TOWN OF PLAINFIELD TOWN COUNCIL. February 23, 2009

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1 TOWN OF PLAINFIELD TOWN COUNCIL February 23, 2009 The Plainfield Town Council met on Monday, February 23, In attendance were Mr. Brandgard, Mr. McPhail, Mr. Kirchoff, Ms. Whicker and Mr. Gaddie. Mr. Brandgard said if anyone has failed to turn in a bid for the bid opening tonight, now is the last chance to do so. With nobody coming forward the opportunity to submit a bid is closed. PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approval of the minutes of the regularly scheduled Town Council meeting of Monday, February 9, Second reading of Ordinance No : Authorization to use blanket bonds. 3. Approval of the Plainfield Fire Chief s, Town Engineer s, Parks and Recreation Director s and Planning and Zoning Director s Reports dated February 20, 2009 and the Transportation Director s Report dated February 21, Approval of the January 2009 monthly reports for the Utility Billing and Plainfield Town Court. 5. Approval of the locker rental agreement per the Parks and Recreation Director s Report dated February 20, Approval to provide the Plainfield Chamber of Commerce a 12 month family membership for the Plainfield Recreation and Aquatic Center for the 2009 Chamber Auction per the Parks and Recreation Director s Report dated February 20, Approval of the Hendricks County Communication Center and Plainfield Police Department 2008 annual reports. 8. Approval for Lt. Brent Anderson and Firefighter/Paramedic Greg Williams to participate in the Indiana Task Force One Urban Search and Rescue Team per Chief Anderson s Report dated February 20, Approval of a contract amendment between the Town and Whitaker Engineering in an amount not to exceed $40, for preparation of the Preliminary Engineering Reports needed to complete the SRF application process for the Deer Path Sewer project and the West Fork Sewer project per the Town Engineer s Report dated February 20, Approval of a proposal for professional services between the Town and Butler, Fairman and Seufert in the amount of $13, which provides for five years of monitoring reporting on the Talon Stream Mitigation project in accordance with the project s state and federal environmental permits per the Town Engineer s Report dated February 20, Approval to release C.P. Morgan Communities, L.P. Performance Bond No in the amount of $90, for curbs, milling and street topcoat associated with Section 5 of the Bentwood Park per the Town Engineer s Report dated February 20, Approval to release C.P. Morgan Communities, L.P. Performance Bond No in the amount of $158, for curbs, milling and street topcoat associated with Section 6 of Bentwood Park per the Town Engineer s Report dated February 20, Approval of a settlement agreement regarding property owned by Ken and Rita Napier located at 9288 E. CR200S providing for payment of $320, per the Town Attorney s recommendation. Ms. Whicker made a motion to approve the Consent Agenda as read. Second by Mr. McPhail. Roll call vote called. Ms. Whicker yes Mr. Gaddie yes Mr. Kirchoff yes Mr. McPhail yes Mr. Brandgard yes 5-ayes, 0-opposed, 0-absent. Motion carried.! 1

2 Mr. Kirchoff abstained from voting on item one since he was not present at that meeting. Mr. McPhail abstained from voting on item six. BID OPENING: Metropolis Pedestrian Trail Mr. Brandgard said as mentioned we do have a bid opening tonight for the Metropolis pedestrian trail. Do we have proof of publication? Mr. Daniel said yes we do. Mr. Brandgard said the first bid was submitted by Calumet Civil Contractors, Inc., Whitestown, Indiana. Mr. Daniel said the Calumet bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by Calumet Civil Contractors, Inc. is $276, The second bid is submitted by E&B Paving, Inc., Indianapolis. Mr. Daniel said the E&B Paving bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by E&B Paving is $289, The third bid is submitted by Fleetwood Contracting Corporation, Indianapolis. Mr. Daniel said the Fleetwood Contracting bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by Fleetwood Contracting Corporation is $277, The fourth bid is submitted by Harco Asphalt Paving, Inc., Indianapolis. Mr. Daniel said the Harco Asphalt Paving bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by Harco Asphalt Paving is $205, The fifth bid is submitted by JDH Contracting, Plainfield. Mr. Daniel said the JDH Contracting bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by JDH Contracting is $256, The sixth bid is submitted by John Hall Construction, Plainfield. Mr. Daniel said the bid submitted by John Hall Construction is in proper form. Mr. Brandgard said the total amount of the bid submitted by John Hall Construction is $240, The seventh bid is submitted by M&D Excavating, Bainbridge. Mr. Daniel said the M&D bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by M&D Excavating is $288, The eighth bid is submitted by Rieth-Riley Construction, Indianapolis. Mr. Brandgard said the Rieth-Riley bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by Rieth-Riley Construction is $385, The ninth bid is submitted by Yardberry Landscape Excavating Company, Anderson, Indiana. This is the last bid. Mr. Daniel said the Yardberry Landscape bid is in proper form. Mr. Brandgard said the total amount of the bid submitted by Yardberry Landscape Excavating is $321, I would like to thank everyone who took the opportunity to submit a bid. The engineer s estimate was $321, I would like to ask a bid review committee made up of Council member Renea Whicker, Tim Belcher, Clay Chafin and Brock Ridgeway to review the bids and come back with a recommendation at our next meeting. BID SUMMARY! 2

