September 28, 1998

 

 

The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, September 28, 1998. Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, and Donald Ashley.Mr. Cornman called the meeting to order.Donald Ashley gave the prayer.

 

COMMENTS:

 

TRAFFIC CONCERN-JERRY PITTSFORD:

 

Jerry Pittsford lives at 322 s. 2nd Street.His house is at the corner of 2nd and Ritter.He has concerns about the traffic and he would like the Council to slow it down.He is also concerned about a possibility of a day care going in that area because of the traffic.

 

Mike Cornman said we would look into it and see what we can do.Mike informed him that the house (of the possible day care) is zoned properly.

 

MINUTES AND CLAIMS:

 

Mike Cornman asked is there a motion to approve the minutes and claims?Donald Ashley so moved.Geraldine McIntyre seconded.Motion passed 3-0.

 

ORDINANCE 98-22 AN ORDINANCE OF THE ELLETTSVILLE TOWN CODE CONCERNING EMPLOYEE HEALTH INSURANCE-SECOND ††††††††††††††††††††††††††††††READING:

 

Mike Cornman said we have asked to table this, it needs a little bit of work.

 

SKATE BOARDERS UPDATE:

 

Mike Cornman informed the Council that the skate boarding situation has been confirmed that the skate board group does have to meet with the School Board to get permission because the land is the School Boards at the present time.

 

ORDINANCE 98-23 AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY OF THE †††††††††††††††††††††††††††††††††††ELLETTSVILLE TOWN CODE: 2ND READING:

 

Mike Cornman read Ordinance 98-23 by title only.Mike Cornman said this is known as the Mitchell property.The address is Harbison Lane, also known as Old 46.Mike Cornman asked is there a motion to adopt Ordinance 98-23.Donald Ashley so moved.Geraldine McIntyre seconded.Motion passed 3-0.

 

RESOLUTION 6-98:

 

Mike Cornman read Resolution 6-98.Mike Cornman asked is there a motion to approve Resolution 6-98?Geraldine McIntyre so moved.Donald Ashley seconded.Motion passed 3-0.

 

JACKS DEFEAT CREEK WATER SHED/URBAN STORM WATER POLUTION CONTROL PROJECT (IDEM GRANT):

 

Mike Cornman said there is nothing new to report on this.

 

CLARIFICATION OF PERSONNEL POLICY ON HOLIDAYS:

 

Mike Cornman said this was brought up at the last meeting due to the fact that it was adopted that the day after Christmas as a holiday for the town employees.Town ordinance says if the holiday fall on a Saturday it will be recognized on a Friday, if it falls on a Sunday it will be recognized on Monday.Christmas is on Friday and the day after is on Saturday.Some of the employees would like to know which one they will have off.

 

There was some discussion on this matter.

 

Donald Ashley made the motion that we let the people off on Thursday, Christmas Eve, to take care of that date for Christmas.Geraldine McIntyre seconded.Motion passed 3-0.

 

NEW BUSINESS:

 

ORDINANCE 98-24 AN ORDINANCE AMENDING TITLE 2 OF THE ELLETTSVILLE TOWN CODE TO ADD CHAPTER CONCERNING PURCHASING RULES.

 

Mike Cornman said after future review and suggestion of the attorney, we need to have a work session with the Department heads, and the Town Council, excluding the Utility because this law doesnít necessarily apply to the utilities.Mike asked the attorney if he could come on Tuesday night.Mike Spencer thinks that is okay but he will get back with us.

 

ORDINANCE 98-25 AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITIORY OF THE †††††††††††††††††††††††††††††††††††ELLETTSVILLE TOWN CODE:

 

Mike Cornman said we are not going to read this tonight.They will hear a presentation from Brian Colton and Ty Connor on Annexation Fiscal Plan.

 

Brian went over the annexation fiscal plan for the McNeely Street annexation area.There are 8 different sections to the fiscal plan.

 

INDOT PROPOSAL-LAND WHERE OLD WATER TOWER WAS:

 

Rick Coppock is with Bynum Fanyo & Associates.Rick said this is a proposal from the state to buy fifteen hundred twenty eight feet (he thinks), 20 square feet, of right of way off the 4 acres the town purchased adjacent to the old water tank site.This is the right of way they need for improvements to State Road 46.The purchase amount that they have offered is $520.If you would equate that to what it would cost would probably be 30 cents a square foot, that is the average price for undeveloped property.It was appraised by an appraiser.The price is fairthe only thing is and he discussed it with Barbara today is about a driveway up there.She said if there is no driveway that is currently in use they donít plan a new driveway for the property.You would have to come back at some future time and apply for a driveway cut; you would have any problem getting.There is no use of the property right now.They put in a temporary gravel driveway to take down the old water tank.The $520 is probably a fair amount.

