August 25, 2003



The Ellettsville, Indiana, Town Council held the Public Hearing on the 2004 Budget at 7:00 PM, Monday, August 25th, 2003.  David Sorokoty called the meeting to order at 7:01 PM. 


There were no public comments, so the meeting adjourned at 7:03 PM.                                                                                           



The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, August 25th, 2003 at the Town Hall located at 221 N. Sale Street, Ellettsville.  David Sorokoty called the meeting to order and Ray Freetage led in prayer.  Dean Wells, Troop Leader from the Boy Scouts, Troop #119 along with fellow Scouts led in the Pledge of Allegiance. 


Roll Call


David Sorokoty asked for roll call of the Council Members.  Members present were David Sorokoty, President; David Drake, Vice-President; Lisa Combs-Creech, Ray Freetage and Geraldine McIntyre.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney and Rick Coppock, Engineer.


Supervisors Present:  Jim Davis, Ron McGlocklin, Mike Farmer and Jeff Farmer.


Approval of minutes of the meetings on August 11th, 2003


Geraldine McIntyre moved to approve the August 11th minutes and Lisa Creech seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Geraldine McIntyre moved to approve the accounts payable vouchers.  Ray Freetage seconded.  Motion carried.


Street Lighting 


David Sorokoty explained when the Town entered into the contract with the State for the new highway the Town agreed to pay for the street lights.  At that time we were supposed to get a $200,000 grant from the State, however, the grant was revoked due to state budget problems.  The Town has a good operating balance currently and he feels we should proceed.  There will be fifty-six, twelve foot tall decorative lights which will be controlled by a photo-cell on and time clock off system.  Crider has installed the conduit and pull string.  Cassady Electrical Contractors, Inc. has offered their wiring services for $24,958.72 which includes pulling all light fixture feeds and to set the services.  The decorative lights will cost $47,409.60 for an overall total cost of the project of $72,368.32.  The Town has $13,889.83 cash on hand and will need to have an additional appropriation for the remainder of the cost.  Geraldine McIntyre made a motion to pay for the decorative lights and wiring in the total of $72,368.32.  David Drake seconded.  David Sorokoty asked for a clarification of votes and asked for a roll call vote.  Geraldine McIntyre - yes, David Drake - yes, David Sorokoty - yes, Ray Freetage - no, Lisa Creech - yes.  Motion carried 4-1.


Public Hearing on Fire Department Lease


Kathy Raver explained tonight’s purpose is to adopt a key resolution that approves the lease for the Fire Station which in accordance with the State statue requires a public hearing to hear concerns from the community to make sure the lease is reasonable.  There were no public comments.      




Resolution 19-03 Transfer of Funds


Lisa Creech read Resolution 19-03 which transfers funds:


From:  F-234 Fire Station Building Maintenance                     $2,000.00

To:  F-231 Truck Repairs                                                      $2,000.00


From:  MVH-122 Group Health Insurance                                $481.00

To:  MVH-341 Fleet Insurance                                                 $397.00

To:  MVH-342 Property & Liability                                $84.00


From:  P-232 Radio Parts & Supplies                                    $1,987.00

To:  P-341 Fleet Insurance                                                    $1,987.00

Geraldine McIntyre moved to approve Resolution 19-03.  Lisa Creech seconded.   Motion carried.  


Resolution 20-03 Approving Execution of the Lease Agreement for Fire Station


David Sorokoty gave an overview of the resolution.  Two appraisals were preformed on the property, one valued it at $215,000 and the other valued the site at $235,000 for an average appraised value of $225,000.  The same appraisers were used when we originally purchased the property.  This resolution approves the transfer of ownership of the project site to the Ellettsville Building Corporation which was established on August 11, 2003 in accordance to the Lease Agreement requirements.  Lisa Creech moved to adopt Resolution 20-03 whereas section 6 will say $225,000.   Geraldine McIntyre seconded.  Motion carried. 


Ordinances on First Reading


Ordinance 03-13 to amend Chapter 255 of the Ellettsville Town Code by adding 255-102 Commendation Awards


David Sorokoty explained this Ordinance describes the fifteen different commendation awards Fire Fighters and Police Officers can receive that go above and beyond the call of duty.  David Drake suggested removing the “on the basis of an attempted saving of human life” phrase in the Medal of Bravery Award saying this would narrow the description of bravery which would leave a gap for any type of courageous behavior and added the Bloomington Police Department has a “Life Saving Medal”.  Jim Davis commented the department felt like the Fire Fighters and Police Officers needed and awards program for some time and that’s why this document was created in the first place.  He added the Fire Department used other agencies documents to create this awards document and if the Council feels it needs to be amended, he is okay with removing or changing the wordage.


