Zionsville Safety Board

Mayor 317.873.5410 fax 873.8021 Town Council ZIONSVILLE SAFETY BOARD 317.873.5130 MEETING AGENDA fax 873.8021 Monday, May 20th, 2019 Deputy Mayor 317.873.1589 8:00 a.m. fax 873.8021 Zionsville Town Hall Finance & Records 1100 West Oak St 317.873.5410 fax 873.8021 Meeting Room 105 Police 317.873.5967 1. Call to Order fax 873.8026 2. Approval of April 15, 2019 Memoranda Minutes Fire 317.873.5358 fax 733.3022 3. Reports A. Police Department Parks & Recreation B. Fire Department 317.733.2273 fax 733.2275 4. Old Business: Planning & Economic A. Willow Ridge Gating Proposal Development 317.873.8247 fax 873.8021 5. New Business: None Town Court 317.873.8240 fax 873.8021 6. Adjournment (Next Meeting Monday, June 17, 2019) Streets/ Stormwater 317.873.4544 fax 733.2275 Waste Water 317.873.2332 fax 873.8428 billing only 317.873.2469 1100 W. Oak Street • Zionsville, IN 46077  Staff Comments 05/13/2019 Petitioner: Willow Ridge Subdivision Representative: Elizabeth Shively Request: The Willow Ridge Subdivision is seeking permission to privatize the streets, and to gate the front and back entrances to their neighborhood. Town Legal Per your request, you asked me to review the Willow Ridge Gating Proposal that was submitted and discussed at the April 15, 2019 Zionsville Safety Board meeting. As presented by the Willow Ridge Neighborhood Association, the Association is seeking approval from the Safety Board (and ultimately the Town) to privatize the streets and to gate the front and back entrances in the Willow Ridge neighborhood. The Association represents that the cost of the gates and street maintenance will be paid solely at the Willow Ridge HOA’s cost. You requested my opinion as to whether or not the Town could (or should) consider approving this proposal. While there is nothing statutorily that prohibits the Town from considering such a proposal, there is also nothing that requires the Town to consider or approve such a request. That said, I believe the current request is beyond of the scope of the Safety Board and could not be approved at that level (although a recommendation could be made by the Board – but final action could not be taken). While there are no legal prohibitions for the Town to approve this proposal, it is my strong recommendation to deny the proposal based on the following: • The proposal will have a significant short-term and long-term financial cost to the Town (both in financial and human resources). Petition to Vacate: • The proposal is seeking to privatize the town-owned street system. This proposal would need to be reviewed and approved by the Town Council (and is beyond the authority of the Safety Board to approve). The approval of a Vacation Petition would need to be reviewed/approved by the Town Council (see, Ind. Code §36-7-3-12 and Section 193.091, SCO).  • Additionally, the Town’s Plan Commission would need to review and approve the Vacation of the public ways within Willow Ridge and all publicly dedicated easements. (see, Ind. Code 36-7-3-16a, Section 193.091, SCO). • To consider a Vacation of a public road requires a petitioner to file a Vacation Petition, and associated supporting documents, with both the Town Council and then the Plan Commission. A public hearing on the Petition is required at both bodies. Additionally, favorable consideration of the Petition must be provided by the Town Council before the Plan Commission may consider a request to vacate either the public ways or easements. (see, Section 193.091, SCO). • As part of the Vacation process (as facilitated by the Plan Commission), Notice will be required to be provided to all entities having rights or interests to the easements, as well as the original party (or entity) which granted the easements. Notice must be distributed by the applicant/petitioner seeking the Vacation. • The action of vacating of right of way results in the adjoining land owners obtaining ownership of the vacated right of way. If the Vacation petition were to be approved, then the Association would have to take the necessary steps to acquire the right of way from the private owners (subsequent to the recordation of the petition to Vacate). • The Town would have significant legal expenses and administrative time in achieving the steps noted above. Ongoing Easement and Maintenance for Town-Owned Assets: • The proposal does not consider the ongoing additional financial and administrative expenses to the Town for other Town-Owned Assets (like sewer infrastructure, road signage, etc.). If the Petition to Vacate were approved, then the Town would have to secure proper easements to maintain sewer infrastructure and other utility infrastructure under the roads. Additionally, the Town would have to renegotiate any existing agreements between the Town and private utility providers for private utility infrastructure under the road ways. • The Town would be burdened with additional time and expense to gain access to the other Town-owned infrastructure – including now having to contact each owner with an easement anytime work is to be performed. • Additionally, the Town will be limited in assuring that our below-ground assets are maintained and not negatively impacted by future building or improvements in the neighborhood. Previous Plan Commission Approvals: • It is my understanding that the Willow Ridge Developer did not originally request a gated community when appearing before the Plan Commission and Town Council for planning approval. Had this