirety.

 

Lisa Creech made a motion to adopt Resolution 28-04 to adopt the Fiscal Plan for Arthur and Mary Ann Staggs at 5500 N. Union Valley Road.  Phillip Rogers seconded.  Motion carried.

 

Resolution 29-04 temporary loan from the General Fund to Cumulative Capital Development

 

William Evans read the resolution in its entirety.  This is for the purchase of equipment for a Police vehicle.

 

From:  General Fund                                      $3,000.00

To:  Cumulative Capital Development Fund    $3,000.00

 

Lisa Creech made a motion to adopt Resolution 29-04 for a temporary loan from the General Fund to the Cumulative Capital Development Fund.  Phillip Rogers seconded.  Motion carried.

 

Ordinances on First Reading - None

 

Ordinances on Second Reading

 

Ordinance 04-20 annexation request for Chris Sims, Timothy Sims and Michael Sims at 5080 N. Capital Avenue

 

Lisa Creech made a motion to adopt Ordinance 04-20 annexation request for Chris Sims, Timothy Sims and Michael Sims property at 5080 N. Capital Avenue.  Phillip Rogers seconded.  Motion carried.

 

Ordinance 04-21 annexation request for Arthur and Mary Ann Staggs at approximately 5500 N. Union Valley Road 

 

Lisa Creech made a motion to adopt Ordinance 04-21 annexation request for Arthur and Mary Ann Staggs at 5500 N. Union Valley Road.  Phillip Rogers seconded.  Motion carried.

 

Ordinance 04-22 vacating public way with utility easement

 

Frank Nierzwicki reminded the Council this was a continuation from the previous meeting concerning the easement for utilities in the alley the Sowders requested to be vacated.   He has met with the Sowders and staff recommends approval.

 

Lisa Creech made a motion to adopt Ordinance 04-22 vacating public way with utility easement, 108 W. Temperance and 114 W. Temperance.  Phillip Rogers seconded.  Motion carried.

 

Old Business - None

 

New Business

 

Sign Regulations concerning scrolling signs

 

Frank Nierzwicki said he’s had inquiries about allowed signage for businesses in Town, with specific interest in scrolling, flashing and blinking message signs.  He hasn’t received any new sign permit applications yet but wanted the Council to be aware of the inquiries.  He pointed out the Town Code states that flashing and blinking signs are not allowed but it does not specify about scrolling signs.  He mentioned this tonight because he wanted to make the Council aware of this possibility and get input because someone has approached him with a proposed scrolling sign.

 

Lisa Creech asked what was allowed legally and suggested checking on the State law for signs. 

 

Frank Nierzwicki pointed out that with new technologies occurring overtime that sometimes the ordinances are behind the technology and need to be changed to be current with the technology.  He hasn’t looked at the State Law regarding signs.

 

Lisa Creech advised him to get with Mr. Spencer to research the issue and if the state law was permissible in allowing the signs, then perhaps we should rewrite our ordinances before any new permits are applied for.  She would rather be proactive than retroactive.

 

Dennis Williamson asked aren’t there are already scrolling signs in Town.

 

Lisa Creech said yes. 

 

Frank Nierzwicki stated from his interpretation of the Code scrolling signs are a legal use currently since they aren’t specified in the code as prohibited.  He can be contacted if anyone has any questions or comments.

 

Pat Stoffers said this seems like a Plan Commission issue as far as the content of the ordinance.

 

Public Comments:

 

Charles Dowdy said a rolling sign to be read one line at a time would be okay, but in certain areas a scrolling sign with a lot of traffic such as St. Rd. 46 could be a distraction and a potential traffic hazard.  The same with flashing signs, they distract your vision and it could be dangerous.

 

Request to subdivide 30 acres +/- from larger parcel located in the 4800 block of Love Lane otherwise known as the Mary George subdivision

 

Rod Figg of Century 21 came to answer any questions the public may have.  He is representing the property owner Mary George. 

 

Frank Nierzwicki said the Plan Commission approved this request last week.  There may be issues about access later that need to be looked at when future development occurs. 