Ordinance 03-14 to create a fund for Drainage Repair


Sandra Hash explained the Town has received some monies from developer Charlie Wright for the drainage repair in The Meadowlands.  In order to spend the money for supplies it has to be in a non-reverting fund.  This will set up the fund to isolate the money to track how it’s expended.  David Drake moved that we suspend the rules to allow Ordinance 03-14 to be adopted on same day as introduced.  Ray Freetage seconded.  Motion carried.    David Drake moved that Ordinance 03-14 be adopted.  Lisa Creech seconded.  Motion carried.


Ordinance 03-15 to create a fund for Hazardous Materials


Sandra Hash explained the Fire Department intends to receive some monies for hazardous clean up, such as auto accidents.  The laws have changed and the Town can now receive money for hazardous clean up.   She added there are guidelines to follow when collecting the money; it pays for equipment loss and such.  Mike Spencer pointed out that this ordinance not only allows the Town to set up a fund to receive and disperse money but it authorizes the Fire Department to bill for their services as well.    


Ordinance 03-16 Chester Martin zoning change from R-1 to R-2 on Union Valley Subdivision


David Sorokoty read the introduction to Ordinance 03-16 to amend the zone maps and asked for public comment.




Jim McDonald, The Development Group, the developer of Union Valley Farms, which are single family residences adjacent to Chester Martin’s subdivision, does not like the idea of mixed zoning.  He added that Mr. Martin supposedly plans on build three duplexes and four single family homes.  If this Ordinance is approved he could build duplexes on any of the lots he chooses.  Three of the lots in Union Valley Farms adjoin Mr. Martin’s property and Mr. McDonald is concerned about his pending sales scheduled to close in November.  The purchasers of these three lots agreed to purchase their homes under assumption that the adjoining subdivision would be zoned R-1.  He doesn’t want that to jeopardize his sales.  He’s concerned the duplexes may become rentals and doesn’t




feel that renters have the same pride of ownership.  He does not want rental property next to Union Valley Farms.


David Drake as a member of the Planning Commission commented the Board felt mix uses are an important part of planning concept and there wasn’t a lot of differences in the uses between a single family home on a fourth of an acre and a mix of single family homes and a couple of condominium units on the same size lots.  He said this was a small development with not many units but if it would have been a large apartment complex the Plan Commission would have been more reluctant to zone it R-2.  


Ian Hall, adjacent property owner, questioned the difference between R-1 and R2, are the setback requirements the same and if approved will Mr. Martin have to submit plans and follow them or can he build whatever he wants.


David Drake explained the requirements are basically the same.  R-1 allows for only one residence per lot and the only difference in the R-2 zoning is that lot can contain two units still of a residential character.  R-2 allows for duplexes and the setback requirements are the same in R-1 and R-2.  He added R-3 allows for apartments.  Mr. Martin has to submit a development plan and site plan that has to be approved by the Plan Commission.  After the first approval if Mr. Martin decides to change the development then he has to go back to the Plan Commission again and several factors have to be looked at including traffic pattern, street size and if it is compatible with the requirements after approval he can proceed again.


Rick Coppock clarified if it is zoned R-2 Mr. Martin can build whatever fits into an R-2 zone based on the original approval of the plan that was submitted.  If the plan was submitted with the lot layout, the water, the sewer and the drainage but doesn’t include the style of buildings and it is approved at a straight R-2 then he can mix it up or put in all single or all duplex units.  The only way Mr. Martin would be locked into what is built if it is a planned unit development then the plan is fixed for that particular parcel.


Mike Spencer agreed with Rick saying if the zoning was approved then Mr. Martin can build anything that meets the standards.  He pointed out they are only approving the zone tonight not the project because it could change.


Lisa Creech mentioned the Town doesn’t have rental ordinances.  Rental issues have occurred this year so the Town needs to take this into consideration.


Chester Martin said these condominiums are to be sold not rented.  Mostly older people are planning on purchasing the condos.  There will be three 2-story duplex homes, three single story duplex homes and three single homes one of which is the home he currently lives in.  There are nine lots which will accommodate a total of fifteen families.  He’s contacted Brenda Lewis with homeowners management and an association will be established where the owners pay fees to maintain the grounds, such as lawn care and snow shoveling, etc.  The association will be responsible for the upkeep of the outside and the owner will be responsible for maintaining the inside of the home.  He closed by saying there wasn’t enough room to make the number of single family homes he would need to build to help pay for the expensive costs of building the road.  So he had Rick Coppock re-draw the plans with the correct specifications according to lot size, etc. to accommodate more families by changing some of the homes into condominiums.


