December 10, 2012

 

 

 

 

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, December 10, 2012, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 7:00 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Phillip Smith. 

 

Roll Call:  Members present were Scott Oldham, President; Dan Swafford, Vice President; Dianna Bastin, David Drake and Phillip Smith.  Sandra Hash, Clerk Treasurer; Darla Brown, Town Attorney; and Rick Coppock, Town Engineer, Bynum Fanyo and Associates, were also present.

 

Supervisors Present were:  Jim Davis, Jim Ragle, Tony Bowlen, Connie Griffin and Mike Farmer.

 

Approval of Minutes

 

Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on November 26, 2012.  Phillip Smith so moved.  Dianna Bastin seconded.  Motion carried.

 

Accounts Payable Vouchers

 

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  Phillip Smith seconded.  Motion carried.

 

Clerk-Treasurer’s Report

November 2012 Fund Balances

 

 

September

 MTD

MTD

November

 

Beginning Balance

 Revenue

Expenses

Ending Balance

 

 

 

 

 

General

$   230,961.03

$     413,677.23

$   247,678.77

$     396,959.49

 

 

 

 

 

MVH

$   101,157.12

   $       88,956.96

$     55,154.63

$     134,959.45

 

 temporary loan

 $       50,000.00

 

 

 

 

 

 

 

Water O&M

$   240,285.77

 $     136,385.32

$    157,305.31

$     219,365.78

 

 

 

 

 

Waste Water O&M

$   321,502.82

$     155,247.31

$    170,752.77

$     305,997.36

 

Public Meetings Schedule for 2013

 

Sandra Hash explained Town Council meetings are the second and fourth Mondays unless it falls on a holiday which happens in May for Memorial Day, October for Columbus Day and November for Veterans Day.  The Parks Board meets on the first Monday of the month and in September they will meet on the first Tuesday.  The Plan Commission meets on the first Thursday of every month with the exception of the July 4th holiday.

 

Dianna Bastin requested the Town Council meeting starting time be changed to 6:30 p.m. 

 

Scott Oldham entertained a motion that the Town Council meetings be moved up, on the second and fourth Monday of each month, to 6:30 p.m.  Dianna Bastin made a motion that the Town Council meetings be moved up, on the second and fourth Monday of each month, to 6:30 p.m.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Redistricting of the Town Wards by 39 Degrees North

 

Chris Walls, Owner of 39 Degrees North, was contacted by the Town to assist with the redistricting.  Upon looking at the existing district, the Town exceeded the 10% deviation on the average population.  Using the 2010 census information coupled with the locations the council members currently live he tried to balance out the population as best he could.  With the current districts there was over a 100% deviation which was due to District 4 encompassing so much of an area within the Town.  The updated map reduced the deviation to 8%.  The rule of thumb is to stay under 10% deviation.  Scott wanted the Council Members to review the information and present any questions to Mr. Walls by Friday, December 14th.  Darla will prepare an ordinance for adoption at the December 26th meeting.

 

Scott Oldham entertained a motion that the Town accept the contract with 39 Degrees North for redistricting of the Town of Ellettsville’s wards.  Phillip Smith made a motion that the Town accept the contract with 39 Degrees North for redistricting of the Town of Ellettsville’s wards.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Acceptance of Dedication

 

Gieselman Subdivision, Docket 120612-3

 

Connie Griffin, Director of Planning, explained this is the Gieselman Minor Subdivision, Lots 1 and 2; a Commercial 3 zoned property and is in the area of Richard’s Small Engines.  All fees have been paid.  The Gieselmans are purchasing the front property known as the “Purdie” property on contract.

 

Richard Gieselman explained there is a power line the transverses the property.  At that time he was still in Monroe County who had a minimum lot size of 2.5 acres.  That required him to move the property line closer to his building.  This subdivision would move the property line up to the existing natural landscaping so it looks correct, allows for future expansion and provides the necessary set back.  It’s approximately four-tenths of an acre. 

