July 14, 2014

 

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, July 14, 2014, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dan Swafford led the Pledge of Allegiance followed with a prayer by Sandra Hash.

 

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

 

Supervisors present were:  Mike Cornman, Tony Bowlen, Connie Griffin, Jeff Farmer and Mike Farmer.  Danny Stalcup and Kip Headdy also attended the meeting to represent the Street Department.

 

Approval of Minutes

 

Dan Swafford entertained a motion for approval of the minutes for the Executive Session and regular meeting on June 23, 2014.  Dan Swafford so moved.  Dianna Bastin seconded.  Motion carried.

 

Accounts Payable Vouchers

 

David Drake entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  Dan Swafford seconded.  Motion carried.

 

Resolutions

 

Resolution 10-2014 Mark S. and Deborah J. Peters Property, Heritage Trail

 

Darla Brown, Town Attorney, explained this resolution authorizes Scott Oldham to sign documents at closing such as HUD settlement statements, sales disclosures and other documents.  It also authorizes the Town Clerk-Treasurer to make or issue payment for the purchase of said real estate at the closing.

 

Dianna Bastin asked where the property is located.  Mr. Drake replied it is at 275 W. Main Street.  Ms. Hash added it is behind the duplex at the bottom of Chandler Hill on Main Street.

 

David Drake entertained a motion to approve Resolution 10-2014 Mark and Deborah J. Peters’ property by Heritage Trail and for Scott Oldham to sign the documents.  Dianna Bastin made a motion to approve Resolution 10-2014 Mark and Deborah J. Peters’ property by Heritage Trail and for Scott Oldham to sign the documents.  Dan Swafford seconded.  Roll call vote:  David Drake – yes; Dianna Bastin – yes and Dan Swafford – yes.  Motion carried 3-0.

 

Ordinances on Second Reading

 

Ordinance 2014-10, Petition 006052014-1 Rubicon Investments, LLC Planned Unit Development Rezone Request – 4210 West State Road 46 (former Cedar Bluff Gardens) – Steven A. Brehob, Steven Smith, Michael Eaton and Joe Walker

 

Connie Griffin, Director of Planning, explained this project is the former Cedar Bluff Gardens located at 4210 West State Road 46 in Bloomington.  They are requesting a rezone from a C-3 and R-1 to a Planned Unit Development.  It is 1.93 acres of residential, 5.52 acres of commercial and .5 acres of common ground for a total of 8 acres.  The petition was filed on May 5, 2014 and the fees have been paid.  The Planned Unit Application and the Site Redevelopment Plan of Proposed Uses have been submitted.  The public notice has been published and adjacent property owners have been contacted.  More detail of the development plan will follow with the Plan Commission.  On June 5, 2014, the Plan Commission voted for a favorable recommendation on the rezone.  She recommends the Town Council impose conditions for property upkeep as follows:  Establish a landscape property management program; adhere to Ellettsville Municipal Code regarding public health nuisances and excessive vegetation; routine property inspections to guard against nuisance wildlife; preventative measures to eliminate or minimize water damage to adjacent properties; monitor and control runoff and erosion; remove dead or diseased vegetation; eradicate evasive species; pruning, weeding and maintaining turf areas; maintenance of vegetation to avoid obstruction of traffic; restrict access to the property by gates with Knox-Boxes to allow access by Ellettsville emergency services and the designation of an individual responsible for the maintenance.

 

Dianna Bastin is confused about the landscaping because the developer will not be able to landscape until they build.  Ms. Griffin replied they want the grass mowed to prevent blocking the view of motorists. 

 

Steve Brehob, Smith, Brehob and Associates, thanked Connie Griffin for working with them on the petition, the Plan Commission for giving them a positive recommendation and the Town Council for hearing their request.  This petition represents an opportunity for the developer to start with a fresh piece of property, develop it in a manner they like and bring their vision to life.  Rubicon Capital Management currently owns and maintains the Richland Plaza area which was already in existence.  This project will give them an opportunity to start new.  It also gives the Town an opportunity to clean a distressed property that has been a code enforcement problem.  It will also provide the Town with valuable tax revenue.  At this time, the property is not generating the tax revenue it could if redeveloped as the PUD they’re proposing.  A PUD allows the developer and the Town to pick and choose the uses they feel are appropriate.  Now, a portion of the property is zoned C-3 and they think some of the uses are okay and others are not due to proximity to the neighborhood or the developer isn’t interested in bringing them into the project.  This is a gateway site and is close to the edge of Town limits.  It is one of the first pieces of property people see when coming into Town.   It is an opportunity to make an impression on visitors to Ellettsville.  It is an opportunity to say Ellettsville is open for business.