been done, the Town would not have expended tax payer dollars to invest in the road infrastructure. The Town has had considerable expense including engineering, design, drainage mitigation, street signs, ADA compliance, etc. • The road was built as a connector to and from other Town roads. Therefore, allowing the proposal to move forward will significantly impact other Town residents who may have made decisions to locate based on the availability of this connector roadway. The proposal fails to consider the impact on these  other Town residents whose tax dollars were used to be build/maintain the roadway and corresponding infrastructure. Police and Fire: • While the proposal contemplates access for police and fire to residents of Willow Ridge, it fails to take into account how privatizing the connector roadway may impact other Zionsville residents in an emergency event. Without the connector roadway, emergency response may be slowed to neighboring communities. Other considerations: • The proposal does not contemplate how the road way will be insured. • The proposal does not contemplate other (less intrusive) ways to mitigate the speed and flow of traffic using the roadway. • The proposal does not spell out how the HOA will fund the maintenance and repair of the roadway in the short-term and long-term. It would be very costly for the Town to divest this asset and then later be asked to take a roadway back into our public system if it could not be properly maintained by the HOA. Additionally, I am very concerned about the snowball effect of such a proposal. If such approval is granted for Willow Ridge then it will be difficult for the Town to not consider similar proposals from other subdivisions located within Zionsville. The Town would be put at a significant disadvantage if we had multiple subdivisions with connector roadways approved as gated communities. It is for all of these reasons and more, that I would urge the Safety Board and the Town to reject this proposal. Please let me know if you have questions or need additional information. Thank you, Heather Willey | Partner Barnes & Thornburg LLP Planning & Economic Development Our Department has conducted a review of the Willow Ridge proposal and offers the following comments: • The Petition requests the “privatization” (page 10 of the proposal) of the internal street system. This action will require the Town Council’s approval in the form of a Vacation Petition. (Section 193.091, SCO; I.C. 36-7-3-12) • As well, the Vacation of the public ways within Willow Ridge and, in addition, the publically dedicated easements, will require the approval of the Town’s Plan Commission (in addition to any action taken by the Town Council). (Section 193.091, SCO; I.C.36-7-3-16.a) • Facilitating the Vacation process will require the filing of a Vacation Petition, and associated supporting documents (to be discussed at a public hearing). Favorable consideration by the Town Council is required to have occurred prior to the Plan Commission considering a request to vacate either the public ways or easements. (Section 193.091) • As a part of that Vacation process as facilitated by the Plan Commission, Notice would be required to be provided to all entities having rights or interests to the easements, as  well as the original party (or entity) which granted the easements. Notice is distributed by the Applicant seeking the Vacation. • The action of vacating of right of way results in the adjoining land owners obtaining ownership of the vacated right of way. The Home Owner’s Association will then need to take steps to acquire the right of way from the private owners (in tandem or subsequent to the recordation of the petition to Vacate). • The proposal appears absent of any information on management of drainage infrastructure, management of any contemplated street trees (size, spacing, and species) and street lights. Further, Americans with Disabilities Act (ADA) compliance associated with curb ramps (as many if not all were constructed by the developer prior to adoption of current standards by the State of Indiana) is not addressed. These and additional items would be discussed by the Plan Commission during the consideration process associated with a Vacation Petition. • Our Department has not identified a community wide public benefit associated with the current proposal. Further, the proposal lacks a detailed analysis of alternative solutions, such as the implementation of traffic calming measures, which could serve to reduce or eliminate the concerns identified in the proposal. Absent this information, our Department is not in a position to support the request as currently proposed. Streets and Stormwater Upon review of the proposal submitted by the Willow Ridge Homeowners Association requesting the privatization of certain streets to allow for the installation of access gates I offer the following comments: 1. The distance of the southern gate from Willow Road should be reviewed by an engineering firm for adequate storage based on anticipated peak hour traffic volumes, particularly in the PM when residents typically return from work. 2. It should be clarified that the gates are intended to control vehicular access only, and that pedestrians, resident or other, will have access to sidewalks. The gates will also limit recreational cycling opportunities unless cyclists wish to walk their bikes on the sidewalks around the gates. 