September 24, 2001
The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, September 24, 2001. Jerry Pittsford called the meeting to order and led the prayer. Michael Cornman led the Pledge of Allegiance.
Jerry asked for roll call of Council Members. Members present were Jerry Pittsford, President; David Sorokoty, Vice President; Michael Cornman, David Drake, and Geraldine McIntyre. Also present were Sandra Hash, Clerk-Treasurer and Mike Spencer, Town Attorney.
Approval of the Minutes of the regular meeting of September 10, 2001
A motion was made by David Sorokoty and seconded by Geraldine McIntyre to approve the minutes of September 10, 2001. Motion carried.
Ordinances on First Reading
Ordinance 01-25 adding Chapter 266 to the Ellettsville Town Code concerning the issuance and use of credit cards
Jerry Pittsford introduced the ordinance and David Drake read it by title. Jerry Pittsford questioned if this is in order to comply with Indiana Statue for accounting purposes. Sandra answered yes; it also allows the Marshals and Firemen to carry a fuel charge card in the vehicles. After some discussion it was to decided to make the following changes:
· Changing the title of 266-15 to read Credit Cards for Marshal, Deputies and Firefighters for the purchasing of fuel only
· Replacing the word gasoline to fuel in 266-15 (b)
· Adding fuel credit before the word cards in the first two sentences of 266-20 (c)
· Changes estimated to actual in the third sentence of 266-20 (c)
Ordinance 01-26 changing the zoning at 200 S. First Street from R-1 to C-2
Jerry Pittsford introduced the ordinance and Mike Cornman read it by title following with a summary on the location “parts of lots 5 and 6 in Ritter’s Addition in the Town of Ellettsville in the area of 200 South First Street”. Rick Coppock explained C-2 is a neighborhood commercial district, which would consist of businesses that would be used by the neighborhood. C-3 is a tourist’s commercial area. Jerry added this has always been used as commercial property. Rick responded it could not be verified that this property was ever zoned for commercial. Sandra explained the new owners wanted to make an addition to the building. They applied for a building permit and the Building Inspector checked the zoning and found it to be R-1 therefore generating the request for the change in order to make the improvements.
The Council decided to approve the ordinance on the first reading. David Drake stated this is forwarded from the Plan Commission with a favorable recommendation. It is bordered by the Elementary School, which is C-3 and surrounded on three sides by a parking lot.
David Drake moved to accept Ordinance 01-26, seconded by Geraldine McIntyre. Motion carried.
Resolution 14-01 Transfer of Funds
Geraldine McIntyre read the resolution. The transfers in the Police line are to cover overtime created by the Fall Festival. The Park and Local Roads and Streets transfers were to cover overage due to the basketball courts and the street sweeper.
David Drake moved to accept Resolution 14-01. Geraldine McIntyre seconded. Motion carried.
Mike Farmer, Ellettsville Utilities
Geraldine McIntyre moved to amend the agenda allowing Mike Farmer to address the Council. He needed to attend another meeting. Mike Cornman seconded the motion. Motion carried
Mike Farmer requested approval for 4 employees to attend the International Construction and Utility Equipment Exposition in Louisville. It is the largest display of technology and equipment related to our industry in the world. The expense would be for meals and mileage.
David Drake moved to approve the travel to the International Construction and Utility Equipment Exposition for the Utilities Department. Geraldine McIntyre seconded the motion. Motion carried.
Mike also explained the position in the Utility Office vacated by Amber Ragle would be filled by an internal applicant, Lynn Weiss, Deputy Clerk. They received 4 applications. Geraldine McIntyre moved to approve the hiring of Lynn Weiss, Deputy Clerk to the billing clerk position. Mike Cornman seconded. Motion carried.