 

Mike Cornman recommends to the Council we approve the land acquisition from Indiana Department of Transportation of the Utility Department land.Is there a motion to that effect?

 

Donald Ashley asked Rick if they should go ahead and ask for that driveway?

 

Rick said if you had some specific use that they were thinking about at this time, you could probably ask for it and get it.He sees no problem in the future.They can not land lock you, they have to give you access, it is not limited access right of way.

 

Mike Cornman made the motion we sell the land to the Department of Transportation.Donald Ashley seconded.

 

Geraldine said she thinks before we do this we should have the Highway Department down here to ask them a lot of questions.Since we have voted on this the first time they were only going to take 2 houses, now they are taking 8 to 12 houses.She thinks they should realize what they are doing to the Senior Citizens community on Main Street.She has a big problem with that.If you look at the stakes and see where their right of way is, a lot of that right of way is right up to those peopleís doors.She is afraid we are going to end up like Walnut Street, ---- Walnut Street with the concrete barriers along the houses on Main Street.

 

Mike Cornman said this is how it is going to look at the Senior Citizens area.

 

Geraldine said I donít think they are saying what they are doing is what they originally said they were going to do.The maps they showed out at the High School have nothing to do with this.She really thinks we need to have them down here and have a public meeting let the people see what they are really going to do.There are an awful lot of upset people who have called her from Main Street that is loosing their front yard.

 

Mike Cornman said there is a motion and a second on the floor, is there any other questions?Motion didnít pass 2-1, Geraldine voted nay.

 

Mike Cornman said we need to check with Barbara Moore tomorrow, they will probably do the imminent domain thing now since we didnít pass this.

 

RELEASE OF REYNOLDS RETAINAGE:

 

Rick said Reynolds has just requested his retainage from the sewer plant project.It has been almost a year since we started taking flow to the new plant.Everything to be done is done and the only items that would have come up would be like warranty items, which they would have to take care of normally anyway.

 

Diana informed the Council the retainage amount as of today is $23,396.54.

 

Rick Coppock said it would be his recommendation to go ahead and release retainage.Mike Cornman asked it there a motion to that effect?Donald Ashley so moved.Geraldine McIntyre seconded.Motion passed 3-0.

 

FOREST VIEW-FINAL PLAT APPROVAL:

 

Rick Coppock said this is for Section III and is a continuation of Forest View subdivision that is being constructed by Charley Wright and Bill Deckard.The Plan Commission has approved this quite awhile back and it was just a mater of finishing out the public improvements.Everything is done at this time.They have asked to have the final plat approved.Rick went over the map with the Council.Rick said first they are asking for final plat approval for Phase III and then ask for final plat approval for Phase IV.Both of them are here tonight.

Rick said the Plan Commission on June 12, 1997 approved them both.

Mike Cornman asked is there a motion to approve final plat approval of Section III and Section IV of Forest View subdivision?Geraldine McIntyre seconded.Motion passed 3-0.

 

STATE FARM NEEDS PERMISSION TO USE SOME OF TOWNíS RIGHT OF WAY:

 

Jim Ragle informed the Council that where the State Farm office is the state is going to recurb 2nd streets.Their right of way on Vine Street behind them comes almost to their building and our right of way on the side comes to their building.They use the side on 2nd street for parking now.They are going to lose most of their front parking.

 

Mike Spencer said the thing to keep in mind is that they can not acquire by adverse possession from a municipality.It doesnít hurt you from that point of view.They are at risk because in that the town has the right to come in and say no at any time basically.You are not conveying them apiece of property; you are just permitting them to use.

 

There was discussion on this matter.

 

Jim Ragle will go down and look at it and get back with them

 

SUPERVISORS:

 

ELLETTSVILLE SIGN:

 

Mike Cornman said the welcome to Ellettsville sign on the West Side has to be moved.According to INDOT the present owner had no problem with us even putting it back in the same spot or same area.

 

COMMENTS:

 

TOWN COUNCIL MEETING CHANGED:

 

Mike Cornman informed everyone that the next meeting to the Ellettsville Town Council would be on Monday, October 12th at 7:30 p.m.

 

ADJOURNMENT:

 

Geraldine McIntyre made the motion to adjourn.Donald Ashley seconded.Motion passed 3-0.