The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, October 1, 2009 in the Fire Department Training and Conference Room
located at 5080
West State Road
46.Terry Baker called the meeting to
order at with the Pledge of
Roll Call:Members present were:Terry Baker, President; Sandra Hash, Vice
President; Ron Wayt, Dan Swafford and Connie Griffin, Acting Interim Director of Planning and
Members Absent: Phillip Smith, Frank Buczolich
and Don Calvert.
Approval of the Minutes- September 3, 2009
Terry Baker requested
a motion for approval of the September 3, 2009 minutes.Dan
Swafford so moved.Ron Wayt seconded.Motion carried.
Conflict of Interest Statement
Terry Baker asked the commissioners if there were any
conflict of interest with items listed on tonight’s agenda.No conflicts of interest were stated by Plan
Sign Code Revisions
Connie Griffinwent over the revisions in Chapter 152 Sign Code Changes:
Adding statement of purpose
Add codes (a) – (e) and (g) to current
Adding a statement at the bottom of Page
Delete (A) – (G) except (D) Reduce
traffic and safety hazards by prohibiting signs that are distracting to
motorists and cause unnecessary visual clutter.
The sign permit applicant will be able
to appeal any decision made by the Planning Department.Connie will research the State levels of
Approval Process; Sign code provides
three types of sign applications.Standard, Alternative and Temporary
Application required; A permit and fee
are required before display or alteration.Director of Planning or designee should be able to waive fees for
The sentence “The Department of Planning
is authorized to establish fees for all applications and permits required
by the sign code” will be deleted from Section (1) Application Required.
Normal maintenance will not be
considered an alteration unless it exceeds 50% of the present value of the
A sign that has been erected, altered or
changed without a permit shall be considered an illegal sign and shall be
subject to the penalties described in this sign code.
Applications will become a “working
document” and “checklist” establishing a paper trail.
The Planning Department has ten days to
review sign applications for a permit.Incomplete items will be put in writing for the applicant to fix
and resubmit in the ten day period.
Standard and Alternative sign permit
applications shall include specifics on the application and include items (a)
– (l) of this section.
Information Required for Temporary Sign
permit application will include size, all reasonable measurements,
location, materials and time duration, along with such information as it
deemed necessary by the Director of Planning or designee.
Oversight Committee:This is for “future” use if a historic
district is created.
Ron Wayt stated there can
not be a non governmental agency “telling” the town what they can or can not
do. There should be no oversight
committees unless it is part of the Planning Commission or Town Council.Terry Baker agreed.Section (6) Oversight Committee will be
Review and Action:Upon submission of a complete
application, the Director of Planning or designee shall process the
application within 15 working days.
There will be some slight modifications
to this section since some of the applications may go before the BZA.
Any final determination, made by the
Director of Planning Services or designee may be appealed to the Plan
Commission by filing a written notice of appeal with the Director of
Planning Services or designee within ten days of the determination.
Appeals will then be made to the Town
Inspections and Certificates of
Compliance:The installer will have
five days to notify the Planning Department for an inspection notice of
completion.If there are problems
with the sign, they will have thirty days to fix it unless there is
If deficiencies are not corrected by the
date identified by the Director of Planning or designee, the sign permit
shall lapse and the sign shall be removed immediately.
It is unlawful to maintain a sign or
sign structure without a validly issued sign permit unless the sign is
exempt from a permit requirement pursuant to this sign code.
Issued permits shall expire and become
void if the work authorized by the permit is not completed within 180 days
from the date of permit issuance or if the work is abandoned.
A sign permit shall lapse and be of no
further effect if the business activity on the premises or business is
discontinued for a period of 90 days.
All sign installers shall have an
electrical license to perform electrical work on illuminated or neon
The “Exception” statement will keep all
non licensed workers from doing work.
Status Report on the Heritage Trail Project
Connie Griffinwill start working with John Russell from INDOT on the public notice
“Request for Proposals for Heritage Trail”.Connie has been working with Rick Coppock to identify any businesses that
are disadvantaged and would be able to meet with consultants.
Connie Griffinmet with Town Council to review contracts from EcoLogic, Inc and
Schneider.There were several items the
Town Attorney felt needed to be revised.
Safe Routes to School Grant
Connie Griffinwill be meeting with Mr. Kain (School Superintendant) and the selected
consulting firm to begin the negotiation process.Sandra Hash stated that when the
consultant is selected, they handle the grant requirements.Connie will still have reporting requirements
due in October with INDOT.The MPO
reports were sent September 30th and quarterly reports will still
need to be submitted.