Ordinances on Second Reading
Ordinance 01-22 to amend sections 813-10 and 813-35 of the Ellettsville Town Code concerning off-street automobile and vehicle parking (favorable recommendation from the Plan Commission 9-6-01)
Jerry Pittsford asked if there was any discussion on this ordinance. Mike Cornman asked how this would be enforced. David Drake answered all zoning violations according to code are enforced by the Building Inspector. He added it is the same as Bloomington the Planning Code Inspectors enforce the building codes. There was a long discussion on gravel driveways and how it would be determined who put driveways in after 1995 when it was added to the code that gravel driveways would not be allowed in Ellettsville. David Drake stated Bill Land plans to revamp the building code section after the Comprehensive Plan is completed. He also would like to see enforcement of a driveway permit which would inform the citizen on the proper installation of the driveway. Jim Davis, Building Inspector discussed the difficulty in determining when a drive way might have been installed. David Drake explained this ordinance does not change the gravel driveway restrictions. This only makes three minor changes in the wording of the current ordinance. 1. The yard area can be used for uncovered parking for six or less vehicles would be changed from front yard area. 2. Adds parking on a lawn shall be prohibited. 3. Changed parking areas to driveways. David Sorokoty feels maintenance of the existing gravel driveways also needs to be addressed. Jim Davis requested direction on how to enforce it and what is expected from him on the enforcement. Jerry replied it should definitely be addressed with new construction and if informed of a new installation on an existing property. Jim Davis said there is also another problem in the code. The entrance of a drive way must be 5 foot from the property line, but the remainder of the driveway is not addressed.
David Drake said when parking on the lawn was brought to his attention he tried to rectify it with as minor and less complicated way as possible, with the thought that the zoning ordinance was going to be updated anyway. We have so many things in our code that is not adequate.
Bob Sowder brought up the question, is this just for long-term parking or is it all parking.
Mike Spencer said in response to Mr. Sowder’s question he feels the language of the ordinance is clear parking on any portion of the lawn is prohibited. It does not say you can park on the lawn to wash your car or if you have extra guests. It says it is prohibited. That is pretty clear it is prohibited. Jerry Pittsford added there are times you can’t park in your drive such as when you seal the blacktop; you need to park in your yard. There were several suggestions on how to reword the ordinance to allow for special exceptions.
David Drake informed the Council in order to make changes it would have to go back to the Plan Commission. The Council can only except or reject the ordinance.
David Sorokoty moved to reject Ordinance 01-22 to amend sections 813-10 and 813-35 of the Ellettsville Town Code. Mike Cornman seconded. Motion carried.
Geraldine McIntyre said the code has been revised requiring all new construction to have a double driveway for 2 cars several years ago.
Ordinance 01-23 the voluntary annexation Zion Church of the Nazarene – Foster and McCoy property
Geraldine McIntyre made a motion to pass Ordinance 01-23 the voluntary annexation of the Zion Church of the Nazarene – Foster and McCoy property. David Drake seconded. Motion carried.
Ordinance 01-24 to amend section 890-20(d) of the Ellettsville Town Code concerning fees
Jerry Pittsford explained this amendment allows for all other structures, which will cover institutional buildings. David Sorokoty made a motion to accept Ordinance 01-24 to amend section 890-20(d) of the Ellettsville Town Code concerning fees, seconded by Mike Cornman. Motion carried.
Building Permits for Edgewood Village
Rex Voils of Voils Construction requested the moratorium be lifted on the Edgewood Village building permits.
David Drake reported the Plan Commission approved a preliminary plat for the duplexes in the Edgewood Village development. The site plans appear to be in compliance with the PUD and covenants and restrictions. They did not take any action on the building permits because that came from the Council. Rex confirmed there would still be 24 houses along with the duplexes.
Mike Spencer has received a copy of the covenants and restrictions and it has been returned to the original language requiring a resident to be at least 50 years old. This was the reason for the moratorium and it has been corrected.
David Sorokoty made a motion to lift the moratorium on the Edgewood Village regarding the age limit since it has been reinstated to the original plan. David Drake seconded.
