February 3, 2011
The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, February 3, 2011 in the Fire Department Training
and Conference Room located at
Roll Call: Members present were: Phillip Smith - President; Don Calvert; Phillip
Rogers and Sandra Hash, Secretary. Dan
Swafford arrived late. Clayton Sullivan and
Ron Wayt were absent.
Approval of the Minutes – January 6, 2011
Phillip Smith entertained a motion for approval of the January 6, 2011 minutes. Phillip Rogers so moved. Don Calvert seconded. Roll call vote: Phillip Smith – yes; Don Calvert – yes; Phillip Rogers – yes; and Sandra Hash – yes. Motion carried 4-0.
The Development Group Network, Inc., Centennial Park Subdivision – 31.39 Acres, Preliminary Plat Approval for 78 lots. The petitioner is requesting an additional twelve month extension of the preliminary plat approval in accordance with Section 153.00(A) of the Ellettsville Town Code. (The Plan Commission had granted a twelve month extension which will expire in March 2011).
Rick Coppock, Bynum Fanyo & Associates, is representing the developer, The Development Group Network, Inc. This is the same developer who also developed the Union Valley Farms Subdivision. They are seeking a twelve month extension of the preliminary plat approval due to the housing market.
Phillip Smith entertained a motion to approve a twelve month extension of the preliminary plat approval for the Centennial Park Subdivision. Sandra Hash made a motion to approve a twelve month extension for the Centennial Park Subdivision. Phillip Rogers seconded. Roll call vote: Phillip Smith – yes; Don Calvert - yes; Phillip Rogers – yes; and Sandra Hash – yes. Motion carried 4-0.
Smithville Development Project Amendment – 7640 W. SR 46, Ellettsville: Proposed use of ten acre parcel for warehouse and office building, truck garage, truck shed, trailer shed, equipment and storage yard, driveways, parking lots for Smithville Telephone. Petitioner: Smithville, Will Harris Builders and Kevin Potter
Smith stated this has returned before
the Plan Commission because Smithville was going to go with Ellettsville for
water but has decided to go with Patricksburg.
Kevin Potter, Civil Engineer with Smithville Telephone Co. – Since the previous plan approval there has been a change of water service. Bean Blossom Patricksburg Water Corporation (“Bean-Blossom”) will be upgrading their water mains on the north side of State Road 46. They will be connecting a couple of mains going east and west together to improve water pressure and quality of water to the site. Phillip Smith asked if the 8” main is already installed on 46. Kevin Potter responded they have a smaller main at this time.
of Robert E. Curry & Associates, Inc., Consulting Engineer for Bean-Blossom
Patricksburg Water Corp. – Explained
the size of the water mains at Flat Woods is 8” and
General Manager of Bean Blossom-Patricksburg Water Corporation - distributed a
letter from the Board of Directors of Bean-Blossom. Basically, the letter states Bean-Blossom
will do whatever improvements are necessary to satisfy the growth along the
Smithville area. As their engineer
stated, they are in the process of increasing the line size from
· Why this property is so important?
· Why Bean-Blossom is not willing to let Ellettsville service this area since the owners voluntarily annexed into the Town?
· Why doesn’t the annexation adjust Bean-Blossom’s boundaries?
Mr. Bastin responded Bean-Blossom feels I-69 along
with the growth on S.R. 46 is very important.
Bean-Blossom serves water for four sewer companies so this is not an
issue. Sandra Hash asked if Bean-Blossom
would turn the water off for non-payment of a Town sewer bill. Mr. Bastin responded he doesn’t know if the
law will allow them to do it. State law
would have to be researched. Sandra Hash
asked although Bean-Blossom has grown into three counties does Bean-Blossom
feel by not servicing this little parcel that it will be detrimental to their
growth in the future. Mr. Bastin
responded yes and it may not be the only parcel as there could be other
parcels. Ms. Hash stated as a Plan
Commission for the Town of
read an excerpt from the Town of
“The Town will provide water service to the area
Dan Swafford stated the Plan Commission needed to meet with the Town Council and Bean-Blossom to discuss water service to Smithville. However, the Plan Commission does not want to delay the project.
