The Ellettsville, Indiana
Roll Call: Members
present were: Sandra Hash, President, Terry Baker, Vice
President, Dan Swafford, Don Calvert,
Approval of
the Minutes
Sandra Hash-
Can I have liberty to change a few
lines of the minutes, I saw a few comments that didn’t really seam
necessary. Do I have a motion to approve
of the
Dan
Swafford- I make a motion to approve
of the
Old Business
Sandra Hash-
The
New Business
Request to rezone parcel
Doug Curry- I’m with Bynum Fanyo and Associates, I’m a land
surveyor there, and I live in
Sandra Hash-
Is there anyone here to speak for or
against the rezone?
Thomas
Wedemeyer- I live at
Sandra Hash-
Would it be appropriate for them to
see the map of the site plans? You are
all welcome to come up to see the map.
Tom Burch- This development will be very similar, if not better
than the current buildings on the lot. I
work with Kevin West, and he is the developer.
Many people are talking, and it’s hard to determine
who is speaking or what they are saying.
Thomas
Wedemeyer- How would that change the
zoning on my property? My property
didn’t have a zoning classification when we went through this the last
time. Then they tried to change the area
to commercial, and then my area went in as R-1.
Then I was told mine was grandfathered and I couldn’t do anything to
it. If I wanted to add a deck is that
ok?
Sandra Hash- R-2 is a two family dwelling.
Tom Burch- The developer wants to sell these condos, he has
other rental property, but he wants to sell these. He may not start building in this area for
awhile, considering the economic times we are in.
Gerald
Peusz- Couldn’t make out his
question, he spoke from the audience.Sandy
Hash- made note to the audience to come to the podium and sign in. We rely on the tape recording to do the
minutes, and when you speak back and forth with each other we can’t hear you.
Tom Burch- The price could range from $100,000 to $125,000. The buildings with a basement will be more
expensive.
Sandra Hash- Sir, we can’t hear your question.
Gerald Preusz- My question is has any consideration been made to the
traffic coming in and out of these units?
I would like you to think about the people coming from the north come up
the hill really fast, and I’m across the street from where they are talking
about building. I have to really watch
the traffic coming out of there and you can’t see the traffic coming.
Tom Burch- Rick has a plan for a cul-de-sac.
Don Calvert-
Tom, would units 2, 3, 4 and 5 would
be accessed from the cul-de-sac, but unit 1 will access off of
People keep talking from the audience, hard to tell
who is talking.
Sandra Hash- Rick, do you have any statistics of any accidents
happening in this area?
Joe Sanders- We haven’t had any accidents in this area. If it is R-2, eventually, and you put condos
in this area, what happens if they aren’t selling and they want to come back
and have these as rental properties do they have to come back for a rezoning
request or not?
Sandra Hash- No.
Joe Sanders- That’s a problem, because we have rentals at the end
of the street that Cascio owns. We don’t
have problems down there, but for lack of a better way of saying this, they are
rented to lower income people. They have
to have a place to live too, but they are crossing over to the convenient store
through our properties. We are concerned
about our property values. We also have
concerns about the road, weather conditions on the road, traffic speeds and
visibility. I worry about an increase in
traffic if they turn into rental units.
Tom Burch- So, the Ellettsville
Joe Sanders- They do a fine job, it’s before they hit it that it
is bad.
Tom Burch- I understand. I
would like to add, if it was R-1, how many lots were platted for this at one
time Rick?
Tom Burch- If the owners wanted to go in now and build 6 lots
and rent them they could already do this.
The proposed owner wants to make it a nice place, update it, and make it
comparable or better to what is there now.
He’s watching the market and doesn’t plan on building until he sees that
change.
Several people were talking, hard to hear, commissioners
were speaking at the board table, at the same time Tom was speaking.
Rob Hood- I live at
Gerald
Preusz- Is there any consideration
for single family homes?
Tom Burch- I don’t think so, and if the person who owns the
single family home wants to rent it, he could.
