Roll Call: Members
present were Patrick Stoffers, President; William Evans, Vice President; Phillip
Rogers, Lisa Creech and
Approval of the minutes
Evans made a motion to approve the minutes for the regular meeting of
Action to Pay Accounts Payable Vouchers
Lisa Creech made a motion to pay the Accounts Payable Vouchers. William Evans seconded. Motion carried.
Proclamation for the Exchange Club
Lisa Creech read the Exchange Club Proclamation in its entirety stating child abuse is a serious and growing problem. The Exchange Club of Ellettsville, through its support of parent aide programs, parenting classes and community service activities, is making significant progress in stopping this crime. The Ellettsville Town Council hereby proclaims the entire month of April shall be observed as Child Abuse Prevention Month and urge all citizens to use this time to better understand, recognize and respond to this grievous problem.
Lisa Creech made a motion to adopt the Exchange Club Proclamation making the entire month of April Child Abuse Prevention Month. William Evans seconded. Motion carried.
Dennis Williamson announced the Exchange Club meets on the second and fourth Tuesday at the Mexican restaurant. The meeting is open to the public and it is “Join the Exchange Club” month.
Animal Shelter Inter local Agreement for
Fiscal Years 2006 and 2007 between Ellettsville and
explained this has been discussed briefly in previous meetings with the
Additional Appropriations. This is an
agreement for Animal Shelter services with
Evans made a motion that we adopt the Animal Shelter Inter local Agreement for
Fiscal Years 2006 and 2007 between Ellettsville and
Ordinances on First
Ordinance 06-08 Annexation of White Oaks (Peters Property 4.07 Acres)
This is being tabled by the request of the owners of the annexation area.
Ordinances on Second
Ordinance 06-07 Zoning Change for
Frank Nierzwicki, Director of Planning Services, requested outline plan
approval for zoning change on
· Providing emergency access to the east
· Filing for Rule 5 permit for erosion control
· In the process of design
· Mailboxes will be relocated
· Utilities on site will be underground
Sims agreed to
· Agreement to sidewalk connectivity as indicated in the Town Ordinance
· Platted easement along the south eastern portion of the property
· Capitol Avenue Apartments have been proposed, discussed and fall within the guidelines of the C-3 zone at a density much less than prescribed
· The site will maintain a minimum of 100 parking spaces
· They have met with neighbors, Town Officials, State Reviewers and Independent Utility providers
· The Sims are content to commit to the conditions as presented to the Plan Commission
· The plan presented has received a significant level of review by a wide range of individuals
· The Sims propose to construct a project consistent with the goals of the ordinance
Dennis Williamson asked if the stone marker will be moved. Bernie is hoping to avoid moving the business sign.
Doug Norton reiterated this is a sensitive issue. There are two points of view; the Sims desire
to develop this property for financial gain and all the good people who want to
improve their property. This property is
unique to the Town with its country like feeling. He described what he thinks initially
happened; there was a piece of property beyond the highway fringe that was
zoned C-3 that should not have been.
Along SR 46 there are businesses of all types. At some point he feels we failed when this
property was zoned C-3 rather than R-1.
He understands that legally “we have brought a knife to a gun
fight”. There is a right and wrong
place for everything. This is the right
place to develop, it is a beautiful area to develop but it is the wrong place
to develop 40 apartment units. Presently
there are only six families living in this area. Several times in the past few weeks he has
waited at the end of
Dan Swafford would like another way in and out instead of just an
access for emergency vehicles. He was
told this was not feasible but a good reason was never given. Is there not enough room? Is it too expensive? The traffic is going to be horrible. He asked
Ronnie Harth has reviewed the minutes and list of items. He feels the Sims can do what they want with their property but he would like it reduced. The traffic is bad and you can get rear ended coming from either direction. The plans are still coming in so why would the Plan Commission approve this? His opinion is the Ellettsville Plan Commission ignored everything the neighbors said and everything went the Sims way.
Barbara Rowse agreed with what Dan and Doug said. Her main concern is the safety with all the
vehicles added to this development. She
showed The Journal front page story of the Sims development; then she pointed
out a picture of a wreck coming out of
Robbie Bex lives in the back (not on
Chris Sims addressed the concerns.
Jessie Smith reiterated what Mr. Sims said about doing everything he can to see the concerns of the neighbors. If this is the case, then why has Mr. Sims lied since the beginning? Why did he get mad and why was he deceitful? Citizens should not be lied to in order for others to gain.
Frank Nierzwicki added for the record, there are eleven stipulations on this development. They have worked with the neighbors and with the developer/petitioner for many months.
Lisa Creech asked Frank to clarify emergency roads. Frank verified there is an emergency access point on the north east side of the property to be stubbed as an emergency connection to the east connecting to the Burrell property. It will be a 12 foot asphalt linkage with break away barriers for future connections (trail or pathway) it is large enough to support emergency vehicles. It will connect to the Burrell property but not as a road. Lisa said the big issue is “connectivity”. She agrees there should be a secondary road for the number of vehicles. Frank does not know how the Burrell property will be developed but will work with that developer to at least make sure it has emergency entrance potential.
Evans asked if the Utilities and Fire Department were taken to the
property. Frank said there was a
Development Review meeting with the Fire and Street Department. Some corrections were done on the radii in
the area to make sure the Fire Department can get in and out. Rick Coppock was involved concerning the
hydrants. William asked if a site study
was completed from SR 46 going to the south east. He went on to say in the Planning Code there
is a site distance that is defined.
