Ellettsville, Indiana Plan
Commission met in
regular session on Thursday, December 1, 2005, in the Fire Department Training and Conference Room
located at 5080
West State Road
46.Frank Buczolich called the meeting to order at leading the Pledge of Allegiance.
Roll Call: Frank Buczolich, President; Ed Bitner, Vice President; William Evans,
Terry Baker, Don Calvert were present.Frank Nierzwicki, Director of Planning Services, was also present.Lisa Creech and Sandra Hash were absent.
Approval of the Minutes
Evans made a motion to approve minutes from the meeting of November 3, 2005. Terry Baker seconded.Motion carried.
Nierzwicki, Director of Planning Services,
clarified the Town Council is committed to following the covenants and PUDs at EdgewoodVillage.They are not
going to amend or change any of the covenants.They are going to enforce what is in place.He met with Mr. Dunn and Jewel Echelbarger at
Area 10 on Aging. Items that were agreed
vThe duplexes on the north side of Mustang Drive will be managed by Area 10 Agency on Aging.All units will have at least one person age
50 or above.
vA contract will be signed by Mr. Dunn and Area 10
before the Town Council meeting on December 27, 2005.
vThe duplex area must be cleaned up by Mr. Dunn.The driveways and lawns need to be
vClean up of debris around his property.
vA cover for protection of erosion needs to be in
vA prepaid seeding bill must be presented to the
Ellettsville Planning Department by December 27, 2005.
vThe Town will issue occupancy permits when all the
above items are complete.
Voils did not attend this meeting but some of the items concerning his property
vThey will contact Mr. Voils (by registered mail) to
have the trailer on the northeast corner of the property removed by December 27,
vThe debris on Mustang Drive (east of the duplex to the cul-de-sac owned by Mr.
Dunn) must be cleaned up by December 27, 2005.
vA six foot barrier fence needs to be erected from the
northwest corner of the Ridge’s property, between the property of Reeves Road and Mustang Drive to the west end. This must be completed by December 27,
Echelbarger and the Town have made a commitment to make sure the age
requirement will be fulfilled and enforced.
Town will not issue any additional building permits until the items listed
above are taken care of.The Town will
also enforce, to the letter of the law, all fines relating to all infractions,
debris, high grass and the trailer.Don Calvert asked about contractors posting a bond like they do
in Bloomington.Frank said a
bond is something we are looking at.Mr.
Dunn put up a $29,500 bond for the whole area.Mr. Dunn will receive a copy of the registered letter sent to Mr. Voils (since
his money is also part of the bond).Don Calvert clarified he was not asking about a bond for this
particular situation but any future builders.Frank said this is something we can look at.The bond will be set higher than $29,500
because this amount is from eleven years ago.Ed Bitner asked where the Dunn property starts and the Voils end.Frank said Mr. Dunn owns the multi family duplexes
on the end of north side.There have
been numerous, unsuccessful phone calls to Mr. Voils.William Evans asked Frank to comment on the dead trees.Frank said if the tree is a public health issue,
hanging over the side walk or street, then the Town can trim it or cut it
down.If the tree is on private property
the owner of the tree bears the responsibility if it falls and causes
damage.Frank has taken a picture of the
tree in question and will talk about it with the people involved. There is not a sidewalk and the tree does not
hang over the street.He will also ask Jim Ragle to look at the tree.Several residents complained about not having a sidewalk in front of
their houses and 4 or 5 dead trees in the area.Frank Nierzwicki stated the bond is to make sure the improvements are
completed; the promise of street trees, sidewalks and fencing.
Ridge, owner of 7200
main concern is Mr. Voils.If Mr. Voils
does not attend any meetings or answer phone calls, the Town should revoke
anything he wants to do in this Town again.He wants a fence or some of the trees behind his house to stay.William Evans believes a fence will be put up with the information
Frank is sending to Mr. Voils.
Ryle, owner 7350
asked Frank if the fence will physically be on the property line or on the
Voils’ side of the utility easement on the south border of the property line.Frank said the fence has to be set back and constructed
so the easement is open.Mr. Ryle’s understanding is the utility service physically runs
in the trench on the property line.He
mentioned the easement is 10 feet putting the fence 10 feet north of the south
edge of the property.He questioned what
will the western most terminus of the continuous fence going towards Mustang Drive be due to the serious foot traffic problem from the
schools and the children cutting through their yards. He would like to see a contiguous fence in
place. Frank will look into this.If the
fence goes all the way to the corner, at the west end, he will have to work
with each land owner because those properties have been sold.Mr. Ryle feels where ever the fence ends will
be where a path is created.Frank does
not remember how far east the fence goes from the corner but there is already a
fence line in place.Mr. Ryle stated if
the fence is going on the north side of the property line, north of the utility
easement on the south edge of the Voils property, it will be 20 feet north of
the existing fence when you hit the west end.There needs to be some provisions for foot traffic from the school to
get back into Town rather than coming out to Reeves Road because Reeves Road does not have the capacity for foot traffic.The Town has also eliminated half the road
access to the property.Instead of a
dead end on Mustang
was another road to Reeves.Something
needs to be done because there is already a bottleneck.There will be 90 units when this development
is complete with about 300 people.