3 COMPANY NAME BID AMOUNT Rieth-Riley Construction $385, Yardberry Landscape $321, E&B Paving, Inc. $289, M&D Excavating $288, Fleetwood Contracting $277, Calumet Civil Contractors $276, JDH Contracting $256, John Hall Construction $240, Harco Asphalt Paving $205, Engineer s estimate $321, BUSINESS FROM THE FLOOR Ms. April Franklin said I m here to appeal my mowing assessment that was put on my property at Old National Road. I ve been a Plainfield business owner and property owner for over 20 years. I started out with four properties and now I m down to two. I ve never had an incident with any of my properties not being up to code or not being presentable. I had an incident where I got a letter saying I had a lien on my property for the waste water, billed for the four dollars, because it had been coming to my location address and not my mailing address. The letter that I got from the mowing assessment was sent to that same location address the month before I got the other letter about the waste water bill. So, what happened was I told them when I went to the Town of Plainfield and paid my assessment on the waste water; that was in August of last year, that I didn t realize that I also owed money on that property for that reason. I told them when I was there if there was any other liens or problems that is being addressed to my property at that location, to please check all of your records and tell me because I had to take time off my three jobs to actually come in and get this straightened out and get the lien off my property and pay my bills. The lady went to the back and came back and told me that there were no other problems with my property; that they were just not aware of what my address was to be billing the waste water treatment billing. I said will you please update it. I said my taxes come to my post office box; that is my mailing address for that property and my other properties. They said they would make that arrangement and change my address so when I looked at my records, you actually came out and cut my grass. I didn t even know that you had been the ones that had cut the grass. When I went to look at the grass, I assumed the person I had cutting grass was the one that did it so I had no idea that you had cut it anytime at all. The billing for the grass cutting was dated September 23 rd, which was a whole month after I had been down in the Town of Plainfield and cleared up my problem with the billing and told them about my address change and where my letters could go to regarding any incidents with the property. I did not receive my first letter because like I said it was addressed to the actual address on the property, which has no mailbox and it doesn t go anywhere. I did not receive another letter until I got a notice in January saying that you had filed a lien on my property due to me not paying this grass cutting bill. When I went downtown to find out more about it and why there was a lien and why I had not been notified that my grass had been cut since I had already corrected my address and there had been plenty of time for it to be corrected, they said they didn t know why. And that I should have been notified with a letter to the correct mailing address telling me that my property was in violation with the grass mowing ordinance and that I should get it cut. I think the amount of $ for the mowing charge is definitely excessive besides all of these other recording fees and service charges that when I was in August of last year if you had told me that my grass was not in the approved height, that I could get it cut within a month or less as soon as I knew I was in violation. And not from July to January to finally find out that you put a lien on my property and that I m in violation. There was one certified letter sent out. It did go to my post office box and I don t know why but I didn t receive any kind of notice that there was a certified letter at my box, which is right in the Town of Plainfield. So, I don t know why that did not reach me because I would have immediately responded to that. It wasn t until I got the notice from the Hendricks County Auditor saying that they filed a lien that I was aware that there was a cutting problem incident on the property. So, I m asking to have the charges and all of the administrative fees and everything waived due to the fact that I was down within a month of the first letter that I didn t receive and asked if there was any other problems with my property that I could correct so I wouldn t have to miss anymore time off work and that I! 3

4 could get it corrected and fixed and not have anymore incidents with my property. They assured me there were no problems with my property and everything was fine. Then I don t find out that I still have a problem until January when I get a lien notice saying that my property is having a lien put on it due to mowing assessment. Mr. Brandgard said to try to answer that I don t see anybody from Planning or Zoning here and Lois is not here either but I think for one thing you went into the water and sewer department to take care of the assessment. This came out from the Planning Department. Ms. Franklin said but I asked them to please check all other branches of the Town to make sure there are no other problems with my property because I know you have different divisions for each deal on the property because I have been before the zoning board before for my other properties. She went to the back like I said and she was gone for quite awhile and she came back up and she said no we don t have any other problems with the property. There should have been a letter filed or something that she should have been able to find to show that the first letter was sent out to the property address. It never got received or I didn t get any correspondence to it because my property taxes are paid every year and they are sent to my post office box. I ve never had any problem getting any of those notices. Mr. Brandgard said there is an issue with your notification as you said but the basic issue is the grass or weeds on your property were in excess of 12 inches on July 14 th when this was sent. The Town didn t order it mowed until the 11 th of August and in your letter you said you maintained the property and you have a contract for it to be mowed but apparently it was not done. Ms. Franklin said I went to check to see if it was mowed and like I said I didn t know it wasn t getting mowed. It never looked like it was 12 inches to me because that is pretty high. But then I read through the ordinance thing that some weeds or undergrowth or whatever could be 12 inches and they could have counted that. Because normally I try to keep my grass pretty short so I don t have to mow it quite so often and I had a guy doing my property, which is right on Highway 40, which is an acre also and he only charged me $25.00 to ride the riding mower and clear that property. So, if I had the first notice and gone over, I would have cut that property if I knew it wasn t being properly cut to where it was meeting the Town ordinance because I went over and checked on the property several times. I work three jobs; I work seven days a week and I never noticed that it was that high but you are saying 12 inches. So, that is quite a bit. I don t even think I would like it if my property was 12 inches with the grass that tall. Mr. Brandgard said I think again there is no one here from Planning and Zoning. Jason do you know anything about it by chance? Mr. Castetter said (inaudible). Mr. Carlucci said I think what Joe does (inaudible). Ms. Franklin said the address on my records should have been either my home address or my post office box because that s where my taxes go. So, if you are looking for the property owner, then you should have my correct address. Mr. Carlucci said (inaudible). Mr. Bennett said there could be several different addresses show up on the Hendricks County website depending on whether you are looking at the Treasurer s website or the Recorder s website. I believe what Joe had done was he knew the street address, therefore, he looked up the owner of that street address and it showed your name as the owner at that street location. That is the reason the letter was sent to that location. Mr. Bennett said yes they are. Mr. Carlucci said (inaudible). If I get a certified letter, I go to the post office and if it is a particular piece of mail I don t want, I look at it and hand it back.! 4