 

Privilege of the Floor

 

Sandra Hash stated the last change order she has on file is change order #9.

 

Larry Neidigh stated he will give this change order (incorrectly dubbed #14) for Police Station to Sandra on the proper AIA form with the correct change order #10 to keep all the records straight.  He said each change estimate number is listed out but they are all under the one change order number.  He and Ron McGlocklin explained each change estimate number.  Two signs have been donated by Bybee Stone Company.

 

·         Estimate #14                            $1,551.00 (Install Door, Frame, Hardware)

·         Estimate #15                            $6,655.00 (Install Limestone Signage)

·         Estimate #16                            $3,931.00 (Storage Building Block)

·         Estimate #17                            $   390.00 (110 Volt Receptacle Storage Room)

·         Estimate #18                            $   490.00 (Gutters / Downspouts Storage Bldg.)

·         Estimate #19                            $2,957.00 (Paint Sally Port Overhead Doors)

·         Estimate #20                            $1,258.00 (Delete Amount – Heavy Duty Paving)

·         Estimate #21                            $1,392.73 (69 Pieces of Limestone)

·         Estimate #23                            $3,296.15 (4000 PSI Concrete)

 

Total Change Order #10 Estimate:  $19,404.88 (with Estimate #22 eliminated)

 

Larry Neidigh added there may only be a few more change estimates and brought everyone up to date on their progress.

 

William Evans asked if the Police Department would be moved into the new station by mid-December still.

 

Larry Neidigh said yes and added as far as he knows the only thing they’re waiting on is the generator.

 

Patrick Stoffers made a motion to approve change order #10 for $19,404.88.  Phillip Rogers seconded.  Motion carried.

 

Privilege of the Floor - None

 

Supervisor’s Comments

 

Ron McGlocklin said the Police Department had received a Homeland Security grant for $25,000 through the efforts of Monroe County Emergency Management and the Police Department purchased two generators from Menards with part of the grant money.  They also purchased emergency tents and framing for tents from Cabellas with the grant money, we only paid $61.00 for shipping.

 

Rick Coppock said he spoke to Dennis about the street light project.  Cassady Electric has been reviewing the conduit for the project and once it’s figured out they will start pulling the wires allowing the Street Department to follow with installation of the lights.

 

On the Rule 13 project they have completed both A concerning the Town’s intent to comply and B which is the base line characterization.  Part C will need to be turned in by December and it includes a schedule and budgetary numbers.  There will be some added cost for testing which is required.  He will have a summary later to give to the Council about Part C. 

 

Rod Figg mentioned that a vote was not taken on the request to subdivide 30 acres on the Mary George subdivision.  The attorney advised a vote didn’t need to be taken since the Plan Commission already approved it. 

 

Frank Nierzwicki said he met with the Sowders last week about the timetable to remove the storage trailers.  They are working together on this project and making progress.

 

Sandra Hash reminded everyone the office will be closed Thursday, November 11th in observance of Veteran’s Day.

 

Dennis Williamson announced there will be a meeting for small business owners on destination retailing tomorrow, November 9th at 6:30 p. m. at the Eagles Landing in the Old Schoolhouse gift shop.  Everyone’s invited.

 

Patrick Stoffers stated the bulk trash day was a success.  They gleaned most of the metal dropped off and 12.83 tons of material was collected.  He thanked Phillip Rogers, Jim Ragle and Bill Evans for their help with this project and added they hope to provide this opportunity again for the public in March or April next year.  He wished Jim Ragle well.

 

William Evans said the Reserve hours for September were163.25 hours of patrol and 37 hours of training for a total of 200.25 hours and for October 131 patrol hours and 68 training hours for a total of 199 hours. 

 

He wished Jim Ragle well also.  He suggested everyone remember the service men and women who are away from home currently as well the Veterans present here and those who are deceased.  We appreciate all their service.

 

Adjournment

 

William Evans asked for a motion to adjourn.  Lisa Creech made a motion to adjourn.  Patrick Stoffers seconded.  Motion carried.  Meeting adjourned at 8:18 p. m.