3. The northern gate is labelled “Resident Only”. It should be clarified if this access is also available to service providers, deliveries and school busses. 4. While the gating will reduce the amount of traffic, studies have shown repeatedly that they do not control the speed of residents once through the gate. Alternate traffic control measures are permitted upon public streets and have been implemented in other areas. 6. A few justifications were offered by the HOA beyond just the desire to restrict access to community, two of them being cost savings to the town by eliminating the need for public funds and resources to repave/repair streets as well as winter snow removal. There is nothing prohibiting a private entity such as an HOA from funding repairs or resurfacing of public streets. An HOA may also contract for private snow removal; this is in fact quite common in rural county subdivisions and larger municipalities. 7. The storm sewer system, exclusive of the detention pond facilities, are maintained by the Boone County Surveyor. This office should be made aware of privatization initiatives in order to coordinate activities, including any emergency response needed for flooded conditions. 8. If privatized, and if the HOA desires to continue receiving seasonal services such as leaf collection and brush/limb collection, the Street and Stormwater Department will need access codes. Otherwise, these services will be suspended. 9. The privatization of the requested streets will likely have no impact to this department’s operations; less revenue will be received from the state distribution of the gas tax and other sundry state revenues. However, this proposal is not supported given the loss of access and routes to area residents. Additional comments may result upon receipt of further information or discussion. Police I am deeply concerned about the proposal to gate the area of Willow Ridge. Most of my concern is the delay in responding police units in the case of when an emergency response is required and enforcement of traffic laws. The delay caused by having to access a Knox Box could potentially be life threatening. The activation of a siren is not a good option as it could possibly alert a suspect of police response. Even if a key pad was accessible, this could possibly cause a delay in response time. If this project is to be approved a key pad is an absolute must for responding police units. The access numbers to the key pad will have to be provided to all of the Zionsville Police Officers, Boone County Sheriff’s Officers, Indiana State Police Officers and the Indiana Conservation Officers working Boone County. The privatization of the streets within the proposed area will not be covered under the traffic control ordinances of the Town of Zionsville or Indiana State Statutes that are infractions in regards to enforcing traffic laws. e.g. speed limit, stop signs etc. Robert Knox Chief of Police Zionsville Police Department Administration Town Administration firmly supports its staff in the many concerns raised relative to this proposal. There are many “unintended consequences” in moving forward with this action – all well-outlined by our staff. Perhaps the most important and concerning item to note is the precedent that such an action will take for other similar neighborhoods that would desire to follow the same course by gating off public streets within their subdivision. As a Willow Road resident, we too enjoy that sidewalk and have used it to bike/take the stroller on from Willow Road, across 421. I would assume other bikers and walkers around that (heavily) residential area enjoy the path too. It’s a pleasant, well maintained part of the Zionsville pathway system, and offers a link to two different areas that you could otherwise probably only get to by car. – Amanda Dorman Vela One more point. From a PR angle, our paths and trails are a “bragging right” in Zionsville, a reason we are consistently ranked the best place to live in the state, best place to raise a family, a “Bike Friendly Community,” etc. The more we can keep, maintain, and add, the more attractive Zionsville stays to residents and visitors, and becomes to potential residents and visitors. - Amanda Dorman Vela Parks Department I will check with the Park Board President to see if he wishes to place this on the March agenda for Board level discussion and/or position on this matter. In terms of complete disclosure, there have been occasional comments from a few citizens about having a park in this area, but that has yet to gain much momentum and it may well be that this gating proposal would have no bearing on that separate matter in any case. Also, it may also be the case that the Town Council’s Pathway Committee may have some thoughts on the proposal, but that is broader question than just the park side so I’ll leave that to others to explore. Regarding allowing the gating Willow Ridge neighborhood off, I am sure others are looking strongly at the public safety side, how the issue may or may not impact street matters, stormwater matters, potential sanitary sewer issues, etc. But since you asked for pros and cons, I can think of one potential con and unintended consequence if this were implemented. And understand when this is mentioned, it is with an understanding some may view it as a minor issue. But it will be a negative impact. But given that Zionsville has just recently been awarded the Bronze designation for being a Bicycle Friendly Community (for the second consecutive cycle), it should at least