FISHERS TOWN COUNCIL MINUTES May 13, 2013 FISHERS TOWN HALL WORK SESSION

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1 Page 1 of 9 FISHERS TOWN COUNCIL MINUTES May 13, 2013 FISHERS TOWN HALL WORK SESSION The Fishers Town Council Work Session convened at 5:40 P.M. with John Weingardt, Stuart Easley, Mike Colby, Scott Faultless, Renee Cox, David George, Scott Fadness, Nathan George, Nicole Kelsey, Doug Church, Sean McKinnies, Rick Arnos, Eric Pethtel, Tom Dickey, Tony Elliot, Maura Leon Barber, Jeff Hill, Dan Domsic, Tracy Gaynor, Cici Hendrix, Steve Orusa, Keith Condra, Mitch Thompson, and Mark Fasel in attendance. Jennifer Messer attended the meeting via webcasting. The Council discussed the following: 1. S.P.O.R.T.S. Travel Soccer League 2. Neighborhood Matching Grants Funding Increase 3. Abandoned Vehicle Code Compliance 4. Community Building in Saxony The Work Session adjourned at 6:30 P.M. EXECUTIVE SESSION The Fishers Town Council Work Session convened at 6:31 P.M. with John Weingardt, Stuart Easley, Mike Colby, Scott Faultless, Renee Cox, David George, Scott Fadness, Nathan George, Nicole Kelsey, Doug Church, Tom Dickey, David Flaherty, and Chris Kirles in attendance. Jennifer Messer attended the meeting via webcasting. The Council s discussion was limited to the following areas as permitted by Indiana State Code: To discuss litigation that is either pending or has been threatened specifically in writing under Indiana Code (b)(2)(B) To conduct interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects under Indiana Code (b)(4) To discuss a job performance evaluation of individual employees under Indiana Code (b)(9) The Executive Session adjourned at 7:11 P.M.

2 Page 2 of 9 REGULAR COUNCIL MEETING John Weingardt convened the Fishers Town Council meeting at 7:15 P.M. with Stuart Easley, Mike Colby, Scott Faultless, Renee Cox, and David George present and called the meeting to order with the Pledge of Allegiance to the Flag of the United States of America. Pete Peterson joined the meeting at approximately 7:40 P.M. Others in attendance were: Scott Fadness, Nathan George, Doug Church, Nicole Kelsey, Tracy Gaynor, Mitch Thompson, Eric Pethtel, Jeff Hill, Mark Elder, Keith Condra, Tom Dickey, Maura Leon Barber, Andrew Butdorf, Elliot Edwards, Ryan Cardean, Ray Nimri, Curtis Honeycutt, Kristen Raves, Brian Raves, Dianna Reinoso, Alyssa Reinoso, Jon Reisoso, Rod Tucker, Peter Haughan, Matt Lurton, Charles Parish, Ken Kern, Roger L. Kessler, Mark Williams, Joshua Davis, Molly Mohr, Jason Horn, Ben Lother, Lawrence Daniels, Pete Griffin, Randy Wheeler, Deb Wilmoth, Chuck East, Eugene Park, Jeff Dage, Jim & Kathy Marshall, Aaron Surley, Meredith Carmack, Michael Barkstate, Michael K. Arm, Pastor Todd Fulk, Duncun Dolin, Rebecca Tucker, Mitch Fouts, Jon Batz, Jessica Goldy, John Talbot CarDon, Ned Hollis, Steve Landes, Andrew Jones, Paul Dick, Matt Burke, James Shobb, Chloe Bultemeyer, Jarid Bucci, Steve and Terrie Brenneman, Stephanie Baldwin, Laura Green, Tom Ferrell, Jim Schwefel, Cindy Schwefer, Lisa Chelf, Gary Spohr, Scotty Spohr, Tami Brechner, Lynda Pendleton, David Pendleton, Douglas Cox, Liz Cox, Austin Kirchhoff, Brad Ransen, Michael Poorman, Steve Jansen, Mike Miles, Karl Namy, Steve Hardin, Kimberley Greuel, Kendrick Kreuger, Nate Greuel, Jason Krueger, Jackson Bennett, Hanna Henry, Ian Keeler, Katie Richert, Jake Foley, Conner Dalke, Zach Larson, Kyle Butler, L.M. Feting Jr., Jodi Dickey, Cici Hendrix, Brian Krompack, Kim Howard, Mendi Funk, Mitch Beaverson, Melissa Beaverson, Alan Culwell, Mac McNaught, Jane Cattahan, Rick Miller, Rachel Johnson, Mark Fasel, Rick Brandau, and Tony Elliot. ANNOUNCEMENTS The Town Council announced the following: Congratulations to our Fleet Department for being recognized as the top 100 fleets in the nation. There are over 38,000 public fleets in the US. and this year the Fishers Fleet Department was recognized among the top 100. The selection process is based on several factors; achievements, service delivery, performance management and cost management, to name a few. We congratulate Fleet Director Keith Condra and his team for their dedication to our community. The Town of Fishers will host two public meetings this week to discuss and collect feedback from residents about the possible town wide waste and recycling services. The first meeting is tomorrow, Tuesday, May 14 at 8 a.m. in the Town Hall Auditorium. The second meeting will be Wednesday, May 15 at 7 p.m. in the Town Hall Auditorium. Following these meetings, the Fishers Town Council will review all of the input provided and the bids prior to making a decision on how the town will move forward. We would like to congratulate Fishers Town Manager Scott Fadness for receiving the Indiana Public Service Award in the category of Outstanding Public Sector Professional. This award