This property hasn’t been purchased.
The deal is contingent on the zoning change.
Joe Sanders- But he doesn’t live here, and he doesn’t have the
same concerns that we have.
Comments were going back and forth from the audience.
Sandra Hash- Let’s try not to battle back and forth, are there any
other questions from the residents?
Joe Sanders- Shouldn’t the guy that owns the property be here to
address the issues instead of the builders?
Sandra Hash-
It is my understanding that when they
hire an engineering firm it’s common for the firm to represent them. So, Doug Curry is here to represent the
petitioner.
Gerald
Preusz- I sense, that as a group, we
would prefer single family units there, other than the duplexes in the area
behind the development.
Sandra Hash- Do any of the commissioners have any questions for
the petitioner?
Sandra Hash- Yes, that is correct.
Doug Curry- Yes, that is correct.
Sandra Hash- They are more
segregated from
Dan
Swafford- Where I live, we have
Capital Avenue Apartments is an example, and right before you enter Autumn
Ridge.
Dan
Swafford- It’s a standard practice in
neighborhoods.
Sandra Hash- I’ll give you some of the history of this
neighborhood, it has been through some trying times. This same area was requested to become a C-3,
and they wanted to put in a video store in this area, and have a doctor’s
office or something else with it. At
that time, the East Ellettsville Area Plan states that we should try to
preserve our green ways and the large
front yards on that corridor. The
neighbors were very verbal of their dislike of a commercial development and
they would have to enter in front of the existing houses and so, the
Rob Hood- When we first moved into the neighborhood we were told
you have one of the nicest lots in the area, but we aren’t told that now. We are concerned about our property value
declining. If this area turns into
rental property, we’ve lost all the value that we really had there. It is an odd lot, and we’ve done a lot of
work. We have a ravine in front of us
and natural drainage in that area, and I’m concerned about the drainage in this
area as well after the development goes in.
I think R-1 would be more conducive to what is surrounding the
area.
Dan
Swafford- I have a question for Doug
Curry, someone brought up the comments about the CITGO gas station. Could there be any way they could in some
kind of natural block on those back property lines to help block some of the
lighting, or is it high enough that shrubs or pines could be used.
Sandra Hash-
That would come with the site plan,
there should be some landscaping and there is the huge drop off wall that would
definitely need to be protected with some kind of landscaping.
Rob Hood- I worked with the owners and they did put in some
pine trees, but it will be years before they have any affect. There is a concrete wall at the back of the
station, I don’t know if a fence could be constructed above that, I think this
is a safety issue.
Dan
Swafford- How high is the wall?
Rob Hood- It’s 18 to 20 feet tall.
Sandra Hash- We requested a landscape plan when the station was
put in, and I’ve asked about it several times.
I don’t know why it hasn’t been put in.
Dan
Swafford- Doug, do you think
something could be done about this, when the development goes in.
Doug Curry- We do have a common line, there with the gas
station. It’s only 255 feet long, the
west boundary line, so we couldn’t really get into blocking light where it
sounds like the neighbors are requesting.
Sandra Hash-
The safety on the wall is what he’s
talking about.
Dan
Swafford- I’m looking at Google Earth
at your property, and I don’t think they can construct anything to help you
(Rob Hood).
Doug Curry- It’s been my
experience with tall walls like that, I always thought that was automatically
covered by zoning rules and regulations as far as the 36” or 48” fence along
this area. I don’t know if you have this
in your code or not.
Dan
Swafford- There’s nothing there,
other than a drop off? This is something
we definitely need to look into. Unit
one, how do you propose getting to this lot from the road, where would that be
located? Would it be in the upper or
lower part?
Doug Curry- The lower part.
Several commissioners talking at the same time Doug is
speaking, I can’t make out the comments.
Doug Curry- The driveway would be about in the middle of the lot.
Sandra Hash- Have we answered everyone’s questions?
Terry Baker- We aren’t dealing with the plans for the buildings,
we are dealing with just the land itself.
