- Adam Wason public works director for the city of Bloomington apologies I couldn't be there in person
- this evening we're at the Association of Indiana municipalities annual conference and so.
- going to participate in some things down here for the next couple days. But I appreciate the board for
- being here this evening. Again, Adam Wayson, Public Works Director. This is the regularly scheduled
- meeting of the Board of Public Works for Tuesday, October 21st, 2025. You all are in council chambers
- in Bloomington, Indiana. And any members of the public that are in attendance on Zoom this evening,
- we will have opportunities for public comment for all items on the agenda and items not on the agenda.
- If you're on Zoom, we'll ask that you use the raise hand or the chat function to indicate that you have
- a comment to be made. And then if you're a member of the public in person, you will just approach the
- podium at the appropriate times. Otherwise, I'll turn it over to Kyla Cox-Deckard, Board President for
- the Board of Public Works, and thank you very much. Thank you. I call to order this regular meeting
- of the Board of Public Works this Tuesday, October 21st of 2025.
- First we have messages from board members. Do we have any messages from the board this evening. Next
- we have appeals title six excessive growth appeal for 1901 East Viva Drive.
- Hello board members Taylor Brown assistant city attorney this was a notice of violation to 1901 East
- Viva Drive we have the neighborhood compliance officers who issued the notice as a violation present
- this evening if you have any questions the first this came through your report as a initial complaint
- of overgrowth the pictures provided in your packets on August 26th.
- were taken initially when the first notice was issued. No fine was issued at that time or no citation
- was issued at the time. Just a warning. Then again on September 18th the second notice of violation
- was issued because the violation had not been corrected. And at that time a citation of $50 was issued
- and then the appeal was timely filed.
- In accordance with Bloomington Municipal Code 6.0 6.0 5.0 it is unlawful for the owner of any lot or
- tract of ground within the city to allow it to come overgrown with weeds grass or noxious plants beyond
- the height of eight inches Or to such extent that the growth is detrimental to public health and constitutes
- a nuisance the grass reaches that same definition and in accordance with Coming over through a you report
- complaint. It also I would think rises to the level of nuisance, but happy to answer any questions you have
- Thank you. And do we have the appellant president. If you if you can just state your name and not here.
- Yeah no there is good. If you can state your name and just tell us about your appeal. Sure. My name
- is Natalie Bainter. I'm one of the owners of 1901 East Viva Drive. I'm not really sure if I should look
- at you or you but I'll try to include everyone.
- Wrote in my appeal That my husband and I are farmers our farm is in Hamilton County and our only working
- mower Which is our two-wheel tractor for our farm is also in Hamilton County and the summer is the busiest
- time for farmers And we don't always get the lawn crispy clean We do have someone. I don't know this
- person. I've never met them, but it's my understanding from
- Regular hand officer who I've spoken with several times that there's someone who's not my direct neighbor
- who made this complaint They walk around the city and make complaints like this. I wish they would talk
- to me so I could tell them why the grass isn't cut but That's essentially the story. I didn't mention
- that about the community member in my appeal, but it feels worthwhile to mention and I also Emailed
- the regular officer
- about this and he suggested that I make an appeal. So that's why I'm here. Thank you. Are there questions
- from the board for staff or for the appellant question for the appellant. Is it your testimony tonight
- that on the dates of August 26th and September 18th your grass was or was not taller than eight inches.
- August 26th, I believed it was a different violation and I could have been incorrect in that but I thought
- that violation was about the landscaping type grass that was obscuring the Yield sign on our corner
- and I did have a friend come and help with that who has a weed whacker How about September 18th September?
- Yes, my grass was long. Okay. Thank you. Mm-hmm
- Thanks for being here in person. I'm just curious if this has been something that's been an issue in
- previous summers if you have lived at the same address if there have been other complaints about a similar
- issue at the same address in past years. I don't know about past years. I believe that this year is
- the first time that I talked to the regular officer like I said was very kind and let me know about
- this person who
- complained about my house and others. I have not met this person. Does that answer your question.
