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HomeMy WebLinkAboutD-2306-16 Speed Hump RemovalSPONSORS: Councilors Campbell and Schleif ORDINANCE D-2306-16 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 8, ARTICLE 4, SECTIONS 8-38 AND 8-39 OF THE CARMEL CITY CODE Synopsis: Amends Carmel City Code § 8-38 to shift the cost of removing a speed hump to the neighborhood that initially requested the speed hump and also amends Carmel City Code § 8-39 to add a new speed hump on Windy Knoll Lane between Millbrae Drive and Cardinal Way. WHEREAS, the Common Council has established certain criteria for the approval, installation and use of "speed humps" within the City of Carmel's (the "City") corporate limits, which criteria have been codified in Carmel City Code Section 8-38; WHEREAS, pursuant to City Code Section 8-38, the cost -of removing a speed hump is borne by the City; WHEREAS, it is in the public interest to require the neighborhood requesting the installation of a speed hump to bear the costs of its removal should the neighborhood later ask for its removal; WHEREAS, the Common Council has established City Code Section 8-39 as its listing of those City locations where at the installation and use of "speed humps" has been approved in accordance with City Code Section 8-38; and WHEREAS, the Common Council finds that the installation and use of a "speed hump" in the City on Windy Knoll Lane between Millbrae Drive and Cardinal Way, such location being more particularly described on the document attached hereto and incorporated herein as Exhibit A, meets all of the criteria /set forth in City Code Section 8-38, as established by the document attached hereto and incorporated herein as Exhibit B, and that such installation and use should therefore be approved. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The construction and use of a "speed hump" at the location identified in the Recitals is approved. Version A Ordinance D-2306-16 Page One of Five This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 8/1/16 at 5:50 PM. It may have been subsequently revised, However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. [eb:m vord:x:\joberlander\ordinanceslamend speed hmnps eindy knoll Olt an4=8-38 and 8.39 clean copy amended.docx:8/1/161 SPONSORS; Councilors Campbell and Schleif Section 3. Chapter 8, Article 4, Section 8-38 of the Carmel City Code is hereby amended and shall read as follows: (c) In addition, Speed Humps should only be considered for installation in neighborhoods or subdivisions where 75% or more of the homeowners in the affected neighborhood or subdivision have indicated in writing that they are in favor of Speed Hump installation, except in instances where the Common Council, with the concurrence of the City Engineer, determines that a Speed Hump may nevertheless be appropriate in an area where such homeowner support has not been demonstrated. For purposes of this section, the requesting neighborhood's Home Owners Association ("HOA") shall be responsible for circulating the petition and obtaining the requisite signatures requesting the installation of a Speed Hump. In neighborhoods that do not have an active HOA, the petition requesting the installation of a Speed Hump may be circulated by any property owner located within 2000 feet of the proposed Speed Hump. The petition in a non -HOA neighborhood must be signed by 75% of property owners located within a 2000 foot radius/from the proposed Speed Hump. Petitions containing less than 20 signatures of property owners will not be considered for approval. In any neighborhood or subdivision where the installation of a Speed Hump is being considered, the following Point System shall be used to determine whether the installation of a Speed Hump is justified. In this regard, to be considered by the Common Council, a proposed Speed Hump installation location must be awarded a minimum cumulative total 25 points under the criteria listed below, and otherwise meet the requirements contained herein for Speed Hump installation: (1) Accident History: The number of reported vehicular accidents that have occurred during the previous 36 calendar months within 2,000 feet of the area being considered for a Speed Hump shall be tabulated. The proposed location shall receive four points per reported accident per 1,000 feet of the street segment being considered. Any accidents occurring at the intersection of an exiting street and a major arterial or collector street shall not be considered in this point assignment. • Example: 2 accidents on the 1,500 foot street segment being considered for a Speed Hump = 2 x 4 x 1000/1500 = 5.3 points. (2) School Zones: The number of public and private schools located within 2,000 feet of the area being considered for a Speed Hump shall be tabulated. The proposed location shall receive three points for each such school. • Example: 3 schools located in the area being considered for a Speed Hump = 9 points. (3) Average Daily Traffic Volume: The number of vehicles traveling on a given day (24-hour period) through the area being considered for a Speed Hump shall be tabulated. The total number of such vehicles shall be divided by 100. The resulting number shall be the points awarded for traffic volume. • Example: 900 vehicles travel in the