3 Page 3 of 9 recognizes individuals who are dedicated to the ideals of public service as demonstrated by their efforts in local, state, or federal agencies serving Indiana citizens. Congratulations, Scott! This spring, please join us for a number of events in Fishers. The Summer Concert Series will begin on Tuesday, June 4 at 7 p.m. in the Nickel Plate District Amphitheater. The Fishers In the Country Series will continue on June 1 st and every 1 st Saturday until September. Join us for a fun night of local and regional country artists with food trucks and more. Also, mark your calendars for the opening day of the Fishers Farmer s market on Saturday, May 24 from 8 a.m. to noon. To learn more about the great events happening in Fishers, please log onto This week is Bike Week with Bike to Work Day on Friday, May 17. Log your miles on Commuter Connect s website for a chance to win $500 and visit the Fishers website for local businesses offering discounts to residents traveling by bike. The Fishers and Hamilton Southeastern Seniors were congratulated on attending their last meeting for government hours and the Council wished them the best in their future endeavors. PRESENTATIONS Town Government Academy (TGA) Graduation John Weingardt provided a brief overview of what the Town Government Academy is and what the course entails. Following such, John and Tony Elliot called each individual up from the audience that had graduated from the TGA Class of Spring 2013 and presented each with a diploma and a handshake. PROCLAMATIONS The Council read and proclaimed the following proclamation for the Town of Fishers: National Safe Boating Week proclaiming May 18 to May 24 as a National Safe Boating Week in the Town of Fishers and asked that all residents who boat practice safe boating habits. Following the reading of this proclamation, Scott Faultless asked that the rest of the proclamations and consent agenda items be continued until the end of the meeting and that the Town Council consider the first item under Ordinance/Resolutions, the request to approve the I 69 Overlay Zone Ordinance. John Weingardt responded that as the Town Council had a motion, it would move forward to this requested item. ORDINANCES/RESOLUTIONS Ord101512A Request to approve the I 69 Overlay Zone Ordinance 2nd Reading, Public Hearing and 3rd Reading Stuart Easley addressed the audience and explained that the main design or idea of this ordinance was to (1) implement a restriction of institutional uses in order to preserve the community s tax base, to optimize the opportunity for economic development, and generate tax revenue at an optimal level in a very defined area of the community, in other words what could be built, and (2) the Council s long term vision of land use, appropriate aesthetics within the entire I 69 overlay zone, set backs, etc., in other