Frank said the site distance is when the driveway permit is permitted;
that is handled through INDOT and not the Town of
Sandra Hash added that she was the no vote at the
William Evans asked how the density on a C-3 zoning compared to
this. Frank said on a C-3 zoning there
could be 17 units per acre. The
difference between a C-3 and a PUD is with a PUD there are negotiations with
the developer on the type of improvements, green space, sidewalks and side
Ed Bitner, Plan Commission member stated he was not present when the vote was taken. He was not in favor of this plan as drawn. He was scheduled to be out of town for the meeting, Plan Commission members knew he was going to be out of town, he sent e-mails out voicing his concerns and they voted on this that night anyway. He would have voted against it making it 4-2.
Kenneth Rowse has attended every meeting and nothing has been brought up about security. Mr. Sims says he will screen everyone who goes into the apartment. Mr. Rowse stated Mr. Sims will “screen the money”. With that many people there needs to be security. There can not be children and neighbors in that kind of habitat. He would like Mr. Sims to know this is how he feels about security. “If the shotgun means everything than the shotgun will be it”.
Doug Norton approached the podium again. Anytime there is a business whether it is a
developer or convenience store, there are no guarantees. With the amount of apartments being built in
Chris Sims has talked to the Town Marshal and was assured they have enough staffing to take care of this project. Lisa Creech questioned if the Marshal actually said this because she disagrees. Chris Sims remarked the statistics show Ellettsville has a low crime rate. Lisa feels the citizens are taking care of everything on their own. Chris commented on the government subsidizing statement; it is their intention to avoid that if all possible. He does not think it is legal to try and block government subsidized housing. Their lease is extremely strict when it comes to screening tenants. It is to their best interest to find the best tenants. They want to build a quality project. He will do what he can to keep the building well kept; the tenants live according to the lease agreement and stay within the guidelines. He feels they are within what they are allowed to do. He wants a community feel and not big buildings. This is within the Town limits and they will do whatever they can to make sure it is done properly.
Lisa Creech asked if they have been in discussion with the Burrells or are they in such a preliminary state. Bernie said Chris spoke with Flavia Burrell in August and they were discussing what the uses were for the properties. He has not heard from Flavia or Tim at all. Flavia asked Bernie what Chris was doing with his property and that was the last he heard from her on this project. Sandra told Lisa she spoke with Flavia and she was not sure if a connecting road would be feasible for her development. There is a considerable sink hole somewhere in that area. Flavia did not discuss it a lot but she was aware of the walking path but was not sure she wants to connect at all being a little concerned with the traffic herself. Sandra asked if the path in front of the back houses would support a road in the future. Bernie is not sure because anything can happen. His understanding is one of the ideas is open green space and park like area. He looked at the number of cars leaving at the peak hours and concurred with Frank 100% on those numbers.
Lisa Creech announced she feels for both sides. She feels for the neighborhood not wanting a transient type resident area next to their house. But if something fits the zoning and it complies, then it needs to be there. She likes hearing there will be a neighborhood association. She agrees you can not prevent government subsidized housing. Mr. Sims could be asking for worse; this falls within the parameters of the law so this will probably be there and we will have to make it work. Communications needs to be opened between the neighbors and the developer to help in this situation. If you do not like what is going on around you then you will have to put your house up for sale or learn to live with the situation. One of her concerns is the security. We do have a good Police Force and great Reserve Force and they do the best job they can.
William Evans agrees with what Lisa said about this being well within the confines of the Town Code. Doug gives us a good reason to keep this a PUD rather than C-3. The Town has a lot more control with a PUD. It is extremely hard for everyone involved to work together on something like this because you will never come to exactly what you all want. The best case scenario is Mr. Sims deserves to develop his property. He does not think the market survey will ever support that many apartments and that is another reason to keep it a PUD so the Town has some control over what does goes on later on. William also mentioned the Town will be receiving five new Reserve Officers increasing the number from 15 to 20.
Phillip Rogers made a motion to accept Ordinance 06-07 Zoning Change for Capitol Avenue Apartments from C-3 to a PUD. William Evans seconded. Motioned carried.
Ed Bitner handed the Council a rolled up newspaper and water
faucet handle. He first spoke of a new
development going in years ago that he opposed due to flooding, what his opinion
was and what was done about it. Then he
empathized with the
Lisa Creech made a motion to accept the quote from Maxwell’s for $11,840.00 for the Utility and Town Hall. Phillip Rogers seconded. Motion carried.
Patrick appreciated Mike’s courtesy. Mike said the furniture should arrive in 3-4 weeks and everyone is invited to come see it.
Sandra Hash announced the League of Municipal Clerks and Treasurers annual conference is April 23-27. Normally it falls on a week when there is not a Council meeting but with Easter weekend, the conference was moved. Her assistant, Marion Swindle, will be sitting in for her at the next Council meeting April 24 and will be covering the office.
Dennis Williamson thanked Jim Ragle and the Street Department for removing
the downed trees from the storms. He was
curious about the number of meetings that have been held in the Fire Department
conference room since it was completed
Lisa Creech apologized for missing the last three meetings. She has been looking for employment in
William Evans announced
Privilege of the Floor – non Agenda Items
Amy Phillips of the Richland-Bean Blossom Youth Sports League asked
for permission to close Park Street for the Youth Sports kick off April 28 and
29; Friday evening and most of
Saturday. Patrick clarified we have done
this before. William confirmed with the
officers in attendance that it was all right with the
Lisa Creech made a motion that late in the evening Friday, April 28 through the early afternoon hours of Saturday, April 29 we allow RBBYS to barricade the roads adjacent to the ballparks for their Baseball Appreciation Days. William Evans seconded. Motion carried.
Patrick Stoffers adjourned the meeting at