August 23, 2004

 

 

 

 

 

 

 

The Ellettsville, Indiana, Town Council met on Monday, August 23rd, 2004 at the Town Hall at 7:00 PM for the Final Adoption of the 2005 Budget.  Patrick Stoffers called the meeting to order and requested Sandra Hash give brief summary of the Budget. 

 

Sandra Hash stated the Budget for General is $ 1,613,657.00 which includes the Administration, Fire, Police and Building Departments.  Local Roads and Streets Budget is $ 56,921.00.  Motor Vehicle Highway Budget is $ 386,679.00.  Cumulative Building and Equipment Budget is $ 24,000.  Park and Recreation Budget is $ 19,421.00.  Cumulative Capital Improvement Budget is $ 40,000.  Cumulative Capital Development Budget is $ 42,000.  Law Enforcement Budget is $ 6,000.  Debt Service (Fire Station) Budget is $ 165,000.  Debt Service (Police Station) Budget is $ 157,000.  Total Budget for 2005 is $ 2,510,678. 

 

Patrick Stoffers asked for a motion.  William Evans made a motion to agree to pass (adopt) the 2005 Budget.  Phillip Rogers seconded.  Motion carried.

 

William Evans made a motion to adjourn until 7:30 PM.  Phillip Rogers seconded.  Motion carried. 

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The Ellettsville, Indiana, Town Council met in regular session on Monday, August 23rd, 2004 at the Town Hall.  Patrick Stoffers called the meeting to order at 7:30 PM.  Sandra Hash led in prayer and William Evans led in the Pledge of Allegiance. 

 

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

 

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

 

Approval of the regular meeting minutes for July 26, 2004

 

William Evans made a motion to approve the minutes of the regular meeting of July 26th, 2004.  Phillip Rogers seconded.  Motion carried.

 

Action to pay Accounts Payable Vouchers

 

William Evans made a motion to pay the accounts payable vouchers.  Phillip Rogers seconded.  Motion carried.

 

Plan Commission appointment to replace David Drake

 

Patrick Stoffers explained when David Drake had to resign from the Town Council it also created a vacancy on the Plan Commission.  William Evans is willing to serve on the Board.  Phillip Rogers made a motion to appoint William Evans to the Plan Commission.  Dennis Williamson seconded.  Motion carried.

 

Appointed William Evans to Plan Commission

 

Resolutions

 

Resolution 21-04 Transfer of Funds

 

William Evans read the resolution in its entirety.

 

From:  G-122 Group Health Insurance              $ 68700

To:  G-341 Fleet Insurance                                           $ 687.00

 

From:  G-122 Group Health Insurance              $ 919.00

To:  F-341 Fleet Insurance                                           $ 919.00

 

From:  G-122 Group Health Insurance              $ 2,306.00

To:  P-341 Fleet Insurance                                           $ 2,306.00

 

From:  G-343 Property & Liability                                $ 1,055.00

To:  P-341 Fleet Insurance                                           $ 1,055.00

 

From:  MVH-122 Group Health Insurance                    $ 58.00

To:  MVH-341 Fleet Insurance                         $ 58.00

 

From:  MVH-342 Property & Liability              $ 100.40

To:  MVH-341 Fleet Insurance                         $ 100.40

 

From:  MVH-351 Trash Removal                                 $ 100.00

To:  MVH-391 Miscellaneous                          $ 100.00

 

William Evans made a motion to approve Resolution 21-04.  Phillip Rogers seconded.  Motion carried.

 

Ordinance on First Reading

 

Ordinance 04-13 amending chapter 93 of the Ellettsville Town Code concerning Health Officer

 

Sandra Hash introduced Ordinance 04-13 by giving the hi-lights of the ordinance.  This ordinance changes the Health Officer authority from that of a Town Council Member to the Planning and Zoning Administrator.  It adds a time frame to correct weed problems, gives the Health Officer the authority to recruit community volunteers to help with the Health Ordinance, requires the Deputy Health Officer inform the Health Officer of situations prior to action, designates a “quiet time” from 11 p. m. to 6 a. m. to keep down noise issues, requires all garbage be stored in proper containers and gives a time frame on removal, outlines procedures for the Street Department, appoints the Deputy Clerk from the Clerk-Treasurer’s Office as the assistant to the Health Officer and certified letters not picked up by the addressee can be served by a designated law enforcement officer and clarifies the fines.    

 

Ordinances on Second Reading

 

Ordinance 04-11 amending chapter 36 of the Ellettsville Town Code by adding section 36.40 concerning take home vehicles.

 

William Evans read in its entirety. 

 

Sandra Hash explained when the Council determined to allow the Planning and Zoning Administrator to have a take home vehicle in order to comply with IRS rules and give him the ability to use commuting fee we had to have an ordinance in place forbidding personal use of the vehicle. 

 

William Evans made a motion to adopt Ordinance 04-11 the ordinance to amend chapter 36 of the Ellettsville Town Code by adding section 36.40 concerning take home vehicles.  Phillip Rogers seconded.  Motion carried.

 

Ordinance 04-12 amending chapter 93 of the Ellettsville Town Code concerning abandoned vehicles.