5 Ms. Franklin said I asked him if the first letter that they had sent was a certified letter and Joe said no it was not certified, the first letter that they sent. That is the one that went to the actual location address. The only letter that was certified was the one that got sent out in December and I don t know why I didn t get a slip in my box at the post office telling me I got a certified because I would have definitely figured out what it was about because obviously it would be important or it wouldn t be certified. Mr. Bennett said I believe what you are saying there because as I recall the ordinance the first letter that goes out is not necessarily certified; it is the letter going out notifying you that if you do not cut, we will cut. Ms. Franklin said that letter wasn t sent out until December and you had already cut that month later. Mr. Bennett said the second letter goes out certified saying we did cut and we will file a lien if you don t pay us. I believe that is how I recall the ordinance reads. We don t send you a certified letter after the lien is placed; it is in advance. Ms. Franklin said right because I got the certified letter and found out that it was returned when I went to Joe James office because I got the letter from the auditor saying that there was a lien placed on my property. I went to find out why a lien was placed on my property. That is when he said that I was in violation of the cutting ordinance; that they had sent out one letter back in July and they had cut my grass in September and then I got a certified letter that he said had been returned and he didn t know why it got returned in December. And then I got the lien placed on January and that is when I got the notice and I went to find out why. Mr. Brandgard said I don t know what the rules are on certified letters but I know I have received them when they leave a note saying I have one and I have so many days to pick it up. I suppose if I don t, then they send it back. I don t know how it works with a post office box. Ms. Franklin said it should be easier to get in the post office box than at a regular address. Mr. Bennett said they put a note in the box. Ms. Franklin said normally anytime you get a certified letter, they send me some little paper you know so I can go get it. Like I said I m not there during the day so I have to go at night. Mr. Brandgard said why the post office didn t put it in there, that I don t know. Mr. McPhail said I certainly don t question her sincerity on receiving that but I think you have to understand that there are a number of people that just refuse to sign those. So, we immediately take the next step because we didn t get a response from you on the certified letter. Ms. Franklin said but you didn t get any response from me on the very first letter that got to the address location. Mr. McPhail said I m talking about the certified letter. We did send a certified letter in December and you didn t respond to that. Ms. Franklin said because I didn t get that. It shouldn t have gotten to that point. It shouldn t have been from July to December that I didn t get any other notification when you got the letter back in July saying that I was in violation. I should have had some other letter coming to me between July and December to tell me that you had to cut my grass or that my grass was in violation. Mr. McPhail said it is very difficult at times to track down the owner of a property and we go through this on a regular basis. We try to notify the property owner and we don t get a response and it is not unusual for that to happen to us; that s what I m saying. I m not questioning your sincerity. I m just telling you that it is very difficult on a regular basis to take the County records and make a contact. Either people totally ignore them or we just don t have an up-! 5