Williams, Will-Harris Builders – Bean
Blossom has mentioned the possibility of a lawsuit if Smithville gets its water
service from Ellettsville. An item
playing a major role in water service to Smithville, however, is a $50,000
charge from the Town of
Smith stated the main goal of this
meeting is for Smithville to start construction. Mr. Smith confirmed Smithville had
construction water on the site. The Town
Attorney will have to review Bean-Blossom’s letter. Sandra Hash stated the Town has not received
a tort claim and there has not been a threat to sue. Dan Swafford commented the Plan Commission
needed to approve the project to proceed.
Then, the Town needs to meet with Bean-Blossom and clearly define
territories. Don Calvert commented there
are two issues. The first being whether
or not Smithville can begin to build and the second being the water. Both of these issues need to be looked at
Russ Ryle – Unfortunately, this is going to be a situation we’re going to run into as Ellettsville expands. The water issue isn’t going to be resolved at this meeting. It is an issue before the Town Council. He suggests the water issue be tabled until there can be a much needed discussion. No one wants to get in a legal situation.
Sandra Hash – Read an excerpt from the December 2, 2010, meeting:
“The other concerns were adequate
water, sewage and adequate fire protection and Dan Swafford asked if those
issues had been addressed. Kevin Potter
responded Smithville met with Ellettsville Utilities and Rick Coppock and there
has been an agreement wherein they’re going to extend a 12” water main further
Mike Farmer – Stated even though Bean-Blossom serves the project, they would recommend Ellettsville service the sewer. It’s still an issue but it is not an issue worth fighting over or holding up the project. Obviously they are going to get water and will be served well by fire protection. Mr. Farmer suggested the amendment be approved.
Dan Swafford – Commented he would like for Bean-Blossom to meet with the Town to discuss future development, territories and try to work everything out.
Sandra Hash - Asked how many customers are in Bean-Blossom’s system. Mr. Bastin responded over 4,000. Ms. Hash stated when a property is annexed into the Town limits, it should become our jurisdiction. Lines are drawn but they’re always subject to change. Everything in life is subject to change and this is the big issue. The water issue doesn’t have any bearing on the plan the Commission approved. However, it is part of it because of it being included in the December 2, 2010 minutes.
Rogers – In big towns and cities in
Phillip Smith made a motion to approve the
Department Updates –
Transportation Enhancement Grant for Heritage Trail Phase II for a 12 X 120 foot long pedestrian bridge was submitted on January 31, 2011. The Town is seeking $223,530 from the Metropolitan Planning Organization (“MPO”). This is an 80/20 grant which will require local match funds in the amount of $55,880. Thank you to everyone who assisted with the grant and 42 letters of support were received.
Grant for the Street Department – The Planning Department will start working next week on seeking grant funding through the MPO to help the Street Department obtain new reflective signage. They are applying for highway safety improvements fund. Ms. Griffin will help Jim Ragle get started on the grant which is due within a couple of weeks.
Americans With Disabilities Transition Plan – All research has been given to Denise Jenkins, an Administrative Assistant in the Planning Department. She will begin working with the research and develop a table of contents that our plan will be required to have along with an annotation of each of those requirements. Then a time frame will be developed. This is an opportunity for the Town to receive $7,500 annually from the MPO to get the transition plan started. The Town will have about two years to update the areas where the Town is negligent. The Federal Highway Administration is going to start cracking down on communities because it has been 20 years since the American With Disabilities Act was enacted.
Lenzy Hayes – They have been working very well with the Planning Department. Unfortunately, nine people were evicted and two trailers have been demolished. The Planning Department is working very diligently on the compliance issues with Lenzy Hayes. At this time, their license has not been reissued.
Privilege of the Floor
Questioned the status of the greenhouse operation’s safety issues located on
S.R. 46. He understands it is with the
Town Attorney but he hasn’t heard anything about the safety issues. Phillip Smith advised the owner has applied
some mortar and some of the weeds have been cut down. Mr. Ryle stated his main concern is with the
Russ Ryle – Complimented the Planning Staff on how they have handled a couple of very sensitive issues.
Walked from the Shell Station down to the parking lot in front of the Town
Council building. There was enough dog
waste in front of the apartment building that you could not stand the smell.
Phillip Smith made a motion to adjourn. Dan Swafford seconded. Phillip Smith adjourned the meeting at 7:11 p.m. The next meeting will be March 3, 2011, at 6:00 p.m.