area being considered for a Speed Hump. 900 100. = 9 points. Version A Ordinance D-2306-16 Page Two of Five This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 8/1/16 at 5:50 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. jeb:msi ord:x:\joberlanderlordinanceslamend speed humps windy knoll ch8 mt4 =8-38 and 8-39 clean copy amendeddocs:8/1/16 SPONSORS: Councilors Campbell and Schleif (4) Vehicle Speed: The speed of each vehicle traveling on a given day (24-hour period) through the area being considered for a Speed Hump shall be tabulated. The posted speed limit at the proposed location shall be subtracted from the 85th percentile speed of such vehicles. The resulting number shall be the points awarded for vehicle speed. • Example: 85th percentile of the speed of vehicles traveling in the area being considered for a Speed Hump is 34 mph. Posted speed limit is 30 mph. 34-30 = 4 points. (5) Pedestrian Served Facilities: If the area being considered for a Speed Hump lies within a 1,000 -foot radius of a pedestrian served facility, such as, but not limited to, a park, church, shopping center, elderly or group housing facility, the proposed location shall receive three points for each such facility, up to a total of six points. • Example: 2 churches and 1 park are located within 1,000 feet of the area being considered for a Speed Hump. 3 x 3 =9 points, reduced to a maximum of six points. (h) The cost of Speed Humps installed pursuant to this section shall be the responsibility of the City. If 75% of the property owners in the neighborhood request its removal within five years of installation, the property owners who signed the petition requesting the Speed Hump shall bear the costs of removal. By signing the petition requesting the Speed Hump, property owners agree to be bound to share equally in the cost of removal of the Speed Hump if it is removed within five years of its installation. The City Engineer shall keep all petitions that result in the installation of a speed hump on file for five years. The City shall bear the cost of removal of the Speed Hump if it has been in place for longer than five years. Removal of Speed Humps shall be performed by the City. The obligation of the requesting neighborhood to pay for the removal of a Speed Hump shall only apply to Speed. Humps approved subsequent to the adoption of Ordinance D-2306-16. Unless the Common Council directs otherwise, all approved Speed Hump installations shall be constructed in the order which they are approved, contingent upon available funding. Section 4. Chapter 8, Article 4, Section 8-39 of the Carmel City Code is hereby amended and shall read as follows: "Sec. 8-39. Authorized Sneed Hump Locations. ,The following City locations are authorized for the construction of "speed humps" pursuant to Section 8-38 above: a) Medalist Parkway between 122nd Street and 126"' Street. b) Emerson Road between York Drive and Sherman Drive. c) Emerson Road between Lantern Lane and Guilford Road. d) Sherman Drive between Emerson Road and Main (131St) Street. e) Milano Drive between LaBlanca Bend and Olivia Lake Drive. Version A Ordinance D-2306-16 Page Three of Five f) Windy Knoll Drive between Millbrae Drive and Cardinal Way. This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 8/1/16 at 5:50 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. [eb:msvord:e:Vjoberlanderlordinanees4imend speed humps Mindy knoll ch8 arl4 sec8-38 and 8-39 clean copy amended.docs:8/l/16j SPONSORS; Councilors Campbell and Schleif g) Reserved." Section 5. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section 6. The remaining provisions of Carmel City Code Sections 8-38 and 8-39 are not affected by this Ordinance and shall remain in full force and effect. Section 7. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. Version A Ordinance D-2306-16 Page Four of Five PASSED by the Common Council of the City of Carmel, Indiana, this day of , 2016, by a vote of ayes and nays. This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 8/1/16 at 5:50 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (eb:mavord:s:ljoberlandcrlordin =n amend speed humps eindy knoll ch8 arl4 scc8.38 and 8-39 clean copy amendeddoec:8/1/161 SPONSORS: Councilors Campbell and Schleif O MON COUNCIL FOR7,WITY CA Ron d E. Carter, President Kevin D. Rider dv Sue Finkam, Vice -President - ���D n Laura D. Campbell Carol Schleif Jef 0 1 Presented by me to the Mayor of the City of Car 2016, at .M. Approved by me, Mayor of the City of Carmel, Indiana, 1i C) re 2016, at Ordinance D-2306-16 Page Five of Five this day of 1 , Clerk-Treast riav of Brainard, Mayor This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 8/1/16 at 5:50 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. [eb:ms%cord:x:\joberlander\ordinanusWimend speed humps eindy knoll ch8 m14 =8-38and 8.39 clean copy amendeddocx:8/1/16] Windy Knoll Speed Hump Location Appro i . m t UO—C I ton June 24, 2016 N 1:3,600 00.03 0.06 0.12 mi Parcels 0 0.05 0.1 0.2 km EXHIM-T—!:=d Basemap information here II �i. r74,j�r y, Appro i . m t UO—C I ton June 24, 2016 N 1:3,600 00.03 0.06 0.12 mi Parcels 0 0.05 0.1 0.2 km EXHIM-T—!:=d Basemap information here Windy Knoll Speed Hump Location .June Zit, wi a N 1:3,600 Parcels 0 0.03 0.06 0.12 mi EXHIBIT 0 1 , _ 0 0.05 0.1 