OLD BUSINESSORDINANCE 00-23: ORDINANCE TO AMEND CHAPTER 831 WIRELESS COMMUNICATIONS FACILITY OF THE ELLETTSVILLE TOWN CODE:
Mike Cornman read Ordinance 00-23 by title only.
David Drake who was chairman of the committee to form the wireless communication ordinance gave a summary.
This ordinance is very similar to the county ordinance. It changes some of the districts. We decided to allow it only in commercial districts. It has a maximum of 199 feet on tower height. It allows coexisting on an existing site. If there is a request for a new one they must do studies to show why it needs to be in a different spot and why they need one of their own. It exempts public safety antennas. Requires greenery around out buildings. It talks about how to take care of a tower is it not going to be used any more. The set backs are front yard set back is 200 feet minimum in any zone, side yard adjoining a non-residential area the set back is 200 minimum and residential zone would require a 500 foot minimum set back. The back set back is the same. This is adjoining a residential; a tower cannot be in a residential.
David Sorokoty moved to accept Ordinance 00-23 an ordinance to amend Chapter 831 wireless communication facilities of the Ellettsville Town Code. David Drake seconded.
Stephanie Holmes, Herald Times Reporter, asked if we would only allow one tower in Ellettsville. David replied no there could be as many towers as necessary as long as they fit the requirements. Out goal is to encourage location on existing structure such as the water tower on McNeely. There are also strict guidelines on the construction. It requires monopoles 199 feet in height.
Dan Rogers informed the council that monopoles are not free standing. They require many guide wires to hold it into position. The safety standards of climbing those poles are unbealivable. A freestanding pole is much safer to climb. The monopole takes more acreage for the anchorage of the pole and requires fencing. The monopole is less offensive from a distance, more offensive up close. The communication is the same for either tower. The monopole would be more expensive to maintain. Trees can be planted around a freestanding tower, where no trees should be around the monopole. There was more discussion on the monopole construction and the effect of the weather on the amount of needed guide wires.
Mike Cornman conveyed his appreciation of the work done on this project but expressed that he was on the opposite end of the stick when it comes to the business community being able to communicate.
Jerry Pittsford feels the monopole is less desirable than the free standing, but we do need some way to regulate towers.Mike Farmer reiterated that the water tower on McNeely is fitted with a halo to accommodate communication devices. There is a deed restriction on the tower, but the person who owns that deed restriction has agreed to work with the Town of Ellettsville Utilities to have communication devices fitted for that tower.
Mike Spencer verified that the ordinance could be amended after the concerns were researched. The use of monopoles instead of freestanding was the main concern discussed.
Jerry Pittsford added the only call he received was a request to allow GTE to locate in Ellettsville to improve their local service. Discussion continued on the need to have some regulation in place. The moratorium expired on September 24th increasing the urgency to have some guidelines in place.
Rick Coppock suggested adding to the section on monopoles "other types of construction permitted upon review of the Plan Commission". This would avoid the need to the BZA step.
David Drake said the ordinance contains language that would require an addition review by the Plan Commission if there were variations required.
Motion carried with Mike Cornman voting no.
Approval of Standard Highway Utility Agreement-Highway 46 One Way Pair:
Rick Coppock, Bynum Fanyo and AssociatesRick presented verbally and in writing the information as follows:
The Standard Highway Utility agreement as presented at tonight’s Council meeting is for the relocation of the water and sanitary sewer lines along the proposed project. The agreement is considered an extraordinary work agreement whereas 100% of the relocation costs in excess of 10% of the total operating revenue is reimbursable.
The water line portion of the agreement will relocate approximately 10,655 feet of 8" and 12" ductile iron pipe. The relocation and upsizing of the lines will provide an increase in flows throughout the Town. These relocations have been coordinated with the McNeely Street Bridge Replacement and Sale Street Improvement projects. The reimbursement amount breaks down as follows:
Water Line (Materials & Installation) $537,290.00 (Work Performed by the Utilities Department)
Rock Excavation (Estimate Cost) $236,500.00
Equipment Rental (As Required) $ 48,000.00
Contingencies (@ 5%) $ 41,089.50
Construction Management $ 42,983.20 (Performed by Bynum Fanyo
Construction Surveying $ 16,118.70 Performed by Bynum Fanyo Associates
Total: $ 921,981.40
The total operating revenue for the water utility in 1999 was $973,681. Costs in excess of $97,368 (10%) would be reimbursable by the State. The estimated cost for relocating the water in the other phases, which was not reimbursed, was $261,870.16. Therefore, the Town will be reimbursed 100% of the estimated relocation costs or $921,981.40. The sanitary sewer line portion of this agreement will relocate approximately 8,000 feet of 8", 10", 15" and 18" vitrified clay and pvc sewer pipe. The relocated sewer lines will consist of 8", 12", 18" and 30" pvc pipe. The installation of these new lines will reduce inflow and infiltration and decrease wet weather flows to the wastewater treatment facility. These improvements have been coordinated with the McNeely Street Bridge project. The reimbursement amount breaks down as follows:
Sewer Line (Materials and Installation) $630,497.00 (Work performed by the Utilities Department or Bid to Private Contractors)Rock Excavation (Estimated Costs) $168,100.00
Equipment Rental $ 35,951.50
Contingencies (@ 5%) $ 41,679.85Construction Management $ 50,439.76 (Performed by Bynum Fanyo Utilities) Construction Surveying $ 18,914.91 (Performed by Bynum Fanyo Associates)
Total: $ 945,583.02
The total operating revenue for the sewer utility in 1999 was $1,677,984.00. Costs in excess of $167,798.40 (10%) would be reimbursable by the State. The estimated cost for relocating the sewer in the other phases, which was not reimbursed, was $112,531.55. The Town will be required to provide $55,226.85 in funds which is the difference between $167,798.40 and $112,531.55. Therefore, the Town will be reimbursed $945,583.02 less $55,226.85, which equals $890,316.17.