be mentioned that implementation of this proposal to privatize these streets and the proposed gating would remove a low- vehicular-volume bicycling route from the small inventory of such available routes. And it does so in an area where there are not a lot of alternative linkages running the same general direction. Between the length that would be privatized and the “dead end” in the still public streets to the north of what they term their north gate, a ~2-mile, north-south bicycling link would lost. Or at the very best case scenario, have its usage restricted to only the residents doing the gating. And it does so in an area where there aren’t a lot of other nearby options (really only one,, and that is less desirable for many riders). I was first introduced to this route when Zionsville High School Principal, Tim East, led he and I along these quiet, winding public streets. Mr. East related that he likes this route because of the low volume of cars and the fact it has some interesting rolling topography to the streets (at least rolling from a bicyclist’s perspective). He has also mentioned that while he typically isn’t riding it as a group, but he has seen a few other bicyclists using this link as well. I also have also occasionally observed other riders on the other times I have bicycled this route. The value of this route is that there aren’t a lot of north-south linkages on the east side of 421, especially that connect to signalized crossings of 421. And it could certainly be argued that no other N-S route in this area has as quiet of a 2 mile length. The nearest alternative bicycling routing that would provide a similar connection between 146th street and Willow Road would be the work-around by going further eastward into Hamilton County and using Little Eagle Creek Ave/West road before heading back west to Zionsville on Willow R or 146th St (depending on direction of travel). While this is only between ¾ to 1 mile longer, the Little Eagle Creek Ave route does take the bicyclist on a much busier vehicular route. And the Eagle Creek Ave work-around route has a much narrower ~9-foot travel lane. This makes this longer, more heavily-driven, alternative routing fully 25% (3-feet) narrower than winding, quiet ~12-foot travel lane (road-half) that residents are looking to close off. And given that the Town Council level has blessed their Pathways Committee submission of a “Walk-Friendly” designation as well, it should be further mentioned that the implementation of this privatization/gating proposal, would also do the same for removing a 2-mile pedestrian link/route/opportunity as well by taking public sidewalks out of play. And while I haven’t walked or bicycled through there with a specific eye towards pedestrians, in that case there appears to be NO similar alternative walking linkage along Little Eagle Creek Ave (as there are no sidewalks there). 5/10/19 Update Note: As alluded to above, this matter was indeed brought before the Zionsville Board of Parks and Recreation. That presentation included the same material summarized immediately above along with maps and other pages from the actual submitted proposal by those who requested the gating. When specifically asked if they felt they could or should take a stance, the Park Board declined to make a motion/vote on the matter. While not one of the entire board disputed any of the material presented by the Superintendent (such as the text above), and while no board member made any comment supporting gating, they seemed to feel that since this issue was outside of the purview of parks and our linear park (i.e. Big-4 Rail Trail), and that the question was more properly one for the Town Planning, Public Safety, Town Administration, and the like. Be that as it may, the Superintendent still stands by his statements above concerning bicycle routing impacts of the gating proposal. He notes other Town Staff suggest the paragraph above his signature block regarding walking impacts would not materialize. Matt Dickey Superintendent of Parks & Recreation Town of Zionsville Finance & Records From a Department of Finance and Record standpoint, to Amanda’s point, our paths and trails are part of the reason visitors, new residents and businesses and attracted to Zionsville. This in turn affects the financial health of the Town. Amy Lacy, Director Department of Finance and Records Fire Department A review of the submitted gating plan has been completed regarding relevant life safety criteria. The following items have been noted as concerns. The Zionsville Fire Department staff position is to recommend Denial of the request as it slows public safety response. There are some potential issues that require consideration if the request should be approved. They are: 1. There needs to be an approved maintenance plan that at a minimum includes: fire hydrant flow testing and maintenance, storm water drain maintenance, curb underdrain maintenance, snow and leaf removal, drive surface maintenance, concrete and curb maintenance, etc. 2. The configuration of the proposed gates does not offer a turnaround for a vehicle that mistakenly enters the approach. It would require them to back a distance, potentially into traffic. 3. We would request receipts of certified letters sent to every property owner affected by this proposal which would clearly explain that emergency services will be delayed to their property due to the installation of gates. 