Doug Curry- Tom has said it would be a similar building, maybe
even a little bit better. It will be a
similar building, we are trying to show that it won’t be much different.
Dan
Swafford- Someone had mentioned
drainage issues. Before they go through
this, they would have to apply for a grading permit before they break ground.
Doug Curry- We would comply with Rule 5 and IDEM rules and all of
the storm water retention areas. The
retention area would be by lot 4 along the highway.
Sandra Hash-
So, even though there is a wall all
away across there, there is enough of a dip to hold water?
Doug Curry- We would make a retention area and the runoff from
the proposed cul-de-sac. The front of
the lots would drain onto the road and that water would go into curb and storm
inlets and end up in the retention area.
Jennifer
Gunderman- I live in the duplex
unit. I was approached in May by Kevin
West. He said he was thinking of
purchasing the property and at that time he did show me some plans, they did
not have 5 buildings on it, it only had 4.
I want him to keep the established trees on the lot. My other concern was the rental aspect of
it. Tom and I both own our house. He had some extensive ideas. He’s not come back to talk to Tom or I.
Joe Sanders- In reference to the drainage…. the retention pond for
the units we butt up against 46, however unit 1 would be at the back of Tom’s
residence. There are two storm water
drains and they are in front of my house.
I end up with all of the neighborhood water coming into it. Even lot 1 will go into the ravine area in
front of Rob’s house or straight down the street to the storm drains in front
of my house.
Sandra Hash- Doug do you want to address the drainage for lots 1,
2 and 3.
Doug Curry- According to the topographic map the building on lot 1
slopes towards Mr. Hood’s property and there hasn’t been any, at least on the
preliminary plat, any consideration for diverting that water any other
direction.
Sandra Hash- Connie go ahead and turn off the recorder, so we can
all look at the map and talk about the drainage. The residents were also asked to come up and
view the map with the commissioners and Doug Curry.
To summarize what the rest of you didn’t hear Doug
reviewed the storm water installations and how they would drain to the pond. There is no drainage there now, so they
actually could see an improvement. The
water would be retained within the development, so no additional water would be
added to the adjacent properties.
Doug Curry- Bynum Fanyo uses the 100 year flood calculation for
drainage.
Sandra Hash-
This piece of property has been
unimproved for quite some time and the current owner hasn’t done a good job of
keeping it mowed and maintained. As with
any vacant property they are always for sale and they are always up for
development. On the developers side this
is a small development with only 5 lots to develop. In order to pay for the storm drains,
infrastructure and the roadway they have to be able to make a certain amount of
money off of the property, so therefore that is what Mr. Burch is saying. The condos are more feasible for a builder. I do understand that it opens the door for
rentals. We have to find a happy medium
for everyone. This looks like a good
plan and in order to make it work, compared to the commercial that was up a few
years ago, this is an improvement. Even
with single family homes, there is no guarantee that rentals won’t come. They do come; it’s something we have to face.
Dan
Swafford- With a homeowner’s
association too, it will help catch things.
Sandra Hash-
Is there a consideration or a motion
that would like to made on the rezone from R-1 to R-2. This means the recommendation goes to the
Dan
Swafford- I second.
Sandra Hash- Would you please do a roll call vote:
Phil Smith- YES
Dan Swafford-YES
Terry Baker- YES
Don Calvert- ABSTAIN
Motion carries.
Request for preliminary plat approval for 5lot
subdivision, Springs Valley Condominiums, West Group LLC petitioner
Sandra Hash-
Do we need to approve the preliminary
plat this evening, it is on the agenda?
Sandra Hash- Is there any documentation to be read. I see the staff report. I don’t have anything in my packet for the
preliminary plat.
Sandra Hash-
Is that still correct for four duplexes
and one single family home?
Dan
Swafford- Who submitted that?
Dan
Swafford- Doug what is the
preliminary plat suppose to be is it five?
Doug Curry- It’s five lots.
Dan
Swafford- And that’s what we just
approved, right?