 

William Evans read in its entirety.

 

Sandra Hash stated this Ordinance corrects the paragraph in our Town Code from “unincorporated” to “incorporated” areas.  It also removes the thirty day waiting period and changed to reflect the State’s standard of seventy-two hours notification period.

 

William Evans made a motion to pass Ordinance 04-12 an ordinance to amend chapter 93 of the Ellettsville Town Code concerning abandoned vehicles.  Phillip Rogers seconded.  Motion carried.

 

Old Business

 

Offer to purchase 709 Main Street – Lockvale, LLC

 

Dana Kerr, Attorney said the Council had agreed earlier to enter into negotiations with him for the purchase of the “Shook” house.  He explained his proposed changes to the home and his plans to convert it into office space.  He wants to restore it to the 1870  time period as much as possible. 

 

Mike Spencer pointed out that Mr. Kerr according to the offer, is technically not purchasing the home.  Lockvale, LLC which is Julie Koeppen and Tim Porter are the purchasers and Mr. Kerr is designated as the Manager of Lockvale, LLC.   He asked who Lockvale is and what their function is.

 

Dana Kerr explained Julie Koeppen and Tim Porter are long time friends of his and Lockvale, LLC owns several residential properties.  They are willing to work with Dana to restore the home which will be costly and in turn receive tax credits from the government which they could use and he could not.   

 

Mike Spencer said he has reviewed the contract for purchasing the home and has already sent Mr. Kerr his comments and suggestions for changes to the contract.  Mr. Kerr has amended the original contract except a portion of paragraph eight (8). 

 

Mike Spencer pointed out the “specific performance” wordage says if he (Dana Kerr) breaches the contract, you can’t force him to buy the property, but you still own the property and can sell it to someone else.  He feels there should be language included to recoup the attorney fees.

 

Dana Kerr doesn’t want the Town to be able to force the sale.  He would be fine with adding the reciprocal attorney fees into the contract.

 

The contract was discussed further and changes to paragraph 8 were agreed upon by Mike Spencer and Dana Kerr.  

 

Patrick Stoffers asked for a motion to approve the contract for the purchase of 709 Main Street with paragraph 8 amended to read “If either party refuses to perform as required the other may pursue all available legal remedies and the prevailing party shall be entitled to recover all costs incurred to collect damages as a result of the breach, including without limitation, attorney’s fees and court costs.”  Phillip Rogers so moved.  Dennis Williamson seconded.  Motion carried.

 

New Business

 

Change orders for the New Police Station

 

Change order estimate # 3

 

Sandra Hash explained Sanders had submitted the change orders to her and they as well as Ron McGlocklin have already reviewed and approved them.  William Evans read change order estimate #3 in its entirety.  Change order # 3 reflects an additional $27,663.60 and a deduction of $7,493.25 for a grand total difference is $20,170.35. 

 

William Evans made a motion to okay (approve) change order estimate # 3.  Phillip Rogers seconded.  Motion carried.

 

Change order estimate # 4

 

William Evans read change order estimate # 4 in its entirety.  Change order # 4 reflects an additional grand total of $21,056.45. 

 

William Evans made a motion to approve change order estimate # 4 for the Police Station.  Phillip Rogers seconded.  Motion carried.

 

Change order estimate # 5

 

William Evans read change order estimate # 5 in its entirety.  Change order # 5 reflects an additional grand total of $1,460.71 

 

William Evans made a motion to approve change estimate # 5 for the Police Station.  Phillip Rogers seconded.  Motion carried.

 

Final Plat Approval for Ratliff Road Subdivision

 

Rick Coppock explained this is a two lot subdivision to create a 5 acre parcel along Ratliff Road.  It is a part of a 40 acre track owned by Kenton and Darlene Robinson.  The west line is adjacent to the homes on Trooper Lane.  A church is proposed for the 5 acre parcel.  The Plan Commission approved it at their last meeting.  It will have sanitary sewer and water service from the Town of Ellettsville. 

 

Jeff York reiterated the Plan Commission approved the final plat and it meets the Town’s requirements. 

 

William Evans made a motion to approve the Final Plat of the Ratliff Road Subdivision.  Phillip Rogers seconded.  Motion carried.

 

Voluntary Annexation for property at 7405 W. State Rd. 46; 35 acres + / - owned by Brian Hearne

 

Jeff York stated there was insufficient notice for the Plan Commission Meeting on August 5th and it was tabled.  The Plan Commission intends to hear this on September 2nd and he suggested the Council table this item until the September 13th meeting.    

 

William Evans made a motion to table the voluntary annexation for property at 7405 W. State Rd. 46; 35 acres + / - owned by Brian Hearne.  Phillip Rogers seconded.  Motion carried.

 

Request for official letter regarding driveway from Bob Sowder

 

Bob Sowder read the letter he had composed to the Council concerning the piece of property which is either an alley or a private drive for the audience’s benefit.  There has been discrepancy as to which it actually is.  He requested an official letter from the Town stating that this property is a private drive and not an alley.

