August 23, 1999

 

 

 

The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, August 23, 1999.Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, Patrick Stoffers and Donald Ashley. Mr. Cornman called the meeting to order.

 

SUPERVISORS MEETING AT 6:30

 

COMMENTS:

 

None

 

RESIGNATION OF PRESIDENCY-MIKE CORNMAN

 

Mike Cornman said due to some personal reasons he is going to step aside as President of the Town Council effective tonight.So he will pass this (gavel) over to Geraldine to run the meeting.

 

MINTUES AND CLAIMS:

 

Geraldine said do I hear a motion for the minutes and claims.Donald Ashley so moved.

 

Rick Coppock said one thing he might add is there is an additional claim in there for Bynum Fanyo Utilities.They received the first reimbursement check for the 46 project, which was one hundred twenty four thousand dollars.In their contract with the state reimbursement for management of the project included in that amount so we submitted a claim after we were reimbursed by the state, so it is reimbursable through them and that is what shows up on this claim.It has already been reimbursed to the town.

 

Patrick Stoffers seconded.Motion passed 4-0.

 

OLD BUSINESS:

 

ORDINANCE 99-12 ORDINANCE TO AMEND SECTION 715-55 OF THE

†††††††††††††††††††††††††††††††††† ELLETTSVILLE TOWN CODE CONCERNING RATES

†††††††††††††††††††††††††††††††††† AND CHARGES: SECOND READING

 

Mike Cornman read Ordinance 99-12.Geraldine McIntyre said do I here a motion that we accept this Ordinance.Patrick Stoffers so moved.Donald Ashley seconded.Motion passed 4-0.

 

ORDINANCE 99-13 ORDINANCE TO AMEND SECTION 725-15 OF THE

†††††††††††††††††††††††††††††††††† ELLETTSVILLE TOWN CODE CONCERNING RATES

††††††††††††††††††††††††††† †††††††AND CHARGES:

 

Mike Cornman read Ordinance 99-13.Geraldine McIntyre said so I hear a motion.Mike Cornman so moved.Patrick Stoffers seconded.Motion passed 4-0.

 

ORDINANCE 99-16 ORDINANCE CONCERNING THE ANNEXATION OF

†††††††††††††††††††††††††† †††††††††ADJACENT AND CONTIGUOUS TERRITORY OF

††††††††††††††††††††††††††††††††††† THE ELLETTSVILLE TOWN CODE:

 

Rick Coppock with Bynum Fanyo and Associates spoke on this.Rick taped up a map for the Council and those attending the meeting to see.Rick said in this 30 acres that abuts the town limits though the Forest View subdivision on the west.The entire 30 acres extends from there out to Union Valley road.At this time in order to get the amount of land that is contiguous to it.It would be in 2 phaseís annexation, the first phase.This is the property that isnít owned by Mr. Ponton at this time and date.Right now they are just dealing with this phase in here, it is 22 Ĺ acres.Pointing to the map he showed the future annexation which would extend out to Union Valley Road.The petitioner is requesting R-1 zoning, which are the lot sizes of ninety six hundred square feet.They show future connection to Lakeview Drive and another future connection to the south and future connection to the north, those are to provide access to those properties in the future.There is nothing in concrete at this time the site will have to be surveyed and topographic survey done and they will have to have a boundary survey done to establish all property lines.The County highway driveway access permit will be required.He sent some information out to Bill Williams the County Engineer and he is reviewing that.At this time what they are asking for is approval for this phase one of the annexation with R-1 zoning. Fred Ponton is the owner.The developer is Jim McDonald; the last development that he knows he did was down at the Point on Lake Monroe.

 

Mike Cornman said this tonight is just phase one.Rick said yes.

 

Mike Cornman said currently you are asking for voluntary annexation for land.He doesnít have any access to any roads right now?Rick said correct, once this one is done then they will annex the rest of the property.Mike asked if he owns that to?Rick said yes, this is the whole tract.

There was more discussion on this.