- Thank you. And I have a question for staff for the site regarding the citation. If we could just get
- clarification that the citation that was issued on August 26 well technically was not a citation but
- it was a warning what in the detail of
- The August 26 I believe we've got the September paperwork on file. I just was wondering if the August
- 26 paperwork included the same information requesting that the grass generally be cut. That's a question
- for city staff.
- Okay that's fine. Apologies sorry. Yes it is for the same violation in the same code. Excessive growth
- six point six point oh five oh and it didn't say anything about like a specific section of grass. It
- just said no it just said excessive excessive growth. Correct.
- Is it possible for us to see the actual notice of violation from the August date. We have the notice
- from 9 18 but not it looks like a page from triple something in triplicate maybe the actual written
- notice that was perhaps left at the address.
- I'll chime in to hear this Adam place in public works director. I believe when I saw that that was also
- that was the warning that did issue was issued for the excessive growth I think the compliment the issue
- we have here is well it was reported by you know through you report in a resident it's clear that the
- lawn was out of compliance for an extensive period of time why the Notice of violation was issued you
- know whether this was a
- Done through neighborhood rounds that the neighborhood compliance officers normally just do or if it's
- complaint driven You know, we're seeing that the property simply out of compliance for extended periods
- of time. So I just want to make note of that Thank you for that I think the question here is we've got
- the $50 citation, but there's just not a paper version for us to see the warning that was issued and
- just making sure that the language is
- was the same, but thank you for your explanation.
- So on the warning it would have been marked the same and he would have just marked the top box there
- that you see that says BMC 6.0 6 0 5 0 excessive growth and then he would have marked a warning with
- no fine do at this time. We just print off what the note what is entered into our system as a notice
- of violation and not the actual ticket piece. Thank you. And we do have the.
- Kind of the formal whatever was input. Yeah, the formal one is just the site is like the citation just
- for the actual code violation non-specific That would be great to have Yeah, it's just it's a little
- unclear looking at the documentation here and
- It very clearly on the carbon that was provided for the notice of violation for September 18th there
- are comments that say grass over eight inches please mow yard. It sounds like that there's a little
- bit of confusion around what the directive was for the warning and there are not corrective action comments
- listed in either of the documents that we have from the system.
- Members of the board I also we also have the neighborhood compliance officers who can testify as to
- what he wrote in that initial warning if that would be helpful. That would be great. Steve Tam what's
- neighborhood compliance officer. So whenever I wrote the initial ticket the fire hydrant was covered
- by the grass that she was talking about and the yield sign was obscured and I
- noted that on the ticket and I also wrote please no yard. So that's all I have. Thank you. Any other
- questions.
- Is there a motion on this item. I move that we deny the appeal for Title 6 successive growth at 1901
- East Viva Drive. Second. All right. We have a motion and a second. I will call the roll. Crone I Roach
- I Cox Deckard I motion passes.
- Next up on the agenda is petitions and remonstrances. If we have anyone who would like to make a public
- comment about something that is not on the agenda this evening now is the opportunity to do so. If you're
- on Zoom you can use the raised hand function or the chat function to let us know you'd like to make
- a comment. And if you are in the room you can approach the microphone. None on Zoom seeing none.
- Next we have the consent agenda under the consent agenda. We have the minutes for July 15th of 2025
- the minutes for July 29th of 2025 and resolution 2025 dash 0 7 8 BPD disposal of lead and brass. Are
- there any questions from the board on the consent agenda. Can you please add payroll as I did. Sorry.
- I apologize that was left and you noted that in your synopsis earlier also in the consent agenda is
- payroll Are there any public comments on anything within the consent agenda None on zoom seeing none
- is there a motion I
- I move that we approve the consent agenda for tonight's meeting of October twenty one twenty twenty
- five second. All right. I will call the roll. I Roach. I Cox Deckard. I motion passes next. We have
- new business under new business. We have alley closure on East Kirkwood Avenue. Hello. Zach Bell from
- engineering.