0.2 km Basemap information here Memorandum To: Carmel City Council From: Jeremy Kashman Date: 7/22/2016 Re: Speed Hump on Windy Knoll Lane Please find below a summary of the analysis of the data collected in regards to the installation of a speed hump on Windy Knoll Lane. The data collected has been analyzed against the City of Carmel Code Section 8-38 Speed Humps. The code establishes criteria and a point system that are detailed below for the installation of a speed hump. The information below lists the criteria with the analysis results in bold print. A proposed speed hump installation location must be awarded a minimum cumulative total of 25 points and otherwise meet the requirements to be recommended for installation A. There is a demonstrated traffic or speeding problem and alternate measures have not sufficiently addressed the.problem. A speed hump analysis was requested by the public due to speeding and traffic concerns. B. It is not anticipated that the installation of the speed hump will cause the diversion of significant amounts of traffic to another local or residential street. At this time, the speed hump is not anticipated to divert traffic to other local and residential streets. Therefore, it is anticipated that this criteria would be met. C. The road slope and curvature allow for safe installation. It is anticipated that the speed hump will be placed on a straight section of roadway without significant grade changes. Therefore, it is anticipated that this criteria would be met. D. The current posted speed limit on the street where the speed hump is to be placed is no greater than 30 m.p.h.. The current posted speed limit is 25 m.p.h... Therefore, it is anticipated that this criteria would be met. July 22, 2016 E. The average daily traffic (ADT) on the street where the speed hump is to be placed is no greater than 3,000 vehicles per day (VPD) and no less than 200 VPD. Traffic counters were placed in the proposed area between March 28, 2016 and April 4, 2016. During this time, the average daily traffic was recorded to be 776 average vehicles per day. This meets the criteria of less than 3000 vehicles per day and greater than 200 vehicles per day. F. Speed humps should only be considered for installation in neighborhoods or subdivisions where 75% or more of the homeowners in the affected neighborhood or subdivision have indicated in writing that they are in favor of speed hump installation. A petition signed by homeowners was provided when a speed hump study was completed in August/September 2015. The following items identify the point system and the points awarded by our analysis: A. The number of reported vehicular accidents that have occurred during the previous 36 calendar months within 2,000 feet of the area being considered for a speed hump shall be tabulated. The proposed location shall receive four points per reported accident per 1,000 feet of the street segment being considered. Any accidents occurring at the intersection of an existing street and a major arterial or collector street shall not be considered in this point assignment. One accident was reported during this time frame in the specified area. This will result in 4.3 points being awarded. B. The number of public and private schools located within 2,000 feet of the area being considered for a speed hump shall be tabulated. The proposed location shall receive three points for each such school. No school zones were determined in the specified area. This will result in 0 points being awarded. C. The number of vehicles traveling on a given day (24-hour period) through the area being considered for a speed hump shall be tabulated. The total number of such vehicles shall be divided by 100. The resulting number shall be the points awarded for traffic volume. The total average daily traffic recorded was 776 vehicles. This would result in 7.8 points being awarded. D. The speed of each vehicle traveling on a given day (24-hour period) through the area being considered for a speed hump shall be tabulated. The posted speed limit at the 2 EX'! _�� July 22, 2016 proposed location shall be subtracted from the 85th percentile speed of such vehicles. The resulting number shall be the points awarded for vehicle speed. The posted is 25 m.p.h.. The 85`h percentile speed was recorded to be 32.7 m.p.h.. This would result in 7.7 points being awarded. E. If the area being considered for a speed hump lies within a 1,000 -foot radius of a pedestrian served facility, such as, but not limited to, a park, church, shopping center, elderly or group housing facility, the proposed location shall receive three points for each such facility, up to a total of six points. The pedestrian facilities were analyzed. One amenity area is located along Shelborne Road within the specified area and 5 paek/trail areas were also identified. This results in 6.0 points being awarded. Recommendation: From the data collected above, the proposed location does meet the criteria of for the installation of a speed hump. The point system criteria of 25.0 cumulative points were met. The proposed location receives 25.8 points through the conducted point system analysis. With that in mind, a speed hump may be recommended to be considered by the City of Carmel Council for installation on Windy Knoll Lane. 3