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HomeMy WebLinkAboutBPW-06-20-12Office of the Clerk - Treasurer City of C.Irmel MEE'I'IN NOTICE BOARD OF PUBLIC WORKS AND SAFETY WEDNESDAY, JUNE 20, 2012 AT 10:00 A.M. COUNCIL CHAMBERS CARMEL CITY HALL ONE CIVIC SQUARE NOTICE IS HEREBY GIVEN THAT THE CITY OF CARMEL BOARD OF PUBLIC WORKS WILL HOLD A SPECIAL MEETING ON WEDNESDAY, JUNE 20, 2012 AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE THE PURPOSE OF THE MEETING IS CITY BUSINESS ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 City of C rmel Office of the Clerk - Treasurer Board of Public Works and Safety Meeting AGENDA Wednesday, June 20, 2012 — 10:00 a.m. Council Chambers City Hall One Civic Square MEETING CALLED To ORDER 1. MINUTES a. Minutes from the June 6, 2012 Regular Meeting 2. BID /QUOTES OPENINGS AND AWARDS a. Quote Opening for the 96th and Town Road Water Main Extension Project A; 2600 Lineal feet of 16 inch HDPE; John Duffy, Director of the Department of Utilities b. Quote Opening for the 96th and Town Road Water Main Extension Project B; 785 Lineal feet of 16 inch HDPE; John Duffy, Director of the Department of Utilities 3. PERFORMANCE RELEASES a. Resolution No. BPW- 06- 20- 12 -03; Village on the Monon; Interior Sidewalks; Darlene Lorenz, Anderson Corporation b. Resolution No. BPW- 06- 20- 12 -04; Village of West Clay Harleston Street; Erosion /Sediment Control; Keith Lash, Brenwick 4. CONTRACTS a. Request for Purchase of Goods and Services; MedAssure; ($1,400.00); Household Hazardous Waste Disposal; John Duffy, Director of the Department of Utilities b. Request for Purchase of Goods and Services; Additional Service #35; ($10,000.00); Miscellaneous Engineering; Mike McBride, City Engineer c. Request for Purchase of Goods and Services; Additional Service #36; ($20,000.00); On Call Consulting; Mike McBride, City Engineer d. Request for Purchase of Goods and Services; Van Ausdall & Farrar; (53,703.68); Scanners; Mike Hollibaugh, Director of the Department of Community Services e. Request for Purchase of Goods and Services; Honeywell/Global Technologies; ($5,387.00); Chief Keith Smith, Carmel Fire Department ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2414 f. Request for Purchase of Goods and Services; AMK; ($213,373.50); Radio Replacement and Car Chargers; Chief Keith Smith, Carmel Fire Department g. Request for Purchase of Goods and Services; Change Orders — No. 1, 2, 3, 4; Cool Creek Trails; Harvey Construction; ($11,231.00); These Change Orders are complete and were not submitted to the Board; Mike McBride, City Engineer 5. USE OF CITY FACILITIES /STREETS a. Request to Amend Humane Society For Hamilton County Event at the Gazebo; Dog Day Afternoon; to permit to sell alcohol; Detour's will be selling the alcohol; Jennifer Judd b. Request to Use Caucus Room; Meeting; Several Date; Central Indiana Dance Ensemble c. Request to Use Center Green; Jr. Civic Camp Performance; July 16 —19, 2012; 10:00 a.m. to 12:30 p.m.; Booth Tarkington Civic Theatre d. Request to Use Center Green; Picnic; July 9 -13, 2012; 12:00 p.m. to 1:00 p.m.; Booth Tarkington Civic Theatre e. Request to Use Center Green; Jr. Civic Camp Performance; June 25 — 28, 2012; 10:00 a.m. to 12:30 p.m.; Booth Tarkington Civic Theatre f. Request to Use Gazebo and Common Area; Wedding; Sunday, August 12, 2012; 9:00 a.m. to 5:00 p.m.; Rehearsal Date; August 11, 2012; 3:00 p.m. to 7:00 p.m.; Austin Swift g. Request to Use City Streets; Run; Saturday, September 22, 2012; 6:00 a.m. to Noon; Eric Lindberg — Great Prostate Cancer Challenge h. Request to Use City Streets; Block Party; Saturday, June 30, 2012; 4:00 p.m. tO 11:00 p.m.; Jana Swigart, Avian Glen Neighborhood i. Request to Use Gazebo and Common Area; Retirement Party for Mike Dixon; Friday, July 6, 2012; 4:00 p.m. to 10:00 p.m.; Carol Dixon j. Request to Use Gazebo; Concert; July 1 and July 29, 2012; 3:00 p.m. to 9:00 p.m.; Sam Howard, The Gathering k. Request to Use City Streets; Block Party; Saturday, July 21, 2012; 5:00 p.m. to 10:00 p.m.; M. Jeannine Mattingly; Cottonwood Court Residents 6. OTHER a. Remains tabled 2/15/12; TABLED 2/16/11; Request for Dedication of Streets; Traditions on the Monon; Robert Potokar, HOA Traditions on the Monon b. This Item Will Be Removed From the Table; Appeal hearing Dr. Thomas and Mrs. JoAnn Trancik —14300 Oakbrook Court c. Resolution No. BPW- 06- 20- 12 -01; A Resolution Establishing Presentation of Pistol and Badge; First Class Master Patrol Officer - Robert S. Pelzer; Chief Tim Green, Carmel Police Department d. Resolution No. BPW- 06- 20- 12 -02; A Resolution Establishing