- Wells masonry restoration is requesting an extension of a permitted alley closure on the east side of
- 205 East Kirkwood Avenue. This request is to accommodate boom lifts performing masonry work. The traffic
- control would be in place from 10 21 through 11 0 7 25 for a total of four weeks of closure. Keith Roberts
- has supplied maintenance of traffic plans for all work and has notified adjacent property owners about
- the BBW meeting and the intended scope of their work.
- Thank you. Questions on this item. Any public comments on this item. None on zoom seeing none. Is there
- a motion. I move that we approve the alley closure on East Kirkwood Avenue. Second I will call the roll.
- Caron I Roach I Cox Deckard I motion passes.
- Next we have contract with Ian be paving for sidewalk repair project for Kirkwood Avenue and Grant Street.
- This is a request to award a contract for the sidewalk repair project at Kirkwood Avenue. I'm sorry
- I'm Miranda Beaver of Public Works for Joe and even her for the street department. That's that part.
- But this is to award a contract for the sidewalk repair project at Kirkwood Avenue and Grant Street
- on the northwest corner to E&B paving. This project includes removal and replacement of concrete sidewalk
- and curb removal and replacement of tree grates and frames that are provided by the city and reset and
- relocating parking meters adjust casting degrade reset benches and bike racks and reset delineators
- and signs per instructions.
- Sealed quotes were open on October 6 2025 and Ian be paving LLC was determined to be the lowest responsive
- and responsible bidder with a total bid of ninety two thousand two hundred and twenty two dollars. We
- anticipate that this project will significantly improve pedestrian safety in the downtown area
- and construction timelines and public notices will be coordinated to ensure residents and businesses
- are informed throughout this process through the end of 2025.
- Thank you Miranda. I couldn't get off mute quick enough to do that one for you. So I appreciate that.
- Questions from the board on this item. Any public comments on this item. None on zoom is there a motion.
- I move that we approve the contract with EMB paving for the sidewalk repair project at Kirkwood Avenue
- and Grant Street. Second.
- Roach. Hi, Cox. Deckard. I motion passes Next we have a service agreement with groomer construction
- for plants or box repair at the southwest corner of Kirkwood Avenue and Grant Street Hello, Adam Wason
- public works director. This is a $1,600 repair that I didn't know needed to come to the board of public
- works But it is because it's a contract. So we're repairing a planter This is going to go to groomer
- construction and an amount not to exceed one thousand six hundred dollars
- We request your approval. Thank you. Questions from the board on this item. Just curious I guess we
- heard about another planter box that maybe was collided with. I don't know if this is natural deterioration
- or if there was an accident. I believe this one was also on the corner where it was probably a delivery
- truck or something like that. OK. Thank you.
- And I'm just going to reiterate we had talked in the work session about the fact that groomer construction
- has done repairs on these planter boxes in the past. And so this is within their kind of typical scope
- of work on these kinds of projects. Yep. And Adam along those lines any any consideration about things
- that might be done to help prevent this in the future. Bollard things like that.
- Yeah, so there's we've got bollards at most of these intersections There's not room for a bollard at
- this one the way it was originally designed is my recollection for this specific one But long term we're
- gonna have to work We're having a longer term conversation with parks and rec and others about the planters
- along Kirkwood and throughout the downtown and how we maintain and manage those Especially knowing that
- we've had kind of repeated hits on a few of them Thank you
- Any public comments on this item. None on zoom. Seeing none. Is there a motion. I move that we approve
- the service agreement with groomer construction for planter box repair at the southwest corner of Kirkwood
- Avenue and Grant Street. Second. All right. I will call the roll. Caron I Roche I Cox Deckard I motion
- passes. Next we have approval of claims.
- Are there any questions from the board on claims? Any public comments on claims? None on zoom Seeing
- none. Is there a motion on the claims? I move that we approve claims this evening in the amount of one
- million five hundred eleven thousand two hundred eighty dollars and fifty eight cents Second. All right,
- I will call the roll crown. I roach I Cox Deckard I motion passes
- Seeing as there is nothing else on our agenda this evening. I will call for adjournment