The costs for engineering, easements, and appraisals are not reimbursable as a part of this type of agreement.
The relocation of the sanitary sewer along Main Street from Sale Street to Matthews Street will move the sewer from in the street to the back of the properties on the north side of Main Street. The proposed sewer route will require easements along these properties and also, Roger New’s property at the intersection of Matthews and McNeely Streets. The property owners have been notified of the need for easements across their property. The cost for the appraisals will not exceed $3,000.00. This cost is based upon using First Appraisal Group at $500.00 per appraisal for six parcels.
Rick further informed the Council town crews would do all of the water work and as much of the sewer work as possible. Therefore we will not spend out the $55,000. We will provide in kind services for that amount. This contract is almost identical to the contract signed a few years ago to replace the line between Smith Road and the Rail Road tracks with the exception this one is one that they do not have to do. He feels we had help with this contract possibly from our State Senator.
Approval to Hire an Appraiser for Highway 46 One Way Pair Project:
Rick also explained the plan to move the 15" sewer line on Main Street behind the properties rather than in front of them increasing the size to a 30" line to match up with the line leading to the new Waste Water Treatment Plant. This would require easements and appraisals. The property owners are agreeable to the change. The cost of the easements and appraisals should not be more than $12,000.
Rick in response to a question said the cost to date have been paid with existing revenue and would not generate any rate increases. One of the differences in this contract compared to Phase I contract is that in Phase I the water lines were in the town easement and the engineering cost were reimbursable. In an extraordinary work agreement engineering cost are not reimbursable.
Mike Cornman stated because of the reimbursement situation we have we will have more than enough money to take care of purchasing the easements. Rick reaffirmed this information. Mike went on to say Main Street is in the 10-year plan for improvement. Instead of using our own fund to get this accomplished we will use
state funds. This will significantly reduce inflow and infiltration, which is very heavy on this line. Rick Coppock said Main Street and Temperance Street were in the Sanitary Sewer Master Plan. We knew this was coming up so we held off doing these. The plan called for the town to spend about $100,000 per year to replace different sections of line. The line on Main was vitrified clay line that was laid years ago. It has points in it that go up and back down again, so it doesn’t have very good flow characteristics. As part of the overall project it will tie into what we will receive reimbursement for on the McNeely Street Bridge project. It will be a 30-inch sewer line. The town will then have to pick up a little bit of the cost to connect that 30-inch sewer from McNeely to the back of the lots lines approximately 130 feet. This will also replace the section of line just before Roger New’s house where we have had problems with roots in the past backing up the sewer lines. We will have to put in new laterals for everyone, which will improve inflow and infiltration in that area. This will help reduce flows to the plant. The water line that will be installed will be a 12-inch water line that will come down Sale Street out to the west side. We will loop that back into the 12-inch line that comes in around Cooks driveway that will feed off the 16-inch line that runs from the new water tower. The 12-inch loop will greatly improve fire flow to the downtown area and to the west side. Part on this money will come from the downtown grant for Sale Street. One of the improvements was to upgrade to a 12-inch line one Vine Street and an 8-inch line up Sale Street to Highway 46 improving the fire protection from the present 4-inch line. New services are included in the agreement.
Mike Cornman said there is still water loss downtown from the old galvanized lines. Will that be replaced for the people? Rick replied the service will be replaced to the meter and a new meter will be placed. That is as far as we will go. We will also replace some fire hydrants and add some fire hydrants.
In response to a question of sewer becoming available to a small group of residence on McNeely Street who had requested a voluntary annexation for the purpose of obtaining sewer use. Rick stated the line still connects into the old plant line across from Roger New’s property. For them to get sewer they would have to tie into an 8-inch line, which is on Cook’s driveway between McNeely and the first building. They would have to run sewer line from the existing line East on McNeely to the front of their properties. It is a rocky area so it is a pretty high cost. They could put in a low-pressure system that would probably cost $12,000 to $15,000 a piece. They are on the East side of the creek and we will be working on the West side of the creek. Mike Cornman added when the original request was make they were told to work things out with Cook and nothing else happened.