 

David Drake asked if Mr. Brehob has read the property management conditions.  Mr. Brehob answered yes.  When he first read it he had the same concerns as Ms. Bastin.  He thinks the Town’s interest is that the property does not revert back to the state it was in or continue to get worse.  If the PUD rezone is granted, Rubicon intends to purchase the property, clean it up, move into the development plan stage and start to redevelop the property.  Mr. Drake asked if they have any problem meeting the property management conditions.  Mr. Brehob answered he didn’t think so.

 

Dianna Bastin asked if the access will have a Knox-Box and keys will be provided to law enforcement and the fire department.  Mr. Brehob replied it will be either a Knox-Box or something similar to what realtors use.  They need to keep people from going on and off the property because for awhile it will be an attractive nuisance and it needs to be accessible to emergency services. 

 

Dan Swafford asked if Rubicon owns the property.  Mr. Brehob answered they do not.  If the property is rezoned they will purchase it and proceed into development.  Mr. Swafford asked if the current owner should be present for the request.  Ms. Brown answered there is nothing in the Town code that states only the owner can make the petition.  A prospective purchaser can make the petition at the Plan Commission level.  Mr. Drake added it’s common for people not to purchase property until they can get it rezoned.  Mr. Brehob remarked it is also common in purchase agreements for the current owner to give the prospective buyer the right to seek various approvals. 

 

Russ Ryle, Plan Commission member, thanked the developers for their interest and an opportunity to improve the Town.  He is concerned for the future whether this developer or another reworks the property.  Right now they have over an acre of roof top and pavement.  The draft of the plans has seven acres of roof top and pavement.  He realizes steps can be taken to minimize stormwater issues but they are going to reduce the amount of rainwater that can soak into bare ground before it goes into downtown Ellettsville which has an abundance of water issues.  If this developer does not go through with the purchase and the Town allows this zoning, the developer has certain restrictions for use on that property.  If a third party buys this piece of property does this PUD go forward or is it only for the benefit of the developer?  Ms. Brown replied if the developer doesn’t complete the development within a certain period of time then the Town Council can repeal the ordinance.  Mr. Drake added it is not specific to this particular developer but if another were to come in they would have to file the exact same thing.  Ms. Brown said if conditions were to be imposed they would follow the land and apply to other developers.  Mr. Ryle clarified if a third party would eventually develop this property it would still be considered a PUD under the terms being approved at this meeting.  Ms. Brown answered yes.  Mr. Drake noted they can’t control who the developer is but they can control how it’s developed. 

 

David Drake is glad to see that the property will get cleaned up and be an asset to the Town.  Having it as a PUD is a win-win for both sides.  The developer gets a few concessions they wouldn’t get otherwise and the Town gets more control over what uses go in the development.  In a commercial development they could put in things the Town wouldn’t necessarily want.   This is a rezone and doesn’t address the actual development of the property which will come before the Plan Commission.  They have stressed to the Plan Commission one of the things to keep in mind is how the actual site plan affects the surrounding neighborhood. 

 

David Drake entertained a motion to approve Ordinance 2014-10, Petition 006052014-1, Rubicon Investments’ Planned Unit Development rezone request, 4210 West State Road 46 (former Cedar Bluff Gardens) with the conditions set forth in Connie Griffin’s memo dated July 8, 2014.  Dianna Bastin made a motion to approve Ordinance 2014-10, Petition 006052014-1, Rubicon Investments’ Planned Unit Development rezone request, 4210 West State Road 46 (former Cedar Bluff Gardens) with the conditions set forth in Connie Griffin’s memo dated July 8, 2014.  Dan Swafford seconded.  Roll call vote:  David Drake – yes; Dianna Bastin – yes and Dan Swafford – yes.  Motion carried 3-0.

HHHe

 

Old Business

 

Town Manager

 

David Drake explained the Town Council had an Executive Session at 5:30 p.m. today.  There was one internal applicant for the position whom they interviewed. 

 

Dan Swafford explained this is a big decision and he feels the entire Town Council should be present. 

 

Dan Swafford made a motion to table this until the next Town Council meeting.  Motion died for a lack of a second.

 

David Drake explained this has been a well talked about situation and he would prefer to have the whole Town Council present to make the decision.  He is unable to attend the next Town Council meeting.  Ms. Hash and others have pointed out the Town is getting into budget time and the Town Manager will have an important role to play in it.  If they hire an in-house candidate for the position the risk is minimal to the Town.  There is no additional cost.  It’s a good way for him to be guinea pig to find out whether it works or not.  If it doesn’t work out, nobody is out anything.  If it does work out – great.  They will have established the foundation for what to do.  He’s big on trying to reward people for their service internally.  He reiterated he would prefer having the entire Town Council present but is amenable to dealing with it at this meeting.  Ms. Bastin concurs.

 

Dianna Bastin made a motion to hire Jim Davis to be Town Manager for Ellettsville.  David Drake seconded. 