Presentation of Pistol and Badge; Lt. Micheal R. Dixon; Chief Tim Green, Carmel Police Department e. Request for Stormwater Technical Variances; Outback Steakhouse f. Request for Dedication of Right of Way; One One Six College; Todd May, JC Hart g. Request for Dedication of Right of Way; Classic Homes; Dilip Patel, Owner h. Request for Lane Closures; Range Line and Carmel Drive; Steve Krebs, AT &T i. Request for Lane Closures /Open Pavement Cuts; Various Locations; Kenneth Slaninka, Cardino TBE j. Request for Lane Closures; Various Locations; Matthew Groves, Duke Energy k. Request for Lane Closure; 12340 Pennsylvania Street; Steve Krebs, AT &T 1. Request for Temporary Construction Entrance; The Barrington of Carmel; Roger Ward, Roger Ward Engineering m. Request for Temporary Construction Entrance; 617 Mayfair Lane; Steve William, Williams Custom Art Builders n. Request for Curb Cut /Temporary Construction Entrance; Lubavitch of Indiana; Greg Snelling, Snelling Engineering o. Request for Grant #HHCCDBG; Auman Newark Neighborhood Improvements; Phase II; Mike McBride, City Engineer p. Request for Variance; 10685 Towne Road, Bella Terra; Tree House in Easement; Skaggs, Andy /Kristen 7. ADJOURNMENT 1 1 BOARD OF PUBLIC WORKS & SAFETY MEETING MINUTES WEDNESDAY, JUNE 20, 2012 —10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Mayor Brainard called the meeting to order at 10:00 a.m. MEMBERS PRESENT Mayor James Brainard, Board Members; Lori Watson and Mary Ann Burke, Deputy Clerk; Sandy Johnson MINUTES Minutes for the June 6, 2011 Regular Meeting approved 3 -0. BID/QUOTES OPENINGS AND AWARDS Quote Opening for the 96th and Town Road Water Main Extension Project A; Mayor Brainard opened the quotes and read them aloud. Company Amount Culy $459, 760.00 TPI S379,060.00 Atlas S360,052.00 Alt. S277,407.00 S249,487.00 S182,270.00 S165,864.00 $140,171.00 The quotes were given to John Duffy, Director of the Department of Utilities for review and recommendation. Quote Opening for the 96th and Town Road Water Main Extension Project B; Mayor Brainard opened the quotes and read them aloud. Company Amount Culy S128,417.00 TPI $ 96, 250.00 TSW S106,440.15 Atlas S182,270.00 S165,864.00 $140,171.00 IThe quotes were given to John Duffy, Director of the Department of Utilities for review and recommendation. 1 1 PERFORMANCE RELEASES Resolution No. BPW- 06- 20- 12 -03; Village on the Monon; Interior Sidewalks; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Resolution No. BPW- 06- 20- 12 -04; Village of West Clay Harleston Street; Erosion /Sediment Control; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. CONTRACTS Request for Purchase of Goods and Services; MedAssure; ($1,400.00); Household Hazardous Waste Disposal; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; Additional Service #35; ($10, 000.00); Miscellaneous Engineering; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; Additional Service #36; ($20, 000.00); On Call Consulting; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; Van Ausdall & Farrar; ($3,703.68); Scanners; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; Honeywell /Global Technologies; ($5,387.00); Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; AMK; ($213,373.50); Radio Replacement and Car Chargers; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Purchase of Goods and Services; Change Orders — No. 1, 2, 3, 4; Cool Creek Trails; Harvey Construction; ($11,231.00); These Change Orders are complete and were not submitted to the Board; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. USE OF CITY FACILITIES /STREETS Request to Amend Humane Society For Hamilton County Event at the Gazebo; Dog Day Afternoon; to permit to sell alcohol; Detour's will be selling the alcohol; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. 1 1 Request to Use Caucus Room; Meeting; Several Date; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Center Green; Jr. Civic Camp Performance; July 16 —19, 2012; 10:00 a.m. to 12:30 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Center Green; Picnic; July 9 -13, 2012; 12:00 p.m. to 1:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Center Green; Jr. Civic Camp Performance; June 25 — 28, 2012; 10:00 a.m. to 12:30 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Gazebo and Common Area; Wedding; Sunday, August 12, 2012; 9:00 a.m. to 5:00 p.m.; Rehearsal Date; August 11, 2012; 3:00 p.m. to 7:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use City Streets,. Run; Saturday, September 22, 2012; 6.