 

Scott Oldham entertained a motion to accept the dedication for the Gieselman subdivision, Docket No. 120612-3.  David Drake made a motion to accept the dedication for the Gieselman subdivision, Docket No. 120612-3.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Hearne Subdivision, Docket 120612-4

 

Connie Griffin introduced this project as Litten Estates, Phase III.  They’re requesting a subdivision final plat and the zoning classification is a Planned Unit Development.  All of the fees have been paid.  The lot has been pre-approved through the Plan Commission and it will be single family residential.  The front property will be maintained by Brian Hearne for the future commercial development and the back of the property will stay as single family residential.

 

Scott Oldham entertained a motion to accept the dedication for the Hearne subdivision, Docket No. 120612-4.  David Drake made a motion to accept the dedication for the Hearne subdivision, Docket No. 120612-4.  Dianna Bastin seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

George Subdivision, Docket 120612-5

 

Connie Griffin introduced the project as Mary George subdivision Lot 2, Amendment 1.  All fees have been paid.  Representing this subdivision is Rick Coppock of Bynum Fanyo and Associates.  This will combine 2 lots.  This property is zoned Commercial 3.

 

Rick Coppock, Bynum Fanyo and Associates, explained the petitioner is selling a portion of her property to Max Flynn.  They’ve amended the plat for the area which will be a combined lot of 3.72 acres and Mr. Flynn will continue to live there and the property will become part of his back yard.

 

Scott Oldham entertained a motion to accept the dedication for the George subdivision, Docket No. 120612-5.  David Drake made a motion to accept the dedication of the George subdivision, Docket No. 120612-5.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Ordinances on First Reading

 

Ordinance 2012-26 Fixing of the Salaries for Budget Year 2013

 

Sandra Hash explained this ordinance reflects the 1.5% increase in salary that was granted at budget time.  Utilities requested the on-call pay be raised.  It has not been raised for four years.  It is currently $110 a week and she put $115 a week in the ordinance pursuant to the request of Jeff Farmer.  Amber Ragle received more than 1.5% because of the extra job duties she will be taking on in January.

 

Ordinance 2012-27 Setting Speed Limit, No Parking and Stop Streets on Antler Court and Appomatox Circle

 

Sandra Hash explained these are two cul-de-sacs that were brought to the attention of the Street Department and they requested this be done.

 

Ordinances on Second Reading

 

Ordinance 2012-24 to Change the Zoning from R-1 to C-3 at 3888 West State Road 46, Bloomington – Headley

 

Connie Griffin explained the petition was signed on October 29, 2012 and all fees have been paid.  This has been before the Plan Commission and was certified on December 6, 2012.  The Plan Commission issued a favorable recommendation for a Commercial 3 zoning of the Headley property located at 3888 West State Road 46.  The Plan Commission issued the following findings:

 

1.               The proposed rezoning is consistent with the land use policies contained in the Comprehensive Plan because:

 

1)         The 2007 Ellettsville Comprehensive Plan states, page 21 under Tax Base, the Town needs to attract higher dollar investment to aid the tax base with special emphasis on commercial and light industrial investment.

2)         To encourage development that utilizes, and is compatible with existing infrastructure. 

3)         On page 22, under Commercial, the Town should encourage continued vehicle orientated commercial investment along State Road 46 east of Ellettsville, with access management to increase safety.  

 

2.               Conditions have changed in the area since the original zoning was established because:

 

1)          In 1966 a master plan map and text containing a land use plan was adopted by Resolution (No. 1) on February 28, 1966.  During the adoption of this plan the Planning Commission carefully considered the plan with special attention paid to the health, safety, convenience and welfare of its citizens, as well as commitment to plan for future development and growth potential. 

2)         Since the creation of this document several annexations have occurred along the corridor along with the establishment of commercial facilities. 

3)         The Town’s jurisdiction on the east side reaches to Smith Pike Crossing, which is adjacent to the Headley property.

 

Rezoning the Headley property to commercial land use is consistent with the vision within the original master plan. 

