HomeMy WebLinkAboutBPW_Minutes_8.5.2020Board of Public Works and Safety
Meeting Minutes
Wednesday, August 5, 2020 - 10:00 AM
Via Videoconference
MEETING CALLED TO ORDER
Mayor Brainard called the meeting to order at 10:00:00 AM
This meeting took place via teleconference in conjunction with guidelines from Executive Orders from
the Governor of Indiana.
MEMBERS PRESENT
Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jenny
Stites were present.
MINUTES
Minutes from the July 15, 2020, Regular Meeting were approved 3-0
PERFORMANCE RELEASE APPROVAL REQUESTS
Resolution BPW 08-05-20-01; Kensington Green; Right-of-Way and Erosion Control; Turtle
Pond Partners: Board Member Burke moved to approve; Board Member Watson seconded; request
approved 3-0.
Resolution BPW 08-05-20-02; Copper Run; Signs; Pulte Homes: Board Member Burke moved to
approve; Board Member Watson seconded; request approved 3-0.
CONTRACTS
Request for Additional Services Amendment to Agreement for Goods and Services: Victory
Sun, Inc. ($11,700.00); Carmel Artomobilia 2020; Nancy Heck, Director, Department of
Community Relations: Board Member Burke moved to approve; Board Member Watson seconded;
request approved 3-0.
Request for Purchase of Goods and Services: CityInk Company ($20,920.00); Carmel ‘round
about right reprint; Nancy Heck, Director, Department of Community Relations: Board Member
Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Approval: Water Reimbursement Agreement Between the City of Carmel and
Lauth Construction, LLC; Lauth Construction ($18,630); Carmel Medical Arts Pavilion water
main extension; John Duffy, Director of Utilities: Board Member Burke moved to approve; Board
Member Watson seconded; request approved 3-0.
Request for Approval: Service Agreement; Street Smart, LLC ($18,000.00); Hamilton County
Sheriff’s regional information sharing software; Jim Barlow, Chief of Police: Board Member
Burke moved to approve; Board Member Watson seconded; request approved 3-0.
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
REQUEST TO USE CITY STREETS/PROPERTY
Amended Request to Use Gazebo and Fountain area with closure/use of adjacent streets; USA
Today Wine & Food Experience 2020; September 26, 2020, 9:00 AM to 12:00 AM; Steve
Shembab: Board Member Burke moved to deny; Board Member Watson seconded; request denied 3-
0.
Request to Use Gazebo; Student Concert; August 29, 2020, 10:00 AM to 7:00 PM; McKenzie
Conrad, Carmel Music Academy: Board Member Burke moved to approve; Board Member Watson
seconded; request approved 3-0.
Request to Use Gazebo; Memorial for John Burkhard; July 25, 2020, 10:30 AM to 2:30 PM;
Elizabeth Burkle: Board Member Burke moved to approve; Board Member Watson seconded; request
ratified 3-0.
Request to use Council Chambers; Traditions on the Monon annual homeowner’s meeting;
November 10, 2020, 6:30 to 9:30 PM; Francesca York, Traditions on the Monon HOA: Board
Member Burke moved to deny; Board Member Watson seconded; request denied 3-0.
Request to Use Carter Green; 10th Anniversary Fundraising Gala for The Center For The
Performing Arts; September 17, 2021, 1:00 to 11:00 PM; Jeff Steeg, The Center For The
Performing Arts: Board Member Burke moved to approve; Mayor Brainard seconded; request
approved 3-0.
Request to Use Carter Green Amphitheater; Carmel Rotary Club Meeting; July 17, 2020, 11:00
AM to 1:00 PM; Shell Barger, Carmel Rotary: Board Member Burke moved to approve; Board
Member Watson seconded; request ratified 3-0.
Request to Use Midtown Plaza; Midtown Stage Entertainment by Actors Theatre of Indiana;
August 8, 2020, 7:00 to 9:00 PM; Meg Gates Osborne: WITHDRAWN
Request to Use Midtown Plaza; Midtown Stage Entertainment by Carmel Symphony Orchestra;
July 30, 2020, 3:00 to 8:00 PM; Meg Gates Osborne: Board Member Burke moved to approve;
Board Member Watson seconded; request ratified 3-0.
Request to Use/Close City Streets; Neighborhood Party; September 26 and October 3, 2020
(backup date), 12:00 PM to 12:00 AM; Josh Corwin, Kingswood HOA: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
Request to Use Tarkington Theatre and Use/Close Streets; City of Carmel Veterans Day
Ceremony; November 10, 2020, 11:00 AM to 2:00 PM; Sondra Schwieterman, Event Organizer:
Board Member Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request to Use Gazebo; Student Get-Together; August 2, 2020, 6:00 to 8:30 PM; Katherine
Peters: Board Member Burke moved to approve; Board Member Watson seconded; request ratified 3-
0.
Request to Use/Close Street; Presentation in front of The Cat; August 7 and August 8, 2020; 5:00
to 11:00 PM; Jonathan Scoble, Director of Development, The Cat: Board Member Burke moved to
approve; Board Member Watson seconded; request approved 3-0.
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Request to Use Gazebo; Summer Showcase for Students; August 9, 2020, 12:00 to 7:00 PM; Blair
Clark, Blair’s Studio: WITHDRAWN
Request to Use Gazebo and Japanese Garden; Wedding Vow Renewal; September 7, 2020, 10:00
AM to 2:00 PM; Maria Spratford: Board Member Burke moved to approve; Board Member Watson
seconded; request approved 3-0.
Request to Use Gazebo and Fountain Area; Wedding; August 14, 2020; 12:00 PM to 10:00 PM;
Penny Foster: Board Member Burke moved to approve; Board Member Watson seconded; request
approved 3-0.