•00 a.m. to Noon; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use City Streets; Block Party; Saturday, June 30, 2012; 4:00 p.m. t0 11:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Gazebo and Common Area; Retirement Party for Mike Dixon; Friday, July 6, 2012; 4:00 p.m. to 10:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use Gazebo; Concert; July 1 and July 29, 2012; 3:00 p.m. to 9:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request to Use City Streets; Block Party; Saturday, July 21, 2012; 5:00 p.m. to 10:00 p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. OTHER REMAINS TABLED: Request for Dedication of Streets; Traditions on the Monon Appeal hearing Dr. Thomas and Mrs. JoAnn Trancik — 14300 Oakbrook Court; The hearing started at 10:28 a.m.; Testimony began. A Court Reporter was present to record proceedings. Appeal Hearing ended at 11:15 a.m. — No conclusion was reached. To be continued at a later date Resolution No. BPW- 06- 20- 12 -01; A Resolution Establishing Presentation of Pistol and Badge; First Class Master Patrol Officer - Robert S. Pelzer; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. 1 1 Resolution No. BPW- 06- 20- 12 -02; A Resolution Establishing Presentation of Pistol and Badge; Lt. Micheal R. Dixon; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Stormwater Technical Variances; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Dedication of Right of Way; One One Six College; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Dedication of Right of Way; Classic Homes; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Lane Closures; Range Line and Carmel Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Lane Closures /Open Pavement Cuts; Various Locations; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Lane Closures; Various Locations; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Lane Closure; 12340 Pennsylvania Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Temporary Construction Entrance; The Barrington of Carmel; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Temporary Construction Entrance; 617 Mayfair Lane; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Curb Cut /Temporary Construction Entrance; Lubavitch of Indiana; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Grant #HHCCDBG; Auman Newark Neighborhood Improvements; Phase II; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. Request for Variance; 10685 Towne Road, Bella Terra; Tree House in Easement; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3 -0. ADD -ON Request for Add -On: D Request for Purchase of Goods and Services; Rundell Ernstberger; ($13,000.00); Board Member Burke moved to add the item. Board Member Watson seconded. Item added 3 -0. Board Member Burke moved to approve. Board Member Watson seconded. There was brief discussion. Request approved 3 -0. Request for Replat Approval; Village of West Clay; Section 6001; Blocks A and E; Board Member Burke moved to add the item. Board Member Watson seconded. Item added 3 -0. Board Member Burke moved to approve. Board Member Watson seconded. There was brief discussion. Request approved 3 -0. ADJOURNMENT Mayor Brainard adjourned the meeting at 10:36 a.m. Diana L. Cordray, Cler - Treasurer ayor James Brainard Approved ATTEST: Diana L. Cordray, IA Clerk - Treasurer Prate, /a in ()ales Kibbe, Sharon Page 1 of 2 From: Brainard, James C Sent: Wednesday, June 20, 2012 9:42 AM To: Kibbe, Sharon Subject: Fwd: Trancik Attachments: 120604 (E) - McDermott Letter to Scott Treadway re_ Trancik v City of Carmel.pdf; ATT00001.htm please print out this email and attachment prior to the bpw meeting. thx. Begin forwarded message: From: Judy Hester <jhester@brazillhester.com> Date: June 4, 2012 2:31:45 PM EDT To: "Brainard, James C" <JBrainard(&,carmel.in.gov> Cc: "Haney, Douglas C" <DHaneyAcarmel.in.gov >, "Bennett, Amanda" <abennett(acarmel.in.gov >, "Duncan, Gary R" <gduncan(acarmel.in.gov> Subject: Trancik Good afternoon, Mayor: This matter was initially heard at the February 1, 2012 Board of Public Works meeting, and you suggested a mediation to resolve the dispute for all parties. The parties agreed to your suggestion. The attorney for the neighbors (Smith and Throgmarten), who is Jeff McDermott, and myself have been attempting to advance toward mediation, but Trancik's attorney, who is Scott Treadway, is ignoring us and being obstreperous. Jeff McDermott delivered a letter to our office today (attached), advising that his clients cannot proceed with mediation based upon the bad faith that has been shown by Treadway and his clients. I will be present at the time of the BPW meeting this week in the event that you have questions of me on