John Litten said he thinks the partially finished home’s building permit has expired. Would another permit be required? Jim Davis answered an extension can be requested if the permit has not expired. Otherwise a new application should be made.
Rex said the home has not been sold; therefore the home is not finished. The new owner should be able to pick out the floor coverings, lights fixtures and other features. Rex discussed the problems he has had with selling the homes. He feels the market is not there for $100,000 homes for people 50 and over. He hopes to have better response on the duplexes. He has a lot of money tied up in the infrastructure and he needs to start selling dwellings. They have been on the market for 2 years and only 3 homes have sold. The Council expressed their concerns with the unfinished home. David Drake said he feels the house should be enclosed and dried wall completed so it is closer to completion. This would make it better for the current residents adjacent to the vacant home
Rex explained to the Council several things that his construction company had done for the town and school. They donated the land for the Endwright Center, widened Edgewood Drive, and gave fill dirt to the school for the softball field. He feels they have bent over backwards to help this community.
Mike Cornman said mowing or bush hogging should be done to maintain the grass and weeds on the vacant building lots. The town ordinance says the grass should not be more than 9 inches. The grass and weeds should be cut on the lots across from the adjacent apartment buildings and beside the existing homes.
Judy Litten said this 4th lot has been unfinished for over a year. She would like to see the dumpster removed from the unfinished home. She request this home be completed before he starts the duplexes.
Jerry called for the vote. The motion carried with Geraldine and Jerry voting against lifting the moratorium.
Rex requested a letter stating the moratorium has been lifted.
David Drake requested Jim Davis investigate the building permit to see if it has expired and if they are required to complete the home in the permits time limit.
Action to pay Accounts Payable Vouchers
Mike Cornman moved to approve the accounts payable vouchers. David Sorokoty seconded. Motion carried.
Jim Davis presented an agreement between the Ellettsville Fire Department and the City of Bloomington Fire Department concerning interlocal cooperation. It will be reviewed by Mike Spencer and presented at the next meeting.
Ron McGlocklin requested a letter of permission from the Council to have Smithville Telephone install DSL internet access. This would be paid by the SHOWCAP grant. Jerry agreed to furnish the letter through e-mail.
Sandra Hash confirmed the transfer of employees as mentioned by Mike Farmer. Lynn Weiss the current Deputy Clerk will move into the billing position and Amber Ragle will become the new appointed Deputy Clerk.
David Drake expressed his pleasure to see the State Highway Department had put in a driveway cut at the old water tower site on Main Street. This will allow access to this parcel, which could someday be developed into a park.
David Sorokoty thanked all the Fall Festival volunteers, Police, Fire department and Street Department for all they’re help with the Festival. As a volunteer himself he realized just how much work is involved in putting on the festival. The town needed the festival more than ever due to the terrorism in New York and Washington D.C. He shared his feelings and the effects of the attack on our country.
Jerry Pittsford challenged the other Council members and Town employees to make a donation to the Always Remember 9-11 fund. The project is a joint effort from the National League of Cities and the state municipal leagues through Indiana Association of Cities and Towns. The Always Remember 9-11 Fund will be used to provide assistance to the families of public employees who were killed or injured in the attacks and to public organizations affected by the attacks. Funds will be used to meet short and long-term health, financial, and educational needs of public employees and families directly affected by the terrorist attacks. Funds may also be used to provide supplies, equipment, and other support to public organizations directly affected by the attacks and the recovery efforts. The fund provides one way for city and town employees to support colleagues and families directly affected by the September 11 attacks. Jerry pledged his next town paycheck to the fund and requested Sandy collect the donations and forward them to IACT. Jerry also spoke of the patriotism he felt during the parade as the Fire Fighters, and other safety employees passed by.
A motion was made by David Drake seconded by Geraldine McIntyre to adjourn. Motion passed. Meeting adjourned at 9:00 PM.
Jerry Pittsford, President David Sorokoty, Vice President
Mike Cornman David Drake
Geraldine McIntyre Sandra C. Hash