Sandra Hash- We’ve approved of the Zoning.
Dan
Swafford- Is this the step we go to
or does it have to go to council first for the approval of the rezoning before
we approve the preliminary plat, correct?
Sandra Hash- I think that is a good question.
Dan
Swafford- I don’t think we can
approve the plat until the rezone is approved by the
Sandra Hash-
I think that is a good point. I think this would give the
Dan
Swafford- I make a motion that the
preliminary plat approval should be on the agenda for the next
Sandra Hash- There is a motion on the floor to delay the
preliminary plat approval until the rezone is approved by the
Terry Baker- Second.
Sandy Hash- Connie please roll call.
Sandy Hash- YES
Terry Baker- YES
Don Calvert- ABSTAIN
Phil Smith- YES
Sandra Hash- That wraps that up for tonight.
Proposed
Sandra Hash-
I want to discuss the Proposed
I would like to ask my fellow commissioners that we
keep the regular dates to meet. This is
confusing to the commissioners and the public.
We can carry on with the staff notes from the director.
Dan
Swafford- I make a motion that we do
meet in July on
Sandy Hash- Do I have a second.
Terry Baker- Second.
Sandra Hash-
All those in favor of adding July 9,
to the schedule, please say aye. Aye,
opposed same sign, none opposed.
What about the other dates at the beginning of the
year, the changes on the meeting dates.
Let’s move the dates back to the first Thursday of the month: January to
the 8th and February to the 5th. We also have a time change request. What do you think about
One more thing about the agenda. When we have old business that deals with
code revisions or internal business, we need to put this on the end of the
agenda, so we can take care of the new business and not make people wait. I want this to be the general consensus.
Terry Baker-
I think that the director is
following Robert’s Rule of
Sandra Hash- We don’t subscribe to Robert’s Rule of
So, we are proposing a revised schedule and meeting
time.
Phil Smith- I’ll make that a motion.
Terry Baker- Second.
Sandra Hash- All in favor say aye, opposed same sign, motion
carries.
Old Business
Proposed changes to the Ellettsville Town Code
Sandra Hash-
I just want to say the format for the
code revisions is much better, you did a good job. I understand this was covered on Tuesday at
the last meeting to discuss code revisions.
Terry Baker- We went through all of the codes, that have the
proposed changes and made suggestions on changes, that are present in the
current document. It’s basically
changing some of the wording, it softened it up and I think it was a good
revision.
Sandra Hash-
She reviewed some of the
changes. I do understand there is some
concern about the campaign signs or political signs.
Sandra Hash- I know we were addressed about the right to run for
public office as being one of the rights you have as a citizen and to inhibit
this ability was a free speech issue.
Are we going to pass the rest of the on to the attorney, or are we going
to wait.
Sandra Hash-
Are you talking about the costs and
adding that into the lien?
Sandra Hash- Indiana Code dictates the procedure. Indiana Code dictates the money goes back into
the general fund. So, I’m going to have
to create a budget line to reimburse the street department for their expenses?
Sandra Hash-
But, when it says shall be paid from
the town treasurer upon sworn voucher of the street dept. that certainly sounds
like the street dept. is going to give ma a bill and I’m going to pay them out
of the general fund for work they’ve done.
Phil Smith- So, Indiana Code won’t let you take money from the
general fund and put it into the street department or planning dept.
Sandra Hash-
Indiana Code says that anytime that
we enter upon property and we do lawn mowing and we file a lien then that goes
back into the general fund.
Phil Smith- Right, then once it gets back into the general fund,
can’t you put it back into the street department?
Sandra Hash-
No.
A budget line would have to be set up in the general fund to reimburse
the MVH. The money evens out in the flow
of things with budgeting.
Phil Smith- When Jim and his department get pulled away to clean
up a property, and say it might take them a week, he would like to have the
money to hire someone part-time to do that job or the other requirements and
jobs they do.
Sandra Hash- We have to work within our limits. This year we’ve cleaned two properties.
Phil Smith- Right.