this matter. We will also be working to get the appeal back on the BPW calendar so that it can be ruled on by the Board. Thank you for your assistance with this matter. It is unfortunate that the good intention of mediation could not come to pass. Best regards, Judy Hester Judy G. Hester, Esq. BRAZILL 1 HESTER PC 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 Ph: (317) 624 -9600 x12 Fax: (317) 624 -9610 6/20/2012 KRIEG I :JEVAULT® June 4, 2012 VIA REGULAR MAIL AND EMAIL scott@estlawllc.com E. Scott Treadway EST Law LLC 11805 North Pennsylvania Street, Suite 163 Carmel, IN 46032 Re: Trancik vs. City of Carmel Dear Scott, WWW. K RIE GD EVAU LT. COM Jeffrey C. McDermott Direct Dial: (317) 238 -6228 E -mail: jmcdermott @kdlegal.com As you know, during an appeal hearing on February 1, 2012 in Thomas and JoAnn Trancik's (the "Tranciks ") administrative action against the City of Carmel (the "City "), Mayor James Brainard kindly offered to conduct an informal mediation of all parties in an attempt to resolve the pending disputes between the Tranciks, the City and our clients, Neal and Sandi Smith and Bam Outdoor, Inc. Although our clients are not parties to the Tranciks' administrative action with the City, my colleague Bryan Strawbridge attended the February 1, 2012 administrative hearing and agreed to have our clients participate in an informal mediation subject to the parties agreeing to certain stipulations for that mediation. On February 29, 2012, you sent to Judy Hester and me proposed stipulations for the mediation. I responded to you a few days later (with a copy to Judy Hester) on March 6, 2012. In my response, I advised you that we were requesting certain changes to your proposed stipulations, and I included a redlined and clean version of our proposed revisions. I asked you to let me know at your earliest convenience if these changes were acceptable to you. On April 5, 2012, Judy Hester sent an email to you and me advising that she also had two suggested changes to your proposed stipulations which she asked to be included in order for the Board of Public Works to sign off on the stipulations. Unfortunately, I received no response from you and, to my knowledge, Judy Hester received no response either. Rather, on April 20, 2012, you simply sent another letter to Judy Hester and me which was identical to your February 29, 2012 letter. It incorporated none of the revisions which Judy and I had requested, and in fact made no mention of them at all. Accordingly, on April 24, 2012 I sent another letter to you (with a copy to Judy Hester) noting that Judy's and my requested revisions were not included in your April 20th 12600 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032 -5406 T 317 .566.1 110 F 317.636.1507 TIT MERITAS LAW FIRMS WORLDWIDE I<RIEG I =IEV,nIJLT June 4, 2012 Page 2 WWW. KRI EGDEVAULT.COM proposed stipulations and again enclosed a copy of the changes which we required in order to move forward with the mediation. In order to expedite matters, I also offered several dates for you, Judy Hester and I to participate in a conference call to address the stipulations. Unfortunately, I again did not hear from you. On May 3, 2102, Judy Hester sent you and me a letter also expressing her concerns that the suggested changes to your proposed stipulations which she and I had offered were being ignored. Judy reiterated that she also felt it would be prudent to conduct a conference call to address these issues. Judy proposed three more dates for a conference call in her letter and I promptly responded to her with dates on which I could participate in such a call. Again, we did not hear from you. Under the circumstances, it has become apparent to us that the Tranciks are not interested in moving forward with the mediation which was proposed by Mayor Brainard and which he graciously agreed to host and lead. As non - parties to the Trancik's administrative action against the City, our clients are no longer inclined to voluntarily participate in the mediation and will instead simply move forward with the litigation which you initiated in Hamilton Superior Court. I regret that you and your clients have not embraced the opportunity offered by Mayor Brainard to attempt to informally resolve this matter, but it has now been over four (4) months since the mediation was proposed and no action is being taken by you or your clients to move it forward. At this point we believe that too much time has been wasted and it is now in our interest to simply proceed with the pending litigation. JCM:11s:KD 4227142 1.DOCX cc: Judy Hester, Esq. Bryan S. Strawbridge, Esq.