 

3.               Community facilities are available to support the proposed development because:

 

1)         The Town of Ellettsville has a 12 inch water line on the south side of State Road 46 and there is also an 8 inch water line and a sanitary sewer that runs through the north end of the property that connects into Springs Valley. (Information provided by Rick Coppock, representing the Town Engineer)

 

4.               The proposed rezoning will establish a desirable precedent in the area because:

 

1)         Local businesses in the Town are predominantly located along the State Road 46 Corridor.

2)         Land development has decreased along the corridor due to lack of commercial land availability, and market conditions. 

3)         The land, if rezoned to commercial, has the potential to be commercially developed in the future; anticipating a rebound in the economy.

 

Historically shopping areas were located away from the city centers, but with the increased use of automobiles, the current trends focus on mixed land use and pedestrian life styles, and urban planning recommends clustering as compared to sprawl, so closer service oriented business options are often more appealing to the majority of consumers.

 

5.               The proposed rezoning is compatible with surrounding land uses because:

 

1)         The proposed rezoning is compatible with the surrounding land uses because a strip mall area with restaurants, banking facilities, service and retail establishments are located directly across from the Headley property, as well as to the east and a short distance to the west.

 

It is the Planning Director’s recommendation of approval for the rezone from Residential 1 to Commercial 3 due to the above stated findings.  The property has approximately 400 linear feet of State Road 46 frontage.  The width of the property will allow for setbacks and adequate buffering of the commercial use from the neighboring adjacent residential land uses located directly to the north, east and west. 

 

Dianna Bastin made a motion to limit public discussion to a total of one-half hour.  The motion died for a lack of a second.

 

David Drake suggested limiting public discussion to one hour.  Dan Swafford suggested leaving the time limit as is as long as everyone speaks for no longer than 3 minutes and don’t repeat what someone else has said so they can get through it as quickly as possible.  Mr. Drake added each person should only speak one time. 

 

Public comment is as follows:

 

Lois Cusik is concerned about water run-off, lower property values, increase in crime and commercial development.

 

Linda Poppy and Pat Fowler, Woodgate Neighborhood Association and Crime Watch, are concerned about an increase in traffic, vandalism, crime, speeding, noise, light and air pollution. 

 

Efrot Feferman requested Town Council take their time, listen to the concerns, consider the affect on the neighborhood and approach their decision sensibly.  A market analysis was not done.

 

Miguel Hernandez is concerned about water run-off, traffic patterns and safety.  It is very difficult to access State Road 46 from Deer Run and there are no plans for a traffic signal.

 

Herbert “Bud” Strokes is concerned with commercial development, pollution and traffic patterns.  The existing commercial properties shown currently are not more than 100 feet deep.

 

Stan Easton is concerned with commercial development, depth and adequate buffering.

 

Jeanna Hudson’s concern is no mission statement for the whole Town and the Plan Commission not serving the citizens by driving a commercial wedge between the two best neighborhoods in the Town.  She quoted from Town Code 151.01 under Purpose and Definitions “ In order to promote the educational, cultural and general welfare of the citizens of Ellettsville and to insure the harmonious and orderly growth and development of the municipality; to maintain established residential neighborhoods in danger of having their distinctiveness destroyed; to enhance property values”

 

John Fulton is concerned about traffic flow and no recreation areas.

 

Rex Hinkle is concerned about commercial development feels no need for commercial.

 

David Shaw’s concern is the availability of existing unused commercial property and the endangerment of wildlife.

 

Elizabeth Brown added the purpose of the Plan Commission is protection of existing neighborhoods and reduced property values.

 

Brandon Meyer feels there is plenty of C-3 property already available.

 

Aaron Tiller does not feel this is a good spot for commercial development

 

Kevin Wells’ concern is commercial development and water run-off.

 

Joyce Hutchinson’s concern is about wildlife endangerment and commercial development.

 

Debra Hackman feels it should benefit the welfare of the community.  She took a citizen vote.  All were against the change.

 

Jody Hayes commented the Town Council has heard from taxpayers and voters.

 

Barry Choney doesn’t think shoppers will come to Ellettsville.