4 Page 4 of 9 words how the buildings will look after they are built. Stuart said that he would make a motion to bifurcate this ordinance into the two separate ordinances and only take action on the institutional uses at this meeting. Stuart continued that the portion regarding how a building would look (developmental standards), would probably be discussed and action taken at a later meeting. Stuart asked that the audience address only the portion of the regarding institutional uses at the podium. Stuart then made a motion to have staff talk about the issues surrounding having institutional uses in the overlay district; he then clarified that this was not an official motion but he would later make one. Tom Dickey addressed the Council and added further detail such as the fact that mailings were sent out to all residents and property owners that have any land affected by this ordinance. He said several owners were in the audience and would like to address the Town Council. Tom also provided the purpose of this ordinance which is to protect this valuable resource, as it is considered in the Town of Fishers, for it is where buildings that conduct business will want and desire to locate. Scott Faultless also iterated that the Town needs this space for tax paying entities. He further commented that he felt that the process of public notification had not been properly carried out in the beginning. He said that the Town should have originally provided mailed notice to all property owners; but that this haad later been rectified. John Weingardt opened up the meeting for public hearing for those that wanted to discuss the institutional uses only. Several citizens stood and spoke. The following is a summary. Dave Rodriquez, Senior Pastor of Grace Community Church; spoke in favor of allowing institutional uses. He had the audience stand that were from his church and over 75 percent or so of the audience arose. Wyatt Eakin (owner of Cumberland Crossing, formally Season s Gardens) spoke regarding his PUD (Planned Unit Development) which was recently approved and explained that had the tables turned and he had come back 170 days later asking to change his PUD, he felt he would have received significant resistance. Ralph Telke, representing the Fishers United Methodist Church; asked that all existing nonconforming uses be allowed to exist and have the ability to expand their existing buildings. Pastor Todd Fulk, Fishers Baptist Church; explained that he felt that the reasons for limiting the uses to those that are paying taxes is unfounded. Todd explained that he felt institutional uses enhance the community and this proposal to not allow such uses in the overlay district should be removed from the ordinance. Steve Hardin spoke that his concerns were surrounding the list of uses shown as examples in the ordinance for the Institutional Uses. He further explained that for example the uses listed schools, but the ordinance did not define the schools such as they are defined in other areas of the Town s codes. Matt Burke, representing Hamilton Hills Baptist Church, said they would like to have their property be excluded from the ordinance and be allowed to continue to expand their church. John Weingardt thanked those who spoke and officially closed the public hearing. Council continued to have much discussion on this item. Doug Church explained that pre existing, non conforming uses and

5 Page 5 of 9 buildings would be able to continue to exist, operate, and expand within their property. If there is no current existing use on a parcel, then the not for profit institutional uses could not be used or added to a property. Kimberly Greuel was provided the opportunity to add an additional comment. She shared a story of a mentor of hers that had saved the Boeing Company thousands of dollars by installing self flushing toilets and shaved 60% of costs in his building. She explained that she feels that the net impact of an institution is higher than that of a tax paying entity. Steve Jansen, was also allowed to come up to the podium representing Grace Community Church. He asked that the Town Council consider that the residents had just voted to raise the taxes for the benefit of the community and he felt they would do the same for anything else needed in Fishers. Stuart Easley made a motion to see if there was a unanimous suspension of the rules and desire from the Town Council to act on second reading specifically and only on the institutional uses portion of the ordinance. Mike Colby seconded the motion. All members voted aye. The motion passed. Stuart Easley made a motion to bifurcate the ordinance and approve the elimination of non taxing entities, buildings, and accessory structures except for pre existing, non conforming uses on the 3 rd reading; which may be allowed to expand upon their own land as well. Mike Colby seconded the motion. John Weingardt, Mike Colby, Stuart Easley, Renee Cox, Pete Peterson, and David George voted aye. Scott Faultless voted nay (opposed). The motion passed 6 to 1. Stuart Easley made a second motion to continue the portion of the ordinance dealing with all developmental standards to the next Council Meeting, with the understanding that it will probably be referred back to the Planning Commission at that point with the direction of the Council. Doug Church explained that procedurally the Council was not having second reading on this portion. Scott Faultless re iterated the importance of proper notification to property owners regarding land use. Stuart asked that Doug Church s office draft a clean ordinance showing the changes adopted, which Doug Church replied that this would be completed. PROCLAMATIONS CONTINUED John Weingardt asked the Council to return to where the Council left off in the agenda on proclamations. The Council read and proclaimed the following proclamations for the Town of Fishers: National Building Safety Month proclaiming the month of May 2013 to be the Building Safety Month in the Town of Fishers. Meyer Najem Day proclaiming May 16, 2013 as Meyer Najem Day in the Town of Fishers due to this company s status as being voted number two Top Workplace by the IndyStar.