6 to-date record. The process that we have gone through is normal. I don t see anything abnormal in what we have done here. Again, I m not questioning your sincerity; I m just trying to explain that it is the process that we go through. It is not unusual for us to not get a response from property owners. We have commercial properties that we have had problems with. Ms. Franklin said I m not renting the house out at the moment. Ms. Franklin said I go out and make sure that no one has vandalized it or if anything is going on. Mr. McPhail said I would ask the question if we have the authority to waive any of these additional fees? Mr. Daniel said I think the Town Council probably has the authority to adjust the fees. Mr. Carlucci said I would like to suggest something. I don t think we can waive the mowing fees because the reason we contract that out is we brought the Town (inaudible). If I suggested anything, it would be to entertain the mowing fee because that was done but maybe waive the fees but pay the cost of us having to go back over there (inaudible). Mr. McPhail said I would prefer the recording fees because that was cash out of our pocket too. I might suggest that we waive the administrative fees, which has also been a cost to us but at least it was an absorbed cost. But we have an actual cash out of the mowing charge and the recording fees and the service charge, which is $ Mr. Kirchoff said I wish Joe was here so he could tell us the process because I m still confused about why we didn t have the right mailing address. Mr. Brandgard said well I think the key is he would go to the site and there s the address. Mr. Kirchoff said back to Wes s point there are three different places to look at the County and I would like to know what process he took and where he went to make sure that we find the right address early on. Again, I m not disputing anybody s word; I m just curious why eventually we did get the right post office box number. Ms. Franklin said yes. When I got the letter telling me that there was a filed lien on my property, I got that. Mr. Brandgard said I wish Joe was here but my thought is when they started the process for the lien is when that was found based on the details. Mr. Kirchoff said I guess it could have been expedited if we had the right address to start with. Ms. Franklin said I wouldn t have had you guys to cut my grass if I had known in the very first place that I was in violation. I would have immediately got it done. Mr. Kirchoff said that is my point. Ms. Franklin said I have owned three commercial properties and one residential in Plainfield for quite some time. Mr. McPhail said it is not unusual for us not to get a response even when we have the right address. Mr. Kirchoff said I understand that. Mr. McPhail said I understand that and I understand that it is difficult. Sometimes the records that you check at the County you may not find anybody at that address. I m sure that has happened. We have a piece of property right now that I have been involved with trying to help the neighbors out. This has been over days and we still! 6

7 don t know who it is. It has been at least 90 days and we still don t have an address for the property owner. Mr. McPhail said that is not necessarily true either because I had a lot that they were sending a tax bill to somebody in Indianapolis. The County records may not be correct. Mr. McPhail said somebody was throwing my tax bills away because they had the wrong mailing address. Mr. Kirchoff asked, what is the breakdown in the expenses? Mr. Bennett said I don t believe the County will waive the $25.00 and the $5.00. Those fees are County fees. But I guess I would suggest to the Council to consider waiving the administrative cost and charging the actual cost that did occur. Ms. Whicker asked, are there additional fees from the County? Mr. Bennett said everything is included in that $30.00 (inaudible). Mr. Kirchoff said so $ plus $25.00 plus $5.00 is $ Mr. Brandgard said from the Town s standpoint we run into this all of the time with the water and sewer bills. It is an issue that is there but we can t spend all day trying to (inaudible). The owner has some responsibility and I think Kent s thoughts on waiving the administrative fees, which is $ is cost that is here. Ms. Franklin said but how many people did you have give you estimates on mowing my one acre? Like I said I can get it mowed for $ Two hundred and seventy seems very excessive for a one time mow. Mr. Brandgard said I won t dispute that but on the other hand we don t spend a lot of time going out and getting estimates and see who has the best price. Our concern is getting somebody out and doing it. That is one of the downsizes of asking the Town to maintain your property. Ms. Franklin said like I said my taxes are paid from my address that you can reach me at every day of the week for the last 20 years so I don t understand why I m not getting notified. And like I said being charged $ and $ for administrative charges and then the lien charges of the $25.00 and the $5.00. Mr. Brandgard said what I m suggesting is we would waive the $234.90, the administrative cost. The other costs are cost that the Town has paid out of pocket. Ms. Franklin said so you don t want to waive any of the mowing charges for the $270.00? Mr. Brandgard said that was paid. That is what the invoice was for us and we paid it. There is no doubt in my mind that you can go out and get it done for less. Ms. Franklin said right and if I had been notified within the time that I had been to the Town of Plainfield that next month that you guys had sent out the first letter Mr. Brandgard said we can t help the fact that you don t live at that address and you have another address that you want your mail sent to. That is not on every document. We can t help that. Ms. Franklin said I made sure that all of the records showed the correct mailing address. Mr. Brandgard said Planning and Zoning is not part of the water and sewer department so they would not necessarily know what you told them.! 7