Old Business


Kathy Raver, H. J. Umbaugh preliminary financial information for the Police Station and the Agreement regarding the Fire Station and Police Station


Kathy explained the same process will be followed for the Police Station as it was for the Fire Station with the Police Station project approximately being a month behind.  The twenty years financial option will also be used for the Police Station.  The Town’s annual payments on the two bonds will be level for the next twenty years.  She passed out a document that summarized the estimated project cost and funding for the new Station including a preliminary amortization schedule, an estimated annual lease rental payment, debt service tax rate and an estimated tax impact on the homeowners.  She pointed out in the Contingencies line extra money was allotted for the ground study.  The report has not been completed to know what will be needed to make the site suitable for the Station and




parking lot.  When more details are received approximately $200,000 may be removed if no additional work is needed on the site.  For the Budget year 2005 the tax impact for a homeowner may be $34 annually for a $50,000 home $221annually for a $200,000 home.  The total estimated project will cost $2,143,000.  The project will be funded with the $147,000 Build Indiana Grant, $11,000 cash from the Insurance settlement and with the proposed bond issued for $1,985,000.  She closed by saying the Police Station is expected to be completed by May 2004 since it is a smaller project.


David Drake questioned if the Town was committed to this site yet from any action that has been taken so far and suggested if it is going to cost an additional $200,000 to be suitable to build on then a new location should be chosen.  Kathy said no the Town has not been committed to this site yet and the bond will not be sold until the final costs are ready which will be sometime in November. 


Ray Freetage commented the company taking the core samples at the site has taken a second set of core samples and they have a good reputation for not making mistakes.  They will tell us if the site is not suitable to build on.  We are waiting to hear back from them still.


Bynum Fanyo & Associates, Inc. Architect Agreement for new Fire Station


Mike Spencer has reviewed the agreement and it has several holes in the agreement.   He will forward his comments to Bynum Fanyo. 


David Sorokoty questioned how not having the agreement signed will affect the upcoming meeting this Thursday in Indianapolis with the Department of Local Government Finance (State Tax Board). 


Kathy Raver explained if they question why the agreement has not been signed we will just explain the paperwork was submitted and the Attorney had comments but there wasn’t enough time for the Council to review it, send it back to Bynum Fanyo and then back to the Council to sign it by tonight’s meeting.  The meeting Thursday is a five member recommendation body and they will give a recommendation to the Department of Local Government Finance and they may not give their final opinion until we have the contract signed.  They don’t normally give their opinion for two or three weeks anyway, or they could approve it contingent upon it being signed so, she doesn’t feel that not having the agreement signed will hold up the project.       


New Business


Bloomington Hospital Ambulance Agreement


Jim Davis explained this was simply renewing the annual contract with Bloomington Hospital Ambulance Service with a 5% increase.  This contract provides a back up ambulance service which is housed at the Curry Pike Fire Station.  David Drake made a motion to approve the contract with BHAS.  Ray Freetage seconded.  Motion carried.


Deer Run, section 5 – Final Plat – 15 lots


Rick Coppock said this is a continuation of the Deer Run Subdivision.  The roads are in as well as the water and sewer.  They have a letter of credit for the remaining improvements to be done.  The streets will be blacktop instead of concrete.  David Drake made a motion to approve the final plat for Deer Run, section 5, 15 lots.  Lisa Creech seconded.  Motion carried.


Greenbrier Knolls, section 7 – Final Plat – 7 lots


Rick Coppock said it was originally planned as 8 lots but they changed it to 7 lots after looking at it again.  The corner lot area will be made in to a conservancy area and included with the other lot.  The homeowner of that lot will be responsible for that area.  They have a letter of credit for the remaining improvements.  David Drake made a motion to approve the final plat for Greenbrier Knolls, section 7, 7 lots.  Ray Freetage seconded.  Motion carried.


Universal Adcom Distribution Agreement of quick reference magnets containing emergency and community phone numbers




Sandra Hash explained Harold Hawley, Project Coordinator for Universal Adcom contacted us hoping the Town would distribute their magnets.  Ray Freetage made a motion not to be a distributor.  Lisa Creech seconded.  Motion carried.