 

Patrick Stoffers read a letter from Rick Coppock at Bynum Fanyo & Associates dated August 19th, 2004.  It reads: 

 

Dear Pat,

 

     Attached is a copy of the Original Town Plat which shows an alley in the location as noted above (Alley – north side of Temperance Street between 1st Street and 2nd Street).  Also attached is the deed for the Sowders property which refers to a 12 foot alley.  Unless additional information is provided which shows the alley has been vacated or the original plat was drafted incorrectly, this appears to be an alley.  Please note that the Town has a sanitary sewer that runs through this area.

 

Jeff York said since Rick Coppock researched this and has shown this as a public alley.  He suggested the Sowders could formally petition the Plan Commission to have the alley vacated to remove it from public access.

 

Rick Coppock reconfirmed his letter stating this appears to be an alley.  He said if the Town granted the alley to be vacated they would have to retain an easement for the sewer line that runs through the area which should be 12‘wide. 

 

Mike Spencer referred to his letter he wrote to the Council in March 1989 about the alley.  He said at that time he could not make a decision based on the limited information as to whether the alley existed.  He added the original plat was not signed.  He said at that time the Council did not request any further investigation of the alley topic.  He agreed with Rick about retaining an easement.  He suggested vacating the alley and said since the Sowders own on both sides of the alley it would not be a problem.

 

Bob Sowder said he was fine with allowing the Town retaining an easement. 

 

Patrick Stoffers recommended Bob Sowder checking with Jeff York about the proper procedures to vacate the alley.

 

Sandra Hash questioned what if the public thought that alley was still used for public access and used the road.

 

Jeff York said the Sowders would have the rights to block the alley if it is vacated with the understanding the easement for the sewer line with proper notice from the office to the Sowders would allow the Utilities to work on the line as needed.

 

Privilege of the Floor

 

Bob Sowder said they were told they were zoned I-1 (light industrial) several times, the same as Robinson Block when they checked on different occasions as their business grew.  He gave the history of the storage trailers.  He stated in the twenty-six years he and his wife have owned the property three or four times they have been asked to remove the storage trailers and they in turn inquired if they were in violation of an ordinance or code and they told us no.  Their business and trailers are full and they are in fact renting storage space in Town to keep the inventory customers have requested which has added to the taxes collected on their property for the Town. They prefer to keep the trailers there to keep the merchandise readily available for customers.  If they are required to move them then they would like an extension of six months to move the merchandise and trailers.  They have consulted with an attorney and they are requesting an extension of time on filing a variance.  Their attorney requested the decision or agreement on a time frame to remove the trailers made in writing.   

 

Jeff York informed them their property is zoned C-2.  He has researched the minutes and has spoken with Mike Spencer.  The Sowders have been asked several times to remove the trailers.  He did not find whether or not the Sowders were officially informed the trailers were in violation of Code.  After researching the Code, in a zone of C-2 it is a violation and that issue as a violation has been in place since 1966.  He sent a copy of the old zoning map to the Sowders a month ago.  He understands their need for an extension.  He has given them until the end of this month to either file a variance or remove the trailers.  Mr. Sowder told him he would like four to six months to remove the trailers.  Jeff said he would be fine with that but the decision is up to the Town Council.  He had also offered another suggestion to the Sowders in the letter he sent them, which suggested leasing the Robinson Block property (behind Sowders property) which would allow the trailers in that zoning.

 

William Evans suggested giving them an additional 60 days without fines to remove the trailers. 

 

Bob Sowder doesn’t think he can get all of the merchandise and trailers moved in sixty days.  He has checked on leasing space from different areas surrounding him with no luck.

 

Patrick Stoffers recommended Mr. Sowder file for a variance which suspends the enforcement of the zoning until the variance is heard by the BZA.

 

Supervisor’s Comments

 

Rick Coppock stated a pre-construction meeting with INDOT for the light project on State Road 46 is set for first week in September in Seymour.

 

Mike Spencer said the Hearing on the Annexation Remonstrance for the Richland Plaza / Briargate Area is scheduled for Thursday, August 26 at 1:00 p.m. in the Justice Building.

 

Sandra Hash said Jeana Kapczynski had requested the proceeds from the sale of the “Shook” house be earmarked for improvements to Sale Street.

 

Dennis Williamson recognized Boy Scout, Levi Duncan with Troop # 148.

 

Levi Duncan said he was here to finish his Communication Merit Badge. 

 

Williams Evans stated the Reserves had volunteered 210 hours of road duty and 57 hours for training for all of the Reserves and 4 chaplain hours by Mike Hendricks for a total of 271 hours for the month of July.

 

He recognized and commended the Edgewood Blaze Girls Fast Pitch Softball Team who placed 7th in World Series.  Their trophies are on display here tonight.

 

Patrick Stoffers said he filed a conflict of interest statement since he changed employment and now works for the City of Bloomington Utilities and Ellettsville is a wholesale purchaser of water from them. 

 

Adjournment

 

Patrick Stoffers asked for a motion to adjourn.  William Evans made a motion to adjourn.  Phillip Rogers seconded.  Motion carried.  Meeting adjourned at 8:39 p. m.