 

Russ Ryle was limited to what was in the Town Code at the Plan Commission meeting.  He voted for the plan because it was within the statutory requirements; he had no grounds to deny it.  A Plan Commission plays only an advisory rule and the final decision will be made by the Town Council.  He requested this be tabled until there is further discussion and review.

 

Bill Headley has tried to be a good neighbor, provide an easement for water and property taxes will double so the Town will benefit.  They’ve had problems with the neighborhoods throwing yard waste on their property.  Being zoned commercial will give them a larger buyer base.

 

Steve Headley commented they’ve had trouble with trespassing on the property.   There has been some interest for senior housing on the property.

 

David Drake addressed the complaints about traffic getting on to State Road 46 and wanting a park.  On this occasion, he disagrees with the Plan Commission.  Along State Road 46 would be a good commercial use but not on the back of the property.  He’s pro-business and believes people should do what they want with their property.  However, they have to balance the issues and having the whole site commercial would be a mistake. 

 

Dianna Bastin hears the same issues whenever a new residential subdivision is going to be built, i.e., crime, traffic, etc.  She is pro-landowner.  The petitioner came before the Plan Commission, did everything right and has asked to be considered for re-districting.  She’s in favor of following the Plan Commission’s favorable recommendation.  It’s their job to be fiscally responsible.

 

Dan Swafford stated if they do approve the rezoning permit, whoever moves into the property and wants to build on it will have to go before the Plan Commission.  He knows there’s a problem with drainage but he can’t imagine a commercial developer building on the back of the property where everyone is concerned.  Houses can also be put on a commercial property.

 

Phillip Smith advised if it is zoned C-3 it is no sign it will be a factory.  It would be a good spot for senior citizen housing.  The water run-off, in his opinion, is not a big deal.  Anyone who builds there would have to put in retention ponds and a public sewer.  He’s pro-landowner. 

 

Scott Oldham reminds everyone the Town did not approach the petitioner about rezoning their property.  The petitioner came to the Town.  He discussed some of the concerns such as building a park, traffic lights and depth of the property.  He agrees commercial use may not be the best use for the whole property except for S.R. 46 frontage.

 

Scott Oldham entertained a motion to approve the Planning Department’s recommendation on the Ordinance 2012-24, as written, to change the zoning from R-1 to C-3 at 3888 West State Road 46, Bloomington.  Phillip Smith made a motion to approve the Planning Department’s recommendation on the Ordinance 2012-24, as written, to change the zoning from R-1 to C-3 at 3888 West State Road 46, Bloomington.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – no; Dan Swafford – yes; Dianna Bastin – yes; David Drake – no; and Phillip Smith – yes.  Motion carried 3-2.

 

New Business

 

Agreement between the Town of Ellettsville and Maxwell’s Office Equipment

 

Town Marshal Tony Bowlen requested approval for a maintenance agreement between the Town of Ellettsville and Maxwell’s for a copier/printer.  It’s the same agreement as last year but has an increase of $20 and $125 is due at the signing of the contract.

 

Scott Oldham entertained a motion to accept the agreement between the Town of Ellettsville and Maxwell Office Equipment at the Police Department.  Dianna Bastin made a motion to accept the agreement between the Town of Ellettsville and Maxwell

Office Equipment at the Police Department.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Supervisor Comments

 

Sandra Hash announced the Christmas luncheon is on Friday, December 14, 2012, from 11:30 a.m. to 1:00 p.m. at the Fire Department.

 

Council Comments

 

Dianna Bastin thanked the Street Department for the beautiful lights, flags and decorations on the streets.  She also thanked the Utilities Department for decorating the islands and putting the lights on the Christmas trees.  Thanks for making the Town look festive.

 

Scott Oldham asked if the Town has plenty of salt and sand.  Jim Ragle replied yes.

 

Adjournment

 

Dan Swafford made a motion to adjourn.  Dianna Bastin seconded.  Motion carried.  Scott Oldham adjourned the meeting at 8:23 p.m.