Sandra Hash-
If the council desires that is an
option, but we would need to set up a budget line and appropriate that
money. This is called miscellaneous
revenue and that goes to fund the budget plus other things.
Terry Baker- And, we may not get the money even though we file a
lien.
Sandra Hash-
It could take two or three years to
get the liens paid or longer. Our liens
go on the tax bill, and taxes go delinquent, people walk away from
properties. The lien has to be there
before the property sells.
Terry Baker-
How do you want this section written?
Sandra Hash-
It needs to be changed where it says
shall be paid from the town treasury upon sworn voucher that’s what needs
changed. It should just be turned into
the town treasury.
Terry Baker- 2/12/2001 was the date it was changed.
Sandra Hash- We can leave this as it is. I’ll review the Indiana Code and we’ll go
from there.
Sandra Hash-
It’s been long standing.
Sandra Hash- It was explained to me that this is like an outside
toilet.
Don Calvert- What he explained the other night (
Terry Baker- Frank said it was for refuge storage or anything like
that is considered a vault. I think
this way it covers a multitude of things.
Do you have any questions from page 3. Right of Entry. I want to point out that our original code
said we could go inside to a property, but when we looked up Indiana Code, we
do not have that right, so we used Indiana Code and re-wrote that section.
Sandra Hash-
So, this goes to show, that our code,
doesn’t always follow Indiana Code.
American Legal was supposed to make us compliant with Indiana Code if
they saw something that wasn’t correct.
Page 4. Micah
added a lot of different options of how to get the notices served, this will be
very helpful.
Are we ready for page 5. No corrections, page 6, on B. on site storage
of motor vehicles, we talked about motor vehicles and water craft
vehicles. Page 7 we stressed if the vehicles
were owned by the current owner of the property, this will help eliminate
personal auto repair businesses being operated from a residence.
Page 8, now we can start speeding up, page 9, now skip
to page 13 section 9. The word attained
should be obtained. Page 15, clarify
section E. All signage from a closed
business shall be removed within 30 days after the business closes, this will
be written on the sign permit, so they’ll know this up front.
Page 16, signs behind glass, we found a lot of signs
would fall within a 6” x 26” dimension.
Phil Smith- What about these big open signs that flash? They are bigger than 6”.
Dan
Swafford- Have you checked on the
code, for interior signs. I think signs
on the interior can’t be enforced.
Please skip to page 21, sign permit fee. We added on site business signs, and on page
22 we added back in conditional use.
That’s it.
And the last one is parking on grass.
The section added was read for non-construction
activities concerning ground cover on areas less than 1,000 square feet. The reason this was added was to help the town
enforce parking on the grass as an erosion issue.
Terry Baker-
The new code changes are
clearer.
Dan
Swafford- I think they are referring
to septic systems.
Sandra Hash- In the Town of
Dan
Swafford- I think we still have some
areas in town that have septic. The houses
have been there for over 50 years, but not any in new development.
Sandra Hash-
Are we ready to make a motion to
approve the codes, or should we wait until the remaining codes are ready to
change. Why don’t we get everything
ironed out and then we could go ahead and approve of all of them at one time.
Privilege of
the Floor- Non Agenda Items
Russ Ryle- I’ve been giving some thought about something, in many
areas we are being faced with abandoned homes and foreclosures. I think we should add a section into the code
for unoccupied structures or residences and refer back to the state for fire
codes. Unoccupied structures need to be
up kept in a reasonable manner.
Sandra Hash-
When homes are in foreclosures, some
banks come out and clean up properties right away, but others don’t. When you have old tires and junk in the yard,
you can’t remove that stuff, you can fine them and fine them every day, but I
don’t think you can remove the items.
Russ Ryle- People break in and steal copper, we need to secure
and keep an eye on these properties.
Sandra Hash- I’ll start off the first meeting next year and then
I’ll turn it over to the new President at the January 8th meeting. I look forward to working with the
Adjournment, Terry Baker made a motion we adjourn.