Request to Use Veterans Memorial Plaza; End of WW II Memorial; August 14, 2020, 9:30 to
11:00 AM; Kelli Prader, Department of Community Relations: Board Member Burke moved to
approve; Board Member Watson seconded; request approved 3-0.
OTHER
Request for approval of Temporary Easement Agreement between the City of Carmel and
American Aggregates Corporation; 116th Street and Hazel Dell Parkway; Edwin Gehr, American
Aggregates Corporation: Board Member Burke moved to approve; Board Member Watson seconded;
request approved 3-0.
Uniform Conflict of Interest Disclosure Statement (IC 35-44.1-1-4): Adam Aasen: Board Member
Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Release and Settlement of all claims re: 12709 Wembley Road: Jennifer Davidson: Board Member
Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Right-of-Way Vacation; 103rd Street and Illinois Street; Timothy Ochs, Carmel Indy
Holdings, LLC: Board Member Burke moved to approve; Board Member Watson seconded; request
approved 3-0.
Request for Curb Cut/Curb Cut Vacation; 12012 River Road; Jeff Snellenberger: Board Member
Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Lane Restrictions; Rohrer Road; William Ferrell, Duke Energy: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Waiver of Res. BPW 04-28-17-01; 96th Street; Lane Restrictions; Matt Bates, Verizon:
Board Member Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Consent to Encroach; 2934 Brooks Bend Drive; Lisa Watson: Board Member Burke moved to
approve; Board Member Watson seconded; request approved 3-0.
Request for Variance; 2934 Brooks Bend Drive; Lisa Watson: Board Member Burke moved to
approve; Board Member Watson seconded; request approved 3-0.
Consent to Encroach; 5917 Silas Moffit Way; Benjamin and Brandi Heck: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
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Request for Variance; 5917 Silas Moffit Way; Benjamin and Brandi Heck: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
Consent to Encroach; 12515 Bellingrath Street; Samuel and Holly Tamara: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Variance; 12515 Bellingrath Street; Samuel and Holly Tamara: Board Member Burke
moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Replat; Village of West Clay Section 6003-B, Blocks 6 and 7; Luke Jahn, HWC
Engineering: Board Member Burke moved to approve; Board Member Watson seconded; request
approved 3-0.
Request for Replat; Fosters Addition, Lots 9-11; Sam Milligan, Northridge Construction: Board
Member Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Secondary Plats; Bear Creek South, Section 1A and 1B; Michael Morgan: Board
Member Burke moved to approve; Board Member Watson seconded; request approved 3-0.
Request for Replat; Carmelview Lot 2; Connor Ray: Board Member Burke moved to approve;
Board Member Watson seconded; request approved 3-0.
Request for Replat; Newark Village Lot 77; Troy Terew, True North: Board Member Burke moved
to approve; Board Member Watson seconded; request approved 3-0.
Resolution BPW 08-05-20-03; Gramercy West PRIF Agreement; Henry Mestetsky, Director,
Community Redevelopment: Board Member Burke moved to approve; Board Member Watson
seconded; request approved 3-0.
The meeting was temporarily adjourned at 10:32:00 AM in order to set up virtual capabilities for all
parties involved in the following hearing. The meeting was restarted at 10:43:00 AM.
Unsafe Building Hearing – Motion to Vacate and Order to Repair Residential Condominium at
956 Brownstone Trace; Jim Blanchard, Building Commissioner, Department of Community Services
Mayor Brainard introduced the unsafe building hearing; City Attorney Ashley Ulbricht asked all
interested parties to introduce themselves for the record:
William Barkimer, attorney with Krieg DeVault, representing Landmark Community Bank
Kimberly Sutter, attorney representing Brownstone Homes at Guilford Reserve HOA
Russ Jones, attorney, representing judgement lienholder Sandy Fox
Homeowner Antonio Morrison
Ms. Ulbricht provided an opening statement explaining that the City became involved in this matter
when Code Enforcement Officer Brent Liggett was called to the property and discovered extensive fire
damage and other unsafe conditions. This resulted in the house being declared a hazard to the public
health, a public nuisance and not suitable for human habitation, occupation or use. Based upon Mr.
Liggett’s findings, the City enacted an emergency order to vacate the property to protect the public and
the homeowner, as well as an order to repair. Ms. Ulbricht noted that the order to vacate is permanent
until the property is repaired, and the order to repair became final after the homeowner did not request
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a hearing within the 10 days allowed by statute. She stated the City is asking the BPW to affirm its order
to vacate.
The City presented its evidence and questioned witnesses Code Enforcement Officer Brent Liggett and
Carmel Police Department Crime Scene Investigator Karen Sutton.
The City submitted a packet of photographs of the property in question as evidence of its claim that the
home is unsafe.
No other interested parties had any evidence to present.
Ms. Ulbricht summarized by stating Mr. Morrison has been asked to not live at the property while it is
being repaired and that, to date, there has not been substantial progress in the repairs to the home. She
indicated the City is asking the BPW to affirm the order to vacate and require Mr. Morrison to have a
contractor work with the City to ensure the repairs are done pursuant to building standards under
Indiana Code. Mr. Liggett indicated it would be very likely that repairs would require a building permit
issued by the City. Ms. Ulbricht asked that Mr. Morrison be required to have an insurance adjuster work
with Mr. Liggett to ensure the property is rehabilitated properly.
The BPW Members voted 3-0 to continue the order banning habitation until the repairs are properly
made and to require the property be secured.
The hearing was adjourned at 11:50:04.
ADJOURNMENT
Board Member Mary Ann Burke adjourned the meeting at 11:52:14 AM
_____________________________________
Sue Wolfgang – City Clerk
Approved
____________________________________
Mayor James Brainard
ATTEST:
__________________________________
Sue Wolfgang – City Clerk
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146