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HomeMy WebLinkAboutBPW-08-20-97CARMEL BOARD OF PUBLIC WORKS MEETING MINUTES WEDNESDAY, AUGUST 20, 1997 -- 1:30 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEM~PRF.~.~: Mayor James Brainard; Board Members Mary Ann Burke and Billy Walker. Deputy Clerk Rebecca Wolf also attended. Mayor Brainard called the meeting to order at 1:38 p.m. The mayor stated the Board of Public Works would meet at 10 a.m. instead of 1:30 p.m. beginning with the next meeting. APPROVAL OF MINUTES: Board Member Walker moved to approve the minutes of the August 6, 1997, regular meeting. Mayor Brainard seconded. The minutes were approved 3-0. BID AWARD (ADD-ON): Wastewater Treatment Plant Primal_ Tanks. Contract 13: John Duffy recommended the board award the bid to Maddox Industrial Contractors, Inc. for $2,726,000. He stated Maddox was the lowest most responsible bidder. Mayor Brainard moved to award the bid to Maddox. Board Member Walker seconded. The bid award was approved 3-0. Mayor Brainard stated the city's infi'astmcture bond issue had been bid at 1:00 p.m. The bond issue was purchased by Smith Barney of Chicago for an interest rate of 5.28 percent, which was about one-half point below the city's estimated rate. PROPOSAL AWARDS: Telecommunications Tower: City Attorney Debra Grisham clarified her recommendations were limited to the legal issues in the lease, and that the business decisions were up to the board. Ms. Grisham stated that GTE and Sprint had been very cooperative in their collocation on the existing tower on Third Avenue SW. Mayor Brainard asked if another company could collocate on the tower. Ms. Grisham stated there were provisions that GTE and Sprint would have to entertain a request to collocate, but that, by ordinance, no more than four users could collocate on one tower. Mayor Brainard asked what could prohibit the cellular communication companies from charging outlandish rates to other users. Ms. Grisham stated the law included a reasonableness clause. Board Member Burke asked if the city was getting a fair amount of money for the lease. Ms. Grisham stated that Ameritech had leased the city's water tower for similar amounts as Sprint and GTE were proposing to lease the communications tower. Mayor Brainard asked what had been resolved regarding ownership of the tower. Ms. Grisham explained that only the auditor's tax records showed the city owns the tower. She stated that GTE had been paying taxes on the tower, but the property was listed as the city's property. Ms. Grisham stated GTE had agreed in the proposed lease that the city owns the tower. Mayor Brainard asked if the city was taking steps to show it owned the property. Ms. Grisham stated the city was filing a memorandum of lease and either a quiet title action or a quitclaim deed. She stated that when GTE asked if they could locate a tower at this site in 1990 a quitclaim deed was obtained, but was never filed or was misfiled. Mayor Brainard asked if anything else would be filed to show the city owned the tower. Attorney Mike Keel, representing GTE, stated his client had agreed to sign whatever documents were needed to be executed to show the city had ownership of the tower. Mr. Keel stated that GTE had constructed the tower and had participated in an agreement with the city not to pay rent on the tower for 20 years and to abandon the structure to the city at the end of the lease for $1. He stated this original draft of this lease in 1990 was never executed. Mr. Keel explained the city had asked GTE to participate in the proposal process, pay rent and relinquish any rights to ownership of the tower. He stated GTE and the city respectfully disagreed with one another in terms of what a court would find regarding ownership of the tower. He also steadfastly maintained GTE was the owner of the tower. Mr. Keel stated GTE was being asked to relinquish any right or interest the company had in the structure by way of lease terms and provisions and by execution of any other needed documents. Mr. Keel stated that GTE agreed to executing another document if necessary since the company already had agreed the city owned the tower by way of the proposed lease. Mayor Brainard moved to accept GTE and Sprint's proposal to locate on the telecommunications tower. Board Member Walker seconded. The proposal was approved 3-0. Water Plant No. 5: Ms. Grisham stated Sprint would be placing a monopole to the east of the existing plant in the approximate location of the existing temporary structure. Utilities Manager John Duffy stated the proposed height of the tower was 120 feet and he believed it was behind the setback line. Larry Wallace, representing Sprint PCS and Cellular One, stated the pole would be made of metal and possibly be 6 to 8 feet in diameter at the base. Mayor Brainard asked if the city had a certificate of insurance for the duration of the lease showing that if any damage occurs as a result of the pole the city is covered. Ms. Grisham stated Sprint and Cellular One were required to indemnify the city for the duration of the lease. Board Member Walker moved to accept the proposal on the condition the tower was built behind the setback line. Mayor Brainard seconded. The proposal was accepted 3-0. Mr. Wallace withdrew item 7d from the agenda, Sprint PCS's request to extend temporary location permits at 483 Third Avenue SW and 5484 East 126th Street. ~: ~: Mayor Brainard opened the following two bids and gave them to Mr. Duffy for advisement: Morton Salt, $38 per ton and Cargill, $36.45 per ton. The mayor told Mr. Duffy he could return later at the meeting and make a recommendation. CONTRACTS: Agreement for Professional Services with Ouandt. Inc.: Mayor Brainard moved to approve the agreement. Board Member Burke seconded. Joe Staehler, director of the Department of Administration, explained the contract was to organize storage on the fourth floor of City Hall to comply with fire regulations and load bearing limitations. The contract was approved 3-0. Agreement for Professional Services with Blue & Co.. LLC: Mayor Brainard moved to approve the agreement. Board Member Walker seconded. The contract was approved 3-0. CLAIMS: Mayor Brainard moved to approve the claims as listed on the agenda. Board Member Walker seconded. Claims were approved 3-0. Mayor Brainard stated he had skipped agenda item 4c, a contract with ADT. Agreement for Professional Services with ADT Securi _ty Systems: Mayor Brainard moved to approve the agreement. Board Member Burke seconded. The contract was approved 3-0. REQUEST TO CLOSE STREET: Neighborhood Picnic: Linda Holland. Mohawk Crossing Women's Association: August 24. 1997: Mayor Brainard moved to approve the request subject to the organization using movable barricades. Board Member Walker seconded. The request was approved 3-0. OTHER: Request for Sewer and Water Availability: Hot Shots Photo/Einstein Brothers Bagels: 625 East Carmel Drive: Mayor Brainard moved to approve the request. Board Member Walker seconded. The request was approved 3-0. Plat Signatures: Keltner Building. 570 West Cannel Drive: Mayor Brainard stated this item had been approved at the special meeting on August 18, 1997. Commercial Curb Cut: King of Glory Church. 2201 East 106th Street: Wes Bucher of King of Glory Church Building Committee presented information regarding the curb cut. Mayor Brainard moved to approve the curb cut. Board Member Walker seconded. The cut was approved 3-0. Settlement Agreement with Indiana Construction Co~: Construction of Water Plant No. 5: Mayor Brainard moved to approve the settlement agreement for $200,000. The mayor explained the history of the project and the 18 months of negotiation. Mr. Duffy stated the agreement was acceptable to him. Mayor Brainard stated the owner of Indiana Construction Corp. had signed the agreement. Board Member Walker seconded the mayor's motion to approve the agreement. The settlement agreement was approved 3-0. Award for Rock Salt Bid: John Duffy recommended the board award the bid for rock salt to Cargill for $36.45 per ton. Mayor Brainard moved to award the bid to Cargill. Board Member Walker seconded. The award was approved 3-0. The meeting was adjourned at 2:20 p.m. Respectfully submitted,