6 Page 6 of 9 CONSENT AGENDA Mike Colby made a motion to approve the following items on the Consent Agenda: Request to approve previous meeting memoranda of April 15, 2013 Executive Session; April 15, 2013 Work & Regular Session; and April 29, 2013 Special, Retreat, and Executive Session. Request to approve 2013 Neighborhood Matching Grant (NMG) Committee funding recommendation Request to approve 2013 Tree Matching Grant (TMG) Committee funding recommendation Request to approve purchase order regarding the Town s Microsoft license Request to approve Fire Station 91 roof replacement quote Request to approve resolutions declaring Town property as surplus o R Trade in Property o R051313A Donation Property R051313B Request to approve a resolution dedicating right of way along 131 st Street at st Street East Pete Peterson seconded the motion and Renee Cox abstained from the April 29, 2013 Minutes. All voted aye. The motion passed and all items on the consent agenda were approved. ORDINANCES/RESOLUTIONS CONTINUED Ord Request to rezone the Poer property located at 9750 Cumberland Road from R2 to The Haven PUD R 2nd Reading Rachel Johnson gave an overview of this project and stated that this site is located at the northwest corner of 96th Street and Cumberland Road. The site is currently zoned R 2, and includes one existing home and accessory structure. The proposal would rezone the property to a PUD, with the underlining base zoning of R 2. The PUD proposes various alternative development and design standards. Those standards are highlighted in the staff report and detailed in the proposed rezone Ordinance. This site has a considerable amount of grade change and floodplain, and is adjacent to Mud Creek. The petitioner's proposal seeks to develop 81 single family lots on the eastern portion of the site, conserving the floodplain and other natural areas. Rachael said the property owner is also willing to include a multi use trail on the Cumberland Road side that abuts the project, an easement on the south side of the property, and screening on the south side of the property. The petitioners, Steve Hardin and Dave Kompton both stood and spoke regarding this project and thanked Rachael for her work that she has put into this project. Staff updated the Council that this project had received a favorable recommendation from the Plan Commission with all voting aye, except one. John Weingardt opened the public hearing. Tracy Airs addressed the Council as a property owner affected by this proposal. She said she was not opposed to this development, but fears that more houses will be added to the proposal which will affect the traffic.

7 Page 7 of 9 Kim Howard addressed the Council as a property owner affected by this proposal. She said her concerns are with potential commercial use near or at this area, the buffering between her property and the new proposal, and the possible widening of 96 th Street; which she feels would affect the value of her home. John Weingardt closed the public hearing. The Council discussed the concerns of these two residents with the representatives of Pulte Homes, Steve Hardin and Dave Kompton. After much discussion, Mike Colby moved to have second reading, which was held. Ord Request to approve text amendments to the Town s Unified Development Ordinance (UDO) 3rd Reading Rick Brandau addressed the Council and explained that this proposal was to provide periodic updates to the UDO, and such are needed as a goal of the Department to keep the ordinance up to date with trends and make it more efficient. Rick said there are a total of 8 amendments. The largest element of this update is a rewrite of Article 10 which is the Code Enforcement section of the code. Although the Town gets a tremendous amount of voluntary compliance, there are times when the Town needs to take code enforcement to the next level. Rick Brandau explained that his department is suggesting a streamlined process and would like to take advantage of Town Court. All the changes that he listed are detailed in the Council Action Form. Mike Colby made a motion to approve this ordinance. Pete Peterson seconded the motion. All vote aye, the motion passed. Ord031813A Request to approve amendment to the Weeds and Rank Vegetation Ordinance 2 nd Reading and Public Hearing Mark Fasel addressed the Town Council and explained that some revisions have been made since the 1 st Reading. These revisions clarify the responsibilities of the Town and property owners. The proposed amendment allows the Town of Fishers to recover attorney fees with favorable outcomes in any contested hearings, as well as imposes graduated penalty fees for those found in violation on multiple occasions. John Weingardt opened up the meeting for a public hearing. No members of the public stood to speak at the podium. John closed the public hearing and he asked that this be reflected in the minutes. Scott Faultless made a motion to suspend the rules and approve on the 2 nd Reading. Pete Peterson seconded the motion. All voted aye, the motion carried. Mike Colby then made a motion to approve the ordinance. Stuart Easley seconded the motion. All voted aye and the motion passed and the ordinance was adopted.