8 Ms. Franklin said so I will have to go to each individual department you are saying and ask if there is any problem with my property the day that I came in. I shouldn t have just gone to one office; I should have hit all of the offices. Mr. Brandgard said I would say yes; nobody else would know. Ms. Franklin said and she doesn t have a way to contact all of the offices? Mr. Brandgard said why should she do that? Ms. Franklin said because I was asking her to do that to check on that to see if there were any other problems while I was there so I could get it all taken care in one day. Like I said I work seven days a week and three jobs. Mr. Brandgard said it is not her job to do surveying for you in other departments in the Town. She may have made a call and got an answer back there isn t anything because whoever answered the phone didn t know. I don t know; I wasn t there but I do know we sent the letter out on the 14 th of July. You said you were here in August and we ordered it mowed Ms. Franklin said in September. Mr. McPhail said no it was mowed in August. Ms. Franklin said the bill says that it was September. Mr. McPhail said the property was mowed on August 11, 2008 before you ever notified the Town that you had a problem with your mailing address. Mr. Brandgard said like I said it was almost a month later that we mowed it. Ms. Franklin said if that was true, then it got mowed the same day that I was actually in the office of the Town of Plainfield because I have my record here when I paid that, the sewer bill and it was August 11 th. I was actually in the office that day that you re saying that my grass got cut. Mr. Brandgard said it could be; I m not disputing that. Mr. Kirchoff said we would not have had the statement from the service provider to tell you that there was an outstanding bill. Mr. Brandgard said we weren t invoiced until September. Mr. Kirchoff said I think you have raised some valid points, which I think we need to take a look at why we don t have a better database of understanding if you are in here. I understand what you are saying but by the same token I think you were pretty slow. I think both parties have some responsibility here. So, I would think that what we are doing here is appropriate to waive our administrative fees but I think both parties are right and both parties are wrong. I think it is a matter of trying to settle this and move on. For us Bill I wish we had some kind of IT database that would tell us all of the information about one property owner. She is in our building and she is thinking she is dealing with the Town of Plainfield and not this section or that section. I think we ought to reach some kind of compromise here. Are you comfortable with that? Ms. Franklin asked, what are my total fee that I owe then? Mr. Kirchoff said we haven t decided that yet. If we saw it was needed in July and nothing happened until August, there was another month there. I think your property was in worse repair than when we saw it in July so I feel you have some responsibility here for the monies that we have expended. Mr. McPhail said I might add that I suspect, I don t have the records, but I suspect that we received a complaint from a neighbor or we wouldn t have been out looking at it. We don t have time to go out and drive up and down the roads looking for high grass. Ninety-nine percent of the time it is a response to a complaint. So, the property! 8

9 had to have been in bad enough condition that somebody brought it to our attention. Ms. Franklin said I don t know about that because I haven t had any complaints from any neighbors. Mr. Brandgard said I agree but I think the issue is she was dealing with water and sewer to get the billing address correct on that. Mr. Brandgard said the issue is the County has three databases out there on one piece of property and when we go to one to say who owns it, what s the name on this address? That is the one that we use. Mr. Brandgard said I don t think we maintain addresses on properties other than in water and sewer. We don t control that. Mr. Brandgard said I think that is the big issue; we have to come up with a better way of making sure that the address the County has is the one that we need. Mr. Bennett said we also have an issue; our departments don t have access to our utility customers. It is kept private. Mr. McPhail said and they shouldn t have. Mr. Bennett said that is correct. Ms. Whicker said then we follow the ordinance and in the future there is not a problem. If the ordinance is followed, there is not a need to contact them. Mr. Kirchoff said or the Planning and Zoning consider whatever database they are going to look at to make sure they have the right address. I would suggest a motion that we adjust the bill for mowing from $ to $ for April Franklin at Old National Road. Second by Mr. McPhail. None opposed. Motion carried. Ms. Franklin said so I just need to pay that? How long will it take? Do I need to come back tomorrow to Planning and Zoning or who do I pay this to then? Mr. Bennett said you can come to the Clerk/Treasurer s office and we can help you take care of that. Once we receive your money we will be glad to prepare the documentation to release the lien. Mr. Brandgard said we apologize for this happening. Ms. Franklin said like I said I don t plan on being back here for mowing. Mr. Brandgard said thank you. Ms. Franklin said thank you. Mr. Brandgard said Ryan Bozell has indicated that he would like to speak to us this evening. Mr. Bozell at 1915 Gladden Road said I m with the Sports Center in Plainfield on Gladden Road. We just recently purchased the facility back in October but have actually operated the business in there for about the last three years. We run primarily volleyball tournaments for teams pretty much throughout the Midwest but our tournaments have grown significantly over the past few years. With that it has created a parking issue. Our parking lot is not sufficient enough to handle the amount of people that we are bringing in. We do believe that it is significant even with the impact for the Town of Plainfield with filling hotels, the mall, shopping, restaurants, so basically what we are asking at least on a temporary basis is to remove or at least allow parking on the weekends along Gladden Road. Right now there are no! 9