 

David Drake stated Jim Davis has been very involved in the heart of Town government for years including personnel policy changes and updates, employee health insurance and all kinds of things.  Mr. Davis has the ability to get the ball rolling and do the kinds of things they need to have done. He is not an expert on everything.  If he is not an expert on something, Mr. Davis knows how to find out about it or find someone who does.  He thinks this is a good choice for the Town Council.

 

Roll call vote:  David Drake – yes; Dianna Bastin – yes and Dan Swafford – no.  Motion carried 2-1.

 

David Drake advised earlier, the Town Attorney explained this type of motion only requires a majority of the members present.  This means the motion passed.

 

New Business

 

Area 10 Signage, Farmers Market, Off Premise Signage Request – Connie Griffin and a representative from Area 10

 

Sandra Hash, Clerk-Treasurer, advised Area 10 called the office today and requested this be tabled as they are unable to attend.  They will attend the next meeting.

 

David Drake entertained a motion to table Area 10 signage Farmers Market request.  Dianna Bastin made a motion to table Area 10 signage Farmers Market Request.  Dan Swafford seconded.  Motion carried.

 

Bond No. 5040022 and Bond No. 5040020 Request for Bond Release, Robinson Construction, 315 E. Winslow Road, Bloomington, IN:  Erosion Control, Landscaping, Street Signage and Final Top Coat, Greenbrier Phase II, Section 1 for Lots 46, 47, 48, 59 and 60.  Required Public Infrastructure has been Installed in Accordance with the Primary Approval – Connie Griffin

 

Connie Griffin, Director of Planning, has two applications for release of over $52,000 and over $4,500.  The supervisors have signed off on the infrastructure.  These bonds were for Phase II of Greenbrier, Section 1, Lots 46, 47, 48, 59 and 60.  Bond No. 5040020 for $52,800 is to cover roads.  The roads were inspected by Jim Ragle, Street Commissioner, and were installed correctly and approved.  Bond No. 5040022 for $4,531 is to cover erosion control and trees.  The site was inspected by she and Mr. Ragle.  The erosion control and trees are in.  She told the Robinsons if they lose the grass she will not enforce on it until the fall.  The bonds are ready for release and dedication of .79 acres of public right-of-way.

 

Dan Swafford asked if Rick Coppock had a chance to review everything.  Ms. Griffin replied yes and Brian Miller signed off on the first bond previously released. 

 

David Drake entertained a motion to release bonds 5040022 and 5040020 and accept the dedication of the public right-of-way for Lots 46, 47, 48, 59 and 60.  Dan Swafford made a motion to release bonds 5040022 and 5040020 and accept the dedication of the public right-of-way for Lots 46, 47, 48, 59 and 60.  Dianna Bastin seconded.  Roll call vote:  David Drake – yes; Dianna Bastin – yes and Dan Swafford – yes.  Motion carried 3-0.

 

Council Comments

 

Dianna Bastin announced Jim Ragle retired from the Town of Ellettsville and thanked him for 32 years.  Mr. Ragle is going to have an auction on July 19, 2014, and wants to close Second Street between Ritter and Oak from 8:00 a.m. to 4:00 p.m. so that Jimmy Dean Coffey can perform an auction.  There are plenty of side streets around and it is not a major thoroughfare.  The Town Marshal does not have a problem with the street closure.  The Town Marshal can open it earlier or leave it open later if he sees fit.  She asked that Danny Stalcup assist with any street closure signs he may need. 

 

Dianna Bastin made a motion the Town Council approve the street closure for Jim Ragle.  Dan Swafford seconded.  Motion carried.

 

David Drake thanked Jim Ragle for his long, illustrious career with the Town of Ellettsville.  It was always nice to know that he and his guys were plowing the streets all night long while people slept.  He will be missed.

 

Dan Swafford remarked Jim Ragle was an awesome supervisor.  Mr. Ragle was out in the heat or negative temperatures plowing snow and shoveling sidewalks.  He did everything and whatever he asked of his guys he was right there with them working.  He continually worked until he retired.  He will be missed and hard to replace.

 

Supervisor Comments

 

Connie Griffin, Director of Planning, is seeking a signature on the plat for the Pines subdivision.  The Pines are duplexes located on Pine Street off Sale Street.  There were ten units and they have been re-platted to be sold for individual ownership.  There are no roadways, public improvements, water or sanitary. Mr. Drake advised he cannot sign the plat because he is the Vice President.

 

Mike Cornman, Fire Chief, explained the League of Women Voters® is seeking permission to have a candidate forum on or about Wednesday, October 1, 2014, in the training room of the Fire Department. 

 

David Drake entertained a motion to allow the League of Women Voters® to use the meeting room on October 1st.  Dianna Bastin made a motion to allow the League of Women Voters® to use the meeting room on October 1st.  Dan Swafford seconded.  Motion carried.

 

Adjournment

David Drake entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Dan Swafford seconded.  David Drake adjourned the meeting at 7:06 p.m.