INAFSM Annual Conference
Connie Griffinstated the conference she attended provided a lot of Stormwater
information on containment.Jim Ragle is putting covers over the
fuel tank area and does not need secondary containment.The Street Department is beginning to label
their containers and putting secondary containment around containers.Connie will be working with the Utility
Department on getting “our own house keeping measures in line”.Containing things that are detrimental to
stormwater can really help the vegetation.Regina “Reggie” Korthals of IDEM will be conducting inspections for the
Stormwater permit renewal.Sandra Hash suggested incorporating the
informational educational training; Connie has received, into Kid’s Day at the
Fall Festival next year. Connie would like to focus on “storm decal marking” in
subdivisions that do not have a lot of traffic.
Privilege of the Floor – non Agenda Items
Safe Route to School
Russ Ryle asked:
·What part of the project is being negotiated with the consultants?Connie does not have the information this
evening but will get it to Mr. Ryle.
·Will the consultants be “doing the actual work” or just the plans? Connie
stated the consultants will be an engineering firm “doing the work”.
·Does the Planning Department have a design?Connie will be meeting with people regarding
designs on Monday.
Sandra stated the consulting
firm will develop the design and start the acquisitions process.The actual labor will be bid out.There is currently no design for this
Russ Ryle is concerned with
the current drainage issues in the area.Will their design be broad enough to address the drainage problems?Sandra Hash stated the Plan Commission can
not answer that at this time.Terry
Baker said the engineering firm will look at the stormwater, drainage and cover
all aspects.The engineering firm will
need to bring plans to the Plan Commission to review and comment on.Russ Ryle stated this is more than laying
concrete for sidewalks because the current ground does not have adequate right
a ways for the road itself.The yards on
Reeves Road rise and fall off from the pavement which
would not be a good foundation for sidewalks on either side.The land contour will cause stormwater issues
because the sidewalks will run east to west across the main stormwater drainage
path for two sections of land but the water wants to flow south to north.
Terry Baker is not sure what
the actual right of way is in that area.Russ Ryle stated the property deeds all say “you have eight foot from
the center line”.The only right a way
in the deeds is from the 1842 survey when Reeves Road was the old Spencer
Pike.Russ Ryle said the pavement on Reeves Road is eleven foot, a lane,
with three foot on the outside of the original eight foot road.There are major substructure issues on Reeves Road.Terry Baker feels the engineers will look
into everything thoroughly.
Penalties and Fines
Russ Ryle informed Terry Baker that at the last meeting Sandra Hash, Ron Wayt and he had a
discussion about the fine structure and penalties that have been put into code
with little or no success enforcing.Russ
Ryle asked Terry Baker to review the minutes from that meeting.The town recently hired a new attorney, who
does not know all the issues she is “walking into”.Sandra has spoken to the new attorney and has
made her aware.
Ron Wayt stated Reeves Road will eventually need to be
curved and drainage put in; will this sidewalk (we are talking about) be torn
out when this happens.Ron Wayt suggested
the engineers engineer this into the plan when the road is eventually expanded.Terry Baker said this will need to be brought
up to the engineers.
Ron Wayt explained his business turns collections over to a
company; who handle everything.If the
collection agency does not receive satisfaction they, as a collection agency,
have an attorney who will collect.There
are fees involved.It may be feasible to
use a collection agency.Sandra has
already spoken to one collection agency.
Reeves Road Drainage/Sidewalk
Russ Ryle stated the town will have a major land acquisition
cost and resistance.To update Reeves Road to the size thoroughfare shown
on the master plan there will be sidewalks within five feet of some
houses.The neighborhood will be
destroyed.Ron Wayt agrees and stated
this happened when State Road 46 went through.A temporary concrete sidewalk can not be placed.A “conservative option” could be to put a
storm drain under the sidewalk.The
green space between the sidewalk and the road would be sacrificed to do
this.Ron Wayt stated that when the town
applies for grants; a lot of this information being discussed tonight should be
taken into considered.What is the
“backlash” of the grant requirements are not completed.Will the sidewalks be used?Will this cause drainage issues?
Terry Baker stated “anytime
you go after grants, it will always end up costing money”.
Russ Ryle suggested the
schools desperately need “bus access” by bringing Sycamore Drive to State Road 46.It was his understanding that was being
quietly pushed together and part of the “Safe Sidewalks” plan.Sandra Hash stated the Plan Commission
has had very little involvement in the “Safe Route to School” grant
application.It has been discussed at
Town Council meetings but it is the school system that has presented the
plans.The Plan Commission can not speak
to what the “Safe Route to School” involves.
Russ Ryle asked what level
of approval will be needed from the Plan Commission and Town Council to proceed.Sandra answered there will be a design made
and many public hearings to receive public input.Sandra has not received any grant documents.The total grant amount is for $269,000.Once the plan is in place, the town can apply
for additional assistances.Sandra asked
Frank Nierzwicki if he wanted to comment on any of this, he did not.
Terry Baker entertained a motion to adjourn.Dan Swafford made the motion to
adjourn.Ron Wayt seconded.Terry Baker adjourned the meeting at The next
meeting will be November 5, 2009.