 

Geraldine McIntyre said this was brought up at the last planning and zoning meeting and there were several residents out on Union Valley Road who came to speak.It was decided among them that if it wasnít annexed into the town of Ellettsville then it would be Monroe County Planning and Zoning.They seemed to want it to come to the town of Ellettsville so that is why it is on the agenda tonight.All it is, is making it an annexation as an R-1.

 

Mike Cornman made the motion that we submit Ordinance 99-16 an Ordinance concerning annexation of adjacent contiguous territory to the Ellettsville Town Code for first reading.Patrick Stoffers seconded.

 

Bob Tamborrino said he was one of the Union Valley Road folks.He was voted as the Meadow Woods Mayor to come and talk to this tonight.Rick Coppock was kind enough to explain many times at the last meeting to all of us what this really means.Although that meeting and this meeting is just to talk about annexation of this rectangle, we are all very concerned about this and he is here to just make sure it is on the record as early at possible that if this goes through and this is annexed once it is all annexed and building begins regardless of the look of the neighborhood and the size of the lots.This will be the only road serving possibly all these home with hundreds of more cars going in and out of here and Union Valley already being and dangerous road with poor sight----- in either direction coming out of here.The last meeting was on a Thursday night and we all stood at the fence line (pointing to the map) last week and watched a horrible accident.A car coming up this hill (pointing to the map) and went head on with a car trying to turn into this driveway.That is going to happen 4 and 5 times a day if we have five to seven hundred more cars going into this neighborhood with only one entrance.That is the concern because these future roads that Mr. Coppock discussed arenít accessible right now for all kinds of reasons.This one entrance is gong to serve 90 homes and the folks that live all over here (pointing to the map) travel Union Valley Road everyday and we know how dangerous it is.

 

Mike Cornman asked Rick, when is Union Valley Road scheduled for upgrade according to the County plan?Rick said he thinks it is 5 to 8 years, it just depends on funding.

 

Mike Cornman said he talked to Bill Williams before the meeting and he just told him somebody would ever apply for a drive way permit they have to meet certain standards for the site distance.

 

Rick said when you get into design that is something you have to do.You have to survey probably about 500 feet from each edge of the property is generally what the state requires.You have to look and see if you have enough site distance.If there isnít enough site distance the developer would have to make some kind of improvement to the road to meet the criteria for site distance.He may have to take part of the hill off there, it is standard practice.

 

Chester Martin pointed to the map where he lives.He said he lives at 5323 North Union Valley Road.The accident was last Friday and they took 3 people to the hospital.He canít get out of his driveway without hardly getting ran over.If you have 90 houses in here and there is probably 2 cars per each dwelling, it is a lot of cars coming out of there.The road is not made for that kind of traffic.If the city annexes this will the city make Ponton mow the weeds and clean up the toxic waste?There are all kinds of truck tires.He told him he was going to clean them up as soon as he sold it; they are still there.They (tires) have been there for years and itís a mesquito breeding place.There is a huge pile of manure.He is not in favor of annexing, he doesnít want to be that close to the city.The city hasnít got a thing to offer him.It is going to be a lot more dangerous for him.There are too many houses for that much property, 3 houses to the acre is too close, two is enough.

 

Mike Cornman asked if he or any of the other neighbors called the Health Department or the Solid Waste District about the trash.

 

Mr. Martin said no he has threatened to do that but he never did.Geraldine said I think you should call Monroe County Solid Waste District down on South Walnut.

 

Mr. Martin said he told me he was going to have it cleaned up but he has never done it.He doesnít mow the weeds and they are higher than your head.If the city annexes it does the city have the right to make them clean it up?There is old refrigerators, washing machines, and all kinds of stuff back there.

 

Geraldine said Diana Davis with Monroe County Solid Waste is the one you need to call and talk to her.Call 349-2020, that is the office and they will put you in contact with her because if there is old refrigerators and toxics they need to be taken care of

 

Mr. Martin said there are old tires and truck tires a bunch of truck tires, itís a mesquito breeding place.He jumped him when he first sold the place and he said that is the first thing Iím going to move out.