Mike Cornman moved to approve the Utility Highway Agreement for State Road Highway 46 One Way Pair. David Drake seconded. Motion carried.
We need 6 appraisals at about $400 to $500 apiece to go behind the properties on Main Street. First Appraisal Group have done this for us in the past. They did the interceptor line appraisals and the line on 46 as well. They are very aware of land prices in this area.
David Sorokoty moved for approval to hire an appraiser for the Highway 46 Project. Mike Cornman seconded. Motion carried.
MINUTES AND CLAIMS
Michael Cornman made a motion to approve minutes and claims. David Drake seconded the motion. David Sorokoty questioned a claim to Alexander Camper Shells. Mike Farmer answered it was for a trailer hitch. Motion carried.
Approval of ankle surgery resulting from a workers compensation injury to Steven Bartlett:
Jerry Pittsford moved to approve the medical procedure for Steven Bartlett based on the findings of IPEP Claims Manager, Clara Adams. Mike Cornman seconded. In response to the question "who is Steven Bartlett?" Geraldine answered he is an Ellettsville Police Officer. He was injured during a call on August 21, 1999. Motion carried. There was some discussion on how the injury took place and the type of injury.
Jim Ragle Street Commissioner
Jim wanted to publicly express his appreciation by saying Thank You to Mike and Jeff Farmer and the Utility Department for their help during and after the storm on Wednesday night before the Fall Festival. With out their help that night and their
continued help he would not have been able to make it through the storm and the Festival. Thanks also to the City of Bloomington for lending a chipper and anything else we needed to get through the clean up.
Ron McGlocklin, Town Marshal
Ron submitted the following list of hours and incidents during the Fall Festival:
Full-time Police Officers worked 220 hours
Part-time Police Officers worked 4 hours
Reserve Police Officers worked 240 hours
Total man hours 464
Vehicle towed-was parked on Main Street Bridge
Friday night juvenile with knife was sent home-picked up by parent
Ron wrote in closing, over all the Fall Festival went really well. I would like to thank all parties involved, good job.
Geraldine told Ron they did a wonderful job this year.
Ron also requested permission to post a part-time Police Officer position. Tony Bowlen was hired by the Indianapolis Police Department. Geraldine requested the position to be posted at both the Bloomington and Indiana Police Department.
David Sorokoty made the motion to accept a part-time employee to replace the part-time employee we lost. David Drake seconded the motion. Motion carried.
Mike Spencer, Town Attorney
Mike reported to the Council he had talked to Mr. Petrangelo, the Attorney in Michigan, on Friday and he indicated he has the packet and he will be reviewing it and filing it with the City.
David shared his experience trying to get home during the storm on Wednesday. He spoke of the confusion until he reached the intersection of Smith Road and Highway 46. There were two Ellettsville Volunteer Fire People directing traffic helping people get through a flooded area. The elementary school has holding all the buses, in Bloomington they were dropping kids off. On reaching home all is well except some neighbors have lost trees and limbs. Then the Farmers went past the house in a front-end loader. More important than the clean up was the fact that with the help of the Policemen, Firemen, Street and Utility workers order was being restored to the community. The four departments are the strength of the community. Bloomington was chaotic but Ellettsville was peaceful. With this storm happening just before the Fall Festival he held them in the highest regard and complements them for a magnificent job.
David also said good job after the storm and both full-time employees and volunteers did a great job at the Festival and it turned out real well.
Mike said it is always nice to see the community involvement during the Fall Festival. One of the concerns has always been the liability and what might happen if there was a major incident. There was the possibility of an apartment fire near by the festival grounds. Because there was a lot of people downtown and a fire fighter just a block away they were able to divert a potential disaster. Had it been a normal situation there probably would have been an apartment fire. It was a box that had begun to smolder. That is why we are there; to make sure nothing big happens.
On the storm the Fire Department cleared about seven roads between the town and the township. We do not normally clear roads but in an emergency situation you do what you have to do. We were dispatched to 8 calls but we made 27 responses in a three hour period and the Police Department were right there beside us on most calls. There was loss of telephone and electric service, which created problems for people on home oxygen, home dialysis. These people need to be checked on. It was all taken care of and we did not reach a dangerous level. After it was said there was a tornado within 30 seconds the tornado alarm went off. This is something that didn’t happen in the past. The emergency advisory council, John Hooker, and Kirk White did a fabulous job of getting that system set up and it worked.
Geraldine also wanted to thank all departments for a job well done with both the storm and the Festival.
Mike Cornman made a motion to adjourn. David Sorokoty seconded the motion. Motion Passed. Meeting adjourned at 8:27 PM.
D. Geraldine McIntyre, President
Jerry Pittsford, Vice President
Sandra C. Hash, Clerk-Treasurer