10 parking signs that go up and down Gladden on both sides. I m going to pass this around to give everybody to look at. We went out today and it shows that there is enough room for cars to park on both sides of the road and for traffic to still flow with what seems to be enough space in both directions. So, that is what we are asking for at least on a temporary basis. The plan is to look into what the cost would be to put additional parking at the facility. With talking to Kent and talking to Joe James it is a little bit of a process for us to even start that. I really have no idea at this point what the cost would be so that is where we are is to ask for on a temporary basis to be able to allow people to park on Gladden at least on Saturday and Sunday. Mr. Brandgard said I m glad you are successful so don t take my comments too terribly wrong. The reason that there is no parking signs out there is because of the parking problems that the facility is creating out there along the road. As I recall, that is when we put the no parking signs out there to start with. Chief Russell look at this picture and tell me if there is parking there, is there a problem with emergency vehicles. Chief Russel said there could be. (Inaudible). Mr. Carlucci said ever since this facility was opened (inaudible). But ever since this facility opened the reason we put no parking out there was because the cars (inaudible). There s a lot of trash out there and I think you have seen Joe James comments about some suggestion (inaudible) because we do want them to be successful but I know that he has been aware of the problem too. To have traffic on both sides I think is a real problem (inaudible). I went there a couple of weekends ago, two weekends ago and those cars some were on that right-of-way on the south side (inaudible). They were almost three-quarters of the way down (inaudible). They were parking at the All Seasons Insulation (inaudible). But this is a longstanding problem. (Inaudible). Mr. Brandgard said I don t think parking on both sides (inaudible). Mr. Kirchoff asked, would one side help you? Mr. Bozell said yes; anything would help at this point. Mr. Kirchoff said there is a big empty lot on the north side. Mr. Bozell asked, the north side of our building? Mr. Kirchoff said no the north side of Gladden Road there is a big empty lot when you get to the corner of Gladden Road and Clarks Creek. Could that be used? Mr. Bozell said I know there is an insurance company there. Mr. Kirchoff asked, am I not thinking right? (Inaudible). Mr. Bozell said on the south side yes. side. Mr. McPhail said Pools of Fun has some property on the south Mr. Bozell said yes but it is just a grass lot. Mr. Kirchoff asked, isn t Gladden Road the one that runs into the apartment complex? Mr. Bozell said the apartment complex are on either side of it. Mr. Kirchoff said if I m standing at Clarks Creek Road and looking east, I have the little offices where Avatar used to be in those. What road am I on? Mr. McPhail said you need to go behind the building. Mr. Brandgard said if you front Gladden Road at Clarks Creek, you would be looking right down into the road into the mall.! 10

11 Mr. McPhail said Pools of Fun is on the south side of Gladden Road and an insurance agency is on the north side. Mr. Kirchoff said I m too far north okay. Thank you. Mr. McPhail said Crown Plaza Apartments has an empty lot there. Ms. Whicker said I think what is important too is the fact like Rich mentioned the people are not just here locally in Central Indiana but I know those teams travel far and they book hotels for two or three nights. They are here with the shopping and the industry and there are a lot of times in between games and they are here in our Town. When you have a large tournament approximately how many teams or how many players are registered? Mr. Bozell said we have upwards of a teams per year. We are using other facilities throughout Indianapolis. At our facility on any given weekend we figured out over the two days there are probably about 2,000 people but that is at different times. Depending on when they are scheduled some are there and some are not so it just depends. Ms. Whicker said because of the intervals between games are some of the parking spaces vacated before the next game? Mr. Bozell said it is hard because it is pretty much all at once because it is pool play so you will have four teams on a court at a time for five to six hours. They pretty much stay there or they will leave to get something to eat or whatever. Mr. Bozell said other than All Seasons next door, which they only have spots; there is not a lot and the apartment complexes aren t really going to let us use theirs. Pools of Fun is right next to us and they really don t have parking. There is just nothing else there that is really of any size that we could use that is going to give us any significant help. Mr. Kirchoff asked, what are you considering as a permanent solution? Mr. Bozell said what we want to do is look into putting in parking. I talked to Kent a little bit about this today. Really that is probably the only permanent solution. The problem is twofold; it is going to be very significant as far as cost. It is something that we probably can t just write a check for and beyond that going to the bank and asking for that kind of money to put in a parking lot most likely especially in this economy environment probably doesn t go over real well. But we are going to explore it and find out so that is why I m asking for a temporary solution now. I might be back here in six months and say here is what I found out or work with Kent or whatever it might be with the chamber and go about it another way. Mr. McPhail said Ryan and I discussed this last week because we were trying to get him a little help last weekend and we just couldn t do it because of the ordinances or there wasn t anyplace to go to maybe get a temporary ease on the parking. I explained to him the history of this facility that we have run into this situation before and the prior owners had promised us at one time to expand the parking and they didn t do it. It just kept getting worse and worse and we implemented a no parking ban. It was the abuse of the folks visiting this facility that caused the no parking ban. They certainly have room to do it but it seems to me that the previous owner and some of the layout indicated that he didn t want to expand that because he was going to put athletic fields out there. I don t think that is your problem at this point and time. I think he is looking more at the cost. One of the issues that he has run into, and I think Jeff Roberts has helped you a little bit, is that our ordinance says that he has to have paved parking, which certainly drives the cost up beyond stone. So, other than the last couple of weeks he has only been able to do just a little bit of research and found out from Joe that really even trying to put parking in the front of his building would probably take two or three variances to the ordinance because it is a front yard instead of a back. He has an issue right now and there is no quick way to solve it and right now is the heart of tournament time.! 11