Privilege of the Floor


John Litten, mentioned he came to the Council previously with problems with the developer not following the covenants and restrictions.  Tonight he presented a petition (35 names) from the residents of Edgewood Village Retirement Homes on Mustang Drive requesting the developer and realtors uphold the original agreement for the Senior Citizen development.  There are supposed to be age restrictions of 50 years or older to live in the development and there wasn’t supposed to be thorough traffic, such as school buses, because it was understood that no children would be living there.  However, one of the homes recently sold to a gentleman.  He and possibly one other individual are at least fifty years old, but there are 8 or 9 people living in it.  It’s only a two bedroom house and 4 or 5 of them are small children, in fact, some of them are living the garage.  The seniors are not used to watching for kids and are concerned about accidentally running over them.  Also because of the additional adults living there, six more cars are parked in several places which are a safety issue if trying to get a fire truck to a home.  The road has not been dedicated to the Town and there aren’t any “No Parking” signs posted, therefore, the Police when called said they had no jurisdiction on removing the cars in the streets.  Another problem is the one of the duplex apartments across the street which were supposed to be sold is rented to a twenty-seven year old man and his wife.  The man claims his father owns the duplex and he could rent it if he wanted to.  The area needs to be maintained better because it looks weedy and kids have broken out windows and knocked holes in the siding.  Another new house is being built and he doesn’t want more of the same problems.  He and the seniors want to know who is responsible for enforcing the covenants and restrictions.   


David Drake said the Town can not enforce the covenants and restrictions but the homeowners association can.  The only way the Town can enforce some things is if the stipulation is listed in the Planned Unit Development documents and those things were made as a condition of approval.  The Building Inspector can issue stop work orders for anything that is not in compliance and the Town could not issue any more building permits if the plans are not followed.  David said they will have to pass an ordinance to make it “No Parking” on the streets which the Council will work on.


Mike Spencer commented the only reason the Town got involved the last time with this development was because the developer wanted to change the covenants and restrictions by removing the fifty year old requirement.  The Town would not allow the change since it was a PUD and wouldn’t have issued more permits if the age requirement was removed so the developer did not remove it.   He added if the developer is violating the covenants and restriction this is a civil issue and the homeowner has every right to file a lawsuit against the developer.


Rick Coppock said the roads were accepted into the Town when the final plat was approved.  The road isn’t completely surfaced but they have a letter of credit stating it will be finished. 


Jim Davis will speak to Mike Spencer and check into the over population situation to see if anything can be done.


Bob Sowder represented the Chamber of Commerce as well as his and other businesses.  He said they are concerned about security problems and questioned the time frame on getting the new lights installed.


David Sorokoty did not have an exact date but commented he believes the installation should be completed the same time as the Highway 46 project completion.


Rick Coppock said CINergy will be putting in the cobra lighting at the street intersections which will probably be before the decorative lighting.


Sandra Hash added she still has to ask the Department of Local Government Finance to advertise for an additional appropriation which is a six week process.





Chuck Radke suggested the Council to look hard at the rezoning issue mentioned previously.  Thanked Rick Coppock for looking at the drainage issues.


Supervisor’s Comments


Mike Farmer said a year ago the Utilities Department rented a John Deere 260 Skid Loader from Holt Equipment for the Highway 46 project.  The rental agreement gave the option to purchase the skid loader including applying the rental payments at the end of the agreement. It is a versatile piece of equipment; it has a forklift, street/sidewalk broom and loader bucket attachments.  The equipment is worth $29,000 and can be purchased for $8,570.  Geraldine McIntyre made a motion to approve the purchase for $8,570.  David Drake seconded.  Motion carried.


Jim Davis gave an update saying there was a problem with grading between the carwash and fire department site.  Gary Farmer represented Crider & Crider, Butch LeJuene, owner of Water Works carwash, Architect Sherman Bynum and he met last Friday and worked out an agreement to remove the dirt behind and beside the car wash which will prevent constructing a $30,000 retaining wall between the carwash and the fire station site. 


David Sorokoty said Jerry Barnes estimated a savings of $100,000 for removing the soil. 


Lisa Creech said Mike Spencer had prepared the orders to declare the carwash on Temperance Street as unsafe.  Lisa summarized the paperwork which allows 30 days to clean up the site including demolishing the building.


Mike Spencer suggested sending a certified letter to the property owner as well as hand delivering a duplicate copy. 


The Hearing date will be Friday, September 12th, 2003 at 5:00 p.m. 


Lisa Creech made a motion to pursue the Unsafe Building Law on the car wash property on Temperance Street, that it should be accomplished by September 25, 2003.  That we will have the Hearing on September 12th, 2003 at 5:00 p.m.  Geraldine McIntyre seconded.  Motion carried.


David Sorokoty commented he has appointed Ray Freetage to write the job description for the new Zoning Administrator.  He closed with “Shop Ellettsville!”




David Sorokoty asked for a motion to adjourn.  Geraldine McIntyre moved to adjourn.  Lisa Creech seconded, motion carried.  The meeting was adjourned at 9:45 PM.




_____________________________                       ________________________________

David Sorokoty, President                                         David Drake, Vice President




_____________________________                       ________________________________

Lisa Combs-Creech                                                  Ray Freetage




____________________________                         ________________________________

Geraldine McIntyre                                                    Sandra C. Hash, Clerk-Treasurer