Putter’s Park Annexation – Claire Kerr,
Frank Nierzwicki spoke for Claire Kerr on behalf of the Kerr
Corporation concerning annexing 2.815 acres into the Town of Ellettsville.They are the
sole owners of this property.The area
is contiguous to the corporate boundaries.This property is located along the south east corner of State Road 46
Drive.The petitioners have been in contact with Rick Coppock and there would not be any cost to the Town providing
water and sewer service to the property.The assessed valuation of this property is $493,800 according the Monroe
County Auditor.The anticipated
Ellettsville property tax revenue would be $11,150.50.There would not be any street or road
improvements needed in this area.They
will be requesting C-3 zoning.Ed Bitner
questioned whether or not their sewer service would change from Eastern Richland to Ellettsville Utilities.Frank said
the fees to hook on are different with the three sewer systems for new
homes.Since this area is already hooked
on, they will not see any changes in their sewer bill.Their water rate will be less as Town users.Someone commented on the liquor license
request.Frank said he read the letter
in the newspaper also but is only looking at the annexation issue on this
property.Ed Bitner brought the
newspaper and read they can either have a smoking permit (if they annex into
Ellettsville) or alcohol permit (if they stay in the County).
Kerr said they purchased the property and would like to be annexed into
Ellettsville.She was born and raised
here.She and her son own A-Z
Mortgage.She has already put $50,000
into the Putter’s Park building.She
wants to make a nice restaurant for Ellettsville.She will comply with any rules that she needs
to comply with.She assured the Town she
will not open the restaurant until it is real quality.Ed Bitner asked if everything on the
Annexation Schedule has been followed.Frank said this is information only tonight and will not be going to
Council on December 12, 2005.
does not have a detailed Fiscal Plan at this point.They have not fulfilled all the requirements
on the Annexation Schedule.
Frank Buczolich clarified we will wait for another meeting for any
type of action from this board.
Drive Annexation – Mr. and Mrs. Peters,
Frank Nierzwicki received a request from Mr. and Mrs. Peters to annex
4.07 acres into the Town of Ellettsville.They are the sole owners of
this property located just north of McNeely.This property is contiguous to the Town and meets the requirements.The property is served by Northern Richland
Sewer Corporation and water is provided by the Town of Ellettsville.After
conferring with Rick
Coppock, the Town would
not experience any cost in providing service to this area.Any future cost for water, sewer or street
lights would be the responsibility of the land owner.The assessed valuation of this vacant land is
$5,700.The anticipated property tax
revenue for this property will be $125.75.The zoning would be residential (R-1) on this property.Ed Bitner asked when the property would be
developed.Mark Peters, property owner,
said it would depend on their engineering.Right now they are working on the annexation and changing the
zoning.Ed asked how many units they are
thinking of developing on the four acres.Mark said they would be half acre lots.Ed questioned the property Mark has on Main Street that was annexed into the Town years ago.Ed feels Mark has not kept up with the Town’s
Codes and Ordinances on this property.There have been multiple complaints on high grass.Ed asked Mark if he would maintain this
current property even if he is not going to develop on it right a way.Mark said this property is rural and has been
mowed a few times a year.Ed’s concern
is the Town ordinance does not allow for grass to be over nine inches.Mark says this property has calves on it and
there should not be a problem.Frank Nierzwicki
stated if the property is annexed, he will monitor it like all the other Town
property.Ed also asked if everything on
the Annexation Schedule has been completed.Mark said yes.
William Evans recommended the Peter’s property along White Oak Drive be annexed into the Town of Ellettsville as R-1 zoning.Terry Baker seconded.Frank Buczolich asked for a roll call vote.Frank Buczolich – yes, William Evans –
yes, Terry Baker – yes, Don Calvert –
yes, Ed Bittner – abstained.The motion
Parking and other non-moving violations,
discussion of ticketing authority by Planning Department
Frank Nierzwicki has sent out over 200 letters since July for
violations.There is still parking on
the grass.He reviewed the procedures on
the violations.When there is a
violation, a letter is sent, the property is monitored for two weeks if the
violation remains another letter is sent out to meet with people in
noncompliance.A registered letter is
sent out to collect fines on the properties.On high grass, after a registered letter is sent, if no reply, the
street department is sent out to mow the property and the property owner is
billed.After proper notification from
the Clerk’s office, a lien is placed against the property.If no movement is made, eventually the Town
will receive income when the property is sold.Frank’s new procedure idea is:
Start with new
If there is a
violation, send a letter.
If there a second
violation (for the same address) they will receive another letter.
Then third violation
(for the same address) automatic ticket.
fines are between $25 and $50 per violation.We can site daily on a daily basis up to $2,500.This is something he would like to consider
but would like some input.The Police
Department would like to be involved in updating the Code and Ordinance.