12 Mr. Brandgard asked, have you considered talking with the mall to allow parking there and having some kind of a shuttle service back and forth? Mr. Bozell said that is definitely a possibility to explore. Mr. Brandgard said as a temporary solution until you come up with a final solution. Mr. Bozell said I thought about that too and the old Wal-Mart as well, those two spots that could potentially happen. I would think that would be cheaper than putting in the amount of parking that we need. Mr. Bozell said I know the hotels do that but I think what they have run into, and I think that has been tried a little bit, is if you have four teams staying in a hotel and they all have to be there at 7:30 in the morning and they have one shuttle that carries eight people, they have run into some issues with that too. I m always opened to any kind of suggestions that anybody would have to try to fix it. Basically, what we would ask for is until mid June and really then we still have until the end of the year because our tournaments basically go from January to the middle of June and then we have nothing until the next year. So, it gives us some time; I guess it buys us some time to try to find a final solution. Mr. Kirchoff asked, are we the right body for this? Mr. Brandgard said we can do the parking on the street. Mr. Kirchoff asked, would north or south work better for you? Mr. Bozell said well just because what Mr. Carlucci mentioned I would prefer the south just because that s what comes up against our facility. That would make more sense. Mr. Kirchoff said and weekends only. Mr. Bozell said yes; just Saturday and Sunday. Mr. Kirchoff asked, they don t start on Friday night or anything? Mr. Bozell said no. Mr. McPhail said you can get several cars on the south side. Mr. Brandgard said you can park on the west side of the building if you can get to it, did I see that somewhere? Mr. McGillem said we looked and we pretty much agreed that we could provide additional access off of Gladden Road if they wanted to come in along the west side of their property line. As Kent indicated, to put parking in the front there are some BZA variances that would be required. It would be nothing required other than getting a permit access say to come directly into their property for an additional access off of Gladden along the west side right in through there and they could go to a stone lot all the way along their west side. Under the ordinance they can go for six months under temporary stone before it has to be paved. I would think that if you agreed to temporary parking along the south side with the conditions that we talked about and I think if we are going to put temporary parking along the south side and they intend to continue to have these kinds of tournaments next year, there has to be some activity that has to be moving forward to get some additional parking in there. Otherwise, they are scheduling too many people in the building for the facilities that they have. So, I guess my thoughts would be if we went with temporary parking along the one side, there would be movement toward trying to get the parking along the west side with the additional access, that could provide for quite a bit of additional parking on a stone lot and tie in with their parking on the south side. Mr. Kirchoff said this may be an unfair question off the top of your head but if they came in and that was a new project today and they told us what they were going to put in there today, what kind of parking spaces would we require?! 12

13 Mr. McGillem said when this came in originally, when Lance brought this in and we discussed parking, there was discussion at the initial time that there was going to be this problem associated with the changeover if they scheduled these types of programs. If you have one set of timeframe for a sporting event and then you have another event coming in, you have an overlap so you have this. At that point and time there was additional parking under the original sports complex that was never put in along the west side and extending the lot that is currently on the south side all the way to the west property line. At that point and time the sports complex also owned the lot that went all the way out to Clarks Creek Road between Pools of Fun and the Larry Good Mr. Brandgard said Rhoades Beverage. Mr. McGillem said right that lot in there; that was all part of the sports complex when it originally came in, which also would have allowed for added parking. You also have right now south of the existing parking lot; that old area in there, which is still part of the sports complex. It was kind of set up as a dry area and I m pretty sure when Premier came in and sold off and built the pond, the new pond right there, that pond right there Kent and I are pretty sure that receives the storm water runoff of that parcel to the south. So, I think there are even opportunities to put parking in there. It always was indicated from the time that this building was initially constructed that additional parking was needed that would have been expanded and it just never has been expanded. Now with the success that they are having here, which was the intent of the building, if that is going to go, that parking has to go in somewhere. Mr. Kirchoff said so if he came in and said I want to build that facility for volleyball tournaments, how many parking spots should there be? now. Mr. McGillem said probably twice as many as what they have right Mr. Kirchoff said what I m saying is with a new project we would require x number of spots and that is probably what we ought to probably be working with you on. If it was new, and it s not, we understand that but I guess I m sitting here saying we ought to grant a waiver for the summer and then continue to work with you and have some kind of a plan in place say July 1 st for a permanent solution. Is that reasonable to you? Mr. Bozell said I think so. Mr. Kirchoff said not that it is done but we have a plan by summertime. Mr. Bozell said yes. I mean I don t know the exact process. I will probably have Jeff help me with some of that as far as how that works. But as long as you guys that s okay. Mr. Kirchoff said you have an immediate problem, which we ought to respond to but we need to also be thinking about a permanent solution. Is that fair? Mr. Brandgard said we will need a motion to allow parking on the south side of Gladden Road. Mr. Kirchoff said for weekends only through the end of June so my motion would be that we would allow parking on the south side of Gladden Road from Clarks Creek Road to some designated spot west of your entrance until the end of June. And then we would expect a plan in place by August 1 st. Second by Mr. McPhail. Mr. Brandgard said there is a motion and a second to allow weekend parking on the south side of Gladden Road until the end of June and to have a plan provided to us on how you are going to handle the parking by August 1 st. Mr. Kirchoff said from what I heard Don say we don t want it to go east of his driveway. Mr. McGillem said I wouldn t mind on a temporary basis even extending east of the driveway as long as we hold out back from the driveways. Like Rich says an adequate distance to where there is a! 13