4. Selecting destinations that would be a “typical” facility search for mapping outside of the immediate entrances directs travelers to routes not through Willow Ridge. (See exhibits attached) 5. Please be advised that over the air transmissions from the Boone County Dispatch Center are not secure transmissions. (reference “How will emergency responders be affected?” page 13) Should you have any questions or concerns with these review comments, please do not hesitate to call. Respectfully, Joshua Frost, Deputy Chief of Fire Prevention May 17, 2019 Zionsville Safety Board Zionsville Town Hall 1100 West Oak Street Zionsville, IN 46077 Dear Board members Plunkett, Suarez and Taylor, My name is Erica Bisch. I live in The Willows, which neighbors Willow Ridge. I am writing to oppose the Willow Ridge Gating Proposal. I have lived in The Willows since 2013. My kids have grown in the Zionsville schools. My daughter now attends college at IU and my son attends Zionsville Community High School. Over time, I have observed the development of The Willows’ 240+ lots into a vibrant neighborhood of families with children of all ages. If there is only one thing you remember from my letter, it’s this: The safety of families in all neighborhoods is important, not just those in one neighborhood. The Willow Ridge Gating Proposal states that our neighborhood has access to other main thoroughfares that are not residential streets: “…Michigan Road, West Road, Shelborne Road and Pleasantview Road, with access to all of these North and South roads via 131 st street or 146th street.”1 The proposal fails to state that:  Shelborne Road, which is in Carmel not Zionsville, is closed at 146 th street;  The Willows’ access to 131st street is necessarily through Willow Ridge and Austin Oaks;  West Road, which is in Carmel not Zionsville, is populated with houses just like our neighborhoods are; and  Pleasant View Road is not in the area; it is West of downtown Zionsville. For The Willows, access points in the proposal require unprotected left turns onto busy thoroughfares, which exposes our families to greater risk of traffic crashes at higher speeds. Willow Ridge provides safer travel routes for families. For example, it provided a safer route for my daughter driving to the high school in the mornings. The route choice for The Willows high schoolers is either to turn left out of The Willows onto County Road (CR) 300 during morning rush hour or drive through The Willows and Willow Ridge, turn right on Willow Road and cross Michigan at the traffic light. Turning left onto CR 300 is risky. When my daughter was driving to school, she chose the safer route, which was a right-hand turn onto Willow Road out of Willow Ridge. And I’m glad she did. She was rear-ended at the Willow Road-Michigan Road traffic light one day on the way to school. Because of the traffic light, however, it was at a low speed and she wasn’t injured. I would rather she experience that than be involved in a crash on CR 300. Recently I was driving east on CR 300. I had to hit my brakes to avoid T-boning a car trying to turn left out of The Willows to beat Union Elementary drop-off traffic and get onto the high-traffic CR 300. Between increasing commuter traffic, consistent parent drop-off traffic at Union Elementary and the many buses going to and from Union Elementary, the risk of crashes for The Willows families who would be forced by gates in Willow Ridge to make an unprotected left onto busy CR 300 gets escalated. Increased risk exposure is not only to The Willows families, but to Union Elementary students and commuters. Exhibits A and B give examples of traffic in this area on Tuesday morning, May 14, 2019. Although it is after the busiest drop-off time, the traffic is still significant. Willow Ridge gates will give Willow Ridge residents all the safeguards while taking safeguards from families in The Willows. Letters from Willow Ridge property owners state traffic volume and speeding is the issue in their neighborhood, yet their proposal provides no results of any third-party study of traffic activity in the area, no analysis of impact on affected neighborhoods, and no traffic calming plan that considers numerous other options. The U.S. Department of Transportation recommends all these steps if any change measures are to be considered.2 Why are gates the solution instead of other traffic calming measures such as speed humps, speed cushions, chokers, and the myriad other options. Why not radar signs as have been deployed at Union Elementary? The safety of families in all neighborhoods is important, not just those in one neighborhood. The Willow Ridge Gating proposal fails to take this concept into account. This is why I oppose The Willow Ridge Gating Proposal. Please do not allow the Willow Ridge Gating Proposal to advance. Thank you for your consideration. Sincerely, Erica Bisch  EXHIBITS Exhibit A: The Willows west exit to County Road 300 the morning of May 14, 2019.  Union Elementary drop-off traffic The Willows east exit; traffic attempting to turn left onto CR 300. Union Elementary Exhibit B: County Road 300 heading east the morning of May 14, 2019  REFERENCES 1 Willow Ridge Gating Proposal. Willow Ridge Homeowners Association. (Winter/Spring 2019). Retrieved May 17, 2019, from https://www.zionsville-in.gov/AgendaCenter/ViewFile/Agenda/_04152019-950 2 Traffic Calming ePrimer – Safety. Federal Highway Administration. (n.d.). Retrieved May 17, 2019, from https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module7.cfm#mod73