8 Page 8 of 9 Request to approve amendment to the Construction Zone Speeding Ordinance 1 st, 2 nd, and 3 rd Reading Mitch Thompson addressed the Council and explained that the Fishers Police Department regularly conducts speed enforcement in construction zones. This ongoing effort helps to maintain a safety measure for workers in the area. In the past it has been necessary for enforcement officers to decipher whether to write a Uniform Traffic Ticket as a statute or as a local ordinance. The creation of this specific ordinance will make for a consistent enforcement approach as a local ordinance. Scott Faultless made a motion to suspend the rules and approve on the 2 nd Reading. Pete Peterson seconded the motion. All voted aye, the motion carried. Pete Peterson then made a motion to approve the ordinance. Stuart Easley seconded the motion. All voted aye and the motion passed and the ordinance was adopted. Ord051313A Request to approve an amendment to the Permit Fee Schedule 1 st Reading Mark Fasel addressed the Town Council and explained that the Community Development staff has been monitoring permit fee pricing and building trends to as to how it relates to today s market. Some permit fee reductions are proposed while others remain the same but simplified in the calculation process to provide a clear fee schedule that will be user friendly. Mark provided details on many of these points. Stuart Easley asked that a rational nexus be documented showing why this is being requested for approval. Scott Faultless stated that he felt that many fees for businesses should be re shaped and some rescinded. Mike Colby made a motion to hold first reading, and it was held. R051313C Request to approve the Redevelopment Commission acquisition of Maple Street Tom Dickey addressed the Council and explained that this subject property was originally tagged for purchase along with other downtown Fishers properties in Fall Fishers was unable to purchase the property because the owner was leaving town for an extended trip. The owner returned and Fishers continued discussion with the owner consistent with Fishers original plan to strategically acquire certain downtown properties. On April 10, 2013, the Fishers Redevelopment Commission ( FDC ) adopted Resolution FRC 07R (the Resolution ) authorizing the acquisition of the property as part of Fishers downtown revitalization project. The Community Development Department has negotiated the purchase of the property for $140, which amount, along with closing costs, will be paid by FRC Bond Acquisition Note (BAN) funds. Stuart Easley made a motion to approve this resolution. Pete Peterson seconded this motion. All voted aye and the motion passed. REGULAR ITEMS

9 Page 9 of 9 No items were presented for the Town Council s consideration. OTHER UNFINISHED/NEW BUSINESS Under other unfinished/new business, the Town Council and staff had some discussion on the approach for the Town wide Trash Contract that would be presented at a public meeting in the Town Hall the following day. ADJOURNMENT & APPROVAL OF CLAIMS John Weingardt asked if there was a motion to adjourn with the approval of the Trustee Invoice Payments and the Accounts Payable Register. Stuart Easley made a motion to adjourn with the approval the Trustee Invoice Payments and the Accounts Payable Register. David George seconded the motion. The meeting was adjourned at 10:30 P.M. Respectfully submitted by Nathan George Deputy Town Manager