14 reasonable sight distance when somebody is trying to pull out of the drivers to get out on Gladden Road. Mr. Kirchoff asked, are we saying it could be the south of Gladden Road from Clarks Creek Road to the Metropolis with appropriate spacing around his entrance? Mr. Carlucci said (inaudible). Mr. McPhail said just don t block any entrances. Mr. McGillem said they have an entrance but it is not used; it is blocked off; it is an emergency entrance. Their main entrance should be off of Metropolis Parkway. Mr. Brandgard said I would say allow parking down through the entrance to the apartments. Mr. Bozell said if we could go all the way to the Metropolis, that would be good. They have just the one entrance there and there is a lot of room between that and the Metropolis that would give us a lot more parking. Mr. Kirchoff said I would amend my motion that it be from Clarks Creek Road to the Metropolis on the south side only. Mr. McGillem asked, will the no parking signs indicate parking only on Saturday and Sunday? Mr. Kirchoff asked, will you do that Mr. Castetter? Mr. Castetter said (inaudible). Mr. Kirchoff said or it could go the other way; no parking Monday through Friday, either way. Mr. Bozell said I would prefer the bags just because we have another big tournament. Mr. Castetter said (inaudible). Mr. Brandgard said that may be the quick solution. Mr. Castetter said (inaudible). Mr. Bozell said if you guys just told us how to do them, we could do that. Mr. McPhail said yes I would let him put them out. Mr. Brandgard said as far as the markings on the curbs that is something that Public Works does as far as painting yellow. Mr. Castetter said (inaudible). Mr. Brandgard said good point. The motion is that we allow parking on the south side of Gladden Road from Clarks Creek to the Metropolis Lane on weekends only with the drive entrances to be marked. This will be allowed until the end of June with a plan brought to us by the first of August to deal with the parking situation. With no further discussion all those in favor signify by aye. None opposed. Motion carried. Again congratulations with having success out there. TOWN MANAGER S REPORT Mr. Carlucci said I m glad we had those discussions. Those are two of Joe James items and I told him I would take care of those tonight. But I have one more. As you know, Joe is applying for funds for a facade improvement program and we have some deadlines. Actually, we will have some resolutions for the Town Council to consider at the next meeting that involve this. But he received a letter from the Department of Natural Resources. Apparently, they have to circulate this to every State agency imaginable. So, DNR had two comments. For all of the buildings that would be receiving facade improvements they would like a materials schedule for the doors and the windows. I don t know the exact address where this building is but apparently at 207/211! 14

15 W. Main Street they had some concerns about an overhanging canopy that would be constructed. They didn t think that was appropriate because they consider the theater canopy appropriate because of its historical nature but not just to put another canopy up. Mr. Kirchoff asked, are you talking about our streetscape project? Mr. Brandgard said yes. Mr. McPhail said DNR? Mr. Bennett said they have an historic division. Mr. Carlucci said so this will require us to spend a little more money. There is really no good news here. Mr. Kirchoff asked, are these requirements or information requirements? Mr. Carlucci said here is what they want us to do. They want us to provide this information of what is going to happen to these buildings. Joe, of course, gets this letter and he is struggling to determine what he has to do. We are not capable as a Staff of providing that information. So, he went to Ratio Architects, which was the firm that we used on the interurban building and they are very good at what they do and there is a little good news. They estimated that to provide that information to DNR would be about $1, and not to exceed a maximum of $3, Like any of these programs, this is the good news, if we spend this money, it does go against our percentage match. So, we were going to have to spend a certain amount of money anyway; it was an 80%/20% match. We are out 20% so this goes towards that 20%. So, I just wish Joe was here but I can see his point; we don t have the capability to do what they are asking us to do as a Staff. This is technical information and it would be my recommendation that we go ahead and go forward with the understanding that this will be applied towards our 20% match, which is what we would have had to pay in any case. Mr. Kirchoff asked, what if we don t respond? Mr. Carlucci said if we don t respond, I think this would pretty much stop the grant process. Without this information we are not going to be able to move forward. Mr. Brandgard said they are not going to give their approval if it stops the process. Mr. Carlucci said the only little bright light here is that it will go towards our 20% match, which we were going to have to pay at some point anyway. This does shift part of that over to the State side. If they allow us $2, let s say, then their part goes up on the other end. Mr. Bennett said Joe did come into my office and I was able to make him feel better when I told him we could find the money. We had several departments step forward and volunteer some of their budget. So, we are in good shape there. Considering this is about 10% of Joe s department s budget we did find the money if the Council desires to move forward. Mr. McPhail said I have spent a lot of time and energy the last few years trying to get this project moving and I don t want this to hold it up but all we did from the State level today is find out how inapt local government operates now and how inefficient it is. This is just another situation where we have State government with a ridiculous request that has nothing to do with what we are doing in our Town and we have to spend money and effort to feed another bureaucratic department at the State level. It is just absolutely mind boggling. Ms. Whicker asked, is this authentic or is this historical or could it be look alike? Mr. Carlucci said it just has to be compatible. Ms. Whicker said so it could have the look of.! 15