William Evans asked about the amount of the fine.Frank said a $50 fine for parking on the
grass and the existing $25 trash fines are fine.Illegal parking on the streets needs to be
raised to $25.The Code needs to be
changed to allow the Planning Department and Code Enforcement Officer be
allowed to write out tickets.All
changes would go to Mike Spencer for a review before it is brought to the
Council.Don asked about a “reward
program” (the ticket being less if paid before the due date). Frank said the
City of Bloomington does this.Don
also asked how often a ticket would be written on a car sitting in the
grass.Frank said as often as necessary according
to the way the code is written.The cost
of the Town going to court on some of these tickets is high.He mentioned the issue of having a court in
Town on some of the tickets.There is
some room at the Police Station for this if needed.Ed asked if Frank’s plan consisted of
calendar year to calendar year to keep tabs of habitual offenders.Frank said after his first year, he has a
good idea where the problem areas are.A
calendar year is an easy way to monitor this.The public wants to know which neighbor turned them in for high grass or
parking on the grass not knowing Frank and Laura are out patrolling.
citizen asked several questions on parking.Frank summarized the answers.
vHoliday parking – call the Police Station to notify
them of street and grass parking
vBirthday parties – let the Planning Department know
ahead of time.
vDriveway enlarging permits are $5.00.
concern was not answered.If his teenage
daughter has five friends over and he only has enough parking for four; would
he get ticketed for a car being in the yard for an hour?There is a difference between visiting for an
hour or two and having the wheels taken off and the car abandoned.Frank answered he would need public
discussion on the issue.
Stafford, resident of KelliHeights, agreed temporary parking in the yard should be okay.Some of the homes were built long enough ago and
the driveways do not accommodate many cars.Her main complaint is the cars that do not run parked in front yards.A car was tagged last week and the people
moved it into the yard.Frank replied
this is what continues to go on and is why he would like some input on how to
handle the problem.
Evans suggested Frank look at some other Towns and see what types of fines they
have.Frank agreed and will go ahead and
put together some information for the next meeting.
Plan Commission Meeting Schedule for
2006, request for approval
Frank Nierzwicki presented a tentative schedule for the meetings.There are four dates out of sync from the
normal meeting dates.In July, the
Thursday after the 4th holiday is the toughest week to have a meeting.The meeting in September is after Labor
Day.He has family obligations in
January and March and he will not be available for those Thursdays.His attendance may not be required but he
would prefer to be at the meetings.It
would be easier to make changes before the dates are posted.William Evans feels this is a good thing for people who might want
to schedule those weeks for vacation. In the past Frank has tried to schedule
10 of the 12 months for meetings, allowing July for vacations and December for
the holidays. If we plan meetings in advance then developers are aware of our
schedule and can plan accordingly.Ed
Bitner added he will also be out of town this July.He was out of town last July and the meeting
went on without him.He questioned the
September 14th date.Frank
Nierzwicki thought this date would be better for September due to Labor Day and
school starting.Ed understands changing
the January and July dates because those are the big holidays.Frank Buczolich said we are trying to get people here to do
business.It seems from the board that
this is the way to proceed. He suggested
Frank Nierzwicki check on the procedures for changing the dates.He is unsure how to make the changes.The dates and time of the month for the
meetings have been set for a long time.Don Calvert requested adding a reminder of the next meeting when
e-mailing the minutes to the Plan Commission
Privilege of the Floor – non Agenda
Reed Hodges, owner ofA-Z
Mortgage, brought up the grass infraction.There was an accident a few weeks ago with fuel spillage.The Fire Department hosed it all away but
tore up his grass.He wants to know if
the Town will be replacing his grass or will it be his responsibility?William Evans said it is State property and
they will relay the question to the Town Council.
Russ Ryle talked about a walking path along the utility easement
by the fence between the Reeves Road residents and the Rex Voils
development.The problem would be on the
east end not having anywhere for the path to go other than private
property.He suggested having something
coming off the east end of Mustang Drive connecting to the street or sidewalk system.There needs to be some provision made
there.Is there a way the Plan Commission can improve pedestrian flow from the school area,
down Reeves Road, to the Town area.Frank Nierzwicki said a sidewalk makes good sense but the issue is
money.The City of Bloomington, through a grant, purchased property on Adams Street to help connect their trail system.We need to have a plan and strategy of what
we want to do in the future.Russ questioned
if there is something short of spending a lot of money to come up with a master
plan with some options.There are a lot
of undeveloped fields in this area. In the next 20 years this land will be
developed with 1,000 housing units.He
asked Frank Nierzwicki if the Voils property to the north borders the school
property.Frank said yes and the
property borders private homes on the east.Russ clarified the only access off the Voils’ property, other than the
developed residential property, would be on the school property to the
north.Frank thinks the Park Board and Plan Commission need to work together in the future.There is a park plan on trails and
was more discussion on what was planned and talked about five years ago and
other suggestions.Frank Nierzwicki
suggested putting a package together for the Metropolitan Planning Organization
on their “Safe
School” federal funding.
Ryle wanted to know if there was some way the children living in the
subdivisions across Reeves Road could have a cross walk.She
suggested a sidewalk on the south side of Reeves Road and a stop at Terry Court to slow traffic and provide a place to cross the
Baker made a motion for the meeting to be adjourned.William Evans seconded.Motion carried.Meeting adjourned at