 

Rick Coppock said he can tell the prospective buyer that he needs be aware there is all those problems out there with the tires Iím sure he didnít want to inherit that problem.

 

Mike Cornman said especially if these people call the Solid Waste or Health Department and they go out there and check and find contaminated soil is a lot worse than -----------.

 

Geraldine said all in favor say aye.Motion passed 3-1, Patrick Stoffers voted no.

 

SUPERVISORS:

 

UTILITY DEPARTMENT-MIKE FARMER:

 

Mike Farmer said he will give a report on the 46 project.They have about 6,000 feet of pipe in the ground now.They are probably about 40% complete.They will start changing individual services out in a couple days and each person will be notified before we change them over to the new water line.We have been served notice that we will have a meeting Friday at 9:00 with Rogers Group and we are going to lay out how we are going about the construction.Everything is going really well as far as putting the water lines in the ground.

 

POLICE DEPARTMENT-RON MCGLOCKLIN:

 

Ron McGlocklin asked Mike Spencer, they have another surplus vehicle we need to put up for sealed bid.Can they go ahead and do that like they did the last.Mike Spencer said he believes so.

 

COMMENTS:

 

ED BITNER:

 

Ed Bitner said he lives on Main Street.He told Mike Cornman that he is sorry to see him step down he thinks he is doing an excellent job.He said he is curious, he heard there was some kind of information meeting about the Mayor thing and becoming a city last week.Did that really happen?

 

Mike Cornman said a group of people who were interested in keeping the town a town met.It was a private group.

 

Ed said several months ago when he came to a meeting and when this first all started out he brought up the fact then that it was kind of deceiving when a guy says we are not going to raise the tax base and things were brought up that ------ deceiving the public that you really will raise taxes.It was brought up he thinks Mr. Stoffers brought up that we are limited on how much we can raise taxes if we raise them anyway.Then he gets an article in the paper, which says you are trying to go for additional tax levy to pay for this if we do become a mayoral ship.That is understandable.The part that he has a question about is the last paragraph say if we donít become a mayoral city, remain a town that we might be able to lower the taxes or backup and just put the money in the general fund.

 

Mike Cornman said I think there has been a discussion between State Board of Tax Commissioner and the Clerk-Treasurer about the process it takes if you become a city or if you donít become a city, which budget you use.

 

Diana said when she met with Bob Pearly, State Board of Tax Commissioners; we are filing for an excess levy.There are different reasons for which you can file.We are looking them over right now and she thinks it is just going to be for the PERF for the police and fire.He said they donít really care if we are a city of a town they are not going to give us any additional money for that reason.When she files the levy appeal that we do not want it to be reviewed until a little later, then after the election in November, if we do not become a city then when they review it we can just tell them, this is under her understanding, we do not need it.

 

Ed asked Diana if she is going to do that.Diana said yes that is what he encouraged her to do.

 

Mike Cornman said the Town of Ellettsville hasnít had a tax increase since 1993.We have not imposed any other than what the state has allowed us on the additional 5% growth every year.The state sets that we donít.We get a 5% increase on the levy every year.

There was more discussion.

 

COMMENT GERALDINE MCINTYRE:

 

Geraldine said Mike I am sorry that you are stepping down as President and she will talk to you later about that.

 

REDISTRICT WARDS:

 

Sandy Hash asked on this annexation you said it would be in Ward 4, Ward 4 is getting really large to put McNeely Street in there and everything to the east is going into Ward 4 so if you do annex this do you have a future plan to redistrict the ward because some are itty bitty and some are really huge?

 

Mike Cornman said that is mandated by our Town Code and by State law that we redistrict in 2002.

 

CHANGE OF MEETING BECAUSE OF IACT CONFERENCE:

 

Geraldine said the September 13th meeting is changed to Tuesday September 7th.The Clerk will be attending the IACT Conference in South Bend.

 

ADJOURNMENT:

 

Mike Cornman made the motion we adjourn.Patrick Stoffers seconded.Motion passed 4-0.